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HomeMy WebLinkAboutPACKET Town Board 2011-10-11Prepared 10/3/11 * Revised 10/7/11 TOWN .FESTI -' The Mission of the Town of Estes Park is to provide high -quality, reliable services for the benefit of our citizens, visitors, and employees, while being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, October 11, 2011 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Town Board Minutes dated September 27, 2011 and Town Board Study Session Minutes dated September 27, 2011. 2. Bills. 3. Committee Minutes — None 4. Estes Valley Board of Adjustment Minutes dated September 13, 2011 (acknowledgement only). * PRESENTATION — Canyon Lakes Forest Service District Update. Richard Edwards. 2. ACTION ITEMS. 1. TOWN ADMINISTRATOR CONTRACT. 2. RESOLUTION #12-11 ESTES PARK LOCAL MARKETING DISTRICT BUSINESS AND OPERATING PLAN FOR 2012. Town Administrator Halburnt. 3. REPORT AND DISCUSSION ITEMS. 1. CITIZEN SURVEY RESULTS SUMMARY. Public Information Officer Rusch. 2. ELKHORN PROJECT INC. RTA APPLICATION UPDATE. 4. REQUEST TO ENTER EXECUTIVE SESSION: For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. 24-6-402(4)(b) and for determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators under C.R.S. 24-6-402(4)(e) related to the Bond Park Project. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Town of Estes Park, Larimer County, Colorado, September 27, 2011 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 September, 2011. Meeting called to order by Mayor Pinkham. Present: Also Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Mark Elrod John Ericson Wendy Koenig Jerry Miller Jacquie Halburnt, Town Ad Lowell Richardson, Depu Cynthia Deats, Deput To Absent: Town Attorney Mayor Pinkham called the mewing to order recited the Pledge of Allegia PRESENTATION RECOGNIZING Mayor Pinkham read olution o a senior at Estes Hig chool, America 2011. nner ho ring Ms. the year at the bann ocation t the inte PRESE Stude to the B presented a K'S SfSI m Sister 'd they a. TY MEM entl ose will ction o or inistrator .m. and all esiring to do so, SE. Isi Rose. Ms. Rose, who is ned Miss Colorado High School isplayed at various times during ighways 34 and 36. MONTE VERDE, COSTA RICA. r , Monte Verde, Costa Rica were introduced were enjoying their visit to Estes Park, and INTRODUCTIO FIRE RSHAL TIM SPEARS. Chief Dorman intro • . ed F' Marshal Tim Spears who was recently hired by the Estes Valley Fire Protection t. Fire Marshal Spears' duties will include interpreting and enforcing the Fire Cod- .roperty inspections, and plan reviews. Formerly a resident of Iowa, Fire Marshal Spears has relocated to Estes Park with his wife and two children. PUBLIC COMMENT. Greg Sievers, Town resident, read a statement expressing dissatisfaction with the current administration and urged the Board to conduct an out-of-state hiring search for a replacement. Charley Dickey, Town resident, commended staff for their efforts promoting Elk Fest which will be held in Bond Park this coming weekend, and the Surprise Sidewalk Sale scheduled for October 8th and 9th. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Blackhurst congratulated the Rooftop Rodeo Committee and the Fairgrounds staff, noting that their efforts have produced a world class facility which is a testimony to the depth and breadth of their expertise. Trustee Elrod noted that the triangle meeting between the Town Board, Larimer County Commissioners, and Estes Valley Planning Commission (EVPC) has been rescheduled Board of Trustees — September 27, 2011 — Page 2 for Tuesday, November 15, 2011, and invited public participation. He said the EVPC continues to work on a problem statement related to accessory dwelling units (ADU). Trustee Ericson noted that the community survey is complete and had a 54% return rate. Results will be presented by PIO Rusch at the October 11th Town Board meeting. The Transportation Visioning Committee (TVC) conducted public sessions last week. Input received will be incorporated into the final report which will be prepared and presented to the Board within the next six to eight weeks. Trustee Koenig said the Rooftop Rodeo has been re -categorized and is now considered a medium-sized rodeo; said that the Rodeo placed in the top five rodeos in this category; and thanked the Rooftop Rodeo Committee and the community for their contributions to the Rodeo. Trustee Miller said that the turnout for the TVC public sessions exceeded expectations and that the community's enthusiastic participation was appreciated. He reported that the public relations value of Local Marketing District D) promotions approaches $400,000 worth of publicity when compared tot rat hat would be spent on comparable advertising and news stories featurin Mayor Pinkham said the Board welcomes co serve the community but does not welco staff in public. TOWN ADMINISTRATOR REPORT. • Electronics will be acce• ed for recycli turday, Ocher 8, 2011, from 9:00 a.m. till 1:00 p.m - Transportati . Hub Park and Ride. The recycling event is being held in nj c ith the Ro . + Club Shred-a-thon. • 2012 Budget Study Sessio wi « - held on per 7th, October 14th and October 21st, • 0 a.m. in oard . The public is invited to attend and I ho own gov t w• • how the budget is set. • The Ann riangle etng o e Town Tard, EVPC, and Larimer County Commissione ._will be Id in thewn Board Room on November 15, 2011, at 2:00 1. estions on ways to better ttempts to embarrass eptember 13, 2011, Town Board Study Session 3, 2011. 2. Bills. 3. Committee M tes: a. Community Development / Community Services 22, 2011. Committee, September 4. Estes Valley Planning Commission Minutes dated August 16, 2011 (acknowledgement only). 5. Estes Valley Board of Adjustment Minutes dated June '7, 2011 (acknowledgement only). It was moved and seconded (Levine/Blackhurst) the Consent Agenda be approved, and it passed unanimously. 2. LIQUOR ITEMS: 1. RENEWAL APPLICATION FILED BY SAFEWAY STORES 46, INC. dba SAFEWAY FUEL #920, 621 BIG THOMPSON AVENUE. Board of Trustees — September 27, 2011 — Page 3 A violation of the State Liquor Code occurred at the Safeway Fueling Station during a Liquor Enforcement Division compliance check conducted on January 22, 2011. Attorney Steve Lee, Store Manager Jared Andrew, and District Manager Jay Gomez, all representatives of Safeway, discussed the renewal of the 3.2% off - premise liquor license, reported that all employees have completed TIPS training, and answered questions raised by the Board. The Trustees expressed disappointment that a violation had occurred within months of the license being issued; requested that Safeway take a look at their procedures for carding customers; and reminded the managers that the Town depends on the licensee and their employees to be the first arm of enforcement for the state's liquor laws. Trustees Koenig and Elrod expressed dissatisfaction with the $200 fine imposed on Safeway by the Liquor Enforcement Division, saying for a large company like Safeway, $200 is not much of a penalty nor is it a deterrent. The licensee assured the Board that Safeway understands the seriousness of the violation and the responsibility placed upon the licensee and its employees; noted that carding of customers is strictly enforced; that . way responded promptly in addressing the violation with TIPS training fog p es; and noted that the employee who failed the compliance check is er e ployed by Safeway. Johanna Darden, Town resident, than about the responsibilities related to t should result in revocation of the li It was moved and seconded (Blackh 3.2% off -premise liquor license for passed. Those voting " or Pro Tem and Miller. Those votines Elrod 1. Trustee Black speaking to the licensee e, an aid a second violation to approve t enewal of the way Fueli Station, and it vine, Trustees Blackhurst, Ericson, Koeni d'"by Planning Commission or mendedndominium Map, East Riverwalk Center Unit B, Building 1, Scott Carter/Applicant. inium Map Units 610 & 612, Park River West se XXV, Richard Wille/Applicant. sted that Item 1.A. be removed from the consent agenda. It was moved an •: conded (Levine/Koenig) to approve consent agenda Item 1.B., Supplemental Condominium Map Units 610 & 612, Park River West Condominiums, Phase XXV, and it passed unanimously. Trustee Blackhurst noted that the applicant for item 1.A., Scott Carter, is not the owner of the East Riverwalk Center Condominiums, Unit B, Building 1, questioning his ability to apply for an amended condominium map, and asked for information related to the recommended conditions of approval. Dir. Chilcott said staff is recommending approval conditional to obtaining the required Attorney Certificate confirming the necessary approvals are obtained prior to the document being recorded. She added that staff will obtain the owners' signature on the application. It was moved and seconded (Blackhurst/Koenig) to approve consent agenda item 1.A., Amended Condominium Map, East Riverwalk Center Condominiums, Unit B, Building 1, and it passed unanimously. 2. REPORT ITEMS: Board of Trustees - September 27, 2011 - Page 4 A. ORDINANCE #19-11, Amendments to the Estes Valley Development Code (EVDC) — Amending Sections of the EVDC to address the Religious Land Use & Institutionalized Persons Act (RLUIPA). Staff is recommending amendments to the Estes Valley Development Code to comply with provisions of the federal Religious Land Use & Institutionalized Persons Act (RLUIPA) which was passed in 2000. The amendments will provide clearer development standards consistent with the purpose and character of zoning districts, and allow schools and religious assemblies as a use -by -right in the CO and A zoning districts, and by special review in the R-2 and RM districts. Deputy Town Administrator Richardson read Ordinance #19-11 into the record. It was moved and seconded (Blackhurst/Elrod) to approve ordinance #19-11, and it passed unanimously. B. ORDINANCE #20-11, Rezoning from CS — Commercial -Outlying to A- 1 — Accommodations, Lot 1, Witt Sub•'., Win, 900 W. Elkhorn Avenue, Robert Fixter/Applicant. The rezoning of the property at�0� EI'Trn Avenue is necessary to accommodate the owner's des .�o c: evert '; existing residence to a small hotel, which is permi m1n A°zo'mg disc its. The rezoning will trigger compliance with q. cable development c•'•requirements and may include sprinkling b e bul • ing. The Est- ey Planning Commission (EVPC) recomme ded - royal condition _ a Change of Use Permit to be • btained from ®ivion of Buildi� Safety that may require addition ork and inc .e, but may not be limited to, EVDC parking requi a s. Dir. Chilc " said that staff mailed out neighborhood notific= 'ons .. -ted to th- aA 0ding request and that no opposit ;[tom o the re 'ning filed. s:Beputy Town Administrator Ordin ' c = 0- , he record. Mayor Pro Tem cern a • t rezoni commercial property. Trustee e prope s an is• ated commercial property and said qit into clance with the area. It was moved and o approve Ordinance #20-11, and it 1. BOND PA / Ma REGOR AVENUE CHANGE ORDER. At the Septe ffi - 3th Town Board meeting, staff was directed to implement Option #1 to •ceed with repairs to MacGregor Avenue, and to bring the scope of work and the cost to the Board for final approval. Option #1 involves the following: removal of sand and pavers; removal of base course; removal of all unstable subgrade material; replacement of subgrade with 18 inches of crushed, recycled concrete, and 12 inches of fairgrounds material and geotextile material; installation of 12 inches of base course material; and the reinstallation of sand and pavers. RG and Associates has submitted a design recommendation for the reconstruction of MacGregor Avenue with costs for design of $13,222, and construction by Cornerstone Construction Concepts including contingency of $199,834 resulting in a change order totaling $215,056 to repair the road and complete the project. Trustee Koenig stated it is unacceptable to include profit in costs to repair a job that may not have met original design specs. Trustee Miller said he is not comfortable approving a change order to the existing contract as a means for providing payment for correcting the work. He said he does not want to move forward without Attorney White present to answer legal questions; is unhappy with the offered settlement and profit being Board of Trustees — September 27, 2011 — Page 5 charged; and questioned the timing of the project noting that downtown businesses would experience less disruption if the repairs are done after the first of the year. Trustee Ericson said this is not a repair but rather a correction of inadequate work that was performed, and is subject to a agreeing to the responsibilities of the parties involved. He said he cannot support using Community Reinvestment Fund monies to pay for the work when there are other ways this money could better benefit the community. Trustee Elrod questioned having the same parties involved in correcting a problem that they may have been involved in creating, and said approval should not move forward until additional legal information can be obtained from Attorney White. Trustee Blackhurst concurred that additional counsel from Attorney White is necessary before moving forward. He said regor Avenue needs to be fixed, and questioned increases to the cost . re®e irs. Ron Norris, Town resident, said if tax MacGregor Avenue then residents done to prevent the problems fro financial responsibility as well. Johanna Darden, Town resident, MacGregor and said tronger, new opposition to the uti of Open Sp Park. ies will be used to repair exp aeration as to what will be and - explanation related to photos of c ed pavers on ay be req -d. She voiced Funds for improvements to Bond Jim Tawney, n resident, laid it be m .T public who is paying for the road repair a contracr� e i c and that the Town should not be payi . r any rep ors to Ma Chd the Board for tabling the topic at this ore research being done, and said the as that would be accepting blame in some Mayo 'inkham s ted there were no agreements made in executive session n d Septe .er 13, 2011. It was move ff econded (Blackhurst/Miller) to table the discussion of the Bond Par acGregor Avenue Change Order until Attorney White is available, preferably the first board meeting in October which is scheduled for October 11, 2011, and it passed unanimously. 2. RESOLUTION #11-11 SURPRISE SIDEWALK SALE OCTOBER 8" AND 9TH The approval of Resolution #11-11 would grant a variance allowing downtown merchants to sell merchandise on the sidewalks in front their storefronts during the Surprise Sidewalk Sale which is scheduled for October 8 — October 9, 2011. Merchants not located on Elkhorn Avenue may reserve space in Bond Park for the sale by contacting Special Event staff. In addition, staff will advise all participants of the sale regulations and police department staff will provide enforcement during the sale. Trustee Blackhurst requested that the item be brought forward in August to provide merchants more time to plan for this event. It was moved and seconded (Blackhurst/Ericson) to approve Resolution #11-11, and it passed unanimously. 3. LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) METERED FUEL VENDOR AGREEMENT. Board of Trustees — September 27, 2011 — Page 6 The Light & Power Department provides financial assistance to low income customers for winter heating bills through the Colorado Low -Income Energy Assistance Program (LEAP). In order to continue to do so, the Town must execute a new agreement with the Colorado Department of Human Services, which supervises the LEAP program. Dir. Bergsten noted that applications for the program are made available at the finance information window in Town Hall, at Salud and Crossroads Ministry, and said that Larimer County is responsible for verifying that applicants qualify for the program. It was moved and seconded (Ericson/Blackhurst) to approve the LEAP vendor agreement, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting at 8:47 p.m. William C. Cynthia Deats, Deputy Town Clerk The Trustees ranked 15 items ail requirements, needs expressed b government, significant one-time invest ent wi and project year. The following are therojeO o e , percentage: Stallll 85%, Bond Park Phase If 811a, Morain enue Streetscape — 80%, Remodel Barn W - 71%, Multipurpose Event Center — 6 ✓ Performing Art Center site preparation — 64%, Public Restroom Transportation Hu 59%, Museum Storage Facility — 50%, Elkhorn Project Inc infrastructure 50%, Fis Hatchery property affordable housing — 49%, ParkingStructure 49 0, � f �iodoor���e�a �7%, Police department lobby remodel — 40%, El {h o Project Inc'lo n — 34%, and CVB 2"d floor finish — 8%. Stall Barns Discussion was heard or the projectxcould be ph future addii s; Trustee stall and wo recomr Master Plan shows fo information to the bard RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, September 27, 2011 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202 & 203 in said Town of Estes Park on the 27th day of September, 2011. Board: Mayor Pinkham, Mayor Pro Tem Levine, Trustees Blackhurst, Elrod, Ericson, Koenig and Miller Attending: All Also Attending: Town Administrator Halburnt, Derj " Town Administrator Richardson, Directors Ber 'tn Chilcott, Kilsdonk, McFarland and Zurn, Man ae rltnslow and Town Clerk Williamson Absent: None Mayor Pro Tem Levine called the meeting to Or CAPITAL ASSET PRIORITIZATIO u j OTHER BUDGET ITEMS o the 2011uiding principles, budget/legal ens, maintain/improve access to Town enefit toaccrue over many years, at could be done before the season started; whether or not d and if using metal buildings would allow for flexibility in er stated a stall building could be built for $6,000 - $8,000 a d portable stalls; questioned what the original Fairgrounds I barns and requested staff review and provided additional making some improvements would make a good impression on the users of the'p r`operty and demonstrate positive progress in improving the stall situation; location of the new stalls are also subject to the location of the performing arts theater; and discussion was heard on the issue of bonding for improvements at the fairgrounds. The consensus of the Board was to have staff review the Master Plan and investigate further the options and cost for replacing 100 stalls in 2012. Bond Park Phase 1I Trustee Elrod questioned if Phase II was the phase outlined in the Bond Park Master Plan or just the next phase of the project. Staff would be holding meetings with a stakeholder group to begin discussion of Phase II outlined in the Master Plan and what it would contain, i.e. the water feature. The recommendation of the stakeholder group would be brought forward for the Board to review. Moraine Avenue Streetscape The $50,000 in proposed funding would be for landscaping across from the Moraine restrooms. Board consensus was to investigate the potential of using large flower pots RECORD OF PROCEEDINGS Town Board Study Session — September 27, 2011 — Page 2 in the area rather than spending funds to improve private property. Discussion also followed on the need to include funding for the pedestrian light at Wiest. Trustee Blackhurst commented the Town should not install a pedestrian light because a permanent easement through the Park Theater Mall property is not in place to complete the riverwalk. Remodel Barn "W" The Board questioned if the repairs to the barn where a safety issue. Staff stated the building has significant issues related to Teaks that have caused insurance claims. The estimated cost to reroof the structure is approximately $50,000 - $70,000. The more significant issue is whether or not the building is in the right location per the Fairgrounds Master Plan. The Board discussed whether or not the barn should be replaced and potentially added to a bond issue for the fairground improvements. Multi Purpose Event Center Additional discussion was heard on the feasibility of bonding for the improvements on the fairground property. Trustee Blackhurst stated the publlc/has continued to ask for an indoor facility since the 1970s. Performing Arts Center Site Preparation The Board consensus was to continue setting money aside for "tie potential site improvements. Public Restroom at Transportation Hub Staff suggested signage be placed to direct user of te'hub to the restrooms at the grandstand and confirmed the restrooms would , available during ticketed events. The Multi Purpose Event Center, if built in the �6pr' posed location, could provide restrooms in the future. Museum Storage Facilit The current facility Too e l n Elm Road at the old Li ht and Power shop contains venting for methane s due O`the landfii7 below and has no environmental controls. Trustee Elrod stated the Town ilt a fiduciary responsibility to protect Town assets such as the museum's ction Director Kilsdonk commented the Friends of the Museum have begun a campaign �or�for=� is capital project and staff would like to work on funding,the project throrugh private a + rant funding. The Board agreed to earmark $250 000 a year from the Community Reinvestment Fund through 2017 with the new facility built for the Towns centennial in 2017. Elkhorn Project Infrastructure The Memorandum of Understanding between the Town and Elkhorn Project Inc. stated a $1 million aggregate cap on infrastructure improvements would be considered if the RTA application is approved. The infrastructure improvements would be completed in 2012. Fish Hatchery Housing Project Trustee Blackhurst stated the Housing Authority would likely complete a needs assessment in the spring of 2012; however, he does not see a demand for low income housing at this time. He commented the community has begun to lose citizens due to decreased funding for Section 8 vouchers which has lead to an increase in rents. Trustee Elrod questioned if there might not be other economic development opportunities for the property because low income housing does not appear to be the highest or best use for the property. Parking Structure The proposed funding would be the 20% matching funds if the Town were to receive a grant for a parking structure. Director Zurn stated the grant has not been awarded; however, the Town's project remains number two in the state. Town Administrator Halburnt stated the project is opportunity -based and would not be considered without RECORD OF PROCEEDINGS Town Board Study Session — September 27, 2011 — Page 3 the grant funding. Staff suggested the item be broken out from the Capital Asset Management Plan and moved to a grant -based line item. Fairgrounds Indoor Arena The Board requested the item remain on the list and be consider during a complete evaluation of the Fairground's Master Plan. PD remodel Trustee Blackhurst stated an item such as staff safety should be completed. The Board consensus was to add the item to the 2012 budget. Elkhorn Project Loan The Board requested the item be removed from the list. CVB Remodel 2nd Floor The Board consensus was to remove the item from 2012 and consider the item in the future to address visitor issues such as expanding the restroom"facilities and increasing the lobby area. VISION/MISSION/GOALS The Board discussed potential changes to the Vision, Mission and Goals for 2012. Trustee Elrod suggested changing resort cp munity to mountain community, and questioned what Estes Park really wants ,top . Discussion followed and the Board reached consensus that Estes Park wants to R trive t r a resort community, and therefore, the Vision, Mission and Guiding Pnncipies sh¢ul remain unchanged in 2012. Vision - The Town of Estes Park witl;enhance our position as a premier mountain resort community. Mission - The Mission of services for the benefit stewards of public re Guiding Principle while we: A. Maintain and stren B. Provide services wt eserve our unique c �� austain a family -friendly Consider the impgOt of our 'actions on the environment Town of Estes P itizens, visitor. ur natdral and emp etting. vide high -quality, reliable ees, while being good F. Support diverse, affordable housing G. Enhance recreationaland cultural opportunities AcPH. Employ`"nd maintain a professional, innovative, and productive team i.Jhe To strives to maintain a balanced approach n our econb "Vitality are responsive, sensitive, and reliable acter and history munity for our citizens and visitors 2012 GOALS Develop Economic Strategy - Engage the community in an economic development visioning process - Evaluate economic development and grant opportunities - Participate in county, regional and state economic planning Improve Transportation - Enhance Visitor Experience o Evaluate/Improve Public Transportation Services o Encourage use of the transportation hub and measure effectiveness - Reduce Congestion o Continue to partner with CDOT and RMNP to seek solutions Sustain Infrastructure RECORD OF PROCEEDINGS Town Board Study Session — September 27, 2011 — Page 4 Implement Comprehensive Street Maintenance / Replacement Program o Explore internal and external funding options o Recommend street maintenance /replacement plans for 2013 budget - Recommend Utility maintenance / replacement plan for 2013. Stanley Park Redevelopment Develop long-term alternatives for financing the completion of the Stanley Park Master Plan Begin construct of replacement horse stalls Resolve SOPA feasibility at Fairgrounds and FOSH funding by May 2012 Bond Park Redevelopment - Complete the first stage of development - Develop scope and implement the second stage of development The Board noted the goals were not in order of priority, Other goal items were discussed such as public safety and employee retention. Town Administrator Halburnt suggested retaining employees should be reviewed ir1 general and include salaries, benefits, etc. Trustee Koenig stated support for a pay increase•in2012 for employees. SHUTTLE SERVICE Director Kilsdonk stated there has been significant feedback from <ritoppizations and individuals on the shuttle schedule and routes Staff has reviewed ` he input and provided analyses of 2012 requests from EALA/LfVtp; Transportation' Visioning Committee and a Tess detailed analysis of requests made by the Estes Park Business Association. The requests reviewed anged from an increase in the number of service hours from 2992 to 4628 by start( theshuttles one hour earlier and extending them one hour later at night, an extension of services days, updating the shuttle maps to not only color code but include dash or d tt,ed lin s, additional shuttle routes including the use of a tram/trolley downtown additional sge v: Icle wraps, audio information, benches, restroom at the transportation h cycle rags for shuttles, ads on shuttles and an early morning„start atAhe YMCA The costs for increased shuttle operations and/or additional vehicles range from $43,296 - $53,201. With an increase in service hours comes a direct affect on other expenses such as an increase to the public restroom cleaning contract of approximate74400. Trusteeate d other entities such as EALA requesting the extension of servshould help fund the increased cost of service. The schedules should be set by transportation professionals and nott individuals or other entities. Trustee Koenig stated EALA has funded the service throuugh promoting and advertising the shuttle service and has increaseithe ridership s promised in 2011. Trustee Miller would support starting the shuttles an hour earlier to allow individuals working downtown o'ride the shuttle to work thereby freeing up parking downtown. He requested staff review the ideas presented to determine which items should be implemented to realize an efficient and effective shuttle system. Trustee Koenig stated support for increasing the service hours and would support $50,000 for the extended operations of the shuttle system in 2012. The Board consensus was to transfer $750,000 to Community Reinvestment Fund and $50,000 to the Transportation budget in 2012. MEDIUM SIZE RODEO The Rooftop Rodeo has been classified as a small rodeo in the past; however, in 2011 the purse size was increased for team roping, a two member team, to provide $3,000 per contestant. This one item moved the rodeo into the medium-sized category for which there are 131 PRCA rodeos with a purse size ranging from $3,001 - $9,999 per event. PRCA has recommended and may become a rule of PRCA to pay the individual contestants the same purse in the future. The ramifications of a medium rodeo RECORD OF PROCEEDINGS Town Board Study Session — September 27, 2011 — Page 5 classification include the following: a purse equal to or greater than 17% of sales (2011 sales $135,000 with a purse of $23,600 meeting the requirement); increase financial commitment by the Town for an increased purse and stock fees; and a mid -sized category would offer additional revenue potential from ticket sales and additional sponsorships. The rodeo committee has proposed an increase in purse size to $32,000 ($4,000 per contestant). The Town's current stock contract includes an annual increase; however, staff is recommending an $8,000 increase to cover the cost of additional stock for the anticipated increase in cowboy participation in the rodeo. The mid -size classification should bring higher quality and better -know contestants, increased attendance, increased visibility and more sponsorship funding. Board discussion followed: questioned if the Town needs to do more because the rodeo has already made it within the top five of the medium category; discussed the need to stay within the category; questioned if the rodeo committee plans to do anything to offset the increased purse required to maintain the medium -size category; asked what the long term implications would be to remaining a medium category, i.e. increased costs year -over -year; and the Board requested the item be discussed further during the budget process. SCHOOL BOARD UPDATE ON BALLOT ISSUE Linda Chapman/Superintendent and school staff reviewed the School District's November ballot Issue 3B that would raise $750;000/year and would sunset in three years. The Park R-3 school district has received decreasing state funding over the past several years and as of 2.009 funding was809 less Lien the national average per student. Without the funding from 3B the distract would need to begin cutting programs. The District maintains a strong school system helps to attract individuals to the community, and is essential for `sustainability. The annual increase would be approximately $44/annually for a home valued at $335, There being no further ayor Ptnkham adjourned the meeting at 6:45 p.m. Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment September 13, 2011, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Wayne Newsom, Members Bob McCreery, John Lynch, Chuck Levine, and Pete Smith; Alternate Member Jeff Moreau Attending: Vice -Chair McCreery, Members Lynch, Smith, Alternate Moreau Also Attending: Director Chilcott, Recording Secretary Thompson, Town Attorney Greg White Absent: Chair Newsom, Member Levine Vice -Chair McCreery called the meeting to order at 9:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. PUBLIC COMMENT None. 2. CONSENT A. Approval of minutes of the June 7, 2011 meeting. It was moved and seconded (Smith/Moreau) to approve the Consent Agenda as presented and the motion passed 4-0 with one absent. 3. METES AND BOUNDS PARCEL, 1051 SUTTON LANE Director Chilcott reviewed the staff report. The applicant requests 12-foot encroachment into the 25-foot side setback to construct a proposed attached garage. The property is zoned E-1 Estate, which requires 25-foot setbacks. The lot is long and narrow, and is undersized for the zoning district. With 25-foot setbacks on either side, building space is limited. The application was routed to affected agencies and adjacent property owners and staff received no opposition to the request. One adjacent property owner called in support of the variance. Staff found that the variance request complied with the review criteria in the Estes Valley Development Code (EVDC). Staff found that special circumstances exist and practical difficulty may result from strict compliance with the code. Staff recommended approval of the variance request, with two conditions, listed below. Staff Discussion None. Public Comment Sara Klieber/Owner stated her desire for an attached garage. Conditions 1. Compliance with the site plan and building design, as approved by the Board of Adjustment. 2. Setback Certificate. Prior to final inspection, a registered land surveyor shall provide to the Community Development Department a signed and stamped certificate that specifically verifies that the structure complies with the approved variance, and shall include a specific reference to the distance to property lines. Staff recommends a surveyor set survey stakes for foundation forms to ensure compliance with the approved variance. It was moved and seconded (Lynch/Moreau) to approve the variance request with the findings and conditions recommended by staff and the motion passed 4-0 with one absent. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 September 13, 2011 4. METES AND BOUNDS PARCEL, 1810 WINDHAM LANE, APPEAL OF STAFF DECISION Director Chilcott reviewed the staff report. The applicant submitted an application for zoning approval for an accessory structure, and on August 17, 2011, staff determined the proposed structure was a detached accessory dwelling unit (ADU). According to staff interpretation, the structure was not clearly incidental and customarily found in connection with the principal use. Staff reviewed the overall design of the structure and determined a household could live independently in the building. Per the EVDC, the size of the lot (3.1 acres) was not sufficient for an ADU in the RE -Rural Estate zone district (3.33 acres required). Director Chilcott stated attached ADUs are allowed in the Estes Valley on Tots that are 1.33 times the minimum lot size for the zone district, while detached ADUs are not allowed. Director Chilcott reviewed the plans for the proposed structure, stating it had all the components of an ADU. There was an existing dwelling unit on the property, and staff determined this proposed structure was not a usual and customary use, as described in the EVDC. She explained the property owner does have other options, such as an additional attached living area with an accessory kitchen, provided it was deed restricted. She stated staff's decision was reviewed by Town Attorney White. Public Comment Betty Nickel/Applicant stated the structure was designed as detached because the existing dwelling already lies within the setback and a detached unit was the best design for the narrow, difficult lot. The property owners wanted to keep the rock outcroppings and stay out of the view corridor of the neighbors. Mrs. Nickel stated ADUs have been an issue for several years. The code was amended to allow accessory kitchens, of which the definition stated must have a cooktop and an oven with either a 220V electric line or gas line. She stated the functions in this building are incidental to a single-family dwelling, and do not contain cooking facilities. It was her opinion that they met all the requirements of the code. Steve Nickel/Applicant disagreed with staff's referral to a 2006 decision to support their interpretation of the code. He did not agree with staff's determination that the proposed accessory structure was an accessory dwelling unit. Mr. Nickel mentioned the on -going and unresolved hearings by the Estes Valley Planning Commission concerning ADUs, and referred to amendments made to the EVDC concerning accessory kitchens. Discussion occurred among staff and the Board as to whether or not the incidental uses in the structure were typical, and about the process staff used to make the determination of the accessory dwelling unit. Director Chilcott stated the structure was looked at as a whole, and that the proposed structure was not typically found on a lot in the Estes Valley. Vice -Chair McCreery stated he could see both sides of the issue, and suggested tabling the item until the Planning Commission could establish guidelines for detached ADUs. Harold Haunschild/Property owner stated the topography of the lot made it impractical to add on to the existing dwelling. If they could, they would add all the proposed rooms to the existing dwelling. If the rules changed, he would probably not change the design of the proposed structure. He believed the application complied with the current code because there was not a kitchen included. Attorney White stated that staff reviews the overall design, and he agreed with staff that it was a dwelling unit. ADUs are not allowed in the Estes Valley. This was a policy decision approved by Town Board and the County Commissioners. He did not see a code amendment addressing detached ADUs in the near future, due to the controversial and complicated nature of the issue. Attorney White explained the Board of Adjustment did not have the ability to grant a use variance. The Board could find that the proposed design is a structure and not an accessory dwelling unit, which would be a finding against the staff decision. As a structure, the Board would have to find that it is a clearly customary and incidental use. That finding could be based on the absence of a full kitchen. Comments were made that the building has numerous uses, and the overall impact seems to be more than incidental. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment September 13, 2011 More discussion occurred among staff, the Board, and the applicants as to what constituted an accessory dwelling unit, the labeling on the plans, the consequences that could occur if the property is sold, and enforcement of the use once the structure is built. Mr. Haunschild stated his willingness to remove the kitchenette, while maintaining his belief that the structure complied with the current code. Attorney White stated a 2-2 vote would uphold the staff decision. The applicants could resubmit a new plan to staff at any time, based upon the decision of the Board. Any decision would be based on the submitted application. Attorney White stated the applicant also has further rights of appeal, with district court being the next step. Mrs. Nickel expressed her opinion that the property owner's right would be compromised if they were not allowed to build the structure. Director Chilcott offered the option of continuing the application to allow the applicant to resubmit a new design without the kitchenette, if the applicant chooses to do so. If the cooking facilities were removed, staff would most likely determine the structure did not contain all the components necessary for an accessory dwelling unit. Member Lynch asked Mrs. Nickel to read the last two paragraphs of her letter to staff dated September 2, 2011 (included with staff report). The applicants believe staff is struggling with a code issue they should not have to interpret, and would like the governing bodies to make clear decisions concerning accessory structures and accessory dwelling units. Member Lynch agreed with her comments. Attorney White stated a motion to continue would allow the applicant time to remove the kitchenette from the project, and adjust other designs. They could also choose to leave the design as is and continue with the appeal and variance request as originally submitted. He reminded the Board that they need to look at how the current land use code applies to the application, and base their decision on the facts at hand. He agreed that this part of the code is very difficult for staff and applicants alike. Vice -Chair McCreery and Member Lynch were supportive of the applicant. Vice -Chair McCreery stated his desire to speak to the Planning Commission about this "one size fits all" issue. It was moved and seconded (Lynch/Moreau) to continue the appeal decision and the variance request until the next regularly scheduled meeting and the motion passed 4-0 with one absent. There being no further business, Vice -Chair McCreery adjourned the meeting at 10:24 a.m. Bob McCreery, Vice -Chair Karen Thompson, Recording Secretary a 0(1) "z; 14-1 va a)�E a) A-. w as as (/) L cpI— = IL. L �Q a) ol co ,a > E. cn a a) co (1) cl. w i Original Message From: Town of Estes Park,Colorado [mailto:info@estesnet.com] Sent: Sunday, October 02, 2011 3:03 PM To: info@estesnet.com Subject: Town Web's Feedback Form ******************************************************************************* Name: james W. Tawney PhysicalAddress: 1820 Fall River Road MailingAddress: 1820 Fall River Road City: Estes Park State: CO Zip: 80517 Phone: 970 214 6811 Email: jtawney513@aol.com Remote Name: 74.211.57.58 Date: Sunday, October 02, 2011 Time: 03:03:17 PM Comment: Topics: The July 12th meeting, The Town Administrator Contract, The upcoming budget process: Note: this contains no information about the performance of the current administrator; my personal view of town salaries is: this is a small town, I think any town employee paid over $75,000 per year is grossly overpaid. The July 12 meeting: watched from home; like others it appeared that a movement to rush through the administrator's contract was intended -and not everyone on the board agreed.Though this is old news now, it left a definite impression on those who pay attention to such things. The town administrator's contract. The terms of the contract should be made public: that is, the salary, the percs, etc. Also, in general terms, the method of evaluation should also be made public. For much of the time I've lived here, the TA has been fairly invisible. If a search for a new administrator is the outcome of the current process, two factors should be considered: in this current recession like economy, there is a large pool of downsized executives for whom a modest salary is preferable to no salary at all; again, as a long time resident, I have faulted previous boards whose rationale for the TA salary has been: we must pay so much to attract candidates as we compete with other cities. Times have changed and Estes Park is not an equivalent position to the urban municipalities. The upcoming budget process: As we confront perhaps 8 years of a recession like economy, looking at the budget crises in surrounding communities, it is time to begin to downsize the town budget. Looking at position creep over the last 10 years, factoring in positions that have been moved to other entities (fire department, LMD) it appears that there has been substantial "position creep". (Those on the board at the time experienced my outraged comments about the addition of a public relations position during this down economy). It is time for the town board to take a proactive stance with regard to the budget: That is, begin with a policy that the budget be reduced by 5-10 per cent. In this economy, ..everybody pays", lodge owners reduce rates to accommodate the families suffering from the economy. We are in a time when you do more for less. So, with regard to staff salaries, what choices might you consider: reduced positions, salary freezes* rolling unpaid days off, as in Denver. The same analysis should be conducted on all budget categories, and all departments, including the police department. I hope that the board takes these recommendations seriously. At the beginning of Mayor Pinkham's tenure, he encouraged community wide dialogue on the "what to do when times get tough" scenario. We've experienced these since 2008 and economists have suggested we have another 4-5 years ahead of us. /�. October 11, 2011 To: The Town of Estes Park Board of Trustees From: The Estes Park Local Marketing District Regarding: Budget Request Consideration The Estes Park Local Marketing District hereby requests an investment by the Town of Estes Park for direct marketing, advertising and promotion of the Estes Park Area in the amount of $175,000. We also request that consideration be given to establishing a non -binding commitment of 2.5% of Sales Tax Revenues in future year to allow the Local Marketing District the ability to better project income sources in future budgets. Budget Request Rational 1. Tourism is the industry of Estes Park. 2. Maintenance and growth of the Sales Tax base generated by Tourism requires marketing and promotion of the area. 3. The Local Marketing District's Destination Marketing Team and key strategic partners have demonstrated the skills and understanding of appropriate tools and techniques to maximize the utilization of available funds to promote the area and attract tourism. 4. Destination Marketing Studies indicate that at a minimum the Investment of $1.00 in Direct Marketing returns $20.00 in Sales Tax Dollars. We do not have the tools to project the ROI in Estes Park at this time but feel confident that this is a minimum return in our regard. 5. The State of Colorado Tourism Budget has recently again been cut. 6. The Local Marketing District relies on one Sales Tax base that being a 2% Accommodations Tax within the district. 7. The town of Estes Park currently benefits from a 4% Sales Tax on Accommodations within the Town as well as the same tax on retail, restaurant and grocery within the Town. 8. The Local Marketing District is currently making significant investments in developing the "intellectual capital" necessary for us to be the premier Destination Marketing Organization that Estes Park Deserves. These areas include research, the development of a new website and the destination branding program. 9. If pressed to cut marketing spending the LMD would likely need to address those areas that do not directly effect accommodations spending in order to best maintain our income source. IEstes Park Local Marketing District 0 2 J Budget 2012 Town Invest $0- 1, 291,131 210,000 175,000 0 0 ri m l0 1� l0 rj iA b m r� N Ln In. $527,437 I $1,470,058 1 Ln 0) v 0) 0) ri i/} Ln 0) •tt b 0) 0) c-i i? C co m r•i N m. i/} v 0 i/} 0 i/i t L0 m e-1 N m id} v s lLIDO m e-1 N oo i? o o o 0 in i/} u', N rn ai Ln in. _.. LMD Budget 2012 00 C CC Q. 0 f6 d in M ."1 0) N ri 210,000 ??? O O LIET'tos'T$ J m V N VT r $527,437 8S0`S6Z'I$ $1,822,495 $1,822,495 -.M NN VI-cn so so m �. m N O O O N l0 Ln i/} LMD Projected o N 0 i/} 1,272,050 252,000 128,985 0 0 Ln m o '.-{ ri in ri N m O i/} .-1 N CO O i/} $1,521,792 M ri .-1 0 N i/} ETT'tZ0'Z$ 00 N. 0 m O i/} O i/}. 00 0 m N O r-1 i/}. ct l0 m N co O i/} m N ce /} C J 1 Budget ai 0 N 0 0 O N Q) e-1 0 Ln O N N ri 250,000 128,985 O 0 In m O 00 CO ri i/} .-i N M N O Ln if} r1 N M N O II in C ci ct 01 e-1 N .-I in to M n .-I N N N I.O. $2,221,735 O 0 m M O in O i/} O 0 N m 1, m N V' Ct N' 0) .-I r-1 i/} $818,742 1 N Ln Lc) '.0 LO i/} co J Actual 2010 $196,985 1,235,000 O O O O $1,431,985 0 O co" 0 0 co" 1 $1,432,577 N Ii) V ,is in- N Ir 1 '- ri in- N col Ln co, N Ln N O M� N ri i/} $1,146,844 $43,817 LMD Actual 2009 N ct 00 Cr)LO N •--i N I 0 N r-1 e-I r-I e--I M L Total Revenues JI 984,269 T $1,258,477 n N r-1 i/} N N ri i/} Operations & Maintenance $0 $79,913 O 0 00 in O 0 00 i/} I $1,175,437 -I so 1 O L} I $1,175,437 I O i/} n M •ct n r-I in ti Ol Tr- VI.ill-r Z O H cn 0 CV Revenues Intergovernmental (Visitor Guide) Stakeholder Services 1 [Town of Estes Park Marketing Investment � $984,269 L Investment I1 (Expenses Personnel Services -Town $149,105 Personnel Services- LMD IL Total Personnel Expenses $149,105- Total Current Expenses [ $o] Total Expenses II $149,1051 Excess (deficiency) of revenues over II $835,1641 expenditures Other financing sources (transfers in) II $0 Other financing uses (transfers out) $0 Increase (decrease) in fund balance II $835,164 I Beginning Fund balance IIN/A Ending Fund balance N/A iI RESTRICTIONS r TABOR Reserve: 3% of expenditures 11 2009 THRU 2012 L x F•- ea °N d 5 RESOLUTION # 12-11 WHEREAS, the Estes Park Local Marketing District has filed with the Town Clerk the Estes Park Local Marketing Business and Operating Plan for 2012 along with its proposed budget for the 2012 calendar year; and WHEREAS, pursuant to Section 29-25-110 C.R.S. and the applicable provision of the Intergovernmental Agreement dated August 26, 2008, between the Town of Estes Park and the Board of County Commissioners, Larimer County, the Town Board shall approve or disapprove the Operating Plan within thirty (30) days after receipt of said Plan, the proposed budget and all additional documentation requested by the Town; and WHEREAS, the Town Board has reviewed the Operating Plan and proposed budget and has determined that the Operating Plan will provide efficient and cost effective marketing and promotion services for the Estes Park Local Marketing District Service Area. NOW, THEREFORE, BASED UPON THE RECITALS SET FORTH ABOVE WHICH ARE INCORPORATED HEREIN BY REFERENCE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: 1. The Estes Park Local Marketing District Business and Operating Plan for 2012 as filed with the Town Clerk is hereby approved. Dated this , 2011. ATTEST: Mayor Town Clerk STINATIC)N AI l< .�Y1INC ANIZAHON LOCAL MARKETING DISTRICT September 30, 2011 Mayor Pinkham and Estes Park Board of Trustees PO box 1200 Estes Park, Co 80517 Dear Mayor Pinkham and Estes Park Board of Trustees: The Estes Park Local Marketing District Board is pleased to submit our 2012 Operating Plan for The Town of Estes Park Board of Trustees review and approval. A duplicate copy has also been submitted to the Larimer County Board of County Commissioners. Peggy Campbell (Executive Director), Scott Webermeier and I will plan on making ourselves available should there be any questions regarding the Operating Plan and Budget. We have submitted a print copy of the plan and also emailed our Operating Plan to Town Administrator, Jacquie Halburnt. We look forward to receiving your support! A solid partnership with the Town of Estes Park and Larimer County is paramount to our ongoing success. Please feel free to contact me directly or any of our Board members should you have any questions. Sincerely, Cory Blackman — Estes Park LMD Chairperson Estes Park Local Marketing District Board of Directors: Bill Almond - Vice Chairperson Scott Webermeier —Secretary/Treasurer Lindsay Lamson Chris Wood Kathy Palmeri Lee Lasson ESTES PARK ESTINATION • - I KEYING LOCAL MARKETING DISTRICT Estes Park Local Marketing District 2012 Operating Plan September 2011 The Local Marketing District (LMD) Model According to Colorado State Statute, the Local Marketing District may provide any of the following services within the district: Organization, promotion, marketing, and management of public events; Activities in support of business recruitment, management, and development; Coordinating tourism promotion activities. (II) No revenue collected from the marketing and promotion tax levied under section 29-25-112 may be used for any capital expenditures, with the exception of tourist information centers. (f) To have the management, control, and supervision of all the business and affairs of the district and of the operation of district services therein; (g) To appoint an advisory board of owners of property within the boundaries of the district and provide for the duties and functions thereof; (h) To hire employees or retain agents, engineers, consultants, attorneys, and accountants; (i) To adopt and amend bylaws not in conflict with the constitution and laws of the state or with the ordinances of the local government affected for carrying on the business, objectives, and affairs of the board and of the district; and (j) To exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this article. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article. Estes Park LMD Overview The Estes Park Local Marketing District is organized by Intergovernmental Agreements (IGA's) between the LMD and the Town of Estes Park and the LMD and Larimer County. The purpose is to proactively market the Estes Park area, resulting in the positive economic impact of visitor dollars. The formation of the Local Marketing District and the 2% lodging tax were approved by District voters in November 2008 and lodging tax collections went into effect on January 1, 2009. Funding for the district continues to be provided via the 2% lodging tax which is collected by lodging properties from their guests for stays of less than 30 days. This tax is collected by lodging establishments and remitted to the Colorado Department of Revenue on a quarterly basis and then distributed to the Estes Park LMD. LMD 2% lodging tax collections were $1,250,623 in 2010. Estimates for 2011 are too early to accurately forecast as only the 1st and 2nd Quarter's distributions have been received. The first two quarters of 2011 saw a 1.5% increase over the same period in 2010. Third quarter lodging tax, which represents our high Estes Park Local Marketing District - 2012 Operating Plan Page 2 summer season, will be received by the State on or around November 15, 2011, at which time 2012 revenue forecasts will be more reliable. A seven (7) Member Board is appointed with five (5) members appointed by the Town of Estes Park Board of Trustees and two (2) by Larimer County Board of County Commissioners. The LMD will continue to use existing CVB Operational Policies. Changes required to the policies will be brought to the LMD Board for review and/or possible action. The Destination Marketing Organization (DMO), the functional name of the LMD, continues to work closely with Visitor Services and Events, both of which are funded and managed by the Town of Estes Park. The three areas continue to operate under the umbrella of the Estes Park Convention & Visitors Bureau. Estes Park Local Marketing District - 2012 Operating Plan Page 3 Estes Park LMD Organizational Structure Key Players • Local Marketing District Board of Directors (7 Members) • DMO Staff • Town of Estes Park government officials • Town of Estes Park staff, particularly Visitor Services and Events • Rocky Mountain National Park Liaison Organization The LMD Board focuses direction directly to the Executive Director of the LMD Staff. All LMD Board direction will be focused through the Executive Director, other than ordinary involvement in committees, in order to keep reporting direct and focused without confusion. We believe this is very important to keep individual agendas from getting involved in the direct line of reporting and direction that could cause confusion. Any necessary communication and direction to be given to the Executive Director during periods between Board meetings will be handled by the LMD Chairman with a follow-up summary to the entire Board. In the absence or incapacitation of the Chairman, this responsibility will be handled by the Vice Chairman. LMD Board of Directors Cory Blackman, Chairman — Best Western Bill Almond, Vice -Chair - YMCA Plus Silver Saddle Scott Webermeier, Secretary/Treasurer — Kathy Palmeri — YOGI Bear Campground National Park Village Lindsay Lamson — Rocky Mountain Resorts Lee Lasson — Front Desk Consulting Chris Wood- McGregor Mountain Lodge DMO Staff Peggy Campbell, Executive Director Suzy Blackhurst, Communications & Public Relations Peter Marsh, Advertising Kirby Nelson, Stakeholder Sales & Services Mike Oline, Administrative Assistant TBD, Group Sales & Services Estes Park Local Marketing District - 2012 Operating Plan Page 4 Estes Park LMD Mission, Vision, Core Values Mission: Attract visitors to the District through effective and efficient marketing in order to drive year-round economic growth. Vision: To be a year-round tourism and group destination that supports our healthy mountain community with a balance of financial success, memorable experiences for visitors and quality of life for our residents and employees. Core Values: • Accountable • Ethical • Proactive • Respectful • Responsive • Transparent 2011 Operating Plan Highlights In our second year of full operation, the Estes Park Destination Marketing Organization (DMO), the functional name of the LMD, continues to track well to our 2011 Operating Plan. Beginning January 1, 2011, to improve transparency, the LMD and the Town of Estes Park implemented significant financial changes in 2011. Unlike 2010, when the Town of Estes Park funded salaries and benefits for the four employees transferred from Town of Estes Park staff to LMD staff (about $364,475), the LMD fully funded all employees in 2011. In addition, the LMD paid the Town of Estes Park for rent in the Visitor Center, payroll processing,'/2 FTE for Visitor Services staff support, IT support, and other misc. expenses such as property / liability insurance coverage, printer costs, etc. In 2011, the LMD will have paid the Town approximately $62,239 in rent, payroll processing, Visitor Services staff support, and IT support. Since the LMD is responsible for generating and supporting stakeholder sales and services, the LMD began to receive the revenue associated with those services effective January 1, 2011. Marketing and advertising services available to district businesses include website listings, Visitor Center brochure rack display, group services, and leads, among others. This represents approximately $250,000 in revenue. However, DMO stakeholder participation fees for out of Town but within District lodging properties will be reduced in 2012, and as a result, revenue will decline by about $30,000. In 2011, the Town of Estes Park, recognizing the importance of tourism to the local economy and Town sales tax revenue, committed to a marketing investment of $128,985 to support LMD efforts. This investment enhanced the DMO's ability to provide exceptional destination marketing services, which in turn directly affects the Town's sales tax collections. Town of Estes Estes Park Local Marketing District - 2012 Operating Plan Page 5 Park 2012 marketing investment in support of DMO efforts has not been determined as of this writing, but is expected in early October. LMD emergency reserve funds remained at $500,000 as planned. The LMD Board continues to believe that it is important to set aside this amount not only in case of emergency, but also if needed to cover first and second quarter expenses which are inherently high versus our income stream during the same time which is inherently low. Due to the seasonal nature of tourism in Estes Park, our income stream peaks in November when we receive the third quarter lodging tax collections. We continued to staff the DMO with six employees and as the 2011 Operating Plan indicated, we did convert a part time seasonal position to a full time employee position. The Executive Director continues to report directly to the Estes Park LMD Board and directs the DMO Staff. 2011 Marketing Plan YTD Highlights Under the leadership of Executive Director, Peggy Campbell, the DMO is tracking well to our 2011 Operating Plan and 2011 Marketing Plan. As indicated in the 2011 Operating Plan and Marketing Plan, we continue to partner closely with industry experts. Key strategic partners include Hill Aevium, Advertising Agency; Pace Communications, 2012 Official Visitor Guide Publisher; Guest Research, Visitor Study; Turner PR, Public Relations; and BrandStrategy, Destination Branding. Key accomplishments to date include: • Developed an integrated Estes Park Marketing Plan. Extended goals and objectives into strategies and tactics for each DMO department. • Established and tracking of key Estes Park tourism indicators to monitor trends and shift direction when appropriate. • Significantly expanded creative assets portfolio including two new high definition television commercials and extensive portfolio of new photography. • Completed year-round Visitor Survey research project yielding 7,622 completed surveys. Expanded survey through February 2011 to ensure even deeper off-season data. • Initiated all new interim advertising creative, creating a bridge between the existing creative and the new branding effort in 2012. New creative reflects the key positioning points acquired in the 2010-2011 visitor survey research study. Elevated the design standards to reach the target markets more effectively. Effort includes print ads, event posters, intemet banner ads, social media, email marketing, and group sales proposal templates. • Expanded the social media presence with branded Facebook, You Tube Channel, and Flickr. New Facebook promotion (Rooftop Rodeo) was implemented to strategically grow the fan base and create additional visitor loyalty. • Developed and executed an RFP for a destination branding company. The branding company has been selected and the research phase of the project is in process. Branding will continue through 2012. Estes Park Local Marketing District - 2012 Operating Plan Page 6 • Redirected the 2011 media mix due to the findings of the Guest Research Visitor study. Increased the ratio of digital to print/broadcast mix by 10% over 2010 (35% digital in 2011). Expect to increase digital ratio again in 2012. • Developed and executed an RFP for a new Visitor Guide publisher. New publisher was selected and major redesign of the 2012 Official Estes Park Visitor Guide is in the process of being finalized. This is the first change in the annual publication in six years. The new look and feel reflects current trends in destination visitor guides and better represents the Estes Park experience. • Developed and executed an RFP for Visitor Guide fulfillment services and a vendor has been selected. This will result in a significant improvement to the entire process including Visitor Guide delivery and more streamlined operations (on-line). This will be the first change to our fulfillment house in sixteen years. • Created a more targeted group sales effort focusing on the `low hanging fruit' of weddings and reunions while expanding awareness and reach to the SMERF (Social, Military, Educational, Religious, Fraternal), corporate and association markets. 2012 LMD Operational Plan The DMO staff is in need of additional office space. The LMD Board felt that keeping the marketing arm of the CVB in the Visitor Center was important and requested Town Board consider renovating the second floor of the Visitor Center to accommodate LMD staff. The Town Board of Trustees, considered this request, along with Town' staff presentation regarding the town -owned Visitor Center facility, and learned that Visitor Services and public space also have space challenges due to the increase in visitor traffic to the building. This, among other reasons such as the significant costs associated with the renovation, caused the Town Board to deny the LMD's request to renovate the second floor of the Visitor Center. The DMO staff, which had already been researching office space options outside of the Visitor Center, are preparing for the relocation. In 2011, funding for payroll and benefits for all DMO Staff Members transferred from the Town of Estes Park to the LMD. This will continue, and in addition, as envisioned by the Town of Estes Park and the LMD, LMD staff will fully transition from Town of Estes Park to becoming employees of the LMD. LMD managed HR services for LMD staff, including a new employee handbook, will be in effect January 1, 2012. Through an expected revised 2012 Town of Estes Park/LMD IGA, LMD employees will continue uninterrupted participation in, and be eligible for, all Town of Estes Park benefits. Currently, the LMD Board intends to operate the plan with the 6 employees plus the hiring of extemal firms as necessary to enhance certain areas. Group Sales and Services recently became an open position and is being managed by a temporary staff person until such time as the position is reevaluated and posted. Major changes to the Group Sales effort are not expected. Estes Park Local Marketing District - 2012 Operating Plan Page 7 2012 LMD Marketing Plan The marketing plans developed in our first two years of operation proved to have laid a solid and successful foundation for current and future destination marketing efforts. The 2010 Marketing Plan developed by Hannah Marketing and the 2011-2012 Marketing Plan developed by the DMO team will continue to serve us well as our road to destination marketing excellence. Marketing Strategies We will focus our 2012 Marketing strategy on the original path outlined by the CVB Assessment and the 2011 Marketing Plan. The changes for 2012 are in two key areas - branding and interactive. The destination branding effort which began in 2011 will be completed and all advertising materials will be modified to complement the new brand. The website, now seven years old, will be scrapped and a new website will be developed which will embrace the new branding along with the latest in technology and mobile readiness. The 2012 media allocation will capitalize on 2011 successes and continue the shift towards electronic media from traditional media with a primary focus on the ovemight visitor. Goals and objectives from the 2011 plan will also be updated. Tracking and reporting will continue for each marketing initiative using research, goal setting and conversion analytics. Group sales and services efforts will continue to focus on the meetings, weddings and reunion market with research being commissioned to determine the viability of the corporate market. Public Relations will focus on identifying the unique story ideas to support the effort of attracting more overnight visitors. Research in 2012 will include a comprehensive conversion study. 2012 Media Plan Synopsis Hill Aevium was retained to complete the research and development of the 2012 media plan for the Local Marketing District. Following is a brief overview of the strategies and tactics associated with the plan and some additional thoughts relating to promotional and branding efforts that will deployed to enhance the plan during the 2012 year. Integrated Marketing Effort The advertising plan developed for the Estes Park DMO is not meant to be a static or singular document. It was developed as part of a larger integrated effort being implemented by the Estes Park DMO that includes: • Public Relations • Promotions • Email marketing • Social Networking and Blogging • Search Engine Optimization Estes Park Local Marketing District - 2012 Operating Plan Page 8 • Stakeholder communication • , Direct Sales • Research • Tracking and reporting Adjustments will be made during the year as market demands or conditions change. Tracking and reporting will utilize Google Analytics as well as 800 number calls, visitor inquiries, click through rates, impressions and a series of vanity URL's. Landing pages will be created where appropriate to further assist with tracking. The Guest Research, Inc. Visitor Study has again been used as the basis for the media decisions. The Visitor Study now includes 13 months, providing even more information on shoulder and winter seasonal attributes. Using Research to Drive Media Selection Who Is Coming to Estes Park and Why? The most recent data from Guest Research, Inc. indicates that 63% of visitors to Estes Park are staying overnight. Day visitors make up only 37%. On average overnight visitors spend $500- $860 per day depending on the season, vs. the day visitor's daily spend of $83-$102. 43% of all visitors are from Colorado. Rocky Mountain National Park and a relaxing mountain getaway trade one and two positions as the reason most visitors come to Estes Park. This is followed by wildlife viewing, outdoor recreation and low cost/good value. Primary Target Demographics The largest visitor age group ranges between 45 and 54 years of age. Average household income is $110,000-$149,000 and the majority of people in this group are married and have children. Per the most recent Guest Research, Inc. results, 26% of people in this group did not have children, 39% had children at home, and 35% have children that no longer live at home. Travel Party indicated 43% were couples and 54% were families. This changes dramatically by season These people are highly educated with 84% having a college degree or post -graduate degrees. They are coming to Estes Park from CO, TX, NE, KS, MI, IL, IA and CA A large percentage of these people are staying overnight in Estes Park. Seasonally We now have the data to look at the makeup of the visitor by season in Estes Park. Note that due to multiple answers to the same question, e.g., who were you traveling with?, certain questions may not result in 100% total. Estes Park Local Marketing District - 2012 Operating Plan Page 9 The Summer day and overnight visitors are age 45-54 with a tie for second at 38-44 and 55-63. 60% are Families (3-10) and 59% are Individuals/couples (1-2). The Fall day visitor is 45-54, with overnight visitor in the 55-63 age group. 59% are Couples (1- 2) and 46% are Families (3-10). • The Winter day and ovemight visitors are age 45-54 with a close second place of 55-63. The travel party status shifts even more to the Individual/couples with 64% and Families at 43%. Group Target Demographics The Group audience for Estes Park comes primarily from the Front Range and drives to Estes Park. Media Objectives for 2012 • Increase overnight stays while maintaining traffic from day visitors • Increase overnight stays from within Colorado • Increase conversion of Visitor Guide inquiries • Increase website visitation • Increase group business from Front Range drive market • Increase percentage of "new" visitation • Expand email database Media Strategy • Eliminate publications that did not perform in 2011 while re -investing in publications that focus more directly on the 2012 target audience. • Target Families in the Spring and Summer / April - July • Target Empty Nesters in the Fall and Winter / August — March • Increase media spend in Colorado to target overnight visitors • Maintain online investment that will drive decision makers to the Estes Park website as well as increase the email database. • Allocate budget for Group business focusing on government and association meetings/retreats, corporate meetings market, SMERF primarily social, e.g., weddings and reunions. Estes Park Local Marketing District - 2012 Operating Plan Page 10 45% 40% 35% 30% 25% 20% 15% 10% 55% 0% $180,180 Media Breakdown by Year 2010 2011 2012 Magazine Newspaper -Radio/TV OnlinefPPC/SEO 2012 Media Spend By Medium $72 289 $25,000 $33,340 $75,811 $335,713 Magazine 41 % wa Newspaper 9% Radio 4% TV 11 % m Online 22% PPC 10% SEO 3% Estes Park Local Marketing District - 2012 Operating Plan Page 11 Traditional Media by Day Visitor vs.Overniht Visitor Day Visitor 2011 2012 Newspaper 16% 9% Radio 6% 7% Broadcast 13% 9% Total 0/0 of Budget 3 5 Wo 2 5 Wo Overnight Visitor 2011 2012 Magazine 65% 60% Newspaper 7 Broadcast Total % of Budget 65% 75% Estes Park Local Marketing District - 2012 Operating Plan Page 12 2012 Budget Since its inception, the LMD Board has endeavored to continue to support and grow all of the marketing activities previously funded by the Town of Estes Park with the desire to be supportive of all of our stakeholders. In addition, the Board has recognized the need to build the "intellectual capital" necessary for us to be the premier Destination Marketing Organization that Estes Park deserves. Investments in these areas include research, the development of a new website, the hiring of a new creative advertising agency, the hiring of a Public Relations firm and the destination branding program. The financial benefit of these investments will not always be immediately apparent. Conceptually we have paid for these investments out of the original fund balance that we received at our inception. In addition to these investments we have moved to be a more transparent and self sufficient organization by assuming all of our payroll and now moving to office facilities outside of the Visitor Center, both of these areas have been supported by the Town of Estes Park. We have also continued to set aside $500,000 as a fixed Emergency Reserve which if not used will again roll into the ending fund balance. In evaluating our efforts it has become increasingly apparent that in order for us to continue the work at hand we must grow our revenue source, that being accommodations tax income. This priority may ultimately be at odds with our original proposition of carrying forward many of the programs that do not directly enhance accommodations revenue. In 2011 the Town of Estes Park invested in the marketing of Estes Park through efforts of the marketing district and we are currently discussing a similar investment in 2012 hence the income item noted as Town of Estes Park Investment has been left "to be determined". Without a clear indication of this investment from the town we felt it wise not to commit to specific details in this budget presentation as were provided in previous operating plans. Tabor Reserve is noted as a restriction on our spending capacity. Estes Park Local Marketing District - 2012 Operating Plan Page 13 2012 Budget - Annual Operating► Plan (September 30, 2011) Budget Projected Budget 2011 2011 2012 Revenues Intergovernmental (Visitor Guide) $197,000 $0 $0 2% Tax 1,272,050 1,272,050 1,291,131 Stakeholder Services 250,000 252,000 210,000 Town of Estes Park Marketing Investment 128,985 128,985 ?? Other 0 0 0 Investment 0 0 0 Total Revenues Expenses Personnel Services Operations & Maintenance Total Current Expenses Total Expenses Excess (deficiency) of revenues over expenditures Other financing sources (transfers in) Other financing uses (transfers out) Increase (decrease) in fund balance Beginning Fund balance Ending Fund balance $1,848,035 $1,653,035 $1,501,131 $502,321 $502,321 $527,437 502,321 502,321 527,437 1,719,414 1,521, 792 1,295,058 2,221,735 2,024,113 1,822,495 $2,221,735 $2,024,113 $1,822,495 ($373,700) ($371,078) ($321,364) 0 0 0 (373,700) (371,078) (321,364) 1,192,442 1,192,442 821,364 $818,742 $821,364 $500,000 RESTRICTIONS TABOR Reserve: 3% of expenditures $66,652 $60,723 $54,675 Future - To be determined Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt TOWN or ESTES PARIc Administration From: Kate Rusch, Public Information Officer Date: October 11, 2011 RE: Citizen Survey Results Summary Background: This summer, the Town of Estes Park conducted a citizen survey using the National Citizen Survey (NCS) model. The NCS provides a statistically valid survey of resident opinions about the community and the services provided by local government. Use of the NCS provides the Town with a customized, yet uniform, survey tool used by more than 500 local jurisdictions across the country. This allows benchmarking with future Town survey results, as well as benchmarking with other communities to assess local satisfaction with the community and with government services. Specific uses of the results include monitoring trends in resident opinions, measuring government performance, and informing decisions on budget, land use and strategic planning. Survey results are posted on the News Desk at www.estes.orq. Methods and Response: The Estes Park Citizen Survey was administered by mail to a random sample of 1,200 households within Town limits beginning in late June of 2011. Of 1,067 valid addresses, 576 households responded with completed surveys, a response rate of 54%. Response rates in other communities typically range from 25% to 40%. Responses were weighted to reflect the demographic composition of the community. In August, the survey was posted to the Town's website and promoted to the general population for voluntary participation. The online survey was completed by 110 people. These non -scientific results were provided separately from the scientific results. Scientific Highlights: • 91 % said Estes Park is a good or excellent place to live. Page 1 • The majority rate Town employees as good or excellent in knowledge (89%), responsiveness (81 %), courtesy (91 %) and overall impression (83%). • 60% said that the town government does a good or excellent job at welcoming citizen involvement. • 48% said the overall direction that Estes Park is taking is good or excellent. • 76% said the overall quality of Town services was good or excellent. • Benchmark comparisons were available for most Town services ratings; of the 21 services for which comparisons were available, 14 were above the benchmark comparison, five were similar to the benchmark comparison and two were below. • Among the very highest individually rated services were: o Drinking water (much above national benchmark) o Town parks (much above national benchmark) o Estes Park Visitor Center (national benchmark not available) o Estes Park Senior Center (national benchmark not available) o Power (electric and/or gas) utility (much above national benchmark) o Estes Park Museum (national benchmark not available) o Snow removal (much above national benchmark) o Police services and crime prevention (much above national benchmark) o Fairgrounds/Special Events (national benchmark not available) • Services ranked lower include: o Economic development (much below national benchmark) o Land use, planning and zoning (below national benchmark) o Building permits (national benchmark not available) o Code enforcement (similar to national benchmark) o Street repair (similar to national benchmark) o Bus or transit services (similar to national benchmark) • Other services fall somewhere in between. Page 2 • Services most likely to influence overall ratings on the quality of Town services were identified in a "Key Driver Analysis." By targeting improvements in key services, the Town of Estes Park can focus on the services that have the greatest likelihood of influencing residents' opinions about overall service quality. o Police services (much above national benchmark) o Power utility (much above national benchmark) o Public information (similar to national benchmark) o Economic development (much below national benchmark) • Custom question results are reported on pages 56 and 57 of the scientific report. They address: o Importance of projects and issues faced by the Town, as well as willingness to pay additional taxes and/or fees to address the projects and issues. • The projects/issues ranking highest as essential or very important included maintaining/improving streets, preservation of open space, new affordable housing options and initiatives for economic development. o Support or opposition for reduction in specific services should the Town experience a budget shortfall. ■ Although there was not strong support for reduction in any specific services, the top two services were the Conference Center and Municipal/development code enforcement. Budget: N/A Staff Recommendation: N/A Sample Motion: N/A Page 3 501 MacGregor Avenue Estes Park, Colorado. 8�-05-17-7 = 77:-=--_— October 7, 2010 Honorable Mayor William Pinkham and the Estes Park Board of Trustees Town of Estes Park 170 MacGregor Avenue Estes Park, Colorado 80517 Dear Mayor Pinkham and Estes Park Trustees, The "Professional Background" information for Curt Gleaves in the Estes Park's Elkhorn Regional Tourism Project (Tab 12B, Page 2) states, "He was a Partner and Chief Financial Officer, Foster Pepper LLP, a law firm in Portland, Oregon where his practice for 27 years concentrated on corporate finance transactions. His clients included the Portland Trail Blazers in connection with their construction of the Rose Garden Arena as part of a public -private partnership with the City of Portland and the Metropolitan Exposition and. Recreation Commission." Because the Rose Garden Arena construction was part of a public -private partnership and the Town of Estes Park has submitted the Elkhorn Regional Tourism Project application to the State, I looked on the web for details of the Rose Garden project. I was surprised to see that the Rose Garden Arena project went bankrupt. It was taken over and run by the creditors for two years, and then purchased again by Paul Allen, owner of the Trailblazers. "The bankruptcy fling was widely criticized in the local media and. elsewhere." "Helen Jung, a reporter for The Oregonian described the affair as a game of "chicken" and as "bankruptcy as a business strategy, and noted Allen may have worsened his position by taking the arena into bankruptcy rather than offering a higher settlement." Other comments were unkind. You can check this information out (http://en.wikipedia.org/wiki/Rose Garden arena bankruptcy). My computer has taken out the underscore bars where spaces are shown in this website, so you may need to Google the Rose Garden Arena bankruptcy to find this information. Since Curt Gleaves was a Partner and Chief Financial Officer of Foster Pepper LLP during this time, I have serious concerns about his being the Secretary, Treasurer and. Director of the Elkhorn Project, Inc. Foster Pepper PLLP and Foster Pepper LLP terminated their affiliation. It is my understanding that Curt Gleaves is a consultant now for Roberts Kaplan, formerly Foster Pepper LLP, which is located in Portland, Oregon. Curt Gleaves is currently President and owner of Chapin Financial Management, LLC; a financial consulting firm in Estes Park. His business website gives 453 E. Wonderview Avenue, PMB 352, Estes Park, Colorado 80517 as his address. This street address is that of the United Postal Service in upper Stanley Village. It is my understanding that Mr. Gleaves works out of his home. Certified mail cannot be delivered to a postal mail box. His website gives an overview of his business, but other information categories have been Letter to Mayor Pinkham and E.P. Board of Trustees — October 7, 2011 P. 2 of 2 under construction for a very long time (i.e., Our Clients, Services, The Team, and Home). I do not know if there is cause for concern. After reading Estes Park's Elkhorn Regional Tourism Project application for RTA State of Colorado Funding; the Attachment to the Amended and Restated Articles of Incorporation, Elkhorn Project, Inc., A Colorado Non - Profit Corporation dated February 15, 2011; and the Memorandum of Understanding between the Town of Estes Park and Elkhorn Project, Inc.; I am more than just uncomfortable about the situation. I do not know whose responsibility it was to check out the details regarding the Elkhorn Project, but 1 hope you are already aware of my findings and can address my concerns. I believe it is essential for citizens to trust their elected officials to do what is ethical and right for their community. Respectfully yours, Johanna Darden Full -Time Resident of Estes Park October 7, 2011 To: Estes Park Board of Trustee Members: Eric Blackhurst, Mark Elrod, John Ericson, and Jerry Miller Town of Estes Park 170 MacGregor Avenue Estes Park, Colorado 80517 From: Johanna Darden 501 MacGregor Avenue Estes Park, Colorado 80517 In Re: Lease of Water Rights to the Elkhorn Project, Inc. Mayor William Pinkham's letter dated June 28, 2011 to the Office of Economic Development and International Trade in regard to Estes Park's Elkhorn Regional Tourism. Project states on page two, "The Town of Estes Park has agreed to supply water to the Elkhorn Project for snow -making at market price, ..." Was the authority to make this agreement approved by the Board after open discussion with the public at a regular meeting of the Estes Park Board of Trustees? On page 2 of the Memorandum. of Understanding, Number 5, it indicates, "EPI agrees to enter into a water rights lease with the Town on the terms set forth in Exhibit B of this MOU. ..." My understanding of this item is that if the Estes Park Board of Trustees approves this lease of Town water rights, the Board of EPI agrees as stated in the MOU to enter into the water rights lease. Does Mayor Pinkham's letter allow the lease of our water rights to EPI? Please enter this into the public record. Xc: Gregory White, Attorney for the Town of Estes Park 1-1 501 MacGregor Ave. Estes Park, CO October 7, 2011 Honorable Mayor William Pinkham The Estes Park Board of Trustees Estes Park, CO Dear Mayor and Trustees: I can well understand your tabling the matter of the repair of the MacGregor Avenue pavement, but I fail to understand why you think it is adequate to have the town staff report on the responsibility for the fiasco. If there is any validity to the statements in the memo of September 13, 2011 from Cornerstone Construction (addressed to you), then you are asking the town staff to investigate themselves. You cannot expect an unbiased, honest report. There should be a hearing with an independent investigator. If the hearing is not to be public, then there should be a public report containing at the very least answers to the following questions. Was the town staff the construction manager for the project, as Cornerstone claims? If so, who were the town staff members responsible for that management? What directions were given to the construction crews regarding deviations from the recommendations from Terracon for subgrade construction? Who gave those directions? Who managed the testing of compaction and concrete? If there were departures from contract provisions, who made the decisions to depart from the contracts? Respectfully, Bill J. Darden Please note that 11 corrected this letter date from October 7, 2010 to October 7, 2011 501 MacGregor Avenue Estes Park, Colorado 80517 October 7, 2011 ;-; Honorable Mayor William Pinkham and the Estes Park Board of Trustees Town of Estes Park 170 MacGregor Avenue Estes Park, Colorado 80517 Dear Mayor Pinkham and Estes Park Trustees, The "Professional Background" information for Curt Gleaves in the Estes Park's Elkhorn Regional Tourism Project (Tab 12B, Page 2) states, "He was a Partner and Chief Financial Officer, Foster Pepper LLP, a law firm in Portland, Oregon where his practice for 27 years concentrated on corporate finance transactions. His clients included the Portland Trail Blazers in connection with their construction of the Rose Garden Arena as part of a public -private partnership with the City of Portland and the Metropolitan Exposition and Recreation Commission." Because the Rose Garden Arena construction was part of a public -private partnership and the Town of Estes Park has submitted the Elkhorn Regional Tourism Project application to the State, I looked on the web for details of the Rose Garden project. I was surprised to see that the Rose Garden Arena project went bankrupt. It was taken over and run by the creditors for two years, and then purchased again by Paul Allen, owner of the Trailblazers. "The bankruptcy filing was widely criticized in the local media and elsewhere." "Helen Jung, a reporter for The Oregonian described the affair as a game of "chicken" and as "bankruptcy as a business strategy, and noted Allen may have worsened his position by taking the arena into bankruptcy rather than offering a higher settlement." Other comments were unkind. You can check this information out (http://en.wikipedia.org/wiki/Rose Garden arena bankruptcy). My computer has taken out the underscore bars where spaces are shown in this website, so you may need to Google the Rose Garden Arena bankruptcy to find this information. Since Curt Gleaves was a Partner and Chief Financial Officer of Foster Pepper LLP during this time, I have serious concerns about his being the Secretary, Treasurer and Director of the Elkhorn Project, Inc. Foster Pepper PLLP and Foster Pepper LLP terminated their affiliation. It is my understanding that Curt Gleaves is a consultant now for Roberts Kaplan, formerly Foster Pepper LLP, which is located in Portland, Oregon. Curt Gleaves is currently President and owner of Chapin Financial Management, LLC; a financial consulting firm in Estes Park. His business website gives 453 E. Wonderview Avenue, PMB 352, Estes Park, Colorado 80517 as his address. This street address is that of the United Postal Service in upper Stanley Village. It is my understanding that Mr. u Letter to Mayor Pinkham and E.P. Board of Trustees — October 7, 2011 P. 2 of 2 Gleaves works out of his home. Certified mail cannot be delivered to a postal mail box. His website gives an overview of his business, but other information categories have been under construction for a very long time (i.e., Our Clients, Services, The Team, and Home). I do not know if there is cause for concern. After reading Estes Park's Elkhorn Regional Tourism Project application for RTA State of Colorado Funding; the Attachment to the Amended and Restated Articles of Incorporation, Elkhorn Project, Inc., A Colorado Non - Profit Corporation dated February 15, 2011; and the Memorandum of Understanding between the Town of -Estes Park and Elkhorn Project, Inc.; I am more than just uncomfortable about the situation. I do not know whose responsibility it was to check out the details regarding the Elkhorn Project, but I hope you are already aware of my findings and can address my concerns. I believe it is essential for citizens to trust their elected officials to do what is ethical and right for their community. Respectfully yours, f L ei,}1_,Tx....e.,,__., ohanna Darden Full -Time Resident of Estes Park Please note that 1 corrected this letter date from October 7, 2010 to October 7, 2011 501 MacGregor Avenue Estes Park, Colorado 80517 October 7, 2011 Honorable Mayor William Pinkham and the Estes Park Board ofTrustees Town of Estes Park 170 MacGregor Avenue Estes Park, Colorado 80517 Dear Mayor Pinlcham and Estes Park Trustees, The "Professional Background" information for Curt Gleaves in the Estes Park's Elkhorn Regional Tourism Project (Tab 12B, Page 2) states, "He was a Partner and Chief Financial Officer, Foster Pepper LLP, a law fiuin in Portland, Oregon where his practice for 27 years concentrated on corporate finance transactions. His clients included the Portland Trail Blazers in connection with their construction of the Rose Garden Arena as part of a public -private partnership with the City of Portland and the Metropolitan Exposition and Recreation Commission." Because the Rose Garden Arena construction was part of a public -private partnership and. the Town of Estes Park has submitted the Elkhorn Regional Tourism Project application to the State, 1 looked on the web for details of the Rose Garden project. I was surprised to see that the Rose Garden Arena project went bankrupt. It was taken over and run by the creditors for two years, and then purchased again by Paul Allen, owner of the Trailblazers. "The bankruptcy filing was widely criticized in the local media and elsewhere." "Helen Jung, a reporter for The Oregonian described the affair as a game of "chicken" and as "bankruptcy as a business strategy, and noted Allen may have worsened his position by taking the arena into bankruptcy rather than offering a higher settlement." Other comments were unkind. You can check this information out (http://en.wikipedi.a.org/wiki/Rose Garden arena bankruptcy). My computer has taken out the underscore bars where spaces are shown in this website, so you may need to Google the Rose Garden Arena bankruptcy to find this information. Since Curt Gleaves was a Partner and Chief Financial Officer of Foster Pepper LLP during this time, I have serious concerns about his being the Secretary, Treasurer and Director of the Elkhorn Project, Inc. Foster Pepper PLLP and Foster Pepper LLP terminated their affiliation. It is my understanding that Curt Gleaves is a consultant now for Roberts Kaplan, formerly Foster Pepper LLP, which is located in Portland, Oregon. Curt Gleaves is currently President and owner of Chapin Financial. Management, LLC; a financial consulting firm in Estes Park. His business website gives 453 E. Wonderview Avenue, PMB 352, Estes Park, Colorado 80517 as his address. This street address is that of the United Postal Service in upper Stanley Village. It is my understanding that Mr. Letter to Mayor Pinkham and E.P. Board of Trustees — October 7, 2011 P. 2 of 2 Gleaves works out of his home. Certified mail cannot be delivered to a postal mail box. His website gives an overview of his business, but other information categories have been under construction for a very long time (i.e., Our Clients, Services, The Team, and Home). I do not know if there is cause for concern. After reading Estes Park's Elkhorn Regional Tourism Project application for RTA State of Colorado Funding; the Attachment to the Amended and Restated Articles of Incorporation, Elkhorn Project, Inc., A Colorado Non - Profit Corporation dated February 15, 2011; and the Memorandum of Understanding between the Town of Estes Park and Elkhorn Project, Inc.; I am more than just uncomfortable about the situation. I do not know whose responsibility it was to check out the details regarding the Elkhorn Project, but I hope you are already aware of my findings and can address my concerns. I believe it is essential for citizens to trust their elected officials to do what is ethical and right for their community. Respectfully yours, ohanna Darden Full -Time Resident of Estes Park Public Comments: Charley Dickey 265 Steamer Court Estes Park, CO 80517 Representing Estes Park Business Association Mayor, Trustees and Staff, Thank you for hosting the Economic Initiative meeting last Thursday. It was a privilege to be invited to represent Estes Park Business Association. Our hope is that much more private businesses see the value in your efforts to drive economic development for our valley. It appeared to me that the representation at this initial meeting was primarily from districts that reap the rewards of a thriving economy. Although those in attendance are typically the shakers and doers, we must embrace the ones that risk everything to maintain and grow businesses in this "sleepy little town" of Estes Park. The private business community must be part of this effort to enhance our community economic development. The comment was made at the Mayors Chat last week that questioned free speech during Board meetings. My comment does not have to do with the specific event but more importantly it has to do with future content of statements made by citizens as it relates to Trustee, Mayor and staff criticism. Where is the line between actual criticizm and unacceptable statements of humiliation? Would my criticism of your handling of the event last Board meeting be an attempt to humiliate the Board?? Thank You Action Items: Town Administrators Contract Charley Dickey 265 Steamer Court Estes Park, CO 80517 Mayor and Trustees, We appreciate the due diligence you have all performed in this most important decision before you. As our elected officials, we rely on your judgment to make good policy decisions and assure the direction given by the Board is adhere to. The one thing that we don't want you all to do is make those decisions in a vacuum. Public input will always need to be another source of information and an expression of the community wishes, those should be heard. Ultimately, the decisions are the Boards and we respect that fact. Thank You