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 -
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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
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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
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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.