HomeMy WebLinkAboutMINUTES Town Board 1985-09-24Cøftiu øf iEIc 3flwh,Larimer County,CoIorad .19....
Minutes of a ....requlr meeting of the Board of Trustees of the Town of Estes
Park,Lorimer County,Colorado.Meeting held in the Town Hall in said Town of Estes Park
on the .day of p.ptither A.D.19P..at regular meeting
hour.
Meeting called to order by Mayor pil
Present:Mayor H.B.Dannels Trustees:Norbert L.Aldrich,
Mark T.Brown,
Byron L.Graves,
George I.Hix,Town Administratori.so rreseflt:.Paula I.LaingDaleG.Hill,Richard A.WoodTownAttorney
Gregory A.White
Absent:None
Minutes of the regular meeting held September 16,1985 were
submitted and approved.
Trustee Graves moved the bills,as presented,be allowed and paid
and that the Clerk be authorized to draw warrants for 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 proceedings by reference thereto).Trustee
Wood seconded the motion and it passed by the following votes:
Those voting “Yes”Trustees Aldrich,Brown,Graves,Hix,Laing
and Wood.Those voting “No”none.
Minutes of the Code and Sanitation Committee meeting held Septem
ber 19,1985 were read.Trustee Aldrich,Chairman of the Commit
tee,moved the minutes be approved.Trustee Brown seconded the
motion and it passed unanimously.
Trustee Brown moved the Mayor be authorized to execute the “Plan
for Dissolution and Agreement”between the Estes Park Sanitation
District and the Town of Estes Park.Trustee Hix seconded the
motion and it passed unanimously.
Minutes of the Public Works Committee meeting held September 19,
1985 were read.Trustee Wood,Chairman of the Committee,moved
the minutes be approved.Trustee Hix seconded the motion and it
passed unanimously.
Discussed followed regarding the “cemetery proposal”.Ms.Kay
Haughey,President,Estes Valley Memorial Gardens presented a
summary of the “Economic Feasibility Report and Other Consid
erations.”Certified Land Appraiser Maurice Worley listed the
value of the proposed Memorial Gardens site (6+acres of
Town-owned land)located on Fish Hatchery Road as $156,750.The
summary also included information concerning:benefits,back
ground influencing cemetery decisions and projections,sales of
cemetery plots,immediate revenue for the Town,donated and
pledged services,adjoining property owners,environment,and
existing Larimer County zoning.Mr.Walter Gurley,Member,Estes
Valley Memorial Gardens Board of Directors,submitted a “Summary
of Test Borings”for the proposed site along with a drawing
indicating “phases”of construction for the cemetery.Mr.Gurley
also submitted an “Interment and Cash Flow Projection”analysis
for review by the Board of Trustees.The Estes Valley Memorial
Gardens requested the people of the community be allowed to vote
on this issue.Mr.Steven Francis,Attorney,representing
Francis G.Winters,adjacent property owner,stated the primary
focus on the proposed cemetery was:(1)selling price of the
land,determining “fair market value”,and (2)the Town’s desire
for development for the entire piece of property (80 acres)
Comments were also heard from Ned Linegar,Robert Meyer,and
Board of Trustees -September 24,1985 —Page two
Louis O’Riordan.In Town Attorney White’s August 13,1985 legal
opinion,Mr.White stated (1)the property must be sold for fair
market value,and (2)a provision in the agreement would require
that the Town operate the cemetery in perpetuity if it obtains
the property from the corporation.Following additional comments
from the Board,Trustee Wood moved Town Administrator Hill be
authorized to:
1.Arrange for an independent appraisal of the entire 80
acres of property,with the inclusion of the cemetery
and its effect;
2.Resolve all possible legal ramifications;
3.Explore the various possible financial arrangements for
the purchase of the 6 acres of land by Estes Valley
Memorial Gardens,Inc.;
4.Explore the option of “phasing”the purchase by the
sale of one (1)acre of land with options on the bal
ance.
Trustee Hix seconded the motion and it passed unanimously.
Minutes of the Stanley Park Committee meeting held September 23,
1985 were read.Trustee Wood,Chairman of the Committee,moved
the minutes be approved.Trustee Laing seconded the motion and
it passed unanimously.
Minutes of the Planning Commission meeting September 17,1985
were submitted.
The Board of Trustees reviewed the Sales Tax Petition which was
submitted by Louis O’Riordan.Town Attorney White submitted and
read aloud,his legal opinion which was dated September 24,1985.
The letter addressed applicable statutory requirements for the
referendum petition (which listed three deficiencies),and
ability of the Town to place a sales tax repeal on food on the
ballot.Based upon Attorney White’s recommendation,Trustee Hix
moved the Sales Tax Petition be rejected due to the following:
1.Section 1-40-107,C.R.S.,requiring that petitions be
printed on pages 8½”xll”;
2.Section 1—40—107 and 1—40—117(2),C.R.S.,requiring
that no petition shall be printed,published or cir
culated until the Town Clerk has approved said petition
as to form;
3.The Town does not have the statutory power to exclude
sales of food in restaurants from the sales tax.The
Town cannot legally amend Chapter 3.08 as requested in
the petition.Also,the Town does not have the legal
ability or right to amend the proposed petition to
conform to statutory and constitutional requirements.
Trustee Wood seconded the motion and it passed by the following
votes:Those voting “Yes”Trustees Aldrich,Brown,Graves,Hix,
Laing,and Wood.Those voting “No”none.
Southland Corporation,dba 7-11 Store,393 East Elkhorn Avenue,
submitted a renewal application for a 3.2%Beer License.Trustee
Wood moved the renewal application be approved.Trustee Brown
seconded the motion and it passed unanimously.
Mayor Dannels requested Dale G.Hill be reappointed to serve a
five—year term on the Estes Park Urban Renewal Authority Board of
Directors.The term will begin September 14,1985 and expire
September 14,1990.Trustee Hix moved the reappointment of Dale
G.Hill to the Estes Park Urban Renewal Authority Board of
Director be approved.Trustee Aldrich seconded the motion and it
passed unanimously.
Board of Trustees -September 24,1985 -Page three
Trustee Hix moved Mrs.Lois Moor be appointed to serve on the
Estes Park Library Board,with a five-year term beginning January
1,1986.Trustee Brown seconded the motion and it passed unani
mously.
Correspondence was received from E.A.Hartsook,President,High
Drive Property Owners Association,which included a $70 donation
to the Town;Karen Pielin,Work Study Coordinator,Park School
District R-3 expressing the School’s appreciation in the Town
agreeing to place Grant Cole in the Work-Study Program;and John
Jarrett expressing his gratitude for Town services.
Mayor Dannels stated he,along with Public Works Director Widmer,
attended the VocTech dedication of the “equipment training
course”which will be used for training operators of heavy
equipment.The Town of Estes Park participated in the curriculum
for the school.
Mayor Dannels also participated in a tour of the Craig Generating
Station,which included Trapper Mine.Platte River Power
Authority owns 18%of the original two generating units of the
Craig Station,and 18%of the mine.
There being no further business,the meeting adjourned.
Mayor
•.&:d)
Town Clerk