HomeMy WebLinkAboutMINUTES Town Board 1985-10-22uf ztez rk1 Larimer County,Colorado 19...5.
Minutes of 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 ?2.’..day of /A.D.19 regular meeting
hour.
Meeting called to order by Mayor
Present:Mayor H.B.Dannels Trustees:Norbert I.Aldrich,
Mark T.Brown,
Town Administrator Byron I.Graves,Also Present:Dale G.Hill,George J.Hix,
Town Attorney Paula L.Laing,
Gregory A.White Richard A.Wood
Absent:None
Minutes of the regular meeting held October 8,1985 were submit
ted 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.
Mr.Dennis Jones/Capital Markets Corporation in association with
Boettcher and Company,presented a proposed resolution extending
Resolution 39-84 concerning Stanley Village which was passed
October 23,1984.The Resolution would extend the original
Resolution of Intent from December 31,1985 to June 1,1986.The
extension would facilitate selling the bonds;the sale of which
is expected to be by the end of 1985.Trustee Aldrich cited a
“conflict of interest”and stated he would not participate in
discussion or vote.
The Board of Trustees of the Town of Estes Park,Colorado,held a
regular meeting at the Municipal Building,170 MacGregor Avenue,
Estes Park,Coloraao,on Tuesday,the 22nd day of October 1985,
at the hour of 7:30 P.M.
The following members of the Board of Trustees were present,
constituting a quorum:
Mayor:H.Bernerd Dannels
Trustee:Norbert L.Aldrich
Trustee:Mark T.Brown
Trustee:Byron L.Graves
Trustee:George J.Hix
Trustee:Paula L.Laing
Trustee:Richard A.Wood
The following members of the Board of Trustees were absent:None
The following persons were also present:Town Administrator Dale
G.Hill,Town Attorney Gregory A.White,Town Clerk Vickie
O’Connor.
The meeting was called to order.Thereupon,the following
proceedings,among others,were had and taken:Trustee Wood
introduced and moved the adoption of the following Resolution
which was read by title,with copies being distributed in written
form to all members of the Board and made available to the
members of the public in attendance:
Board of Trustees -October 22,1985 -Page two
R E S 0 L U T I 0 N 19-85
A RESOLUTION EXTENDING A CERTAIN RESOLUTION OF
INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE
BONDS TO FINANCE A SHOPPING CENTER PROJECT FOR
JOHN R.P.WHEELER AND WILLIAM C.VAN HORN
WHEREAS,the Town of Estes Park,Colorado (the “Town”),
a body politic and corporate and a political subdivision of
the State of Colorado,is authorized and empowered by the
provisions of the County and Municipality Development Revenue
Bond Act,constituting part 1 of article 3 of title 29,
Colorado Revised Statutes (the “Act”),to finance a project,
as that term is defined in the Act,and to issue its indus
trial development revenue bonds for the purpose of paying the
cost of financing any such project;and
WHEREAS,John R.P.Wheeler and William C.Van Horn
representing the Developer (the “Developer”),have previously
requested the Town to issue and sell its industrial develop
ment revenue bonds pursuant to provisions of the Act for the
purpose of acquiring,constructing and equipping a retail
commercial facility constituting a retail shopping center to
be located on the northeast corner of the intersection of
U.S.Highway 34 and U.S.Highway 34 Bypass within the Town
and constituting a project,as that term is defined in the
Act (the “Project”);and
WHEREAS,pursuant to Resolution No.39-84 (the “Resolu
tion of Intention”)adopted by the Town on October 23,1984,
the Town declared its intention to authorize an issue of its
industrial development revenue bonds in an amount not to
exceed $9,500,000 for the purpose of paying the cost of
financing the Project,when so requested by the Developer,
upon such terms and conditions as may then be agreed upon by
the Town and the Developer;and
WHEREAS,unless otherwise extended,the commitments of
the Town contained in the Resolution of Intention are set to
expire on October 23,1985 if said industrial development
revenue bonds are not issued by such date;and
WHEREAS,said industrial development revenue bonds will
not be issued by October 23,1985 and the Developer has
requested that the Town extend its commitments contained in
the Resolution of Intention until June 1,1986 in order to
facilitate the issuance of said bonds;and
WHEREAS,the Board of Trustees of the Town finds thattheProjectwillpromoteeconomicdevelopmentandadditionalemploymentwithintheTown,that the economic and otherbenefitstotheTownwillbesubstantialandthatthe
Resolution of Intention should be extended until June 1,1986
in order that the development and financing of the Project
may proceed.
NOW,THEREFORE,THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO,DOES HEREBY RESOLVE,AS FOLLOWS:
Section 1.The Town does hereby affirm and ratify itsintentiontoauthorizetheissuanceandsaleofitsindus
trial development revenue bonds,under and in accordance withtheAct,in an amount necessary to pay the cost of the
Project,but in no event to exceed $9,500,000,and upon suchtermsandconditionsasmaybemutuallyagreeduponbytheTownandtheDeveloper.
Section 2.Resolution No.39-84,adopted by the Town onOctober23,1984 and the commitments of the Town and the
Developer therein contained are hereby declared to be validandbindingupontheTownandtheDeveloperuntilJune1,1986,unless further extended by the Town.
Section 3.THE INDUSTRIAL DEVELOPMENT REVENUE BONDS ANDTHEINTERESTTHEREONTOBEISSUEDINORDERTOFINANCETHEPROJECTSHALLBESPECIAL,LIMITED OBLIGATIONS OF THE TOWNPAYABLESOLELYOUTOFREVENUESDERIVEDFROMTHEPROJECTANDSHALLNEVERCONSTITUTETHEDEBTORINDEBTEDNESSOFTHETOWN
WITHIN THE MEANING OF ANY PROVISION OR LIMITATION Of THECOLORADOCONSTITUTIONORSTATUTES,AND SHALL NOT CONSTITUTE
NOR GIVE RISE TO A PECUNIARY LIABILITY OF THE TOWN OR ACHARGEAGAINSTITSGENERALCREDITORTAXINGPOWER.THE
DEVELOPER WILL INDEMNIFY AND HOLD HARMLESS THE TOWN AND ALLOFITSOFFICERS,AGENTS AND EMPLOYEES FROM ANY PERSONAL OR
PECUNIARY LIABILITY ARISING FROM ANY TRANSACTION CONTEMPLATEDBYTHEADOPTIONOFTHISRESOLUTION.
Board of Trustees —October 22,1985 -Page three
Section_4.No costs are to be borne by the Town in
connection with the transaction contemplated by this
Resolution.
Section 5.Prior to the execution of the necessary
documents in connection with the issuance of industrial
development revenue bonds to finance the Project,such
documents will be subjsct to approval by ordinance of the
Board of Trustees pursuant to law.
Section 6.All ordinances,orders,bylaws and resolu
tions,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 7.If any section,paragraph,clause,or provi
sion of this resolution with the exception 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 provision shall not affect any
of the remaining provisions of this resolution.
Section 8.This resolution shall take effect immedi
ately upon its introducion and passage.
Passed and adopted at a regular meeting of the Board of Trustees
of the Town of Estes Park,Colorado this 22nd day of October,
1925.
The motion to adopt the foregoing Resolution was duly seconded by
Trustee Hix,and the question being upon the passage and adoption
of the resolution,the roll was called with the following result:
Those voting “Yes”Trustees Brown,Graves,Hix,Laing and Wood.
Those voting “No”none.Those “Abstaining”Trustee Aldrich.
Thereupon the presiding officer declared said motion carried and
said Resolution duly passed and adopted.
After the consideration of other business unrelated to the
industrial development revenue bonds described in the foregoing
Resolution,the meeting was adjourned.
Minutes of the Administrative Committee meeting held October 9,
1985 were read.Trustee Hix,Chairman of the Committee,moved
the minutes be approved.Trustee Laing seconded the motion and
it passed unanimously.
Trustee Hix introduced,and Town Administrator Hill read aloud,
the following resolution and moved it be approved:
R E S 0 L U T I 0 N 20-85
A resolution levying general property taxes for the year 1986,to
help defray the costs of government for the Town of Estes Park,
Colorado for the 1986 budget year.
WHEREAS,the Board of Trustees of the Town of Estes Park
will adopt the annual budget in accordance with the Local Govern
ment Budget Law on November 26,1985;and
WHEREAS,the amount of money necessary to balance the budget
for general operating expenses is $112,340;and
WHEREAS,the 1986 net valuation for assessment for the Town
of Estes Park as certified by the County Assessor is $28,095,080.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO:
That for the purpose of meeting all general operating
expenses of the Town of Estes Park during the 1986 budget year,
Board of Trustees -October 22,1985 —Page four
there is hereby levied a tax of 4.00 mills upon each dollar of
the total valuation for assessment of all taxable property within
the Town for the year 1986.
That the Town Clerk is hereby authorized and directed to
immediately certify to the County Commissioners of Larimer
County,Colorado,the mill levies for the Town of Estes Park as
hereinabove determined and set.
Trustee Graves seconded the motion and it passed unanimously.
Minutes of the Joint Session meeting of the Water and Light and
Power Committees held October 10,1985 were read.Trustee Hix,
Chairman of the Water Committee,moved the minutes be approved.
Trustee Aldrich seconded the motion and it passed unanimously.
Trustee Hix moved the Mayor be authorized to sign a contract in
the amount of $1,075.00 between DeHaan Electric and the Town of
Estes Park.Trustee Aldrich seconded the motion and it passed
unanimously.
Mayor Dannels presented a Resolution and check in the amount of
$500.00 to Bob Goehring who was awarded a “Special Employee
Incentive Award”for outstanding service to the Town during the
absence of Water Superintendent Richards.
Minutes of the Special Light and Power Committee meeting held
October 10,1985 were read.Trustee Graves,Chairman of the
Committee,moved the minutes be approved.Trustee Brown seconded
the motion and it passed unanimously.
Minutes of the Public Works Committee meeting held October 21,
1985 were read.Trustee Wood,Chairman of the Committee,moved
the minutes be approved.Trustee Hix seconded the motion and it
passed unanimously.
Minutes of the Stanley Park Committee meeting held October 21,
1985 were read.Trustee Wood,Chairman of the Committee,moved
the minutes be approved.Trustee Hix seconded the motion and it
passed unanimously.
Minutes of the Planning Commission meeting held October 15,1985
were submitted.
The Planning Commission made a recommendation to the Board of
Trustees to deny the request to repeal the “Off-Street Parking
Regulations.”Trustee Hix cited a “conflict of interest”and
stated he would not participate in discussion for vote.The
following testimony was heard:
Mike Haber/Downtown Merchant -stated the off-street parking
fees created an undue financial burden on downtown mer
chants.Mr.Haber addressed six questions to the Trustees
and requested an answer to each.Mayor Dannels informed Mr.
Haber all questions would be answered when submitted in
writing.
Ross Brown/Estes Park Board of Realtors —stated the Board
of Realtors,as in the past,desired to go “on record”as
opposing the “Off-Street Parking Regulations.”The fee
discouraged downtown development.Investors were willing to
renovate existing buildings;however,the investors objected
to paying off—street parking fees particularly if the
parking spaces would be several feet away from their
storefront.Mr.Brown advised,the Board of Realtors were
willing to take the leadership of a Committee to study the
implications of the parking fees in an effort to resolve the
issue.
Louis O’Riordan/Private Citizen -stated he was unable to
lease a building downtown due to the increase in occupancy
Board of Trustees -October 22,1985 -Page five
for his particular use which would result in a parking
demand of 12 spaces or $30,000.
Ralph Richards/Downtown Merchant -stressed the off-street
parking fees should be fair and equitable for all concerned.
Mr.Richards stated additional parking should be centrally
located,perhaps by constructing an additional level of
parking over an existing parking lot.
Ken Jandrain/Downtown Merchant —requested a clarification
of a statement printed in the Trail Gazette concerning the
downtown merchant reciprocating his fair share and paying
his own way.
Lou Canaiy/Private Citizen -stated the parking issue had
been discussed since 1965.As a member of the Colorado
Tourism Board,Mr.Canaiy stated many tourists drive through
Estes Park;other communities would greatly appreciate
their business.
In an effort to clear the misunderstanding of the Off-Street
Parking Fees,Trustee Brown stated no fees were involved when an
existing business changes ownership.The fee comes into effect
only when and if the parking demand is increased.For example,
if an existing retail business is enlarged or converted to a use
requiring more parking,the parking fee becomes applicable.
Mayor Dannels returned two checks totaling $4,000 to Mr.Haber
which he had given to the Planning Commission October 15,1925.
Following further discussion,Trustee Wood the Board of Trustees
concur with the Planning Commission recommendation to deny the
repeal of the Off-Street Parking Regulations.Trustee Laing
seconded the motion and it passed by the following votes:Those
voting “Yes”Trustee Aldrich,Brown,Graves,Laing and Wood.
Those voting “No”none.Those “Abstaining”Trustee Hix.
The Board of Trustees considered the annexation and zoning of
Arapaho Meadows Addition.The public hearings were held October
8,1985;the final decision was tabled.Mr.Bill Van Horn,representing the petitioner,stated negotiation of the Annexation
Agreement had taken place.Trustee Graves moved the Arapaho
Meadows Addition Annexation Agreement be accepted.Trustee
Aldrich seconded the motion and it passed unanimously.
Trustee Wood introduced,and Town Administrator Hill read in
full,the following Resolution of Annexation and moved it be
approved:
R E 5 0 L U T I 0 N 21-85
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF ESTES PARK,
COLORADO:
The Board of Trustees of the Town of Estes Park,Colorado,
in accordance with Section 31—12-110,C.R.S.,hereby finds that
with regard to the proposed annexation of the following described
area that the requirements of the applicable parts of Section
31—12—104 and 31—12—105,C.R.S.,have been met;that an election
is not required under Section 31-12-107 (2),C.B.S.;and that no
additional terms and conditions are to be imposed on the
annexation.The area eligible for annexation as “ARAPAHO MEADOWS
ADDITION”to the Town of Estes Park is as follows:
Beginning at the northwest corner of Section 1,T4N,R73W,
thence Easterly along the North line of said Section 1
1,972.37’to the west line of Erickson’s Addition;thence
leaving said north line south 550.4’to the southwest corner
of Erickson’s Addition;thence along the south lines of
Erickson’s,Dannels,Kidwell,and Pinewood Additions
S83°27’E 127.62’,and continuing S68°05”E 1,224.4’to
Board of Trustees —October 22,1985 -Page six
westerly right-of-way line of Colorado Highway 7;thence
continuing S68°05’49”E 104.59’to easterly right—of-way of
Colorado Highway 7;thence along said right-of-way
S38°56’03”W 486.69’;thence N46°51’37”W 100.27’;thence
N46°55’W 661.7’;thence S88°31’W 450.9’;thence S40°31’W
1,076.28’;thence N51°05’W 322.42’;thence S22°59’W 252.1’;
thence S12°49’W 311.9’;thence S12°49’OO”W 0.98’;thence
S10°09’08”E 110.00’;thence S88°25’Ol”W 356.34’;thence
S15°00’OO”W 374.37’to the northerly right—of—way line of
Colorado State Highway 7;thence 437.48’along the arc of a
non—tangent curve concave to the south along said northerly
right—of—way line,said curve has a delta angle of
32°43’03”,a radius of 766.13 feet and is subtended by a
chord which bears S88°53’29”W a distance of 431.56’;thence
continuing on said right—of—way southwesterly along a curve
concave to the southeast,with a radius of 766.7’for a
distance of 887.2’,resultant chord being S89°02’W 838.1’;
thence along said right—of—way S05°50’W 550.2’;thence
leaving said highway right-of-way 589°29’W 752.7’to the
west line of the east ½of Lot 7,Section 2,T4N,R73W;
thence N00°31’W 2,969.0’to a point on the west line of Lot
1 of said section;thence N00°38’30”W 483’more or less to
U.S.B.L.M.brass cap #A.P.2;thence N42°04’E 513.8’to
U.S.B.L.M.brass cap #A.P.1;thence S88°39’E 985’to the
point of beginning;containing 200.019 acres.
Trustee Hix seconded the motion and it passed unanimously.
Trustee Wood introduced,and Town Administrator Hill read in
full,the following Ordinance of Annexation and moved it be
approved:
AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY
TO THE TOWN OF ESTES PARK,COLORADO,TO BE KNOWN AND
DESIGNATED AS ARAPAHO MEADOWS ADDITION
Trustee Aldrich seconded the motion and it passed by the follow
ing votes:Those voting “Yes”Trustees Aldrich,Brown,Graves,
Hix,Laing and Wood.Those voting “No”none.Whereupon Mayor
Dannels declared said ordinance duly passed and adopted and
ordered it numbered 8-85 and published according to law.
Mr.Van Horn stated the petitioner was in agreement with the
Planning Commission recommendation of zoning the entire addition
E-1 Estate with the exclusion of Tracts 6 and 7,which would be
zoned E—2.Trustee Brown introduced,and Town Administrator Hill
read in full,the following Ordinance of Zoning and moved be be
approved
AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE
OF THE TOWN OF ESTES PARK,COLORADO,THE SAME PERTAINING
TO ZONING
Trustee Hix 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.Whereupon Mayor Dannels
declared said ordinance duly passed and adopted and ordered it
numbered 9-85 and published according to law.
Mr.Paul Kochevar,representing the owners,presented Pine Knolls
Subdivision Lot Split of a Portion of Lot 21,South Saint Vram
Addition.The proposed subdivision is located at the northwest
corner of Highway 7 (Pine Knoll Apartments)and Pine Knoll Drive.
Lot 21 currently contains apartment buildings and a single-family
residence.Mr.Kochevar advised conditions placed on the lot
split by the Planning Commission had been met.Trustee Wood
moved Pine Knolls Subdivision be approved.Trustee Brown second
ed the motion and it passed unanimously.
Trustee Wood moved the following liquor license renewals be
approved:
Board of Trustees -October 22,1985 -Page seven
Nicky’s Restaurant and Lounge,1350 Fall River Road,Hotel
and Restaurant Liquor License,includes Extended Hours;
China Town Super Sea Food,160 South Saint Vram Avenue,
Hotel and Restaurant Liquor License;and
Winny Enterprises dba Pizza Hut,430 Prospect Village Drive,
3.2%Retail Beer License.
Trustee Aldrich seconded the motion and it passed unanimously.
Upon completion of all agenda items,Mayor Dannels invited public
participation.Comments were heard from Lou Canaiy regarding the
Colorado Tourism Industry.
There being no further business,the meeting adjourned.
Mayor
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Town Clerk