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Home My WebLink AboutPACKET Town Board 1996-05-28BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, May 28, 1996 7:30 P.M. AGENDA PUBLIC INPUT. To conduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at the discretion of the Mayor. 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 (acknowledgementonly.) D. Public Hearing: (1) 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. (2) 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. ACTION ITEMS: 1. Park Entrance Estates S.I.D. #95-1 - Ordinance #10-96 authorizing the issuance of Bonds. 2. Park Entrance Estates S. I.D. #95-1 - Resolution #10-96- accepting the purchase of Bonds. 3. Public Works Committee, May 23, 1996: A. Water Line Project Change Orders - Approval B. Computer Network Server - Approval to Purchase 4. Public Hearing: Resolution #11-96, Supplemental Budget. 5. Ordinance #11-96. Tobacco Regulation. 6. Liquor Licenses: A. Special Events Liquor Application filed by the Town of Estes Park, 225 E. Elkhorn Ave., for event scheduled June 12, 1996 (Friends of Bernie). 7. Legislative Update - Town Attorney White. 8. Town Administrator's Report. 1 Town of Estes "Park, Larimer county, colorado, .Max 64......, 19.9.6. Minutei of a .Regular... meeting of the Board of Trustees of the Town of Este, Park, Larimer County, Colorado. Meeting held in the Municipal Building in maid Town of Este, Park on the .1~t01. . day of .... ~fy. ..., A. D., 19. 9.6. at regular meeting hour. Robert L. Dekker Meeting called to order by Mayor ......................... Robert L. Dekker Susan L. Doylen, Pregent: Mayor Trueteee: Mayor ProTem Jeff Barker, John Baudek, George J. Hix, William J. Marshall, Alio Preient: Gary F. Klaphake, J. Donald Pauley Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk Absent: None Mayor Dekker called the meeting to order at 7:31 p.m. and Fire Chief Rumley and Secretary Chrastil acknowledged significant donations of time, construction expertise, materials, etc. for the training tower and smoke house by presenting plaques to the Town Board, Apex Roofing, Chief Rumley, Steve Deats, Eddie Ford, Western Mobile, Cornerstone Concrete, Campbell/Kearney, Rocky Mountain Lawn Care, Scott Dorman, Harvey & Dale Griffith, Doug Deats, Estes Park Lumber, and numerous lumber distributors. Mayor Dekker acknowledged receipt of the Town's plague and also commended the aforementioned for their participation in assisting the Fire Dept. PUBLIC INPUT. Austin Condon, 1849 Ranch Circle, presented a letter expressing his personal concerns on the Town's plan to reconstruct the Fall River Hydro Plant, and requested the Town Board reconsider. Mayor Dekker acknowledged receipt of the letter. CONSENT CALENDAR: 1. Town Board minutes dated April 23, 1996. 2. Bills. 3. Committee Minutes: A. Public Works, April 26, 1996. B. Community Development, May 2, 1996 C. Light and Power, May 9, 1996. D. Board of Adjustment, May 7, 1996 (acknowledgement only.) It was moved and seconded (Doylen/Marshall) the consent calendar be , approved, and it passed unanimously. ACTION ITEMS: 1.A. Elkhorn Avenue Curb & Gutter - Approval of Expenditure. Public Works Director Linnane reported that the 1996 Budget contains $25,000 for curb and gutter replacement on Elkhorn Avenue, and that it was necessary for such work to be completed prior to CDOT's paving of Elkhorn. This project was concurrently bid with an EPURA project, and G. L. Hoff was the low bidder. Board of Trustees-- May 14, 1996 - Page 2 Work will be completed May 15, 1996, and the overlay will be completed approximately May 22nd. CDOT will do their work during daytime working hours. It was moved and seconded (Doylen/Hix) the $25,000 expenditure for curb and gutter replacement on Elkhorn Avenue be approved, and it passed unanimously. r B. Slurry Seal - Approval of Expenditure. Staff reported on the proposed add-on to the existing contract award to Quality Resurfacing to apply- slurry-seal- to approximately 27-Town streets. The budgeted amount of $200,000 for street improvements includes a portion for this slurry seal project. Director Linnane confirmed that the difference in cost of paving v. slurry seal is almost 4-to-1, making the slurry seal very cost effective. It was moved and seconded (Doylen/Hix) the $50,000 expenditure for the Slurry Seal Project be approved, and passed unanimously. C. Water Dept. Change Orders - Approvil of Expenditure. Director Linnane reviewed four Water Dept. change orders totaling a budget expenditure of $26,550.00. All four items will be shared with CDOT (42%) who will reimburse the Town for their portion. It was moved and seconded (Marshall/Doylen) the Water Dept. Change Orders totalling $26,550 be approved, and it passed unanimously. D. Lake Estes Hike/Bike Trail "Causewav" Portion - Approval of Scope of Services Expenditure. Director Linnane requested ~ approval of design and construction management services for the causeway portion of the Lake Estes Hike/Bike Trail. RMC prepared a survey and quantity estimate price of $380,672, plus design and construction management of $44,760. Federal funding, if approved, would be $162,500. A map was displayed and staff riviewed the existing first phase which begins near ~ the Chamber of Commerce with a 10' concrete trail along the lake, up to Lakefront St., continues with the 10' concrete trail to the Marina, terminating west of the Marina. The second phase, which takes the trail to Highway 34, is being constructed and funded by the EVRPD, and they will begin work this Spring. Work is to be completed this Fall. The third phase is still in the planning phase, and it is ~ located near the Marina and extends down Highway 34, hugging the bottom of the dam, connecting to the Big Thompson River (the plan includes a bridge as a satellite item), continues ~ across Wapiti Meadows, winding up the hillside to intersect with Mall Road with a 6-8' bicycle/pedestrian trail along the north side of Mall Road. The fourth phase is the proposed causeway trail from the i intersection of Mall Road and Highway 34. Staff is proposing ! a 10' concrete trail along the north side of the causeway, I benched down 8-10', utilizing the existing guardrail system for protection/public safety, progressing underneath the I existing three BOR structures (coordinating with WAPA), terminating the trail at the Fisherman parking area. The length of the trail is approximately 2,200'. This project stands alone, and provides a safe crossing of the causeway. The last portion of the trail will be from the west end of the I causeway, hugging the lake behind the Dannels Fire Station, traversing in front of the power plant, along the newly I acquired Town property (Palmer's), connecting to the existing trail. Director Linnane reviewed the Town's official notification by ~ Larimer County and CDOT on potential grant funding. Staff submitted the Causeway Project. The Upper Front Range : Board of Trustees - May 14, 1996 - Page 3 Transportation Region (UFRTC) and CDOT favor the project, and, pending formal approval by the UFRTC, the Town was advised to proceed at their own risk. In staff's opinion, proceeding is a minimal risk as the design could be used at a later date. Trustee Doylen and Director Linnane will meet with UFRTC the end of May to officially present the project and they will prepare a video. The Larimer County Engineering Dept. has stated that it is highly probable that this project will be funded. Staff solicited a scope of services from RMC and the price is $44,760 which includes design, coordination with federal agencies, and the like. This price represents 12% of the cost estimate. Administrator Klaphake clarified how the Larimer County Open Space Sales Tax formula is calculated which, in Estes Park's case, is based on sales tax generation, that the tax is limited for use on trails or acquisition of open space, and the Town's first payment was $9,286.87. The Town could receive over $200,000/yr. This revenue would be used to leverage any potential grants for the Causeway Project. Homer Rouse and Administrator Klaphake have been appointed to serve on the Larimer County Board administering these funds and additional information will be presented as received. Trustee Hix commended Art Anderson and Gary Klaphake for their efforts on the Meadowdale Hills open space acquisition by the Land Trust. It was moved and seconded (Doylen/Hix) the Scope of Services in the amount of $44,760 submitted by RMC be accepted, and it passed unanimously. E. Sweeper - Acceptance of Lease/Purchase Bid and Approval of Expenditure. Trustee Hix declared a conflict of interest, stating he would not participate in discussion nor vote on this item. The Department budgeted $89,300 for a street sweeper; staff tested a sweeper and believes the Elgin Pelican mechanical sweeper should be purchased. The Department would then own a mechanical and a vacuum sweeper. A bid in the amount of $82,535 from Faris Machinery, including a $4,500 trade-in allowance. The Estes Park Bank was the low bidder with a lease/purchase bid of $19,394.07/year with 5.625% interest. It was moved and seconded (Doylen/Marshall) the ' Lease Purchase Bid submitted by Estes Park Bank for the purchase of the Elgin Pelican Mechanical Sweeper be accepted, and it passed by the following votes: Those voting "Yes" Trustees Barker, Baudek, Doylen, Marshall and Pauley. Those "Abstaining" Trustee Hix. F. Ford Bronco - ADDroval of Expenditure. $25,000 was budgeted for a multi-passenger vehicle. Bids were received from Longmont Automotive Group for $20,181 without trade-in, and Rains Motor Co. for $20,562.17 without a trade-in. Applying the existing 2% local discount, staff and the Committee recommended Rains Motor Company without the trade-on (the standard pickup truck will be retained in the fleet). Following the Committee meeting, Rains advised the Town that he cannot now supply the vehicle. Longmont does have a Ford Bronco, thus staff requested the bid be awarded to Longmont for $20,181, without trade-in. It was moved and seconded t (Barker/Doylen) the bid submitted by Longmont for $20,181 without trade-in be accepted, and it passed unanimously. 2. Ordinance #9-96 Amending Chapter 10.04.020{c) concerning Overtime Parking Fines. Town Attorney White noted that the Town has a separate section in the Municipal Code addressing overtime parking - Section 10.20.010. Pursuant to previous Town Board action reducing parking fines to $5.00, it is necessary to repeal Section 10.04.020(c) in the ordinance. Staff read the Ordinance, and it was moved and seconded Board of Truste,s - May 14, 1996 - Page 4 (Pauley/Marshall) Ordinance #9-96 be approved, and it passed unanimously. Whereupon Mayor Dekker declared the Ordinance duly passed and adopted, ordered it numbered 9-96, and published according to law. 3.A. Amended Plat Of Lot 2. James Subdivision. Tad & Dean Wariner/Applicants. Mayor Dekker opened the public hearing. r Administrator Klaphake reported that the Planning Commission recommended approval of the amended plat contingent upon 9 - conditions. -Items-1-8 have been met, and the Town received notification this date from CDOT that an access permit (Condition #9) is not required. Applicant's representative Van Horn reported that an Improvement Guarantee will be supplied, a firm bid has been obtained for installation of a waterline extension that will meet minimal fire flow, and that as this installation may provide additional water service, additional boring of the highway may be avoided. The owner is hopeful that they can enter into a main extension agreement with the Town. As there were no comments from the audience, Mayor Dekker closed the public hearing. It was moved and seconded (Doylen/Baudek) the Amended Plat of Lot 2, James Subdivision, Tad & Dean wariner/Applicants bi approved, and it passed unanimously. B. (1) Amended Plat of Lots 7. 8. 25. and a Portion of Lot 24. Block 10. Town of Estes Park (Lewiston Townhomes). Rex Miller/Anglicant. It was moved and seconded (Hix/Doylen) this Amended Plat be continued to May 28, 1996, and it passed unanimously. (2) 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. It was moved and seconded (Hix/Doylen) this Special Review be continued to May 28, 1996, and it passed unanimously. C. Petition for Rezoninq from R-1 to E-Estate for the First Resubdivision of Buenna Vista Terrace Subdivision. Gerald 1 Mayo submitted petitions for rezoning of the Buenna Vista Terrace Subdivision. The petitions represent nineteen property owners, and 21 lots in the subdivision. Staff presented the following options: reject it, or refer it to the Planning Commission. It was moved and seconded (Hix/Baudek) the Rezoning Petition be referred to the Planning Commission, and it passed unanimously. D. Resolution #9-96 - Intent to Annex the "Reserve Addition" {Storer Ranch Addition). Town Attorney White read the Resolution which refers the annexation to the Planning I Commission and sets June 25, 1996 for the Town Board public hearing on zoning. Bill Van Horn, Applicant' s representative, stated that the Applicant is in favor of an Annexation Agreement which would solidify his intent. The Applicant will 1 begin negotiations immediately following approval Of Resolution. It was moved and seconded (Baudek/Pauley) Resolution #9-96 be approved, setting the Town Board public hearing on June 25, 1996, and referring the annexation to the Planning Commission, and it passed unanimously. 4.A. New Retail Liquor Store License Application filed bv Diane Rambeau. dba RAMBOIS LONGHORN LIOUOR. 1640 Big Thompson Ave. i Mayor Dekker opened the public hearing. Attorney White confirmed that the application was in order, and Clerk O'Connor reported that the Applicant desires to amend the Trade Name on the application to "Rambo's Longhorn Liquor." Administrator Klaphake cautioned the applicant on preventing the sale to minors. There being no further testimony, Mayor Dekker declared the public hearing closed. Stating that the Board of Trustees finds that the reasonable requirements of . Board of Trustees - May 14, 1996 - Page 5 the neighborhood are not met by the present liquor outlets in the neighborhood, and that the desires Of the adult inhabitants are for the granting of this liquor license, it was moved and seconded (Doylen/Hix) the New Retail Liquor Store Application filed by Diane Rambeau, dba RAMBO' S LONGHORN LIQUOR be granted, and it passed unanimously. B. Special Events Liquor Application filed bv the Town of Estes Park. Museum Dept.. 200 Fourth St.. event scheduled June 7. 1996. It was moved and seconded (Marshall/Doylen) the Special Event Liquor Application filed by the Town of Estes Park, Museum Dept., be approved, and it passed unanimously. John Hazlitt, Member/Museum Friends Board, was acknowledged. i Following completion of all agenda items, Mayor Dekker adjourned the meeting at 8:43 p.m. Mayor Dekker ................ t Clerk O'Connor j BRADFOROPUSLISHING CO. RECORD OF PROCEEDINGS Public Safety Committee May 16, 1996 Committee: Chairman Marshall, Trustees Baudek and Pauley ... Attending: All Also Attending: Town Administrator Klaphake, Captain Filsinger, Fire Chief Rumley, First Asst. Fire Chief Ford, Deputy Clerk Kuehl Absent: None Chairman Marshall called the meeting to order at 8:00 A.M. POLICE DEPARTMENT Stop Stick Demo: Captain Filsinger reported that Officers Schumaker and Brand assisted the Loveland Police Department and Highway Patrol with a high speed pursuit into the Estes Park area by placing stop sticks, which flatten tires slowly to avoid accidents, across the road. Stop sticks cost approximately $400 for set of three and are replaced free of charge by the company. , A letter was received from the Colorado Department of Public Safety commending the Police Department for their assistance. FIRE DEPARTMENT Training Site Water Line: Chief Rumley reported that, to remain in compliance with NFPA Standards, a 20,000 gallon cistern for Pumper Operations is being constructed at the Fire Department Training Site. A 6" or larger water line is needed to fill the cistern and a hydrant is necessary to accommodate training. Chief Rumley reported that local contractors have .agreed to assist in trench digging. Administrator Klaphake noted the necessity to place the water lines to avoid leakage into the landfill area. The Committee recommends the Public Works Department submit a proposed water line design for review. CIRSA Requests: Chief Rumley referred to a letter from CIRSA noting required Fire Department compliance, including safety officer designation, fire apparatus inspection and maintenance, and protective clothing provision. The Bylaws and Standard Operating Procedures will be updated to include this information. CIRSA also requested certification for rescue training from confined spaces and trenches. First Assistant Fire Chief Ford provided information on the required equipment and related costs, noting that the Town Water Department owns some of the required equipment and personnel have been trained for these types of rescues. After further discussion, the Committee recommends that CIRSA provide more detail on its requirements; Staff consider alternatives, such as designating Water Personnel for this type of rescue; Town Staff research the program in Loveland and Fort Collins and determine more specific costs; and that this information be returned to Committee for further consideration. REPORTS No reports. There being no further business, Chairman Marshall adjourned the meeting at 8:35 a.m. T. K unit Tina Kuehl, Deputy Town Clerk IRADFORD'U~LISHING.0. RECORD OF PROCEEDINGS Public Works Committee May 23, 1996 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. LAND TRUST RECOGNITION PLAOUE -- REOUEST APPROVAL Trustee Hix declared a conflict of interest and did not participate in the discussion or the recommendation. Town Administrator Klaphake explained that the Land Trust wishes to purchase a bronze elk to be placed at the Legion Island, for recognition of the successful Meadowdale and Beyond campaign. The funds would be separate from the campaign funds. Town approval for the location site and possible installation assistance is needed prior to further discussion of this project. The Committee recommends the Legion Island be approved as the site for the proposed bronze elk. WATER DEPARTMENT WATER LINE PROJECT CHANGE ORDERS Director Linnane reported that Chairman Doylen had been notified of the following Highway 34 water main interconnection change orders as they occurred: 1. Extend the new 6" water main at the end of Otis Lane 370', replacing a 2" water main, at a cost not-to-exceed $20,000. CDOT has agreed to pay their portion (42%). The Committee recommends the 6" water main be extended 370' at a cost not to exceed $20,000; Town's portion, $11,600*; CDOT, $8,400*. 2. Relocate the new water main on valley Road after it was discovered the existing water and gas main were not located where expected. The Committee recommends relocation of the new water main at a cost not-to-exceed $1,750. 3. BT Construction has performed additional work as follows: Hillside: Interconnect 1%" tap, $481.50. 0 Repair 3/4" water service, $1,274.00. 0 Summit Dr. & Grand Estates: Install two new 8" valves to minimize water outages , $1,596.25. Otis Lane: Locate 2" line to provide future extension, $879.00. Vista Lane & Hillside: Search for existing water main, $440.50. * Grand Estates: Install additional valve and 4" water main, $380.00. The Committee recommends approval of the change orders totaling $5,1051.25; Town' s portion, $2,930.00*; CDOT, $2,121.25*. L/ Chairman Doylen commended all the departments for their cooperative work during this major project. BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Works Committee, May 23, 1996 - Page 2 GLACIER WATER TANK -- REAUTHORIZATION OF CONTRACT Town Administrator Klaphake requested that the Glacier Creek Water Tank contract be signed by the Mayor and Town Clerk rather than the Public Works Director. There are no changes in the contract. The Committee recommends the Mayor and Clerk sign the Glacier Creek Water Tank contract. FLEET, WATER, AND LIGHT & POWER DEPT. COMPUTER NETWORK SERVER -- AUTHORIZATION TO PURCHASE Director Linnane presented the following bids for the requested Network PC Server for the Larimer County fuel tank operations: Dell Corp. $15,207.35 Digital Corp. $14,911.45 Town GIS Analyst Shawn Kraft explained that the Dell system is proven reliable and high quality, is capable of adding 10 times more memory, and includes options such as network cards and cabling. This system will allow communication among the school, Larimer County, andÂ·the Town, providing all will dedicate a phone line to the system. The costs are included in the Fleet, Water, and Light & Power budgets. The Committee recommends approval of the purchase of the Dell Corp. Network PC computer system at a total cost of $15,207.35: Fleet Department, $1,500; Water Department, $6,853.79; and Light & Power Department, $6,853.79. REPORTS The Committee reviewed the Customer Service Response and Water Reports for April. Highway 7, Highway 34, Elkhorn Overlay Projects Update: Director Linnane reported that the work is expected to be completed by mid- July and noted that most of the work is on schedule with the exception of the curb and gutter work which will be completed July 2. Steamer Drive was closed to allow CDOT total access for the required work, and is expected to be reopened within the next couple weeks. The schedule is weather and unknowns dependent. Lake Estes Causeway Trail Grant Application Update: Mayor Dekker and Public Works Director Linnane will attend a meeting regarding grant monies for the Causeway Trail and report their findings at a future meeting. Chairman Doylen adjourned the meeting at 8:29 a.m. 1*K-2,9 Tina Kuehl, Deputy Town Clerk * , STATE OF COLORADO ) COUNTY OF LARIMER ) TOWN OF ESTES PARK ) The Board of Trustees of the Town of Estes Park, Colorado, met in regular session in full conformity with the rules and ordinances of the Town at the Town Hall, 170 MacGregor Avenue, in Estes Park, Colorado on Tuesday, the 28th of May, 1996, at 7:30 p.m. Upon roll call the following were present constituting a quorum: Mayor: Robert L. Dekker Mayor Pro-Tem: Susan L. Doylen Trustees: ~ Jeff Barker John Baudek George J. Hix William J. Marshall J. Donald Pauley Absent: Also Present: Town Manager: Gary Klaphake Town Treasurer/Finance Director: Monte Vavra Town Clerk: Vickie O'Connor Town Attorney: Gregory White, Esq. The Town Clerk advised that the prepaymett period for assessments imposed within Park Entrance Estates Special Improvement District No. 95-1, ended on May 13, 1996, and the unpaid assessments will be paid in installments. Thereupon Trustee introduced and there was read the following Ordinance: #175742v.2 ORDINANCE NO. -, SERIES 1996 AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE TOWN OF ESTES PARK, COLORADO, OF SPECIAL ASSESSMENT BONDS IN THE PRINCIPAL AMOUNT OF $165,000, FOR PARK ENTRANCE ESTATES SPECIAL IMPROVEMENT DISTRICT NO. 95-1; PRESCRIBING THE FORM OF THE BONDS; AND PROVIDING FOR THE PAYMENT OF THE BONDS AND THE INTEREST THEREON. WHEREAS, the Board ofTrustees (the "Board") of the Town of Estes Park, Colorado (the "Town"), has created Park Entrance Special Improvement District No. 95-1 (the "District"), for the purpose of paying for public improvements to be constructed in the District; and WHEREAS, the total cost ofthe improvements in the District has been definitely ascertained; and WHEREAS, the Board has determined that the cost ofthe construction of improvements for the District, together with all necessary incidental costs, less assessments which have been prepaid, shall not exceed the amount of $165,000, and that bonds of the Town for the District should be issued in such amount; and WHEREAS, the Board has heretofore received a proposal from The Estes Park Bank, Estes Park, Colorado (the "Purchaser"), for the purchase of said bonds; and WHEREAS, the Board has determined that said proposal is to the best advantage of the Town, and has determined to accept said proposal; and WHEREAS, the Town will receive an investment letter (the "Investment Letter") from the Purchaser as evidence of its ability to make such investment; and WHEREAS, it is necessary to provide for the issuance of said bonds and the form and payment thereof; THE TOWN OF ESTES PARK, COLORADO, ORDAINS: Section 1. Bond Details. By virtue of and pursuant to the Constitution of the State of Colorado and Title 31, Article 25, Part 5, Colorado Revised Statutes; and all other law thereunto enabling, there shall be issued Special Assessment Bonds, Series 1996 (the "Bonds") of the Town of Estes Park, Colorado, for Park Entrance Estates Special Improvement District No. 95-1, for the purpose of paying for the improvements to be constructed in the District. The Bonds shall be in the principal amount of $165,000, shall be dated as of the date of their delivery, and shall consist of Bonds in the denomination of $5,000 or any integral multiple thereof. The Bonds shall be issued only as fully registered bonds and shall be due and payable on November 1, 2006, subject to call and #175742v,2 2 prior payment on any interest payment date, in direct numerical order, upon payment of par and accrued interest, without redemption premium. The Bonds shall bear interest payable semiannually on each November 1 and May 1, commencing on November 1, 1996, at the rate of 5.99% per annum. Section 2. Payment ofBonds: Paying Agent and Bond Registrar. The principal ofthe Bonds is payable in lawful money of the United States of America to the registered owner of each Bond upon presentation at the office ofthe Finance Director, in Estes Park, Colorado, or its successor, as paying agent (the "Paying Agent"). Notwithstanding anything contained in this ordinance to the contrary, interest on any Bond is payable to the person in whose name such Bond is registered, at his address as it appears on the registration books maintained by or on behalf of the Town by the Finance Director, in Estes Park, Colorado, or its successor, as bond registrar (the "Bond Registrar"), at the close ofbusiness on the fifteenth (15th) day ofthe calendar month next preceding each interest payment date (the "Record Date"), irrespective of any transfer of such Bond subsequent to such Record Date and prior to such interest payment date. Such payment shall be paid by check or draft of the Paying Agent mailed on or before the interest payment date to such registered owner. Presentation and surrender of any Bond is not required until the final maturity thereof or until such Bond is called for redemption prior to its final maturity. The final payment of principal and interest due on any Bond shall be made, or such Bond shall be redeemed prior to its maturity, only upon presentation and surrender of such Bond to the Paying Agent. If the date for making any payment or performing any action hereunder shall be a legal holiday or a day on which the principal office of the Paying Agent or Bond Registrar is authorized or required by law to remain closed, such payment may be made or act performed on the next succeeding day which is not a legal holiday or a day on which the principal office of the Paying Agent of Bond Registrar is authorized or required by law to remain closed. Section 3. Form and Execution of Bonds. The Bonds shall be signed with the manual or facsimile signature of the Mayor, attested and countersigned by the manual or facsimile signature of the Town Clerk, and sealed with a manual impression or a facsimile of the seal of the Town. Should any officer whose manual or facsimile signature appear on said Bonds cease to be such officer before delivery of the Bonds to the Purchaser, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes. The Bonds shall be in substantially the following form: #175742v.2 3 . (Form of Bond) No. R- $ UNITED STATES OF AMERICA STATE OF COLORADO TOWN OF ESTES PARK COUNTY OF LARIMER PARK ENTRANCE SPECIAL IMPROVEMENT DISTRICT NO. 95-1 SPECIAL ASSESSMENT BOND, SERIES 1996 INTEREST RATE MATURITY DATE ORIGINAL ISSUE DATE % November 1,2006 ,1996 REGISTERED OWNER: PRINCIPAL AMOUNT: The Town of Estes Park, in the County of Larimer and the State of Colorado, for value received, hereby promises to pay solely out of the special fund hereinafter designated, but not otherwise, to the registered owner named above, or registered assigns, on the maturity date specified above, the principal amount specified above, and in like manner to pay interest on such principal amount (computed on the basis of a 360-day year of twelve 30-day months) from the interest payment date next preceding the date of registration and authentication of this Bond, unless this Bond is registered and authenticated prior to November, 1996, in which event this Bond shall bear interest from the date of its delivery, at the interest rate per annum specified above, payable semiannually on November 1 and May 1 each year, commencing on November 1,1996, until such principal amount is paid, unless this Bond shall have been previously called for redemption and payment shall have been duly provided for or made. The principal of this Bond is payable in lawful money of the United States of America to the registered owner upon presentation at the office of the Town Finance Director, in Estes Park, Colorado, or its successor, as Paying Agent. Payment of each installment of interest shall be made to the registered owner hereof whose name shall appear on the registration books of the Town maintained by the Town by its Finance Director, in Estes Park, Colorado, or its successor, as Bond Registrar, at the close of business on the fifteenth (15th) day of the calendar month next preceding each interest payment date (the "Record Date"), and shall be paid by check or draft of the Paying Agent mailed on or before the interest payment date to such registered owner at his address as it appears on such registration books. Presentation and surrender ofthis Bond is not required until the final maturity thereof or until this Bond is called for redemption prior to its final maturity. The final payment of principal and interest due on this Bond shall be made, or this Bond shall be redeemed prior to its maturity, only upon presentation and surrender of this Bond to the Paying Agent. #175742v.2 4 If the date for making any payment or performing any action hereunder shall be a legal holiday or a day on which the principal office of the Paying Agent or Bond Registrar is authorized or required by law to remain closed, such payment may be made or act performed on the next succeeding day which is not a legal holiday or a day on which the principal office of the Paying Agent or Bond Registrar is authorized or required by law to remain closed. This Bond is subject to call and redemption in direct numerical order of the issue of which it is one, in increments of $5,000 in principal amount, on any interest payment date, upon payment of $5,000 or any integral multiple thereof and accrued interest on such redeemed amount to the date of redemption. Notice of the prior redemption shall be given by mailing a copy of the redemption notice, not less than thirty (30) days prior to the date fixed for redemption, to the registered owner of this Bond at the address shown on the registration books maintained by the Bond Registrar, all as set forth in the authorizing Bond ordinance. At the expiration of thirty (30) days from the mailing of such notice, interest on the Bonds so called shall cease. This Bond is one of a series aggregating One Hundred Sixty-Five Thousand Dollars ($165,000) par value, all of like date, tenor, date of maturity, principal amount, and effect, except as to number, issued by the Board of Trustees of the Town of Estes Park, Colorado, for the purpose of paying for public improvements to be constructed in Park Entrance Estates Special Improvement District No. 95-1, in the Town of Estes Park, by virtue of and in full conformity with the Constitution of the State of Colorado; Title 31, Article 25, Part 5, Colorado Revised Statutes; and all other laws of the State of Colorado thereunto enabling, and pursuant to the duly adopted Ordinance authorizing the issuance of this Bond. Payment ofthis Bond and the interest thereon shall be made from, and as security for such payment there is pledged, a special fund designated as the "Park Entrance Estates Special ~ Improvement District No. 95-1 Bond Fund," which Fund shall contain any moneys in the construction account remaining after the cost of improvements has been paid in full and the revenue generated from special assessments levied against the property included within the District and specially benefited by the construction and installation of improvements therein. The assessments constitute a lien on and against each lot in the District, in the respective amounts apportioned by an ordinance of the Town. It is hereby recited, certified, and warranted that the total issue of Bonds of the Town for the District, including this Bond, does not exceed the amount authorized by law; that every requirement of law relating to the creation of Park Entrance Estates Special Improvement District No. 95-1, the construction of said public improvements, and the issuance of this Bond has been fully complied with by the proper officers of the Town, and that all conditions required to exist and things required to be done precedent to and in the issuance of this Bond to render the same lawful and valid, have happened, been properly done and per formed, and did exist in regular and due time, form, and manner, as required by law. For the payment of this Bond and the interest thereon, the Town pledges all of its lawful corporate powers. #175742v,2 5 This Bond does not constitute a debt or an indebtedness of the Town within the meaning of any constitutional, charter, or statutory limitation or provision, and shall not be considered or held to be a general obligation of the Town. The payment of this Bond and the interest thereon is not secured by an encumbrance, mortgage, or other pledge of property of the Town, except for such special assessments and other moneys pledged for the payment of Bonds, as set forth above. No property of the Town, subject to said exception, shall be liable to be forfeited or taken in payment ofthe Bonds. The Bonds are issuable only in the form of registered bonds in the denomination of $5,000 or any integral multiple thereof. The Bond Registrar shall not be required to issue or transfer any Bonds: (1) during a period beginning on the Record Date and ending at the close of business on the ensuing interest payment date, and (2) during the period beginning on the day of selection of Bonds to be redeemed and ending on the day on which the applicable notice of redemption is given. The Bond Registrar shall not be required to transfer any Bonds selected or called for redemption, in whole or in part. The Town may deem and treat the registered owner of any Bond as the absolute owner thereof for all purposes (whether or not such Bond shall be overdue) and any notice to the contrary shall not be binding upon the Town. This Bond is transferrable by the registered owner hereof in person or by his attorney duly authorized in writing, at the office of the Bond Registrar, but only in the manner, subject to the limitations, and upon payment of the charges provided in the authorizing Bond Ordinance and upon surrender and cancellation of this Bond. This Bond may be transferred upon the registration books upon delivery to the Bond Registrar of this Bond, accompanied by a written instrument or instruments of transfer in form and with guaranty of signature satisfactory to the Bond Registrar, duly executed by the owner ofthis Bond or his attorney-in-fact or legal representative, containing written instructions as to the details ofthe transfer ofthe Bond, along with the social security number or federal employer identification number of such transferee. In the event of the transfer of this Bond, the Bond Registrar shall enter the transfer of ownership in the registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond in the denomination of $5,000, or any integral multiple thereof, of the same maturity, sequential number, and interest rate which the registered owner is entitled to receive at the earliest practicable time. The sequential numbers shall remain the same following each transfer of ownership, i.e., R-1 will be reissued as R-lA, then R.-1B, etc. The Bond Registrar shall charge the owner of this Bond for every such transfer an amount sufficient to reimburse it for its reasonable fees and for any tax or other governmental charge required to be paid with respect to such transfer. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the authorizing Bond ordinance until the certificate of authentication hereon shall have been signed by the Bond Registrar. #175742v.2 6 IN TESTIMONY WHEREOF, the Board of Trustees of the Town of Estes Park has caused this Bond to be signed by the facsimile signature of the Mayor, attested and countersigned by the facsimile signature of the Town Clerk, and sealed with a facsimile impression of the corporate seal of the Town, all as of the day of ,1996. (FACSIMILE TOWN OF ESTES PARK, COLORADO SEAL) By: (Facsimile Signature) Mayor ATTESTED: (Facsimile Signaturel Town Clerk [Form of Bond Registrar's Certificate of Authentication] CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the issue described in the within-mentioned Bond Ordinance. Date of Registration and Authentication: TOWN OF ESTES PARK, COLORADO By: By: Authorized Signatory #175742v.2 (Form of Prepayment Panel) The following installments of principal (or portion thereof) of this Bond have been prepaid in accordance with the terms of the Bond Ordinance authorizing the issuance of this Bond. Signature of Authorized Signature of Representative Authorized Date of Principal Prepaid Principal of the Town as Representative Prepayment fin $5.000 increments) Outstanding Paying Agent of the Purchaser #175742v.2 (Form of Transfer] ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns, and transfers unto SOCIAL SECURITY OR FEDERAL EMPLOYER IDENTIFICATION NUMBER OF ASSIGNEE (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint attorney, to transfer said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature of Registered Owner: NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Signature guaranteed: (Bank, Trust Company, or Firm) #175742v.2 9 1 . Section 4. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until a certificate of authentication on such Bond substantially in the form hereinabove set forth shall have been duly executed by the Bond Registrar, and such executed certificate ofthe Bond Registrar upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. The Bond Registrar's certificate of authentication on any Bond shall be deemed to have been executed by it if signed by an authorized officer or signatory of the Bond Registrar, but it shall not be necessary that the same officer or signatory sign the certificate of authentication on all of the Bonds issued hereunder. Section 5. Delivery of Bonds. Upon the adoption ofthis Ordinance, the Town shall execute a single physical Bond in the principal amount of $165,000, representing thirty-three (33) $5,000 Bonds. The Town shall then authenticate the single Bond and deliver it to the Purchaser, together with a prepayment panel which shall be completed as portions of the principal amount are called and redeemed by the Town. Section 6. Registration and Transfer of Bonds: Persons Treated as Owners. The Bond Registrar shall maintain the books for the registration of ownership of each Bond as provided in this Ordinance. Bonds may be transferred upon the registration books upon delivery of the Bonds to the Bond Registrar, accompanied by a written instrument or instruments of transfer in the form and with guaranty of signature satisfactory to the Bond Registrar, duly executed by the owner of the Bonds to be transferred or his attorney-in-fact or legal representative, containing written instructions as to the details ofthe transfer of such Bonds, along with the social security number or federal employer identification number of such transferee. No transfer of any Bond shall be effective until entered on the registration books. In all cases ofthe transfer of a Bond, the Bond Registrar shall enter the transfer of ownership in the registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond in the denomination of $5,000, or any integral multiple thereof, of the same maturity, sequential number, and interest rate which the registered owner is entitled to receive at the earliest practicable time in accordance with the provisions of this ordinance. The sequential numbers shall remain the same following each transfer of ownership, i.e., R-1 will be reissued as R-lA, then R-IB, etc. The Bond Registrar shall charge the owner of such Bond for every such transfer of a Bond an amount sufficient to reimburse it for its reasonable fees and for any tax or other governmental charge required to be paid with respect to such transfer. The Bond Registrar shall not be required to issue or transfer any Bonds: (1) during a period beginning on the Record Date and ending at the close of business on the ensuing interest payment date, or (2) during the period beginning on any date of selection of Bonds to be redeemed and ending on the day on which the applicable notice of redemption is given. The Bond Registrar shall not be required to transfer any Bonds selected or called for redemption, in whole or in part. #175742v.2 10 New Bonds delivered upon any transfer shall be valid special revenue obligations of the Town, evidencing the same obligation as the Bonds surrendered, shall be secured by this Ordinance, and shall be entitled to all of the security and benefits hereof to the same extent as the Bonds surrendered. The Town may deem and treat the registered owner of any Bond as the absolute owner thereof for all purposes (whether or not such Bond shall be overdue) and any notice to the contrary shall not be binding upon the Town. Section 7. Destruction of Bonds: Whenever any outstanding Bond shall be delivered to the Bond Registrar for cancellation pursuant to this ordinance and upon payment of the principal amount and interest represented thereby, or whenever any outstanding Bond shall be delivered to the Bond Registrar for transfer pursuant to the provisions hereof, such Bond shall be canceled and destroyed by the Bond Registrar and counterparts of a certificate of destruction evidencing such destruction shall be furnished by the Bond Registrar to the Town. Section 8. Lost Bonds. Any Bond that is lost, stolen, destroyed, or mutilated may be replaced or paid by the Bond Registrar in accordance with and subject to the limitations of applicable law. The applicant for any such replacement Bond shall post such security, pay such costs, and present such proof of ownership and loss as may be required by applicable law, or in the absence of specific requirements, as may be required by the Bond Registrar. Section 9. Disposition and Investment of Bond Proceeds. The proceeds of the Bonds shall be applied only to pay the costs and expenses of constructing the improvements in the District and all other costs and expenses incident thereto, including without limitation, the costs of issuing and securing the Bonds. Neither the Purchaser nor any subsequent owners of the Bonds shall be responsible for the application or disposal by the Town or any of its officers of the funds derived from the sale thereof. In the event that all of the proceeds ofthe Bonds are not required to pay such costs and expenses, any remaining amount shall be deposited to the Bond Fund hereinafter created, and used for the purpose of calling in and paying the principal of and interest on the Bonds. All or any portion of the Bond proceeds may be temporarily invested or reinvested, pending such use, in securities or obligations which are lawful investments. It is hereby covenanted and agreed by the Town that it will not make or permit to be made, any use of the original proceeds of the Bonds, or any moneys treated as proceeds of the Bonds within the meaning of the Internal Revenue Code of 1986, as amended (the "Code), and applicable regulations, rulings, and decisions, or take, permit to be taken, or fail to take any action, which would adversely affect the exclusion from gross income of the interest on the Bonds under Section 103 of the Code and applicable regulations, rulings, and decisions. Section 10. Bond Fund. The Bonds and the interest thereon shall be payable solely from a special fund hereby established and designated as the "Park Entrance Estates Special Improvement District No. 95-1 Bond Fund" (the "Bond Fund"). The Bond Fund shall contain any moneys in the construction account remaining after the cost of improvements has been paid in full, and the moneys collected as a result of the assessments levied against the property within the District and specially #175742v.2 11 benefited by the construction ofthe public improvements therein. All moneys collected as a result of such assessments shall be deposited immediately upon receipt to the Bond Fund and applied to the payment ofthe principal of and interest on the Bonds until such principal and interest is paid in full. Section 11. Prior Redemption. When the Finance Director has funds in the Bond Fund exceeding six months' interest on the unpaid principal of the Bonds issued and outstanding, he shall call in, by mailed notice to the registered owners of Bonds to be so called, using first class mail (postage prepaid) at the address shown on the registration books maintained by the Bond Registrar, a suitable number of $5,000 Bonds for payment. At the expiration of thirty (30) days from the mailing of such notice, interest on the Bonds so called shall cease. The notice shall specify by number the Bonds so called, and all Bonds shall be paid in their numerical order. Section 12. Acceptance of Investment Letter. The Board hereby reaffirms its determination to accept the Investment Letter as submitted by the Purchaser, and to sell the Bonds to the Purchaser upon the terms and understandings set forth in the Investment Letter. Section 13. Direction to Take Authorizing Action. The appropriate officers of the Town and members of the Board are hereby authorized and directed to take all other actions necessary or appropriate to effectuate the provisions of this Ordinance, including but not limited to the execution of such certificates and affidavits as may be reasonably required by the Purchaser and the Town's bond counsel. Section 14. Severability. If any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 15. Repealer. All ordinances or resolutions, or parts thereof, of the Town that are inconsistent or in conflict herewith are hereby repealed to the extent only of such inconsistency or conflict. Section 16. Designation as "Qualified Tax-Exempt Obligation." The Town hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) ofthe Code. Section 17. Recording and Authentication. This Ordinance, after its final passage, shall be authenticated by the signature of the Mayor and the Town Clerk, shall be recorded in a book kept for that purpose, and shall be published in accordance with law. Section 18. Effective Date. This Ordinance shall be effective, in accordance with Colorado state law, thirty (30) days following its publication after final adoption by the Board. #175742v.2 12 . INTRODUCED AND FINALLY PASSED AND ADOPTED at a regular meeting of the Board on May 28, 1996, and ordered published in accordance with law. (SEAL) Mayor ATTESTED: Town Clerk #175742v.2 13 Trustee then moved that the foregoing Ordinance read at this meeting be finally adopted and published in the Estes Park Trail-Gazette, a newspaper in general circulation within the Town, in the issue dated , 1996. Trustee seconded the motion. The question being upon the adoption of the motion, the roll was called with the following result: Those voting YES: Jeff Barker John Baudek Susan L. Doylen George J. Hix William J. Marshall J. Donald Pauley Those voting NO: None The presiding officer thereupon declared that, not less than a majority of all the members of the Board having voted in favor thereof, the motion was carried and the Ordinance finally adopted. Thereupon, Trustee introduced the following Resolution: #175742v,2 14 RESOLUTION NO. ACCEPTING THE PROPOSAL OF THE ESTES PARK BANK, ESTES PARK, COLORADO, TO PURCHASE $165,000 TOWN OF ESTES PARK, COLORADO, PARK ENTRANCE ESTATES SPECIAL IMPROVEMENT DISTRICT NO. 95-1, SPECIAL ASSESSMENT BONDS, SERIES 1996. WHEREAS, The Estes Park Bank, Estes Park, Colorado (the "Bank") has submitted a proposal to purchase One Hundred Sixty-Five Thousand Dollars ($165,000) ofthe Town of Estes Park, Colorado (the "Town"), Park Entrance Estates Special Improvement District No. 95-1 (the "District"), Special Assessment Bonds, Series 1996 (the "Bonds"); and WHEREAS, it is in the best interest of the Town to accept such proposal; and WHEREAS, the Bank has submitted to the Town a proposed form of investment letter setting forth the terms and understandings under which it is purchasing the Bonds; THEREFORE, THE TOWN OF ESTES PARK RESOLVES: 1. To accept the proposal of the Bank to purchase the Bonds at a price of par, with delivery of the Bonds to be on or about July 2,1996. 2. The Town hereby accepts the Investment Letter, attached hereto as Exhibit A and incorporated herein by this reference. 3. All orders, bylaws, and resolutions of the Town, or parts thereof inconsistent with this Resolution, are hereby repealed to the extent only of such inconsistency. 4. If any one or more sections or parts of this Resolution shall be adjudged unenforceable or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, it being the intention that the various provisions hereof are severable. ADOPTED AND APPROVED this 28th day of May, 1996. (SEAL) TOWN OF ESTES PARK, LARIMER COUNTY, COLORADO ATTEST: By: Town Clerk Mayor #175742v.2 15 Thereupon, the Resolution came to a vote of the Board. Trustee moved that the Resolution be adopted as read. Trustee seconded the motion. The question being upon the adoption of the motion to adopt the Resolution as read, the roll was called with the following result: Those voting YES: - JeffBarker John Baudek Susan L. Doylen George J. Hix William J. Marshall J. Donald Pauley Those voting NO: None The presiding officer thereupon declared that not less than a majority of the Trustees present having voted in favor thereof, the motion was carried and the Resolution adopted as read. Thereupon, after consideration of other matters to come before the Board, the meeting was adjourned. (SEAL) Town Clerk Mayor #175742v.2 HAO~OR' PU~61~MING CO. RECORD OF PROCEEDINGS Public Works Committee May 23, 1996 -- Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Deputy Clerk Kuehl i Absent: None yATER DEPARTMENT WATER LINE PROJECT CHANGE ORDERS Director Linnane reported that Chairman Doylen had been notified of the following Highway 34 water main interconnection change orders as they occurred: 1. Extend the new 6" water main at the end of Otis Lane li':-,1 370', replacing a 2" water main, at a cost not-to-exceed The Committee recommends the 6 m water main be extended $20,000. CDOT has agreed to pay their portion (42%). 370' at a cost not to exceed $20,000; Town's portion, $11,600*; CDOT, $8,400*. 2. Relocate the new water main on valley Road after it was discovered the existing water and gas main were not located where expected. The Committee recommends . relocation of the new water main at a cost not-to-exceed $1,750. 3. BT Construction has performed additional work as follows: Hillside: Interconnect 136" tap, $481.50. Repair 3/4" water service, $1,274.00Â· Summit Dr. & Grand Estates: Install two new 8" valves to minimize water outages , $1,596.25. Otis Lane: Locate 2" line to provide future extension, $879.00. Vista Lane & Hillside: Search for existing water main, $440.50. Grand Estates: Install additional valve and 4" water main, $380.00. The Committee recommends approval of the change orders totaling $5.1051.25; Town' s portion, $2.930.00*; CDOT, $2,121.251. - - Chairman Doylen commended all the departments for their cooperative work during this major project. FLEET, WATER. AND LIGHT & POWER DEPT. COMPUTER NETWORK SERVER -- AUTHORIZATION TO PURCHASE Director Linnane presented the following bids for the requested Network PC Server for the Larimer County fuel tank operations: Digital Corp. $14,911.45 Dell Corp. $15,207.35 Cl Town GIS Analyst Shawn Kraft explained that the Dell system is .... proven reliable and high quality, is capable of adding 10 times more memory, and includes options such as network cards and cabling. This system will allow communication among the school, ,38 Larimer County, and the Town, providing all will dedicate a phone line to the system. The costs are included in the Fleet, Water, And Light & Power budgets. The Committee recommends approval of the purchase of the Dell Corp. Network pc computer system at a total cost of $15,207.35: Fleet Department, $1.500; Water Department. $6,853.79; and Light & Power Department, $6,853.79. RESOLUTION TO APPROPRIATE SUMS OF MONEY A RESOLUTION TO SUPPLEMENT THE TOWN OF ESTES PARK'S 1996 COMMUNITY REINVESTMENT FUND PARK ENTRANCE ESTATES S.I.D. #95-1 FUND, SPECIAL ASSESSMENT DEBT SERVICE FUND, AND SPECIAL EVENTS FUND BUDGETS AND TO AUTHORIZE A TEMPORARY CASH ADVANCE FROM LIGHT AND POWER FUND TO THE COMMUNITY REINVESTMENT FUND WHEREAS, the Town of Estes Park has determined to construct the Dannels Fire Station, additional funds will be borrowed from the Town of Estes Park Light and Power Fund, and the 1996 Community Reinvestment Fund budget needs to be supplemented; and WHEREAS, the Town of Estes Park has determined to proceed with the Park Entrance Estates S.I.D. #95-1 improvements, a 1996 budget needs to be established; and WHEREAS, a Debt Service Fund is needed to account for the payment of principal and interest of the Park Entrance Estates S.I.D. #95-1 bond issue, a 1996 budget will need to be established. WHEREAS, the Town Of Estes Park has determined to construct a restroom at the Stanley Park Fairgrounds to meet the Americans with Disabilities Act requirements, that the 1996 budget needs to be supplemented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. THAT the Light and Power Fund transfer to the Community Reinvestment Fund a loan of approximately $587,525 to be repaid from the future excess Tabor Funds. The loan will earn interest at the average rate of return from other Town investments. 2. THAT the Community Reinvestment Fund 1996 Budget be increased from $997,338 to $1,303,648. Source of funds will be the loan from the Light and Power Fund. 3. THAT the park Entrance Estates S.I.D. #95-1 Fund -be increased from $-0- to $440,000. Source of funds will be the S.I.D. bond proceeds and assessment collections. 4. THAT the S.I.D. #95-1 Debt Service Fund budget be established at $3,300. The capitalized interest from the S.I.D. bond sale will be the source of funds. 5. THAT the Special Events Fund 1996 Budget be increased from $469,360 to $544,360. Source of funds is the beginning fund balance. ADOPTED this 28th day of May 1996. ATTEST: Mayor Deputy Town Clerk . AMERICAN 9 CANCER f SOCIETYÂ® COLORADO DIVISION, INC., LARIMER COUNTY UNIT RECEIVED JAN 3 1 1995 ADMIN. DEPT January 26, 1996 Dear Friend: 3Tlieputing to consider the Estes Park smoking policy has been rescheduled to FriÂ¥Gy, February 9, 199*lt 7:45 AM. It will be held at the Hondius Room of the Estes ~rk Public Library. 3jj,E. Elkhorn. A continental breaktast will be served. Please join us and feel free to invite other interested people. RSVP by Wâ‚¬tlnesday, February 7, 1996 by calling Lois Muehlbauer at 586- 3159 or Barb Wahl at 586-2077. X~~ Sincerely, Linda Stennette Volunteer Chairman of the Board ~ Rocky Mountain Division j --177"trk/wl_ AA<l\ -=M V'v t' I i 7 *ir'Jee-64 -TFE- -t'~t, M.u.*l Â») . 344 EAST FOOTHILLS PARKWAY, #2E, FORT COLLINS, CO 80525 970/226-0148 PUBLIC MEETING TO CONSIDER ESTES PARK SMOKING POLICY February 9, 1996 AGENDA 7:30 AM Refreshments 7:45 Welcome - Katie Speer 8:00 Smoking as a public health problem Barbara Wahl, PHN 8:10 Other communities' responses to the problem Ann Watson, Larimer County Health Educator 8:20 Tobacco and Youth, Sales survey results Nancy Mayer, ASSIRT Project Coordinator 8:30 Estes Park procedures for adopting ordinances Katie Speer, Retired Cooperative Extension Advisor 8:35 Discussion on Estes Park's possible courses of action 9:00 Adjourn .... I.' & ... ' Municipalities and Tobacco La- Enforcement by Arnold Levinson routinely ignored Throughout enewed publlc concerns Colorado, compliance checks con- *, _.â€¢gr<3013â‚¬ermsÂ·] about the well-known ducted by the Colorado ASSIST dangers of tobacco have Program have repeatedly found ia 0 0~fi tiftdlbaeâ‚¬(54 recently prompted a num- clerks selling cigarettes to minors. *17'..9%*'3: 2,1--11.- 77..~f: 4,;1 ber of Colorado municipalities to In 1989, 1991, 1994, and 1995, ille- . 1.(- 1 /14%6* - 44 ..... liatail adopt or strengthen ordinances to gal sales rates ranged from 25 per- 3*zbâ‚¬:43ijAi~L. 2 %Â·jf.*â€¢f,i)Â·~2.- *2 keep cigarettes out ofkids' hands . 4 ...9* r :1 cent to 55 percent, with no clear i ,-,fzgtle#o:Â·L. 'C.-1 _ 41'â€¢*'7â€¢f-f-~:Â·3 and keep shared air free of tobacco downward trend. 15|In U n[Elemajilitlesil smoke. The problem is even worse with At first glance, these trailblazers vending machines, where compli- appear to share little in common. ance checks show kids obtain ciga- 0*wpass 1,0%612Â¥Â¥Si Ranging in size from Denver to rettes 85 percent to 100 percent of . ' Woodland Park, and in political lean- the time. 1ngs from Boulder to Colorado ~ Not just bearded 17-year- ..2,1-.14*:.:c.,...Af>.:'29*7*I;Metyl Springs, they were moved 'â€¢'50;m*.PIX olds make these buys- **Un kids as young as 8 i .riC|;23[elle 5, coalitions, private citi- Â»:.2,3<.f vwy readily get cigarettes l;th*bil iijif5 zens, municipal staff, ~0'~2'071'. ta from clerks and +. or council members. WÂ¥ ./.81':,t.= . Â¥4 vending machines. But together these Ul -Cv.'Ak .--â€¢i~ ~ ~. Last year in Colorado Zlli liah d-5-2 municipalities appear Il /<,...,#mâ€žp â€ž ./816k #t# Springs, Denver, ~ . to be setting the pace ~~ Durango, Grand in a trend that seems ~,~,g,t' Junction, Larimer likely to continue as long,<Â£Â¥*.,i,1,*er.j/* County, and Pueblo, clerks as the public sees a need for --â€¢*U.4*Â·*-sold to 14- and 15-year-olds better protection from tobacco. one-third of the time. Even 12- and Here's a look at the issues being 13-year-olds could buy 17 percent addressed and the policies being of the time. The compliance tests found ele- Arnold Levinson is a consultant adopted. to the Colorado ASSIST Program to C\garettes and kids vated illegal sales rates where clerks did not ask for IDs and twice as prevent tobacco use, cosponsored Colorado statutes prohibit fur- many illegal sales where customers by the American Cancer nishing cigarettes or other tobacco could bring cigarettes to the counter Society-Colorado Division and the products to minors (C.R.S. 18-13- Colorado Department of Public rather than needing clerk assistance. 121, rev. 1991). But since the law Health and Environment. continued on page 19 was adopted in 1987, it has been 18 Colorado Municipalities January-February 1996 continued from page 18 Earlier this year, Colorado Springs , Omnibus legislation. Woodland This widespread laxity comes at a became the first Colorado munici- Park is the first Colorado municipal- time when Colorado youth smoking pality to ban tobacco vending ity to issue tobacco sales licenses, rates are on the rise, and amid well- machines from places open to with suspension or revocation possi- established knowledge that addicted minors. A community health coali- ble for illegal sales. The city's mea- smokers almost always started tion raised the issue and negotiated sure, introduced by a city council smoking as kids, not as adults. At a compromise with a vending member who coaches high school today's teen smoking rates, more machine operator to let machines sports, also makes store owners and Colorado kids will eventually die remain in managers liable for illegal sales by ' %Â« ./ . I e from tobacco than from gang vio- .~*4940-it77~J~*:1329:4~Â· clerks (an area not addressed by the lence, suicide, homicide, hard 4#73 -#)0.~~~<FQ 4-. state law), makes tobacco posses- drugs, alcohol, traffic acci- .2 7 4; e-f *6 ~Â» e ~-',"~6~9' <-: 27%:v sion oruse byaminor illegal, dents, AIDS and fires *+ r : 4? 9 *;PÂ·-2 .*1*ff;4>*<Â¥,h.9.-r . a . 1> /4% requires tobacco clerks to be IN combined. 49 3Â·lf Oak ./ 3% at least 18 years old, and *12Â·Â·'t. r , ,~ ~ f/ ~~2 E * Almost no one .jpt. -3 - 4/ ~,e,Â£Â¢Yth 1 bans tobacco sales argues with the te A ..%, within 100 feet of need to protect 16: - ,:102 4â‚¬4~94'/ 1 *i *4 9 1 ~44 r; 3*, 1. }3%Â¢ ~ uU+ 4, - 3 4. schools and other r i . r ..$:2/ 1.*E ....> minors from 25-,Â«41 Fy....9111 r .SL.#P? 44. i'2%~Â·L'>. V A 4 youth-oriented tobacco. Local .,1015 40 ' 7.4 1/.1.Jf f.121 21*,0, .Ut.. 1 4 3Â¢ facilities. support for 16 3 147 .Pihe /6.'â€ž., 'â€¢Â¥Â·.. ' .k,52-4/ Â¢ 1(Â¥U 92,59.. Â· 6- 61&-li Denver's law, policy mea- f â‚¬ 0,Â¢ cÂ¥ 1.2 i developed by sures in this :093Â· ?34 t~.5.3 %Â· its public -.0.-,Â¥>f 07 9 12 42 L. * 4 7-... Â· 6~ health agency area is gen- 1 Â·t], - 9.94 erally high 90â‚¬i. 40,5 f - t -#' with input .r" 2914'.9&. Bit and occa- .3 Y:h -/Cl iN/ff* Colorado sional 4/7.-Â¢:.:16. . 4' -tÂ· *11Â· from the It i> Â· .6 opposition 94'; i A. from the 343)F 7.1 ..k; 44. &5 + 4. tf requires cus- statewide 4341: ./ t 42 et, : 24- tomers to pre- Colorado - - 11*, X 444'. '1.... - (= f dÂ·Â·' *tr sent photo ID, Retail Council 3.7-5:~ '24.'.74 9.i. 0 . . . 3.lis .1. 40 , .: .El I U *4Â· ' 7/ .*%36 .2%:43# ly .regulates self-ser- hasn't dissuaded 2-,1 ,.444 41 -6 1,, 2 ., 6 :#l :2Â¢ vice and vending- Councils from vot- ''0 *.t ; a~t, ' ~'Ar,~Â»~.1 *I,{f machine sales, . - 1: i .% n. K ing unanimously in Â·44 4 9 . 4 94. r 22Â¢ 9 - Vi.;57/- makes business own- favor of stricter poli- :,p,Â·VÂ¥ ers liable for illegal sales 0t : / cies. I â€¢Â«35. : fr .,-â„¢d~* Btli.,.. 4 V.Â£* ... 13,451:412.-r.Afvi ..1'r. r -104#: if they haven't taken certain The new local policy mea- :/,2,7 - 8. ' Al: tte (q. . preventive measures, makes .' sures employ a wide variety of 9~. ' 221'22*4,(z tobacco possession or use by a Â·-F .- $ 4 :716.44Â· 4.46 strategies, including tobacco sales ..1...~E':ent. .,-6.0 Â¢ i K *- minor illegal, bans sales of single licenses, vending machine regula- bars, cigarettes from an opened pack tionst vicarious liability for illegal adult entertainment establishments, (kids call them "loosies"), and sales, tobacco sales bans near youth- and businesses that don't allow or requires posting of certain signs. oriented facilities, mandatory photo employ minors. City council unani- The measure was unanimously ID checks, mandatory clerk assis- mously adopted the ordinance. Since adopted in December. tance of sales, banned sales of single then, Boulder has adopted a similar Loveland's law, initiated by a cigarettes, signage, and other policy, and Denver and Loveland police sergeant and adopted unani- approaches. Here are some of the have included vending machine reg- mously in December, is the first in highlights: ulations as part of their new Colorado to ban self-service dis- â€¢ No vending machine sales of omnibus youth-access-to-tobacco plays of tobacco products. It also ~ tobacco where kids have access. nneasures. continued on page 20 January-February 1996 Colorado Municipalities 19 7%'TE'-a~ 4 ve"A .2 '2"5~-21:Â·-Gly#Z.Â»2'*emT)/Fr).F 0 Â· *-9.-*4'....614-56.--:0 Â·Â·ti:1212&&Â©AÂ·w'L,-LA*.*L:j."*"3..444//b-#Â£'-A;~ continued from page 19 gies such as mail-outs of free ciga- first U.S. municipalities to consider prohibits minors from handling rettes and awards of youth-oriented regulating cigarette advertising, on tobacco sales, bans vending machine merchandise. But tobacco advertis- the basis that it entices minors to tobacco sales where minors are ing has been virtually unregulated, break the law by buying cigarettes. allowed, and makes tobacco posses- in part because of First Amendment The regulatory approach would be sion or use by a minor illegal. issues and in part because the fed- similar to that used for stocks and â€¢ Regulated advertising. eral tobacco warning-label act pre- bonds: only black and white text Numerous studies have shown youth empts states from regulating ciga- would be allowed (no color or illus- are attracted to smoking by cartoon rette advertising for health reasons. trations), and information would be camels and other promotional strate- Snowmass Village is among the limited to brand name, price, ingre- dients and a few other topics. Some legal scholars have said the entice- ment theory could succeed as a way Colorado Code Publishing Company around federal preemption, but it has not yet been tested in the courts. * Code Publishing * Supplemention of All Codes The tobacco industry has promised a PC applications included Reasonable rates, prompt service legal challenge if Snowmass Village When you want Colorado experience Eor accurate code goes forward, and although the publication and supplementation, call us. You will be council tookup the issue more than satisfied with the quality and timeliness of our service. a year ago, no ordinance has been introduced. 305 West Magnolia, Suite 382, Fort Collins, CO 80521 (970) 498-9229 o (800) 352-9229 â€¢ No possession or use by minors. This issue was debated without Call for more information. action last year in the state Legislature. Meanwhile, Glenwood Springs became the first Colorado municipality to outlaw minors' pos- session or use of tobacco. Northglenn has followed suit, and ~ ~ Woodland Park, Denver, and Loveland include the approach as We're the Financial Institution part of their omnibus laws. Although That Every Expert Administrator 20 states have statutes addressing this issue, the approach is oppdsed Should Know About by tobacco prevention advocates, When ir comes to em- quirement andno monthlyser- including the National Institute of ployee administration, we vice charge. And our NO AN- Medicine. Opponents raise these know you're an expert. And so NUAL FEE VISA credit cards arguments: do the employees you interact with some ofthe lowest rates in â€¢ The approach criminalizes with each day. the nation. unhealthy behavior, which is less That's why we'd like to Colorado State Employ- remifid you of the financial in- ees Credit Union is definitely effective than teaching healthy Stitution that's designed espe- part of your employees' ben- behavior. cially for them. Colorado State efits package you don't want â€¢ It "plays keepaway" with kids Employees Credit Union. them to pass up. For more and makes tobacco a more attractive Wesavewhatyouremploy- information, contact the "forbidden fruit." ees work hard for each day by CSECU Marketing Depart- offering lower interest rates on ment at 832-4816 or 1-800- â€¢ It reinforces the notion that loans and low or non-existent 444-4816. smoking is an acceptable adult fees on other products and ser- choice. vices. Like a checking account GEN NCUA â€¢ Kids who break the law to with no minimum balance re- continued on page 21 20 Colorado Municipalities january-February 1996 . 4. .,ic, 4..32 2:--~ , 41*.2." 4 "El.â‚¬34~4~41- FGViF I 1 -r-U. continued from page 20 nally established a $10 annual supermarket where minors working smoke lose respect for the law in license fee, the city has decided not as grocery baggers occasionally general. to charge the fee in order to reduce handle tobacco sales while filling in â€¢ It diverts enforcement attention the burden on the businesses. for adult check-out clerks. away from the real culprits-mer- City staff report that merchants Enforcement has been incorporated chants who illegally sell tobacco to are very cooperative with the new into existing semi-annual liquor and kids and tobacco advertising to law, the only concern arising in a continued on page 22 minors. Proponents of such laws in Colorado offer these counter-argu- ments: Â© MEURER & â€¢ Enforcement shouldn't be lim- ASSGIATES ited to catching kids in the act of CONSULTING ENGINEERS buying cigarettes. " â€¢ Kids get mixed messages if they 'Practical solutions meeting your goals. can't buy cigarettes but are not O Municipal Services O Structures penalized for carrying or smoking o Water Systems o Construction Services them. O Wastewater Systems O Operational Assistance â€¢ Letting kids smoke without o Infrastructure Rehabilitation o CADD Mapping penalty undermines the state's new tobacco-free school law and subjects 143 UNION BOULEVARD O SUITE 600 0 LAKEWOOD, CO 80228 school neighbors and businesses to (303) 985-3636 FAX (303) 985-3800 congregations of smoking teens. â€¢ It gives parents another incen- tive to keep kids from using tobacco. â€¢ It's a valid component of omnibus policies to reduce youth It All Ad* Up to Something More access to tobacco. . 4.Â·â‚¬- 4 â€¢ It strengthens the case for han- :F I . 7,4 Â·Â·Â· , 4 1.9 retirement program from the dling tobacco sales like alcohol ICMA Retirement Corporation offers... sales; i.e., with licensing and regu- ...El/TRYIHING you want in a retirement p|an tar, strict enforcement. + c â€¢ a wide spectrum of investment options including brand name Implementing laws mutual AInds* Most municipalities with new . state-of-the-art recordkeeping featuring daily valuation youth-protection-from-tobacco ordi- . hill-service plan administration nances are phasing in implementa- â€¢ telephone transfer and reallocation capabilities tion slowly and gently. Although the i ...and MORE Colorado experience is still limited, â€¢ unmatched service and technical expertise i here are some examples of the â€¢ comprehensive participant communications Â·<4Â·Â· approaches being used: Woodland Park's tobacco dealers â€¢ independent, non-profit organization 49 .-fe'l~@ license, to date the only one in â€¢ provider exclusively to the public sector Colorado, is handled by the revenue department. Two employees hand- Discover how an RC plan can be a real plus delivered copies of the ordinance to for you and your employees. the city's 12 tobacco dealers, Call today at 1 -800-700-4401. Auâ€¢ explained it, and answered ques- tions. Although the ordinance origi- ' Securifies available through ICMA-RC Services inc., member NASD & SIPC, a who/4 owned broker-dealer subsidiary of the /CMA Rehrement Corporation. lanuary-February 1996 Colorado Municipalities 21 Wi:Mpirr~'&1--~r,7'-192~"7,4. t.'1''llke:,AF,Ikk'"W . 14.1%1211*, R.-J . '.4, C , '.; . 6 - 1.F' 1...c- t.,40,1 8.71 :41 2, 4 5, U. Â· 1:ik 2 123 continued from page 21 police say they will cite violators. and other businesses with food oper- tobacco compliance checks con- The police department has promised ations). Informal observations indi- ducted by police. No information is a report to city council on the law's cate that most places are complying available yet 6n whether illegal effectiveness after the first year of with the new law. tobacco sales to minors have been implementation. Public protection reduced. Colorado Springs city attorneys The city's ban on youth posses- notified all businesses by mail about Colorado's "Control of Smoking" sion/use of tobacco is being slowly the new ordinance, which limits statute (C.R.S. 25-13-101 to 105), implemented, as planned. The vending machine tobacco sales to enacted in 1977, was amended last administration met with the teen year to prohibit the use of tobacco court and municipal court judges, 44*: 4%,-6144, ...33,Â·*86>laa,31Â£'#t'*4'*g products onallschoolproperty, with who expressed strong support for 14;4*ii.CE:1#.3%9#*1**3*f~*-0.4, school boards authorized to exempt the new law. Police then began MIL(ii*dthet,wi *4 : ~ any school showing "extraordinary approaching groups of teenagers f: 0-"~~,ivv.... '. 447*b~*-~*t#5 4*FL e. 9. circumstances." (A 1995 survey who were smoking and educated 'El*jlitet 4.4/litiej)&*luilib~EL found that 17 percent of Colorado them about the new law. After sev- f*tt73%#44% deÂ¥*5 ~dillirst:/4$ school districts reported some or all eral months, the first citation was Â· *a, e.*â€¢7 4- . e,41,32-e:. ti~* of their schools had exemptions, issued in November and is expected while another 7 percent of districts ' 1*:11{lig'*#/Rb:~4#19 Â¥ - 54 9/1 k ' 0 M1W*. -0, :â‚¬,fâ€ž.M t.&* 1 .1 to reach court soon, when the i . TE * _07' tâ€ž* 12 47 2* '~:44 reported they were not m compli- court's intentions regarding conse- #mieltliam:*6Â¥, el ance with the law) The General quences will become apparent. Assembly also prohibited smoking Glenwood Springs, with the k.*731~13~4=92*112044, i:*' in state legislative buildings except state's oldest ban on youth posses- 40:41*#;~**t:f in designated areas. sion/use of tobacco, has for almost a ,*46*its,@+b ituflf . Except for schools, the Control of year now been issuing citations to *12â‚¬8*Der[0â‚¬1* 3 1 Smoking statute is relatively weak teens caught with tobacco. Parents, x~*523*,%*?*5*9*3'52% 4443 but expressly authorizes local gov- who are required to accompany emments to adopt more stringent i teens cited to court, have generally ArÂ»1'01-, -i=-6-*~gâ€¢>9â€¢Â·"ML<9:41 7 laws. To date, 32 municipalities and 1 been surprised by the stiff fines 1%Â¥i,fra<J 41 â‚¬ #*:144 2>.1 4-iN *4*Â·- eight counties have done so, repre- imposed by the local judge-in the 7&#1*11!it~~fifti(i:A t.;%9 senting more than 70 percent of VW, 1. '.'2. $100 to $300 range. Police report Of'; '-Â·.,34*4~-r-3;fEW.6:34 -/,-Â·':., Colorado residents. The first wave that some parents are angered, while <*F 4- It -Ihia:*442~0fgri*. r ...... of these local laws came in the late LOOaCCO, tip. 4&.Pr : others are pleased with the city's 1980s, led by a Fort Collins ordi- t-ZE=,.,1 ...r 4/44&# 1 ' nance enacted in 1984. support for their efforts to keep their children from smoking. No formal More recently, federal and other displlits -* 39;0 study has been conducted, but police . .~a 4 scientific reports have increased I . - tell of kids who were cited and later public concern about the health haz- expressed gratitude for the wake-up areas off-limits to minors. As of ard of "sidestream" smoke off the call to quit smoking. December, local health department burning end of cigarettes. As a Loveland police have given mer- staff report that only one business result, a number of municipalities, chants a six-month grace period in had raised an issue that was quickly including Denver, Boulder, which to eliminate self-service resolved, namely where a vending Westminster, Lakewood, tobacco displays and move the prod- machine could be placed if people Northglenn, and Woodland Park, ucts into locked cases or behind under 18 were elsewhere in the have adopted or strengthened ordi- counters for clerk-assisted service. building. County environmental nances to protect citizens from sec- Minors caught with tobacco will enforcement staff are currently col- ondhand smoke. receive only warnings for a few lecting compliance data in areas Denver's revised ordinance is one ~ months. After the grace periods, they ordinarily inspect (restaurants of the most protective among major 1 22 Colorado Municipalities January-February 1996 U.S. cities. It limits smoking to in smoking areas; issues have been will be among the more popular enclosed, separately ventilated raised over unequal numbers of pool strategies. Licensing of tobacco rooms in most private work places, tables or the absence of a bar in sales will become part of some public places, outdoor and indoor non-smoking areas. An issue has municipal codes. sports and entertainment facilities, also cropped up in a few Alcoholics â€¢ A state bill might be introduced and many other places. To increase Anonymous meetings that allow to address a facet of youth access to compliance, the city and the smoking, and AA is considering pro- tobacco, and pre-emption of local Colorado Department of Public viding a "break-out" room to let authority might be proposed. The Health and Environment distributed smokers and non-smokers separate. tobacco industry, which has publicly 5,000 educational brochures to busi- Three bars are trying to resist the acknowledged vulnerability on the nesses, explaining the law and how new law, officers say, and one issue of youth access, has recently to comply. owner who was cited has requested pursued preemptive measures in Also of interest is Boulder's law, a jury trial. Meanwhile, some busi- several states. which was recently revised to nesses have successfully created TWo safe bets: More than three- become the state's most comprehen- smoking and non-smoking areas. fourths of Colorado adults will sive public smoking ordinance. As Others that have gone smoke-free remain nonsmokers and will want first proposed by city council in the report no significant loss of busi- better protection from secondhand fall, the revised ordinance would ness, and a few new patrons have smoke, especial19 at work. And have prohibited smoking in public reportedly come from other cities most smokers and nonsmokers alike places and all work places, includ- for smoke-free entertainment. will want stronger action to keep ing restaurants and bars to protect Local "clear the air" efforts have kids fiona using food and drink workers. Some bar been bolstered by voluntary deci- tobacco. , ,~*:,~Â£~4;~ owners, restaurateurs, and others sions to make nearly 1,900 Colorado UW-;RAA.- * -12 1~29 + .1. financed a referendum on the mea- restaurants smoke-free-more than -20'P,1.9Â»12*144 4, -Uk ~6 12 267 . 4*'Mvt <*,â‚¬;*024Â¥F :. 96&836411. sure, and council repealed it and double the number two years ago. J.A.ts -.1 refeired instead a compromise mea- Rapid change in this area was pro- .34#f-*94'139-:-> sure letting bars and restaurants pelled in part by international have enclosed, separately ventilated corporate decisions to make Jr'YAP< U#955/LIJAM smoking rooms. Municipal voters Wendy's, McDonald's, Taco ,>n, *.Â¥8,74Â¥, 1 1 42tq~ *ALÂ· , approved the measure in November. Bell, and other fast-food # 41*.. 0' 3 11> 01.-t- - . &*0~ Implementation of the new Boulder chains smoke-free. A major rt.' iii 145"r,Â¥4.-Tk> law has been surprisingly smooth, say convenience store chain- :A:Ef ik t*59*â‚¬,6, environmental enforcement officers. Loaf'n' Jug-and a num- yly - t:P -4JM/Zatt: '2* 66. . .2, 2 47: Intensive news covdrage of the issue ber of shopping mails = :. .Â· during the campaign notified virtlially throughout the state have Â¥>.. . '*Â· .ip< _ *f' ' 9/4 all residents of the change, and after also adopted voluntary 523- 0 the election, the enforcement office smoke-free policies. .4....,! 4~ 44: 414 ~rÂ»Â· t..Â·. 4 g received 40-50 calls per week asking 41 . 2 44 '44'. What's next? '7...a:.. rt -2.: 1,; *: 1%-141*- what the law meant and how to com- :t , 2,~ .74 i ply with it. The office has produced Predicting the future may 1Â©94 * k 9Â¥~ ~.A..2.-%13* an information sheet for bars and be as dicey as smoking, but 14. . Â· 422,1, '* : ~ r~,;.*c ~ ..61 .#% 4 restaurants, the main sector in which it's much less hazardous to ~1%4~#T<- fâ‚¬.30!â‚¬~ 4 u A **VEL some owners have sought to establish health, so here are a couple of : 2.~Al '' smoking areas. possible scenarios: 'h 1 fr,<4*, ~4. The main challenge& have arisen â€¢ More municipalities will act to Â·- - ds.t>.i>%31?*4.*Â·Â».,Â·. _,-z,49: around a provision of the law that keep cigarettes out of kids' hands. '44<54/17/AstÂ·.4/012>Z2 requires non-smoking areas to Clerk-assisted sales, vending . "--t:Efe,~tÂ·-*:-:il * .f ~Â·'-."~71414 ':tÂ·.82114. A:Â·Â· - t z,SLy)*,~;,ftÂ·-=regÂ·Â·t'%> : include "amenities" equal to those machine regulations, and ID checks 2.,â€ž3'..,lf- ..a... 9.7-~ January-February 1996 Colorado Municipalities 23 tr#F:41 May 23, 1996 Robert Dekker, Mayor Estes Park Town Board of Trustees P.O. Box 1200 Estes Park, CO 80517 Dear Mr. Dekker, The Estes Park Committee For a Tobacco-Free Community wishes to commend the Estes Park Town Board of Trustees for its efforts to protect the health of our children and adolescents by considering an ordinance to control the access of youth to tobacco products. In reviewing the draft of the ordinance which will be presented to the Board, we request that the Board consider adding a provision which, we believe would greatly increase the effectiveness of the proposed ordinance. Our recommendation is to eliminate the sale of tobacco products through self-service displays. This provision would require that all tobacco products be positioned in a manner that would require the customer to obtain the assistance of a clerk to procure the product. I have included some background information which explains the rationale for this provision. Research supports the committee's belief that this is the single most important component to be included in a "youth access" ordinance. The ordinance would also be improved by prohibiting the sale of tobacco products by persons under the age of 18. This is similar to alcohol laws in which persons who are not allowed to use the product are also not allowed to sell it. The Estes Park Committee is a group of citizens including parents, health professionals, volunteers, business people and retired persons which was formed in November, 1995 because of concerns regarding the deleterious effects of tobacco on the residents and citizens of Estes Park. The committee has given careful consideration and study to this problem before reaching its conclusions regarding a youth access ordinance. The committee respectfully requests that the Town Board consider these recommendations in its consideration of the youth access ordinance. Sincerely, V Catherine Speer, Chairman Estes Park Committee For a Tobacco-Free Community ce: Gary Klaphake ..2 2 0 19 - 11 M. Â£ â‚¬ g d 8 02 =.2 O * 9 g: ,= &42 ~EZ 2 SG 6-5 :5 -= .u 5 2~ aÂ· ~ 5 -=, 3 R = t a. m -1-2, :R ~ 0.8 8 9 3 18 32 2 0 & .DO -= I = m 1 h 2 - ~' 'â€¢h 1 =04& Al 1~LE"< ca & EX I Â£ .9 2 9 7 6 li f Jii f ifililv 4 ".512 2 4 69 2.~ : - : a. : 5 . 1 Â£ i 6, 2 1 M: w W ; ill f -B: 1 0 ==== . f.: 1 M a 1 -0 -Ri Z = E -2 11 30~35 ag 018 :P= = 1 -M U .Rb : I , i /j" M.'A i '7 1'8~ Ni i d '51'tz -5 .2 1 1 : 1 :i H f Â·i im i 0689 3 9 11 t 9 001:15 M Se@ Ed .0 - .S |to 18 8 .30 S 2 91:N Ef: 43 â€¢19 % P 1, i Ri 4 2 8 firjuil=Hhh a laTI a n .2 1 8 c e . S E = 66 El E U o M E 0 E 0 : 1 Â»01 9,) S & 3/= 4 -= 9 - ..# $ A.9 0. EN o U (4 U I 1 & .1 &.9 60 eC U . 1,1 1. 1 =- M u 2 5 E I M'6.0 5 bl S m .0, 0 0 1 1 1 ~ d G f .1 2 2 02- -3 s U E-% 0 4.e - 19 31= 9 . e . >. 0 5 .4 f 8 : 133 Smoking is prohibited in all buildings except taverns. and any other Smoking is prohibited in all places of work. Vending Machines - Pro ited except at non- (whemm~bpl;~~~o,Z:~5', i.e. blic places of work where minors are not separa ish tobacco products to anyone under age public buildings, All employers must establish a written No-smoking areas are encouraged in private mued,s g Arp 4013 ..uy ods - uoile'oiA 'p@Solou@ 11! U! Pm,q!403d Â·PO]!Q'tioid s! Sioulm m oiES - OO3rqm Jo AES p[!nq 0!1qnd Ile U! Poliqlqold s! Suplouls ide a smoke-fre rmitted access. of bea care tablishments with the following exceptions: smoking policy which prohibils smo areas such as hotel rooms, meeting meeting el lobbies, pital rooms, psy bacco sales res - acilities. No counseling fa 11 Â¥51nboi 5110!S ei@MOUJS Aq 4@Alsnpx@ poidnooo soowo 54-i 210001 ]Sal 'Sle]EA@p @SU@JJO 'SWOO. Sup@@ul 'sgoeld o qnd -oug 0059 + UO[ltio,A Se@le 03 EAPI om saim"tu meAud ]EUimp SE,le SUPIOILIS-UOU 'SlmEAM@ pannboi sus!.S ' 10910 u!/A -UOO SE nets,1 E melÂ®sop Kelli 9121]mO Â·SJOXOIduto -024-93!OUE ENE @111 10 Ile 10 AUE @lutt COMPARISON OF SMOKING ORDINANCES FROM SELECTED AREAS used fo a eas must be p rov ed In ca eterias an Rte' 10 %05 1 Sul 1 --SE@JE 90!1011[S XE[0 1000 21!ma .0 *A=Pr: 94 21,u isop Keut sgdoidula -s@Sunoi E UgA K ]Eled, SI E @q Keul ANPOUJ U! ijeds loou :SE,Fir,q- ponqs son!1! 09 LOCATION PUBLIC PLACES WORKPLACES ]Suic 91:!1=21 ]01 Xetlt SlEf2*!i--322 *S.140[US 2 Z JI 'Suplotus 00 @q isnut @Sunol StOle 110/8 24-@JIOUiS 20!:sanboi O[US X Xi Aisniox@ Poidnooo SE@JE SUDiOUE-UOU qglqEISO JO Stm[Otus 00. 4!nog emup tstnESE palE!1/0.1 SE@JE be smoke-free. Smoking ns required. rohibited in public taxicabs, busses etc. 001 poe Sang!04 alto 44 ESTES PARK LAW CONCERNING TOBACCO PRODUCTS AND YOUTH WHY DOES ESTES PARK NEED A YOUTH ACCESS TOBACCO LAW? "Smoking is a pediatric disease," said Dr. David Kessler, FDA Commissioner. President Clinton called the evidence "overwhelming" that tobacco was "harmful, highly addictive and aggressively marketed to young people." The time to act is now, he said, to avoid "condemning another generation of Americans to fight a difficult and grueling personal battle with an addiction that will cost millions of them their lives. " The president has proposed a number of actions to control the sale and distribution of tobacco products to children and adolescents. These are as follows: REDUCE ACCESS TO TOBACCO â€¢ Require all sales of tobacco products to be transacted person-to-person. â€¢ Eliminate cigarette vending machines, self-service displays, free samples, single cigarettes and "kiddie packs", and mail-order sales. â€¢ Require all retailers to verify customer's age to be at least 18 years old. WHY IS IT IMPORTANT TO REDUCE ACCESS? Most smokers begin smoking during childhood and adolescence. â€¢ If people do not begin to use tobacco as youngsters, they are highly unlikely to begin smoking as adults. Eighty-nine percent of adult smokers began by age 18; 16 % began by age 12; 37% by age 14, and 62% by age 16. â€¢ Three thousand (3000) young people become regular smokers every day. Most of the smokers who replace those who quit or die prematurely from smoking-related disease are children or teens. Almost 1000 of those 3000 young smokers will die of tobacco-related disease. In Colorado 40 children begin smoking every day, a total of 15,000 each year. â€¢ In 1993, 29.9% of the nation's high school seniors were current smokers (they had smoked within the past 30 days and 19% smoked daily). Among high school seniors, 10.7% were using smokeless tobacco and 3.3 % were doing so daily. â€¢ The average teen smoker starts smoking at age 13 and becomes a daily smoker by age 14.5. â€¢ Almost 75 % of daily smokers in high school still smoke 7 to 9 years later, even though only 5 % had thought they would definitely be smoking 5 years later. â€¢ In 1992, approximately two-thirds of adolescent smokers reported that they wanted to quit smoking, and 70% indicated that they would not have started smoking if they could choose again. MORE CHILDREN ARE BEGINNING JO SMOKE â€¢ Smoking among teens of all ages increased from 1991 - 1994. In 1991, 14.3 % of eighth- graders smoked in the past 30 days compared to 18.6% in 1994. Nine percent of them smoked daily. Tenth grade smokers increased 22% since 1991 to a total of 25.4%; and 31.2% of high school seniors smokpd in the past 30 days in 1994, an increase of 12% since 1991. â€¢ Between 1970 and 1986, the use of snuff (spit tobacco) increased 15 times and the use of chewing tobacco 4 times among males aged 17 - 19 years. IT-IS EASY-FOR YOUTHTO-PURCHASE TOBACCO-IN ESTES-PARK.- VENDING MACHINES â€¢ Teenagers were able to purchase cigarettes from vending machines 80% to 100% of the time in sales surveys conducted from 1991 - 1995 in Larimer County. Teenagers were 14 - 16 years old. â€¢ In surveys of sales from vending machines conducted throughout Colorado, 85.2% of the attempts were successful. Young teens and children (age 10 - 13) were successful 100% of the time. â€¢ Vending machines are a favorite source of cigarettes for very young teens (teens under age 14). RETAIL SALES OF TOBACCO PRODUCTS â€¢ Youth access surveys were conducted by the Larimer County Department of Health and Environment for the past 6 years in Loveland, Fort Collins, and Estes Park. Teens aged 14 - 17 were successful in purchase attempts from 11% to 84 % of the time (average 33.2%). In Estes Park, 33.3 % of attempts were seccessful. â€¢ In surveys conducted throughout Colorado, 37.4% of the attempts were successful. SELF-SERVE VS. CLERK-ASSISTED SALES â€¢ Teenagers say that having to ask a clerk for cigarettes is a powerful disincentive. In Colorado surveys, purchase attempts by teens were successful 22.8 % of the time when cigarettes were clerk-serve only. 0 Eliminating self-serve cigarette sales is an effective deterrent to shop-lifting. â€¢ When teenagers were asked to show age-identification, only 7.7% of purchase attempts were successful (Colorado surveys). CALIFORNIA CITIES REDUCED SALES OF TOBACCO TO MINORS BY ADOPTING REGULATIONS WHICH PROHIBITED SALES FROM VENDING MACHINES, ELIMINATED SELF-SERVICE SALES, AND REQUIRED THAT TOBACCO SALES CLERKS BE ADULTS. â€¢ Examples of reduced sales to minors in 19 California cities: -Naph sales to teens dropped from 50 % successful attempts to 9%. -Tiberon - 62 % successful attempts to 0. -San Anselmo - 73 % successful attempts to 8%. . ESTES PARK COMMITTEE FOR A TOBACCO-FREE COMMUNITY Recommended addition of a provision to the proposed ordinance concerning the regulation of tobacco products by minors. Our recommendation: ELIMINATE SELF-SERVICE DISPLAYS AND REQUIRE, CLERK ASSISTANCE TO PURCHASE TOBACCO PRODUCTS FOR ALL RETAIL BUSINESSES Why it is important to ban self-service sales to protect youth? To reduce tobacco use by minors, regulations which restrict youth access to tobacco products is of prime importance. One of the most effective strategies has been to enact local ordinances which eliminate self-service displays. An approach which is comprehensive in nature has produced the best results. An environment that allows self-service does not reinforce the message that sale of tobacco products to minors is unacceptable. Other cities in Larimer County including Loveland and Fort Collins have included a self-service provision in their ordinances. Including this provision in the Estes Park law would send a -consistent message to youth. Regulating the retail sale of tobacco by eliminating self- service helps the retailer in complying with the law. It spreads the responsibility for protecting youth to government, law enforcement, and the business community. Eliminating self-service of tobacco products is the most effective single approach for reducing youth access to tobacco. How do self-service displays contribute to minor's obtaining tobacco products? 1. Self-service displays facilitate shoplifting. -Up to 44 % of adolescent smokers (ages 14 - 15) admitted to stealing cigarettes. -Grocery retailers report that cigarettes are the item most often stolen. -Store managers report losing an estimated $1200 per year due to tobacco shoplifting. -A total of over 9 % of adolescent smokers (who are in school) report that shoplifting is their primary means of obtaining cigarettes. This figure would likely be much higher if out-of-school youth were counted. 2. Self-service displays makes it easier for minors to purchase tobacco. -Clerks are not reminded to ask for identification when tobacco products are obtained from self-service displays. Stores that sold through self-service asked minors for identification 32 % of the time; those without self-service asked for identification 56 % of the time. -Self-service displays offer no deterrent for underage tobacco buyers who might be intimidated by a sales clerk. -Stores that did not sell tobacco products through self-service displays were less likely to sell to minors (12.8%) versus self-service stores where minors could purchase 31 % of the time. Why do some retailers oppose regulations to eliminate self-service displays? 1. They fear that they will lose business because customers will be inconvenienced. In fact, most adult smokers are addicted to tobacco and will not be deterred from buying the products regardless of how they are merchandized. 1 2. They claim they willlose money from slotting fees (promotional fees paid for placement of tobacco products in kiosks, counter self-serve displays, open racks and advertising). Tobacco companies spent $6 billion dollars on advertising/promotion in 1993, 84% of which was spent on store-based advertising. One-third was paid as promotional allowances. It is estimated that retailers receive an average of $1500 per year from slotting fees. In Larimer County surveys, most local retailers claim they are unaware of the amount of promotional fees the business receives as the amount is negotiated with the corporate offices and paid to them. In fact, retailers who have moved tobacco products to locations requiring clerk assistance claim that they recovered their losses from shoplifting, and found that marketers of other products such as candy, gum, snacks were willing to pay promotional fees for the counter displays as well. In conclusion, there was - - no-loss in revenues-or profit. 3. Retailers claim that construction costs would occur as a result of retrofitting and modifying existing shelves. In fact, tobacco companies provide storage facilities, behind the counter shelving, locking cases and signage to advertize their products. , - ORDINANCE NO AN ORDINANCE ADOPTING CHAPTER 8.12 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK CONCERNING THE REGULATION OF THE OBTAINING, USE AND POSSESSION OF TOBACCO PRODUCTS BY MINORS WHEREAS, the use of tobacco products is dangerous to human health; and WHEREAS, Colorado law currently prohibits the sale of tobacco products to minors; and WHEREAS, Section 25-14-105, C.R.S., specifically authorizes local regulation of smoking and authorizes local entities to adopt ordinances regarding smoking; and WHEREAS, Section 18-13-121(3), C.R.S., authorizes local authorities to impose requirements regarding the purchase of tobacco products by minors; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that this ordinance pertains to and is in the furtherance of the health, welfare and safety of the citizens of the Town of Estes Park, particularly those residents under the age of 18. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Title 8 of the Municipal Code of the Town of Estes Park is amended by adding thereto a new Chapter 8.12 to read as follows: Chapter 8.12: POSSESSION AND USE OF TOBACCO PRODUCTS BY MINORS. 8.12.010 Intent: It is the intent of this Chapter to protect the public health, safety and welfare by prohibiting the possession and use of tobacco products by minors and by prohibiting the dissemination and furnishing of tobacco products to minor. 8.12.020 Definitions: As used in this Chapter, the following words or phrases are defined as follows: A. "Minor" means any person under the age of 18. B. "Smoking" means the holding or carrying of a lighted pipe, lighted cigar, or lighted cigarette of any kind and includes the lighting of a pipe, cigar, or cigarette of any kind. . C. "Tobacco Products" means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco. 8.12.030 Unlawful Possession or Use of Tobacco Products bv Minors: A. It shall be unlawful for any minor to possess any tobacco products. B. It shall be unlawful_for_any_ minor _to-consume-or-use r- --- - either-by smoking, ingesting, absorbing, or chewing, any tobacco product. C. It shall be unlawful for any minor to purchase, obtain or attempt to purchase or obtain any tobacco product by misrepresenta- tion of age or by any other method. D. It shall be rebuttably presumed that the substance within a package or container is a tobacco product if the package or container has affixed to it a label which identifies the package or container as containing a tobacco product. 8.12.040 Unlawful Furnishing of Tobacco Products to Minors: A. It shall be unlawful for any person to knowingly furnish to any minor, by gift, sale, or any other means, any tobacco product. B. It shall be an affirmative defense to a prosecution under this section that the person furnishing the tobacco product was presented with and reasonably relied upon a document which identified the minor receiving the tobacco product ,as being eighteen years of age or older. 8.12.050 Vending Machines: A. It shall be unlawful for any person to sell or offer to sell cigarettes or tobacco products by use of a vending machine or other coin-operated machine; except that cigarettes may be sold at retail through vending machines only in: (I) Factories, businesses, offices or other places not open to the general public; (II) Places to which minors are not permitted access; or (III) (A) Places where the vending machine is under the director supervision of the owner of the establishment or an adult employee of the owner, including but not limited to, establishments holding a valid liquor license issued pursuant to Article 47 of Title 12, C.R.S. . (B) . As used in this section, "under direct supervision" means the vending machine shall be in plain vision of the employee or owner during regular business hours. It shall be an affirmative defense to a prosecution under Paragraph (A) that the person selling or offering to sell the tobacco product was presented with and reasonably relied upon a document which identified the person purchasing the tobacco product as being eighteen years of age or older. Section 2. The adoption of 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 , 1996. TOWN OF ESTES PARK 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 , 1996, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of 1996. Town Clerk DR 8439 (12/91) Colorado Department of Revenue APPLICATION FOR A ' Liquor Enforcement Division 1375 Sherman Street Denver, CO 80261 SPECIAL EVENTS PERMIT (303) 866-3741 Â· APPLICATION MUST FIRST BE SUBMITTED TO THE LOCAL LICENSING AUTHORITY (CITY OR COUNTY) AT LEAST THIRTY (30) DAYS PRIOR TO THE EVENT. LIQUOR PERMIT ACCT. NO. Â· PREMISES MUST BE POSTED AT LEAST TEN (10) DAYS BEFORE A HEARING CAN BE HELD. Â· APPROVED APPLICATION MUST BE RECEIVED BY THE LIQUOR EN- DO NOT WRITE IN THIS SPACE FORCEMENT DIVISION AT LEAST TEN (10) DAYS PRIOR TO THE EVENT. Print or typewrite in BLACK INK. - LIABILITY INFORMATION Â· Attach diagram (81/2- x 11- maximum) showing where liquor will be served and COUNTY CITY INDUSTRY TYPE LIABILITY DATE consumed. Â· Attach copy of Certificate of Good Corporate Standing (non-profit) (issued by Secretary of State within last two years). STATE FEE PAID Â· If Political Candidate, attach copies of reports and statements that were filed FERMENTED MALT BEVERAGE MALT, VINOUS & SPIRITUOUS with the Secretary of State. (3.2 BEER ONLY) 45 - 09 LIQUOR 41 - 09 Â· Attach copy of deed, lease, or written permission of owner for use of the premises. Â· Applicant must have Colorado Sales Tax Account (not Tax Exempt Number). (9) $ (9) $ Â· Applicant organization cannot obtain more than 10 Special Event Permits in one calendar year. IN ORDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NON-PROFIT AND ONE OF THE FOLLOWING: (See back for details.) CHECK ONE. & SOCIAL E CHARTERED BRANCH, LODGE or CHAPTER OF A NATIONAL ORGANIZATION OR SOCIETY O FRATERNAL U RELIGIOUS INSTITUTION E PATRIOTIC Â£ PHILANTHROPIC INSTITUTION 2 POLITICAL Â£ CHECK HERE IF APPLICANT IS A POLITICAL CANDIDATE U ATHLETIC U CHECK HERE IF APPLICANT IS A MUNICIPALITY OWNING ARTS FACILITIES TYPE OF SPECIAL EVENT APPUCANT IS APPLYING FOR: Your Local Licensing Authority (city or U FERMENTED MALT BEVERAGE (3.2 Beer) (State Permit Fee - $10.00 per day) county) will indicate the amount of their ~ MALL VINOUS AND SPIRITUOUS LIQUOR (State Permit Fee - $25.00 per day) permit fee. 1. NAME OF APPLICANT ORGANIZATION OR POLITICAL CANDIDATE: Sales Tax # Town of Estes Park 03-02809-000 2. MAILING ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE: 3. ADDRESS OF PLACE TO HAVE SPECIAL EVENT: P. O. Box 1200 225 E. Elkhorn Ave. CITY OR TOWN STATE ZIP CITY OR TOWN STATE ZIP Estes Park CO 80517 Estes Park CO 80517 NAME DATE OF BIRTH HOME ADDRESS (Street, City, State, Zip) PHONE NUMBER 4. PRESJSEC'Y OF ORG. or POLITICAL CANDIDATE: 5. EVENT MANAGER: Gary Klaphake, Town Admin. 2/20/52 1078 Pine Knoll Dr. 970-586-533- 6. HAS APPLICANT ORGANIZATION OR POLITICAL CANDIDATE BEEN 7. IS PREMISES NOW LICENSED UNDER STATE LIQUOR OR BEER CODE? ISSUED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR? ~ NO ~ YES HOW MANY DAYS? 2 ~ NO ~ YES TO WHOM? LIST BELOW THE EXACT DATE(S) FOR WHICH APPLICATION IS BEING MADE FOR PERMIT Date: 6/12/96 Date: Date: Date: Date: Hours: From: 5:00 PÂ· Hours: From: .m. Hours: From: .m. Hours: From: m. Hours: From: To:10: 00 B. To: .m. TO: .m. To: .m. To: OATH OF APPLICANT I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. SIGNATURE: TITLE: DATE: REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the provisions of Title 12, Article 48, C.R.S., as amended. THEREFORE, THIS APPLICATION IS APPROVED. LOCAL LICENSING AUTHORITY (CITY OR COUNTY) SIGNATURE: TITLE: DATE: (Over) EE BUND 1"AMA C L ) 4 1 1 ./ LA49**It#14 ..:.,1 AREAS AVAILABLE Â· FOR TENT PLACEMENT , -/IÂ·t?59'4%Ji'..:r:f,>4't, 'i'. 44.' ji,;:.4'',':.~7..'.:' LIE~. ,:{~Â·j?*:gs v, 6 :Er# s::i~<..,:0?~19*%%%**5*)~~15~c<:4?3%%%38*141 kip{:<~tj~;~..ti~g:;*~~ti{~4&91~R~GINIA}*PR IVEtiiÂ¢Â·:jkh~diAâ‚¬3,~eN?â‚¬*SURN,411 1 1.11 .,2,-:':, ~..10'.27*,2.&}5#36>Z,R*?9*%ditÂ·'Syi:4~%}I<'9~>~94â€¢*1~.*kA.t*L,42~ . 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'. - l ".1=2:wrd'>i:~vÂ·,r#.6::Â·p + 1, 1, 1.1 111 :T: , Â·, r ~ :.....Â·r:::. 4 ,>ily.Â· :1 Â·43,>Â·::i~.imfy,tÂ·#fle'le.~t:â‚¬'ii *~304%*3::.44'~:2*10*,LAAL+914*2.>)%~vr:.9'x:ji), 1,'.,.:.~:~,5%,jj ,~i.;~~ Â·f;P .,.. = .'.:(.'0Â·f 54'4'29'.1 1 1 MUNICIPAL BUILDING ~ ~ 11 tr# 73Â·Â·Â· EAST ELKHORN 64 121:-,41.'b p '4, CML Legislative Box Score Subiect Status (as of Mav 15, 1996) (*means "with Amendments") SUPPORT SB 1 Highway financing. Reinstitutes "Noble bill" allocating portion of state Postponed indefinitely sales tax attributable to motor vehicle and accessory sales for state, county and municipal highways on traditional 60-22-18 distribution formula. SB 13 School crossing guards. Provides immunity from civil liability for school Pending action by crossing guards and sponsoring entities. Gov. * SB 58 Liquor. Restricts reapplication for license within two years of denial Signed by Gov. * when applicant has been denied a license for a site located within 500 feet of the new site. SB 102 Information. Establishes planning process for statewide information Pending action by infrastructure system. Gov. * SB 134 Fireworks Continues state regulation of fireworks by repealing sunset Signed by Gov. date. SB 170 Taxes Allocates portion of state severance tax from severance tax Pending action by { trust fund to specific programs of interest to local governments. Gov. * SB 214 Concealed weapons Authorizes the CBI upon request of police chief or Pending action by sheriff to conduct criminal background checks in connection with local Gov. * issuance of concealed weapons permits. SB 234 Peace officers. Provides some additional flexibility and otherwise Pending action by amends the peace officer training and certification law. Gov. * HB 1016 Pb/ice and fire disability Separates on- and off-duty police and fire Signed by Gov. * pension death and disability awards under state plan to enable officers injured on duty to obtain tax free disability compensation. HB 1026 Petroleum storage tanks. Strengthens state remedial program; removes Pending action by $10,000 deductible for access to state clean-up fund in certain Gov. * circumstances. HB 1061 Elections. Contains numerous election law revisions developed by Pending action by coalition of state, county and municipal election officials. Gov. * HB 1089 Technology. Establishes $20 million technology learning grant and Postponed indefinitely revolving loan program to develop distance and technology assisted learnirjg programs for schools and libraries. (While HB 1089 did not pass. its provisions were amended into SB 197 which did pass.) HB 1090 Workers' compensation. Limits compensation benefits for mental stress Postponed indefinitely related injuries. HB 1108 Appraisals. Clarifies that in condemnation proceedings appraisals Postponed indefinitely ordered by governmental entities are not subject to public release until appraisals ordered by private property owners are also released. A-1 CML Legislative Box Score Subiect Status (as of Mav 15, 1996) (*means "with Amendments") HB 1119 Municipal planning. Allows a municipality at the discretion of its Signed by Gov. * governing body to enter into an intergovernmental agreement with a county for certain joint planning functions. HB 1127 Growth. Establishes program to allocate state funds to relatively poor Postponed indefinitely local governments impacted by regional growth. HB 1238 Workers' compensation. Establishes an increased but exclusive schedule _fpstppned-indefinitely__ ---- -of benefits-for permanent partial-disability. HB 1264 Health insurance. Enables health care alliances or cooperatives to Signed by Gov. * continue to negotiate for lower health insurance rates. HB 1276 Mineral revenues. Modifies distribution of federal mineral lease and state Postponed indefinitely severance tax revenues to local governments. HB 1370 Pensions. Provides for state and local funding and other modifications Pending action by regarding police and fire death and disability programs. Gov.* OPPOSE SB 10 Rights-of-way. Limits authority of local governments to receive Signed by Gov. * compensation for use of rights-of-way and to otherwise tax telecommunication providers. (Amendments reduce some negative impacts.) SB 105 Heating and air conditioning. Establishes state licensing system for Postponed indefinitely HVAC contractors and generally preempts local government regulations. SB 109 Concealed weapons. Liberalizes conditions under which weapons can Postponed indefinitely be carried without a concealed weapons permit. SB 113 Concealed weapons. Requires sheriff to issue concealed weapons Postponed indefinitely permit if minimum state requirements are met. SB 187 Rights-of-way. Restricts authority of local governments to tax Postponed indefinitely telecommunication providers. SB 213 Cigarettes. Preempts municipal regulation and enforcement of Postponed indefinitely purchases and sales to minors and establishes weak statewide program. SB 230 Minimum wages Prohibits local governments from enacting local laws. Pending action by Gov. * HCR 1005 Constitutional amendments. Withdraws SCR 2 enacted in 1995 which Postponed indefinitely refers to the electorate in November 1996 the proposed requirement for 60% voter approval of proposed constitutional amendments. HCR 1007 Taxes Proposed constitutional amendments which would substantially Postponed indefinitely reduce local property taxes and revenues. HB 1039 Concealed weapons permits. Authorizes the CBI to issue concealed Postponed indefinitely weapons permits to retired and honorably discharged peace officers. A-2 CML Legislative Box Score Subiect Status (as of Mav 15, 1996) (*means "with Amendments") HB 1103 Fireworks. Preempts local regulation. Postponed indefinitely HB 1109 Taxes Exempts first $10,000 in valuation of business personal Pending action by property from property taxes otherwise payable to local governments. Gov. * HB 1115 Special districts. Authorizes formation of park and open space districts. Postponed indefinitely HB 1124 Thkings Imposes fact finding process and related requirements on Postponed indefinitely state, municipal and county land use decisions. HB 1150 lakings Establishes state "ombudsman" program and regulatory Postponed indefinitely process to assist property owners in disputes with local governments. HB 1178 Concealed weapons. Requires the CBI to issue concealed weapons Postponed indefinitely permits to any applicant meeting minimum requirements. HB 1224 Alcoholic beverages. Establishes restrictive enforcement procedures Postponed indefinitely which local governments must follow in penalizing businesses for selling alcohol to minors. HB 1227 Alcoholic beverages. Reduces from 25 to 15% of gross income the Postponed indefinitely minimum amount of food sales for a business to qualify for a hotel and restaurant license HB 1234 Electricity. Requires utilities to allow retail wheeling over their facilities. Postponed indefinitely HB 1272 Environment regulations by local governments. Preempts local Postponed indefinitely government regulation of subject areas within the following programs administered by state Department of Public Health and Environment: air quality, water quality, radiation control, hazardous waste, and solid waste HB 1274 Condemnations. Restricts ability of governmental entities to utilize Postponed indefinitely eminent domain. HB 1303 Vested rights. Broadly expands vested property right protections for Pending action by developers while restricting regulatory discretion of local governments. Gov * HB 1305 lakings Allows successful plaintiffs to collect attorneys fees from Postponed indefinitely governmental entities when asserting regulatory takings claims without providing reciprocal awards for successful governmental defendants. HB 1358 Annexation. Allows unilateral enclave annexation only where territory Pending action by surrounding the enclave was previously annexed through petition or Gov. * election; requires actual signature of current land owners on all annexation petitions; and restricts enforceability of pre-annexation agreements where annexation has not been accomplished within ten years of the date of the agreement. HB 1373 Juveniles. Provides for state condemnation of land located within the Postponed indefinitely City and County of Denver for a state juvenile detention facility. HB 1375 Airports. Limits operations of local airport authorities. Postponed indefinitely A-3 S CML Legislative Box Score Subiect Status (as of Mav 15, 1996) (*means "with Amendments") FORMERLy SUPPORTED SB 121 Schools. Clarifies that the "Public School Finance Act of 1994" does Postponed indefinitely not preempt certain local government financial assistance to schools. (CML worked to defeat the bill after a detrimental Senate amendment was adopted.) HB 1117 Jury trials As introduced, eliminates right to jury trial when municipal Signed by Gov. * - - or-county-offense-is-not-punishable-by-imprisonment. (Amendments- - - --- -- eliminated jury provisions of bill which CML had supported.) HB 1315 Recreational lands. Extends immunity from liability protection to private Postponed indefinitely landowners who make their properties available for public use. (CML worked to defeat the bill after a House amendment was adopted restricting local government acquisition of recreational easements.) FORMERLY OPPOSED SB 61 Land use. Imposes restrictions on county land use regulation processes. Pending action by (Amendments substantially modified bill.) Gov. * SB 69 Takings. Codifies standards governing how municipalities may impose Pending action by conditions on land use permits and provides an expedited court Gov. * procedure for legal challenges to such conditions. SB 86 Pesticides Continues state regulation while preempting some local Pending action by regulation of applicators. (Amendments reduced preemption.) Gov. * SB 97 H/ghways Increases allowable truck weights on non-interstate Signed by Gov. * highways and local roads. (Amendments eliminated the most objectionable provisions.) HB 1045 Oil and gas charges. Prohibits certain local government specific Signed by Gov. * occupation taxes and fees on oil and gas operations. (Amendments narrowed the prohibitions.) HB 1282 Alcoholic beverages Contains miscellaneous revisions including Signed by Gov. * modifying "good cause" grounds for not renewing licenses because of adverse impacts on the neighborhood. (Amendments reduced negative impacts.) A-4