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HomeMy Public PortalAboutTBP 1999-01-06• TOWN OF ERASER "Icebox of the Nation" P.O. Box 120 / 153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) .726-5518 i. TOWN BOARD AGENDA REGULAR MEETING January 6,.1995, 7:30 p.m. . ~ 1. Roll call 2. Arrr~, val of minutes from 10/7/98 and 10LZ1/98 3. Open Forum a) Jon DeVos, Twin Rivers traffic • 4. Chamber of Commerce Update: Catherine Ross 5. Public Hearing s -none 6. Action Items a} Liquor license renewal, Crooked Creek Saloon b) Liquor license renewal, Bottle Pass Liquors 7. Discussion Items a) Winter Park West Water & Sanitation District N~..NOSed IGAi b) Debriefing the Safeway construction 8. .Staff Choice a) Finance Manager job description b) CAST Sunspot reservations 9. Board Member's Choice a) Other b) Town Manager evaluation Upcoming Meetings • January 20th: Town Board regular meeting and paving workshop January 27th: Planning Commission regular meeting ýÿ ~ : , .. ,._ 3. ~ ~ ~ ~a~ xi..:; ~j: ,a. .+ .w<-, .k ~ a. 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Box 120 / 153 Fraser Avenue Fraser, Colorado 80442 ~p (970) 726-5491 FAX Line: (970) 726-5518 Manager's Briefung: December 31,1998 I haven't decided if this is the last briefing in 1998 or the first in 1999. Either way, its auspicious. - Next Wednesday, we'll begin at 7:00 p.111. with a special meeting at which time staffwill - :. , request an executive session to discuss legal strategies and instruct negotiators in the Clayton ~ , ~"~ ~ , ,,,~ :. Subdivision Improvement Agreemem. Although. I would prefer to not begin the yeaaz in execu_ five " session, when legal action may be pending it is best to discuss strategy behind closed door's.-~'' ,:;',,;::;~;~ '-~- `~~ ~_ ' i Most of the agenda items are self explanatory, but here's background on discussion items: _ ? ; ~ ~+`~''-~;'~,~ ~ _~- /~ ~s: . -~., Last .~,,.~g, Wurter Park West Water & Sanitation,asked Safeway if they would provide a ,~. ~ ~ } `~ " `Blanket Easement" for WPWWSD's utilities and unprovements, along with a quit claim deed for; : ',. ; ..„.~ :~ .i=: • the ponds and their improvements (inlet, outlet, etc:) on tot 5 "- our lot. Safeway passed the ~; ~ ~ ~_ ~~"•. r~uest along to us and we replied that we'd be h~.rr~rto give them easements for all their . ,, . ~~y ~ ~~ i...~,. avements but that we did not want to give a quit. claim deed to the ponds as the original ', ~" ' ~ `.,~, ~_- :..r, : , agreement between the property owner and WPWWSD provides the property owner certain; .`-' ~:.. ~. `=, :.:_ : 'u ~ '. rights that Eraser's attorney and staff believe'that the Town wants to keep. A flurry of letters ~,, .. '~ ~ :_ went.back and forth between WPWWSD and us, and culminated in a meeting with Jeff Johnston, ' _ _ - Gary Cooper, and myself on July 31st last year. I left that meeting with my notes reflecting that:.:...- : ~ a~ .. ,, • ~ WPW W5D would prepare easement documents, including legal descriptions and a "blue line" ~ .. ~ ~ ~ ~ . document that would include all wells, control cable and piping, a proposed sewer line " easement, and the Village Lakes and their appurtenances; ~ .. • the future alignment and location of WPWW5D utilities on this site would be located by `~ mutual agreement; and ~ ' • that in lieu of providing a quit claim deed for the ponds and their appurtenances, we would amend the 1978 agreement. Enclosed is a copy of WPWWSD's proposed easement document along with a copy of the 1978 agreement (amended in 1981). We need to talk about the agreement and WPWWSD's approach on this issue. Rod McGowan will be here for this discussion. Also, I'd like to talk about the Safeway project: it seems like a good time to ask ourselves if there is anything we could have done differently during the land use approval process so that the site ~, would not be such a mess right now. Finally, the proposed job description for the new finance manager is enclosed along with my year- end review and proposed contract. See you Wednesday! ýÿ TOWN BOARD DEC. 16, 1998 The regular meeting of the Town Board was called to order at 7:30 p.m. Boazd present were Mayor Johnston, Klancke, Swatzell, Soles and R~...l~. Also present were Reid and Winter. Soles made a motion to approve the ~.u~.~.~tes of 12-02-98, 2nd Klancke, carried. OPEN FORUM None LIQUOR LICENSE Winter advised the Board that at the Dec. 2nd meeting the motion to ~ :r ,r .. ave the Discount Liquor Barn license was ...:sakenly named Bottle Pates and asked for a new motion ~+r~rY the renewal of the Discount Liquor Barn license. Soles made a motion to renew the Discount Liquor Barn license, 2nd Rantz, carried. Winter reported that Crooked Creek and Bottle Pass liquor licenses are still being processed and they will be in f.~~...t of the Board at the next meeting. ACTION ,. ~ ~viS • Reid r.~ented a proposed Ordinance to amend the annexation Agreement for the Maryvale property. Reid explained the items that Maryvale faded to do by a date certain within the agreement, th~~~.~ore regtureing an amendment to die agreement. Soles made a motion to adopt Ordinance 258 with changes to section 2.1 and 2.2 as discussed, 2nd Swatzell, carried. Reid presented a proposed Ordinance ~ ~ r .. ~~ving a lease/purchase agreement of the old liL.~.,~ building L~~... Grand County Ia'brary District. Soles made a motion ~.r.aving Ordinance 259, 2nd Klancke, carried. STAFF CHOICE Reid gave an update of the Safeway project. Reid reported that OIS has ~ r r., awed Payment of $134,000 before the end of the yeaz and another $25,000 early next year for the Must.~...g cleanup. No further business, meeting adjourned at 8:00 p.m. • ýÿ • INTERGOVERNMENTAL AGREEMENT • !°1~ THIS AGREEMENT s made and entered into this day of 1 by and between the winter Park Weat water & Sanitation Dietric a Colorado quasi-municipal corporation, and _- the Town ot• Fraser, a Colorado municipal corporation. RECITALS • A. The Winter Park Weet Water & Sanitation District' ' ,t"District") provides public, water and wastewater services to ' `- residents and businesses within its service area near the Town of Fraser ("Town") in Grand .County, Colorado. Fart of the public . water. system are• two storage reservoirs used by the Di>~trict far ~. - augmentation water supply. B. The two augmentation 'reservoirs are, commonly known as "Village Lake" and "Village Lake No. 2", referred to jointly as the "Village Lakes". The District has an adjudicated plan for augmentation approved by the District Court, Water Division No. 5, State of Colorado by Decree dated February 28, 1975 in Case No. W-2264. The Village Lakes also were adjudicated absolute by Decree dated November 7, 1994 in Case Nos. 93CW123 and 93CW225. As part of the facilities associated with the Village Lakes, the'District ~perates and maintains inlet and out~.et structures consisting of diversion structures, flumes, rock channels, dam embankments and pipelines. .. ~ C. xn addition to the Village Lakes, the District has constructed and operates seven water production wells ("Well Nos. ~. 1-7") in close proximity to the Village Lakes. Well Nos. 1-7 have been adjudicated (Care No. 94CW266), and have associated ;~faeilities, including pipelines, power Linea, control panels and ~pumphauses. ' D. Village Sakes and Well Nos. 1-4, 6, and 7 are located on a parcel of land known as Lot 5, as shown on the Safeway-Fraser Market Place Final Development Plan Plat, a part of Section 20, Township 4 South, Range 66 West, 6th Principal Meridian, Town of Fraser, Grand County, Colorado ("Lot 5"}. The Town is in the process of acquiring Lot 5 from•Safeway, Inc. The District has a recorded interest in the use of the Village Lakes, Well Nos. 1-4, 6, and 7, and related facilities .pursuant to an Agreement dated October 4, 1978, and recorded on April 2, 1981 in book 290, at page X68, Tteception No. 182373, Grand County, Colorado records ("1978 Agreement") as clarified by the document entitled "Clarification of Agreement dated October 4, 1978" and dated September 2, 1987.. • 8~/~C~'~ 9~'3~LE-L61:. ~~lJTk1L ! ~l r+E•L~~ ~G't~ %L1'r'.1! ~ 13 °JJ:~,I•1311If9 ~3'=~7I•I ~'J~ E~:'?L °F ~ $C1 :~3~I ýÿ E. These parties have atatutozy and constitutional • authority to enter into intergovernmental agreements (see ~ 29-1-203, C.R.S., and Article XIV, Section 18, Colorado Constitution) . F. The parties desire to confirm the District's continued senior use of Lot 5 for utility purposes, including but not limited to, water supply and augmentation purposes associated with the Village Lakes, W~~11 Nos . ].-4, 6, and 7, pond inlet and outlet structures and all other related facilities. A number of the provisions of the 1978 Agreement and its 1981 Clarification are . obsolete and no longer relevant, and this Intergovernmental Agreement is intended to supplant these earlier agreements. G. The signing of this.Intergovernmental Agreement is in the best interest of the public health, welfare and safety, and will benefit the constituents of both public entities. ~~ NpW THEREFORE, in consideration of the promises and 'covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ' 1. The District's senior use of Lot 5 for utility purposes is hereby confirmed. The District has 'a perpetual •:~ ~ easement for the existing Village Lakes and Wel•1 Nos. l-4, 6, and ~' 7, .and related facilities, including, but not by way of limitation,. '. inlet and outlet structures, pipelines, control panels, diversion and conveyance channels, flumes, pumphouses, cables and electric transmission lines; the District's ownership of these described facilities is hereby acknowledged. The District also has the right under this perpetual easement to occupy and use additional portions of Lat 5 for future uti~.ity purposes, with such future public water ~: ~ and sewer facilities or improvements limited to that area that is ,~ reasonably necessary. .for the utility purpose. This perpetual ,~ :, easement includes the right to construct, install, remove, replace, -~ add to, maintain, repair, operate, change or alter the District's existing or future improvements and facilities on Lot 5. 2. As to any additional water and sewer facilities or improvements to be constructed by the District on Lot 5, the District shall first present a drawing of the proposed location of such improvement to the Town, and sthe District, and Town shall mutually agree on the proper location. Additional facilities or improvements and associated easements shall be describe$ in separate addenda to this ~.greement prepared by the District; such addenda shall be executed by the Town, with the District not being 'required to compensate the Town for the location of any additional facilities or improvements on Lot 5. 2 • • 80i~0'~ ?~`?~LOLSL~='~._k~i~L i~l ySL~ '~~~ ='~L~ 13 ~3l,.bd311[M 3'=~[•I '~~ ~10:LL 3F. 8~1 ~~3Q ýÿ 3. The Town shall have the right to use Lot 5 for • recreational. and other purposes which do not disturb or impair the District's use of the property for utility purposes. The Town shall provide the District with a drawing of the proposed location of improvements on Lot 5, consult with the District on any concerns that .the District may ra~.se as to,the location or nature of such improvements; and give the District 72 hours notice in advance of any oonstruction activity by the.Town on Lot 5. No improvements or construction work sha7.1 take place within fifteen feet of •any of the District's facilities and improvements (nor within 30 feet of the embankments of the Village Lakes) without the District's express written approval, and the Town shall undertake such construction and improvements in a manner which has little or no impact on the use and operation of the •District's facilities. Further, the Town shall not construct any wells on Lot 5 without the District's written permission. 4. The Tows recognizes the need for adequate lateral support the Village Lakes' embankmentB and dame, together with the need for adequate lateral support far the District's pipelines. As to any use or construction of Town improvements on Lot 5 which result in damage to the District's facilities, the Town shall be responsible for the costs of repairing such damage. As to Town improvements constructed over or adjacent to pistrict~facilities (such as the proposed Fraser River trail), any maintenance, zepair, alteration or other use by the District of its facilities which damages the new Town improvements shall give rise to the District's obligation to restore such improvements to their prior condition. 5. As described above, Village Lakes are the District's ._ water augmentation supply, and the District shall be entitled to withdraw all. or a portion of the waters stored in these Lakes for ~. its purposes; no minimum lake levels are guaranteed to the Town or any other person, nor is the District required to release any water •. ~ in storage for the benefit of the Town or any other person. The Town and its residents and guests are allowed to make limited recreational use of the Village Lakes, so long as such uses do not impair the District's senior use of these storage reservoirs. Direct contact by the Town's residents and visitors with the waters stored in the Village Lakes shall be expressly prohibited, with no swimming or boating taking place, and the Town shall use its best efforts to keep the Village Lakes free from contamination or pollution. The Town shall post signs which recite these •prohibitions. • 6. Aa part of this Agreement, the Town shall execute a Bargain and Sale Deed by which the Town disclaims any interest in the ownership of the Village Lakes, well Nos. 1-7 and related facilities. 3 • ~Oib~1'd '?~'?,.°~~L6Z~P~~1L~~ti Cil 9F,L° =bh ~0~"ly 13 J3J,W311I~1 S3St~W ~~ pO:LL 8F, ~0 a3Q 7. The Town agrees to hold the District, its directors, agents and employees harmless, and to indemnify each of them, as to any and all claims and liabilities, including court Costs and reasonable attorney's fees, for'in~uries to pezsonQ and damage or loss of property occurring as a result of the use o:E Lot 5 by the Town's residents, guests, employees, or contractors. The Town shall have in place and keep in good standing liability insurance which covers its obligations under this Agreement. Nothing in ,this provision shall be:•conserued to,abrogate or void the provisions of the Colorado Governmental Tmmuna.ty Act, ~~ 24-10-101, et seq., Colorado Revised Statutes, and this Agreement shall be subject to ,the provisions of this Act. The. parties shall not use the .foregoing rights or immunities as a defense to complying with the terms of this Agreement. • = 8, If any party.ig iri default of any obligation, duty or convenient of this Agreement,"then the non-defaulting party shall give notice of such default. • If the default is not coxed within thirty 1303 days of the rece~.pt of such notice, the non- defaulting party xe..entitled to specific performance of. the terms pf this Agreement, and any.fees or expenses incurred as a result of the default. •~ 9. Any notice required or permitted to be• given hereunder shall be in writing and shall be deemed given and ..effective when delivered by telecopy; Express Mail, Federal Express, or certified or registered United States mail, addressed ~to the parties ae follows: Town: Manager Town of Fraser P. O. Box 120 Fraser, CO 90442 Town's Attorney: District: Rodney R. McGowan Baker, Cazier and McGowan Box 500 Granby, CO 80466 Manager winter Paxk weer District P. O. Box 1390 Fraser, CO 80422 4 Water & Sanitation • 3v~Sfl'd 9S'?~LflLFti~$~~Lt~Z Ol 96L8 ~hh ~Eit~y 13 ?~3J~.4~3111~1 ~3~r_~ll ~~ ~©:LL 3F ~ 00 334 Digtrirt's Attorney: • Anthony J. DiCo7.a P. O. Box 312 Hot Sulphur Springs, CO 84452 or ac such .address as any party may des~.gnate by giving written notice thereof. 10. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies whatsoever upon any person; other than the parties hereto and their respective successors, assigns and transferees. ].1. ~'hia Agreement, including the exhibits referred to herein, constitutes the entire agreement among the parties with '.: 'respect to the subject, matter: hereof, and aupexsedes all 'other prior agreements and understandings,.both written and oral, and may not be amended without the written consent .of all parties h~:reto. `' This Agreement shall inure to ,the benefit of and be binding upon the successors and assigns of~the parties, and shall be deemed a covenant running with the land. 12. The 1978 Agreement anal a.te 1981 Clarification are hereby terminated and deemed to be of no further force and effect. • S • ~~i?0'~ 989~LOLE1;?$%Ojk1t 41 ?FLT £hh i0~1y 13 'J3,'.41311If~1 ~3SO4d ~3 ~©:Lt 'JFj( ~GJ 13Q ýÿ IN WITNESS WHEF.EOF, the parties have executed this Agreement on the day and year above written. WINTER PARK WEST WATER & SANITATION DISTRICT gY • President ATTEST: ' secretary ATTE$Z` Tawn Clerk TOWN OF FRASER, COLORADQ, Acting By and Through Its Board of Water Commiesionezs By Mayor 6 • • '~4' 7~L~ ' d ~2L©l.E~ L~9 L©ti ~]1 ~?5L3 £t~b iOE~ 13 ?~3AW311 I M S3^-~~71~1 'Jd ~0 : L Z ~ . ~'0 13cI • STATE Off' COLORADO ? ss. COUNTY OF GRAND ) • The foregoing Intergovernmental Agreement was _ ~ acknowledged before me this day of 1998, by as President, and as Secretary, of Winter Park West Water & Sanitation District. • Witness my hand and official Beal. My C~~.......ission expires Notary Public STA'V'E OF COLORADO ) ss. ' COUNTY OF~GRAND ~ The foregoing Intergovernmental acknowledged before me this day of ae Mayor, And • Clerk, of Che Town of Fx'aser. • Witness r:1y hand and vff3.cial seal.. My comm~.seion expires: Notary Public 7 Agreement was 1998, by a t~ Town L'p/2l7 ' d ~-+8'??LO~~ L E~~~ L k1 i i71 aF LS ~ h ~ ~4]~ 1h 13 'J3A1~1311 I f1 ~35+]b! :~ ~ ~F! : L L ~,F ~ $~7 J3~] Jul 30 98 04:58p Baker, Cazier & McGowan JUN-18-1998 14:54 FROM GRAND CO TITLE 3 ESCRQtJ TO 970-887-9430 p.2 (3879430 P. 13 ' ,... ~f* / ~. ~.~ ~9'~0 ~ ~R a ~~ ~ ~ .. ~ "° aotnc?.90 ruc 468 •.`~ AcRLO~r 1liIS AGll:,s„~wyR, made and sneered into this ~:a day of ~~~ .1978. by sad betveaA i1INTEl+t PARR HEST LtA2LR AND SAIi2TATLGIZ DISTldIC7. a Colorsd0 Quasi-~uoloipal eoicporstiaa; (hereinafter tefarrsd to as "tbe District") sad ZtIDYER pj~ ~ ~„ a Colorado co ,.,, . ~.atiea. (haselnaftt! sef~.-.. ,~d to as "Raaeb") IiITR.B~lgs • • t~t1i8REAS, the District was the Applicalit !~ as Application for Approval of plan tea llu~aeatatioa iaolvdina Faebange. vbith vac approved by the District Ceusc in and !or dater Division Ne. 3. State of Colorado (hese2nafcar "the Hates Court"). ie iu Findings of Fact, Conclvaioua of Z,av sad Decree Appreviag Plan fos Augmentacioa Including Euchange raadared oat Ptbsvary Zp. 1975. is Case lQo. TJ-2264. (hereinafter "the Decree"). H1;ERFJ15, ptsrsuans to the Decree, the District va4 sad is authorised to provide unistterruptad municipal water service chreugh riy~ereus divessic+n points specified theseia to individuals aad businesses within its aes+~t~ ~xea near the tows of PYaaet in Grand Council. Colorado. iACd:.dit~g chose parcels of lead ovesad by Itch sad located theseia which are conteatplated to be developed ends the ttaaut ~d •tYle of "The Villago at Yiatet 8aY1c 1leneh" (hareiaaftar '"ihe Villa,6e"). v1~1ep~-s. purapant co the Deesee, the District was and is oDiigaced ultimately to aeauire and/ot eonstsutt sot to ezeeed 19 acre-Peet of rsa_.. .ir storage space for the purpose of maidng augmeotasion releases of . tet to tka Fraser Rivez to compensate it far out-et~priosity dapleeions accruing to said saver b~ viztua of the aforesaid ssuaicipal dtversioas. TQTNL P.13 Jul 30 98 04:58p Baker, Cazier a McGowan 970-887-9430 -p.3 , JUN-18-1998 14 48 FROM GRAND CO TITLE & ESCROW TO 8879430 P.04 .-. ~, ':+~ii~ eQ~290 P~469 ;v ~` • lhtEAFJ1S. Ranch is dcrirous of cvnatructin` and filling. ' psineipally~for aesthetic and recreational pusperea, but afro to bslp affaeeuate tt-a site sad building plan for The Village, a lake ar lakes at the Village. der the e-ame cod style of "?6e Village Lake at hinter Park Ranch" {hereinafter "iba Villaaa Lake"). regardless of the number of separate reserwirs er impoundmrata aaaaciated therewith. in t6a ii~y Saetioa 20, ' _ To~aehip 1 South. Raaae 75 Peat of the 6th P.!!., Gsaad Cemq, Calerado wills :t least 19 acre-feet of active aterage eapaeitT. which lake(s) eeuld readily be adapted to eoneurrsnt use fQr making the aforedeacribed eu,~,~, :,.tation releassa to the ~aaar River. thereby mastimising the beneficial use of such lake (a) sad • their atozatge vatas:a. Uil~REAS, Ranch it the ovnar of Villaaa Laka lio. Z at • liisstes lark Ranch (hereinafter "Village Lake He. 2") which presentip eeeupiea approximately Z seats of surface area sad 9 acre-feet of volume in the W6 ieu; Section 20, Towaohip 1 South. Range 75 West of the 6th P.K., Grand Comtp, Colorado. ti!lERE/1S, Ranch is the Applicant in applic:cioaa prasaatly pending before the lister Co~srs in Case Isos. i~-3653 sad 51-3597 seeking additional canditioaal sad absolats water rtora6s sights sad direct fla+ righs• fez 11se Village Lake sad VilLSe Lake loo. Z. which applieatieaa, if grmtad. ves=ld eatitla - Ranch to store ia, and peas thsvngh said rea,..~,isa additional waters 1<~.,....d those authorized to be scored therein pusausat to the teams of the baeree. LII~I>tRFJIS, both the District sad Ranch are desireua of eooper- atis-g Sa tke construction and opezatiaa of said Take(r) fo: their amtual baasfit_ - 2 • ýÿ Jul 30 98 04:58p Baker, Cazier & McGowan 970-887-9430 p.4 . JllAl-1B-1996 14~~39 FROM GRAND CO TlT~E 8 ESCRQW TO 88^9430 P.05 ,-~ _ •+RSiii aet~2.gq -u[a70 NOW, 'THEREFORE, in cansideratioa of the giving and parfor- maace of the mutual covenants and agra ~„ ~.. is contaieed aed 'set fostt~ herein. sa vell for other valuable coasideratioos, ebe parties hereto do tovenaat, agree and attpulace as follove: • l: Kaneh shall plea, dasigis, construct sad fill. set later shwa oae year after receipt of vrittea aotificaeioo from the Diseriet of the need for such fscility, aor is eny ~.~..,t afeer Deosmber 31. 1981, a lava ar lakes i:t tht v3einitr eF Ths Pillage, vpdet the name sad etgle of ?ba village Lakt, vitb arrive storage cap:city not less rhea 19 acre-feet, sad co be tilled from, and discharge.directlq to. the Yraser Rives. The costa of planning, design.and constzuetion of The village La1u shall be shared equally by Ranch and the Disetiet vp to s tout of 8265.000.00. Should such casts exceed said amo+a-t, tde a1- locatiot- of say avnh excess betveat- Ranch and the District iball be negotiated proaptly and in good faith by ehe pasties heseto. la na event shall the District be liable for sap coats associsted with fie village Lakc vhieh are attributable to contes$rlated sits improvements ad~aeee~t theseto iecluding. but not by way of limita- tion, soil ....~.,actioe and fill importation. w?-tol~ comprise part of Lha site and building plea of The Pillage and in no aignifieaat ~vq benefit cbe District. 2. Raney ehalt~ at tlse request of the District. aeons throvgl- its aaeats, or the DivieloA EnBiaaez of Water Divisier loo. S or his agents, fill The Village Lake sad/or village Lalcs Ho. Z with xatars of the Fraser River or its alluvial aquifer. and shall also release such vatera, or taq past of tbeal, st tYieir request, for pytpoaes of an,~,., . , ration reieasea as are Mora - ] - • Jul 30 98 04:59p Haker, Cozier & McGowan 970-887-9430 •p.5f JUN-18-1998 1449 FROM GRAND CO TITLE 8 ESCROW TO 88?9430 P. 06 • ~ .-. Q aow290 X471 • fully described and net out in Finding No. 11 gad dbcretal Paragraph 2.b of the Deorae. appearing therein at pages 7-a and 1Q. raspectivel~. 3. Ranch may utilise, ar aathorize others to utilise. nay of the eaters tilled 1a She Village Lake aadler village !.area Iio. 2 as aforesaid fns aeaebetic, setreatioaal or nay other esaeticially son-eoaaunsptive beaeFietal wee. to the e:teat seech vatess arc not rhea rsgtiired to be reiweed for seegteesntatio~s peisposes as aforesaid. 4. Ranch may store gad utiiue such additional vateea sa S1'rt Pillage Lake and/or Village take go. 2 in a manner consistent with the wsear laws of Colorado. gad without eb116alioa or liability to the District as to any such addiciessai vatara. • 5. My vote:a stored to She Village Laka aAd/or Viilaga • Latex No. 2 at the District's regi:est piasuatit to !lumbered Para- graph Z. hereiaabove shall be ~~_~...d to be stored pursuit to the tares of the Dgeree, acid Kanch shall !save no fisrther obligation or Iiabi2lty therefor as agai~ast any other owners or usarn of Hates rights in the Coleraddo River drainage basin.. and nay sucb ebligatiana or liabilities vltis respect to svch waters rhie:3 may aziae shall be aoislT those of the District. Any tvaporatioa losses vbicti may ba ehssged by the DiMsiea Ps;s3asar or his aReats - !os the storage of thane name vatere shall ba borne by the Dias • eriets provided, ha+ever. that the District ahati not be cheesed by Ratfeh with evaporation losses is erases of 5 aeze•feet pas ennsa for the storags of asteh eaters. - 4 - • ýÿ Jul 30 98 04:59p • JUN-18-2998 14 49 -~ • Baker, Cazier & McGowan 970-887-9430 p•6 FROM GRAND ~0 T I TI.E & ESCROId TO 88794 P • D7 .-. ~-. _ ~ , d:f'JR~ 1,~Cf ~~ 6, My waters released in The Village Lake andlor Village Lake No. 2 by Ranch at the District's rsgvast pursuant to n~s- ' tiered Paragraph 2. hereinabove shall be deeszed to be the cols undertaking of the Distrist, and any obligatioc~e os liabilities which may 6ubaequeDtly atlas by virtue of any suck release steal! be soleiy those of the District, who shall hold Ranch harmless far any obligation or liability which Ranch may incur with ze- apact to any such release. ' 7. Ranch shall retafa ewntrsttip of all storage lsei23tiea. ooa~prising The Village Lake and Village Lake.lao. 2, iACltidi~ inlet and outlet wo=ka, ali equi,.., ..~. t. vhethar portable or listed. avpplied by it and used in connection therewith, and ail neces• sary real property associated therewith, anises it shall be • subsequent to the underwritten dace n+odify ehis Agreement by addendum duly consented to by the District. • 8. 6aneh shall remain liable for all netesaasy operative a»d sraiatenenee costs of such storage faci2lties. ualess it shall subsequent to the ut-dervriteen date modify this Agre..,,..t by addendvaa dviy consented to isy the District. 9. The District shall. prior to the expiration of one year after the undernitten date, or prior so any request made puraosut to rvaoDesed Paragraph 2. hereinabove, if earlier, pay td Ranch the sum of $25,000.00 as rite District's share of ti;e coat of planulag, design and eorsssuetion of village Lake lie. Z, which cost has previously been incurred by Ranch. and also itt consideration !or she perpetual sight o! the District to occupy acerage space therein and to order releases of stored water therefrom. Said village Lake No. 2 shall hereafter ba devoted and used in part for the Diseriet•s augmentation purposes ae described hereiaabow. -S- • 1u1 30 98 OS:OOp JUN-18-19'38 14=50 Baker, Cozier ~ McGowan FROM GRAND CO TITLE 3 ESCROW 970-887-9430 `p.7. To ea~9a3e P.es .- , . • r~~29p r~473 10. Aaneh shell fully indeaQtify sad hold Lhe Diatrlet, its ' Board of Directozs, atticart, agents end employees, harsiless from any and ail liabilities, losses, oasts, a~ensss, demands, daas:ges, abligatious snd claims for personal Lnfesies, destk or ' property damage arising from or iACidenc tv the case, recreatioaei or othesvise. of said lake(s) s~ccspt as oekesvisa provided in nus~ared paragrapk b., sa. Ranch fratE~er, agrees to defend, st its aaa cost tha Diacriot, its Boatel of Diractors. officers. agents acrd eaployees itr any action brought against c4ra Districs. ies sossd of Directors, officers. agents aad employees which is • the subject of tQis paragraph. 11. Lf any part, paragraph. phrase, term ar ward of this Agre~..~.,.~ shall be deal:red invalid os rsrenforeeable whatsoever. the remainder shs21 nevertheless concinus in full fosse and • effect. 12.~ ?hie Agrseaerrt constitutes the entire agreemsat be- tveen the parties hereto vich respect to•tha eaters contained harem, and supersedes all prior corresgendence, diseussiens, tregotiationa, contracts or agreements with respect therete, alrether vritte=r or oral. Neither party hereto is relying upon shy prosissa, cavanants. agreemesrts, Les~a, caoditioa8, coe<- sideratioas or atipulscions except as expssasly heseiaabova set forth ar referred oe. 13. ?his Aareeaeat shall sot besesftcr be changed, aandi- fied, or altered in say rwpeet whatsoever, except by xsitcee iastsumesrt sig+sed by both pasties berate. •6- r i • Jul 30 98 OS:Olp • JUN-16-1998 1450 • Baker, Cazier & McGowan FROM GRAND CO TITLE 3 ESCROW - ..~ 970-887-9430 70 86'79x30 P.09 p.8 '~:.:.•. •,i.. *. eaur290 ~rci474 • • 14. The beneftca and the burdens et the eevenanca herein Contained ehalL anaex to and run wilh the land tia+deeirins atl such lake(s) vhieh may be consteucted as afossaid is- tAe Wb Section YO, Township 1 South, Range 75 N$et of the 6th P.!(., Craad Cauaty, Colorado. and. together with aay and all other provisions of rhia Agreement, shall bind the heirs, sueesaaora. legal represeatacives and assigns of the pasties hsscta. • IN L~..ri.SS tiifEREOF, the tmdersigned have caused che3x Hades to be subscribed AKf t0 C4f this ue2i ~ dry of ~ t .... ~,.... . 19Ji. ,, j ~ _.._ ' WINTER PARK ttA 1 i AND SARtrA'~011 Di ~iCr~ ATTESt: •~ 1 ~ . ~ f! l STATE OF COLORADO ) as. COtRiT'Y OF ' The foregoing instrumen= was aeknowledRed before me ehia 4th day of - Oc:tobQS 1978, bq W:.lliam S. FalkenDetg as Vice Presid~+t ~ aad An.~ Wta•ie2 as Assistant 8._..aty of Winter Park hest Water aad 8anitscion triRerict, a Colorado quasi-mvs+icipsl corporation, an betsalf of tha DiaCrlCt. ~..~-y •t:Op".~t,Z;tnesa my hand and official seal. • .., ~~ ^ ~ `'~•:P~ n notary ~tac / r~~.o~'~f"etssiaa expires: ' ~ ~ •' T - Jul 30 98 05:02p Baker, Cazier ~ McGowan 970-887-9430 ~p.`8'• JUN-18-1998 14 51 rnuii GRAND CO TITLE & ESCROW TO 68'79430 P. 10 r'•"` ~••• ~ • .. ., ii~iJY '.~ .. ~ X294 ~u~4?3 , ~ ~ . • b1INTER PAllK'RAttCR, IAfC. ATPtsl:. ~ ` .. ..~ gy / ~ Lt8': `A,t~ Sa;ertr~t~y ._~-_ ~~ y . ~~Ot S?AZ8 OY COLORAaO ) ~~. . OOtArPX OT ? - The foregoing instrwieent waa aektie+ried6ed befo:t me tbio • ~! day of Octo~r 1976, by ,1~1-. t~'_~ . at R~siclent .and Mn Galaiei ss Asmistant szi~••~.. - ef Yintss Park Rarte}~, inc.. s Colorado oorporation, oA belsal! of ...... r.,. . ~'r~~. f~yf ~ .y. ~ C~t~OO. .'~'; +~ Witaeas r7 Asnd aad ~of fieiai seal. • ••I ' ommiae3oA expires: 14~-c -a• ýÿ . Town of Fraser Job Description Finance Manager Nature of work: Serve as Fraser's chief financial off cer, advising the Town Boazd and Manager regarding financial matters that concern the Town. This position reports to and is supervised by the Town Manager. This position will also serve the Fraser Sanitation District as the District is contracting with the Town to provide certain financial services. Administrative Duties: The Finance Manager shall perl'.,~ u~, at a minimum, the following admuristrative duties: • accounts payable (invoice data entry, write checks, etc.) • accounts receivable (water & sewer bills, all other billing) • monthly reconciliation and report • daily banking • payroll, including the financial management of the Town's benefit plan • investment management • applicable quarterly reporting • other duties as required or requested by the Town Manager Knowledge. Skills. and Abilities: The Finance Manager shall possess a good working knowledge of government finance practices. The Manager shall have the ability to work closely and effectively with the public, the existing Fraser staff; the Town's Certified .Public Accountant team, and the Town Board. The Manager should have the ability to analyze problems, interpret policies, laws, regulations and procedures, prepaze reports develop appropriate recommendations, and communicate clearly. Working Environment: This position requires indoor and computer work, sitting most of the time; exerting up to thirty pounds of force occasionally, or twenty pounds to lift, carry, push, pull, or move objects. Education. Ezoerience and Forma! Training: An educational background that includes a BA or BS in a finance related field is preferred, but not required. In lieu of a degree, a minimum of three yeazs progressively responsible financial management experience is required. Pav & Benefits: The Finance Manager shall be ;,-..rloyed by means of an annual contract as provided in Town of Fraser Ordinance 190. • • Page Two Some thoughts • the Cemetery has a buffer; • the Housing Authority is rolling; • the Town's drainage and road system is about to become much, much better; • residents and businesses in Town appear to be pleased with how things are going; • most importantly, Tim Tucker appears to be healthy and Catherine Trotter had a beautiful baby girl (things I had no hand in but stand-out as monumental in 1998); • and finally, we had many other successes. As far as insights, I think I did a better job this year being judicious with righteous indignation -- next year will be even better. I know myself and what drives me better than ever before. I'm hoping this awareness will translate into more effective administration for you -- I think it will. I still don't have insight on why we tilled with all the special districts this year (except Recreation and Fire). Maybe we get Recreation and Fire next year: like I said, its not clear.. . The other observation/msight Ihave is that I'm glad we were as aggressive as we were this year. People took notice and have begun to treat Fraser with more respect. They should: we deserve it. I have attached a proposed three year c.,..~.act and would like to talk with you about this past • year, next year, and various other things on January 6, 1999. As you consider the contract and my salary request, please note that my total 1998 salary was $56,500. Happy New Year! • • TOWN OF ERASER J ,~ "Icebox of the Nation" " F P.O. Box 120 / 153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 MEMORANDUM To: Mayor Johnston th Fraser Trustees I'~~.~~: Chuck-Reid ., Date:. ~ December 31, 199 _ _ .' ~ ' . ~ . ` . .Subject: Some year end thoughts. ~ ~ ~ _- ~. . It was a fun, rewarding, busy-bordering-on-chaotic, challenging, insightfi~l, and successful year.. ` - . I'm less iY..xY essed with myself today than I was a year ago (this is part of the "insightful") and, at :; _ ` the same~time, I am proud of all we have accomplished. - - '. - ~. ~.~ -~.: ~.. When I think back to.this time `last year; I am amazed at theprojects, we concu..~;,~.alYl~~~ ~ ~ ~~ . Maryvale, Grand County Waxer & Sanitation District, Safeway (both new and old); th~.pavuig , election estion; and construction of the waxer treatine~ plant: We packed a year's~worth of ~ ~' work iirto fivemonths and I'm still invig.,~~l.cd from this .,: motive burst. The rest ,qf the year vvas .'''~~` y:,~; ;, .. - . filled with actiivity ~ as well, but it seems as .if the rest of the year was justthat -- left over.:.' , . Fraser is a.special place and I am privileged to work with a Town Board, Planning Commission, '__ , ~ '_ staff and community that. gives and, gives and.gives. - ... ., . ~ -~ '. When I think about next yeaz, I remember that we're-fortunate to lag behind the +;. ~~ ~ rth curve'' ~.;~ . ' because maybe, just maybe, we'll be able to avoid the mistakes made by other rural mountain - - communities. And as I wonder if we will avoid the mistakes, the cynic in me observes that certain - things are inevitable while my optimist observes that Fraser has shown creativity in channeling inevitable things before -- we can probably do it again. So for me, 1999 will be focused on . identifying what we need to build while at the same time focusing on what we need to save. - 1998 was about some of this: • we saved the Village at Winter Park Ranch PUD for the cost of building a grocery store; • we saved paper densities in Maryvale for the cost of a few regulatory concessions; • we saved 18 acres of open space and defined the look of a mechanical wastewater treatment plant at the cost of enduring tension with our neighbors. 1998 was about other things as well: • • the Mustang is almost clean and our ground water is safe from this threat; • the wellhead protection program is helping us define strong envu~onmentally based land use practices; ýÿ .. • • RFI98.doc REQUEST FOR INFORMATION DATE REQUEST BY WHOM ASSIGNED STATUS 6/3 Clayton subdivision improvement agreement Board CR In progress status? 6/17 Create excavation/fill policy Board CT Done Schedule McLaughlin at first August meeting to discuss Forest Meadows Look at wellhead protection zone development Board CR/CT In progress moratorium Discuss WPWWSD pond request with McGowan Board CR In progress 7/15 Legality of loaning money to 501-C-3 Board RM Pending Identify funding option for bronzing Board CR/501-C-3 Done Preliminary PA 28 Planning Board BWR `99 Budget Comparative budget information LM CR Pending 8/5 Written bulk water requests Board CR Done 8/19 Fishing pond access, signage KK CR Done Public disc golf course use 9/2 Draft Chamber MOU Board CR Pending Identify total build out numbers for Clayton JJ CR Pending subdivision - ID triggers • 12/24/98 ýÿ DATE REQUEST BY WHOM ASSIGNED STATUS Set-up meeting with Fraser Sanitation District DS CR Pending to discuss concerns 9/2 Vehicle use tax Board VW Workshop planned 9/16 Status of Shaw/Mercy litigation JJ CR Pending 9/16 Byers Ranch water line options CS CR Pending 10/7 Requests clarification from Johns re: 3 mile LM CT Done plan inclusion/exclusion Does CERCLA regulate fertilizer? herbicides? MR CR Pending pesticides? 10/14 Requests for information and follow-ups Board CR This is it project status report 10/21 Who was burning on 10/14/98? KK CR Done 11/18 GCWSD WWTP foot priYrt specifications CS CR Pending 12/2 Schedule discussion on funding sources, Board CR In progress especially the dreaded use tax 12/24 • • • • • DATE REQUEST BY WHOM ASSIGNED STATUS Check references on BWR's water portfolio Board CR In progress Schedule January workshop on drainage/paving JJ CR In progress project DS-Dennis Soles/MR-Mike Rantz/BS-Becky Swatzell/JJ-Jeff Johnston LM-Liz McIntyre/CS-Cheri Sanders/KK Kit Klancke/CR-Chuck Reid/CT-Catherine Trotter/VW-Vicky Winter/JT-Jim Tucker 12/24/98 1298 • Proiect Status • Date Proiect Status Jan., 1996 Mustang remediation System in place to remediate site; operating April -November; reimbursements in progress. Oct., 1997 records management and codification Codifiers being interviewed June, 1997 Walk Through History Park 501-C-3 Board appointed & meeting; beginning process to apply for first grants April, 1998 Planning Area 28 use Initial design discussed with Jim Swanson, Town Engineer; additional design work planned in 1999. April, 1998 drainage/paving project Approved by voters in April 1998; phase 1 design (west of RR tracks & Wapiti to crest of hill) in progess, including surveying and soil boring analysis. Sept., 1998 Byers Vista SID & construction District formed by Board 10/7/98; notice to proceed given to contractor on 10/8/98. summer, 1997 water meter installation ongoing n/a water code update pending n/a water system development fees (plant & resource) pending May, 1998 Maryvale/Forest Meadows water request Direction provided from Board to negotiation team; meeting to be scheduled in late October, early November. ýÿ 12/30/98 Date Proiect April, 1996 wellfield protection and zoning amendments April, 1996 growth coordination project: Fraser's 8t IGAs Nov., 1997 St Onge parcel annexation and development Jan., 1998 Grand County Housing Authority Nov., 1997 Safeway redevelopment & lot 5 dedication Feb., 1998 "Old Library" redevelopment April, 1996 Business park development n/a zoning code update Sept., 1998 noise ordinance projbig.doc • Status Six month moratorium placed on 10/7/98; frantic research and drafting of special use process in progress. pending Initial topographic survey and utility study commissioned Formed by IGA in June; Board appointed Lot 5 dedicated on 10/16; after a summer construction hiatus, discussions with Safeway and Fraser began again in early October. RFPs mailed in early October, due 10/30/98 pending pending pending • • ýÿ