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HomeMy WebLinkAboutPACKET Town Board 1996-09-242. Prepared 9/19/96 *Revised 9/24/96 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 our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, September 24, 1996 7:30 P.M. AGENDA PUBLIC COMMENT. To conduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at the discretion of the Mayor. CONSENT CALENDAR: 1. Town Board minutes dated September 10, 1996. 2. Bills. 3. Committee Minutes: A. Light and Power, September 12, 1996. B. Public Safety, September 19, 1996. C. Planning Commission, September 17, 1996 (acknowledgement only). 4. Special Review #96-5, Nicky's RV Resort - Continued to October 8, 1996 at the Applicant's Request. ACTION ITEMS: 1. Light and Power Committee, September 12, 1996: A. Electric Shutoff Policy. B. Christmas Decorations Installation and Maintenance - Acceptance of Bid and Budget Expenditure. 2. Public Safety Committee, September 19, 1996: A. Resolution #15-96 Ratifying/Affirming Telephone Access Facility Charge for E911 - Approval. *3. Resolution #16-96 - Intent to Annex "Elm Road Second Addition", referring same to the Planning Commission. 4. Town Administrator's Report: A. 1 Town of Estes Park. Larimer county, colorado, . Nqptemher 10. ., 19. 94 Minutes of a - Regular· · · meeting of the Board of Trustee, of the Town of Estel Park, Larimer County, Colorado. Meeting held in the Municipal Building in •aid Town of Estes Park on the . 10.93 . day of . . Septen}bfr. . ., A.D., 19. 96 at regular meeting hour. ProTem Susan L. Doylen Meeting called to order by Mayor ......................... Jeff Barker, Present: Mayor Susan L. Doylen Truatees: John Baudek, George J. Hix, William J. Marshall, J. Donald Pauley Gary F. Klaphake, Alio Present: Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk Abient: Robert L. Dekker, Mayor Mayor ProTem Doylen called the meeting to order at 7:30 p.m. PUBLIC COMMENT. None. CONSENT CALENDAR: 1. Town Board minutes dated August 27, 1996. 2. Bills. 3. Committee Minutes: A. Board of Adjustment, September 3, 1996 (acknowledgement only). 4. Special Review #96-5, Nicky's RV Resort - Continued to September 24, 1996 at the Applicant's Request. It was moved and seconded (Hix/Barker) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Jeffrey S. Zax. Ph.D. - Presentation of Economic Growth and Its Sources in Estes Park. Eric Blackhurst/Forward Estes Park, introduced Nellie Hester, CU, who conducted research (over 100 hours) and Dr. Jeffrey S. Zax who presented an Executive Summary of the aforementioned 5-month survey. The following points were discussed: Point 1 - The number of residences have increased and those existing residences are also being used for longer periods during the year; Point 2 - Sales have grown less quickly than the effective residential population; Point 3 - Businesses are working harder for each sale; Point 4 - The shift from Fall River to Beaver Meadows entrants has brought more tourists through the commercial districts of Estes Park; Point 5 - Residents are meeting increasing proportions of their consumption needs outside of the Town; Point 6 - Visitors entering Estes Park from Highway 34 plan to shop, eat or stay. Visitors continuing on through the Town to RMNP make additional purchases. Unanswered questions are: Do visitors who arrive on Highways 36 or 7, or from within RMNP differ in their contribution to the local economy?; Where are the economic consequences of the Board of Trustees - September 10, 1996 - Page 2 increases in effective residential population?; and, What is the economic health of the existing businesses within the Town? A question and answer period followed, with Dr. Zax reviewing the various sales tax category statistics. Mayor ProTem Doylen thanked Dr. Zax for his presentation, stating that the study will be placed in the Public Library and in the Administration Department. 2. First Street Storm Sewer Design Scope of Services - Approval of Budget Expenditure. The adjusted 1996 Budget contains I $113,000 for the construction of a portion of the First Street Storm Drainage System. This portion will provide underground storm water facilities north along First Street from Highway 7 to Highway 36, then east to Third Street where it will connect to the existing system. RFPs were advertised and one bid was received from Rocky Mountain Consultants for $7,000. The scope includes surveying, design, bidding process, and construction management. Staff requested an additional $3,000 in contingency be maintained for material test ing, underground investigation and additional management time for soils, hydrology and permitting. Construction could begin November 13, and be completed December 20, 1996. It was moved and seconded (Hix/Pauley) the bid submitted by Rocky Mountain Consultants be accepted, and that staff be authorized to maintain $3,000 in contingency, and it passed unanimously. 3. Ordinance #17-96 - Amendina Chapter 7.08.070 Allowing the Keeping and Maintenance of Horses in the C-D and c-0 Districts. Town Attorney White reviewed the ordinance section currently in the Code, and confirmed that the Ordinance updates existing regulations and adds a new section that would allow the keeping and maintaining of horses in the C-D and C-0 commercial districts containing a minimum lot size of 15 acres or more, and a maximum number of horses to four. Due to the commercial districts, carriage rides proposals would still be required to follow the special review process. A permit would also be required. Attorney White read the Ordinance. With approval of a special review application, the Planning Commission would monitor the operation to ensure compliance with approval and/or Code. Planning Commission Chairman Sager received confirmation that 'livery stables' have been deleted from Section 7.08.070 (new Ordinance) as such are not permitted uses. Concerning any potential conflicts between this Section and the zoning regulations, Administrator Klaphake confirmed that the Municipal Code is currently being reviewed for a thorough re- codification ordinance which will be presented in the near future. It was moved and seconded (Hix/Baudek) Ordinance #17-96 be adopted, and it passed unanimously. Whereupon Mayor ProTem Doylen declared the Ordinance duly passed and adopted, ordered it numbered 17-96, and published according to law. 4. Parade Permits. Special Events Director Hinze presented the following standard parade permits for approval which were being directly to the Board as the Community Development Committee had been cancelled: A. Town of Estes Park -,Fire Station Grand Opening, October 19, 1996. The parade staging area is on MacGregor Avenue, from the existing fire station, south to Elkhorn Avenue, directly to Highway 36 to the new station. Anticipate 15 units. B. Town of Estes Park - Annual Christmas Parade, November 29, 1996. The parade route is identical to that used in 1995. Approximate units are 35. Chief Repola has Board of Trustees - September 10, 1996 - Page 3 approved both permits. It was moved and seconded (Marshall/Hix) both Parade Permits be approved, and it passed unanimously. 5. CDOT/Citizen Construction Schedule Input Meeting for the 1997 Highway 7 Protect. Tentatively Scheduled September 19. 1996. 5:30 9.m.. Room 203. Administrator Klaphake announced said meeting date for the purpose of obtaining citizen comments on CDOT's Highway 7 Project. Mayor Dekker and Public Works Committee members are requested to attend. 6. Reappointment/Estes Park Urban Renewal Authority. It was moved and seconded (Hix/Pauley) Richard putney be reappointed as an EPURA Commissioner, for a 5-Year Term, expiring September 14, 2001, and it passed unanimously. 7. Resolution #14-96 - Supporting the Northern Colorado Transportation Feasibility Studv. Mayor ProTem Doylen reviewed the Resolution for said study that is being requested by State Representative Bill Kaufman. Representative Kaufman is committing himself to help facilitate a review of options that should be made available to the people of Northern „ Colorado to begin addressing growing traffic congestion. It was moved and seconded (Hix/Barker) Resolution #14-96 be adopted, and it passed unanimously. There is no cost to the Town by approval of this Resolution. 8. Ordinance #18-96 - Authorizing the Transfer of the Lone Tree Property to the Estes Park Housing Authority. Town Attorney White briefed the Trustees on this Ordinance that is necessary as the transfer was never completed due to the December 12, 1995 Special Election on the Affordable Housing Issue. It is necessary to transfer the property to the Estes Park Housing Authority in order to enable the Housing Authority to fulfill its proposed contractual commitment with Lone Tree Village Apartments Limited Partnership. Attorney White read the Ordinance. It was moved and seconded (Hix/Marshall) Ordinance #18-96 be adopted, and it passed unanimously. Whereupon Mayor ProTem Doylen declared the Ordinance duly passed and adopted, ordered it numbered 18-96 and published according to law. 9. Town Administrator's Report: A. None It was moved and seconded (Hix/Barker) the Town Board meeting be adjourned at 8:55 p.m. to convene a meeting of the Estes Park Housing Authority, and it passed unanimously. ESTES PARK HOUSING AUTHORITY 1. Appointment of Officers. The following is the current list of officers: Chairman - H. B. Dannels Vice Chairman - Susan L. Doylen Secretary - Robert L. Dekker Treasurer - Stephen L. Gillette Mayor ProTem Doylen submitted the following for appointment, which was based on tenure: Chairman - Robert L. Dekker Vice Chairman - Susan L. Doylen Secretary - Marshall i Treasurer - Pauley It was moved and seconded (Hix/Baudek) the above officers be Board of Trustees - September 10, 1996 - Page 4 appointed, and it passed unanimously. 2. Resolution #1-96 Approving the Contract and Transfer of the Lone Tree Propertv. Attorney White reviewed the Resolution and Agreement approving the sale and purchase of said property for the purpose of providing affordable housing units within the Town of Estes Park. Staff also provided a brief history of the affordable housing project for new board members. Closing should occur September 20 and construction could begin September 27, 1996. Attorney White clarified the Town's various guarantees including a default clause which states that the Purchaser (Lone Tree Village Apartments Limited Partnership) must commence construction within ninety days or the property will revert back to the Town, plus a reimbursement of $2,500* in attorneys' fees. Staff comments were: the note is interest-free, the Federal Government, not the Town will monitor the Project for compliance, and the Purchaser will pay all applicable taxes, sewer and tap fees. It was moved and seconded (Hix/Pauley) Resolution #1-96 be approved, and it passed unanimously. There being no further business, Vice Chairman Doylen adjourned the meeting at 9:15 p.m. Susan L. Doylen, Mayor ProTem Vickie O'Connor, Town Clerk eRADFOROPUILISHING CO. RECORD OF PROCEEDINGS Light and Power Committee September 12, 1996 Committee: Chairman Hix, Trustees Baudek and Pauley Attending: All Also Attending: Light & Power Director Matzke, Assistant Town Administrator Widmer, Deputy Clerk Kuehl Absent: None Chairman Hix called the meeting to order at 7:57 a.m. LONE PINE ACRES - REQUEST TO PLACE UTILITIES UNDERGROUND Ralph Nicholas, 1660 North Ridge Lane (Lone Pine Acres), commended the Town for their undergrounding efforts on Hwy. 34, and requested the Town consider a policy change to include in the budget the undergrounding of existing lines in subdivisions, beginning with Lone Pine Acres. Administrator Klaphake noted the Town is committed to budgeting for the major corridors the next few years, and added that new subdivisions are required to install underground lines. Director Matzke added that homeowners can request undergrounding, with the cost being allocated to their utility bills. Line Superintendent Dragon verified that lines, transformers, and poles are replaced when necessary, and there is no precedent for replacing an entire area at once. The Lone Pine Acres facilities have an estimated 20 to 30 years of service before any pole replacement is necessary, although transformers have been updated as needed. Administrator Klaphake suggested that the distribution map be· provided, and that undergrounding progress be reported at the next meeting. ELECTRIC SERVICE SHUTOFF - RECOMMENDATION OF POLICY CHANGE At the request of Town Board, the proposed Shutoff Policy was reviewed by the Finance Director, Finance Department staff, Light & Power Director, Meter Department staff, and the Town Administrator, with the following recommendations: 1. Establish a goal to shorten the bill processing time following the meter reading by five calendar days, maintaining the same due date, and giving the customer five additional days to pay on time. 2. Extend the shutoff date to 30 days following the due date which will extend the 10-day late notice and the 24-hour door hanger notice. 3. Raise the minimum balance in arrears that would trigger shutoff from the present $40 to $65. This amount represents the average monthly combined residential electric and water bill. 4. Implement a $10 charge for each door hanger placed. 5. Adjust cycles to comply with calendar, holidays, etc. 6. Raise the disconnect/reconnect charge from $15 to $30 during business hours and $30 to $60 for after hours. These changes would increase the billing cycle from 32 days to 51 days, consistent with other PRPA member cities; provide customers more payment flexibility; and establish a penalty to discourage habitual late payers. It is recommended these changes take effect November 1, 1996, following adoption by the Town Board and a letter of notification to all customers. The Committee recommends approval of the proposed policy chAnges as presented. Trustee HADFORD PUSLINING CO. RECORD OF PROCEEDINGS Light & Power Committee, September 12, 1996 - Page 2 Baudek asked how billing cycles are determined and if an individual can request to be placed in a different cycle. Finance Director Vavra explained that the cycles are determined by geographic locations for efficient meter reading. FALL' RIVER HYDRO PLANT - - FEASIBILITY STUDY UPDATE This agenda item was postponed pending the completion of the study. CHRISTMAS DECORATIONS INSTALLATION AND MAINTENANCE - SCOPE OF SERVICES Director Matzke presented the Scope of Services for privatization of the installation and maintenance of the Christmas decorations. Administrator Klaphake noted this is an attempt to postpone the hiring of additional Town line crew personnel, whose time needs to be dedicated to new utility hookups. A notice was advertised in the Trail-Gazette, and copies of the Scope of Service were delivered to two interested contractors. Bids are due September 18, and permission is requested to present the bids directly to Town Board on September 24. The Committee recommends the bids for installation and maintenance of the Christmas decorations be presented to Town Board on September 24, to allow work to proceed immediately. HISTORY OF ELECTRIC POWER IN ESTES PARK - AUTHORIZATION TO ENGAGE FIRM TO WRITE MANUSCRIPT Director Matzke distributed samples of utility histories prepared by Westmoreland Larson Webster, Inc., and recommended this company be hired to produce a history of the Estes Park Light & Power Department, including the Stanley Power Department, Fall River Hydroelectric Plant, Big Thompson Project, Public Service Company years, and formation of the Platte River Power Authority. The cost of $5,000 would include conducting interviews, gathering information, and producing a 50-page manuscript, but does exclude publication. There is sufficient funding in the 1996 budget for Professional Services. Chairman Hix suggested that the public be solicited to offer information, pictures, etc. Trustee Baudek was concerned about the impact on the budget. The Committee recommends this item be tabled until the November meeting, pending the upcoming 1997 budget discussions. REPORTS Director Matzke presented the Financial Reports for July and August. Platte River Power Authority: No report. Project Updates: All street light fixtures on Hwy. 34 have been installed and trenching for the primary underground is in progress. RMNP conversion is continuing. Lines at the elementary school have been rearranged. Automatic meter reading is being tested. There being no further business, Chairman Hix adjourned the meeting at 8:45 a.m. -TE_ K.-42 Tina Kuehl, Deputy Town Clerk MRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Safety Committee September 19, 1996 Committee: Chairman Marshall, Trustees Baudek and Pauley Attending: Chairman Marshall, Trustee Baudek Also Attending: Town Administrator Klaphake, Police Chief Repola, Fire Chief Rumley, Clerk O'Connor Absent: Trustee Pauley Chairman Marshall called the meeting to order at 3:30 p.m. Chairman Marshall read a letter from Jo Jones commending Officer Kenney for his courtesy and concern during an automobile accident. POLICE DEPARTMENT. Resolution Ratifying/Affirming Charge for £911. Chief Repola reviewed the background of the Larimer Emergency Telephone Authority and E911 System. The current Intergovernmental Agreement authorized the identical telephone access facility charge through 1996. The Committee examined a resolution authorizing the $.50/month/exchange E911 access facility charge. Following discussion, the Committee recommends approval of the Resolution endorsing current funding as presented. Police Administration will give this presentation at Town Board meeting September 24. Address Numbering. In a memorandum dated September 10, 1996, Trustee Baudek called attention to the lack of address numbering on commercial and residential structures, and the potential impact on emergency response equipment. Staff offered background information on the house numbering system that was instituted in the mid-late '70's which resulted in the Town obtaining an official set of street numbering maps. Chiefs Repola and Rumley commented on the negative impact of sporadic numbering, lack of visibility from the street, duplication of street names, missing portions of address placards that result in distorting addresses, noting that address location tends to be more difficult with existing, not new, residences. Staff also discussed various methods of street numbering used in neighboring municipalities, and suggested that perhaps an ordinance could be adopted stipulating that the Building Official is authorized to require new structures to be visibly marked from the street prior to issuance of a certificate of occupancy. Current owners would have one year to comply with the ordinance. Following discussion, the Committee requested Attorney White prepare an ordinance for review by the Committee. Staff suggested that perhaps the utility bill message line could be utilized by stating: "do you have a street number sign visible from the street?" Personnel Update. A conditional offer has been offered to an individual for a dispatch position. However, the Communications Center remains understaffed pursuant to a current dispatcher terminating his position. The Department is seeking fulltime dispatcher experience, particularly due to EMD (Emergency Medical Dispatch). Clancv Parking System Update. Chief Repola presented the end of season report, which, in summary resulted in 384 warnings for overtime parking, and 72 actual tickets. IRA'FORD PUBLISHING CO RECORD OF PROCEEDINGS Public Safety Committee - September 19, 1996 - Page 2 Trustee Pauley joined the meeting at 4:00 p.m. Chief Repola has submitted the survey reports to EPURA Executive Director Anderson, and the Police Department' s work study student may work on this data. Staff believes the 1996 Parking Plan did cause a positive behavior change as they received one negative letter from a local merchant, and none from visitors. The Public Works Department assisted with the installation of signs, and Director Anderson provided parking maps. When the plan was adopted, the term was for the 1996 summer season; staff is requesting a policy decision on the future of the Parking Plan/Clancy System. The Committee recommends remaining with the Parking Plan for one more year. Additional discussion on the possibility of transforming certain existing timed lots (Coffee Bar and Dark Horse) into paid lots will be discussed at the end of the 1997 season. FIRE DEPARTMENT. Uniform Fire Code/Life Safetv Code. Administrator Klaphake was directed to conduct a survey of municipalities to t determine whether they had adopted the Life Safety Code. Community Development Secretary Botic conducted the survey and it was presented for review. Staff determined that the Uniform Fire Code, not the Life Safety Code, had been most generally adopted. Enforcement is active and most frequently accomplished by the Building Department. Adoption of the Fire Code has budget implications as staff believes an additional fulltime Building Official would be required. However, Administrator Klaphake stressed that the Town has been on the verge of seeking an additional inspector for a time, and that the expense should not be solely attributed to adoption of the Fire Code. Chief Rumley stated that adoption of the Code would authorize the Building Official and Fire Dept. to correct life safety hazards that exist today, such as chained/padlocked/blocked exits. The Committee recommends: (1) Attorney White prepare an ordinance for the adoption of the Fire Code, and (2) a budget appropriation be included in the 1997 Budget for an additional Building Official. The effective date of the ordinance is to be 1997. Dannels Fire Station - Change Order. Assistant Administrator Widmer reviewed Change Orders #12, 14 and 15 for a total budget expenditure of $2,176 to add 4 trees, repair the water line, delete the pressure reducer on the air lines (no charge), and a deduct of $496 for bat insulation. To date, the Project has had a 1.3% increase over the base price, which is admirable for a building of this size. Staff reported that plans called for 4 trees to be relocated, however, due to soil conditions, the trees must remain in place. Discussion followed on the possibility of placing trees scheduled for removal in the Municipal Building Lot at the fire station site, and Senior Planner Joseph will investigate. The Committee recommends approval of the Change Orders in the amount of $2,176. Chief Rumley gave the Committee a progress report on construction of the new station, confirming that the contractor anticipates meeting the Grand Opening Celebration on October 19. A weight room is nearing completion, and it will be furnished by donated equipment. BRADFORO PUILISHING CO. RECORD OF PROCEEDINGS Public Safety Committee - September 19, 1996 - Page 3 Fulltime Fire Administrator Position. In a letter dated September 16, 1996, Chairman Marshall responded to the Department's request for a fulltime Fire Administrator. In brief the Town will, through Community Reinvestment Funds through 1998, pay for the new station, continue to investigate future progress with ISO Ratings, and, if and when the Town opts to hire a fulltime fire staff, the Town will seek a fulltime fire chief. The Town is not prepared at this time to hire a Fire Administrator. There being no further business, Chairman Marshall adjourned the meeting at 4:34. 40,4 7.j 4-2_, C) C.61cw jUD Vickie O'Connor, CMC/AAE, Town Clerk BRADFORD PUILImMING CO. RECORD OF PROCEEDINGS Planning Commission September 17, 1996 Commission: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma Hix, Edward Pohl, and David Thomas Attending: Chairman Sager, Commissioners Burgess, Gilfillan, Pohl, Thomas Also Attending: Director Stamey, Senior Planner Joseph, Secretary Botic Absent: Trustee Liaison George Hix, Attorney White, Commissioner Brown and A. Hix Chairman Sager called the meeting to order at 9:30 a.m. 1. MINUTES Minutes of the August 20, 1996 meeting were approved as presented. Commissioner Pohl commended Secretary Botic' s work on the minutes. 2. REZONING 2.a. Lots 1-4. 7-50. 7B - 16B. Buenna Vista Terrace Subdivision. Lots 1 and 2. Schuster Subdivision. Lots 1 and 2 Hess Subdivision. Buenna Vista Terrace Subdivision Property Owners/Applicant. This is a request to rezone Buenna Vista Terrace Subdivision from R-S Residential to E-Estate. Gerald Mayo, 265 Lookout Street, stated he bought his home in a 'residential area' and since this rezoning request began, another B&B has been added to the area and there is a proposal for a duplex. He provided the following results of neighborhood petitions and a colored map reflecting the following information for the rezoning request: Yes 47 80% No 7 12% No opinion/ Unable to locate _5 =al 59 100% Mr. Mayo emphasized that an overwhelming majority are in favor of the Petition. Chairman Sager stated he met with Staff on September 16, 1996 and at that time there was no new information regarding this Petition to Rezone; he regretted receiving the new information at such a late time. Mr. Mayo stated he had no objection to continuing the Commission's decision in order to review the new information. Commissioner Thomas stated it was the purpose of the Commission to be fair to both sides and noted when he received his notebook on September 13, 1996, there was no information in the section for this item. At the Study Session he was given letters of objection and new signed Petitions. At this meeting Mr. Mayo submitted the colored map and results. Mr. Mayo apologized for the tardiness of new information. Audience comments in favor of the Rezoning were heard from Judy Lamy, Rock Ridge Road and Susie Mayo , 265 Lookout Street. Mary Baurer, 251 Mountain View Lane, (Mirabell Division) submitted a letter and also spoke stating she would like to retain her home as a duplex and be grandfathered if the Rezoning is approved. No opposing comments were heard from the audience. Commissioner Pohl expressed his support of Commissioner Thomas' earlier comments and stated he had not time to review the new information and requires additional information. Stating he hoped the Commission would not receive late information again, he made the following BRADFORDPUBLISHINGCO. RECORD OF PROCEEDINGS Planning Commission - September 17, 1996 Page 2 motion. It was moved and seconded (Pohl/Thomas) Lots 1- 4, 7-50, 7B - 16B, Buenna Vista Terrace Subdivision, Lots 1 and 2, Schuster Subdivision, Lots 1 and 2 Hess Subdivision, be continued to the October 24, 1996 meeting, and it passed unanimously. Director Stamey clarified that new information would need to be submitted by Wednesday, October 16, 1996, to be included in the Commissioner's notebooks. 3. SUBDIVISIONS 3.a. Amended Plat. Lots 1 and 2. Hess Subdivision. Alice M. Hess/ Applicant. This request is for a boundary adjustment between two existing lots. Applicant's representative, Paul Kochevar, stated the existing home was built in the 1920's. A meeting is planned with the Applicant and the E.P.S.D. Drainage easements will be added as recommended by Staff. He stated the wetlands will be identified; there are no plans to build on the wetlands and the Plat meets the Municipal Code requirements. Senior Planner Joseph reviewed the Staff report and stated the original plat bearing basis needed to be added and that approval of this Amended Plat does not in any way establish rights or grandfather status for the stated intended future use of the lots (duplex/garage apartments). Mr. Joseph stated correspondence opposing this request has been received from R. B. Sunderland, 220 Davis Street; Ralph and Patricia Guild, 260 Davis Street; Susan ··J. Grant, 247 Davis Street; and Carolyn Kilgore, 231 Davis Street. He noted the opposition was due to the Applicant's stated intent of a duplex on the property. Audience comments opposing this request were heard from Ralph Guild, 260 Davis Street (drainage and the sewer easement going through bedrock which would be the same level as his house line), Gerald Mayo, 265 Lookout Street, (the lot is nonconforming and the Applicant does not maintain his existing property). Mr. Joseph stated no information has been received on a garage and it would be possible for the Applicant to have an accessory dwelling unit on either lot with or without the Lot line adjustment. Mr. Mayo requested the intent be given consideration and requested the request be continued until the Buenna Vista rezoning Petition' is resolved. Judy Lamy, Rock Ridge Road, questioned why land and buildings were not being considered jointly. Mr. Joseph stated the request was only for a boundary adjustment; when application is submitted for a Building Permit, uses conforming to existing regulations will be required. Commissioner Thomas stated the letters received on this request were also received in an untimely manner. It was moved and seconded (Thomas/Gilfillan) Amended Plat, Lots 1 and 2, Hess Subdivision be continued to the October 24, 1996 meeting, and it passed unanimously. 3.b. Amended Plat. Portion Lot 8. Town of Estes Park. Bruce Meisinaer/Applicant. This request is to define the public right-of-way for Big Horn Drive. Applicant's representative, Kerry Prochaska, stated the 1909 and 1910 plats lacked sufficient information on this area. The Applicant will add the 10' perimeter utility easement to the Amended Plat as requested by E.P.S.D. and will work with Public Works on a drainage easement. Senior Planner Joseph reviewed the Staff report noting this request which has come via the Board of Adjustment as the Applicant would like to erect a ,garage. He concurred ~RADFORD PUBLISHING Co. RECORD OF PROCEEDINGS Planning Commission - September 17, 1996 Page 3 with Mr. Linnane's request that future building permits will require drainage flow to be contained within a 5' easement along the west property line. It was moved and seconded (Burgess/Thomas) Amended Plat, Portion Lot 8, Town of Estes Park be approved upon the following conditions, and it passed unanimously. • The Amended Plat be revised to graphically delineate that portion of the street right-of-way which has previously been included within the legal description of the property. This area to be labeled as an area to be dedicated as public street right-of-way, and the dedication statement be revised accordingly. The horizontal geometry of the Big Horn Drive right-of-way was not included on the original 1909 and 1910 Plats. Therefore, the proposed right-of-way geometry at the northeast corner of the lot was added. A note explaining this situation to be added to the Amended Plat. • Property owner to provide 10' utility easement and added to the Amended Plat to be modified as it intersects with the house. • A 5' minimum drainage easement be modified as it intersects with the house. • Prior to issuance of a Building Permit, the Applicant must submit a drainage plan for this site. 3.c. Amended Plat. Tracts 4 & 5, Beaver Point Second Addition. Garv Mitchell/Applicant. It was moved and seconded (Pohl/Burgess) Amended Plat, Tracts 4 & 5, Beaver Point Second Addition be continued to the October 24, 1996 meeting, and it passed unanimously. 4. DEVELOPMENT PLAN 4.a. Development Plan 96-12. Tracts 4 & 5. Beaver Point Second Addition. Garv Mitchell/Applicant. It was moved and seconded (Thomas/Burgess) Development Plan 96-12, Tracts 4 & 5, Beaver Point Second Addition be continued to the October 24, 1996 meeting, and it passed unanimously. 4.b. Amended Development Plan 92-1. Timberlane Lodge. Tract 1. Beaver Point. Second Addition. Curtis Thompson/Applicant. Director Stamey reviewed this request to modify Development Phasing to include constructing Units B-5 and B-6 during or before 1998 rather than the phasing date of 1996 as shown on the Amended Development Plan. Mr. Stamey stated this will not cause any change in the project completion date of 1998; this is an internal scheduling construction change. It was moved and seconded (Thomas/Pohl) Amended Development Plan 92-1, Timberlane Lodge, Tract 1, Beaver Point, Second Addition, be approved to modify the construction of Units B-5 and B-6 to be during or before 1998, and it passed unanimously. 4.c. Modification of Development Plan for Special Review 96-4. Lone Tree Villaae. Lot 5. Manford Addition. Simpson Housina/Applicant. This request is to modify one building footprint from 2 bedrooms to 3 bedrooms. Senior Planner Joseph explained this modification will fulfill the requirement for additional handicap adaptable units in this project. The modification to the site plan will BRADFORD PU~LISHING CO. RECORD OF PROCEEDINGS r.anning Commission - September 17, 1996 Page 4 increase the building square footage by 400 square feet and will still meet all parking and setback requirements. This will not significantly change the project's density design or appearance as a result of this modification. Audience comments were heard from Judy Lamy, Rock Ridge Road. As an Occupational Therapist, she expressed her admiration for this project with respect to the handicap adaptable units. It was moved and seconded (Burgess/Thomas) Development Plan for Special Review 96-4 , Lone Tree Village, Lot 5, Manford Addition be approved to modify one building footprint from 2 bedrooms to 3 bedrooms, and it passed unanimously. 5. COUNTY REFERRAL 5.a. Willow Ridae PUD.NWe 02-04-73 ;SWof Marvs Lake Road. about 4 of a mile from County Road 65. NW of Marvs Lake. Crystal Creek Development/Applicant. This is a request to divide 16.5 acres into 8 lots for single family residences with 6 acres of open space with lot sizes ranging from .68 acres to 1.4 acres. Applicant's representative Paul Kochevar stated the Applicant has requested a variance for this to be considered a PUD as a PUD requires 20 acres. This request is a Concept Plan which will come before the Planning Commission with revisions at a later time. The County has requested the access point be moved due to the poor site distance of Ramshorn, Kerr Road at Marys Lake Road. The wetlands have recently been mapped and although they are not regulatory areas, the goal is to preserve them. Chairman Sager requested Mr. Kochevar identify and preserve the large rock outcropping on the property. Commissioner Thomas requested the intersection be realigned for safety reasons. Mr. Kochevar stated the swale on the north side of the property would be a no-build area. Chairman Sager concurred with Mr. Joseph's Staff report which requests the County's consideration of the following points as part of the Concept Technical Review Process. • Dedication of public right-of-way for Kerr Road and Rams Horn Road with this plat. • Dedication of a drainage easement through Lots 7 and 8 for the existing swale. • Minimize loss of wetlands due to construction of homes and driveways. • Analysis of existing and future access to neighboring properties to determine if an extension of public right-of-way through the site is needed. Staff will forward the above comments to Larimer County. 6. REPORTS 6.a. Chairman Sager announced the October Planning Commission Meeting will be Thursday, October 24, 1996 at 1:30 p.m. 6.b. On September 23, 1996 at 3:00 p.m. in Room: 103, Malcolm Murray will speak. Mr. Murray was the principal lawyer for Boulder County in the Boulder County vs. Jafay case which upheld Boulder County's right to enforce zoning regulations that conform with Boulder County's Comprehensive Plan. There being no further business, Chairman Sager adjourned the meeting at 10:47 p.m. i rawt«2~ Bot£> -3 Ro*anne S. Botic, Recording Secretary m ESTES PARK SURVEYORS & ENGINEERS, INC. Telephone 970-5865175 Post Office Box 3047 Estes Park, CO 80517 #.*+15= r. r Ce .Ct 4 - -- September 18, 1996 W.O.1282A C :\91,83 LETTERS \1282aa O. A \ N . Lf -4-, Ms. Vickie O'Connor, Town Clerk Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: Nicky's RV Resort Dear Ms. O'Connor: We and our client were under the understanding that the continuance of the Special Review hearing for Nicky's RV Resort was because it was not advertised for the September 10 Town Board meeting. However, September 2, we received a letter from Steve Stamey that indicates the applicant had asked for a continuance. We believe there was a mutual misunderstanding of the need for, and at whose request, the continuation was made. Nevertheless, an additional continuance is needed for two reasons; 1. Greg White cannot be at the meeting on the 24th. It would be to everyone's best interest that the most experienced legal representation for the Town be at this meeting, and 2. Our clients legal counsel and engineering consultant will not be totally prepared for the meeting on the 24th. We would propose that the hearing be continued to October 8. In addition, we will contact all of the neighbors that made a presentation or have contacted us, to let them know that we have requested a continuance. If you have any questions or need additional information, please contact us. Respectfully yours, Estes Park Surveyors & Engineers, Inc. £~- Paul M. Kochevar, P.E. & P.L.S. President •RAOFC)~0 pual,•HING CO· RECORD OF PROCEEDINGS Light and Power Committee September 12, 1996 Committee: Chairman Hix, Trustees Baudek and Pauley Attending: All Also Attending: Light & Power Director Matzke, Assistant Town Administrator Widmer, Deputy Clerk Kuehl Absent: None Chairman Hix called the meeting to order at 7:57 a.m. ELECTRIC SERVICE SHUTOFF - RECOMMENDATION OF POLICY CHANGE lai At the request of Town Board, the proposed Shutoff Policy was reviewed by the Finance Director, Finance Department staff, Light & Power Director, Meter Department staff, and the Town Administrator, with the following recommendations: 1. Establish a goal to shorten the bill processing time following the meter reading by five calendar days, maintaining the same due date, and giving the customer five additional days to Pay on time. 2. Extend the shutoff date to 30 days following the due date which will extend the 10-day late notice and the 24-hour door hanger notice. 3. Raise the minimum balance in arrears that would trigger shutoff from the present $40 to $65. This amount represents the average monthly combined residential electric and water bill. 4. Implement a $10 charge for each door hanger placed. 5. Adjust cycles to comply with calendar, holidays, etc. 6. Raise the disconnect/reconnect charge from $15 to $30 during business hours and $30 to $60 for after hours. These changes would increase the billing cycle from 32 days to 51 days, consistent with other PRPA member cities; provide customers more payment flexibility; and establish a penalty to discourage habitual late payers. It is recommended these changes take effect November 1, 1996, following adoption by the Town Board and a letter Of notification to all customers. The Committee recommends approval of the proposed policy ch-nges as presented. Trustee Baudek asked how billing cycles are determined and if an individual can request to be placed in a different cycle. Finance Director Vavra explained that the cycles are determined by geographic locations for efficient meter reading. TOWN OF ESTES PARK Office Memorandum To: Light and Power Committee From: Richard E. Matzke728;K I)ate: September 10, 1996 Re: Shutoff of Electric Service for Non-Payment Recommendation of Changes in Notification Policy At the meeting on August 13, 1996 the Town Board referred the ShutoffPolicy back to staffto review the following concerns: 1. Consideration for a first-time arrears customer, due to extenuating circumstances. 2. Consideration/incentive for the early-paying customer. 3. Review ofthe $50.00 minimum arrears amount. 4. Review of a longer payment cycle. 5. Review of shutoff policies from other municipalities. A committee consisting of the Finance Director, Finance Department staff, Light & Power Director, Meter Department staff, and the Town Administrator studied the shutoff policy. After completing this review, staffwould like to offer the following recommendations: 1. Establish goal to shorten time required to process bills following meter reading by five calendar days and maintain the same due date. This would require meter readings to be completed by the 108 and 208 for each cycle. (This will give customers an additional five days to pay the bill on time.) 2. Extend the shutoff date to 30 days following the due date rather than the bill date. (This will also move back the 10 day late notice and the 24 hour door hanger notice.) 3. Raise the minimum balance in arrears that would trigger shutoff from the present $40 to $65. (Sixty-five dollars represents the average monthly combined residential electric and water bill.) 4. · Implement a $10 dollar change for each door hanger placed. 5. Cycles may be adjusted to comply with calendar. holidays, meter reading cycles, etc. Following is a sample of the proposed changes as they would impact the billing cycles each month: Current Current Proposed Proposed Action First Cvcle Second Cycle First Cycle Second Cycle Bill Date 20 1* 15th 26th Due Date 58 158 54 158 Next Month Bill 15th 26~~ Late Notice · 98 200, 22nd ~d Last Day to Pay w/0 Penalty 198 298 2nd 12th Door Hanger 20:h 3~t~ 3rd 13th Shutoff 224 2* 58 14th Total Payment Cycle 32 days 32 days 51 days 51 days Irl 2 · We believe these changes will provide our customers more flexibility in scheduling their bill payments and provide enough penalty to discourage habitual late payers from taking advantage of our notification requirements. The Light and Power Department recommends that these changes take effect November 1, 1996 following adoption by the Town Board. A letter will be mailed to all customers notifying them of the policy changes. In addition, the Light and Power Department recommends the Town's Light and Power Rules and Regulations be amended to raise the disconnect/reconnect charge from $15 during business hours and $30 after hours to $30 during business hours and $60 after hours. REM/rv Attachment: Platte River Member Cities Survey 1 . 1-2 TOWN OF ESTES PARK INTEROFFICE MEMORANDUM Date: August 14, 1996 ~ To: Gary Klaphake,00/~ ~ From: Rich \1\Admer f Wi • 4 - Subject: PRPA Cities' Utility Billing Procedures I have collected the information shown below from each of the other PRPA cities. As you can see, they all have a longer cycle than we do before shutting off service. 1. LONGMONT (Utility Billing Supervisor Jeannie Marshall) Normally bill 4 cycles per month; one cycle for August shown 53 Dav Cycle 8/6 - Bill date 8/27 - Due date 9/6 - Next bill with overdue notice (mailed on 9th, past due within 5 days) 9/15 - Final notice 9/26 - Door hanger placed 9/29 - Shutoff 2. LOVELAND (Utility Billing Supervisor Sandy Ramirez) Normally bill 18 cycles per month; one cycle shown 48 Day Cycle 8/1 - Bill date 8/19 - Due Date 8/30 - Delinquent date 9/1 - Next bill (past balance due immediately) 9/3 - Notice of discontinuance 9/13 - Date to pay by to avoid $10 late fee 9/17 - Date to pay by to avoid shutoff 9/16 - Door hanger placed 9/18 - Shutoff 2-3 8/14/96 TOWN OF ESTES PARK INTEROFFICE MEMORANDUM 2 3. FORT COLLINS (Customer Services Deb Michaelson) Normally bill 10 cycles per month; one cycle shown 54 Day Cycle 8/1 - Bill date 8/25 - Due date 9/1 - Next bill ( Past due within 10 days) 9/11 - Delinquent notice (8-10 days to pay) 9/21 - Door hanger placed 9/24 - Shutoff 2-4 1.8.4 TOWN of ESTES PARK Inter Office Memorandum September 19, 1996 TO: The Honorable Robert L. Dekker, Mayor and the Board of Trustees FROM: Michael R. Mangelsen~&/1~h,< SUBJECT: Christmas Display Installation and Maintenance - "96" On September 18, we received two bids for the installation and maintenance of our annual Christmas decorations. A bid from Estes Valley Electric was received in the amount of $64,000.00 and another was received from Rocky Mountain Lawn Care in the amount of $49,750.00. Last year's installation and maintenance expense was approximately $42,000.00. Pending further investigation, the department will submit its recommendation on Tuesday at the Board meeting. MM/rv IRA'FOR' pu,L,IMING CO. RECORD OF PROCEEDINGS Light & Power Committee. September 12, 1996 - Page 2 Baudek asked how billing cycles are determined anit,16*/f~IVidual can request to be placed in a different-S,Flu.~--Pinance Director Vavra explained that the cycles._ape-metermined by geographic locations for efficient m~ej;*41~Ing. FALL RIVER-~NDR~i•ANT - - FEASIBILITY STUDY UPDATE ... Tth.*045-enda item was postponed pending the completion of the study. CHRISTMAS DECORATIONS INSTALLATION AND MAINTENANCE - SCOPE OF SERVICES Director Matzke presented the Scope of Services for privatization of the installation and maintenance of the Christmas decorations. Administrator Klaphake noted this is an attempt to postpone the hiring of additional Town line crew personnel, whose time needs to be dedicated to new utility hookups. A notice was advertised in the Trail-Gazette, and copies of the Scope of Service were delivered to two interested contractors. Bids are due September 18, and permission is requested to present the bids directly to Town Board on September 24. The Committee recommends the bids for installation and maintenance of the Christmas decorations be presented to Town Board on September 24, to allow work to proceed immediately. HISTORY OF ELECTRIC POWER IN ESTES PARK - AUTHORIZATION TO ENGAGE IRM TO WRITE MANUSCRIPT Dir tor Matzke distributed samples of utility histories prep by We oreland Larson Webster, Inc., and recommended this c any be hire to produce a history of the Estes Park Light Power Department, including the Stanley Power Department, 1 River Hydroelectri lant, Big Thompson Project, Public S ice Company years, and fo ion of the Platte River Power ority. The cost of $5,000 ld include conducting int iews, gathering information, and pr cing a 50-page manuscr , but does exclude publication. There i ufficient funding the 1996 budget for Professional Services. irman Hix su sted that the public be solicited to offer informat , pictu , etc. Trustee Baudek was concerned about the impact on bu t. The Committee recommends this item be tabled until the ovember meeting, pending the upcoming 1997 budget discussio REPORTS Director Matzke pr nted the Financial Re ts for July and August. Platte River P er Authority: No report. Project Up tes: All street light fixtures on Hwy. 34 ve been installe and trenching for the primary underground is in p ress. RMNP c ersion is continuing. Lines at the elementary schoo ave been earranged. Autamatic meter reading is being tested. re being no further business, Chairman Hix adj ourned the meetin t 8:45 a.m. -~7_# KULQ Tina Kuehl, Deputy Town Clerk BRADFORD,U,LISHING co. RECORD OF PROCEEDINGS Public Safety Committee September 19, 1996 Committee: Chairman Marshall, Trustees Baudek and Pauley Attending: Chairman Marshall, Trustee Baudek Also Attending: Town Administrator Klaphake, Police Chief Repola, Fire Chief Rumley, Clerk O'Connor Absent: Trustee Pauley Chairman Marshall called the meeting to order at 3:30 p.m. Chairman Marshall read a letter from Jo Jones commending Officer Kenney for his courtesy and concern during an automobile accident. POLICE DEPARTMENT. Besolution Ratifying/Affirming Charge for 8911. Chief Repola 2. A reviewed the background of the Larimer Emergency Telephone . Authority and: E911 System. The current Intergovernmental Agreement authorized the identical telephone access facility charge through 1996. The Committee examined a resolution authorizing the $.50/month/exchange E911 access facility charge. Following discussion, the Committee recommends * approval of the Resolution endorsing current funding as presented. Police Administration will give this presentation at Town Board'meeting September 24. ddress Numbering. In a memorandum dated September 10, 1996, tee Baudek called attention to the lack Of address nu ring on commercial and residential structures, and t poten al impact on emergency response equipment. St f offere ackground information on the house numbering s tem that was stituted in the mid-late '70's which resu ed in the Town o aining an official set of street number maps. Chiefs Repol and Rumley commented on the negativ mpact of sporadic numb ing, lack of visibility from e street, r duplication of reet names, missing portio of address placards that res t in distorting address , noting that address location ten to be more difficult h existing, not new, residences. Staff also discussed vario methods o street numbering used in neighboring municipaliti and ggested that perhaps an ordinance could be adopted p ating that the Building Official is authorized to requir ew structures to be visibly marked from the street prior t i uance of a certificate of occupancy. Current owners wo d ha one year to comply with the ordinance. Following d cussion, e Committee requested Attorney White prepare ordinance or review by the Committee. Staff sugg ed that perhap the utility bill message line could be tilized by stating: "do you have a street number sign v ible from the street?" Personnel Update. A conditional offer has been o ered to an individual fo ' a dispatch position. Howe r, the Communication Center remains understaffed pursuan to a current dis cher terminating his position. The Depa ent is seeking 1ltime dispatcher experience, particularly du to EMD (Eme ency Medical Dispatch). Clan arking System Undate. Chief Repola presented the end Of son report, which, in summary resulted in 384 warnings fo overtime parking, and 72 actual tickets. RESOLUTION NO. BEING A RESOLUTION RATIFYING AND AFFIRMING A TELEPHONE EXCHANGE ACCESS FACILITY CHARGE FOR THE LARIMER EMERGENCY TELEPHONE AUTHORITY PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT DATED NOVEMBER 14, 1990. WHEREAS, the Larimer Emergency Telephone Authority was created pursuant to § 29-11-101, et seq., C.R.S., by an Intergovernmental Agreement Concerning the Implementation of an "E911" Emergency Telephone Service, dated November 14, 1990, between certain governmental entities located in Larimer County, Colorado; and WHEREAS, pursuant to the aforesaid statutory authority and by resolution of the Town of Estes Park on May 8, 1990, the Board of Trustees is authorized to raise, lower, or reestablish a telephone exchange access facility charge to be assessed telephone service users in the Town of Estes Park; and WHEREAS, by the terms of the aforesaid Ordinance, the Town of Estes Park approved a telephone exchange access facility charge of fifty cents ($.50) per month effective January 1, 1991, and said charge has remained in effect since that date; and WHEREAS, the Larimer Emergency Telephone Authority has proposed that there be no increase in the telephone exchange access facility charge for calendar year 1997; and WHEREAS, the Board of Trustees deems that the continuation of a telephone exchange access facility charge at the rate of fifty cents ($.50) per month is necessary and appropriate to adequately fund emergency telephone services in the Town of Estes Park; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, AS FOLLOWS: 1. Pursuant to § 29-11-101, et seq., C.R.S., and the Intergovernmental Agreement Concerning the Implementation of an "E911" Emergency Telephone Service, dated November 14, 1990, the monthly 50-cent telephone access facility charge which originally commenced on January 1, 1991, and continued through calendar year 1996, is hereby ratified and affirmed. 2. Commencing on January 1, 1997, the telephone exchange access facility charge shall continue at the rate of fifty cents ($.50) per month per exchange access facility. . 3. Telephone service suppliers providing telephone service in the Town of Estes Park are authorized to collect the telephone exchange access facility charge in accordance with § 29-11-101, et seq., C.R.S. Upon motion duly made, secon(led and carried, the foregoing Resolution was adopted this day of , 1996. TOWN OF ESTES PARK, COLORADO' By Mayor ATTEST: Town Clerk i 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., hereby states its intention to annex the area described herein. The Board of Trustees finds and determines that the Annexation Map filed with the Town requesting annexation of the area described herein is in substantial compliance with Section 31-12-107(1)(g), C.R.S. The Board of Trustees further finds and determines that the map is signed by persons comprising one hundred percent (100%) of the landowners in the area proposed to be annexed and owning one hundred percent (100%) of the area, excluding public streets, and alleys and any land owned by the annexing municipality. Such area, if annexed, will be known as "ELM ROAD SECOND ADDITION" to the Town of Estes Park, Colorado. Such area is described as follows: Commencing at the South % corner of said Section 26 as monumented by a G.L.0. brass capped pipe, with all bearings relative to the South line of the SES of said Section 26 considered as bearing S 89°20'02" E; thence N 85°57'18" E a distance of 500.76 feet to the Northerly right-of-way line of U. S. Highway 36; thence N 59°29'39" E a distance of 581.74 feet along said right-of-way line to the Southeast corner of the Elm Road Addition to the TRUE POINT OF BEGINNING; thence S 89°44'11" W a distance of 52.27 feet; thence N 60°00'00" W a distance of 219.46 feet; thence 135.09 feet along the arc of a curve concave to the Southwest, said curve has a delta angle of 43°00'00", a radius of 180.00 feet and is subtended by a chord which bears N 89°30'00" W a distance of 131.94 feet; thence S 77°00'00" W a distance of 155.64 feet; thence 178.58 feet along the arc of a curve concave to the Northeast, said curve has a delta angle of 102°19'10", a radius of 100.00 feet and is subtended by a chord which bears N 51°50'25" W a distance of 155.78 feet; thence N 00°40'50" W a distance of 227.44 feet; thence S 89°19'10" W a distance of 60.00 feet; thence N 00°40'50" W a distance of 125.00 feet; thence N 89°33'04" W a distance of 300.00 feet; thence N 00°40'50" W a distance of 455.80 feet; thence S 89°33'04" E a distance of 25.00 feet; thence N 02°15'56" E a distance of 377.80 feet; thence S 77°36'04" E a distance of 182.80 feet; thence N 76°28'28" E a distance of 57.91 feet; thence S 13°31'32" E a distance of 364.53 feet; thence S 89°33'04" E a distance of 968.40 feet; thence S 01°10'52" E a distance of 796.40 feet; thence S 59°29'39" W a distance of 381.02 feet to the TRUE POINT OF BEGINNING. The above described tract contains 26.40 acres, more or less. IT IS FURTHER RESOLVED, that in accordance with Section 31-12- 108, C.R.S., a public hearing shall be held on November 12, 1996, at 7:30 P.M., in the Municipal Building, located at 170 MacGregor Ave., Estes Park, Colorado, for the purpose of determining if the proposed annexation complies with the applicable provisions of Section 31-12-104 and 31-12-105, C.R.S. IT IS FURTHER RESOLVED, that the Town Clerk shall give notice of the hearing as provided in Section 31-12-108(2), C.R.S. IT IS FURTHER RESOLVED, that the plat of Elm Road Second Addition be referred to the Planning Commission to begin the necessary procedures to make the property subject to the zoning ordinances of the Town. DATED this day of , 1996.