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HomeMy Public PortalAboutTBP 2011-05-04 BOARD OF TRUSTEES REGULAR MEETING AGENDA WEDNESDAY,MAY 4,2011 FRASER TOWN HALL Members of the Board may have dinner together @ 5:30 p.m. -Fraser Town Hall 1.Regular Meeting - 6:00Roll Call 2.Approval of Agenda 3Executive Session: .For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6- 402(4)(b); regardinga Sign Permit. 4.Consent Agenda 7:00 a)Minutes –April 20, 2011 5.Open Forum a)Business not on the agenda 6.Updates th A Proclamation Declaring May 72011 as National Train Day 7.Public Hearing 8.Discussion and Possible Action Regarding a)Denver Water Enhancement Agreement b)Alco Center Sign Permit c)Resolution 2011-04-03 authorizing execution of Chamber Memorandum d)Picnic in the Park Vendors e)Water Bill Inquiries f)Request for Proposal 200 Eisenhower 10.Community Reports 11.Staff Reports 12.Other Business Upcoming Meetings: Wed.May 18, 2011Board of Trustees Wed.May 25,2011Planning Commission Posted April 28, 2011 Lu Berger Ô« Þ»®¹»®ô ̱©² Ý´»®µ Town Board Briefing Note that this meeting will begin at 6pmwith an Executive Session with the town Attorney for the purpose of receiving legal advice on specific legal questions regarding the Alco Center Sign Permit. This matter is also on the agenda for discussion and possible action. The Grand County Board of County Commissioners will be at our meeting to provide an overview of the Denver Water Enhancement Agreement and to answer any questions. The Chamber of Commerce Memorandum of Understandinghas been revised per Board direction, and no additional revisions are expected from the Chamber, so a resolution authorizing execution is on the agenda for your consideration. The Chamber th Board will consider the matter on May 11. Following Board discussion at our last meeting, we’ve met with the Chamber regarding a plan for vendors at the Picnic in the Park.Essentially, the plan is to allow four 10x10 vendors spaces (along the sidewalk adjacent to the Town Hall), “invitations” would be sent to all current Fraser Business License holdersand non-profits, and if we have more than four applications, the Town Board can make the determination.$25 fee. Enclosed in your packet is a request for relief from a property owner related to their water bill. TheBusiness Flower Basket program has been well received by the business community. The Town of Fraser offered two hanging flower baskets to each of our fixed retail businesses, we had originally planned for 30 baskets but based upon the responses are providing a total of 50 hanging baskets to our business community (no more baskets are available). The following businesses will be receiving baskets. The Warm Store, O2 Creative,Fraser Valley Ace,Millennium Bank,Winter Park Market,Ski Broker,Radio Shack,Wild Horse Catering,Car Quest,Michael’s Audio,Great Divide Insurance,Sharky’s,Bella Vita,Sunshine Vitamin Shop, Mountain Dawg Outfitters,Home James,Rocky Mountain Roastery,Pinnacle Lodge,Grand Mountain Bank,Wild West,Alpine Physical Therapy,Ice Box Mountain Sports,Winter Park Winery,10 LB Gorilla, and Fraser Market Place As you know, we once again distributed an updated RFP for 200 Eisenhower (and th posted notice on the property). The deadline is April 29, and as of this time we have not received any proposals. As always, feel free to contact me if you have any questions or need any additional information. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491fax 970-726-5518 www.frasercolorado.com FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday,April 20, 2011 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Mayor Fran Cook; Mayor Pro-Tem Steve Sumrall; Trustees: Peggy Smith, Vesta Shapiro,Scotty Brent, Joyce Burford and Eric Hoyhtya Staff: Town Manager Jeff Durbin;Town Clerk, Lu Berger; Finance Manager Nat Havens;Public Works Director Allen Nordin; Town Planner, Catherine Trotter; Police Chief, Glen Trainor, Plant Superintendant, Joe Fuqua Others: See attached list Mayor Cook called the meeting to order at 6:07 p.m. 1.Regular Meeting: Roll Call 2.Approval of Agenda: motion Trustee Brent moved, and Trustee Shapiro seconded the to approve the Motion carried: 6-0. Agenda. 3.Executive Session: For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) and for a conference with Special Counsel for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b); regarding the Denver Water Enhancement Agreement. motion Trustee Smithmoved, and TrusteeShapiroseconded the to opentheExecutive Session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) and for a conference with Special Counsel for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6- 402(4)(b); regarding the Denver Water Enhancement Agreementand to include Special Motion carried: 6-0. Attorney Thorne, PW Nordin, TM Durbin and PS Fuqua. motion Trustee Brent moved, and TrusteeHoyhtya seconded the to closetheExecutive Session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) and for a conference with Special Counsel for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6- Motion carried: 7-0. 402(4)(b); regarding the Denver Water Enhancement Agreement. 4.Consent Agenda: a)Minutes –April 6, 2011 Page 2of 3 motion Trustee Burford moved, and Trustee Hoyhtya seconded the to approve the Motion carried: 7-0. consent agenda. 5.Open Forum: David Michael representing the Rocky Mountain Chaletspoke regarding the new sign at the Alco center. 6.Updates: 7.Public Hearings: 8.Discussion and Possible Action Regarding: a)Regional Energy Strategy: Liz McIntyrerepresenting BEDAgave a Power Point presentation regarding the Jackson &Grand County Regional energy strategy. b)Ordinance 379 Medical Marijuana Moratorium; extending the moratorium until June1, 2012 in accordance with HB1043 TM Durbin outlined the current status of the moratorium at the State level and the need for theTown to extend the moratorium until the State passes their bills. motion Trustee Brent moved, and Trustee Sumrall seconded the to approve Ordinance Motion 379 Medical Marijuana Moratorium; extending the moratorium until July 1, 2011. carried: 7-0 c)Online travel company sales Trustee Burford briefed the Board on CAST’s work with gauging the interest of communities on examining the affect online travel companies are having in regards to lost sales tax revenue.The Board did express an interest in looking into what this would entail. d)VRBO contract with VR Compliance LLC Trustee Burford briefed the Board on the status of the contract with VR Compliance LLC. The next step for the Town would be to send the verbiage to the Town’s attorney for his opinion. The Board directed staff to move ahead. e)National TrainDay TM Durbin briefed the Board on the letter from Amtrak asking communities to celebrate National Train Day. The Board directed staff to draft a Proclamation for National Train Day. f)Business Enhancement Grant Program TM Durbin outlined a grant program that wouldallow for businesses to apply for a grant that would enhance their business. Possible uses for the funds could be fences, signage, landscaping and building upkeep. The Board asked staff to move forward and bring back a proposal for the grant program. Page 3of 3 9.Action Items: 10.CommunityReports: School District Ad Hoc Committee –Trustee Sumrall gave an update on the topics being discussed by the committee regarding funding measures for the school district. 11.Staff Reports: Town Clerk – Lunch for Monday Finance Manager – Sales tax 4% down for February Auditor here in May. Town Planner - th Business forum on May 10 th PC meeting next Wednesday and May 11. Public Works Director - Cleared some log jambs in the Fraser river Slip lining will begin again next week. Invitation to bid for the streets went out last week. Hanging basket program for local business. Town Manager - WP Ranch joint meeting to talk line sharing agreement and augmentation water th lease. June 155:30-7:00 nd May 2mediation scheduled for the FVI/Cornerstone issue. rdth May 3GCWIN hosting a field trip for 7graders at the Lion’s Ponds. Feedback on video & audio during tonight’s meeting. Plant Superintendent - None Police Chief – High water planning meetinga couple weeks ago, Incident command program will be scheduled for the Town. 12.Other Business: motionMotion Trustee Brent moved, and Trustee Shapiro seconded the to adjourn. carried: 7-0. Meeting adjourned at 9:43p.m. LuBerger, Town Clerk Proclamation National Train Day May 7, 2011 WHEREAS,this year Amtrak celebrates four decades of providing the nation with vital rd intercity and high-speed passenger rail serviceand Saturday, May 7, 2011, marks the 3 Annual National Train Day WHEREAS, passenger trains provide a more fuel-efficient transportation system thereby providing cleaner transportation alternatives and energy security; and, WHEREAS, an increasing number of people are using trains for travel purposes beyond commuting to and from work;and, WHEREAS, National Train Day is sponsored by Amtrak as an opportunity to celebrate the past, present and future of rail travel; NOW, THEREFORE, I, Fran Cook, by virtue of the authority vested in me as the Mayor of the Town of Fraser, do hereby proclaim May 7, 2011 as National Train Day. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491fax 970-726-5518 www.frasercolorado.com Arrorir,ir YS AT I AW DAVID MICHEL EMAIL: DMICHIEL@OELMANNOIHJEROLOM Of Counsel April 20, 2011 Via Hand Delivery Mayor Fran Cook Town of Fraser PO Box 370 Fraser, CO 80442 Re: Sign Permit Issued on February 23, 2011 to Western Centers (the "Applicant") for Operation of a Digital Sign at Alco Plaza by the Town of Fraser (hereinafter referred to as the "Sign" or "Sign Permit"). Dear Mayor Cook: I represent Rocky Mountain Chalet, LLC, the owner of the Rocky Mountain Chalet (the "Chalet"), which operates on certain real property, more particularly described as Faraklas Minor Subdivision, Tract II (the "Chalet Property"), which is situated directly across the street from the Sign. My client is deeply concerned about the effect of the Sign on the Chalet and the Chalet Property. My client is even more concerned, however, about how the Town of Fraser the "Town") could approve the Sign without conditions or a public hearing as the Sign is not compliant with Town's Sign Code for numerous reasons detailed below. A copy of the Sign Permit is attached hereto as Exhibit A. I am sure that the members of the Board have no doubt seen or at the very least heard about the Sign, but I will take a moment to describe it. The Sign is located at the corner of U.S. Highway 40 and County Road 72. The Sign is listed in the sign application as a freestanding sign that is 4' 4" high x 9' 5" wide and 42 sq. ft. in total size. See Exhibit A. In reality, the whole sign is 13' 6" high, 12' wide and 162 sq. ft. in total size. This does not even include the flower box that surrounds the base of the sign in terms of width and length. Further, the Sign is more accurately defined as a monument sign then a freestanding sign because the entire bottom of the sign is affixed to the ground, whereas a freestanding sign is supported by one or more columns, posts or braces. See Fraser Town Code at § 16-10-20. The Sign identifies the Alco Plaza and incorporates a digital sign that utilizes LED lights to project images of the signs of its commercial tenants. See Exhibit A During its initial weekend of operation the sign projected animations of coke signs and G r een wood Village Office: 5990 Greenwood aza Bl.vd,, Suite 118 • Greenwood Village, Colorado 801 1 1 Phone: 303-740-8494 • Fax: 303-740-8495 • Www..gelmannorberz.com Winter Park Office: 79050 1/S llighway 40 • Winter Park Station, Suite 71 Winter Park, Colorachi 80482 Phone: 970-726-8333 • Fax: 970-726-3023 • WW1V42CIntarmorberg.com Town of Fraser Page 2 of 5 April 20, 2011 American flags and other moving, bouncing and gyrating animations. It has also been publicly stated by the Town and Western Centers that the sign will be used to project signs, which include public events and public service messages. The Sign has been incredibly dama ing to the Chalet's business. Its guests have consistently complained about the glare from the light, which visibly changes the color of the curtains when the multi-colored signs, for the digital image, change for each tenant. Many of the Chalet's guests have commented that they do not intend to return to the Chalet and therefore most likely to the Town of Fraser as long as that sign is there. Accordingly, the Sign poses a serious risk to the Chalet's business. A. The Sign does not Comply with the Town's Sign Code. The Town of Fraser requires a sign permit be issued to a property owner before they can erect, move, alter, reconstruct or repair any permanent or temporary sign. See Fraser Town Code at § 16'10'30. All signs must strictly comply with the Town of Fraser's Sign Code set forth in Title 16, Article 10 of the Fraser Town Code. The Sign does not comply with the Fraser Town Code for the following reasons: The Sign is too Iarge. A monument/freestanding sign for all tenants within a complex may not be more than 32 sq. ft. See Fraser Town Code at § 16'10' 330(c). The Sign is 42 sq. ft. See Exhibit A. Accordingly, the Sign expressly requires a variance pursuant to Fraser Town Code8t8 16'10'80. Further, the Sign is also 13' 6" in height, which exceeds the 12' allowed for monument signs if the Town chooses to correctly identify the Sign as a monument sign. See Fraser Town Code at § 16-10-330(c). 2. The Sign is located 4' 6" within the public right-of-way along CR 72. The Town Code prohibits signs that are erected, constructed or maintained within or upon the right-of-way of any road or highway. See Fraser Town Code at § 16-10-340. Further, if the Town continues to identify the Sign as a freestanding sign, it expressly cannot be located within the public right-of- way. See Fraser Town Code at § 16-10-20. 3. The Sign has uscr is using, and is not restricted from future use of digital imagery and LED Iighting that causes the sign to flash, rotate, blink move, or otherwise be animated. The Fraser Town Code specifically prohibits these types of signs that "create the illusion of movement to compel attention" because of the obvious safety hazards and "Times Square" effect. See Fraser Town Code at § 16'10-240; see also § 16'10'10(5)&(6) (the purpose of the Fraser Sign Code is to protect against the visual discord from unrestricted proliferation of signs and similar devices and protect the public from damage Greenwood Village OK"u' 5v90 Greenwood Plaza 0"V,Suite i|8` Greenwood Village, Colorado 80111 Phone: 303-740-8494 • Fax: 303-'740-8495 • www.eirnannorberg.eoin Winter Park Office: 79050 (IS Uigh way 40` Winter Park Station, Suite 7C` Winter Park, C^hmdoD0482 Phone: 970-726-8333 • Fax: 970-726-3023 • 1\/ \16tclinannorberv.coin Town of Fraser Page 3 of 5 April 20, 2011 or injury caused by signs that present distractions or hazards to pedestrians and motorists.) 4. The Sign makes improper use of its LED lighting. The Sign's light is not compliant because it projects onto adjoining properties and the adjacent public right-of-way in a manner that is (a) unnecessary to illuminate and make the sign legible; (b) is brighter than the surrounding lighting; and (c) is objectionable to surrounding property owners. See Fraser Town Code at § 16-10-250. 5. The Sign Permit Application did not include a site plan, was for a free standing sign although it appears to be a monument si n, and was not signed by any member of Town staff but rather appears to be signed by someone, who simply writes "OK per l.D." rather than using his or her own signature. See Exhibit A. 6. If the Sign is a monument sign it cannot be used to display public events. A monurnent sign can only be used to display the development's name and the individual tenants' names. See Fraser Town Code at §§ 16-10-20 & 16'10' 330 (c). The Town Manager has stated that the Sign is not prohibited because it is an "electronic message center sign", which is defined as "a variable message sign that utilizes computer-generated messages or some other electronic means of changing copy." See Fraser Town Code at §8 16'10'20 & 16'10'240(3). However, "[e]lectronic message center signs may be permitted on the interior side of a window only." See Fraser Town Code aL88 16-10'230(11). An electronic message center sign has consistently been interpreted by the Town's staff to constitute the types of in-the-window message signs that have traditionally been displayed at Various Fraser businesses as depicted in Exhibit B attached hereto. {[ there was any concern about whether the digital sign was an electronic message sign, it should have come before the Planning Commission and/or Board of Trustees under some sort of use determination proceeding - Staff chose to make this interpretation itself. While my client understands that the Sign is replacing an older, non-conforming sign, it is the Town's stated goal to bring nonconforming signs into comp!iance with Fraser's Sign Code. See Fraser Town Code at § 16'10-10(9). Nonconforming signs require a new permit if they are replaced or structurally altered. Replacing the bulk of the sign with a digital sign qualifies as a replacement or structural alteration. Accordingly, the fact that the sign has been out-of-compliance in the past is simply not an argument for allowing the newly permitted Sign to depart from the current requirements stated in the sign code without a variance. Greenwood Village Office: 599O Greenwood Playa Nvd_Suite 118`GuxowmodVi|kago Colorado xOi|i Winter Park (Alice: 79050 11S 1ligliway 40 • Winter Park Station, Suite 7C • Winter Park, Colorado 80482 Town of Fraser Page 4 of 5 April 30,3Ol1 B. The Town's Review and Approval of the Sign Permit was both Uncharacteristic and Contrary to the Purposes set forth in the Sign Code. The Town has developed a reputation of being very thorough in its review of land use applications and has historically made consistent and appropriate use of conditions in its approvals of land use applications to ensure compliance with the Town Code. Based on my own experience with processing land use applications with the Town, 1 am perplexed that the Town's review and approval of the sign permit was so uncharacteristically lax. At the very least, Town Staff should have placed some conditions on the sign to ensure that the images displayed did not flash, rotate, blink or otherwise move. It further should have placed appropriate conditions in place to control time of use and appropriate levels of lighting. It would further appear that there has been some internal debate or issue amongst Town staff regarding the issuance of the Sign Permit because no one from the Town would sign the Permit, but rather indicated the Town's approval by writing in the signature block "OK per iD." Why no one from the Town would take credit for the approval is a mystery to both me and my client. Needless to say, rny Client has serious concerns about Town staff's behavior surrounding its review of the Sign. The purpose of the Town's sign code is set forth in § 16'10-10, and lists the following purposes of the Town's review of sign applications are paraphrased as follows: 1. Define the allowable dimensions of signs and identify signs that are prohibited. 2. Provide balance between an individual's right to identify his or her business while protecting the public from visual discord resulting from an unrestricted proliferation from signs and other similar devices. 3. Protect the public from damage or injury caused by poorly designed or maintained signs that distract pedestrians or motorists due to the Sign's placement. 4. Ensure signs are well-designed and contribute positively to the Town's visual environment, Iocal character and distinctive image. 5. Encourage the signs to fit within the surrounding neighborhood and architecture. 6. Bring noncoriforming signs into compliance with the regulations. Given the location of the digital sign at the busiest intersection in Grand County and the fact that it is the first digital sign reviewed By the Town, l am surprised that the Town did not (a) consult the Colorado Department of Transportation; /bl place any Cnvow°od Village Office: 5990 Greenwood P|mo8|,d_Suite ||x` Greenwood Village, Colorado 80i\| Phone: ]0-740-84v4^ Fax: J0-74o-849J~ Winter Park Office: 79050 IISIlighway 40 . Winter Park Station, Suite 7C • Winter Park, Colorado ; 4 — Phone: 970-726-8333 • Fax: 970-726-3(.123 • ,IyAR,ii..,,elyaiining12,ineoln Town of Fraser Page 5 of 5 April 20, 2011 restrictions on the type of graphics that could be displayed on the sign; (c) create maximum levels oflighting output for the sign to minimize the light pollution on the surrounding neighborhood; (d) take into account the visual impact of the digital images on the surrounding neighborhood; [e) impose times when the lighted sign would be required to shut off; (0 place color restrictions on the digital images to ensure that they were consistent with the architectural design; and most importantly (g) study the safety concerns of placing a digitized sign in an intersection heavily used by motorized vehicles, bicycles and pedestrians. C. The Chalet's Request. It is the Chalet's intention to appear at the open forum portion of the April 20, 2011 meeting. Further, the Chalet hereby requests that the Board place on its agenda, an action item to consider the rescission of the Sign Permit at its May 4, 2011 hearing. The Town's approval of the Sign Permit was impermissible and contrary to the express provisions of its own Sign Code. The applicant for the Sign Permit did not receive the required variance for the Sign and the Chalet intends to exercise all of the rights and remedies at its disposal to ensure that the Town and/or the responsible Town staff rescinds the Sign Permit or is liable for the damages it has caused the Chalet. Thank you for your prompt attention to this matter. Please do not hesitate to contact me through the appropriate Town representatives to discuss this matter further. The Chalet reserves all rights and remedies in this matter. Very truly yours, � � ~„' ,, David P. Michel Encls. Cc: The Rocky Mountain Chalet, LLC Jeff Durbin, Fraser Town Manager Catherine Trotter, Fraser Town Planner Steve Summeral, Fraser Mayor Pro Tem Greenwood Village Office: J990 Green n"m| Plaza BiuL, Suite ||8- Greenwood Village, Colorado 8oi|| Phone: 303-740-8494 • Fax: 303-740-8495 • ‘vww.gelmannorberg.com Winter I'ark Office: 79050 1)8 1 lighway 40 Wioter l'ark Station, Suitc 7C Winter I'ark, Colorado 80482 Phone: 970-726-8333 • Fax: 970-726-3023 • www,ggIrniinutrylicit„,corn EXHIBIT A SIGN PE1 IT APPLICATION Please fill out a separate application for each sign—All permits require a sketch of or osed sL. s as welL as their location on the buildin. TELEPHONE NUMBER (31 3(3(0 (0 APPLICANT NAME- Lij s APPLICANT MAILING MAILING ADDRESS S 131.J.SIN /PLACE S N IS FOR C 0 LOCATION OF SIGN (Street Address) S OCATION ON SITE (Attach site plan) ,S,i AV VC) 2: NUMI3ER EPHONE 3 0 k, ' OF PROPERTY y E OF SIGN: Lf (4 SQ. FT, OF LANDSCAPING (Attach site plan . SIGN TYPE Check all h. t a Proeetin o Campaign Term o Ground/Monument u Sandwich Board MATERIALS: COLORS: -bcx iv\ cs› E OF LIGHTING TO BE USED: TOTAL SQUARE FOOTAGE OF EXISTING SIGNAGE: TOTAL SQUARE FOOTAGE OF ALL SIGNAGE: ereby certify that all above information is correct to the best of my knowledge. 1 understand at any discrepancies in the above information may result in denial of this sign application by e Town of Fraser. AUTHORIZED SIGNATURE* other than owner, a letter authorizin a ent on behaifofowner must be attached. FOR TOWN USE ONLY P " Fee Paid j W Sign Sketch u "Landscape Plan Approved Denied Site Inspection ■,fr ■c(-N 0 t Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 la\ 970-'726-5518 WWW.frasercoloradoxotn 1 nF�C{e1CedL . „Pfe n i III ; 1 110,, e u A� ° » <y »- N"1111111111111111"11 �. IL } MEMORANDUM OF UNDERSTANDING MEMORANDUM OF UNDERSTANDING This (“MOU”) is made and entered into this day of 2011in order to memorialize the understanding of the relationship between the WINTER PARK -FRASER VALLEY CHAMBER OF COMMERCE (hereinafter “Chamber”) and TOWN OF FRASER,Board of Trustees by and through its(hereinafter “TOWN”). RECITALS: WHEREAS,the TOWN has been a funding contributor to the CHAMBER; and WHEREAS,the TOWN and CHAMBER seek to confirm the mutual understanding of the working relationship between the parties; and WHEREAS, The Town and the Chamber acknowledge and agree that a material precipitating factor behind the parties' mutual desire to enter into this Memorandum was and is the need to publicly acknowledge and support the notion that the Chamber is involved in many different types of marketing efforts and opportunities. These efforts and opportunities range from the placement of ads, the publication and distribution of collateral and the development of a strong public relations presence in order to lure guests to the valley, to the furnishing of critical information about the businesses represented by the Chamber and the staging of meaningful, enjoyable activities for guests once they are physically present in the valley. The Town acknowledgesthe importance of all of these different types of marketing (including the administrative and operational costs of providing these marketing services) to the success of the Winter Park/Fraser Valley business community. WHEREAS,the TOWN and CHAMBER seek to improve the local business climate through a collaborative partnership. NOWTHEREFORE BE IT AGREED ASFOLLOWS: UNDERSTANDINGOF THE PARTIES: 1.The TOWN will, subject to annual appropriations, provide annual funding contributions to the CHAMBER as follows: a.The Vendor Fees (3.33% of municipal sales tax collections) shall be remitted quarterly to the CHAMBER. Such funds shall be dedicated to Marketing and Sales Programs. b.In 2011, the TOWN allocated $15,000 of the funding identified in (a) above toward Business Enhancement Programs for specific programs yet to be determined. c.$15,000 from the TOWN’s General Fund shall be remitted June 1stto the th CHAMBER to fund Special Events in the Fraser Valley (4of July, Run for Independence, Fraser River Days). st d.$10,000 from the TOWN’s General Fund shall be remitted June 1tothe CHAMBER to fund the Fraser Picnic in the Park Series (which includes six events during the months of July and August). 1 e.The CHAMBER and/or TOWN may propose additional programs that may require additional funding. The TOWN may, at its discretion, electto fund such additional programs. 2.The TOWN commits the to the following: a.Acknowledgethe importance of CHAMBER marketing programs to the success of the Fraser Business Community. b.The TOWN will designate a representative to the Marketing/Sales Council and the Special Events Committee. c.The TOWN will actively work to develop cooperative relationships with the Fraser Business Community and will include the CHAMBER in these efforts. 3.The CHAMBER commits to the following: a.The CHAMBER will actively seek to include representation from the Fraser Business Community on the CHAMBER Board and Committees. b.The CHAMBER is dedicated to seeking ways to retain, expand, and recruit local business within the Fraser Business Community. c.The CHAMBER will implement and manage marketing and sales programs and special events with the goal of enhancing the local economy throughout the Fraser Valley in the Town of Fraser. d.The CHAMBER will provide monthly updates to the Town Board. e.The CHAMBER will annually submit a detailed budget proposal to the TOWN no st later than September 1and will review the proposed budget and programs with the Budget Committee of the TOWN. Additionally, the CHAMBER will submit a year end report and summary of the results of the program to the Town Board no st later than March 1 4.The parties agree that it is not their intent to create a static relationship by entering into this agreement, rather this agreement documents the working relationship. The parties will periodically review this agreement and consider new programs, opportunities, and other ways to collaborate toward mutual goals for the community. 5.This agreement does not provide any waiver of governmental immunity as provided by Colorado Statutes.This agreement provides no conveyance of property rights and is not assignable. 6.This Memorandum of Understandingshall automatically renew for additional one-year periodsbeginning January 1, 2012, without limitation unless (1) either party notifies the other, in writing at least 60 days prior to the annual expiration date, of its decision not to renewfor the ensuing year, or (2)the TOWN fails to budget and appropriate funds for its share of expenses as provided above. 7.Any notice orcommunications regarding this agreementshall be in writing and shall be either personally delivered, sent by certified United States mail, return receipt requested, to the addresses set forth below, or by facsimile to the numbers set forth below: To the CHAMBER:To the TOWN: Winter Park-Fraser Valley ChamberTheTown of Fraser P.O. Box 3236P.O. Box 370 Winter Park, CO 80484Fraser, CO 80442 2 Theterms outlined within this agreement have been accepted and agreed to by the following th partieson this 4day ofMay, 2011: TOWN OF FRASER ____________________________ Fran Cook Mayor ATTEST: _______________________ Lu Berger, Town Clerk [S E A L] WINTER PARK -FRASER VALLEY CHAMBER OF COMMERCE ___________________________ President STATE OF COLORADO) ) ss. COUNTY OF ____________) Acknowledged before me on ________________, 2011, by ____________________, as (date of signing) (name of signer) _____________________ for the ____________________. Title (owner/president)(company) Witness my hand andofficial seal. My commission expires: [S E A L]Notary Public 3 TOWN OF FRASER RESOLUTION NO. 2011-04-03 A RESOLUTION AUTHORIZING EXECUTION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF FRASER AND THE WINTER PARK / FRASER VALLEY CHAMBER OF COMMERCE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1.That the Mayoris hereby authorized to executethe attached Memorandum of Understanding with the Chamber of Commerce. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES th THIS 4DAYOF MAY,2011. Votes in Favor: Votes Opposed: Absent: Abstained: BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO ( S E A L ) By: Mayor ATTEST: Town Clerk Town Board Briefing Water Utility Departments May 4, 2011 The Town has received a request for water usage relief from utility customers, Jean Vives and Chrystiane Demers, 1223 Rendezvous Road, Account 2.6978. Mr. Vives and Ms. Demers are requesting relief from water usage of 38,000 gallons, which equates to $57.00. As they explain in their letter, they were out of Town 1/27/1- 2/28/11 and had turned off the water utilizing the gate valve in their basement. Water Superintendent Todd Conger visited Mr. Vives and Ms. Demers at their home the week of April 4, 2011. During this visit, Todd asked them to fill a gallon jug with water while he monitored the meter register. A gallon of water was registered accurately on the meter register. Mr. Vives explained to Todd that typically when they leave the home for extended periods, he closes the gate valve to shut off the water. Then, he open the faucets in the downstairs bathroom's dual vanity to drain the upstairs water lines prior to leaving. In walking through the water shut off process, Mr. Vives and Todd discovered the gate valve had apparently failed, which may have resulted in the water continuing to run during their absence. Mr. Vives told Todd that while they were away a guest had come to stay at their home and had said the faucets were running. Fraser Town Government 153 Fraser Ave Fraser Co 80442 March 29th 2011 To whom it may concern, We received the enclosed letter regarding our water use. It is very puzzling. What is the problem? We do not know. We are full time residents except for 2 months in the winter. Our use of water from December the 23 until January the 23 was 4000 gallons. From January the 23 IT WAS 38,000 Gallons. And from February the 23 until march 23 was only 4000 gallons. We were absent from our house from January the 2 7th until (we can prove by our flight tickets) until march the 16th. NO ONE WAS IN OUR HOUSE FROM JANUARY 27TH UNTIL FEBRUARY 28TH. THE WATER WAS TURNED OFF. ON FEBRUARY 28TH, ONE PERSON STAYED IN OUR HOUSE UNTIL MARCH 3RD. SHE USED THE SHOWER ONLY 4 -5 TIMES. We were told that we would be responsible for the amount of $63. or so. We feel that we were absent when the reading showed 38, 000 gallons and that is totally odd. We are investigating the problem, so we were hoping "NOT TO BE ACCOUNTABLE for the above amount. These are strange circumstances. Thank you for your time and Nancy Anderson is aware of all. Chrystiane DeMers and Jean Vives P.O.Box 280 Fraser Co 80442 March 2, 2011 Respectfully, Jean Vives Chrystiane Demers PO Box 280 Fraser, CO 80442 -028 Nancy Anderson Utilities Administrator SUBJECT: Water Meter Assembly Dear Mr. Vives Ms. Demers: Account No. 2.6978, Service Address 1223 Rendezvous Road Meter ID#53875625 connected to MXU# 4184172 Town of Fraser PO Box 370, Fraser, CO 80442 office 970 726 -5491 fax 970- 726 -5518 www.frasercolorado.com To schedule your appointment, please contact the Fraser Water Superintendent Todd Conger at 970 -531 -1241. The appointment should take less than an hour. Through the Town's meter reading process it has come to our attention that you may have a leak or other water usage issue within or under your home. Your water mete, has registered a high consumption figure (38 thousand gallons) for the months of January and February. If you believe the problem is related to the water meter assembly and not another water usage issue, please contact the Town to investigate. To investigate, the Fraser Water Department will need access to the water meter assembly in your home. While conducting this inspection, we will need you or your representative present. Town staff is not authorized to be inside a home or in a crawlspace without the owner or owner representative present. For additional information regarding this letter, please contact Nancy Anderson, Utilities Administrator at 970 -726 -5491, extension 207 or Susan Stone, Project Manager at 970- 726 -5491, extension 203. METER ID 53875625 POST OFFICE BOX 370 FRASER, COLORADO 80442 PHONE 970 726 -5491 BILLING DATE: 12/31/10 ACCOUNT NO: 2.6978 Jean Vives Chrystiane Demers PO Box 280 Fraser CO 80442 METER READING TOTAL GALLONS PREVIOUS CURRENT USED (THOUSANDS) 231 248 17 Effective 1/1/2011, the Town of Fraser will begin charging for water usage at a rate of $1.50 per thousand gallons. To calculate your water usage amount, multiply the number in the Total Gallons Used column by 51.50, then add to the base water rate that has been set at S115.00 per SFE. These billing changes will appear on your 1st quarter billing in April 2011. Please make checks payable to: TOWN OF FRASER P.O. BOX 370 FRASER, CO 80442 Jean Vives Chrystiane Demers PO Box 280 Fraser CO 80442 MESSAGE ACCOUNT NO 2.6978 SERVICE ADDRESS: 1223 Rendezvous Road METER READ DATES: 09/27/10 TO 12/22/10 DESCRIPTION Previous Balance Water Water Usage Sewer Interest Water Interest Sewer Late Charge Water Late Charge Sewer AMOUNT DUE 240.00 G ,x_c2 TOTAL AMOUNT DUE: 240.00 DUE DATE: 01/25/11 Make checks payable to the Town of Fraser and write the account number in the memo line of check. Please note all post dated checks will be deposited upon receipt. Additional information can be found at www.frasercolorado.com under Government/Finance /Utility Billing and Rates. Please conserve water. Please detach and return LOWER portion with payment. DUE DATE 01/25/11 AMOUNT .00 119.00 .00 121.00 .00 .00 .00 .00 Request For Proposals 200 Eisenhower Avenue Submittal Deadline: April 29, 2011 5pm. SUMMARY The Town of Fraser owns 200 Eisenhower, and property located at the southeast corner of Eisenhower Avenue and Railroad Avenue in Fraser. The property currently includes a small (approximately 700 square foot) structure which most recently served as the administrative offices for the Grand County Housing Authority. While the structure is habitable, it is an old building and merits rehabilitation. The structure has been vacant since early 2007, and currently serves no public purpose. The Town of Fraser is seeking to put the facility back into productive use and is seeking proposals tolease and/or purchasethis property. Town of Fraser PO Box 370, Fraser CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com RequestforProposal Proposal Parameters It is anticipated that there may be a variety of different ways to make use of thisproperty and/or building. The Town is seeking proposals and/or development plans to evaluate the preferred course of action. Proposals may include, but are not necessarily limited to any or all of the following: Purchase at a proposed price. Lease. Lease/purchase. Purchase pursuant to a proposed development plan. All proposals must, however, include a detailed description of the proposed use and/or plans for the property. Submittal Requirements To simplify the review process and to obtain the maximum degree of comparability, the proposal should follow the outline as set forth below and, at a minimum, contain the information as requested. Respondents are encouraged to include additional relevant information. Information regarding the applicant/proposer Summary of proposed development plans and any relevant information Details regarding proposed purchaseprice or lease arrangements Any other applicable information An original copy of the proposal, along with three (3) copies must be received by the Town of Fraser no later than 5:00 p.m. on: Friday April 29, 2011. Selection Criteria All proposals will be reviewed and evaluated by the Town Manager. The approval of any proposalis subject to approval bythe Town Board of Trustees. The Town reserves full discretion to determine the capability of candidates. Candidates will provide, in a timely manner, any and all information that the Town deems necessary to make such a decision. The proposals submitted, and any further information acquired will become and are to be considered, a part of the final, completed contract. The Town may also reserve the right to retain all proposals submitted and use any idea or concept in a proposal regardless of whether that proposal is selected.The Town may elect not to pursue any of the proposals. Town of Fraser PO Box 370, Fraser CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com RequestforProposal For More Information Any questions regarding this Request for Proposals should be directed to Jeff Durbin, Town Manager at 970-726-5491x202 or jdurbin@town.fraser.co.usno later than 3 business days prior to the April 29, 2011deadline. Town of Fraser PO Box 370, Fraser CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com RequestforProposal Clerks Briefing May 4, 2011 Liquor License: I have had 3 inquiries for new liquor licenses. A lot of variables surround most of the applications so it may be a few weeks or months before they are scheduled before the Local Licensing Authority. Jeff is working on options for the Local Licensing Authority and we will update you when we have any information. stth CML Annual Conference is June 21-24. Hotel rooms are booking up quickly. Please let me know on Wednesday if you would like to attend and I can look into rooms. As always, feel free to contact me with any questions. Lu Finance Update:05/04/2011 Prepared:04/28/2011 Not a lot to report this week…no submittals! We will receive March Sales Tax receipts on May th , and shortly thereafter I should have the financials for April completed. 9 th of May On my plate currently isthe final cleanup of the audit report –Paul will be here on the 18 to present the audit to the Board and Community. Once the audit is finalized I will be loading all the transfers and carryover balancesinto the system. Once these entries are created l then can move forward with the 2012 Budget process. As a reminder the JFF budget needs to be completed several months prior to the Town’s budget due to the needs of the other entities involved. I am currently preparing for the transition into the “new year”for ouremployee’sinsurance coverage and cafeteria plan. We will be moving forward with the Vacation Rental byOwner verification programshortly as well.The business license billing will go out next week; I hope the community has valued their five months free of fees! I want to complete the final clean-up of the JFOC’s CRRS Memo for the respective entities as well. There is some work to complete in the chart of accounts for the JFF, which will present a better (more accurate) picture for the Boards of the involved Districts and the Town; separating capital projects and capital reserve projects from the normal O&M expense lines. As always pleasecontact me with any questions or concerns you might have: 726-5491 X206 or at nhavens@town.fraser.co.us. Nat Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491fax 970-726-5518 www.frasercolorado.com PLANNINGUPDATE (May 4, 2011) Planning Commission: Working on code updates. The Planning Commission (PC) held a continued public hearing on the Planned Development District Plan submittal for Byers Peak Ranchon April 27, 2011. The following is a brief project description submitted by the applicant: “Byers Peak Ranch is a 295 acre neighborhood located south of Mill Ave. and west of the railroad tracks.Fraser Valley Parkway bisects the site. The existing neighborhood to the north of the property includes single family, attached residences and apartments oriented in a traditional grid pattern; community meeting facilities, TownHall, Town maintenance facilities and the Fraser Elementary School. The PDD for Byers Peak Ranch contemplates 498 detached and 938 attached residential units, 350 lodging units, RV sites and 270,000 sf of commercial/industrial units. The residential product types will vary throughout the community and include single family lots, attached units, and lodging integrated into a cohesive community linked by open space corridors. The community will includea central open space and park with recreational uses and ponds that will be accessible to all residents. The commercial/industrial uses are located along the railroad tracks and will serve as a transition from the railroad tracks to the residential neighborhoods. There will also be some commercial uses along the Fraser Valley Parkway to serve the residents and visitors.” We had lots of Planning Commission andpublic comment on the proposed annexation and land uses associated within the fourteen planning areas. The PC continued the public hearing until May 25, 2011. th We have scheduled a special PC meeting on May 11, 2011 to review a development proposal andreview code amendments. Fraser Business/Community Forum: The next forum has been scheduledfor Tuesday, May 10th, 2011. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491fax 970-726-5518 www.frasercolorado.com Municipal Code Updates: Working on code edits to the Subdivision Regulations, Minimum Design Criteria & Construction Standards, Business Zone Regulations,and Sign Code. Building Permits: We are in receipt of a single family building permit for a home on Cozens Ridge. Yahoo! Trails: Great Outdoors Colorado (GOCO) recently awarded the Colorado Youth Corps Association (CYCA) $500,000 in funds to be dedicated equally between GOCO’s Open Space and Local Government purposes.The goal of these funds is to employ youth and young adults (ages 16-25) throughout the state on critical outdoor recreation and land conservation projects using the network of youth corps accredited by CYCA. We will be partnering with the Town of Winter Park on a grant application to use the CYCA to help us build the Fraser River Trail connection this summer. Please contact me with questions and/or comments. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491fax 970-726-5518 www.frasercolorado.com PUBLIC WORKSBRIEFING (As of 4/28for 5/04/2011meeting) WATER~ Continue cross training PW staff to read water meters. Continue with implementation of SEMS utility program. Making progress with the development of our backflow prevention program. SANITARY SEWER~ Cure-In-Place-Pipe (CIPP) Slip liningproject:WSU arrived in Fraser last week and began with some prep work on our sewer lining project. They will be working in the business district this week and again next week. A section of 8 inch pipewas found to be collapsed in Quail Drive which may need to be excavated in order to make the repair. We will know more at the first of the week. There are many sewer servicelines that have ‘massive’ amounts of I&I where the service tiesinto the main.This issue will need to be addressed in the very near future in an effort to maximize the benefit of our slip lining project. This should be a discussion item for the W-WW Committee with a recommendation to the Board. Once the lining of the mains is complete and the post-inspection videos are performed and reviewed, we can begin discussions on an approach to this final push to eliminate the I & Iand how the Town achieves this goal. We are also waiting for the issuance of a ROW permit from CDOT to complete the lining of a main that runs in US40 from the Fraser Valley Ace down to andin front of the Conoco-Quick Stop property. STREETS~ Anaddendum will be issued this Friday for the Chipseal project bid packets quantities and type of chip and seal (single vs.double) applications. With these changes we will be able to accomplish many more lane miles ofsingle Chipsealthanhad we done moreof thedouble Chipseal.If anyone hasunanswered questions from the last meeting regarding the streets and drainageimprovement projects, please contact me so that I can be prepared to have a discussion at the upcoming board meeting. Repairing the street sweeper in anticipation that it will stop snowing one day and we can start sweeping the sand and dirt from the streets. We have seen a number of tree blow-downs in the RV subdivision over the past couple of weeks. The log jams in the Fraser River above and below the RV Bridgewere removed last week in advance of the anticipated spring run-off. Also in preparation of high water in the rivers, we have staged empty sand bags and sand in the sand castle over at the shop. There is also a ‘sand bag machine’, human – powered OEM is placing an ad in the local paper informing residents of locations, hours and phone numbers for those that may have a need for such items in the coming weeks. FVI -GP Drainage Issue: nd Update:Mediation efforts will beginon Monday May 2in Denver. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com STREETSCAPES~ Interviews and hiring of seasonal summer staff is in the works. I met with WP’s PW Director last week to discuss our approach to working collaboratively on the construction of the . WP will be writing a Fraser River Trail: FR-WP Connector grant to GOCO requesting the Colorado Youth CorpsAssociationto provide trail building labor for 2 weeks. They would camp out at the old Sitzmark propertyduring their stay. Fraser is being asked to provide a letter of support for the grant application. DEVELOPMENT~ Continue with construction and utility standards updates and consolidationof documents and drawings. anordin@town.fraser.co.usor 970-531-1844. Questions or Concerns? Email me: Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com April 18, 2011 Colorado Garden Show 959 S. Kipling Parkway Lakewood, CO 80226 Dear Review Committee: Jeffrey L. Durbin Fraser Town Manager The Town of Fraser is in full support of Grand Community Garden's proposed plans to locate a new garden site in the Fraser Valley. The garden sites currently available through the Grand Community Gardens are too far for our residents to be able to successfully utilize. We do know through a recent survey conducted, and the participation in local gardening classes, the interest level is very high. The fact that Grand Community Gardens is now in their 4 year of operation and additionally has partnered with CSU Extension, The Fraser Valley Metropolitan Recreation District, and The Rural Health Network gives us confidence that this project will be successful and a great asset to our community. The Town of Fraser is interested in building a community that projects healthy living and values sustainability. Community gardening will help us do that by providing a positive social and recreational outlet for young and old alike. Community gardening helps people to focus on healthy eating choices, staying physically active, and environmentally conscious. The benefits of Grand Community Gardens project are substantial enough that the Town of Fraser supports the project and is providing technical assistance. It is our hope that you will also consider funding this project to make it a reality for our residents. Sincerely, io -t of trtser PC) Ho 370, Fraser, CO 80442 office 970 -720 349 6" )70- www.asa c• ■E", it 2 :-Z1Z9h 03 cr 0 co W C g 5 o w co (I) (t) (D 0) 3 O 0 i 09 0 0) a) co 3 -0 ET o to c o c- o 0 Q. C R I 50 5 c cr, a) 13 0 13 n, a o 7 3 3 cn 5' c cD 8 2.1 8 0 g lib/ 5' C reek g CL` a ip: S. iii if 0 0 ?_C .L4"eek 0 2) 2 a 8. o 3 .9,. 6.1., .0 -0 0) '53 (0 Co P 94 1 1 5 c o. Er E. T c '0 cn a 7,2 3 co co 8 ,....cE co oz Fs 1.P- c• 6'2 'D E 2 53, 0 Er ccl o 0 3 12% 07 8 th -o co c CD 01 -o w EF C..) sli e..) o Fo a co 8 CD o 0, --h O x- st cD 8' O o a o sn (D n 2 0 Er co 0 o 0 o 0 co 0..ftn 5 0) C ca, o a 51; G./3T Watershed C 0/ 0