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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 .lcAv .-4i/... 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