The URL can be used to link to this page

Home My Public Portal AboutTBP 2024-02-07COL 0 }i i la Board of Trustees Workshop and Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday February 7, 2024 4:30 PM- 9:00 PM Members of the Board and Planning Commission 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-kkOjlcxV28DSo Participate in the meeting through our virtual platform Zoom Meeting Information https://us02web.zoom.us/j/2590408013 Meeting ID: 259 040 8013 Phone 1-346-248-7799 1. 4:30 P.M. Workshop - (1 Hour) Height And Density Town Code Discussion With The Planning Commission- Garrett 2. 6:00 P.M. Roll Call 3. Approval Of Agenda 4. Consent Agenda a. Minutes January 17, 2024 Documents: IBM 21024.0-1 - 1 7.IFldt 10 qnn On Sheet January 1"(,. 2024.Pd1' 5. Open Forum a. Business not on the agenda (If you would like to request time on a future agenda please contact the Town Clerk) 6. Discussion And Possible Action Regarding a. (10 Minutes) Slate Communications Logo Presentation - Slate Communications b. (15 Minutes) Big Valley Update c. (5 Minutes) Resolution 2024-02-01 Appointing Town Clerk As The Designated Election Official, Recommending A Mail Ballot Election And Appointment Of Judges - Antoinette Documents: Fkaw sollutilon 20241-02.01 AIpIpoihn1L ng .down CIherlk As The IIDDesingnated EIlectilon Offihcla ll , IMaiill Ba:nIIIIUt Ell(?(tijon And Appoilintirnk rnt Of JUdlge 1Ipe:ff d. (15 Minutes) Resolution 2024-02-02 Intergovernmental Agreement With Police Department - Michael Documents: Resollutilon 20241-02.02 Ar ended And COinsollihdated 0GA Between Fraser And Wiirater Park. PollOce IDepartrnerirLpdt Arner»dkydd Arnd (onl 1fIIQMated II GA Between Fraser aser And \r hrnteir Park Pollilce 0=Delpasrtrrnent.pdt e. (25 Minutes) Byson 1.5FT Land Dedication Of Town Lot Discussion - Michael Documents: Byson .SIFT Land IDedO aatijon Of Town Lot IDihscussilon.pc0 aJVA Ju.nstiiffijcatilon Lk tter.pdt Alppendilx A - Strom `" htk IF"Ilaairn.lp f 7. Updates a. (10 Minutes) Downtown Development Authority Update - Sarah C And Antoinette 8. Executive Session a. Executive Session (15 Minutes) For a conference with the City Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402 (4)(b). For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e). Regarding Right of ways. b. Executive Session (10 Minutes) 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). JFOC Agenda c. Executive Session (1 Hour) For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402 (4)(b). 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 9. Adjourn UPCOMING MEETING WEDNESDAY, FEBRUARY 21, 2024 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: January 17, 2024 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room and Virtually PRESENT Board: Staff: Mayor Pro-Tem Eileen Waldow; Trustees; Brian Cerkvenik, Kaydee Fisher, Lewis Gregory, Parnell Quinn and, Katie Soles Town Manager, Michael Brack; Town Clerk, Antoinette McVeigh; Assistant Town Manager, Sarah Catanzarite; Finance Director, Laurie Waters; Public Works Director, Paul Johnson; Town Planner, Garrett Scott; Police Officer Donnie Ransom Others: See attached list and Colleen Cerkvenik, Matt Barlow, Clark Lipscomb, Peggy Smith, Elizabeth and Greg Bechler Mayor Pro-Tem Eileen Waldow called the meeting to order at 7:08 p.m. 1. Rollcall: Mayor Pro-Tem Eileen Waldow; Trustees; Brian Cerkvenik, Kaydee Fisher, Lewis Gregory, Parnell Quinn and, Katie Soles 2. Approval of Agenda: Trustee Soles moved, and Trustee Quinn seconded the motion to approve the amended agenda moving consent item c) Resolution 2024-01-07 Fraser Well Rehabilitation to Discussion Item e and change the Resolution to 2024-01-08. Motion carried: 6-0. 3. Consent Agenda: a) Minutes January 3, 2024 b) Ordinance 511 Amending Ordinance Numbers Trustee Soles moved, and Trustee Quinn seconded the motion to approve the amended consent agenda. Motion carried: 6-0. 4. Open Forum: none 5. Discussion And Possible Action Regarding: a) Treasurer's Report Loraine Waters, Finance presented to the Board. b) Victoria Village Master Plan Todd Mohr And Matt Ginzlaug presented to the Board. Page 2 of 2 The Trustees were not in agreement with the proforma presented and asked MADD to continue to reevaluate it. c) Ordinance 510 Amending Chapter 19 Regarding Riverwalk District Trustee Soles moved, and Trustee Cerkvenik seconded the motion to approve Ordinance 510 Amending Chapter 19 Regarding Riverwalk District. Motion carried: 6-0. d) Resolution 2024-01-07 GP The Meadows Final Plat Extension Trustee Soles moved, and Trustee Quinn seconded the motion to approve Resolution 2024-01-07 GP The Meadows Final Plat Extension. Motion carried: 6-0. e) Resolution 2024-01-08 Fraser Well Rehabilitation Trustee Gregory moved, and Trustee Cerkvenik seconded the motion to approve the Resolution 2024-01-08 Fraser Well Rehabilitation and the staff will use the town's standard contract. Motion carried: 6-0. f) Resolution 2024-01-09 Contract with Merrick & Company for Clayton Court Infrastructure Trustee Gregory moved, and Trustee Quinn seconded the motion to approve Resolution 2024-01-09 Contract with Merrick & Company for Clayton Court Infrastructure. Motion carried: 5-0, Fisher not in the room. g) Appointment to the Joint Facilities Oversite Committee Trustee Gregory moved, and Trustee Cerkvenik seconded the motion to appoint Katie Soles to the Joint Facilities Oversite Committee Motion carried: 6-0. 6. Updates: a) Workshop Scheduling, The Trustees agreed to move the workshops to 4:30-5:30 on the regular Board meeting days. b) Election Update, Town Clerk informed the Trustees about the Election page and the Downtown Development Authority pages on the town's website. Nomination petitions are due January 22, 2024. There will be a candidate debate tentatively scheduled for March 6 and March 7. c) Trustee Waldow, Thank you to the staff, Conroy Excavating, DOLA and Grand County OLART for the work and funding for the Cozen's Open Space bathrooms. d) Town Manager Brack, pre-treatment program meeting with stakeholders at Fraser Town Hall January 18. 7. Adjourn: Trustee Gregory moved, and Trustee Soles seconded the motion to adjourn. Motion carried: 6-0. Meeting adjourned at 9:35 p.m. Antoinette McVeigh, Town Clerk TOWN BOARD REGULAR MEETING REGISTRATION SHEET JANUARY 17, 2024 The Public Forum is an opportunity for th e public to present their c oncerns and rec ommendati on s regarding T own Go vernment issues to the To wn Bo ard. Those wishing to address th e Town Board will be allowed a thre e -mi nute prese ntation. A ma ximum of six (6) peopl e will be allo wed to address the Town B oard at each P ublic F orum. If a topi c that you wish to discus s ha s been scheduled f or a formal T own Board Meeting, we wou ld ask that yo u res er ve your remarks f or that specific date a nd time. Topics that are in litigation with the T ow n will not be heard during this foru m. All prese nters are urged to: (1) state the c on cer n; and (2) list possible soluti ons. Please keep the following guidelines in mind: Remarks that discriminate against anyone or ad versely reflect upo n the race, c ol or, ancestry, religious creed, nati onal origin, p olitical affiliation, disability, sex, or marital status of any pers on are out of order and may end the speaker's privilege to address the Board. Defamato ry or abusive remarks or pro fanity are out of order and will n ot be t olerated . Anyon e attendin g Town Bo ard meetings mu st sign in to ensure acc urate re cords and minutes. Sign y our name, address, and email on the sign in sheet. Thank you for yo ur coo peration. NAME ��. PHYSICAL ADDRESS - 5 C - Asc E A be NAME PHYSICAL ADDRESS E MAIL TOWN OF FRASER RESOLUTION NO. 2024-02-01 A RESOLUTION APPOINTING THE TOWN CLERK AS THE DESIGNATED ELECTION OFFICIAL, AND DELEGATING THE AUTHORITY AND RESPONSIBILITY OF APPOINTING ELECTION JUDGES FOR THE TOWN OF FRASER'S REGULAR ELECTION ON APRIL 2, 2024 WHEREAS, the Board of Trustees determines that an election may be held by mail ballot; and WHEREAS, the Board of Trustees wished to appoint the Town of Fraser Town Clerk as the Designated Election Official; and WHEREAS, the Designated Election Official of the Town of Fraser has recommended that the Board of Trustees authorize a mail ballot election for the April 2, 2024, municipal election. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. Registered voters shall have the opportunity to cast ballots in person as provided by the Mail Ballot Election Act, C.R.S. § 1-7.5-101 et seq., at a polling place located in the Town Hall, 153 Fraser Avenue, Fraser, Colorado. 2. The authority and responsibility for appointing the election judges for this regular municipal election is hereby delegated to the Town Clerk, pursuant to C.R.S. § 31-10- 401 3. The ballots shall be paper ballots and recorded by sworn election judges. APPROVED AND ADOPTED THIS 7th DAY OF FEBRUARY, 2024. Votes in favor: Votes opposed: Abstained: (S E A L) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Interim Acting Mayor ATTEST: Town Clerk TOWN OF FRASER RESOLUTION NO. 2024-02-02 A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF WINTER PARK FOR THE FRASER WINTER PARK POLICE DEPARTMENT NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Mayor is hereby authorized to execute the attached Amended and Consolidated Intergovernmental Agreement between the Town of Fraser and the Town of Winter Park. APPROVED AND ADOPTED THIS 7th DAY OF FEBRUARY, 2024. Votes in favor: Votes opposed: Abstained: (S E A L) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor Pro-Tem ATTEST: Town Clerk AMENDED AND CONSOLIDATED INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FRASER AND THE TOWN OF WINTER PARK THIS AGREEMENT made and entered into this day of , 2024, by and between the TOWN OF FRASER (hereinafter referred to as "Fraser") and the TOWN OF WINTER PARK (hereinafter referred to as "Winter Park") (each a "Party" and collectively the "Municipalities"). WHEREAS, in April of 2005 Fraser and Winter Park entered into an agreement to establish a joint Fraser Winter Park Police Department; WHEREAS, in 2006 the Municipalities approved intergovernmental agreements related to law enforcement services and the operation of a joint municipal court; WHEREAS, in 2012, the Municipalities entered into an amended and updated agreement to reflect operational changes in the Fraser Winter Park Police Depar tinent; WHEREAS, since 2012, the service demands of the Municipalities have changed, and the Municipalities wish to amend and consolidate all prior related agreements, affirming that the continuation of a joint Fraser Winter Park Police Department and municipal court are in the best interests of both Municipalities; and WHEREAS, cooperation among adjoining and adjacent municipalities is a proper exercise of municipal governmental powers and duties under and pursuant to C.R.S. § 29-1-203 and delivers essential services to the public is the most cost effective way possible. NOW, THEREFORE, in consideration of their mutual rights and obligations as set forth below, Fraser and Winter Park agree as follows: AUTHORITY FOR AGREEMENT. This Intergovernmental Agreement is being entered into by the Municipalities pursuant to the authority granted to municipalities in C.R.S. § 29-1-203, which allows governments to cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting units. TERM OF AGREEMENT, WITHDRAWAL OR DISSOLUTION. This Agreement shall be valid through December 31, 2024, and, subject to the provisions of this Agreement, shall automatically renew for additional one-year terms beginning January 1, 2025, unless: (1) either Party notifies the other, in writing, on or before November 1 of any year of its decision not to renew the Agreement for the upcoming year; or (2) upon termination by either Party as permitted herein; or (3) either Party fails appropriate funds for its share of expenses as provided below. 1 2.2 The Municipalities acknowledge that their obligations under this Agreement are subject to annual appropriation by the governing body of each Party and shall not constitute or give rise to a general obligation or other indebtedness of either Party within the meaning of any constitutional or statutory provision or limitation of the State of Colorado nor a mandatory charge or requirement against either Party in any ensuing fiscal year beyond the current fiscal year. If the governing body of either Party fails to budget and appropriate funds for its share of expenses, in accordance with Section 2.1 herein, then this Agreement shall terminate as of the end of the fiscal year for which such funds were last budgeted and appropriated. SINGLE LAW ENFORCEMENT AGENCY; OPERATIONS; BUDGET. The Municipalities agree to create a joint law enforcement agency to provide police protection and services to each of the municipalities. The agency herein created shall be known as the Fraser/Winter Park Police Department (the "Police Department"). All mutual municipal boundaries of the Municipalities shall be considered as non- existent for the purposes of police service, so that a single service area comprising the total geographic area of Fraser and Winter Park is established. Notwithstanding the foregoing, each Party shall be responsible for the adoption of its own ordinances and regulations applicable within its municipal boundaries. 3.3 Winter Park shall serve as the managing agency for the Police Department. Winter Park shall be responsible for paying all Police Department bills and shall provide monthly accountings to Fraser. Furthermore, Winter Park shall be responsible for managing all employment matters, insurance, and other related matters. The personnel employed under the terms of this Agreement shall at all times be considered Winter Park employees and not employees of, or under the direction of Fraser, and they shall not be entitled to any employment benefit, pension, civil service, unemployment compensation, or other status or right relating to Fraser employees. 3.4 The Police Chief shall report directly to the Winter Park Town Manager and shall be responsive to the direction of the Fraser Town Manager for matters directly related to the Town of Fraser. 3.5 All Police Officers shall be sworn to serve and protect both Municipalities. 3.6 All non -sworn Police Employees shall also provide administrative law enforcement services to both Municipalities, including, but not limited to code enforcement and the processing and maintenance of law enforcement records in accordance with the Colorado Criminal Justice Records Act. 3.7 All police officers, including the Police Chief, shall be deemed to be the commissioned police officers of each Party, with all powers and authority granted by law and by the ordinances of each Party to the Chief of Police and police officers thereof. The Police Chief and the police officers providing law enforcement services in the Municipalities shall enforce the 2 municipal ordinances of the Party, as well as applicable state statutes, and shall respond to citizens' complaints. 3.8 The law enforcement services performed and the expenses incurred under this Agreement shall be deemed for public and governmental purposes, with any immunities thereunto appertaining. 3.9 The central police headquarters for the Police Department shall be located at 79050 U.S. Highway 40. It is acknowledged that the Police Department will be required to move to a new location prior to January 31, 2028. Capital costs to acquire a site and construct or lease a new facility will be apportioned between Fraser and Winter Park in accordance with a separate IGA to be approved at the time a site is secured for a future facility. 3.10 All personnel files and financial records relating to the operation of the Police Department shall be maintained in a secure manner at the Winter Park Town Hall. 3.11 All police records shall be maintained in a secure manner at 79050 U.S. Highway 40 and/or the Winter Park Town Hall. 3.12 Winter Park shall prepare an annual proposed Police Department budget for consideration and approval by each Municipalities' governing bodies not later than October 1 of the year prior to the year for which the budget is prepared and submitted. The Police Department budget shall include all anticipated costs and expenses of the Police Department. 3.13 Responsibility to pay for the Police Department budget shall be apportioned between the Municipalities as follows: Based upon a rolling, three-year average of call volume as provided by Grand County Dispatch for the years 2020 through 2023, the 2024 apportionment of Police Department costs and expenses shall be as follows: 58% Winter Park and 42% Fraser. It is understood and agreed that this annual apportionment shall be re-evaluated during the fall of 2024, and each succeeding year thereafter, based on the three previous years' Grand County Dispatch call volumes. On or before October 1, 2024, and each October 1 thereafter, a new annual apportionment shall be communicated to the Municipalities in writing by the Police Chief. The new apportionment shall be effective January 1 of the following year. Such apportionment shall be automatically incorporated into the annual renewal of this Agreement without the need to formally modify this Agreement. If, however, a Party chooses not to accept the new apportionment, the Party may give notice of non -renewal of this Agreement pursuant to Section 2.1 herein. 3 3.14 In addition to its annual portion of the Police Depaitiitent budget, Fraser will pay to Winter Park an amount equal to 5% of Fraser's annual apportionment to contribute to the administrative costs Winter Park incurs in operating and overseeing the Police Department. 3.15 Fraser shall pay its annual portion of the Police Department budget, plus the 5% administrative fee, on a monthly basis to Winter Park. 3.16 The costs of capital equipment, including without limitation, police vehicles acquired while this Agreement is in effect, as further described below, shall be shared in accordance with the annual apportionment. If this Agreement is terminated, existing assets shall be divided in accordance with the same annual apportionment. Police vehicles shall be purchased and titled as provided below. 3.17 Police vehicles. Winter Park shall purchase, own and register all police vehicles for insurance purposes;. The Police Chief shall decide on a schedule for replacing vehicles during the annual budget process. It is anticipated that each vehicle may need to be replaced after 80,000 miles of service or every five years. Vehicles being rotated out of the Police Department will be disposed of in a manner to maximize the value of the vehicle as determined by the Police Chief. The old vehicles may be sold at auction or used as a "trade-in" toward purchase of the new vehicle. Each replacement vehicle shall be titled to the Party that purchased the vehicle. Fraser shall reimburse Winter Park for approved purchases of vehicles allocated to Fraser. The Town Managers and Police Chief shall retain records concerning the fleet replacement schedule and which vehicles are allocated to each Party; and in the event this Agreement is tettiiinated, title to the vehicles allocated to each Party shall be transferred to that Party. 3.18 Reconciliation. Each year, no later than March 1st, Winter Park shall prepare an accounting of the total Police Department expenditures for the previous year and shall reimburse Fraser for any over payment in the previous year's payment. Alternatively, Fraser may elect to apply any over payment towards the current year's budget payments. Should expenditures for the previous year exceed the original budgeted amounts, the cost exceeding the budget will be apportioned to Fraser and Winter Park in accordance with the annual apportionment of the Police Department budget then in effect. 3.19 Any expenditures beyond the total approved in the annual Police Department budget shall be required to be approved by the governing body of each Party or such expenditure shall not be authorized, and apportionment of expenses shall not apply. However, either Party may unilaterally make a Police Department expenditure if reimbursement from the other Party is not expected. 4. COMBINED MUNICIPAL COURT; OPERATIONS; BUDGET. 4.1 The Municipalities will each appoint and independently compensate their respective Municipal Court Judges who shall preside over the joint Fraser and Winter Park Municipal Court (the "Municipal Court"). It is understood by the Municipalities that consistent practices are important to the effective functioning of the Municipal Court and that, if different Judges are appointed by the Municipalities, the Judges will be encouraged to cooperate to achieve this objective. 4 4.2 Municipal Court Clerk: The Municipalities agree that Winter Park shall appoint a Court Clerk who shall serve as the Court Clerk for the joint Municipal Court. The Court Clerk shall oversee all personnel and matters pertaining to the processing of citations and summons issued by the ark Police Department. 4.3. Fraser Municipal Offenses: Officers of the Police Department shall write citations and summonses for violations of the Fraser Town Code, including its model traffic code, on forms provided by the Police Department for this purpose. Such forms will refer to the joint Municipal Court, but the court address and appearance time shall reflect the fact that the offenses will be heard at the Municipal Court. 4.4. Date, Time and Place of Court Hearings: Winter Park shall establish the date, time and place at Municipal Court shall be held and at such times as the citations and summonses from the Municipalities shall be heard. 4.5. Prosecution of Cases. The Winter Park Municipal Prosecutor shall be responsible for handling all first appearances for defendants appearing on violations of the Municipalities' ordinances or model traffic code violations. All violations that proceed to trial or that require the presence of a prosecuting attorney shall be handled by the Winter Park Municipal Prosecutor; provided, however, in any matter involving a violation of the Fraser Town Code or its ordinances the Fraser Town Attorney may choose to represent Fraser. 4.6 The Municipal Court services performed and the expenses incurred under this Agreement shall be deemed for public and governmental purposes, with any immunities thereunto appertaining. 4.7 All records of the Municipal Court proceedings shall be retained at Winter Park facilities during the term of this Agreement, they shall be available for review upon reasonable notice. Upon termination of this Agreement court records shall be delivered in legal form to each Party. The Municipalities agree to cooperate on longer -term storage solutions for court records as needed. 4.8 Winter Park shall prepare an annual proposed Municipal Court budget for consideration and approval by each Municipalities' governing bodies not later than October 1 of the year prior to the year for which the budget is prepared and submitted. The Municipal Court budget shall include all anticipated costs and expenses of the Municipal Court. 4.9 Revenues: All fines, court costs, and other charges levied or imposed upon defendants by the Municipal Court shall be remitted to the Party from which the citation or summons was issued. All offender surcharges for the police and court training fund, as outlined by each town's respective ordinances, shall be retained by Winter Park for use according to its designated purposes. 4.10 Responsibility to pay for the Municipal Court budget shall be apportioned between the Municipalities using the apportionment of costs for the Police Department set forth in Section 5 3.13 herein and as amended annually hereafter. This apportionment shall be re-evaluated annually during the budget review process and amended as agreed upon by the Municipalities. 4.11 In addition to its annual portion of the Municipal Court budget, Fraser will pay to Winter Park an amount equal to 5% of Fraser's annual apportionment to contribute to the administrative costs Winter Park incurs in operating and overseeing the Municipal Court. 4.12 Payment for services: Fraser shall pay Winter Park its apportioned share of the annual Municipal Court budget, plus the 5% administrative fee, on a monthly basis. 4.13 Any expenditures beyond the total approved in the annual Municipal Court budget shall be required to be approved by the governing body of each Party or such expenditure shall not be authorized, and apportionment of expenses shall not apply. However, either Party may unilaterally make a Municipal Court expenditure if reimbursement from the other Party is not expected. 4.14 Reconciliation. Each year, no later than March 1't, Winter Park shall prepare an accounting of the total Municipal Court expenditures for the previous year and shall reimburse Fraser for any over payment in the previous year's payment. Alternatively, Fraser may elect to apply any over payment towards the current year's budget payments. Should expenditures for the previous year exceed the original budgeted amounts, the cost exceeding the budget will be apportioned to Fraser and Winter Park in accordance with the annual apportionment of the Police Department budget then in effect and shall be immediately due and payable. 5. INSURANCE AND LIABILITY. 5.1 The Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, provides protection to the Municipalities, the Police Department, the Municipal Court, and the officials, agents, employees, and attorneys of the same. 5.2 Winter Park shall obtain appropriate property, general liability, auto liability, errors and omissions, law enforcement liability and workers' compensation insurance for the Police Department and Municipal Court, as agreed upon by the Town Managers, as required by law, and in accordance with the approved budget. 5.3 Should the Police Department or Municipal Court be involved in litigation, the Municipalities shall share any liabilities and costs not covered by insurance in accordance with the apportionment referred to in Sections 3.12 and 4.10 herein; provided, however, that Fraser shall not bear any liability for, nor share in the costs of, any litigation arising from, personnel actions taken by Winter Park without the approval of Fraser. 6. GENERAL PROVISIONS. 6 6.1 Amendments. This Agreement may be amended, modified, changed, or terminated in whole or in part only by a written agreement duly authorized and executed by both Municipalities in the same manner as this Agreement. 6.2 Entire agreement. This Agreement constitutes the entire Agreement and understanding between the Municipalities on the subjects contained herein, replacing all prior agreements on these subjects. 6.3 Notice. Except as otherwise provided herein, all notices permitted or required under this Agreement shall be in writing, signed by the Party giving the same, and shall be deemed properly given when placed in the United States mail's first-class postage prepaid, or personally delivered to the other Party, addressed to them at the addresses appearing on the signature page hereof. Each Party, by written notice to the other, may specify any other addresses for the receipt of such notices. 6.4 Severability. Should any of the provisions of this Agreement be held to be invalid or unenforceable, then the balance of this Agreement shall be held to be in full force and effect as though the invalid portion was not included; provided, however, that should the invalidity or unenforceability go to the essence of the Agreement or be of a substantial nature, then the Party who would receive the benefit of the provision, were it not invalid or unenforceable, shall have the option to terminate this Agreement, forthwith. 6.5 Governing law. This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Colorado, and venue for any action arising out of any dispute hereunder shall be in the Grand County District Court of the State of Colorado. 6.6 This Agreement shall be deemed in force as to the Municipalities when the same has been adopted by ordinance or resolution of both Municipalities. After such adoption, this Agreement shall be binding upon the Municipalities and the covenants hereof may be enforced by appropriate remedy by one Party against the other Party. In any legal action brought by any party to this Agreement to enforce the terms hereof, the prevailing Party shall be entitled to all costs incurred in connection with the action, including attorneys' fees. 7 IN WITNESS WHEREOF, and intending to be legally bound hereby, in accordance with proper ordinance of each of the governing bodies of the Municipalities, we have hereunto caused this instrument to be executed and the municipal seals affixed the day and year written above. ATTEST: TOWN OF FRASER Town Clerk Mayor ATTEST: TOWN OF WINTER PARK Town Clerk Mayor 8 MEMO TO: FROM: DATE: SUBJECT: Mayor Waldow and the Board of Trustees Michael Brack, Town Manager February 7, 2024 Byson 1.5FT Land Dedication of Town Lot on Clayton Court Discussion MATTER BEFORE BOARD: Discussion to support or not support a 1.5ft land dedication on the Town's lot located on the northern end of Clayton Court in exchange for 5ft of right of way on Clayton Court. BACKGROUND: Following zoning changes for downtown Fraser and early on in the planning and design process for Clayton Court Infrastructure Improvements, it was determined that Clayton Court does not meet the minimum right-of-way (ROW) required for a collector street per Sec.,.... �. :::: :::: 0 of the Fraser Municipal Code. Clayton Court currently has 50 ft of ROW, while the code states that collector streets should have a minimum ROW width of 60 ft. A 60 ft ROW will be able to accommodate 9-10ft sidewalks on both sides of the Clayton Court, curb and gutter, parallel parking on both sides of the road, and still provide 24ft of paved road. On January 14, 2024, Byson Development submitted a preliminary plat and major site plan for the Strom Townhomes that meets current code provisions per the newly updated Riverwalk District in downtown Fraser. However, after identifying the need for additional ROW, the Town discussed with Byson if the plan they submitted could be shifted 5ft to the east to accommodate the larger ROW. Following these discussions, Byson Development worked with their engineering firm, JVA, to see how they could make these accommodations without significant changes to their design plans. It was concluded that Byson would be able to make the accommodation and provide an additional 5ft of ROW to the Town in exchange for a 1.5ft land dedication as shown in Appendix A on the Town's property so they can properly shift their site plan and satisfy fire code requirements. Since there is interest, but yet no final dedication for the Town's lot on Clayton Court to be the location for the new Fraser Center for Creative Arts, I've spoken with Fraser Valley Arts Chair, Steve Fitzgerald, for him to provide any thoughts on the 1.5ft land dedication to Byson Development and he has been supportive of the tradeoff and doesn't believe the land dedication will have any significant impacts on the art center's site. If the Town Board determines that this is a reasonable trade-off and directs Town staff to move forward with the 1.5ft land dedication, staff will draft an ordinance and meet needed public notification requirements that would allow for the land dedication which would be presented at an upcoming Town Board meeting. CONSULTING ENGINEERS January 30th, 2024 Town of Fraser 153 Fraser Avenue, P.O. Box 370 Fraser, CO 80442 RE: Clayton Court Right -of -Way Acquisition To whom it may concern: JVA, Incorporated P.O. I3ox 1860 47 (:toper Creek Way Suite 328 Winter Park, CO 80482 970.72.2..7677 info@jvajva.c:om www.jvajva.com Due to the Town's ask to dedicate the first five feet of frontage to make way for the public improvements on January 23rd, it creates issues on our site plan that was already submitted for preliminary plat. The JVA Team tried all options to accommodate, but due to the site orientation, it pinched it too much at the SE corner and made the current plans not feasible. In order to give the Town the front 5 feet, we would ask for a dedication of the northern 1.5 feet of the towns site. The dimensions of the frontages in question are as follows: 92.29 linear foot western boundary - 5 foot ROW dedication. 123.04 linear foot northern boundary - 1.5 foot property dedication. Sincerely, JVA, INCORPORATED By: n Samuel Redfield, P.E. Project Manager BOULDER FORT COLLINS WINTER PARK GLENWOOD SPRINGS DENVER CONSULTING ENGINEERS Project Title Line 1 Project Title Line 2 Date 2 of 2 ADDRESS: 200 CLAYTON CT FRASER CO 3,412 LEGA L DESCPJPTION. LOTS 29 ANO 30 BLOCK 3. SKINNER BRO THER S ADDITIO N Cr ND C OUNT, OF DENVER. STATE OF CO LORADO. ZO NE DIST RIC T' nU(G VER VVALKWEP USE OVERL, DISTR ICT, ZO NE LO T A REA : 11 5b, SF A CRE, BUILDING FORM . TO WNHCC ISE SE TBAC KS. (RE A TTACHED SUR VEiCPRIM ARY STREET 20' OMMERCIAL CWLEASEM ENT LEV EL 100 FLOO R ELE VAT ION ,PRO POS ED, ARCH ELEV .." 85E7, 1, HEIGHT ALLOW ANCES ST OR IES iM.1 LAND USE INFORMA TIO N LOT AREA: 11,3 SF BUILD ING O OVE1,. .GE TRASH s, LO W ED 38A ED SNOW S TOR AGE RE LTD: OPEN SPACE E. s ISVE-F/1„„112 .0.W. -1,0,ti SF OF UNCOV ERE D O RL EWA,FATHS 1 u, SF, 3.T.2.1SF ,NOTE 30,4 OF OPEN ,PACE TO BE LANDSCAPED, oLt Qa 0 ZONING INFORM ATION � �E nse IervT r1 - SITE PLAN Copy 1 STORAGE 1,936 TOTA L 24 8 SF LEVEL 3 O VERH ANG It t LIME® GGve reA[ ,e LU VERA GE • , "E "' -.=-E sF �� (ai�ArvD;a' nnETER - PROPEPR, AN MEND REWIRE D Z ONE L OT SETBA CK ZONE LOT 0E,, r,TptLEVATISNSAT OR ISNAL f' ::I FG TFRNT,NE,,, ROOF LINE FENCE ,EA 6T NG, SEND, LI, W WATER LINE E = OH, Oli ERHEAD LNES - RE CIVIL FOP RETAN NG TH. AF ZONE LOT AREA' \ 11 788 5E EXTENT DF DECY AB GVE '\ _L. DRW ARCH: LLB . RIMITECIFE 1,28.5S NIPPIONSTREET o° P 0001 JAN. 30, 2023 SCHEMATIC DESIGN ZONING INFORMATION & SITE PLAN A001