HomeMy Public PortalAboutTBP 2014-02-19 FRASER BOARD OF TRUSTEES
MINUTES
DATE: Wednesday, February 5, 2014
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, Plant Supervisor Joe Fuqua, Town
Attorney Rod McGowan
Others: See attached list
Mayor Smith called the meeting to order at 5:05 p.m.
1. Roll Call
2. Approval of Agenda
3. Executive Session For a conference with the Town's Attorney for the purpose of
receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4) (b)
and for the purpose of determining positions relative to matters that may be subject to
negotiations, developing strategy for negotiations, and/or instructing negotiators, under
C.R.S. Section 24-6-402(4)(e) regarding a(n) request for out of town water and sewer
service and to include, Town Manager Durbin, Town Attorney McGowan, Finance
Manager Havens, Public Works Director Nordin, Town Water Engineer Mark Palumbo,
Consultants Ed & Jessica Harvey, Special Counsel Chris Thorne.
Trustee Sumrall moved, and Trustee Shapiro seconded the motion to enter executive
session. Motion carried: 7-0.
Enter: 5:07
Exit: 7:05
Trustee Sumrall moved, and Trustee Sanders seconded the motion to exit executive
session. Motion carried: 7-0.
Attorney's Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B).
As the attorney representing the Town of Fraser, I am of the opinion that the entire
Executive Session, which was not recorded, constituted a privileged attorney-client
communication.
Page 2 of 3
Rod McGowan, Town Attorney
4. Consent Agenda:
a) Minutes —January 22, 2014
Trustee Naill moved, and Trustee Shapiro seconded the motion to approve the consent
agenda. Motion carried: 7-0.
5. Open Forum:
Motor Coulson - addressed the Board regarding animal control. She has concerns over
the failure of pet owners picking up after their pets along Mill Avenue.
Andy Miller - has issues with opening the packet on his computer. He also had concerns
with not having the crosswalk signs on highway 40 during winter months.
Melanie Zwick—complimented FM Havens that the budget figures are in the black.
Wanted to know why the reserves in the water fund were not used for the Fraser Firming
Project.
Jane Mather— happy to see Fraser has submitted a grant request for help with the
firming project.
6. Public Hearings:
a) Zoning Code Amendments -
Trustee Cwiklin moved, and Trustee Shapiro seconded the motion to re-open the public
hearing on Zoning Code Amendments. Motion carried: 7-0
TP Trotter briefed the Board on the Planning Commission's recommendation for
adoption of the zoning amendments.
Public Comment was taken from Andy Miller & Melanie Zwick.
Trustee Sumrall moved, and Trustee Shapiro seconded the motion to close the public
hearing on Zoning Code Amendments. Motion carried: 7-0
7. Discussion and Possible Action Regarding:
a) Byers Peak Properties Out of Town Service Proposal
Jack Bestall, Byers Peak Properties, presented a Power Point on their proposal for out
of town water and sewer service.
Comment was taken from Jane Mather & Andy Miller
b) Ordinance No. 416 Zoning Code Amendments
Page 3 of 3
Trustee Sumrall moved, and Trustee Sanders seconded the motion to approve
Ordinance No. 416 Zoning Code Amendments. Motion carried: 7-0
C) Proposed Building Code Amendments
Brian Szczepanski addressed the Board regarding the proposed building code
amendments relating to retro fitting mixed use structures and the subsequent hardships
some of these changes may cause.
Dennis Soles, Asst. Fire Chief and Fire Code Official for East Grand Fire voiced his
support of the proposed changes.
The Board directed staff to bring back an Ordinance adopting the proposed code
amendments.
d) 2014 Open Space/Trail Planning and Grant Opportunities
Staff outlined the opportunities of several grants for open space projects.
8. Community Reports:
9. Other Business:
Trustee Shapiro moved, and Trustee Cwiklin seconded the motion to adjourn. Motion
carried: 7-0. Meeting adjourned at 9:35 p.m.
Lu Berger, Town Clerk
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C O E O R A D O
Clerks Update
February 19, 2014
In the packet is a Resolution authorizing the Town Clerk to appointjudges for the upcoming
April 1, 2014 election. This Resolution is standard during an election year, thus we chose to put
it under the consent agenda. If you feel it should be moved to a discussion item, please let me
know.
As always, if you have any questions feel free to give me a call.
Lu
TOWN OF FRASER
RESOLUTION NO. 2014-02-01
REGARDING APPOINTMENT OF JUDGES FOR THE APRIL 1, 2014
TOWN OF FRASER REGULAR MUNICIPAL ELECTION
WHEREAS, the Town of Fraser will hold its regular municipal election on Tuesday, April
1, 2014;
WHEREAS, Colorado Revised Statutes 31-10-401 et. seq. specify the number,
compensation and qualification of judges of election; and
WHEREAS, Colorado Revised Statutes 31-10-401 allows the governing body to
delegate to the Town Clerk the authority and responsibility to appoint judges of election.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO THAT:
1. The Town Clerk is authorized and directed to appoint three qualified judges of election,
and one substitute, for the Tuesday, April 1, 2014 regular municipal election.
2. The judges of election shall be compensated one hundred dollars and meals for the day,
with the supply judge receiving an additional ten dollars.
DULY MOVED, SECONDED AND ADOPTED THIS 19th DAY OF FEBRUARY, 2014.
TOWN OF FRASER
Peggy Smith, Mayor
ATTEST:
Lu Berger, Town Clerk
TOWN OF FRASER
ORDINANCE NO. 419
Series 2014
AN ORDINANCE AMENDING THE FRASER MUNICIPAL CODE BY ADOPTING PROVISIONS
AUTHORIZING WATER AND SEWER SERVICE OUTSIDE THE TOWN LIMITS AND
REPEALING INCONSISTENT PROVISIONS
WHEREAS, the Board of Trustees of the Town of Fraser is authorized by state statutes
to provide by ordinance for use of the Town's domestic water and sanitary sewer systems by
consumers outside the Town limits and to contract for such outside use upon such terms as it
deems proper; and
WHEREAS, the Board of Trustees has determine that providing such water and sanitary
sewer services to consumers outside the Town limits may be in the best interests of the Town
and its residents under certain circumstances; and
WHEREAS, the amendments to the Fraser Municipal Code adopted by this Ordinance
will establish appropriate procedures and criteria for the Board to consider and act on
applications for out-of-town water and sanitary sewer service.
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 13 of said Code, to
be numbered "Article 5 - Water and Sewer Service Outside Town Limits", which shall read as
set forth in Exhibit "A" attached hereto and incorporated herein by this reference.
1_2 Chapter 13 (Municipal Utilities), Article 2 (Water System), Section 13-2-50 (Service
Connections) of the Municipal Code is hereby amended by deleting subsection (g) and
renumbering subsequent subsections, as follows [Note: deletions are shown as
print; the notation "No Change" indicates that the referenced provisions are not modified].
Sec. 13-2-50. Service connections.
(a) - (f) [No Change]
wateF taps
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� (g) No connection to be made in winter. No connections shall be made to the
Town water system at any time that the Town deems that such connection is
inappropriate due to cold weather conditions.
(h) Cross-connection control. A cross-connection is any point in a water
distribution system where chemical, biological or radiological contaminants may come
into contact with potable water. During a backflow event, these contaminants can be
drawn or pushed back into the potable water system. A backflow prevention device
installed at every point of cross-connection prevents contaminated water from entering
the potable water distribution system. Any hazardous cross-connection discovered shall
be corrected immediately upon written notice, or the water service will be shut off. The
Colorado Department of Public Health and Environment will be informed of the
hazardous connection and the corrective action being taken.
(1) Backflow prevention devices. Each user of the Town water
system shall install and maintain backflow prevention devices, as required by
Article 12 of the Colorado Primary Drinking Water Regulations, 5 C.C.R. 1003-1
("Article 12"). All service connections within the water system must comply with
said Article 12 and the Colorado Cross-Connection Control Manual. Each cross-
connection may require a different type of backflow prevention device,
commensurate with the degree of hazard posed by the Town's water system
operator or water system engineer. Any new water service installation will be
inspected for compliance with these requirements for backflow prevention.
(2) Annual testing. Backflow prevention devices shall be tested
annually by a certified backflow prevention technician. Testing results must be
submitted to the Town; failure to submit satisfactory testing results shall result in
penalties as adopted by the Board of Trustees.
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 4: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of
Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all
ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby
repealed; provided, however, that such repeal shall not affect or prevent the prosecution or
- 2 -
punishment of any person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this Ordinance.
PART 5: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance 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: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage,
adoption and publication thereof as provided by law.
PART 7: PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
AND SIGNED THIS 19th day of FEBRUARY, 2014.
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
- 3 -
EXHIBIT A
ARTICLE 5
Water and Sewer Service Outside Town Limits
Sec. 13-5-10. Policy; Authority
(a) It is the established policy of the Town of Fraser that the purpose of the
domestic water system and sanitary sewer system owned and operated by the Town is
to serve the residents of the Town, and any water or sewer service provided or to be
provided outside the Town limits is merely incidental to this purpose. In accordance
with this policy and other considerations, Town water and sewer service will not
normally be provided to property outside the Town limits without the prior annexation of
the property to the Town. However, there may be circumstances where providing such
out-of-town water and/or sewer service is in the best interest of the Town prior to
annexation, and it is the intent of this Article to address those circumstances and
provide a process for consideration of applications for such service. Any contract or
permission for water or sewer service outside the Town limits is entirely discretionary on
the part of the Board of Trustees or its designee and such service may be denied if the
Board or its designee determines, in its sole judgment, that the provision of such service
would not be in the best interests of the Town. Without limiting the generality of the
forgoing, the Town may deny out-of-town service if existing water supplies, treatment
plants or other facilities are inadequate to serve the proposed expansion.
(b) The Town of Fraser is authorized to operate and maintain water facilities and
sewage facilities within and without the municipality and to provide water and sewage
services to consumers within and without its territorial boundaries, pursuant to the
provisions of C.R.S. 31-35-402 and other provisions of Colorado law. The Fraser Board
of Trustees intends to exercise such authority consistent with the provisions contained
in this Article.
Sec. 13-5-20. Contract Required; Agreement to Annex
(a) A property owner desiring to obtain water or sewer service to serve any area
outside the corporate limits of the Town shall submit an application for such service to
the Town Clerk. The Board of Trustees or its designee will consider such application
and determine if out-of-town service will be allowed and upon what terms.
(b) As a condition for obtaining such out-of-town water and/or sewer service, the
owner will be required to enter into a contract with the Town, consistent with the
provisions of this Article and containing such terms and conditions as may be approved
by the Board of Trustees or its designee.
(c) Each contract for out-of-town water and/or sewer service shall include an
agreement and covenant binding on the property owner and all future owners, to apply
EXHIBIT A -PAGE 2
for or consent to the annexation of the area supplied with municipal services to the
Town when such area or portion thereof becomes eligible for annexation and the Board
of Trustees requests such annexation, and subject to such terms and conditions as may
be provided by contract.
(d) As used herein, the phrase "unless otherwise provided by contract" means or
refers to a requirement or provision that applies if it is not otherwise addressed in an
existing out-of-town service contract or, which applies if the requirement or provision
was addressed in such a contract but that contract has expired or has otherwise been
terminated.
Sec. 13-5-30. Service Area.
(a) An extension of water and/or sewer service outside the Town limits will only be
considered if it will allow for a logical and economical use of the existing Town water
and sewer facilities. To that end, the Board of Trustees shall, by resolution, designate
those areas within and adjacent to the Town limits that can be logically and
economically served with Town water and/or sewer (herein referred to as the "Fraser
Water and Wastewater Service Area").
(b) No application for out-of-town water or sewer service shall be considered unless
the property to be served is within such designated Fraser Water and Wastewater
Service Area.
Sec. 13-5-40. Fees and Dedications
(a) Plant Investment Fees. Unless otherwise provided by contract, a property
owner obtaining water or sewer service from the Town systems to serve any area
outside the corporate limits of the Town shall pay to the Town a plant investment fee
(PIF) in an amount equal to twice the in-town PIF rate as provided in Articles 2 and 4 of
this Chapter and as established from time to time by the Board of Trustees.
(b) Service Fees. Unless otherwise provided by contract, the water and sewer
service fees for consumers outside the Town limits shall be in an amount equal to twice
the in-town service fee rate as provided in Articles 2 and 4 of this Chapter and as
established from time to time by the Board of Trustees.
(c) Mill Levy Equivalent Surcharge. In the event the Town imposes a property tax
mill levy for water and/or sewer improvements or operations, a surcharge shall be
added to the service fees payable by out-of-town consumers, in an amount determined
by the Board of Trustees, so that such out-of-town consumers pay the same or
approximately the same amounts as they would if their property was subject to such mill
levy.
EXHIBIT A -PAGE 3
(d) Water Rights Dedication. Unless otherwise provided by contract, a dedication or
transfer of direct flow and/or storage water rights to the Town shall be required prior to
the approval of any extension of municipally treated water service to property outside
the Town limits. The dedication or transfer must be sufficient to provide reliable water
rights for the development to be served by the proposed extension of water service or to
otherwise account for the impact of the proposed extension upon the Town's water
rights portfolio, as determined by the Board of Trustees.
(e) Payment; Collection. Nonpayment of any fees or charges applicable to out-of-
town water and/or sewer service shall be grounds for disconnection of the property
and/or other collection action as provided in the Fraser Municipal Code with respect to
in-town service. Delinquent fees and other charges may be certified for collection by
the county treasurer as provided in C.R.S. 31-20-105.
Sec. 13-5-50. Owner Pays Costs of Extension; Other Applicable Provisions
(a) All infrastructure and facilities required to extend water and/or sewer service to
property located outside the Town boundaries shall be installed at the expense of the
property owner and shall comply with the provisions of Articles 2 and 4 of this Chapter
and Chapter 14 of the Fraser Municipal Code. The property owner shall provide
easements for such infrastructure and facilities, as provided in the Municipal Code, and
the Town may require execution of an improvement agreement, with appropriate
security, for the construction and installation of such facilities. Upon completion and
acceptance by the Town, all water and sewer mains and related facilities shall become
the property of the Town; provided, however, that any service lines to individual
properties shall remain the responsibility of the consumer.
(b) No part of the water obtained from the Town water system shall be used for any
purpose that is not consistent with the uses allowed by the Municipal Code.
(c) Except as otherwise expressly provided herein or in the contract for water and/or
sewer service, all provisions of the Fraser Municipal Code that are applicable to in-town
water and sewer service shall also apply equally to out-of-town service, including any
and all additional fees and charges provided in the Code that are not otherwise provided
in this Article or in any service contract.
Fraser Building Activity 2014
C O L O R A D D
Total Number of Building Permits
Total for 2010 36
Total for 2011 45
Total for 2012 49
Total for 2013 63
2012 through Jan 1
2013 through Jan 3
2014 through Jan 0
Difference 2014 / 2013 (3)
Difference 2014 / 2012 (1)
Dollar Valuation (no hourlyfee has valuation $ in 2011, 12, 13)
Total for 2010 $135,233
Total for 2011 $3,743,778
Total for 2012 $2,190,195
Total for 2013 $5,508,091
2012 through Jan $1,400
2013 through Jan $0
2014 through Jan $0
Difference 2014 / 2013 $0
Difference 2014 / 2012 ($1,400)
Building Fees
Total for 2010 $3,644
Total for 2011 $40,277
Total for 2012 $27,412
Total for 2013 $66,364
2012 through Jan $54
2013 through Jan $188
2014 through Jan $0
Difference 2014 / 2013 ($188)
Difference 2014 / 2012 ($54)
New Residential Area
2014 through Jan 0 sq. ft.
New Commercial Area
2014 through Jan 0 sq. ft.
New Garage Area
2014 through Jan 0 sq. ft.
New Deck/Patio Area
2014 through Jan 0 sq. ft.
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To: Winter Park Town Council,
Fraser Board of Trustees
From: Glen Trainor, Chief of Police
Date: February 12, 2014
Re: January,2014 Monthly Report
January was a busy month in the Fraser Valley, and our call load showed just how much our
great snowpack is affecting our calls for service. We had a total of 403 calls for service
during the month,with 247 calls in Winter Park and 133 in Fraser. The remainder were out of
town assists. We also issued 37 citations in Winter Park (30 traffic related) and 20 in Fraser
(15 traffic related).
Our single most common call during the month was motor vehicle crashes, of which we had
21 that were in the Towns. We also assisted the Colorado State Patrol with several others
on Berthoud Pass. Thankfully, only 3 of these accidents involved injuries, and none of those
were serious in nature.
If you have any questions, please do not hesitate to call.
"COMMITTED TO EXCELLENCE'
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C D L O R A D Q
Finance Update: 02/19/2014
Prepared: 02/12/2014
Transmitted with your packet this week is the December Sales Tax Report. December's receipts
looked awesome ..... until I adjusted those remittances! We are up on collections in December
by nearly 10%Year over Year, however with adjustments we are actually down 1/3 of a percent
or$600 dollars!
The very positive side to 2013's sales tax collections is that we exceeded budget by nearly 3.5%,
which was my estimate throughout—although I kept hoping to have the 10-11%YE increase that
Winter Park enjoyed. There are no large vendors who did not submit their December sales tax,
and some of those vendors were actually down when compared to last December.
Collections have been rising since the fall-off of collections which began in 2009, and when I
looked back I discovered that 2013 collections were the third highest in the Town's history! At its
peak in 2008 collections totaled $1,807,979—so we are still off by nearly$155k but we are
headed in the right direction.
I have been enjoying the visit of the audit team—they are wrapping up on Thursday, and since
my wrists are still shackle free I think we are doing really well. We brought to the attention of the
auditors the situation just uncovered at the County's Building Department—so the auditors have
heightened their evaluation of our processes in light of these events. Knowing this will be of
concern to the Board I believe they will be able to provide some feedback about the Town's
procedures.
As always please contact me with any questions or concerns you might have: 726-5491 X206 or
at nhavensa-town.fraser.co.us.
Town of Fraser
PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
Ordinance Recommendations
We recommend the Board adopt the Ordinance with the
following revisions.
REVISION 1
Sec. 13-2-50. Service connection
{h) (g)No eenneetion to be made in ntef. No connections shall be made to the
Town water system at any time that the Town deems that such connection is
inappropriate due to cold weather conditions.
This language is in the Town Code and is limiting - causing both the Town and
property owners constraints in the installment of improvements. The issue is not
the season- but, the temperature and other conditions that can affect an install.
REVISION 2
ARTICLE 5
Water and Sewer Service Outside Town Limits
Sec. 13-5-20. Contract Required; Agreement to Annex
(c) Each contract for out-of-town water and/or sewer service shall include an agreement
and covenant binding on the property owner and all future owners, to apply for or
consent to the annexation of the area supplied with municipal services to the Town
when such area or portion thereof becomes eligible for annexation and the Board of
Trustees requests such annexation, and subject to such terms and conditions as may
be provided by contract and by the Colorado Municipal Annexation Act of 1965, C.R.S.
31, Article 12, and subject to a future annexation agreement.
We understand that this is allowed by statute (CRS 31-12-121 (2013)) and it is
written to cover the greater public. Colorado law also provides that annexation
requires landowners vote to annex; a petition submitted from more than 50% of
the landowners who own more than 50% of the land; or if the area is completely
surrounded by the annexing municipality. Sufficient contiguity and a community
of interest must exist between the property and the municipality; and Colorado
courts have found that annexation is a special statutory process requiring
mutual consent.
Water & Wastewater Service Agreement
Proposed Discussion Schedule
• We request that the Board establish specific meeting dates to
discuss terms, details and exhibits.
Byers Peak Properties is available to meet as follows:
• December 12 Will Serve Request by Byers Peak Properties
• January 8 Town of Fraser Board Meeting
• January 22 Town of Fraser Board Meeting
• February 5 Town of Fraser Board meeting
• February 19 Town of Fraser Board Meeting
February 20 Thursday
February 21 Friday
February 24 Monday
February 25 Tuesday
February 26 Wednesday
February 28 Friday
March 3 Monday
March 4 Tuesday
March 5 Wednesday
• March 5 Town of Fraser Board Meeting
Additional meetings as necessary