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HomeMy WebLinkAboutMINUTES Town Board 1983-11-08�Q XI of 7I:.Lste53 park,, Lorimer County, Colorado, Minutes of a regular November 8 , 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 8th day of November hour. , A. D. 19. $.3 at regular meeting Meeting called to order by Mayor P.KO..TeT4 Rannel.s Present: Mayor Pro Tem Dannels Trustees: Byron L. Graves, George J. Hix, Margaret Houston, Robert E. Wagner, Richard A. Wood Also Present: Town Administrator Dale G. Hill Absent: Mayor Harry B. Tregent Minutes of the regular meeting held October 25, 1983, were submitted and approved. Trustee Richard A. Wood moved the bills as presented be allowed and paid and the 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 of the record of these proceeding by reference thereto.) Trustee Margaret Houston seconded the motion and it passed by the following votes: Those voting "Yes" Trustees H. Bernerd Dannels, Byron L. Graves, George J. Hix, Margaret Houston, Robert E. Wagner, and Richard A. Wood. Those voting "No" none. Trustee Byron L. Graves, Chairman of the Public Safety Committee, read the minutes of a meeting held on October 27, 1983, and moved the minutes be approved. Trustee Robert Wagner seconded the motion and it passed unanimously. Trustee Robert E. Wagner, Chairman of the Water Committee, read the minutes of a meeting held on November 1, 1983, and moved the minutes be approved. Trustee George Hix seconded the motion and it passed unanimously. Mr. Paul Kochevar, representing the owners, presented Site Development Plan No. 8 - Aspen Grove Cottages, which had been tabled from the October 25, 1983, Board meeting. Mr. Kochevar stated that the 20 foot dedicated right-of-way had been deeded and all other conditions placed on the plat by the Planning Commission had been met. Trustee Byron L. Graves moved Site Development Plan No. 8 - Aspen Grove Condominiums be approved. Trustee George J. Hix seconded the motion and it passed unanimously. Mr. Todd Plummer, representing the owners, presented the annexation plat for Burbach Addition, which proposes annexing 5.51 acres into the Town. The property is located next to the Henningsen Addition (north of Homestead Subdivision and west of Fall River Road). Trustee Richard A. Wood introduced the following resolution and moved it be passed and adopted: RESOLUTION 53-83 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Board of Trustees - November 8, 1983 - Page 2 The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-107 (1) (g), C.R.S. 1973, as amended, hereby states its intention to annex the area described herein. The Board of Trustees finds and determines that the Petition filed with the Town requesting annexation of the area described herein is in substantial compliance with Section 31-12-107 (1), C.R.S. 1973, as amended. The Board of Trustees further finds and determines that the Petition is signed by owners of 100% of the area proposed to be annexed, exclusive of streets and alleys. The Board of Trustees further finds that additional terms and conditions will not be imposed on said annexation. Such area, if annexed, will be known as "BURBACH ADDITION" to the Town of Estes Park, Colorado. Such area is described as follows: The following described property is located in Section 22, Township 5 North, Range 73 West of the 6th Prime Meridian, being more particularly described as follows: Beginning at the Center 1/4 corner of Section 22, T5N, R73W of the 6th P.M. as monumented by a 1 1/2" steel pipe, and considering the center -south 1/16 corner of said section, as monumented by a Larimer County Survey Corner, to bear S 00°09'18" E 1294.74' with all bearings herein relative thereto; thence S 78°03' E 510.70'; thence S 10°52'47" W 368.52'; thence S 40°55'40" E 39.76'; thence S 22°35'22" E 159.33'; thence S 36°32'31" E 47.00' thence N 71°15'25" W 31.40'; thence N 26°45'02" W 65.79'; thence N 78°01'21" W 220.20'; thence S 01"44'10" W 21.14'; thence N 71°15'51" W 255.30'; thence N 71°15'51" W 28.30'; thence N 00°09'18" W 498.05' to the Point of Beginning, said parcel contains 5.51 acres. IT IS FURTHER RESOLVED, That this annexation plat is referred to the Planning Commission of the Town of Estes Park for the review of said annexation plat and, also, to make said property subject to zoning of the Municipal Code of the Town of Estes Park, pursuant to the provisions of Section 31-12-115, C.R.S. 1973, as amended. Trustee Margaret Houston seconded the motion and it passed unanimously. Mr. Todd Plummer, representing the owners, presented the annexation plat for the Henningsen Addition and stated that all the conditions placed on the plat by the Planning Commission had been met. Trustee Richard Wood introduced, and the Town Administrator read in full, the following entitled ordinance approving the annexation of the Henningsen Addition and .coved it as passed and adopcad. AN ORDINANCE APPROVING THE ANNEXATION OF A CERTAIN TERRITORY TO THE TOWN OF ESTES PARK, COLORADO, TO BE KNOWN AND DESIGNATED AS HENNINGSEN ADDITION Board of Trustees - November 8, 1983 - Page 3 Trustee Margaret Houston seconded the motion and it passed by the following votes: Those voting "Yes" Trustees H. Bernerd Dannels, Byron L. Graves, George J. Hix, Margaret Houston, Robert E. Wagner, and Richard A. Wood. Those voting "No" none. Whereunon Mayor Pro Tem H. Bernerd Dannels declared said ordinance duly passed and adopted and ordered it numbered #14-83 and published according to law. Mayor Pro Tem H. Bernerd Dannels opened a public hearing on the zoning for Henningsen Addition. Those speaking for specific zoning: Mr. Todd Plummer, representing the owners, stated that the owners would like R-2 Multiple Family Zoning. Others speaking in favor of this zoning, none. Trustee Margaret Houston stated that if this property were zoned R-2, they may be creating spot zoning as the property immediately adjacent to Henningsen is R-Residential. A lengthy discussion followed. Those speaking in opposition to the R-2 zoning request, none. The following correspondence was received: Lloyd and Christel Burbach (in favor of R-2) . . . 11/05/83 Arthur and Esther Berndtson (opposed to R-2) . . . 10/31/83 Mayor Pro Tem Dannels declared the hearing closed. Trustee Richard Wood moved the R-2 Multiple Family Zoning be approved. Trustee George J. Hix seconded the motion and it passed by the following votes: Those voting "Yes" Trustees H. Bernerd Dannels, Byron L. Graves, George J. Hix, Robert E. Wagner, Richard A. Wood. Those voting "No" Trustee Margaret Houston. Trustee Richard A. Wood introduced, and the Town Administrator read in full, the following entitled ordinance and moved it be passed and adopted: AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO ZONING Trustee George J. Hix seconded the motion and it passed by the following votes: Those voting "Yes" Trustees H. Bernerd Dannels, Byron L. Graves, George J. Hix, Margaret Houston, Robert E. Wagner, and Richard A. Wood. Those voting "No" none. Whereupon Mayor Pro Tem Dannels declared said ordinance duly passed and adopted and ordered it numbered #15-83 and published according to law. Trustee Robert E. Wagner moved the liquor license renewal for the American Legion be approved. Trustee George Hix seconded the motion and it passed unanimously. Trustee Margaret Houston moved the liquor license renewal for the Timberline Steakhouse be approved. Trustee George Hix seconded the motion and it passed unanimously. The Board of Trustees reviewed the Request to Change, Alter, or Modify Premises as submitted by the Lazy T Motor Lodge, 1340 Big Thompson Avenue. Trustee Richard Wood moved the request be approved. Trustee Robert Wagner seconded the motion and it passed unanimously. Trustee George Hix moved the liquor license renewal for the Old Plantation Restaurant be approved. Trustee Margaret Houston seconded the motion and it passed unanimously. The Board of Trustees reviewed a request for a change of ownership of the 3.2% Beer license at Perry's Bar, 907 Moraine Avenue, from Gordon Pedersen to Edwin L. and Wanda Davis. Trustee George Hix moved the change of ownership for the liquor license at Perry's Bar be approved. Trustee Margaret Houston seconded the motion and it passed unanimously. The Board of Trustees reviewed a request for a change of ownership of the 3.2% Beer license for Bob & Tony's Pizza, 124 W. Elkhorn Avenue, from Hanks Enterprises (Corporation) to A. W. Hanks and Hazel Hanks (Partnership). Trustee Margaret Houston moved the change of ownership for Bob & Tony's Pizza be approved. Trustee George Hix seconded the motion and it passed unanimously. Board of Trustees - November 8, 1983 - Page 4 Ms. Sue Freas, Larimer County Health Department, appeared to request the Board of Trustees support the week of November 27, 1983, as "National Home Health Care Week". Trustee Robert E. Wagner moved that the week of November 27, 1983, be designated "National Home Health Care Week". Trustee George J. Hix seconded the motion and it passed unanimously. Town Administrator presented the financial consulting and underwriting proposal from Boettcher & Company to the Board of Trustees for their review. Trustee Margaret Houston introduced the following resolution and moved it be passed and adopted: RESOLUTION 54-83 WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado foresees a possible need for the issuance of municipal bonds or other 4.ndebtedness by the Town for the funding of certain projects, including, but not limited to, municipal buildings, parks, streets, and parking; and WHEREAS, the Town has a number of options available to issue such bonds, including improvement districts, general obligation, sales tax and/or other revenue bonds; and WHEREAS, it is the intention and desire of the Town to retain the services of a municipal bond firm to advise the Town as to the available options and methods of sale for financing. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: 1. The firm of Boettcher & Company is hereby designated as financial consultant for the Town of Estes Park. The term of this designation shall be for two (2) years from the date of this resolution and the terms and conditions, including the compensation and/or underwriting fee, shall be as more fully set forth in the proposal from Boettcher & Company dated October 31, 1983, attached hereto and incorporated herein by this reference. 2. The Mayor and the Town Clerk are hereby authorized to execute the proposal. Boettcher 8 Company Investment Bankers Since 1910 828 Seventeenth Street Denver, Colorado 80202 (303) 628-8000 October 31, 1983 Board of Trustees Town of Estes Park Larimer County, Colorado Board of Trustees: You have informed us that you are considering a variety or financings for your Town, and in this regard we present this financial consulting and/or underwriting proposal. By this proposal, we agree to take the following actions and to perform such other duties as, in our judgement, may be necessary or advisable: 1. Together with your staff, we will study the debt and structure of your Town, its assessed valuation and trends, the present and estimated future taxing requirements, its revenues and their trends, and on the basis of such study, to advise the Town of the available options, and their consequences, to finance proposed projects. Board of Trustees - November 8, 1983 - Page 5 2. Under the direction and legal advice of a firm of recognized municipal bond attorneys, we will assist you in and supervise the steps necessry to be taken in the legal issuance of any indebtedness and their final delivery to the purchaser. In this connection, it is understood that a firm of recognized municipal bond attorneys will be retained, whose legal services shall also include rendition of an unqualified approving opinion as to the legality of the bonds. The selection of such bond attorneys and the method of payment for their fees shall be subject to approval of the Board of Trustees. 3. At such time as it shall be decided to proceed with the issuance of indebtedness, we will assemble and transmit to the bond attorneys such data as may be petitions lpreparation eCnoticeys P orders, , ordinances, and certificates; and upon preparation thereof, we will submit such documents to your governing body for appropriate action. 4. We will attend to the printing of the registered bonds ready for signature. 5. When bonds or indebtedness are ready to be issued by the Town, Boettcher will consult with and advise the Town as to the most advantageous method for sale. Should an underwriting be the preferred method of sale, Boettcher may submit a proposal for the purchase of the bonds as underwriters which the Town may accept or reject at its option. Such proposal shall contain a price and a mutually agreeable interest rate, for a maturity schedule of the Town's choice and make provision for the payment of expenses. In the event that you do not accept our proposal to purchase your bonds we will assist you as your agent in the public sale or private placement of your bonds or indebtedness and will, as needed, also: 1. Advise you of current market conditions, forthcoming issues and other general information and economic data which might normally be expected to influence interest rates or bidding conditions so that zhe date for the sale of the bonds can be set at a time which, in our opinion, will be favorable. 2. Have prepared and mailed to prospective bidders an Official Notice of Sale, and Official Statement, containing financial data and other information of tie nature and to the extent ordinarily required by municipal securities dealers in bidding on bonds of this type.• In consideration of Boettcher & Company's assisting the Town in the public sale or placement of their bonds or indebtedness, the Town agrees to pay a fee not to exceed 1/2 of 1% of the par amount, and expenses incident to the authorization and issuance of the indebtedness, to include municipal attorney's fees, official statement expense, election supplies, legal publication costs, bond printing, which have been incurred on the Town's behalf. Such expenses shall not include reimbursement for meals, communications or travel within the State of Colorado. It is understood that we will not limit our assistance to the services specifically enumerated above, but that we will extend our services and assistances as required to insure the successful conclusion of your program in a professional and satisfactory manner. Board of Trustees - November 8, 1983 - Page 6 This contract will expire two years from its d„te and is renewable at the recommendation of the Town Administrator and concurrence of the Board of Trustees. Either party may terminate this agreement upon sixty (60) c'.ays written notice to the other party. In the event the Town terminates this agreement, they shall reimburse Boettcher & Company for all expenses incurred by Boettcher & Company to date of termination and, also, pay Boettcher & Company a reasonable fee for such services not to exceed 1/2 of to of the par amount of any proposed indebtedness. In the event Boettcher &'Company terminates this agreement, they shall be entitled to reimbursement of actual expenses incurred, but shall not be entitled to any other fee for their services. Trustee Byron L. Graves seconded the motion and it passed unanimously. In a letter dated September 12, 1983 from Dorothy Shaffer, President of the Estes Park Woman's Club, the Estes Park Woman's Club recommended that William Zimmerman be appointed to the Estes Park Library Board for a five-year term beginning January 1, 1984. Trustee George Hix moved William Zimmerman be appointed to the Library Board for a `ive- year term beginning January 1, 1984. Trustee Robert Wagner seconded the motion and it passed unanimously. Town Administrator Hill reported on the Hall Property Agreement. The purchase price for the property is $65,000 and the agreement has two conditions: (1) all the legal matters must be settled; and (2) the gas tanks must be removed. The Town Attorney is reviewing the final agreement and upon execution, the Town will escrow the money for the purchase subject to compliance with the conditions. Trustee Robert E. Wagner introduced the following resolution and moved it be passed and adopted: RESOLUTION 55-83 That the Mayor is hereby authorized and directed to sign the Hall Property Agreement subject to approval by the Town Attorney. Trustee George Hix seconded the motion and it passed unanimously. Mr. Ted Schmidt, Library Director, and Mr. Mel Busch, Museum Director, presented a slide presentation of the Lawn Lake flood of July 15, 1982. The Library and Museum produced the slide presentation with donations from several clubs and organizations in Town. The film has been distributed to the Town of Estes Park, Library, Museum, National Park Service, Bureau of Reclamation, Trail Gazette, KSIR Radio, Park School District and the Federal Emergency Management Association. There being no further business, the meeting adjourned.