HomeMy WebLinkAboutPACKET Town Board 1996-06-11'Lf BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, June 11, 1996 7:30 P.M. AGENDA Certificate of Appreciation - Being presented to Les Foiles (recycling effort). 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 28, 1996. 2. Bills. 3. Committee Minutes: A. Community Development, June 6, 1996. ACTION ITEMS: ~' 1. Estes Park Urban Renewal Authority Resignation - Randy Martin, Commissioner. 2. Community Development, June 6, 1996: A. 1996 Christmas Parade Coordinator Agreement - Approval. 3. Planning Commission Items: A. 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. (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. B. Public Hearing: Amended Plat of Lots 13, 14 and 15, Creekside Subdivision, Gerald E. and Patricia K. Palmer, Applicants. C. Public Hearing: Amended Plat of Lots 2, 3 and W. 4 of Lot 4, Block 2, Lone Pine Acres Addition, David and Twila Fairbanks/Applicants. 4. Tobacco Products Regulation - Ordinance #11-96. 5. Town Administrator's Report: A. 1 * - tua, ¢//96
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' 1 Town of Estes Park, Larimer county, colorado. May .26 .... lg.96. regular Minutii of a........ meeting of the Board of Truiteei of the Town of Eates park, Larimer County, Colorado. Meeting held in the Municipal Building in •aid Town of Estes Park on the . 2pth.. day of .. May ..... ·, A.D., 19. .96 at regular meeting hour. Robert L. Dekker Meeting called to order by Mayor ...............,**,*..... Prement: MayorDekker Truateel: Susan L. Doylen, Mayor Pro Tem Jeff Barker John Baudek George J. Hix William J. Marshall Al•o Present: Gary Klaphake, J. Donald Pauley Town Administrator Gregory A. White, Town Attorney Tina Kuehl, Deputy Town Clerk Abient: None Mayor Dekker called the meeting to order at 7:30 p.m. PUBLIC INPUT. No public input. CONSENT CALENDAR: 1. Town Board Minutes dated May 14, 1996. 2. Bills. 3. Committee Minutes: A. Public Safety, May 16, 1996. B. Public Works, May 23, 1996. C. Planning Commission, May 21, 1996 (acknowledgement only) . 4. Public Hearing: A. Amended Plat of Lots 7, 8, 25 and a Portion of Lot 24, Block 10, Town of Estes Park (Lewiston Townhomes), Rex Miller/Applicant. Continued to June 11. B. Special Review #95-4, Lots 7, 8, 25 and a Portion of Lot 24, Block 10, Town of Estes Park, (Lewiston Townhomes), Gallagher & Miller/Applicants. Continued to June 11. It was moved and seconded (Hix-Doylen) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Ordinance #10-96 - Park Entrance Estates S.I.D. #95-1, Issuance of Bonds. Trustee Hix declared a conflict of interest and did not participate in discussion or vote. Finance Officer Vavra explained the Ordinance authorizes the issuance of bonds in the amount of $165,000 for Park Entrance Estates S.I.D. #95-1, and provides the form and payment of the bonds. Attorney White read the Ordinance. It was moved and seconded (Pauley-Marshall) Ordinance #10-96 be approved, and it passed unanimously with one abstention. Whereupon Mayor Dekker declared the Ordinance duly passed and adopted, ordered it numbered 10-96, and published according to law.
, Board of Trustees - May 28, 1996 - Page 2 ' 't 2. Resolution #10-96 - Park Entrance Estates S.I.D. #95-1. Accepting the Purchase of Bonds. Trustee Hix declared a conflict of interest and did not participate in discussion or vote. Officer Vavra reported this Resolution is an acceptance of the proposal by Estes Park Bank to purchase Park Entrance Estates S.I.D. bonds in the amount of $165,000 at 5.99% interest. Vavra noted that the property assessments will provide the revenue source for payments of principal and interest. Attorney White read the Resolution. It was moved and seconded (Doylen-Pauley) Resolution #10-96 be approved, and it passed unanimously, with one abstention. The Town's Financial Consultant Jim Manire, Managing Director of Public Finance for Piper Jaffray, Inc., reviewed the details of the Park Entrance Estates S.I.D., and commended the Estes Park Bank for its participation. 3.A. Water Line Proi ect Change Orders . Town Administrator Klaphake reviewed the change orders relating to the installation of water mains and valves during the Highway 34 widening project as noted in the Public Works minutes. Klaphake noted some additional expenses were incurred due to an extended water shutoff period and personal property damage, but given the magnitude of this project, these costs were relatively minor. Staff was commended for their efforts during this project. It was moved and seconded (Hix-Baudek) the change orders totaling $26,801.25 be approved; Town, $16,280*; CDOT, $10,521.251, and it passed unanimously. 3.B. Computer Network Server - Approval to Purchase. Administrator Klaphake reported that an Intergovernmental Agreement between the Town, the Park R-3 School District, and Larimer County will allow the use of the County and school district fueling facilities. The requested computer network server will provide communication between the agencies and fleet management for record-keeping purposes along with future capabilities in other Town departments. It was moved and seconded (Doylen-Barker) the purchase of the Dell Corp. Network PC Computer system be accepted at a Cost of $15,207.58, budgeted as follows: Fleet Department, $1,500; Water Department, $6,853.79; and Light & Power Department, $6,853.79, and it passed unanimously. Administrator Klaphake commended the continued good working relationship among governmental agencies which allows this type of program. 4. Resolution #11-96, Supplemental Budget - Public Hearing. Trustee Hix declared a conflict of interest and did not participate in discussion or vote. Mayor Dekker declared the Public Hearing open. Officer Vavra explained this Resolution will supplement the Town's 1996 Community Reinvestment Fund, Park Entrance Estates S.I.D. #95-1 Fund, Special Assessment Debt Service Fund, and Special Events Fund for construction of the ADA required restrooms at Stanley Park, and authorizes a temporary cash advance from the Light and Power Fund to the Community Reinvestment Fund for the construction of the Dannels Fire Station. There being no further testimony, Mayor Dekker declared the Public Hearing closed. Finance Officer Vavra read the Resolution. It was moved and seconded (Pauley- Doylen) Resolution #11-96 be approved, and it passed unanimously, with one abstention. 5. Tobacco Regulation - Ordinance. Mayor Dekker explained that the proposed Ordinance Will be discussed, with final presentation at the June 11 Board meeting. Administrator Klaphake explained the origin of the Ordinance. Trustee Marshall suggested the Ordinance include the prohibition of self-serve displays and violation penalties. Town Attorney White explained that penalties are administered by the
Board of Trustees - May 28, 1996 - Page 3 Municipal Court Judge. Trustee Doylen suggested the Ordinance include: clerks be 18 or older to sell cigarettes, vending machines be banned, and a no-cost cigarette vendor license be considered. Administrator Klaphake noted that a licensing system could be established, but could only be enforced within Town limits. Trustee Baudek stated that police enforcement would endanger the camaraderie between the police and the minors, and questioned if this Ordinance applied to private property. Attorney White explained that the ban could only be enforced on public property. Mayor Dekker opened the Public Hearing. Mike Miller, 585 Audobon St., agreed with the Ordinance as written, adding that it would provide retailer motivation to ban sales to minors without prohibiting self- serve displays, which could cause financial hardship for the retailer and infringe upon the adult population. Catherine Speer, 1861 Davis Dr., commended Mike Miller for his leadership, and agreed with Alice Gray, 1111 Golf Club Cir., that self-serve displays should be removed, adding that 44% of the youth smokers admitted to stealing cigarettes from self- serve displays. Dr. John Cooper, 838 Panorama Circle, explained that smoking is a disease of children, noting that 90% get "hooked" before 19. Dr. Joe Mahr, 180 Centennial Dr., added that controlling minor's smoking now will reduce the public health problems and costs in the future. Barb Wahl, 2001 S. Morris Ct., explained that the removal of self-serve displays would not cause a financial threat to the retailer as the tobacco industry pays promotional fees for those displays, and removing the ability to shoplift will balance the relocation costs. Leroy Cedar, 1085 Marys Lake Rd., requested a ban on vending machines, as these machines are the major source of cigarettes for minors. Hearing no further comments, Mayor Dekker closed the Public Hearing. Trustee Doylen reported that a Phillip Morris newspaper ad agreed with minor smoking regulations and with the possibility of banning vending machines. Trustee Baudek requested retailers attend the next meeting to explain the need for self-serve displays. After further discussion, Administrator Klaphake verified that draft two of the Ordinance will include the prohibition of self-serve displays and the requirement that clerks be 18 or older to sell cigarettes. Attorney White noted that state statute does not ban possession of tobacco products. Trustee Hix suggested the Board lobby the state representatives to include a ban on tobacco possession. 6. Special Events Liquor Application filed by the Town of Estes Park, 225 E. Elkhorn Avenue, for event scheduled June 12, 1996 (Friends of Bernie). Administrator Klaphake explained that Bond Park will be fenced and policed during the Friends of Bernie celebration on June 12, and beer will be dispensed and sold by the local brewery. It was moved and seconded (Doylen- Marshall) the Special Events Liquor Application filed by the Town of Estes Park for the Friends of Bernie celebration be approved, and it passed unanimously. 7. Legislative Update. Attorney White reported on the recently- enacted state bills having local impact. SB 214, Concealed Weapons: Allows the Police Chief to issue concealed weapons permits to local residents. HB 1119, Municipal Planning: Allows the formation of a joint planning commission. Attorney White thanked Senator Matsunaka, Representative Kaufman, Commissioner Disney, Mayor Dekker, ex-Mayor Dannels, Mayor Pro Tem Doylen, Administrator Klaphake, and Bill Van Horn for their representation of this bill. HB 1370, Pensions: Provides funding for police and fire personnel death and disability programs. SB 10, Rights-of-Way: Limits ability to receive compensation from telecommunication providers for use of rights-of-way. HB 1303, Vested Rights: Expands developers rights and restricts local government regulations. HB 1358, Annexation: Restricts local government enforcement of pre-
Board of Trustees - May 28, 1996 - Page 4 annexation agreements. SB 69, Takings: Sets standards for land use permit conditions with expedited court procedure for challenges. HB 1282, Alcoholic Beverages: Limits good cause for revocation of license. 8. Town Administrator Report. Administrator Klaphake reminded the Board of the Friends of Bernie celebration, June 12. Following completion of all agenda items, Mayor Dekker adjourned the meeting at 9:08 p.m. Mayor ................ Deputy Town Clerk
SRADFORDPUELISHINGCO. RECORD OF PROCEEDINGS community Development Committee June 6, 1996 . Committee: Chairman Doylen, Trustees Barker and Marshall Attending: All Also Attending: Assistant Administrator Widmer, Directors· Stamey, Kilsdonk, Advertising Manager Marsh, Conference Center Director Pickering, and Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:02 a.m. SCOTTISH FESTIVAL Chairman Doylen reported that a meeting was held with Dr. Durward to address concerns regarding facilities and police support. These concerns will be discussed with the appropriate people. Dr. Durward announced that he has assembled corporate sponsors for the Scottish Festival, including British Airways, Crown Royal, radio and television stations, and Safeway. Safeway will generate 6 million ad images in the Rocky Mountain region, including a discount coupon. Dr. Durward will distribute 160,000 flyers, 50,000 by direct mail. Public Service Company will include an information brochure in the August billings. COMMUNITY DEVELOPMENT Advertising Report. Advertising Manager Marsh reported Virtual Visitors' Guide statistics: 29,973 home page accesses; modifications include the addition of a Conference Center page, a Links page, Table of Contents, lodging guide, and area maps; vacation choices are made based on the information from over 50 Estes Park Web sites; 96% of the 653 who e-mailed responses will , visit Estes Park; originally most of those who accessed the web site had previously visited Estes but that ratio has dropped from 62% to 44%; only 13% obtained the web site address from magazines; responses are worldwide, including New Zealand, Brazil, Netherlands, Austria, Mexico, Kuwait, Canada, and Ireland. Manager Marsh reported that additional linking sites become available weekly. possible future modifications include audio and video. Trustee Barker reported a high percentage of conversions to lodging reservations. Brides Guide, a New Jersey publication, included information about Estes Park as a result of a press kit request. The Denver Post Empire Magazine included a full-page article on The Wool Market. Good Morning America weather segment recommended Estes Park as a destination to escape the heat. The Baldpate Historical Registry ceremony and Ricker Studio will appear on a Discovery Channel program entitled "Home Matters" . Peak-to-Peak Scenic Byway: Manager Marsh reported that the special interest committee for the establishment of the Scenic Byway will select a consultant to complete the Corridor Management Plan, scheduled for May 1997. A draft was distributed. CTTA/Denver Metro Colorado Visitors Bureau/American Express: A cooperative effort with these groups produced a brochure for inclusion in the Travel & Leisure magazine and mailed to American Express cardholders. This brochure suggests Colorado (and Denver in particular) as a-vacation destination. Manager Marsh reported that Estes Park was not included, adding the Town was not aware of the publication and that the cost ($60,000 per page) would have prohibited inclusion. The Town is on the mailing list to be notified prior to the 1997 edition. Trustee Barker added that the publishers were notified that Estes Park and RMNP was excluded from the map. Conference Center Report: Conference Center Director Pickering introduced Conference Service Coordinator Mark Tindle. Director
I.A.FOR'PUILISHING.0 RECORD OF PROCEEDINGS Community Development Committee, June 6, 1996 - Page 2 Pickering presented the Group Lead form which was created three years ago to disseminate leads for conference requests via fax to local accommodations. A questionnaire, distributed to conference organizers to denote satisfaction of conference services, was received from the Radiology Technologists, noting that the overall banquet services were excellent but that the audio and air conditioning systems were not functioning properly. Both have been repaired and upgraded. Bookings for the remainder of the year were reviewed. Community Profile: Director Stamey reported that the Community Profile is a joint effort with the Town, the Chamber and the Board of Realtors, and added that the 1996 edition is in distribution. MUSEUM Director Kilsdonk reported the following activities: the Fiber Arts and Crafts exhibit public reception is scheduled for June 7; the Big Thompson Flood opening reception attracted 250 people on May 3 and received press coverage Front Range newspapers and television stations; three events are scheduled in conjunction with the Flood exhibit: David McComb, author of a book on the flood, July 25; Remembrance Ceremony, July 31; first hand accounts of survivors, reporters and rescuers, August 1; free admission on Fathers' Day, June 16; a Studebaker Club Tour, June 30; and the Fall River Road Season opening reenactment, July 2. The MacGregor Charitable Trust has awarded the Friends of the Museum $1,000 in support of the History Camp, scheduled for July 15-19 and August 5- 9. The Friends Board voted to support the acquisition of new f benches for the Museum grounds. Local artists will be solicited to submit "create a bench" ideas. The Board also voted to contribute $1,350 for upgrades in the Museum kitchen. Director Kilsdonk reported that a survey is being conducted with past Friends of the Museum to determine the reasons for non-renewal and to gather suggestions for changes. The new Assistant Curator is Michelle Zupan, who also works at the Denver Natural History Museum. SPECIAL EVENTS Rooftop Rodeo & Western Heritage Report: Rooftop Rodeo President Gary O'Connor thanked the volunteer Rodeo Committee (1,200+ contributed hours), the corporate sponsors, and the Town for the continued support of the 70th anniversary Rooftop Rodeo and Western Heritage Days. O'Connor reported that the many events were scheduled to appeal to all ages. Chairman Doylen commended President O'Connor for his efforts. Christmas Parade Contract: Assistant Administrator Widmer reported that the 1996 Christmas Parade contract is similar to previous years, with the addition that the Coordinator will provide the volunteers with workers' compensation insurance. The Committee recommends approval of the Christmas Parade Contract as presented. June Events: Chairman Doylen noted that events scheduled for June include the Wool Market, Quarter Horse Show, Miniature Horse Show and Scandinavian Festival. CACEP Liaison: Trustee Barker reported that the $10,000 regifting program provided to CACEP by the Town has been disseminated to approximately 12 local art groups, and added that CACEP has contributed $587 to provide judging for these awards. There being no further business, Chairman Doylen adjourned the meeting at 9:02 a.m. -1-U- K ..9.9 Tina Kuehl, Deputy Town Clerk
May 21, 1996 Hon. Mayor Dekker and Members of the Town Board: Please accept my resignation from the Estes Park Urban Renewal Authority effective immediately. I have enjoyed my time on the commission and believe it continues to do good work on behalf of the Town of Estes Park. Unfortunately, other time commitments prevent me from completing my term. I wish the town board and my EPURA colleagues well in their pursuits for the betterment of the Town of Estes Park. Si~erel 1 1 1 j \A r 'J \ 1 ~11~ 1119 T '1"t lill ~ Randy R. Martin
~RA0F0M0PU~1.1§MING CO. RECORD OF PROCEEDINGS community Development Committee, June 6, 1996 - Page 2 pickering presented the Group Lead form which was created thre years ago to disseminate leads for conference requests via fax local accommodations. A questionnaire, distributed to confe ce organizers to denote satisfaction of conference servic , was received from the Radiology Technologists, noting that t overall banquet services were excellent but that the au ' and air conditioning systems were not functioning properly. h have been repaired and upgraded. Bookings for the remainder the year were reviewed. Community Profile: Director Stamey report that the Community Profile is a joint effort with the Town, t Chamber and the Board of Realtors, and added that the 1996 edi on is in distribution. MUSEUM Director Kilsdonk reported the lowing activities: the Fiber Arts and Crafts exhibit public ception is scheduled for June 7; the Big Thompson Flood openi reception attracted 250 people on May 3 and received press verage Front Range newspapers and television stations; three ents are scheduled in conjunction with the Flood exhibit: Dav' McComb, author of a book on the flood, July 25; Remembrance remony, July 31; first hand accounts of survivors, reporters nd rescuers, August 1; free admission on Fathers' Day, June 6; a Studebaker Club Tour, June 30; and the Fall River Road S son opening reenactment, July 2. The MacGregor Charitable Trus as awarded the Friends of the Museum $1,000 in support of the istory Camp, scheduled for July 15-19 and August 5- 9. The Fr' ds Board voted to support the acquisition of new , benches fo he Museum grounds. Local artists will be solicited to submit " ate a bench" ideas. The Board also voted to contribute $1,350 r upgrades in the Museum kitchen. Director Kilsdonk repor d that a survey is being conducted with past Friends of the Mus to determine the reasons for non-renewal and to gather su estions for changes. The new Assistant Curator is Michelle Z an, who also works at the Denver Natural History Museum. SPECIAL EVENTS Rooftop Rodeo & Western Heritage Report: Rooftop Rodeo 22ai~aat Gary .0'Connor thanked the volunteer Rodea~~+ contributed hours), the corpori&,0--meral and the Town for the continued support 0-~~@00#--mmiversary Roof top Rodeo and Western Heritage Days._..dll~rannor reported that the many events were schedul:29~*pap~eal to all ages. Chairman Doylen commended pr~,~-ME O' Connor for his efforts. Christmas Parade Contract: Assistant Administrator Widmer reported that the 1996 Christmas Parade contract is similar to previous years, with the addition that the Coordinator will provide the volunteers with workers' compensation insurance. The Committee recommends approval of the Christmas parade Contract as presented. June Events: Chairman Doylen noted that events scheduled-f@B•@00. include the Wool Market, Quarter Horse Show, Miuhail~ Show and Scandinavian Festival. CACEP Liaison: Trustee Bark@m-!Forted that the $10,000 regifting program provided to CA~-57 the Town has been disseminated to approximately -160*/~I- art groups, and added that CACEP has contribute~0ll--to provide judging for these awards. eing no further business, Chairman Doylen adjourned the meeting at 9:02 a.m. -ru- K ~9.9 Tina Kuehl, Deputy Town Clerk
LETTER OF UNDERSTANDING The following shall serve as the understanding between the Town of Estes Park, hereafter referred to as "Town", and Connie Boschen d/b/a Connie's Cartoons, hereafter referred to as "Coordinator", regarding coordination of the 1996 Christmas Parade, herea f ter re ferred to as " the Parade" or " the Event" . 1. The Town will pay $10,000 to Coordinator in return for services as Christmas Parade Coordinator for 1996. 2. It is understood that the services to be rendered by Coordinator include coordinating the efforts of the various entitles and individuals; administering the contracting for services, equipment and personnel; submitting invoices for same; planning the general character and presentation of the Parade; directing the general character and presentation of the Parade; directing its formation; and causing it to be presented at the appointed time. The appointed time is agreed to be approximately dusk on the evening of Friday, November 29, 1996. Coordinator shall not be responsible for acts of God and conditions beyond the control of Coordinator, which may delay, postpone or cause cancellation of the Parade. 3. Town agrees that Coordinator shall have option to coordinate Christmas Parades, or such similar activities and celebrations as may replace the Christmas Parade, in 1997 and 1998, subject to the Town and Coordinator agreeing on the terms and conditions of the coordination of those events. 4. It is understood that the proposed budget to be submitted by the Coordinator on or about August 18, 1996, will be tentative in nature, and that amounts associated with specific line items may be substantially adjusted. However, the Coordinator will not contract for rentals, materials, or services in amounts totalling more than $2,500, without the express written authorization of Town. The $2,500 is in addition to and separate from the above- referenced $10,000 for service. 5. It is understood and agreed that the $2,500 budget is essentially for items associated with mounting of the Parade. This includes such items as lights, generators, sound systems, stages, decorations, sanitary equipment, decorations for street and stages, and rental of costumes and props. It is understood and agreed the $2,500 is insufficient to provide for the construction and presentation of floats and characters associated
with the Parade. Coordinator will attempt to obtain "sponsorships"'of floats, characters and combinations thereof, by soliciting funds from merchants, lodging establishments, and other business people and organizations. Funds raised by Coordinator in the form of sponsorships shall first be used to create and construct sponsored floats and/or characters; and secondly to compensate Coordinator for creative services, obtaining of materials, and for labor involved in the construction of the sponsored floats and/or characters. Any and all agreements between the Coordinator and sponsor shall be solely by those parties and should not in any manner fnvolved the Town. 6. It is understood and agreed that the size, extent and character of the Parade is contingent upon and subject to the level of success Coordinator may or may not achieve in obtaining sponsorships, and no warranties or guarantees are made or implied by Coordinator regarding the level of success that coordinator may .eventually achieve in attempting to obtain such sponsorships. Coordinator agrees to use best efforts to obtain sponsorships and thereby to malximize the size and extent of the Parade. Town agrees to use'best efforts to assist Coordinator. 7. It is understood and agreed that Coordinator shall own the salvageable portions of the floats and characters, whether in whole or in part, as well as the creative design of the floats and characters, and sponsorship rights to any f loats 02 characters shall be limited to this year's Parade. However, to the greatest extent possible and financially feasible, sponsors shall have the option of sponsoring the same floats and characters in successive years at costs similar to 1994 and/or adjusted at levels consistent with cost of living indexes. 8. It is understood and agreed by the parties hereto that the Coordinator is an independent contractor. This letter of understanding shall not be construed as establishing the relationship of employer/employee, joint-venture, partnership, or any other like legal entity, with regard to the relationship between the Town and Coordinator. 9. It is understood and agreed that the Town shall be responsible for obtaining liability insurance of the parade. Said insurance shall be through the Town's current insurance arrangements with CIRSA. As an independent contractor, Coordinator shall be responsible for providing volunteers worker's compensation insurance coverage for all volunteers of Coordinator involved in Coordinator's duties and responsibilities pursuant to the terms of this Letter of Understanding. ,
10. It is understood and agreed that the Town shall also be responsible for the following: a. All advertising and promotion as previously planned in the 199#~Town approved budget; b. Postage and copying costs of Coordinator relating to coordinating the event; c. Personnel to drive floats and other vehicles associated with the Parade or its presentation; and construction and transportation of stages, stands, and/or related structures; d. Supervisory personnel and facilities for parking; e. A convenient storage area for equipment, costumes, characters and other materials related to the event. As an indication of agreement and understanding of the above, the Parties have signed as follows: AGREED TO THIS DATE TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk Connie Boschen Connie' s Cags*=eens 008 Ei 1 -6 J '- Connie Boschen
...0/0.0 PUBLISHING CO RECORD OF PROCEEDINGS Planning Commission, October 17, 1995 - Page 2 -3.1-7 Amended Plat. Lots 7. 8. 25 and a Portion of Lot 24. Block 10. Town of Estes Park (Lewiston Condos). Rex Miller. 2.A.I. Applicant. This subdivision combines portions of three lots into one and corrects an illegal subdivision for Lot 7B. Applicant' s Representative Bill Van Horn referred to the Staff recommendations and noted the action taken. Director Stamey added that a utility easement for the water main extension running east to west across Lot 7B must be provided as well as a drainage easement along the east lot line of Lot 8A. Attorney White noted that an adjustment at the northern lot line on Lot 7B has resulted in additional property being granted to the Lewiston Homeowners Association. Curtis Sears, attorney for the Association, verified that the Association would accept this land. Following discussion, it was moved and deconded (Burgess-Brown) the Amended Plat, Lots 7, 8. 25 and a portion of Lot 24, Block 10, Town of Estes Park (Lewiston Condos) be favorably recommendation to the Board of Trustees subject to the following, and it passed unanimously: 1. Show the deletion of building D and the garage, the street name change to Spruce Dr, and monumentation on the plat. 2. Delete "public" access easement from the dedication - statement. 3. Add driveway maintenance note. 4. Add drainage and water line easements. 5. Add note regarding drainage maintenance by owner. 6. Hold in escrow the access easement document and reception number for Lots 7B and 8A pending approval of the plat. 7. Provide a utility easement for the water main extension running east to west across Lot 7B. 8. Provide a drainage easement along the east lot line.
·2:~ Special Review #95-4. Lots 7. 8. 25 and a Portion of Lot A A. a. Applicant is proposing thirteen condominium dwelling units 24. Block 10. Town of Estes Park (Leviston Townhomes). The with attached garages in five single story buildings, and two buildings with walkout lower levels ("C" Buildings), as follows: 4 Duplex Buildings 1 Triplex Building ; 2 Single Unit Buildings The project is to be developed in a single phase to be completed in three years. This development proposal has obtained unit type and setback variance from the Board of Adjustment. Bill Van Horn, Applicant's representative, noted that this proposal was previously submitted and that the previous Planning Commission items have been addressed. Waterline extension construction drawings will be presented to staff for their approval. Director Stamey noted that the Public Works Dept. has not yet received the drainage plan and details for the swale. Van Horn confirmed that waterline drawings will be submitted/approved prior to Town Board consideration. The Applicant is requesting they be allowed to escrow the access easement and that all associated documents be recorded simultaneously following Town Board approval. Staff confirmed that the size of the water main extension is to be 6". Planner Joseph reviewed the major points of the staff report: the Applicant needs to meet with the Light & Power Dept. concerning overhead utilities and such information to be reflected on the final development plan; staff received a number of sections illustrating site grading and building pads. An existing drainage culvert, which has historically negatively impacted the adjacent land owner needs to be cleaned and maintained. Discussion followed concerning the measurement of. finish grade around Building "C", and staff confirmed that judgement is involved in interpreting the ordinance; however, staff has determined there is no easy solution to lowering the height of the units. Van Horn commented that the average height of the building is measured from finished grade, and the wall is not a part of building, it is a landscaping element. The wall will be most visible from the south, and Van Horn indicated that the wall is not intended to dominate the area. Further discussion followed concerning the building height, finished r grade, interpretation of a visual element, landscaping can be placed between the wall and building for screening, the negative aesthetic impact of the use of pillars, construction materials for the wall which includes a stone veneer matched as closely as possible to the existing rock wall, and an additional concern that the note on the plan be changed from 24" caliper Aspen to 2%" diameter Aspen. Van Horn confirmed this last item will be corrected on the plat. There were no comments from the audience. It was moved and seconded (Pohl/A. Hix) Special Review #95-4 for Lots 7, 8, 25 and a Portion of Lot 24, Block 10, Town of Estes Park be favorably recommended to the Board of Trustees contingent upon the following, and it passed unanimously: 1. Provide access easement document. 2. Extend a 6" water main to the site and install fire hydrant per Fire Chief. A water main construction plan be provided prior to Town Board review. 3. Show existing overhead electric and planned underground electric, and provide an easement on the subdivision plat, as required. 4. Provide drainage report and details of all drainage facilities. 5. Clean existing driveway culvert and improve outlet. 6. The property to be included in the NCWCD. Commissioner Brown suggested that due to numerous discussions concer!:ing building height, that staff look at clarifying the regulations.
...0.0.0.U.L....@co. · RECORD OF PROCEEDINGS Planning Commission - April 16, 1996 Page 6 4-,-b, Amended Plat, Lots 13. 14 and l reeksideSubdivision 1.6. new lots. There were no audience comments and all other staff Gerald E. and Patricia K. Palmer/Applicant. Mr. Palmer explained the proposal to combine three existing lots into two concerns were met and/or addressed It was moved and seconded (A. Hix/Burgess) the Amended plat, Lots 13, 14 and 15, Creekside Subdivision be favorably recommended to the Board of Trustees contingent upon the following, and it passed unanimously. • This proposal will result in lower density. • The building envelopes be labeled. • The private drive along the north line of lot 13A be labeled. The purpose of the 10' easement along Fish Creek Road be identified. The existing gas line easement be shown. Surfacing will be asphalt. Access will be via a private drive. Any relocation of electric facilities will be at developer's expense. SUBDIVISION/DEVELOPMENT PLAN J.6. - of Lot 4. Block 2. David and Twila Fairbanks /Applicant. I-:=7 Amended Plat. Lone Pine Acres Addition. Lots 2.3 & w 4 Applicant's representative Paul Kochevar reviewed the proposal to combine two and one-half separate lots into one, with the new lot to be used for commercial development of retail/office building with 65 parking spaces and related site improvements. Director Stamey reviewed the staff report and recommended a 15' wide utility and access easement along Lakefront Street. Following a discussion, Director Stamey stated that depending upon a determination of the location for a pedestrian/bike path, this easement request could be modified. This will be resolved prior to Town Board. It was moved and seconded (A. Hix/Thomas) the Amended Plat of Lots 2, 3 and w 4 of Lot 4, Block 2, Lone Pine Acres Addition be favorably recommended to the Board of Trustees, and it passed unanimously. Staff, Paul Kochevar and owners will meet at the site and determine location of the pedestrian/bike access prior to Town Board. .....
JUN-06-1996 15:08 HAMMOND, CLARK & WHITE 9706699380 P.02 ORDINANCE NO 1 AN ORDINANCE ADOPTING CHAPTER 8.12 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK CONCERNING THE REGULATION OF THE OBTAINING, USEi AND POSSESSION OF TOBACCO PRODUCTS BY MINORS WHEREAS, the use of tobacco products is dakigerous 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.. huthorizes local authorities to impose requirements regarding the purchase of tobacco products by minors; and WHEREAS, the Board of Trustees of the Town bf Estes Park has determined that this ordinance pertains to land is in the furtherance of the health, welfare and safety 0£ 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 prohibit=ng the possession and use of tobacco products by minors and by prohibiting the dissemination and furnishing of tobacco products to minors. 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. nSmoking" 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.
JUN-06-1996 15:08 HAMMOND, CLARK & WHITE 9706699380 P.03 C. "Tobacco Product" means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacc6. 8-. 12.030 Unlawful Possession or Use of Tobdcco Products bv Minors: A. It shall be unlawful for any minor to poslsess any tobacco product. B. It shall be unlawful for any minor to ; consume or use, either by smoking, ingesting, absorbing, or chewing, any tobacco product. C. It shall be unlawful for any minor to pu~'chase, obtain or attempt to purchase or obtain any tobacco product Hy misrepresenta- tion of age or by any other method. D- It shall be rebuttably presumed that thejsubstance within a package or container is a tobacco product it the package or container has affixed to it a label which identifias 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 me#ns, any tobacco product. ' B. It shall be an affirmative defense to a prosecution under this section that the person furnishing the tok~acco product was presented with and reasonably relied upon document which identified the minor receiving the tobacco eroduct as being eighteen years of age or older. i 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 oz' other places not open to the general public; ( II) Places to which minors are not pe~mitted access; or (III) (A) places where the vending ma¢hine is under the director supervision of the owner of the establi¢hment 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. .
JUN-06-1996 15:09 HAMMOND, CLARK & WHITE 9706699380 P.04 , i (B) . As used in this section, "under dir~ct 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 wa0 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 8.12.060 Sale of Tobacco Productsi A. It shall be unlawful for any business proprietor, manager, or other person in charge or control of a busine4s of any kind to engage, employ or permit any minor to sell tobacto products from such business. B. It shall be unlawful for any business proprietor, manager, or other person in charge or control of a business of any kind to stock or display a tobacco product in any way which allows a customer to access such tobacco product without first securing the physical assistance of an adult business eu*loyee for each transaction. The foregoing sentence shall not be effective until September 1, 1996. The provisions of this Subsedtion B shall not apply to stores possessing a valid retail liquor store license, as defined by the Colorado Liquor Code, and to yending machines meeting the requirements of Section 8.12.050 of this code. Section 2. The adoption of this Ordinance khall 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 TOTAL P.04
|~/ NATIONAL PARK VILLAGE Deer Ridge, Inc. The Honorable Robert Dekker Town Board of Trustees Town of Estes Park 170 MacGregor Avenue Estes Park, CO June 10, 1996 Dear Mayor Dekker and Trustees: I am writing today to express my concerns regarding the revised tobacco ordinace being proposed for the town of Estes Park. First, let me say that as a retailer, parent and community member I fully support the letter and intent of the majority of the proposed ordinance. While I am committed to the same ultimate goal as the board, I would like to emphasize that there are some practical considerations that I feel need to be evaluated in conjunction with the day to day operations of local businesses which will be most affected by elements of this proposal. I hope that you will consider the impact your actions will have on retailers and their legitimate customers. In my circumstance the inclusion of Section 8.12.060 B will have a significant negative financial impact on my business. The suggestions that the lost sales and promotional fees will in some fashion be offset by presumed losses from shop lifting is absurd. I believe that the determination as to the level of theft expense of any product and how to address it should lie with the business entity who is suffering that financial loss, as with any other business decision. In addition, this requirement would demand a major restructureing in my facility. Currently, we have 14 running feet by 6 feet tall of self service display and inventory involving tobacco products. This has been our general mode of operation since our inception in 1978. To be frank we do not have 84 square feet of supervised space not currently in use. Consequently, I must look to what other portions of my business I must reduce or alleviate in order to maintain a tobacco product inventory which we have deemed appropriate. Additional staffing in order to facilitate this means of sales is another cost which will be incurred in order to comply We have programs in place to prevent underage sales. We have stepped up efforts to educate and train our sales clerks about existing laws, giving them reminders which trigger ID checks, putting up additional minimum -age signage and placing tobacco products in highly monitored areas of the store. I would gladly welcome any efforts by the local police to help enforce the law and prevent the theft of my merchandise. I DON'T want minors to smoke. While I heartily agree that this is an issue of extreme importance, I do not believe 900 Moraine Avenue • Estes Park, Colorado 80517 • (970) 586-2702
. we should be unfairly and unnecessarily punished for the sale of a. legal product. Our adult customers who choose to smoke should be able to conveniently purchase tobacco products, like other age-resticted products. Adult customers should be able to find the products they are seeking on shelves, comparably displayed in a convenient location, under the direct supervision of an adult clerk. For your consideration regarding the rest of the proposal. I believe that it would be highly appropriate to mandate inclusion of parent and/or guardian in any court action taken regarding the unlawful possession or use of tabacco products by minors. This inclusion of those who should be responcible for the minors involved would seem to be a productive measure. I would also ask that you consider placing the theft of tobacco products by minors at a higher level of consequence than simply that of their retail value. It is my hope that this initiative will leave room for reasonable, workable and cooperative efforts to achieve our mutual goals. I would like to offer my business perspective to the board in pursuing these objectives. I firmly believe all interested parties can come to a satisfactory agreement to stop minors' use and possession of tobacco products, and stop the sale of tobacco products to minors. I recognize that decisions and choices such as these are not easily made. It is my hope that you will accept the commitment of this portion of your retail community to work in partnership with you in efforts to keep tobacco products out of the hands of minors. Thank you for your consideration. Sincerly y»uis, 6/14 LOLL> Jt Scott Webermeier _Nalional Park Village P.S. Should you opt for inclusion of Section 8.12.060 B I would ask that a date more sensitive to the seasonal nature of our businesses be considered for immplementation.
. V JV , | ~/ NATIONAL PARK VILLAGE Deer Ridge, Inc. Proposed Amendment to Estes Park Tobacco ordinance No person in charge or control of a retail business of any kind shall knowingly display a tobacco product in any way other than where the product is under the control or within the line of sight of any employee of the establishment. 900 Moraine Avenue • Estes Park, Colorado 80517 • (970) 586-2702
FOOD TAX REFUND ANALYSIS AVERAGE INCOME BY CATEGORY YEAR TOTAL TOTAL TOTAL TOTAL FAMILIES DISABLED ELDERLY APPLICATIONS FAMILIES DISABLED ELDERLY 1995 155 for 75 17 50 - $14,906.54 $8,487.59 $10,862.82 total expen- 31 Sgl. 8 diture of Parent Couples $24,250 152 Kids 1996 119 for 62 9 49 - $15,794.73 $7,755.59 $10,759.72 total expen- 28 Sgl. 9 diture of Parent Couples $19,700 122 Kids