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HomeMy Public PortalAboutTBP 2023-02-15!mNYli1➢fJN9� COLO }i A la0 Board of Trustees Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday February 15, 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. Roll Call 2. Approval Of Agenda 3. Consent Agenda a. Minutes February 1, 2023 Documents: TB M 2023.02-01.IPdf .¶.IBM SIg1rn-On Sheet 02.011-"23.IPdt' 4. Open Forum a. Business not on the agenda (If you would like to request time on a future agenda please contact the Town Clerk) 5. Public Hearing And Possible Action a. Ordinance No. 491 Amending Chapter 19 Article 2 Division 2 Regarding Building Height Regulations Within Victoria Village Overlay District - Michael Documents: Vdcllordd Viilllldq 0 IrNa.dc lint Ve rihr:ance Staff 13riieffiingq.pdff Ordihno.anoco No. 40`g Arnonud nngq ii,h;hopter 10 ArffdL o 2 ICYiiviisiioiru 2 Roquranddnoq [3u.aiilld ng Height Hoqullathoins Wh10iuin Viictoriio VhIII1111a e Oveirllay DDostrilc't pd'i PC Ro ollu'tdon 2023,-01-01 fftocoirr'nrneirndhirig Airneirndirn enll To CI0opter "19 Airlfha,llo 2 1) v on 2 IF . gardiinngq IE3ulla rrq Ho 9lhill Rog Wiitllniin VVOICD.pdff 22-0211 Vier' 11oriir:a Vil11logge ALE A (1) P9ff1 Loriitnog1M1ra1pVVebVoirsiionn 14020/. P91 POP Vdctordo Vdlllld9e Ovorlloy 0iisllydot.pdff b. Resolution 2023-02-03 Department Of Housing Grant Authorization For Victoria Village - Rob Documents: ff ollutilon 2023-02.03 Department Of IHousdngg Grant Authordzatdon.lpdt' sollutilorn 2023-01.04 !- UtlrrOndzd0f3 Mayor To wy� ` hgrn ILot11or Of Gonnrnirtnnonnt For Appllldca. tiionn For .1 rrarrst'orrnoat,iionall Afft'ordrnlisllo Hlousiingq,.IPn:u IPt.. �P DOH Grant For Vdataanda Viillllage.p¢gff 6. Discussion And Possible Action Regarding a. Treasurer's Report - Rob Documents: Treasurers Report 02"111123.IP91 b. Fraser Valley Metropolitan Recreation District Expansion Request - Scott Ledin Documents: Town Of Fraser Mlorirrurana unrr Fitness Ara';- 1 Lxlpannsdorr Project I1 1Lna ss IF=iinnoll.pdff c. KFFR Funding Request - Steve Skinner Documents: 2023 " R.e ua st sal 02,:3 Fraser ..u�inaaguirnc� �. :�.� .t Kl:FR, ANNUAL IE'.ILIPO1E'T.1pdff rruiioin Project. pn 1 d. Ordinance No. 492 Amending Chapter 19, Regarding Subdivision Improvement Agreement - Michael Documents: 0rdNihnnannce No. 492 Arnoenoddnngq Chapter "19, Rograndiirrq Sulbdiiviisiionn Irnnlprovornun :gTee riroun`nt.p91 r nt Aa„ S �Fv'�a., Memorandum Wlr'ndlfrnon La, n P:-iirirn.trdff 11A e. Town Manager Contract Approval Documents: 2,.1.02. 1 .¶.cwrn Mane rotlar 7. Updates a. Committee Minutes Documents: EIDACM 01-31-2;3.IPdt' PAC 011 _10_23 2(� .IF1dt 1='A( 0"1 ' .IF1dt PAC 01_27_23. d POIM 2023-01.25.Pdf 8. Adjourn UPCOMING MEETING WEDNESDAY, MARCH 1, 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. Town Clerk, Antoinette McVeigh 970-531-9943 or amcveigh@town.fraser.co.us FRASER BOARD OF TRUSTEES MINUTES DATE: February 1, 2023 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; Lewis Gregory, Brian Cerkvenik, Kaydee Fisher and, Katie Soles Staff: Town Manager, Ed Cannon; Town Clerk, Antoinette McVeigh; Assistant Town Manager, Michael Brack; Finance Director, Rob Clemens; Public Works Director, Paul Johnson; Water Utilities Superintendent, Lucus Seffens; Chief Officer Donnie Ransom 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; Lewis Gregory, Brian Cerkvenik, Kaydee Fisher and, Katie Soles 2. Approval of Agenda: Trustee Soles moved, and Trustee Gregory seconded the motion to approve the agenda. Motion carried: 6-0. 3. Consent Agenda: a) Minutes January 18, 2023 Trustee Waldow moved, and Trustee Cerkvenik seconded the motion to approve the consent agenda. Motion carried: 6-0. 4. Open Forum: Deborah Shulman 5. Discussion and Possible Action: a) Resolution 2023-02-01 Water System Model Update Trustee Gregory moved, and Trustee Soles seconded the motion to approve Resolution 2023-02-01 Water System Model Update Motion carried: 6-0. b) Construction Guarantee Agreement Fraser Middle Park Health Center Jodi Docheff from Middle Park Health Board presented to the Board. The Board asked what the dollar amount for the surety would be. While Norman gathered the information the board moved this item to discussion item f. Page 2of3 c) Resolution 2023-02-02 Victoria Village Agreement Trustee Gregory moved, and Trustee Soles seconded the motion to approve Resolution 2023-02-02 Victoria Village Master Plan Agreement. Motion carried: 6-0. d) Baseline Planning Services Cost Review The Board directed staff to start the process of hiring an inhouse planner. e) Support For US 40 Safety and Mobility Improvements - RAISE 2023 No Action f) Construction Guarantee Agreement Fraser Middle Park Health Center Trustee Soles moved, and Trustee Cerkvenik seconded the motion authorizing the Mayor to sign the Construction Guarantee Agreement Fraser Middle Park Health Center waiving the surety requirement. Motion carried 4-2, Nay Gregory and Fisher 6. Updates a) Trustee Cerkvenik attended the Colorado Association of Ski Towns b) Town Manager Cannon, NWCCOG hired a grant navigator. 7. 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 litigation. Including Town Attorney Kent Whitmer, Town Manager Ed Cannon; Assistant Town Manager Michael Brack 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 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). Town Manager Recruitment. Including Jon Stavney of NWCCOG Trustee Gregory moved, and Trustee Soles seconded the motion to open the Executive Sessions at 7:35 p.m. Motion carried: 6-0. Motion to exit the Executive Sessions was not recorded. 8. Adjourn: Page 3 of 3 Trustee Soles moved, and Trustee Gregory seconded the motion to adjourn. Motion carried: 6-0. Meeting adjourned at 9:59 p.m. Antoinette McVeigh, Town Clerk r flew BOARD REGULAR MEETING REGI-STRATION SHEET FEBRUARY 1, 2023 The Public Fo r nis an op o nity for the public to pr esen t their ci nc ms and re commendadons regarding Tow. Go vernment %sue s th the Town Board, These wishing to a ddress the To wn Board Adil be allowed a five-minuth presentadon. A maximum stele (6) people wir. be allo we d to address the Town Beard at each Public Forum. it a topic that yo u wish th discuss has been scheduled. f or a formal T owel Board Meeting, wo would ask that you reserve yo ur remarks for that 3 pe cific date and lime. To pics that are in ligation nth the Town i1 not be heard during this forum. Ail presenters are urged ; (I) shy the concern; and (2) list possible s olutions_ Please keen the folio na guidelines in mind: Rema rks that discriminate aga in st anyone or a dve rsely refit upo n the race, tor, ancestry, c ell i cr eed, n o ne! nr ln, ltd affiliation, disability, sex, or marital sthtus of any person are out of o rder a nd ma y e nd the speaker's riv l eg e address the rt Defamatory or abusive remarks or profanity are eel of o rder and will not be !era d. A nyone atten ding Tom Boa rd mee tings must sign in th ensure accurathreco rds and mi nutes. Sign your mean, address, and it on e sign in sheet Thank yo u for you r cooperatio ns PHYQ' ALLDDRESS E MA NAME PHYSICAL ADDRESS EMAIL MEMO TO: FROM: DATE: SUBJECT: COLORADO �um°'il a ppu m i pi Mayor Vandernail and the Board of Trustees Michael Brack, Assistant Town Manager February 15, 2023 Victoria Village Height Increase Variance MATTER BEFORE BOARD: Consideration to approve Ordinance 491 to increase the height limit for the Victoria Village Zoning Overlay from 45 ft to 55 ft. BACKGROUND: In March of 2018, the Town of Fraser adopted the Victoria Village Overlay District to encourage and promote attainable housing development for local residents and workforce via lower setbacks, lot areas, and floor areas. In Spring 2022, the Town acquired Victoria Village for the primary purposes of affordable housing development. Following a proposal process and awarding the Victoria Village Housing Project to a developer, discussions proceeded regarding the master planning process and any potential challenges with the overlay district that may deter the overall affordability of rental and for sale units based on construction costs. As a result of these discussions, Town staff and the developer both agreed that increasing the height limitation from 45 ft. to 55 ft. would improve the developer's ability to facilitate a master planning process and allow the types of housing desired on the property with the area median incomes (AMIs) that would be required in order to cover the construction costs. Based on the location of the site, a height increase for development would have little to no effect on neighboring properties and would be able to drive down the building cost per square foot which in turn would lower the AMI associated with the buildings such as apartment complexes, and allow for underground parking. This amendment to the Victoria Village Overlay District to increase the maximum building height to 55 ft. was recommended by the Planning Commission on January 25, 2023, PC Resolution 2023-01-01. If approved by the Town Board, the Town is still allowed, under its discretion by the Town Board, to set building height limitations based on the final design of the Victoria Village Master Plan. OPTIONS/ALTERNATIVES: • Approve Ordinance 491 amending Chapter 19, Article 2, Division 2 of the Town of Fraser Municipal Code regarding building height regulations within the Victoria Village Overlay District to increase the maximum height to 55 ft. • Approve Ordinance 491 amending Chapter 19, Article 2, Division 2 of the Town of Fraser Municipal Code regarding building height regulations within the Victoria Village Overlay District to increase the maximum height to 55 ft but with additional changes. • Do not approve Ordinance 491 and keep the height limit for the Victoria Village Overlay District to 45 ft. RECOMMENDATION: Increasing the maximum building height is anticipated to have little to no impact on the site or its neighbors as the increased height wouldn't impact any surrounding views much more than what's already allowed under the 45 ft. height limitation. A height increase also is favorable to the site as the elevation of the Victoria Village subdivision is over 10 ft. below HWY 40. A height increase would bring benefits to the developer to lower development costs per unit and lower the accommodating AMIs as a result. Staff recommends approval of Ordinance 491 to allow for more flexibility to design more affordable/attainable housing for the local community during the community engagement and master planning process beginning in February 2023. TOWN OF FRASER ORDINANCE NO. 491 Series 2023 AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 2, DIVISION 2 OF THE FRASER MUNICIPAL CODE REGARDING BUILDING HEIGHT REGULATIONS WITHIN THE VICTORIA VILLAGE OVERLAY DISTRICT STANDARDS WHEREAS, the Town of Fraser Planning Commission has reviewed the proposed amendment to the Victoria Village Overlay District regulations as contained in the Fraser Municipal Code, Chapter 19, Article 2, Division 2; and WHEREAS, it appears to the Town of Fraser Planning Commission that it would be in the best interests of the health, safety, welfare and economic well-being of the citizens of the Town of Fraser to adopt the amended Victoria Village Overlay District regulations to increase the maximum height from 45 feet to 55 feet. WHEREAS, increasing the height increase for the Victoria Village Overlay District would allow for more flexibility in developing the Victoria Village Master Plan with a more cost-effective approach for portions of the project site and allow the Town to provide more affordable housing units to the Fraser Community. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: AMENDMENT OF MUNICIPAL CODE. Chapter 19 (Land Development Code), Article 2, Division 2 of the Fraser Municipal Code (herein sometimes referred to as the "Municipal Code") are hereby amended as follows [Note: additions are shown in bold underlined print; deletions are shown as ctrikcthrough print]: ARTICLE 2, Division 2, Section 19-2-265 — Victoria Village Overlay District Sec. 19-2-265. — Victoria Village Overlay District (a) Intent. The purpose of the Victoria Village Overlay District is to provide for creating a unique, walkable neighborhood that brings additional housing options within proximity to downtown Fraser. (b) Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340. Accessory uses shall be in conformance with Section 19-2-320(a). Temporary land uses are as shown in Table 2.12 and shall be in conformance with Section 19-2-330. (c) District standards. Lot and building requirements for principal structures shall be as shown in Table 2.11. TABLE 2.11 Victoria Village Overlay District Standards Minimum Lot Area Row House: Fifteen hundred (1,500) feet; except corner lots: Twenty-five hundred (2,500) square feet. Other Residential: Twenty-five hundred (2,500) square feet per dwelling unit. Commercial: No minimum requirement. Minimum Lot Width Single-family dwelling: Twenty-five (25) feet. Duplex: Fifty (50) feet. Row house: Fifteen (15) feet; except corner lots: Twenty-five (25) feet. Commercial: No minimum requirement. Minimum Front Yard Residential: Ten (10) feet. Commercial: No minimum requirement. A build -to -line may be required during site plan review. Minimum Side Yard Row houses: Zero (0) feet subject to (h) below. Zero Lot Line: One (1) side setback must be zero (0) and the other a minimum of ten (10) feet, subject to (i) below. Other Residential: Five (5) feet. Commercial: No minimum requirement. Minimum Rear Yard Residential: Ten (10) feet. See (j) below for garages adjacent to alleys. Commercial: No minimum requirement, unless if adjacent to an alley or service lane: eighteen (18) feet. Minimum Stream Setback Thirty (30) feet; a greater setback of up to one hundred fifty (150) feet may be required during site plan review. Minimum Floor Area Two hundred (200) square feet. Maximum Height Forty fivc (45) fcct. Fifty-five (55) feet. 2 Minimum Required Open Space Thirty-five percent (35%) PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. PART 5: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 15th DAY OF February, 2023. Votes in favor: Votes opposed: Votes abstained: BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: (SEAL) ATTEST: Published in the Middle Park Times on Philip Vandernail, Mayor Antoinette McVeigh, Town Clerk 3 TOWN OF FRASER PLANNING COMMISSION Resolution No. 2023-01-01 A RESOLUTION RECOMMENDING APPROVAL OF THE ADOPTION OF AN AMENDMENT TO CHAPTER 19, ARTICLE 2, DIVISION 2 OF THE TOWN OF FRASER MUNICIPAL CODE REGARDING BUILDING HEIGHT REGULATIONS WITHIN THE VICTORIA VILLAGE OVERLAY DISTRICT. WHEREAS, In March of 2018, the Town of Fraser adopted the Victoria Village Overlay District to encourage and promote attainable housing development for local residents and workforce via lower setbacks, lot areas, and floor areas. WHEREAS, the Town of Fraser Planning Commission has reviewed the proposed amendment to the Victoria Village Overlay District regulations as contained in the Fraser Municipal Code, Chapter 19, Article 2, Division 2; and WHEREAS, it appears to the Town of Fraser Planning Commission that it would be in the best interests of the health, safety, welfare and economic well-being of the citizens of the Town of Fraser to adopt the amended Victoria Village Overlay District regulations as presented to the Planning Commission and reviewed at the Public Hearing on January 25, 2023. NOW, THEREFORE, BE IT RESOLVED, THAT THE TOWN OF FRASER PLANNING COMMISSION HAS VOTED TO: RECOMMEND APPROVAL OF THE AMENDMENT TO THE MUNICIPAL CODE 1. Amend Chapter 19, Article 2, Division 2 of the Town of Fraser Municipal Code regarding building height regulations within the Victoria Village Overlay District to increase the height limitation to a maximum height of fifty-five (55) feet. DULY MOVED, SECONDED AND APPROVED THIS 25TH DAY OF JANUARY, 2023. ATTEST: FRASER PLANNING COMMISSION BY: ice Chairperson ALTA / NSPS LAND TITLE SURVEY BL OCKS A -F, VICTORIA VILLAGE RECEPTION NO . 142175 A PART OF THE NORTHE AST QUARTER OF SECTION 19, TOWNSHIP 1 SOUTH, RAN GE 76 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FRASER, COUNTY OF GR AND, ST ATE OF C OLORADO LEGAL DESCRIPTION PER TIT LE COMMITMENT NO. 0309031, PREPARED BY TITLE COMPAN Y of THE ROC KIES. WITH AN EFFECTIV E DA TE of JANUARY 7, 2022 AT7 -00 AM. THE LAND REFERRED TO HEREN1 IS TED N THE CO UNTY OF GR AND. ST ATE of COLORA DO. AND DESCRIBED AS FOLLOWS. LO TS 1 THRO UGH 8. MC LUSN E, BLO C, LO TS 1 THRO UGH 9. INC LUSIVE. BLO C, B. LOTS 1 THROUGH 8, INCLUSIV E, BLOCK, C, LO TS 1 THRO UGH 8. NC LUSIVE, BLO CK, D LO TS 1 THRO UGH 8. INC LUSIVE, BLO C, E, LO TS 1 THRO UGH VICTORIA VLLAGE, ACCORDING TO THE PLAT THEREOF FILE JUNE E 1976 . AT RECEPTI ON N O. 142175 . PROV ID ED ADDRESS PER TITLE C OMM ITMEN T WITH AN EFFECTIVE DA TE OF JANUARY 7A517297O AM BY COM PANY of THE RO CKIES . 225 PA RK A VE, FR ASER, CO 80942 LOTS AND KS OF V ICTORIA VILLAGE, ACC ORD ING TO TH E PLA T T HEREOF FILED JU NE a, 1976, AT RECEP TIO N NO . 17175, GR AN D COUN , CO TITLE NOTES - SCHEDULE 0-2 'EXCEPTIONS' TITLEPER MMITMENT No . 0304031,, PREPA RED BY TITLE CO MPA NY OF THE RO CKIES. WITH AN EFFEC TN E DA TE OF JANUA RY 7.200 AT 7.0 0 A. M. 1-6 SLA ND ARD EXC EPTION S C ORE CON SULTA NTS. NC D ID N OT EXA MIN E OR ADDRESS TH ESE ITEMS. NG HT of TH E PROPRIETOR OF A VEIN OR LOD E TO EX TRA CT A ND REMO VE HIS O RE T HEREFROM, SHOULD THE SAME BE FOUN D To PENEILRAT E OR INT ER SECT THE PREMISES HER EBY GRANTED, AS R ESERVED IN STA TES . OR M BOOK 12 AT PAG E 25. 8. TIERS CO NCERN ING MINERAL RIGHTS C ORE C ON SULT ANTS, PATEN T ULT .ANTFINC. RECOMMENDS C ONSULTI NG WITH AM INERAL RIGHTS EX PERT. NG HT Of WA Y FOR DITCHES OR CA NALS C ON STRUCTED BY T HE AUTHO RITY Of THE UNIT ED STATES, AS RESERVED IN UNITE D MA RCH STA TES PATEN T REC ORDED S 95 N BOOK 13 AT PAG E 358. CORE s, INC . DID N OT EXAM INE OR ADDRESS THIS ITEM EXCEPT TO CONFIRM AFFEC TS THE SUBJECT PRO PERTY. NO T PLOTTABLE. AN Y RIGHTS. INTERESTS OR EA SEMEN TS IN FA VOR OF TH E ST A.TE OF CO LORADO. THE UNITED STATES OF A MER!, OR THE GENERAL 9 PU BLIC, WHICH EX IST °RA RE C LAIMED TO EXIST IN , O VER, UNDER A.ND IO R A.C ROSS T HE WAT ERS AND PRESENT A ND PAST BED AND BA NKS OF T HE ST.LOUISCREEK CORE C ON SU LTAN TS, INC DID NO T EXAMINE DR ADDRESS THIS ITEMS 12INSTRUMEN T EASEMENT AND R IGHT ED PREWA R' INHBTOOK 95 AT PAGEn 0PUR POSES SAID 509505NTBINNG MORE PA RTICULARLY DESCOR PORATION RIBED IN snm BY INSTRUMEN T UNABLE TO DETERNME LOCATION PER PROV IDED DO CUM ENT INST RUMENT RECO RDEEASEMEN T AN D RIGHT D JAN UAF WAY RYE.SI97S, IN 600 7213 AT PAGE 725. AFFECTS THE SUBJECT RIC TRAN SM ISSION PURPOSES, AS GRA NTED CT PROPER,. SHO WN ELECTRIC, Br EA SEMENTS. RIGHTS OF WAY AND ALL O THER MA,ERS AS SHO WN ON THE T OF VICTORIA VILLAGE FILED JUNE 8.1976 AT RECEP TION NO. 142175. AFFECT S THE SUBJEC T PRO PERTY SHO WN HEREON. TERMS, A GREEMENTS, PRO VISIO NS, CO NDITIONS AND O BLIGATION S AS DIN RIGHT OF WAY DEED AND AGREEMENT RECO RDED MA RCH 9, 1989 IN BOO K 447 AT PAGE 934 AFFECTS THE SUBJECT PRO PER , SHOWN HER EON. PROV ISIONS CON DITIONS AND OBLIGATIONS AS C ON TAINED IN RIGHT OF WAY D EED AND AGREEMEN T NRECORDED TERM S AG REEM ENTS SEPTEMBER 1. 1995 AT RECEPT ION NO. 95027812 AN D AT RECEPTION MO. 95627813. AFFECTS THE SUBJECT PROPERTYSH OWN H EREO N IS TERM S AG REEM ENTS PROV ISIONS CON DITIONS AND OBL.A TIONS AS C ON TA INED IN D EC LARA TION OF REST RICT IVE COV ENA NT S RECORDED AUGUS T 787012 AT REC EPTIO N NO 2012006277 A FFECTS T HE SI IBJECT PROPER, SHOWN HEREON EASEMENT D RIGHT OF WA Y FO R PIPE LINE PURPOSES AS GRAN TED TO PUBLIC SERVICE CO MPANY OF CO LORAD. BY RECO RDED INSTRUM ENT RECEPTION NO . x016006759 SAID EASEMENT BEING RE PA RTICULARLY DESCRIBED THEREIN A FFECTS THE SUBJECTS PROPERTY, SHOWN HEREON. GE NERAL NOTES COMME NCE D MORE THAN TEN YEARS FR OM THE DATE OF T HE CERTIFI CATION SHOWN HEREON A NY PERS ON W HO ISI LIOWINGLY REM OVES AL TERS MONUME NT OR ACCE SSOR Y, CO MMITS A CLASS TW O (2) DEFACES MEAN OR PUBLIC URRSUANT SURVEY STAY STAT UTE 1a -RS. -52 BOUN DARY RS THIS SURVE Y D OES NOT REPRESENT A TITLE SEAR CH BY CORE CONSULT ANTS, I NC FOR RE COR D DOCUMEN TS AND DETER MINATION OF LE COMMIT MEN T N O. 0304251,, PREPA RED BY TITLE COMPANY OF THE ROCKIEOW NERSHIP, EASEME NTS OF RECORD, RIG HTS-O NWAY AND S WI TH AN EFFECTIVE CORE DATE INCRELIE D RY 72ON 092 AT NM AM THIS ALTA/ NSPS LAN D TITLE SUR VEY OR PIAP W AS PREPARED FOR THE E XCL USIVE USE OF THE PERSO N, PERS ONS OR EN TIT Y NAME D IN THE CERTIFI CATE HEREO N SAI D CER0F1CATE DOES NOT E XTE ND TO A NY UNNAMED PERS ON WITHO UT AN E XPRESS RECERTIFICA TI ON BY THE SUR VE YOR NAMI NG S AI D PERSON THE TERM "CER T, AS USE D HEREON PI.T . AN EXPRESSIO N OF PROFESSIO NAL OPINION AND DOES NOT CONS TIT UTE A W AR RA N, OR GU ARA NTEE, E XPRESSE D OR I MPLIED THE GR OSSLAN D AR. F OR BLOCKSAF vIC TORI A VILLAGE IS 492734 S QU ARE FEET OR 11 317 A CRES. M ORE OR LESS THE PR M ARY BENCH MARK USE D TO DETERMI NE THE BASIS OF ELEVA TIO NS FOR THIS PLA T IS N 139 A STA ND AR D U S CO AST AND GEODETIC SURVEY M ONUMENT SET IN CO NCRETE P OS T N AVD88 ELEVATION= B438 43 U S SURVEY FEET THERE HAS NOT BE. ANY SUBS TANTI AL FEATURES OBSERVED DURING THE TIME OF FIELD SURVEY THERE HAS N OT BEEN A NY PARKING FEATURES OBSERVED DURING THE TIME OF FIELD SUR VEY 10 THERE HAS NOT BEEN HE ANY EVI DENCE SU RVEY RECE NT EARTH MOVI NG W ORK BUILDING CO NSTRUCTION. OR BUILDING ADDRI ON5 OBSERVED DURIN G 11. THE LINEAL UN h OF MEASURE USED IN THE PREPARATI ON OF THIS ALTA/NSPS SUR VEY IS THE U.S . SURVEY F OOT. 12. A CC ORDING TO FEMA FLOOD INSURANCE RATE MAP )FIRM), PANEL 979 0E 1200. MAP NUMBER 080491009790. EFFECTNE DATE JANUARY R. 2208, THE SUBJECT PROPERTY LIES WITHIN ZONE X. OTHERARE ASA ALGA E FL OC/DOUTSIDE THE RD ANNU AL PL AIN " IN Z ONE A, " NO BASE FLOOD ELEVATIONS DETERMINED;" AND IN THE SPECIAL R OOD HARZARD ARE AS (sfJAs) "SUBJECT TO INUNDATI ON BY THE 1% AN NUAL CHANCE FLOOD. " SURVEY OR'S CERTIFIC ATE TO JAMB ON MOUNTAIN PROPERTES TINE COMPANY OF THE R OCKIES TOWN OF FR ASER POBOX511 76.1 U.S. HI GHWAY 40 153 FR ASER AVE V./INTER PAP, CO RE P. FR.. CO R0997 LaINARLTO THRT THIS MAP OR PLAT A ND THE SURVEY ON ESTABLISHED BASED WERE BY ALT A AND NSEs, AND INCL UDES ITEMS II s2 9. us5OAa ONN IN 13, AND 16 OP TABLE A THERE OF. THP PIG,. AS COMPLE TED. T OP AND ON BEHALF OP 0 S DES OFI ED OP P JOB NO. 22-021 SHEET 1 OF ALTA / NSPS LAND TITLE SURVEY BL OCKS A -F, VICTORIA VILLAGE RECEPTION NO . 142175 A PART OF THE NORTHE AST QUARTER OF SECTION 19, TOWNSHIP 1 SOUTH, RAN GE 76 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FRASER, COUNTY OF GR AND, ST ATE OF C OLORADO C --J $*` DEDICATED R OADWAY —nv— — rso Rows i — SUBJECT PROPERTY BLOCKS A -F. VI CTORI A VILL AGE LEGEND FO UN D SU RV EY ass OWN E SCRIEED FIRE HYDRANT POLE O UISAN ITARY MA NHO LE M FIBER BOX 0 TELEPHO NE R ISER E GUYS/IRE CI ELEC TRIC T RANS FORMER LEGEND MA RKED WATER MARKED SA NITARY MA RKED OVER HEA D LINE MAR KED TE LEP HO NE MA RKED G. MA RKED FUER OPTIC EDGE OF GR AVEL EDGE OF ASPHALT WETLA ND EASEMENT REC. 20.12000377 WET LANDS Bl ECO LOGICAL RESO URCE CONSULTA NT I MF /a TWIN RIVERS CONDOMINIU MS 278286 PARCEL ICT ORIA VILLAGE REC . 192175 LS3.88'R=183.07' x1 °34 '16" CHBSOM01'22, CH=33.82' S MOSIME 1460 US! L .....LI TE,Sel NT PARCELS VI CT ORIA VILL AGE REC. 142.17 , } • 0 z 0- Q Lu L p > Z Z a�z a ~ U u) Z U FLucp osslcs so JOB N0.22-021 SHEET 2OF3 ALTA / NSPS LAND TITLE SURVEY BL OCKS A —F, VICTORIA VILLAGE RECEPTION NO . 142175 A PART OF THE NORTHE AST QUARTER OF SECTION 19, TOWNSHIP 1 SOUTH, RAN GE 76 WEST OF THE SIXTH PRINCIPAL MERIDIAN, 4 TOWN OF FRASER, COUNTY OF GR AND, ST ATE OF C OLORADO \ HE CO R SEC 19 RaLH FOUND 1- STEEL PIPE mr1-1 a qFOU ND 1,7-RSER 1 STEEL PIPE WITH ' , MA RKED " I933 oFo , 913E13,a ,, / / (BASIS OF BEARINGS) COURT ROAD 8 / / / / + / P OINT OF BE GINNING / PLS "H 'F _ ) uine� ` rsooE ire FL .____T e"` "w � s >g,� _ — ar . ED a / - �s v i Fe.r i� _ -_y / 586 ---E ]J4I] -- / / /� _�. Sawa '- �" m °\� \ II \, BLO CK P. / i_/ ..----"' 4,1.- 5' ' ` � egg \ a, \ \F TWINRIVERS - �aEc nxzeo \ \\ I/ // �) e \ ') ,n .,a / \ % .1 \ am.x� ac s o \\ ///�' i /-g aor ;:Er E / O Ka A. 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GRAND C OUNT Y, COL ORADO . ,,.... %/ �a I In / VA \\ �� // A FFSH�r r • \1 \ _ — V A ,:- \ DEDICATED ROADWAY \\� (50 / A vv� i ------ -- --7-- ,— ;v — N vo �. n ;v �� �� ��� v��/\ / /roue �rp\i LEGEND LEGEND ;% EswlaeO " m wKED,OaT ER MARKED FIRE HYD M ARKED GA S :810E RKE D t , WATEVA LVE UTILITY PaE T M APH BER TIC 0 ELECTRIC TR ANs ORM Ea ..O� clwm�P o FIBER Box EDGE OF ASPHALTN.su— El .ER D�'" ED JOB NO. 22-02, TELEPHONE = WETLAND EA SEME NT REG 202080 F GLBAHRE--------- cWo N,LAuN sEWTLo9ICA L RE SOURCE SHEET 3A)3 N 00 DO 500 1 000 ."t Town of Fraser, CO OFFICIAL ZONING M AP Effecti ve May 1, 2018 R MU: Ri verwelk Mi xed Use O verlay District VVO: Victoria Village Overlay District B: Business District T: Trade Industry District RD: Rural D ensity District LDSF: Low Density Single -Family Reside ntial District MDSF: M edium Density Singl e -Family R esid ential District LDMF: Low Density Multi -Family Residential District MDMF: Medium Density Multi -Family Residential District HDMF: High Density Multi -Family Residential District PD: Planned Development District OS: Open Space District For Zoning D efinitions see me Fraser Muni cipal coee• nun..ao0ee.:eMras eaemtri 11111111111111 11111111111111 EN 1111 11111 111 11 1111 11111 11111 11111 11 1111111111111111 tlhliis its the proof of your a.d schedulled to run On IMiddllle Park "Tiinmes on the, dates iindiicated Ilf changes are needed, please contact Iles Ippu liolr to deadline at. (97*) 887-3334. otiice I10::) Irnd IrnlY2:Irnlblkell....N.II.1..UIMcIp d IIPlroot tylpdam:ed, ,:Daunt, 23, 2023 at 08i35ann MST' Notice INa:.alrnne: U Viictolriiax Overlay II:) stuµiit t Code Amend IPulblliisllnelr 11115: 259573 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....11iiif.lR f ' ll ll.... lI l9 If 'c I: k Du.alliie terl1 IParlk Times jlu.alliie.estrelrll(vJ Ibaselliilrnecolrlp.colrn (970) 726-5491 CoIIaulnlns Wiide 1 Ad CIla „s, II. ..2:,antalI 01/26/2023: Other INVotiice 1.160 Affildaviil. Fee 4.00 Su bttotall .Tax I::'Irvices°:liing Fee $1.7,60 $0,00 $1.,71 „ V III $1.936 NOTICE OF PUBLIC HEARING FRASER, COLORADO NOTICE IS HERESY GIVEN that a puoDdr, healing will be held by the Board nt Trustees 0 the Town 01 Fraser„ Colorado, on Wednesday, February 15, 2023, at 6:OCt PM on the Board Room 0 the Eraser Town Hatll, located at 153 Fraser Avenue„ Fraser, Colorado to consider Ilre Iollowlirrg agenda ilern: A proposed amendment. to the Town of Fraser Municipal Code Chapter 19 Art'uole 2, r)tvision 2 - Victoria Village overlay t)istrict, puosuant to the -Town ©t Fraser land development code ordinance. All Parties May Attend PUBLISHED IN THE MIDDLE PARK TIMES ON THURSDAY, JANUARY 29, 2023. CVlict.oria VIi1111agc. Overlay II::: ltrict Code Amend Page 1 of 1 TOWN OF FRASER RESOLUTION NO. 2023-02-03 A RESOLUTION AUTHORIZING THE TOWN MANAGER AND FINANCE DIRECTOR TO APPLY FOR THE COLORADO DEPARTMENT OF LOCAL AFFAIRS DIVISION OF HOUSING TRANSFORMATIONAL AFFORDABLE HOUSING GRANT AND AUTHORIZING SIGNATURE AUTHORITY TO THE MAYOR OR DESIGNEE. WHEREAS, the Board of Trustees approved a letter of intent to apply for the Division of Housing Transformational Affordable Housing Grant (TANG) during the December 7, 2022 meeting. WHEREAS, the Division of Housing received the Letter of Intent and during a January 17, 2023 pre -application call recommended the Town apply by January 31, 2023. WHEREAS, the Board of Trustees submitted a letter of commitment to the application and potential 25% match during the January 30, 2023 special meeting. WHEREAS, the Board of Trustees provided public notice. WHEREAS, the Town Manager position is in transition, the Mayor is authorized to sign contracts and documents on behalf of the Town of Fraser. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Board of Trustees authorizes the Town Manager and Finance Director to apply for Colorado Department of Local Affairs grant funds the Town of Fraser may be qualified to implement and specifically directs the application for the Division of Housing TANG. 2. The Town of Fraser Trustees authorizes the Mayor, or future designee, full signatory authority in regard to all contracts and corresponding documents associated with agreements entered into with the State. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED THIS 15th DAY OF FEBRUARY 2023. Votes in favor: Votes opposed: Abstained: Absent: (SEAL) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk TOWN OF FRASER RESOLUTION NO. 2023-01-04 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN LETTER OF COMMITMENT FOR APPLICATION FOR THE TRANSFORMATIONAL AFFORDABLE HOUSING, HOMEOWNERSHIP, AND WORKFORCE HOUSING GRANT PROGRAM WHEREAS, the Colorado Division of Housing has a Transformational Affordable Housing, Homeownership, and Workforce Housing Grant Program. WHEREAS, the Grant Program will play a critical role in bringing desperately needed affordable housing to the Fraser Valley. WHEREAS, The Operation Turnkey Grant from DOLA and DOH in 2022 secured the land purchase of Victoria Village. WHEREAS, the Victoria Village master planning, infrastructure extension, and site design will require grant support, allocated Town Funds and fee adjustments to leverage additional federal, state, and private financing to launch vertical construction in 2024 and drive project success. WHEREAS, the Board of Trustees approved a Letter of Intent to apply for the Transformational Affordable Housing, Homeownership, and Workforce Housing Grant Program at the December 7, 2022 meeting and is in process for the public hearing and authorization on the February 15, 2023 meeting. WHEREAS, staff recommends authorizing the Mayor to sign the Letter of Commitment for the Grant application as an initial authorization to apply with signature authority. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: The Mayor is authorized to sign the Letter of Commitment for Application for the Transformational Affordable Housing, Homeownership, and Workforce Housing Grant Program. READ, PASSED ON ROLL CALL VOTE, AND ADTOPTED BY THE BOARD OF TRUSTEES THIS 30th DAY OF JANUARY 2023. Votes in favor: Votes opposed: Abstained: Absent: BOARD OF TRUSTEES OF T E TOWN OF FRASER, COLO DO i BY: Mayor ATTEST: January 30, 2023 Colorado Division of Housing Attn: Timothy Dolan, Housing Development Program Manager Subject: Letter of Commitment for Application for the Transformational Affordable Housing, Homeownership, and Workforce Housing Grant Program Mr. Dolan, The Town of Fraser and Fraser Housing Authority, a separate authority made up of the Town of Fraser Board of Trustees, are committed to providing up to the $2,500,000 matching funds, in accordance with the Grant terms, in order to apply for $10,000,000 in funding through the Transformational Affordable Housing, Homeownership, and Workforce Housing Grant Program. This Grant Program will play a critical role in bringing desperately needed affordable housing to the Fraser Valley. The 11 acre vacant lot known as Victoria Village and identified as Lots 1 through 8, inclusive, Block, A, Lots 1 through 9, Block, B, Lots 1 through 8, inclusive, Block, C, Lots 1 through 8, inclusive, Block, D, Lots 1 through 8, inclusive, Block, E, Lots 1 through 5, inclusive, Block, F also known as 225 Park Ave, Fraser, CO 80442 is the planned location of a significant affordable housing project ranging from 150-200 units with a 30-120% AMI mix. This boost in inventory would meaningfully address the projected demand for 688 attainable units in the Fraser Valley over the next five years according to the 2022 Housing Needs Assessment Study. The Operation Turnkey Grant from DOLA and DOH in 2022 secured the land purchase of Victoria Village. The Town of Fraser is in the early stages of partnership with a development team with anticipated contract execution in February 2023.The concentration for 2023 will include master planning, infrastructure extension, and site design. These early stages will require grant support, allocated Town funds, and fee adjustments to leverage additional federal, state, and private financing to Iapr"ich vertical construction in 2024 and drive project success. ,sincerely, Mayo? Philip Vandem Town of Fraser 7C37i" 6-5518 L. Program Requirement: Statement of Assurances No data saved Case Id: 33317 Name: Victoria Village TAHG - 2021/22 Address: 225 Park Ave L. Program Requirement: Statement of Assurances Please review the following information. APPLICANT STATEMENT OF ASSURANCES AND CERTIFICATIONS The application must adhere to the following assurances and certification, that it: 1. Possesses legal authority to apply for the loan/grant and to execute the proposed project, and its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the application, including all understandings and assurances required, and directing and authorizing the applicant's chief executive officer and/or other designated official representatives to act in connection with the application and to provide such additional information as may be required; 2. Will give the State, the U.S. Department of Housing and Urban Development (HUD), and any state - authorized representatives access to and the rights to examine all records, books, papers or documents related to the application and grant; 3. Has provided a description of the proposed activity to determine its eligibility for CDBG, NSP, HOME, HTF, CHIF, HDG, or HDLF funding; 4. Will comply with all requirements of the CDBG, NSP, HOME, HTF, CHIF, HDG, or HDLF funds when such funds are awarded for applicant's housing activity; 5. Will affirmatively further fair housing by: o Refraining from discrimination with respect to housing, program benefits, and employment, and; • Taking affirmative steps to promote fair housing for all, regardless of race, color, religion/creed, national origin/ancestry, sex, age, disability, veteran status, mental illness, sexual orientation, transgender status, and all other federal and State protected classes; 6. Has provided for and encouraged citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of areas in which CDBG, NSP, HOME, HTF, CHIF, HDG, and HDLF funds are proposed to be used; by: o Providing citizens with reasonable and timely access to local meetings, information, and records relating to its proposed and actual use of CDBG, NSP, HOME, HTF, CHIF, HDG, and HDLF funds; o Furnishing citizens information concerning: the amount of funds available for proposed housing activities and the range of activities that may be undertaken, including the estimated amount proposed to be used for activities that will benefit persons of low and moderate income; its plans for minimizing displacement of persons as a result of activities assisted with CDBG, NSP, HOME, HTF, CHIF, HDG, and HDLF funds; and its plan for assisting persons actually displaced as a result of such activities; Printed By: on 1/31/2023 1 of 3 H Neigh o Publishing a proposed project plan/application in such a manner to afford citizens an opportunity to examine its content and to submit comments on the proposed project plan/application and on the community development performance of the jurisdiction(s); o Holding one or more public meetings, to obtain citizens view and responses to proposals and questions related to community development and housing needs, proposed activities and past CDBG, NSP, HOME, HTF, CHIF, HDG, and HDLF performances. AM meetings were held no sooner than five days after notice, at times and locations convenient to potential or actual beneficiaries, and with accommodations for the handicapped. o Providing for a timely answer to written complaints and grievances, within 15 working days where practicable; and o Identifying how the needs of non-English speaking residents will be met in the case of public meetings where a significant number of non-English speaking residents can be reasonably expected to participate. 7. The NEPA (40 CFR 1500-1508) and Part 58 prohibits the commitment or expenditure of federal funds until the environmental review process has been completed and the state receives a release of funds. After application the application for federal funds has been submitted but before the release of funds has been issued, applicants must avoid any and all of the following actions: o Expenditure of federal funds; o Actions that would have an adverse impact--- e.g., demolition, dredging, filling, excavating; o Actions that would be "choice limiting"--- e.g., acquisition of real property; leasing property; rehabilitation, demolition, construction of buildings or structures; relocating buildings or structures, conversion of land or buildings/structures. o Bids for actions that may have an adverse impact or choice -limiting actions. Byrd Anti -Lobbying Certification The undersigned certifies, to the best of their knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions, 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly, 4. Any person who fails to file the required certification shall be subject to a civil penalty of not less than Printed By: an 1/31/2023 2 of 3 Neughl;aorlyo Software $10,000 and not more than $100,000 for each such failure. Chief Elected Official/Exec uti*Director/President **Not signed Date Printed By: on 1/31/2023 3 of 3 Ne ghh r y Softw re J. Program Requirement: Lawful Presence No data saved Case Id: 33317 Name: Victoria Village TAHG - 2021/22 Address: 225 Park Ave J. Program Requirement: Lawful Presence Please review the following information. Verification of Lawful Presence of Beneficiaries Federal laws require Grantees to verify the lawful presence of beneficiaries of public funds. The requirements to ensure lawful presence vary by the funding sources used to finance projects, as follows: Federal HOME Investment Partnership, Community Development Block Grant Programs, Neighborhood Stabilization Program, or National Housing Trust Fund If the funding is HOME, CDBG, NSP, or HTF, the Welfare Reform Act does not require a non-profit charitable organization to determine, verify or otherwise require proof of lawful presence. If the managing member is a non- profit or if the general partner of a LIHTC ownership entity is a non-profit, this also applies. If the funding is provided to a for-profit, government, or quasi -government entity, all adult family members will have to sign a Declaration of Residency form. State of Colorado funds (HDG, HDLF, or CHIF) Per Colorado HB 21-1054, public or assisted housing is exempted from the requirement to verify lawful presence in the United States, unless otherwise required by federal law. I agree to provide and maintain the legal resident requirements as described above. Signature, Chief Elected Official/Executive Director/President **Not signed Date Printed By: on 1/31/2023 1 of 1 IPS Neighborly Software K. Program Requirement: Standard Insurance No data saved Case Id: 33317 Name: Victoria Village TAHG - 2021/22 Address: 225 Park Ave K. Program Requirement: Standard Insurance Please review the following information. STANDARD INSURANCE REQUIREMENTS State of Colorado insurance requirements are as follows and apply to all DOH -funded projects. Grantee and its sub - grantees and subcontractors shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. Grantee Public Entitles If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the Governmental Immunity Act"), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under such Act. Grantee shall show proof of such insurance satisfactory to the Department, if requested by the Department. Grantee shall require each grant or contract with a sub -grantee or subcontractor which is a public entity, providing Goods or Services in connection with this Grant, to include the insurance requirements necessary to meet sub -grantees liabilities under the Act. Non -Public Entitles If Grantee is not a "public entity" within the meaning of the Governmental Immunity Act, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements with respect to sub -grantees and sub -contractors which are not "public entities". Sub -grantees and Subcontractors Grantee shall require each contract with a sub -grantee or subcontractor, other than those that are public entities, providing Goods or Services in connection with this Grant to include insurance requirements substantially similar to the following: Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of sub -grantee or subcontractor employees acting within the course and scope of their employment. General Liability Commercial General Liability Insurance written on 150 occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: Printed By: on 1/31/2023 1 of 3 Ne gh@:a rly Softy • $1,000,000 each occurrence; • $1,000,000 general aggregate; • $1,000,000 products and completed operations a • $50,000 any one fire. egate; and If any aggregate limit is reduced below $1,000,000 because of claims made or paid, sub -grantee or subcontractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Grantee a certificate or other document satisfactory to Grantee showing compliance with this provision. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit of $1,000,000 each accident combined single limit. Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Primacy of Coverage Coverage required of the sub -grantee or subcontractor shall be primary over any insurance or self-insurance program carried by Grantee or the State. Cancellation The above insurance policies shall include provisions preventing cancellation or non -renewal without at least 45 days prior notice to the Grantee and the State by certified mail. Subrogation Waiver All insurance policies in any way related to the Grant and secured and maintained by Grantee's sub -grantees or subcontractors as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. Malpractice/Professional Liability Insurance Professional Liability Insurance Policy may apply in the minimum amount of $1,000,000 per occurrence and $3,000,000 in the aggregate, written on an occurrence form, that provides coverage for its work undertaken pursuant to this Grant. If a policy written on an occurrence form is not commercially available, the claims -made policy shall remain in effect for the duration of the Grant and for at least two years beyond the completion and acceptance of the work under the Grant, or, alternatively, a two year extended reporting period must be purchased. Certificates Each of Grantee's subcontractors and subgrantees shall provide certificates showing insurance coverage required hereunder to Grantee within seven business days of the Effective Date, but in no event later than the commencement of the Services or delivery of the Goods under the subcontract or subgrant. No later than 15 days prior to the expiration date of any such coverage, each subcontractor or subgrantee shall deliver to Grantee certificates of insurance evidencing renewals thereof upon request by the Department or at any other time during the term of a subcontract or subgrantee, Grantee may request in writing, and the subcontractor or subgrantee shall thereupon within 10 days supply to Grantee, evidence satisfactory to Grantee and the Department of compliance with the provisions of this section. Printed By: on 1/31/2023 2 of 3 H Neighborly Software I agree to provide and maintain the insurance as described above . Signature, Chief Elected Official/Executive Director/President "Not signed Date Printed By: on 1/31/2023 3 of 3 Neighi>" Cy 11111111111111 11111111111111 EN 1111 11111 111 11 111111111 111111111 111111 tlhliis its dine proof of your ad schedulled to run iilln IMiddllle Park "'t limes on the, dates iiondiicated hello VV. Ilf changes are needed, please contact us Ippu liolr to deadline at. (97 ) 887-3334. Notiice II I1) II11CIMOhyg4IY1.wII:DD2INx:l..Gflku ll1Proof t.fllidated, :Daunt. 31., 2023 at 02:4glpnn MST' �dot.iice. IINValrrnee: 8C11:)09 IDU....A Grant AIpIplliicat.iiolrn 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....JI II9c If:::0lI:: Alntoiilnelte McVeigh amcveligh@town,.fraser.co,.us (970) 726..549:➢. Collaulnluus Wide : 1 02/09/2023: Other Aifiiidaviilt Fee Milddlle Park liilnroes Ad CIlass.: Il....egalls Subtotal .Tax I::'Iroc0sang Fee 13.66 4.00 $1.7.66 $0,0O 81.,..7..7 V III $19.43 r ne Iown 01 Fraser wrii submit an application to the Colorado Division o1 Housing_IDOHjn The purpose of this ap�lluc tion is to request,9,619,000 to deveDop 120180 units of rental or homes for purchase at 225 Park Avenue (Victoria Village) Fraser, CO 80442 The request of funding from DOH is to benefit persons with row and moderate incomes by increasinc the availability of atforda0Oe housing in Fraser, CCI Drad0.. 11 is not the intent to cause displacement from any exlstinq houslnq; however, 11 persons are drspiaced from tneir 05151ung residences reasonable housing aoternatives snail De offered. All interested persons are erotica ed to contact the aiplicant for further information. Written comments slould be sent to TownC lerkr8sown fraser.eo us and wiiD be forwarded to DOH for consideration during the applucatlon process. Members 01 the public may attend a public meeting on Wednesday, February 15, 2023 at 6,00pm at 153 Fraser Ave, Fraser, CO 80442 to share comments and perspectives. If reasonable accommodatuans are neegdc ci for persons attending the public meetinPUBLISHED IN THE ease contMIDDLEt the rPARK TIMES ON THURSDAY, FEBRUARY 9, 2023. 8 '11)0 .A Granlr, AlpIplllicyationn Page 1 of 1 FINANC E DIREC TO R I II I II I I II II I u l I III Ip IIIIIIII I Ilili I III' �III II VIIIu '11 1 wulll Iluel uI III IIIIIIII PJIII I ���(ui;i41'o� ll ICI � lll, lf IIIIIII II�'p^pluil� f;ll�lllll �ll �IiY�j'IIi!II°IIIIIiII�Iu� LA, 0 �nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn ..11111 ""1"1"'""1111111111111111 11111111111111111111111111111111111 1 11 11 1 11 11 1 11 11 11 111 11 1111 11 11 111 11 1011 11111 11 1 111 11,1,1 ,11,11,11,11„ :11 1,1,1„ 1111111 1 ,11111 II I I I I l l i i l l l l l u l l l l l l l l l l l I I 1111,1 11 ,„1,1,1111'1 11 1II I 1111111111 II,?I���I���� n IV^ I Il ulliiiiiiiiiiiiiiiiiiill 111 1111 II IIIIIR I II II I �llll ulllll'INll'�P�Ililll'Q�II�u�i�;°,il�°I�'�plll�l��l�lllllllllllll�lllllll� mlllllll uIIIIIImYu III upiillilllillu 1111111;,IIIVI�iIlllllllllll Ium lu Illul � � � u NN N1111111111111111111111111111111111r 1 1 1111 1 1111111111111111111111111 I 11 II lulllllk'Ilallc"�'II���uM4,liP�INjul��l l l 1111 u�M,�ry ll��m 1111," "'ll'llNl 1 11111111111111111116 Il l�ii IIIIII �� ��I N A AAu aaNl�� IIIII. 111 11 11111 1II I I,IILIIIi!IIIIIIIIIIIIIL, 1111111.1 IV1�wwlwl lmmlwl m llmlwl lwi hml lm 11 11h h ��NNiq 1� m00 00m� � I I IIII I Iv1I1I1111111111111 � 1111 1 11111 111111 11111 11111111111111111111111111111111,0 111111 11 11 1 11 11 11111 1111111 1011001111111111111111111111111111111111111111111111110011100 11011111, I IIIIIIIIIIIIV 111 11 1 1 1 11111111111111111111111111111111 1111111 111 11111 111 1111111111111111 1111 11111 111111 1 11 pil �p I1111111111111 1 VIIIIIII ��) . 1111. 1 11111 11111 11111 111 1 1111111 II 1111111111 11 11 111 'IV 1 jPII LIIIIIII III IIIIuumdip, ';°I' lullll I I II II " II I II II I II I I I I'jllllll, IIIIImII1 11IIIII11111111 1'I uullllp ull'lll 1 111 1 1 11 I ;Illlill;'lillllp l il'llllll lill l lll�llllll l "" iiiiii�I I IIII ��III�II�����IIIII�IIIIIIIIIIII I��IIII 11 11 1 11 111111111 11111 11 1 11 11 1 11 11 1 11 1 11 11 1 111 11 111 111III iiiiiiiii111111 iiliiium "��I ll; I� lllllll ll lliilllllllllllllllllllllllllllliil�" 111111 I IIII Illijjjp I IIIIIIIIIIIIIIIIIIIIIIIIIIII!!III 11ml 111 11 111 11 111 11 11111 111 11 111 11 111 11 h, I IIII,IIQiiii„IIIIIIIII'I'llll l( II 11111l111 l lllllll 1�� 1 III I I III I I 11111111 IIII° il1 l,ll,lllllll II III 1 'I11111i II l;liiillll 'llll,l lullllll 1 IIIII I IIII 'iVII I' II III 11 9111111III,11,1111 11111111111„ 11,,,, 11111111111 I!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!I llllllpllllllllpum uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuumuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuii'111111 111 �...JIL (I) "'°"' VI I I III I A, A, A ftammaamma am 202 0 GF Reserves & Operations Positions GF Reserves o 2022 GF O s �IIIIII'lll II II I i�IVd IIII IIII I I 1 11 11,1' 'IIiIII , ,I, 1I, I . 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Since the n, Ih s become tremendous community asset and a s ci II hub f the community. The facility has exceed Al usage predictions nd has been extireimmelly Ilo ed faith averag daiilly isits exceeding 401 and annual) visits toppin ; 150, 00. The CPCIRC is also the training 'facility if r the inter Park Coinmpetit,i.n Center and the NatlionaV Sports Center for'itlh Disabled athletes and coaches. On 201..7, the Fraser ``°'alllley Metu°olp aRan IRecreati n District IFVMIRD) ad pit d the Parks, IRecr ation Calif Master PVVan that identified expanding the GPCRC amenities as a high priority. it allso recommended that tlha IFVIMIRD cnduuct a feasibfll ty study to determine cost sf expansi n and pa.tentiall programming PIPoirtuuniitlies. Ilia 2019, the IF'fMlRD engaged Perkins 4; W lli, the oriiginall architectural) firm, to de,, Ow a ncePtuuall design and estimated Ibuud fa it the fitness ara exp... nslion,. n expansion wrf thGPCRC firtn ss are. is needed t wt address capacity issues and the gr dmand f.r more fitness, function a0 end des° rated team tirainiin spy ice. it oulld also allllo us to increase fitness opportunities to iiirmpr. °, e our community's health and E;'ellines,s„ ..The xpansii•n '> fouulld pro id an additionall 3,300 square f t spllit into f wur distinct areas, gr a wing our existing fitness area by 61'%. Ilncllud d in the design is a ine e High intensity "Training (HOT) studlis for speciiallized orkouts and strength training, in athietiic pert rinmance testium c nsuitation room, a irne rouup exercise studio ith modular equiipment storage, and xpandliing of the existing free eii ht„ are a. The F'r'MIRD is requesting $ „ n,rn 0I from the "T ails (been c rnmiilt d fr irn the 'f Ill Sinter Park Res,rt n of "minter Park Grand C unit Grand IFound n n of (Fraser t . assist y itlh this pr ing rganizatiioin},,s: $30,000 $20, 00 $:..0, 00 1 010 c ject funds have III aim,tauirn Parks "V ark Fraser Valllley Recreation Founda u iru Cirrueirstone .undatiion CSDIP&II....P Safety Grant IPrii=Fate Donatii.ns Fireelpoirt MacM.Ran "'r'o tiru of Fraser DOLA Tier 00 I II' i0Ai $10,000 $5,000 $5,000 $5,000 $34,0 0 00 (pending) 0* (pending) 750, 0' G (pe di q) 00o and t^ discussing the project at y uur iregullair"lly schedulled meeting .irn edime,sday, February IPllease (let me Ikni.w if you need additioinall iiinf ir"irmi tiion. Siiirncerelly, Scwtk Il,,,.ediiu°n Execu.utuve Direct r Fraser Valllley IM irslpollitairn Recreation District 2 Grand Park Community Recreation Center 3,290 -square -foot Fitness Center Expansion The Grand Park Community Recreation Center (GPCRC) opened its doors on December 18, 2009 to provide citizens and guests of the Fraser Valley a much -needed community center. The GPCRC has not only become a tremendous community asset, it has also become the social hub of the community. The facility has exceeded usage predictions and has been extremely well loved with average daily visits exceeding 400 and annual visits topping 150,000. The GPCRC is also the training facility for the Winter Park Competition Center and the National Sports Center for the Disabled athletes and coaches. In 2017, the Fraser Valley Metropolitan Recreation District (FVMRD) adopted the Parks, Recreation & Golf Master Plan that identified expanding the GPCRC amenities as a high priority. It also recommended that the FVMRD conduct a feasibility study to determine cost of expansion and potential programming opportunities. In 2019, the FVMRD engaged Perkins+Will, the original architectural firm, to develop a conceptual design and estimated budget for a fitness area expansion. An expansion of the second floor fitness area is needed to address capacity issues and the growing demand for fitness, functional and designated team training space. It would also allow us to increase fitness opportunities to improve our community's health and wellness. The expansion would provide for an additional 3,290 square feet split into four distinct areas. This would add a new High Intensity Training (HIIT) studio for specialized workouts and strength training, an athletic performance testing consultation room, a new group exercise studio with modular equipment storage, and expansion of the existing free weight area. 11 1 11111 11111 11111 11111 111111 11111 1 11 11 pmmpY' 11111 11111 1 1 1111 IIII I IIIIPIIiiii, iiii it l ul 1 �� IIIII ' 1 111 , 1111101 01;1' n luau°I I IIV 1° '''P ' ;,il!6 11VI I um ili ul 11 1 'i� „1 'I uu1 1 r;,�zr/%%// IYJII�moo �lull�ll�lll lll l lllll l 100 0001 ,1010101 'pl ��� p 9111,0111111 1 VIII i i 11 0 0000 ,010 mlglllll m' II 1 ��, ��I,111vh 'd11 0� 1 1 1 1 1 11 d, MII I I � ��� 1 1 1 1 1 1 ,1 1 11 1 11 W IIIII�'6� '1 ' ,,,,1 ,1 P1 1 1 1j 11 1 11 01 I I I 11 1 11 1111 II I uI11111 1„li'lll ll II uu I IIIIIIII,11101,14IIdi' w 0, 1011101 000010 1 1 11 � '1 I�����I� 11II� 'l llllll Illppll "III'iiiullluu I II lith l Illuuu "�" lq�IIIIIIP;;111 IIII I , qp 11 II III IIIIIIII d111111111111111111111111111110 .11111 11 11 11 1 1 11 11 1 111 1 11 11 11 11 NNW N 0100n 0100 No 1 11 1 11 111 1 11 1 111 1 1 1 1111 111 11 1 111 1 11 1 111 1 1111 u IIII� um1 i� pVlNN lll p000 mil milll ml11 111 111111 111 11111 o IIIII00000�o�oiiiim00 000Vm,ll I II I� i11i11m1ii1 ° ' . �I° 1111111 ° � � � u u 11 IIII III , 1 61111 II IIII 1uul ul 1"1 II II I IIIII � I 1IIIIIIIIIIII IIII II III II I II I II I I I 1 Ip�IlNlll 'liiip liiiioo i "liiiii 111111M it 1 11111 111 11 1 111 1 1 1 11 �� 1�111�11V'� 1611111 11 6��NwWN N�VIV ul1 uu1loul1uu111111 1Iiiliil 11 1,1 1111 1 11111 1 111 1 11111111111111111111 1111111111111 111111111 111 ,M'rvi VIIINE1111, uirvwnwnrrrrrnmmnnmmnrvm� diil „d6 ,m 1 lllil wl � w a 6Ni1 11111 1 i1 pI'I 1100011 go 111111111111 1 lg ll kk II 1 MI�i III I m 111u1111 PVQWWW�I � I�WW� �A'A'A'AQVIW�I� WIU IW PAiAiA'AP ! 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I I !I 111111 1 1 1 1 1 1 01111111111111111111111111111111111 Ni �1111 1111 0 , 11,I IIPII u!,yl 111 1 VI II u�'IY1IIiIi „ IuVll'' " p . 1111111°11 ll Expansion of current fitness center by 850 square feet 1 1 11 111 11 111 11 111 11 111 ,. . NEW 740 square ft Group Exercise Studio 10.1 11111 �I0„1l0, 1111111111111 011 l"11 11! Ilull IlCllflll I l l l l l l l l 1111111������� 111111111 ������I11111111111111l l l l l l l l l l 111 r 1II,V!A!III�i101111 1 1 1 1 j 1„ I�III II I 111 ;;!;, Illl11iII111,"�I�I�I1011Illlil llll Il i llllllllllllllllllllllllllmm Illllllllllllllllllllllllllllllllllllu NEW 1700 Square Ft High Intensity Interval Training (HIIT) Studio VI IYI II uuuuuum f/ d1W`inlW'�WW�IN">i` ;; U' IIuR�ul'�,. ' 111"1 1'11 1 IIIIIIIII 11111111111111111111uG, � Y II muuulll11°°°°°°°1111 0111,0 miuuuuuuuuuuuuuuuuuuH1111111111111uuuuuiiuuuuuuuuullllllllllll111111lllllV I'I 'gl'VI„loll m 111 11 111 11 111 11 111 11 111 11 111 11 1 11 1,, Expansion of current fitness center by 850 square feet I11111111iffil. , lllll�l 1 Y�11'! a 1 ,,, , V19�o1 u1u11 .. a I I IIIiIIY�I1111YIIl111110ll11 mm 1111111,111111°,p IYIi p!IIIIVIIIiAnln�mnBh�!„�6,, 1111,111111111111„111111111111111111111111111,1 1, j olll w' "" IIII ""�ui I�Ilbll�lll61'� N umdllllYi^� IIIIIIIII r, ' 1 11 1111 1 ''... ..,1.11.1111111,11,111111111 l l l 1111 plir Yuu",I 11111)))011,,„ Mil lllllluupll 1111111111 11 1,11111111111:1 IIIIIIII if 11111111 0 „IIV"ilf11Plu"""v IIIII oeur 61y 1, 11 111 11 11.111111111111 111.. '1111'1'11'11111'11,1111' 1.111 .11'1(11,1,1 '11' 1 11,1,1 I I I I I 11 1111111111111111 IP � 1111111, 11111,1,1,11111,111,11111111111111111,11, nY u�ia u IIUI 1 U11 !l �, A l i 11111' ' 1Urh No I I� � IIIIIIN1�uU �I , ��U1 v ��11i,1 i . mml �I,II�UIh ��aviu `aka �,� 2114 14/e 11111 111 1=111111111 NEW 740 Square Ft Group Exercise Studio 0,,0,0,,,,,,,,,,,0, rr «000;;0 i,1g;II61ti' 4� i ll v4' rii' 0i'l'},ii0 Plan Description Interior finish upgrades including new fitness flooring, paint, LED light fixture replacement. New addition on existing balcony slab designed for floor loading. Includes removal of roofing and drainage, new construction of 3,290 square feet of interior fitness space would increase current space by 60%. This would include: • New 1700 square foot high intensity training (HIIT) studio for specialized workouts, strength, functional and team training space. • Expansion of the existing fitness center by 850 square feet for additional equipment and open plyometric and resistance training • New 740 -square -foot group exercise studio with resilient wood flooring, mirrors and modular equipment storage. Cost Summary 3,290 -square -foot addition (60% increase of space) Soft Costs (Architectural Fees, Permits etc.) $ 181,380 Construction Costs High Intensity Interval Training Studio Free Weight Area Expansion Group Exercise Studio Wellness Evaluation Room Renovation Construction Costs Fitness Flooring & Equipment Project Contingency TOTAL $ 680,000 $ 340,000 $ 296,000* $ 48,000 $ 147,500 $ 194,280 $ 100,000 $ 1,987,160 Donate Today I would like to support the Fraser Valley Recreation Foundation in providing the opportunity to expand the Grand Park Community Recreation Center Fitness area to meet our growing community. If you would like to donate in another manor, ie. in -kind or stock donations, please contact us directly. Your donation is tax deductible and you will receive a donation receipt. $5,000 $10,000 $15,000 I would like to make a donation of... Donor Recognition We are working on designing an on -site permanent display to recognize our "Heavy Weight" donors and celebrate our generous supporters. Please make check payable to Fraser Valley Recreation Foundation and mail your donation to the: Fraser Valley Recreation Foundation PO Box 1331 Winter Park, CO 80482 For additional information please contact scott@fraservalleyrec.org ttfifi01 raser Valley Rec cimacitiolb It is the mission of the Fraser Valley Recreation Foundation to solicit, collect and manage contributions including, monetary, real and personal property. These contributions shall be used to initiate, support and continue recreational programs, cultural events, health and wellness projects and education opportunities for the benefit and enjoyment of residents and visitors of the Fraser Valley, as well as, support and maintain venues and facilities used for these opportunities. Funds shall also be used to offer scholarships and financial assistance to Grand County residents for access to these opportunities. 2023 KFFR Funding Request for the Town of Fraser KFFR is seeking $15,000 in funding to help kick start a new position that will become sustainable within a year. KFFR has hired an Executive Director. Thanks to funding help from other municipalities including Winter Park, Grand Lake and Grand County, we are on our way to covering the start up costs for this position. KFFR needs this increased staff to support the level of service that our community deserves. This position will help us produce live broadcasts from events in Fraser and beyond. We will also be able to enhance youth participation through accepting more interns and hosting locally produced youth programming. Thanks to increased capacity, the funding for this position will become sustainable through increased membership donations, event income and business support. We expect to: Increase local business support by at least 20 percent in FY 2023; Increase individual donors and donations by at least 10 percent; Increase our online listenership by at least 20 percent. And this will assist in the production of original programming that highlights Fraser events and businesses while providing guests a way to stay connected to the town by listening to the station at kffr.org via the online streaming platform. So far, we have received $4,000 from Winter Park, $4,000 from Grand County and S4,000 from Grand Lake. Our previous support from the Town of Fraser helped us leverage support from these nearby municipalities. KFFR seeks $15,000 in funding to increase service capacity for Fraser and county -wide. We will do this by funding the Executive Director staff position. Fraser's support would bring us within $15,000 of funding this $37,000 salary. We are in a position to grow thanks in no small part to the Town of Fraser's infusion of $20,000 in the wake of the COVID pandemic in 2021. We were able to bounce back and build a professional broadcast studio. The studio has enabled KFFR to improve our professionalism and broadcast level of service. You have helped insure a stable radio signal that can be heard at 88.3FM and online at kffr.org without interruption 95% of the time. We are Fraser's funky radio station and in the last year we have trained dozens of new volunteers from Fraser and served the community through broadcasting in the form of local interviews, hosting local music, promoting Fraser events and broadcasting live from Fraser businesses and events. We have hosted local youth and will be producing programming featuring local youth through classroom partnerships. Funding for KFFR goes directly into service to the community. Fraser's support is vital to help fund our potential and inspire others to provide support. Please enjoy the attached PDF highlighting our successes from 2022. Thank You! Submitted by Steve Skinner and Ryan Wilson KFFR Community Radio 970 726-5337 info@kffr.org 2022 HIGLIGHTS UPGRADES IN TECHNOLOGY PROJECT [O PERATION STUDIO [ TOOLS NEW SAS DIGITAL AUDIO BOARD BUDGET S15:oo0+ GOAL Upgrade technology for the best radio broadcast possible. CLIENT IKFFRI 14,594 onli ne Listeners 87% STL Conn ectio n go KFFR moved into a new studio with state-of-the-art URti'°e since July broadcast equipment in 2022. We also upgraded cu r Studio Transmitter Link (STL! to provide more uptime and a better sounding signal. This involved mov ing our transmitte r to the to p of Filchers Restaurant and posi- tioning the to wer receiver to link together. In 2023 we are working with builders in do wntown Fraser to build a permanent steal beam that we can attach to and provide an almo st perfe ct line of sight. This will pre vent dro ps in the broadcast. We also upgrade d our online stre aming to allow unlimited simultaneous listerners at the fraction of the cost. 71% " 49% Between Women 4o -6g list eners 62% 23 % Listened to liste n to KFFR stay 4-6 years connected REMOTE BROADCASTS PROJECT IKFFR O UTREACH] TOOLS REMOTE BROADCAST NUM BER OF REM OTES IN 2023 7 - Troubleso me Fest: Art in the Park, M otet, Granby Ranch. 3 Local busine sse s. GOAL Establish partne rship with Blues Society and KFFR. Using re mote bro adcast gear KFFR fe atured the yo uth stage at Blue s from the Top. Following the day event, KFFR hoste d a Live show at the KFFR studios with Todd Park Mohr CLIENT Non -Profit organizations in Grand County. When KFFR broadcast the youth stage at Blues from the Top, everything changed. This project introduced the capability of re mote broadcasts on KFFR at 88.3FM. The success of this first show has increased c ur reach througho ut the co unty, \X/e have now worked with a dozen no n -profits and are continuing to foster theses re lations. Co mplimenting the remote broadcast, the same equipment has give n KFFR the ability to host live sho ws in the studio , and record sets for archiving and submission to the KFFR music library. COMMUNITY RADIO = LOCAL DJS PROJECT IKFFR DJ Training] TOOLS Sound Board Time = Great Programming NUM BER OF ACTIVE DJS 28 GOAL Train the sound of Grand Co unty. CLIENT IKFFR CJs] KFFR pro vides community acce ss to the local airwaves. Our pro gramming is ho ste d by lo cal vo luntee r anno unc- ers who serve the community through broadcasting. In addition to sharing their passion for music with Grand Co unty they broadcast vital lo cal information inctuding weather, events, ski conditions, road conditions, inter- views: public affairs, and breaking news. KFFR gives vo ice to a bro ad se gment of loc als voices fro m kids to seniors. YOUTH ENGAGEMENT PROJECT (Youth Internships and Youth Radiol TOOLS Time Sound Bo ard FUNDING Board of County Commissio ners and Grand Foundation GOAL Giving youth a vo ice on the radio in prime time e mpo wers yo ung people and makes them fe et heard and appreciate d. PARTNER (East Grand Scho ol District] KFFR engages with loc al students from ele menta ry schoo l to high school Our student inte rns have le arne d a myriad of skills like editing and listening ,which helps them prepare for the future. Our youth go live on the air with musical e xploratio n, interviews white the y learn important life skills. Our audience gets to listen in on what is impo rtant to young people. In 2023 the re are plans to host a yo uth fo rum, the re are o pportunities for expansion at the ne w CTE building at Middle Park High Schoo l, and we will work with middle schoo l and e le me ntary age d youth to cre ate he alth an d human service PSAs. "My internship at KFFR has opened a d oor to s omething I never th ought ab out trying . Being an intern at KFFR is a lot of f un and is a v ery unique opportunity. Having a lov e of musi c, I wa s always interested in radio but never th ought of trying it myself. KFFR gave me an opp ort unity to just go a nd p ursue s omething new th at I had no idea if 1 w ould enj oy or be any g ood at. I h ope to c ontin ue to be p art of the community radio st ation here in Gra nd County even after my int ernshi" PARTNERSHIPS PROJECT (Partnerships in Pro grarn mingl TOOLS DJ Time: Organizatio n, Underwriting BUDGET $2000 GOAL Support local non -profits and establish partnerships CLIENT ILocal No n -Profits] Local non -profits depend on KFFR to help get the word out on the ir e vents and activities. KFFR provides a con- ne ction to internatio nal ne ws by airing Demo cracy No w every weekday morning. KFFR also probes the corners of the co unty by broadcasting live from fe stivals: fo - rums, busine sses and mo re . KFFR also highlights local and regional musicians Live on the listening room stage and through in -studio performances. The weekly com- munity calendar keeps locals info rmed of activities from Kremmling to Berthod Pass. Co mmunity and municipal financial suppo rt and busine ss sponsorships have bolstered our capabilities with remote broadcast equipment, a professional broadcast studio and live so und e quipment. e12+firs 7 rive remotes $3000 + raised 0 lIII Iq!ullllu%'vpr,%,,0,00 I & 1 111111 � ni III,I IIIIuIRIhJ'(NiV0000ull ! �1Ijl II NIINIIINuuul,, ll0l'' w i 0u11 " 1 010 00 1010 IIIII11 011 ,000,00,01001001010 "0"01000, 111000 00 "I 01111 k '1�1'11 g lr'Y, fl % ' 000"4 1„000000 "�Y'11110 I pp 1 1110 I, I Ip II�Vl l�lll llulll I 1„,00,4 10 00000000 101,0 000 401" 1001011111 11 11111111111 i 11111111�� 1Ildlllllllllll�m ��� „lip ,00000000000001000060r 1011010101011111011111111111111111111111111111111111111111111111111110001111111111111111 00 00000000000000000000000000000000000001001111111000101000000, I';'u l w 111000011111111100000000111100000001111100000000000000000000 m 11 11111111 (( 11U I 11111111 11111 IIIIIIII,;;IIII. 1 11 0 1 1 11 11 1 11 11 1 1 1 1 11 11 1 11 11 1 11 11 1 11 111 1 f j' 0 0 000000000000 0000000000000000000000 11 11 11 11111.1111111111111111111111111111111'1.1)" 1 111 1111111 111 11 11 11 111 11 111 11 111 11 111 11 1 1 uuul11111111111 uuuu1111111gllll 1111111111111111 1111111111111111111IIII 111111111111110 1 11 111 11 111 11 1 I III II III II I11 11 11; 11 111 11 111 11 111 11 iiiiiiiiiiliiiiiiiiiiiiiiiiiiiiiiiiiii'iiiiiiiiiiiiiiiiiiiiii 'I1'I �I IIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII4 IIII uuuuuuuuuuuuuuuu°°°uuuuuuuuul��� JJ9"1 uuu11111Hlllll���� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII .1, 11 11 111 11 111 11 111 11 111 11 111 11 111 11 11 III „„„",00,1001111111111111111111111110 00000 0 0000000000000000000000000000000000 0000000011 11 111 11 111 11 111 11 1 0,000000000000000000000000000000 'I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0000010100l ' I?i' 111111 ', 1 duuuuuuuuuuu0u ' p' 1 1 1 1 1 1 1 1 9 111111111111111111 �1 luu 1111111111111111 m00i!00r1 10 II 111111001 iil lliililll 10111 11, I0,01,101,11,101010101,101010101,1,110, l lll l '1010,1,1,01,000,10,010,0000101,0 t 1 10, 1110„10^gill ' �Illllllpl^,lu \ ucEsucuEuu P PURSE PRESIDENT L TREASURER! SECRET ARY BOARD MEM7 R k « aw> 1• KFFR COMMUNITY ven vvilwn. txecotive m ! IIT 11 TOWN OF FRASER ORDINANCE NO. 492 Series 2023 AN EMERGENCY ORDINANCE AMENDING CHAPTER 19, LAND DEVELOPMENT CODE OF THE FRASER MUNICIPAL CODE REGARDING SUBDIVISION IMPROVEMENT AGREEMENT (SIA) TO BE IN ACCORDANCE WITH COLORADO REVISED STATUTES WHEREAS, the former statutory mandate that employers certify they would not hire "illegal aliens" for public contracts is now obsolete. With the passage of Senate Bill 21-199 in 2021, the legislature prohibited consideration of lawful presence when negotiating public contracts. WHEREAS, Senate Bill 21-199 amended C.R.S. § 13-76.5-103 ("Lawful presence consideration prohibited"), to now say: Notwithstanding any law to the contrary . . . on or after July 1, 2022, lawful presence is not a requirement of eligibility for state or local public benefits, as those state or local public benefits are distributed by any state agency, political subdivision . . ., or home rule municipality. "Public benefit" is defined by federal statute to include "any . . . contract . . . by an agency of a . . . local government." NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: Part 1: AMENDMENT OF MUNICIPAL CODE. Chapter 19 (Land Development Code), Appendix 3 of the Fraser Municipal Code (herein sometimes referred to as the "Municipal Code") is hereby amended as follows [Note: additions are shown in bold underlined print; deletions are shown as ctrikcthrough print]: Appendix 3, line item 40. Illegal Aliens. Illcgal Alicns. By its signaturc on this Agrccmcnt, Subdividcr ccrtifics that, as of thc who will perform work u-dcr tlicc Agrccc-mcnt and -that, Fcr tom employment eligibility „f all employeeo wh„ arc ncwly hired for employment to perform work undcr this Agrccmcnt, Subdividcr will participatc in thc c vcrify program or department program, as defined in C.R.S. 8 17.5 101. Subdivider agrees that it shall not knowingly cmplo ccrtify to Subdividcr that thc subcontractor shall not knowingly cmploy or contract with any illcgal alicn to perform work undcr this Agrccmcnt. Subdividcr has confirmcd thc cmploymcnt cligibility of all cmployccs who arc ncwly hircd for cmploymcnt to perform work undcr this Agrccmcnt through participation in cithcr thc c vcrify program or dcpartmcnt program, as dcfincd in C.R.S. 8 17.5 101. Subdividcr shall not use thc c verify program or department program procedi gyros to undertake preemployment screening of job applicants while work undcr this Agrccmcnt is bcing performcd. If ractor performing work undcr this Agrccmcnt knowingly employs or contracts with an illcgal alicn, Subdividcr shall: (1) knowledge that thc subcontractor is cmploying or contracting with an illcgal alicn; and {2) tcrminatc the subcontract with thc subcontractor if, within thrcc days of receiving thc noticc rcquircd hcrcin, thc subcontractor docs not stop cmploying or contracting with thc illcgal alicn; cxccpt that Subdividcr shall not tcrminatc thc contract with thc Department is undertaking pursuant to the authority established in C.R.S. 8 17.5 101 {5). If Subdividcr violates a provision of this paragraph, thc Town may tcrminatc this Agrccmcnt for broach of contract. If thc contract is so terminated, Subdividcr shall be liable for actual and consequential damages to thc Town. Subdividcr understands that, in thc event of such a termination, thc Town is rcquircd to notify thc officc of thc Colorado Sccrctary of Statc. Part 2 Emergency Declaration. The Board of Trustees of the Town of Fraser hereby finds, determines and declares that an in order to abide to Senate Bill 21-199 amended C.R.S. § 13-76.5-103 this emergency ordinance is necessary. The Board of Trustees further determines that the adoption of this ordinance as an emergency ordinance is in the best interest of the citizens of the Town of Fraser. Part 3: Effective Date. Pursuant to Section, C.R.S. § 31-16-105, this Ordinance shall take effect and be in full force upon adoption of this Ordinance by the affirmative votes of at least six (6) members of the Board of Trustees. Part 4: Repeal. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. Part 5: Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. 2 Part 6: Publication of Ordinance. This ordinance shall be published in full within ten (10) days after adoption, or as soon thereafter as possible as required by law. ADOPTED AND APPROVED as an Emergency Ordinance this day of 2023. Votes in favor: _ Votes opposed: Votes abstained: (SEAL) Published in the Middle Park Times on BY: BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO Philip Vandernail, Mayor ATTEST: Antoinette McVeigh, Town Clerk 3 THE WHITMER LAW FIRM, LLC • www.whitmerlawfirm.com • Physical: 63331 U.S. Hwy. 40, Granby CO 80446 Mailing: P.O. Box 38, Hot Sulphur Springs, CO 80451 Phone 970.725.3460 Kent H. Whitener (Kent@whitmerlawfinn.com)t William G. Berry (Will@whitmerlavkfrrrn.com)t Scan C. Lemieux (Scan@whitmerlawfrrm.com)0 Kaitlin Randall (Katie@whitmerlawfirm.com)0 MEMORANDUM TO: Monica Kopf FROM: THE WHITMER LAW FIRM DATE: February 2, 202.3 RE: Subdivision Improvements Agreement Template Updates Monica, Our firm recommends an update to the Subdivision Improvements Agreement template found at Appendix 3 of Chapter 19 of the Fraser Town Code. Included with this memo is our proposed changes, which removes Paragraph 40 of the template. As the Board can see from the enclosed statutes, the former requirement that employers certify they would not fire "illegal aliens" has been removed. Under House Bill 21-1077, the term Illegal Alien, which once was required, is now prohibited by statute. In its place, the legislature required "Unau- thorized Worker." With the passage of Senate Bill 21-199 later in 2021, the legislature deleted the requirement altogether (see top of Page 8 of SB21-199). Along with that deletion came amendments to C.R.S. § 13-76.5-103 ("Lawful presence consideration prohibited"), which now reads: Notwithstanding any law to the contrary . . . on or after July 1, 2022, lawful presence is not a requirement of eligibility for state or local public benefits, as those state or local public bene- fits are distributed by any state agency, political subdivision . . . , or home rule municipality. "Public benefit" is defined to include "any . . . contract . . . by an agency of a . . . local government." Therefore, Paragraph 40 must be removed from the template SIA found in the Town Code. Please contact my office with any questions you or the Board may have. Sincerely, k4)1"" Kent Whitmer, Town Attorney CC: Ed Cannon $ licensed in Colorado, Wyoming, and Montana j Licensed in Colorado, Wyoming, and Alabama 0 Licensed in Colorado TOWN MANAGER EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement"), is made and entered into this 15th day of February, 2023, by and between the TOWN OF FRASER, a Colorado municipal corporation, hereinafter known as "Town" and MICHAEL C BRACK, whose address is Post Office Box 900, Fraser, CO 80442, hereinafter known as "Town Manager" or "Employee." WHEREAS, the Town is a municipal corporation of the State of Colorado that provides various municipal services to the residents, taxpayers and inhabitants of the Town of Fraser. WHEREAS, the Town seeks to provide for the services of a Town Manager to successfully and competently perform the functions of such office, and State law authorizes the Town to contract with persons to provide services for the good of the Town. WHEREAS, the Town desires to employ the services of Employee for the office of Town Manager of the Town of Fraser, Colorado; and, WHEREAS, the Town and Employee desire to set forth certain specifics concerning the employment of Employee by the Town, and to establish conditions of employment and working conditions; and, WHEREAS, the Employee desires to accept employment as the Town Manager of the Town of Fraser under the terms and conditions set forth herein. NOW THEREFORE, in consideration of the following mutual covenants and conditions the parties agree as follows: I. INCORPORATIONS A. The foregoing recitals are incorporated into and a made a part of this Agreement. B. The Employee Handbook, as adopted by the Town Board of Trustees and as such Handbook may be amended from time to time, is incorporated into and made a part of this Agreement. In the event of any inconsistency or any conflict between the Handbook and this Agreement, the provisions of this Agreement shall control. By executing this Agreement, Employee confirms receipt of a copy of the current Employee Handbook and understands and agrees to all provisions included in the Handbook. II. EMPLOYMENT AND JOB DUTIES A. The Town agrees to employ Employee as the Town Manager to perform the functions and duties specified by (1) Colorado State Statutes; (2) the Municipal Code of the Town of Fraser; (3) the functions and duties set forth in the job description attached as Exhibit A and incorporated into this Agreement; (4) any other applicable laws, ordinances, or regulations of the Town of Fraser. In addition, the Town Manager agrees to perform any other legally permissible and proper duties and functions as the Mayor or Board of Trustees of the Town shall from time -to -time assign to the Town Manager. The Town Manager is under the supervision of the Mayor and Board of Trustees. B. The Town Manager is a full-time position and Employee will devote appropriate time, attention and energy to fulfilling the responsibilities of the position. Employee shall not undertake outside employment, consulting work or other professional obligations without the prior approval of the Board of Trustees. C. The parties understand and agree that the unique nature of the municipal management function and the position as chief executive officer of the Town requires that the Town Manager will have to expend additional work time beyond the regular office hours of the Town offices. Accordingly, the Town Manager shall work minimum hours that coincide with the regular office hours of the Town offices. In addition, Town Manager shall work all hours as are needed to effectively perform the duties and functions of the position, including but not limited to attendance at meetings of the Board of Trustees and any of its subcommittees and at meetings of other governmental bodies at which matters under the Town Manager's authority are the subject of discussion or deliberation. Employee understands and agrees that the position may require (1) more than 40 hours per week; and (2) that services be performed during evenings, weekends, and holidays. D. The parties agree the position of Town Manager is an exempt administrative or executive non -covered position under the provisions of the Fair Labor Standards Act. As such, the Town Manager shall not be bound by the recordkeeping or overtime provisions of the Act and shall not be entitled to overtime pay for any work in excess of 40 hours per week. E. Performance Review. Town Manager shall receive a performance review after six (6) months in the position and, thereafter, on an annual basis if employment is continued or as otherwise needed or requested. It is the duty of Town Manager to arrange a performance review with the Board of Trustees. III. TERM OF AGREEMENT A. Subject to paragraphs III(B) and (C) below, Employee shall serve as Town Manager from March 6, 2023 to December 31, 2023 (the "Termination Date"), unless sooner terminated in accordance with this Agreement. If Town Manager wishes to extend the term of this Agreement, then no earlier than October 1, 2023 and no later than November 1, 2023, Town Manager shall request a renewal or extension of this Agreement. If this Agreement is not affirmatively renewed or extended by the Board of Trustees in writing within thirty (30) days of the request, then it shall terminate on the Termination Date. B. The Board of Trustees may terminate the Town Manager's employment at any time, with or without cause. The parties agree that termination for cause shall include, but not be limited to, termination because the Board of Trustees is dissatisfied with Town Manager's job performance, insubordination or conduct unbecoming an employee, or because of Town Manager's conviction of any illegal act involving personal gain to the Town Manager, any felony conviction or due to any act of moral turpitude or dishonesty. C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Town Manager to resign at any time upon sixty (60) days prior written notice. In the event Town Manager resigns, or announces an intent to resign, with an effective date more than 60 days from the date of resignation or announcement, the Town, at the sole discretion of the Board of Trustees, may make the resignation effective 60 days after Town Manager submits the resignation or announces an intent to resign. Exercise of such discretion shall not be construed as termination without cause and Town Manager shall not be entitled to severance pay. IV. COMPENSATION AND BENEFITS A. Salary. The Town agrees to pay to the Town Manager for services rendered pursuant this Agreement an annual salary of One Hundred Fifty -Five Thousand Dollars ($155,000.00), payable in installments in accordance with the Town's payroll policies and subject to withholding for state and federal taxes and other deductions. This salary shall remain in effect until modified by the Board of Trustees. B. Paid Leave. Town Manager shall accrue paid leave in accordance with the provisions of the Employee Handbook and other applicable Town personnel policies. C. Town Vehicle. The Town Manager is always on -call and the duties require substantial travel throughout the Town, County and State. Town Manager shall comply with all applicable Town policies and procedures with respect to the use of a Town vehicle, except that Town Manager may use the vehicle for reasonable personal use as well as business use. Town Manager shall keep adequate records of any personal use and shall be responsible for all income tax liability arising out of or in any way related to personal use of the vehicle. D. Health Insurance and Retirement Benefits. Town Manager shall be entitled to participate in the Town's health insurance and retirement plan programs in accordance with the provisions of the Employee Handbook and other applicable Town personnel policies. E. Severance Pay. 1. In the event Town Manager's employment is terminated without cause, Town Manager shall be entitled to six months of severance pay at the monthly salary provided above, plus continuation of health insurance benefits received by Town Manager at the time of termination for a period of three months. Provided, however, if Town Manager becomes employed by an employer who offers health insurance benefits, then continuation of health benefits under this Agreement shall cease at the time Town Manager becomes eligible for health insurance benefits from the new employer. Town Manager shall have a duty to notify the Town immediately upon accepting employment with health benefits available. Payment of severance and continuation of benefits shall be payable in installments in accordance with the Town's payroll policies and subject to withholding for state and federal taxes and other deductions. Town Manager shall not be entitled to continuation of any benefits other than health insurance during the severance period. 2. If Town Manager's employment is terminated (a) for cause; (b) because the Town Manager fails to timely request renewal or extension as required in paragraph III(A); or (c) because Town Manager resigns, then Town Manager shall not be entitled to any severance pay or to continuation of health insurance benefits. In such circumstances, Town Manager shall only be entitled to (a) wages earned as of the date of termination; and to (b) accrued, unused vacation time as of the date of termination. If Town Manager timely requests extension or renewal of this Agreement under paragraph III(A) and the Town Board does not extend or renew, this will constitute termination without cause, unless the non -renewal was due to any of the following and was so stated as the reason for non -renewal: (1) the Board of Trustees was dissatisfied with Town Manager's job performance; (2) the Town Manager was insubordinate or participated in conduct unbecoming an employee; (3) because of the Town Manager's conviction of any illegal act involving personal gain to the Town Manager, any felony conviction or due to any act of moral turpitude or dishonesty; or (4) because the Town and Town Manager cannot agree on the terms of renewal or extension by the Termination Date. 3. Acceptance of severance pay by the Town Manager shall constitute a full release of any and all claims against the Town, the Town Board and its members, and the employees and agents of the Town, which claims arise from or are in any way related to Town Manager's employment or the termination of such employment. F. Professional Development. The Town agrees to budget and pay for reasonable professional dues and subscriptions of the Town Manager necessary for participation in national, regional, state, and local associations and organizations necessary and desirable for continued professional participation, growth, and advancement, and which are for the good of the Town. The Town also agrees to budget and pay for necessary travel expenses for the Town Manager to adequately pursue official and other functions for the Town. The benefits provided in this paragraph IV(F) are subject to budget limitations and to the Town's travel policies and procedures. V. CONSTITIONALITY AND FUNDING A. Subject to Annual Appropriation. The parties agree that this Employment Agreement shall be administered consistently with Article X, Section 20 of the Colorado Constitution, which requires that any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. VI. TRADEMARKS AND RIGHTS OF PRIVACY A. Town Manager agrees that all names, trade names, trademarks, advertising, photographs (whether of Town Manager taken in the course of employment or whether taken by Town Manager in the course of employment), written materials or other ideas that Town Manager used, made or created during the term of this Agreement and within the scope of employment, whether then or later used by Town, the foregoing shall be the sole and exclusive property of the Town without additional payment or remuneration to Town Manager, nor shall use of the same ever be considered an invasion of privacy. By entering into this Agreement, Employee gives consent to the Town to use any photographs or information of or by the Town Manager, supplied to the Town by the Town Manager, for any purpose. To the extent any such matters are registered with an appropriate agency, the same shall be done in the name of the Town. Any use or registration shall not require any additional releases, assignments or consents from Town Manager. VII. RESIDENCY A. Town Manager shall not be required to reside within the Town's boundaries. VIII. ASSIGNMENT A. This is an agreement for personal services as Town Manager. Employee shall not sell or assign any interest in this Agreement, in whole or in part, and any such assignment shall be null, void and not binding upon the Town. IX. INDEMNIFICATION A. Town Manager shall be defended and indemnified in actions undertaken in official capacity pursuant to all insurance coverages maintained by the Town and pursuant to the terms of the Colorado Governmental Immunity Act. The Town Manager shall, however, not be indemnified for any act or omission that is willful and wanton as those terms are defined in the Colorado Governmental Immunity Act. The Town, its officers and employees do not waive or intend to waive by any provision of this Agreement the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, or otherwise available to the Town, its officers and employees. X. ENTIRE AGREEMENT A. This Agreement contains the entire agreement of the parties, no other agreements exist and all prior contracts, agreements, discussions, memoranda communications or terms are superseded by this Agreement. This Agreement may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party alleged to be bound by any such amendment, waiver, change, modification, extension or rescission. Provided, however, the Town may adopt, modify, amend, or revoke any and all separate resolutions, rules, regulations or policies concerning employment relations between the Town and its employees generally without consent of the Town Manager. Such separate rules, regulations, resolutions and policies include but are not limited to the Employee Handbook, employee leave and personnel policies and the Town's health insurance plan for employees. XI. MISCELLANEOUS PROVISIONS A. Mandatory Financial Disclosure. Town Manager shall report to the Mayor and Board of Trustees in writing any ownership interest Town Manager has in real property located within the Town of Fraser, except Town Manager's personal residence. Town Manager shall also report to the Mayor and Board of Trustees in writing any ownership interest Town Manager has in any firm doing work for the Town or from whom the Town intends to make a purchase. Town Manager shall make any report required under this paragraph no later than 30 days after the acquisition of the reportable interest or at such time as it becomes apparent the Town may be purchasing from or otherwise contracting with such firm, whichever is earlier. B. Agreement Severable. If any provision or portion of this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Employment Agreement shall be deemed severable and shall remain in full force and effect. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. For the resolution of any dispute arising hereunder, venue shall be in the Courts of the County of Grand, State of Colorado. D. No Waiver. Any delay in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any other terms of this Agreement. E. Third Parties. There are no intended third -party beneficiaries of this Agreement. F. Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, and each of such counterparts shall, for all purposes, be deemed to be an original, and all such counterparts shall together constitute one and the same agreement. Electronic signatures shall constitute original signatures for all purposes of this Agreement G. Notices. Any notice pursuant to this Agreement shall be sent by email to: 1. Town of Fraser, amcveigh@town.fraser.co.us 2. Michael Brack, Post Office Box 900, Fraser, CO 80442, michael.brack@hotmail.com IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. TOWN OF FRASER, TOWN MANAGER a Colorado municipal corporation By: By: Philip Vandernail, Mayor Michael C. Brack ATTEST: By: Antoinette McVeigh Town Clerk 120919 EXHIBIT A TOWN OF FRASER JOB DESCRIPTION: TOWN MANAGER NATURE OF WORK Perform the duties necessary to insure efficient and effective provision of all Town services. ESSENTIAL DUTIES Administrative Responsibilities • Financial Management: The Manager shall be responsible for supervising the operations of the Finance Department, including but not limited to; accounts payable / receivable, payroll, budget preparation, etc. • Public Works: The Manager shall be responsible for supervising the operations of the Public Works Department, including but not limited to; the operation, repair and improvement of the street, drainage, and park systems; managing Town buildings and other properties. • Water & Wastewater: The Manager shall be responsible for supervising the operations of water production, treatment, storage, and distribution, and wastewater collections, including meeting all State and Federal water quality standards and regulatory requirements. • Community Development: The Manager shall be responsible for supervising the operations of the Community Development Department, including both short term and long-range planning, zoning, building administration and code enforcement. • Economic Development: The Manager shall be responsible for supervising all economic development programs and initiatives. • Wastewater Treatment Plant: The Manager shall be responsible for supervising the operations of the Upper Fraser Valley Wastewater Treatment Plant and administering the Joint Facility Agreement. • Personnel: The Manager shall have the responsibility for hiring and termination all employees, except those appointed as Town Officers. The Manager shall act in a supervisory capacity over all Department Heads and employees. The Manager will have the responsibility to ensure that all employees are performing their job tasks, to review all time cards and to prepare annual employee contracts. The Town Manager will hear any employee complaint and work to resolve the complaint to the employee and Town's satisfaction. • The Town Manager shall perform the functions and duties as specified for the Town Manager within Colorado Statutes and Town of Fraser Code and to perform other legally permissible and proper duties and functions. The Manager will be under the supervision of the Mayor and Board of Trustees. Operations Responsibilities The Manager shall: • Submit a proposed annual budget to the Town Board of Trustees for consideration and act as the Town's budget officer. • Communicate issues affecting Fraser residents and businesses to these constituents. • Be responsible for submitting, acquiring and monitoring all grants for the Town. • Be responsible for all purchasing and bidding of services and goods. • Act as the Town's representative to various organizations and corporations under contract with the Town to provide certain services. • Prepare and present all reports required by the United States Government, the State of Colorado and the Town of Fraser. The Town Manager shall submit written reports to the Board of Trustees outlining the work accomplished by the Manager. • Be responsible for ensuring the compliance of all franchises with Town Ordinances or Regulations. • Be responsible in the coordination and implementation of public improvement projects. • Be the safety coordinator for the Town. The Manager shall develop, implement, and administer a safety program that promotes safety in the work place as the first priority. • Provide administrative review of contracts held by the Town. • Attend all Town Board meetings and perform tasks required by the Town Board. OTHER DUTIES AND RESPONSIBILITIES • The Town Manager shall perform whatever additional tasks required by the Town Board. KNOWLEDGE, SKILLS AND ABILITIES • The Town Manager shall possess an extensive knowledge of the affairs of local government including but not limited to; budgeting, land use planning, employee relations, public relations, financing, utility management, capital improvements planning, principles of supervision, training and evaluations, and the use of computers. • Manager should have the ability to analyze problems, interpret policies, laws, regulations and procedures, prepare clean reports and develop appropriate recommendations, communicate clearly both orally and in writing and maintain an effective working relationship with the Board and employees. MATERIAL AND EQUIPMENT DIRECTLY USED • All standard office equipment. WORKING ENVIRONMENT/PHYSICAL ACTIVITIES • This position requires mostly working indoors, sitting most of the time; exerting up to 20 pounds of force occasionally, or 10 pounds to lift, carry, push, pull or move objects. • During times of emergencies and some other times, exposure to environment and extreme weather conditions may occur. EDUCATION, EXPERIENCE AND FORMAL TRAINING • Bachelor's degree from accredited college or university with major course work in public administration or related field. • A minimum of five years experience in the field of public administration or similar industry is required. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINUTES DATE: Tuesday, January 31st, 2023 MEETING: Economic Development Committee Special Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Nicole Spiteri, Paula Stuart, Kelsey Young, Autumn Bishop Staff: Marketing and Communications Manager, Sarah Wieck; 1. Regular Meeting: Roll Call 9:05 am 2. Approval of Agenda: Kelsey moved, Nicole seconded. Motion carried 4-0 3. Consent Agenda: Kelsey moved, Nicole seconded. Motion carried 4-0 4. Discussion a. DDA — Ed Cannon a. What is a DDA b. Benefits c. Ed will provide more information b. Farmers Market — a. Dates — July 16,30 August 6, 13, 27 b. Fraser Artisan Bazaar FAB c. Nicole update rules and terms c. Mainstreet Update a. After talking with Main Street administrators we have decided Fraser isn't ready to apply. 5. Open Forum: 6. Other Business: 7. Future Agenda Items Page 2of2 8. Adjourn 10:30 am Nicole moved to adjourn, Kelsey seconded. Motion carried 4-0 PUBLIC ARTS COMMITTEE MINUTES DATE: MEETING: PLACE: PRESENT Friday, January 10th, 2023 Public Arts Committee Special Meeting Fraser Town Hall Board Room Board: Steve Fitzgerald, Caine McDermott, Lisa Baird, Kerry Crandell, Cyndi McCoy, Jerilyn Suster Staff: Marketing and Communications Manager, Sarah Wieck 1. Regular Meeting: Roll Call Steve called the meeting to order at 9:05 a.m. 2. Approval of Agenda: Lisa moved, and Cindy seconded the motion to approve the Agenda. Motion carried: 5-0. 3. Consent Agenda: 4. Discussion a. Fraser Fire & Ice i. Updates on progress 5. Open Forum: 6. Other Business: 7. Future Agenda Item: a. Page 2of2 8. Meeting Adjourned: Lisa moved, and Cindy seconded the motion to adjourn. Motion carried: 5-0. Meeting adjourned at 10:27 a.m. PUBLIC ARTS COMMITTEE MINUTES DATE: Friday, January 20th, 2023 MEETING: Public Arts Committee Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Steve Fitzgerald, Callie McDermott, Lisa Baird, Cindy McCoy, Tara Rose, Jerilyn Suster, Kerry Crandell Staff: Marketing and Communications Manager, Sarah Wieck 1. Regular Meeting: Roll Call Steve called the meeting to order at 9:05 a.m. 2. Approval of Agenda: Lisa moved, and Cindy seconded the motion to approve the Agenda. Motion carried: 7-0. 3. Consent Agenda: 4. Discussion a. Fraser Farmers Market b. Music for Mural Fest c. Fraser Fire & Ice 5. Open Forum: 6. Other Business: 7. Future Agenda Item: a. 8. Meeting Adjourned: Page 2of2 Lisa moved, and Cindy seconded the motion to adjourn. Motion carried: 7-0. Meeting adjourned at 10:45 a.m. PUBLIC ARTS COMMITTEE MINUTES DATE: Friday, January 27th, 2023 MEETING: Public Arts Committee Special Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Staff: Steve Fitzgerald, Callie McDermott, Lisa Baird, Kerry Crandell Marketing and Communications Manager, Sarah Wieck 1. Regular Meeting: Roll Call Steve called the meeting to order at 9:05 a.m. 2. Approval of Agenda: Lisa moved, and Cindy seconded the motion to approve the Agenda. Motion carried: 4-0. 3. Consent Agenda: 4. Discussion a. Fraser Fire & Ice i. Updates on progress 5. Open Forum: 6. Other Business: 7. Future Agenda Item: a. 8. Meeting Adjourned: Lisa moved, and Cindy seconded the motion to adjourn. Motion carried: 4-0. Meeting adjourned at 9:27 a.m. Page 2of2 FRASER PLANNING COMMISSION MINUTES DATE: Wednesday, January 25, 2023 MEETING: Planning Commission Regular Meeting PLACE: Fraser Town Hall and Virtual On -Line Meeting PRESENT Commission: Commissioners: Vice Chair Bob Gnuse, Chair Andy Miller, Philip Vandernail, Katie Soles, Margaret Bowles, Parnell Quinn, Joy McCoy Staff: Baseline Planning Services Julie Ester!, Town Manager Ed Cannon, Town Clerk Antoinette McVeigh Others: See list Vice Chair Bob Gnuse called the meeting to order at 6:31 p.m. 1. Roll Call: Vice Chair Bob Gnuse, Chair Andy Miller, Philip Vandernail, Katie Soles, Margaret Bowles, Parnell Quinn, Joy McCoy 2. Approval of Agenda: Commissioner Quinn moved, and Commissioner Soles seconded the motion to approve the agenda. Motion carried: 7-0. 3. Consent Agenda: a. Minutes November 23, 2022 Commissioner Soles moved, and Commissioner McCoy seconded the motion to approve the consent agenda. Motion carried: 7-0. 4. Public Hearing And Possible Action: a. Victoria Village Height Regulation Commissioner Quinn moved, and Commissioner Soles seconded the motion to open the public hearing regarding Victoria Village Height Regulation at 6:35 p.m. Motion carried 7-0. Julie Ester! from Baseline Planning Services presented to the commission. Proof of publication was provided in the packet. In March of 2018, the Town of Fraser adopted the Victoria Village Overlay District to encourage and promote attainable housing development for local residents and workforce via lower setbacks, lot areas, and floor areas. In Spring 2022, the Town acquired Victoria Village for the primary purposes of affordable housing development. Following a proposal process and awarding the Victoria Village Housing Project to a developer, discussions proceeded regarding the master planning process and any potential challenges with the overlay district that may deter the overall affordability of Page 2of2 rental and for sale units based on construction costs. As a result of these discussions, Town staff and the developer both agreed that increasing the height limitation from 45 ft. to 55 ft. would improve the developer's ability to facilitate a master planning process and allow the types of housing desired on the property with the area median incomes (AMIs) that would be required in order to cover the construction costs. Based on the location of the site, a height increase for development would have little to no effect on neighboring properties and would be able to drive down the building cost per square foot which in turn would lower the AMI associated with the buildings such as apartment complexes, and allow for underground parking, or mixed -use development. No public comment was taken. Commissioner Soles motioned, and Commissioner Vandernail seconded the motion to close the public hearing Victoria Village Height Regulation. Motion carried 7-0. Ai. PC Resolution 2023-01-01 Victoria Village Building Height Amendment Commissioner Vandernail motioned, and Commissioner McCoy seconded the motion to approve PC Resolution 2023-01-01 Victoria Village Building Height Amendment. Motion carried 7-0. 6. Other Forum: none 7. Open Business: a. Commissioner Quinn, requests more Planning Commission meetings to review rules and regulations, and discuss the number of units that require admin or commission approval. b. Commissioner Vandernail, ask developers what they believe doesn't work in the code and email staff with suggested changes. c. Commissioner Soles, should the town complete a transportation plan 8. Future Agenda Items: Special Meeting February 8, 2023. The commission will have a quorum, but the chair and vice chair will not be present. Commissioner Soles agreed to chair the meeting. 9. Adjourn: Commissioner Soles moved, and Commissioner Quinn seconded the motion to adjourn. Motion carried: 7-0. Meeting adjourned at 7:20 p.m. Antoinette McVeigh, Town Clerk