Loading...
HomeMy WebLinkAboutPACKET Town Board 2007-04-10File . Prepared 4/2/07 .. j:,4.hyjr. *,R-':'*.f::9~k·:4 91'. ...f. V.'-<'1'-,Z.62·J:...: r.4.4.544.1'If:~.:-t)f(Q.22 'fb. r,.< 4.1.Rk' 'Si. ,> · ·QATYsied,;·?,·' :.. "hi€·j;~:?te 18• TOWN:Olitit-Elf#ink«fl»=» 4.-451, I ..A 4 . .1 The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, April 10,2007 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE PROCLAMATION - 90TH ANNIVERSARY OF THE TOWN OF ESTES PARK - Mayor Baudek PUBLIC COMMENT (Please state your name and address). TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated March 27, 2007 and Study Session Minutes dated March 28,2007. 2. Bills. 3. Committee Minutes: A. Community Development, April 5,2007. Special Events: 1. Parade Requests: A. Rooftop Rodeo Parade - July 10, 2007. B. Scottish Festival Parade - September 8,2007. C. Catch the Glow Christmas Parade - November 23,2007. Museum/Senior Center: 1. Senior Center Basement Phase I - $7,247 - Budgeted. 2. ACTION ITEMS: 1. ADOPTION OF FLOOD INSURANCE STUDY AND FLOOD INSURANCE RATE MAP FROM FEMA - ORDINANCE 06-07. 2. TOWN ADMINISTRATOR REPORT. 3. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. I . hp LaserJet 3015 HP LASERJET FAX invent Apr-6-2007 10:07AM Fax Call Report Job Date Time Type Identification Duration Pages Result 275 4/ 6/2007 10:00:38AM Send 6672527 1:00 1 OK 276 4/ 6/2007 10:01:44AM Send 5869561 0:58 1 OK 277 4/ 6/2007 10:02:47AM Send 5869532 1:06 1 OK 278 4/ 6/2007 10:03:58AM Send 5861691 1:22 1 OK 279 4/ 6/2007 10:05:26AM Send 6353677 1:07 1 OK 280 4/ 6/2007 10:06:38AM Send 5771590 1:15 1 OK ~1 r Town of Estes Park, Larimer County, Colorado, March 27,2007 Minutes of a Regular 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 27th day of March, 2007. Meeting called to order by Mayor Baudek. Present: John Baudek, Mayor Bill Pinkham, Mayor ProTem Trustees Eric Blackhurst Dorla Eisenlauer Richard Homeier Chuck Levine Wayne Newsom Also Present: Town Attorney White Randy Repola, Town Administrator Jacquie Halburnt, Deputy Town Administrator Jackie Williamson, Town Clerk Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. GRADUATION CEREMONY: 2007 CITIZENS INFORMATION ACADEMY (CIA) PARTICIPANTS. Mayor Baudek, Museum Director Kilsdonk and Town Administrator Repola - Present Participation Certificates to the following class members: Dave Albee Gordon Appel Arthur Blume Dee Burns Cyd Deats Elaine Downing Jay Feagans John Fenelon Paul Fishman Doug Frisbie Walt Hesz Cathy Homeier Lyle Jensen David McCluggage Mike Oline Terry Parenti Steven Salamoff Justin Smith Sally Stevenson John Stevenson Frank Theis Anne Toft Linda Williams Lawrence Williams Anne Worthen Mayor Baudek declared a 15-minute recess where a public reception was held immediately following the graduation ceremony. Mayor Baudek reconvened the meeting at 7:25 p.m. Administrator Repola thanked Dir. Kilsdonk for her efforts in conducting the CIA again this year. PUBLIC COMMENT. None. TOWN BOARD COMMENTS. None. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated March 13, 2007. 2. Bills. L , Board of Trustees - March 27,2007 - Page 2 3. Committee Minutes: A. Utilities, March 15, 2007: a. Purchase 2007 Ford F-350 4X4 - $44,896.77 - Budgeted. b. Purchase 2007 Ford F-150 4X4 - $14,875.00 - Budgeted. B. Public Safety, March 22,2007. 4. Estes Valley Planning Commission, February 20, 2007 (acknowledgement only). 5. Resolution #5-07, Assignment of Evergreen Water Main Interconnect Project Claim. It was moved and seconded (Pinkham/Levine) the Consent Agenda be approved, and it passed unanimously. lA. PLANNING COMMISSION AGENDA (Approval of): 1. ACTION ITEM: A. AMENDED PLAT Lots 1,2, and Outlot A, Timberlane Subdivision, and Tract 1, Brookside Addition, The Worldmark Club & Trendwest Resorts, Inc./Applicant. Mayor Baudek opened the public hearing. This item was previously approved at the July 25,2006 Town Board; however, the plat was never submitted for recording. Planner Shirk reviewed the staff report and requirement of the applicant to record the blat within 60 days of Approval. As there was no comment, the Mayor closed the public hearing. , It was moved and seconded (Levine/Eisenlauer) the amended plat be approved with Planning Commission conditions of approval, and it passed unanimously. 2. ACTION ITEMS: 1. ESTES PARK HOUSING AUTHORITY RE-APPOINTMENT. The Estes Park Housing Authority is requesting the re-appointment of Jack Dinsmoor as a Commissioner for a five-year term expiring on April 12, 2012. Trustee Blackhurst stated Mr. Dinsmoor has been an invaluable member of the housing authority from its inception. The Board thanked Mr. Dinsmoor for his service to the community. It was moved and seconded (BlackhursUNewsom) to approve the re-appointment, and it passed unanimously. 2. POPULATION PROJECT STUDY CONTRACT WITH HDR. Administrator Repola stated staff requests to remove this item from consideration citing the study would be useful during a possible re-write of the Comprehensive.Plan in 2009 or 2010 instead of the planned update this year. The current update to the Comprehensive Plan will focus on updating Chapter 7 including the data tables in appendix one. This study would also be useful to determine the demand/capacity of the Mary's Lake facility during phase 11. Trustees agreed to consider this study at a later date. 3. TRANSPORTATION SERVICE CONTRACT WITH MCDONALD TRANSIT ASSOCIATES, INC. Administrator Repola provided an overview of the "Shopper Shuttle" that consisted of 2 routes, downtown and along the Hwy 34 corridor, during the 2006 summer (July 1 St - September 45. A third "Campground" shuttle is proposed with a route starting at the Visitor Center down Hwy 7, Peakview Drive, Mary's Lake Road, Hwy 66, Park Visitor Center and returning to the Board of Trustees - March 27,2007 - Page 3 Visitor Center via Moraine and Elkhorn Avenue at a cost of $62,694. The 2007 service cost for the original routes is $98,870. The additional cost includes service during the weekends in September. The 2007 budget contains $148,870 for contract services and an additional $7,000 for signage and maps, which would create a $13,694 shortfall that may be funded from contingency or re-appropriation of funds. Town Board comments included the consideration of at Mary's Lake Lodge on the new proposed "Campground" route, consideration of a long term agreement to fund the program, use of the shuttles by citizens to get to and from work during the busy season therefore, leaving parking open for visitors, availability of advertising on the buses, use of the Stanley Fairgrounds for overflow parking. Staff is actively pursuing advertisement on the shuttle buses. Ads would be easily removed from the buses should they be used in the park. Overnight parking is being addressed by the CVB and Police Departments for hikers using the park's hiker shuttle. After further discussion, it was moved and seconded (Newsom/Levine) to approve the contract with MacDonald Transit Associates for an additional "Campground" route at a cost of $62,694 partially funded from #101-5600- 456-22-60 and the shortfall from the contingency fund #101-9000-491-60- 01, and it passed unanimously. 4. TOWN ADMINISTRATOR REPORT. • The Town Board will hold a study session Wednesday, March 28,2007 at 12:00 p.m. in the museum meeting room. • The Town has received numerous complaints regarding the vacation home rental at 2250 Blue Spruce Court. The Town Clerk's office has sent the owners a letter outlining the violations of the vacation home rental ordinance. Whereupon Mayor Baudek adjourned the meeting at 8:19 p.m. John Baudek, Mayor Jackie Williamson, Town Clerk ¢ RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 28,2007 Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at Museum Meeting Room in said Town of Estes Park on the 28~h day of March, 2007. Committee: Mayor Baudek, Trustees Blackhurst, Eisenlauer, Homeier, Levine, Newsom and Pinkham Attending: All Also Attending: Town Attorney White, Administrator Repola, Director Pickering, Director Joseph, Clerk Williamson Absent None Mayor Baudek called the meeting to order at 12:00 p.m. CML UPDATE Sam Mamet/CML Executive Director reviewed current issues including CML seminars/conferences, lodging tax of other Colorado Municipalities, funding of transportation, Amendment 41, and eminent domain for Urban Renewal Authorities. MARKETING DISTRICT Senator Steve Johnson and Representative Don Marostica carried the Local Marketing District (LMD) Amendment, Senate Bill 111, through the State Senate and House respectively. The Town is awaiting Governor Ritter's signature and a signing ceremony has been requested by Senator Johnson. In the event the bill is signed, staff has prepared the following draft schedule for implementing a marketing district: • Review of the formation/organization of LMD (May) • Conduct a phone survey (May/June) • Town/County to assess the formation/organization of the LMD (May/June) • Draft a proposed contract (IGA) between the Town and County (June) • Obtain signed petition of 51% (valuation) of commercial property owners - (July/Dec) • Form a political action committee (Jan/Feb 2008) • Joint public hearing (March 2008) • Second joint public hearing (May 2008) • Adopt contract and order election (June 2008) • Committee to campaign for LMD (July/Nov 2008) • Election (Nov 2008) • Lodging tax begins (Jan 2009) • New marketing committee begins work (July 2009) • LMD funds begin (Jan 2010) The Trustees requested staff provide additional information on the survey including questions to be asked and length of the survey. The marketing district would be a separate governmental entity with a Board that would collect sales tax on the furnishing of lodging accommodations. This Board could be appointed by the Town Board. Staff will review the Vail marketing district to determine how it was formed and has developed over time. VACATION HOMES Administrator Repola reviewed the recent complaints received for one specific vacation home rental, A Celtic Lady's Mountain Retreat, and the need to address issues related RECORD OF PROCEEDINGS Town Board Study Session - March 28,2007 - Page 2 to vacation rentals in residential neighborhoods. The Municipal Code and the Development Code contain inconsistencies on vacation rentAls, specifically Bed and Breakfast. The Municipal code permits vacation rentals including B&B's in all residential zoning districts, whereas, the Development Code only allows them in RM and R-2 zoning districts. Seven strategies were discussed including the pros and cons: 1) do nothing; 2) require that a vacation homes not provide any other business service; 3) limit vacation home rentals to one party; 4) limit groups to no more than eight persons, 5) set minimum for length of stay; 6) strict interpretation and enforcement; 7) prohibit vacation homes in all residential zoning districts. Attorney White provided a historical background on the vacation rental industry in Estes Park that began prior to the incorporation of the town. Business licensing and regulation of the industry began in the late 80's to address concerns raised by residents. The issue has been regulated through the Municipal Code rather than the Development Code due to grand-fathering requirements. He stated the recent concerns raised should be addressed with clear definitions within the Municipal Code. Discussion followed and is summarized: B&B's should be considered if resident owner operated, no other commercial or home occupations should be conducted at a vacation rental, only one rental agreement should be allowed, clear definition of party, add language to business license application that informs each applicant that compliance with local covenants is required, how would minimum stay requirements affect local businesses, violation notices should be sent to properties advertising accommodations for more than 8, enforcement needs to be increased. The following definition was recommended: A vacation home rental property in a residential zoning district (RE-1, RE, E-1, E R, R- 1, R-2 and R-M) \s solely for the purpose of overnight. accommodations for periods of less than 30 days with one rental agrdement No other commercial uses and/or home occupations are permitted. There shall be no on-sight management or employee. Staff is proposing code enforcement be moved to the Police Department to provide 24/7 enforcement which would require hiring an additional police employee. This issue will be discussed at the April Public Safety Committee meeting. Staff will present modifications to the current language in the Municipal Code at the Community Development meeting on April 5m FIRE DISTRICT Administrator Repola reported staff has a meeting to discuss changes to the current IGA with the County on Tuesday, April 3,2007. The Town will propose the termination of the Automatic Response Agreement; however, if the County is unable to provide fire protection to the residents currently served by the Emes Park Fire Department, the Town is willing to provide specific services contingent on an equitable arrangement to offset the Town's costs. Staff will report the outcome of this meeting at the April Public Safety meeting. There being no further business, Mayor Baudek adjourned the meeting at 3:50 p.m. Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, April 5,2007 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 5~h day of April 2007. Committee: Chairman Pinkham Trustees Eisentauer and Levine Attending: All Also Attending: Administrator Repola, Directors Pickering, Kilsdonk, Mitchell, and Joseph, Manager Winslow, Laurie Button and Clerk Williamson Absent: None Chairman Pinkham called the meeting to order at 8:00 a.m. PUBLIC COMMENT. Ken Dahlgren/575 Chaplin Lane stated a letter was sent addressed to the Community Development Department regarding an ongoing cat issue in their neighborhood. Administrator Repola commented this issue is being addressed by the Police Department to determine the scope of the problem and will be discussed at the Public -- Safety Committee in May. CONVENTION & VISITORS BUREAU. 2007 Parade Permits - Request Approval. Laurie Button presented the following contracts: 1. Rooftop Rodeo Parade - July 10, 2007 2. Scottish Festival Parade - September 8,2007 3. Catch the Glow Christmas Parade - November 23,2007 The Committee recommends approval of the 2007 Parade Permits as outlined above. Rodeo Naming Rights Sponsorship - Update. At the March Committee meeting, the naming rights for the Rooftop Rodeo was presented and recommended to the Town Board for approval. The naming rights proposal has been retracted by the Rodeo Committee. No naming rights will be proposed this year; however, the Committee may consider it in the future. Reports. • Bond Park Booking Policy - Dir. Pickering reviewed the policy that states specifically no new activities/events will be given use of the park on holiday weekends or the summer tourist season without approval from the Community Development Committee and Town Board. There are approximately eight events that use the park from Memorial Day through Labor Day. Currently the sponsor of an event is required to have a business license which all vendors operate under. It is the responsibility of the sponsoring entity to provide the Town with a list of vendors and to make sure that sales tax is being collected and reported. Staff performs random checks during a special event to confirm sales tax is being collected by the vendors. Staff would propose moving current events that primarily sale goods to the newly renovated Stanley Fairground facilities once completed in 2 to 3 years. The Committee suggested additional entertainment including evening events be provided in the park to encourage visitors to stay downtown during large events at the fairgrounds. Discussion followed on the I , RECORD OF PROCEEDINGS Community Development - April 5,2007 - Page 2 potential to provide shuttle buses from the fairground to downtown during the summer months as events move from Bond Park. Comments were heard from Paul Fishman/14'ers Caf6 regarding the need to display food service licenses during special events, require special event vendors to purchase a business license and the need to attract visitors downtown during special events. Jim Barrie/A Celtic Lady's Mountain Retreat stated a nominal fee would not preclude a vendor from participating in a special event; however, he suggested the responsibility for registering and fee collection be placed on the event organizer not the Town. The Committee requested staff research the appropriate fees and administrative options for a vendor license, research the timing for these events to move to the Stanley Fairgrounds, and discuss with the Rodeo Committee and the Scottish Festival options for entertainment in Bond Park during their events. • Non-Traditional Advertising - Mgr. Marsh reported the Estes Park Marketing Committee plans to spend over 18% of its media budget with online programs such as Denver Newspaper Agency Webs, Channels 4 and 9 websites, Google, Town website, e-Newsletter, and CO.com. Comm. Coor. Blackhurst reviewed the new e-Newsletter available on the CVB website. On March 28th 21,095 individuals were provided the opportunity to subscribe to the newsletter and after four days 12.8% (2,701) had confirmed interest in receiving the newsletter. The first newsletter was e-mailed on Tuesday, April 3rd with an additional 74 individuals requesting the newsletter directly from the CVB. Reports provided for informational purposes and made a part of the proceedings. • Group Sales • Communications Dir. Pickering introduced the new Special Events Mgr. Bo Winslow. Mgr. Winslow has been the manger at Cheley for 20 years as well as a volunteer firefighter. The Committee welcomed Mgr. Winslow. MUSEUM/SENIOR CENTER. Senior Center Basement Ceiling Project - Request Approval. During the CIRSA property survey in September 2006, it was noted that the Senior Center basement acoustical ceiling should be repaired or replaced and storage/shelving should be installed to reduce trip and fall injuries. This project will be completed in two phases, Phase 1 - ceiling repair and Phase 11 - installation of shelving, with a total project cost of $12,000 budgeted. After review of the project by Chief Building Official Birchfield and Project Manager Mangelsen, it was concluded the ceiling be replaced with a one-hour fire rated grid, acoustical panels, ceiling radiation dampers, new electrical wiring and the replacement of old light fixtures. The following bids were received: Ceiling Mechanical Electrical 3 vendors invited to bid 2 vendors invited to bid ' 2 vendors invited to bid (1 declined) Ace Acoustics Tolin Mechanical Systems High Plains Electric $3,450 $1,625 $2,172 Acoustics and Interiors Pro Tech Plumbing and Heating Estes Park Electric $3,800 $2,395 $2,800 Staff recommends the low bids from Ace Acoustics, Tolin Mechanical Systerris and High Plains Electric. After further discussion, the Committee recommends approval to contract with Ace Acoustics - $3,450, Tolin Mechanical Systems - $1,625 and High Plains Electric - $2,172 for a total project cost for Phase I of $7,247 from account RECORD OF PROCEEDINGS Community Development - April 5,2007 - Page 3 217-5304-453-25-02 as budgeted. Reports. Reports provided for informational purposes and made a part of the proceedings. • Museum Monthly • Senior Center Monthly COMMUNITY DEVELOPMENT. Proposed Vacation Home Municipal Code Revisions - Discussion. Dir. Joseph provided a brief history of the licensing of vacation homes in Estes Park. Recent discussion with neighbors and business owners has called for more restrictive use of a vacation home in a residential neighborhood and better enforcement. The revisions allow vacation homes to operate in all residential zoning districts as a principal full-time use with the following proposed regulations: (1) Prohibit any related or unrelated services or home occupation businesses; (2) Overnight occupancy of a vacation home shall not exceed eight people nor be rented to multiple parties (separate rental agreement); (3) No onsite customer services while the residence is occupied or rented as a vacation home; (4) No commercial activities other than accommodations shall be allowed; (5) No home occupation businesses would be permitted at any time on properties licensed as a vacation home, or non-concurrent home occupation businesses would be allowed when the vacation home is not in use; (6) B&B provision would allow an owner occupied vacation home to rent to multiple parties and provide daily cleaning, laundry and food services. Discussion was heard and is summarized as follows: the occupancy of eight should never exceed eight including the occupancy of the homeowners (example: 2 homeowners plus 6 guests); leasing of a property to run a B&B would not be permitted; kitchen facilities shall be consistent with single-family residential use (no efficiency kitchens permitted); difficulty in regulating/enforcing a non-concurrent home occupation license; impact of vacation homes on residential neighborhoods; requiring the posting of regulations at each vacation rental; setting a minimum night requirement. Jim Barrie/A Celtic Lady's Mountain Retreat expressed concern that the proposed revisions do not address the impact of a vacation home on the residential neighborhoods. He stated the current language that allows an onsite manager to be present during the rental to multiple parties aids in maintaining compliance with the Town's regulations. Requiring a property owner to live onsite full time would create a larger impact on the neighborhood with an increase in traffic and noise. The new regulations would decrease the number of vacation rentals and B&Bs in Estes Park. Mr. Barrie requested the Town consider adopting a set time when the new regulations would be enforced as businesses are accepting reservations for future dates. Administrator Repola stated the regulations are an effort to protect the residential character of the neighborhood. He informed the Committee no new B&Bs will be permitted unless the property is within the RM or R-2 (special review) zoning districts as required by the Estes Valley Development Code; however, current businesses will be permitted to continue their operations. Tom Ewing/1082 Fall River Court strongly suggested the Town develop a clear definition of a vacation home with language that is easily interrupted and enforced, the proposed business should be investigated prior to issuance of a business license to ensure that it conforms to the regulations of the Town and private covenants, business owners should be made aware of the Town's regulations, and favors a vacation rental over a B&B operation with a minimum stay of 3 nights in a residential neighborhood. Marge Gooldy/1071 Fall River Court would encourage the Committee to adopt language that would not permit any other commercial activity at a vacation home. RECORD OF PROCEEDINGS Community Development - April 5,2007 - Page 4 Dir. Joseph stated a growing trend is the purchasing of homes in Estes Park by hotel operators for overflow capacity. These stays could be nightly, with a larger impact on the neighborhoods. The Committee discussed options to address the issue such as a minimum stay requirement. The Committee requests staff prepare the revision for presentation at the April 24~h Town Board meeting including the language that would prohibit a home occupation business concurrently with a vacation home and eliminating the optional B&B provision. Reports. Reports provided for informational purposes and made a part of the proceedings. • Activity and Budget Summaries • Building Permit Summaries CONFERENCE CENTER TOUR. All wishing to tour the newly renovated Conference Center will meet on-site directly after the meeting. There being no further business, Chairman Pinkham adjourned the meeting at 10:33 a.m. Jackie Williamson, Town Clerk 1. Memo Date: April 6,2007 TO: Town Board From: Gregory A. White RE: Ordinance - 06-07 - Incorporating a new flood insurance study and flood insurance rate map - FEMA BACKGROUND: In 1990, the Town adopted the Flood Insurance Study (FIS) and accompanying Flood Insurance Rate Map (FIRM) dated May 4, 1987. This Study and Map identifies flood hazard areas within the Town of Estes Park. Effective December 19, 2006 FEMA issued a new Flood Insurance Study (FIS) and accompanying Flood Insurance Rate Map (FIRM) which identifies existing flood hazards within the Town of Estes Park. The purpose of this Ordinance is to amend Chapter 17.28 of the Municipal Code to incorporate the new Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) effective December 19, 2006. The effect of adoption of this Ordinance will be the continued ability of property owners within the Town to access the commercial lending market pursuant to applicable FEMA regulations. Failure to adopt the new FIS and FIRM may result in the possible suspension of FEMA programs and loss of the ability of properties within the Town to access the commercial lending market. The new FIS and FIRM do not substantially change the previously existing flood hazards within the Town. BUDGET IMPLICATIONS: There are no budgetary implications STAFF RECOMMENDATION: It is the Staffs recommendation that the Ordinance be adopted. - 1 . ORDINANCE NO. 6-07 AN ORDINANCE AMENDING CHAPTER 17.28 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO FOR THE PURPOSE OF INCORPORATING A NEW FLOOD INSURANCE STUDY (FIS) AND FLOOD INSURANCE RATE MAP (FIRM) THAT HAS RECENTLY BEEN RELEASED BY FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) WHEREAS, FEMA has issued a new Flood Insurance Study (FIS report) and Flood Insurance Rate Map (FIRM) which identify existing flood hazards within the Town of Estes Park which was effective on December 19, 2006; and WHEREAS, it is necessary to amend Section 17.28.016 of the Municipal Code to incorporate the new FIS and FIRM as referenced; and WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, has determined it is in the best interest of the Town to amend the Municipal Code of the Town of Estes Park, Colorado by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: Section 17.28.016 of the Municipal Code shall be amended to read as follows : Section 17.28.016 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for the Town of Estes Park, Colorado," dated December 19, 2006, with an accompanying Flood Insurance Rate Map (FIRM), is hereby adopted by reference and declared to be a part of this Chapter. The Flood Insurance Study and FIRM are on file at the Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado. Section 2: The adoption of this Ordinance hereby determined to be an emergency in order for the Town to immediately comply with the applicable provisions of the National Flood Insurance Act of 1968. WHEREAS, in the opinion of the Board of Trustees an emergency exists, this Ordinance shall take effect and in force immediately after its adoption and signature by the Mayor. ... .. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2007. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2007, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of ,2007. Town Clerk 2