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HomeMy WebLinkAboutMINUTES Town Board 1982-07-27U1i1fl Lii 1Z5IC 3Iih,tarimer County,Colorodo .7.19.?... Minutes of a e.9I.1•r 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 ...??.t1 day of A.D.19.8.2.at regular meeting hour. Meeting called to order by Mayor .TTgxt Present:Mayor Harry B.Tregent Trustees:H.Bernerd Dannels,Byron L.Graves,Margaret Houston, George I.Hix,Richard A. Wood,Robert E.Wagner Also Present:Town Administrator Dale G.Hill Town Attorney,Gregory A.White Absent: Minutes of the regular meeting held July 13,1982,were submitted and approved. Trustee H.Bernerd Dannels introduced the following resolution and moved it be passed and adopted: RESOLUTION OF THE BOARD OF THE TOWN OF ESTES PARK ADOPTING INDUSTRIAL DEVELOPMENT REVENUE BOND POLICIES AND GUIDELINES WHEREAS,the Board of Trustees have reviewed various policies and guidelines in conjunction with the Town issuing Industrial Development Revenue Bonds;and WHEREAS,the Town of Estes Park is committed to industrial development in and around the Town coupled with sound financial planning and direction;and WHEREAS,these policies and guidelines from the basis for various decisions affecting the issuance of Industrial Development Revenue Bonds;and WHEREAS,Board of Trustees wishes to formally adopt these Industrial Development Revenue Bond Policies and Guidelines. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK that the following Industrial Develop ment Revenue Bond Policies and Guidelines be,and the same hereby are adopted: Board of Trustees -July 27,1982 —Page 2 I.Policy: A.General.The Town of Estes Park desires to maintain a reasonable level of economic growth and development in the Town and within the boundaries of its Urban Growth Area.To this end,one principal mechanism for imple menting positive government action in concert with the private sector is the use of Industrial Development Revenue Bonds (IDRB)pursuant to County and Municipality Development Revenue Bond Act,Title 29,Article 3 of the Colorado Revised Statutes. B.Endorsement of the Use of Industrial Development Revenue Bonds.The Town of Estes Park endorses the concept of positive local governmental action to stimulate balanced economic development in close cooperation with private institutions.This will include the discriminate use of Industrial Development Revenue Bonds as one means available to the Town of Estes Park to achieve these purposes. C.Economic Competition.It is not the intent of the Town of Estes Park,through the implementation of this policy, to provide an economically competitive advantage to any entity whether their purpose for existence be for profit or non—profit. II.Guidelines: A.General.Guidelines set forth herein are not intended as minimum requirements,and each application will be con sidered on its individual merits. B.Benefits to the Town.Generally,an IDRB proposal should demonstrate one or more of the following economic benefits to the Town. 1.Creation of additional jobs within Estes Park and within the boundaries of its Urban Growth Area. Board of Trustees —July 27,1982 -Page 3 2.Increase of tax base resulting in a net fiscal benefit to the Town. 3.Stimulation of additional business invest ment. 4.Provide facilities or benefits to Estes Park citizens for economic purposes in a manner that compliments the Town’s own programs or facilities. C.Other Considerations.The Town will encourage the sub mission of proposals that are consistent with the follow ing general guidelines. 1.IDRE proposals should be consistent with stated official policies and goals and objectives of the Town of Estes Park. It is the responsibility of the appli cant to obtain such information from the Town administration. 2.The Town of Estes Park will encourage the submission of proposals that pro vide for downtown revitalization,and energy conservation. D.Facilities and Programs.All facilities and programs that may be financed under the Colorado statutes will be eligible for consideration by the Town.Competitive impact resulting from the facility or program will be considered and addressed in approving an IDRB issue. III.Financial Responsibility:Applicants for IDRB issues must clearly demonstrate financial responsibility sufficient to amortize the proposed bond issue.The plan for marketing the IDRB’s will determine the general financial standards used by the Town to evaluate the proposal.The marketing plan for sale of the IDRB issue must be filed with the ap plication and kept current through the closing of the IDRB issue. Board of Trustees -July 27,1982 -Page 4 A.Public Offering of Industrial Development Revenue Bonds. The following financial criteria will be used as guide lines for the participation of the Town in a public offering of IDRB’s: 1.The financial statements of the applicant should demonstrate sound financial position and operating results. 2.And further,that the applicant should pre sent financial projections of the proposed project based on a marketing survey or a feasibility study,where applicable. B.Private Placement. 1.Description of private placement investor(s) 2.The debt to appraised value of the proposed facility should not exceed 90%.Exceptions to this guideline should be allowed where the applicant presents special circumstances for a higher debt to appraised value ratio. C.Other General Economic Considerations. 1.Asset life span versus term of the bond issue. 2.Management strength of applicant. 3.Minimum size of bond issues. Generally,the Town will not consider an IDRB issue of less than $750,000 unless private placement has been pre—arranged. 4.Efforts toward public/private partnership projects. D.Reimbursement to the Town of all expenses. Whether or not the proposed project is approved by the Town of Estes Park and Industrial Revenue Bonds issued, the proponent of the project will be required to reimburse the Town of Estes Park for any and alL expenses incurred as a result of the application for Industrial Development Revenue Bonds.This reimbursement will include,but not be limited to,the cost of time of all the personnel of Board of Trustees -July 27,1982 -Page 5 the Town,the expense of bond counsel and such consultants as the Town may employ to assist in the evaluation,and all other expenses incurred by the Town related to the proposal. E.Fees charged by the Town for the Issuance of Industrial Development Revenue Bonds. If the proposed project is approved by the Town of Estes Park and Industrial Development Revenue Bonds are issued, a fee will be paid to the Town by the applicant.The amount of said fee shall be the present value of the amount to be derived from applying 1/16 of 1%to the unpaid principal amount of the bonds at the end of each bond year.This fee will be in addition to the reim bursement of any and all expenses incurred by the Town. Notwithstanding any provision contained herein,this fee shall not exceed federal arbitrage regulations. The fee will be paid to the Town at the time of official closing on the sale of the bonds. F.Monies Collected. The monies collected as a result of the provisions of Section III,paragraphs D and E above are to be used for the encouragement of economic development within the Town limits of the Town of Estes Park and including any other area allowable under applicable laws and regulations. Trustee Byron L.Graves seconded the motion and it passed unanimously. Mr.Seymour Graham,of Estes Village Properties;Mr.Frank Normali,owner of the Stanley Hotel;and Mr.Fred Fielder,Boettcher &Company,appeared before the Board of Trustees to explain the industrial developmentrevenuebondissuethattheyareproposingfortheStanleyHotel.Mr.Normali presented three copies of a formal request to the TownofEstesParktoissuethe$9,750,000 tax exempt revenue bonds,threecopiesofareplytotheproposedresolution“Adopting IndustrialDevelopmentRevenueBondPoliciesandGuidelines”,three copies oftheConfidentialMemorandum(Limited Partnership offering)and acheckintheamountof$1,000.00 as a deposit.Trustee H.BernerdDannelsmovedthatthematterbetableduntilAugust24,1982,inorderforthestafftoreviewtheproposal.Trustee Richard A.Wood Board of Trustees -July 27,1982 -Page 6 seconded the motion and it passed by the following votes:Thosevoting“Yes”Trustees n.Bernerd Dannels,Byron L.Graves,GeorgeJ.Hix,Margaret Houston,Robert E.Wagner,and Richard A.Wood.Those voting “No”none. The minutes of the Estes Park Planning Commission meeting held July20,1982,were read. Mr.Todd Plummer,of Van Horn Engineering,appeared before the BoardtorequestapostponementoftheJonesSubdivisionlotsplitreviewuntiltheAugust10thBoardmeeting.The Board of Trustees approvedtherequest.fi Mayor Harry B.Tregent conducted a public hearing on the proposedestablishmentofanEEstateZoningDistrict.Those speaking infavoroforoppositiontotheproposal,none.No Correspondencewasreceived.Mayor Harry B.Tregent declared the hearing closed. Trustee Richard A.Wood introduced,and the Town Administrator readinfull,the following entitled ordinance: AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,COLORADO,THE SAME PERTAINING TO THE ESTATE DISTRICTS Trustee George J.Hix seconded the motion and it passed by thefollowingvotes:Those voting “Yes”Trustees Richard A.Wood,H.Bernerd Dannels,Byron L.Graves,George J.Hix,Margaret Houston,Robert E.Wagner.Those voting “No1’none.Whereupon Mayor HarryB.Treqent declared said ordinance duly passed and adopted and ordereditnumbered#27-82. Mr.Todd Plummer,of Van Horn Engineering,appeared before the BoardtorequestapostponementoftheJohnsonSubdivisionlotsplitreviewuntiltheAugust10thBoardmeeting.The Board of Trustees approvedtherequest. flMr.Plummer,of Van Horn Engineering,requested a postponement of ]the Steele Subdivision final plat until the August 10th Board meeting.The Board of Trustees approved the request. Mr.Mark Brown appeared before the Board to request an extension of the sign code compliance date of August 24,1982,to December 31,1983.A discussion followed.Trustee H.Bernerd Dannels movedfordenialoftheextensionandTrusteeMargaretHoustonsecondedthemotion.Those voting “Yes”H.Bernerd Dannels,George J.Hix,Margaret Houston,Richard A.Wood.Those voting “No”Trustees GravesandWagner. Trustee Robert E.Wagner introduced the following resolution andmoveditbepassedandadopted: RESOLUTION BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: That in compliance with Section 3.05.040 (2)of the Municipal Code of the Town of Estes Park,Colorado,the percentage of rental payments to be refunded to the elderly citizens shall be .455 (.455%) of the rental payments made during 1981. Trustee Byron L.Graves seconded the motion and it passed unanimously. Trustee Margaret Houston introduced the following resolution andmoveditbepassedandadopted: Board of Trustees -July 27,1982 -Page 7 RE SOLUT ION WHEREAS,the Board of Trustees has determined that a sidewalk,curb and gutter be constructed along the entire frontage of 205 Virginia Drive;and WHEREAS,pursuant to the provisions of Section 31-15-703(2), C.R.S.1973,as amended,the Board hereby proposes to order the construction of said sidewalk,curb and gutter to be done by the owners of the adjacent property;and WHEREAS,in the event that any owner does not construct said sidewalk,curb and gutter after notice to said owner,the Board has determined that the Town shall construct the same, and assess the costs thereof against the property owner;and WHEREAS,in the event of said assessment it shall be collected pursuant to the provisions of Section 31—15-401 (1)(d) and 31-15—704,C.R.S.1973,as amended; HOW,THEREFORE,be it resolved by the Board of Trustees of the Town of Estes Park that: 1.The Board of Trustees of the Town of Estes Park hereby determines that it is necessary that a sidewalk,curb and gutter be constructed along the entire frontage of 205 Virginia Drive. 2.The Board of Trustees hereby instructs the Town Clerk to give notice to the property owners to construct said sidewalk, curb and gutter.V 3.The Board of Trustees hereby finds that in the event the property owner does not construct said sidewalk,curb and gutter within 60 days of the sending of said notice that the appropriate officials of the Town of Estes Park are hereby empowered to construct said sidewalk,curb and gutter and that following said construction,the costs shall be assessed against the property owner adjacent to the construction of said sidewalk, curb and gutter. Trustee H.Bernerd Dannels seconded the motion and it passed by the following votes:Those voting “Yes”H.Bernerd Dannels,Byron I. Graves,George J.Hix,Margaret Houston,Robert E.Wagner.Those voting “No”none.Trustee Richard A.Wood did not vote. Trustee Robert Wagner moved the liquor license renewal for Heidi’s Hideaway be approved.Trustee George Hix seconded the motion and it passed unanimously. Joyce Terhurne,of Terhurne—Mills Enterprises,appeared before the Board to request they approve her liquor license change of ownership and name change for “The Pub”.Town Administrator read the liquor license application.Trustee Robert E.Wagner moved for approval of the change of ownership and name change subject to Mrs.Terhurne’s changing answer No.13 on her license application to “yes”.Trustee H.Bernerd Dannels seconded the motion and it passed unanimously. Ms.Miller Davis,representing the Muscular Dystrophy Association, appeared before the Board to request the use of the parking lot in front of the Elkhorn East Office building for a small carnival-like attraction for the benefit of the Muscular Dystrophy Association on September 5th and 6th.Trustee Margaret Houston moved for the approval of the request.Trustee Richard A.Wood seconded the motion and it passed unanimously. Board of Trustees -July 27,1982 -Page 8 Trustee Robert E.Wagner moved that Town Engineer/Planner Richard D.Widmer be appointed to the “Flood Hazard Mitigation Team”.Trustee George J.Hix seconded the motion and it passed unanimously. Trustee H.Bernerd Dannels moved that Dale Hill,Town Administrator, be appointed as representative to coordinate on behalf of the Town with the Federal and State disaster teams.Trustee Margaret Houston seconded the motion and it passed unanimously. Mayor Harry B.Tregent suggested that the Public Works Committee be appointed to handle the proposed Civic Center at the Golf Course. Trustee George J.Hix moved for the appointment of the Public Works Committee and Richard A.Wood seconded the motion.Those voting “Yes”Byron L.Graves,George J.Hix,Margaret Houston,Robert E. Wagner,Richard A.Wood.Those voting “No”H.Bernerd Dannels. There being no further business,the meeting adjourned. Ma/ Town irk 7/1/ S