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TBP 2023-01-04
OOAtio !mNNYIi1➢fJN9� COLO }i A la0 Board of Trustees Workshop and Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday January 4, 2023 6:00 PM- 9:00 PM Members of the Board may have dinner together @ 5:30 p.m. NOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel https://www.youtube.com/channel/UCs5aHnI7d•kk0j1 cxV28DSq Participate in the meeting through our virtual platform Zoom Meeting Information https://us02web.zoom.us/j/2590408013 Meeting 10:259 040 8013 Phone 1-346-248-7799 1. 6:00 P.M. Workshop - Annexation Documents: Aire ioxr: tion Norkse silon.l 2. 7:00 iP,M. Roll Call 3. Approval Of Agenda 4. Consent Agenda a. Minutes December 7, 2022 Documents: IBM 2022-t2-07.IFldn S , irn On Sheet 12.7-22.IPdt' b. Resolution 2023-01-01 Official Posting Location Documents: oIlut�iloirn 202;.3 01-01 (21C"i'i'iciiu:pll Postiirnq ILocafiorn ttf 5. Open Forum a. Business not on the agenda (If you would like to request time on a future agenda please contact the Town Clerk) 6. Liquor And Beer Licensing Authority a. Public Hearing And Possible Action a.i. Liquor License Application For BBQ Caboose LTM Dba Solstice Bistro Documents: BrVefVnq IBIBC? Caboose LTD ICDIhd Sollstihce IE30„.:p.prtff 0.u':as011u.3tiion 2023-'1-02 BBC) Caboose Dba SoII;3tVco IBV;3tro.pdff 3. 2022 U_.uquoior ILicernso AppVuceptVorn Solt: taco IBu:,3tro.lpdff 4, ILiiquor IF=iirndiinq Fact BBC! �' �(; r:plk°au;pc:3e LTD, Dba, ScIIw3lfila;e IBVCtro.Fp¢Ut 5. Pet tVorn.pdff POIP.IF7(11 POP C o ru t ii rn u3 e d IP IH . Ir.3 rt ff 7. Discussion And Possible Action Regarding a. Julie Sutor, Congressman Joe Neguse Representative b. Northwest West Colorado Council Of Governments Appointments - Ed Documents: Jan 4 2023 INVV000G ApIrpoVntrrnk: '°3 S1[af Mer no.Irpd c. Resolution 2023-01-03 Fraser Sanitary Sewer Upgrade Project - Greg Steed Documents: Rosu, llutiorn 2023-01-03 Fraser °3oruutury Sovver Upgrade IProject.Fpd Fraser Soniitory Sewer Upgrade Project Staff IBru( Fond.pdf d. Engage Special Council For Victoria Village Documents: Jan 4 202;:3 atof Merino Can VV 0IpeChall C ou.uirnoVIpcdfl e. Industrial Sampling And Flow Monitoring Project 2022 - Ed/Joe Documents: VViirnter Park. r R not) IF=iinrnll IF o-'dIF3°:3r1f `U2-t0-2022.IPd f. Construction Guarantee Agreement Fraser Middle Park Health Center Documents: Jan 4 2023 Staff Memo On IlHoslpihtall CGA.Ipdf Fraser Mhddhe Park IMedila, all Center C .onstructiion Guar rain1fr,�e nt. g r6v�a°:� ro`ar':u pdf Aa Resotutilon 20722 -Obi -02 Aplprovihnq Major Site. Phan For IHealttlh Center Alf The Villllla-ac e Alf Grand Parlk.pdf 8. Updates 9. Executive Session 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). Town Manager Recruitment 10. Adjourn UPCOMING MEETING WEDNESDAY, JANUARY 18, 2023 BOARD OF TRUSTEES Board Staff Direct: Define the service, product or value Lead: Future focused planning to be delivered Protect: Establish the operational Manage: Now focused policy and procedural boundaries to be respected by Staff and monitored by the Board guidance to ensure on time, on budget, and on target service delivery Enable: Advocacy, resource development, Accomplish: Ensure the work defined by the and role discipline direction of the Board of Trustees is accomplished Please contact the Town Clerk to request accommodations to assist people with disabilities to participate in public meetings. Listening devices for people with hearing impairment are available upon request. 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County Attorney, and special districts or school districts having territory within the area to be annexed Notice to must be mailed no later than 25 days prior to hearing f annexation is 10 acres or more, Town must file annexation impact report in accordance with C.R .S. §31-12-108.5 with the County Aa. iledp!unua . 5u!xauue aq i. tLw.im pa1eaaa. ui .3uiaq jo algedea JO palea'alui s! pue! aql . aanrj. aeau ato. u! paziueq.an aq !!!An ao ueqin s! eaae atll . AlliediDiunu a 2u!xauue ato. pue paxauue aq oa. pasodoad ewe atp. uaama. aq sa. sixa lsaaaTui Jo k. iunuauaoD v . AJsnoauelInuais palaIdwoD aq Aew suoia. exauue tp!t1m 'sagas e ui_ saia. aadoad aJOW JO auo 2Ulxauue Aq patis!!gea. sa aq uea 411. 5quoj . Alliedpiunua ato. tiwA snon2n. uoD s! paxauue aq oa. pasodoad ewe atil to aalauaiaad ayuo 9/1 uetp ssal 4oN . .au!waaa.ap off. .0uu eati e ploy a. snua AlliedP!unua atJI . C If Contiguity is established: • Serves as the basis for community of interest and urbanization, unless two of the following exist: • Less than 50% of adult residents of the area to be annexed use any of the recreational, civic, social, religious, industrial, or commercial facilities of the Town and less than 25% of these adult residents are employed in the Town • At least half of the land proposed to be annexed is agricultural, and landowners constituting at least 1/2 of the total area express, under oath, an intention to devote the land for agricultural use for at least 5 years, or • In is impractical to extend to the proposed area those urban services the Town provides to all its citizens and upon the same conditions • No land held in identical ownership may be divided into separate parcels without consent of the landowner • No land held in identical ownership that comprises 20 acrea with improvements valued over $200,000 may be included without consent of the owner • In annexation results in the detachment of an area from a school district and removal to another school district, petition must be accompanied with a resolution of the school district to which the land will be attached • The parcel cannot extend the Town boundary more than three miles in one year • If any portion of a platted street or alley is annexed, the entire width must be included in the annexation m oll 1144,� ,144,4 Him 1,40 1411 swlma 11 Int °mlmov 00. 11'1 U1 1@ 1111110 llpa ,NII1mt 1111 °Nf11dIM 11 11 11iulnu+ uuuvdlmfl��l��l�� 411,,, „in 4rr<oaor IIIIIIINV Hams n11111 1ul0m�ov1 11m� 11 mn�1 IM11111 MMON111 dakk u010m �4M11 O/O�% 11111111111111111 11111111111 p1111111 1111111111111111111 11111111111 "1"111111111111111111111 011111111111 1111111111111111111111111111 11111111111111110000000000 IIIIIIIIIIIIIIIIII 11111111111111 IIIIM. noimuouuu 111111111111111 00011111111111111.1 "0000000" ,P0000000000011,1111111111111111111111111111111110000000000111111111111111111111 '11111111111111111111111111111111111111111111 11111111111111111 „1441,4,1111111111111111111" 1111111111" 411111110. 1111111111111 00000000000000000" 000000000" oppoppoppopp1111111111111111111 11111111111 1000000000000111111111111111111000010001111111110 1,11,11,11,11,11,11, 11,111,111,11 4111 111111111111111111 11111111111111 • 101 '1111111111111111« '11111111« p4I IIII 11n4111 P1l11uo;"p111111111 111111111111111111 1111111111 1iuuu 00000000000 1111111111111111111111111111111 0000000000000111111111111111111 0000011111111111 41no11 1111111111111111111 11111111111 11111111111111 111 11111111 a/ a jfJ •g 00 /pffiy , I i»� pd�„mn N11Nw 11141,14, °"CqN 1 d�nlnh NN N V pull 1a �1nn 11111@"' Atli uNNnha� Wm pu1111ou1 1 IIIIIVIMim D �Illlp wiCn N��11111 MNN1\11\� 11111111ud» Mluuu1: mN1a1�\� Mwali4 wrrl74 1111111111 1 NNd 101 P 114114 1111111111Ail,PWllllll uuuuum 4N Nw 411tll1A1 11 11 IPS 4lmmlulal III llit 4 11111111111 ui�lim 1 911 u1101wlllln �1 � �y6h iilihn11 X11111111111 1110000 P11,»,➢IINIII +wr ���NIIV 41111111111 ,w,,,wmllluu 1�1 m10 wlp101011 4m1111111111� 111111111111111 01111111111111 441 �puN pulllllllmo 44111UM 44,4 11 11 1 1\N' 1�IouW 4141161 u�1�1111� N4ii4 IIti�� mg 41 I V II I II II 11 Alm u 01,1 wl aPP w 4,14 )1,4 @4NbNN 1m�d� 1'411N u N l U4N�444 BIII1111 �IIIII! 41 4411 I NNf 4u11Nr 201 44744 PApp N11 u>{'nnolir 044 144, X414 11111111 0 nWMwI111 11,10001 III3 110�k IIIIIr !dd1 'MNfiil ' II II I11 11 1 �111�»111 .11111 ,,, ,M�11111 Nlppplp oullll 1 kg; u111uo»VIII 4111 444 011111014 441114 400,4 41111114 �wlu4� �4441�1�1t4 ��`111111 1\ 11 �1\\\1\1111111�`� �,uinlll SIIn1M 4�11� 4m111k Mu1»uulop4 MVI�i 3 .411 4414 ii ouI 11111111111 111111111 1111111 1111 001 00000 100 000 Ili -0000'10 000000" IIIIIIIII po«,00,00,00100110 1111111 11111, 111111 111111111 «pp! CD tiO -c S Q) Q 0 Annexation Agreement • Town may enter into an agreement with the property owners to spell out specific terms and conditions of the annexation, to include: • Water and sewer infrastructure • Raw water requirements • Open spaces • Wetland mitigation • Road dedications • Zoning • Must be zoned within 90 -days of the annexation • May institute zoning procedures concurrent with the annexation at any time following the adoption of the resolution of substantial compliance Current Annexation Consideration Ron Jones Properties Pole Yard Jones Family Trust Property St . Lewis Meadows • Approximately 10 -acres to the east of the proposed Fraser Valley Parkway • Some wetland mitigation • Connect to Eisenhower Ave ., Mill Ave., Fraser Valley Parkway St. Lewis Meadows • Landowner Goals • Donate the land to encourage and c ontribute to affordable housing in the Fraser Valley • Ensure affordable housing quality is as high as possible • Keep costs down • Maximize donation value for tax benefits • Prefers annexation by ordinance (no election) Other Ron Jones Property • 5 -acre parcel north of Pole Yard • Needed for 1/6 contiguity requirement • No current access • Possible location for new Fraser Public Works facility Pole Yard • Owned by Byers Peak Business Park, LLC. • Approximately 10 -acres north of Elementary School • Limited access to County Road 50 ,0101111111010000000000000000111111111111111111000000,„ lluiiiiiV ullllllllllllllllllllllllllou i" Imuu1111111 11111 �ppuulllu II I II I I II II I II II II I ( II I II II 1 111111uuuuu1u1u1IIII 001,,,,, 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1111111111111111111111 „,;iliiiilllllll II ���1111iiillliiiullllll °° IIIIIIIP 11111116666 6 001 1011iIIIIIl11°1i Illuu 6' (IIII 001111 00 I I I I I I I I I iii0It1:0iiiiiiiiiiuiiiiiiiiiiii11ii1 'iiiiiil 11 1u111 llllll III III 'INiiiiiiiilllll IIII 11111 Vum111111 I I I I IIIIIII I II 11110101 II ppp01 IIIIIIII' �gpot000 IIIIII IIIIIIIIIIIIIIIIIIIII 'umuuuumuuuuum IIIIIII (IIII IIIIIIIIIIIIIIII IIIIIII 1 IIIIIIIIIIIIII ���� IIIIIIIIIIIIIIV l�lllllllllllllllllllum'p1 �uuu'I II III ' IIII 11111 0,010 I (IIIIIIIIIIIIIIIII III II I II Illuu" 0001 uuuul1111 um 11„,01 I 1111IIIIIIII IIIIIIIIIIIIII „ 'I'I�������PP�;i I uuul�� 1111 IIIIIIIIIIIIIIV I IIII„°111 I 111 p0 111111 111111111 111 111111 IIIIII I pp0"'���� IIIIII IIIIIugliill1i1111 �) IIIIIIIIIIIIIIIIIIIIIII,,,,,, IIIIIIIIIIIIIIIIIIIIIIIIIIIII,,,,,,,,,,,, ms IIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIII�iill IIIIIIIIIII Pole Yard —Fraser Downtown Strategic Plan Jones Family Trust lands • 128 -acres • Currently listed for sale for $19.5M • Exploring annexation to improve land value • Currently Zoned Agricultural Annexation Feasibility: • All 6 landowners indicate willingness to annex • 1/6 Contiguity met with all four parcels • In 2018 Fraser commissioned Bowman Consulting to examine water and sanitary sewer infrastructure needed to support the annexation of the Pole Yard. • Two options were considered: • 1. Water extension to Pole Yard, sewer to CR5 and treatment plant • 2. Water extensio n to Pole Yard, sewer to CR8 • Preliminary engineers estimate of probable costs (2018 dollars): • Option 1 - $2M • Option 2 - $1. 8M Wate r/Sewe r Infrastructure Feasibility N v FRASER BOARD OF TRUSTEES MINUTES DATE: December 7, 2022 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; Brian Cerkvenik, Kaydee Fisher, Lewis Gregory, Parnell Quinn and, Katie Soles Staff: Town Manager, Ed Cannon; Town Clerk, Antoinette McVeigh; Assistant Town Manager, Michael Brack; Finance Director, Rob Clemens; Police Chief, Glen Trainor Others: See attached list Mayor Vandernail called the meeting to order at 6:00 p.m. 1. Rollcall: Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Brian Cerkvenik, Kaydee Fisher, Lewis Gregory, Parnell Quinn and, Katie Soles 2. Approval of Agenda: Trustee Soles moved, and Trustee Waldow seconded the motion to approve the agenda. Motion carried: 7-0. 3. Consent Agenda: a) Minutes November 16, 2022 b) Resolution 2022-12-01 Three Mile Plan Trustee Soles moved, and Trustee Quinn seconded the motion to approve the consent agenda. Motion carried: 7-0. 4. Open Forum: none Trustee Waldow moved, and Trustee Soles seconded the motion to suspend the Board of Trustees Regular Meeting and Open the Liquor and Beer Licensing Authority. Motion carried 7-0. 5. Liquor and Beer Licensing Authority: a) Fisher's Bar Liquor License Renewal Trustee Quinn moved, and Trustee Soles seconded the motion to approve Fisher's Bar Liquor License Renewal Motion carried: 6-0, Trustee Fisher was recused. b) Public Hearing and Possible Action Page 2of3 bi) Liquor License Application for BBQ Caboose LTM Dba Solstice Bistro Trustee Waldow moved, and Trustee Soles seconded the motion to open the public hearing regarding the Liquor License Application for BBQ Caboose LTM Dba Solstice Bistro at 6:08 pm. Motion carried: 7-0. The applicant was not present for the public hearing. Trustee Quinn moved, and Trustee Cerkvenik seconded the motion to continue the public hearing to January 4, 2023 at 6:12pm. Motion carried :7-0. Trustee Soles moved, and Trustee Cerkvenik seconded the motion to leave the Liquor and Beer Licensing Authority and resume the Board of Trustees meeting. Motion carried:7-0. 6. Discussion and Possible Action: a) Byers Avenue Waterline Replacement Contract Award Trustee Waldow moved, and Trustee Cerkvenik seconded the motion to approve Resolution 2022-12-03 award the Byers Avenue Waterline Replacement Contract to Conroy Excavating Inc. Motion carried: 7-0. b) Letter Of Intent for Department Of Housing Grants Trustee Soles moved, and Trustee Quinn seconded the motion to approve the Mayor to sign the Letter Of Intent for Department Of Housing Grants. Motion carried: 7-0. 7. Updates a) Trustee Quinn: Fraser Hospital, Lawsuit, Plowing, code enforcement, Baseline and fee structure b) Trustee Waldow: Baseline Planning Services vs. staff costs 8. Executive Session: a) For a conference with the Special 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 Metro District Service Plan. Including Town Attorney Kent Whitmer, Town Manager Ed Cannon, Assistant Town Manager, Michael Brack, Finance Director Rob Clemens, Town Clerk Antoinette McVeigh, Special Council John Chmil and Tim Zarlengo 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. Town Attorney Page 3 of 3 b) 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 Victoria Village Developer Interviews. Including Town Attorney Kent Whitmer, Town Manager Ed Cannon, Assistant Town Manager, Michael Brack, Finance Director Rob Clemens, Town Clerk Antoinette McVeigh Trustee Cerkvenik moved, and Trustee Quinn seconded the motion to open the Executive Sessions at 6:30 p.m. Motion carried: 7-0. Trustee Soles moved, and Trustee Cerkvenik seconded the motion to close the Executive Sessions at 9:20 p.m. Motion carried: 7-0. 9. Discussion And Possible Action Regarding: a) Victoria Village Project Award to Developer Trustee Soles moved, and Trustee Quinn seconded the motion to approve Resolution 2022-12-04 Victoria Village Award to Developer with Mountain Affordable Housing. Motion carried: 6-1, Nay Waldow. 10. Adjourn: Trustee Gregory moved, and Trustee Quinn seconded the motion to adjourn. Motion carried: 7-0. Meeting adjourned at 9:28 p.m. Antoinette McVeigh, Town Clerk TOWN BOARD REGUL AR MEETING REGISTRATION SHEET DECEMBER 7, 2022 The Public Foru m is an opportunity f or the public to present their concerns and rec ommendati ons regarding Town Government issues to the Town Bo ard. Thos e wishing to address the T own B oard will be all owed a five-minute presentation. A ma ximum of six (6) pe ople will be allowed to address the Town Board at each Public Forum. If a topic that yo u wish to discuss has been scheduled for a f ormal T own Board Meeting, we would ask that you reserve y our remarks for that specific date and time . T opics that are in litigatio n with the T own will not be heard during this forum. All pres enters are urged to: (1) st ate the concern; and (2) list possible s ol uti ons . Please keep the fo llo wing guidelin es in mind: Remarks that discriminate against anyone or ad versely reflect up on the race, c olor, ancestry, religi ous creed, nati onal origin, politic al affiliatio n, disability, sex, or marital status of any pers on are out of order and may end the speaker's privilege to address the B oard . Defamato ry or abusiv e remarks or pro fanity are out of order and will not be t olerated. A nyone attending To wn Bo ard meetings must sign in to ensure accurate rec ords and minutes. Sign yo ur name, address, and email on the sign in sheet. Thank yo u fo r yo ur cooperation . NAME PHYSICAL ADDRESS EMAIL TOWN OF FRASER RESOLUTION NO. 2023-01-01 A RESOLUTION DESIGNATING THE PUBLIC PLACE FOR POSTING NOTICES WHEREAS, C.R.S. § 24-6-402(2)(c) requires the Town to annually designate the public place for posting notices to comply with the Colorado Open Meetings Law, C.R.S. § 24-6-402, et seq. (the "Open Meetings Law"); WHEREAS, consistent with House Bill 19-1087, the Town hereby desires to post notice of the Town's public meetings on the Town's website as the Town's official online presence to the greatest extent practicable; and WHEREAS, the intent of the general assembly is to relieve a local government of the requirement to physically post meeting notices. On and after July 1, 2019, a local public body shall be deemed to have given full and timely notice of a public meeting if the local public body posts the notice, with specific agenda information if available, no less than twenty-four hours prior to the holding of the meeting on a public website of the local public body. The notices are accessible to the public at no charge. The notices shall be searchable, if feasible, by type of meeting, date and time of meeting, and agenda contents. A local government that posts notices of public meetings on its website may continue to post the notices in a physical location, but is not required to do so. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. Designation. The Board of Trustees of the Town of Fraser, in compliance with C.R.S. § 24-6-402(2)(c) of the Open Meetings Law, hereby designates the Town website at www.frasercolorado.com as the official place for posting notices. The Town may additionally post notices at Fraser Town Hall, located at 153 Fraser Avenue and the Fraser Post Office, located at 520 Zerex Street. If there is a known outage or an emergency meeting, the Town may post a physical notice at the public entrance of the Fraser Town Hall. DULY MOVED, SECONDED AND ADOPTED THIS 4th DAY OF JANUARY, 2023. Votes in favor: Votes opposed: Abstained: (SEAL) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk MEMO TO: FROM: DATE: SUBJECT: CO L O R A D O Mayor Vandernail and the Board of Trustees Antoinette McVeigh, Town Clerk November 29, 2022 BBQ Caboose LTD, dba Solstice Bistro Liquor License Application MATTER BEFORE THE BOARD: BBQ Caboose LTD, dba Solstice Bistro filed an application with the Fraser Town Clerk for a new Hotel and Restaurant license located at 45 Grand County Road 804 Unit 130 Fraser, CO 80442. ACTION REQUESTED: Approval of Resolution 2022-12-02, for the approval of a new Hotel and Restaurant Liquor License to serve malt, vinous and spiritous beverages for consumption on the premises. EXECUTIVE SUMMARY: The application was filed on October 13, 2022 in the Town Clerk's office and a public hearing has been scheduled for Wednesday December 7, 2022 at 6:00pm. The notice for the public hearing was posted in a conspicuous location at 45 Grand County Road 804 Unit 130 Fraser, CO 80442 on November 23, 2022 per CRS 44-3-303 (1)(11). Included in the packet are the application, petition (preponderance of evidence), liquor finding facts and resolution 2022-12-02. ALTERNATIVES: • The Local Authority could deny Resolution 2023-1-02 therefore, denying a new Hotel and Restaurant liquor license to BBQ Caboose LTD, dba Solstice Bistro located at 45 Grand County Road 804 Unit 130 Fraser, CO 80442. • The Local Authority could take 30 days to consider the application. RECOMMENDATION: Staff recommends approval of Resolution 2023-1-02 a Resolution of the Fraser Board of Trustees, acting as the Local Liquor Licensing Authority for the Town of Fraser, Approving the Application of a new Hotel and Restaurant Liquor License for the premise at 45 Grand County Road 804 Unit 130 Fraser, CO 80442. II , _..s ;3"7: a II r:'��,� rd r: � ;u�� �. � " �w: °IIV� ��� �� � �I'., — � :�— �9" ax:Y; TOWN OF FRASER RESOLUTION NO. 2023-1-02 A RESOLUTION OF THE FRASER BOARD OF TRUSTEES, ACTING AS THE LOCAL LIQUOR LICENSING AUTHORITY FOR THE TOWN OF FRASER, APPROVING THE APPLICATION OF BBQ CABOOSE LTD, DBA SOLSTICE BISTRO., FOR HOTEL AND RESTAURANT LIQUOR LICENSE FOR THE PREMISES AT 45 GRAND COUNTY ROAD 804 UNIT 130 FRASER, CO 80442 WHEREAS, BBQ Caboose LTD, dba Solstice Bistro (the "Applicant") filed an application with the Town of Fraser for a hotel and restaurant liquor license for the premises located at 45 Grand County Road 804 Unit 130 Fraser, CO 80442; and WHEREAS, a public hearing on said application was held on December 7, 2022, following due and proper notice, in accordance with the Colorado Liquor Code, C.R.S. 44-3-111 et seq.; and WHEREAS, the Board of Trustees, as the Local Liquor Licensing Authority, has carefully considered said application and the evidence presented at the hearing, and hereby enters the following decision regarding the application. THE BOARD OF TRUSTEES MAKES THE FOLLOWING FINDINGS: 1. The license application is complete, including all payments of local and state fees. The applicant had requested a concurrent review and the application is being reviewed by the State. 2. The Applicant has submitted evidence that it is entitled to possession of the premises where the license is proposed to be exercised. 3. The premises are properly zoned for the activity which will occur therein, and the Town of Fraser has eliminated the 500 -foot minimum distance requirement for licensed premises separation from any public or parochial school or the principal campus of any college, university or seminary. 4. The Applicant has demonstrated by a preponderance of the evidence that the reasonable requirements of the neighborhood and the desires of the adult inhabitants of the neighborhood are not currently being met by existing outlets. BASED UPON THESE FINDINGS, THE BOARD OF TRUSTEES, AS THE LOCAL LICENSING AUTHORITY, HEREBY ORDERS THAT THE APPLICATION OF BBQ CABOOSE LTD, DBA SOLSTICE BISTRO FOR A RESTAURANT AND HOTEL LICENSE FOR THE PREMISES AT 45 GRAND COUNTY ROAD 804 UNIT 130 FRASER, CO 80442, IS HEREBY APPROVED WITH THE FOLLOWING CONDITIONS: 1. Approval by the Colorado Department of Revenue of the State liquor license application. 2. All alcohol beverage servers must complete a certified responsible vendor training with in 90 days of issuance of the license. DULY MOVED, SECONDED, AND ADOPTED THIS DAY OF 2023. TOWN OF FRASER BOARD OF TRUSTEES AND LIQUOR LICENSING AUTHORITY Votes in favor: Votes opposed: Abstained: BY: Mayor ATTEST: (SEAL) Town Clerk 2 DR 8404 (12/29/21) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Liquor Retail License Application New License ❑ New -Concurrent ❑ Transfer of Ownership ❑ State Property Only ❑ Master file • All answers must be printed in black ink or typewritten • Applicant must check the appropriate box(es) • Applicant should obtain a copy of the Colorado Liquor and Beer Code: SBG.Colorado,gov/Liquor 1, Applicant is applying as a/an ❑ Individual 1 Limited Liability Company 0 Association or Other ❑ Corporation ❑ Partnership (includes Limited Liability and Husband and Wife Partnerships) 2. Applicant If an LLC, name of LLC; if partnership, at least 2 partners names; if corporation, name of corporation FEIN Number BBQ Caboose LTD 85-4147942 2a.Trade Name of Establishment (DBA) State Sales Tax Number Business Telephone Solstice Bistro 94737608 (303) 819-1017 8. Address of Premises (specify exact location of premises, include suite/unit numbers) 45 Grand County Road 804 Unit 130 City County State ZIP Code Fraser Grand CO 80442 4. Mailing Address (Number and Street) City or Town State ZIP Code PO BOX 1101 Fraser CO 80442 5. Email Address catering@wpg2u.com 6. If the premises currently has a liquor or beer license, you must answer the following questions Present Trade Name of Establishment (DBA) Present State License Number Present Class of License Present Expiration Date Section A Nonrefundable Application Fees* Section B (Cont.) Liquor License Fees* ® Application Fee for New License., .100.00 ❑ Liquor -Licensed Drugstore (County) ,,,...,........................,.,.....,.,........$312.50 ❑ Application Fee for New License w/Concurrent Review ..,...,.....$1,200.00 ❑ Lodging & Entertainment - L&E (City) .................................................$500.00 O Application Fee for Transfer ...................................................$1,100.00 ❑Lodging& Entertainment -L&E (County) .......,..,...........,...,....,..,......,.$500.00 Section 8 Liquor License Fees* ❑ Manager Registration - H & R................................................................$75.00 ❑ Add Optional Premises to H & R,......,, $100.00 X Total ❑Manager Registration - Tavem............................................................... $75.00 . --......._.._ _,_._- - ❑ Manager Registration - Lodging & Entertainment................................$75.00 ❑ Add Related Facility to Resort Complex$75.00 X _- _Total [ Manager Registration - Campus Liquor Complex ................ $75.00 __ ,_, $75.00 ❑ Add Sidewalk Service Area.................................................................... [ Optional Premises License (City) .$500,00 ❑ Arts License (City) ................................................................................ $308.75 ❑ Optional Premises License (County) $500.00 ❑ Arts License (County) .......................................................................... $308.75 ❑ Racetrack License (City) $500,00 ❑ Beer and Wine License (City). . ., $351.25 ❑ Racetrack License (County) $500.00 ❑ Beer and Wine License (County)........................................................ $436.25 ❑ Resort Complex License(City) ....$500.00 ❑ Brew Pub License (City) .................................................................... $750.00 ❑ Resort Complex License (County) .................... ,...,.,.................,........$500.00 ❑ Brew Pub License (County)................................................................. $750.00 ❑ Related Facility - Campus Liquor Complex(City)_ . $160.00 ❑ Campus Liquor Complex (City).......„........._...__,.......„._........ ......... .. $500,00 ❑ Related Facility Campus Liquor Complex (County) - P P ( Y) ........................ $160.00 ❑ Campus Liquor Complex (County) ..................................................... $500.00 ❑ Campus Liquor Complex (State),,,„_ .................................................. $500.00 Related Facilitymig Campus - P ❑ Retail Gaming Tavern us Liquor Complex (State) ............................ $160.00 (City) ......$500,00 ❑ Club License (City).... .,.. ._ ... ... ..... . ...... ..... . _____ ..... _.......... $308.75 L Retail Gaming Tavem License (County)........“.......... ..... . ........ .____.$500.00 ❑ Club License (County) ........................................................................ $308.75 [-] Retail Liquor Store License-Additional(City)._.-......... q ......................$227.50 ❑ Distillery Pub License (City)................................................................. $750.00 ❑ Retail Liquor Store License-Additional(County) ..........$312.50 ❑ Distillery Pub License (County) ........................................................... $750.00 Retail Liquor Store (City) .$227,50 ® Hotel and Restaurant License (City) ................................................... $500.00 Retail Liquor Store (County) $312.50 0 Hotel and Restaurant License (County) ............................................ $500.00 0 Hotel and Restaurant License w/oneoptpremises (City)... ( y) .................$600,00 C] Tavern License (City) ..,...., $500.00 nty)......................... ®Tavern License Count ..$500.00 0 0 Hotel and Restaurant License w/one opt premises (County)............ $600.0 ri ❑ Vintners Restaurant License (City) .................................................... . $750 00 0 Liquor -Licensed Drugstore (City) ....................................................... 3227.50 0 Vintners Restaurant License Count $750.00 * Note that the Division will not accept cash Questions? Visit: SBG.Colorado.gov/Liquor for more information Do not write in this space - For Department of Revenue use only Liability Information License Account Number Liability Date License Issued Through (Expiration Date) Total DR f3404(12/29/21) Application Documents Checklist and Worksheet Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: SBG,Colorado.gov/Liquorfor more information items submitted,ilease check all appropriate boxes completed or documents submitted Applicant information ❑ A. • Applicant/Licensee identified ❑ B. State sales tax license number listed or applied for at time of application C. • License type or other transaction identified ❑ D. Return originals to local authority (additional items may be required by the local licensing authority) E. • All sections of the application need to be completed • F. Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Re- tail License Application Diagram of the premises ❑ A. No larger than 8 1/2" X 11" ❑ B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) ❑ C, Separate diagram for each floor (if multiple levels) ❑ D. Kitchen - identified if Hotel and Restaurant m7 E. • Bold/Outlined Licensed Premises Proof of property possession (One Year Needed) ri A. • Deed in name of the applicant (or) (matching question #2) date stamped / filed with County Clerk ❑ B. Lease in the name of the applicant (or) (matching question #2) • C. Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant El D. Other agreement if not deed or lease. (matching question #2) V Background information (DR 8404-1) and financial documents • A. Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors, partners, members) El B. Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state vendor. Do not complete fingerprint cards prior to submitting your application. The Vendors are as follows: IdentoG©— https.://uenroll.id'entogo.com/ Phone: 844-539-5539 (toll -free) Colorado Fingerprinting — http.//www:c©loradofingerprinting.com Appointment Scheduling Website: http://www.coloradofingerprinting.com/cabs/ Phone: 720-292-2722 Toll Free: 833-224-2227 Details about the vendors and fingerprinting in Colorado can be found on CBI's website here: v/sections/biometric-iden tifica tion-and-records-unit/emplo yment-and-background-checks C. Purchase agreement, siock transfer agreement, and/or authorization to transfer license D. List of all notes F81oans (Copies to also be attached) _ V. Sole proprietor/husband and wife partnership (if applicable) ❑ A. Form DR 4679 ❑ B. Copy of State issued Driver's License or Colorado Identification Card for each applicant Vl. Corporate applicant information (if applicable) —._.._. • A. Certificate of Incorporation • B. Certificate of Good Standing ❑ C. Certificate of Authorization if foreign corporation (out of state applicants only) Vil. Partnership applicant information (if applicable) ❑ A. Partnership Agreement (general or limited). • B. • Certificate of Good Standing dli A. Copy of a ericae o Good Stan rng C. Copy of Operating Agreement (if applicable) D. Certificate of Authority if foreign LLC (out of state applicants only) nformation (if applicable) X. Manager registration for Hotel and Restaurant, Tavern, Lodging & En Complex licenses when included with this application A.$75.00 fee • B. Individual History Record (DR 8404-1) D C.If owner is managing, no fee required ent, and Campus Liquor DR 8404 (12129,12 Name ype of i_dc.ense Account Number e applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, kholders or directors if a corporation) or managers under the age of twenty-one years? Yes No 8. Has the applicant (including any of the partners if a partnership„ members or managers if a limited liability company, or officers, stockholders or directors if a corporation) or managers ever (in Colorado or any other state); a. Been denied an alcohol beverage license? b. Had an alcohol beverage license suspended or revoked? c. Had interest in another entity that had an alcohol beverage license suspended or revoked? If you answered yes to 8a, b or c, explain in detail on a separate sheet. 9. Has a liquor license application (sarne license class), that was located within 500 feet of the proposed premises„ been denied within the preceding two years? If "yes", explain in detail. 10. Are the premises to he licensed within 500 feet, of any public or private school that meets compulsory education requirements of Colorado law„ or the principal campus of any college, university or seminary? Waiver by local ordinance? Other: ❑ ❑ Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1500 feet of another retail liquor license for off -premises sales in a jurisdiction with a population of greater than (>) 10,0000? NOTE: The distance shall be deterrninod by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal door- way of the Licensed LLDS/RLS, 12. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off -premises sales in a jurisdiction with a population of less than (<) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. 13 a. For additional Retail Liquor Store only. Was your Retail Liquor Store License issued on or before January 1, 2016? 13 b. Are you a Colorado resident? L El 14. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership„ members or manager if a Limited Liability Company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current financial interest in said business including any loans to or from a licensee. 15. Does the applicant, as listed on line 2 of this application, have legal possession of the premises by ownership, lease or other arrangement? Ownership _Lease ❑ Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease: Landlord Tenant b. Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question 16. c. Attach a diagram that designates the area to be licensed in black bold outline (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2' X 11". CJ 16. Who, besides the owners listed in this application (including persons, firrns, partnerships, corporations, limited liability companies) will loan or give money inventory, furniture or equipment to or for use in this business; or who will receive money from this business? Attach a separate sheet if necessary. Last Name First Name Date of Birth 1 FEIN or SSN ast Name Interest/Percentage Percentage Attach copies of all notes and security instruments and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 17. Optional Premises or Hotel and Restaurant Licenses with Optional Premises: Has a local ordinance or resolution authorizing optional premises been adopted? Number of additional Optional Premise areas requested, (See license fee chart){ 18. For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), include a diagram of the service area and documentation received from the local governing body authorizing use of the sidewalk. Documentation may 'include but is not limited to a statement of use, permit, easement, or other legal permissions,. 19. Liquor Licensed Drugstore (LLDS) applicants, answer the following: a. Is there a pharmacy, licensed by the Colorado Board of Pharmacy, located within the applicant's LLDS premise? If "yes" a copy of license must be attached. ❑ ❑ DR 8404 (12/29/2i) Name YP nse Account Number 20. Club Liquor License applicants answer the following: Attach a copy of applicable documentation Yes No a. Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain? 0 ❑ b. Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? c. How long has the club been incorporated? d. Has applicant occupied an establishment for three years (three years required) that was operated solely for the reasons stated above? [] [] 21 Brew -Pub, Distillery Pub or Vintner's Restaurant applicants answer the following; a. Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached) 22. Campus Liquor Complex applicants answer the following: a. Is the applicant an institution of higher education? [11 b. Is the applicant a person who contracts with the institution of higher education to provide food services? [__1 11 If "yes" please provide a copy of the contract with the institution of higher education to provide food services. 23. For all on -premises applicants. ___.. a. Hotel and Restaurant, Lodging and Entertainment, Tavern License and Campus Liquor Complex, the Registered Manager must also submit an Individual History Record - DR 8404 -land fingerprint submitted to approved State Vendor through the Vendor's website. See application checklist, Section IV, for details. b. For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Perrnit Application - DR 8000 and fingerprints. t Name of Manager; First Name of Manager 24. Does thus r rnager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. 25. Related Facility - Campus Liquor Complex applicants answer the following: a. Is the related facility located within the boundaries of the Campus Liquor Complex? If yes, please provide a map of the geographical location within the Campus Liquor Complex. If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex. b. Designated Manager for Related Facility- Campus Liquor Complex Name of Manager First Name of Manager 26. Tax Information. Yes No Yes No a. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any [] [] other person with a 10% or greater financial interest u1 the applicant, been found in final order of a tax agency to be delinquent in the payment of any state or local taxes, penalties, or interest related to a business? b. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section 44-3-503, C.R.S.? .._ J 27. If applicant is a corporation, partnership, association or limited liability company„ applicant must list all Officers, Directors, General Partners, and Managing Members. In addition, applicant must list any stockholders„ partners, or members with ownership of 10% or more in the applicant. All persons listed below must also attach form DR 8404-1 (Individual History Record), and make an appointment with an approved State Vendor through their website, See application checklist, Section IV, for details. Name Home Address, City & State DOB Position %Owned saw t 14x3 c. `8H Q 's It SI _ Name ) Home Address, City & State a 1 Position %Owned 2 Na e Home Address, City & State DOB Position / 0wned� Home Address, City & State DOB Position %Owned Home Address, City & State ©OB Position %Owned " If applicant is owned 100% by a parent company, please list the designated principal officer on above. " Corporations - the President, Vice -President, Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable) If total ownership percentage disclosed here does not total 100%, applicant must check this box: Applicant affirms that no individual other than these disclosed herein owns 10% or more of the applicant and does not have financial interest in prohibited liquor license pursuant to Article 3 or 5, C.R.S. 4 DR 8404 (12129/21) Name Type of License Account Number Oath Of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license, Author d 'nature s" Printed Name and Title t (-k 1 : � ,, "t� Date f C2' Red and Approval of Local Licensing Authority (City/County) Date application filed with local authority Date of local au hearing (for new license applicants; cannot be less than 30 days from date of application) The Local Ucensing Authority Hereby Affirms that each person required to file DR 8404-1 (Individual History Record) or a DR 8000 (Manager Permit) has been: ❑ Fingerprinted ❑ Subject to background investigation, including NCIC/CCIC check for outstanding warrants That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with and aware of, liquor code provisions affecting their class of license (Check One) ❑ Date of inspection or anticipated date ❑ Will conduct inspection upon approval of state licensing authority ❑ Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1,500 feet of another retail liquor license for off- Yes No premises sales in a jurisdiction with a population of > 10,0000? ❑ ❑ ❑ Is the Liquor Licensed Drugstore(LLDS) or Retail Liquor Store (RLS) within 3,000 feet of another retail liquor license for off- El II sales in a jurisdiction with a population of < 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS, Does the Liquor -Licensed Drugstore (LLDS) have at least twenty percent (20%) of the applicant's gross annual income derived ❑ ❑ from the sale of food, during the prior twelve (12) month period? The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 44, Article 4 or 3, C.R,S., and Liquor Rules, Therefore, this application is approved. Local Licensing Authority for Telephone Number ❑ Town, City ❑ County Signature Print Title Date Signature Print Title Date DR 8404 (12/29/21) Name Type of License Account Number I declare under penalty of perjury in the second degree knowledge. I also acknowledge that it is my responsibility Colorado Liquor or Beer Code which affect my license, that Oath Of Applicant this application and all attachments are true, and the responsibility of my agents and employees Print ,d Name and Title correct, and complete to the best of my to comply with the provisions of the Autho . ignature Date Re rt and Approval of Local Licensing Authority (City/County) Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of app The Local Licensing Authority Hereby Affirms that been: Li Fingerprinted (] Subject to background investigation, including That the local authority has conducted, or intends and aware of, liquor code provisions affecting their (Check One) ill Date of inspection or anticipated date ❑ Will conduct inspection upon approval each person required to file DR NCIC/CCIC check for to conduct, an inspection class of license 8404-1 (Individual History Record) or a DR 8000 (Manager Permit) has outstanding warrants of the proposed premises to ensure that the applicant is in compliance with of state licensing authority ❑ Is the Liquor Licensed premises sales in a Is the Liquor Licensed premises sales in a NOTE: The distance for which the application ❑ Does the Liquor -Licensed from the sale of food, The foregoing application has report that such license, if granted, with the provisions of Title 44, Drugstore (LLDS) or jurisdiction with a population Drugstore(LLDS) or Retail jurisdiction with a population shall be determined by is being made and ends Drugstore (LLDS) during the prior twelve Retail Liquor Store (RLS) within 1 „.500 feet of another retail liquor of > 10,0600? Liquor Store (RLS) within 3,000 feet of another retail liquor of < 10,0000? a radius measurement that begins at the principal doorway of at the principal doorway of the Licensed LLDS/RLS. have at least twenty percent (20%) of the applicant's gross annual (12) month period? premises, business to be conducted, and character of the requirements of the neighborhood and the desires of Liquor Rules. Therefore, this application Is approved. license for off- Yes No ❑ ❑ license for off - El 0 the LLDS/RLS premises income derived been examined; and the will meet the reasonable Article 4 or 3, C,R.S., and applicant are satisfactory. We do the adult inhabitants, and will comply Local Licensing Authority for Telephone Number ❑ Town, City 0 County Signature .-_Print Print Title Tulle Date Date_._. Signature DR 6404-I (03/20/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303)205-2300 In ivi ual ist© ' ec To be completed by the following persons, as applicable: sole proprietors, general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and Lodging and Entertainment class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied, If a question is not applicable, please indicate so by 'N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) 1. Name of Business BBQ Caboose LTD / DBA Solstice Bistro Home Phone Number 9705319180 Cellular Number 9705315400 2. Your Full Name (last, first, middle) Susan Eileen Kuglitsch 3. List any other narnes you have used Susan Eileen Defries 4. Mailing address (if different from re&d'erice) P© BOX 1378 6. List current residence address. Include any previous addresses Email Address catering@WPQ2U.com within the last five years. (Attach separate sheet if necessary) Street and Number Clty, State, Zip From Tcs Current 163 Grand County Road 840 unit 101 Fraser, CO 80442 11/05/15 11/01/22 Previous 6. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business Address (Street, Number, Clty, State, Zip) Position Held From To Igadi LTD 72399 HWY 40 Tabernash CO 80478 Cultivator 11/12/17 04/01/20 The Rapids Lodge 210 Rapids Lane Grand Lake CO 80447 Server 06/20/12 10/01/17 Self Employed 163 GCR 840 Fraser CO 80442 Owner 04/15/20 11/01/22 7. List the names) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You Position Held Name of Licensee 8. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, j t Yes ©No furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.) BBQ Caboose, LTD purchased Solstice Bistro from the owner, Chris French on 10/14/2021. Chris continued to participate in a management/consulting roll until the liquor license with her name as manager expired August 29, 2022. During the time from November 2021 until August 2022, new owner, Susan Kuglitsch, managed the staff and ordered the alcohol served at the bar, prepared the menus, and trained the staff in alcohol service. Now the restaurant is paid and sole interest in the liquor license is in the name of BBQ Caboose, LTD / DBA Solstice Bistro. 9. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you Yes applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.) No DR 8404-1 (03/20/19) 10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail Yes ® No Are you currently under probation (supervised or unsupervised), parole, or e:o pletin deferred sentence? (If yes, explain in detail) he requiremen o' El Yes No 2. Have you ever had any professional icense suspended, revoked, or denied? (If yes, explain in Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be tre tion required in question #13 is solely for iden ification purposes. n . Date of Birth b. Social Security Nurnber c. Place of Birth e, If Naturalized, state D We hen Yes ted as confidential. The personal of District Court d. U.S. Citizen Yes © No h. Naturalization Certificate Number n an Alien, Give Alien's Registration Card Number k. Permane R sidence Card Number 1. Height m. Weight rya (: n, Hair Color o. Eye Col p. Gen Do you have a current D Yes ❑ No #1 4. Financial Information. a. Total purchase price or Investment being made by the applying entity, corporation, partnership, limited liability company, other. $ 100,000,00 b. List the total amount of the personal investment , made by the person listed on question #2, in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases or fees paid, $ 100,000.00 * If corporate investment only please :skip to and complete section (d) ** Section b should reflect the total of sections c and e c. Provide details of the personal investment described in 14b. You must account for alt of the sources of this investment. Attach a separate sheet if needed) Type: Cash, Services or Equipment Account Type Bank Name Amount Sold BBQ Trailer $25,000 down Deposit Checking Account United Business Bank 45,000.00 Paid Installments to Prior Owner Monthly Payments From Blue Federal Credit Union 53,000.00 Earnest Payment to Owner 5,000.00 Cash 5,000.00 d. Provide details of the corporal separate sheet if needed) investment described in 14 (a). You must accoun or all of the sources of nvestment. (Attach a Type: Cash, Services or Equipmen oans Account Type Bank Name Amount n In ion (Attach co es o notes oans Name o Lender Address Term Security Amount Chris French 540 W 7th #3 Salida CO 81201 1 year Restaurant 50,000.00 Oath of Applicant d- x� e under •enalt of ►er ur that this a•.fication and all attachments are true,_correct, and cr mpiete to the be Print Signature Title 0 y knowledge Date ll -, DR 8404-1 (03/20/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 In ivi ual st© ecor To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and Lodging and Entertainment class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) 1. Name of Business BBQ Caboose, LTD dba/ Solstice Bistro Home Phone Number 9705317695 Cellular Number 2. Your Full Name (last, first, middle) Nieto, Tito, Eric 3. List any other names you have used 4. Mailing address (if differentfrom residence) PO BOX 1378 Email Address co catering@wpVu. m , .. . . .. .. . ... . 5. List current residence address, Include any previous addresses within the last five years. (Attach separate sheet if necessary) Street and Number City, State, Zip From To Current 163 Grand County Road 840 Unit 101 Fraser, CO 80442 11/06/15 11/06/22 Previous 6. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To Interwest Winter Park Resprt 86 Parsenne Blvd Winter Park, CO 40482 Manager 11/01/04 11/01/22 7. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You Position Held Name of Licensee Susan Kuglitsch Spouse Restaurant Owner Solstice Bistro 8. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.) r Yes ❑ No My spouse, Susan Kuglitsch, agreed to purchase the Restaurant/Bar, Solstice Bistro, and Wild Horse Catering Company, in October 2021 from the Owner, Chris French. Chris French prepared terms for the purchase and continued to operate with the compaby as an advisor and manager. The liquor license we are applying for now that the business has changed hands completely to Susan Kuglitsch, includes a lease. My name, Tito Nieto, is on the lease prepared by Fraser Retail Center and included in the application packet. 9. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you Yes applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.) ►:1 No DR 8404-1 (03/20/19 10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited El Yes No bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.} 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (If yes, explain in detail.) ❑ Yes ®No 12. Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.) ❑ Yes Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information required in question #13 is solely for identification purposes. ►`4 No 13a h b. Social Security Number c. Place of Birth Bossier City, LA d. U.S. Citizen ri Yes ❑ No e. If Naturalized, state where f. When g. Name of District Court h. Naturalization Certificate Number i. Date of Certification j. If an Alien, Give Alien's Registration Card Number k. Permanent Residence Card Number I. Height 5'11 m. Weight 220 n. Hair Color brown o. Eye Color brown p. Gender male q. F.'1 Do you have a curre er's License/ID? If so, give number and state. Yes ❑ No # State CO 14. Financial Information. a. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other. $0 b. List the total amount of the personal investment , made by the person listed on question #2, in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ 0 * If corporate investment only please skip to and complete section (d) ** Section b should reflect the total of sections c and e c. Provide details of the personal investment described in 14b. You must account for all of the sources of this investment. {Attach a separate sheet if needed) Type: Cash, Services or Equipment Account Type Bank Name Amount n/a d. Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment (Attach a separate sheet if needed) Type: Cash, Services or Equipment Loans Account Type Bank Name Amount n/a e. Loan Information {Attach copies of all notes or loans) Name of Lender Address Term Security Amount n/a Oath of Applicant I declare under penalty of perjury that this application and at attachments are true, correct, and complete to the best of my knowledge. Authorized Si. ✓ Print Signat T b re °r 0 Title ,f ile.'y .Ili i") iii 1 r i L i2--- Date lL- y2 DR 0495 (07/23/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Tax Check Authorization, Waiver, and Request to Release Information . 1 1, , IA "Sty, i t ,C, 1 j S( am signing this Tax Check Authorization, Waiver C_J\ e)(iC 'E i.-:" D (the and Request to Release "Applicant/Licensee") release information and for someone other than Waiver on behalf of the and oversees the and documentation license application section 44-3-101. et seq. with certain tax licensing authorities may payment obligations. resolution or ordinance with state or local state and local licensing whichever is later. with the renewal any other state or local and documentation to duly licensing authorities, and Applicant/Licensee legal representatives, to action regarding the Information (hereinafter'Waiver") on behalf of �') Z Ca to permit the Colorado Department of Revenue and any other state or local taxing authority to documentation that may otherwise be confidential, as provided below. If I am signing this Waiver myself, including on behalf of a business entity, I certify that I have the authority to execute this Applicant/Licensee. The Executive Director of the Colorado Department of Revenue is the State Licensing Authority, Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. The information obtained pursuant to this Waiver may be used in connection with the Applicant/Licensee's liquor and ongoing licensure by the state and local licensing authorities. The Colorado Liquor Code, ("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance obligations, and set forth the investigative, disciplinary and licensure actions the state and local take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, concerning the confidentiality of tax information, or any document, report or return filed in connection taxes. This Waiver shall be valid until the expiration or revocation of a license, or until both the authorities take final action to approve or deny any application(s) for the renewal of the license, Applicant/Licensee agrees to execute a new waiver for each subsequent licensing period in connection of any license, if requested. By signing below, Applicant/Licensee requests that the Colorado Department of Revenue and taxing authority or agency in the possession of tax documents or information, release information the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as the Applicant's/Licensee's authorized representative under section 39-21-113(4), C.R.S., solely to allow the state and local their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. authorizes the state and local licensing authorities, their duly authorized employees, and their use the information and documentation obtained using this Waiver in any administrative or judicial application or license. Name jIIndividuaIJBusiness) Soc' umber Address L. Ci / l State Zip Home Phone Number Business/Work Phone Number Printed name of person ne sign on behalf of the A plicant/Licese 1(" f &)g t ioen , e°s Signature (Sig the disclosure of confidential tax inform e Applicant/ se Sg 9 ation ` �) Date 9(s ned� ~� ro c i4 Privacy Act Statement Providing your Social Security Number is voluntary and no right, benefit or privilege provided by law will be denied as a resullt of refusal to disclose it. § 7 of Privacy Act, 5 USCS § 552a (note). CO L O R A D O TOWN OF FRASER LIQUOR LICENSING AUTHORITY Follow-up findings and report of application for a new Hotel and Restaurant Liquor License. Owner Name: Susan Kulitsch 163 GCR 840 Fraser, CO 80442 Tito Nieto 163 GCR 840 Fraser, CO 80442 Establishment Name and Address: BBQ Caboose LTD, dba Solstice Bistro 45 GCR 804 Unit 130 Fraser, CO 80442. TO THE ABOVE APPLICANT AND OTHER INTERESTED PARTIES; Pursuant to Colorado Revised Statutes, 44-3-312(1), the applicant is hereby advised that with regard to the application for a Hotel and Restaurant Liquor License, an investigation has been made, and based on the results thereof, the following has been determined: That the application was filed on October 13, 2022 in the Town Clerk's office and a public hearing has been scheduled for Wednesday December 7 at 6:00 p.m. In accordance with C.R.S. 44-3- 311(1) the Town must hold the application for not less than 30 days. This location will be a new Hotel and Restaurant Liquor License as opposed to a transfer of an existing license due to the fact no existing license is in force. That the Notice of Public Hearing on this matter was posted on the premises by the Town Clerk on Wednesday November 23, 2022 at least 10 days prior to the hearing, and that the publication of the hearing was published in a newspaper of general circulation on November 24, 2022 at least 10 days prior to the Public Hearing. That from the evidence submitted the applicant is leasing the premises where the proposed liquor license will be utilized from Fraser Retail Center, and that Fraser Retail Center is the lawful owner of the premises. That the sale of liquor is not prohibited by municipal zoning regulations applicable to the premises. That pursuant to C.R.S. 44-3-313(d)(1) — Restrictions for applications for new license, the building where the applicant proposes to exercise the privilege of selling liquor at retail within 500 feet from any public or parochial school or the principal campus of any college, university or 0003.030 00030:0000:,. 003710000, II : se „.., „,..) 8(0000000000001.20 00,0,.)01:0"°0000,00,0e 9°7100:00 -°726-0E00000000003:1 f afi'0- „" 00E00 seminary was lifted by Chapter 6, Article 4 of the Fraser Municipal Code. In the one-year preceding October 13, 2022, there has not been a denial of an application by either the Town of Fraser or the State of Colorado for a Hotel and Restaurant liquor license at the location for the reason that no applications were received. To assist you in furnishing evidence on the above matters, you are hereby advised that the Town Board has determined that the neighborhood to be served by your proposed outlet is described as all the area within the Fraser Valley Metropolitan Recreation District boundaries. Within Fraser Town limits there are the following existing liquor outlets: Liquor- Hotel & Restaurant 5 Liquor- Store 3 Liquor Fermented Malt Beverage 1 Liquor- Tavern 2 Brewery 3 Distillery 1 Winery 1 The Town of Winter Park has 49 liquor outlets and Tabernash has 3. That Fraser/Winter Park Police Department has conducted a background investigation on Susan Kuglitsch and Tito Nieto, the Members of BBQ Caboose LTD, dba Solstice Bistro with the Fraser Winter Park Police Department, Granby Police Department, Grand County Sheriff's office with no record found within the past year. There was no record found in the state of Colorado within the past year. The public hearing on this application will be held on Wednesday December 7, 2022, at 6:00 p.m. in the Fraser Town Hall, 153 Fraser Avenue, Fraser CO. At said hearing, the applicant shall have an opportunity to be heard regarding all matters related to this application, including all matters set forth herein. The Applicant has demonstrated by a preponderance of the evidence that the reasonable requirements of the neighborhood and the desires of the adult inhabitants of the neighborhood are not currently being met by existing outlets. The applicant is advised and encouraged to read a copy of the State of Colorado Liquor and Beer Codes and Regulations. This letter should in no way be construed as approving or denying the application. This decision rests solely with the Fraser Liquor Licensing Authority. Submitted by, Dated this 29th Day of November 2022. Antoinette McVeigh, CMC Fraser Town Clerk ..rv..(. aI vM (:1I III:."'"I"°a± v,,,, r 11::,aa, I,ax370, 0 r ., se, r, ( a) 8aV i.,l2 (,wplllii ��� Ip,1 1fy-72E!''.i, i1 PETITION TO THE TOWN BOARD OF FRASER I, the undersigned, am aware that an application for a H otel and Restaurant liquor license has been filed with the Town of Fraser by: BBQ Caboose LTD dba Solstice Bistro, proposed to be located at 45 Grand County Rd. 804 Unit 130 Fraser, CO 8©442. I am at least 21 years of age and am a resident or owner or manag er of a business located within the defined neighborhood boundaries of the proposed liquor establishment. I have indicated below whether I consider th e granting of the above -m entioned liquor license to be desirable and necessary for th e reasonable requirements of the neighborhood. nature Printed Nam by t Address Street City, Zip Owner, Date nr, Sig Resid ent PR 23. 17y C L X55 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII " 111IF 11111 111 11 11111 11111 111 11 11111 1111111 11111 11111 11111 11 1111111111111111 111111111111111 his II .s tune proof of your ad scIhedulled try run iilri Middle IlPalrlk '11"'lirnes on the dates iitidiicatead Ibellow, 1t changes are needed., please contact us Ipiiiolr to deadline at. (970) 837-3334. Non t;e I11::) u1m..;III:::QIr11= CII:d.GglM`(U3aII3IK:lm9 Proof Ulpda'ted: Nov. 17, 2022 a:t 02:iL0lpinrl MST INIla:ntiiice Name: 301D09 oll.su:iice IBiii.stlraa IHeariiing IPulblliisIheIr 1111): 250465 This is not an invoice. Below is an estimated price, and it is subject to change. You will receive an invoice with the final price upon invoice creation by the publisher. Alritoiiunelte McVeigh alri iCveeiiglh (rartoorlln. f erase Ir.co. us a (970) 726-5491, Collurluris lirde: 1 IIIII 11 II...., II I f9 M oll Miiddlle Park riilnrnes Ad CIlass: Il...taatalls 1:11.124/2022: Other INVotiice 155.54 Alfriir:daviit Fee Subttctall lra.x % Duren • 4.93 B20.47 0,00 521;1 „4'7 Notice of Public Hearing Fraser, Colorado Please take notice that BBO Caboose LTD, dba C,olstVice Bistro, 45 OCR 004 Unit 130, Fraser, CO 80442, in the County of Grand, State of Colorado on the 1.3 the al October 2022 made an a(. piucatron to the Town of Fraser for 0 Hlorel and Restaurant Uquor License pursuant to the C:olotado Ldquor (Dade. The names and addresses of the members of the corporatoon are as tollVows: Susan Kulitsch 163 OCR 840 Fraser, CO 80442, Tito Nieto 163 GCR 840 Fraser, CO 80442 The Fraser Board of Tsuslees, acting as Inc local rrquor ivicensing au10ontpyy,, wily 504 a public reariing on said appocation on Weclnesday December 7, 2022 at 600 p.m. in the Fraser Town Hall Board Return„ located at 153 Fraser Avenue, Fraser, Colorado P5141ons or remonstrations may be tined by forwarding them to the Fraser Town Crerk, Box 370 Fraser, CO 80442. Published by order of the Fraser Tcwvn CVetk PUBLISHED IN THE MIDDLE PARK TIMES ON THURSDAY. NOVEMBER 24. 2022. 80D09 Sollstice IBlistro IPtrulblllic Hearing Page 1 of 1 11111111111111 11111111111111 EN 1111 11111 111 11 111111111 111111111 111111 1Ihliis its the (proof of your a.d sclheduIled to run iiln Kiddie Park "1linnes on the, dates iiti diicated hello w IIf changes are needed, please contact us prior to deadline at. (97 ) 887-3334. Notice IIII::Y:ileT2g7yniVGIPszPAZHIUd Il:::rlrocvf Updaterili (Dec, 20, 2022 at 04,11:'lllprru MST Notice INalrne: Continued 11=X11 --II Sollst:iice Bistro This is not an invoice. Below is an estimated price, and it is subject to change. You will receive an invoice with the final price upon invoice creation by the publisher. f ' ll ll.... lfiif.l f:::IIII....Jl ll9c If:::0lI:: Alntoiinette McVeigh amcveligh@town,.fraser.co,.us (970) 726-5491, Colluulnluns INiidle: 1 12/29/2022: Other Afrfriidaviit1 Fee Milddlle Park Throes Ad Class: Il...egralls Subtotal fax (O%) Processing Fee 12.. 4 4.00 $16.1.4 $0,00 $1.61. V III $1.7.75 Notice of PUbIIC Hearing Fraser, Colorado Please take notice that BBO Caboose LTD, dba Solstice Bistr0, 45 GCR 804 Unit 130, Fraser, CO 80442, in the County of Grand, ;`tale of Colorado nn the 13 th of C)ctober 2022 made an af: 0ication to the Town of Fraser for a. Hotel and Restaurant Liquor License pursuant to the Colorado Liquor Cade. The names and addresses of the members of the Corpora80n are as 10lluows: Members: Susan Kulitsch 163 GCR 840 Fraser, 0O 80442 Tito Nieto 163 GC;R 840 Fraser, 00.80442 TI1e Fraser Board of Trustees, acting as the ocat liquor licensing authonttpyy wilt continue a public hearing on said appoxc afion on Wedne, day, January 4, 2023 at 7:00 p.min the Fraser Town Hatl Board Room located at 153 Fraser Avenue, Fraser, Colorado. Petitions or remonstrations may be fired by forwarding them t0 the Fraser Town (-jerk, PC).. Box 370 Fraser, GO 80442. Publishedby order 01 the Fraser Town C)erk PUBLISHED IN THE MIDDLE PARK TIMES ON THURSDAY, DECEMBER 29, 2022. Continued PH SoIlstice Bistro Page 1 of 1 MEMO TO: FROM: DATE: SUBJECT: COLORADO Mayor Vandernail and the Board of Trustees Ed Cannon, Town Manager January 4, 2023 NWCCOG Appointments )1,1,1,11,111,111,111,11 MATTER BEFORE BOARD: Representatives to the NWCCOG Council are designated by each member jurisdiction annually prior to the regular NWCCOG Council meeting in January. Representatives serve from the January meeting to the following January. Appointments must be made no later than January 17, 2023. NWCCOG currently shows the following appointees from Fraser: Council Members: (1 -year term) Representative: Lewis Gregory Alternate: Wesley LaVanchy Economic Development District (EDD) Board: (2 -year term) Representative: Andy Miller Staff Recommendation: Appoint a Trustee to the Council and the Town Manager as the alternate. Appoint a Trustee or Town Manager to the EDD TOWN OF FRASER RESOLUTION 2023-01-03 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO CONTRACT WITH CONROY EXCAVATING INC. FOR THE COMPLETION OF THE FRASER SANITARY SEWER UPGRADE PROJECT WHEREAS, the Town of Fraser has planned and budgeted for the Fraser Sanitary Sewer Upgrade Project. WHEREAS, the Town of Fraser received three bids for this project and has chosen the lowest, most qualified bidder to complete the work. BE IT HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town of Fraser Trustees authorizes the Town Manager to enter into contract with Conroy Excavating Inc. for the completion of the Fraser Sanitary Sewer Upgrade Project for a price not to exceed $2,162,400 which includes the contractor's bid plus an additional 15% contingency towards construction change orders if needed. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 4th DAY OF JANUARY, 2023. Votes in favor: Votes opposed: Absent: Abstained: (S EA L) BOARD TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk • IKKeInnounn MEMO TO: Mayor Vandernail and the Board of Trustees FROM: Monica Kopf, Project Manager DATE: January 4, 2023 SUBJECT: Fraser Sanitary Sewer Upgrade Bid MATTER BEFORE BOARD: Consideration of bids received and selection of a contractor for the Fraser Sanitary Sewer Upgrade Project. DEPARTMENT: Public Works PRESENTERS/PREPARERS: Greg Steed P.E., Civil Engineer/Merrick & Company Monica Kopf, Project Manager/Town of Fraser REQUESTED ACTON: Approval of Resolution 2023-01-04 allowing the Town Manager to enter into contract with Conroy Excavating Inc. to complete the Fraser Sanitary Sewer Upgrade Project. SUMMARY AND BACKGROUND OF PROJECT: Fraser Sanitary Sewer Upgrade Project • Installation of approximately 950 feet of 12" PVC gravity sewer main • Service tap reconnections • Bored crossing of Union Pacific Railroad • Seven (7) new precast sewer manholes • Existing sewer manhole removal, and abandonment in place of manholes and piping • Asphalt removal and replacement • Concrete - paving, cross pans, curb/gutter, and sidewalk - removal and replacement • Traffic Control • Bypass pumping and piping as required • Site Restoration as required 2023 Town Budget: • TOTAL Budget: $2,500,000 • CONSTRUCTION Budget: bid ($1,880,354) +15% =$2,162,400 COST COMPARISON / BID RESULTS: • OPCC (Opinion of Probable Construction Cost): $1,832,899 • Conroy: $1,828,569 and with additions: $1,880,354 • American West Construction, LLC: $2,147,235 and with additions: $2,169,635 • BT Construction: $2,209,869 and with additions: $2,390,124 Ia " P � tl V^, A, ry 84:)2.x,1 drvq�Ad„ � � N ai'"0 ^,ai' � N 'N tl1 P� .N Pr1 °.�u� u �l 'N NN� IN V A �i� ry '� ,v �i�.i PROJECT BID SCHEDULE: This was a 33 -day period (post to bid). Bid Entered into BidNet: Oct 28, 2022 Virtual Mandatory Pre -Bid Meeting: Nov 9, 2022 Attendees: • American West Construction • Dig Deep Colorado • Mike Coleman Construction • BT Construction • Btrenchless Construction • Conroy Deadline for Questions: Nov 17, 2022 Bid Closed: Nov 30, 2022 Additional notes: • ConstructConnect also hosted the bid documents for member access (in addition to Bidnet) • Plan rooms throughout the state utilize BidNet to make plans available to their members/vendors • Solicited for interest directly to: Mountain Madness Excavators, Essential Contractors, Conroy, CGRS, Gleeson, United Co's, T. Lowell Const., Velocity Constructors, Garney, Filanc, Metro Pavers, New West Paving, Western Gravel, Taylor Excavating, Hydro Construction/Hensel Phelps PROJECT SCHEDULE: Notice of Award: January 5, 2023 Contracting: January 2023 (bids expire January 29, 2023) Start date: TBD — construction season 2023, no sooner than April 15 End date: 80 days after start; no later than Oct 15, 2023 ALTERNATIVES: • Discard and re -publish bid: a. Risk of cost increases above current funding capacity b. Risk of contractor bidders disinterest in re -bid, resulting in poor competition or no bidder responses • Determine lowest bidder is not qualified and move to negotiate with 2nd lowest bidder — due diligence by Merrick and Staff indicates no disqualification factors STAFF RECOMMENDATION: Motion to approve Resolution 2023-01-03 authorizing the Town Manager to enter into contract with Conroy Excavating Inc. to complete the Fraser Sanitary Sewer Upgrade Project and use 2023 capital project funds totaling $2,162,400 toward the construction of the Fraser Sanitary Sewer Upgrade Project. Total funds equal construction contract amount plus 15% contingency toward construction change orders, a full accounting of which shall be reported to the Board. .town cull"' V:-Fr.zuser ll ( ) Bal< 37(:)., d , Fr-z.!V; r,(; o 84)11-1:,2. o ffi.:"e"W (,)-,+ ?kr 5 b :q fr , ° 7(0 I.. . u5u,L.., ATTACHMENTS BELOW: A: Bid Comparison B: Satellite overview of Project ),+vi,, N roi Attachment A: Bid Comparison Code 2022 - Fraser Sewer Upgrade Bid Results : December 1, 2022 Description Quantity Unit s American West Construction, LLC Unit Pric e Total Cost BT Construction Unit Price Total Cost Conroy Exca vating Inc. Unit Price T otal Cost 1 Mo bilizatio n (Max 5% of T otal Bid Am ount) 1 LS 1 Lump -Sum $ 100,000 $ 100,000 $ 80,935 $ 80,935 $ 88,298 $ 88,298 2 Sediment and Ero sion Control 1 LS 1 Lump -Sum $ 25,000 $ 25,000 $ 17,685 $ 17,685 $ 13,100 $ 13,100 3 Traffic Control 1 LS 1 Lump -Sum $ 160,000 $ 160,000 $ 139,385 $ 139,385 $ 73 ,151 $ 73,151 4 Construction Dewatering 20 Days 20 Calendar Day $ 2,000 $ 40,000 $ 7935 $ 158,700 $ 3,600 $ 72,000 5 12" Sanitary Sewer Pipe 950 LF 950 Linear Foot/Feet $ 575 $ 546,250 $ 615 $ 584,250 $ 398 $ 378,100 6 Trench Stabilization 835 LF 835 Linear Foot/Feet $ 43 $ 35,905 $ 70 $ 58,450 $ 20 $ 16,700 7 Sanitary Sewer Serv ice Reconnections 9 EA 9 Each $ 6,800 $ 61,200 $ 15,320 $ 137,880 $ 9,996 $ 89,964 8 6 -ft Precast Concrete Manhole 1 EA 1 Each $ 48,000 $ 48,000 $ 19 ,330 $ 19,330 $ 36 ,900 $ 36,900 9 4 -ft Precast Concrete Manho le 6 EA 6 Each $ 18,000 $ 108,000 $ 15,460 $ 92,760 $ 20,778 $ 124,668 10 Bypass Pumping & Piping 1 LS 1 Lump -Sum $ 35,000 $ 35,000 S 250,100 $ 250,100 $ 233,260 $ 233,260 11 Railroad Utility Bore and Casing Installation 100 LF 110 Linear Foot/Feet $ 5,850 $ 643,500 $ 4 ,156 $ 415,606 $ 4,304 $ 473,400 12 Railroad Ground/Track Deflection Mo nitoring 10 Days 8 Calendar Day $ 4,700 $ 37,600 $ 3,433 $ 34,328 $ 9,676 $ 77,408 13 Asphalt Paving Replacement 380 SY 380 Square Yard S 225 $ 85,500 $ 200 $ 76,000 $ 126 $ 44,880 14 Co ncrete Curb and Gutter Replacement 32 LF 32 Linear Fo ot/Feet $ 130 $ 4,160 $ 160 $ 5,120 $ 320 $ 10,240 15 Concrete Flatwork Replacement 2800 SF 2800 Square Yard $ 45 $ 126,000 $ 30 $ 84,000 $ 20 $ 56,000 16 Protectio n and Resto ratio n 1 LS 1 Lump -Sum $ 27,000 $ 27,000 $ 40,340 $ 40,340 $ 22,460 $ 22,460 17 Material Escalation ALLOWANCE 1 Lump -Sum $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 18 Railroad Flagging 8 Days $ 6,140 $ 49,120 NR $ 6,890 $ 55,120 TOTAL $ 2,147,235 $ 2,209,869 $ 1,828,569 BID ALTERN ATES Al Water Main Crossing -Sewer Below Water 2 Each $ 8,800 $ 17,600 $ 69,150 $ 138,300 $ 20,062 $ 40,124 A2 Water M ain Crossing - Sewer Above Water 1 Each $ 8,800 $ 8,800 $ 49 ,135 $ 49,135 $ 20,061 $ 20,061 A3 Deduct: Eliminate Concrete Collars at Manholes 1 Lump -Sum S (4,000) $ (4,000) $ (7 ,180) $ (7,180) $ (8,400) $ (8,400) Bid Proposal & Seal TOTAL $ 22,400 $ 180,255 $ 51,785 Yes. Yes. Yes. Acknowledge Addendum 1&2 Yes Yes , Ye s 5% Bid Bond Included/Notarized Yes Yes . Yes Qualifications Yes Yes Yes • EXISTING UNDER -CAPACITY SEWER MA IN PROPOSED REPLACEM ENT SEWER MA IN ❑❑ 09 MERRICK° 00 0 TOWN OF FRASER SANITARY SEWER UPGRADE PROJECT DATE 1/4/2023 SHEET SANITARY SE WER MAIN UPGRADES TOWN OF FRASER, COLOR ADO FOR REFEREN salloy FRASER ISP •EFSTN 1 OP 18 • 30 BLOCH_ ENSION DESORPTION Know what's belo w. Call before you dig. ACCEPTED BY N 12241/1)56 ENT ERS PIPE _T -M - OD BE ABSPISDNEDI FRASER 1ST • EAST. la 1(RLPGH L N LOT ET ISM BM \ RE9S �ANR SANRAPY SEESPE TO NE W SEE DETAILS -1 -4 , SE WER .NN \ FELD /E IS SEE LA FIELDS/ERIE) NN SING J"r SAMARA SERVICEI2261OlG2 E 291.95 RECONNECT EXISTING SANITARY SER NCE DETAIL A, LOT NON TFRASER 1ST FIELD VERIFY LOCABION EASTO/A 1ST LOT HINE. STA BNE.11.5— ❑❑ °❑❑ MERRICI' ❑❑❑ STA RNA. it BLOC, TANG THAT PART OFLOT NINE RRERTJA;NHNI,IES EAAP GENERAL LBNE LOTS PUUGH II F OR GS PUP .F.,, SE O. - N. T:PlITNZ'STE UP''' LET. • 33 BLS. 7 • RECONNECT EXISTING (I i a—RECONNEET \ PARTTO NEVI r. SANITARY SERVICE CEiON. E 45TNG l BO NE'S, SE WER MAIN SEE DETAILS, , SEE DETAIL A -IA Ea •. - ! r R 1 .E LOCATION TA 11r69.P.9 " i pN OuKED LM1P n ,. .4llr, \� ..1.2" ... LO TIN S. 1o.. L. N SITE PLAN LOT El • a PLO. PTA OF LOTS a R MALL LOT BEES --_ __SAMPA N MANHOLE1 U[1I aaa 311'1 INV=3558.99' a P VC OUT (N) INV= 8558.]6' 8 'P 8 65420462-03 OCTOBER 2022 P01 MEMO TO: FROM: DATE: SUBJECT: COLORADO �um°'il a ppu m ipi Mayor Vandernail and the Board of Trustees Ed Cannon, Town Manager January 4, 2023 Victoria Village Special Council Engagement MATTER BEFORE BOARD: Authorize Town Manager to engage special council for Victoria Village legal work. DETAIL: Fraser Town Board authorized the Town Manager to develop and sign a contract with Mountain Affordable Housing Development (MAHD) to develop Victoria Village (VV). A sample contract was circulated between MADH and the Town, and the contract was reviewed by Fraser Town Attorney Kent Whitmer. However, due to the nature and scope of the Victoria Village development, the Town Manager believes engaging special council for the various phases of the VV development would be beneficial. Staff has reached out to three legal firms with extensive affordable housing development experience. We have received one proposal and expect the remaining two proposals by January 6th The scope of work will include 1) writing the general services agreement contract with MAHD, 2) writing contracts for all phases of construction, 3) legal review as needed. FINANCIAL IMPACTS: Fraser will pay attorney fees regardless of whether we use the Town Attorney or special council. Kent Whitmer's fee beginning in January of 2023 is $275/hour. The first proposal we received was for $300/hour. We expect the remaining proposals to be in the same price range. TIMING AND RECOMMENDATION: Due to the short timeline imposed by the Turnkey Grant and the need to begin Master Planning in January, the Town Manager needs immediate authorization to engage special council for the development of Victoria Village at a price not to exceed $300/hour. 1)l D IS T |C tti c / G \ !TAT : F s IndustCalSa phnfand Flo onlonn Project 2022 7 rgeC>!1! .1768 TopazDrive Loveland, Colorado 80.537 F l�onm 970-619-82.16 do Ve A direct 2 Dirge Cf m Winter Park Ranch, Grand County Water & Sanitation District #1 and Town of Fraser Industrial Sampling and Flow Monitoring Project 2022 Thank you for the opportunity to provide this report for the Winter Park Ranch, Grand County Water & Sanitation District and Town of Fraser regarding industrial contributions to the wastewater treatment facility, specifically from breweries and distilleries within the Grand County WSD and Town of Fraser service areas. A site visit was completed on September 8, 2022 by Direct Discharge Consulting (DDC) staff to visit the areas to be sampled and flow monitored, as well as to determine the best places to install flow monitors and samplers to provide the most accurate data for this project. The goal of the project was to determine if illicit discharge was occurring from any of the eight breweries and/or distilleries within the service areas of Grand County WSD and/or Town of Fraser. It was determined early in the project approach that the most economical way to determine the base loading from each of the eight breweries/distilleries would be to install flow monitoring devices along with portable samplers to determine which user(s) is contributing excessive loading to the wastewater treatment facility. In order to keep this initial phase to an economical cost, the Town of Fraser agreed to analyze the samples collected for Chemical Oxygen Demand (COD). COD is a quick test to determine strength of wastewater and can be correlated to Biochemical Oxygen Demand (BOD). The duration of this project consisted of five weeks, sampling and flow monitoring at two manholes per week for seven days. Within the five -week project, flow monitoring and sampling was conducted at each of the eight industrial users as well as flow monitoring of one location in a manhole outside of a gas station in Fraser that is potentially the manhole where a brewer is discharging or physically brewing. Each manhole nearest to the industrial user sewer service line had an area velocity flow meter installed within the main line to collect the flows from the industrial user. These flow monitors were programmed to collect flow rates every 15 minutes, in gallons per minute (GPM) and provide a total daily flow in gallons. Additionally, a portable sampler was installed in each of the manholes nearest the industrial user service line to collect samples every one (1) hour for 24 hours. This sampler was removed daily, the sample was mixed and an aliquot of the composite sample was taken to the Town of Fraser wastewater treatment plant to be analyzed for COD. This was completed for seven consecutive days at each location. After the seven days, DDC staff removed the flow monitors, downloaded the flows, removed the samplers and reprogrammed for the next manhole location. The following data is a compilation of each of the industrial users sampled and flow monitored to assist the District and Town with determining the next course of action to limit the loading from the industrial users to the wastewater treatment facility. Within the graphs, an orange line on the COD graphs is present to reflect the average influent COD concentration from 2021 to present based on data provided by the Town of Fraser wastewater treatment facility operations staff. This orange line should be viewed as a baseline COD concentration when reviewing the attached report. Winter Park Ranch, Grand County WSD and Town of Fraser Industrial Sampling/Flow Monitoring Project Hideaway Park Brewery: Hideaway Park Brewery is a brewery that is located within a building with several other businesses, therefor, the flow data collected is a combination of other businesses in addition to other buildings that may be on the main line where the data collection manhole is located. In this case, the manhole where flows and samples were collected is in the back alley of the brewery, which is very representative for the data collection process. As shown in the table below, the Hideaway Park Brewery is open daily from 12p to 9p and has an average flow rate of 1,502.95 gallons or 1.04 gallons per minute. Please note that this location was the first sampling location completed for this project and the COD test vials had a maximum range of 1,500 mg/L. The first two samples on 10/20 and 10/21 were actually reported as greater than 1,500 mg/L of COD. The Town of Fraser wastewater treatment plant that was conducting the analysis purchased different test vials with a higher range for the following samples. It can be assumed that the flow rates from Friday through Sunday are due to weekend business as they are higher than the flows during the weekdays by a factor of approximately 1,000 gallons per day. The COD concentrations for Friday are elevated, however, the Saturday and Sunday COD values are lower, likely due to dilution from general sewer usage from patrons visiting the brewery. As seen in the graphs provided, the flow is very much diurnal and typical for industrial users with the operating hours provided. Based on flow rates for Monday through Wednesday, it is possible that the brewery is producing beer during the weekdays and cleaning vessels as it is expected that the brewery would refrain from producing/cleaning on weekends with increased patrons visiting the brewery. The Billing Department indicated that the usage for the building where Hideaway Park Brewery is located was 3,000 gallons for the month of October. This equates to approximately 96.77 gallons per day or 0.067 gallons per minute indicating the flow data is indicative of other contributions. Hideaway Park Brewery Open / Closed: Hours: Date of Sampling & Flow Monitoring: Total Flow, Gals Avg. Daily Flow, gpm COD, mg/L Open 12p - 9p Thursday 10/20/2022 1500 Open 12p - 9p Friday 10/21/2022 2375.66 1.65 1500 Open 12p - 9p Saturday 10/22/2022 2768.47 1.92 720 Open 12p - 9p Sunday 10/23/2022 1319.39 0.92 513 Open 12p - 9p Monday 10/24/2022 751.52 0.52 1270 Open 12p - 9p Tuesday 10/25/2022 734.33 0.51 851 Open 12p - 9p Wednesday 10/26/2022 1068.33 0.74 1346 Total Flow, Gals: 9,017.70 Average Total Daily Flow, Gals: 1,502.95 Average Daily Flow, GPM: 1.04 Average COD Concentration, mg/L: 1,100 Winter Park Ranch, Grand County WSD and Town of Fraser Industrial Sampling/Flow Monitoring Project Winter Park Ranch, Grand County WSD and To wn of Fraser Industrial Sampling/Flo w Monitoring Project ,11111111111 illy n COD Concentratio n, rng/V N 4, U1 00 0 N 4=, 01 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ao °xu rD rD 0 2 CIO Resolution) 10/20/2 .02.2. 12:45 10/20/2022 16:30 10/20/2022 20::15 10/21/2022 0:00 10/21/2022 3:45 10/21/2022 7:30 10/21/2022 11:15 10/21/2022 15:00 10/21/2022 18:4.. 10/21/2022 22:30 10/22/2022 2.15 10/22/2022 6:00 10/22/202 .2 9:45 10/22/202213:30 10/22/2022 17:15 10/22/2.02 .2. 21:00 10/23/2022 0:45 10/23/2.022 4:30 10/23/2022 8:15 10/23/2022 12:00 10/23/2.02 .2. 15:45 10/23/2022 19:30 10/23/2022 23.:1.5 10/24/2 .02.2. 3:00 10/24/2022 6:45 10/24/2022 10:30 10/24/2022 1415 10/24/2022 18:00 10/24/2022 21:45 10/25/2022 130 10/25/2022 5:1 10/25/2022 9:00 10/25/'2022 1.2:4 10/25/2022 16:30 10/25/202220:15 10/26/2022 0':00 10/26/2022 3:45 10/26/2022. 71:30 10/26/2022 11:15 10/26/2022. 15:00 10/26/2022 18:45 10/26/2022 2 .230 10/27/2022 2:15 10/27/2022 6:0C 10/27/2022 9:4 GPM 0 I--, N Ua 4` 01 01 —I CO 0) 0 rD sw 3 Peak Brewery (Noble Buck): Peak Brewery, or Noble Buck, is another brewery that is located within a large building with several other businesses, therefor, the flow data collected is a combination of other businesses in addition to other buildings that may be on the main line where the data collection manhole is located. In this case, the manhole where flows and samples were collected is just downstream from the brewery. As shown in the table below, Peak Brewery is open Thursday through Monday, and closed Tuesday and Wednesday. The average flow rate per day was 2,152.55 or 1.49 gallons per minute. The graphs illustrating flows and COD are indicative of a typical diurnal pattern, however, it should be noted that the highest flow date corresponds with the highest COD analysis, which is on Monday, just before the brewery is closed for two days. This may be an indication that brewery waste is being discharged on Mondays prior to the brewery being closed for two days. The Billing Department indicated that the usage for the building where Peak Brewery is located was 40,000 gallons for the month of October. This equates to approximately 1,290.32 gallons per day or 0.896 gallons per minute. Based on the flow data, these numbers from billing are similar to what was discovered. Peak Brewery (Noble Buck) Open / Closed: Hours: Date of Sampling & Flow Monitoring: Total Flow Gals Avg. Daily Flow, gpm COD, mg/L Open 12p - 9p Thursday 10/20/2022 893 Open 12p - 9p Friday 10/21/2022 4951.66 3.44 740 Open 12p - 9p Saturday 10/22/2022 1312.82 0.91 1109 Open 12p - 9p Sunday 10/23/2022 686.06 0.48 550 Open 12p - 9p Monday 10/24/2022 5013.22 3.48 1500 Closed Tuesday 10/25/2022 675.6 0.47 1340 Closed Wednesday 10/26/2022 275.93 0.19 Total Flow, Gals: 12,915.29 Average Total Daily Flow, Gals: 2,152.55 Average Daily Flow, GPM: 1.49 Average COD Concentration, mg/L: 1,022 Winter Park Ranch, Grand County WSD and Town of Fraser Industrial Sampling/Flow Monitoring Project Winter Park Ranch, Grand County WSD and To wn of Fraser Industrial Sampling/Flow Monitoring Project 0 n n rn 0 IN? 0 COD Concentration, mg/I... 0 0 0 0 <:::7 0 0 0 0 0 0 0 0 0 0 0 0 10/20/20229:45 10/20/2022 1315 10/20/2022 16:45 1.0/20/2.02.2. 20:1.5 10/20/2022 23:45 10/2 ..1 ./2022 . 3:15 :10/21/2022 6:45 10/21/2022 1(115 10/2.1/2022 13:45 :10/21/2022 1 T1.5 1 .0/21/2.02.2 20:45 1 .0/22/2022 0:15 10/22/2022.3:45 10/22/2022 7:11 10/2.2/2022 10:4 10/22/2022. 14:1.5 10/22/2.02.2 . 17:45 0.2 10/22/2022 21:1 .5 rD 10/2:3/2022 0:45 43) ft) 10/23/2022 4::1. 10/23/2.02.2.7:45 :10/23/2022 11:1 ..5 1 .0/23/2022 1.4:45 10/23/2022 18:1.5 10/2 .3/2022 21:45 1.0/24/2022 :11.5 10/24/2022 4:45 1 .0/24/2022.8:15 10/24/2022 11:45 10/24/2022 1.515 :10/24/2 .022. 18:45 10/24/2022 22.:1. 10/2 .5/2022 1:45 :10/2.!:x/2022. 5:1. 10/25/202.2. 8:45 10/2.!5/2022 12:1.5 10/25/2022 1 .5:45 10/25/2022 19:1 . 10/2.5/2022 22:45 1 .0/2.6/2022 2:15 10/26/2022 5:45 1.0/26/202.2.9:15 1.0/26/1022 12:45 10/26/2022 16:1 .5 10/26/2022 19:45 10/26/2022 23:15 10/27/2022 2:45 :10/27/2022 6:::1.5 0 GP M 0 U1 NJ '' *y NJ (h) 0 U"I 0 0) 0n 3 Vicious Cycle Brewery: Vicious Cycle Brewery is a brewery that is fairly new and the sewer service line enters the collection system within the manhole, therefor sampling was conducted of only the service line and flow monitoring was conducted of only the flow from the brewery. This is the best -case scenario for both sampling and flow monitoring. As shown in the table below, Vicious Cycle Brewery is open daily from 12p to 9p with an average daily flow rate of 338.81 gallons or 0.24 gallons per minute. The graphs illustrating the flows are as expected since the flow monitoring equipment was able to be used for only the discharge from Vicious Cycle Brewery. The COD concentrations are missing a few data points due to issues within the laboratory with the samples. For the COD data points that were reported, they are extremely high, indicating the discharge from Vicious Cycle is of concern. Similar to other breweries analyzed for this project, it is possible that the brewery is producing beer and/or cleaning vessels on Monday's when fewer patrons are visiting the establishment. The Billing Department indicated that the water usage for Vicious Cycle Brewery was estimated at 400 gallons per day, or 0.277 gallons per minute. The flow data collected for this project almost exactly correlates to the billing department in the case. Vicious Cycle Brewery Open / Closed: Hours: Date of Sampling & Flow Monitoring: Total Flow, Gals Avg. Daily Flow, gpm COD, mg/L Open 12p - 9p Thursday 10/27/2022 Open 12p - 9p Friday 10/28/2022 232.49 0.16 3460 Open 12p - 9p Saturday 10/29/2022 832.23 0.58 Open 12p - 9p Sunday 10/30/2022 412.15 0.29 2440 Open 12p - 9p Monday 10/31/2022 186.26 0.13 13230 Open 12p - 9p Tuesday 11/1/2022 30.91 0.02 Open 12p - 9p Wednesday 11/2/2022 Total Flow, Gals: 1,694.04 Average Total Daily Flow, Gals: 338.81 Average Daily Flow, GPM: 0.24 Average COD Concentration, mg/L: 6,377 Winter Park Ranch, Grand County WSD and Town of Fraser Industrial Sampling/Flow Monitoring Project Winter Park Ranch, Grand County WSD and To wn of Fraser Industrial Sampling/Flow Monitoring Project h 0 COD Concent: tion, rr g/1... CP1 00 C N . 0 0 0 0) C) U C) C) 0 C) 0) C) U C) 0) 0) 0) U CC 0 .) 0) CD Resolution 10/27/2022 1.1:4 10/2 .7/2022 14:45 10/27/2022 17:45 10/27/2022 20:45 10/2.7/2022 23:45 10/28/2022 2:4.5 10/28/2022 5:45 10/28/2022 8:45 10/28/2.02.2 11:45 10/28/2022 14:45 10/28/2022 17:45 10/28/202.2. 20:45 10/28/2022 2.3:45 10/29/2022 2:45 10/29/2022 5:45 10/29/2022 8:45 10/29/2022 11:45 10/29/2022 14:45 10/29/2022 17:45 10/29/2 .02.2. 20:45 10/29/2022 23:4.5 10/30/2022 2:45 10/30/2022 5:45 10/30/2022 8:45 10/30/2022 11:45 '10/30/2022 14:45 10/30/202.2. 17:45 10/30/202 .2 . 20:45 10/30/2022 23:45 10/31/2022 2:45 10/31/2.022 5:45 10/31/2022 8:45 10/31/2022 11:45 10/31/2022 14:45 10/31/2 .02.2.17:45 10/31/2022 20:45 10/31/2022 23:45 11/1/2022 2:45 11/1/2022 5:45 11/1/2022 8:45 11/1/2022 11:45 11/1/2022 14:45 11/1/2.022 . 17:45 11/1/2022 20:45 11/1/2022 23:45 x. 1/2/2.022. 2:45 11/2/2022 5:45 11/2/2022 8:45 GPIVI CD Lri CD CJb clo 00 rD 0 JUi 041 Crg Big Trout Brewery: Big Trout Brewery is another brewery that is located within a large building with several other businesses, therefor, the flow data collected is a combination of other businesses in addition to other buildings that may be on the main line where the data collection manhole is located. As shown in the table below, the flow data shows high average daily flows of 21,635.87 gallons or 15.02 gallons per minute. Due to the location of the Big Trout Brewery, the flow data was only able to be collected from the main line where several buildings are discharging. The graphs illustrate that flows from this area within the collection system have typical diurnal patterns, however, the flows from Big Trout Brewery are likely diluted which is why the COD values are lower than expected. It is also possible that Big Trout Brewery does not discharge excessive amounts of process wastewater to the collection system. The elevated COD result on Friday could be attributed to several scenario's including, but not limited to brewery discharge, restaurant usage and discharge and general increase in population and production of all food service establishments within the area that discharge to the collection system. The Billing Department indicated that the usage for the building where Big Trout Brewery is located was 16,000 gallons for the month of October. This equates to approximately 516.13 gallons per day or 0.358 gallons per minute. Based on the flow data, these numbers are very different from what was reported by the billing department, therefor, further data is needed to quantify the loading from Big Trout Brewery. Big Trout Brewery Open / Closed: Hours: Date of Sampling & Flow Monitoring: Total Flow, Gals Avg. Daily Flow, gpm COD, mg/L Open 11:30a - 9p Thursday 10/27/2022 225 Open 11:30a - 9p Friday 10/28/2022 18626.1 12.93 1120 Open 11:30a - 9p Saturday 10/29/2022 23910.1 16.60 520 Open 11:30a - 9p Sunday 10/30/2022 25019.74 17.37 190 Open 11:30a - 9p Monday 10/31/2022 21614.2 15.01 220 Closed Tuesday 11/1/2022 19009.19 13.20 500 Closed Wednesday 11/2/2022 Total Flow, Gals: 108,179.33 Average Total Daily Flow, Gals: 21,635.87 Average Daily Flow, GPM: 15.02 Average COD Concentration, mg/L: 463 Winter Park Ranch, Grand County WSD and Town of Fraser Industrial Sampling/Flow Monitoring Project Winter Park Ranch, Grand County WSD and To wn of Fraser Industrial Sampling/Flo w Monitoring Project 0 r 6 m., COD Concentration, mg/1... C) N j:aCr, (X7 0 N 0 0 0 0 00 0 0 0 0 0 0 0 (0 rn Resolution 10/27/2022 15:00 10/27/2022 18:00 10/27/2022 21:00 10/28/2022 0:00 10/28/2022 3:00 10/2.8/2022 6:00 10/28/2022 9:00 10/28/2022 12:00 10/28/2022 15:00 10/28/2022 18:00 10/28/2022 . 21:00 10/29/2022 0:00 10/29/2022 3:00 10/29/2022 6:00 10/29/2022 9:00 10/29/2022 12:00 10/29/2022 15:00 10/29/2022. 1.8:00 10/29/2.022.21:00 10/30/2022 0:00 10/30/2022 3:00 10/30/20226:00 KiD 10/30/2022. 9:00 )/202 .2 . 1.2:00 10/30/2022 15:00 10/30/2022 18:00 10/30/2022 21:00 10/31/2022 0:00 10/31/2022 .3:00 10/31/2022 6:00 10/31/2022 9:00 1 .0/31/2022 12.:00 10/31/2022 15:00 10/31/2022 18:00 10/31/2022 21:00 11/1/2022 0:00 11/1/2.022'3:00 11/1/2022 6:00 11/1/2022 9:00 11/1/2022 12.:00 11/1/2022 15:00 11/1/2022 18:00 /1/2022 2 .1:00 11/2/2022 0:00 11/2/2022 3:00 11/2/2022 6:00 11/2/2022 9:00 GPM N N U..1 W 0 1, T1 0 LT 0 U1 0 u-i 0 Lr 0 c (73 0 JW Idlewild Distillery: Idlewild Distillery is a distillery that is located within a large building with several other businesses, therefor, the flow data collected is a combination of other businesses in addition to other buildings that may be on the main line where the data collection manhole is located. In this case, the manhole identified for sample collection had a 3 -inch service line from the distillery only. To collect samples only from the Idlewild service line, a small catch pan was installed under the 3 -inch pipe and samples were collected from this catch pan. For the flow monitoring, the best solution to determine Idlewild flow was to monitor the flows upstream and downstream from the sampling manhole and subtract the totals in order to determine an estimated flow rate from Idlewild. As shown in the table below, Idlewild Distillery is open Wednesday through Sunday, and closed Monday and Tuesday. The average flow rate per day was 627.26 or 7.07 gallons per minute. The table below illustrates the calculated flow rate, which is why some data is missing as that data from installing and removing the flow meters do not exactly align, therefor, some data is lost in this process. It is clear from the table below and the graphs associated with this site that Friday is a high flow day for the Distillery, likely due to increased patrons visiting the Distillery. It is also of note that the Distillery is closed on Monday and Tuesday, however, the graphs illustrate a lower flow rate with a significant increase in COD concentration. This may be similar to other industrial users within this project that tend to have higher strength wastewater contributions on Monday, potentially due to producing product or cleaning vessels. The Billing Department indicated that the usage for the building where Idlewild Distillery is located was 41,000 gallons for the month of October. This equates to approximately 1,332.6 gallons per day or 0.92 gallons per minute. Based on the flow data, these numbers are different, however much of this discrepancy could be due to using the upstream and downstream flows to calculate the estimated flow from Idlewild Distillery. Although the flow data is somewhat difficult to analyze as it is a calculated value, the key information from the table below and the attached graphs is the COD data. The COD data was collected from the Idlewild Distillery service line pipe, with no other contributions. An average COD concentration of 1,015 mg/L is elevated and this is with dilution as an Idlewild employee provided a brief tour prior to the project where dilution was observed. Winter Park Ranch, Grand County WSD and Town of Fraser Industrial Sampling/Flow Monitoring Project Idlewild Distillery Open / Closed: Hours: Date of Sampling & Flow Monitoring: Total Flow, Gals Avg. Daily Flow, gpm COD, mg/L Open 5p - 10p Wednesday 11/2/2022 740 Open 5p - 10p Thursday 11/3/2022 680 Open 5p - 10p Friday 11/4/2022 2365.22 24.63 1160 Open 5p - 10p Saturday 11/5/2022 388.29 5.04 560 Open 5p - 10p Sunday 11/6/2022 179.47 2.22 470 Closed Monday 11/7/2022 327.34 3.60 1540 Closed Tuesday 11/8/2022 348.8 3.67 1550 Open 5p - 10p Wednesday 11/9/2022 154.44 3.28 1420 Open 5p - 10p Thursday 11/10/2022 Total Flow, Gals: 3,763.56 Average Total Daily Flow, Gals: 627.26 Average Daily Flow, GPM: 7.07 Average COD Concentration, mg/L: 1,015 Direct Olsc Consulting, Winter Park Ranch, Grand County WSD and Town of Fraser Industrial Sampling/Flow Monitoring Project Winter Park Ranch, Grand County WSD and To wn of Fraser Industrial Sampling/Flow Monitoring Project IIIIIIII ' � � 11�� n 0 17,7 Ell m COD Concentration, rng/... n .) U"I 0 0 0 0 0 0 0 0 0 Res olution 11/3/2022 2.3:00 :1:1/4/2022 1:30 11/4/2022 4:00 11/4/2022 6:30 11/4/2022 9:00 11/4/2022 11:30 11/4/2022 14:00 11/4/2022 16:30 11/4/2 .02 .2. 19:00 11/4/2022 21:30 11/5/2022 0:00 11/5/2022 2:30 11/5/2022.5:00 11/5/2022 9:15 11/5/2022 13:15 11/5/2022 16:15 11/5/2022 19:00 11/5/2022 21:30 11/6/2022 1:30 11/6/2022 4:00 11/6/2022 6:30 11/6/202 .2 9:15 11/6/202212:30 11/6/2022 15:45 11/6/2022 18:15 11/6/2022 21:15 11/7/2022 0:30 11/7/2022.3:00 11/7/2022 5:30 11/7/2022 8:00 11/2/2022 10:45 11/7/2022 1.3:15 11/7/2022 16:00 11/7/2022 19:00 11/7/2022 21:45 11/8/2022 0:15 11/8/2022 2:45 11/8/202 .2 . 5:15 11/8/2022 7:45 11/8/2022 10:15 11/8/2022 12:45 11/8/2022 15:30 11/8/2022 18:00 11/8/2022 20:30 11/8/2022 2 .3:00 11/9/2022 1:30 11/9/2022 4:00 11/9/2022 6:30 11/9/2022 9:15 11/0/2022 18:45 G P MI N N N N u .' C .g:... .g:::• 0 u" i 0 u" i 0 0 cu to SID iCrg 2 Winter Park Ranch, Grand County WSD and To wn of Fraser Industrial Sampling/Flow Monitoring Project a:r 2 Resolution 11/3/2022 23:00 11/4/2022 1:30 11/4/2022 4:00 11/4/2022 6:30 11/4/2022 9:00 11/4/2022 11:30 11/4/2.02. 2. 14:00 11/4/2022 16:30 11/4/2022 19:00 11/4/2022 21:30 11/5/2022 0:00 11/5/2022 2:30 11/5/2022 5:00 11/5/2022 9..15 11/5/2022 13:15 11/5/2022. 16:15 11/5/2022 19:00 11/5/2.022 21:30 11/6/2022 1:30 11/6/2022 4:00 11/6/2022 6:30 11/6/2.02.2 9:15 11/6/2022 12:30 11/6/2022 15:45 11/6/2022 18:15 11/6/2022 21:15 11/7/2022 0:30 11/7/2022 3:00 11/7/2022 5:30 11/7/2022 8:00 11/7/2022. .1.0:45 11/7/2022 13:15 11/7/2022 16:00 11/7/2022 19:00 11/7/2022 21:45 11/8/2022 0:15 11/8/2022 2:45 11/8/2.02. 2 5:1.5 11/8/2022 7:45 11/8/2022 10:15 11/8/2022 12:45 11/8/2022 15:30 11/8/2022 18:00 11/8/2022 20:30 11/8/2022 23:00 11/9/2022 1:30 11/9/2022 4:00 11/9/2022 6:30 11/9/2022 9:15 11/9/2022 18:45 GPIM C) 01 G C. n CJ U9 co G Resolution 11./3/2022 23:00 1:1./4/2022 1:30 11/4/2022 4:00 11/4/2022 6:30 11/4/20229:00 11/4/2022 11:30 1.1./4/2.1)2.2..14:00 11/4/2022 16:30 11/4/2022 19:00 11/4/2022 21:30 11/5/202.2 0:00 11/5/2022 2:30 11/5/2022 5:00 11/5/20229:15 11/5/2022 :13:1 11/5/2022 :16:15 11/5/2022 19:00 11/5/2022 21:30 1.1/6/2022 1:30 11/6/2022 4:00 11/6/2022 6:30 11/6/202 .2.9:15 . 11/6/2022 12:30 11/6/2022.15:45 Ku 11/6/2022 18:15 1,5 11/6/202 .2 . 2.1:15 ru 11/7/2022 0:30 11/7/2022 3:00 11/7/2022 5:30 11/7/2022 8:00 11/7/2022 10:45 11/7/2022 :13:15 11/7/2022 :16:00 11/7/2022 19:00 11/7/2022 21:45 11/8/2022 0:15 11/8/2022 2.:45 11/8/20227:15 11/8/2022 7:45 11/8/2022 10:15 11/8/202.2. 12:45 11/8/2022 15:30 11/8/2022 '18:00 11/8/2022 20:30 11/8/2022 23:00 11/9/2022 1:30 11/9/2022 4:00 11./9/20226:30 11/9/2022 9:15 11/9/2022.:18:4.5 h.A G P MI G G G G U. 0 0 0� 3 S 5 Camber Brewing / Fraser River Beer Company: Camber Brewing and Fraser River Beer Company were two breweries that we very difficult to collect flow and loading data from due to the configuration of the service lines, the unknowns of the direction of flow, and the location of the main line in Highway 40. After conversation with the Town of Fraser, it was determined that the most appropriate sampling and flow monitoring locations would provide flows and loadings data from both Camber Brewing and Fraser River Beer Company, as well as provide the upstream flow data that would be needed to quantify the flow to Fraser Distillery. As shown in the table below, Camber Brewing and Fraser River Beer Company are open daily, with times of operation varying an hour or so. The flow totals are not representative of Camber Brewing and Fraser River Beer Company as there were simply too many other unknowns within the section of collection system to quantify only the two industrial contributions in question. It was noted after completion of the project that the Camber Brewery was possibly operating out of the Car Wash located at the Shell Gas Station near Fraser River Beer Company, therefor the flow data collected is considered not representative for this section of the project. The graphs illustrating the flow data collected is of typical diurnal flow pattern as expected due to where the flow monitoring was conducted at a major collection system trunk line. The COD data is indicative of elevated levels on Wednesday, which is of concern with the amount of dilution within the sample due to all of the other contributions on this main trunk line. Further investigation of Camber Brewing and Fraser River Beer Company would be required to gain quantifiable data for projected flows and loadings. Camber Brewing / Fraser River Beer Company Open / Closed: Hours: Date of Sampling & Flow Monitoring: Total Flow, Gals Avg. Daily Flow, gpm COD, mg/L Open 12p - 9p Thursday 11/10/2022 1790 Open 12p - 9p Friday 11/11/2022 22,347.60 15.52 60 Open 12p - 9p Saturday 11/12/2022 24,702.48 17.15 2030 Open 12p - 9p Sunday 11/13/2022 27,632.88 19.19 1800 Open 12p - 9p Monday 11/14/2022 27,065.28 18.80 960 Open 12p - 9p Tuesday 11/15/2022 26,637.60 18.50 1430 Open 12p - 9p Wednesday 11/16/2022 27,382.08 19.02 4150 Open 12p - 9p Thursday 11/17/2022 Total Flow, Gals: 155,767.92 Average Total Daily Flow, Gals: 25,961.32 Average Daily Flow, GPM: 18.03 Average COD Concentration, mg/L: 1,746 Winter Park Ranch, Grand County WSD and Town of Fraser Industrial Sampling/Flow Monitoring Project COD Concentration, mg./V.. . 'NJ 0 O Winter Park Ranch, Grand County WSD and To wn of Fraser Industrial Sampling/Flo w Monitoring Project saa 3 (0 Ml� r0 r@ 0 73 Cti,D 0 0 w CD 3 rD Resolution w 11/10/2022 . 17:30 11/10/2022 21 00 11/11/2022 0:30 1.1 ./ 11/2.02.2.4:00 11/11/2022 7:30 11/11/2022 1.1.:00 11/11/2022 14:30 11/11/2022 18:00 11/11/2 .01.2 21:30 11/12/2022 1:00 11/12/2022 4:30 11/12/2022 8:00 11/12/2022.11:30 11/12/2022 1..5:00 11/12/2022 1.8:30 11/12/2022 22.:00 11/13/2022 . 1:30 11/13/2022 5:00 11/13/2022 8:30 11/13/2022 12:00 11/13/2021. 15:30 11/13/2022 1.900 11/13/2022 22:30 11/14/2022 2:00 11/14/2022 5:30 11/14/2022 9:00 11/14/2022 12:30 11/14/2022 16:00 11/14/2022 19:30 11/14/2022 23:00 11/15/2022 2:30 11/15/2022 6:00 11/15/2022 9:30 11/15/2022 1.3:00 11/15/2022 16:30 11/1.5/2022. 20:00 11/15/2022 23:30 11/16/2022 3:00 11/16/2022 6:30 :11/16/2022 10:00 11/16/2022 13:30 11/16/2022 17:00 11/16/2022 20:30 1.:.1,/ 1.r /2022 0:00 11/17/2022 3:30 11/17/2022 7:00 11/17/2022 10:30 I....a I... ..a 1/^^ Jy ha W LU 4 51 -^r CD rD r0 oo rD 0 3 4 During the project, a manhole outside of the Fraser River Beer Company in the parking lot, near the gas station was of interest to the Town of Fraser and the Direct Discharge Consulting staff on the project. During the last week of the project, a flow meter was installed at the manhole to simply check the flows for anything outside of the ordinary. When the flow data was collected, the data was concluded to be normal for the area. See the table below for data collected. After learning about the potential that Camber Brewing may be operating out of the Carwash, the flow data became much more interesting as the flows vary greatly from day to day with Wednesday being as low as 231 gallons and Sunday being elevated to almost 13,000 gallons. In conclusion, further investigation of Camber Brewing, Fraser River Beer Company, the manhole outside of the gas station and collection system mapping would be required to gain quantifiable data for projected flows and loadings. Manhole Outside Gas Station Date of Flow Monitoring: Total Flow, Gals Avg. Daily Flow, gpm Thursday 11/10/2022 Friday 11/11/2022 7,149.12 4.96 Saturday 11/12/2022 1,148.40 0.80 Sunday 11/13/2022 12,922.80 8.97 Monday 11/14/2022 11,932.80 8.29 Tuesday 11/15/2022 1,256.64 0.87 Wednesday 11/16/2022 231.53 0.16 Thursday 11/17/2022 Total Flow, Gals: 34,641.29 Avg. Total Daily Flow: 5,773.55 Avg. Daily Flow, GPM: 4.01 Winter Park Ranch, Grand County WSD and Town of Fraser Industrial Sampling/Flow Monitoring Project GPM 070000 Q 000 Winter Park Ranch, Grand County WSD and To wn of Fraser Industrial Sampling/Flo w Monitoring Project 111111111111 illy KID SlJ R. solution 11/10/2.022 1.5:30 11/10/2022 19:01 11/10/2022. 22.:30 11/11/2022 2:00 11/ .U/2022 5:30 11/11/2 .02.2. 9:00 11/11/2022 12:30 11/11/2022 16:00 11/11/2022 1.9:30 11/11/2022 23:00 11/1.2/2022 . 2:30 11/12/2022 6:00 11/12/2022 9:30 11/12/2022 13:00 11/12/202.2. 16:31 11/12/2022 20:00 11/12/202 .2 . 2.3:30 11/:L3/2.02.2 . 3:00 11/13/2022 6:3 11/13/2 .022 10:00 11/13/202213:30 11/13/2022 17:00 11/13/2022 20:31) 11/14/2022 0:00 11/144/2022 . 3.:30 11/14/2022 7:00 11/14/2022 10:30 11/14/2022 14:00 11/141/2022 17:30 11/14/2022 21:00 11/1 .5/2022 0:30 11/15/2.022 4:00 11/15/2022 . '7.:30 11/15/2022 11:0! 11/15/2 .022 141:30 11/15/2022 18:00 11/15/2022 21:30 11/16/2022 1:00 11/16/2022 4:30 1.1 ./1 .6/2022 8:00 11/16/2022. 11:30 11/16/2.(.:122. 15:00 11/16/2022 1 .8:30 11/16/2022 22:00 11/11.7/2022. 1:30 11/1 .7/2022 .5:00 11/17/2.022 8:30 Fraser Distillery: As noted with Camber Brewing and Fraser River Beer Company, the flows for Fraser Distillery were derived from the flow data collected upstream and downstream of Fraser Distillery. As shown in the table below, the average daily flow calculated for Fraser Distillery was 17,066.88 gallons or 11.85 gallons per minute. As illustrated in the attached graph, the flow is typical of diurnal flow pattern which includes additional flows from other buildings that could not be excluded from the calculated flow rate. The COD concentrations are lower than some of the other project areas, however, it is anticipated that dilution is occurring due to the flows seen within the collection system and the anticipated flow rate from the Fraser Distillery. The 1,110 mg/L COD value is of concern with the assumed volume of dilution, but could be from various sources including restaurants on the same collection system line. The Billing Department indicated that the usage for Fraser Distillery from 11/7 to 11/17/2022 was 12,000 gallons or 1,200 gallons per day. This data further suggests that dilution was evident as the average daily flow calculated was 17,066.88 gallons. Fraser Distillery Open / Closed: Hours: Date of Sampling & Flow Monitoring: Total Flow Gals Avg. Daily Flow, gpm COD, mg/L Open 3p - 8p Thursday 11/10/2022 490 Open 3p - 8p Friday 11/11/2022 16,761.60 11.64 270 Open 11a - 8p Saturday 11/12/2022 17,121.60 11.89 1110 Open 11a - 3p Sunday 11/13/2022 19,065.60 13.24 620 Closed Monday 11/14/2022 19,742.40 13.71 200 Closed Tuesday 11/15/2022 12,643.20 8.78 60 Open 3p - 8p Wednesday 11/16/2022 700 Open 3p - 8p Thursday 11/17/2022 Total Flow, Gals: 85,334.40 Average Total Daily Flow, Gals: 17,066.88 Average Daily Flow, GPM: 11.85 Average COD Concentration, mg/L: 493 Winter Park Ranch, Grand County WSD and Town of Fraser Industrial Sampling/Flow Monitoring Project Winter Park Ranch, Grand County WSD and To wn of Fraser Industrial Sampling/Flo w Monitoring Project 0 3 s rm 0 COD Concentratio n, mne/V... O', co 0 NJ C) 0 C) 0 0 0 0 C) 0 0 0 0 0 pro Ub rD CD 0 Crg Resolution 11/10/2022 19:45 11/ .10/2022 2 .2:30 11/11/2022 1:15 :1.:1./11/2022 4::00 11/11/2022 6:45 11/11/2022 9:30 11/11/2022 12:15 11/11/2022 15:00 11/11/2022 17:4.5 11/11/2022 20:30 11/11/2022 23:15 11/.12/2 .022. 2:00 11/12/2022 4:45 11/12/2022. 7:30 11/12/2022 10:15 11/12/2022 13:00 11/12/2022 15:45 11/12/2022 18:30 1.1/.12/2022 21:15 11/13/2022 2:00 11/13/2022 4:45 9 11/13/2022 7:30 ! 1 .1./13/202210:30 R! 11/13/2022 13:30 1.1./13/202216:15 11/13/2022 19:00 11/13/2022 21:45 11/14/2022 0:30 11/14/2022 3:15 11/14/2022 6:00 11/14/2022 8:45 11/.1 .4/2022. .1..1.:30 11/14/2022 14:15 11/14/2022 17:00 11/14/2022 19:45 11/14/2022 22:30 11/15/2022 1:15 11/15/2022 4:00 11/15/2022 6:45 11/15/2022 9:30 11/15/2022 13:30 11/15/202.2..16:30 11/15/2022 22:15 11/16/2022 1:00 11/16/2022. 3:45 11/16/2022 6:30 PI ,.....� ,.....'^ N N U) W 0 Ul 0 Ul 0 Ul C..:J Ul C:) Col ED r EDE 01, Eu ria� In conclusion, Direct Discharge Consulting would like to make some further recommendations not noted previously within this report. It was noted on several of the project specific locations that elevated COD concentrations were observed and reported. Flow data for several of the project locations were representative with Billing Department records, however, some flows were not quantifiable and need to be investigated further. In order to better understand and control the sources of industrial contributions, the following actions should be considered. 1. Start with reviewing the Municipal Code(s), District Rules and Regulations, etc. for Winter Park Ranch, Grand County WSD and the Town of Fraser to assure that legal authority is outlined to prohibit excessive industrial contributions. This can be done by reviewing 40 CFR Part 136 for the legal framework to implement Industrial Pretreatment provisions within the legal portion of your code or regulations. It would be best if all 3 entities had the same legal framework built into each code and/or regulations to maintain consistency with all discharges to the Town of Fraser wastewater treatment facility. 2. Once this legal framework is provided in the code, the next step would be to develop and implement Best Management Practices (BMP's). These are similar to permits that a larger municipality would use to limit industrial contributions to the wastewater facility, but without all of the factors that go into formal permitting. Essentially, a well written BMP will be a generic form that is provided to each Brewery or Distillery with guidance on how to minimize impact to the wastewater treatment process, followed by the quarterly (could be more or less frequent) sampling data provided by the industrial user to the managers of the Towns/Districts. This data would be provided to the wastewater treatment facility for process control and loading calculations. 3. Designation of a person or persons for the Town/Districts to act as pretreatment personnel to be trained on inspections. Inspections are a critical step to assuring the wastewater treatment facility and collection systems are protected from industrial contributions that may cause issue with the treatment facility operations and/or collection system, as well as worker health and safety. While completing this project, we inspected the Idlewild Distillery grease interceptor and found it to be at 100% capacity and in severe need of pumping. On another occasion, we found a collection system line almost completely plugged with grease and rocks. We removed this debris to assure flow would not be restricted, but were unable to remove whatever may have been upstream of this grease which in the future, may result in a blockage and potential sanitary sewer overflow (SSO). 4. Fats, Oil & Grease (FOG) Policy needs to be implemented into the District(s) and Town municipal code and/or Rules and Regulations, if not already. Most of the manholes the Direct Discharge Consulting team entered to install flow monitors and samplers were obviously having excessive grease accumulation. It seems as though a formal FOG program may not be implemented including FOG inspections. Each restaurant within the service area that has a grease interceptor or grease trap should be inspected quarterly. The code and/or regulations should outline this inspection and provide a narrative for violations, and escalating measures if a user does not comply with the violation. 5. Depending on how serious the District(s) and Town want to take these actions, a surcharge could be implemented for contaminants of concern, such as BOD, COD, TSS, Ammonia, Nitrogen, Phosphorus, metals, etc. The surcharge cannot be implemented without legal Winter Park Ranch, Grand County WSD and Town of Fraser Industrial Sampling/Flow Monitoring Project justification and noted in the code or regulations. A surcharge is calculated by the design loading to the facility, including items outside of the NPDES permit including, but not limited to pollutants of concern (Reg 85 pollutants, nitrification/denitrification inhibition, collection system hazards, etc.) that can be calculated on how much of each pollutant the wastewater treatment facility can effectively remove, and then determining the cost to treat these pollutants. For example, if it is determined it costs $0.25 to treat 1 pound of BOD and the domestic population is determined to contribute 1,000 pounds per day at 250 mg/L BOD and the wastewater treatment facility is at 50% organic capacity, the facility could in theory treat up to 500 mg/L BOD or 2,000 pounds per day at $0.50 per pound of BOD. A surcharge would be calculated for any industrial user (including restaurants) that discharges over 500 mg/L BOD. If we use a simple number of $0.50 per pound of BOD as a surcharge, then an industrial user that contributes a BOD of 1,000 mg/L such as a brewery and discharges 10,000 gallons per day would be issued a surcharge of $41.70 per day (0.01 MGD Flow x 1,000 mg/L BOD x 8.34 = 83.4 pounds per day BOD x $0.50 per pound BOD Surcharge = $41.70) It is evident from this project that further investigation is required to fully understand the industrial contributions to the wastewater treatment facility and to control the sources of industrial contributions. Direct Discharge Consulting is prepared to assist in any way possible to achieve the goals of the District(s) and Town. We would like to thank all of the folks that assisted in this project including all of the Managers, Jim Fox, Lucus Seffens, Buff Borras, Ed Cannon, and Joe Fuqua. A special thanks to Matt Wyant and Logan Wray for the boots on the ground work and laboratory assistance with this project. Please do not hesitate to contact me to discuss this report or anything further you may wish to implement based on our recommendations at 970-619-8216 or d y .. 'i.irectdIschairge,com. Respectfully, Dave Lewis, cwP President — Direct Discharge Consulting Winter Park Ranch, Grand County WSD and Town of Fraser Industrial Sampling/Flow Monitoring Project MEMO TO: FROM: DATE: SUBJECT: COLORADO I� �um°'il a ppu m ipi Mayor Vandernail and the Board of Trustees Ed Cannon, Town Manager January 4, 2023 Kremmling Memorial Hospital District Construction Guarantee Agreement (CGA) MATTER BEFORE BOARD: Approve CGA for the Fraser Middle Park Health Center ATTACHMENTS: CGA PC Resolution 2022-06-02 DETAIL: Fraser Planning Commission Resolution 2022-06-02 approved the Major Site Plan for the Fraser Middle Park Health Center to be constructed at the Village at Grand Park, Filing 2, Lot 12C. The resolution requires a CGA and appropriate surety prior to building permit issue. Kremmling Memorial Hospital District requested Fraser waive the surety requirement due to their statue as a health services district and political subdivision of the State of Colorado. FINANCIAL IMPACTS: The CGA includes language that allows the Town of Fraser to complete the public improvements in the event of a default and require reimbursement from the developer (CGA paragraph 6). As a political subdivision of the state, the likelihood of default is minimal. RECOMMENDATION: Authorize the Fraser Mayor to sign the CGA I"CY 8C.4 "'M n kre a r f)13.x " �,;^a CONSTRUCTION GUARANTEE AGREEMENT CONSTRUCTION GUARANTEE AGREEMENT THIS AGREEMENT is made and entered into as of this day of January 2023, by and between Kremmling Memorial Hospital District, whose address is 214 4th Street, Kremmling, CO 80459, hereinafter referred to as "Developer", and the Town of Fraser, a municipal corporation of the State of Colorado, whose address is 153 Fraser Avenue, P.O. Box 370, Fraser, Colorado 80442, hereinafter referred to as "Fraser" or "Town", together referred to as "the Parties". WHEREAS, Developer is the owner of certain real property located within Fraser, legally described as Lot 12C as described in the Final Plat of the Village at Grand Park - Filing No. 2, Lot 12C, as recorded with the Clerk and Recorder of Grand County, Colorado on September 30, 2019 at Reception No. 2019007844 on which Developer intends to construct certain improvements (hereinafter, the "Project"); and WHEREAS, Developer has applied for the issuance of a land use approval for the Project pursuant to Chapter 19 of the Fraser Municipal Code; and WHEREAS, Fraser's regulations at Section 19-3-425(a) require that as a condition of approval appropriate construction guarantees to ensure that necessary construction features and public improvements are constructed in accordance with the approved Development Plans and to ensure restoration and revegetation of the site if the Project is abandoned; and WHEREAS, Fraser and Developer have entered into this Agreement to satisfy such requirement with respect to the land approval for the Project. NOW, THEREFORE, the Parties agree as follows: (1) Development Plans. The "Development Plans" shall mean the site plan, landscape plan, grading, drainage, and erosion control plan, utility plan and any other related plans and specifications and construction documents for the Development Project, as submitted to and approved by Fraser as part of the land use approval for the Project. (2) Secured Improvements. The "Secured Improvements" shall mean the utility installations, lighting, landscaping, parking, snow storage areas, and other improvements for which security is to be provided in accordance with this Agreement. The Secured Improvements are listed on Exhibit A attached hereto. (3) Construction, Inspections, Acceptance, and other Matters. The Developer shall cause all public and private improvements depicted on the Development Plans, including but not limited to the Secured Improvements, to be constructed and completed, at its expense, in accordance with the land use approval, the Development Plans, the Town of Fraser design and construction standards (Refer to Chapter 14 of the Fraser Municipal Code), and any other applicable regulations of Fraser. (a) All such public and private improvements shall be completed before all or any portion of any lot or unit in the Project may be sold or leased and before any approval for occupancy is issued for any building or structure within the Project. Further, all such improvements shall be substantially completed not later than two (2) years after the date of this Agreement, unless an extension of time is granted by Fraser in writing for good cause, as determined by Fraser. Requests for extension must be submitted by Developer, in writing, to Fraser at the address set forth above. (b) The provisions of the Fraser subdivision regulations, as contained in Chapter 19, Article 3 of the Fraser Municipal Code, and particularly Division 4 of that Article, as such regulations may be amended from time to time by Fraser, shall govern with respect to the inspection and acceptance of the Secured Improvements, and all other matters relating to Developer's obligation with respect to the Secured Improvements that are not specifically addressed in this Agreement. The Fraser building regulations, as contained in Chapter 18 of the Fraser Municipal Code, as such regulations may be amended from time to time by Fraser, shall govern with respect to the Page 1 of 6 inspection and acceptance of those improvements depicted on the Development Plans other than the Secured Improvements. Financial Security for Performance and Payment. In consideration of Developer's status as a health services district and political subdivision of the State of Colorado, Fraser hereby agrees to waive the requirement for financial security for performance and payment. Warranties of Developer. Developer warrants that the Secured Improvements will be installed in a good and workmanlike manner and in substantial compliance with the Development Plans and requirements of this Agreement and shall be substantially free of defects in materials and workmanship. These warranties of Developer shall remain in force and effect as to any completed Secured Improvements until the lapse of one (1) year after preliminary acceptance of the Secured Improvements, and until final acceptance of such Improvements as provided in the Fraser subdivision regulations. To the extent the Secured Improvements include required landscaping, the Developer shall maintain such landscaping during the one-year warranty period. Default and Remedies. Time is of the essence hereof with respect to the performance of Developer's obligations provided in this Agreement. If Developer defaults in the performance of any such obligations in the time and manner provided herein, and if such default is not cured within thirty (30) days after written notice of the default is given by Fraser to Developer, then Fraser shall have the following remedies: (a) If the default relates to construction of Secured Improvements, the Fraser Town Manager may stop work on any improvements until a schedule and agreement on compliance for construction has been reached; Fraser may, but shall not be required to, have the Secured Improvements constructed, completed or corrected by such means and in such manner as Fraser shall determine, with or without public bidding; and Fraser shall have the right to require reimbursement from the Developer to pay for the construction, completion or correction of such Secured Improvements. (b) If the default consists of Developer's failure to complete all public and private improvements within the time provided in this Agreement and any extensions granted by Fraser, then Fraser may revoke the land use approval for the Project; and Fraser may proceed with restoring and revegetating the site, which may include removal of any uncompleted improvements, and requiring reimbursement from the Developer to pay for the costs thereof. (c) All costs and expenses incurred by Fraser as a result of such default and the exercise of the remedies provided herein, including reasonable attorney fees, shall be chargeable to Developer and shall be paid by the Developer upon demand. The remedies provided above are cumulative in nature and nonexclusive. Fraser may pursue any other remedies it may have under Colorado law, including, without limitation, the right to bring suit against the Developer for injunctive relief, for specific performance of this Agreement, or to recover damages for the breach of this Agreement. Additional Provisions. (a) Applicable Law. This Agreement, and the terms, conditions and covenants herein contained, shall be deemed to complement and shall be in addition to the conditions and requirements of the Fraser Municipal Code and other applicable laws, rules and regulations. (b) Severability. If any part, term, or provision of this Agreement is held by any court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions 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. Page 2 of 6 (c) Complete Agreement. This instrument embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein except that Developer shall be bound by, and comply with, all conditions and obligations, provided in applicable Fraser ordinances and regulations, as amended from time to time by Fraser. This Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the Parties. There shall be no modification of the Agreement except in writing, executed with the same formalities as this instrument. (d) No Waiver. No waiver of any of the provisions of this Agreement shall be valid or binding unless in writing, signed by the party whose rights are waived, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. (e) Consent to Jurisdiction and Venue. Jurisdiction and venue for any civil action commenced by either party to this Agreement with respect to this Agreement or any security provided pursuant to this Agreement shall be proper only if such action is commenced in the District Court for Grand County, Colorado. Developer expressly waives the right to bring such action in or to remove such action to any other court, whether state or federal. (f) No Third -Party Beneficiaries. Except as herein provided, no person or entity, other than a party to this Agreement, shall have any right of action under this Agreement including, but not limited to, lenders, lot or home buyers and materialmen, laborers or others providing work, services, or materials for the improvements. Recording. This Agreement shall be recorded in the Grand County Clerk and Recorder's Office and shall be deemed to run with the land (being the described Project), and the provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. (g) Page 3 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective as of the day and year first above written. FRASER DEVELOPER TOWN OF FRASER, a municipal KREMMLING MEMORIAL HOSPITAL DISTRICT corporation of the State of Colorado BY: BY: Mayor Title: ATTEST: Town Clerk (SEAL) STATE OF COLORADO )SS COUNTY OF GRAND The foregoing instrument was acknowledged before me this day of , 20 , by , as Mayor, and , as Town Clerk, of the Town of Fraser, Colorado, a municipal corporation of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public (SEAL) STATE OF SS COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as , of Kremmling Memorial Hospital District, Developer. Witness my hand and official seal. My commission expires: Notary Public Page 4 of 6 Page 5 of 6 Exhibit A Secured Improvements Improvement 1. Earthwork 2. Asphalt Paving 3. Site Utilities 4. Site Lighting 5. Landscaping — Grasses 141, Shrubs 359, Trees 56 (Ord. 452 §1(Exh. A), 2018) 4875-8504-8130, v. 1 Page 6 of 6 FRASER PLANNING COMMISSION RESOLUTION NO. 2022-06-02 A RESOLUTION APPROVING A MAJOR SITE PLAN FOR A NEW FRASER HEALTH CENTER TO BE LOCATED AT THE VILLAGE AT GRAND PARK, FILING 2, LOT 12C, TOWN OF FRASER, GRAND COUNTY, COLORADO, PART OF SEC. 28, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PM. WHEREAS, at the regular meeting of the Fraser Planning Commission held on June 22, 2022, Paul Garland of Davis Partnership Architect, on behalf of Kremmling Memorial Hospital District, a Colorado Special Tax District AKA Middle Park Health, requested approval for a Major Site Plan for a new Fraser Health Center; and WHEREAS, Kremmling Memorial Hospital District is the current owner of the property; and WHEREAS, the applicant is requesting major site plan approval which would allow for the construction of a 27,345 square foot medical clinic with 53 parking spaces and 46,495 square feet of landscaped area on Lot 12C, Village at Grand Park, Filing 2 in Fraser; and WHEREAS, Staff has determined that this application is in compliance with the Land Development Code of the Town of Fraser when the conditions listed below have been addressed. NOW THEREFORE BE IT RESOLVED that the Fraser Planning Commission has voted to approve this development application with the following conditions: 1. Applicant to address Agency Review Comments included in the packet, and revise and resubmit documents accordingly. 2. A Construction Guarantee Agreement (CGA) and appropriate security shall be submitted and approved prior to building permit issuance. APPROVED AND ADOPTED THIS 22nd DAY OF JUNE, 2022. ANNI ,C. MMIVIISSION, Mayor ATTEST: