HomeMy WebLinkAboutMINUTES Town Board 1984-10-23(tWit 4 ztn nrh,Lorimer County,Colorado,.19.8.
Minutes of a 4I.a 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 MLdoy of er
,A.0.19....8 at regular meeting
hour.
Meeting coiled to order by Mayor H..
Present:MayorH.B.Dannels Trustees:Norbert L.Aldrich,
Mark T.Brown,
Also Present:Town Administrator Byron L.Graves,
Dale G.Hill George J.Hix,
/Abdn4/Town Attorney Paula L.Laing,
Gregory A.White Richard A.Wood
Absent:Mark T.Brown
Minutes of the regular meeting held October 9,1984 were submit
ted and approved.
Trustee Wood moved the bills,as presented,be allowed and paid
and :he Clerk be authorized to draw warrants for the same.(A
certified copy of the bills presented and allowed are on file in
the Office of the Town Clerk under this date,and made a part cf
the record of these proceerlings anc i nascnw Iw tw fnllowing
votes:Those voting “Yes”Trustees Aldrich,Graves,Hix,Laing
and Wood.Those voting “No”none.
Minutes of the Water Committee meeting held October 11,1984 were
read.Trustee Hix,Chairman of the Committee,moved the minutes
be approved.Trustee Aldrich seconded the motion and it passed
unani1nu
Minutes of the Public Works Committee were also read.Trustee
Wood,Chairman of the Committee,moved the minutes be approved.
Trustee Hix seconded the motion and it passed unanimously.
Mayor Dannels conducted a public hearing on a Rezoning Request
Application submitted by Kanemoto Farms for Tracts 92,93,94,
and 95,Fall River Addition from existing R—One Family Residence
to R-2 Multiple Family Residence.Those speaking in favor of the
rezoning request:Bill Van Horn,representing the owners.Mr.
Van Horn stated a small lodging operation is proposed (12 accom
modation units plus a single-family dwelling)and that this
project follows existing land use.Those speaking in opposition:
None.Mayor Dannels declared the hearing closed.Trustee Wood
moved the Rezoning Request submitted by Kanemoto Farms be
approved subject to conforming densities being applied to the
property.Trustee Hix seconded the notion and it passed by the
following votes:Those voting “Yes”Trustees Aldrich,Graves,
Hix,Laing and Wood.Those voting “No”none.Trustee Wood
introduced the following entitled ordinance and moved it be
passed and adopted on the first and final reading:
AN ORDINANCE AMENDING CHAPTER 17 OF THE
MUNICIPAL CODE OF THE TOWN OF ESTES PARK,fl
-COLORADO,THE SANE PERTAINING TO ZONING.
Trustee Hix seconded the motion and it passed by the following
votes:Those voting “Yes”Trustees Aldrich,Graves,Hix,Laing
and Wood.Those voting “No”none.Whereupon Mayor Dannels
declared said ordinance duly passed and adopted and ordered it
numbered 25—84 and published according to law.
Trustee Graves moved the following liquor license renewals be
granted:Bob &Tony’s Pizza,Estes Park Elks Home,Inc.,Estes
Park Post #119 American Legion and Nicky’s.Trustee Hix seconded
the motion and it passed unanimously.
Board of Trustees —October 23,1984 —Page two
A liquor license renewal was also submitted by Lonigans.Town
Administrator Hill read the Police Report in which Chief Ault
stated a Lonigans’employee was charged with disorderly conduct
and possession of a controlled substance.Trustee Mix moved the
liquor license renewal for Lonigans be approved with the
stipulation that only reputable people be hired by the
establishment and that the stipulation be in effect for a period
of one year.Trustee Aldrich seconded the motion and it passed
unanimously.
Mayor Dannels conducted a public hearing regarding the adoption
of the 1985 Budget.Those speaking in favor of the budget
adoption,none.Those speaking in opposition to the budget
adoption,none.Mayor Dannels declared the hearing closed.
Trustee Wood introduced,and Town Administrator Hill read in
full,the following resolution and moved it be passed and adopt
ed:
R E S 0 L U T I 0 N 36-84
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUE FOR EClI
FUND,AND ADOPTING A BUDGET FOR THE TOWN OF ESTES PARK,
COLORADO,FOR THE CALENDAR YEAR BEGINNING ON THE 1st DAY OF
JANUARY,1985,AND ENDING ON THE LAST DAY OF DECEMBER,1985.
WHEREAS,the Board of Trustees of the Town of Estes
Park has appointed Dale C.11111,Town Administrator,to
prepare and submit a proposed budget to said governing body
at the proper time,and;
WHEREAS,upon due and proper notice,published in
accordance with the law,said proposed budget was open for
inspection by the public at a designated place,a public
hearing was held on October 23,1984,and interested taxpay
ers were given the opportunity to file or register any
objections to said proposed budget,and;
WHEREAS,whatever increases may have been made in the
expenditures,like increases were added to the revenues so
that the budget remains in balance,as required by law.
NOW,THEREFORE,BE IT RESOLVED BY TIlE BOARD OF TRUSTEES
OF THE TOWN OF ESTES PARK,COLORADO:
Section 1.That estimated expenditures for each fund
are as follows:
General Fund $4,181,199
Light and Power Fund 4,941,289
Water Fund 1,570,010
Museum J9,360
Public Library 166,666
General Revenue Sharing 86,772
Policemen’s Pension Fund 21,600
Firemen’s Pension Fund 24,900
Self Insurance Fund 404,713
Conservation Trust Fund 8,000
Stanley Park Fund 311,300
$11,756,689
Board of Trustees —October 23,1984 —Page three
Section 2.That the estimated resources for each fund
are as follows:
General Fund,
From unappropriated
surpluses
From sources other
than general
property tax
From the general
property tax levy
$1,149,580
3,284,959
102,500
El
TOTAL GENERAL FUND
Light and Power Fund
From unappropriated
funds
From other revenue
sources
TOTAL LIGHT AND POWER FUND
Water Fund
From unappropriated
funds
$4,537,039
$1,627,665
4,476,000
$6,103,665
$1,023,527
From other revenue
sources
TOTAL WATER FUND
789,290
$1,812,817
Mu seum $39,360
Li
Public Library $182,587
General Revenue Sharing $86,772
Conservation Trust Fund S 8,000
Stanley Park Fund
Self Insurance Fund
Policemen’s Pension Fund
$318,234
$404,713
$490,745
Firemen’s Pension Fund $242,840
TOTAL $14,226,780
Section 3.That
hereinabove summarized
approved and adopted
Park,Colorado,for the
the budget,as submitted,amended,and
by fund,be and the same hereby is
as the budget of the Town of Estes
year stated above.
Section 4.That the budget hereby approved and adopted
shall be signed by the Mayor and Town Clerk and made a part
of the public records of the Town.
Trustee Aldrich seconded the motion and it passed unanimously.
Board of Trustees —October 23,1984 —Page four
Trustee Laing introduced,and Town Administrator Hill read in
full,the following resolution to set mill levies and moved it be
passed and adopted:
R E S 0 L U T I 0 N 37—84
A RESOLUTION LEVYING GENERAL PPOPF,RTY TAXES FOR THE YEAR 1985,TO
HELP DEFRAY TI IE COSTS OF GOVERNMENT FOR TIlE TOWN OF ESTES PARR,
COLORADO FOR TIlE 1985 BUDGET YEAR.
WHEREAS,the Board of Trustees of the Town of Estes Park has
adopted the annual budget in accordance with the Local Government
Budget Law on October 23,1984,and;
WHEREAS,the amount of money necessary to balance the budget
for general operating expenses is $102,556 and;
WHEREAS,the 1985 net valuation for assessment for the Town
of Estes Park as certified by the County Assessor is $26,847,210.
NOW,THEREFORE,BE IT RESOLVED BY TIlE BOARD OF TRUSTEES OF
TIlE TOWN OF ESTES PARK,COLORADO:
That for the purpose of meeting all general operating
expenses of the Town of Estes Park during the 1985 budget year,
there is hereby levied a tax of 3.82 mills upon each dollar of
the total valuation for assessment of all taxable property within
the Town for the year 1985.
That the Town Clerk is hereby authorized and directed to
inuuediately certify to the County Commissioners of Larimer
County,Colorado,the mill levies for the Town of Estes Park as
hereinabove determined and set.
Trustee Hix seconded the motion and it passed unanimously.
Trustee Wood introduced,and Town Administrator Hill read in
full,the following resolution to appropriate sums of money and
moved it be passed and adopted:
RESOLUTION 38-84
A RESOLUTION APPROPRIATING SUMS OF MONEY TO TIlE VARIOUS FUNDS AND
SPENDING AGENCIES,IN TIlE ANOUNTS AND FOR TIlE PURPOSES AS
SETFORTII BELOW,FOR TIlE TOWN OF ESTES PARK,COLORADO,FOR THE
1985 BUDGET YEAR.
WHEREAS,the Board of Trustees has adopted the annual budget
in accordance with the Local Government Budget Law on October 23,
1984,and;
WHEREAS,the Board of Trustees has twade provision therein
for revenues in an amount equal to or greater than the total
proposed expenditures as setforth in said budget,and;
WHEREAS,it is not only required by law,but also necessary
to appropriate the revenues provided in the budget to and for the
purposes described below,so as not to impair the operations of
the Town.
Board of Trustees —October 23,1984 —Page five
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
TIlE TOWN OF ESTES PARK,COLORADO:
THAT the following sums are hereby appropriated from the
revenue of each fund,to each fund,for the purposes stated:
GENERAL FUND
Current Operating Expenses $3,005,955
Capital Outlay 1,175,244
TOTAL GENERAL FUND $4,181,199
LIGHT and POWER FUND
Current Operating Expenses $4,102,089
Capital Outlay 759,200
TOTAL LIGHT and POWER FUND $4,941,209 -
WATER FUND
Current Operating Expenses $1,067,610
Capital Outlay 503,200
TOTAL WATER FUND $1,570,010
MUSEUM FUND $39,360
LIBRARY FUND
Current Operating Expenses $158,453
Capital Outlay 8,213
TOTAL LIBRARY FUND $166,666
GENERAL REVENUE SHARING FUND $06,772 —
CONSERVATION TRUST FUND $0,000
STANLEY PARK FUND $311,300
SELF INSURANCE FUND $404,713
POLICEMEN’S PENSION FUND $21,600
FIREMEN’S PENSION FUND $24,900
GRAND TOTAL $11,756,609
Trustee fix seconded the motion and it passed unanimously.
With the “Stay Order”no longer in effect with regard to Stanley
Village,Mr.Bill Van Horn requested the Town to dedicate,for
roadway purposes,Outlot C,Stanley Hills,P.U.D.Trustee
Aldrich declared a possible “conflict of interest.”Mr.Rowland
Retrum,representing himself and a substantial amount of Stanley
Hills Property Owners,stated the dedication of Outlot G was an
“Issue of convenience not necessity.”Mr.Retrum stated a
difference of opinion was held as to the ownership of all seven
open space lots in Stanley Hills P.U.D.Members in the homeown
ers association who voted against the Outlot G road dedication
total 79%.Mr.Seymour Graham stated P.U.D.Regulations require
a certain amount of open space in each development.Mr.Van Horn
stated that when the plat was approved,Outlot G was required to
be set aside for Street purposes.The State Highway Department
recommended providing accel/decel lanes for Steamer Drive.This
recommendation was never completed and Mr.Van Horn stated
Stanley Village will undertake constructing the accel/decel
Board of Trustees —October 23,1984 —Page six
lanes.Town Administrator Hill read a portion of the July 20,
1976 Planning CommiSsion minutes where it was written aconnectionbeprovidedfromSteamerDrivetoTract3,Stanley
Addition.Town Attorney White’s letter dated August 20,1984 andStanleyVillageAttorneyTimothyW.Hasler’s letter dated August
6,1984 were added into the record.Attorney White offered five
options to the Town Board.Trustee Hix moved the Town Board
direct the staff to,as expeditiously as possible,obtain Outlot
o for public roadway purposes including the use of eminent domain
to condemn any interest that any party has,including the Stanley
Hills Association.Trustee Wood seconded the motion and itpassedbythefollowingvotes:Those voting “Yes”Trustees
Graves,Hix and Wood.Those voting “No”Trustee Laing.Those
“Abstaining”Trustee Aldrich.
Mr.Bill Van Horn was present seeking an Inducement ResolutionforIndustrialDevelopmentRevenueBondsforaportionofStanley
Village.Mr.Dunn Krahl/Boettcher and Company,was introduced astheStanleyVillagebondingagent.Mr.Van Horn stated severalpositiveeffectstheproposeddevelopmentwouldhaveontheTowneconomy.Town Administrator Hill read a letter dated October 9,1984 submitted by the firm of Jerry Boudreaux,C.P.A.,Inc.whichstatedthedevelopershaveasoundfinancialpositionandalsothattheprojectwaseconomicallyfeasible.Administrator HillalsoreadAttorneyWhite’s letter dated October 22,1984 regardinghisreviewofthebondproposal.Mr.Robert M.Lucas’letterdatedSeptember25,1984 stating the granting of the bonds forStanleyVillagewouldcreatean“unfair advantage to the developer”was also read aloud.Mr.Tom Binstock informed the Board ofalawsuitfiledbyCPR,Inc.with the Colorado Supreme CourtwhichstatedtheiropinionasbeingthattheapprovaloftheStanleyVillageDeveldpmentwasdonesoillegally.There beingnofurthercomment,Trustee Wood introduced,and Attorney Whitereadinfull,the following Inducement Resolution and moved it bepassedandadopted:
RESOLUTION 39—84
WHEREAS,the Town of Estes Part,Colorado (the “Town”),is authorized bytheCountyandMunicipalityDevelopmentRevenueBondAct,constituting Part IandArticle3oflitle29,Colorado Revised Statutes (the “Act”),to finance,
refinance,acquire,own,lease,improve and dispose of one or more projects,
including any land,building or other improvement and all real or personal
properties suitable or used for or in connection with coimnercial or business
enterprises (including,without limitation,enterprises engaged in selling anyproductsofagriculture,Industry,comerce,manufacturing or business),uponsuchconditionsastheTownmaydeemadvisable;and
WIEREAS.the Town is further authorized by the Act to issue its industrial
development revenue bonds for the purpose of defraying the cost of financing anysuchproject;and
WHEREAS,John IL P.Wheeler and William 0.Van Horn,as Individuals residingIntheStateofColorado,and as Owners and Developer (the “Developer”),have metwithofficialsoftheTownandhaveadvisedtheTownoftheDeveloper’s interestinacquiring1constructingandequippingaretailconenercialfacilityconstitutingaretailshoppingcentertentativelytoheutilizedbythetenantslistedinExhibit“h”attached hereto and hereby incorporated by reference herein,and havinganareaofapproxImately559,000 square feet,proposed to be located on thenortheastcorneroftheIntersectionofU.S.Highway 34 and U.S.ilighway 34 Bypass,within the Town,as well as all real estate,fiAtures and equipment.necessary orconvenientthereof(collectively,the “Project”)subject to the willingness of theTowntofinancetheProjectthroughtheissuanceofindustrialdevelopmentrevenueboiidspursuanttotheAct;and
-
Board of Trustees —October 23,1984 —Page seven
WHEREAS,tile Developer has requested that the Town give favorable considera
tion to the Developer’s proposal and take such action as’is necessary to give the
Towns approval of the Project and the financing as proposed by the Developer;and
WHEREAS,the Developer has given Its assurance to the Town that the Developer
will pay,or reimburse the Town for payment ol,any and all legal fees and expenses
and administrative costs and expenses Fieretofor incurred or hereafter to be
incurred by t1ae Town n,iatcd to th’:Project and its financing,
and that such agreement to pay or reimburse the Town is not
contingent upon commencement or completion of the Project or
the financing;and
WhEREAS,the Developer has represented to the Town that the
Project will be designed to qualify as a ‘project”within the
meaning of the Act;and
WHEREAS,the Town considers that the Project,if located
within the Town,will assist the Town in promoting economic
development and additional employment within the Town;and
WHEREAS,the Town has considered the Developer’s proposal
and has concluded that the cconomic and other benefits to the
Town will be substantial and that it wishes to proceed with the
development and financing of the Project,
NOW,ThEREFORE,TIlE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK,COLORADO,DOES HEREBY RESOLVE,AS rOLLOWS
Section 1.That in order to induce the Developer to locate
and construct the Project within the Town,the Town shall take
steps to effect the issuance of industrial development revenue
bonds in a maxinuin aggregate principal amount not to exceed
$9,500,000.00,or such lesser amount as shall be mutually
agreed upon,to finance the Project.No costs are to be borne
by the Town in connection with tins transaction.
Section 2.Prior to any execution of a financing agreement,
mortgage,indenture of trust,bond purchase agreement or any
other necessary documents and agreements in connection with such
bo,,ds,the Project shall qualify for all necessary authorization
by the Estes Park Urban Renewal Authority;and such other
documents and/or agreenents,as required by the Town,shall
be submitted to the Town,and,if satisfactory to the Town,
the Town shall proceed to issue the Bonds.
Section 3.No costs or expenses,whether incurred by the
Town or any other party in connection with the issuance of the fl
Bonds or the preparation of any documents by any legal or finan—
cial consultants retained in connection therewith,shall be
borne by the Town.All such costs or ezpenses shall be paid
from the proceeds of the Bonds or otherwise borne by the Developer.
In addition to the costs and expenses to be borne by the Developer
as described in the preceding sentences,if tile Project is
approved by the Town and the Bonds are issued,the Developer
Board of Trustees —October 23,1984 —Page eight
shall pay to the Town a fee equal to the present value lusing
an 8t discount factor]of 1/16 of 1%of the principal amount
of the Bonds at the end of each bond year.Said fee shall be
paid to the Town at the official closing on the sale of the Bonds.
Section 4.That nothing contained in or contemplated
by this Resolution shall constitute the debt or indebtedness
of the Town within the meaning of the Constitution or
statutes of the state of Colorado,norgive rise to pecuniary
liability of the Town or a charge against its general credit
or taxing powers.
Section 5.Prior to any further action by the Town Board,
the Developer shall provide the Town with the opinion of a
recognized Bond Counsel supporting the legality of the financing
of the Project and the uti lizatioli of bond roceeds for
said Project.
section 6.All conunitinents of the Town contained
herein are suhject to the condition that within twelve (12)
months of the date hereof,unless otherwise extended by agree—
nent between the Town and the Developer,the Bonds to be issued
pursuant hereto shall be issued and sold.In the event that
said Bonds to be issued pursuant hereto are not issued within
twelve (12)months,the Town of Estes Park,Colorado shall be
under no obligation to perform any of the terms and conditions
contained herein.Nothing contained herein shall constilute a
warranty or representation by the Town that the Bonds will
receive Iron the State of Colorado an allocation of a portion
of the private activity bond limit authorized for the State of
Colorado pursuant to Section 621 of the Deficit Reduction of
1984 of the United States o[liner ica.The Town shall use its
best efforts,however,to secure from the State of Colorado
such an allocation authorizing the issuance of the Bonds from
the 1984 State of Colorado Private Activity Bond Limit.
Section 7.All ordinances,orders,bylaws and resolutions,
or parts thereof,in conflict with this resolution are hereby
repealed to the extent of such conflict.This repealer shall
not be construed to revive any order,ordinance,bylaw or
resolution,or part thereof,heretofore repealed.
section 8.If any section,paraaraph,clause,or provision
of this resolution with t lie e;-c’rpL mu of any section,paragraph,
clause or provision limiting the Town s financial obligation
shall for any reason be held to be invalid or unenforceable,
the invalidity or unenforceability of such section,paragraph,
clause or Irovi sion shall not a I lect ally of the remaining pro
visions of this resolution.-
Section 9.This resolution shall take effect immediately
upon its introduction and passage.
Board of Trustees —October 23,1984 —Page nine
Trustee Laing seconded the motion and it passed by the following
votes:Those voting “Yes”Trustees Graves,Hix,Laing and Wood.
Those voting “No”none.Those “Abstaining”Trustee Aldrich.
In a letter dated October 19,1984,submitted by Fischer,Brown,
Huddleson and Gunn,the firm requested a public hearing with
regard to the Industrial Development Revenue Bonds for Estes
Centre Associates (formerly the McCahan Leino Partnership)
Trustee lix moved the Board of Trustee set November 13,1984 as
the public hearing date.Trustee Graves seconded the motion and
it passed unanimously.
Attorney White informed the Board of Trustees of a proposed
Intergovernmental Agreement between the Town of Estes Park and
the Land Use Commission.With the agreement not arriving prior
to the Town Board meeting,no further action was taken;however,
the general consensus of the Board of Trustees expressed favor
able action in working with the Land Use Commission on an Inter
governmental Agreement.
Mayor Dannels moved for approval of Mr.Lyle Frantz to the Urban
Renewal Authority Board of Directors.Mr.Frantz will be filling
the vacancy left by Mr.Larry Helmich,with his term in office
expiring September 14,1988.Trustee lix moved the appointment
of Mr.Lyle Frantz to the Urban Renewal Authority be granted.
Trustee Aldrich seconded the motion and it passed unanimously.
Trustee lix stated he had attended a dinner in honor of Dale
VerStraeten who,after 30 years of service,has resigned from the
Horse Show and Rodeo Committee.Mayor Dannels expressed the
Town’s appreciation for Mr.VerStraeten’s dedicated service.
There being no further business,the meeting adjourned.
Mayor
iLtL)
Town Clerk
El