HomeMy WebLinkAboutMINUTES Town Board 1985-12-16Larimer County,CoIrado ...
Minutes of a .regula 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 .
.day of .
..P!fl.1?e A.D.at regular meeting
hour.
Meeting called to order by Mayor
Present:Mayor H.B.Dannels Trustees:Norbert L.Aldrich,
Mark T.Brown,
Byron L.Graves,
Town Administrator George I.Hix,
Also Present:Dale G.Hill Paula L.Laing,
Town Attorney Richard A.Wood
Gregory A.White
Absent:None
Minutes of the regular meeting held November 26,1985 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 Hix
seconded the motion and it passed by a vote of 6-0.
Mayor Dannels declared a continuation of the public hearing
concerning the issuance and sale of industrial development revenue
bonds —Series “B”for Phase II of Stanley Village.Trustee Aldrich
cited a “conflict of interest”and stated lie would not participate
in discussion or vote.Those persons speaking in “favor”of the
Issuance and Sale of Bonds:Mr.Bill Van Horn,partner,Stanley
Commercial Development,Ltd.Mr.VanHorn advised the Trustees that
this portion of the financing will be used to develop and improve
the lower portion of the property.Mayor Dannels declared the public
hearing closed.Trustee Laing introduced,and Town Attorney White
read in full,the following ordinance and moved it be adopted:
TOWN OF ESTES PARK,COLORADO
ORDINANCE NO.13—85
SERIES OF 1985
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF
TOWN OF ESIES PARK,COLORADO,
INDUSTRIAL DEVELOPMENT REVENUE BONDS,
(STANLEY VILLAGE SHOPPING CENTER PROJECT),SERIES 19858
IN THE AGGRCGATE PRINCIPAL AMOUNT OF 14,600,000;AND
APPROVING THE FORM AND AUTHORIZING
THE EXECUTION OF CERTAIN DOCUMENTS RELATING THERETO;
WHEREAS,The Town of Estes Park,Larimer County,Colorado (the
‘Town),is by Title 29,Article 3,Part 1,Colorado Revised Statutes,as
ariended (the ‘Act’),to issue revenue bonas for the purpose of financing
one or more projects,including any land,building or other improvements
and all teal or personal properties suitable or used for or in connection
with a manufacturing,industrial,commercial,agricultural or business
enterprise,and to enter into a Loan agreerrent with a user providing for
payment to the Town of revenues sufficient for the payment of the
principal of and interest on the Bonds;and
WHEREAS,by a Resolution No.39-84 duly adopted on November 23,1984,
as extended by Resolution No.19-85,duly adopted on October 2?,1985,(the
“Inducement Resolution”),the Town declared its intention to authorize its
industrial development revenue bonds in an aggregate principal amount not
to exceed 19,500,000 in accordance with the provisions of the Act for the
purpose of paying the cost of financing a retail shopping center at Stanley
Village Shopping Center;and
Board fL rustees —December Ih,1 -Page two
WHEREAS,the Town now desires to euhborize and issue its Town of Estes
Perk,Larimer County ,Colorado,i”custrial 1evelopment Revenue Bonds,
(Starey Village Shopping Center Prcj t),Series 19855,in the aggregate
principal amount of 54,600,0110 (the “E s”);and
WHEREAS,the proceeds of the Bond issue will be loaned to Stanley
Ccmmercial Development,Ltd.,a Colorado limited partnership,(the
‘Partnership”)for the acquisition,construction and installation of Phase
II of Stanley Village Shopping Center (the Project);and
WHEREAS,the following documents have been suhiitted to the Board of
Trustees of the Town and filed in the office of the Town Clerk (the
‘Clerk’)and are available for public inspection:
(a)a Loan Agreement,dated as of December 1,1985.ano to be
actually executed on the date of delivery of the Bonds (the “Loan
Agreement’),proposed to be made and entered into between the Town arid the
Partnership;
(b)a Trust Indenture,dated as of December 1,1985,and to be
actually executed on the date of delivery of the Bonds (the “Indenture”),
proposed to be made and entered into between the Town and Central Bank of
Denver,a banking corporation,in Denver,Colorado (the “Trustee”);
fc)a Bond Purchase Agreement,to be executed on the date of delivery
of the Bonds (the “Bond Purchase Agreement),proposed to be made and
entered into between the Town and Capital Markets Corporation (the
‘Underwriter”);and
WHEREAS,it is necessary to authorize the issuance of the Bonds by
Ordinance and to approve the form and authorize the execution of documents
in connection with the issuance thereof,
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,
COLORADO:
Section 1.Approvals and Authorizations.The form,terms and
provisions of the Loan Agreement,the Indenture and the Bond Purchase
Agreement in the forms presented to the Board of Trustees are hereby
approved.The Mayor and the Clerk are hereby authorized and directed to
execute the Loan Agreement,the Indenture,and the Bond Purchase Agreement
and affix the seal of the Town thereto,and further to execute and
authenticate such other documents,instruments or certificates as are
deemed necessary or desirable by bond counsel in order to itsue and secure
the Bonds.Such documents are to be executed in substant ally the form
hereinabove approved,provided that such documents may be completed,
corrected or revised as the Mayor of the Town shall approve in order to
carry out the purposes of this Bond Ordinance,the Mayors execution
thereof being deemed conclusive of his approval of such completion,
correction or revision.Copies of all of the documents shall be delivered,
filed and recorded as provided therein.
The proper officers of the Town are hereby authorized and directed to
prepare and furnish to bond counsel certified copies of all proceedings and
records of the Town relating to the Bonds and such other affidavits and
certificates as may be required to show the facts relating to the authori
zation and issuance thereof as such facts appear from the books and records
in such officers custody and control or as otherwise known to them.All
such certified copies,certificates and affidavits,including any
heretofore furnished,shall constitute representations of the Town as to
the truth of all statements contained therein.
The approval hereby given to the various documents referred to above
includes an approval of such additional details therein as may be necessary
and appropriate for their completion,including interest rates and any
numbers derived therefrom,and such modifications thereto,deletions
therefrom and additions thereto as may be approved by bond counsel prior to
the execution of the documents.The execution of any instrument by the
appropriate officers of the Town herein authorized shall be conclusive
evidence of the approval by the Town of such instrument in accordance with
the terms hereof.
Section 2.Bond Details.The Town shall issue its Jndustrial
Development Revenue Bonds,(Stanley Village Shopping Center Project),
Series 1985E,in the aggregate principal amount of 54,600,000,dated as of
December 1,1985,as fully registered bonds numbered R—1 upwards,for the
pirpose,in the form and upon the terms set forth in this Bond Ordinance
and the Indenture.
The Trustee shall act as Paying Agent,Transfer Agent,Tender Agent
and Registrar of the Bonds.Principal of and premium,if any,on the Bonds
shall be payable at the principal corporate office of the Trustee,or its
successor trustee,upon maturity,prior redemption,or purchase,upon
presentation and surrender of the Bond to the Trustee.Payment of interest
shall be made to the registered owner thereof by check or draft mailed by
the Trustee,on or before such interest payment date to the registered
owner thereof at the address shown on the registration books at the close
of business on the record date for such interest payment date.
The Bonds are subject to mandatory redemption and optional redemption
in accordance with the Indenture;notice of such prior redemption shall be
given by the Trustee in accordance with the Indenture.
jrJ 6,1385 Page three
.ax’mm ret effective interest rate authorized for the Bonds shall
t e..d fourteen percent (14%),unless otherwise approved by the Town,
the Partnership and the Trustee.
Section 3.Bond Reqistration.The Bonds will be issued in the
denomination of 55,000,or any integral multiples thereof,registered as to
both principal and interest.The person in whose name the Bond is regis
tered shall be regarded as the owner of that Bond for all purposes.Pamient
of principal of or interest on any Bond will be made only to the registered
owner or,upon a written order of the registered owner thereof,to his
legal representative.
The registration and exchange of the Bonds,and the authentication and
delivery of Bonds in substitution for mutilated,lost,stolen or destroyed
Bonds or Bonds not delivered for purchase shall be in accordance with the
Indenture.
Section 4.Form and Execution of Bonds.The form,terms and
provisions of theonds,substantially in the form set forth in the
Indenture,shall be and hereby are approved;and the Mayor is hereby
authorized and directed to execute the Bonds,and the Town Clerk is hereby
authorized and directed to attest the Bonds,substantially in the form set
forth in the Indenture,but with such changes therein as shall be
consistent with the Indenture and this Ordinance and as the Mayor executing
the Bonds shall approve,his execution thereof being deemed conclusive of
his approval of any such changes.The Bonds shall be executed by the
manual or facsimile signatures of the Mayor and Town Clerk and shall be
authenticated by the manual signature of an authorized representative of
the Trustee.A manual or facsimile seal of the Town is hereby authorized
and directed to be a’ffixed to or imprinted on the Bonds.Should any
officer whose manual or facsimile signature appears on the Bonds cease to
be such officer before delivy of the Bonds to the purchaser,such manual
or facsimile signature shah nevertheless be valid and sufficient for all
purposes.
Section 5.Determinations.It is hereby found,determined and
declared that:
(a)the Loan Agreement provides that the Partnership shall maintain
the Project and carry all proper insurance with respect thereto;
(b)the Loan Agreement requires that the Partnership pay the taxes
which the taxing entities specified in Section 29-3—120(3)of the Act are
entitled to receive with respect to the Project;
(c)the amount necessary to pay the principal and interest has been
calculated and the paynents required in the Loan Agreement to be made are
sufficient to pay the principal of,interest on,and any premium due in
connection with the Bonds when due and to pay all other costs required in
the Loan Agreement to be made;
(d)the Project,as more fully described in the Loan Agreement,
constitutes a project authorized by and described in Section 29-3—103(10)
of the Act,and will serve a valid public purpose;
(e)the issuance and sale of the Bonds,the execution and delivery of
the Loan Agreement,the performance of all covenants and agreements of the
Town contained in the Loan Agreement,and all actions required under the
laws of the State of Colorado to make the Loan Agreement and Bonds valid
and binding obligations of the Town in accordance with their terms,are
authorized by the Act;and
(f)No member of the Board of Trustees having acted upon this Bond
Ordinance in his or her official capacity:fi)has a direct or indirect
interest in the Project,the Loan Agreement,the Indenture,the Bond
Purchase Agreement,or the Bonds,(ii)owns any interest in the Project or
the Partnership,(iii)is a partner or employee of the Partnership,(iv)
will be involved in supervising the completion of the Project on behalf of
the Partnership,or fv)will receive any commission,bonus or other
remuneration for or in respect to the Project,the Loan Agreement,the
Indenture,the Bond Purchase Agreement,or the Bonds.
Section 6.Nature of 0bliqator-tion.Under the provisions of the Act,and
as provided in the Loan igreement,the Bonds shall be special,limited..
obligations of the Town payable solely from,and secured by a pledge of,
the revenues derived from the Loan Acreement or.to the extent orovided in
tne Loan 4ereement,the proceeds of the Bonds aadthe interest thereon._The
Icen will not pledge any of its property or secure the payment of the Bonds
with its property.The Bonds shall never constitute the debt or indebted
ness of the Town,within the meaning of any provision or limitation of the
state Constitution,statutes,or home rule charter,and shall not con
stitute nor give rise to a pecuniary liability of the Town,its agents,
emoloyees or officers,or a charge against its general credit or taxing
powers.In entering into the Loan Agreement,the Town will not obligate
itself,except with respect to the application of the revenues derived
from the Loan Agreement and the lending of the bond proceeds for the
Project.The Town will not pay out of its general fund or otherwise
contribute any part of the Projects Costs (as said term is defined in the
Loan Agreement).
Board of Trustees -T’ecernber 16,1-E -T-Ju tour
Section?.Bond Fund.The “Industrial Development je Bond,
(Stanley Village r5Tng Cter Project)Band Fund”(the Bond Fund),is
hereby created and further established under the Indenture and all deposits
into the Bond Fund shall be applied solely for the paynent of the principal
of,premium,if any,and interest on the Bonds,until the Bonds shall be
fully paid,satisfied,and discharged.
Section 8.Revenue Fund.The “Industrial Development Revenue Bond,
(Stanley Village Shopping Center Project)Revenue Fund”(the Revenue
Fund),is hereby created and further-established in the Indenture in an
amount indicated in the Indenture,for the purpose of paying the principal
of,premium,if any,and interest on the Bonds.Payments made by the
Partnership,monies drawn under Credit Facility or payable under the Pledoe
Agreement,if any,or interest paid or investment of moneys on deposit in
the Project Loan Fund or in the Bond Fund will be deposited into the
Revenue Fund and shall be transferred by the Trustee to the Bond Fund.
In addition,upon the occurrence of an Event of Default under the
Indenture or the Loan Agreement and the exercise by the Trustee of the
remedy of declaring the principal and accrued interest on all outstanding
Bands due and payable,any moneys in the Revenue Fund shall be transferred
by the Trustee to the Bond Fund and applied in accordance with the
Indenture.
Section 9.Project Loan Fund.The “Industrial Development Revenue
Bonds (Stanley Vi1lag Shopping Center Project)Project Loan Fund”(the
“Project Loan Fund”),is hereby created and further established under the
Indenture.The proceeds of the Bonds (after deposits of accrued interest
to the Bond Fund)will be deposited to the Escrow Account of the Project
Loan Fund and used or expended as provided in the Loan Agreement.
Section 10.Election Under Internal Revenue Code.The Town shall do
all acts necessary to complete the election for the application of the
510,000,000 small—issue exemption pursuant to Section 103(b)(6)(D)of the
Internal Revenue Code of 1954,as amended,and all regulations thereunder.
Section 11.Opinion of Bond Counsel.The issuance of the Bonds by
the Town is subject to the receipt of an unqualified opinion by a nation
ally recognized bond counsel firm regarding the tax-exempt status of the
Bonds.
Section 12.Bond Ordinance Irrepealable.After the Bonds are issued,
this Bond Ordinance shall constitute an irrevocable contract between the
Town and the Owners of the Bonds and shall be and remain irrepeal able
until the Bonds,as to both principal,premium,if any,and interest,
shall be fully paid,cancelled and discharged.
Section 13.Ratification.All actions heretofore taken by the Town
and by the officers thereof not inconsistent herewith directed toward the
financing of the Project and the issuance and sale of the Bonds are hereby
ratified,approved and confirmed,including the adoption and publication of
the notice of hearing for TEFRA purposes.
Section 14.Repealer.All acts,orders,ordinances,or parts
thereof,taken by the Town and in conflict with this Bond Ordinance are
hereby repealed,except that this repealer shall not be construed so as to
revive any act,order,ordinance,or part thereof heretofore repealed.
Section 15.Severability.If any part or parts of this Bond
Ordinance are for any reason held to be invalid,such decision shall not
affect the validity of the remaining portions hereof.The Board hereby
declares that it would have passed this Bond Ordinance and each part or
parts hereof,irrespective of the fact that any one part or parts be
declared invalid.
Section 16.Limitation of Actions.Pursuant to Section 29—3—122 of
the Act,no action shall be brought questioning the legality of the Loan
Agreement,the Indenture,the Bond Purchase Agreement,or the Bonds,or any
other contract or proceedino executed in connection with the Project on or
after thirty days from the effective date of this Bond Ordinance.
Section 17.Official Statement.The Preliminary Official Statement,
dated November 21,1985,relatino to the issuance and sale of the Bonds is
hereby approved in the form heretofore presented.The Mayor and other
members of the Board of Trustees and employees of the Town are hereby
authorized and directed to assist in completing an Official Statement
including such changes as the officials and employees of the Town deem
necessary to update the information in the Preliminary Official Statement.
Copies of the Preliminary Official Statement and the Official Statement are
hereby authorized to be distributed to all interested parties in connection
with the sale of the Bonds.The Mayor is hereby authorized and directed to
execute the Official Statement substantially in the form of the Preliminary
Official Statement,with such changes therein as shall be consistent with
this Ordinance,the Indenture and the Loan Agreement and as he shall
approve,his execution thereof being deemed conclusive of his approval of
such changes.
Section 18.Direction to Take Action.The appropriate officers and
members of the Boara of Trustees are hereby authori zed and directed to take
all other actions necessary or appropriate to effectuate the provisions of
this Ordinance,including,but not limited to,the execution of such
certificates and affidavits as may reasonably be required by the purchaser
of the Bonds.
r,cd o I..ober 16,1925 Page five
Section 19.Emeroency,Recording and Authentication.The Board of
Trustees herewith finDs,determines and designates that this Ordinance is
necessary for the imediate preservation of public peace,health and safety
in view of the favorable financing terms now available and because of the
extremely unstable conditions relating to the marketing of,and interest
rate on,the Bonds;an emergency is declared to exist;and this Ordinance
shall take effect and be in force irnediately after its passage,adoption
and signature of the Mayor.This Ordinance,irnediately on its passage,
shall be numbered and recorded in the official records of the Town kept for
that purpose and shall be authenticated by the signatures of the Mayor and
Town Clerk.This Ordinance shall be published in a legal newspaper of
general circulation in the Town.
INTRODUCED,READ APPROVED,ADOPTED AND ORDERED PUBLISHED,this 16th
day of December,1985.A Public Hearing on this Ordinance was held at the
regular meeting of the Board of Trustees of Estes Park,Colorado,on the
16th day of December,1985 prior to adoption.
Trustee -rcwn seconded the motion to approve Ordinancel3—E5ihe
question being the adoTon of the notion,the roll was called iT}i the
following result:
Those voting YES:
Trustees:Mark I.Brown
Byron L.Graves
George J.Hix
Paula L.Laing
Richard Wood
Those voting NO:None
Those abstaining Norbert L.Aldrich
Whereupon Mayor Dannels declared said Ordinance duly passed and
adopted and ordered it numbered 13-85 and published according
to law.
Trustee Wood introduced,and Town Attorney White read in full,
the following Resolution and moved it be adopted:
RESOLUTION NO.23za
A RESOLUTION OF TEE BOARD OF TRUSTEES Of THE TOWN OF
ESIES FARK,COLORADO AUTHORIZING,APPROVING AND
DIRECTING TEE TOWN Cf ESTES PARK,COLORADO TO ENTER INTO
A CERTAIN COOPERATION AGREEMENT WITH THE ESTES PARK
URBAN RENEWAL AUTHORITY AND TEE CENTRAL BANK OF DENVER,
A BANKING CORPORATION,RATIFYING CERTAIN ACTIONS
HERETOFORE TAKEN;AND REPEALING ANY ACTION HERETOFORE
TAKEN IN CONFLICT HEREWITH.
WHEREAS,the Town of Estes Park,Colorado (the “Town”)
is a municimal corporation and statutory town duly created,
organized and existing under the Constztution and laws of the
State of Colorado;and
WHEREAS,the Town pursuant to the Colorado Urban Renewal
Law,Section 31-25-101,at seo.,Colorado Revised Statutes
(the “Act”)has approved and authorized the “Town of Estes
Park Downtown Redevelopment Program,“as an urban renewal
plan under the Act (the “Plan’);and
WHEREAS,in order to facilitate the implementation of
the Plan and to assist the Estes Park Urban Renewal Authority
(the “Authority”)in the issuance of its Tax Increment Bonds,
Series 1925,in the agaregaze pr:nczpal amount of $2,209,000
(the “SerIes 1985 Bonds”)there has been presented to the
Poard of Trustees a Cooeraticn Agreement dated as of
December 1,1985 (the “Cooperation Agreement”)among the
Town,the Authority and Central Bank of Denver,a banking
corporation (the “Trustee”);and
WHEREAS,pursuant to the Act,the Town is authorized to
enter into cooperation agreements in order to assist the
Authority in imlementing the Plan.
NOW,THEREFORE,THE BOARD OF TRUSTEES OF TEE TOWN OF
ESTES PARK,COLORADO DOES HEREBY RESOLVE,AS FOLLOWS:
Section 1.All actions not inconsistent with the
provisicns of this Resolution heretofore taken by any of the
officials of the Town and the efforts of the Town directed
toward the implementation of the Plan shall be,and the same
hereby are rat;fied,aroveU and confirmed.
,t Trustev ‘cmber 16,j
Secf:ct2.The fcrn,:es :av;saons of the
Cocperatlon Agreement shall ama same hereby are
authorized and atprcved,and the I:ser shall enter anto the
Cocperation Agreement sbs:ent ally the form of the
Cooperation Agreement ;-esnteo to the Board of Trustees
of the Town at this meetIng,hut wr th such changes there;n as
shall be consistent ±z-.thas esclutacn and as the Mayor of
the Board cf Trustees of the Tcn shall aprove,hs
execution thereof being deemed conclusive of his ampraval of
any such changes.The Mayor of the Scard of Trustees of the
Town is hereby authorized and directed to execute and deliver
the Cooperation Agreement for and on behalf of the Town in
substantially the fcrm of such document presented at this
meeting.The Town Clerk pro ten is hereby authorized and
directed to affix the seal of the Tcwn to,and to attest to,
the Cooperation Agreement in substantially the form of such
document presented at this meeting.
Section 3.After the Series 1985 Bonds are issued,this
Resolution shall be and remain irrepealable,and may not be
amended except in accordance with the first Suoplemental
Indenture of Trust (the ‘First Supplemental Indenture”)dated
aS of December 1,1985,between the Trustee and the
Authority,amending and sumplementing an Indenture of Trust
dated as of May 1,1984 between the Authority and the Trustee
(the “Original Indenture”together with the First
Supplemental Indenture (the “Indenture”))until the Series
1985 Bonds and interest thereon shall have been fully paid,
canceled and discharged by the Authority in accordance with
the Indenture.
Section 4.If any section,paragraph,clause or
provision of this Resolution 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 5.All bylaws,orders,resolutions and
ordinances,or parts thereof inconsistent herewith or with
the document hereby approved are hereby repealed to the
extent only of such inconsistency.This repealer shall not
be construed as reviving any bylaw,order,resolution or
ordinance,or part thereof.
Section_6.This Resolution shall be in effect from and
after its final passage by the Board of Trustees.
Trustee Hix seconded the motion and it passed by the following
vote:
Those Voting Yes:
Trustees:Norbert L.Aldrich
Mark T.Brown
Byron L.Graves
George J.Hix
Paula I.Laing
Richard Wood
Those Voting No:None
Those Absent:None
Whereupon Mayor Dannels declared said Resolution duly passed and
adopted.
Board of Trustees —December 16,1985 —page seven
Minutes of the November 27,1985 Board of Adjustment meeting were
submitted.
Trustee Laing introduced,and Town Attorney White read in full,the
following Ordinance and moved it be adopted:
AN ORDINANCE PERTAINING TO THE PLACEMENT
OF A PUBLIC PURPOSE SIGN
Trustee Brown seconded the motion and it passed by a vote of 6—0.
Whereupon Mayor Dannels declared said Ordinance duly passed and
adopted and ordered it numbered 14-85 and published according to
law.
Trustee Wood introduced,and Town Attorney White read in full,the
following Ordinance and moved it be adopted:
AN ORDINANCE AMENDING CHAPTER 12 OF THE
MUNICIPAL CODE OF THE TOWN OF ESTES PARK,
COLORADO,THE SAME PERTAINING TO DEBRIS ON
SIDEWALKS
Trustee Laing seconded the motion and it passed by a vote of 6-0.
Whereupon Mayor Dannels declared said Ordinance duly passed and
adopted and ordered it numbered 15—85 and published according to
law.
Trustee Wood introduced,and Town Attorney White read in full,the
following Ordinance and moved it be adopted:
AN ORDINANCE AMENDING CHAPTER 3.08 OF THE
MUNICIPAL CODE OF THE TOWN OF ESTES PARK,
COLORADO,THE SAME PERTAINING TO SALES TAX
Trustee Brown seconded the motion and it passed by a vote of 6—0.fl Whereupon Mayor Dannels declared said Ordinance duly passed and
adopted and ordered it numbered 16-85 and published according to
law.
Trustee Brown introduced,and Town Attorney White read in full,the
following Resolutions and moved they be adopted:
RESOLUTION 26-85
WHEREAS,the Board of Trustees of the Town of Estes Park has
been presented with a copy of the Uniform Building Code,1985
edition;and
WHEREAS,the Board of Trustees of the Town of Estes Park
desires to set a public hearing on the adoption of said Uniform
Building Code,by reference.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO:
1.That a public hearing shall be held on an ordinance
amending Chapter 14 of the Municipal Code of the Town of Estes
Park,Colorado,the same pertaining to the adoption of the
Uniform Building Code,1985 edition.Said hearing shall be held on
the 28th day of January,1986,at the hour of 7:30 p.m.in the
Board Room of the Municipal Building,170 MacGregor Avenue,
Estes Park,Colorado.
2.The Town Clerk is hereby authorized to give the notice
as required by law.
RESOLUTION 27-85
WHEREAS,the Board of Trustees of the Town of Estes Park has
been presented with a copy of the Uniform Plumbing Code,1985
edition;and
Board of Trustees -December 16,1985 -page eight
WHEREAS,the Board of Trustees of the Town of Estes Park
desires to set a public hearing on the adoption of said Uniform
Plumbing Code,by reference.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK,COLORADO:
1.That a public hearing shall be held on an ordinance
amending Chapter 14 of the Municipal Code of the Town of Estes Park,
Colorado,the same pertaining to the adoption of the Uniform
Plumbing Code,1985 edition.Said hearing shall be on the 28th day
of January,1986,at the hour of 7:30 p.m.in the Board Room of the
Municipal Building,170 MacGregor Avenue,Estes Park,Colorado.
2.The Town Clerk is hereby authorized to give the notice as
required by law.
RESOLUTION 28-85
WHEREAS,the Board of Trustees of the Town of Estes Park has
been presented with a copy of the Uniform Mechanical Code,1985
edition;and
WHEREAS,the Board of Trustees of the Town of Estes Park
desires to set a public hearing on the adoption of said Uniform
Mechanical Code,by reference.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK,COLORADO:
1.That a public hearing shall be held on an ordinance
amending Chapter 14 of the Municipal Code of the Town of Estes Park,
Colorado,the same pertaining to the adoption of the Uniform
Mechanical Code,1985 edition.Said hearing shall be held on the
28th day of January,1986,at the hour of 7:30 p.m.in the Board
Room of the Municipal Building,170 MacGregor Avenue,Estes Park,
Colorado.
2.The Town Clerk is hereby authorized to give the notice as
required by law.
Trustee Aldrich seconded the motion and it passed unanimously.
Ned Linegar,Bob Meyer,Russell Hanson and Kay Haughey spoke
regarding the proposed cemetery and asked for a decision from the
Trustees,in the near future.Walter Gurley,cemetery consultant,
reviewed and explained the proposed cemetery site layout.
Mayor Dannels indicated that no recommendation will be forthcoming
until the Town receives and,has an opportunity to review,the
completed appraisal of the property.Staff will then pursue
preliminary agreements,as soon as possible.
Town Administrator Hill read a letter from Rick Zuba,dated December
3,1985,requesting permission from the Town of Estes Park to host a
5K and 10K footrace utilizing MacGregor Avenue,Park Lane,Virginia
Drive,Big Horn Avenue,and Devils Gulch Road on January 26,1986.
Trustee Wood moved that the request be approved,providing Estes
Alpine Runners and the Estes Valley Recreation and Park District
each provide a certificate of insurance naming the Town of Estes
Park as an “additional insured”at a minimum amount of $450,000 and
that “all Municipal Building cleaning necessary,due to the race,be
paid for by the Alpine Runners”.Trustee Brown seconded the motion
and it passed unanimously.
Town Administrator Hill read a letter dated December 9,1985 from
the Estes Park Fire Department listing the elected officers for 1986
and asking that the Trustees consider the approval of these
officers ——Chief Jack Rumley,1st Assistant James Watson,2nd
Assistant Gary McCracken,Secretary/Treasurer Robert Dike.Trustee
Aldrich moved for approval of these officers.Trustee Hix seconded
the motion and it passed unanimously.
Board of Trustees -December 16,1985 -page nine
Jim Roth,Roth’s Family Restaurant,explained a submitted drawing
of the freestanding stove.Roth’s is appealing a rejected request
for a building permit to install the stove in their restaurant.Per
Staff memo dated December 3,1985 from Stan Jones,Building
Inspector,the request has been rejected based on the absence of any
identification on the manufacturer,make and/or model of the stove.
Without this information,it is impossible to determine if the stove
has an International Conference of Building Officials (ICBO)
Evaluation Report,a listing by Underwriter’s Laboratories (UL),or
other acceptable approval required by Sec.107,Uniform Building
Code,or Sec.502 (a),Uniform Mechanical Code.Therefore,it is
Staff’s recommendation to the Board of Appeals not to grant a
variance from the codes in a case involving issuance of a permit on
a stove of unknown quality.If the request is granted,Town
Attorney White stated that the Town would be liable in the event of
an accident involving the stove.
Trustee Wood moved to deny the request.Trustee Graves seconded the
motion and it passed unanimously.
Town Administrator Hill read letters of thanks from Vicki O’Connor,
Dan Heifner,and Dorothy and Milt Ericson.
There being no further business,the meeting was adjourned.
•.
Mayor
Recording Secretary