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PACKET Community Development 2006-06-01
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Preparation date: 05/26/06 Revision date: AGENDA TOWN OF ESTES PARK COMMUNITY DEVELOPMENT COMMITTEE June 1, 2006 8:00 a.m. Board Room, Town Hall 1) PUBLIC COMMENT 2) CONVENTION & VISITORS BUREAU a) ACTION ITEMS: i) Heritage Festival Road Closure ii) Car Show Street Closure - August 19, 2006 iii) Approval to Purchase Kowasaki 4-Wheel Utility Vehicle for Special Events iv) Stanley Park Fairgrounds Theater b) REPORTS: i) Advertising & Communications ii) Public/Media Relations iii) Visitors Center/Services iv) Events & Fairgrounds 3) MUSEUM/SENIOR CENTER SERVICES DEPARTMENT a) ACTION ITEMS: i) Fall River Picnic Area Restroom - Request approval to proceed b) REPORTS: i) Museum Bi-Monthly Report ii) Senior Center Bi-Monthly Report 4) COMMUNITY DEVELOPMENT DEPARTMENT a) ACTION ITEMS: i) Contract for Stonework Repair at Knoll Ruins - Request for approval b) REPORTS: i) Activity and Budget Summaries C.7 NOTE: The Community Development Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared. , hp LaserJet 3015 HP LASERJET FAX invent May-30-2006 10:40AM Fax Call Report Job Date Time Type Identification Duration Pages Result 769 5/30/2006 10:39:27AM Send 5771590 0:59 1 OK TOWN of ESTES PARK Inter-Office Memorandum DATE: May 24,2006 TO: Community Development Committee FROM: Teri Wright / Dave Mahany SUBJECT: Budgeted Equipment Replacement Background: The 2006 Special Events Department budget includes $10,000.00 for the replacement of Utility Vehicle G-115A a 2001 John Deere Gator. This equipment has not been able to perform the heavy duty tasks that is necessary at the fairground but would serve as a vehicle for lighter duty tasks, therefore instead of disposing of it we would like to retain it and use it for the lighter duty tasks that the 1982 Cushman Electric Cart (G- 101) has been used for. The Cushman Cart has become very undependable, expensive to maintain, and parts are no longer easy to find and most of the parts are no longer available, we would like to dispose of this vehicle instead of the Gator. We have researched utility vehicles and found that Bobcat makes a heavy duty four wheel vehicle that would fill the needs of Special Events, a demo of this vehicle at the fairgrounds confirmed this. Cost/Budget: Cost • Bobcat of the Rockies, Commerce City / Greeley Co. 2006-Bobcat 2200 4x4 Utility Vehicle $10,54ZOO • Colorado Machinery Co, Ft. Collins Co. 2006 Bobcat 2200 4x4 Utility Vehicle $10,588.20 Budget $10,000.00 Cost $10,547.00 Action: Staff recommends: Purchasing a new 2006 Bobcat 2200 4x4 Utility Vehicle from Bobcat of the Rockies for a cost of 10,547.00 and disposing ofthe Cushman Electric Cart by selling it or taking it to the Larimer County auction in the fall. Administration Memo To: Community Development Committee From: Randy Repola Date: May 31, 2006 Subject: Fairgrounds Theatre Concept Background In the spring of 2004, the Town Board adopted a goal to determine the feasibility of building and operating a performing arts theatre. Various options have been ruled out since then until a concept evolved at the Stanley Park Fairgrounds. Goal Team 7 along with a study group of community members has collaborated to develop a theatre concept for the Fairgrounds property. The concept is to build a theatre in the southeast corner of the fairgrounds where currently there are dozens of old horse stalls. This is consistent with the master plan for the fairgrounds in that a building envelope of up to 48,000 square feet is envisioned on that site with the stalls being replaced on,the west side of the Fairgrounds. The theatre could ultimately be part of a larger facility in this location. To date, staff and a study group consisting of members of various performing arts organizations have developed a design concept and operating pro forma. Roger Thorn was retained to develop concept drawings and a construction estimate. In addition, AMS Planning & Research has completed a pro forma which estimates annual operating revenues and expenses. The theatre floor plan was developed with input from the study group. The group started with an extensive list of attributes that were desirous in a theatre. Ultimately, the group narrowed this list from thirty variables to a short list of twelve required elements. The concept includes these twelve elements in a building of approximately 13,080 square feet. Mr. Thorn estimates that the cost of construction in current dollars is $3,000,000. This also assumes the site would be ready with current structures removed and utilities in place. The pro forma is attached to this memo. The numbers in the pro forma are based upon a "stable" year; this is assumed to be year three. The report indicates that the annual operating loss will be approximately $201K in year three. It also includes information on a seasonal theatre operation in West Yellowstone, MT. The concept is intriguing but more research would be required to determine the viability in Estes Park. Budget There are two relevant budgets for this project: construction and operating. 7 , Construction The current construction estimate of $3M assumes that we will have used other funds (Lot 4 Stanley Historic District, sale proceeds) to prepare the site for construction. There are two options for financing the construction. Option 1: issue Certificates of Participation ("COPs") using the Town Hall as collateral. COPs function much like a mortgage. With Town Hall pledged as collatdral, the Town issues bonds in the amount of $3M. The source of funds for repayment is current revenue either from the General Fund or a special revenue fund such as the CVB fund. Annual debt service would be approximately $276K assuming twenty year bonds with a coupon (interest) rate of 5.5%. Option 2: General obligation debt. The Town could assume debt of $3M and issue general obligation bonds. This financing method would require voter approval and would carry a slightly lower coupon rate. Annual payments would be less than COPs due to thd guarantee of property tax' revenue as a repayment source of the bonds. Annual debt service would be approximately $264K assuming the same circumstance as COPs but with a slightly lower coupon rate of 5%. A levy of approximately 1.8 mills would be required for 20 years to finance this debt (during fiscal 2005, .1.822 mills generated approximately $251K in property tax). I , Operations The annual subsidy required to .operate the theatre has been estimated at approximately $201K in year three. This amount would have to be transferred from the General Fund. It is worth noting that the conference center debt will be retired in 2008. This will free up approximately $214K in current ·revenue. This amount would be adequate to fund the annual subsidy for the theatre. Currently this expenditure shows up in the Community' Reinvestment Fund. After 2008, $201K of this '$214K could be used to subsidize the theatre operation resulting in very little if any difference in the General Fund. Action Staff is seeking Committee and Town Board direction on this project. There are two decisions to be made. First, shall the Town pursue a theatre at the Stanley Park Fairgrounds' understanding the construction costs of $3M and annual operating subsidies of at least $201K? If yes, how shall the construction be funded? Shall the Town issue Certificates ~ of Participation of approximately $3,000,000? Or, does the Committee prefer to refer this matter to the voters requesting permission to assume general obligation debt of ' $3,000,000? • Page 2 TA Thorp Associates, PC Architects and Planners SCHEMATIC COST ESTIMATE STANLEY PARK PERFORMING ARTS CENTER Estes Park, Colorado Thursday, June 01, 2006 CONSTRUCTION ITEM ESTIMATED COST Surveying/Layout $5,500.00 Site Grading/Bldg Pad $40,500.00 Concrete Work $225,000.00 Masonry/Stone $135,000.00 Misc Stl/Railings/Trim $89,000.00 Finish Carpentry $165,000.00 Thermal/Moisture Protect $115,000.00 Doors/Windows $123,700.00 Gypsum Systems $215,100.00 Specialties $28,500.00 Pre-Engineered Bldg $360,200.00 Furnishings/Seating $105,000.00 Fire Protection Sys $38,500.00 Building Mechanical $296,300.00 Building Electrical/Stage Lighting $334,500.00 Theatre Performance Equip $350,000.00 Acoustical Treatments $120,000.00 Building & Equipment Total $2,746,800.00 General Conditions & Fees (10%) $274,700.00 Estimating Contingency (6%) $164,800.00 Total Building Construction Cost $3,186,300.00 One Year Inflation Factor (7%) $223,000.00 Not Included: Site Development Loose Furniture/Performance Instruments Design Fees 131 Stanley Ave. #100 ·PO Box 129·Estes Park, CO 80517·970,586.9528 •303-534-1378 · Fax:970.586.4145 ·www.thorpassoc.com dMLIb.t#ZMIhilf Summary Report TO: Randy Repola, Town of Estes Park FROM: Arthur Greenberg, Director, AMS Planning & Research RE: Updated Operating Projections - Cultural Center Midwest Office: DATE: May 31, 2006 8147 Delmar, Suite 218 St. Louis, MO 63130 314.727.2880 Fax 314.727.0348 AMS Planning & Research was contracted to develop operating projections for a cultural center in the Town of Estes Park. The projections http://ams-online.com were based on updates of work undertaken in 2004 when a larger cultural email: center was envisioned. The Town subsequently scaled back the program to aareenbera@ams-online.com consist of a 300-seat theater with no additional gallery or performance spaces. Our work consisted of: • Creating a survey instrument to ascertain interest in using the smaller venue by prospective user groups identified in the previous study. • Town of Estes Park staff administered the survey to the selected groups and provided the results to AMS. • AMS completed additional telephone interviews with commercial theatrical producers to better understand the potential for a "sit- down" run of a theatrical production to be successful at the proposed Estes Park venue. • An operating pro forma was created based on a series of assumptions and input from the research tasks. This memorandum report provides an overview of the operating pro forma. -1- Asia Society Texas - Asia House Operating Plan Summary Report - AMS Planning & Research 5/31/2006 Assumptions (Conservative) The following assumptions have been used to generate the operating estimates: • Theater will have 300 seats • Total square footage ofthe building is 13,080. • There are no additional rentable spaces in the building, such as black box theater, lobby, art gallery, etc. • Fringe benefits are paid to staff at 30% of salary. • 40% of audiences are expected to pay an averagd of $3.00 each for concessions. Summarv Below is the summary of revenues and expenses. Using conservative estimates with no sit-down run of a commercial theatrical production, annualoperating shortfall is in the range of $200,000. Estes Park Cultural Arts Center SCHEDULE 2: SUMMARY PRO Stable Year FORMA : OPERATING REVENUES Rental Income $58,815 Chargebacks & Cost Recovery $36,850 Ticket Sales $17,640 Concessions (Net Revenue) $7,664 Box Office Ticket Charges $12,774 TOTAL OPERATING REVENUES $133,743 OPERATING EXPENSES Personnel $201,750 Administrative Overhead $17,625 Programming $32,400 Occupancy $67,885 Expense Contingency @ 5% $15,983 TOTAL OPERATING EXPENSES $335,643 Operating Revenue as % of Expenses 39.85% OPERATING DEFICIT $201,900 -2- Town of Estes park - Cultural Center Operating Projections Memorandum - AMS Planning & Research 5/31/2006 Expenses Staming An extremely conservative assumption has been made that the venue could operate with 2 full- time staff people - a Facility Manager, and an Operations/Technical Director. Staffing costs, with benefits, amount to $146,900 annually. Because there are only two full-tim© positions, about $1,500 monthly is allocated for part-time, overtime, and temporary staff, bringing total personnel costs (non-reimbursable) to$164,900. (It is assumed as well that seasonal Town staff working at the Fairgrounds will augment the Cultural Center staff as needed during summer months). Costs for stagehands and house managers are billable to renters, and add an additional (pass-through) $32,663. Administrative Overhead Standard allowances are provided for administrative overhead costs for printing, postage, telephone, equipment repair andreplacement, totaling about $13,625 annually. Programming Artist Fees are provided for six presented touring shows each year, along with production and marketing costs, totaling $32,400. Occupancy Costs to occupy the building amount to $5.19 per square foot, consisting of Janitorial Services ($ 1.25/sf), Utilities ($1.75/sf), and maintenance contracts ($1/sf), and insurance and bonding ($1.19/sf). Total annual occupancy costs are estimated at about $68,000. Total Total operating expenses are projected at $319,660 each year, plus an expense contingency allowance of 5% (equaling $15,983), for total operating costs of $335,643. Rental Rates Theater rental rates are provided in 5 separate categories, ranging from $1/seat for local non- profit groups (performance rate), and $.33/seat for local non-profit rehearsals. Commercial rentals for performances would be charged $2.50/seat and $1.25 for rehearsals, and non- performance uses would be billed at $3/seat. Labor Chargebacks The costs of stagehands for performances and rehearsals is a pass-through to facility renters; fees of $150 for stagehand labor and $50 custodial services are charged for 75% ofuses (so that, in -3- Town of Estes park - Cultural Center Operating Projections Memorandum - AMS Planning & Research 5/31/2006 part, the Town will not have to charge itself for using these services). Equipment rental of $35/use is assumed to be charged for half of event dates. $32,663 is the total income from this category. Revenues Revenues derive from rentals of the theater ($58,815) and from labor chargebacks, or pass- through costs to renters for hourly and contract technical staff ($36,850). Other revenues are earned through ticket sales of town-sponsored (in this case, only "presented" touring events, not self-produced shows).presentations ($17,640), net income from concessions ($7,664), and box office ticket surcharges (a recommended $1/ticket fee imposed on all tickets sold for the venue, resulting in an additional $12,774 in income). Total revenues amount to about $119,000. Utilization Uses by the Town of Estes Park (for presented touring artists, at 6 performances/year), local non- profit cultural groups f145 performance dates plus 60 rehearsal/tech dates), and other (commercial) renters are assumed, for a total of 229 event dates, consisting of 161 performance dates. User Research AMS received positive response from twelve prospective user organizations indicating prospective usage of a 300-seat theater from 1 tb 36 times annually, for a total of 40-100 identified potential uses. We have assumed an annual non-profit rental basis of 145 performances given the usage that-is likely to materialize after the facility is under construction and subsequently open for rentals. 1 . Other Potential Activitv AMS conducted additional research with prospective cothmercial theatrical productions to potentially provide a stock of summer programming during the Town's busy tourist season. Our findings are equivocal at this point in time, but certainly indicate a real opportunity for the Town to contract with a theatrical producer to produce and pr6mote summer plays. It will need to be determined the level of demand by local renters for summer dates, and the extent to which the theater could be occupied by a sit-down production. Below are summaries of our findings. 1 Groups expressing interest in renting the theater include Estes Park Music Festival, Estes Park Rotary Club (Estes Park Sings), Fine Arts Guild, Center Stage School of Dance, Cultural Arts Council of Estes Park, Estes Park Area Teachers Association, Dance Fest, David Tanton, ReinTarnation Bluegrass and Old Time Band, Greig Steiner Design Studios, and Estes Park Village Band and Jazz Band. -4- Town of Estes park - Cultural Center Operating Projections Memorandum - AMS Planning & Research 5/31/2006 Triple Espresso Triple Espresso is a show that has seen long runs at small theaters around the country, and is only offered on a "presented" basis currently (e.g., cannot be self-produced). The usual arrangement is that a Presenter (in this case, the Town of Estes Park) would book the show for a certain number ofweeks. Financially, there are three areas for negotiation: Royalties equal 13% ofNet Box Office receipts, a Weekly Guarantee usually settles in between $18,000 and $30,000 per week (depending on the number of weeks the Presenter commits to), and Split Point, the point in the revenue stream where the Producer/Presenter start sharing in the Box Office receipts. This is in addition to the Royalty and Weekly Guarantee as indicated above. As an example, if Estes Park presents the show in a 350 seat theater, and Triple Espresso were playing 8 performances per week, and the Theater committed to Triple Espresso for an 8-week run, with ticket prices at $35 each, then the 8 week run would generate a Gross Potential (before discounts, subscriber prices, etc...etc..) of $784,000 (e.g., 8 performances per week x 350 seats x $35 x 8 weeks = $784,000 with all seats, full price, no discounts). Obviously this Gross Potential figure would never be reached, but an 8-week run break-even point might be "somewhere in the $300,000 range" according to the producers. Shear Madness Shear Madness is another show like Triple Espresso, but in this case it is "licensed" for a local producer to produce the show. The producers indicate terms would be based on $7,500 non- returnable advance against royalties for a one-year option, plus 13 % of weekly gross box office receipts would be paid to the producer. The $7,500 fee includes the services of a Shear Madness director who would be available for three (3) days of casting, 3 M weeks of rehearsals and a minimum of five (5) days of previews. For these services Licensee shall pay $2,000 on the first day of casting, $2,000 on the first day of rehearsals and $2,000 on the first day of the second week of rehearsals. If director is a member of S.S.D.C., Licensee shall pay S.S.D.C. agreed upon fee but no less than the above amount. Round trip tourist air transportation, car and comfortable private living quarters with kitchen facilities for said director. Company shall be under an Actor's Equity Contract. Provision for two out of town actors to include housing and per diem. The play shall be included in the subscription series. The above includes a complete prop list, set configuration, director's script with blocking, lighting, sound and costume requirements. -5- Town of Estes park - Cultural Center Operating Projections Memorandum - AMS Planning & Research . 5/31/2006 Playmill Theatre, West Yellowstone, Mr We identified an interesting model for the proposed venue in Estes Park, that.being the Playmill · Theatre in West Yellowstone, Montana, with 265 seats. Their season runs from the end of May through Labor day, with three family-friendly shows alternating throughoutthe summer. This , year the shows include Joseph & the Amazing Technicolor Dreamcoat, Forever Plaid, and Seven Bridesfbr Seven Brothers. Two shows are performed on most nights (6 and 8:30 p.m.), with a matinee on Saturday (sometimes two, with shows at 2,6, and 8:30), and dark on Sunday. Last , summer some 33,000 tickets were sold (by our calculation, about 81% ofcapacity). I . 1 1, By alternating the three shows, people in town for a week or so are able to see all three productions. Most of tlieir audience comes year after year (people who have summer homes, or regional visitors who come to see Yellowstone Park and stay for a show in the evening). There are not many alternatives for night time entertainment in town, so their theater is quite popular (season is sold out by 3rd week of June). It is billed as an interactive, fun, family show - with ' actors mingling with audience and selling concessions at intermission, audience sing-along, pre- show v,ariety show on stage - a fun,evening for families with kids. Fees/royalties paid vary for each show and each producer, depends'on a lot of factors (actors salaries, potential ticket sales, size oftheater, etc.). For example they are paying $400 per performance for Forever Plaid this summer. There is a break point minimum royalty, then above that, a percentage of gross profits is paid to the producer. Last year, for The Secret Garden, the minimum break point royalty was $3,000. Ticket prices are: • Mon-Thu: $11 seniors and children, $12.50 adults f • Fri-Sat: $15 for all This summer they are offering, for the first time, a summer theater camp, with day camps and overnighf camps for various ages. Playmill players lead kids in camp workshops and classes. Data for tourism in West Yellowstone, MT are quite similar to the situation in Estes Park, as noted here: Tourism Data Yellowstone National Park • 2005 total visitors = 2.84 million West Gate = 1.2 million (43% of total) Other gates are much less. North Gate = 525,320 (18%) Northeast = 148,715 (5%) South = 686,813 (24%) East = 285,689 (10%) -6- .. Town of Estes park - Cultural Center Operating Projections Memorandum - AMS Planning & Research 5/31/2006 Summer visitation: • Total park visitation for June/July/Aug = 1.95 million (69% of annual total). • West Gate visitors for June/July/Aug = 845,855 (70% of all West Gate visitors come in the summer months.) Rocky Mountain National Park Visitor statistics are comparable (although not quite as concentrated in summer months as at Yellowstone). • 2005 total visitors = 2.96 million • Beaver Meadows Gate = 1.2 million (42% of total) Other gates: Fall River = 804,324 (the other east entrance near Estes Park) Grand Lake = 434,481 Longs Peak = 95,998 Wild Basin = 60,720 Minor entrances = 314,548 Summer visitation: • Total park visitation for June/July/Aug = 1.71 million (58% of annual total) • Beaver Meadows Gate for June/July/Aug = 707,171 (57% of all Beaver Meadows visitors come in summer) Conclusions on Additional Activities The Playmill Theatre model could be a wonderful opportunity for Estes Park to generate a substantial amount of ticket income, i f it is willing to assume some risk, and the community is willing to devote the theater for this purpose for much of the summer tourism season. Playmill earned some $430,000 in ticket income last season (33,000 tickets at average cost of $13), which, even after royalties and production costs, could result in a substantial portion of the current projected operating deficit. Concessions income would be on top of these ticket earnings, and with that significant foot traffic, could also prove lucrative. Optimistic Scenario If we assumed an optimistic scenario in Estes Park, we would envision an operating shortfall perhaps half of what is currently projected (e.g., in the range of $100,000, before any fundraising). Ticket income could net an additional $60-75,000 if a similar summer operation were pursued (even allowing for 1 -2 nights each summer week for local productions and renters). Concessions income could rise substantially - rather than 40% of audiences spending $3.00 each (resulting in net income of $7,664), we can envision 75% of audiences spending -7- 4 ... Town of Estes park - Cultural Center Operating Projections Memorandum - AMS Planning & Research 5/31/2006 $6.50 per person, resulting in $31,137 net concessions income. And, these additional earned income sources are before any fundraising or sponsorship; especially with a summer theatrical season like at Playmill, sponsorships could generate up to $50,000 each year, with typical non- profit fundraising (e.g., foundations, individuals, government grants, and so on) also contributing to the bottom line. , Given these data, the Town of Estes Park might be considering an annual operating contribution of $50,000 to $100,000 after these earned income sources were factored in, while a fundraising entity (e.g., a non-profit Friends of Estes Park Cultural Center) could raise a significant portion of that shortfall as well. 1 -8- Estes Park Cultural Arts Center OPERATING PRO FORMA CONTENTS Schedule #- Page # Key Assumptions Schedule 1 Page 2 SUMMARY PRO FORMA Schedule 2 , Page 3 REVENUE SUMMARY Schedule 3 Page 4 EXPENSE SUMMARY Schedule 4 Page 5 Theater Rental Rate Schedule Schedule 5 Page 6 Rental Additions / Chargebacks Schedule 6 Page 7 Utilization Summary Schedule 7 Page 8 Theater Utilization Projections Schedule 8 Page 9 Theater Attendance Projections Schedule 9 Page 10 Other Space Utilization Projections Schedule 10 Page 11 Concession Sales and Box Office Charges Schedule 11 Page 12 Administrative Expense Detail Schedule 12 Page 13 Staffing and Compensation Schedule 13 Page 14 AMS Planning & Research Corp. Page 1 of 13 5/31/2006 Estes Park Cultural Arts Center SCHEDULE 1: KEY ASSUMPTIONS PERFORMANCE SPACE ASSUMPTIONS Theater Seating Capacity · 300 Theater Rental Rates Local Non-Profit Per-Seat Rent $1.00 Other Non-Profit Per-Seat Rent - $1.50 Commercial Performance Per-Seat Rent · · $2.50 Non-Performance (Corporate) Per-Seat Rent $3.00 ECONOMIC ASSUMPTIONS 1 Fringe Benefits Rate 30% Contingency % of Operating Expenses 5% Average Concession Transaction $3.00 Concession Capture Rate ' 40% Concession Contribution Margin · 20% BUILDING ASSUMPTIONS Square Footage 13,080 Occupancy Costs per Sq. Ft., calculated $5.19 AMS Planning & Research Corp. Page 2 of 13 5/31/2006 Estes Park Cultural Arts Center SCHEDULE 2: SUMMARY PRO Stable Year FORMA OPERATING REVENUES Rental Income , : ·$58,815 Chargebacks & Cost Recovery $36,850 Ticket Sales $17,640 Concessions (Net Revenue) $7,664 Box Office Ticket Charges $12,774 TOTAL OPERATING REVENUES $133,743 OPERATING EXPENSES Personnel $201,750 Administrative Overhead $17,625 Programming $32,400 Occupancy $67,885 Expense Contingency @ 5% $15,983 TOTAL OPERATING EXPENSES $335,643 Operating Revenue as % of Expenses 39.85% OPERATING DEFICIT $201,900 AMS Planning & Research Corp. Page 3 of 13 5/31/2006 - I Estes Park Cultural Arts Center SCHEDULE 3: REVENUE SUMMARY Reference . Stable Year Facility Rental Theater , Utilization $58,815 Costs Recovered from Renters Chargebacks $36,850 Sub-Total, Fadlity Rental $95,665 Other Operating Revenue Town-Sponsored Ticket Sales Attendance $17,640 Food/Beverage, Net Concession/Box Office $7,664 Box Office Ticket Charges Concession/Box Office $12,774 Sub-Tota/, Other Opem#ng Revenue $38,078 TOTAL OPERATING REVENUES I $133,743 AMS Planning & Research Corp. Page 4 of 13 , 5/31/2006 Estes Park Cultural Arts Center SCHEDULE 4: EXPENSE SUMMARY Stable Year Personnel Reference Compensation - Staff Staffing $146,900 Stagehands, House Managers Admin Exp. $36,850 Part-Time, Overtime, & Temps Admin Exp. $18,000 Sub Total, Personnel $201,750 Administrative Overhead Printing Fees Staffing $1,250 Postage & Mailling Admin Exp. $1,000 : Public Relations/Special Events . $4,000 EquipmenVSupplies Admin Exp. $4,900 Travel, Subscriptions, Licenses Admin Exp. $4,075 Telephone Admin Exp. $2,400 Sub Total, Admin. Overhead $17,625 .Programming Artist Fees $24,000 Production Costs $3,000 Marketing $5,400 Sub Total, Admin. Overhead $32,400 Occupancy Janitorial Services $16,350 Utilities $22,890 Maintenance Contracts $13,080 Insurances and Bonding $15,565 Sub-Total, Occupancy $67,885 TOTAL OPERATING EXPENSES $319,660 Expense Contingency @ 5% $15,983 AMS Planning & Research Corp. Page 5 of 13 5/31/2006 Estes Park Cultural Arts Center SCHEDU,LE 5: THEATER RENTAL RATE SCHEDULE Per-Seat Rate Code Description Capacity Amount Charge 1 Local Non-Profit - Performance Rate 300 $1.00 $300 2 Local Non-Profit - Non-Perf./Tech/Rehearsal 300 $0.33 $99 3 Commercial Rentals - Performance Rate 300 $2.50 $750 4 Commercial Rentals - Tech/Rehearsal/Non-Perf. 300 $1.25 $375 5 Convention Meetings/Lectures/Non-Perf. Uses 300 $3.00 $900 1 1 . AMS Planning & Research Corp. Page 6 of 13 5/31/2006 Estes Park Cultural Arts Center SCHEDULE 6: RENTAL ADDITIONS / CHARGEBACKS Stable Year Fee 1 Frequency # of Events Fee Amount Labor Chargebacks $150 1 75% 220 $150 $24,750 Fee Frequency # of Events Fee Amount Custodial Fees ~ $50 1 75% 220 $50 $8,250 Avg. Charge Per Event Frequency # of Events Fee Amount Equipment Rental ~ $35 ~ 50% .- 220 $35 $3,850 TOTAL RENTAL ADDITIONALS $36,850 AMS Planning & Research Corp. Page 7 of 13 5/31/2006 Estes Park Cultural Arts Center Sta )le Year SCHEDULE 7: UTILIZATION SUMMARY USES Rental Charge ' Theater TOTAL ESTES PARK PRESENTATIONS . 9 $0 TOTAL NON-PROFIT USES 205 $49,440 TOTAL OTHER USES , 15 $9,375 TOTAL - Theater 220 $58,815 TOTAL EVENTS- TOTAL RENTAL EVENTS /RENT 220 $58,815 AMS Planning & Research Corp. Page 8 of 13 5/31/2006 Estes Park Cultural Arts Center Stable Year SCHEDULE 8: THEATER Rental Rental UTILIZATION PROJECTIONS Rate Uses Rate Rental Charge Code Estes Park Presentations - Performance n/a 6 , $0 $0 Estes Park Presentations - Rehearsals/Tech n/a 3 $0 $0 TOTAL TOWN-SPONSORED 9 $0 Local Non-Profit - Performance 1 145 I $300 $43,500 Local Non-Profit - Tech/Rehearsal 2 60 $99 $5,940 TOTAL LOCAL NON-PROFIT 205 $49,440 Commercial Rentals - Performance I 3 10 $750 $7,500 Commercial Rentals - Tech/Rehearsal 4 , 5. i . $375 $1,875 Convention Meetings/Non-Perf. '5 0 ' $900 $0 TOTAL OTHER USES 15 $9,375 TOTAL PERFORMANCE DAYS 161 TOTAL EVENT DAYS 229 $58,815 AMS Planning & Research Corp. Page 9 of 13 5/31/2006 . k . Estes Park Cultural Arts Center SCHEDULE 9: THEATER · Stable Year ATTENDANCE Avg. Ticket Price (2006 Avg. % Adjusted AvO. Projected Projected Ticket PROJECTIONS Sold Ticket Prich Attendance Sales $$$) 1 Town-Sponsored - Performance 1 $14 70% ,$14.00 1,260 $17,640 Local Non-Profit - Performance 1 : $12 1 65% - $12.00 + 28,275 $339,300 Commercial - Performance 1 - $20 1 80% $22.00 , ~ 2,400 ~ $52,800 TOTALS I I I 31,935 I $409,740 AMS Planning & Research Corp. Page 10 of 13 5/31/2006 Estes Park Cultural Arts Center SCHEDULE 11: . Stable Year CONCESSION SALES & Tickets Sales TICKETS SOLD 31,935 $409,740 BOX OFFICE REVENUE Transaction Capture Concession Food & Beverage Average 1 Rate Sales Theater Patron Sales - - $3.00 40% $38,322 Contribution Margin 20% $7,664 Per-Ticket Tickets Box Office Share Charge , Revenue Box Office 31,935 40% $1.00 $12,774 AMS Planning & Research Corp. Page 11 of 13 5/31/2006 Estes Park Cultural Arts Center SCHEDULE 12: ADMINISTRATIVE EXPENSE DETAIL Stable Year Admin Personnel .. . Compensation $146,900 Stagehands & House Managers $36,850 Part-Time, Overtime, & Temps $18,000 Sub Total, Personnel. $201,750 Overhead Telephone - (based on headcount) $2,400 Postage & Mailing - Gen'I $1,000 Printing & Copying, General $1,250 Travel, Meetings, Mileage $2,500 Publications & Subscriptions $450 , Memberships & Dues , $625 Licenses/Fees/Permits $500 Office Supplies (based on headcount) $2,400 Equipment Repair/Maint./Support $2,500 Subtotal, Overhead $13,625 TOTAL ADMIN. & FIN. $215,375 AMS Planning & Research Corp. Page 12 of 13 5/31/2006 Estes Park Cultural Arts Center SCHEDULE 13: % Taxes & BASE SALARY Stable Year STAFFING AND Benefits COMPENSATION Cultural Arts Center Manger $65,000 : 30% $84,500 Operations/ Technical Director $48,000 30% $62,400 TOTALS I $113,000 $146,900 AMS Planning & Research Corp. Page 13 of 13 5/31/2006 TOWN OF ESTES PARK Office Memorandum To: Community Development Committee -Trustees Pinkham, Levine, Eisenlauer From: Peter Marsh Date: May 25,2006 Re: April 2006 Advertising Program Report REPORTS: as of April 30 1. 2006 Visitors Guide Requests: Requests for hardcopies of the visitors guide are now ahead of the first four months of 2005 by 13.76%, or 2,723 guides. 2. Guide Downloads at 59,567, are 138% over this period last year. 2006 year will establish a new benchmark for this activity. 3. Magazine advertising responses up 5.81% compared the same period last year. May responses will increase this, particularly with the May flight, much of which includes Co- Op advertising with the state advertising campaign. 4. Internet advertising We continue using Google Ad-Words with multi targeted keyword campaigns. We also are using Google Analytics to evaluate these programs by developing conversion ratios and return on investment numbers. The Ad Committee was giyen a presentation of the early results by our consultants with Front Desk, Inc. 5. WATS line calls continue to stabilize after about 10 years of steady decline. Counts for the first four months of 2006 are only 76 calls, or 1.88%, behind the same period last year. 6. Work in Progress: Production of fall magazine ads are in the works, summer print advertising and 3rd quarter television schedules as well as a new television commercial are also in various stages of production or pre-production. ACTION ITEM: None BACKGROUND: N/A BUDGET/COST: N/A RECOMMENDATION: N/A .. TOWN OF ESTES PARK Office Memorandum To: Community Development Committee -Trustees Pinkham, Levine, Eisenlauer From: Suzy Blackhurst Date: May 31, 2006 Re: Communications Report REPORTS: 1. PR Equivalency (the value of Colorado newspaper articles in relation to the same size paid advertisements) Value 2005 2006 January $ 4,094.26 $ 13,211.68 February 18,338.88 18,679.97 March 5,237.03 12,571.83 April 9,445.56 36,935.53 Total $ 37,115.72 $ 81,399.01 *A calculation equating free publicity in publications that are members of the Colorado Press Association for events covered in news columns, had the CVB paid for the same amount of space. 2. Colorado Newspaper Press Placements # Placements 2005 2006 January 39 45 February 69 83 March 59 69 April 75 74 Totals 242 271 3. Web site Press Room Downloads through April 30,2006: 5,393 4. Special Requests fulfilled through April 30, 2006: 21 5. Other Press Coverage Received Shuttle Coverage on Channels 4&9 seen on 5/18/06. Channel 9 coverage included a "crawl" at the bottom of the screen during the 6 p.m. news broadcast 6. Anticipated Coverage in the coming months Disney Family Fun (August issue, topic: Scotsfest), Bugle Magazine Media Day for Shuttle System last week in June 7. Fam Tour scheduled Frommers Travel Guide June 19, 20 ACTION ITEM: None . TOWN OF ESTES PARK Office Memorandum To: Community Development Committee - Trustees: Bill Pinkham, Chuck Levine, and Dorla Eisenlauer From: Teri Weldin, Visitors Center Coordinator Date: May 26,2006 Re: April and May 2006 Visitors Center Report REPORT: 1. April Traffic at the Visitors Center The total number of visitors who came through the center in April was 7,432, an average of 256 people each day. This average is significantly higher than our average last April, of 118 per day. (Important note: Our Visitor Counters were not operational until April 24,2005, so the average for lakt year was calculated using only seven days.) 2. April Telephone Counts The total number of telephone calls received in April was 1,342, an average of 46 telephone calls per day. This average is slightly lower than April last year, which was 52 calls per day. 3. May Traffic at the Visitors Center The total number of visitors who came through the center in May was 15,960, an average of 515 people each day. Our average per day last May was 407, so we are seeing over 100 people morefper day come through the Visitor Center. 4. May Telephone Counts The total number of telephone calls received in May was 1981, an average of 64 telephone calls per day. This number is just slightly less than the average call per day last May of 65. Please Note: In order to complete this report, visitor and telephone call estimates were used for May 26 - 31. 5. 2006 CVB Services To date, $151,035 has been sold in CVB services, which includes: website listings, brochure rack space, "Book-now" links, referrals and leads. At the close of last year, the total sold was $88,500; therefore, we have increased CVB services sales by $62,535 over last year. To date, there are a total of 200 paying stakeholders and members. This is an increase of 27 over the total of 173 last year. Thirty-seven out-of-town properties have opted to become CVB members to date. Last year, seventeen properties decided to join. The member fees associated with the 2006 memberships currently totals $41,015. 6. Seasonal Staff The CVB has hired five seasonal staff to assist us through the first week in October. All five seasonal staff participated in the Lodging tours that took place on May 10, 11, 16 & 17, along with our volunteer Ambassadors. On each of the four tour days, we visited four different regions of Estes Park: Hwy 34 East area, Hwy 34 West area, Hwy 7 area, Moraine Avenue + Hwy 66 area. Downtown properties were distributed throughout the four days, as appropriate. Additional training for seasonal staff took place on May 18 and 19. All seasonal staff were trained and ready - to start on May 20, when the Visitor Center transitioned to the new summer hours. The Visitor Center is now open every day from 9 AM - 8 PM. These hours will continue through the first week in October. The CVB seasonal staff names are as follows: Nola Gail, part-time Joanie Kleckner, part-time. (Joanie also volunteersas one of our Ambassadors.) Bruce Piggot, full-time Gary Shanafelt, part-time Jolene Svancara, part-time and full-time as needed. 7. Lodging and Retail Tours The Ambassador Organization and CVB staff org'anized the above mentioned Lodging Tours, May 10, 11, 16, and 17. Ted properties were visited each day, for -a total of 40 properties on the tours. Selection is made on a first response, first served basis, with priority given to properties not on the tour the previous year. Twenty- two of the properties visited this May were not seen on tour last year. Retail tours are still being planned for one or two days toward the end of June. 8. Estes Park 2006 Visitor Guide Distribution from the Visitor Center Sincd the CVB moved into the new Visitor Center, 7,075 visitor guides'have gone through our doorkThe total number of 2006 Visitor Guides distributed from both the new and old visitor centers equals 1897. . ACTION ITEM: None BACKGROUND: N/A BUDGET/COST: N/A RECOMMENDATION: N/A SPECIAL EVENTS JAZZ FEST & ART WALK WEEKEND DATE: May 13 & 14 NO. OF YEARS: 16 NO. OF DAYS: 2 MANAGEMENT: Max Wagner, Cultural Arts Council and Special Events Department PURPOSE: Introduce and promote Estes Park as an active arts and music community. Bring visitors to Estes Park during the shoulder season. ACTIVITIES: Jazz concerts in Bond Park and a tour of open houses at various galleries throughout town. ADVERTISING: Local newspaper, six front-range newspapers, poster, programs, insert, KUNC Radio, KUVO Radio and KHIH-FM. ATTENDEES: 20 % Local 78 % Colorado 2% Out-of-State 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 NO. ATTENDEES 4,000 2,000 2,500 2,300 2,300 3,000 4,000 4,300 4,500 4,000 1,820 2,300 3,000 TOWN EXPENSES 2,900 6,550 6,700 6,615 7,900 7,900 9,280 15,141 11,318 12,418 12,820 14,200 15,166 TOWN REVENUE - 0 2,500 2,500 2,500 2,500 2,500 2,500 3,318 2,500 2,500 2,500 2,500 2,500 , GROWTH POTENTIAL: Good growth potential as long as sponsors and funds are available to provide popular bands. We were maxed on both days and people were setting along the river and the park was full. COMMENTS: This was the third year to hold Jazz Fest in Performance Park. The weather was perfect and the entertainment line up very good. Positive comments were made from many attendees that this was the best Jazz Fest ever and it was finally a real jazz festival with real jazz music. Most of those who attended came specifically for the music as a result of the advertising. Poppy's Pizza & Grill was again a sponsor and the Silver Moon Lodge provided rooms for the entertainers and sound staff. Many of the attendees were here for the two days. Town of Estes Park Public Works Engineering -/4£1LD: Room 100, Town Hall P.O. Box 1200, Estes Park, CO 80517 970-577-3586, qsievers@estes.org Memo TO: Community Development Committee From: Greg Sievers Date: June 1, 2006 Re: Hydro Museum Public Restroom Background: the Public Works Department designed and contracted for the construction of a new picnic facility at the Fall River Hydro Museum picnic grounds in the summer of 2005. That structure is a 35' x 65' covered pavilion on a concrete slab. The Town has conducted summer employee picnics at this site for several decades. Port-a-potties have been used as restrooms for all functions to date. A vision for fully functional restrooms was planned for 2006 and also expanded usage of this site. The March 9,2006 PWC approved bidding and I wrote and distributed an RFP (request for proposal) to five (5) local designer/builders that could both design and construct a small restroom facility on the north side of the river, adjacent to the Musuem and Cottage. Bruce Gregg, Mike Aldrich, Mark Westover and Mike Smith of Loveland all declined interest; All stating full schedules. One proposal*for a Preliminary Maximum Price was receive from Ray Duggan for $118,065. Duggan Builders did the 1999 remodel of the police department with very good results, on time and on budget. Cost/Budget: the 2006 Budget (page 186 - LCOS) contains $85,000 for this project, and subsequent budget modification raised has allocated to $125,000 for this project. (account #220-4600-462-35-60) Recommendation: Modify the project to a 'modem pit toilet' (similar to NPS & USFS design) and construct it adjacent to the picnic structure. This would likely result in a 20-30% savings in overall cost. The structure would be constructed to allow future upgrades for running water and flush toilets should the usage support that need. Staff requests to negotiate with Ray Duggan Builders to achieve a Guaranteed Maximum Price and proceed with construction following agreement from Administration. • Page 1 Fall River Hydro Picnic Ground Public Restroom Site review May 31, 2006 Option 1: Construct the restroom on the north side of the river per the RFP. $ 118,065 Water & sewer tap fee's (not in contractor bid) $ 12,200 TOTAL $130,265 Option 2: Construct a modern "pit" type restroom west of the picnic structure - $25% (-$30,000) TOTAL $88,000 Option 3: Relocate fully functional restroom (per RFP) to picnic site: Additional costs - owner estimate Water Service 1. water tap fee $ 7,700 2. rivers crossing $10,000 3. 365' copper 1" service $ 5,475 4. one sewer crossing 5. one primary power crossing 6. bid includes pressurized system Sewer Service 1. Sewer tap fee $ 4,500 2. 135' gravity 4" pvc sewer line $ 2,025 3. 145' 2" pumped sewer line $ 2,175 4. sewer lift station w/ manhole & elect. $20,000 5. bore bridge abutments x 2 $ 1,000 Other: remove & replace sidewalk - $8/sf $ 3,200 TOTAL $ 56,075 .. TOWN OF ESTES PARK Office Memorandum To: Community Development Committee -_Trustees Pinkham, Levine, and Eisenlauer From: Betty Kilsdonk I)ate: June 1, 2006 Re: Estes Park Museum - June report Elk History Publicitv Curator Becky Latanich was featured in an article in the 5/18 Loveland Reporter-Herald and in a 9News story on 5/24 regarding the history of elk in our area; several Museum photos were also used. The story was related to the National Park's public meetings concerning the draft elk management plan/environmental impact study. Upcoming Programs All programs are free, open to the public, and will be held in the Museum meeting room, unless otherwise indicated. June 9,7:00 PM Sand Creek Massacre Then and Now. Craig Moor of the Sand creek National Historic Site will recount the history of the 1864 Sand Creek massacre of the Cheyenne and Arapaho. Sponsored by the Library Foundation and the Estes Park Museum. June 23,7:00 PM Roger Wolcott Toll and Rocky Mountain National Park Roger Toll was the second Rocky Mountain National Park superintendent, serving from 1921 to 1928. Trail Ridge Road and Aspenglen Campground were built during his tenure. July 1, 10:30 AM to 3:00 PM Tahosa Valley Historic District Tour Sponsored by the Estes Park Museum Friends and Foundation and the Town of Estes Park, this tour is a fundraiser featuring 12 historic buildings. Five buildings are at the Wind River Ranch, the homestead of Elkanah Lamb. The others are private homes dating from 1910-1920. Tickets are $21-$25 and include lunch. Fall River Hvdroplant Summer Schedule The Historic Fall River Hydroplant is open daily Tuesday through Sunday from 1 PM to 4 PM. ACTION ITEMS: N/A BACKGROUND: N/A BUDGET/COST: N/A RECOMMENDATIONS: N/A Estes Park Museum April 2006 EPM Attendance EPM Programs April gallery 4-8 Isabella Bird 84 attendance 207 4-14 Adams exhibit opening 85 4-21 Adams program 45 Programs/tours 479 4-22 Enos Mills Day 70 Group meeting room use 116 4-28 Margaret Coel 135 Total = 802 4-29 Young Chautauqua 60 TYD 2006 = 2179 Meetings YTD 2005 = 1996 4-3 Estes Park Car Club 35 Closed in 2004 4-19 Religion/Phil Group 30 YTD 2003 = 1393 4-10 to 4-14 EP Police 15 4-24 Advisory Board 9 802 4-26 Friends Board 15 4-28 Art Center 12 536 407 219 April attendance by year. Facility was closed in April 1I 2004 for remodel. FY FY FY FY FY '02 '03 '04 '05 .06 ... 0 TOWN OF ESTES PARK Office Memorandum To: Community Development Committee -Trustees Levine, Pinkham and Eisenlauer From: Lori Mitchell I)ate: June 1, 2006 Re: Estes Park Senior Center - June report GENERAL REPORT: o The Office on Aging Advisory Council will hold their June 8 meeting at the Estes Park Senior Center. The group of 25 will convene from 1:30 to 3:30 pm. The public is invited and welcome to attend. The Office on Aging Advisory Council, appointed by the Larimer County Board of County Commissioners, is a voluntary group of citizens who provide information, guidance, advice and support to County Commissioners and to the Office on Aging to plan, develop, coordinate and administer services to older persons. They also serve as a critical linkage between the Office on Aging and older adults in the community. The primary purpose of the council is to carry out the objectives and intent of the Older Americans Act of 1965, as amended. Catering for All Occasions staff is attending a Food Safety Class sponsored by Larimer County in June. Staff is managing multiple budgeted maintenance needs for the building including garden and irrigation system maintenance, floors stripped and waxed, grease trap repairs, several mechanical repairs for the heating and cooling systems and we will be pursuing new carpet for the building later this fall. (The carpet expense will be sponsored by Estes Park Senior Citizens Center, Inc.) 4 new trees were sponsored and planted at the Senior Center for Arbor Day 2006; there are now 22 trees planted. Staff is expanding the day trip opportunities with good participation and positive response using the new van. New trip offerings brought 10 new Estes Park residents to the Senior Center in the past month. o Local seniors hang their artwork in the facility in what we call "The Hallway Gallery" showcasing the talent of local artists. Works are rotated regularly, please stop in and see their work. o Thus far, Kersey Senior Center and Berthoud Senior Center have scheduled summer visits to Estes Park with lunch at the Senior Center with tours of the area, the Museum and shopping. (Approximately 12-24 seniors per visit.) We invited over 30 Senior Centers to the area for summer visits. June programming at the Senior Center: o Regular weekly programming continues in June (Arts and Crafts studio, Tri Fit, Tai Chi, Treasure Attic, NARFE, Religion and Philosophy Group, cards and games, pool, social opportunities, Treasure Attic, cinnamon roll Tuesdays, etc) o Day Trips: -- June 12: National Earthquake Information Center July 16: Boulder Dinner Theatre- "The Music Man" July 26: Rockies /Cardinals Baseball August 16: Grand Lake Pontoons and Grand Lake Lodge September: Golden Gate Canyon State Park picnic o Medical Programs: June 7: Skin Cancer Awareness - Dr. VanderWerf -12:45 pm June 13: Low Vision Group - Demonstration of touch screen voting machines -10:30 am June 19: Blood Pressure Clinic - Estes Park Home Care -12:30 pm o Program Highlights: June 1: Dedication of the new Senior Center Van - 11 am June 6: Senior Center Board Meeting - 12:45 pm June 8: Poetry Reading - local author Margaret Guthrie -12:45 pm June 8: Office on Aging Advisory Council meeting - 1:30 pm to 3:30 pm June 10: SUMMER BREAKFAST FUNDRAISER - 7 AM TO 11 AM June 13: "Australia: Our 51St State" - Milt Garrett -12:45 pm June 14: Singing and Karaoke with Charles Machado - 12:30 pm June 16: Father' s Day Luncheon - noon June 16: (date tentative) ICE CREAM SOCIAL - FUNDRAISER AND ENTERTAINMENT 3:00 PM June 22: Line Dance Lessons - 1:00 pm June 24: Dinner Dance - at the Senior Center - 5:00 pm June 28: Seniors and Law Together - Equine and Canine Unit Demonstrations and Summer Picnic - Larimer County Sheriffs Dept and Estes Park Police - noon Statistics: May statistics will be available after the month is complete. ACTION ITEMS: N/A BUDGET/COST: N/A RECOMMENDATIONS: N/A 00 00 MEMORANDUM Community Development To: Community Development Committee From: Bob Joseph Date: 5-30-06 Subject: masonry repair at the Birch Ruins Background: The structural assessment performed for the Birch Ruins recommended repairs as described in the attached report. Staff has contacted Sterling Holdorf to provide an estimate for performing this work. Mr. Holdorf is a National Park employee with experience and training in the repair and maintenance of historic structures. He was responsible for the repairs to the Birch cabin last year. Budget Impact: Funds are available in the Larimer County Open Space account # 220-4600-462.35-60. A not to exceed amount will be presented to the committee at the meeting Thursday. Recommendation: Retain Sterling Holdorf to perform repairs as described in the attached structural assessment. Sterling Holdorf 511 Whispering Pines Drive Estes Park, CO 80517 970-586-7351 Estimate for stabilization of Birch Ruins Provided for: Bob Joseph 170 MacGregor Ave, Estes Park CO, 80517 The following quote is for stabilization efforts (re-pointing and stone replacement) as described in the Building Survey and Repair Recommendations prepared by Atkinson- Noland and Associates, Inc. April 23,2004. All work will comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties. 1. Materials- $600.00 2. Labor- $4,050.00 Total $4,650.00 - . D ./ f#i 0 .1 U) '.9 5 ;IN wm.rl, 1 . , ~~2 tr 44- ./ #.... - 4 ..-5-i *-*, :,4·MIRm 0) .1 = 0 -:¤(v DC. 0 0 0 E B.N 1, 2." 'RE:Wip. - 1/~# 2- U.1 m 044 wi,905*21* 1- >-Ig C -I. -in#*465'48*1·+9-ENTD ; . r 1 1 W ./ 2 ·, , ..0-'.- -I.'Ip -g .52 . W . t.? 3 mill,d=@ii,-.=- 4 L. i 4 - ~,1 spuesn041 . 164.re,;4~te £*,f·-Ap#* 91*.c, 3 ~ 4.-, 4*M ·4: ft'*~ Al ".,4 '·-4¥, i,j~c··mc.k ....1 .... r D 2 T il · 4 7.6 -/ *AD'.; - · r:// ..1 ...., i-.f HAAA_, :E i p 'J zE€ + P - - --:..1.+ .. . , ...f .....4.=„.-Ci~~,L#1 2,~R=6.~.~-~.:~tl~~rY .',f.-.:.t=:Mi:.- U ~·.:1 · - 1 .. 11• ; 4 1 .*' 0 p.... 1 88888882 9000000 .m5NNE=g elopment Community Development Department 9002 '93 Xevy Jo sv 9003 '90 XeIAI Jo sv 9008 '92 ABIN 10 Sv Community Develop epartment Revenues Revenues Expenditures , $700,000 Budgeted $600,000 4 Expenditures 62'969$ - 000'009$ |~ 1 OSKS - 000'008$ 7 000'002$ -4- 000'00 LS ./ 0$ - 0$ 7- 00 LS Revenues & through M y $45,000 . $300 - . $800,000 4 oogs -2 09$ 909'02$ $40 000 -9- :1~ . .. GREGORY A. WHITE Attorney at Law North Park Place 1423 West 29th Street 970/667-5310 Loveland, Colorado 80538 Fax 970/667-2527 May 30,2006 Town of Estes Park Community Development Committee c/o Bob Joseph P O Box 1200 Estes Park, CO 80517 Dear Trustees: On May 4,2006, the Community Development Committee reviewed a Memo dated March 28,2006 from Community Development Director Joseph concerning free standing wood fired meat smokers with regard to the possibility of the Town of Estes Park adopting regulations to address their smoking activities within the Town of Estes Park. In that Memo, Community Development Director Joseph provided information to the Committee with regard to opacity standards for emissions adopted and regulated by the Colorado Department of Public Health and Environment. Following review of this Memo and discussion, the Community Development Committee requested a legal opinion from me addressing any legal limitations regarding the Town's consideration of regulating commercial wood fired meat smokers. The State of Colorado has adopted a comprehensive environmental and air quality control program as more fully set forth in Sections 25-7-101 et seq. Colorado Revised Statutes. These comprehensive regulations are required by and delegated to the State of Colorado pursuant to the Federal Clean Air Act. As set forth in Mr. Joseph's Memo of March 28,2006, the State of Colorado has adopted standards for opacity that regulate commercial wood fired meat smokers within the Town of Estes Park. Section 25-7-128 C.R.S. provides that the Town, as a municipality, is authorized to enact local air pollution Resolutions or Ordinances, subject to the following restrictions: 1. The Ordinance/Resolution shall be only adopted after comprehensive public hearings held on the proposed regulation including, but not limited to, the . .. 1.... .. right of any interested party to comment on the proposed regulation. Also, the approval of the regulation is subject to judicial review. In adopting any such regulation the Town's rule making procedure is required to Ihirror the State of Colorado's procedure. 2. The Colorado Department of Public Health and Environment retains its duty to enforce the State's emission standards and control regulations regardless of any local air control regulation. Any enforcement of a local air pollution regulation by the Town shall be concurrent with the enforcement of the State regulation by the Colorado Department of Public Health and Environment. 3. Any regulation to control emissions shall be at least the same as or more restrictive than the regulations adopted by the State. 4. Any local air pollution control regulation adopted requires review by the State of the regulation and coordination of State and local plans and programs for · pollution control. 5. In the event that Larimer County adopts a local air pollution resolution that is more restrictive than the Town' s regulation, the County regulation shall apply to the extent of any inconsistency. Due to the above listed matters, the fact that the State has a comprehensive regulatory program for emission standards and control, and the complexity of adopting and enforcing air quality control standards, it is my opinion that it is impractical for the Town of Estes Park to regulate this one area of air pollution control. If you need anything further, please give me a call. ft Truly~ours, / \ /60_ (22.634 (JAW/ldr Gr4+ A.White