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HomeMy WebLinkAboutPACKET Town Board 2003-09-23Prepared 09/16/03 **Revised 09/22/03 The Mlesion of the Town of Eetes Fark le to plan and provide reliable, 0&-3 hieh-value eervlcee for our citizene, vieitore, and employeee. We take 0rgat pride eneurind and enhancirl0 the quality of life In our community by being 0ood etewarde of public reeourcee and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, September 23,2003 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Anproval of): 1. Town Board Minutes dated September 9,2003. 2. Bills. 3. Committee Minutes: A. Utilities, September 11, 2003: 1. Light and Power Shop Asphalt Paving, Coulson Excavating, $14,400. 2. Fall River Tank Project Design/Construction Management Scope of Services, Cornerstone Engineering, $76,000. B. Public Works, September 18, 2003: 1. Knoll-Willows Trail, Phase I, $70,083.00. 2. Fish Creek Trail Change Order (increase to original bid contract), $56,600.00. **3. Lease for placement of Rooftop Antenna Dish on Municipal Bldg. 2. ACTION ITEMS: 1. ORDINANCE #16-03 - ADDING CHAPTER 7.18 TO THE MUNICIPAL CODE PERTAINING TO AN ANIMAL RESCUE OPERATION. Town Attorney White. 2. FULFILLMENT TASK FORCE REPORT/DISCUSSION. Assistant Town Administrator Repola and Task Force Member Peggy Campbell: · Task Force Presentation • Public Testimony • Town Board adjourn to Executive Session **REQUEST TO ENTER EXECUTIVE SESSION: (1) Conference with Town Attorney White for the purpose of receiving legal advice on the following specific legal questions under C.R.S. Section 24-6- 402(4)(b), and (2) For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under 24-6-402(4)(e). Motion: I move the Town Board go into Executive Session for a conference with Town Attorney White for the purpose of receiving legal advice under C.R.S. Section 24-6-402(4)(b), and determining positions relative to matters that may be subject to negotiations, etc. under 24-6-402(4)(e). • Return to Open Session for Town Board discussion. 3 TOWN ADMINISTRATOR'S REPORT. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 1 Town of Estes Park, Larimer County, Colorado, September 9,2003 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 9th day of September, 2003. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker David Habecker Lori Jeffrey-Clark G. Wayne Newsom Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: Stephen W. Gillette. Trustee Mayor Baudek called the meeting to order at 7:00 a.m. PUBLIC COMMENT None. TOWN BOARD COMMENTS None. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated August 26,2003. 2. Bills. 3. Committee Minutes: A. Public Safety, August 28,2003: 1. Town Board Goal #7 - Creation of Fire District - See Action Item #1 below. B. Community Development, September 4,2003 Special Events Dept.: 1. Resolution #9-03 - Authorizing Surprise Sale Days, October 11 and 12,2003. 2. Powder River Rodeo Productions, Inc. 3-Year Agreement (Stock Contractor for Rooftop Rodeo), $41,000/yr. 3. 2003-2004 Rooftop Rodeo Committee Appointments. Museum Dept.: 1. Museum Building Expansion, Part Il - See Action Item #2 below. 4. Estes Valley Board of Adjustment, August 5,2003 (acknowledgement only). 5. Estes Valley Planning Commission, August 19, 2003 (acknowledgement only). ' Board of Trustees - September 9,2003 - Page 2 6. Estes Park Housing Authority, August 13, 2003 (acknowledgement only). 7. Appointment of Bob Joseph, Community Development Dir. as the Town's designee to serve on the EVRPD Estes Valley Trails Committee for a one- year term, expiring 9/09/04. It was moved and seconded (Doylen/Newsom) the consent agenda be approved, and it passed unanimously. lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek opened the public hearing and stated that if the Applicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section where the public hearing will be conducted as follows: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny. 1. CONSENT ITEMS: 1. AMENDED PLATS. A. Amended Plat of Lot 2, Peaceful Pines Subdivision of Lot 3, Dannels Addition, Pentleton Homes/Applicant. B. Amended Plat of Tracts 59, 61, 62 and 63, Fall River Addition, Van Horn Engineering/Applicant. 2. PRELIMINARY CONDOMINIUM MAPS. A. East Riverwalk Condominiums, Preliminary Condominium Map/Amended Plat of Lot 1, Mountain Man Subdivision, Pika Properties, LLC/Applicant. 3. FINAL CONDOMINIUM MAPS: A. Vista Ridge Supplemental Condominium Map, Phase Il, Lot 1, Vista Ridge Subdivision, Estes Investors, LLC/Applicant. B. Park River West Condominiums, Supplemental Condominium Map Phase XI, Lots 1 and 2, Park River West Subdivision, Richard H. Wille/Applicant. C. Riverstone Condominiums 11, Preliminary and Final Condominium Map, Lot 2A, Replat of Lots 1 and 2, Block 3, Fall River Estates, David & Joanie Crockett/Applicants. 4. FINAL SUBDIVISION PLATS. A. Pawnee Meadow, Second Filing, Lots 4 and 5, Pawnee Meadow Subdivision, First Filing, Scott & Kim Miller/Applicants - Continue to October 14,2003. Citing "conflicts of interest" with Items 3.A. and 3.B. above, Trustees Doylen and Habecker requested these items be removed from the consent agenda and voted upon separately. It was moved and seconded (Newsom/Habecker) Items 1.A. & B., 2.A., and 3.B. be approved, and it passed unanimously. Board of Trustees - September 9,2003 - Page 3 It was moved and seconded (Jeffrey-Clark/Barker) Item 3.B be approved, and it passed with Trustee Habecker Abstaining. It was moved and seconded (Habecker/Newsom) Item 3.A. be approved, and it passed with Trustee Doylen Abstaining. 5. REPORTS: A. Presentation of Estes Valley Development Code, Portion of Block 7 Amendments. This Amendment includes modifying "Chapter 9. Planned Unit Developments." Public testimony will be heard during this meeting and the Public Hearing scheduled October 14, 2003. Community Development Dir. Joseph reviewed the proposed amendment that would allow small (800 s.f.) units to have fully equipped kitchens, while still being considered "guest units" for density purposes. These units would then require 1,800 s.f. of land area per unit, as compared to 5,400 s.f. of land per dwelling unit (full kitchen). No further action was taken pending the public hearing scheduled October 14th The Planning Commission favorably recommended approval of this amendment; however, action will be delayed pending the public hearing. There was no public testimony. 2. ACTION ITEMS: 1. TOWN BOARD GOAL #7 - FEASIBILITY OF CREATING A FIRE DISTRICT - APPROVAL. Fire Chief Dorman reported that the Public Safety Committee received a detailed report on the Goal Team's investigation on the feasibility of creating a fire district. In summary, a "service plan" must be submitted to the Larimer County Commissioners; said plan must contain the following: • The description of the property to be included; • Description of the proposed service; • Financial plan (how services will be financed, including revenue derived from property taxes); • Map of the special district, including an estimated population & valuation for assessment of the district; • A general description of the facilities to be constructed; • A general description of the estimated cost of acquiring land and operation services; • A description of any arrangement with any other political subdivision for provision of any services. The EPVFD has voted in favor of this proposal. Staff responded to questions posed by the Trustees that addressed: • In comparing municipalities of similar size, Estes Park is the only one that does not have a fire district; • In and of itself, the creation of a fire district may not have an affect in lowering fire insurance rates; • The proposed district boundary includes RMNP; however, as they will not be affected by the mill levy assessment, the district will not receive funding for fire mitigation in the Park. A Mutual Aid Agreement to provide services between the district and RMNP would be required. NO equipment can go off-road in Park. • Assurance that the EPVFD consists of top-flight personnel and equipment at this time. Creation of a district would provide and improve fire mitigation (satellite stations, training and the like) in the future. Board of Trustees - September 9,2003 - Page 4 • Mill Levy. The Town's General Fund has been strained for some time;. With the mill levy, funds previously allocated to the Fire Dept. could be allocated elsewhere. With implementation, everyone within the district boundary would pay equally regardless of whether the property is located inside or outside Town Limits. The proposed levy of 3.5 mills was arrived at pursuant to research of similarly sized communities. • An alternative plan has not yet been discussed should the election fail. • Implementation of the district would not require expansion/improvement of the existing water supply system. • The Team has established an election target date of November 2,2004. In conclusion, Mayor Baudek stated that fire service Is one of the basic services the Town needs to piovide. Operations must be c6nsidered on a futuristic level, and equalization will result in a reduced tax burden for all. There were no public comments, thus it was moved and seconded (Newsom/Habecker) the Fire District Action Team proceed with establishment of a fire district, that includes drafting a service plan, and soliciting an RFP from a qualified consultant to evaluate the public information/input necessary for a positive result in the election. 2. MUSEUM BUILDING EXPANSION, PART 11 - REQUEST APPROVAL TO PROCEED. Following consideration of this item, the Community Development Committee requested further detail be presented to the Town Board. Museum Director Kilsdonk and Thomas Beck presented the Part 11 Scope that includes final design, construction costs, builder and constructionmanagement fees, and the guaranteed maximum price. Construction is expected to begin in November, with completion by June, 2004. The Part Il Design/Build Contract is $339,103, and,staff is seeking authorization to proceed with construction. Thomas Beck presented the scope and proposed expansion. Discussion followed, with confirmation that staff is seeking approval of the Part Il total totaling $339,103. As.$10,500 was previously awarded, the total contract amount is $349,603. It was moved and seconded (Doylen/Jeffrey-Clark) the Part 11 of the Design/Build Contract in the amount of $339,103 be approved, and it passed unanimously. 3. TOWN ADMINISTRATOR'S REPORT. Drilling rias/Olvmous Dam. The Bureau of Reclamation will be conducting a standard comprehensive facility review below the Olympus Dam in the Wapiti Meadows area. This review will necessitate closure of a portion of the Lake Trail for approximately one week. Petition - "No More Rock Concerts". A petition was delivered 9/5 containing the signature of approximately 18 families. The petition generally addressed highly amplified noise audible for miles, and requested there be no more rock concerts. The petition will be referred to the Community Development Committee as a Special Events Dept. discussion item for evaluation. The event organizer has not yet notified the Town of his return. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 7:50 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, September 11, 2003. Minutes of a Regular meeting of the UTILITIES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 11 th day of September, 2003. Committee: Chairman Jeffrey-Clark, Trustees Gillette and Newsom Attending: Chairman Jeffrey-Clark and Trustee Newsom Also Attending: Town Administrator Widmer, Public Works Director Linnane, Utilities Supt. Goehring, Town Attorney White, and Deputy Clerk van Deutekom Absent: Trustee Gillette Chairman Jeffrey-Clark called the meeting to order at 8:00 a.m. LIGHT AND POWER DEPT. Light and Power Shop Asphalt Paving - Request Approval. Director Linnane reported that the Light and Power Shop parking lot has never been overlaid or chip sealed since its construction in 1990. The parking lot is approximately 2400 square yards and will require approximately 200 tons of asphalt. Coulson Excavating submitted a bid to prepare and asphalt the lot at a cost of $14,400. The budget includes $15,000 for this project and construction would begin within the next 2 weeks. The Committee recommends approval of the bid in the amount of $14,400 submitted by Coulson Excavating. 5-Year Financial Plan - Presentation. John Gallagher of Black and Veatch presented the Light & Power 5-year Financial Plan. Included in this plan are the revised 2003 and 2004 budget figures submitted by staff for Town Board review. The 5-year Capital Improvement Projects include: • Recommended rate increases of 3.9% for the years 2005 through 2008. The adopted 6.2% rate increase for 2004 still applies. This rate will be in addition to the proposed 2004 PRPA rate increase (Purchased Power Rider) discussed at the May and June meetings. • $50,000 annual conductor line/system improvements • $70,000 annual meter replacements (2005-2007) • $70,000 annual street light project • $600,000 fiber optic project (linking Estes Park to Loveland). The preliminary plan projects: 1) an annual year-end surplus beginning in 2006; and 2) a fund balance of approximately $2.7 million in 2008. The Committee recommends adoption of the preliminary 5-Year Financial Plan as presented. This financial plan will be the basis for a Cost of Service Analysis/Rate Study planned for next year. Reports > Monthly Financial Report. The Light and Power Financial Reports and associated graphs for August were reviewed. * Misc. Projects Update. None. WATER DEPT. Cost of Services/Rate Studv - Presentation. John Gallagher of Black and Veatch presented and discussed the Cost of Services Analysis for the Water Rate Study. The Study proposes extension of the 2.9% rate , RECORD OF PROCEEDINGS Utilities Committee - September 11, 2003 - Page 2 increase (previously adopted for the years 2004,2005 and 2006) for 2007 and 2008. A fund balance exceeding $1.1 million is projected for each year with a maximum fund balance of $2.4 million estimated for 2008. Discussion was held regarding rates, reserves, projected growth, capital improvement projects, waterline replacement, and accountable water. Concluding all discussion, the Committee recommends adoption of the preliminary Cost of Services Analysis/Water Rate Study as presented, extending the 2.9% rate increase for 2007 and 2008. Staff anticipates Black & Veatch presenting the final Water Rate Study for approval in October or November. Fall River Tank Project Design/Construction Management Scope of Services - Request Approval. The Committee previously approved a high zone water tank to be located adjacent and north of Hwy. 34 near the north entrance to Rocky Mountain National Park (MacGregor Mountain Lodge property). Design and Construction Management Scope of Service and construction costs have been included in the proposed 2003 and 2004 budgets (construction of the tank was originally budgeted in 2003, but was placed on hold due to the cost of the Marys Lake Raw Water Pump Project). Easements have been negotiated and the hydraulic analysis supports the location and elevation by increasing the "blue line" in the Fish Hatchery Road and Fall River Road area from 7,850' to 8,055'. Cornerstone Engineering submitted a Design/Construction Management Scope of Services at a cost of $76,000. Following approval of the Scope of Services, completion of the project design and submission of bids is expected by the end of October. Construction is anticipated to begin January 2004 and Director Linnane noted that presentation of the bid results is anticipated at the November meeting. The Committee recommends approval of the Scope of Services submitted by Cornerstone Engineering at a cost of $76,000. Windy Gap Water Rights Exchange - Request Approval. Attorney White reported that Glacier View Water System, Inc., a group of homeowners located just outside Town limits, submitted a request to exchange l CBT unit for 1 ac. ft. of Town-owned Windy Gap'water to augment their existing water system. The request also includes a 20-year renewable lease contingent upon approval by both parties. The cohipany will install a bulk rate meter and connect to the Town's system, at their expense, should the Town's water main become contiguous to their property and will pay to the Town an annual maintenance fee of $350 (the only monetary exchange between parties). There is no budget implication with this request and the transaction does not impact the Town's existing water rights; therefore, the Committee recommends approval of the request as presented. Reports > Monthly Financial Report - Water. The Water Financial Reports were reviewed. ~ Miscellaneous Proiects Update. 1) The Marys Lake Raw Water Pump Station project - completed. 2) Glacier Creek Filter Upgrade - completing the construction punch list. There being no further business, Chairman Jeffrey-Clark adjourned the meeting at 8:40 a.m. Rebecca van Deutekom, CMC, Deputy Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, September 18, 2003 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 18th day of September, 2003. Committee: Chairman Barker, Trustees Doylen and Habecker Attending: Chairman Barker, Trustee Doylen Also Attending: Town Administrator Widmer, Public Works Director Linnane, Utilities Supt. Goehring, Const. Mgr. Sievers, Elec. Engr. Matzke, Clerk O'Connor Absent Trustee Habecker Chairman Barker called the meeting to order at 8:00 a.m. KNOLL-WILLOWS TRAIL, PHASE 1 - REQUEST AUTHORIZATION TO PROCEED WITH CONSTRUCTION. Public Works Dir. Linnane presented the Construction Scope of Services for Phase 1, and it includes: • Upper trail - 451 L.F. • Lower trail - 700 L.F. • Lower trail - bridge Community Development Dir. Joseph reported on construction specifics, as follows: > The north parking area is now roughed-in; h The vegetation & topsoil have been removed & stockpiled for redistribution on this site; > The trail surface is andosite tread material; > The upper trail portion is nearly complete from the parking lot up to the existing ruins. The basic approach of this project was to construct a section of the trails on a time/materials basis to ascertain project costs; staff now believes the existing budget is adequate to construct the trail in its entirely, although, some funds will be expended in 2004. The next phase (lower portion) of the project begins at the Municipal Building parking lot and extends to the existing cabin, and it includes a footbridge. The Knoll Citizen's Advisory Council has not finalized design details; however, Mike Todd/Cornerstone Engineering is proposing a "site-built" bridge that is not prefabricated to include log facing, wood deck, steel supports, and wood railing, approximately 5' wide x 20' long that would represent the existing character of the area, such as the structures, etc. The cost of the bridge is $31,000, and the Committee questioned this cost, future maintenance expenses with this type of bridge/design vs. a standard "continental" bridge with steel ailing. Construction costs: • Upper trail - 451 L.F. and misc. $18,484 • Upper trail - gate, parking blocks and misc. 4,158 • Lower trail - 700 L.F. and misc. 14,400 • Lower trail bridge 28,800 Subtotal: $65,842 RECORD OF PROCEEDINGS Public Works Committee - September 18, 2003 - Page 2 • Hydraulic analysis 2,200 • Performance bond 2,041 Total: $70,083 Budget remaining = $110,000 Additional discussion followed on the possibility of extending the proposed sidewalk to the MacGregor Ave./Hwy. 34 intersection, a proposed gate, and interpretative signage, with the Committee recommending that, with exception of the bridge, staff be authorized to proceed with Phase I construction in the amount of $70,083 so as not to delay construction, with staff providing final project design, including bridge design and costs, at a future Public Works Committee meeting. BUSINESS OWNER REQUEST FOR PLACEMENT OF SMALL ROOFTOP ANTENNA DISH ON MUNICIPAL BUILDING - REQUEST APPROVAL OF LEASE. Dan Fitzpatrick/ESTESVALLEY.NET, provider of private internet services, appeared requesting approval to install and operate a wireless Ethernet antenna on the roof of the Municipal Building. This antenna would be used to provide a point-to point connection from the Municipal Building to ESTESVALLEY.NET's office located at 401 East Elkhorn Avenue. Staff confirmed that the dish would not be visible from any street location; the size is 24" high x 17" wide; and the standard lease has been provided by Town Attorney White. Highlights of the proposed lease agreement include: 1. Four year term (four one-year leases) renewable annually. 2. $50/month lease payment. 3. Lessee will pay all installation and maintenance costs. 4. Town will provide electric supply, up 15 amps at 120 volts. 5. Lessee's equipment may not interfere with existing or future Town equipment. 6. Non-exclusive, Town may honor similar requests. The lease payments will provide $600 annual revenue, and the Lessee will pay all installation costs and provide for all maintenance for their equipment. Discussion followed on future requests and precedence setting, with staff noting that they do not foresee a demand of this nature; an existing internet provider, "Airbits", is already connected to the PRPA fiber optic line. The Committee recommends approval of the request, amending the lease to one year, evaluating same at the end of the one-yr. term, striking the 4 one-year renewals, adding a clause to allow the Town to end the lease if needed, that, all of which may be presented directly to the Town Board for their approval, in lieu of returning to the Public Works Committee. FISH CREEK TRAIL CHANGE ORDER #4 TRAIL RELOCATION/CREEK CROSSING, MISC. Pursuant to the engineering flood plain oversight discussed at the previous committee meeting, Dir. Linnane reported: 1. A pedestrian bridge, 12' wide x 25' long, "Continental type" (similar to existing trail bridges) will be located at the south creek crossing; $31,000. 2. An easement along the original location south of the 18-hole golf course could not be obtained. Therefore, the trail was relocated to the Fish Creek right-of- way, with an attached curb and gutter and 8-ft. sidewalk. The change order cost estimate: $24,000 (addition 200' more trail then originally proposed). 3. The Church and Van Horn easement change order for the negotiated fence is $1,600. RECORD OF PROCEEDINGS Public Works Committee - September 18, 2003 - Page 3 There are sufficient funds in the Community Reinvestment Fund to support the change order as described above. The Committee questioned whether staff has reviewed the plat process to avoid similar oversights in the future? Staff understands that, yes, easements and trail construction are being reviewed in-house, and requests for construction of trails are presented as soon as practical. Additional discussion followed on an incentive for applicants to invest in infrastructure, with staff reporting such a mechanism has not been established. There being no further discussion, the Committee recommends approval of Change Order #4 in the amount of $56,600 as submitted. REPORTS. Municipal Building Remodeling Project - Update. Pursuant to on-going negotiations concerning contractor fees, staff reported no further action is being requested at this time, and this agenda item will be continued to the next Public Works Committee meeting. The Scope of Services for the Part 2 Design/Build Services for the Municipal Building Remodeling Project includes preparation of the Final Design and Guaranteed Maximum Price and fees to the General Contractor for construction. The Preliminary Guaranteed Maximum Price is $478,000, which includes architect and contractor fees. Staff noted that proposed future phase lobby improvements, unanticipated concrete demolition, miscellaneous changes to the restrooms, and Finance Department office space changes have been added to the Scope of this project. Asphalt Overlay Project Schedule and Shady Lane Line Item. Const. Mgr. Sievers noted that the contractor will be mobilizing equipment within the next week, and work should be completed by late October. Additionally, he requested the Shady Ln. portion of the previously approved Overlay Project be postponed for a minimum of one year for utility upgrade/maintenance prior to paving. Following discussion, the Committee supported staffs decision to postpone the Shady Ln. line item as described above. Gateway Sign Update. The stone replacement selection has been made; when it is delivered, installation should be instantaneous and the project will be completed. There being no further business, Chairman Barker adjourned the meeting at 9:11 a.m. Vickie O'Connor, CMC, Town Clerk Administration Department Memo To: Honorable Mayor Baudek Board of Trustees/~0 From: Rich Widmer -,72*00'0'~ Town Administ~*r Date: Septemberk€2003 Subject: Fulfillment Task Force Recommendations Background. As you know, The Fulfillment Task force has been meeting since July 16, 2003 to meet their charge of recommending future directions for the Town's fulfillment program. A total of 8 public meetings have been held, usually with an audience of 25 - 30 interested citizens in attendance. The Task Force members created 7 "strawmen" models of possible solutions, 2 more were submitted by non- Task Force members. All 9 were reviewed by the Task Force and then compiled into one document by co-facilitator Peggy Campbell. The Strawman Compilation/Commonality Analysis was reviewed by the Task Force at 2 meetings to determine the recommendations that are shown on the attached document. I would like to publicly acknowledge the contributions of all the Task Force members and thank them for their time and effort during a busy summer season to attend meetings and grapple with this difficult subject. They are Al Wasson, Bruce Grant, Deeva Boleman, Don Cheley, Jeff Barker, Judy Haggard, Kathy Asche, Kent Meyer, Peggy Cambell, and Ted Williams. I also thank Town staff Tom Pickering, Peter Marsh, and Randy Repola for attending all the meetings and especially to Tom and Randy who visited 4 resort communities and compiled an excellent report of the fulfillment activities and chamber relationships in those towns. Budget Budget implications are unknowable at this time but could be significant. Action Co-Facilitator Peggy Campbell will present the Task Force Recommendations. These recommendations are a combination of policy and technical matters. Staff will be available to answer questions on the recommendations, as you require. To: Honorable Mayor Baudek and Board of Trustees From: Estes Park Fulfillment Task Force Rich Widmer - Town Administrator, Jeff Barker -Trustee, Kathy Asche, Deeva Boleman, Peggy Campbell, Don Cheley, Bruce Grant, Judy Haggard, Kent Meyer, Al Wasson, Ted Williams Date: September 17, 2003 Subject: Fulfillment Task Force Recommendation Overview: At a retreat on June 4,2003, the Mayor and the Town Trustees agreed to appoint a "Blue Ribbon Committee", later referred to as the "Fulfillment Task Force". The purpose of the Fulfillment Task Force was to examine the fulfillment activities of the Town of Estes Park's advertising program and recommend future directions (see 'Fulfillment Task Force Description' document dated July 2003). This memorandum outlines the Fulfillment Task Force recommendations. Long-Term Recommendation: 1) Broaden the Overall Vision and Marketing Strateqv for Greater Estes Valley area. The Town should define a broader and more specific vision and strategic plan for the future t of Estes Park. Questions such as 'where do we want to be in 3, 5,10 years, etc.'? and 'how do we get there'? should be analyzed and defined. The Town should empower a working task force or authority to study and develop this new vision and plan, perhaps a newly created Marketing Board. The skill set required to accomplish this should be determined, as the process of selecting the team members should be skills driven. All members should be proactive, forward-thinking, and open-minded people who approach this process with an attitude of "how do we get this done?" An attitude of "how hard is this going to be?" or too much focus on stumbling blocks should not be tolerated except as part of problem-solving strategies. Input from all interested parties should be actively solicited, and relevant existing plans should be reviewed and incorporated. The vision should lead to: a) Identifying methods to increase revenue b) Defining our 'product' and message c) Attracting more visitors d) Attracting the right businesses e) Improving infrastructure f) Creating a healthy and cooperative cultural climate Specific areas of focus must include: • Aggressively analyze Home Rule program, include cost/benefit analysis, identify constraints, resolve issues, and create conversion plan with specific timeframes. • Analyze Marketing District program, action items same as 'Home Rule' above. • Analyze Annexation possibilities with action items same as 'Home Rule' above. Fulfillment Task Force Recommendation September 18, 2003 Page 1 2) A best-in-class Chamber of Commerce is essential for Estes Park. Like the traditional US Chamber model, the focus should not only be on fulfillment services, but also be on attracting and assisting new businesses, serving and assisting the existing business community, and servicing visitors. Ultimately, a first-rate Chamber of Commerce should be independent from the Town but must have a strong and healthy working partnership with the town in order to be successful - effective communication is critical. Short-Term Recommendation: 1) Create a Town appointed and funded Marketing Board to provide direction and management of all marketing and fulfillment activities. The Town should make the necessary human resource and financial commitment. The Marketing Board will be responsible for creating an Estes Valley marketing business plan. The Marketing Board would be set up similar to- a Marketing District Board and could become such if that decision is made. If practical, members should include an EPCRA Board member, a town trustee, and/or a town official. However, the skill set required should be determined, as the process of selecting the team members should be skills driven. Each member must be proactive, committed, innovative, and cooperative. As part of this process, the Marketing Board should analyze all applicable plans and documents, including all documents distributed and reviewed as part of the Fulfillment Task Force recommendation process. There should be a single leader who is ultimately accountable and responsible for issue resolution. The Marketing Board would interface with the EPCRA. 2) * Extend the contract with the EPCRA for three months, beginning October 1, 2003, and ending December 31, 2003. The terms of the short-term contract should include basic expectations, criteria, performance metrics, and a communication process. The contract needs to be finalized by September 30,2003. 3) The short-term contract should include' the Visitor Center, 1-800 Call Center and the 2004 Vacation Planner. 4) The EPCRA would continue to operate the Web with respect to distributing leads and responding to emails. Anv website modifications would be put on hold, until the strategy and business requirements are defined. The Marketing Board would be responsible for pursuing development of a website. 5) During the three month period beginning October 1, 2003 and ending December 31, 2003, the newly appointed Marketing Board would , create a detailed business plan to include specific goals and an associated action plan for the website, the Visitor Center, the 1-800 Call Center, the 2005 and beyond Vacation Planner. Longer-term vision and goals need to be incorporated into this process. In addition, a new comprehensive fulfillment contract would be created that would include detailed criteria and specific performance metrics. This one year contract would cover the period of time beginning January 1, 2004 and ending December 31,2004. * Note: Task force members are not unanimous on this recommendation. Deeva Boleman wants a longer-term contract, particularly as it relates to the operation of the Visitor Center. Fulfillment Task Force Recommendation 3 September 18,2003 Page 2 6) The goal would be for the Town to engage in a one-year contract with the EPCRA, beginning January 1, 2004, and ending December 31, 2004, assuming the following: if within three months (October 2003 through December 2003), the Town felt that the EPCRA was performing up to expectations as defined in the three month short term contract, and if communication between the Town and the EPCRA was open and ongoing, then the new one year agreement would be discussed with the EPCRA as soon as practical. If the EPCRA indicates that they could support all aspects of the new contract, then the Town and the EPCRA would engage in the new one-year contract, effective January 1, 2004, and expiring December 31, 2004. If the EPCRA does not meet expectations within the October 2003 to December 2003 timeframe, or if the EPCRA can not meet the terms of the new one year contract, then the town will pursue other options and fulfillment services provided by the EPCRA would cease December 31, 2003. * Equalization Fee Recommendation: Until longer-term solutions are implemented (ex, annexation, marketing district), a "dual fee" structure should be implemented. An equalization fee should be simple, easy to define, easy to implement, easy to understand from a participant's point of view, and be an amount that is reasonable for services purchased. A dual fee structure also would allow participants to plan their annual budgets since it's a fixed cost. This structure would also eliminate the issue of what to charge to new businesses, not for profits, etc. All incremental dollar amounts collected would to toward the Town's marketing programs. The following is an example for illustrative purposes only. Actual dollar amounts and any proposed increases need to be determined. "The Greater Estes Valley Area Marketing Menu" Service In Town Boundaries Our of Town Boundaries Brochure Rack $100 $ 200 Phone Referral Subscription $300 $ 500 Lodging Leads $500 , $1,000 Small Ad in Fulfillment Piece $500 $ 750 Large Ad in Fulfillment Piece $750 $1,250 Late payment and/or non-payment would result in cessation of services. * Note: Task force members are not unanimous on this recommendation. Deeva Boleman does not agree. Fulfillment Task Force Recommendation September 18, 2003 Page 3 Common Points Identified: 1. There is severe lack of effective communication, trust, and cooperation between the Town and the EPCRA, which leads to an ineffective working relationship. 2. Any contract between the Town and its Fulfillment vendor must clearly define roles, responsibilities, and measurable performance criteria. Roles and responsibilities between the EPCRA and the Town are not clearly defined. 3. We must correct the view that our competition is each other; our competition is in fact, other resort communities going after our market share. 4. The Visitor Center and the 1-800 Call Center were the least contentious of the four fulfillment functions. However, all felt that improvements are needed (ex, defining roles and responsibilities, increasing staff levels, upgrading phone service, increasing hours of operation, etc.) 5. A key reason the visitor information center is running well, is due to the Ambassadors who so generously volunteer their time, energy, and knowledge of the Estes Valley area. The Ambassadors should be acknowledged for their past service and should be encouraged to continue to serve in the future of the visitor center operation whether it continues to be operated by the EPCRA, whether it is operated by the Town, or whether the operation is contracted to a new vendor. 6. The Chamber Website was widely viewed as the single most important marketing tool in attracting visitors to Estes Park. Most agreed that the town should provide whatever financial support is necessary to have a best in class competitive website. 7. The 2004 Vacation Planner is well underway, and most agreed that little or no changes should be made at this time. There were suggestions to improve or revamp the piece, but all agreed this should be addressed for the 2005 piece. 8. There is currently a lack of equity in financial participation between businesses within the Town of Estes Park boundaries and businesses outside of the Town boundaries that are still within the greater Estes Valley area. Equalization must be addressed in some form. Vacation Planner Production & Distribution a) Distribution by mail is too slow. The length of time between user request and receipt is probably leading to reduced conversion. b) The piece should also be readily accessible on the web site in a format that can be downloaded by the user. c) The advertising included in this fulfillment piece should cover the cost of the production and distribution while generating a revenue source. Fulfillment Task Force Recommendation September 18, 2003 Page 4 Website Development & Maintenance a) The website is the single most powerful marketing tool available to us at this time. b) The website needs to be more feature and content rich in order to compete with other resort communities. c) Funding for the costs in this project could be reduced by charging for tasteful advertising on the site, reciprocal links between commercial entities and the site, and a "retail store" on the site, for examples. d) Through comprehensive analysis, the Marketing Board may at some point recommend that the town offer to purchase the current website from the EPCRA. If the EPCRA is unwilling to sell the current website, the Town could begin an RFP process to develop and launch a new, first-class site that sells the greater Estes Valley area as the best destination in Colorado. The RFP process should be limited to vendors that can offer references and credentials that demonstrate excellence in this marketing and technical field. Fulfillment Task Force Recommendation September 18, 2003 Page 5 Dissenting Opinion - Fulfillment Task Force Recommendation Deeva Boleman, Estes Park Chamber Resort Association (EPCRA) September 18, 2003 It was my hope that a recommendation would result from the work of the task force that would be acceptable in its entirety for both the Town and the EPCRA. It therefore baffles me that a recommendation has been made, regarding the equalization fee, that is so unrealistic. The Town (or any other entity) has no authority to dictate the dues and fees for services charged by the EPCRA -- an independently incorporated non-profit. There is already a structure in place that provides fixed costs for dues in all categories of membership and for all services offered by the EPCRA. The EPCRA has never had an argument with the idea that the Town has the right to place a value on, and sell, a product that it can substantiate as its own (the leads generated by its advertising). There were other recommendations that, in my opinion, more realistically dealt with this issue than that of a dual fee structure. It is also my opinion that if the Town wishes to stabilize the relationship with the EPCRA, an extension of the lease for the information center building, through at least 2004, would demonstrate that sincerity. It is extremely difficult for the EPCRA to carry out its business and do any meaningful planning with only a tentative, month-to-month arrangement. It seems that the longer-term lease would also be of benefit to the Town government and the community in that it would insure uninterrupted operation of the information center. Without something more substantial than a month-to-rnonth lease the EPCRA cannot continue to incur certain costs associated with operation - and preparation for operation after January 1, 2004 - of the information center. With its demonstrated ability to leverage funds and an overlap of member/visitor/fulfillment (Town) services the EPCRA can provide cost-effective operation of the information center. General consensus among task force members seemed to be that visitor center operation by the EPCRA has been satisfactory. I believe rny position in general, and that of the EPCRA, is clear. Effective free enterprise and a healthy entrepreneurial community cannot thrive in an environment where local government's attitude is such that it feels it can keep its thumb on the organization which represents those who embrace that entrepreneurial spirit and are the source of the town's revenue. The EPCRA represents more than 400 businesses and multiples of that number in terms of taxpayers and voters. I believe that a forward-thinking, truly representative governrnent will work to nourish that entrepreneurial spirit and advocate collaboration, ratherthan create division between itself and its business community. That division and the issues surrounding it create a counter-productive distraction. While our focus is turned toward that distraction, our true competitors - other resort communities - are running away with the prize: our potential visitors/custorners and the revenue they generate. The EPCRA advocates cooperative community efforts to market the Estes Park area. A working relationship between the Estes Park Chamber Resort Association and the Town of Estes Park should be based on a formal business agreement that defines a collaborative partnership for marketing and fulfillment services but does not interfere with the autonomous operation of either entity. I appreciate the time and commitment that task force members have given to this process and hope that io the future we can all work together to make our community all that it can be. Deeva Boleman, Executive Director Estes Park Chamber Resort Association SPEAKER SIGN-IN SHEET ACTION ITEM #1 - FULFILLMENT TASK FORCE TOWN BOARD MEETING SEPTEMBER 23,2003 Maximum testimony: up to 3 Minutes/ea. GROUP SPOKESPERSONS ARE ENCOURAGED TELEPHONE NAME (PLEASE PRINT) STREET ADDRESS NUMBER :32:30. 470- 25'.No :38:/8 4 1 0 3, 3 g"fvi .ar tp 159(0.fols-l P - :37 60 40( e . 8-1<Ale,-3 5-9-6--05~44 3 - 0 2*I,z 862c-7 4)*01 tokt-t k ; 4/: 45- !150 0 , E\*14 +vi f¢4-36 1-7 5 1 244*00 /614 Pe/7 12/1,2,< fw Ci,1 +0 Q, 4 1,£4 , 4r 6 - 4 1-19 1> :91:30 6 CA'(,4 ~~, 4 ta L- : 5-3 /5. 6-4811 7k :53:30 Epc-(2.A 1.)€€UCL Sole~.c#,3 :59:41 100: DO 8 6.jaulne. C.ki RA : 04: 15 123.-: e. 34 0 bALAT 6+ 1 495. :09=36 .110 5,9. 10 R. D rm e Pre +Cit*4 Gro 5. 9-1.- drai v S 96 -03 -99 '61,00 : 11 13.5- : /3 -35 12 13 14 15 . Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director Date: 9-18-03 Subject: Animal Rescue Ordinance Background. The existing regulations to do not provide for the small scale operation of animal rescue as an accessory use in residential zoning districts. This ordinance would provide for limited animal rescue accessory use as follows: An animal rescue operation is the not-for-profit care, short-term boarding, and active searching for placement in appropriate foster homes of abandoned dogs. Said operation is an accessory use in a single-family residential zoning district of the Town. 7.18.030 Restrictions The boarding of dogs in an animal rescue operation within the Town pursuant to this Chapter shall be subject to the following restrictions: a. No more than eight (8) dogs may be boarded at any one time on the property. b. The holder of the license must be the owner or occupant of the property on which the animal rescue operation is being conducted and at all times must be the occupant o f the residential structure on the property. c. The holder of the license must be affiliated with a local non-profit organization or a local veterinary clinic for the purpose of receiving locally abandoned dogs. Budget. None. Action. Adoption . ORDINANCE NO. /6 -43 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK BY THE ADDITION OF CHAPTER 7.18 WITH REGARD TO ANIMAL RESCUE WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town to adopt an Ordinance allowing owner or occupant of real property within the Town to maintain an animal rescue operation for dogs as an accessory use under the following terms and conditions of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. The Municipal Code shall be amended by the addition of Chapter 7.18 as follows: 7.18.010 License Required Every person desiring to maintain an animal rescue operation in the Town as an accessory use in a single family residential zoning district shall obtain a license from the Town. 7.18.020 Definition An animal rescue operation is the not-for-profit care, short- term boarding, and active searching for placement in appropriate foster homes of abandoned dogs. Said operation is an accessory use in a single-family residential zoning district of the Town. 7.18.030 Restrictions The boarding of dogs in an animal rescue operation within the Town pursuant to this Chapter shall be subject to the following restrictions: a. No more than eight (8) dogs may be boarded at any one time on the property. b. The holder of the license must be the owner or occupant of the property on which the animal rescue operation is being conducted and at all times must be the occupant of the residential structure on the property. c. The holder of the license must be affiliated with a local non-profit organization or a local veterinary clinic for the purpose of receiving locally abandoned dogs. 4 , ; 4 1 d. Any other dogs residing on the property shall count against the eight (8) dogs set forth in Sub-Section a. above. In no event shall more than eight (8) dogs be maintained on the property at any time. 7.18.040 Violations a. Violation of any of the terms and conditions of Section 17.18.030 above. b. Any violation of Section 7.12.040 Dogs Running At Large, Section 7.12.110 Dog Waste Remgval, and Section 7.12.120 (a) Disturbance of Neighborhood of the Municipal Code. 7.18.050 Revocation of License The Town may revoke the license of any animal rescue operation for a violation of anyprovision of this Chapter as follows: a. The Town Clerk upon the receipt and verification of any violation of this - chapter, shall give written notice to the holder of the licens@ that a violation has occurred. b. Upon the receipt and verification of any subsequent violation of the terms and conditions of this Chapter, within two (2) years of the date of the written notice set forth in Subsection a above, the Town Clerk shall revoke the license by giving written notice to the holder of the license. Said revocation shall be for one (1) year from the date of the notice. c. A license may be reinstated following the one (1) year revocation period upon written application by the owner or occupant. d. Upon the receipt and verification of any subsequent violation of the terms and conditions of this Chapter within two (2) years of reinstatement, the Town Clerk shall revoke the license by giving written notice to the holder of the license of the revocation of the license. Said revocation shall be for two (2) years from the date of the notice. e. Upon revocation of the license, the holder's right to operate an animal rescue on the property shall terminate. 7.18.060 Exemption The holder of the animal rescue license shall be exempt from the provisions Section 17.12.080 Animal Restrictions. Section 2. This Ordinance shall take in effect and be enforced thirty (30) days after its adoption and publication.