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Home My WebLink AboutMINUTES Town Board 1985-02-26Z!IOftTU of Zti Larimer County,Colorado,..2•6•79.8.5... Minutes of a r.egu.lar meeting of the Board of Trustees of the Town of Estes Pork,Larimer County,Colorado.Meeting held in the Town Hall in said Town of Estes Park on the .day of 1.-1Y A.D.19.8.at regular meeting hour. Meeting called to order by Mayor Present:Mayor H.B.Dannels Trustees:Norbert L.Aldrich, Mark P.Brown, Byron L.Graves, George J.Hix, Also Present:Dale G.Hill,Paula L.Laing,Town Administrator Richard A.WoodGregoryA.White, Town Attorney Absent:Mark T.Brown Minutes of the regular meeting held February 12,1985 weresubmittedandapproved. Trustee Hix moved the bills,as presented,be allowed and paidandtheClerkbeauthorizedtodrawwarrantsforthesame.(AcertifiedcopyofthebillspresentedandallowedareonfileintheOfficeoftheTownClerkunderthisdate,and made a part oftherecordoftheseproceedingsbyreferencethereto).TrusteeGravessecondedthemotionanditpassedbythefollowingvotes:Those voting “Yes”Trustees Aldrich,Graves,Hix,Laing and Wood,Those voting “No”none. Colorado State Representative Cliff Bryan appeared before theBoardofTrusteestodiscussSenateBill1300and1134—bothdealingwithanti-trust;and the Uniform School Closing Bill.Senator Dave Wattenberg also appeared before the Board ofTrusteestodiscussvariousSenateBillsincludingSenateBill171and177,the Seat Belt Law,special districts,hazardouswaste,State Sales Tax,F.P.P.A.Legislation,and site selectionforaminimum—security prison.A question and answer periodfollowedRepresentativeBryan’s and Senator Wattenberg’s statements. Town Attorney White advised the Trustees of a resolution authorizingLarimerCountytoissuelowandmoderateincomemortgagefinancing.The Town of Estes Park’s allocation would betransferredtoLarimerCountythusmakingthe“pool”larger andmoremeaninqfull.Tax—exempt single—family mortgage revenuebondswillbeavailableona“first come,first served”basis.Trustee Wood introduced the following resolution and moved it bepassedandadopted: RESOLUTION 4-85 RESOLUTION AUTHORIZING THE TRANSFER TO LARIMER COUNTY,COLORADO OF TEE ALLOCATION OF THE TWN OF ESTES PARK,COLORADO UNDER FEDERAL AND STATE LAW TO FINANCE MORTGAGELOANSTOPROVIDEMOREADEQUATERESIDEM’IAL HOUSI FACILITIESFORLOW—AND MIDDLE—INODME FAMILIES AND PERSONS WITHINLARIMERCOUNTYANDWITHINTHETOWNOFESTESPARK;ANDAUTHORIZINGTHEEXECUTIONANDDELIVERYBYTEETOWNOFESTESPARKOFALLOCATIONTRANSFERAGREEMENTS. WHEREAS,the Town of Estes Park,Colorado (the “Town”)andLarimerCounty,Colorado (the “County”)are each authorized by theCountyandMunicipalityDevelopmentRevenueBondAct,constitutingArticle3ofTitle29,Colorado Revised Statutes (the “Project Act”),to issue revenue bonds for the purpose of financing mortgage loans toprovidemoreadequateresidentialhousingfacilitiesforlow—andmiddle—income families and persons (the “Single Family RevenueBonds”);and WHEREAS,Section 103A of the Internal Revenue Code of 1954(the tmCode”)restricts the amount of tax exept obligations which maybeissuedbytheColoradoHousingFinanceAuthority(the “Authority”)and local governxnenta].units in the State of Colorado (the “State”)to finance single—family mortgages to an amount not exceeding theStateCeilingasdefinedintheCode(the “State Ceiling”);and Board of Trustees -February 26,1985 -Page two WHEREAS,the Code specifies an allocation formula to be used to determine allocations of the State Ceiling amount among the Authority and local governmental units,which formula,for the local governmental units,is based on historical mortgage lending activity in each such local governmental unit;and WHEREAS,pursuant to the Code,the State had provided for a formula for allocation of the State Ceiling among the governmental units in the State in a manner different from the federal allocation formula,in Part •8 of Article 4 of Title 29 of Colorado Revised Statutes until such act was repealed,effective January 1,1985;and WHEREAS,House Bill 1108 (the “Allocation Act”),currently pending in the State legislature,provides a new allocation formula of the State Ceiling in a manner different from the federal alloca tion formula and it is anticipated that House Bill 1108 will become effective sometime this year;and WHEREAS,where there are governmental units in the State with overlapping jurisdictions,the Code authorizes the governmental unit with jurisdiction over the smallest geographical area to allo— cate all or a part of such overlapping area to the governmental unit having jurisdiction of the next smallest geographical area and otherwise authorized to issue bonds to finance single—family mortgages and to accept transfers of such allocations;and WHEREAS,the Town desires to allocate all of the area within its jurisdiction to Larimer County for the year 1985 for Larimer County’s use in determining its allocation under the Code or all of its anticipated allocation amount under the Allocation Act for Larimer County’s use in determining its total allocation under the Allocation Act for the purpose of financing mortgage loans to provide more adequate residential housing facilities for low—and middle— income families and persons within Larimer County and the Town; WHEREAS,it is necessary to evidence such transfer of area pursuant to the Code and the acceptance of such transfer by the Federal Allocation Transfer Agreement (the “Federal Allocation Transfer Agreement”)presented to the Boardof Trustees (the “Board”) at this meeting which will be executed and delivered by the Town and Larimer County;and WHEREAS,it may be necessary to evidence such transfer of allocation pursuant to the Allocation Act and the acceptance of such transfer by the State Allocation Transfer Agreement Cthe “State Allocation Transfer Agreement”)presented to the Board at this meet ing,which will be executed and delivered by the Town and Larimer County in the event that the Allocation Act becomes effective before Larimer County issues its Single Family Revenue Bonds. NOW,THEREFORE,BE IT RESOLVED BY ‘E BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.The forms,terms and provisions of the Federal Allocation Transfer Agreement hereby are approved and the Mayor of the Town and the Town Clerk hereby are authorized and directed to execute and deliver the Federal Allocation Transfer Agreement. Section 2.The forms,terms and provisions of the State Allocation Transfer Agreement hereby are approved and the Mayor of the Town and the Town Clerk hereby are authorized and directed to execute and deliver the State Allocation Transfer Agreement in the event that the Allocation Act becomes effective before Larimer County issues its Single Family Revenue Bonds. Section 3.The Mayor and the Town Clerk hereby are autho rized and directed to take such other steps or actions as may be required to carry out the terms and intent of this resolution,the Federal Allocation Transfer Agreement and the State Allocation Transfer Agreement. Section 4.Nothing contained in this resolution,in the Federal Allocation Transfer Agreement or in the State Allocation Transfer Agreement shall obligate the Town,except to the extent described in the Federal Allocation Transfer Agreement and in the State Allocation Transfer Agreement,nor constitute the debt or indebtedness of the Town within the meaning of the Constitution or statutes of the State or the home rule charter of any political sub— division thereof,nor give rise to a pecuniary liability of the Town or a charge against its general credit or taxing powers. Section 5.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 remaiiung provisions of this resolution. Section 6.All action (not inconsistent with the provi sions of this resolution)heretofore taken by the Board and the off i— cers of the Town directed toward the authorization of the Federal Allocation Transfer Agreement and the State Allocation Transfer Agreement hereby is ratified,approved and confirmed. Board of Trustees —February 26,1985 —Page three Section 7.This resolution shall be in full force andeffectuponitspassageandapproval. PASSED,ADOPTED ND APPROVED this day of ___________ 1985. Mayor(SEAL) Attest: Town Clerk Trustee Hix seconded the motion and it passed unanimously. Minutes of the Light and Power Committee meeting held February13,1985 were read.Trustee Graves,Chairman of the Committee,moved the minutes be approved.Trustee Laing seconded the motionanditpassedunanimously. Minutes of the Water Committee meeting held February 14,1985wereread.Trustee Hix,Chairman of the Committee,moved theminutesbeapproved.Trustee Aldrich seconded the motion and itpassedunanimously. Minutes of the Public Safety Committee meeting held February 14,1985 were read.Trustee Laing,Chairman of the Committee,movedtheminutesbeapproved.Trustee Aldrich seconded the motion anditpassedunanimously. Minutes of the Public Works Committee meeting held February 21,1985 were read.Trustee Wood,Chairman of the Committee,movedtheminutesbeapproved.Trustee Hix seconded the motion and itpassedunanimously. Minutes of the Administrative Committee meeting held February 25,1985 were read.Trustee Hix,Chairman of the Committee,movedtheminutesbeapproved.Trustee Lainq seconded the motion anditpassedunanimously. Minutes of the Accident Review Board meeting held February 20,1985 and the minutes of the Board of Adjustment meeting heldFebruary21,1985 were submitted. Trustee Hix moved the liquor license renewal for Spur 66 LiquorStorebeapproved.Trustee Aldrich seconded the motion and itpassedunanimously. Trustee Hix moved the liquor license renewal for Crowley’s HighCountryRestaurantandLoungebeapproved.Trustee Gravessecondedthemotionanditpassedunanimously. Quota Club of Estes Park has applied for a Special Events LiquorLicenseforaneventscheduledApril26,1985.Trustee Laingsiteda“conflict of interest”and stated she would not participateinanydiscussionorvote.Trustee Hix moved the Town Clerkbeallowedtopostthepremisesat1110WoodstockDrive.TrusteeWoodsecondedthemotionanditpassedbythefollowingvotes:Those voting “Yes”Trustees Aldrich,Graves,Hix,and Wood.Those voting “No”none.Those “Abstaining”Trustee Laing. Trustee Wood introduced,and Town Administrator Hill read aloud,the following resolution and moved it be passed and adopted atfirstandfinalreading: RESOLUTION 5-85 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTESPARK,COLORADO: Board of Trustees —February 26,1985 -Page four That the filing date of the application for a 3.2%Retail Beer License to sell 3.2%fermented malt beverage filed by Safeway Stores,Inc.,to be located at 451 East Wonderview Avenue,Estes Park,Colorado,is February 26,1985,and it is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building,170 MacGregor Avenue,on March 26,1985 at 7:30 P.M.,and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.1 miles as measured from the center of the applicant’s property. Trustee Hix seconded the motion and it passed unanimously. The Fine Arts Guild of the Rockies submitted an application for a Use Permit for Bond Park for an event scheduled July 20,21, 1985.The Rooftop Rodeo and Western Art Show is planned in which western artists will display and sell their art work in 10’xlO’ booths.Trustee 1-lix moved the Use Permit for the Fine Arts Guild for an event scheduled July 20,21,1985 be approved.Trustee Aldrich seconded the motion and it passed unanimously. Trustee Aldrich informed the Town Board the Larimer-Weld Regional Council of Governments has formed a “Colorado Statewide Develop ment Corporation”and allocated approximately $2 million to be used to make low—interest loans to small businesses in commu nities whose population is 50,000 or less and in counties whose population is less than 200,000.The Council of Governments,of which Trustee Aldrich is also a member,has been asked to recom mend two members to sit on the 26—person Board;one from the private sector and one from the public sector.Trustee Aldrich proudly announced Steven L.Patrick,President,First National Bank,Estes Park,has been appointed to serve on the Colorado Statewide Development Corporation representing the private sector. Mayor Dannels announced he would like to submit Mike A.Dickinson to fill the unexpired term of John Carmack on the Estes Park Planning Commission,with the term expiring in April,1988. Trustee Hix moved Mike A.Dickinson be appointed to the Estes Park Planning Commission with his term in office expiring in April,1988.Trustee Laing seconded the motion and it passed unanimously. There being no further business,the meeting adjourned. Mayor Town Clerk C