HomeMy WebLinkAboutMINUTES Town Board 1981-12-08t'LDt1111 11f ` 5 C5 Pad;) Lorimer County, Colorado, December 8 19 81
Minutes of a regular meeting of the Board of Trustees of the Town of Estes
Pork, Lorimer County, Colorado. Meeting held in •the Town Hall in said Town of Estes Park
on the 8th day of December , A. D. 19.81. at regular meeting
hour.
Pro Tem H. Bernerd Dannels
Meeting called to order by Mayor
Present: Mayor Pro Tem H. Trustees: Robert E. Burgess, Byron L.
Bernerd Dannels Graves, Margaret Houston,
Craig W. Meusel, Robert E.
Wagner
Also Present: Town Administrator - Dale G. Hill
Town Clerk - Joan Van Horn
Absent: Mayor Harry B. Tregent
Minutes of the regular meeting held November 24, 1981 were read
and approved as read.
Trustee Robert E. Wagner moved the following bills be allowed
and paid and the Clerk be authorized to draw warrants for the
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 Houston seconded the motion and it passed by the following
votes: Those voting "Yes" Robert E. Burgess, H. Bernerd Dannels,
Byron L. Graves, Margaret Houston, Craig W. Meusel, Robert E.
Wagner. Those voting "No" none.
Trustee Robert E. Burgess, Chairman of the Light & Power
Committee, read the minutes of a meeting held December 7, 1981
and moved the minutes be approved. Trustee Houston seconded
the motion and it passed unanimously.
Trustee Robert E. Burgess introduced and the Town Administrator
read in full the following entitled ordinance and Trustee Burgess
moved it be passed and adopted on first and final reading:
AN ORDINANCE AMENDING SECTION 13.12.080 OF
THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,
COLORADO, RELATING TO LIGHT AND POWER RATE
SCHEDULES CONTAINING CHARGES FOR THE SERVICE
OF ELECTRIC POWER AND ENERGY BY THE LIGHT AND
POWER DEPARTMENT OF THE TOWN OF ESTES PARK,
COLORADO.
Trustee Graves seconded the motion and it passed by the following
votes: Those voting "Yes" Trustees H. Bernerd Dannels, Byron
L. Graves, Margaret Houston, Craig W. Meusel, Robert E. Wagner,
Robert E. Burgess. Those voting "No" none. Whereupon Mayor
Pro Tem H. Bernerd Dannels declared said ordinance duly passed
and adopted and ordered it numbered #17-81 and published according
to law.
Trustee Robert E. Wagner introduced the following resolution
and moved it be passed and adopted:
RESOLUTION
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO:
The Board of Trustees of the Town of Estes Park, Colorado,
in accordance with Section 31-12-107 (1) (g), C.R.S. 1973, as
amended, hereby states its intention to annex the area described
herein. The Board of Trustees finds and determines that the
Petition is in substantial compliance with Section 31-12-107
(1) (g), C.R.S. 1973, as amended. The Board of Trustees further
finds and determines that the Petition is signed by the landowners
of more than fifty (50%) of the area to be annexed, excluding
public streets and alleys. Such area, as annexed, will be known
Board of Trustees - December 8, 1981 - Page 2
as "PROSPECT ESTATES ADDITION" to the Town of Estes Park, Colorado.
Such area is described as follows:
A portion of the SE; of Section 36, T5N, R73W of the 6th
P.M. and the SW; of Section 31, T5N, R72W of the 6th P.M.,
being more particularly described as follows:
Beginning at the E; corner of said Section 36 as monumented
by a U.S.G.L.O. brass capped pipe; thence S 01°01'37" W
1271.48 feet; thence S 89°22'53" E 1066.34 feet; thence
S 41°16'07" W 27.71 feet; thence S 89°22'53" E 278.01 feet;
thence S 00°15'00" E 30.00 feet to the SW1/16 corner of
said Section 31 as monumented by a brass bolt in concrete;
thence N 89°22'53" W 383.30 feet; thence N 41°16'07" E
1.32 feet; thence N 89°22'53" W 944.66 feet; thence S
01°01'37" W 557.01 feet; thence S 80°24'08" W 326.47 feet;
thence along a curve concave to the north having a radius
of 507.5 feet and a central angle of 37°38' for a distance
of 333.34 feet; thence N 61°57'52" W 91.5 feet; thence
S 01°01'40" W 554.43 feet; thence N 88°52' W 273.6 feet;
thence S 01°01' W 238.82 feet to the township line common
to T5N and T4N; thence along the township line N 88°52'
W 1655.33 feet to the S4 corner of Section 36 as monumented
by a U.S.G.L.O. brass capped pipe; thence N 01°05'38" E
971.73 feet; thence along a non tangent curve concave to
the south with a radius of 746.3 feet and a central angle
of 07°49'42" for a distance of 101.97 feet, resultant chord
being N 85°59'47" E 101.89 feet; thence due north 78.64
feet; thence due west 100.00 feet; thence N 01°05'38" E
1559.61 feet; thence S 89°28'16" E 2652.37 feet to the
Point of Beginning.
All bearings herein are relative to the South line of said
SEQ being N 88°52' W.
It is further resolved, THAT in accordance with Section
31-12-108, C.R.S. 1973, as amended, a public hearing shall be
held on January 12, 1982 at 7:30 p.m., in the Municipal Building,
located at 170 MacGregor, Estes Park, Colorado, for the purpose
of determining if the proposed annexation complies with the
applicable provisions of Sections 31-12-104 and 31-12-105,
C.R.S. 1973, as amended.
IT IS FURTHER RESOLVED, That the Town Clerk shall give
the notice of the hearing as provided in Section 31-12-108 (2),
C.R.S. 1973, as amended.
Dated this 8th day of December, 1981.
Trustee Meusel seconded the motion and it passed by the following
votes: Those voting "Yes" Trustees Byron L. Graves, Margaret
Houston, Craig W. Meusel, Robert E. Wagner, Robert E. Burgess,
H. Bernerd Dannels. Those voting "No" none.
Because the public hearing on the annexation of Prospect Estates
Addition has been rescheduled for January 12, 1982, Trustee
Robert E. Burgess moved the public hearing regarding the zoning
of Prospect Estates Addition be continued to January 12, 1982.
Trustee Wagner seconded the motion and it passed unanimously.
Bill Van Horn, representing the owners, presented the Pettit
Subdivision which is a boundary adjustment of Lot 19, Little
Prospect Mountain Addition. Trustee Robert E. Wagner introduced
the following resolution and moved it be passed and adopted:
RESOLUTION
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO:
That the petition and plat of Pettit Subdivision are hereby
approved and that the Mayor Pro Tem and Town Clerk are authorized
and directed to sign the plat.
Trustee Houston seconded the motion and it passed by the following
Board of Trustees - December 8, 1981 - Page 3
votes: Those voting "Yes" Trustees Margaret Houston, Craig
W. Meusel, Robert E. Wagner, Robert E. Burgess, H. Bernerd
Dannels, Byron L. Graves. Those voting "NO" none.
Mayor Pro Tem H. Bernerd Dannels conducted a public hearing
regarding the proposed rezoning of a portion of Lot 15, Block
10, 2nd Amended Plat of the Town of Estes Park from the existing
R-2 Multiple Family Residential to C-1 Commercial. No persons
appeared speaking in favor of or in opposition to the proposed
rezoning. A letter dated November 3, 1981 was read from the
Town Engineer/Planner. Mayor Pro Tem Dannels declared the
hearing closed. Trustee Robert E. Wagner moved the rezoning
request be denied. Trustee Graves seconded the motion and it
passed unanimously.
The Board of Trustees considered an application for a change
of ownership of the Tavern license of the Continental Lounge
in the Alley Mall from Edwin and Joyce Edwards to Lon W. Kinnie
and Steven K. Nagl. Mayor Pro Tem Dannels stated that the sus-
pension of Edwards' tavern license would remain in effect until
December 18, 1981. Trustee Robert E. Wagner moved the change
of ownership be approved. Trustee Burgess seconded the motion
and it passed unanimously.
Trustee Margaret Houston moved the following liquor license
renewals be approved:
Grueff dba Mountain Man Restaurant
Brodie's Super Market Inc.
Winsum Inc. dba Prospector's Pick Restaurant Inc.
Trustee Graves seconded the motion and it passed unanimously.
The Board of Trustees reviewed the proposed County landfill
rate schedule to become effective January 1, 1982 and offered
no comment at this time.
Trustee Robert E. Wagner introduced the following resolution
and moved it be passed and adopted:
RESOLUTION
WHEREAS, Part 10 of Article 30, Title 31, Colorado Revised
Statutes 1973 establishes a new statewide retirement plan for
all full-time paid firemen and policemen in the state hired
on or after April 8, 1978; and
WHEREAS, Section 31-30-1003.5, Colorado Revised Statutes
1973 provides that an employer providing social security coverage
for its police officers may elect to affiliate with the Fire
and Police Pension Association by filing a resolution with the
Association; and
WHEREAS, such affiliation may be for the purpose of providing
death and disability coverage only, for supplemental retirement
coverage only, or for both supplemental retirement and death
and disability coverage, as the employer may choose; and
WHEREAS, supplemental retirement benefits provided by the
Association shall be in addition to social security benefits
received by the member as a result of his employment as a police
officer, up to the maximum benefit level provided by the state-
wide plan; and
WHEREAS, such supplemental retirement benefits shall include
credit for past service and shall be funded by contribution
levels set by the Association; and
WHEREAS, any officers covered by both social security and
a local retirement plan established pursuant to Title 31, Article
30, Part 3, 4, 5 or 6 may elect to remain covered by the local
plan rather than the new statewide plan;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees
of the Town of Estes Park that:
Board of Trustees - December 8, 1981 - Page 4
1. The Town of Estes Park does hereby declare its intent
to affiliate with the Fire and Police Pension Association for
the purpose of providing both death and disability and supplemental
retirement coverage for its police officers; and
2. Such supplemental retirement benefits shall include
credit for a member's past service and shall be funded by contri-
bution levels established by the Executive Board of the Fire
and Police Pension Association; and
3. The Town does hereby request from the Fire and Police
Pension Association an estimate of the Town's contribution rate
necessary to comply with the present state law; and
4. The Town retains the option of electing to affiliate
with the Fire and Police Pension Association within ninety (90)
days after receipt of the aforementioned actuarial study; and
5. This Resolution shall become effective December 8,
1981 and the Town Clerk is directed to file a certified copy
of this Resolution with the Fire and Police Pension Association
as soon after December 8, 1981 as is practicable.
Trustee Houston seconded the motion and it passed by the following
votes: Those voting "Yes" Trustees Craig W. Meusel, Robert
E. Wagner, Robert E. Burgess, H. Bernerd Dannels, Byron L.
Graves, Margaret Houston. Those voting "No" none.
Trustee Robert E. Wagner introduced the following resolution
and moved it be passed and adopted:
RESOLUTION
WHEREAS, Part 8 of Article 30, Title 31, Colorado Revised
Statutes 1973, as amended, establishes new funding requirements
for policemen and firemen's pensions funds within the State
of Colorado; and
WHEREAS, Estes Park is presently operating its own pension
fund providing both death and disability and retirement coverage
for its police officers; and
WHEREAS, Part 8 establishes minimum funding requirements
for said policemen's pension funds; and
WHEREAS, the Board of Trustees of the Town of Estes Park
has determined that the minimum annual rate of the Town's contri-
butions provided in Section 31-30-805 (2) would place an undue
initial hardship on the Town of Estes Park.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees
of the Town of Estes Park that:
1. That the minimum funding requirements set forth in
Section 31-30-805 (2), Colorado Revised Statutes 1973, as
amended, for the Town's police pension fund would place an
undue initial hardship on the taxpayers of the Town of Estes
Park.
2. This Resolution shall become effective December 8,
1981, and the Town Clerk is directed to file a certified copy
of this Resolution with the Division of Local Government, Depart-
ment of Local Affairs, prior to January 1, 1982.
Trustee Meusel seconded the motion and it passed by the following
votes: Those voting "Yes" Trustee Robert E. Wagner, Robert
E. Burgess, H. Bernerd Dannels, Byron L. Graves, Margaret
Houston, Craig W. Meusel. Those voting "No" none.
Board of Trustees - December 8, 1981 - Page 5
Mr. Wayne Unze of Estes Park Cable TV Co. appeared requesting
an extension of Section 30B "Required Services" of the cablevision
agreement until February 1, 1982. Trustee Robert E. Burgess
moved the extension be granted. Trustee Graves seconded the
motion and it passed unanimously.
There being no further business, the meeting adjourned.
W.4-z-LAV
Mayor Pro Tem
ketleff' tte • AO,
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Town Clerk