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HomeMy WebLinkAboutMINUTES Town Board 1984-10-23(tWit 4 ztn nrh,Lorimer County,Colorado,.19.8. Minutes of a 4I.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 MLdoy of er ,A.0.19....8 at regular meeting hour. Meeting coiled to order by Mayor H.. Present:MayorH.B.Dannels Trustees:Norbert L.Aldrich, Mark T.Brown, Also Present:Town Administrator Byron L.Graves, Dale G.Hill George J.Hix, /Abdn4/Town Attorney Paula L.Laing, Gregory A.White Richard A.Wood Absent:Mark T.Brown Minutes of the regular meeting held October 9,1984 were submit ted and approved. Trustee Wood moved the bills,as presented,be allowed and paid and :he Clerk be authorized to draw warrants for the 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 cf the record of these proceerlings anc i nascnw Iw tw fnllowing votes:Those voting “Yes”Trustees Aldrich,Graves,Hix,Laing and Wood.Those voting “No”none. Minutes of the Water Committee meeting held October 11,1984 were read.Trustee Hix,Chairman of the Committee,moved the minutes be approved.Trustee Aldrich seconded the motion and it passed unani1nu Minutes of the Public Works Committee were also read.Trustee Wood,Chairman of the Committee,moved the minutes be approved. Trustee Hix seconded the motion and it passed unanimously. Mayor Dannels conducted a public hearing on a Rezoning Request Application submitted by Kanemoto Farms for Tracts 92,93,94, and 95,Fall River Addition from existing R—One Family Residence to R-2 Multiple Family Residence.Those speaking in favor of the rezoning request:Bill Van Horn,representing the owners.Mr. Van Horn stated a small lodging operation is proposed (12 accom modation units plus a single-family dwelling)and that this project follows existing land use.Those speaking in opposition: None.Mayor Dannels declared the hearing closed.Trustee Wood moved the Rezoning Request submitted by Kanemoto Farms be approved subject to conforming densities being applied to the property.Trustee Hix seconded the notion and it passed by the following votes:Those voting “Yes”Trustees Aldrich,Graves, Hix,Laing and Wood.Those voting “No”none.Trustee Wood introduced the following entitled ordinance and moved it be passed and adopted on the first and final reading: AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,fl -COLORADO,THE SANE PERTAINING TO ZONING. Trustee Hix seconded the motion and it passed by the following votes:Those voting “Yes”Trustees Aldrich,Graves,Hix,Laing and Wood.Those voting “No”none.Whereupon Mayor Dannels declared said ordinance duly passed and adopted and ordered it numbered 25—84 and published according to law. Trustee Graves moved the following liquor license renewals be granted:Bob &Tony’s Pizza,Estes Park Elks Home,Inc.,Estes Park Post #119 American Legion and Nicky’s.Trustee Hix seconded the motion and it passed unanimously. Board of Trustees —October 23,1984 —Page two A liquor license renewal was also submitted by Lonigans.Town Administrator Hill read the Police Report in which Chief Ault stated a Lonigans’employee was charged with disorderly conduct and possession of a controlled substance.Trustee Mix moved the liquor license renewal for Lonigans be approved with the stipulation that only reputable people be hired by the establishment and that the stipulation be in effect for a period of one year.Trustee Aldrich seconded the motion and it passed unanimously. Mayor Dannels conducted a public hearing regarding the adoption of the 1985 Budget.Those speaking in favor of the budget adoption,none.Those speaking in opposition to the budget adoption,none.Mayor Dannels declared the hearing closed. Trustee Wood introduced,and Town Administrator Hill read in full,the following resolution and moved it be passed and adopt ed: R E S 0 L U T I 0 N 36-84 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUE FOR EClI FUND,AND ADOPTING A BUDGET FOR THE TOWN OF ESTES PARK, COLORADO,FOR THE CALENDAR YEAR BEGINNING ON THE 1st DAY OF JANUARY,1985,AND ENDING ON THE LAST DAY OF DECEMBER,1985. WHEREAS,the Board of Trustees of the Town of Estes Park has appointed Dale C.11111,Town Administrator,to prepare and submit a proposed budget to said governing body at the proper time,and; WHEREAS,upon due and proper notice,published in accordance with the law,said proposed budget was open for inspection by the public at a designated place,a public hearing was held on October 23,1984,and interested taxpay ers were given the opportunity to file or register any objections to said proposed budget,and; WHEREAS,whatever increases may have been made in the expenditures,like increases were added to the revenues so that the budget remains in balance,as required by law. NOW,THEREFORE,BE IT RESOLVED BY TIlE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.That estimated expenditures for each fund are as follows: General Fund $4,181,199 Light and Power Fund 4,941,289 Water Fund 1,570,010 Museum J9,360 Public Library 166,666 General Revenue Sharing 86,772 Policemen’s Pension Fund 21,600 Firemen’s Pension Fund 24,900 Self Insurance Fund 404,713 Conservation Trust Fund 8,000 Stanley Park Fund 311,300 $11,756,689 Board of Trustees —October 23,1984 —Page three Section 2.That the estimated resources for each fund are as follows: General Fund, From unappropriated surpluses From sources other than general property tax From the general property tax levy $1,149,580 3,284,959 102,500 El TOTAL GENERAL FUND Light and Power Fund From unappropriated funds From other revenue sources TOTAL LIGHT AND POWER FUND Water Fund From unappropriated funds $4,537,039 $1,627,665 4,476,000 $6,103,665 $1,023,527 From other revenue sources TOTAL WATER FUND 789,290 $1,812,817 Mu seum $39,360 Li Public Library $182,587 General Revenue Sharing $86,772 Conservation Trust Fund S 8,000 Stanley Park Fund Self Insurance Fund Policemen’s Pension Fund $318,234 $404,713 $490,745 Firemen’s Pension Fund $242,840 TOTAL $14,226,780 Section 3.That hereinabove summarized approved and adopted Park,Colorado,for the the budget,as submitted,amended,and by fund,be and the same hereby is as the budget of the Town of Estes year stated above. Section 4.That the budget hereby approved and adopted shall be signed by the Mayor and Town Clerk and made a part of the public records of the Town. Trustee Aldrich seconded the motion and it passed unanimously. Board of Trustees —October 23,1984 —Page four Trustee Laing introduced,and Town Administrator Hill read in full,the following resolution to set mill levies and moved it be passed and adopted: R E S 0 L U T I 0 N 37—84 A RESOLUTION LEVYING GENERAL PPOPF,RTY TAXES FOR THE YEAR 1985,TO HELP DEFRAY TI IE COSTS OF GOVERNMENT FOR TIlE TOWN OF ESTES PARR, COLORADO FOR TIlE 1985 BUDGET YEAR. WHEREAS,the Board of Trustees of the Town of Estes Park has adopted the annual budget in accordance with the Local Government Budget Law on October 23,1984,and; WHEREAS,the amount of money necessary to balance the budget for general operating expenses is $102,556 and; WHEREAS,the 1985 net valuation for assessment for the Town of Estes Park as certified by the County Assessor is $26,847,210. NOW,THEREFORE,BE IT RESOLVED BY TIlE BOARD OF TRUSTEES OF TIlE TOWN OF ESTES PARK,COLORADO: That for the purpose of meeting all general operating expenses of the Town of Estes Park during the 1985 budget year, there is hereby levied a tax of 3.82 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 1985. That the Town Clerk is hereby authorized and directed to inuuediately certify to the County Commissioners of Larimer County,Colorado,the mill levies for the Town of Estes Park as hereinabove determined and set. Trustee Hix seconded the motion and it passed unanimously. Trustee Wood introduced,and Town Administrator Hill read in full,the following resolution to appropriate sums of money and moved it be passed and adopted: RESOLUTION 38-84 A RESOLUTION APPROPRIATING SUMS OF MONEY TO TIlE VARIOUS FUNDS AND SPENDING AGENCIES,IN TIlE ANOUNTS AND FOR TIlE PURPOSES AS SETFORTII BELOW,FOR TIlE TOWN OF ESTES PARK,COLORADO,FOR THE 1985 BUDGET YEAR. WHEREAS,the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law on October 23, 1984,and; WHEREAS,the Board of Trustees has twade provision therein for revenues in an amount equal to or greater than the total proposed expenditures as setforth in said budget,and; WHEREAS,it is not only required by law,but also necessary to appropriate the revenues provided in the budget to and for the purposes described below,so as not to impair the operations of the Town. Board of Trustees —October 23,1984 —Page five NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF TIlE TOWN OF ESTES PARK,COLORADO: THAT the following sums are hereby appropriated from the revenue of each fund,to each fund,for the purposes stated: GENERAL FUND Current Operating Expenses $3,005,955 Capital Outlay 1,175,244 TOTAL GENERAL FUND $4,181,199 LIGHT and POWER FUND Current Operating Expenses $4,102,089 Capital Outlay 759,200 TOTAL LIGHT and POWER FUND $4,941,209 - WATER FUND Current Operating Expenses $1,067,610 Capital Outlay 503,200 TOTAL WATER FUND $1,570,010 MUSEUM FUND $39,360 LIBRARY FUND Current Operating Expenses $158,453 Capital Outlay 8,213 TOTAL LIBRARY FUND $166,666 GENERAL REVENUE SHARING FUND $06,772 — CONSERVATION TRUST FUND $0,000 STANLEY PARK FUND $311,300 SELF INSURANCE FUND $404,713 POLICEMEN’S PENSION FUND $21,600 FIREMEN’S PENSION FUND $24,900 GRAND TOTAL $11,756,609 Trustee fix seconded the motion and it passed unanimously. With the “Stay Order”no longer in effect with regard to Stanley Village,Mr.Bill Van Horn requested the Town to dedicate,for roadway purposes,Outlot C,Stanley Hills,P.U.D.Trustee Aldrich declared a possible “conflict of interest.”Mr.Rowland Retrum,representing himself and a substantial amount of Stanley Hills Property Owners,stated the dedication of Outlot G was an “Issue of convenience not necessity.”Mr.Retrum stated a difference of opinion was held as to the ownership of all seven open space lots in Stanley Hills P.U.D.Members in the homeown ers association who voted against the Outlot G road dedication total 79%.Mr.Seymour Graham stated P.U.D.Regulations require a certain amount of open space in each development.Mr.Van Horn stated that when the plat was approved,Outlot G was required to be set aside for Street purposes.The State Highway Department recommended providing accel/decel lanes for Steamer Drive.This recommendation was never completed and Mr.Van Horn stated Stanley Village will undertake constructing the accel/decel Board of Trustees —October 23,1984 —Page six lanes.Town Administrator Hill read a portion of the July 20, 1976 Planning CommiSsion minutes where it was written aconnectionbeprovidedfromSteamerDrivetoTract3,Stanley Addition.Town Attorney White’s letter dated August 20,1984 andStanleyVillageAttorneyTimothyW.Hasler’s letter dated August 6,1984 were added into the record.Attorney White offered five options to the Town Board.Trustee Hix moved the Town Board direct the staff to,as expeditiously as possible,obtain Outlot o for public roadway purposes including the use of eminent domain to condemn any interest that any party has,including the Stanley Hills Association.Trustee Wood seconded the motion and itpassedbythefollowingvotes:Those voting “Yes”Trustees Graves,Hix and Wood.Those voting “No”Trustee Laing.Those “Abstaining”Trustee Aldrich. Mr.Bill Van Horn was present seeking an Inducement ResolutionforIndustrialDevelopmentRevenueBondsforaportionofStanley Village.Mr.Dunn Krahl/Boettcher and Company,was introduced astheStanleyVillagebondingagent.Mr.Van Horn stated severalpositiveeffectstheproposeddevelopmentwouldhaveontheTowneconomy.Town Administrator Hill read a letter dated October 9,1984 submitted by the firm of Jerry Boudreaux,C.P.A.,Inc.whichstatedthedevelopershaveasoundfinancialpositionandalsothattheprojectwaseconomicallyfeasible.Administrator HillalsoreadAttorneyWhite’s letter dated October 22,1984 regardinghisreviewofthebondproposal.Mr.Robert M.Lucas’letterdatedSeptember25,1984 stating the granting of the bonds forStanleyVillagewouldcreatean“unfair advantage to the developer”was also read aloud.Mr.Tom Binstock informed the Board ofalawsuitfiledbyCPR,Inc.with the Colorado Supreme CourtwhichstatedtheiropinionasbeingthattheapprovaloftheStanleyVillageDeveldpmentwasdonesoillegally.There beingnofurthercomment,Trustee Wood introduced,and Attorney Whitereadinfull,the following Inducement Resolution and moved it bepassedandadopted: RESOLUTION 39—84 WHEREAS,the Town of Estes Part,Colorado (the “Town”),is authorized bytheCountyandMunicipalityDevelopmentRevenueBondAct,constituting Part IandArticle3oflitle29,Colorado Revised Statutes (the “Act”),to finance, refinance,acquire,own,lease,improve and dispose of one or more projects, including any land,building or other improvement and all real or personal properties suitable or used for or in connection with coimnercial or business enterprises (including,without limitation,enterprises engaged in selling anyproductsofagriculture,Industry,comerce,manufacturing or business),uponsuchconditionsastheTownmaydeemadvisable;and WIEREAS.the Town is further authorized by the Act to issue its industrial development revenue bonds for the purpose of defraying the cost of financing anysuchproject;and WHEREAS,John IL P.Wheeler and William 0.Van Horn,as Individuals residingIntheStateofColorado,and as Owners and Developer (the “Developer”),have metwithofficialsoftheTownandhaveadvisedtheTownoftheDeveloper’s interestinacquiring1constructingandequippingaretailconenercialfacilityconstitutingaretailshoppingcentertentativelytoheutilizedbythetenantslistedinExhibit“h”attached hereto and hereby incorporated by reference herein,and havinganareaofapproxImately559,000 square feet,proposed to be located on thenortheastcorneroftheIntersectionofU.S.Highway 34 and U.S.ilighway 34 Bypass,within the Town,as well as all real estate,fiAtures and equipment.necessary orconvenientthereof(collectively,the “Project”)subject to the willingness of theTowntofinancetheProjectthroughtheissuanceofindustrialdevelopmentrevenueboiidspursuanttotheAct;and - Board of Trustees —October 23,1984 —Page seven WHEREAS,tile Developer has requested that the Town give favorable considera tion to the Developer’s proposal and take such action as’is necessary to give the Towns approval of the Project and the financing as proposed by the Developer;and WHEREAS,the Developer has given Its assurance to the Town that the Developer will pay,or reimburse the Town for payment ol,any and all legal fees and expenses and administrative costs and expenses Fieretofor incurred or hereafter to be incurred by t1ae Town n,iatcd to th’:Project and its financing, and that such agreement to pay or reimburse the Town is not contingent upon commencement or completion of the Project or the financing;and WhEREAS,the Developer has represented to the Town that the Project will be designed to qualify as a ‘project”within the meaning of the Act;and WHEREAS,the Town considers that the Project,if located within the Town,will assist the Town in promoting economic development and additional employment within the Town;and WHEREAS,the Town has considered the Developer’s proposal and has concluded that the cconomic and other benefits to the Town will be substantial and that it wishes to proceed with the development and financing of the Project, NOW,ThEREFORE,TIlE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO,DOES HEREBY RESOLVE,AS rOLLOWS Section 1.That in order to induce the Developer to locate and construct the Project within the Town,the Town shall take steps to effect the issuance of industrial development revenue bonds in a maxinuin aggregate principal amount not to exceed $9,500,000.00,or such lesser amount as shall be mutually agreed upon,to finance the Project.No costs are to be borne by the Town in connection with tins transaction. Section 2.Prior to any execution of a financing agreement, mortgage,indenture of trust,bond purchase agreement or any other necessary documents and agreements in connection with such bo,,ds,the Project shall qualify for all necessary authorization by the Estes Park Urban Renewal Authority;and such other documents and/or agreenents,as required by the Town,shall be submitted to the Town,and,if satisfactory to the Town, the Town shall proceed to issue the Bonds. Section 3.No costs or expenses,whether incurred by the Town or any other party in connection with the issuance of the fl Bonds or the preparation of any documents by any legal or finan— cial consultants retained in connection therewith,shall be borne by the Town.All such costs or ezpenses shall be paid from the proceeds of the Bonds or otherwise borne by the Developer. In addition to the costs and expenses to be borne by the Developer as described in the preceding sentences,if tile Project is approved by the Town and the Bonds are issued,the Developer Board of Trustees —October 23,1984 —Page eight shall pay to the Town a fee equal to the present value lusing an 8t discount factor]of 1/16 of 1%of the principal amount of the Bonds at the end of each bond year.Said fee shall be paid to the Town at the official closing on the sale of the Bonds. Section 4.That nothing contained in or contemplated by this Resolution shall constitute the debt or indebtedness of the Town within the meaning of the Constitution or statutes of the state of Colorado,norgive rise to pecuniary liability of the Town or a charge against its general credit or taxing powers. Section 5.Prior to any further action by the Town Board, the Developer shall provide the Town with the opinion of a recognized Bond Counsel supporting the legality of the financing of the Project and the uti lizatioli of bond roceeds for said Project. section 6.All conunitinents of the Town contained herein are suhject to the condition that within twelve (12) months of the date hereof,unless otherwise extended by agree— nent between the Town and the Developer,the Bonds to be issued pursuant hereto shall be issued and sold.In the event that said Bonds to be issued pursuant hereto are not issued within twelve (12)months,the Town of Estes Park,Colorado shall be under no obligation to perform any of the terms and conditions contained herein.Nothing contained herein shall constilute a warranty or representation by the Town that the Bonds will receive Iron the State of Colorado an allocation of a portion of the private activity bond limit authorized for the State of Colorado pursuant to Section 621 of the Deficit Reduction of 1984 of the United States o[liner ica.The Town shall use its best efforts,however,to secure from the State of Colorado such an allocation authorizing the issuance of the Bonds from the 1984 State of Colorado Private Activity Bond Limit. Section 7.All ordinances,orders,bylaws and resolutions, 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 8.If any section,paraaraph,clause,or provision of this resolution with t lie e;-c’rpL mu 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 Irovi sion shall not a I lect ally of the remaining pro visions of this resolution.- Section 9.This resolution shall take effect immediately upon its introduction and passage. Board of Trustees —October 23,1984 —Page nine Trustee Laing seconded the motion and it passed by the following votes:Those voting “Yes”Trustees Graves,Hix,Laing and Wood. Those voting “No”none.Those “Abstaining”Trustee Aldrich. In a letter dated October 19,1984,submitted by Fischer,Brown, Huddleson and Gunn,the firm requested a public hearing with regard to the Industrial Development Revenue Bonds for Estes Centre Associates (formerly the McCahan Leino Partnership) Trustee lix moved the Board of Trustee set November 13,1984 as the public hearing date.Trustee Graves seconded the motion and it passed unanimously. Attorney White informed the Board of Trustees of a proposed Intergovernmental Agreement between the Town of Estes Park and the Land Use Commission.With the agreement not arriving prior to the Town Board meeting,no further action was taken;however, the general consensus of the Board of Trustees expressed favor able action in working with the Land Use Commission on an Inter governmental Agreement. Mayor Dannels moved for approval of Mr.Lyle Frantz to the Urban Renewal Authority Board of Directors.Mr.Frantz will be filling the vacancy left by Mr.Larry Helmich,with his term in office expiring September 14,1988.Trustee lix moved the appointment of Mr.Lyle Frantz to the Urban Renewal Authority be granted. Trustee Aldrich seconded the motion and it passed unanimously. Trustee lix stated he had attended a dinner in honor of Dale VerStraeten who,after 30 years of service,has resigned from the Horse Show and Rodeo Committee.Mayor Dannels expressed the Town’s appreciation for Mr.VerStraeten’s dedicated service. There being no further business,the meeting adjourned. Mayor iLtL) Town Clerk El