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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