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HomeMy Public PortalAboutTBP 2013-09-04 FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, August 21, 2013 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Mayor Peggy Smith; Mayor Pro-Tem Steve Sumrall; Trustees; Philip Naill, Eileen Waldow, Vesta Shapiro, Cheri Sanders and Adam Cwiklin 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, Town Attorney Rod McGowan Others: See attached list Mayor Smith called the meeting to order at 7:02 p.m. 1. Workshop: Business Directional Signage Program 2. Regular Meeting: Roll Call 3. Approval of Agenda: Trustee Sumrall moved, and Trustee Naill seconded the motion to approve the Agenda. Motion carried: 7-0. 4. Consent Agenda: a) Minutes—July 17, 2013 b) Resolution 2013-08-04 Approving Minor Subdivision - Replat of Lot 3, Broken Wagon Wheel Estates C) Ordinance 412 Municipal Fine Increase d) Ordinance 413 Amending Model Traffic Code speeds e) Resolution 2013-08-01 Regarding Ballot Questions in the November 5, 2013 Election and Enter Into an Intergovernmental Agreement with the County of Grand for the Coordinated Election Trustee Naill moved, and Trustee Shapiro seconded the motion to approve the consent agenda. Motion carried: 7-0. 5. Open Forum: Jane Mather requested the Board talk further with the community regarding the BPR Annexation. 6. Updates: Page 2 of 3 a) Library District—The library gave an update on the current programs available through the district. The proposal for a 1.5 increase in mill levy was also discussed. 7. Public Hearings: 8. Discussion and Possible Action Regarding: a) Resolution 2013-08-02 Providing For The Submission Of Referendum Ballot Questions To A Vote Of The Registered Electors or Ordinances 414 & 415 Repealing Ordinances 407 & 409. TA McGowan briefed the Board on the process of the referendum and future steps regarding the ballot question. Mayor Smith addressed the Board and attendees regarding the Resolution submitting a referred ballot question to a vote. Trustee Sumrall moved, and Trustee Shapiro seconded the motion to approve Resolution 2013-08-02 Providing For The Submission Of Referendum Ballot Questions To A Vote Of The Registered Electors. Motion carried: 6-1. Sumrall —aye Cwiklin —aye Smith - aye Sanders— aye Shapiro - aye Waldow— nay Naill —aye b) Resolution 2013-08-03 Authorizing Ballot Issues Regarding an Increase In Mill Levies For Water And Sanitary Sewer Operations and Maintenance and Regarding the Imposition of an Additional Tax On Retail Marijuana Sales, and Establishing the Ballot Title and Submission Clause For Such Ballot Issues. TM Durbin outlined the need for a proposed 5 mill levy to build reserves for the water and wastewater funds. Discussions were held regarding the amount of ballot questions on the upcoming November ballot. Retail marijuana regulations are currently being set at the State level. If the Town were to allow these facilities the Town is proposing adding an additional 5% tax to the sale of retail marijuana. Trustee Cwiklin moved, and Trustee Shapiro seconded the motion to approve Resolution 2013-08-03 Authorizing Ballot Issues Regarding an Increase In Mill Levies For Water and Sanitary Sewer Operations and Maintenance and Regarding the Imposition of an Additional Tax On Retail Marijuana Sales, and Establishing the Ballot Title and Submission Clause For Such Ballot Issues. Motion carried: 7-0. C) Disposable Bag tax or fee TM Durbin briefed the Board on the information gathered from discussions with Fraser business owners regarding a tax or fee. 9. Community Reports: 10. Other Business: Page 3 of 3 Trustee Shapiro moved, and Trustee Cwiklin seconded the motion to adjourn. Motion carried: 7-0. Meeting adjourned at 8:49 p.m. Lu Berger, Town Clerk MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING (the "MOU") is made and entered into this 4t" day of September, 2013 in order to memorialize the terms of agreement for the Volunteer Winter Grooming Program on the Fraser River Trail between the HEADWATERS TRAIL ALLIANCE (hereinafter "HTA") and The Town of Fraser, by and through its Fraser Board of Trustees (hereinafter "TOWN"). RECITALS: WHEREAS, the Fraser River Trail is owned by the TOWN and is located on open space owned by the TOWN or within easements held by the TOWN; and WHEREAS, HTA was formed to advocate and manage trails in Grand County, Colorado and the incorporated areas set forth in the Plan; and WHEREAS, HTA is in partnership with the TOWN to preserve, protect, build and maintain trails in the TOWN and throughout Grand County and both entities share the common goal of creating and sustaining the public system of networked trails and access for all appropriate recreational users; and WHEREAS, the parties desire to enter into an agreement regarding their rights and obligations for Volunteer Winter Trail Grooming. NOW THEREFORE BE IT AGREED AS FOLLOWS: RIGHTS AND OBLIGATIONS OF THE PARTIES: 1. HTA has agreed to establish and manage a Winter Trail Grooming Program for the Fraser River Trail. 2. HTA will assume all responsibilities for the program which will include, at a minimum, the following: a. HTA will ensure that all volunteers execute appropriate liability waivers and release forms. b. All volunteers will be provided with appropriate safety training and grooming education to ensure safe grooming operations and safe trail conditions for trail users (including but not limited to pedestrians, snowshoes, nordic skiers, and bicyclists). c. All volunteer groomers must wear/use appropriate safety equipment and proper winter clothing. d. All volunteers must wear safety vest and have orange pole-mounted safety flag on equipment during grooming operations. e. "GROOMERS ON TRAIL" signage shall be posted during grooming operations in appropriate locations to inform users of operations ahead. f. Volunteers shall be prepared to respond to inquiries from the general public/trail users regarding the nature of the grooming operations and that no unauthorized motorized vehicles are permitted on TOWN trails. 1 g. HTA and volunteers are not authorized to make any changes to trail alignments or any other trail improvements without prior approval from TOWN. h. HTA will immediately provide TOWN with a written report regarding any safety concerns noted on the trail and any accidents or incidents that may occur during grooming operations. i. HTA will incorporate any other appropriate program requirements and volunteer arrangements to implement the Winter Grooming Program. j. HTA will remedy any damage to Town facilities or safety concerns caused by grooming operations immediately upon notice by TOWN or other timeframe as agreed to by both parties. 3. The TOWN agrees to support the Winter Trail Grooming Program as follows: a. The TOWN will use reasonable efforts to avoid excessive snow storage within areas needed for grooming access to the trail or at locations where the trail crosses a roadway. HTA recognizes that public safety along roadways will take precedence in the TOWN's snow management operations, and TOWN will use its best efforts to incorporate HTA requests to change snow management practices to accommodate the Winter Trail Grooming Program. b. The TOWN makes no representation that the existing bridges on the trail are adequate to support grooming equipment, but, will use reasonable efforts to make improvements to bridges and other improvements necessary to support the Winter Trail Grooming Program. c. The TOWN is currently a funding partner of HTA. The TOWN is not committing any further financial support to this program. 4. HTA agrees to coordinate any grooming or maintenance activities with the TOWN and further agrees to work around any activities performed by the TOWN during the course of normal business and any special events that may be occurring during the winter season. HTA will provide contact information to the Fraser Winter Park Police Department along with information regarding scheduled operations. 5. Winter Trail Grooming Operations are not TOWN operations and volunteers or employees related to the program are not TOWN employees, contractors, or agents. 6. The TOWN may require any changes to the Winter Trail Grooming Program it deems necessary to ensure the safety of trail users or the general public. 7. HTA and/or the TOWN may terminate this agreement at any time without cause upon written notice. 8. This agreement does not provide any waiver of governmental immunity as provided by Colorado Statutes. 9. This agreement provides no conveyance of property rights and is not assignable. 10. HTA agrees to indemnify and defend the TOWN for any claims resulting from the Winter Trail Grooming Program. HTA further agrees to name the TOWN as an additional insured in a form and amount acceptable to the TOWN, and provide the TOWN with a certificate of liability insurance coverage evidencing the TOWN as an additional insured with respect to the Winter Trail Grooming Program. 2 11. This agreement is effective throughout the 2013-2014 Winter or no later than May 1, 2014. 12. Notice and Certification. All notices and communications required by this contract shall 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 HTA: Headwaters Trail Alliance The Town of Fraser P.O. Box 946 P.O. Box 370 Granby, CO 80446 Fraser, CO 80442 The terms outlined within this agreement have been accepted and agreed to by the following parties on this 4th day of September, 2013: TOWN OF FRASER Jeff Durbin, Town Manager ATTEST: Lu Berger, Town Clerk [SEAL] HEADWATERS TRAIL ALLIANCE President STATE OF COLORADO ) ss. COUNTY OF ) Acknowledged before me on 2013, by as (date of signing) (name of signer) for the Title (owner/president) (company) Witness my hand and official seal. My commission expires: [S E A L] Notary Public 3 TOWN OF FRASER ORDINANCE NO. Series 2013 AN ORDINANCE AMENDING THE FRASER MUNICIPAL CODE BY ADOPTING PERMIT PROCEDURES AND OPERATIONAL REQUIREMENTS FOR SPECIAL EVENTS WITHIN THE TOWN OF FRASER. WHEREAS, the Board of Trustees finds and determines that the provisions of this Ordinance and the regulations herein adopted for the permit procedures and operational requirements for special events are reasonable and necessary to protect and preserve the health, safety and welfare of the citizens of the Town of Fraser, Colorado. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: PART 1 : AMENDMENT OF MUNICIPAL CODE. 1 .1 The Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Municipal Code"), is hereby amended by adding a new Article to Chapter 6 of said Code, to be numbered "Article 6 — Special Event Permit Procedures", which shall read as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 1 .2 The Fee Schedule set forth in Appendix A of the Municipal Code is hereby amended by adding the following fee under Chapter 6 of said Appendix A: Municipal Code-Based Fees,Costs and Deposits Code Section Fee/Charge Amount Chapter 6 6-6-40 Application fee for Special Events $150.00 plus reimbursement of any additional fees or expenses incurred by the Town and/or reimbursement of any Town expenses incurred in excess of this amount. 6-6-40 Special Event Liquor License fee $100.00 6-5-40 Special Event Business License $20.00 6-6-60 Special Event Surety Deposit $TBD;Based on size and scale of the event. (Applicable only if event is held on Town property) PART 2: PENALTY CLAUSES. The following section of the Code of the Town of Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance, and such section is herewith set forth in full and hereby enacted: Sec. 1-4-10. General penalty for violation. It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code; and where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine not exceeding two thousand six hundred fifty dollars ($2,650.00), by imprisonment for a term not exceeding one (1) year, or by both such fine and imprisonment. Each day such violation continues shall be considered a separate offense PART 3: 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 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance or the said Codes adopted herein 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 or said Codes. The Town of Fraser hereby declares that it would have adopted this Ordinance and said Codes, 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 6: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS DAY of SEPTEMBER, 2013. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: TOWN OF FRASER, COLORADO Votes abstained: BY: Peggy Smith, Mayor ATTEST: ( SEAL ) Lu Berger, Town Clerk Published in the Middle Park Times on 2013. - 2 - ARTICLE 6 Special Event Permit Procedures Sec. 6-6-10. Definition. (a) As used in this Article, the following word shall have the following meaning unless the context clearly requires otherwise: Special event means any organized activity involving the use of, or having an impact on, public facilities, parks, sidewalks, street areas or the temporary use of public or private property. Sec. 6-6-20. Authority. The Fraser Board of Trustees shall hear and decide each application for a special event permit. When a person applies to the Town for a special event permit, the application shall be referred to the Town Board and the procedure shall be as provided in this Article. Sec. 6-6-30. Permit required. A special event permit application shall be prepared on a form provided by the Town of Fraser. The Town Clerk shall endorse the date of its receipt on the application and shall schedule a public hearing. Any special event held at the Fraser Historic Church/Community Center is exempt from the regulations herein described in this Article 6. If alcohol will be served at the event, the applicant must comply with all applicable Town and State regulations. Sec. 6-6-40. Application for a special event permit and application fee. A special event permit application shall be prepared on a form provided by the Town Clerk's office. An application fee shall be paid at the time of filing the special event permit application. The amount of the application fee shall be in accordance with the current fee schedule in effect when the application is filed, as established by the Board of Trustees. The application must be submitted thirty five (35) days prior to Fraser Town Board meeting at which it will be heard. In addition to the application, the following information is required: (a) Copies of a site map showing proposed development of the site, including topography, building locations, parking, traffic circulation, usable open space, landscaped area, utilities and drainage fixtures in a format and quantity as specified by Town staff. - 3 - (b) A description of the nature of the proposed special event and its operating characteristics and measures proposed to mitigate impacts with other properties in the vicinity and the general public. (c) If the property is owned by other property owners than the applicant, a letter of permission to use the property for the proposed use must be included. (d) Any other information that may be required in order for the Fraser Town Board to make an informed decision, as determined by the Town. Sec. 6-6-50. Procedures. (a) Upon receipt of an application for a special event, the Town Clerk shall promptly schedule a public hearing upon the application. The Town Clerk shall post and publish public notice thereof not less than ten (10) days prior to the hearing. The Town Clerk shall give public notice by the posting of a sign in a conspicuous location at the site of the proposed event and by publication of the notice in the official newspaper of general circulation of the Town. (b) The notice of the hearing, which is posted and published, should at a minimum, contain the following: The time and place of hearing; the name and address of the applicant; a brief description of the land and/or event which is the subject of the matter to be heard; and the purpose of the hearing and the special event requested. (c) The Town Board shall conduct a public hearing on the matter. The applicant has the burden of presenting all necessary and relevant information and evidence in support of the application to enable the Board to consider the matter and to make findings on the subject. (d) The Town Board shall consider the following criteria: • The health, safety and welfare of the residents of the Town; • The effect on the surrounding neighborhood; • The likelihood of a nuisance being created; • Whether the event does not substantially or inalterably change the character of the neighborhood and the Town of Fraser. Sec. 6-6-60. Issuance or denial of special event permit. After hearing the evidence and considering the application, the Town Board shall make its findings via resolution. If the Town Board grants a special event permit, it may impose any conditions which it considers necessary to secure the purpose of Town regulations and give effect to the Comprehensive Plan or other applicable Town policies. If the special event is proposed to be held on Town property, the Applicant - 4 - shall provide the Town with a current certificate of liability insurance and endorsement naming the Town as an additional insured. Such insurance shall be provided in an amount and form approved by the Town. In addition, if the special event is proposed to be held on Town property, a surety deposit may be charged depending on the size and scale of the event. (a) In its findings, the Board shall report the facts found and its conclusion whether a permit or application is granted, granted with conditions or denied. Sec. 6-6-70. Duration of permits. (a) A special event permit which is not used within the time frame specified in the permit is void. A special event permit is void upon completion of the event as specified within the permit application. (b) Should the event be a more permanent and repetitive nature (i.e., repeating over numerous weekends, months, or years), the Town Board shall have the discretion to issue a permit to accommodate multiple events or a designated event for multiple months or years. Sec. 6-6-80. Revocation of permits. (a) The Town may revoke a special event permit for any of the following grounds: • Violation of this Article; • Violation of any permit conditions; • Causing or allowing a nuisance in connection with the premises; • If at any time during the special event, it appears that the health, safety and welfare of the participants at the special event are in imminent danger, the Town shall have the right to enter upon the property and take whatever action as may be reasonably required, in the Town's judgment, to protect and preserve health, safety and welfare. (b) If the Town finds that there is probable cause for revoking a special event permit, the Town Board shall give notice of a hearing to the permittee and the public in the same manner as notice of a hearing for an application for a special event permit. The Town Board shall hold a hearing on the question of revoking the permit and if it finds that ground for revocation exist, it shall revoke the permit. Sec. 6-6-90. Penalty. Failure to comply with the provisions of this Article shall constitute a violation of this Code and, in addition to being grounds for denial or revocation of a special - 5 - event permit, such violation may be punished as provided in Section 1-4-10 of this Code. - 6 - y r C O I L O R A D O AM SPECIAL EVENT PERMIT PACKET This packet contains the necessary application forms and information to apply for a special event permit in the Town of Fraser. Please review the packet and contact the Town Clerk with questions. All forms should be typed or printed legibly. The application and documents along with any applicable fees must be submitted to the Town Clerk. Incomplete applications will not be accepted. Should you need any additional information or have any questions, please contact me. Sincerely, Lu Berger Fraser Town Clerk lberger(a)town.fraser.co.us 970-726-5491 ext. 201 www.frasercolorado.com Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com SPECIAL EVENT PERMIT APPLICATION PACKET Process and Guidelines Qualifications: Alcohol may not be served at special events without a permit— if alcohol will be served at the event, the applicant must meet the qualifications below and complete the appropriate form. An event is exempt from the alcohol permit requirements, if the event is taking place at a location that is already licensed by the local licensing authority and State of Colorado to serve alcohol. Liquor Permit Qualification: Applicants must be non-profit and registered with the Colorado Secretary of State for purposes of social, fraternal, patriotic, political or athletic nature, and not for monetary gain; or which is a regularly chartered branch, lodge or chapter of a national organization or society; or which is a regularly established religious or philanthropic institution; or a political candidate who has filed the necessary reports and statements with the Colorado Secretary of State. Limitations: Organizations may have no more than fifteen (15) Special Events Liquor Permits per calendar year. Applications must be received by the Town Clerk no later than thirty (30) days prior to the event. Fees: A $150 per day Special Event Permit Fee is required by the Town of Fraser. If the applicant is applying for a Special Events Liquor License, there is a $100.00 fee payable to the Town of Fraser. A local Business License is required, a $20.00 fee is payable to the Town of Fraser. A $TBD Surety Deposit; based on size and scale of the event. (Applicable only if event is held on Town property) Application Process: Submit the completed application packet to the Town Clerk; please utilize the checklist to ensure the application package is complete. Incomplete application packets will not be accepted. The application is reviewed by Town Staff and recommendations are forwarded to the Town Board for consideration at a public hearing. The Town Clerk will notify the applicant of the date for the public hearing and request that the applicant or a representative be present. The premises where the event is to be held will be posted with a Notice of Application by the Applicant not less than ten (10) days prior to the hearing. At the public hearing, the application will be considered and be either granted/denied by the Town Board. Premises: Proof of possession or evidence of permission to use the premises must be provided to the Town as part of the application. By submitting an application, the applicant agrees to the following conditions: 1. Crowd must be orderly. 2. No staking or trenching is allowed on public property without prior approval. 3. Area must be cleaned and all trash removed at completion of event. 4. Vehicles must stay off grass and walkways. 5. Applicant is responsible for and will be charged for any damage incurred during the event, including during set-up and clean-up. 6. Applicant and event participants will comply with all Town rules, regulations and ordinances. 7. Premises must be secured with adequate fencing. 8. Sale, consumption or dispensing of alcoholic beverages on public property without a license is prohibited by the State. Security: Applicant must provide a safe and secure environment for the event. Security personnel must wear visible identification at all times; if professional security personnel are to be used, applicant must provide their contact information with the application. Larger events may be required to have police services and associated costs shall be the responsibility of the applicant. The Chief of Police reserves the right to place officers at events as deemed necessary in the interest of public safety. Sanitation and Recycling: Applicant is responsible for proper disposal of waste and garbage from the event. Such a failure may result in denial of any future Special Event Permits. Amplified Noise Notification: Amplified noise can only be created between 7:00 a.m. and 10:00 p.m.; the arrangement of speakers and or instruments should be such that it minimizes the disturbance of others beyond the immediate event area. If it is proposed the event will extend outside these set times, please include a written request for a variance of the noise restrictions in the application packet. Parking and Transportation: Applicants are responsible for providing adequate and accessible parking and traffic mitigation for their event. Please include details on the site/premise diagram. Business License: A local Special Events Vendor License and/or Business License is required of any person(s) or entity engaged in the sale of products or services within the town limits, regardless of actual business location. If there will be independent vendors at your event (i.e food, retail) each vendor is required to have a license. An alternative is for the event sponsor to act on behalf of all vendors as to congregate and submit all taxes (additional reporting requirements apply in this situation) a Special Events Vendor License would be required for the sponsor or a normal town Business License. It is your responsibility to inform vendors of this requirement. SPECIAL EVENT PERMIT APPLICATION PACKET CHECKLIST Application Information Checklist Completed Town of Fraser Special Event Permit Application Completed Colorado Department of Revenue Form DR 8439 Applicable Fees* $150 per day Local Special Event Permitting Fee $100 Special Event Liquor License Application Fee (Please note State fees are not applicable). $20 Special Event Business License $TBD Surety Deposit; based on size and scale of the event. (Applicable only if event is held on Town property) Diagram of the area or site map to be licensed reflecting bars, walls, partitions, egress and dimensions. Note: If the event is to be held outside, please submit evidence of intended control, (i.e., fencing, ropes, barriers, etc). Copy of deed, lease, or written permission of owner for use of the premises. Certificate of good corporate standing (NONPROFIT) issued by the Secretary of State within last two years; or If not incorporated a NONPROFIT charter Current certificate of liability insurance and endorsement naming the Town as an additional insured APPLICATION MUST BE SUBMITTED TO THE LOCAL LICENSING AUTHORITY AT LEAST THIRTY FIVE (35) DAYS PRIOR TO THE EVENT. THE PREMISES TO BE LICENSED MUST BE POSTED BY THE APPLICANT AT LEAST TEN (10) DAYS BEFORE A HEARING CAN BE HELD. (12-48-106 C.R.S.) POSTER TO BE SUPPLIED BY TOWN CLERK West Slope Principles for the Colorado Water Plan 1. Solutions in the Colorado Water Plan (CWP) to supply water for growth and development in one part of the state should not over-ride land use plans and regulations adopted by local governments in the part of the state from which water will be taken. 1'2'3'4'5'6'' 1.1 No new water supply projects or major changes in operation of existing projects should be planned unless agreed to by the county, conservancy district, and conservation district in the area from which water would be diverted. 1'3'5'6'' 1.2 The CWP must take into account pending projects, water supply plans, comprehensive land use plans, local regulatory authority, water quality plans (208 Plans), watershed plans, multi-party water agreements and related documents adopted by local governments in the area from which water would be taken. 1,2,3,4,5,6,7 1.3 Both the legislative basis and the legal impact of local government regulatory tools adopted to mitigate impacts of water projects should be recognized and protected. 3'6'7 1.4 The CWP should never elevate the agricultural interests in one part of the state over the agricultural interests in another part of the state to meet the demands of Front Range development. Agriculture is an important segment of the state's economy as a whole. Agriculture provides food independence, open space, wildlife habitat, cultural value, and economic activity wherever it is located. 1.5 Any new supply projects taking water from one area of the state to another should include funding for "compensatory projects" to serve the area from which the water is taken.7 2. The CWP should protect and not threaten the economic, environmental, and social well-being of the west slope. 1'2'3'5'6 2.1 The cornerstones of the west slope's economy are tourism, recreation, agriculture, and resource development, all of which are highly dependent upon water to be successful. The CWP should not facilitate additional diversions that could threaten the region's environmental, social and economic well-being. 1'2'3'6 2.2 To educate the public about existing conditions on the west slope, the CWP should identify the location and amounts of water that are already diverted every year from the west slope to the east slope, and discuss the historic and current consequences of those diversions. 1,2,3,6,9 1 2.3 The state should not facilitate, politically, financially, or legally, any new water supply projects from the Colorado, Yampa/White or Gunnison River Basins to the Front Range without the consent of the county, conservancy district, and conservation district in the basin of origin, and unless impacts are avoided and mitigation is provided. 1'2'3'6' 2.4 New supply projects that involve storage on the west slope must make a significant amount of water available to west slope water uses. New supply projects that involve storage of west slope water in an east slope storage project must provide compensatory storage to protect existing and future west slope water uses, as well as the environmental and non-consumptive needs of the basin of origin.' 2.5 The CWP must protect investments in public water and wastewater facilities by ensuring that costs to upgrade and operate these facilities do not increase because of Front Range water projects.5 2.6 The CWP must afford recreational in-channel diversions and CWCB instream flows the same status as other water rights that are protected under Colorado law. 3'6 Other west slope non-consumptive water needs must be factored into the CWP. 2.7 Water quality protection efforts of the west slope must be respected and enhanced by the CWP. 4'5'6 2.8 The historic use of west slope agricultural water rights provides a river flow regime that is relied upon by all west slope users and must be maintained.8 3. The CWP should identify a process and requirements for each basin to exhaust available water supply within its own basin before planning diversions from another area of the state. 1'2'3'' 3.1 Transmountain diversion water should be re-used to extinction to the extent allowed by law, before any proposed new supply development focuses on further west slope water supply. 1'2'3'6'' 3.2 Re-allocation of existing supplies in areas that need more water should be evaluated (e.g. rotational fallowing, changing to new uses, deficit irrigation).1'3'6'' 3.3 Front range infrastructure and water should be shared to meet future demands (e.g. WISE). Laws and regulations that improve such sharing should be considered. 3.4 New Front Range in-basin projects should be pursued to fully utilize in-basin supplies (e.g. Chatfield Reallocation, SIDS, Arkansas Conduit, indirect and direct 2 re-use, gravel pit storage projects), including maintaining and enhancing existing storage facilities. The CWP should encourage and facilitate dredging to keep capacity, and streamline efforts to enlarge storage by dredging when practical.3,6 3.5 The CWP should promote mechanisms to reduce demand through agricultural or municipal efficiency/conservation, land use and smart growth policies that further water conservation, and controls on water usage. 3'6'' Under no circumstances should agriculture be penalized for switching to more efficient water use methods. 3.6 The CWP should reject proposals for water to supply new development when and where there are insufficient water resources available to support them under all hydrologic conditions without creating risks for other water users. 1'3'6'' Any new supply projects that rely on diversions from the west slope should be developed within the existing water rights system and not afforded special status. 3.7 Front Range areas with present and future projected water shortages should pursue collectively financing projects that provide water resources to their areas. 4. The CWP should outline mechanisms to mitigate the risk of potential Compact curtailment of the Colorado River. For example, the CWP should adopt low-risk legal and hydrologic assumptions related to Colorado's obligations under the Colorado River Compact and the Upper Colorado River Basin Compact in order to minimize the risk of curtailment on existing uses of Colorado River basin water.' 4.1 There is disagreement on how much, if any, additional consumptive use water is available from the Colorado River. Because of justifiable reliance and financial investment, existing uses and users should be protected and not put at risk by new development. 4.2 The facilities and methodologies for protecting existing users from a compact curtailment, as well as for mitigation, must be in place prior to any new project or methodology that would take additional water out of the Colorado River Basin. 4.3 The CWP must disclose that fully developing the state's Colorado River compact entitlement will increase the chance of a compact curtailment that would impact existing users. 4.4 New projects in the Colorado River Basin should be supported and approved, if at all, only on conditions that will allow diversion and storage at times and in amounts that will not increase the risk of compact curtailment of other post- Compact water rights. 3 5. The State should not assume a role as a proponent of a water project until the State regulatory process has been completed and the project has been agreed to by the impacted counties, conservancy districts and conservation districts in the area from which water would be diverted. The above principles are taken from many sources of earlier water principles around the state. The numbers in the above principles indicate in which documents a similar principle may be found,including: 1 Colorado 58 Water Principles. In approximately 1999,58 Colorado Counties,signed onto these Water Principles,which were passed as a House Resolution as well. Z Colorado River Water Conservation District Policy Statement:Existing Transmountain Diversions,Adopted July 15,2008, readopted July 2011. http://www.crwcd.org/media/uploads/20110719-policies TMD Existing Proiects.pdf 3 Colorado River Water Conservation District Policy Statement:Transmountain Diversions,adopted March 16,2000,revised and readopted July 2011. http://www.crwcd.org/media/uploads/20110719-policies TMDs.pdf 4 Colorado River Water Conservation District Policy Statement:Water Quality,adopted July 2010. http://www.crwcd.org/media/uploads/20100720 policy water quality.pdf 5 NWCCOG Water Quality/Quantity Committee Policies,readopted November 2012. 6 2012 NWCCOG Regional Water Quality Management Plan(208 Plan). http://nwccog.org/docs/wss/rwgmp 2012/Vol%201 Policv%20PIan%202012%20208%20PIan.pdf 7Colorado Basin Roundtable Vision Statement(Nov.2010). 8 Orchard Mesa Check Case,91CW247,Water Division No.5. 9 i.e.Senate Document No.80,Windy Gap Project,Windy Gap Firming Project,Colorado River Cooperative Agreement 4 Z. Ir C D L OR A D O Finance Update: 09/04/2013 Prepared: 08/28/2013 No reports transmitted this week—sorry! There are not any scheduled at this point in the month! Life has been full of budgets, mainly preparing for tomorrow's budget presentation to the JFOC, and then my focus will be back on the Town and its Funds. Wish there was more exciting news to report— but then again what's more exciting than budget season? As always please contact me with any questions or concerns you might have: 726-5491 X206 or at nhavens(a)town.fraser.co.us. Town of Fraser PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com C OIL OR A I] O Treatment Plant update: • Pre-Treatment Facilities — Things seem to be working well, clean-up and building repairs will proceed upon completion of chemical building construction. • Secondary Treatment Facilities — We are installing new dissolved oxygen controls and sensors on the # 2 train and moving all the equipment indoors. • Disinfection Facilities — Due to extended use, one bank of UV bulbs were ordered and replaced. Replacement ballast boards were also ordered. • Solids Handling — With adjustments, the centrifuge has been working. Although, there is a need to make additional changes then report the results back to the manufacture. • Site & Landscape — Town staff has completed their weed spraying and road grading operations. • SBR — Draining of the tank has commenced in preparation for the concrete slab pour across the bottom. The air header pipe will then be attached without damaging the rubber liner that was installed two years ago. • Chemical Building — The project is moving along well. Please call if you have any questions. Joe Town of Fraser PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com r d O o O cy 'n G N C O 01 aE Ln r�C � � � v 00 � W 0) 0) 0) 0) m m 0)00 O ix m M O o O m m o O O 0 u '> '> Ln c t0 = X > CL N Co Q 0 0 0 0 0 0 0 .+ O I, n n m O rq � Cpp L 0 0 0 0 7 M -i C = Qt Qt O Qt ti O ti GJ p £ UI VI M VI N N ? O_ Ql lD lD r� lD n n 00 n � W b>0 O O V1 Ln O O Ln � n tD N lD N Q1 VI p £ M O O 't N O N n Q v1 v1 tD v1 v1 n tD VI VI I, M N N M _ lD lD lD lD lD lD lD O M p bA ? n > 0 C > N b\A M I N m p O 00 0 £ 00 N N ,*, A N N O O_Ln n � � ao O J >> V £ u C7 N on Q I,Q p C N N N I,M £ N N m N O O O p \ CO M w n 7k C W d > N JC > ? 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L N N N M N N 2 J f0 m c £ £ £ J f0 m c £ E E 40£ Q a v > v£ Q a v i v v ¢ p o ar ar ¢ p o v a " in z c a W FLOW PER DAY(MGD) O O O O N N N N N N N O N (n -�I O N (n V O N (n O (n O (n O (n O (n O (n O MON TUE WED THU FRI SAT SUN MON o o TUE WED o THU FRI SAT 0 o 3 SUN r+ MON 0 o TUE WED 3 THU CD FRI 3 SAT SUN CD 3 I MON r+ TUE WED THU FRI SAT I SUN MON TUE WED THU I FRI SAT SUN MON TUE 3nl NON Nns Ivs 1W nHl 43M 3nl NON Nns Ivs 1W nHl 43M 3nl NON Nns 3 Ivs 1W nHl s 43M I 3nl Q NON as-+ Nns I cQ Ivs o G 1W I nHl 0 0 43M i3nl NON • Nns Ivs 1W nHl (13M 3nl NON O Ln O Ln O Ln O Ln O Ln O in N O Il in N O r� in N O N N N r-I r-I r-I O O O O (a9W)Atha 113 d M01 3 INFLUENT FLOWS UPPER FRASER VALLEY TREATMENT PLANT Date Day Influent GCWS#1 WPR TOF MGD Influent Flow Influent Flow Influent Flow 1-Jun-13 Sat 0.821 0.484 0.143 0.194 2-Jun-13 Sun 0.809 0.452 0.161 0.196 3-Jun-13 Mon 0.75 0.436 0.131 0.183 4-Jun-13 Tue 0.727 0.418 0.11 0.199 5-Jun-13 Wed 0.721 0.353 0.108 0.26 6-Jun-13 Thu 0.662 0.204 0.101 0.357 7-Jun-13 Fri 0.662 0.38 0.107 0.175 8-Jun-13 Sat 0.741 0.421 0.173 0.147 9-Jun-13 Sun 0.705 0.399 0.125 0.181 10-Jun-13 Mon 0.663 0.369 0.095 0.199 11-Jun-13 Tue 0.658 0.35 0.114 0.194 12-Jun-13 Wed 0.64 0.343 0.094 0.203 13-Jun-13 Thu 0.653 0.342 0.098 0.213 14-Jun-13 Fri 0.678 0.348 0.1 0.23 15-Jun-13 Sat 0.715 0.374 0.124 0.217 16-Jun-13 Sun 0.708 0.355 0.124 0.229 17-Jun-13 Mon 0.651 0.313 0.103 0.235 18-Jun-13 Tue 0.642 0.315 0.111 0.216 19-Jun-13 Wed 0.652 0.326 0.111 0.215 20-Jun-13 Thu 0.641 0.304 0.116 0.221 21-Jun-13 Fri 0.674 0.323 0.127 0.224 22-Jun-13 Sat 0.728 0.36 0.16 0.208 23-Jun-13 Sun 0.725 0.341 0.162 0.222 24-Jun-13 Mon 0.673 0.302 0.129 0.242 25-Jun-13 Tue 0.643 0.296 0.155 0.192 26-Jun-13 Wed 0.629 0.322 0.11 0.197 27-Jun-13 Thu 0.619 0.364 0.107 0.148 28-Jun-13 Fri 0.648 0.411 0.098 0.139 29-Jun-13 Sat 1 0.711 0.398 0.112 0.201 30-Jun-13 Sun 0.715 0.396 0.1241 0.195 AVG. 0.689 0.360 0.121 0.208 MAX 0.821 0.484 0.173 0.357 MIN 0.619 0.204 0.094 0.139 INFLUENT FLOWS UPPER FRASER VALLEY TREATMENT PLANT Date Day Influent GCWS#1 WPR TOF MGD Influent Flow Influent Flow Influent Flow 1-Jul-13 Mon 0.664 0.319 0.11 0.235 2-Jul-13 Tue 0.646 0.289 0.124 0.233 3-Jul-13 Wed 0.695 0.303 0.136 0.256 4-Jul-13 Thu 0.76 0.342 0.185 0.233 5-Jul-13 Fri 0.841 0.398 0.196 0.247 6-Jul-13 Sat 0.826 0.382 0.176 0.268 7-Jul-13 Sun 0.766 0.368 0.17 0.228 8-Jul-13 Mon 0.673 0.326 0.145 0.202 9-Jul-13 Tue 0.635 0.302 0.129 0.204 10-Jul-13 Wed 0.63 0.307 0.135 0.188 11-Jul-13 Thu 0.625 0.3 0.149 0.176 12-Jul-13 Fri 0.67 0.316 0.144 0.21 13-Jul-13 Sat 0.648 0.339 0.155 0.154 14-Jul-13 Sun 0.751 0.351 0.159 0.241 15-Jul-13 Mon 0.647 0.269 0.161 0.217 16-Jul-13 Tue 0.614 0.264 0.132 0.218 17-Jul-13 Wed 0.619 0.247 0.135 0.237 18-Jul-13 Thu 0.649 0.269 0.144 0.236 19-Jul-13 Fri 0.714 0.317 0.144 0.253 20-Jul-13 Sat 0.819 0.389 0.178 0.252 21-Jul-13 Sun 0.777 0.387 0.181 0.209 22-Jul-13 Mon 0.657 0.277 0.178 0.202 23-Jul-13 Tue 0.615 0.249 0.13 0.236 24-Jul-13 Wed 0.633 0.266 0.136 0.231 25-Jul-13 Thu 0.674 0.278 0.152 0.244 26-Jul-13 Fri 0.67 0.289 0.147 0.234 27-Jul-13 Sat 0.74 0.316 0.157 0.267 28-Jul-13 Sun 0.736 0.301 0.152 0.283 29-Jul-13 Mon 0.645 0.263 0.126 0.256 30-Jul-1 31 Tue 0.6451 0.2431 0.1131 0.289 31-Jul-1 31 Wed 0.6711 0.2581 0.1241 0.289 AVG. 0.689 0.307 0.148 0.233 MAX 0.841 0.398 0.196 0.289 MIN 0.614 0.243 0.11 0.154