HomeMy WebLinkAboutMINUTES Town Board 1973-08-13oftiu of gstcz 3Jarh,Larimer County,Colorado,..P.19.P...
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 .day of 4qg’s A.D.19.7.at regular meeting
hour.
Meeting called to order by Mayor .ayçy•p...Tregen
Present:Mayorflarry B.Tregent TrusteesRobert E.Burgess,H.Bernerd
Dannels,N.T.Petrocine,Glenn
Prosser,Rollen Sutter
Also Present:Town Administrator and
Clerk Dale G.Hill
Absent:Trustee Robert E.Wagner
Minutes of a regular meeting held on July 23,1973,were read and approved
as read.
Trustee Rollen Sutter moved the following bills be allowed and paid and
the Clerk be authorized to draw warrants for same.(A Certified copy
of the bills read 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 N.T.Petrocine seconded the motion.Upon
roll call the motion passed by the following votes.Those voting “Yes”
Trustees Robert E.Burgess,H.Bernerd flannels,N.T.Petrocine,Glenn
Prosser,Rollen Sutter.Those voting “No”none.
Trustee Glenn Prosser,Chairman of the Estes Park Planning Commission
read the minutes of a meeting on July 17,1973.
Mr.Richard W.Ball,attorney at Law,appeared before the Board represent
ing Mr.Lloyd Hess,owner of Lot 9,Buenna Vista Terrace Subdivision,and
requested the Boards consideration for the division of this lot as sub
mitted to the Estes Park Planning Cotmnission on July 24,1973.
Mr.Lloyd Hess testified on behalf of his petition to divide his lot.
Mr.Ball submitted exhibits one through eight and Mayor Tregent received
the same.Trustee II.Bernerd flannels moved the request to split the
lot be denied.Trustee Glenn Prosser seconded the motion.Upon roll
call the motion passed by the following votes.Those voting “Yes”
Trustees H.Bernerd flannels,N.T.Petrocine,Glenn Prosser,Rollen
Sutter,Robert S.Burgess.Those voting “No”none.
Upon the request of Mr.Alva Bussell,Mayor Harry B.Tregent continued
the public hearing regarding the rezoning of Lots 2 and 3,James-McIntyre
Subdivision,to the next regular meeting of the Board which is August
27,1973,at 7:30 P.M.
The Bmrd of Trustees proceeded to conduct a public hearing regarding
the proposed amendment to the Municipal Code relating to the Board of
Adjustment.There was no correspondence received in favor of or in
opposition to the ordinance.Engineer/Planner Van Horn spoke in favor
of the adoption of the ordinance.No one appeared in opposition to
the ordinance.Mayor Harry B.Tregent declared the public hearing
closed.
Trustee H.Bernerd flannels introduced the following ordinance and moved
it be passed and adopted on first and final reading:
AN ORDINANCE AMENDING SECTION 17.72.040 OF THE
MUNICIPAL CODE OF THE TOWN OF ESThS PARK,
COlORADO,RELATING 10 BOARD OF ADJUSTMENT.
nftm ul ztn 3flarh,tarimer County,Colorodo .19.
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 day of A.LX 19....at regular meeting
hour.
Meeting called to order by Mayor
Present:Mayor Trustees:fl
J
Aiso Present:
Absent:
Trustee Rollen Sutter seconded the motion.Upon roll call the motion
passed by the following votes.Those voting “Yes’Trustees N.T.
Petrocine,Glenn Prosser,Rollen Sutter,Robert B.Burgess,H.Bernerd
flannels.Those voting “No”none.Whereupon Mayor Harry B.Tregent
declared said ordinance duly passed and adopted and ordered it numbered
22-73 and published according to law.
Trustee Rollen Sutter,Chairman of the Code and Sanitation Conmiittee,
read the minutes of the meeting held on August 2,1973,and moved that
the minutes be approved and adopted.Trustee Robert E.Burgess seconded
the motion.Upon roll call the motion unanimously carried.
Trustee N.T.Petrocine,Chairman of the Light and Power Committee,read
the minutes of the meeting held on August 3,1973,and moved that the
minutes be approved and adopted.Trustee Robert F.Burgess seconded
the motion.Upon roll call the motion unanimously carried.
Trustee Glenn Prosser,Chairman of the Water Committee,read the minutes
of the meeting held on August 6,1973,and moved that the minutes be
approved and adopted.Trustee H.Bernerd flannels seconded the motion.
Upon roll call the motion unanimously carried.
Trustee H.Bernerd flannels read the minutes of the Advertising &Public
Relations Committee meeting held on August 7,1973,and moved that the
minutes be approved anc adopted.Trustee Glenn Prosser seconded the
motion.Upon roll call the motion unanimously carried.
Trustee H.Bernerd flannels introduced the following resolution and moved
it be passed and adopted:
RE SO LUT ION
BE IT RESOLVEfi BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARE,
COlORADO:
That the Grant of Easement,dated June 26,1973,by and between
the YMCA and the Town of Estes Park be approved and that the Mayor and
Clerk are authorized and are hereby directed to sign the Agreement.
Trustee Glenn Prosser seconded the motion.Upon roll call the motion
passed by the following votes.Those voting “Yes”Trustees Glenn Prosser,
Rollen Sutter,Robert F.Burgess,H.Bernerd Dannels,N.T.Petrocine.
Those voting “No’none.
The Town Administrator presented the Escrow Agreement with the Estes
Park Bank,and the First National Bank of Estes Park for the purpose
of receiving and handling funds for the Tourist Information Center.
Trustee N.T.Petrocine introduced the following resolution and moved
it be passed and adopted:
nftrn of gøte awh,Lorimer County,Colorado,..‘$.“.-P.9.P...
Minutes of a 14r 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 A.D.19..at regular meeting
hour.
Meeting called to order by MQyDr ..i!FY.P:.
Present:Moyor Trustees:
Also Present:
Absent:
RESOLUTION
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,
COLORADO:
That the Mayor and Clerk are directed and are hereby authorized
to sign the Escrow Agreement,dated August 13,1973,by and between the
Town of Estes Park,Colorado and the Estes Park Bankand the First
National Bank of Estes Park.
Trustee H.Bernerd Dannels seconded the motion.Upon roll call the
motion passed by the following votes.Those voting “Yes”Trustees
Rollen Sutter,Robert E.Burgess,H.Bernerd Dannels,N.T.Petrocine,
Glenn Prosser.Those voting “No”none.
Trustee N.T.Petrocine introduced the following resolution and moved
it be passed and adopted:
RESOLUTION
BE IT RESOLVED BY THE BOARI)OF TRUSTEES OF THE TOWN OF ESTES PARK,
COLORADO:
That the Town Administrator be appointed to prepare the budget for
1974.
Trustee Rollen Sutter seconded the motion.Upon roll call the motion
passed by the following voLes.Those voting “Yes”Trustees Robert E.
Burgess,H.Bernerd Dannels,N.T.Petrocine,Glenn Prosser,Rollen
Sutter.Those voting “No”none.
A letter,dated August 6,1973,from the Concession Stand Conunittee of
the Estes Park Lions Club,contained an offer to pay the Town $2,030.82
for the years 1970,1971 and 1972.This payment is in full settlement
of the concession stand agreement with the Town of Estes Park.Trustee
Robert E.Burgess moved that the above offer be accepted.Trustee H.
Bernerd Dannels seconded the motion.Upon roll call the motion unani
mously carried.
The District Court Judgement,Civil Action 23235,Fazio et al vs Town
of Estes Park,et al,pertaining to the Canaiy liquor license,was
submitted to the Board of Trustees.In this action,Judge Ball ordered
the Board of Trustees to set aside the license and that the application
be denied.Assistant Town Attorney Colton W.Babcock,Jr.has reviewed
the judgement of the District Court and advises the Board of Trustees
that an appeal would not be successful.
Trustee N.T.Petrocine introduced the following resolution and moved
it be passed and adopted:
?!tnftm Cf gBt2S 3J3wh,l.arimer County,Colorado.19.
Minutes of a 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 A.0.19....at regular meeting
hour.
Meeting colledto order by Mayor
Present:Mayor Trustees:
Also Present:
Absent:
RESOLUTION
WHEREAS,the TOWN OF ESTES PARK,COLORADO,(the “Participant”)on
the 28th day of October,1971,entered into a Contract for Electric
Service with the PLATTE RIVER MUNICIPAL POWER ASSOCIATION,INC.(“PENPA”)
wherein PR1WA contracted to provide electrical power and energy to the
Participant which electrical power and energy the Participant agreed “to
take and pay for”at the rate set forth in said Contract for Electrical
Service,the provisions of which are incorporated herein by this reference
the same as if set forth in full herein,
WHEREAS,Paragraph 9 (b)of said Contract for Electric Service
provides that the rate charged by PRMPA shall be reviewed annually and
shall be revised,if necessary,so as to provide sufficient revenues
to PRMPA,with the revenues of PRNPA from all other sources,to enable
PRNPA to make payments on account of principal of and interest on all
indebtedness of PR}WA,
WHEREAS,PRNPA is now in the process of arranging an interim
borrowing from FIRST NATIONAL BANK,a national banking association,
Fort Collins,Colorado,in the principal amount of $4,000,000.00 with
an interest rate of six percent (with increased interest in the event
the interest is not tax exempt)which interim borrowing will mature
and become due and payable on September 11 1975,a copy of the pro
posed loan Agreement being attached hereto and incorporated herein
by this reference,
WHEREAS,PRNPA intends to repay such interim borrowing from the
proceeds of long term publicly marketed indebtedness of PENPA which
PRNPA intends to issue prior to September 1,1975,and in the event
PRMPA should subsequently determine that the marketing of its long
term indebtedness will not be in the best interest of PENPA or its
municipal participants,PRI’WA intends to repay such interim borrowing
with the proceeds from other interim borrowing to be arranged by PBNPA
prior to September 1,1975.
WHEREAS,PRMPA and the Participant recognize that PRI’WA could,
prior to September 1,1975,increase its rates in an amount which
would be sufficient,with the reveneus of PRMPA from all other sources,
to make payment of principal of and interest on said interim borrowing,
maturing on September 1,1975;and,in view of the fact that PRMPA is
an agency and instrumentality of the Participant and other municipalities,
and not an independent organization except in form and name,PENPA could
so increase its rates or with consent of the Participant require pre
payment for power to be furnished in the future if funds should be
required for the payment of principal and interest on said interim
borrowing;and
WHEREAS,such rate increasing and fund raising abilities of PRNPA
constitute the fundamental assurance of repayment being relied upon by
ufrn Ut SI2%3flurh,Lorimer County,Colorado,...P$i’..P.19.
Minutes of a ...-r.e.gtj tar 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 A.D.19..at regular meeting
hour.
Meeting called to order by Mayor .P:.T399n
Present:Mayor Trustees:
Also Present:
Absent:
the FIRST NATIONAL BANK in entering into such interim Loan Agreement
with PRNPA.
NOW,THEREFORE,BE IT RESOLVED by the Board of Trustees of the
Town of Estes Park,Colorado,that such Town,having reviewed the
Contract for Electric Service between the TOWN OF ESTES PARK,COWRADO,
(the “Participant”)and PRMPA (“Seller”),does hereby recognize and
agree that Paragraph 9 (b)of said Contract for Electric Service was
intended to and does empower and authorize PRNPA,if necessary,to
increase the rate charged by it pursuant to said Contract for Electric
Service,or with consent of the Participant,to require prepayments
for power to be furnished in the future to be made by the participating
town and cities,so as to provide PR}WA with sufficient revenues,with
the revenues of PRMPA from all other sources,as to allow PRMI’A to
repay at maturity the principal and interest as required by the Loan
Agreement between PRFWA and the FIRST NATIONAL BANK,and notes executed
in connection therewith.
Trustee Glenn Prosser seconded the motion.Upon roll call the motion
passed by the following votes.Those voting “Yes”Trustees H.Bernerd
flannels,N.T.Petrocine,Glenn Prosser,Rollen Sutter,Robert E.
Burgess.Those voting “No”none.
Trustee N.T.Petrocine introcuded the following resolution and moved
it be passed and adopted:
RESOLUTION
WHEREAS,Platte River Municipal Power Association,Inc.(the
“Association”)proposed to enter into an agreement known as the “Yampa
Project Participation Agreement”,(the “Agreement”)to be dated as of
_________________
1973,among the Association,Colorado-Ute electric Association
tion,Inc.,Salt River Project Agricultural Improvement and Power
District and Tn—State Generation and Transmission Association,Inc.
providing that the Association shall have a Participation Share of
18°!.in the ownership and benefits of the Yampa Project and obligating
the Association to advance funds for the construction of the Yampa
Project (all as defined and described in said proposed Agreement)in
proportion to its Participation Share,and entitling the Association
to schedule generation of power and energy up to its Participation
Share of the available operating capacity and to use the Yampa Trans
mission System in proportion to its Participation Share,
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK,COlORADO:
THAT the Town of Estes Park,Colorado,hereby approves the execu
tion and delivery by the Association,of the Agreement substantially
in the form of said Agreement presented to this meeting as the same
may be amended,changed or moeified with the approval of the Board of
Trustees for the Town;provided,however,that nothing contained in
this resolution nor in the approval of the execution of the Agreement
by the Association shall constitute the incurring by the Town of any
Zftoftm of !tc ]Jurh,Larimer County,Colorado.19.
Minutes of a meeting of the Board of Trustees of the Town of Estes
Park,l.arimer County,Colorado.Meeting held in the Town Hall in said Town of Estes Park
on the day of A.D.19....at regular meeting
hour.
Meeting called to order by Mayor
Present:Mayor Trustees:
-
--
Also Present:-
Absenh
indebtedness or any obligation for the payment of money,either from
its general fund,or otherwise,and such approval shall not make the
Town a party to such contract or liable or responsible in anyway for
the performance thereof.
Trustee Rollen Sutter seconded the motion.Upon roll call the motion
passed by the following votes.Those voting “Yes”Trustees N.T.
Petrocine,Glenn Prosser,Rollen Sutter,Robert E.Burgess,H.Bernerd
flannels.Those voting “No”none.
The Town Administrator and the Town Engineer submitted a letter,dated
August 13,1973,containing the results of a legal opinicn from the
Town Attorney that the Town has the right-by-use to leave the street
in its present location that is an encroachment on Block 5,Country
Club Manor Addition.This letter also contained the recommendation of
the Town Administrator and the Town Engineer that should the property
owners decide the street should be removed that it shoulc be done at
their expense.Trustee Robert E.Burgess moved the recommendations,as
stated above be accepted by the Board of Trustees.Trustee H.Bernerd
flannels seconded the motion.Upon roll call the motion passed by the
following votes.Those voting “Yes”Trustees Glenn Prosser,Rollen
Sutter,Robert E.Burgess,II.Bernerd flannels,N.T.Petrocine.Those
voting “No”none.
There being no further business,it was regularly moved,seconded and
carried that the meeting adjourn.
May or
Attest:
Town Clerk and Administrator