MEMORANDUM - Salida, Coloradocityofsalida.com/_site/wp-content/uploads/CityCouncil-Worksession...9...

MEMORANDUM

Work Session Date: October 16, 2017 at 6:00 p.m. City Council Chambers 448 East 1st Street, Room 190 City of Salida, Colorado

To: Mayor and City Council

From: Larry Lorentzen, City Administrator

Re: Work Session Items

Discussion Points

1. Joint work session with the Planning Commission to preview proposed PlannedDevelopment for 1520 US-50 (former Town and Country dealership). Applicant: DuaneCozart.

2. Smoking in Public Places-Code Expansion including Tobacco and E-Cigarettes3. Third & D Street, 4-way Stop Sign traffic survey discussion4. 2017 Budget Draft – Larry Lorentzen

October 16, 2017 City Council Worksession Packet of 97

The Village Old World Italian Village

An Salida 24 LLC Planned Development

Salida City Work Session October 16th, 2017 6:00 PM Council Chambers Attending: Arthur Duane Cozart Construction Management Services Project Manager Design Manager Lonnie Phelps P.E. Phelps Engineering Civil Engineer Design Consultant


The Development: Located at 1520 W US Hwy 50, Salida, CO 81201. Currently the property for the new development is 3.15 acres in-between the empty 7-11 building (on the East side of property) and the Gateway Motel (on the West side of the property) fronting Hwy 50 with approximately 335’ feet of Hwy frontage. To the North of the Property is the Lowery residence/equipment yard. The 505 Apartments are just to the west of the Lowery property and have only about 20’ of property that touches the development. To the North of the 7-11 is a new project with Dieslin/Harder team (this property is to the East of the development and the final grade from their project is approximately 8-10 feet below the current grade of our development) is constructing 2 story town homes for sale to the public. Currently onsite the property for development has an existing building (Old Dealership car sales building including service), several large tall exterior lights, and approximately 2.5 acres of asphalt. The asphalt and lights will be removed immediately upon approval of the PD, and the building will stay until phase 3 starts (the last Phase). The existing building will be used for sales, staging, storage, pre-construction, shop.


The PD consists of 7 buildings surrounding a plaza in the center of the property. Four buildings will have the entire first floor as 8 commercial condo spaces (for sale or rent), The second floor will be residential condo units, with 4 Studio units and 2-One Bedroom units per floor (see floor plan), and this same configuration will also be the same for the 3rd and 4th floors. Then there are 3 buildings that will each have 3 ADA approved units on the first floor and 4 commercial condo units. The remaining floors for these buildings will be the same as the first 4 buildings. There is also a 2 Bedroom plan that is still being designed. The Concept: Bring to Salida an affordable housing solution that meets the needs of the community for housing, drives retail on Hwy 50 Corridor, Develops a unique community that brings several income levels together for a mountain town experience, work force housing that is within 1 mile of Downtown District and on the Hwy 50 corridor for easy employment opportunities. Delivering the Concept: Thru a concerted effort between government, private sector, and the community, deliver the following to our City to meet the needs of all of the above.

1 Small footprint of building to favor more green space and parking. To do this we designed a 4 story building (4


stories for scale economy and small foot print design, plus delivers lower cost to community for housing, more energy efficient)

2 Commercial space first floor. Will give many entrepreneurs a place to work and live, Gives people a place to work in a desirable location with great frontage, Deliver a unique shopping/dining experience. A place for an Attorney, Engineer, CPA, Dentist, Doctor, Salon, or other professional to have affordable space to buy. Each unit will have condo space from 385 sq ft ($220/sq ft Estimate for shell space) to 525 sq ft. Or take the entire floor (4000 sq ft) They also have the choice to lease, or lease purchase. Affordable, flexible, modular, scalable.

3 Second Floor has 28 designated Deed Restricted, Down Payment Assisted, studios and 1 bedroom units. The price point for a 527 sq ft Studio will meet the 45% AMI level for the City of Salida. The concept of the deed restrictions are as follows: A. Income qualify at the 70% AMI level or below for studios, and !00% AMI or below for 1 bedroom units. (Perpetual) B. Maximum yearly increase of price of unit shall not exceed 2% (Negotiable) per annum from purchase date. (Perpetual) C. Down Payment Assistance program. The City of Salida dedicates funds to the DPA (Down Payment Assistance


program) (these funds will be from the developer, the developer ask to remove the open space fee for this project, and the developer will designate these same monies for the DPA). The DPA can be perpetual as the money can be returned to the fund with the sale of the unit and recycled for the next buyer. Several current agency’s should be able to assist with the management of this program.

4 Remaining second floor units will be designated for Master lease with either the City of Salida, School District, or other government agency that needs affordable housing for their employees. This will be a reduced rent with a long term lease adjustable annually based on the CPI Housing numbers.

5 Third and fourth floor units will be free market units with no restrictions on price or qualification. This allows the developer to bring a product to Salida not found anywhere in Chaffee County. (the 4th floor is the key element of this project in Salida, without the fourth floor this project will not move forward)

6 Plaza for people to enjoy (no traffic or cars allowed) and a dedicated dog park for our little buddies. BBQ, benches, grass, trees, gazebo, etc.

7 Old World feel, cobble road and sidewalks, stone facades, concrete benches, Café outdoor seating, gas lamp (LED) light poles.

8 Energy efficient designs (meets and/or exceeds state and Federal requirements for energy design).


9 Condo Association set up as follows: A Master Assn for the entire site B Residential Assn under the Master Assn. Deals with issues specifically for the residential Condo owners. C Commercial Condo Owners Assn. Deals with Issues specifically with the Commercial Owners Assn.

Conclusion: 135 Residential Condo units (28 Dedicated for Deed Restricted) 44 Commercial units for lease or purchase. Plaza for all to enjoy Energy Efficient Strategically located for impact, design, close to Downtown A unique neighborhood experience not found in Chaffee County.

Sincerely Arthur Duane Cozart Project Manager


FIRST FLOOR COMMERCIAL


SECOND FLOOR RESIDENTIAL


The Training & Technical Assistance Team at the Colorado School of Public Health (CSPH TA) created this document as an educational resource for Chaffee County Public Health. CSPH TA provides information, education and technical assistance on issues related to tobacco and public health. Current language from Salida’s municipal code is in black text. Recommendations or CSPH comments are in blue text. CSPH TA does not provide legal representation or legal advice. This document should not be considered legal advice or a substitute for obtaining legal advice from an attorney who can represent you. We recommend that you consult with local legal counsel before implementing any of these measures.

ARTICLE XI. - SMOKING IN PUBLIC PLACES

Sec. 10-11-10. - Legislative declaration.

The City of Salida hereby finds and determines that it is in the best interest of the people of this City to protect nonsmokers from involuntary exposure to environmental tobacco and marijuana smoke in City parks, trails and buildings owned by the City. The City further finds and determines that a balance should be struck between the health concerns of non-consumers of tobacco and marijuana products and the need to minimize unwarranted governmental intrusion into, and regulation of, private spheres of conduct and choice with respect to the use or nonuse of tobacco and marijuana products in certain designated public areas. Therefore, the City hereby declares that the purpose of this Article is to preserve and improve the health, comfort and environment of the people of this City by limiting exposure to tobacco and marijuana smoke.

CSPH TA Comments: Salida’s Code currently prohibits cigarette and marijuana smoking in parks, trails and buildings owned by the City. Local decision makers could consider adding more smoke-free protections in indoor and outdoor areas where the public remains vulnerable to unwanted secondhand exposure including the City-owned Steam Plant. When decision makers balance public smoke-free protections with governmental oversight it is important to remember that the U.S. Surgeon General has repeatedly said that there is no safe level of exposure to secondhand smoke i and that even brief exposure to secondhand smoke can be harmful to health. ii Additionally, smoke-free laws in public places are not unconstitutional because there is no constitutional right to smoke. CSPH TA also recommends adding protections to local code that prevent exposure to electronic smoking devices (e-cigarettes, vape pens etc.) and other tobacco products in public places. Public use of electronic smoking devices can result in non-users being passively exposed to nicotine, ultrafine particles and volatile organic compound iii (particularly problematic for vulnerable populations such as children, pregnant women and individuals with heart disease) iv and public electronic smoking device use where smoking is not allowed can make enforcement of existing smoke-free laws more challenging. With respect to other tobacco products and local priorities, Salida may want to evaluate the impact of public use of other tobacco products as they relate to youth exposure to alternative tobacco products, litter, and even harm to wildlife. Sec. 10-11-20. - Definitions

As used in this Article, the following words and phrases are defined as follows:

Electronic Smoking Device means any device that when activated emits a vapor, aerosol, or smoke or can be used to deliver nicotine or any other substance to the person inhaling from the device, including, but not limited to e-cigarettes, e-cigars, e-pipes, vape pens, e-hookahs, inhalant delivery systems or any other similar product by any other name or descriptor. An electronic smoking device includes any component,


part or accessory of such device whether or not sold separately, regardless of nicotine content or any other substance intended to be vaporized or aerosolized for human inhalation during the use of the device. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

CSPH TA Comment: Add the definition of electronic smoking devices to local Code.

Entrances/Exits means the passageways by which persons may enter or exit a building or facility, typically consisting of a door or doorway. For the purposes of this chapter, this includes the stoop, steps, or ramp leading from the sidewalk or pavement to such a door or doorway.

Indoor Public Place means any enclosed area or portion thereof. The opening of windows or doors, or the temporary removal of wall panels, does not convert an indoor area into an outdoor area.

Outdoor Public Place means any area not specifically characterized as an indoor public place.

CSPH TA Comment: We recommend explicitly defining “entrances/exits,” “indoor public place,” and “outdoor public place” in Salida’s Code. Although these definitions may seem obvious, inclusion of this language may prevent difficulties experienced in other communities without these terms defined in local code.

Marijuana shall have the same meaning as set forth in Section 6-3-10 of the Salida Municipal Code.

Public area means City parks and City trails and any building owned or operated by the City except the Steam Plant.

Reasonable Distance means a distance that ensures that people located within an area where smoking and tobacco product use] is prohibited are not exposed to secondhand smoke created by smokers outside the area. This distance shall be a minimum of [twenty-five (25 feet)] in any direction.

CSPH TA Comment: Research indicates that non-smokers are exposed to detectable levels of secondhand smoke outdoors twenty-three feet from someone who is smoking. Moreover, smoke can drift back into buildings when smoking is not prohibited within a reasonable distance from building entrances and exits. We recommend that smoking is not allowed within twenty-five feet of those not smoking in public places.

Smoke means the emissions or release of gases, particles, vapors or aerosols into the air from burning, heating or activation of any device, including, but not limited to a cigarette, electronic smoking device, e-cigarette, vape pens, e-hookahs or any other product by any name or descriptor when the apparent or usual purpose of burning, heating or activation of the device is human tasting and inhalation.

Smoking means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco or marijuana.

Smoking means the act of burning, heating, activation or carrying of any device, including, but not limited to a cigarette, cigar, pipe, hookah, or electronic smoking device, electronic cigarette, vape pen, e-hookah or similar device, by any other product name or descriptor, that results in the release of smoke, vapors or aerosols when the apparent or usual purpose of the burning, heating or activation of the device is human inhalation.

CSPH TA Comments: We prefer to define “smoke” and “smoking” separately. Consider adding the definition of “smoke” and amending the current definition of “smoking” currently in Code with the language above. The sample language is broader in scope and our preferred language defines smoking as the act of burning, heating, activation


or carrying of a cigarette, electronic smoking devices or similar devices as regulated actions. We prefer not to limit our definition of smoking devices to only include tobacco or marijuana because many of these devices used do not contain either substance.

Tobacco means cigarettes, cigars, cheroots, stogies, and periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour; Cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. Tobacco also includes cloves and any other plant matter or product that is packaged for smoking.

Tobacco Product means:

(a) any product containing, made, or derived from tobacco or synthetic tobacco whether or not said product contains nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and

(b) Any Electronic Smoking Device; and (c) Notwithstanding any provision of subsections (a) and (b) to the contrary, “Tobacco Product” includes

any component, part, or accessory of Tobacco Product, whether or not sold separately.

CSPH TA Comment: The definition of tobacco product above is approved by CDPHE and is an updated version of definition of tobacco currently in Salida’s Code.

Sec. 10-11-30. - General smoking restrictions.

1) Smoking shall be prohibited in public areas as defined in Section 10-11-20.

CSPH TA Comments: Our recommendation is to consider additional smokefree, tobacco product or electronic smoking device protections in public places including the Steam Plant. Options for consideration include:

o No smoking, tobacco product or electronic smoking device use within a twenty-five (25’) foot radius from all building entrances and exits;

o No smoking, tobacco product or electronic smoking device use on outdoor dining areas and patios; o No smoking, tobacco product or electronic smoking device use 000’ (or 500’) from schools or youth

centered facilities (daycare centers, youth clubs); o No smoking, tobacco product or electronic smoking device use at bus stops and transit waiting

areas; o No smoking, tobacco product or electronic smoking device use in Tobacco Retail businesses; o No smoking, tobacco product or electronic smoking device use in other community specific

locations.

CSPHA TA Comments: Note that CSPH TA has added provisions to the General smoking restrictions Sec. 10-11-30 in local Code and numbered the provisions in the section rather than adding additional sections to Code. This format is only an option and left to the discretion of the City.

2) Signage Required. A person, employer or other entity that has legal or de facto control of an area in which Smoking and use of Tobacco Products and Electronic Smoking Devices is prohibited by this Article


https://www.municode.com/library/co/salida/codes/code_of_ordinances?nodeId=CH10GEOF_ARTXISMPUPL_S10-11-20DE

shall post a clear and conspicuous “No Smoking and Use of Tobacco Products or Electronic Smoking Devices” signs as follows: a. At each point of ingress to the area, and in other conspicuous location(s); and b. Signage with letters of no less than one inch in height; and c. Signage posted on the exterior of buildings to comply with this section shall include the Reasonable

Distance requirement set forth in Section 10-85(A) (5); and d. At least one sign conspicuously placed in each place where Smoking and the use of Tobacco Products

and Electronic Smoking Devices are prohibited with the Town phone number where complaints can be directed.

e. For purposes of this Section, the City Manager or his/her designee shall be responsible for the posting of signs in regulated places owned or controlled in whole or in part by the City.

f. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a violation of any provision of this Article.

CSPH TA Comments: Signage to identify where smoking is not permitted is not required in local Code. Signage is an important element of a smoke-free ordinance to 1) educate the public about public use of these products and 2) to help with enforcement of the law. The example language provided above should be discussed/reviewed with the City (i.e. City Administrator, Planning Commission, Recreation Director, and other City staff) as Salida’s Code has established requirements about time, place and manner of signage on property within the City’s jurisdiction. Below is a link to the signage requirements in Salida:

https://www.municode.com/library/co/salida/codes/code_of_ordinances?nodeId=CH16LAUSDE_ARTXSIST_S16-10-70SIME

Sec. 10-11-40. - Optional prohibitions.

The owner or manager of any business may post signs prohibiting smoking or providing smoking and nonsmoking areas. Such posting shall have the effect of including such place, or the designated nonsmoking portion thereof, in the places where smoking is prohibited or restricted pursuant to this Article.

Sec. 10-11-50.- Unlawful Acts; penalty; disposition of fines and surcharges.

(a) It is unlawful for a person to smoke in an area where smoking is prohibited pursuant to this Article. (b) A person who violates this Section, upon conviction thereof, shall be punished by a fine only pursuant to Section 1-4-20 of the Salida Municipal Code.

i U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. Printed with corrections, January 2014. Available at: http://www.cdc.gov/tobacco/data_statistics/sgr/50th-anniversary/index.htm

ii Centers for Disease Control and Prevention. Best Practices for Comprehensive Tobacco Control Programs — 2014. Atlanta: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. Available at: http://www.cdc.gov/tobacco/stateandcommunity/best_practices/pdfs/2014/comprehensive.pdf

iii Saffari, A. et al. (2014). Particulate Metals and Organic Compounds from Electronic and Tobacco-Containing Cigarettes: Comparison of Emission Rates and Secondhand Smoke Exposure. Environmental Science Processes & Impacts, 16(10), pp 2259-67. Flouris, A.D. et al. (2013). Acute Impact of Active and Passive Electronic Cigarette Smoking on Serum Cotinine and Lung Function. Inhalation Toxicology, 25(2), pp 91-101.

iv Ibid.




https://www.municode.com/library/co/salida/codes/code_of_ordinances?nodeId=CH1GEPR_ARTIVGEPE_S1-4-20GEPEVI

http://www.cdc.gov/tobacco/data_statistics/sgr/50th-anniversary/index.htm

http://www.cdc.gov/tobacco/stateandcommunity/best_practices/pdfs/2014/comprehensive.pdf

Terry Clark, Chief of Police

MEMORANDUM TO: Dara MacDonald, City Administrator

FROM: Chief Terry Clark DATE: January 28, 2015 SUBJECT: 3rd and Dst Dara,, I have reviewed the 3rd and Dst intersection question of making it a 4 way stop intersection. Using the MUTCD as a guide I do not believe it fits the criteria for turning this intersection in to a 4 way stop. (Attached two relevant sections of the 2009 MUTCD below narrative) 1.Crashes- I can not find any reported in the past five years that are intersection related. The model looks at 5 or more in a 12 month period, directly involved at the intersection. 2. Line of Sight- Sight Distance. I have looked at this and asked a few other officers to look at it and we all agree the sight distance is adequate. 3. The 4 approaches are all set at 45 dg angles- no offsets or odd angled approaches. 4. Numbers of vehicles- I do not have a counter but the model calls for at least 300 vehicles per hour- I do not think we would come close to this on most days. 5. Speed—I don’t see this as an issue but will conduct a three part speed study. 6. Equal Traffic Volume- Again we would need a counter but my opinion is Dst traffic is considerably more than 3rd st volume. At this time I could not support installing 4 way stops. Beyond the MUTCD- I do not see why we would want to change this to a 4 way stop. No accidents, Bike or pedestrian accidents. I have had no one call or write to me about any issues. To me it seems to work as it is currently designed. I will continue with the speed study and give you the results. Section 2B.07 Multi-Way Stop Applications Support: 01 Multi-way stop control can be useful as a safety measure at intersections if certain traffic conditions exist.


Safety concerns associated with multi-way stops include pedestrians, bicyclists, and all road users expecting other road users to stop. Multi-way stop control is used where the volume of traffic on the intersecting roads is approximately equal. 02 The restrictions on the use of STOP signs described in Section 2B.04 also apply to multi-way stop applications. Guidance: 03 The decision to install multi-way stop control should be based on an engineering study. 04 The following criteria should be considered in the engineering study for a multi-way STOP sign installation: A. Where traffic control signals are justified, the multi-way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal. B. Five or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. Such crashes include right-turn and left-turn collisions as well as right-angle collisions. C. Minimum volumes: 1. The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day; and 2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor-street vehicular traffic of at least 30 seconds per vehicle during the highest hour; but 3. If the 85th-percentile approach speed of the major-street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the values provided in Items 1 and 2. D. Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 are all satisfied to 80 percent of the minimum values. Criterion C.3 is excluded from this condition. Option: 2B.04 Guidance: 02 Engineering judgment should be used to establish intersection control. The following factors should be considered: A. Vehicular, bicycle, and pedestrian traffic volumes on all approaches; B. Number and angle of approaches; C. Approach speeds; D. Sight distance available on each approach; and


E. Reported crash experience. 03 YIELD or STOP signs should be used at an intersection if one or more of the following conditions exist: A. An intersection of a less important road with a main road where application of the normal right-of-way rule would not be expected to provide reasonable compliance with the law; B. A street entering a designated through highway or street; and/or C. An unsignalized intersection in a signalized area. 04 In addition, the use of YIELD or STOP signs should be considered at the intersection of two minor streets or local roads where the intersection has more than three approaches and where one or more of the following conditions exist: A. The combined vehicular, bicycle, and pedestrian volume entering the intersection from all approaches averages more than 2,000 units per day; B. The ability to see conflicting traffic on an approach is not sufficient to allow a road user to stop or yield in compliance with the normal right-of-way rule if such stopping or yielding is necessary; and/or C. Crash records indicate that five or more crashes that involve the failure to yield the right-of-way at the intersection under the normal right-of-way rule have been reported within a 3-year period, or that three or more such crashes have been reported within a 2-year period. 05 YIELD or STOP signs should not be used for speed control. Support: 06 Section 2B.07 contains provisions regarding the application of multi-way STOP control

The Institute of Transportation EngineersTraffic Engineering Council

presents TIPS on

Four-Way Stop Signs

Why can’t we have an all-way stop toreduce accidents?

Many people believe that installing STOPsigns on all approaches to an intersectionwill result in fewer accidents. Effects ofunwarranted stop signs on driver behaviorand safety are difficult to substantiate. Also, there is no real evidence to indicatethat STOP signs decrease the overall speedof traffic. Impatient drivers view theadditional delay caused by unwarrantedSTOP signs as “lost time” to be made upby driving at higher speeds between STOPsigns. Unwarranted STOP signs breeddisrespect by motorists who tend to ignorethem or only slow down without stopping. This can sometimes lead to tragicconsequences.

Generally, every State requires theinstallation of all traffic control devices,including STOP signs, to meet statestandards of the Department ofTransportation. The state standards arebased on the Manual on Uniform TrafficControl Devices (MUTCD). The MUTCD

is published by the U.S. Department ofTransportation, is the national standard fortraffic control devices. The MUTCDprescribes standards for the design,location, use and operation of trafficcontrol devices.

The installation of multi-way stop controlmust first meet the warrants as set forth inthe MUTCD. Any of the followingconditions may warrant an all-way STOPsign installation:

1. Where a traffic signal is warranted,multi-way stop control is an interimmeasure that can be implemented

quickly to control traffic until thesignal is designed and installed.

2. The occurrence within a twelve-monthperiod of five or more reportedaccidents of a type susceptible tocorrection by multi-way stop control. Such accident types include turncollisions, as well as right-anglecollisions.

3. Total vehicular volume entering theintersection from all approaches mustaverage 500 vehicles per hour for anyeight hours of an average day and thecombined vehicular and pedestrianvolume from the minor street or

highway must average at least 200units per hour for the same eight hours,with an average delay to minor streetvehicular traffic of at least 30 secondsper vehicle during the maximum hour. However, when the 85th percentilespeed of traffic approaching on themajor street exceeds 40 miles per hour,the above minimum volumes arereduced to 70 percent.

STOP signs should not be viewed as acure-all for solving safety problems but,when properly located, can be usefultraffic control devices to enhance safetyfor all roadway users.

2017 Budget Draft Discussion

Presentation by Larry Lorentzan

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