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HomeMy Public PortalAboutTBP 2021-03-03Board of Trustees Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday March 3, 2021 7:00 PM - 9:00 PM NOTE: Times are approximate and agenda subject to change Due to COVID -19 social distancing requirements the Fraser Board Room will only allow for participation of 4 people (not including Board and Staff). People with items scheduled on the agenda will be admitted before any public, not on the agenda, until capacity is reached. All others will have the opportunity to digitally attend the meeting with the information provided below. Zoom Meeting Information Meeting ID: 884 7713 4725 Phone 1 -346 -248 -7799 Roll Call Approval Of Agenda Consent Agenda Minutes February 17, 2021 TBM 2021 -02 -17.Pdf Resolution 2021 -03 -02 Surety Reduction East Mountain Filing 12 Resolution 2021 -03 -02 Surety Reduction EMF 12.Pdf Executive Session For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24 -6 -402(4)(b), and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e), regarding real estate matters. Discussion And Possible Action Regarding Resolution 2021 03 -01 Grand Park Drive Improvement Agreement Resolution 2021 -03 -01 -GP Drive Improvement Agreement.pdf Improvement Agreement -GP Drive.pdf EXHIBIT A To Settlement Agreement GP Drive.pdf Economic Development Advisory Committee Applications Memo To Appoint EDAC Members.pdf EDAC Applications.pdf Ordinance 480 Economic Development Advisory Committee Residential Requirements Ordinance 480 Eligibility Of The EDAC Members.pdf Town Board Recruitment Process Memo To Appoint TB Trustee.pdf KFFR Funding Request KFFR To Town Of Fraser Feb 2021.Pdf High Country Stampede Rodeo Funding Request Sponsor Levels.pdf Open Forum a) Business not on the agenda (If you would like to request time on the agenda please contact the Town Clerk, Antoinette McVeigh at 970 -726 -5491 ext. 201) Updates Photo Video Contest - Sarah Deed Restriction Program Update - Antoinette Committee Minutes EDACM 2021 -01 -26.Pdf EDACM 2021 -02 -23.Pdf PAC 2_19_21.Pdf Adjourn UPCOMING MEETING WED. MARCH 17, 2021 BOARD OF TRUSTEES 1.7:00 P.M. 2. 3. a. Documents: b. Documents: 4. 5. a. Documents: b. Documents: c. Documents: d. Documents: e. Documents: f. Documents: 6. 7. a. b. c. Documents: 8. Board Staff Direct : Define the service, product or value to be delivered Lead : Future focused planning Protect : Establish the operational boundaries to be respected by Staff and monitored by the Board Manage : Now focused policy and procedural guidance to ensure on time, on budget, and on target service delivery Enable : Advocacy, resource development, and role discipline Accomplish : Ensure the work defined by the direction of the Board of Trustees is accomplished Board of TrusteesRegular Meeting AgendaFraser Town Hall, 153 Fraser Avenue and VirtuallyWednesday March 3, 20217:00 PM - 9:00 PMNOTE: Times are approximate and agenda subject to change Due to COVID -19 social distancing requirements the Fraser Board Room will only allow for participation of 4 people (not including Board and Staff). People with items scheduled on the agenda will be admitted before any public, not on the agenda, until capacity is reached. All others will have the opportunity to digitally attend the meeting with the information provided below.Zoom Meeting Information Meeting ID: 884 7713 4725 Phone 1 -346 -248 -7799Roll CallApproval Of AgendaConsent AgendaMinutes February 17, 2021TBM 2021 -02 -17.PdfResolution 2021 -03 -02 Surety Reduction East Mountain Filing 12Resolution 2021 -03 -02 Surety Reduction EMF 12.PdfExecutive Session For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24 -6 -402(4)(b), and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e), regarding real estate matters. Discussion And Possible Action Regarding Resolution 2021 03 -01 Grand Park Drive Improvement Agreement Resolution 2021 -03 -01 -GP Drive Improvement Agreement.pdf Improvement Agreement -GP Drive.pdf EXHIBIT A To Settlement Agreement GP Drive.pdf Economic Development Advisory Committee Applications Memo To Appoint EDAC Members.pdf EDAC Applications.pdf Ordinance 480 Economic Development Advisory Committee Residential Requirements Ordinance 480 Eligibility Of The EDAC Members.pdf Town Board Recruitment Process Memo To Appoint TB Trustee.pdf KFFR Funding Request KFFR To Town Of Fraser Feb 2021.Pdf High Country Stampede Rodeo Funding Request Sponsor Levels.pdf Open Forum a) Business not on the agenda (If you would like to request time on the agenda please contact the Town Clerk, Antoinette McVeigh at 970 -726 -5491 ext. 201) Updates Photo Video Contest - Sarah Deed Restriction Program Update - Antoinette Committee Minutes EDACM 2021 -01 -26.Pdf EDACM 2021 -02 -23.Pdf PAC 2_19_21.Pdf Adjourn UPCOMING MEETING WED. MARCH 17, 2021 BOARD OF TRUSTEES 1.7:00 P.M.2.3.a.Documents:b.Documents:4. 5. a. Documents: b. Documents: c. Documents: d. Documents: e. Documents: f. Documents: 6. 7. a. b. c. Documents: 8. Board Staff Direct : Define the service, product or value to be delivered Lead : Future focused planning Protect : Establish the operational boundaries to be respected by Staff and monitored by the Board Manage : Now focused policy and procedural guidance to ensure on time, on budget, and on target service delivery Enable : Advocacy, resource development, and role discipline Accomplish : Ensure the work defined by the direction of the Board of Trustees is accomplished Board of TrusteesRegular Meeting AgendaFraser Town Hall, 153 Fraser Avenue and VirtuallyWednesday March 3, 20217:00 PM - 9:00 PMNOTE: Times are approximate and agenda subject to change Due to COVID -19 social distancing requirements the Fraser Board Room will only allow for participation of 4 people (not including Board and Staff). People with items scheduled on the agenda will be admitted before any public, not on the agenda, until capacity is reached. All others will have the opportunity to digitally attend the meeting with the information provided below.Zoom Meeting Information Meeting ID: 884 7713 4725 Phone 1 -346 -248 -7799Roll CallApproval Of AgendaConsent AgendaMinutes February 17, 2021TBM 2021 -02 -17.PdfResolution 2021 -03 -02 Surety Reduction East Mountain Filing 12Resolution 2021 -03 -02 Surety Reduction EMF 12.PdfExecutive Session For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24 -6 -402(4)(b), and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e), regarding real estate matters.Discussion And Possible Action RegardingResolution 2021 03 -01 Grand Park Drive Improvement AgreementResolution 2021 -03 -01 -GP Drive Improvement Agreement.pdfImprovement Agreement -GP Drive.pdfEXHIBIT A To Settlement Agreement GP Drive.pdfEconomic Development Advisory Committee ApplicationsMemo To Appoint EDAC Members.pdfEDAC Applications.pdfOrdinance 480 Economic Development Advisory Committee Residential RequirementsOrdinance 480 Eligibility Of The EDAC Members.pdfTown Board Recruitment ProcessMemo To Appoint TB Trustee.pdfKFFR Funding RequestKFFR To Town Of Fraser Feb 2021.PdfHigh Country Stampede Rodeo Funding RequestSponsor Levels.pdfOpen Foruma) Business not on the agenda(If you would like to request time on the agenda please contact the Town Clerk, Antoinette McVeigh at 970 -726 -5491 ext. 201)UpdatesPhoto Video Contest - SarahDeed Restriction Program Update - AntoinetteCommittee Minutes EDACM 2021 -01 -26.Pdf EDACM 2021 -02 -23.Pdf PAC 2_19_21.Pdf Adjourn UPCOMING MEETING WED. MARCH 17, 2021 BOARD OF TRUSTEES 1.7:00 P.M.2.3.a.Documents:b.Documents:4.5.a.Documents:b.Documents:c.Documents:d.Documents:e.Documents:f.Documents:6.7.a.b.c. Documents: 8. Board Staff Direct : Define the service, product or value to be delivered Lead : Future focused planning Protect : Establish the operational boundaries to be respected by Staff and monitored by the Board Manage : Now focused policy and procedural guidance to ensure on time, on budget, and on target service delivery Enable : Advocacy, resource development, and role discipline Accomplish : Ensure the work defined by the direction of the Board of Trustees is accomplished FRASER BOARD OF TRUSTEES MINUTES DATE:February 17, 2021 MEETING:Board of Trustees Regular Meeting PLACE:Fraser Town Hall Board Room and Virtually PRESENT Board:Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Andy Miller, Brian Cerkvenik, Katie Soles, Parnell Quinn and Ryan Barwick Staff:Interim Town Manager, Wesley LaVanchy; Town Clerk, Antoinette McVeigh; Town Planner, Catherine Trotter; Marketing and Economic Development Manager, Sarah Wieck; Finance Manager, Beth Williams; Assistant Town Manager, Michael Brack; General Accounting, Becky Alison; Police Chief, Glen Trainor Others:N/A Mayor Vandernail called the meeting to order at 7:00 p.m. 1.Rollcall: Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Andy Miller, Brian Cerkvenik, Katie Soles, Parnell Quinn and Ryan Barwick 2.Approval of Agenda: Trustee Barwick moved, and Trustee Cerkvenik seconded the motion to approve the agenda. Motion carried: 7-0. 3.Consent Agenda: a. Minutes February 3, 2021 Trustee Barwick moved, and Trustee Soles seconded the motion to approve the agenda. Motion carried: 7-0. 4.Executive Session: For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b), and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6- 402(4)(e), regarding economic incentive program request. Including Interim Town Manager Wesley LaVanchy, Town Clerk Antoinette McVeigh, Assistant Town Manager Michael Brack, Town Planner Catherine Trotter and Town Attorney Rod McGowan and Building Department Official, Tom Hawkinson Trustee Cerkvenik moved, and Trustee Soles seconded the motion to open the Executive Session. Motion carried: 7-0. Page 2 of 4 Trustee Soles moved, and Trustee Waldow seconded the motion to close the Executive Session. Motion carried: 7-0. Attorney’s Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B). As the attorney representing the Town of Fraser, I am of the opinion that the entire executive session, which was not recorded, constituted a privileged attorney-client communication. _______________________________ Rod McGowan, Town Attorney 5. Executive Session: For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b), and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6- 402(4)(e), regarding development matters. Including Interim Town Manager Wesley LaVanchy, Town Clerk Antoinette McVeigh, Assistant Town Manager Michael Brack, Town Planner Catherine Trotter and Town Attorney Rod McGowan Trustee Cerkvenik moved, and Trustee Soles seconded the motion to open the Executive Session. Motion carried: 7-0. Trustee Miller moved, and Trustee Soles seconded the motion to close the Executive Session. Motion carried: 7-0. Attorney’s Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B). As the attorney representing the Town of Fraser, I am of the opinion that the entire executive session, which was not recorded, constituted a privileged attorney-client communication. _______________________________ Rod McGowan, Town Attorney 6.Executive Session: For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b), and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6- 402(4)(e), regarding Public Health. Including Interim Town Manager Wesley LaVanchy, Town Clerk Antoinette McVeigh, Assistant Town Manager Michael Brack and Town Attorney Rod McGowan Trustee Cerkvenik moved, and Trustee Soles seconded the motion to open the Executive Session. Motion carried: 7-0. Trustee Miller moved, and Trustee Soles seconded the motion to close the Executive Session. Motion carried: 7-0. Page 3 of 4 Attorney’s Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B). As the attorney representing the Town of Fraser, I am of the opinion that the entire executive session, which was not recorded, constituted a privileged attorney-client communication. _______________________________ Rod McGowan, Town Attorney 7.Discussion And Possible Action Regarding: a)Public Health Order Update The latest Public Health Order was provided in the packet. Mayor Vandernail Statement: I was not involved with the Grand County Public Health or Colorado Public Health in making this decision what so ever. I had no conversations with Darcy or Abbie, I was not even invited to the conversation. Trustee Barwick motioned to re-fund the program that was set up in November/December timeframe to help out the restaurants and bars that were affected by the COVID restriction changes at this time. Put $25,000 back into that fund to be available to businesses that have been shut down by government agencies due to COVID regulations whether it’s a state, county or municipality. Use the same or similar application process that we utilized in the November/December timeframe and allow those businesses to apply for assistance as needed. Motion seconded by Trustee Cerkvenik and Trustee Miller clarified the motion to state any governing agency not municipality. Motion carried: 7-0 ITM LaVanchy will work with Grand County for reimbursement for this money at a minimum once they receive CARES Act Money. b)Business Enhancement Grant Program Marketing and Economic Development Manager, Sarah Wieck presented to the Board. The Economic Development Advisory Committee recommended allowing business to use the funds for COVID specific upgrades and also for exterior enhancements as it was originally set up for. There is $50,000 in the 2021 budget. Trustee Soles moved, and Trustee Miller to reinstate our business enhancement grant program motion was amended to say as it was originally stated and for COVID updates, Trustees Miller seconded the amended motion. Motion carried: 7-0 c)Economic Development Advisory Committee Applications The Board thanked all of the applicants. The Board unanimously appointed Autumn Bishop and Kelsey Young. TA McGowan was excused at 9:10 p.m. 8. Open Forum: a) No public comments Page 4 of 4 9.Updates: a) Staff Update on Technology- Michael Raise your hand to comment during the Zoom meeting is active for all participants, a five-minute timer will now be shown to all participants for notification when a meeting will resume. Staff has created a live stream that will be posted through YouTube. The meetings will be available for 180 days after the meeting. This will allow the public to watch a meeting with out participation or sign in. The Board agreed to the live stream via YouTube. The staff is applying for a grant to expand the drop facility and services. The board requested relocation of the donation box for convenience and look into a QR code for online donations. ITM LaVanchy- Merickk has hired a new manager for the Treatment Plant Expansion and is moving forward. b)Staff Update on Events, Marketing and Economic Development – Sarah Fraser’s website is getting updated and a new tourism site is being developed. Mural Festival August 6-8. Trying to enhance the Oktober Fest. Working on an entertainment district. Working on the Colorado Main Street Program. c)Staff Update on Meeting Notices- Antoinette The agendas will contain all Virtual meeting information. The Zoom meeting invites will no longer be sent to any board or committee members. 10.Adjourn: Trustee Soles moved, and Trustee Barwick seconded the motion to adjourn. Motion carried: 7-0. Meeting adjourned at 9:40 p.m. _____________________________ Antoinette McVeigh, Town Clerk TOWN OF FRASER RESOLUTION NO. 2021-03-02 A RESOLUTION APPROVING A PARTIAL REDUCTION IN THE SURETY PURSUANT TO THE SUBDIVISION IMPROVEMENT AGREEMENT (SIA) FOR EAST MOUNTAIN FILING 12. WHEREAS, Rendezvous Colorado, LLC and the Town of Fraser entered into a SIA, Reception #2020011317, to ensure completion of certain infrastructure and which SIA provides for reductions in surety requirements; and WHEREAS, Rendezvous Colorado, LLC has requested a reduction in surety because these improvements are substantially complete and Town Staff has reviewed the request and has determined it to be in conformance with the provisions of said agreement; and WHEREAS, this is the first partial reduction in surety for East Mountain Filing 12 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1.The Town Board of Fraser, Colorado hereby authorizes a partial reduction in the surety required under the terms of the East Mountain Filing 12 SIA from $1,728,735 to $691,494. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 3rd DAY OF March, 2021. Votes in favor: ___BOARD OF TRUSTEES OF THE Votes opposed: ___TOWN OF FRASER, COLORADO Abstained: ___ Absent:___ BY: Mayor ATTEST: (S E A L) Town Clerk -1- TOWN OF FRASER BOARD OF TRUSTEES Resolution No. 2021-03-01 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN IMPROVEMENT AGREEMENT PERTAINING TO GRAND PARK DRIVE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: 1.The Mayor is hereby authorized to execute the Improvement Agreement between the Town of Fraser and Cornerstone Winter Park Holdings, LLC, pertaining to the Grand Park Drive Connector, a copy of which is attached hereto and incorporated herein by this reference, with the following edit: The e-mail address for notices to the Town of Fraser in section 27 is changed to amcveigh@town.fraser.co.us. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS _____ day of __________________________, 2021. Votes in favor: ___BOARD OF TRUSTEES OF THE Votes opposed: ___TOWN OF FRASER, COLORADO Absent: ___ Abstained: ___BY:_____________________________ Mayor ATTEST: ( S E A L ) _______________________________ Town Clerk TOWN OF FRASER, COLORADO IMPROVEMENT AGREEMENT BETWEEN THE TOWN OF FRASER AND CORNERSTONE WINTER PARK HOLDINGS, LLC PERTAINING TO: GRAND PARK DRIVE CONNECTOR TOWN OF FRASER GRAND COUNTY, COLORADO IMPROVEMENT AGREEMENT This Improvements Agreement ("Agreement") is made and entered into by and between the TOWN OF FRASER, a Colorado municipal corporation ("Town") and Cornerstone Winter Park Holdings, LLC ("Developer" or "Cornerstone"). This Agreement shall be effective following execution by the Developer and immediately upon approval by the Fraser Town Board as evidenced by the signature of the Mayor on the date indicated below. 1. Recitals. The parties agree that each of the following statements is true and is a material part of this Agreement A. Developer and the Town are parties to that certain Second Amendment to Annexation Agreement, dated March 31, 2020 (the "Underpass Agreement"), which was also executed by the Town of Winter Park, Colorado, and the West Mountain Metropolitan District. Capitalized words and phrases defined in said Underpass Agreement have the same meaning when used herein. Pursuant to Paragraph 3 and other provisions of the Underpass Agreement, Cornerstone has agreed to construct a portion of Grand Park Drive in the Town, in accordance with the Town's public street and utility standards (the "Improvements"), and to execute an improvement agreement regarding such construction. This Agreement is intended to constitute the improvement agreement required by the terms of the Underpass Agreement. B. The following documents and plans ("Construction Documents") are incorporated into this Agreement for all purposes including illustration and interpretation ofthe terms and conditions of this Agreement. • 100% Construction Plans for Grand Park Drive, Old Victory Road and Railroad Underpass, including revision 7E dated 10-16-20, as approved and executed by the Town. C. Cornerstone is the owner of the land upon which such Grand Park Drive improvements will be constructed (the "Property"). D. The Town seeks to protect the health, safety and general welfare of the community by requiring the completion of various improvements within the development and thereby limiting the harmful effects of substandard improvements. 2. Construction of Required Improvements. Developer agrees to construct, at its sole cost, the Improvements (including required utility services) for the Grand Park Drive connector, as described in the Underpass Agreement and as provided in this Agreement. 3. Construction Schedule. Developer shall complete full construction of the Improvements, including paving, and make a complete submittal to the Town for preliminary acceptance of such Improvements, as provided in this Agreement, no later than June 30, 2021, subject to force majeure events or conditions that are outside of Cornerstone's control. 4. Construction Standards: Pro gress Ins pections. The Improvements shall be constructed in a good and workmanlike manner, strictly in accordance with the Construction Documents, all applicable laws, ordinances, codes, regulations and standards applicable in the Town. There shall be no changes made in the approved Construction Documents and specifications, without the written approval of the Town. Periodic inspections may be made by the Town's staff or designated consultants during the progress of the work to confirm that the Improvements are being constructed in compliance with such requirements. Such inspections may be conducted in a manner and in such areas and at such times, whether scheduled or unannounced, as deemed appropriate by the Town's staff or consultants. Cornerstone hereby grants permission for such persons to enter upon the Property for purposes of making such inspections. Nothing herein shall relieve Cornerstone of the responsibility for insuring that the Improvements are constructed in accordance with the standards set forth herein, nor shall it relieve Cornerstone of its warranty obligations as provided in Paragraph 5. 5. Acce ptance of Improvements. 5.1. Preliminary Acce ptance. Upon completion of the Improvements, Cornerstone shall notify Town staffthat the Improvements are ready for preliminary acceptance and shall provide to the Town three (3) complete sets of the following documentation: (a) adequate assurance by a registered engineer that the Improvements have been constructed and completed in accordance with the approved plans and specifications; (b) "as-built" drawings for the Improvements; (c) all test reports and logs required by the plans and construction drawings and applicable regulations; and (d) an affidavit or affidavits identifying all contractors, subcontractors and materialmen who supplied labor or materials for the Improvements and verifying that all have been fully paid, together with a lien waiver from each such contractor, subcontractor and material supplier acknowledging payment and waiver of any lien rights. The Town of Fraser has adopted water and sewer utility and roadway design and construction standards, and storm drainage design criteria by separate documents. Those standards include additional requirements relating to preliminary and final acceptance of required -2- Improvements. Any conveyance documents required by the Town shall also be submitted to the Town for review and approval. Upon satisfaction of these requirements, and subject to the applicable terms and conditions of the Town's regulations, the Town's staff or designated consultants shall inspect the Improvements and shall, as soon as reasonably possible and within ten (l0) business days following the inspection, notify Cornerstone in writing of non- acceptance or preliminary acceptance of the Improvements. If the Improvements are not accepted, the reasons for non-acceptance shall be stated. The Town shall not be required to make inspections during any period when climatic conditions interfere with making a thorough inspection, as reasonably determined by the Town representative making the inspection. Preliminary acceptance of all or any portion of the Improvements does not constitute a waiver by the Town of any defect in or failure of the Improvements that is detected or which occurs after preliminary acceptance of the Improvements, nor shall such acceptance operate to release Cornerstone from its warranty as herein provided. Upon preliminary acceptance, the Town will assume responsibility for snow removal on accepted public streets, but the applicant shall remain responsible for all other maintenance and repairs pending final acceptance. 5.2. Final Acce ptance. Final acceptance ofthe Improvements by the Town requires formal action by the Fraser Board of Trustees, after the Improvements have been completed, inspected and certified for final acceptance by Town staff. The Town shall not be required to finally accept any Improvements until the Town determines that: A. The Improvements have been satisfactorily completed in accordance with the approved plans and specifications for the Improvements and have been preliminarily accepted by the Town; B. The warranty period provided in Section 6 has ended and any defects found upon inspection of the Improvements have been satisfactorily remedied by Developer; and C. All other applicable requirements contained in this Agreement, the Town's regulations and applicable design and construction standards have been satisfied. Prior to termination of the warranty period, the Town shall inspect the Improvements and shall notify Developer in writing of non-acceptance or final acceptance of the Improvements. If the Improvements are not accepted, the reasons for non-acceptance shall be stated prior to expiration ofthe warranty period. Upon receipt of written notice from Developer and verification of Developer's cure of any outstanding items - 3 - the Town shall, within seven (7) days or at the next regularly scheduled meeting of the Board of Trustees, whichever is later, finally accept the Improvements. 6. Warranty . 6.1. Warrantv . Developer warrants that the Improvements shall remain free from defects for a period of one (1) year from the date that the Town preliminarily accepts the Improvements as provided in Section 5 of this Agreement. During such one (1) year period any defect determined to exist with respect to such Improvements shall be repaired or, if reasonably necessary replaced, at the Town's option, at the sole cost of Developer. The Town shall have no maintenance or repair obligations with respect to the Improvements, except for snow plowing, until the Improvements have been finally accepted by the Town in accordance with Subsection 5.2. At the Town's discretion, it may elect not to plow any accepted public streets until connecting streets are completed and open for public travel. 6.2. Notice of Default; Cure Period. Except as provided in Subsection 6.3 with respect to emergency repairs, the Town shall provide written notice to Developer if inspection reveals that any Improvement is defective for any reason. Developer shall have ten business (10) days from the giving of such notice to remedy the defect. Such ten (10) business day time limit may be extended by the Town if the Town determines that such defect cannot reasonably be remedied within such ten (10) business day period. In the event Developer fails to remedy the defect within the ten (10) business day period, or any extension thereof granted by the Town, the Town may declare a default under this Agreement without further notice. No notice shall be required with respect to emergency repairs except as provided in Subparagraph 6.3. 6.3. Emergency Re pairs. If at any time it appears that the Impr9vements m.ay be significantly damaged or destroyed as a result of a bona fide emergency, an act of god, or due to construction failure, the Town shall have the right, but not the duty, to perform such repairs and take such other action as may be reasonably required in the Town's judgment to protect and preserve the Improvements. The Town shall have no duty to inspect the Improvements to identify emergency situations which may arise. Prior to or concurrent with, or immediately following taking any action pursuant to emergency repairs, the Town shall make a reasonable effort to locate Developer and advise it ofthe existence and nature of the emergency. The reasonableness of Town's efforts to locate Developer shall be determined based upon the nature of the emergency and the Town's efforts to locate and notify Developer. If, after reasonable efforts, Developer cannot be located, the Town shall have the right to enter the Property and perform any needed emergency repairs as herein provided, and, upon written demand, Developer shall reimburse the Town for the costs of such emergency repairs. Failure of Developer to pay to the Town the costs of such emergency repairs within fifteen (15) days after demand shall constitute a default as provided in the default provisions of this Agreement. -4- 6.4. Town Acce ptance for Maintenance. At the end of the warranty period(s), and upon final acceptance of the Improvements as provided in Subsection 5.2 and compliance with the requirements of Section 7, the Town will assume future maintenance and repair responsibilities with respect to the accepted public Improvements. 7. Transfer of Title to Improvements. 7.1. Dedication of Grand Park Drive. As provided in the Underpass Agreement, Cornerstone shall dedicate (or cause the dedication of) the Improvements and the Grand Park Drive street right-of-way to the Town upon final completion and grant of an easement to the Town of Winter Park. The instrument for making such dedication shall in in a form and substance approved by the Town Attorney and shall be accompanied by a policy of title insurance as required by the Town's regulations. 8. Com pliance with Law. 8.1. Compliance with Law. Developer shall comply with all relevant laws, ordinances, and regulations in effect at the time of fulfilling its obligations under this Agreement. 9. Default. The following conditions, occurrences or actions shall constitute a default by Developer under this Agreement: A. Developer's failure to complete construction of the Improvements within the time specified in Section 3; B. Developer's failure to construct the Improvements in accordance with the approved plans and specifications for the Improvements and this Agreement; C. Developer's failure to cure defective construction of any Improvement within the applicable cure period as provided in Subparagraph 6.2; D. Developer's insolvency, the appointment of a receiver for Developer or the filing of a voluntary or involuntary petition in bankruptcy respecting Developer; E. Foreclosure of any lien against the Property or a portion of the Property upon which the Improvements are situated or assignment or conveyance of all or part of such Property in lieu of foreclosure prior to final acceptance of the Improvements and dedication to the Town; F. Developer's failure to pay to Town upon demand the cost of emergency repairs performed in accordance with Subparagraph 6.3 ofthis Agreement; or G. Developer's violation of any provision of this Agreement, the Town's subdivision, zoning or land use regulations, or any other ordinances of the Town; The Town may not declare a default until fifteen (15) days' advance written notice has been given to Developer and Developer has failed to cure the default within that period; - 5 - provided, however, that such notice shall not be required with respect to any defective construction for which a ten (10) days' notice of right to cure has been given in accordance with Subparagraph 6.2 hereof. 10. Recove ry of Damages and Costs. The Town shall be entitled to recover all damages and costs incurred as a consequence of any breach of this Agreement by Developer and enforcement hereof, whether or not suit is brought, including without limitation, all reasonable costs of completing the Improvements, and including all design, engineering, inspection and legal costs, including reasonable attorney fees. 11. Town's Ri ghts U pon Default. In the event of default, the Town shall have the following rights: A. The Town Manager may stop work on the Improvements until a schedule and agreement on compliance for construction has been reached. B. The Town may, but shall not be required to, have the Improvements constructed, repaired or replaced by such means and in such manner as the Town shall determine, without the necessity of public bidding. C. If the Town elects to have the Improvements constructed, repaired or replaced, Developer shall, upon demand, reimburse the Town for all costs incurred by the Town, together with interest thereon as provided in Paragraph 12. D. The Town may exercise such rights it may have under Colorado law, including, without limitation, the right to bring suit against Developer for injunctive relief, for specific performance of this Agreement, or to recover damages for the breach by Developer of this Agreement. E. Developer hereby grants to the Town, its successors, ass.igns, agents, contractors and employees, a non-exclusive right and easement to enter the Property upon which the Improvements are located for the purposes of constructing, maintaining and repairing any Improvements pursuant to the provisions of this Paragraph 11. F. The Town may proceed with restoring and revegetating the site, which may include removal of any uncompleted Improvements, and Developer shall be responsible for all costs thereof. G. The remedies provided for herein are cumulative in nature. 12. Interest. Any sum which is required to be paid by Developer to the Town under this Agreement and which is not timely paid shall accrue interest at eighteen percent (18%) per annum commencing as of the date such sum was due. 13. Public Utilities. Developer shall pay all installation charges for lighting, electricity, natural gas, and cable television, if applicable. All utility lines shall be placed underground in accordance with applicable Town requirements. -6- 14. Relocation of Utili ty Lines and Easements. Developer shall bear all costs associated with relocating any water, sewer, phone, electrical, gas or cable television lines and providing for respective easements for construction of same, if applicable. 15. Debris. Developer shall take all steps necessary to limit and prevent the accumulation of, and to remove accumulated, mud, sediment, dirt, trash and other debris that is carried onto public property or off-site onto private property during construction of said improvements. Such obligation shall continue until the Improvements are completed. If Developer fails to remedy any conditions caused or generated by the development of the Improvements as contemplated by this Agreement within 24 hours of oral or written notice by the Town, Developer agrees to pay to the Town upon demand any costs reasonably incurred by the Town in remedying such conditions. Nothing herein shall obligate the Town to remedy any such conditions or limit the Town in its selection of the method or manner of remedy. 16. Payment of Fees and Charges. Developer agrees to comply with all the ordinances, rules and regulations of the Town and shall pay all fees and other charges in a timely manner as required by the Town, including but not limited to building permit fees, inspection fees, and tap fees imposed by Town ordinance, resolution or motion, or by the terms and conditions of this Agreement. 17. Erosion Control. Developer shall comply with all applicable erosion control measures necessary to construct the Improvements. 18. Contracting Licensin g. Before proceeding with any of the work contemplated herein, Developer shall ensure that all contractors and/or subcontractors employed by Developer shall have paid for and obtained an appropriate business license and other taxes or fees to the Town before commencing work on any of the Improvements. 19. No Third PartiBeneficiaries. It is expressly· understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Town and Developer, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third person on this Agreement. It is the express intention of the Town and Developer that any person other than the Town or Developer receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 20. Indemnification. Developer agrees to indemnify and hold the Town, its officers, employees, agents and insurers harmless from and against all liability, claims, and demands, on account of injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the construction of the Improvements, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by the act, omission, error, professional error, mistake, negligence, intentional act, or other fault of Developer, any subcontractor of Developer, or any officer, employee, representative, or agent of Developer or of any -7- subcontractor of Developer, or which arise out of any worker's compensation claim of any employee of Developer, or of any employee of any subcontractor of Developer. Developer agrees to investigate, handle, respond to, and to provide defense for and defend against any such liability, claims, or demands at the sole expense of Developer. Developer also agrees to bear all other costs and expenses related thereto, including court costs and attorneys' fees, whether or not any such liability, claims or demands alleged are determined to be groundless, false, or fraudulent. 21. No Waiver. No waiver of any provision of this Agreement shall be deemed to constitute a waiver of any other provision, nor shall it be deemed to constitute a continuing waiver unless expressly provided for by a written amendment to this Agreement signed by both the Town and Developer; nor shall the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type. The Town's failure to exercise any right under this Agreement shall not constitute the approval of any wrongful act by Developer or the acceptance of any Improvements. 22. Recordation. This Agreement shall be recorded by the Town in the Office of the Grand County Clerk and Recorder and Developer shall pay the Town the costs thereof upon demand. 23. Immunity . Nothing contained in this Agreement shall constitute a waiver of the Town's sovereign immunity under any applicable state or federal law. 24. Personal Jurisdiction and Venue. Personal jurisdiction and venue for any civil action commenced by either party to this Agreement and arising out of or relating to this Agreement shall be deemed to be proper only if such action is commenced in the District Court of Grand County, Colorado. Developer expressly waives its right to bring such action in or to remove such action to any other court, whether state or federal. 25. Nonassignability. This Agreement may not be assigned by Developer without the prior written consent of the Town. 26. Notices. Any notice required or permitted hereunder shall be in writing and shall be sufficient if personally delivered, mailed by certified mail, return receipt requested, or sent by electronic mail or facsimile, addressed as follows: 27. If to the Town: If to Developer: Town of Fraser Attn: Town Manager P. O. Box 370 Fraser, CO 80442 Phone: (970)-726-5491 Fax No. (970)-726-5518 e-mail: jdurbin@town.fraser.co.us Cornerstone Winter Park Holdings, LLC PO Box 30 -8- Winter Park, CO 80482 Phone: (970) 726-8600 Fax No. (970) 726-8833 e-mail: clark@cstoneholdings.com Notices mailed in accordance with the above provisions shall be deemed to have been given on the third business day after mailing. Notices personally delivered shall be deemed to have been given upon delivery . Notices sent by electronic mail or facsimile shall be deemed to have been given at the time the transmission is received. Nothing herein shall prohibit the giving of notice in the manner provided for in the Colorado Rules of Civil Procedure for service of civil process. 28. Entire A greement. This Agreement, together with the Underpass Agreement, constitute the entire agreement and understanding between the parties relating to the subject matter ofthis Agreement and supersedes any prior agreement or understanding relating to such subject matter. 29. Severability . It is understood and agreed by the parties hereto that if any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, state or federal, the validity ofthe remaining portions or provisions hereof shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 30. Modification. This Agreement may be modified or amended only by a duly authorized written instrument executed by the parties hereto. 31. Counte rp arts. This Agreement may be executed simultaneously in two or more copies, each of which shall be considered an original for all purposes and all of which together shall constitute but one and the same instrument. 32. Binding Effect. This Agreement shall run with the Property, and shall be binding upon, and shall inure to the benefit of, the parties and their respective heirs, successors, assigns, and legal representatives. 33. Governin g Law. This Agreement shall be interpreted in accordance with the laws of the State of Colorado. 34. Ille gal Aliens. Developer certifies that Developer shall comply with the provisions of CRS 8-17.5-101, et seq. Developer shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Developer that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Developer represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and the Department of Homeland Security, or (ii) otherwise will comply -9- with the requirements of CRS 8-17.5-1 02(2)(b )(1). Developer shall not use Basic Pilot Program procedures to undertake preemployment screening of job applicants while this contract is being performed. Developer shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If Developer obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, Developer shall: (a) Notify the subcontractor and the Town within three days that Developer has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (b) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub-paragraph (a) above, the subcontractor does not stop employing or contracting with the illegal alien, unless the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. If Developer fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the Town may terminate this contract for breach of contract, and Developer shall be liable for actual and consequential damages to the Town. Dated to be effective the __ day of ___ ------', 2020. ATTEST: TOWN OF FRASER a Colorado statutory municipal corporation By: _____________ _ Town Clerk Mayor STATE OF COLORADO ) )ss. COUNTY OF GRAND ) The foregoing instrument was acknowledged before me this __ day of , 202_, by ______ ....:>' Mayor, and , Town Clerk of the Town of Fraser, a Colorado statutory municipal corporation. WITNESS my hand and official seal. My commission expires: Notary Public -10- By: __ ~~~ ____ ~~=-____ __ STATEOFCOLORADO ) )ss. COUNTY OF GRAND ) The foregoing instrument was acknowledged before me this 3.-day of , ~ C\().vl {A ?7t)'((\b ' as 'Qe\IJI),bpe V or Cornerstone Winter Par LLC. WITNESS my hand and official seal. ,2021., by oldings, My commission expires: ll. -~~-VJ1J1 b ~ tary Public Janae Champlin NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20 204042088 MY COMMISSION EXPIRES December 3,2024 -11 - KINGS CROSSING 60' FUTURE R.O. 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Ease m e n t A r e a 250' SCALE 1:250 0 JOB NUMBER:ISSUED:REVISED:SHEET:100222020-03-02 EXHIBIT A EXHIBIT A MEMO TO:Mayor Vandernail and the Board of Trustees FROM:Antoinette McVeigh, Town Clerk DATE:March 1, 2021 SUBJECT:EDAC Appointments MATTER BEFORE BOARD: During the Town Board of Trustees meeting on February 17, five applicants were presented to fill the two vacancies on the Economic Development Advisory Committee. The Board voted on the appointments by blind ballot, and objections have been raised that this procedure did not comply with the Colorado Open Meetings Law. The Colorado legislature courts have in recent years redefined what is acceptable in this area. Accordingly, the matter is being brought back before the Board for reconsideration and action. ACTION REQUESTED: It is recommended that that Board consider the applications submitted and vote in open session on the appointment to each open position. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com MEMO TO: Mayor Vandernail and the Board of Trustees FROM: Sarah Wieck, Marketing & Econ Dev Manager DATE: 2/10/2021 SUBJECT: EDAC Open member positions MATTER BEFORE BOARD: EDAC open member positions BACKGROUND: EDAC has two open spots and 5 applications. Attached are all applications ACTION REQUESTED: Fill the two open spots in EDAC From:noreply@civicplus.com To:Antoinette McVeigh Subject:Online Form Submittal: Committee Application Date:Wednesday, January 20, 2021 11:08:35 AM Committee Application First Name Autumn Last Name Bishop Address PO BOX 1870 City Fraser State CO Zip Code 80446 Phone Number 303-725-8554 Email Address autumngranby@gmail.com Committee applying for Economic Development Committee What interests you about serving on this committee? I own a business in town and would love to gain knowledge and energy from other members, as well as contribute to the discussion of the economic development of this great town. Why should the Town Board consider you for appointment/reappointment to this committee? I own a business that supports local makers and artists as part of our mission. I contribute to the offerings of this locale to travelers and locals with our affordably curated goods. I am committed to being open daily to provide a reliable presence. I am community minded and volunteer my time as a board member of the Granby Chamber of Commerce as well as chairing the Public Art Committee for the Town of Granby. What relevant experience, skills, and/or talents do you feel would help you be a contributing member to this committee? I offer a business owner's perspective. I was born and raised in Denver and have lived in Grand County for 12 years and am committed to being a positive force in any way I can, in my chosen county, a place I wish to live for the rest of my life. I am very creative and energetic. I was the general for an extensive renovation of a dilapidated building in Granby that now hosts the Best of Grand business Two Pines Supply. We are proud of the main street improvements we have made in this county and how they benefit the business climate, look and feel of our small towns. Having gone through that renovation adds to my knowledge and experience pertaining to the challenges individuals and towns face in beautifying and breathing life into their downtowns. What additional skills, knowledge, and/or experience would you feel could help you be a better committee member? I was a realtor for 23 years and own property throughout the county as well as manage short term rentals. This adds to my outlook in terms of the issues that face a small town like Fraser, that is an extension of resort areas on all sides, as well as being a recreation and vacation destination on it's own. What do/would you enjoy most about serving on this committee? The collaborative and brainstorming process, learning more about local issues, forward momentum toward common goals. What do/would you enjoy least about serving on this committee? I am pretty busy, I wish I had more time, but this is important and I will carve out the needed time. What is the purpose of the committee? Economic develop that seeks to meet and blend the needs and objectives of business owner's, residents and visitors. What are the goals of the committee? I will be excited to learn what they are! Electronic Signature Agreement I agree. Electronic Signature Autumn C. Bishop Email not displaying correctly? View it in your browser. From:noreply@civicplus.com To:Antoinette McVeigh Subject:Online Form Submittal: Committee Application Date:Tuesday, January 26, 2021 4:04:07 PM Committee Application First Name Jamie Last Name Jensen Address 129 Mills Meadow City Fraser State CO Zip Code 80442 Phone Number 720-939-3068 Email Address jkjensen1099@gmail.com Committee applying for Economic Development Committee What interests you about serving on this committee? My husband and I recently moved to Fraser fulltime last summer. We have spent the last 10 years in the Fraser valley when our work schedules permitted us too. We both grew up in small towns and my career was spent in the Boulder Valley working for an independent health system, where our goal was to build and provide a healthy community. During my career I spent the last 7 years building a population health department where the importance of social determinants to health were a large focus of mine. Those being, secure and affordable housing, mental health access, affordable healthcare and secure and stable employment. Fraser has so much to offer but certainly obstacles exist to boost its potential. I would love to be involved in the community and to make a positive difference while getting to know my neighbors. Why should the Town Board consider you for appointment/reappointment to this committee? I believe my career working in the Boulder Valley provided great experience for this appointment. I worked with the city council as I was the lead on several design and facility builds for the health system. I am well aware of how, in the case of Boulder, a high cost of living will impede a skilled workforce that is needed not only enhance a community but to stabilize a community. I have a passion for small rural communities as I grew in rural IL on a corn and soybean farm, while my husband grew up on a ranch in rural Montana. What relevant experience, skills, and/or talents do you feel would help you be a contributing member to this committee? As mentioned above, I believe my health care experience, while also owning a business with my husband, has prepared me well for this committee. Building and maintaining positive relationships were a keen skill as I worked closely with physicians and certain high functioning individuals that were fiercely independent. What additional skills, knowledge, and/or experience would you feel could help you be a better committee member? Working with city and organizational leaders to push an agenda to help bring new services and/or enhance existing services was a key element of my position in Boulder. I can be resourceful, patient (when needed) and thoughtful to those around me. What do/would you enjoy most about serving on this committee? Helping the community in which I live. Getting to know my community in which I live and making a difference. What do/would you enjoy least about serving on this committee? With COVID I would not enjoy meeting in person to serve on this committee. Until it is safe to do so, I prefer to meet via Zoom then in person when it is safe to do so. What is the purpose of the committee? To advise the town council and planning committee on their goals or otherwise that would enhance and grow Fraser in conjunction with Winter Park when needed. What are the goals of the committee? The goals of this committee would be to work in tandem with the goals of the city council and to serve in an advisory capacity while also bringing forth new ideas to strengthen the economic development to the town of Fraser. Electronic Signature Agreement I agree. Electronic Signature Jamie D. Jensen Email not displaying correctly? View it in your browser. From:noreply@civicplus.com To:Antoinette McVeigh Subject:Online Form Submittal: Committee Application Date:Wednesday, January 20, 2021 12:02:14 PM Committee Application First Name Kelsey Last Name Young Address 101 Doc Susie AVE A3 City Fraser State CO Zip Code 80442 Phone Number 7207222798 Email Address kelso2726@gmail.com Committee applying for Economic Development Committee What interests you about serving on this committee? To help make sure Fraser keeps a small town feel and to protect our locally owned businesses. Why should the Town Board consider you for appointment/reappointment to this committee? Because I live in town and work in town and know many of the locals. What relevant experience, skills, and/or talents do you feel would help you be a contributing member to this committee? Not much, but sometimes a fresh mind is a good thing. What additional skills, knowledge, and/or experience would you feel could help you be a better committee member? I'm smart, quick to learn, and although I think I have a good understanding of how things work around here I'd like to know more, and be involved in the process. What do/would you enjoy most about serving on this committee? Keeping Fraser, Fraser What do/would you enjoy least about serving on this committee? Probably having to deal with old ideals and "because it works" attitudes or having to deal with greed. What is the purpose of the committee? To help the business and residents of Fraser thrive. What are the goals of the committee? To help the business and residents of Fraser thrive. Electronic Signature Agreement I agree. Electronic Signature Kelsey P Young Email not displaying correctly? View it in your browser. From:noreply@civicplus.com To:Antoinette McVeigh Subject:Online Form Submittal: Committee Application Date:Thursday, January 28, 2021 2:54:57 PM Committee Application First Name Lewis Last Name Gregory Address 72 Meadow City Fraser State CO Zip Code 80442-2515 Phone Number 843 442-1535 Email Address lewgreg@comcast.net Committee applying for Economic Development Committee What interests you about serving on this committee? Provide local input for the direction of economic development and assure sensible growth for the Town of Fraser that is consistent with the wishes of the residents. Why should the Town Board consider you for appointment/reappointment to this committee? I am a new full time resident of Fraser (July 2020). Previously involved in city government (Planning Commission) in Isle of Palms, SC and active with town council on a number of issues including starting a Farmers Market for the island. What relevant experience, skills, and/or talents do you feel would help you be a contributing member to this committee? As above. In addition, I am a board certified pediatrician with 25 years of management experience as a physician executive. In addition to MD degree, I have completed a MBA program. What additional skills, knowledge, and/or experience would you feel could help you be a better committee member? As above. Also, can bring a fresh perspective to the town. What do/would you enjoy most about serving on this committee? Getting involved in city government and contributing to a coherent strategy of economic growth for the community. What do/would you enjoy least about serving on this committee? nothing What is the purpose of the committee? Promote the economic development of the community What are the goals of the committee? same as above, in addition to making sure that it is consistent with the strategic direction on the City. Electronic Signature Agreement I agree. Electronic Signature Lewis Gregory Email not displaying correctly? View it in your browser. From:noreply@civicplus.com To:Antoinette McVeigh Subject:Online Form Submittal: Committee Application Date:Wednesday, February 10, 2021 1:42:05 PM Committee Application First Name Mark Last Name Wanning Address Cozens Pointe Cir-G-103-763 City Fraser State CO Zip Code 80442 Phone Number 402-981-0536 Email Address mwanning@outlook.com Committee applying for Economic Development Committee What interests you about serving on this committee? I have been on Planning and Zoning Board in a small town in Iowa and having moved here a couple years ago, decided that I liked being involved in a smaller community. When I became aware of an opening on Fraser's board, I thought it was my opportunity to get involved.. Why should the Town Board consider you for appointment/reappointment to this committee? I would think that the Board would consider putting me on EDAC because I have some experience of being on a town board and have been alive long enough to have some sense of direction. I don't have an agenda of my own that I'm looking to fulfill, but I have an interest in the direction the town of Fraser may take.. What relevant experience, skills, and/or talents do you feel would help you be a contributing member to this committee? As I have submitted above, I have been on small town boards where we had to decide what was best for the town. I think I can fairly evaluate both sides of a situation and decide which plan would be best in a certain situation.. What additional skills, knowledge, and/or experience would you feel could help you be a better committee member? I have worked in various employments and even owned my own business. I feel I know how to make a tough decision if needed, and as I have only my wife and no other strings or baggage in town that may influence my decision, I would not have the pressure that some may have with long associations in town. What do/would you enjoy most about serving on this committee? I would enjoy knowing what was being proposed in town and and perhaps being part of the decision make involved in making it happen. I would also like being a part of a team of good hard working people with a single goal. What do/would you enjoy least about serving on this committee? I would always feel empathy for some whose hopes had been dashed by this committee. It is not enjoyable to crush a dream. But I also know that sometimes denying a person's dream makes them stronger and better. What is the purpose of the committee? I believe the purpose of this committee is to review plans and ideas for developing businesses in the town. Once the decision is made to accept or deny the plan, I would assume it refers the results to the Board of Trustees that will make the final decision. What are the goals of the committee? I feel the goals of this committee should be to place the town of Fraser on an economic path that gives the town the best advantage to sustain a realistic and sustainable direction of economic growth. A growth that generates a viable atmosphere of fairness and realistic opportunities for all. Electronic Signature Agreement I agree. Electronic Signature Mark W Wanning Email not displaying correctly? View it in your browser. TOWN OF FRASER ORDINANCE NO. 480 Series 2021 AN ORDINANCE AMENDING CHAPTER 2 ARTICLE 11 OF THE FRASER MUNICIPAL CODE REGARDING ELIGIBILITY OF THE ECONOMIC DEVELOPEMENT ADVISORY COMMITTEE MEMBERS WHEREAS, the Town Board has determined that including a larger geographical area for eligibility would beneficial. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: PART 1: AMENDMENT OF MUNICIPAL CODE Chapter 2 (Administration), Article 11 of the Fraser Municipal Code (herein sometimes referred to as the "Municipal Code") are hereby amended as follows [Note: additions are shown in bold underlined print; deletions are shown as strikethrough print]: ARTICLE 11 – Economic Development Advisory Committee Sec. 2-11-60. – Eligibility a ) A l l m e m b e r s o f t h e C o m m i t t e e s h a l l b e b o n a f i d e r e s i d e n t s o f t h e T o w n w i t h i n t h e F r a s e r R e c r e a t i o n D i s t r i c t b o u n d a r i e s o r o w n p r o p e r t y w i t h i n t h e T o w n , o r h a v e a t l e a s t t e n p e r c e n t ( 1 0 % ) o w n e r s h i p i n t e r e s t i n a b u s i n e s s t h a t o w n s p r o p e r t y w i t h i n t h e T o w n , o r h o l d a m a n a g e m e n t p o s i t i o n w i t h a b u s i n e s s l o c a t e d i n F r a s e r . C o m m i t t e e m e m b e r s s h o u l d p r o v i d e a b r o a d r e p r e s e n t a t i o n f r o m t h e c o m m u n i t y a n d h a v e a n i n t e r e s t i n p r o m o t i n g t h e b e s t i n t e r e s t s o f t h e T o w n a n d t h e s u r r o u n d i n g c o m m u n i t y ; b e o b j e c t i v e a n d t h o u g h t f u l . PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. PART 5: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS ____ DAY OF ________________, 2021. Votes in favor: ____BOARD OF TRUSTEES OF THE Votes opposed: ____TOWN OF FRASER, COLORADO Votes abstained: ____ BY: Philip Vandernail, Mayor ATTEST: (S E A L) Antoinette McVeigh, Town Clerk Published in the Middle Park Times on __________________________. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com MEMO TO:Mayor Vandernail and the Board of Trustees FROM:Antoinette McVeigh, Town Clerk DATE:February 25, 2021 SUBJECT:Town Board Trustee Replacement Timeline MATTER BEFORE BOARD: Create a timeline to replace a Trustee when a resignation is received. ACTION REQUESTED: Direction from the Board on how to proceed once a resignation is received. The Board has indicated that they would like to fill the vacancy as soon as possible by appointment. Setting up a timeline will give staff direction for the Board achieve this goal. TIMELINE: 1.Resignation is provided in writing. This will include the date the resignation will take effect. 2.Advertise. Staff will begin advertising as soon as possible for 3-4 weeks: a. social media, weekly b. newspaper, twice weekly c. monthly newsletter (published the 2nd Friday each month) d. post office 3.Resumes and Letters of Interest. Once the advertising begins accept resumes for 3-4 weeks. Set a deadline to stop accepting these. 4.Schedule a workshop/meeting after the deadline to review received resumes and letters of interest. 5.Schedule interviews with the chosen candidates at the next meeting or a special meeting. After the interviews, the board will deliberate which candidate to appoint. 6.The board will appoint the chosen candidate at the same meeting as the interviews or at the next meeting if more time is needed to deliberate. ALTERNATIVES: Call for a special election RECOMMENDATION: Staff recommends approving the timeline to advertise, accept resumes and appoint a new board member. MEMO TO: Mayor Vandernail and the Board of Trustees FROM: Sarah Wieck, Marketing & Econ Dev Manager DATE: 3/3/2021 SUBJECT: KFFR request for funding MATTER BEFORE BOARD: Appeal for financial support from KFFR BACKGROUND: KFFR is requesting $20,000 as a timely investment to aid KFFR 88.3 FM Fraser helped KFFR with a generous grant of $8,830 in 2019 as they neared the deadline to move into their new, permanent studio space at the Fraser Valley Center. They also received the support of $1,500 several years earlier to help pay for their illuminated exterior sign. FINACIAL IMPLICATIONS: This is not in the current budget. There is a line item “Grants and Aid to agencies” with $5000 that could potentially be used. STAFF RECOMMENDATION: Board to decide using their best judgment Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com KFFR 88.3 FM Fraser Valley Community Media, Inc. STUDIO: 551 Zerex St, Suites 201-202, Fraser, CO 80442 MAIL: PO Box 2292, Winter Park, CO 80482 Feb. 23, 2021 To the Trustees and Staff of the Town of Fraser: I am writing, first, to thank the Town of Fraser for helping KFFR 88.3 FM/Fraser Valley Community Media through what I hope has been the worst of the pandemic. The opportunities to partner with Fraser on events like the virtual Picnic in the Park series and the Fraser Mountain Mural Festival provided vital community connections, and, for KFFR, earned income when it was critically needed. I am also writing to appeal for financial support from the Town of Fraser to help KFFR in these unprecedented times. We respectfully request $20,000, as a timely investment to aid KFFR 88.3 FM through what we all hope are the final months of the pandemic, and to proceed as we have long planned on our path to a sustainable, local non-profitbroadcast institution. Fraser helped us with a generous grant of $8,830 dollars in 2019, as we neared the deadline to move into our new, permanent studio space at the Fraser Valley Center. We also received support of $1,500 several years earlier to help pay for our illuminated exterior sign. The purpose of the grant would be threefold: 1) Sustain our baseline operations. Included are recurring expenses from utilities, payroll, engineering and legal expenses related to regulatory compliance, and unexpected expenses with maintenance and repair of broadcast gear in one of the harshest environments that the lower 48 states have to offer. 2) Leverage comparable support from peer government and other local institutions. We have observed a healthy competition between some of the local town governments; we think leadership from the Town of Fraser could well spur other stakeholders to make a comparable investment. 3) Help us fast-track design and permitting of a permanent tower site on public land. We took a hard look at our initial plans for a permanent site after the catastrophic East Troublesome Fire last Fall. Given the risks associated with building critical infrastructure in our fire-prone region, we are developing a plan that mitigates those risks as much as possible. We also would like the permanent site to include renewable energy production, so that we can actively model the needed shift away from reliance on fossil fuels. We have been maturing as a non-profit presence in the region, with revenue, membership and business community engagement on the rise. However, the pandemic precipitated a drop in revenue by about 67% over the same period from the previous year. Thanks to the support of many of you individually and as business owners, and through the efforts of a dedicated team of volunteers under the leadership of our Station Manager Steve Skinner, we held a successful membership drive in December, bringing in much needed operational funds and, importantly, recruiting around 50 new, sustaining monthly donors. As our economy recovers, we expect to expand on that support. The grant we are asking for now would serve as a vital bridge to that time. As hard as this year has been, KFFR has still made significant progress: - We tuned our antenna, allowing an increase to our full, licensed power of 10,000 Watts. Planned improvements with a permanent tower, at the same power, will allow us to expand our listening area. - We received our own IRS 501c3 designation in September. - We moved our station manager Steve Skinner from a contract worker to become our first employee on payroll. - We produced a daily, local newscast during the first 2 months of the lockdown, also published online as a podcast, with a total of 80 episodes. - We contributed to local coverage of the forest fires, airing daily updates from the Incident Command Center. - We continue to recruit, train local DJs, bringing a deeper repertoire of local voices to the airwaves. - We also continue an internship program, training high school students in digital content creation and curation, and furthering our engagement with local youth. Our baseline operations run just under $5,000 per month. With the Town of Fraser’s support, and should we succeed in recruiting further investment from regional stakeholders, we are confident in our path to sustainability as the only locally-controlled independent broadcast institution, partnering to build a strong, resilient community. With best wishes, Denis Moynihan President, Fraser Valley Community Media, Inc. dba KFFR 88.3 FM 2021 High Country Stampede Rodeo Sponsor Levels High Country Stampede Rodeo Produced by Winter Park Horseman’s Association PO Box 245 Winter Park, CO 80482 970-449-9040 info@highcountrystampede.com www.highcountrystampede.com Chute Sponsor - $1200 Business name displayed on your Bucking Chute Business name announced each time chute is used Space on HCSR website for logo and link to your website 12 Complimentary Rodeo Tickets Major Sponsor - $800 Recognition numerous times during the rodeo by announcer Business name displayed on crow’s nest side of the Arena 3 x 5 Banner placed on banner board (You supply banner) Space on HCSR website for logo and link to your website 10 Complimentary Rodeo Tickets Banner Sponsor - $300 Recognition during the rodeo by announcer 3 x 5 Banner placed on banner board (You supply banner) Space on HCSR website for logo and link to your website 6 Complimentary Rodeo Tickets Patron of the Rodeo - $100 Name placed on a Thank You Banner Space on HCSR website for logo and link to your website 4 Complimentary Rodeo Tickets Event/Flag Sponsor - $600 Rodeo royalty will present your 3 x 5 flag during the rodeo along with recognition by the rodeo by announcer 3 x 5 Banner placed on banner board (You supply flag & banner) Space on HCSR website for logo and link to your website 8 Complimentary Rodeo Tickets Thank you for your very generous support!! Barrel Wrap Sponsor - $200 Name/Logo placed on 3 Barrels - (Can only accept 3 B. W. Sponsors) Space on HCSR website for logo and link to your website 4 Complimentary Rodeo Tickets ECONOMIC DEVELOPMENT ADVISORY COMMITEE MINUTES DATE:Tuesday, January 26th 2021 MEETING:Economic Development Committee Meeting PLACE:Fraser Town Hall Board Room PRESENT Board:Barry Young, Deb Buhayar, Brian Nicolas, Tara Rose, Paula Stewart Staff:Marketing and Economic Development Manager, Sarah Wieck; Beth Williams, Finance Manager; Wes LaVanchy, Interim Town Manager 1.Regular Meeting: Roll Call Barry called the meeting to order at 9:10 a.m. 2.Approval of Agenda: Deb Buhayar moved, and Paula Stewart seconded the motion to approve the Agenda. Motion carried: 5-0. 3. Consent Agenda: a)Minutes – October 27th 2020 Deb Buhayar moved, and Paula Stewart seconded the motion to consent agenda. Motion carried: 5-0. 4.Discussion a)Colorado Main Street Program a.Set up meeting with Gail Langley b)Revitalizing Main Street CDOT grant c)Tourism website update d)Business enhancement grant program a.Extend to COVID and normal business enhancement projects. e)Economic Development Policy a.Recommendations to board i.In favor of renewal of policy ii.Extend to other types of businesses (light manufacturing and warehouse space) iii.What’s renewal process. Page 2 of 2 iv.Can business owners occupying a new building benefit from sales tax incentives? f)Grand Park Economic Incentives Extensive Request a.Update on market street building progress. i.Exterior potentially finished by summer????? Dependent on extension b.EDAC needs more information and research before a recommendation is given. 5.Open Forum: 6.Other Business: a)Two board openings b)Ask town board for volunteers. 7. Future Agenda Items Deb Buhayar moved, and Paula Stewart seconded the motion to adjourn. Motion carried: 5-0. Meeting adjourned at 11:00 a.m. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINUTES DATE:Tuesday, February 23rd, 2021 MEETING:Economic Development Committee Meeting PLACE:Fraser Town Hall Board Room PRESENT Board:Barry Young, Deb Buhayar, Tara Rose, Paula Stewart, Kelsey Young, Autumn Bishop Staff:Marketing and Economic Development Manager, Sarah Wieck; Town Clerk, Antoinette McVeigh 1.Regular Meeting: Roll Call Barry called the meeting to order at 9:06 a.m. 2.Approval of Agenda: Tara Rose moved, and Autumn Bishop seconded the motion to approve the Agenda. Motion carried: 6-0. 3. Consent Agenda: a)Minutes – January 26th 2021 Tara Rose moved, and Autumn Bishop seconded the motion to consent agenda. Motion carried: 6-0. 4.Discussion a)Introduction of new Committee Members b)Main Street Program c)Entertaiment District Committee Member Kelsey Young made a motion to recommend that the board create an Entertainment District, and Committee member Autumn Bishop seconded. Motion carried 6-0 d)Meeting Notifications 5.Open Forum: 6.Other Business: 7. Future Agenda Items a)Update on Entertainment District Page 2 of 2 b)Colorado Main Street Program Update c)Preview of Town Website? d)Best practices as a committee member Deb Buhayar moved, and Paula Stewart seconded the motion to adjourn. Motion carried: 6-0. Meeting adjourned at 10:30 a.m. PUBLIC ARTS COMMITEE MINUTES DATE:Friday, February 19th 2021 MEETING:Public Arts Committee Regular Meeting PLACE:Fraser Town Hall Board Room PRESENT Board: Steve Fitzgerald, Eric Vandernail, Lisa Baird, Tara Rose, Callie McDermott, Jerilyn Suster Staff:Marketing and Economic Development Manager, Sarah Wieck; 1.Regular Meeting: Roll Call called the meeting to order at 9:02 a.m. 2.Approval of Agenda: Eric moved, and Jerilyn seconded the motion to approve the Agenda. Motion carried: 6-0. 3. Consent Agenda: Minutes – January 15th, 2021 Eric moved, and Jerilyn seconded the motion to approve the consent agenda. Motion carried: 6-0. 4.Discussion a.Fall Event a.Brian FRBC b.Entertainment zone c.Central location d.Incorporate music e.Live artist f.Walking studio tour g.Brewer’s partner with artists h.Website i.Adding page to explorefrasercolorado.com j.Shuttle k.“Artoberfest” l.September 18,19,20 m.Poster memorabilia Page 2 of 2 b.Main Street Program a.Sending info to Pac and Edac c.Mural Festival a.Properties b.Commission property i.Talk to Fraser tire and auto about hillys wall ii.Professional building iii.Cell phone tower iv.Awning at shell v.Ski Broker vi.Elementary school vii.Rec center viii.Moonshine liquor ix.Leaving pawnet earth d. General Mural fest discussion a.Press release, social ad and article and kffr b.Snow blade painting. Blades to be displayed at mural festival c.Find raising for art center during event d.Parking 5.Open Forum: 6.Other Business: 7.Future Agenda Items: a.“Artoberfest” b.Mural Fest plan c.Commission Mural Meeting Adjourned: Callie moved, and Eric seconded the motion to adjourn. Motion carried: 6-0. Meeting adjourned at 10:30 a.m.