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Home My WebLink AboutPACKET Town Board 2007-05-08FILe Prepared 4/30/07 * Revised 5/8/07 4 .: 4 .4 11@ TOWN ORESTES PARK 4.4 Z - 15 . :4Â·.1....tr J : The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, May 8,2007 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE PROCLAMATION - FOSTER CARE MONTH - Mayor Baudek PUBLIC COMMENT (Please state your name and address). TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated April 24,2007. 2. Bills. 3. Committee Minutes: A. Public Safety, April 26,2007: * 1. "Heart to Help" Bronze Statue - $20,000 Budgeted, $13,000 Fundraising Campaign. 2. PropertyRoom.com - Contract. B. Community Development, May 3,2007: Special Events: 1. Bond Park Cabin Policy. 2. ACTION ITEMS: 1. BANNER LOCATIONS - ORDINANCE 9-07. Dir. Pickering 2. MODEL TRAFFIC CODE REVISION - ORDINANCE 10-07. Chief Richardson 3. CATS RUNNING AT LARGE-ORDINANCE 11-07. Chief Richardson 4. COLORADO CLEAN INDOOR AIR ACT - ORDINANCE 12-07. Deputy Adm. Halburnt 5. CODE ENFORCEMENT OFFICER. Chief Richardson 6. TOWN ADMINISTRATOR REPORT. 7. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Fil e Prepared 4/30/07 /6 . /.. 3.1 '5,7 '44.r:0â‚¬p <fi~- ~if,f..*~ <{17{Â·' >Â·~-i.'0Â·:~:re. , :*. ~ TOWNIOEISTâ‚¬SNPARK :il~%~F-'v-- - Arde 3'4*/W<*-4-.t. The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, May 8,2007 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE PROCLAMATION - FOSTER CARE MONTH - Mayor Baudek PUBLIC COMMENT (Please state your name and address). TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated April 24,2007. 2. Bills. 3. Committee Minutes: A. Public Safety, April 26,2007: 1. "Heart to Help" Bronze Statue - $33,000. 2. PropertyRoom.com - Contract. B. Community Development, May 3,2007: Special Events: 1. Bond Park Cabin Policy. 2. ACTION ITEMS: 1. BANNER LOCATIONS - ORDINANCE 9-07. Dir. Pickering 2. MODEL TRAFFIC CODE REVISION - ORDINANCE 10-07. Chief Richardson 3. CATS RUNNING AT LARGE - ORDINANCE 11-07. Chief Richardson 4. COLORADO CLEAN INDOOR AIR ACT - ORDINANCE 12-07. Deputy Adm. Halburnt c:: r hi 5. CODE ENFORCEMENT OFFICER. Chief Richardson 6. TOWN ADMINISTRATOR REPORT. 7. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Town of Estes Park, Larimer County, Colorado, April 24,2007 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 24~h day of April, 2007. Meeting called to order by Mayor Baudek. Present: John Baudek, Mayor Bill Pinkham, Mayor ProTem Trustees Eric Blackhurst Dorla Eisenlauer Richard Homeier Chuck Levine Wayne Newsom Also Present: Town Attorney White Randy Repola, Town Administrator Jacquie Halburnt, Deputy Town Administrator Jackie Williamson, Town Clerk Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. and requested a moment of silence for the victims of Virginia Tech and for the men and women serving our country. All desiring to do so, recited the Pledge of Allegiance. PROCLAMATIONS. Mayor Baudek acknowledged the Noon Rotary Representatives and presented a Proclamation announcing May 5,2007 as "DUCKY RACE DAY." Mayor Baudek read a proclamation acknowledging May as the month of the tree and recognized "Estes Park's 100 Anniversary as a Tree City". The Tree Board will hold a day long "Save Your Tree Symposium" on May 18th in the Town Board Room. PRIDE AWARDS. Trustee Levine stated the Estes Park Pride Awards were developed in 2005 to honor the many residents who have given back to the community. Over 20 nominations were received for the three categories: Business Person of the Year, Teacher of the Year, and Volunteer of the Year. The 2006 winners of the Estes Park Pride Awards were: Business Person of the Year Judy Nystrom Teacher of the Year Elizabeth Repola Volunteer of the Year Doug Frisbee Trustee Levine encouraged the community to nominate individuals that make a difference to the community. Nominations for the 2007 Pride Awards will be available September - December of 2007. MARKETING DISTRICT. Administrator Repola stated Governor Ritter signed the Marketing Bill on Thursday, April 19, 2007. The new law creates a vehicle for which to fund a Marketing District. Formation of a Marketing District would include the following steps: setting the boundaries of the district, Town/County to assess the formation/organization, draft a proposed contract (IGA) between the Town and County, obtain signed petition of 51% (valuation) of commercial property owners, joint public hearings, adopt contract and order election in the fall of 2008. The Town will continue to keep the Chamber informed on the process and the formation of the district. Administrator Repola thanked the Mayor, Tom Pickering and Corey Blackman for their time and efforts in the process. Board of Trustees - April 24,2007 - Page 2 PUBLIC COMMENT. Sue Pinkham/League of Women Voters informed the Board and the community of a new survey the League has begun regarding recycling. Surveys can be dropped off at the utility payment drop box, the library and the municipal building. Survey responses will be collected through May 4m. Paul Fishman/Chamber of Commerce read a statement that commended the Town on the success of the new marketing bill. The Chamber is looking forward to working together with the Town on the formation of a Marketing District. Pete Simonson/1018 Fall River Court stated B&Bs are not appropriate in single-family residential neighborhoods. He urged the Board to enforce the current regulations for B&Bs. He also requested the Board involve the local homeowner's associations in the decision making process and not extend B&B's into single-family neighborhoods. TOWN BOARD COMMENTS. Trustee Blackhurst reminded the public that the Public Safety Committee would meet Thursday at 8:00 a.m. in the Town Board Room. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated April 10,2007. 2. Bills. 3. Committee Minutes: A. Public Works, April 12, 2007. 1. Riverside Plaza Tree Project Phase Ill, M. Atkins Inc. - $14,000.00, Budgeted. 2. Bureau Landscaping, Jackson of all Trades - $9,200.00, Budgeted. 3. 2007 Bobcat 2200, Bobcat of the Rockies - $9,240.84, Budgeted. 4. Kelly Creswell Striper, MacDonald Equipment Co. - $15,410.00, Budgeted. B. Utilities, April 19, 2007. 1. Annual Tree Trimming Project, Asplundh - $75,000.00, Budgeted. 2. Revised 2006 Water Line Project - Additional Cost $2,500.00 - Van Hom Engineering and $36,913.00 - EZ Construction. 4. Estes Valley Planning Commission, March 20,2007 (acknowledgement only). 5. Estes Valley Board of Adjustment, April 3,2007 (acknowledgement only). 6. Resolution # 6-07 - Schedule public hearing date of May 22, 2007 for New Tavern Liquor License Application filed by NOTCHTOP BAKERY & CAFE, INC. dba Notchtop Bakery & Caf6, Inc., 459 E. Wonderview #4. It was moved and seconded (Pinkham/Newsom) the Consent Agenda be approved, and it passed unanimously. lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek opened the Public Hearing for the following Consent Agenda Items: 1. CONSENT ITEMS: A. SUPPLEMENTAL CONDOMINIUM MAP Board of Trustees - April 24,2007 - Page 3 1. Mary's Lake Lodge Condominiums, Supplemental Condominium Map #6, Lot 3, Mary's Lake Subdivision, Ram's Hom Development Co./Applicant. 2. Lakeview Condominiums at Mary's Lake Lodge, Supplemental Condominium Map #1, Units 10 & 11, Mary's Lake Lodge Condominiums, Don Debey/Applicant. 3. Lakeview North Condominiums at Mary's Lake Lodge, Supplemental Condominium Map #1, Units 21 & 22, Mary's Lake Lodge Condominiums, Don Debey/Applicant. As there were no comments, the Mayor closed the public hearing and it was moved and seconded (Homeier/Levine) Consent Agenda be approved with Staff conditions of approval, and it passed unanimously. 2. ACTION ITEM: A. AMENDED CONDOMINIUM MAP Units 14,15 and 17, Lazy-R Cottages Condominiums West. Mayor opened public hearing. Planner Chilcott stated the applicant has requested the application be continued to the May 22nd meeting. Hearing no comments, the Mayor closed the public hearing. It was moved and seconded (Levine/Eisenlauer) the amended condominium map be continued to the May 22, 2007 Town Board meeting, and it passed unanimously. 2. ACTION ITEMS: 1. VACATION OF EASEMENTS. Planner Chilcott stated the Estes Park Urban Renewal Authority (EPURA) has requested the vacation of aerial power easements and a non-exclusive easement and right-of-way for pedestrian and bicycle use on Lots 1, 2, and 3, CJL Resubdivision of Lots 20 and 21, Block 5, Second Amended Plat of the Town of Estes Park and aerial power easements on Lot 35A of the Replat of Lot 35 and 36, Block 6, Hupps Addition. EPURA is removing the overhead lines and burying them underground as part of the riverwalk project. The pedestrian and bicycle easement (Reception #852828) is no longer needed. The Public Works and Utilities Committees have recommended approval of the easement vacations in conjunction with the new underground electric easement dedications. Attorney White read Ordinance 7-07 and 8-07 in to the record. It was moved and seconded (Newsom/Homeier) to approve Ordinances 7-07 and 8-08 vacating electric utility easements and right-of- way easement as described above, and it passed unanimously. 2. 1ST QUARTER FINANCIAL REPORT. Finance Officer McFarland reported the General fund is operating below forecasted expense levels in all major categories. Sales tax revenues are at 13.1% of budget; however, with CPI factored in sales tax is trailing 2006 YTD by 2.02%. The Enterprise funds are ahead of budgeted revenues with expenses down. Investments show a decrease in assets that reflect the seasonality of cash flow. Whereupon Mayor Baudek adjourned the meeting at 7:44 p.m. John Baudek, Mayor Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, April 26,2007 Minutes of a Regular meeting of the PUBLIC SAFETY COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 26th day of April, 2007. Committee: Chairman Newsom, Trustees Blackhurst and Eisenlauer Attending: All Also Attending: Chief Dorman, Chief Richardson, Deputy Town Administrator Halburnt, Deputy Town Clerk Deats Chairman Newsom called the meeting to order at 8:00 a.m. FIRE DEPARTMENT. RAPID ENTRY SYSTEM - REQUEST APPROVAL. The ordinance was reviewed by the Committee in February, at which time additional information was requested, including the number of businesses affected by the ordinance, costs for replacing commercial doors, and how the public will be notified of the proposed ordinance. 54 businesses have been identified by staff as having automatic alarms or sprinkler systems (although this may not reflect the total number as some may not be monitored) and would, consequently, be required to purchase a lock box at a cost of $239.00. Estimated costs to replace commercial doors that may be damaged by forced entry during an emergency ranged from $1,100.00 to $4,250.00 plus installation costs. A press release was given to the CVB and to the local newspapers explaining the proposed ordinance. Staff recommends the adoption of an ordinance requiring the installation and use of a lock box system for certain businesses and special properties as identified in the ordinance. Chief Dorman reviewed procedures and security measures taken when using the lock box system and noted that having rapid access to a structure would save time when responding to a fire call and curtail the risk to firefighters and the general public. The Committee discussed the accessibility of the system by both the Fire Department and the Police Department, and Jeff Moser of the Knox Box Company, a lock box system, provided the Committee with information related to initial set up of the rapid entry devices, re-keying of existing units, the quality of the materials used in the construction of the devices, standards of construction, and tamper-proof features that can be installed. Leta Nefzger, High Country Gifts, 128 W. Elkhorn Avenue, expressed her opposition to the system, stating too many people would have the ability to access keys to the affected properties. Rex Hedlund, Good Samaritan Village (GSV), questioned whether multiple boxes would be needed at the facility to ensure that the proper response would be received when medical emergencies occur at GSV. After further discussion, the Committee recommends the adoption of the ordinance requiring structures to have a key lock box installed on the exterior of the structure for fire safety purposes with the addition of wording giving property owners the option to allow the Police Department access to their property in emergency situations. RECORD OF PROCEEDINGS Public Safety Committee - April 26,2007 - Page 2 FIRE DEPARTMENT'S 100* ANNIVERSARY COMMEMORATIVE STATUE REQUEST APPROVAL. January 20, 2007 was the 100th Anniversary of the Estes Park Volunteer Fire Department. In commemoration of this event, and to honor the 100 years of volunteer fire service to the community, the Town has budgeted $20,000.00 towards the purchase of a statue to be located at the Dannels Fire Station. Staff has researched various options and has narrowed down the choice to three bronze statues for consideration: 1. "Human Spirit" by Jack Kreutzer, a bronze statue that is in Spring Creek Park in Fort Collins honoring the rescuers of the Spring Creek flood. This statue modified to a single person would cost an estimated $30,000.00 with a nine month completion time. 2. Large praying firefighter, by an unknown sculptor, is a cast of a kneeling firefighter with head-in-hand, available at a cost of $26,660.00 plus shipping with an 18 week delivery time. 3. "Heart to Help" by Joseph Kinkel, is a bronze piece of a firefighter with a dog responding to a call and putting on his bunker coat. The cost is $35,000.00 complete, and can be purchased without the dog for $30,000.00. There is no charge for delivery, and the sculptor will oversee the installation, which could be completed in three to four months. Estimated costs for the complete project are as follows: "Heart to Help" statue (without dog) $30,000.00 Concrete pad 500.00 Site work 2,000.00 Bronze plague 500.00 Total Estimated Cost $33,000.00 The additional $13,000.00 could be generated by utilizing one or more fundraising method such as soliciting donations; hosting a fundraising event such as a dance, silent auction, or golf tournament; selling engraved bricks; or the adoption of the project by a local service club. Staff recommends purchasing the "Heart to Help" statue, without the dog and with a personalized helmet, at a cost of $33,000.00. After a discussion of contingency monies for the project, the Committee recommends approval to order the statue as described above at a cost of $33,000.00, the budgeted $20,000.00 from account #101-2200-422-33-31 and the remaining $13,000.00 secured through funding from one or more of the sources suggested above. POLICE DEPARTMENT. PROPERTYROOM.COM CONTRACT - REQUEST APPROVAL. Each year the Estes Park Police Department receives found property items and seized evidence that remains secured within Town facilities (police evidence room or fish hatchery) until disposition. Colorado State Statute and Town ordinance provide explicit requirements for the legal disposal of these items. Typically, they are sold at auction or by some other means, with proceeds deposited to the Town's General Fund. In many instances, the retention of these items exceeds the one-year holding period required by Town ordinance, due to the staff time necessary to facilitate their proper disposition. Last year, the Police Department utilized PropertyRoom.com to dispose of these items. This company's services include picking up the property, repairing items before the sale to increase their value, selling the property, and splitting the proceeds (75% for Town RECORD OF PROCEEDINGS Public Safety Committee - April 26,2007 - Page 3 and 25% for PropertyRoom.com). The process allows the department to effectively dispose of the property and reduces the amount of staff time required. Staff recommends renewal of the annual contract with PropertyRoom.com. The Committee recommends approval of the annual contract with PropertyRoom.com. AMENDMENT TO ANIMAL CONTROL ORDINANCE PROHIBITING CATS RUNNING AT LARGE - REQUEST APPROVAL. The Police Department and Community Development Department received complaints of cats running at large and damaging property at residences within the Town of Estes Park. The Police Department researched the current animal ordinance for enforcement remedies and found the current ordinance does not address domestic cats. In order to be consistent with the current Ordinance 7.12.040 Dogs Running at Large Prohibited, staff crafted an amendment to include the domestic cat component and recommends approval. Ken Dahlgren, 575 Chapin Lane, strongly endorsed the adoption of the addition to the animal control ordinance stating there is a problem in his neighborhood with excessive numbers of cats and dogs running at large, and that this will give the police the tools required to take action. The Committee recommends approval of the amendment to the existing animal control ordinance prohibiting Domestic Cats Running at Large. MODEL TRAFFIC CODE REVISIONS - REQUEST APPROVAL. As per recommendations included in the 2005 Republic Parking study, staff initiated a renaming project of all Town owned parking lots. As a result of this project, the Town Board requested that staff review the Model Traffic Code Appendix. Staff initiated a comprehensive review uncovering several inconsistencies with Loading Zone Parking, Timed Parking, On-Street Parking and Speed Limit Signs listed within the Model Traffic Code appendix. Staff completed the comprehensive review and submitted the revisions to Town Attorney White who crafted an ordinance amending the appendix. Staff recommends approval of the submitted revisions and recommends sign placement as it relates to loading zones, timed parking, and missing signage, as identified during the comprehensive review. Signage costs for this project are $1,578.87, funded through the Street Department. The Committee discussed overnight parking in Town lots, which will be allowed by permit only, in a designated area of the CVB parking lot and by residents of downtown apartments/condos. The discussion addressed the addition of a designated loading zone in front of the properties at the east end of Elkhorn Avenue, changes to the timed parking regulations in loading zones, and access to the East Riverside Parking Lot off of Elkhorn Avenue. The Committee recommends approval of the revisions to the Model Traffic Code Appendix and sign placement at a budgeted cost of $1,578.87 from account #101-3100-413-25-25. CODE ENFORCEMENT OFFICER - REQUEST APPROVAL. At a recent 2007 study session, the Town Board made the decision to provide the Police Department with an additional position to provide Code Enforcement services to the community. The Police Department will assume Code Enforcement responsibilities on a full time basis once a qualified person is selected, with June 18, 2007 being the target start date for this position. Both the Community Development Department and Police Department will provide training for the new employee to ensure a smooth transition. The annual salary is consistent with the established/approved grade scales and ranges for 2007. Staff recommends approval of the addition of one full time position, Code Enforcement Officer, to the Police Department and requests re- RECORD OF PROCEEDINGS Public Safety Committee - April 26,2007 - Page 4 appropriation of 2007 budgeted funds to cover the wages of the position at a cost of $23,500.00 for the remainder of 2007 (6 months). The Committee recommends approval to add a Code Enforcement Officer to the Police Department and adding the item to the next Town Board agenda as an action item. COLORADO CLEAN INDOOR AIR ACT ORDINANCE - REQUEST APPROVAL. The Colorado Clean Indoor Air Act states that smoking is prohibited in "most indoor public places" and "the entryways of all buildings and facilities listed...' which includes public buildings. An entryway is defined as the outside of the front or main doorway leading into a building or facility. Smoking cannot take place within the specified radius of 15 feet from the entryway. The same stipulations are in blace in many establishments such as grocery stores, food service establishments, coffee shops, bars, bowling alleys, theatres, libraries, 75% of sleeping quarters within hotels/motels and places of employment open to the public. Currently, violations of the Colorado Clean Indoor Air Act are written into county court. In order for the Municipal Court to have jurisdiction over such violations, the Town of Estes Park must enact, adopt, and enforce smoking regulations that cover the same subject matter as the provisions of the act. Violations would be categorized as a Class Two Petty Offense and result in a fine not to exceed $200.00 for a first violation within a calendar year, a fine not to exceed $300.00 for a second violation within a calendar year, and a fine not to exceed $500.00 for each additional violation within a calendar year. Staff recommends adoption of the ordinance amending Title 9 of the Municipal Code for the purpose of incorporating the Colorado Clean Indoor Air Act. The Committee recommends approval of the ordinance as outlined. There being no further business, Chairman Newsom adjourned the meeting at 9:50 a.m. Cynthia Deats, Deputy Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, May 3,2007 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 3rd day of May 2007. Committee: Chairman Pinkham, Trustees Eisenlauer and Levine Attending: All Also Attending: Town Administrator Repola, Deputy Town Administrator Halburnt, Directors Pickering, Kilsdonk, Mitchell, and Joseph, Managers Marsh, and Winslow, and Deputy Clerk Deats Absent: None Chairman Pinkham called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None CONVENTION & VISITORS BUREAU. BOND PARK CABIN USE POLICY - REQUEST APPROVAL. Since the construction and opening of the Bond Park Cabin, two requests have been received regarding its use by local organizations. The CVB has operated the cabin for one season and studied the impact use by local organizations would have on its main function as a visitor information center. The cabin is carpeted and equipped as an informational facility and not suitable for use as retail space or as a location to dispense food and/or beverages. Following a discussion with the policy advisory committee, the recommendation was made to restrict the cabin's use and maintain it exclusively as a visitor information center. To preserve the professional image of the facility, staff recommends approval of the Bond Park Cabin Use Policy as presented. After a brief discussion, the Committee recommends approval of the Bond Park Cabin Use Policy with additional wording indicating compliance with the current sign code and the amendment to section 17.88.010 regarding banner locations is required. MUNICIPAL CODE REVISION TO BANNER LOCATIONS - REQUEST APPROVAL. Chapter 17.88 of the Municipal Code identifies three specific locations within the town limits where banners may be displayed. Current Code states banners are permitted on the side of the old visitor's center and next to the old Coffee Bar restaurant. Since the construction of the new Visitor's Center, banners have been displayed on a free- standing banner display in front of the building along highway 34. Moving the Coffee Bar location (which is not currently being used) into Bond Park would allow a banner to be displayed on the visitor information cabin. Staff recommends the Committee approve the change to the Municipal Code as it relates to these two banner locations. The Committee recommends approval of Ordinance #9-07 amending Section 17.88.010 Location of Banners. RFP FOR STANLEY PARK FAIRGROUNDS MULTI-USE BARNS - REQUEST APPROVAL. RECORD OF PROCEEDINGS Community Development - May 3,2007 - Page 2 In the 2007 Community Reinvestment budget, $50,000.00 was allocated for design of new stall barns at the Stanley Park Fairgrounds. Staff has assembled the requirements necessary for the functional design of the buildings and would like to send a request for proposals (RFP) to local firms for professional design services to create concept materials for the proposed barns. The materials will include concept drawings showing the scope of facilities, multi-use opportunities, and how the new barns will be sized to accommodate equestMan events as well as other shows. Furthermore, the materials will include two interior floor plans of the new barns and a four-color rendering of the exterior of the building. The fees will include all meetings and correspondence with staff and one presentation to the committee. Director Pickering stated staff has been researching the construction of two 220' x 130' metal buildings, as opposed to four buildings as outlined in the master plan, which would save money and still provide adequate horse stalls and assorted multi-use options. These options would allow for year-round use of the buildings and could include facilities such as an ice rink; tennis c9urts; indoor walking trail, driving range, or batting cages; and house activities like RV and boat shows. The benefits of taking on the entire project at one time and phasing the project are both being researched. Staff recommends an RFP be sent to solicit professional services for the creation of presentation materials for new stall barns at the Stanley Park Fairgrounds from budgeted monies in the Community Reinvestment Fund. The Committee discussed funding and timing of the project, noting that there is a high level of positive community interest in this type of facility, and requested the presentation materials be available for the June CDC meeting. The Committee recommends approval of an RFP to be issued for presentation materials to include floor plans and a four-color rendering of stall barns at the Stanley Park Fairgrounds at a cost not to exceed $4,000.00, budgeted in account #204-5400- 544-22-02. REPORTS. Reports provided for informational purposes and made a part of the proceedings. â€¢ CVB Marketing Committee â€¢ Communications Report â€¢ Visitors Services MUSEUM/SENIOR CENTER SERVICES DEPARTMENT. Dir. Kilsdonk stated an action item regarding a street closure for the Car Show will be taken to the next Public Safety meeting. Trustee Eisenlauer complimented Dir. Kilsdonk on the Fire Department exhibit at the Museum, and the Committee offered congratulations to Dir. Kilsdonk on her selection as a participant in the upcoming Connecting to Collections: The National Conservation Summit to be held in Washington, DC. REPORTS. Reports provided for informational purposes and made a part of the proceedings. â€¢ Museum Monthly Report â€¢ Senior Center General Report COMMUNITY DEVELOPMENT. REPORTS. RECORD OF PROCEEDINGS Community Development - May 3,2007 - Page 3 Reports provided for informational purposes and made a part of the proceedings. â€¢ Activity and Budget Summaries â€¢ Monthly Building Permit Summary The Committee requested information regarding building permits also be provided in a year-to-date quarterly format in order to provide a better comparison to previous year's figures. MISCELLANEOUS. Dir. Pickering reported that Estes Park was voted "Best Place for Families 2007" by Kids' Pages, a family magazine published in Aurora, Colorado. The award will be displayed at the CVB. Representatives of the Town of Estes Park met with County Commissioner Gibson recently to share information about the creation of the proposed marketing district. Information is being gathered to use to define marketing district boundaries and to identify and notify voters for the required election tentatively slated for Fall 2008. Dir. Pickering reported that despite high gasoline prices, current data indicates a positive outlook for tourism statewide. Dir. Joseph and Chief Richardson are working together to coordinate the smooth transition of the Code Enforcement Officer position from the Community Development Department to the Police Department. This change will allow for more aggressive code enforcement and allow the building department to maintain the level of service currently being provided. There being no further business, Chairman Pinkham adjourned the meeting at 9:20 a.m. Cynthia Deats, Deputy Town Clerk Estes Park Convention & Visitors Bureau Memo TO: Mayor Baudek, Town Board of Trustees From: Bo Winslow CC: Randy Repola Date: May 4,2007 Re: Revision to Municipal Code regarding Banner Locations BACKGROUND: The current Municipal Code has 3 specific locations for banners being displayed in the town limits. These can be found in chapter 17.88 of the Municipal Code. Two of the locations have had changes to their sites and the code needs to be updated to accurately reflect their true location. Under the current Municipal Code a banner is permitted on the side of the old visitors center. With the construction of a new center this location will be moved to a free standing banner display in front of the center along highway 34. The current Municipal Code also permits a banner next to the old Coffee Bar restaurant. It is suggested that this location be moved into Bond Park and be placed on the cabin. Attached is the draft revised ordinance for your review. BUDGET: N/A ACTION: The Town Attorney is suggesting the committee approve these changes to the Municipal Code. 1 ORDINANCE NO. 9-07 AN ORDINANCE AMENDING SECTION 17.88.010 LOCATION OF BANNERS, OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to amend a certain section of the Municipal Code of the Town of Estes Park, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That Section 17.88.010 Location of Banners shall be amended to read: (1) On the east side of the Visitor Cabin in Bond Park, four feet by eight feet (4' x 8') maximum. (2) In the right-of-way area west of the Highway 34 and 36 intersection, thirty feet by three feet (30' x 3') maximum. (3) On a free standing display in front of the Convention and Visitor Center Building along Highway 34, four feet by eight feet (4' x 8') maximum. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF 2007. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2007, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of ,2007. Town Clerk Estes Park Police Department Memo To: Honorable Mayor John Baudek and Town Trustees From: Lowell Richardson, Chief of Police CC: Randy Repola, Town Administrator Date: May 4,2007 Re: Parking Lot Name Changes and Model Traffic Code Revisions Background Staff initiated a renaming project of all Town owned parking lots as recommended by the Republic Parking study completed in 2005. A result of the renaming project was Town Board requesting staff to review the Model Traffic Code Appendix. They indicated apparent errors existed within the current appendix. Staff initiated a comprehensive review uncovering several inconsistencies with Loading Zone Parking, Timed Parking, On-Street Parking and Speed Limit Signs listed within the Model Traffic Code appendix. Staff completed the comprehensive revision of the Town's Model Traffic Code Appendix. These revisions were submitted to Town Attorney White who crafted an Ordinance Amending the Appendix. Budget/Costs Signage costs for this project are $1,578.87 which is funded through the Street Department's budgeted account #101-3100-431.25-25 as provided by Street Superintendent Dave Mahany. Recommendations Staff recommends approval of the additional submitted revisions and recommends sign replacement to begin once the amended appendix is approved by Town Board. 1 MODEL TRAFFIC CODE TOWN OF ESTES PARK - APPENDIX Amended January 234,2003 As Posted and Verified by the Police Department 06/24/03 *Amended September 28,2004 *Amended April 23rd, 2007 as Verified by Police Department MUNICIPAL PARKING LOT NAMES For enforcement purposes location and identification of each Town of Estes Park Municipal parking lot name is listed below: 1. Performance Park Parking Lot located on the north side of West Elkhorn Avenue in the 300 block 2. Spruce Parking Lot located on the east side of Spruce Drive and intersect of Cleave Street. 3. Tregent Parking Lot located on the east of Spruce Drive and intersect with West Elkhorn Avenue. 4. Big Horn Parking Lot located on the west side of Bighorn Drive and intersect with Cleave Street. 5. Moraine Parking Lot located on the west side of Moraine Avenue adjacent to Wiest Lane between Davis Street and Weist Lane. 6. Davis Parking Lot located on the west side of Moraine Avenue and intersect with Davis Street. 7. Virginia Parking Lot located at the intersects of west side of Virginia Drive and north side of East Elkhorn Avenue. 8. East Riverside Parking lot located at the intersects of the south side of East Elkhorn Avenue and east side of East Riverside Drive. 9. Riverside Parking Lot located at the intersects of the east side of East Riverside Drive and north side of Rockwell Avenue. ' 10. Post Office Parking Lot located at the intersects of the west side of East Riverside Drive between West Riverside Drive and East Riverside Drive. 11. West Riverside Parking Lot located on the east side of West Riverside Drive in the 100 block adjacent to the west bank of the Big Thompson River. 12. Town Hall Parking Lot located at the intersects of the east side of MacGregor Avenue and north side of East Elkhorn Avenue. 13. Visitor Center Parking lot located on the south side of Highway 34 adjacent to the north bank of the Big Thompson River one black east of Highway 34 and Highway 36 intersects. 14. South Visitors Center Parking Lot located on the northeast side of Highway 36 and two blocks southeast of Highway 34 and Highway 36 intersects. PARKING PERMITTED Timed parking will be in-force from the weekend prior to Memorial Day and be in effect until Labor Day. Signs will state parking limits enforced May-September. Hours of Timed Parking - 9:00 a.m. to 5:00 p.m. Seven days a week. May through September. 1 ON-STREET PARKING. 3-HR. LIMIT: Â· East Elkhorn (South side of Bond Park) Â· Park Lane, North side from 201 to MacGregor Ave Â· Park Lane, South side of street (North side of Bond Park) Â· Riverside Drive at Riverside Plaza, (West side of Riverside) Â· Moraine Ave 222 through 250 Â· Moraine Ave 231 through 251 Â· Moraine Ave from Wiest Drive south to the Moraine Restrooms Â· West Elkhorn Ave 112 through 134 (South side of street) Â· West Elkhorn Ave 119 through 125 (North side of street) Â· West Elkhorn Ave 215 through 235 (North side df street) Â· West Elkhorn Ave 208 through 230 (South side of street) PARKING LOTS, 3-HOUR LIMIT: Â· Virginia Drive Lot Â· West Riverside Drive Lot Â· Riverside Drive Lot (North of Rockwell Street, entire lot) Â· Post Office Lot (North end of lot) Â· Brownfield's Parking Lot (South of Elkhorn crosswalk light) PARKING LOTS, 30-MINUTE LIMIT: Â· Post Office Lot, South side 1/2 of lot (in front of Post Office) Â· 235 West Riverside Drive (East side of street, three spaces) ON-STREET, 30-MINUTE PARKING: Â·MacGregor Ave., East side of street, in front of Municipal Building (170 MacGregor Ave) NO-PARKING All loading zones - permitted loading/unloading only from 7:00 am to 12:00 pm, 7 - days a week. 3 - hour timed parking from 12:00 pm to 6:00 pm. Open parking from 6:00 pm to 7:00 am No overnight parking or camping in any Town owned parking lot or street unless posted or by permit only. No overnight parking of recreational vehicles in any Town owned parking lot. No parking during snow removal operations: Aspen, Birch, Columbine, Driftwood, and Elm Avenues, both sides of street 2 No parking at painted red curb locations. No parking at red or yellow striped/ markings locations. NO PARKING - LOADING ZONES Â· East Elkhorn 390 to 358 (South side of street - Loading Zone) Â· East Elkhorn Ave from 153 to 145 (North side of street - Loading Zone) Â· East Elkhorn Ave from 141 to 129 (North side of street - Loading Zone) Â· East Elkhorn Ave from 116 to 128 (South side of street - Loading Zone) Â· East Elkhorn Ave from 156 to 184 (South side of street - Loading Zone) Â· East Elkhorn Ave from 332 to 344 (South side of street - Loading Zone) Â· West Elkhorn Ave at Tregent Park (North side of street - Loading Zone) Â· West Elkhorn Ave from 111 to 119 (North side of street - Loading Zone) Â· West Elkhorn Ave from 191 to 213 (North side of street - Loading Zone) Â· 170 West Elkhorn (South side of street, 2 spaces) Â· West Elkhorn Ave from 144 to 134 (South side of street - Loading Zone) Â· 125 Moraine Ave (East side of street - Loading Zone) Â· Riverside Drive at Riverside Plaza driveway, (West side of Riverside - Loading Zone) Â· 111 Wiest Drive (Two spaces - Loading Zone) Â· Cleave Street - behind Old Church Shops (Loading Zone both sides of street) Â· Cleave Street - South side at intersection with Bighorn Drive - (Loading Zone / No Parking) Â· East Elkhorn Ave in front of 356 East Elkhorn - (South side of street - Loading zone). PARKING LIMITATIONS Visitors Center Overnight Parking By permit only in designated parking spaces as indicated by sign on the East side of the main parking lot. All other parking spaces day use only. No overnight parking of Recreational Vehicles. Fawn Lane No Parking Both sides of roadway MacGregor Ave/ No Parking Northeast corner, adjacent to Canyon Bypass Intersection Creeks Condominiums Big Horn Dr No Parking East side from Elkhorn Ave to driveway of 110 Bighorn Drive Cleave St. No Parking South side of Lawn Lane to 100' E. of Lawn Lane. North side, in front of 223 Cleave St. South side at Big Horn Dr. 3 No Parking/ South side, behind Old Church Shops Loading Zone Davis St. No Parking North side of Davis at Moraine Ave. E. Riverside Dr. No Overnight West side (vacant strip), 300 Block Parking Lawn Ln. No Parking West side, between Spruce Dr. & Cleave St. MacGregor Ave. Angle Parking Driveway of Municipal Building to Wonderview MacGregor Ave Diagonal Parking Park Lane, North to Wonderview - West side of street Virginia Drive No Parking 210 - 216 Virginia Drive, East side of street Moraine Ave. No Parking East side between 212 Moraine Ave to intbrsection of Elkhorn Ave. South side across from Elm Rd. Park Lane Angle Parking Only Both sides of road Park Lane No Parking From Elkhorn Ave to Crosswalk Spruce Dr. No Parking East side, between Cleave St. & Lawn Ln. Tregent Park No Overnight Parking lot Parking W. Elkhorn Ave. No Parking South side at Tregent Park (Restrooms) Loading Zone Wiest Dr. No Parking / From Moraine Ave to Wiest Street. Loading Only One way - East Only Highway 7 Parallel Parking East side, 100 Blk. of Hwy.'7 SPEED LIMITS: Aspen Ave. Both Directions 25 MPH Birch Ave. Both Directions 25 MPH 4 Big Horn Dr. South bound, 100' South of 20 MPH, SB Wonderview Ave. to W. Elkhorn Ave. SPEED LIMITS (cont'd.) : Big Thompson Ave. Hwy. 34, East of Hwy. 34/36 35 MPH, EB Inter. to .7 miles East of Hwy. 34/36 Hwy. 34, 1.4 miles East of 40 MPH, EB Hwy. 34/36 Inter. to City Limits 1.4 miles from City Limits to 35 MPH, WB Hwy. 34/36 Brodie Ave. From Fish Creek, WB/EB to 20 MPH, SZ Community Dr. School Zones 7:30am to 8:00am. and 3:00 p.m. to 3:45 p.m. 20 MPH, otherwise 25 MPH Carriage Dr. From Hwy. 7, EB to Lakeshore Dr. 25 MPH Cleave St. Both Directions 20 MPH Columbine Ave. Both Directions 25 MPH Community Dr. Hwy. 36/Community Dr to 30 MPH, SB/NB Manford Ave. Hwy. 7/Community Dr., N. to 20 MPH, SZ Manford Ave. Intersection Driftwood Ave. Both sides 25 MPH E. Elkhorn Ave. Hwy. 34/36 Inter. to Park Ln. 25 MPH Hwy. 34/36 Inter. to Park Ln. 25 MPH, WB at E. Elkhorn Ave. E. Riverside Dr. W. from E. Elkhorn Ave. to 20 MPH, WB/EB Moccasin Bypass 5 SPEED LIMITS (cont'd.): Elm Ave. Both Directions 25 MPH Far View Dr. "S" curve, 0.1 mi. N. of Far View/ 20 MPH, NB W. Elkhorn Ave. Intersection Fish Hatchery Rd. At Fall River Rd. 30 MPH, WB Grand Estates Dr. Both directions 30 MPH Graves Ave. From Hwy. 7 WB/EB to Community 20 MPH, SZ, EB/WB Heinz Parkway High Dr. North to City Limits 20 MPH, NB High Drive Heinz Parkway West to City Limits 30 MPH, WB Highway 7 Hwy. 36 South to Stanley Ave. 35 MPH, SB North from Stanley Ave. 35 MPH, NB Hwy. 36/7 Inter. South to. 35 MPH, SB Lexington Ln. at Dunraven 35 MPH, NBSB at 4 TH St. 35 MPH, SB at High St. 35 MPH, NB at Graves Ave. 35 MPH, SB at Morgan St 25 MPH, SZ, NB at Golf Course Rd. 35 MPH, NB at Twin St. 50 MPH, SB at Scott Ave. 50 MPH, NB at Carriage Dr. 50 MPH, SB at Carriage Dr., just south of 50 MPH, NB Highway 34 Hwy. 34/36 Inter. East to .1 mile 35 MPH, EB from Steamer Dr. 6 SPEED LIMITS (cont'd.): From Steamer Dr. East to 35 MPH, EB Elk Trail Ct. From City Limits West to 40 MPH, WB W. Grand Estates Dr. W. Grand Estates Dr. West 35 MPH, WB to 34/36 Intersection at Dry Gulch Rd. 40 MPH, WB at Lakefront St. 40 MPH, EB Highway 36 Hwy. 34/36 Inter. East to 35 MPH, EB Hwy. 7/36 I nter. West from Hwy. 7 to .3 miles 35 MPH, WB on Hwy. 36 .3 miles Hwy. 36 to Hwy. 34/36 Inter. 25 MPH, WB 2nd St., East to 4~h St. 45 MPH, EB 4~ St. to City Limits 50 MPH,EBANB 4th St. West to 2nd St. 45 MPH, WB 2nd St. West to Hwy. 36/7 Inter. 35 MPH, WB at Fish Creek Rd. 50 MPH, WB at Community Dr 50 MPH, WB at Hwy. 36/7 Inter., just West of 35 MPH, WB Larkspur Dr. From Carriage Dr. SB/NB to 25 MPH Town Lim its MacGregor Ave. 25' North of Wonderview Ave. 30MPH, NB/SB To MacGregor Ranch Mary's Lake Rd. 200' South of Moraine Ave. 30 MPH, SB to Town Limits Manford Ave. From EPHS WB/EB to Hwy. 7 20 MPH, SZ 7 SPEED LIMITS (cont'd.): Moccasin Bypass South from Riverside Dr. to 25MPH, SB/NB Prospect Ave. (Except .3 miles East of Riverside Dr.) 20 MPH Moraine Ave. .1 mile East of Mary's Lake Rd. to 35 MPH, EB (Hwy. 36) .1 mile West of Davis St. .1 mile West of Davis St. to Elkhorn Ave. 25 MPH, EB 200' North of Davis St. to .2 miles 25 MPH, WB West of Davis St. .2 miles West of Davis St. to City Limits 35 MPH, WB From Crags Dr. to Moraine/Elkhorn 25MPH, NB/SB Peak View Dr. From Hwy. 7 EB/WE; to Town Limits 35 MPH Ponderosa Dr. From Stanley Ave. SB/NB to Morgan Ln. 25 MPH, SB Prospect Ave. Stanley Ave. to Moccasin Cir. Dr. 25MPH, EB/WB West from Stanley Ave. to Fir Ave. 25 MPH, EB/WB Riverside Dr. From West Town Limits to 100' West of 30 MPH, WB/EB Prospect Village Dr. Rockwell St. From Moraine Ave. to East Riverside Dr. 25 MPH, EB Scott Ave. From Hwy. 7 EB/WB to Fish Creek Rd. 25 MPH Stanley Ave. West from Hwy. 7 to Hwy. 36 30 MPH, WB From Hwy. 7 NB/SB to Prospect Ave. 30 MPH Stanley Cir. Circles Stanley Ave. 30 MPH, WB/EB Steamer Dr. .05 miles from Hwy. 34 to Town Limits 20MPH, NB/SB Twin Dr. From Hwy. 7 EB/WB to Peak View Dr. 30 MPH Virginia Dr. West from Park Ln. to Big Horn Dr. 20 MPH, EB, M W. Elkhorn Ave. Big Horn Dr. to .2 miles West of Spruce 20 MPH, WB Dr. (Posted at 157 W. Elkhorn Ave.) 8 SPEED LIMITS (cont'd.): .2 miles West of Spruce Dr. to .1 miles 35 MPH, WB West of Old Ranger Rd. .1 miles West of Old Ranger Rd. to 40 MPH, WB Town Limits 1,000 Yds. East of Valley Rd. to 100 35 MPH, EB Yds. West of Spruce Dr. Far View Dr. to .3 mi. West of Wiest Dr. 35 MPH, EB .3 mi West of Wiest Dr. to Moraine Ave. 20 MPH, EB W. Riverside Dr. West to Crags Dr. from Ivy St. 20 MPH, WB/EB Wonderview Ave. .1 miles East of MacGregor Ave. to 40 MPH, EBANB (Bypass) Town Limits 1.25 miles East of W. Elkhorn Ave. 35 MPH, EB to Hwy. 34/36 Inter. Dated this day of ,2007. TOWN OF ESTES PARK Traffic Engineer 1, Jackie Williamson, Town Clerk, Town of Estes Park, Colorado, do hereby certify that the above and foregoing is a true copy of the Appendix to the Model Traffic Code for Colorado Municipalities, Revised 2003, on file in my office as part of the official records of the Town of Estes Park. Dated this day of ,2007. Town Clerk 9 East End Riverwalk Condo Association 356 East Elkhorn Avenue, Estes Park, CO 80517 March 3,2007 Mr. Greg Sievers, Town of Estes Park P.O. Box 1200 Estes Park CO 80517 Mr. Lowell Richardson Estes Park Police Department P.O Box 1287 Estes Park, CO 80517 Dear Mr. Sievers and Mr. Richardson, I am writing to each of you on behalf ofthe twelve businesses in the commercial condos known as the East End Riverwalk Condo Association, 356 East Elkhorn Avenue. As you already know, we have a smallloading zone in the front of our building which is often used by patrons trying to get in and out of various businesses in our building. We also have many "freight or loading" type vehicles trying to use this area on a daily basis. This has presented a problem for our wonderful customer base that frequents our establishments. In the summer, the lots across the street and the smalllot to the west of our building seem to be constantly full. We have put our heads together and have a proposal for you. We would like to see the parking area directly in front ofthe building that houses Ed's Cantina and Trail Ridge Outfitters become a timed parking area. If it were to be a 15 or 30 minute parking area, our patrons may have a chance of obtaining a parking spot. It would also be beneficial to see the small parking lot just to the west of our building (between us and Brownfield's) become a 15 or 30 minute timed lot as well. Ifthese areas which amount to about nine parking spaces were short term parking, our patrons would have a greater chance to use these lots rather than attempt to use the loading zone in front of our building. If there is any other action that we need to take to see this through, please advise us. Thanks in advance for your help with this matter. Sincerely, Tamara Jarolimek President, East End Riverwalk Condo Association Estes Park Police Department Memo To: Honorable Mayor John Baudek and Town Trustees From: Lowell Richardson, Chief of Police CC: Randy Repola, Town Administrator Date: May 2,2007 Re: Cat Ordinance 7.12.040 Background The Police Department and Community Development Department received complaints of cats running at large and damaging property at residences within the Town of Estes Park. The Police Department researched the current animal ordinance for enforcement remedies and found the current ordinance does not include Domestic Cats. In order to be consistent with the current Ordinance 7.12.040 Dogs running at large prohibited, staff crafted a recommended amendment to include the domestic cat component. Budget/Costs N/A Recommendations Police Department Staff recommends the approval of the amendment to the existing animal control ordinance prohibiting Domestic Cats Running at Large. 1 ORDINANCE NO. 11-07 AN ORDINANCE AMENDING CHAPTER 7.12 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO FOR THE PURPOSE OF INCLUDING DOMESTIC CATS WITHIN THE PROHIBITION OF ANIMALS RUNNING AT LARGE AND ADDING CERTAIN EXEMPTIONS FROM THIS PROHIBITION FOR DOGS WHEREAS, the Town of Estes Park has determined that cats need to be prohibited from running at large within the Town of Estes Park; and WHEREAS, the Town has determined that exception to the prohibition of dogs running at large needs to include dogs under the control of a law enforcement agency and dogs not under restraint within designated dog parks within the Town of Estes Park; and WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, has determined it is in the best interest of the Town to amend the Municipal Code of the Town of Estes Park, Colorado by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: Sections 7.12.040 and 7.12.050 of the Municipal Code shall be amended to read as follows : Section 7.12.040 Dogs or cats running at larae prohibited. (a) Every person owning or having charge, care, custody or control of any dog or cat shall keep the dog or cat exclusively upon his or her own premises, except that the dog or cat may be off the premises if it is under the effective control of a person. The dog or cat shall be construed to be under the effective control of a person as follows: (1) Confinement within a vehicle, fencing or other adequate enclosure where the dog or cat has no access to a passerby; or (2) Attachment to a leash and held by a person of sufficient size and strength to restrain the dog or cat. (b) Notwithstanding the provisions of Sub-section (a) of this Section, a dog or cat shall be deemed to be not under effective control of a person as follows: (1) Every female dog or cat in heat or in season shall be confined in a building or secure enclosure in such a manner that the female dog or cat cannot come into contact with a male dog or cat for planned breeding; (2) The dog or cat inflicts damage or injury to the person or property of someone other than its owner, custodian or possessor; or (3) A dog or cat is tethered on the premises of its owner, custodian or possessor such that it has access to a passerby on a public street, sidewalk or right-of- way. (c) Nothing herein shall restrict the ordinary uses of seeing-eye dogs. (d) Dogs under the control of a public law enforcement agency and dogs not under restraint within a designated dog park within the Town of Estes Park are exempt from Sub-paragraph (a) above. Section 7.12.050 Imgoundment: when. When any animal control officer or police officer finds a dog or cat within the Town, off the premises of its owner, possessor or custodian, and in violation of Section 7.12.040 of this Code, said dog or cat shall be impounded by such officer. Section 2: 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 , 2007. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2007, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of ,2007. Town Clerk 2 Memorandum To: Mayor Baudek Board of Trustees From: Jacquie Halburnt C: Randy Repola Date: May 4,2007 Subject: Colorado Clean Indoor Air Act Background: Currently, violations of the Colorado Clean Indoor Act would be written into county court. In order for our municipal court to have jurisdiction over such violations, we must enact, adopt and enforce smoking regulations that cover the same subject matter as the provisions of the act. Violations would be a class 2 petty offense and result in a fine not to exceed $200 for a first violation within a calendar year, a fine not to exceed $300 for a second violation within a calendar year and a fine not to exceed $500 for each additional violation within a calendar year. The Colorado Clean Indoor Act states that smoking is prohibited in "most indoor public places" and "the entryways of all buildings and facilities listed..." which includes public buildings. Entryway is defined as the outside of the front or main doorway leading into a building or facility. Smoking cannot take place within the specified radius of 15 feet from the entryway. The same stipulations are in place in many establishments such as grocery stores, food service establishments, coffee shops, bars, bowling alleys, theatres, libraries, 75% of sleeping quarters within hotel/motel and places of employment open to the public. Recommendation: Staff recommends adoption o f the attached ordinance, which was written by Greg White. ORDINANCE NO. 12-07 AN ORDINANCE AMENDING TITLE 9 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO FOR THE PURPOSE OF ADDING CHAPTER 9.36 TO THE MUNICIPAL CODE INCORPORATING THE COLORADO CLEAN INDOOR AIR ACT WHEREAS, in 2006, the State of Colorado enacted the Colorado Clean Indoor Air Act, Sections 25-14-201 C.R.S. et seq.â€ž (the "Act") to protect nonsmokers from involuntary exposure to environmental tobacco smoke in most indoor areas open to the public, public meetings, food service establishments, and places of employment; and WHEREAS, Section 25-14-207 (2)(a) C.R.S. of the Act provides that the Town of Estes Park may enact, adopt, and enforce the smoking regulations as set forth in the Act by the adoption of an Ordinance; and WHEREAS, Section 25-14-207 (2)(b) C.R.S. provides that the Municipal Court of the Town of Estes Park will have jurisdiction over violations of the regulations of the Act upon adoption of this Ordinance; and WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, has determined it is in the best interest of the Town to adopt by reference in this Ordinance the rules and regulations of the Colorado Clean Indoor Air Act. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: Title 9 - Public Peace, Morals and Safety of the Municipal Code shall be amended by the addition of Chapter 9.36 as follows: Chapter 9.36 The Colorado Clean Indoor Air Act 9.36.010 - The Colorado Clean Indoor Air Act - It is unlawful for any person to violate any provision of Sections 25-14-201 et seq. C.R.S. known as the Colorado Clean Indoor Air Act within the Town. Section 2: 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 , 2007. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2007, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of ,2007. Town Clerk 2 t... Estes Park Police Department Memo TO: The Honorable Mayor John Baudek and Town Board of Trustees From: Lowell Richardson, Chief of Police Bob Joseph, Community Development CC: Randy Repola, Town Administrator Date: May 4,2007 Re: Code Enforcement Officer Background At a recent 2007 study session, the Town Board made the decision to provide the Police Department with an additional position to provide Code Enforcement services to the community. The Police Department will assume Code Enforcement responsibilities on a full time basis once a qualified person is selected; June 18*, 2007 being the target start date for this position. Both the Community Development Department and Police Department will provide training for the new employee to insure a smooth transition. In the past ten years the work load of the Protective Inspection Department (Building) has doubled, as indicated by the permit valuation chart attached. The past two years fit this trend line. Although the vacant land supply will gradually shrink, we are seeing very strong activity in renovations and more recently with scrape-offs. The staff time freed up inside the Protective Inspection Dept. will be re-allocated to sustain our service levels in this department under the growing work load. Meanwhile, the level of code enforcement will be increased. In the past, code violations have been handled in a reactive manner. By moving the responsibility to the Police Department, the Town will now be proactively enforcing the municipal and development codes. The approach will not be much different, in that the first objective will be to gain voluntary compliance (with verbal and written warnings). However, there will likely be more citations issued for violations as the Town's investment in a higher service 1 level for code enforcement brings pressure on violators that do not respond to warning notices. Building Permit Valuations 1995 - 2006 $45,000,000 - -- $40,000,000 711!124(11:*'â‚¬ii_~ $35,000,000 --= $30,000,000 - fR,l M $25,000,000 Â¢{~::~* &6 _ M 0 - Mr I~ $20,000,000 - - - - - - $15,000,000 ---p~~~~ - -~ - -.-- - -- -- - - - $10,000,000 - - ----- - - - --- -- $5,000,000 - - - - - - - - - - - - - - $0 , , i i - '' ~- - 4* 4, 4* 4%* 49* Ap 40 40 4p Lf' 4, *P *490 444' ' y y 10 0 0 $ 1 '.6Â§*. '96Â§0 Budget/Costs Staff estimates that the additional cost to the Police Department for the remainder of 2007 (6 months) will be $23,500. The annual salary is consistent with the established/approved grade scales and ranges for 2007. If current year savings are inadequate to cover the additional expense, a supplemental appropriation fro the above amount will be brought to the Town Board at year end. Recommendations Staff requests approval of the additional position to the Police Department of one full time employee as Code Enforcement Officer. â€¢ Page 2 lA . 9%