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