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Home My WebLink AboutPACKET Town Board 2003-10-28Prepared 10/23/03 The Mission of the Town of Estes Fark le to plan and provide reliable, high- value services for our citizens, vieitore, and employees. Ws take great pride 0 9 ensuring and enhancing the G[uality of life In our community by being zood stewards of public resources and natural eettir,0. Ntkiey BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, October 28,2003 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated October 14, 2003. 2. Bills. 3. Committee Minutes: A. Public Works, 16,2003: 1. Municipal Building Remodeling Project: (a) Preliminary Maximum Price, (b) Final Design/Build Scope of Services. B. Public Safety, October 23,2003: Police Department 1. Elkhorn Ave. Street Closure for Halloween Activities, October 31, 2003. Fire Department 1. "Slash" Disposal Site (Pilot Program) - Fairgrounds. 2. ACTION ITEMS: 1. A. HIGH PERFORMANCE: CULTURE'S CONTRIBUTION TO DOWNTOWN - PRESENTATION. EPURA Commissioner Al Wasson. B. ESTES PARK CULTURAL CENTER (Wiest Theatre) - PRESENTATION OF CONCEPTUAL DESIGN. Roger Thorn/Thorn & Associates. C. ESTES PARK CULTURAL CENTER (Wiest Theatre) FEASIBILITY STUDY PROPOSAL - REQUEST APPROVAL. Town Administrator Widmer. 2. BUSINESS DEVELOPMENT DEPARTMENT - REORGANIZATION. Business Development Director Pickering. 3. ESTES PARK CHAMBER RESORT ASSOCIATION - FULFILLMENT EXTENSION CONTRACT. Assistant Town Administrator Repola. 4. TOWN ADMINISTRATOR'S REPORT. 5. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 1 Town of Estes Park, Larimer County, Colorado, October 14, 2003 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimet County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 14Â¤' day of October, 2003. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker David Habecker Lori Jeffrey-Clark Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: Stephen W. Gillette and G. Wayne Newsom, Trustees Mayor Baudek called the meeting to order at 7:00 p.m. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee Jeffrey-Clark commented that the National League of Cities has designated October 19-25 as "Little Kids, Big Plans Weer to focus nationwide attention on the importance of quality early care and education for young children. Toward that end, a Breakfast Roundtable is planned October 22nd at 7:30 a.m. at the Senior Center, and the public was encouraged to attend. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated September 23,2003. 2. Bills. 3. Committee Minutes: A. Community Development, October 2,2003: 4. Estes Park Housing Authority, September 10,2003 (acknowledgment only). 5. Estes Valley Board of Appeals, September 5,2003 (acknowledgement only). 6. Estes Valley Board of Adjustment, September 9,2003 (acknowledgement only). 7. Estes Valley Planning Commission, September 16, 2003 (acknowledgement only). 8. Resolution #10-03 - Approving Contract #04 HA4 00030 and #04 HA4 00032 between CDOT (80%) and the Town (20%) for the Hike/Bike Trail along Fish Creek Rd., from Country Club Dr. to Carriag6 Dr., and the Fall River Hike/Bike Â¥ f Board of Trustees - October 14, 2003 - Page 2 Trail, Phase 111 along Fall River Rd. from Valley Rd. to the Sleepy Hollow Subdivisi6n area. It was moved and seconded (Doylen/Jeffrey-Clark) the consent agenda be approved, and it passed unanimously. lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek opened the Public Hearing for all Consent Agenda Items, and announced that if the Apblicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: 1. FINAL SUBDIVISION PLATS. A. Pawnee Meadow, Second Filing, Lots 4 and 5, Pawnee Meadow Subdivision, First Filing, Scott & Kim Miller/Applicants. CONTINUED TO NOVEMBER 11, 2003 - APPLICANT'S REQUEST. 2. FINAL CONDOMINIUM MAPS: A. Solitude Condominiums 111, Supplemental Map 11, Lot 3, Solitude Subdivision, Crystal Creek Development, Inc./Applicant. B. Solitude Condominiums IV, Supplemental Map 11, Lot 4, Solitude Subdivision, Crystal Creek Development, Inc./Applicant. C. Cedar Ridge Condominiums 111, Supplemental Map 1, Portion of Lot 4, Beaver Point Third Addition, Cedar Ridge at Estes, LLC/Applicant. As there was no testimony, Mayor Baudek closed the public hearing and it was moved and seconded (Habecker/Doylen) Item 1.A. be continued to November 11, 2003 and Items 2.A - C. be approved, and it passed unanimously. 2. ACTION ITEMS: A. Portion of Block 7 Amendments, modifying Chapter 9, Planned Unit Developments. Mayor Baudek opened the Public Hearing, and Community Development Dir. Joseph reviewed the proposed modifications. The one-sentence change in the PUD process is under the number of units allowed/density section-"Any unit that is less than or equal to 800 s.f. in size shall be considered a guest unit, regardless of kitchen configuration, for purposes of density calculations of a commercial accommodations use in a Mixed Use PUD." Town Attorney White read the Ordinance, and there being no public testimony, it was moved and seconded (Doylen/Habecker) Ordinance #17-03 be approved, and it passed unanimously. 2. ACTION ITEMS: 1. RESOLUTION #11-03 - INTRODUCTION OF PRELIMINARY 2004 BUDGET. Finance Officer Brandjord read the Resolution summarizing expenditures and revenue for each fund, introducing the preliminary budget for 2004. The public hearing for adoption of the 2004 Budget is scheduled November 11, 2003. It was moved and seconded (Barker/Jeffrey-Clark) Resolution #11-03 be approved, and it passed unanimously. Board of Trustees - October 14, 2003 - Page 3 2. A. SECOND AMENDMENT TO THE CONFERENCE CENTER LEASE PURCHASE AGREEMENT BETWEEN THE ESTES PARK URBAN RENEWAL AUTHORITY & THE TOWN OF ESTES PARK, ORDINANCE #18-03. Finance Officer Brandjord stated that due to the debt financing EPURA is undertaking, a Second Amendment to the Conference Center Lease Purchase Agreement is required. The lease payment schedule was reviewed, and Town Attorney White noted that due to the multi-year lease, an Ordinance is also required. Attorney White read the Ordinance, and it was moved and seconded (Habecker/Barker) Ordinance #18-03 be approved, and it passed unanimously. B. FOURTH AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE ESTES PARK URBAN RENEWAL AUTHORITY & THE TOWN OF ESTES PARK. Finance Officer Brandjord reported that the Fourth Amendment is necessary to reflect the change in the sizing of the bond issue. Total debt service for the Refunding and Improvement Bonds is estimated 1$900,000/yr. through 2007, with a final payment of*$500,000 in 2008. C. SECOND AMENDMENT TO THE COOPERATION AGREEMENT BETWEEN THE ESTES PARK URBAN RENEWAL AUTHORITY & THE TOWN OF ESTES PARK. Officer Brandjord stated that the Second Amendment revises the original agreement to provide for the flow of excess funds fro the increment area, and brings the agreement in line with the conditions of the current bond agreements and conditions. It was moved and seconded (Habecker/Barker) the Fourth Amendment to the IGA, and the Second Amendment to the Cooperation Agreement, both between EPURA and the Town be approved, and it passed unanimously. 3. TOWN ADMINISTRATOR'S REPORT. A. Sales Tax Update. August sales tax revenues are up 4.5% from 2002, bringing the year-to-date figure to +1.3%. August is the largest August ever, being second only to last month in size. The year-to-date figure for the budget is +1.5%. B. Kavak Course Construction. This EPURA project is now underway, and the Board was encouraged to tour the worksite. C. Knoll-Willows Pedestrian Trail. Construction has begun on this trail, and work will be performed following the Public Works Committee's procedure to minimize the impact to the natural environment. D. Lienemann/Fall River Estates Lawsuit. Town Attorney White reported that Mr. Lienemann had sued the Town based on his 1971 Agreement for water service to his development. Mr. Lienemann claimed the Town was prohibited from connecting additional properties to the water system. The judge has ruled in the Town's favor stating the Deed was given to the Town without reservation. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 7:23 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk 1 1 RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, October 16, 2003 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 16th day of October, 2003. Committee: Chairman Barker, Trustees Doylen and Habecker Attending: All Also Attending: Town Administrator Widmer, Public Works Director Linnane, Const. Mgr. Sievers, and Deputy Clerk van Deutekom Absent: None Chairman Barker called the meeting to order at 8:00 a.m. MUNICIPAL BUILDING REMODEL PROJECT - REQUEST (1) ACCEPTANCE OF PRELIMINARY MAXIMUM PRICE: (2) APPROVAL TO PROCEED WITH PROJECT: (3) APPROVAL OF FINAL DESIGN/BUILD SCOPE OF SERVICES. The Scope of Services for the Part 2 Design/Build Services for the Municipal Building Remodel Project includes preparation of the Final Design with a Preliminary Guaranteed Maximum Price (PGMP) of $478,000 for the construction and design costs. Also included in the Scope are architect and contractor fees, proposed future phase lobby improvements, unanticipated concrete demolition, miscellaneous changes to the restrooms, and Finance Department office space changes. The following project costs were presented: Scope of Services: > Architect's fee $ 34,000 > General Conditions fees 33,630 > Contractor fees 18,683 $ 86,313 Construction Cost Estimate: > Construction $ 391,687 Preliminary Guaranteed Maximum Price $ 478,000 Staff anticipates presenting the Final Design and Guaranteed Maximum Price for approval at the January 2004 meeting. Construction would begin in January and be completed by June 2004 (tentative). Roger Thorp/Thorn Associates reviewed the Scope of Services and highlighted project changes, noting that remodeling costs are approximately $124/per sq. ft. Chairman Barker expressed concern regarding the interior glass windows separating the Finance Dept. from the public. Mr. Thorn noted that the design could be modified, eliminating the counter windows and speaker device. The 2003 revised and 2004 draft budgets include $478,000 for this project, $286,000 and $198,000 respectively. The Committee recommends 1) approval to proceed with the Municipal Building Remodel Project; 2) acceptance of the Preliminary Guaranteed Maximum Price of $478,000; and 3) approval of the Final Design/Build Scope of Services at a cost of $86,313 (included in the PGMP), subject to Town Board approval of the 2003 and 2004 budgeted funds listed above. This project will be reviewed at the Town Board Budget Study Session scheduled October 30th. RECORD OF PROCEEDINGS $ , Public Works Committee - October 16, 2003 - Page 2 REPORTS. Commercial Cardboard Recycle Presentation. Bruce GranVEstes Park Citizens for Recycling (EPCR) reported that, according to the UPS Regional Manager, the amount of cardboard delivered to Estes Park (by UPS alone) in the summer months rivals that of Boulder. Most of the cardboard is commercial and typically ends up in trash containers. EPCR, in conjunction with Waste-Not Recycling, has developed a plan to have commercial cardboard recycling be self sufficient within 8 months (projected). Many local businesses are willing to participate and contribute to the costs of the program, especially if it is convenient and will not exceed the cost for their current trash services. Approximately 100 businesses are required to participate in the program to make it self supporting, with businesses paying between $20-$200 per month. EPCR requests assistance from the Town for the following: * Location , Utilities > Baler $10,000 (purchase) $ 300/mo - 4 year term (lease) > Start-up costs $2,000 (containers and signs) $5,000 (labor, billing, initial employee, vehicle, fuel, advertising, and printing) Areas discussed include location, storage and transportation requirements, landfill restrictions, County fees, and site/location restrictions. Those speaking in favor of the concept of recycling included Rick Hurt/A-1 Services and Sarah Holt. The Committee indicated they agreed with the concept of the program. EPCR will continue discussions with Waste Management and staff regarding site selection. This funding request will be discussed at upcoming Town Board Budget Study Session A scheduled October 30: Chairman Barker thanked EPCR for their presentation. Gateway Sign - Hwy. 34. Director Linnane reported that the sign is in place and lighting will be installed soon. Landscaping near the sign will be installed subject to funding availability. Fish Creelt Trail Construction. Const. Mgr. Sievers reported that trail construction is again underway and a temporary culvert will remain in place until the bridge is installed. Completion of this section of the trail (terminating at Country Club Dr.) is anticipated in early December. Neighborhood meetings will be held earlier in the design process for the next phase of the trail. Knoll Willows Trail. Construction of the bridge has been placed on hold until staff can approve the design. Bridge aesthetics were discussed. There being no further business, Chairman Barker adjourned the meeting at 9:13 a.m. Rebecca van Deutekom, CMC, Deputy Towp Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, October 23,2003 Minutes of a Regular meeting of the PUBLIC SAFETY COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 23rd day of October, 2003. Committee: Chairman Gillette, Trustees Jeffrey-Clark and Newsom Attending: All Also Attending: Town Administrator Widmer, Police Chief Richardson, Fire Chief Dorman, Commanders Filsinger and van Deutekom, Sgt. Kufeld, EVRJP Exec. Dir. Lee, Mgr. Bartram, Clerk O'Connor Absent None Chairman Gillette called the meeting to order at 7:30 a.m. POLICE DEPARTMENT. Elkhorn Street Closure for Halloween Activities - Request Approval. Commander Filsinger reported that the Police Dept. is again promoting the Downtown Halloween Program and youth safety by requesting the closure of Elkhorn Ave. to vehicular traffic from Spruce Dr. to East Riverside Dr., beginning at 5:00 p.m. until approximately 9:00 p.m. on Friday, October 319. The Committee recommends approval of the request as outlined above. Public Safety Meeting Cancellation due to Holiday Season - Request Approval. The regularly scheduled Committee meetings for November and December occur on Thanksgiving Day and Christmas Day, thus staff is requesting approval to cancel both meetings. The Committee recommends approval of the request; however, a special meeting could be scheduled should an emergency arise. Reports. 1. Community Survey. Chief Richardson presented a "Community Satisfaction Survey" form created to measure services received from all Police Dept. employees. Staff is recommending implementation of the survey (in January, 2004) to create a dual evaluation process for performance-based merit increases, and to create an organization where employees are accountable both to one another and to organizational goals. The quarterly survey would be randomly selected from the Police Department's entire "contact" pool, and information will be included explaining particulars of the survey. 2. Police Department Employee Disciplinary Review Board. In January, 2004, the Dept. will implement a new Policy and Procedure and Employee Disciplinary Review Board to ensure fair and consistent management practices when disciplinary action (suspensions, demotions or terminations) is deemed appropriate. The Disciplinary Review Board is advisory only to the Police Chief, and the Chief will appoint three members and two alternates, consisting of line employees from each of the three operating units within the Dept. An annual training session is required and established procedure will be followed. Town Attorney White has reviewed the Policy and his recommendations have been included, and additional review is underway by Mayor Baudek and Administrator Widmer. Chief Richardson confirmed that any personnel action documentation would be maintained as a permanent non- active record. An additional revision will include reference to the Town-wide Appeal Process. A Police Dept. employee could bypass the Review Board and follow the Town-wide Process and/or request an independent hearing officer. 3. Community Service Officer Program - Report on meeting with Downtown RECORD OF PROCEEDINGS Public Safety - October 23,2003 - Page 2 Merchants. Commander van Deutekom reported on the meeting held October 8th to present the 2003 program changes, justification thereof, and to seek the merchants' comments. The Committee reviewed nineteen suggestions offered by the merchants, and staff is recommending inclusion of the following: a. Station a CSO at the corner of Elkhorn Ave. and Riverside Dr./Riverside Dr./Moraine Ave. to control pedestrian traffic and provide assistance as required by the visiting population. b. Continue to work with Public Works Dept. and CDOT personnel to ensure the traffic control devices currently used are sequenced properly to control vehicle traffic during the high-visiting season. However, these traffic lights are not yet computerized-they are "timed" which makes sequencing difficult. How use Academy grads? Discussion followed on the utilization of the Police Volunteer Auxiliary Unit, and staff confirmed that the Dept. may recruit potential volunteers from this Unit. CDOT does own two electronic message signage boards, however, a user fee is assessed. 4. NIBRS Third Quarter Report. The Committee reviewed said Report. 5. Complaint Letter - Liquor Service. In a letter dated August 25,2003 submitted by Carolyn B. Alfvin, a complaint was lodged against The Stanley Hotel whereby an intoxicated person(s) was served. The Dept. investigated the complaint and discovered that The Stanley terminated the two employees responsible for serving intoxicated persons. Chairman Gillette requested Ms. Alfvin be so advised. 6. Estes Valley Restorative Justice Program (EVRJP). Exec. Dir. Lee reported that since February, 2003,34 cases have been referred to EVRJP. Of these, 7 offenders were referred back to Municipal Court for disposition. Of the 27 cases, 19 have successfully completed their community agreements, 4 are pending completion, and 4 failed to complete their community agreements. To date, the EVRJP has realized a success rate of 70%. Estes Park's Program is the only Restorative Justice Program in the US currently managing alcohol violation cases. Other communities consider underage alcohol violations as "victimless crime"; however, the EPRJP believes community members are adversely affected by underage alcohol violations and will continue to address this issue. The Program serves 14 to 19-year olds, all from varied backgrounds, and noteworthy is the fact that a significant number of offenders do not live with their parents. Following discussion on informing the community of this highly successful program, Exec. Dir. Lee will prepare a press release; brochures are also being created. The Committee commended Exec. Dir. Lee. 7. Vehicle Noise Report. Chief Richardson reviewed his findings concerning vehicle pollution violations between the Police Departments of Boulder, Loveland and Ft. Collins, and the Colorado State Patrol. Research of State Statutes, Model Traffic Code and Municipal Code was also conducted, and to accomplish objective and reasonable enforcement of noise violations and altered exhaust systems, staff is recommending: a. Adopting an ordinance that specifies acceptable noise levels by appropriate decibel levels and distances. b. Posting noise enforcement signs on each primary roadway entrance into the Town Limits. c. Purchase three decibel meters ($80*/ea.) for the Police Department. d. Train all patrol officers in the proper use of the decibel meter equipment. e. Train officers to properly inspect exhaust systems for alterations. f. Formalize enforcement standards and develop internal department policy on noise enforcement issues. Concluding an exchange of ideas and comments, the Committee recommends the installation of noise enforcement signs, with Officers directed to take appropriate action when observed by the Officer. RECORD OF PROCEEDINGS Public Safety - October 23,2003 - Page 3 FIRE DEPARTMENT. "Slash" Disposal Site Pilot Program - Request approval of site location. Chief Dorman commented on the Wildfire Mitigation Program, and introduced Tony Simons/Larimer County Wildfire Safety Specialist who gave a PowerPoint presentation on the Program. Homeowners have been working on lessening wildfire on private property and forests in the area, and one recurring issue is that a slash collection site is needed. Through joint cooperation and a County grant, the County a grant at no cost to the Town to assist in making the community more fire resistive. The Estes Park Volunteer Fire Dept. recommends opening a collection site as a pilot project as follows: â€¢ Using a portion of the Fairgrounds property as the drop-off area that is fenced-off and behind a gate; â€¢ The drop-off schedule would be on Saturdays from 9:00 a.m. until 3:00 p.m., beginning November 1St through November 2gth Cor until the site is maximized). â€¢ Fire Dept. personnel will monitor the site during the drop-off time. â€¢ A contractor would chip/grind the material by December 15th and removed by January 15, 2004 (depending upon contractor availability and weather permitting). A question-answer period followed, with the Committee recommending approval of the site, authorizing staff to advertise the program and contacting the Public Works Dept. to determine whether the Christmas Tree Recycling Program could be coordinated. Reports: 1. Third Quarter Incident Run and Year-to-Date Incident Reports. The Committee reviewed the reports as presented. 2. Mutual Aid Training at Rawhide Power Plant. PRPA has requested the EPVFD to participate in a meeting scheduled October 28th to prepare a full-scale exercise to become familiar with the Power Plant facility, network, response plans, communications systems, and the like. One engine and crew and will be involved in the full-scale scenario that will be scheduled this spring. 3. Homeland Security Grant Award for Decontamination Trailer. The Town applied for a grant to Homeland Security and the Fire Dept. requested a decontamination trailer. The trailer is estimated at $84,000 and the Dept. has been awarded the grant. Commander Filsinger further explained the grant process and extensive agency cooperation to assist in duplication of equipmenuresources. 4. Child Safety Seat Inspections. As previously reported, Chief Dorman has acquired certification to conduct child safety seat inspections. This service is now available at the Fire Station and a press release will be prepared. Statistics indicate that 90% of all child safety seats are installed incorrectly. There being no further business, Chairman Gillette adjourned the meeting at 8:45 a.m. Vickie O'Connor, CMC, Town Clerk Administration Department Memo To: Honorable Mayor Baudek Board of Trustees , From: Rich Widmer -7~4~{~ Town Administratop' Date: October 24,~ Subject: Feasibility Study - Estes Park Cultural Center (Wiest Theatre) Background. Attached to this memo is a proposal from AMS Planning & Research to perform a feasibility study of the Estes Park Cultural Center (EPCC). This firm specializes in theatre feasibility studies and was highly recommended by Semple Brown, our design architects. Semple Brown has used this company on many projects with great success. Staff asked for this proposal after hearing from the Board concerns about what the operational costs and related economic benefits would be for the EPCC. The proposal includes a Needs Assessment, looking at the existing programs, analyzing the local market, reviewing competitive facilities and doing comparative studies of other relevant performing arts venues. Phase 2 of the study will focus on management and operations, including staffing needs, projected revenues, operating expenses, and an analysis of net gain/loss. Finally, they will do an analysis of the economic impact and benefits of the project, including expenditures, employment, and other direct, indirect, and induced impact. The assessment of economic impact will be performed for each of the three methods of phasing the EPCC. The study will take approximately 4 months to produce. Budget The fee is $29,000 plus up to $6,000 for expenses. Money is available in the Friends of Stanley Hall Fund for this study. Action Staff recommends acceptance of the proposal at a cost of $29,000 plus up to $6,000 for expenses. t dÂ»'--C-â€ž:-: ...iumf@f-9 4,24%7-71~37 2*Â£5 -r=:4. timi~-.. September 3,2003 Mr. Randy Repola Midwest Office: Assistant Town Administrator 8147 Delmar, Suite 218 Town of Estes Park ' P.O. Box 1200 St. Louis, MO 63130 Estes Park, CO 80517 314.727.2880 Fax 314.727.0348 Dear Randy: htto://ams-online.com On behalf of AMS Planning & Research I am pleased to submit the following revised proposal to undertake a feasibility study regarding a proposed Cultural email: Center in Estes Park. Following our proposed scope of work some additional aareenbern@ams-online.com background information on our firm is provided. As always, AMS is amenable to modifying our proposed scope of work based on available budget and/or other considerations. Proposed Scope of Services Phase 1 - Needs Assessment 1. Situation Analysis AMS staff will review current data with respect to performing arts programs in the Estes Park market area. We will review previous plans and studies relevant to the project building and site; the client will be asked to assist in identifying and securing relevant materials for review. An initial kick-off project meeting would be held at this stage with the client. Attention would be paid to assembling a Project Task Force to provide on-going input to the consultants during the progress of the work. 2. Market Analysis Following a review of existing market data on the community, a Market Area Assessment will be prepared to explore the potential audience base for programs and activities at the proposed facility. The assessment will draw on demographic and lifestyle data for the region, tourism and visitor statistics and additional regional and local sources. The analysis will utilize AMS's ArtsVisionÂ® demographic and lifestyle database, combining census information and the firm's proprietary lifestyle and arts participation data. We will pay particular attention to quantifying and qualifying year-round resident, seasonal resident, and visitor populations in the Estes Park area. -1- Estes Park Cultural Center Feasibility Study Proposal from AMS Planning & Research 09/03/03 3. Activity Profile AMS would survey local and regional arts, cultural, educational, social and business organizations to determine their potential interest in using a Cultural Center in Estes Park for performances, exhibits, classrooms, educauonal programs and other pubic assembly activities. A combination of mail, telephone and personal interviews and meetings would be conducted to ensure high response and verification of data. Infonnation would be gathered on: .2*5 Current audiences and programs Â£25' Organizational structure (financial, management) Â£23 Needs for facilities (classrooms, office, exhibit, support, performance, technical) and other spaces Â£*f Financial information (i.e., rent paid) An important aspect of the analysis would be to detennine the institutional capacity of prospective residents and users. AMS would assess not only what the organization believes to be its needs for new facilities, but will analyze this information in the context of what it currently pays for space and other variables. A planning workshop (charette) would be held with prospective users to reach consensus on community needs for performance venues and related spaces; it would be desirable for Semple Brown Design to participate in this session (fee not included in this proposal). 4. Competitive Facilities AMS would assemble and evaluate data on existing venues that serve the region, including levels ofuse, marketing and promotion efforts and technical capabilities. Data to be gathered will inqlude: Â£*s~ Description of facilitie s and technical capabilities Â£*f Current use/activities Â£*f Current attendance, marketing efforts Â£25' Political, structural, and organizational factors Â£*f Operating costs, management and operations structures Â£*f Economic impact on the region and financial performance 5. Model Case Studies Comparative studies of a selection of (up to four) relevant performing arts venues in the U.S. will be conducted to provide a context for decision-making. In addition to our own resources, information from relevant national associations will be used to generate comparative program, governance, budget and site information. In selecting sites and programs for study, attention would be paid to size and composition of the market, similarity of mission, local competitive situation, and other factors. Case studies will present information on topics such as: -2- Estes Park Cultural Center Feasibility Study Proposal from AMS Planning & Research 09/03/03 Â£*5 Facilities and activities exhibits, programs and outreach) Â£25' Background on development history Â£*r Capital financing Â£*5 Operating costs, management and operations structures Â£21 Political, structural, and organizational factors 6. Concept Development (Initial Planning Meeting) Data collected in the tasks described above would be summarized and presented at a meeting with the client (and a proposed Planning Task Force, with participation from prospective user groups). The purpose of the meeting would be to come to an understanding and consensus regarding key issues and opportunities for the Cultural Center. At this time preliminary conclusions will be drawn, and the consultants would obtain feedback with respect to physical facility and management recommendations. Phase 2 - Operations 7. Management & Operations Based primarily on the user research and review of the competitive environment and case studies, a management and operating model would be projected for a base (stable) year of operation. Tasks to be completed will include: 2% Recommendations for management, including consideration of the role of public agencies and private organizations (i.e., contract operator). Â£# Projected activity profile for the Cultural Center, including performances, exhibits, classes, meetings, other public programs (e.g., films, lectures, etc.), special events, media -related activities, resident organizations, other rentals and educational programs. Â£0 Delineation of appropriate staffing requirements. Â£*f Projection of income from operations, including rental fees, admission charges, use fees, and concessions. Alternate fee structures for community non-profit, resident companies and commercial users would be determined, and forecast of revenues from ancillary activities such as food service, special programs, broadcast, recording, etc. Â£0 Projection of operating expenses, including salaries and wages, payroll costs, advertising, administration, maintenance and repairs, utilities, equipment leases/rents, overhead and capital reserves. Â£*f Analysis of net gain/loss. A computer-based model enables sensitivity analysis of assumptions regarding tenancy arrangements, utilization, attendance, management structure, building format, rental fees and other variables. AMS would work closely with the client to develop a realistic scenario for the operation of the facility. -3- Estes Park Cultural Center Feasibility Study Proposal from AMS Planning & Research 09/03/03 8. Concept Refinement (Second Planning Meeting) A second planning meeting would be held to review research results and reach consensus on a project concept, focusing on projected usage, prospective tenants, and so forth. 9. Economic Impact AMS will prepare an analysis of the economic impact and benefits of the proposed venue. The following components will be analyzed: *f Direct operating expenditures on wages, services and goods Â£â€¢5 Employment generated Â£*f Impact of ancillary expenditures by audiences attending events at the theater Â£*f Estimated multiplier effect using regional estimators from state or federal sources .e*f Economic impact arising from capital costs - construction wages, services and materials The basis for the analysis will combine data from the feasibility study research and a review of economic impact studies conducted for similar projects across the U.S. The economic impact resulting from direct, indirect and induced (ancillary) impact will be documented. 10. Final Report & Presentation The results of the study would be summarized in a report and presented to the client (and Planning Committee) and/or other appropriate constituencies. A draft report would be circulated for review and comment prior to issuance of a final report version. -4- Estes Park Cultural Center Feasibility Study Proposalfrom AMS Planning & Research 09/03/03 Professional Fees & Expenses AMS is prepared to undertake the scope of work outlined above within a budget of $29,000 plus direct expenses for travel, accommodations, long distance telephone, FAX, courier, etc. (billed at cost as incurred, estimated not to exceed $6,000). The chart below shows an approximate breakdown of fees. Please note that we are amenable to modifying the proposed scope of work within available budget considerations based on further discussions. Task Fee Situation Analysis including Start-Up Meeting) $1,500 Market Analysis $1,500 Activity Profile $5,000 , Competitive Facilities $2,500 Model Case Studies $3,500 ~ Initial Planning Meeting $2,250 1 Management & Operations $5,500 Second Planning Meeting $2,250 Estimate of Economic Impact $1,500 Final Report and Presentation $3,500 TOTAL (professional fees) $29,000 Timeline AMS proposes to complete the study within a timeframe of approximately 3-4 months. This proposed schedule is dependent on a timely approval of draft materials, a minimum of difficulty in scheduling meetings and the availability of background material. AMS would invoice monthly based on task completion. Invoices are due on receipt. Documentation will be provided for all reimbursable expenses. We would be available to commence work in September 2003. Summary AMS would be delighted to work with you on this project. I'lllook forward to learning ofyour response to this proposal; please call me at 014) 727-2880 at your convenience to discuss possible next steps. Thank you for your interest in AMS Planning & Research. Sincerely yours, Arthur Greenberg Director -5- Estes Park Cultural Center Feasibility Study Proposal from AMS Planning & Research 09/03/03 2 AMS Planning & Research AMS Planning & Research Corp. is a national management consulting practice devoted exclusively to cultural development. The firm's core business is to help guide the planning and development of arts facilities, and to assist in the formulation of strategic and long-range plans for arts programs and projects. Through its research affiliate, Audience Insight LLC, AMS conducts market research on arts participation patterns across the U.S. and Canada, and has emerged as the leading provider of market intelligence to the industry. AMS maintains corporate offices in Connecticut (Fairfield), California (Petaluma), and Missouri (St. Louis), and employs a full-time professional staff of twelve. Additionally, the firm maintains informal ties to a range of professional specialists such as architects, acousticians, theatre consultants, M[S specialists and systems designers, box office consultants, and marketing and communications strategists who are brought together in various configurations depending on the demands of each planning assignment. Since its founding in 1988, AMS has gained national recognition for its counsel on a range of important planning projects in all areas of the country. Specifically, the firm conducts feasibility studies for arts programs and facilities, leads strategic planning efforts including merger and collaboration studies, represents owners of new facilities during planning, design and construction, creates community cultural plans, advises on marketing strategies, evaluates grant programs, and authors research reports and White Papers on industry trends. The firm's clients range from large philanthropic foundations to ad hoc citizen's committees in small cities and towns. Numerous government agencies have relied on AMS for critical recommendations on the development of over $1 billion in new construction, renovation, and restoration of capital facilities. The firm's professional staff maintains valuable connections with senior administrators across the spectrum of arts agencies, museums and attractions, and performing arts groups including opera companies, orchestras, theatre troupes, and Broadway producers. One of the guiding principles behind the AMS practice is objectivity. Although the firm frequently collaborates with other professionals on complex planning assignments, AMS is not formally associated with theatre or acoustical consultants or architectural firms whose findings might be colored by a potential financial interest in the construction phase or subsequent operation of a new facility. AMS's familiarity with a range of exhibition and performing arts facility types, governance models, and arts infrastructures in urban, suburban, and rural markets adds context to each project. As the professional advisor to the Performing Arts Centers Consortium, an infonnal group of CEOs ofthe 301argest North American performing arts centers, AMS has a broad perspective on the issues and challenges confronting cultural development in American cities. -6- Business Development Memo To: Honorable Mayor Baudek and Board of Trustees From: Tom Pickering Date: October 24,2003 Re: Business Development Reorganization Background: In April of this year the town reorganized the Marketing Department into the Business Development Department. With the completion of the Fulfillment Task Force report and their recommendations given to the Board, the Business Development Department is beginning to formalize the Task Force recommendations into an action plan. Please accept the following background as the staff recommendation for the formation of the Marketing Advisory Board. 2003 has seen another difficult year for the tourism Industry on whole. Estes Park and the State of Colorado have reported less than stellar operating revenues for the third year in a row. The tourism industry in the State continues to struggle with limited marketing funding. The Governor added 9 million dollars to the Colorado Tourism Office funding to be divided between the years 2004 and 2005 in an effort to jump-start the sagging tourism economy. The CTO received 5 million dollars a year from the State Budget. At the same time the Legislature eliminated half of the permanent funding the CTO received from the State Budget last year. Early indicators show the State will need to cut additional moneys from its budget for the next year. The Chairman of the budget committee has indicated that the remaining balance of permanent funding for tourism is negotiable. Estes Park has seen a steady drop in hotel occupancy along with phone inquiries for the last three years. This is consistent with other communities in the state. In doing our due diligence for the Task Force it became very clear that Estes Park has one of the larger tourism economies in the state. We compare to Denver, Colorado Springs, and Grand Junction in terms of number of visitors, spending, and seasonality. In meeting with their tourism officials each expressed the important role their Chambers play in their community economic vitality. But, without exception they voiced their opinions that for communities that are significant tourism destinations the models have changed. Each of the above-mentioned communities along with Fort Collins, Greeley, and Boulder has adopted the Convention and Visitors Bureau (CVB) model to serve their guests and a separate Chamber of Commerce to serve the local businesses. They each cited examples of focusing on 1 core responsibilities while they work together on many important projects. They- also.felt given the variety of businesses in Estes Park that serve residents or other ' local businesses our Chamber of Commerce Â· and the Town's Business Development Department need to clearly redefine their roles and separate to better serve their clients. The feeling is that we are confusing our customers. As staff looked at traditional CVB's they look very similar to our Business Development Department. CVB's handle advertising, group sales, public relations, and special events for their towns. Chambers of Commerce handle business programs, seminars on business services, cooperative programs for lessening costs to members, employee education, etc. The one item that CVB's traditionally handle is the answering of their phones. Budget: Budget for 2004 will include capital investment to set up the operation in the visitor center. There will also be costs related to hiring staff for the facility. For an estimate of the potential annual costs, please see the attached budget, titled Action: Staff request consideration of the renaming of the Business Development Department to the "Estes Park Convention and Visitors Bureau." In addition, if the Board so choosea, staff will begin implementation of the Marketing Advisory Board to implement the Task Force recommendations necessary for the marketing of Estes Park. â€¢ Page 2 7-15-1995 2:17AM FROM ESTES PARK CONF CEN 303 773 2374 P. 1 , Visitors Center Operating Expenses Prepared By Tom Pickering Start-Up Costs: Furniture Fixtures and Equipment: $15,000 Computers / Software $15,000 Phone System: $3,000 Web Development: $15,000 Facility Improvements: $5,000 One Time Start-up Costs: $53,000 Annual Operating Expenses: Rent: $00 Insurance: $1,000 Repairs and maintenance: $4,100 Electric: $4,200 Gas: $1,100 Water: $300 Sewer: $500 Phone lines: $7,500 Janitorial Service: $5,000 Provider Service: $4,000 Payroll: $115,000 Annual Operating Expenses: $142,700 Date: October 24,2003 To: Honorable Mayor Baudek & Town Trustees From: Tom Pickering/ Business Development Director Re: Marketing Advisory Board Recommendations and Charter: As we proceed with the formation of this committee, I would like to submit the following as criteria for serving on the Marketing Advisory Board. The individuals should represent a cross section of the community. The initial task will be to guide the creation and implementation of a town-operated Convention and Visitors Bureau. The Board may be disbanded after completion ofthis task, or a new role can be developed. A combination of experience and skills should be considered. The Fulfillment Task Force was very direct in their recommendation for these skills. These should be given a priority. Some other criteria that may be considered could be: 1. Resident of Estes Park (Within the Town Limits) 2. Own a tax collecting Business in Estes Park town limits. 3. Have been a resident for a minimum of 10 years in Estes Park 4. Have served on a town committee or chamber committee in the past. The Charter of the committee will be to re-organize the marketing and fulfillment structure for Estes Park. The following criteria are to be upheld. 1. Form a new marketing organization known as the Estes Park Convention and Visitors Bureau. (This will be a town department). 2. Create the Mission Statement and Position Statement for the new EPCVB 3. Set the organizational goals and objectives ofthe EPCVB 4. Recommend to the Mayor and Trustees the financial operating structure of the EPCVB. 5. Review the facility provided by the town as the locale for the EPCVB and make recommendations for any improvements. 6. Recommend the operating structure, to include any charges or fees, of the EPCVB. 7. Recommend a logo and possible tag line for the EPCVB 8. Make a time line on completing your assignment. MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Randy Repola Date: October 24,2003 Subject: Telephone answering agreement Background: The agreement between the Town of Estes Park and the Estes Park Chamber Resort Association (CRA) for telephone answering services expired on October 1,2003. In addition, the CRA's lease of the Visitor Center has been on a month-to-month term since January 1,2001. The Town has indicated that it will be forming a Marketing Board to define the new direction of the Town's fulfillment efforts. In the interim, the Town will need a short- term agreement with the CRA to ensure that visitor calls are still handled. The attached agreement provides for such a short-term arrangement. Budget/Cost: The table below provides both an historical account of the telephone traffic and costs as well as an estimate ofthe costs under the proposed agreement. The new fee would be $4000 per month less a deduction for the AT&T phone bill. "Net cost to the Town" reflects what we would pay under this proposal given 2003 and 2002 actual phone call volume and costs. The "Difference" as presented is a comparison to what our costs would have been under the former agreement whereby we paid the CRA $1.00 per call and the entire AT&T bill. Number of Cost = # calls AT&T Net cost to Year Month Calls X $1.00 invoice Fee Town Difference 03 January 1,395 $ 1,395 $ 494.74 $ 4,000 $ 3,505.26 $ (2,110.26) f :03.Q Eebroaryti' 9% 311?543 -$.' ~ :~ WI?547,Â·2 *2.556.070Â·i$0,4,00'0,3'$?.3943:93, i$.-U.1,896.93) 03 March 2,117 $ 2,117 $ 698.80 $ 4,000 $ 3,301.20 $ (1,184.20) 9:69Â·.. 4rill?'192.7 1 2 771,5561 ~$-4.'43(556'2 '$5749401' >$.>4~00011 $3:505IOf'$Â»*{1]949.97): 03 May 2,684 $ 2,684 $ 1,026.92 $ 4,000 $ 2,973.08 $ (289.08) %03 5 9'Dnet . 'i :441035r. :$&3.4-2,035 Â·Â· .ili<446.1,31 -$.'4;0681* .$:-5,823.-87 : '}$13.-024.1-.13 03 July 4,661 $ 4,661 $ 1,853.67 $ 4,000 $ 2,146.33 $ 2,514.67 3263?<AMili@192 ,.~31.3,355:i .$~ 123~3Â·'355.i ,$'<.-181394-: 314(000Â¥.$.-,3,818.'06.1 :$ ,2tt463106) 03 September 2,688 $ 2,688 $ 894.88 $ 4,000 $ 3,105.12 $ (417.12) 11)3?8 ectobe41Â· 4.~.41 921*4 ,$fitiw ":9211*2$ '1312.45â‚¬.$:~-4?6001' '49.3,687,553 Â·$1'(2,766:55) 02 November 1,292 $ 1,292 $ 435.61 $ 4,000 $ 3,564.39 $ (2,272.39) T W V y . /" I I ' .1 â€¢ars Â· ,/Il % 3.01% Dedembert. 9%11~t:6571249: ... 9857,'~~4 .2&0.98 1 $*9~,boot tÂ·577,79:023 32(3,12102) Totals 25,908 $ 25,908 $ 8,346.22 $ 48,000 $39,653.78 $(13,745.78) Recommendation: Staffrequests consideration of the phone answering agreement and determination of the appropriate duration of said agreement. Action could include authorization of the Mayor to enter into such an agreement based upon the Board' s desires relative to terms, conditions and duration. AGREEMENT THIS AGREEMENT, effective the 1St day of October, 2003, is by and between THE TOWN OF ESTES PARK, ("the Town") a Municipal Corporation and THE ESTES PARK CHAMBER RESORT ASSOCIATION, ("The Chamber"). WITNESSETH: WHEREAS, The Town, pursuant to statutory authority, conducts an advertising program for the purpose of advertising the business, social, and educational advantages, the natural resources, and the scenic attractions of the Estes Park area; and WHEREAS, as part of that advertising program, there is a necessity to maintain an adequate staff and program to answer inquiries prompted by the Town's advertising program; and WHEREAS, the Chamber is an appropriate party to provide the staff and services necessary to provide answering services for the Town; and WHEREAS, the parties wish to set forth the terms and conditions of their agreement concerning these above matters. NOW THEREFORE, IN CONSIDERATION OF THE ABOVE RECITATIONS AND OTHER GOOD AND VALUABLE CONSIDERATIONS, THE PARTIES AGREE AS FOLLOWS: 1. The Chamber will provide and train adequate staff to answer incoming 800 calls generated by the Town's advertising program within the standards and guidelines established by the Town's advertising manager and the Chamber. The Town shall pay the Chamber $4,000.00 per month for this service. 2. The Chamber will provide all personnel, equipment, and software necessary to accomplish the duties set forth in paragraph 1 above, including paying all phone fees and charges. 3. The parties understand and agree that leads (names, e-mail addresses, and phone numbers, generated by telephone inquiries and website hits) are the property of the Town. The Chamber may distribute these leads to its members but shall not sell or transfer these leads to any third party. 4. The term of this Agreement shall be for the period of October 1, 2003 through ,2004. 5. The Chamber will prominently display the Town's toll free number, "800-44- ESTES" in the 2004 Vacation Planner. The Chamber will pay postage to deliver the Vacation Planner in response to customer requests with the Town paying bulk postage. 6. The Chamber agrees that it is an independent contractor under the terms and conditions of this Agreement. As such, the Chamber is not entitled to employment or insurance benefits through the Town. Also, the Chamber understands and agrees that it is solely responsible for all Federal and State income tax, FICA taxes, unemployment and insurance taxes. The Chamber also understands and agrees that it is responsible for workers compensation coverage and taxes for itself and any employee. 7. In the event of any default by either party in the terms and conditions hereof, the non-defaulting party shall give the defaulting party ten (10) days' notice in writing of said default. If said default is not cured within said 10-day period, the non-defaulting party shall be entitled to begin legal proceedings, including an action for specific performance and/or damages. Damages shall include all reasonable attorneys fees and court costs incurred by the non-defaulting party. 2 8. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid as follows: Town of Estes Park The Estes Park Chamber Resort Attn: Town Administrator Association P. O. Box 1200 Attn: Executive Director Estes Park, Colorado 80517 500 Big Thompson Avenue Estes Park, Colorado 80517 9. This Agreement contains the entire understanding of the parties. Any amendment or modification hereto shall be in writing and executed by both parties. 10. This Agreement may not be assigned by the Chamber. 11. This Agreement shall be binding upon and inure to the benefit of the parties hereto including their successors. 12. This Agreement shall be governed by the laws of the State of Colorado. Venue for any litigation regarding this Agreement shall be in the District Court, Larimer County, Colorado. IN WITNESS WHEREOF, both parties hereby execute this Agreement: THE ESTES PARK CHAMBER RESORT ASSOCIATION By: President 3 TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk 4