Loading...
HomeMy WebLinkAboutPACKET Town Board Study Session 2017-02-14 Tuesday, February 14, 2017 TOWN BOARD 4:30 p.m. – 6:40 p.m. STUDY SESSION Rooms 202/203 4:30 p.m. Review of the 2017 Street Improvement Plan (STIP). (Eng. Stallworth) 5:00 p.m. Dinner. 5:15 p.m. Municipal Code Changes: (Town Attorney White, Chief Kufeld and Captain Rose)  Wildlife Protection Ordinance  Snow and Ice Removal  Animal Ordinance  Disorderly Conduct Ordinance  Panhandling Ordinance 5:30 p.m. Town Government Role in Economic Development as it Relates to the Estes Valley EDC and other Organizations. (Town Administrator Lancaster) 6:20 p.m. Trustee & Administrator Comments & Questions. 6:30 p.m. Future Study Session Agenda Items. (Board Discussion) 6:40 p.m. Adjourn for Town Board Meeting. Informal discussion among Trustees concerning agenda items or other Town matters may occur before this meeting at approximately 4:15 p.m. AGENDA 1       2 Memo To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Kelly Stallworth EI, Pavement Manager Greg Muhonen, PE, Public Works Director Date: February 14, 2017 RE: 2017 Street Improvement Plan Objective: Provide the Board an update on the 2017 Street Improvement Program funded by the 1A Tax Initiative. Present Situation:  In 2014, the citizens of Estes Park passed Ballot Issue 1A with a portion of the proceeds of this tax going towards street improvement in the Town of Estes Park.  A goal was set to raise the system-wide Pavement Condition Index (PCI) to above 70 by the end of the term of the tax in 2024.  The Public Works Department has evaluated to impact that the projected 1A tax revenue would have on the system-wide PCI through the year 2024.  The Public Works Department has confirmed that the projected revenue generated by the 1A Sales Tax is likely adequate to raise the system-wide PCI to about 70 by the year 2024 (barring any major escalation in construction materials & labor costs). Proposal: For 2017, the proposed spending is: $1,000,000 - MacGregor Avenue Improvements ($450,000 for street improvements, $300,000 from the Open Lands fund and $250,000 from the 1A Trails Expansion Fund for the proposed trail improvements) $100,000 - Crack Sealing Town streets $400,000 - Seal Coating 5 miles of Town streets $400,000 - Hot Mix Asphalt overlay on 0.9 miles of Town Streets $200,000 - Personnel, equipment, etc. $70,000 - Design Costs (Note: a 10% contingency is included in the proposed project work). PUBLIC WORKS 3 Advantages:  This plan continues the work set forth in the 2016 update to the 2024 STIP plan.  Implementation of this plan will result in improved road conditions throughout Town, leading to higher citizen and guest satisfaction.  This plan includes extensive preventive maintenance, which will impact a larger percentage of the roads in Town as opposed to only focusing only on major projects.  The entire road system is predicted to have an average PCI rating above 70 by the end of this program. We are on track to reach this system-wide average score by 2019. Disadvantages:  Increased construction during the course of the program will produce detours and delays for motorists during the construction periods.  Although the average system wide PCI will be above 70 in 2024, there will be a portion of roads with PCI ratings below 70. Action Recommended: Review the proposed 2017 Street Improvement Program. Provide comment and direction on the allocation of funds outlined in the plan. Budget: These proposed street improvements are funded through the Street Improvement Fund (fund 260). The proposed adjacent trail improvements are funded with Larimer County Open Lands Funds (fund 220) and 1A Trail Expansion Funds (fund 244). Note: the adopted 2017 budget shows a Street Improvement Fund reserve fund balance of $740,783 to allow for potential TABOR Reserve reimbursements anticipated at the time of budget approval. Subsequently, the Town Board voted to provide a TABOR refund of $251,369 from the Street Improvement Fund. The Public Works Department will be asking the Town Board to approve a budget amendment in the amount of $450,000 to fund the proposed improvement to MacGregor Avenue shown above. Level of Public Interest The known level of public interest in this item is high. Sample Motion: No motion for action is required at this Study Session. Attachments: 1. 2017 Street Improvement Program slideshow. 4 2/10/2017 1 Town of Estes Park Street Improvement Program Town of Estes Park Street Improvement Program Develop and implement a street improvement program to raise the average Pavement Condition Index (PCI) of the Town of Estes Park to a value of 70 by the year 2024 5 2/10/2017 2 Estes Park Streets System Overview 2012 PCI Rating - 69 2015 PCI Rating - 65 Estes Park Streets System Overview 2008 PCI Rating - 81 2016 PCI Rating - 67 6 2/10/2017 3 PCI Example - 100 PCI Example - 85 7 2/10/2017 4 PCI Example - 72 PCI Example - 63 8 2/10/2017 5 PCI Example - 53 PCI Example - 35 9 2/10/2017 6 2016 Street Improvements Dry Gulch Road Rehabilitation 2016 Street Improvements Dry Gulch Road Rehabilitation 10 2/10/2017 7 2016 Street Improvements Mill and Overlay 1.2 miles of Roads 2016 Street Improvements Chip Sealed approximately 5 miles of road 11 2/10/2017 8 2016 Street Improvements Performed large patches at 8 different locations Improvement Impacts Overlay/Reconstruction Restores to 100 PCI Chip Seal Adds 7-15 points Pothole patching Each low severity pothole is 5-15 points Each medium pothole is 15-25 points Large patching Can add 5-10 points Shouldering 12 2/10/2017 9 2017 Budget 2017 projected revenue - $1,600,000 Million $200,000 for personnel, equipment, etc. $70,000 for design costs $133,000 for 10% Contingency $1,197,000 total budgeted construction expense $400,000 for MacGregor Avenue Improvements Additional $300,000 coming from Open Lands Fund and $250,000coming from the 1A Trails Expansion Fund $370,000 for Structural Improvements and Patches $327,000 for Pavement Sealing $100,000 for Crack Seal 2017 Projects MacGregor Avenue Improvements Addition of 8 foot wide concrete trail Drainage Improvements Re-paving of roadway Improvements to Wonderview Avenue intersection Crack Seal Crack sealing remainder of system 13 2/10/2017 10 2017 Projects Chip Seal Big Horn Drive David Drive Deer Path Court Dekker Circle Driftwood Avenue Elk Trail Elm Avenue Fall River Court Fall River Drive Riverside Drive Fall River Lane Halbach Lane Heinz Parkway Lone Pine Drive Longs Drive Manford Avenue Meeker Drive Olympian Lane Panorama Circle Stanley Avenue Twin Drive 2017 Projects Overlay and Contracted Patching Includes both Structural and Thin Overlays East Riverside Drive 4th Street Big Horn Drive Raven Avenue Multiple Patching Sites 14 2/10/2017 11 Annual Budget Estimated annual revenue - $1,441,500 Million $200,000 per year for personnel, equipment, etc. $124,150 per year for a 10% contingency $1,117,350 per year total budgeted construction expense $740,000 per year for Structural Repairs Including Contracted Patching $377,350 per year for Pavement Sealing Reach System-Wide PCI of 70 64 66 68 70 72 74 76 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024PCI Weighted AverageYear Annual Condition Plot (Area Weighted Average) 15 2/10/2017 12 Condition Distribution 2015 Very Poor (0‐29) 3%Poor (30‐54) 22% Fair (55‐69) 31% Good (70‐100) 43% 2015 System Average –65 Low – 21.1 High ‐100 16 2/10/2017 13 17 2/10/2017 14 Condition Distribution 2016 Very  Poor (0‐29) 4% Poor (30‐54) 21% Fair (55‐69) 18% Good (70‐100) 57% 2015 System Average –65 Low – 21.1 High ‐100 Condition Distribution 2024 Very Poor (0‐29) 0% Poor (30‐54) 15% Fair (55‐69) 13% Good (70‐100) 72% 2024 System Average – 73.7 Low – 30.3 High ‐100 18 2/10/2017 15 Disclaimer Projects can change based on many different factors including Usage of Contingency Funds Bid amounts Utilities Work Unforeseen Damage to Road Natural Disasters Etc. Thank You! 19 20 Memo Date:February 10, 2017 To:Mayor Jirsa Board of Trustees From:Gregory A. White and Chief Kufeld RE:Changes to Municipal Code Attached please find the proposed changes to Sections 9.08 and 9.12 of the Estes Park Municipal Code dealing with disturbing the peace, disorderly conduct, obstructing public streets, panhandling, and soliciting on public and private property. The purpose of these changes is to update them and conform these sections of the Municipal Code to recent United States Supreme Court decisions dealing with these issues. These proposed changes to the ordinances will be discussed at the Town Board Study Session on February 14, 2017. Attached is a redlined draft of proposed changes to Chapter 7.20 Wildlife Protection. At the time of the adoption of the Wildlife Protection Ordinance , the Town Board requested that Staff review the regulations in the Ordinance and propose any changes needed to resolve any issues arising from the enforcement of the Wildlife Protection Ordinance. Please only review Chapter 7.20 as this is the only chapter that changes are be ing made. Staff is also requesting that Section 7.08.030 Poisoning Animals Prohibited be amended to remove contradictory language in this Section. Thank you for your consideration. 21 22 DRAFT, 02/10/2017 9.08.010 – Disturbing the peace. It is unlawful for any person to voluntarily by violent, tumultuous, offensive or obstreperous conduct, or loud or unusual noises, which by causing consternation and alarm, disturb the peace of other person(s); or to repeatedly insult, taunt or challenge another person in a manner which is inherently likely to provoke a violent or disorderly response and such language or gesture is directed to any person or group of persons. (Ord. 2-84 §2(part), 1984; Ord. 15-97, 1997) 9.08.020 – Disorderly conduct. It is unlawful to commit disorderly conduct. A person commits disorderly conduct if he or she intentionally, knowingly or recklessly: (a) Openly urinates or defecates in or upon any street, alley or public place other than in or upon a toilet facility provided for such purpose; (b) Fights with another in a public place except in an amateur or professional contest of athletic skill; (c) Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting; (d) Not being a peace officer, displays a deadly weapon in a public place in a manner calculated to alarm a member of the public; or (e) Makes a coarse and obviously offensive utterance, gesture or display in a public place when such utterance, gesture or display tends to incite an immediate breach of the peace. (Ord. 2-84 §2(part), 1984; Ord. 15-97, 1997) 9.08.030 – Obstructing public streets, sidewalks, places and buildings. (a) It shall be unlawful for any person, whether alone or with others, without legal privilege to do so, to obstruct vehicular, pedestrian, and/or bicycle movement on any street, alley, sidewalk, bike path, way, place or doorway or entrance into or out of any building which is open to the public. (b) Obstruction means the interference with or prevention of, convenient or reasonable passage or use of the public street, alley, sidewalk, way, place or building or entrance or doorway into or out of any building which is open to the public by any individual or group. (c) For purposes of this section, the following acts will constitute a violation of this Code: 23 DRAFT, 02/10/2017 (1) When a person, whether alone or with others, intentionally causes or creates an obstruction; or (2) When a person, whether alone or with others, causes, creates or contributes to causing or creating an obstruction where a reasonable person in the same circumstances would be aware that he or she was causing, creating or contributing to causing or creating an obstruction; or (3) Disobeys a reasonable request or order to move issued by a peace officer, a fireman or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot or other hazard. 9.08.090 - Prohibited panhandling activities. (a) For the purposes of this section, panhandling shall be defined as soliciting people in public for money, food or other goods. (b) It shall be unlawful for any person to panhandle if such panhandling involves the following prohibited conduct: (1) If the person panhandling engages in conduct toward the person solicited that is aggressive, intimidating, threatening, or coercive and causes the person solicited to reasonably fear for his or her safety. (2) If the person panhandling directs fighting words to the person solicited that are likely to create an imminent breach of the peace. (3) If the person panhandling touches or grabs any person being solicited. (4) If the person panhandles in such a manner to intentionally obstruct or block a sidewalk, doorway, entryway or other passage way in a public place used by pedestrians or obstructs the passage of a person solicited or requires the person solicited to take evasive action to avoid physical contact with the person panhandling or with any other person. (5) If the person panhandles on a public transportation vehicle. Chapter 9.12 – Vendors, Peddlers and Solicitors 9.12.010 – Soliciting on private property. (a) It shall be unlawful for any person to enter or remain upon any private premises in the Town, not having been requested or invited by the occupant or owner thereof, for the purpose of soliciting the immediate or future purchase or sale of goods, services or any other thing of value, or for soliciting for funds or donations. 24 DRAFT, 02/10/2017 (b) Nothing in this section shall be deemed to apply to any person engaged in the business of selling and delivering goods or services directly to residents of the Town, who regularly delivers on a schedule or usually employs a vehicle for such deliveries over a regularly defined route and ordinarily sells from orders previously placed by such residents. (Ord. 2-84 §2(part), 1984; Ord. 8-02 §1, 2002) 9.12.020 – Soliciting business on streets – CD-District. (a) It shall be unlawful for any person in any manner to solicit or try to obtain any business of any kind while upon the public streets, alleys, sidewalks, parks, parking lots or other public places within the boundaries of the Town's CD-Downtown Commercial Zoning District. (b) Soliciting means trying to obtain tenants or patronage for cottages, hotels, dwellings, restaurants or other places of business of any kind or nature, and also attempting to sell any article, or service or obtain customers for any business of any kind. (c) Prohibition of soliciting for business in this Section shall not apply to the following: (1) To the use of licensed vehicles with the name written or printed thereon of any business or to signs attached to buildings where the signs may project into the streets or sidewalks and said signs are authorized by other sections of this Code. (2) To solicitations which are noncommercial in nature, including, but not limited to, solicitations for political causes, religious organizations or causes, charitable con- tributions, and panhandling. (d) The Community Development Director shall designate locations within the CD-District where newspaper stands may be allowed to be placed for the purpose of allowing newspapers to be distributed to the general public. Newspapers shall mean publications containing news, comments and articles of general interest so long as the publication is not solely devoted to commercial advertising or content. (Ord. 2-84 §2(part), 1984; Ord. 9-02 §1, 2002) 25       26 Title 7 Animals Draft #2, 02/01/2017 Estes Park, Colorado, Municipal CodePage 1 Title 7 Animals Chapter 7.04 - Definitions Chapter 7.06 - General Provisions Chapter 7.08 - Livestock Chapter 7.12 - Domestic Animals Chapter 7.16 - Enclosures Chapter 7.17 - Animal Control Program Chapter 7.18 - Animal Rescue Chapter 7.20 - Wildlife Protection Chapter 7.04 Definitions 7.04.020 Animal. 7.04.050 Enclosure. 7.04.110 Neighborhood. 7.04.165 Vaccination. 7.04.020 Animal. Animal means any live vertebrate creature, other than a plant, whether domesticated or wild. (Prior code §18.12(part); Ord. 5-72 §1(part), 1972; Ord. 14-90 §1, 1990) 7.04.050 Enclosure. Enclosure means land surrounded by some visible obstruction, such as a fence. (Prior code §18.12(part); Ord. 5-72 §1(part), 1972; Ord. 15-97, 1997) 7.04.110 Neighborhood. Neighborhood means an area within one thousand (1,000) feet of the property line of the property where an animal is kept or maintained. (Prior code §18.12(part); Ord. 5-72 §1(part), 1972; Ord. 14-90 §2, 1990) 27 Title 7 Animals Draft #2, 02/01/2017 Estes Park, Colorado, Municipal CodePage 2 7.04.165 Vaccination. Vaccination means the administration by a veterinarian licensed by the State of a vaccine listed in the current Compendium of Animal Rabies Vaccines, (publication of the National Association of State Public Health Veterinarians) for use in the prevention of rabies. (Ord. 11-80 §1(part), 1980) Chapter 7.06 General Provisions 7.06.010 Fighting and fighting places prohibited. 7.06.020 Cruelty generally. 7.06.030 Poisoning animals prohibited. 7.06.040 Dog and cat waste removal. 7.06.010 Fighting and fighting places prohibited. It is unlawful for any person to: (1) Keep, or cause to be kept, any place where any animal is suffered to fight upon exhibition or for sport upon any wager; (2) Permit, suffer or cause any animal, which is owned, kept, possessed or controlled by him or her, to fight with any other animal upon exhibition, or for sport upon any wager; or (3) Engage in, aid or cause any contest or combat with any animal, or permit, aid in, cause or suffer on his or her premises any contest or combat between any person and any animal; the foregoing provisions of this paragraph shall not apply, however, to any show conducted solely for the purpose of judging animals for conformity to breed and displaying the characteristics of such breed or for the purpose of comparing animals one to another; provided, however, that such show or contest does not involve combat with or between animals and does not cause cruelty to animals. (Ord. 11-80 §1(part), 1980; Ord. 15-97, 1997) 7.06.020 Cruelty generally. It is unlawful for any person to overdrive, overload, drive when overloaded, overwork, torture, deprive of necessary sustenance, cruelly beat, mutilate or kill needlessly, or to carry or transport in any vehicle or otherwise in a cruel and inhuman manner, any animal or to cause any of these acts to be done. Nothing herein shall be construed to prevent the carrying out of a program of animal control as may be authorized elsewhere in this Code. (Ord. 11-80 §1(part), 1980) 7.06.030 Poisoning animals prohibited. It is unlawful for any person to poison any animal, or to distribute poison in any manner whatsoever with the intent to, or for the purpose of, poisoning any animal; provided, however, that for the purpose of 28 Title 7 Animals Draft #2, 02/01/2017 Estes Park, Colorado, Municipal CodePage 3 this Section, the word animal shall not include mice, rats, bats or other rodents, but shall include hamsters, guinea pigs, rabbits and squirrels; provided further that it is unlawful for any person to poison any mice, rats, bats or other rodents, or to distribute in any manner whatsoever any poison with the intent, or for the purpose of, poisoning said mice, rats, bats or other rodents. The provisions of this Section shall not apply, however, to persons regularly engaged in the business of fumigation or pest extermination. (Ord. 11-80 §1(part), 1980; Ord. 15-97, 1997) 7.06.040 Dog and cat waste removal. (a) The owner, custodian or possessor of any dog or cat shall be responsible for removal of any feces deposited by said dog or cat on public sidewalks, rights-of-way, streets, parks or recreation areas. Said person shall immediately remove and sanitarily dispose of the feces. Also, the owner, custodian or possessor shall be responsible for the removal of any feces deposited by his or her dog or cat on any private property not owned, controlled or possessed by said person. Said person shall immediately remove and sanitarily dispose of the feces. (b) Any person who owns, possesses or controls any lot, building or other place where a dog or cat is kept shall keep the building and premises in a clean and sanitary condition and shall remove all feces from the premises at least once each week. (Ord. 15-00 §2, 2000) Chapter 7.08 Livestock 7.08.010 Premises kept clean. 7.08.020 Livestock running at large. 7.08.030 Disturbance of neighborhood prohibited. 7.08.040 Hogs, sheep and goats prohibited. 7.08.050 Cattle and horses restricted. 7.08.060 Permit required for horses. 7.08.070 Conditions required for permit for horses. 7.08.080 Exception regarding horses. 7.08.090 Revocation or denial of horse permit. 7.08.100 Premises requirements for horses. 7.08.110 Fowl and rabbits; restraint required. 7.08.010 Premises kept clean. Any person who owns or controls any lot, barn, stable, shed, building or other place where animals are kept shall keep the building and premises in a clean and sanitary condition and shall remove all manure from the premises at least once each week. (Prior code §18.4; Ord. 14-90 §5, 1990) 29 Title 7 Animals Draft #2, 02/01/2017 Estes Park, Colorado, Municipal CodePage 4 7.08.020 Livestock running at large. It is unlawful for any person who is the owner, possessor or custodian of any horses, asses, mules, cattle, sheep, swine or goats to suffer or permit the same to run at large within the Town limits. Any such animals found running at large may be taken up, impounded and disposed of by the Police Department in the manner provided by State law. (Prior code §18.5) 7.08.030 Disturbance of neighborhood prohibited. (a) It is unlawful for any person to keep or maintain any animal within the Town which habitually or continuously disturbs the peace and quiet of any individual or neighborhood by barking, whining, howling or making any other noise. It shall be presumed that a resident or occupant of the premises upon which the animal is located is a person keeping or maintaining such animal. (b) Any animal within the Town which habitually or continually disturbs the peace and quiet of any individual or neighborhood by barking, whining, howling or making any other noise is a public nuisance. The animal control officer or a police officer has authority, without liability, to use all reasonable means to abate such public nuisance, including the authority to enter upon private property to impound such animal where the owner or custodian of such animal is or appears to be absent from the premises; provided, however, that this authority does not extend to entering the owner's or custodian's resident dwelling. (c) The impoundment provisions of Sections 7.12.060 and 7.12.070 of this Code shall be applicable for all animals impounded pursuant to this Section. (Prior code §18.11; Ord. 5-72 §1(part), 1972; Ord. 14-90 §6, 1990) 7.08.040 Hogs, sheep and goats prohibited. It is unlawful for any person to keep or harbor within the Town limits any hogs, sheep or goats. (Prior code §18.1; Ord. 15-97, 1997) 7.08.050 Cattle and horses restricted. It is unlawful for any person to herd, keep, maintain or harbor any cattle, horses or other livestock within the Town limits except as provided in this Chapter. (Prior code §18.2-1; Ord. 230 §1(part), 1962) 7.08.060 Permit required for horses. (a) No person shall keep or maintain a horse within the Town limits unless such person has a valid permit so to do. (b) Application for a permit to keep a horse shall be made in writing to the Town Clerk and shall contain an adequate description of the real property upon which horses are to be kept and maintained. Following application, the Building Official shall cause the premises to be inspected, and if all the requirements of this Code are complied with, he or she shall authorize issuance of the permit. The Town Clerk shall issue all permits upon the payment of a fee of twenty-five dollars ($25.00) per year. A permit shall continue to the end of the calendar year unless revoked as herein provided. 30 Title 7 Animals Draft #2, 02/01/2017 Estes Park, Colorado, Municipal CodePage 5 (Prior code §18.2-2; Ord. 230 §1(part), 1962; Ord. 23-86 §1(B), 1986; Ord. 15-97, 1997) 7.08.070 Conditions required for permit for horses. The Town Building Official shall authorize issuance of a permit to keep and maintain horses on certain described premises within the Town upon his or her determination that the following conditions or requirements are complied with: (1) Permits may be issued to resident owners or resident lessees of real property located within the RE-1, RE and E-1 Estate residential districts for their personal horses, provided that the minimum lot size is five (5) acres or more and the number of horses shall not exceed four (4). Any real property included in a permit issued hereunder shall not be included in any other permit. (2) Permits may be issued to owners and lessees of property located within C-D or C-O districts, provided that the minimum lot size is fifteen (15) acres or more and the number of horses shall not exceed four (4). (3) Any shed, shelter or corral in which horses are kept or maintained shall not be closer than twenty-five (25) feet to any building occupied as a residence or used for human habitation or use and fifty (50) feet from any street or property line. All property where horses are to be kept or maintained shall be fenced by a lawful fence as defined by the state statutes, which fence shall be constructed at least fifty (50) feet from the outside boundary line of the property described in the application for a permit. (4) The construction of feeding facilities and the construction, drainage, flooring, ventilation, waste removal and fly screening of all sheds or other shelters shall be governed by any regulations adopted by the Board of Trustees. (Prior code §18.2-3; Ord. 230 §1(part), 1962; Ord. 8-83 §§1, 2, 1983; Ord. 17-96, §1; Ord. 11-01 §2, 2001) 7.08.080 Exception regarding horses. The area requirements or proximity of enclosures to residences, property lines and streets as provided in this Chapter shall not be applicable to the display of horses by entrants in any show or fair authorized by the Town during such show or fair. (Prior code §18.2-4; Ord. 230 §1(part), 1962; Ord. 15-97, 1997; Ord. 11-01 §2, 2001) 7.08.090 Revocation or denial of horse permit. (a) The Building Official may recommend the revocation of any permit upon the grounds that the permittee is violating or has violated any of the provisions in this Chapter. Such recommendation shall be filed with the Town Clerk, who shall cause a written notice to be mailed to the permittee notifying him or her that a hearing on the Building Official's recommendations will be held at the Board of Trustees meeting to be held not less than ten (10) days from the date of mailing such notice. Such notice shall specify the time and place of the hearing. If, upon such hearing, the Board of Trustees finds that the permittee has violated any of the provisions of this Chapter, the Board of Trustees may forthwith revoke his or her permit and the permittee shall be allowed forty-eight (48) hours within which to remove all horses and ten (10) days to remove any offensive or prohibited material. (b) Upon the denial of a permit under the provisions of this Chapter, the Town Clerk shall cause written notice of such denial to be mailed to the applicant, notifying the applicant. An applicant desiring to 31 Title 7 Animals Draft #2, 02/01/2017 Estes Park, Colorado, Municipal CodePage 6 appeal such denial shall, within ten (10) days of receipt of the notice of denial, file with the Town Clerk a written request for a hearing before the Board of Trustees. Upon receipt of a request for hearing, the Town Clerk shall give notice of the hearing to the applicant in the manner provided in Subsection (a) of this Section for hearings upon revocation. The Board of Trustees shall, following such hearing, direct that the permit be either issued or denied. (Prior code §18.2-5; Ord. 230 §1(part), 1962; Ord. 15-97, 1997) 7.08.100 Premises requirements for horses. The premises upon which horses are kept shall be maintained in a sanitary condition and shall comply with all sanitary regulations adopted by the Town Health Department. The premises shall at all reasonable hours be subject to inspection by representatives of the Town Health Officer. It is unlawful for any person to refuse to permit such inspection. (Prior code §18.2-6; Ord. 230 §1(part), 1962; Ord. 15-97, 1997) 7.08.110 Fowl and rabbits; restraint required. It is unlawful for any person who owns, harbors or keeps within the Town limits any chickens, ducks, geese, turkeys or other domestic fowl, or any hare or rabbits, to fail to keep them securely enclosed in a pen or building, or to permit them to run at large or to go upon the premises of another. (Prior code §18.3) Chapter 7.12 Domestic Animals 7.12.010 License required. 7.12.020 License fee. 7.12.030 Display of license. 7.12.035 Certificate of vaccination. 7.12.040 Dogs or cats running at large prohibited. 7.12.050 Impoundment; when. 7.12.060 Impoundment notice procedure. 7.12.070 General procedure for impoundment. 7.12.080 Kennel restrictions. 7.12.090 Vicious animals prohibited. 7.12.100 Duty regarding bites from animals. 7.12.110 Animal waste removal. 7.12.120 Disturbance of neighborhood prohibited. 7.12.130 Special sanctions. 7.12.010 License required. 32 Title 7 Animals Draft #2, 02/01/2017 Estes Park, Colorado, Municipal CodePage 7 It is unlawful for any person to keep any dog three (3) months of age or older within the Town without obtaining a license therefor from the Town Clerk and without having the animal vaccinated against rabies. All dogs vaccinated at three (3) months of age or older shall be again vaccinated at one (1) year and three (3) months of age and thereafter at intervals recommended in the current Compendium of Animal Rabies Vaccines. Such licenses shall be obtained prior to May 1 of each year, and they shall expire on December 31 of the year for which they are issued. Proof of vaccination shall be by certificate signed by a veterinarian. (Prior code §18.6; Ord. 297 §1; Ord. 11-80 §2, 1980) 7.12.020 License fee. Every person desiring to keep a dog within the Town shall make application to the Town for a license; and shall pay a fee of five dollars ($5.00) per year for each neutered or sterilized dog, and fifteen dollars ($15.00) per year for each dog which has not been neutered or sterilized. (Prior code §18.6-1; Ord. 18-73 §1(part), 1973; Ord. 36-75 §1(part), 1975; Ord. 15-97, 1997) 7.12.030 Display of license. The Town shall issue a license and a tag for each dog licensed, upon the payment of the necessary fee in advance and upon presentation showing that the dog to be licensed has received all necessary vaccinations. The owner or custodian shall attach the tag to the collar or harness of the dog so licensed, which collar or harness must be worn by such dog at all times. If the original tag becomes lost or destroyed, a duplicate may be obtained from the Town. The Town shall keep a record of the date of issuance of each dog tag, the name and address of the person to whom the tag is issued, the number and a description of the dog licensed. (Prior code §18.6-2; Ord. 36-75 §1(part), 1975; Ord. 11-80 §3, 1980; Ord. 15-97, 1997) 7.12.035 Certificate of vaccination. The certificate of vaccination required by this Chapter shall contain the name, address and telephone number of the owner of the vaccinated cats and dogs, the date of vaccination, the date of expiration of vaccination, the type of rabies vaccine used, the breed, age, color and sex of the vaccinated cats and dogs and the signature of the veterinarian administering the vaccine. No such rabies vaccine shall be issued until after a ten-day observation period after any cat or dog has inflicted a bite on any person or other animal. Concurrently with the issuance and delivery of the certificate of vaccination referred to herein, the owner of the cats and dogs shall cause to be attached to the collar or harness of the vaccinated cats and dogs a metal tag, serially numbered to correspond with the vaccination certificate number and bearing the year of issuance. Such tag shall be attached to the collar or harness of the cats and dogs so vaccinated, which collar or harness must be worn by such cats and dogs at all times. (Ord. 11-80 §4, 1980; Ord. 1-04 §1, 2004) 7.12.040 Dogs or cats running at large prohibited. (a) Every person owning or having charge, care, custody or control of any dog or cat shall keep the dog or cat exclusively upon his or her own premises, except that the dog or cat may be off the premises if it is under the effective control of a person. The dog or cat shall be construed to be under the effective control of a person as follows: 33 Title 7 Animals Draft #2, 02/01/2017 Estes Park, Colorado, Municipal CodePage 8 (1) Confinement within a vehicle, fencing or other adequate enclosure where the dog or cat has no access to a passerby; or (2) Attachment to a leash and held by a person of sufficient size and strength to restrain the dog or cat. (b) Notwithstanding the provisions of Subsection (a) of this Section, a dog or cat shall be deemed to be not under effective control of a person as follows: (1) Every female dog or cat in heat or in season shall be confined in a building or secure enclosure in such a manner that the female dog or cat cannot come into contact with a male dog or cat for unplanned breeding; (2) The dog or cat inflicts damage or injury to the person or property of someone other than its owner, custodian or possessor; or (3) A dog or cat is tethered on the premises of its owner, custodian or possessor such that it has access to a passerby on a public street, sidewalk or right-of-way. (c) Nothing herein shall restrict the ordinary uses of seeing-eye dogs. (d) Dogs under the control of a public law enforcement agency and dogs not under restraint within a designated dog park within the Town are exempt from Subsection (a) above. (Prior code 18.7; Ord. 4-85 §1, 1985; Ord. 14-90 §7, 1990; Ord. 15-97, 1997; Ord. 11-07 §1, 2007) 7.12.050 Impoundment; when. When any animal control officer or police officer finds a dog or cat within the Town, off the premises of its owner, possessor or custodian, and in violation of Section 7.12.040 of this Code, said dog or cat shall be impounded by such officer. (Prior code §18.8; Ord. 36-75 §1(part), 1975; Ord. 11-07 §1, 2007) 7.12.060 Impoundment notice procedure. Upon the impoundment of an animal, the Police Department shall notify the owner or custodian of the animal that the animal has been impounded and will be released upon proof that the animal is properly licensed, upon payment of an impound fee, care and feeding fee and any expenses incurred for veterinary care and treatment; and that, if the animal is not released within five (5) days from the day of said notice, it will be disposed of at the direction of the Police Department. The notice shall be delivered to such owner or custodian, or if such owner or custodian is not available, by posting said notice on the premises from which the animal was impounded. (Prior code §18.8-1; Ord. 7-73 §1(part), 1973; Ord. 36-75 §1(part), 1975; Ord. 21-78 §1, 1978; Ord. 3-80 §1, 1980; Ord. 14-90 §8, 1990; Ord. 15-97, 1997; Ord. 1-04 §1, 2004) 7.12.070 General procedure for impoundment. All animals impounded shall be kept for a period of five (5) days unless sooner released to their owners or custodians, provided that no vicious animal shall be released unless provisions suitable to the Police Department have been made for the animal by its owner or custodian to protect the public against said propensity, and that no female animal in heat shall be released unless the owner or custodian has facilities for the caring and confining of such animal satisfactory to the Police Department. No animal shall 34 Title 7 Animals Draft #2, 02/01/2017 Estes Park, Colorado, Municipal CodePage 9 be released from the impound facility until the production of satisfactory proof of ownership, the payment of an impound fee, care and feeding fee and any expenses incurred by the Town for veterinary care and treatment, and submission of proof that the animal has been properly licensed and inoculated against rabies as required by this Chapter. Upon the expiration of five (5) days after notice of impoundment as provided in Section 7.12.060, any animal unclaimed shall be disposed of in accordance with the directions of the Police Department. (Prior code §18.8-2; Ord. 7-73 §1(part), 1973; Ord. 18-73 §1(part), 1973; Ord. 36-75 §1(part), 1975; Ord. 13-78 §1, 1978; Ord. 15-97, 1997; Ord. 1-04 §1, 2004) 7.12.080 Kennel restrictions. It is unlawful for any person to keep or maintain a kennel for the keeping of dogs within the Town limits, except where kennels are permitted in accordance with the provisions of Section 13.3.129 of the Estes Valley Development Code. As used herein, kennel shall mean a commercial or noncommercial use with indoor and/or outdoor facilities for the keeping, breeding, boarding or training of four (4) or more adult dogs, over the age of three (3) months. (Prior code §18.9; Ord. 24-71 §1, 1971; Ord. 14-03 §§1, 2, 2003) 7.12.090 Vicious animals prohibited. (a) It is unlawful for any person to keep, possess or permit any vicious animal within the Town, except as provided in Subsection (d) below. A vicious animal shall be deemed a public nuisance, and shall be impounded as provided in Sections 7.12.060 and 7.12.070. In the event the owner or possessor of the animal disputes the determination that the animal is vicious, said person may request, in writing, a hearing in Municipal Court on the question of whether or not the animal is vicious. Said hearing shall be held as soon as practical. At said hearing, the Municipal Judge may determine and order that an animal should be humanely euthanized if the Municipal Judge determines that the animal is vicious. (b) Any vicious animal, which cannot be safely captured and impounded, may be destroyed by any police officer of the Town, or by any other person duly authorized by the Chief of Police for this purpose. (c) For the purposes of Subsections (a) and (b) above, any animal which attacks human beings or animals, whether domestic or wild, upon public or private property, whether by causing bodily injury or by approaching its victim in an aggressive or threatening manner shall be deemed a vicious animal, except when in defense of persons who would themselves be permitted to use a similar degree of force as that used by the animal. (d) It shall be an affirmative defense to charges under this Chapter if the victim of the attack has made an unlawful entry into the dwelling or enclosed premises of the owner or custodian or has been injured by an animal during the commission of a crime against the owner or custodian. (e) An animal kept or possessed for protection or security purposes, which by its nature or training would otherwise come under the foregoing provision, shall not be deemed a vicious animal so long as it is securely confined in an enclosure which keeps it physically segregated from persons other than its owner, custodian or possessor. (Prior code 18.10; Ord. 18-73 §1(part), 1973; Ord. 21-77 §2, 1977; Ord. 15-97, 1997; Ord. 1-04 §1, 2004) 7.12.100 Duty regarding bites from animals. 35 Title 7 Animals Draft #2, 02/01/2017 Estes Park, Colorado, Municipal CodePage 10 (a) Any person having knowledge that an animal has bitten a human shall immediately report the incident to the Police Department. (b) Bites from rodents, rabbits, birds and reptiles are excluded from the reporting requirements of this Section. (c) Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog, cat or other animal shall immediately report the incident to the Police Department stating exactly where such animal may be found. (d) A dog or cat which has bitten a person shall be impounded for a period of ten (10) days for rabies observation or may be taken for observation to a hospital or a veterinarian for said ten-day period. Such confinement shall be at the expense of the owner or custodian. The owner or custodian of any dog or other animal that has been reported to have inflicted the bite on any person shall, on demand, produce said animal for impoundment as prescribed in this Section. (e) It is unlawful for any person to remove from any place of confinement any animal which has been confined as authorized, without the consent of the Police Department. (f) If a known or suspected rabid animal bites or attacks a domestic animal, such incident shall also be reported as required in this Section. (Ord. 11-80 §5, 1980; Ord. 14-90 §9, 1990) 7.12.110 Animal waste removal. (a) The owner, custodian or possessor of any animal shall be responsible for removal of any feces deposited by said animal on public sidewalks, rights-of-way, streets, parks or recreation areas. Said person shall immediately remove and sanitarily dispose of the feces. Also, the owner, custodian or possessor shall be responsible for the removal of any feces deposited by his or her animal on any private property not owned, controlled or possessed by said person. Said person shall immediately remove and sanitarily dispose of the feces. (b) Any person who owns, possesses or controls any lot, building or other place where an animal or animals are kept shall keep the building and premises in a clean and sanitary condition and shall remove all feces from the premises at least once each week. (Ord. 4-85 §2, 1985; Ord. 15-97, 1997; Ord. 15-00 §1, 2000; Ord. 1-04 §1, 2004) 7.12.120 Disturbance of neighborhood prohibited. (a) It is unlawful for any person to keep or maintain any animal within the Town which habitually or continuously disturbs the peace and quiet of any individual or neighborhood by barking, whining, howling or making any other noise. It shall be presumed that a resident or occupant of the premises upon which the animal is located is a person keeping or maintaining such animal. (b) Any animal within the Town which habitually or continually disturbs the peace and quiet of any individual or neighborhood by barking, whining, howling or making any other noise is a public nuisance. The animal control officer or a police officer has authority, without liability, to use all reasonable means to abate such public nuisance, including the authority to enter upon private property to impound such animal where the owner or custodian of such animal is or appears to be absent from the premises; provided, however, that this authority does not extend to entering the owner's or custodian's resident dwelling. (Ord. 15-97, 1997; Ord. 1-04 §1, 2004) 36 Title 7 Animals Draft #2, 02/01/2017 Estes Park, Colorado, Municipal CodePage 11 7.12.130 Special sanctions. The animal control officer, or the Town Attorney or his or her designee, may recommend that one (1) or more special sanctions be levied against any animal owner or custodian convicted of any violation of this Chapter. This recommendation may be presented to the Municipal Court as a proposed condition of sentencing upon conviction and may be in lieu of or in addition to the penalties or fines as imposed by the Municipal Court. The Municipal Court may take into consideration the severity of the incident, the prior history of the owner or custodian and the recommendation of the animal control officer or Town Attorney. Special sanctions include, but are not limited to the following: (1) Construction of a secure animal enclosure (built to the specifications of Animal Control) and in compliance with the zoning ordinance; (2) Spaying or neutering of the animals; (3) Obedience training/behavior modification; (4) Responsible pet ownership class; (5) Community service work; (6) Euthanasia of the animals; (7) Prohibition from owning animals for a specified period; (8) Use of humane training devices for behavior modification; (9) Inspections of premises where animals are kept; (10) Restitution for costs of care rendered or shelter given at the Town's designated animal shelter, costs of veterinary care and costs of medical treatment; (11) Treatment or counseling programs; and (12) Placement of a permanent microchip identification device under the skin of an animal. (Ord. 1-04 §1, 2004) Chapter 7.16 Enclosures 7.16.010 Opening enclosures prohibited. 7.16.010 Opening enclosures prohibited. It is unlawful to in any manner open, directly or indirectly, or aid or assist in opening any pen, fence or other enclosure, with intent of releasing any animal confined therein, or which opening will permit the release of the animal so confined, without the authorization of the owner or custodian of such animal. (Ord. 18-73 §2, 1973; Ord. 15-97, 1997) Chapter 7.17 Animal Control Program 7.17.010 Discharge of weapon. 37 Title 7 Animals Draft #2, 02/01/2017 Estes Park, Colorado, Municipal CodePage 12 7.17.010 Discharge of weapon. No person shall discharge any weapon as part of a program for the control or extermination of animals except persons regularly engaged in the business of fumigation or pest extermination. (Ord. 15-97, 1997) Chapter 7.18 Animal Rescue 7.18.010 License required. 7.18.020 Definition. 7.18.030 Restrictions. 7.18.040 Revocation of license. 7.18.050 Exemption. 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. (Ord. 16-03 §1, 2003) 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. (Ord. 16-03 §1, 2003) 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: (1) No more than eight (8) dogs may be boarded at any one (1) time on the property. (2) 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. (3) The holder of the license must be affiliated with a local nonprofit organization or a local veterinary clinic for the purpose of receiving locally abandoned dogs. (4) Any other dogs residing on the property shall count against the eight (8) dogs set forth in Subsection (1) above. In no event shall more than eight (8) dogs be maintained on the property at any time. (Ord. 16-03 §1, 2003) 38 Title 7 Animals Draft #2, 02/01/2017 Estes Park, Colorado, Municipal CodePage 13 7.18.040 Revocation of license. The Town may revoke the license of any animal rescue operation for a violation of any provision of this Chapter as follows: (1) The Town Clerk, upon the receipt and verification of any violation of this Chapter or a violation of Section 7.12.040, Dogs Running at Large Prohibited, Section 7.12.110, Animal Waste Removal, and/or Section 7.12.120(a), Disturbance of Neighborhood Prohibited, of this Code, which concerns dogs maintained on the licensed property, shall give written notice to the holder of the license that a violation has occurred. (2) 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 (1) 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. (3) A license may be reinstated following the one-year revocation period upon written application by the owner or occupant. (4) 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. (5) Upon revocation of the license, the holder's right to operate an animal rescue operation on the property shall terminate. (Ord. 16-03 §1, 2003) 7.18.050 Exemption. The holder of the animal rescue license shall be exempt from the provisions of Section 7.12.080, Kennel Restrictions. (Ord. 16-03 §1, 2003) Chapter 7.20 Wildlife Protection 7.20.010 Definitions. 7.20.020 Standards for wildlife resistant containers and hard-sided containers. 7.20.030 Maintenance and operation of wildlife resistant containers, wildlife resistant enclosures, and hard-sided containers. 7.20.040 Residential refuse disposal and curbside pick-up. 7.20.050 Construction site refuse disposal. 7.20.060 Commercial refuse disposal. 7.20.070 Trash compactors. 7.20.080 Bird feeders. 7.20.090 Violation. 7.20.100 Compliance required and time period. 39 Title 7 Animals Draft #2, 02/01/2017 Estes Park, Colorado, Municipal CodePage 14 7.20.010 Definitions. In this Chapter, the following words and phrases have the following meanings: (a) Wildlife means any undomesticated animal, including, but not limited to, birds, elk, deer, bighorn sheep, lynx, skunks, magpies, crows, bears, raccoons, coyotes, beavers, porcupines, mountain lions, bobcats and foxes. (b) Refuse means any waste that could reasonably attract wildlife including, but not limited to, kitchen organic waste, food, food packaging, toothpaste, deodorant, cosmetics, spices, seasonings, oil and grease. Refuse shall not include food packaging void ofnot containing any food, glass products, glass, paper, cardboard, metal, plastic, aluminum, textiles, electronics, non-edible yard maintenance waste, construction materials and household items when not commingled with food waste attractants. (c) Wildlife resistant container means a fully enclosed container constructed of pliable materials and reinforced to deter access by wildlife. and shall have a latching device of sufficient design and strength to prevent access by wildlife. Grease traps shall require sufficient design to prevent tipping. (d) Wildlife resistant enclosure means an enclosed structure consisting of four (4) sides, a roof and a secure door or cover, which shall have a latching device of sufficient design and strength to prevent access by wildlife. (e) Hard-sided container means a container constructed using materials such as polycarbonate, ABS plastic, carbon fiber, wood or aluminum with a lid preventing wildlife from accessing the interior of the container. (f) Enclosed structure means a residential building, commercial building, accessory dwelling unit, garage or shed. Enclosed structure shall not include a patio, deck, driveway, or other area located outside of the walls of a residential building, commercial building, shed, garage or accessory dwelling unit. (g) Grease bin means a fully enclosed container designed to store used food service grease and oil. (Ord. 12-15, § 1(Exh. A), 9-8-2015) 7.20.020 Standards for wildlife resistant containers, and hard-sided containers, and grease bins. (a) Wildlife resistant containers shall meet the following standards: (1) Containers shall be of a design that is impervious to wildlife, with drain holes no greater than one (1) inch in diameter. (2) Container lids shall have a closure mechanism and/or a latching device such as cables, bars, and/or pull handles of design and sufficient strength that to prevents opening by wildlife. All lids shall also: (i) Fully enclose (cover) the container opening. (ii) Have edges that fit flush. (iii) Shall not be turned up or bent. (iv) Shall remain closed when on their side or upside down. (v) Latching devices shall lock into place with a pin or other mechanism. 40 Title 7 Animals Draft #2, 02/01/2017 Estes Park, Colorado, Municipal CodePage 15 (3) Wildlife resistant containers shall meet the standards of testing by the Living with Wildlife Foundation and a "passing" rating by the Interagency Grizzly Bear Committee (IGBC) as bear resistant for sixty (60) minutes. (b) Hard-sided containers shall meet the following standards: (1) Container lids shall have latching devices to prevent access by wildlife. (c) Grease bins shall meet the following standards: (1) All grease bins shall be designed and constructed with sufficient supports to prevent tipping of the grease bin by animals. (2) Food service establishments shall deposit all oil and grease from their operations within grease bins, and the grease bins shall be located within wildlife resistant containers or wildlife resistant enclosures. (Ord. 12-15, § 1(Exh. A), 9-8-2015) 7.20.030 Maintenance and operation of wildlife resistant containers, wildlife resistant enclosures, and hard-sided containers. (a) Wildlife resistant containers, wildlife resistant enclosures, and hard-sided containers shall be kept closed and secure when refuse is deposited. (b) If a wildlife resistant container, wildlife resistant enclosure or hard-sided container is damaged and allows access by wildlife, repairs shall be made within seventy-two (72) hours after the damage. (Ord. 12-15, § 1(Exh. A), 9-8-2015) 7.20.040 Residential refuse disposal and curbside pick-up. (a) All refuse located outside an enclosed structure shall be contained in a wildlife resistant container or a wildlife resistant enclosure. Multi-family housing developments and other types of clustered residential housing utilizing centralized refuse containers shall use a wildlife resistant container or a wildlife resistant enclosure for all refuse. (b) Residents with curbside pick-up shall place refuse in a wildlife resistant container or a hard-sided container at or adjacent to the curb, alley, or public right-of-way for pick-up. If a hard-sided container is used rather than a wildlife resistant container, the hard-sided container shall be placed at or adjacent to the curb, alley or public right-of-way, no earlier than 6:00 a.m. on the day of scheduled pick-up and removed prior to 7:00 p.m. on the same day from the area of the curb, alley or public right-of-way. Residents using a wildlife resistant container may place and leave the wildlife resistant container at or adjacent to the curb, alley or public right-of-way without restriction. (Ord. 12-15, § 1(Exh. A), 9-8-2015) 7.20.050 Construction site refuse disposal. All food packaging refuse shall be deposited in a wildlife resistant container. Construction materials are not required to deposit in a wildlife resistant container or enclosure. (Ord. 12-15, § 1(Exh. A), 9-8-2015) 41 Title 7 Animals Draft #2, 02/01/2017 Estes Park, Colorado, Municipal CodePage 16 7.20.060 Commercial refuse disposal. (a)All refuse located outside an enclosed structure from commercial establishments and vacation rentals shall be deposited in wildlife resistant containers or wildlife resistant enclosures. This requirement shall not apply to containers ninety-five (95) gallons or less which are emptied by 10 p.m. each day or are under contract for removal overnight. (b)Food service establishments shall deposit all oil and grease from their operations within wildlife resistant containers or wildlife resistant enclosures. (Ord. 12-15, § 1(Exh. A), 9-8-2015) 7.20.070 Trash compactors. Trash compactors are compliant with this Chapter when no refuse is exposed. Compactor doors must be kept closed at all times, except when loading or removing refuse and the area around the compactor must be kept clean of refuse and debris. (Ord. 12-15, § 1(Exh. A), 9-8-2015) 7.20.080 Bird feeders. Bird feeders are allowed. However, between April 1 and December 1 of each year, all bird feeders must be suspended on a cable or other device at a height above the ground or structure so that they are inaccessible to bears. (Height Requirement?) (Ord. 12-15, § 1(Exh. A), 9-8-2015) 7.20.090 Violation. (a) Violation of any provision of this Chapter shall be unlawful and subject to the general penalty provision of the Estes Park Town Municipal Code. The owner and/or the occupant of a residence or commercial establishment may be held responsible for a violation of any provision of this Chapter. (Ord. 12-15, § 1(Exh. A), 9-8-2015) 7.20.100 Compliance required and time period. Any container or enclosure containing refuse shall be brought into conformity with the provision of this Chapter by April 1st, 2016. Upon application to the Town Administrator, and a showing of hardship by an owner and/or occupant of an enclosure or container required hereunder, the Town Administrator may grant an extension, for a reasonable period of time, with which to comply with the provision of this Chapter. (Ord. 12-15, § 1(Exh. A), 9-8-2015) 42   7.06.030 Poisoning animals prohibited. (CURRENT) It is unlawful for any person to poison any animal, or to distribute poison in any manner whatsoever with the intent to, or for the purpose of, poisoning any animal; provided, however, that for the purpose of this Section, the word animal shall not include mice, rats, bats or other rodents, but shall include hamsters, guinea pigs, rabbits and squirrels; provided further that it is unlawful for any person to poison any mice, rats, bats or other rodents, or to distribute in any manner whatsoever any poison with the intent, or for the purpose of, poisoning said mice, rats, bats or other rodents. The provisions of this Section shall not apply, however, to persons regularly engaged in the business of fumigation or pest extermination.     7.06.030 Poisoning Animals Prohibited (AMENDED) It is unlawful for any person to poison any animal, or to distribute poison in any manner with the intent to, or for the purpose of poisoning any animal. For the purpose of this section the word animal shall not include: mice, rats, bats, or other rodents. The provisions of this Section shall not apply to person(s) in the business of fumigation, pest control or pest extermination. 43 12.08.010 Definitions. In this Chapter, the following words and phrases shall have the following meanings: Sidewalk shall be that portion of a street within the lateral lines of the travel portion and the adjacent property lines or portion of a public easement which is constructed, designed, maintained, and intended for the use of pedestrians. Street means the entire width of every public roadway and shall include the travel portion and the portion used for sidewalks, alleys, or bike paths. 12.20.060 Removal of Snow and Ice / Damage to Public Property and Special Hazards. (a) It is unlawful for any property owner, tenant, lessee, or occupant owning or occupying any lot, block or a parcel(s) of real property within the Town to allow any snow or ice, or both, to remain upon any sidewalk on or abutting said property longer than 24 hours from the last accretion of snow or ice on the sidewalk. (b) It shall be unlawful for any person to place, deposit, shovel or plow snow on to any portion of a street or sidewalk which physically interferes with the movement of vehicles, bicycles, and/or pedestrians on the street or sidewalk. (c) It shall be unlawful for any person to remove snow, ice, mud, dirt or debris from any sidewalk, by utilizing a method that damages the sidewalk, including curbs, curb walks, trees located in the sidewalk or street lights of the Town. (d) If a person damages the Town sidewalks, streets, driveways constructed as continuation of sidewalks, curbs, curb walks, drainage swales, trees in a sidewalk, street lights of the Town, or street furniture (benches, planters), said person shall be responsible for all costs of the Town in repairing or replacing the damaged property, and shall promptly pay the costs thereof upon notification by the Town of the cost.     MEMORANDUM  TO: Honorable Mayor Todd Jirsa  Board of Trustees  Frank Lancaster, Town Administrator  FROM: Jon Nicholas, President/CEO, Estes Park EDC   David Batey, Chair, Strategic Planning Committee, Estes Park EDC  DATE: February 8, 2017  RE: Study Session: Discuss the Role of Town Government in   Economic Development as it relates to the Estes Park EDC and Other Organizations    Meeting Goals.  At the end of the meeting, attendees will:    1.  Understand the goals of the economic development strategy for the Estes Valley and how were  they derived and continue to evolve;    2.  Understand the value of Estes Park EDC’s activities to the Town of Estes Park and the  community; and    3.   Discuss and understand both the general and the specific lead and support roles of the Town of  Estes Park, the Town Board, the Estes Park EDC (and other organizations) for specific Estes  Valley economic development targets/goals.    To facilitate the discussion, we have provided copies of:     1. Document entitled “Estes Valley Economic Development Strategic Plan Summary,” dated  February 14, 2017;     2. “Estes Valley Regional Economic Development Strategy Executive Summary,” November 5 2015;  and    3. Implementation Tables and Capacity Building Priority #1, excerpts from “Estes Valley Regional  Economic Development Strategy,” November 5, 2015, pages 167‐173, 130 – 135.     The full economic development strategy (and other economic development white papers) can be found  at http://www.estesparkedc.com/estes‐park‐edc‐research‐papers/       45     Provided below for quick reference is a list of items where the Town is identified as the lead, as well as a  list of items where the Town is a substantial supporting organization.     Avalanche Report Recommended Town Lead:    1. Broadband  2. Flood Plain Mitigation  3. Upgrade Estes Park Conference Center  4. Transportation  5. Parking   6. Revise Development‐Related Codes & Policies  7. Downtown Master Planning  8. Improve Development‐Related Organization Communications  9. Create and sustain favorable business climate and attitude   10. Hispanic Community Outreach and Resources  11. Define Roles & Responsibilities of Partner Organizations    Avalanche Report Recommended Town Support:    1. Estes Park EDC Lead Facilitator of Implementation  2. PR Initiative to Inform and Generate Support for Economic Development Strategy  3. Business Incubator Accelerator Co‐Working Space Project  4. Local Revolving Loan Fund  5. Create and sustain favorable business climate and attitude   6. Unified Estes Valley Brand  7. Recruit Events for Events Center & Conference Center  8. Community Center  9. Upgrade Athletic Recreational Facilities  10. Stanley Film Center  11. Establish Estes Park Arts District  12. Infant & Childcare Services  13. Roosevelt National Forest Activities  14. Rocky Mountain Performing Arts Center  15. Flagship Destination Wellness & Hospitality Education Center  46 avalanche Estes Valley Economic Development Strategic Plan Summary Estes Park EDC– Town of Estes Park Study Session February 14, 2016 Launching an economic development strategy is a complex process that brings together a diverse community of residents, business owners, workers, artists, educators, government leaders, and more. The Estes Valley has many community projects currently in motion, requiring different investments of time, money, and public support. Each is a component of this strategic blueprint for success. The recommendations in the report bring together these diverse elements and outline what it will take for the Estes Valley to have a strong, resilient, year-round economy where its residents can prosper and enjoy a high quality of life. In addition, the recommendations aim to create an environment that supports evolving economic activity, protects the Estes Valley’s assets, enhances regional competitiveness, and reinforces the historic values that have made the Estes Valley a unique place to live, work, and visit. The vision that emerged from the strategic planning process recognizes that economic development is about making the Estes Valley a stronger community – enhancing both quality of life and economic opportunities while reinforcing local values and culture. The vision identified below should be kept in mind when prioritizing investments through-out the community: The Estes Valley is the nation’s premier mountain community, supporting a wealth of year-round economic, cultural, and recreational opportunities for a multigenerational and multicultural population of residents, guests, and businesses. All goals and recommendations discussed in the report are intended to help the Estes Valley achieve this vision by building on existing community strengths to address critical needs and create new opportunities for success. The Estes Valley’s five economic development goals are: o Physical Infrastructure: The Estes Valley proactively invests in projects that both encourage economic diversification through target industry growth and enrich its guests' experience. o Business Climate: The Estes Valley government and business leaders embrace thoughtful policies and practices that help businesses succeed. o Workforce & Education: The Estes Valley attracts, retains, and trains a skilled workforce that is supported by a mix of housing options and multigenerational community resources. o Entrepreneurship & Innovation: The Estes Valley is known nationally, if not globally, as a center for mountain entrepreneurship and provides world-class support for growing businesses. o Marketing: The Estes Valley brand reflects a destination for guests, residents, and high-paying primary jobs. Successful achievement of the Estes Valley’s goals will require completion of the following priority projects in the next five years after completion of the strategy (by 2020--in no particular order): 47 avalanche 1. Implement a high-speed broadband network for businesses, residents, and tourists. 2. Update building codes, zoning, and regulatory processes to encourage redevelopment and new construction. 3. Increase the supply of workforce and seasonal housing in the Estes Valley. These three projects are absolutely critical to any community development success in the Estes Valley. Ten Things to Remember About This Report 1. The Town of Estes Park, Estes Park EDC, and Local Marketing District will play leading roles, but economic development requires the involvement of many individuals, businesses, and stakeholder organizations throughout the Estes Valley. 2. The recommendations in this report are designed to be comprehensive and includes some activities that are either currently planned or underway. This report coordinates with and reinforces productive activities that are already in place. 3. There is an intimate connection between economic development and quality of life. One cannot occur without the other. The high-wage primary businesses recommended as target industries will also enhance the experience of visiting and living in the Estes Valley. Investing in destination products will make the Estes Valley an appealing place for target industries. 4. The focus of economic development in the Estes Valley should be on entrepreneurship and supporting the expansion of local businesses. Regional and state economic development organizations should manage the majority of business recruitment activity. 5. Addressing the Estes Valley’s critical needs and achieving its vision will not be free. The community must be willing to invest in itself if it expects for businesses to invest in the Estes Valley. 6. This is a living strategy that should be reviewed and updated over time to adapt to changes in the marketplace. A system should be set into place for reporting implementation progress back to the community on a regular basis. 7. There are no silver bullets that solve community challenges. Addressing the Estes Valley’s critical needs takes a coordinated, multipronged approach. 8. There will never be 100% unanimous agreement on every recommendation and every word choice in this report. Striving for an elusive consensus will delay and quite possibly derail implementation. 9. To successfully accomplish the Estes Valley’s economic development vision and goals will require an unprecedented level of cooperation and communication. Setting aside differences and working together toward greater goals is essential. 10. Economic development is a marathon, not a sprint. Implementing recommendations will require long-term community investments and continued momentum and patience for years to come. 48 ESTES VALLEY ECONOMIC DEVELOPMENT STRATEGY EXECUTIVE SUMMARY Prepared for the Estes Park Economic Development Corporation and the Town of Estes Park November 6, 2015 avalanche 49 Project Description In January 2015 the Estes Park Economic Development Corporation (Estes Park EDC) and the Town of Estes Park retained Avalanche Consulting, Inc. to prepare a strategic plan to guide efforts to improve the economic base and long-term economic resiliency of the Estes Valley. The project was funded as part of a $300,000 financial award from the Economic Development Administration of the Department of Commerce As Rocky Mountain National Park celebrates its 100-year anniversary and flood recovery continues, the residents of the Estes Valley are presented with an opportune moment to evaluate the community’s competitive position and establish a vision for the future. Economically speaking, Estes Valley is a community at risk. The extensive flooding of September 2013 exposed the fragile nature of our physical infrastructure: our roads, our bridges, our rivers, and our basic utilities. Of even greater importance is the state of our human infrastructure. It too is in jeopardy. On January 2016 Estes Valley will officially become an Enterprise Zone, a state designation for Colorado communities that have officially been declared “economically distressed,” in our case because we lack both job growth and an adequate supply of needed workers. Both issues are real and they are systemic. “Change” is a word that comes all too easily—so easily in fact that it is all too easily dismissed. But if our current quality of life is to be maintained let alone enhanced, then as a community we must stabilize and enhance our economy and firmly address the challenges required by both. In this Estes Valley is, of course, by no means alone. Not a day goes by when we are not reminded that our entire American economy and its ability to create and retain jobs is in a rapid state of transition. Communities that are unwilling or unable to react to these changes in positive ways will simply fall behind. The status quo offers no security. Immediate intervention is required. The Estes Park EDC’s objectives for the project were clear from the outset: our community’s economic development plan must produce a strong, resilient, year-round economic environment while protecting and improving its quality of life. The plan must also keep faith with the values that historically have distinguished Estes Valley as a very special place in which to work and live. The strategic plan presented here is guided by the principles and goals set forth in The Path Forward, the document published in December 2012 by the Estes Valley Economic Development Task Force to guide our community’s economic future. Accordingly, this Plan: •Is rooted in an understanding of the history and traditions of the Estes Valley. •Is based upon community input in order to reflect, protect, and strengthen what is unique about the Estes Valley and the surrounding region.50 ESTES VALLEY ECONOMIC DEVELOPMENT STRATEGY – EXECUTIVE SUMMARY avalanche •Embodies “best practices” and economic development strategies currently employed by other communities, but are adapted to Estes Valley’s unique circumstances. •Allows us to create an increasingly year-round economy by focusing on the retention, improvement, and expansion of existing businesses while actively seeking to broaden the economy by attracting and nurturing new businesses that are harmonious with our history and values. •Results in sufficient numbers of new, year-round, well-paying jobs to attract younger workers and their families to a vibrant, multigenerational community. •Fosters opportunities for people to live where they work. •Encourages public-private partnerships that benefit the community as a whole. •Is results-oriented and establishes benchmarks by which to measure success. We believe that this Plan achieves these goals. Its major recommendations for the Estes Park community are as stark as they are clear. To be economically competitive the Estes Valley must: •Establish Competitive Broadband in the Estes Valley •Address adequate workforce availability •Support the Estes Valley Community Center to address childcare and younger demographic attraction and retention •Secure funding for key economic development projects Economic vitality and the quality of life are intimately connected. This plan, and the recommendations it contains, makes explicit our belief that sensitive and innovative economic development must be anchored in a shared vision of Estes Park’s future that can inform future decision-making while establishing actionable roles for key stakeholders. 51 ESTES VALLEY ECONOMIC DEVELOPMENT STRATEGY – EXECUTIVE SUMMARY avalanche Goals, Methods, and Outcomes The practice of economic development continues to change every year and means different things for every community. The ambiguity of the term with regards to the Estes Valley was clear in the community survey – 45% of respondents were uncertain about economic development. A primary goal of this strategic planning process is to help the Estes Valley define what economic development means for the community and develop a vision for the future. Traditionally, the success of an economic development initiative has been measured by its ability to create jobs and capital investment. The focus of traditional economic development activities was business recruitment. In recent years, the definition of economic development in many communities has become more holistic. Holistic economic development encompasses both primary business growth (through entrepreneurship, retention, expansion, and recruitment) and community development (e.g., investing in physical infrastructure, innovation infrastructure, education, better public policies, lifestyle amenities). The success of holistic economic development initiatives is measured by a broader array of metrics, from wealth and income generation to educational performance, business startup activity, and affordability, just to name a few. Among other roles, a proactive holistic economic development program can: •Provide jobs for residents, security, and a greater capacity to enjoy life •Grow the tax base to pay for quality of life amenities, infrastructure, education •Diversify the local industry base to make the community more resilient •Draw talent to the area, helping employers grow •Help employees afford to live closer to jobs and engage in the community •Curb leakage of wages, keeping dollars in town ESTES VALLEY COMMUNITY SURVEY WHEN YOU THINK ABOUT ECONOMIC DEVELOPMENT, YOUR RESPONSE IS GENERALLY: Uncertain 305 Negative 138 Positive 241 COMMON MISCONCEPTIONS “When many people hear economic development they think it is going to ruin the city. They think tall buildings, more traffic, and Wal-Mart.” Source: Estes Valley Community Survey, 2015 52 ESTES VALLEY ECONOMIC DEVELOPMENT STRATEGY – EXECUTIVE SUMMARY avalanche •Support entrepreneurs and local businesses, providing a growing market for their goods and services •Grow the economy in a way that is environmentally sustainable Located in a mountain valley, the Estes Valley’s economy has traditionally been focused on tourism alone. The Estes Valley Economic Development Task Force’s “The Estes Valley’s Economic Future: The Path Forward,” published in 2012, highlighted a growing need for an economic development initiative to address demographic shifts, economic diversification, wealth creation, and other issues. That report led to the formation of the Estes Park EDC and the initiation of this planning process to define and expand the role of economic development in the Estes Valley. When establishing a new role of economic development locally, the Estes Valley must consider that it has limited space for physical growth and a strong desire to retain its unique character and physical beauty. At the same time, many residents see an urgent need for greater economic diversity, increased affordability, and supportive resources to help families and residents of all ages prosper. Considering these desired outcomes expands the role of economic development beyond a traditional approach. In the Estes Valley, economic development must support a broader mission of community development and addressing critical needs. Therefore, the Estes Valley’s definition of economic development must be holistic. Holistic economic development will lead to prosperity for residents and inject new monies into the Estes Valley to invest in cherished assets. The vision, goals, and recommendations in this report assume a holistic definition of economic development. THE GOAL OF ESTES PARK’S ECONOMIC DEVELOPMENT INITIATIVE SHOULD BE TO: Source: Estes Valley Community Survey, 2015 53 ESTES VALLEY ECONOMIC DEVELOPMENT STRATEGY – EXECUTIVE SUMMARY avalanche Current Situation and Challenges The Estes Valley’s geographic location provides a desirable balance between a pristine mountain environment and proximity to one of the nation’s fastest growing metropolitan areas. Rocky Mountain National park, the scenic beauty, a wealth of recreation options, the small-town environment, and a busy arts and events calendar draw new residents and guests to the Estes Valley from across the world and the Front Range. Along with physical assets, the Estes Valley boasts a wealth of human capital. Local residents are well educated, with nearly 50% holding a bachelor’s degree or higher. Many working and retired residents have successful business experience and knowledge, and the community is known for a high rate of volunteerism and civic engagement. These and many others are strengths upon which the Estes Valley can build upon for the future. However, just as the Estes Valley has unique assets, it also faces its own challenges such as: o The Estes Valley used to be a completely seasonal economy focused on tourism, with a large share of businesses shutting their doors during the winter months. Over the past fifty years, the shoulder seasons continue to extend further into the winter, drawing guests from across the nation and Front Range. An increase in year-round residents has also led to more businesses remaining open and providing services throughout the year. Despite these improvements, the Estes Valley’s economy and population remains more seasonal than national averages, creating challenges for businesses trying to stay open and residents looking for a full-range of annual services. Building a more year-round economy will help build overall economic resiliency and increase wages, which retail, restaurants, and other tourism- related businesses do not provide. o With increased year-round residents, housing has also become more expensive and less available in the Estes Valley, creating significant challenges for many workers attempting to find attainable housing. (Seasonal, rental, and purchase options are severely limited.) These housing restrictions, limited childcare options, and a seasonal economy are some of the factors contributing to a decline in the number of young families living and working in the Estes Valley. Many must live outside of the Estes Valley and commute into the community, which compounds instability in the workforce. The Estes Valley’s average age is now among the highest in the country. “People come here for the lifestyle.” “We have some of the best, well-connected trail systems in the country and world-class rock climbing.” Source: Community Survey 2015 54 ESTES VALLEY ECONOMIC DEVELOPMENT STRATEGY – EXECUTIVE SUMMARY avalanche The loss of younger, working age residents is a major concern for local leaders and businesses, because they represent an important employee base that allows for the provision of high-quality services in the Estes Valley, including the medical center, police force, city services, park maintenance, and much more. o Within Colorado, many ski towns have realized the need to diversify their winter-season economies and begun to invest in amenities that promote a summer and off-season guest base. In turn, the Estes Valley is falling behind in terms of annual sales tax revenue and other measures that help a community afford year-round economic development. The Estes Valley is blessed to be located at the hub of Rocky Mountain National Park. However, as other CAST towns increasingly compete against the Estes Valley’s summer guest offerings, the Estes Valley must respond with investments in community amenities that draw in guests, talent, and businesses during off-peak seasons. As building and infrastructure naturally degrade with time, businesses and communities must continuously invest in redevelopment and new construction. Many local businesses cite the Estes Valley’s codes and regulations alongside limited land for redevelopment as major challenges to their current operations and potential for growth and innovation. The Estes Valley faces numerous challenges, but with a wealth of assets and an engaged and educated population, the community is well positioned to approach new opportunities to build economic resiliency through strategic investments. “We are bound by the national park and national forest and do not have the expansion opportunities that other communities might.” “There are concerns that our building codes limit redevelopment of many outdated buildings.” Source: Community Survey 2015 55 ESTES VALLEY ECONOMIC DEVELOPMENT STRATEGY – EXECUTIVE SUMMARY avalanche Economic Development Vision The Estes Valley Economic Development Task Force identified economic development as a priority in 2012, and the Estes Park Economic Development Corporation was formed in 2013. The creation of this report afforded the community an opportunity to clearly define what economic development means in the Estes Valley. It sets forth a vision, and a commitment to goals that will advance the community toward the attainment of that vision. Achieving its economic development vision and goals will require Estes Valley to invest in itself. Some recommendations in this report may seem challenging and even risky. Always keep in mind that businesses choose to invest in communities that invest in themselves. Investments must come from both the public and private sector, with the Town and County investing in key infrastructure and services, and private businesses investing in upgrades and new business models. Businesses grow in communities that have bold plans in place and are working in close cooperation to implement those plans. Launching an economic development strategy is a complex process that brings together a diverse community of residents, business owners, workers, artists, educators, government leaders, and more. While it may initially seem straightforward, drawing together these diverse opinions, statistical data, and outside analyses required nearly 1,500 hours of time – vetting ideas, ensuring they align with the community vision, and forming clear, specific, actionable recommendations. The results of all this facilitation, community engagement, and analyses are seen in this report. The Estes Valley has many community projects currently in motion, requiring different investments of time, money, and public support. Each is a component of this strategic blueprint for success. The recommendations in this report bring together these diverse elements and outline what it will take for the Estes Valley to have a strong, resilient, year-round economy where its residents can prosper and enjoy a high quality of life. In addition, the recommendations aim to create an environment that supports evolving economic activity, protects the Estes Valley’s assets, enhances regional competitiveness, and reinforces the historic values that have made the Estes Valley a unique place to live, work, and visit. People are at the heart of every economy, and businesses thrive in locations that attract and retain talented individuals and families. Estes Valley residents noted the increased challenges of supporting a working family in the community, and businesses expressed a need for more resources to help retain their skilled employees. Workforce housing, childcare options, and other factors that support the people of the Estes Valley are important themes throughout this report. The vision that emerged from this process recognizes that economic development is about making the Estes Valley a stronger community – enhancing both quality of life and economic opportunities while reinforcing local values and culture. 56 ESTES VALLEY ECONOMIC DEVELOPMENT STRATEGY – EXECUTIVE SUMMARY avalanche The vision identified below should be kept in mind when prioritizing investments throughout the community. THE ESTES VALLEY’S ECONOMIC DEVELOPMENT VISION The Estes Valley is the nation’s premier mountain community, supporting a wealth of year-round economic, cultural, and recreational opportunities for a multigenerational and multicultural population of residents, guests, and businesses. All goals and recommendations discussed in the following section are intended to help the Estes Valley achieve this vision by building on existing community strengths to address critical needs and create new opportunities for success. Priority projects and community investments will require money, hard work, and patience, but the return on investment will far exceed the initial cost. 57 ESTES VALLEY ECONOMIC DEVELOPMENT STRATEGY – EXECUTIVE SUMMARY avalanche Building on Strengths and Addressing Critical Needs People say it often, but the Estes Valley truly is a unique mountain community. Nowhere else in the nation can you find such natural beauty, vibrant tourism industry, educated citizens, and high quality of life within a two-hour drive from one of the nation’s fastest growing metropolitan areas and largest airports, as well as three world-class research universities. The strategic planning process highlighted the Estes Valley’s unique position and opportunities and also identified critical challenges to achieving the community’s vision. These challenges may not appear new to some Estes Valley residents, but this strategic planning process validated many challenges and put them within the context of economic development. To achieve the economic development vision set forth in this report, the community must address its most critical needs. The Estes Valley’s future economic vitality and quality of life needs: o A diverse, resilient, year-round economy that helps local businesses expand, attracts new business investment, and provides services for residents and guests o A business environment that supports a continually evolving economy and increases the Estes Valley’s competitiveness for high-paying jobs that attract younger workers and their families o Proactive and collaborative advancement of specific projects that will catalyze economic development, such as the priority projects identified in this report Economic vitality is the driver of quality of life. Heightened economic activity will generate the revenues needed to preserve and protect the Estes Valley's cherished assets and historic values. It will help grow the local workforce and raise household incomes, which will stimulate the economy. Economic development in the Estes Valley must first and foremost concentrate on the needs of existing residents and businesses. The goals and strategies identified in this report will provide roles for all members of the community in building a common vision. 58 ESTES VALLEY ECONOMIC DEVELOPMENT STRATEGY – EXECUTIVE SUMMARY avalanche Top Priorities This report includes a range of community development projects designed to create a more resilient economy and address critical needs in the Estes Valley, but not all recommendations are of equal importance. Some strategies will require long-term planning and capital investments, while others can begin immediately and impose relatively low financial costs. Other recommendations are absolutely essential to achieving community goals. Successful achievement of the Estes Valley’s goals will require completion of the following priority projects in the next five years (in no particular order): 1.Construct and maintain a high-speed broadband network for businesses, residents, and tourists. 2.Review and revise development policies and processes to reflect best practices and encourage redevelopment. 3.Increase the supply of workforce and seasonal housing in the Estes Valley. The three projects are absolutely critical to any community development success in the Estes Valley. Without the completion of the high-speed broadband network, business development in any industries outside of tourism will be challenging. If the Estes Valley does not begin addressing workforce and seasonal housing issues today, local businesses will face ever- increasing problems with finding and retaining workers. Lastly, if building codes and regulatory processes are not updated to match the needs of modern businesses, the Estes Valley will not see necessary investments in redevelopment and local business expansions. Each of these recommendations is different. Some will require action and funding from the Town of Estes Park, and others will involve partner organizations and the private sector. However, most projects are collaborative and will require efforts from the Town of Estes Park, the Estes Park EDC, partner organizations, and private Estes Valley residents and businesses. The Estes Park EDC must play an important role facilitating these collaborations, encouraging project momentum, and educating the public about the benefits of each project. Businesses seek communities that invest in themselves. For the Estes Valley to be successful, it must begin by investing in itself. 59 ESTES VALLEY ECONOMIC DEVELOPMENT STRATEGY – EXECUTIVE SUMMARY avalanche Goal 1 – Physical Infrastructure The Estes Valley proactively invests in projects that both encourage economic diversification through target business cluster growth and enrich its guests' experience. Before the Estes Valley can expect businesses to invest in the community, it must invest in itself. Businesses, residents, and guests alike are drawn to communities that have bold plans and work together to implement them. Building an economy that employs residents and offers services and products year round will require investing in the community and creating a supportive environment for primary businesses. Because high-speed broadband connectivity is essential for almost all businesses in the modern economy, the Broadband Initiative is one of the top priorities for the Estes Valley. The Community Center, Wellness Center, Performing Arts Center, Stanley Film Center, and other projects will all help build a more resilient year-round economy and support targeted businesses. Priorities To achieve this goal, the highest priorities for the Estes Valley are: 1.Constructing and maintain a high-speed broadband network for businesses and residents 2.Implementing flood mitigation measures that reduce the risk to lives and properties and minimize insurance premium increases upon final floodplain designation. 3.Supporting the development of the Estes Park Wellness Center 4.Encouraging the establishment of the Stanley Film Center Additional activities that will help support this goal include: › Promoting the completion of the Rocky Mountain Performing Arts Center › Continuing to support and construct the Community Center › Working with the forest service, as other communities have done, to expand recreational activities within the Roosevelt National Forest › Upgrading and constructing athletic and recreational facilities as needed to support target-cluster development › Upgrading and expanding the Estes Park Conference center to make it more competitive in attracting conference business with similar facilities across the Mountain West. 60 ESTES VALLEY ECONOMIC DEVELOPMENT STRATEGY – EXECUTIVE SUMMARY avalanche Goal 2 – Business Climate The Estes Valley government and business leaders embrace thoughtful policies and practices that help businesses succeed. This goal focuses on policy changes and new programs that will improve the Estes Valley’s business climate, addressing the needs of existing businesses and those wishing to establish new operations in the community. Structures in any community inevitably age and require upgrades over the years to keep them safe, modern, and attractive. Current building codes, zoning, and regulations in the Estes Valley often make this type of redevelopment and new construction time consuming and expensive. Addressing these and other challenges facing businesses requires reviewing and updating local codes and regulations, developing a cohesive plan for redevelopment opportunities, creating programs to encourage redevelopment of existing properties, and identifying new development projects that maximize the potential of available land. To encourage the redevelopment of outdated properties and infrastructure, new business investment, and greater land-use diversity, the Town of Estes Park should continue with the downtown master planning process and consider making changes to current building and land regulations. Priorities To achieve this goal, the highest priorities for the Estes Valley are: 1.Revising the Town’s current development policies and processes to match the needs of commercial businesses and workforce housing 2.Continuing the downtown master planning process and appropriately updating policies to reflect the new plans Additional activities that will help support this goal include: › Creating incentives to encourage property redevelopment and new investment › Improving communication between developers, property owners, and Town planning and permitting departments › Identifying creative uses for large properties that address community housing, commercial, and other needs 61 ESTES VALLEY ECONOMIC DEVELOPMENT STRATEGY – EXECUTIVE SUMMARY avalanche Goal 3 – Workforce & Education The Estes Valley attracts, retains, and trains a skilled workforce that is supported by a mix of housing options and multigenerational community resources. High demand for housing and limited supply have raised housing costs over the years to the point that home ownership is out of reach for many residents and workers, particularly in middle-income professions. These limitations have created distinct challenges for local businesses and institutions when trying to attract and retain talented employees critical to community health – including nurses, police officers, and even young, skilled professionals. High costs and limited availability of housing, alongside inadequate childcare options and other concerns, lead many working professionals, particularly those with families, to seek new employment opportunities in other communities, creating high turnover and costs for local businesses. The Estes Valley also needs to invest in the future workforce by establishing education programs that prepare local students for jobs in the community and attract the best and brightest from around the country and world to new opportunities. Linking Mountain Education programs to growing local businesses will help young adults raised in the Estes Valley find local employment and remain in the community. These efforts will reduce the need for local businesses to recruit employees from outside the Estes Valley and build a cyclical system supporting business and encouraging education. This goal requires a combination of policies and programs that encourage the development of assets to address critical needs, such as attainable housing and childcare centers, and also prepares a future workforce to sustain the economy and build economic resiliency. Priorities To achieve this goal, the highest priorities for the Estes Valley are: 1.Increasing the supply of workforce and seasonal housing in the Estes Valley Additional activities that will help support this goal include: › Create more infant and childcare facilities through public-private partnerships, incentives for private operations, and regulatory changes that allow for easier construction and operation › Developing entrepreneurship education and internship programs in the Estes Park School District and other new and existing educational institutions › Establishing a flagship Destination Wellness & Hospitality Education Center 62 ESTES VALLEY ECONOMIC DEVELOPMENT STRATEGY – EXECUTIVE SUMMARY 16 avalanche Goal 4 – Entrepreneurship & Innovation The Estes Valley is known nationally, if not globally, as a center for mountain entrepreneurship and provides world-class support for growing businesses. A majority of people in the US works for small businesses, and these small businesses are a primary source of new job and wealth creation. Due to limited space for new development and a desire to remain a beautiful mountain community, economic development in the Estes Valley should focus less on attracting large business operations and more on supporting existing primary businesses and encouraging startups. The Estes Valley is a natural fit for entrepreneurs in the IT, Craft Goods, Wellness, and Outdoor industries. However, it could be an even more viable location for entrepreneurs and their primary businesses. Specifically, investing in high-speed broadband infrastructure, increasing the availability of real estate (new construction and redevelopment), and adding local resources like financing and mentors will greatly enhance the Estes Valley’s climate for entrepreneurs. The following recommendations build on strengths and address challenges. They are intended to support existing primary businesses and new startups while building the Estes Valley’s reputation as a national center for mountain entrepreneurship. Priorities To achieve this goal, the highest priorities for the Estes Valley are: 1. Continuing to develop a business incubator that fosters fast-growing startups in one or more of the Estes Valley’s target clusters 2. Establishing a local revolving loan fund Additional activities that will help support this goal include: › Creating a 1 Million Cups program › Establishing an Estes Valley Craft Spirits Association › Creating a Business Advisor Program to enlist successful local business people and retirees to mentor growing businesses and startups › Creating a Telecommuters Meet Up 63 ESTES VALLEY ECONOMIC DEVELOPMENT STRATEGY – EXECUTIVE SUMMARY avalanche Goal 5 – Marketing The Estes Valley brand reflects a destination for guests, residents, and high-paying primary jobs. Estes Park is an internationally recognized name, known for its beauty and proximity to Rocky Mountain National Park. For 100 years, families have visited the Estes Valley, returned to their homes, and spread the word about this unique mountain valley. That same reputation has drawn new residents who seek the Estes Valley lifestyle to start businesses and find ways to live and work locally. The Estes Valley’s reputation is intimately linked to its visitor industry. Many businesses have been built and thrived locally to serve guests during visitor seasons. Tourism is the Estes Valley’s largest employer. To accomplish a more diverse, year-round economy (that complements the tourism sector), the Estes Valley must increase awareness that it is also a premier destination for high paying primary jobs. Building this awareness will begin by correcting misperceptions that the Estes Valley is not business friendly. In recent years, the Town has taken strides to work more closely with business owners and adopt more progressive policies and practices. The creation of the EDC, advancements in priority projects like the broadband initiative, and investment in this report are all major steps forward. There is a need to further communicate these advancements to businesses both inside and outside of the Estes Valley. To diversify the economy and support a range of businesses, the Estes Valley should create and communicate a consistent brand that celebrates the community as a destination for both guests and businesses. Tourism and business are complementary, not opposed to one another. With proper communications and product development, many guests will see opportunities to live and work there, and primary businesses, such as those in the Estes Valley’s target industries, will draw customers and attention that will, in turn, support the tourism industry. Priorities To achieve this goal, the highest priorities for the Estes Valley are: 1.Conveying a high quality, unified brand in all community investments and communications 2.Ensuring that the Estes Valley is represented in regional and state marketing and recruitment activities 3.Establishing and sustaining the Estes Arts District Additional activities that will help support this goal include: 64 ESTES VALLEY ECONOMIC DEVELOPMENT STRATEGY – EXECUTIVE SUMMARY avalanche › Actively recruiting events, tournaments, and corporate conferences at the Multipurpose Events Center, Conference Center, and other facilities › Creating a “Made in Estes Park” trademark for local products and services › Expanding and sharing the community events calendar › Providing more outreach to the Latino community and bilingual resources Capacity Building Implementing the recommendations in this report will require coordinating efforts between the Estes Park EDC, Town of Estes Park, Visit Estes Park, and numerous other organizations, individuals, entrepreneurs, and businesses throughout the Estes Valley, region, and State of Colorado. Completion of priority projects and implementation of other recommended activities will also require funding that is not currently available in Town or EDC coffers. Because the EDC is a young organization and the Estes Valley is relatively new to economic development, it is important to establish clear roles for Partner Organizations in the community. Implementation will also require collaboration and communication with the community at large. Throughout this planning process, Avalanche Consulting has discussed organizational responsibilities with Partner Organizations as well as observed their interaction. The following section, Organizational Assessment & Recommendations, shares the consulting team’s suggested roles and responsibilities for Partner Organizations. These recommendations are intended to strengthen these organizations and make them increasingly sustainable and effective over time. It also provides strategies for boosting the Estes Valley’s overall capacity for economic development. Suggested improvements are based on best practices from the consulting team’s extensive 20+ years serving as strategists for communities across the country. The overall objective of capacity building is to provide the Estes Valley with the skills, tools, processes, and resources necessary to implement the recommendations in this report moving forward. An extensive list of grant programs and other tools to support the recommendations in this report is included. 65 ESTES VALLEY ECONOMIC DEVELOPMENT STRATEGY – EXECUTIVE SUMMARY avalanche Ten Things to Remember About This Report The following factors will be discussed throughout this report and are important to bear in mind while reading through the document. 1.The Town of Estes Park, Estes Park EDC, and Local Marketing District will play leading roles, but economic development requires the involvement of many individuals, businesses, and stakeholder organizations throughout the Estes Valley. 2.The recommendations in this report are designed to be comprehensive and includes some activities that are either currently planned or underway. This report coordinates with and reinforces productive activities that are already in place. 3.There is an intimate connection between economic development and quality of life. One cannot occur without the other. The high-wage primary businesses recommended as target industries will also enhance the experience of visiting and living in the Estes Valley. Investing in destination products will make the Estes Valley an appealing place for target industries. 4.The focus of economic development in the Estes Valley should be on entrepreneurship and supporting the expansion of local businesses. Regional and state economic development organizations should manage the majority of business recruitment activity. 5.Addressing the Estes Valley’s critical needs and achieving its vision will not be free. The community must be willing to invest in itself if it expects for businesses to invest in the Estes Valley. 6.This is a living strategy that should be reviewed and updated over time to adapt to changes in the marketplace. A system should be set into place for reporting implementation progress back to the community on a regular basis. 7.There are no silver bullets that solve community challenges. Addressing the Estes Valley’s critical needs takes a coordinated, multipronged approach. 8.There will never be 100% unanimous agreement on every recommendation and every word choice in this report. Striving for an elusive consensus will delay and quite possibly derail implementation. 9.To successfully accomplish the Estes Valley’s economic development vision and goals will require an unprecedented level of cooperation and communication. Setting aside differences and working together toward greater goals is essential. 10.Economic development is a marathon, not a sprint. Implementing recommendations will require long-term community investments and continued momentum and patience for years to come.66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 February 27, 2017 Discussion of Hydrology Study Results March 14, 2017 Discussion of Building Code Applicability to Vacation Rentals – Follow Up April 25, 2017 Review Service Proposal list for 2017 Budget December 12, 2017 Final Review of 2017 Strategic Plan Items Approved - Unscheduled: (Items are not in order of priority) Making Board Emails available to the Public - Follow Up Short update on the Downtown Neighborhood plan. Discussion of Rural Transportation Authority. Discussion and review of Fish Hatchery RFP Review Various Code Clean Up Issues Suggestion for a Town Housing Coordinator Study Session Items for Board Consideration: Future Town Board Study Session Agenda Items February 14, 2017 81