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HomeMy Public PortalAboutTBP 2012-11-07I151ON LAND CONSULTANTS, INC. MEMORANDUM To: Town of Fraser Sanitation District ¢PQO L/C Winter Park West Water and Sanitation District �O.b `Moryr�.� 0. Attn: Jeff Durbin C� O Kirk Klancke -v °c 35765 o: From: Tim Gagnon Subject: Red Line Analysis �'S'•••••''� G� Date: Thursday, October 11, 2012 S�ONALE� Project: 2668.G0 The following memorandum is intended to summarize our findings and recommendations for the current capacity issues associated with the "Red Line," which is a 10" diameter sanitary sewer main currently conveying flows from the Winter Park West Water and Sanitation District (WPWWSD) and the Town of Fraser Sanitation District (TOFSD). Representatives from each District have created a preliminary list of four potential options to increase the overall system capacity. Vision Land Consultants (Vision Land) has been tasked with evaluating this preliminary list of options, to identify any additional options, to provide an estimated cost for each option, and to recommend an option for the Districts to pursue. PROCEDURES In order to evaluate the potential options, Vision Land gathered data for the relevant existing sewer mains in order to calculate their existing capacities. We then compared these capacities with the anticipated design flows to determine potential deficiencies in the system. We also researched different types of rehabilitation procedures, (i.e. cure -in-place pipe (CIDP), slip lining, pipe bursting) including the costs and feasibility of each procedure. We utilized this information along with estimated construction quantities to provide an estimated project cost for each option. Vision Land analyzed the estimated costs and associated capacity improvements to provide a recommendation for what we believe to be the most economical option to improve the overall capacity of the system in this area. FINDINGS Please reference Figure E1 (attached in Appendix A) which depicts aerial map with existing pipe flow and capacity information. The following are the results of the design capacity calculations for the Red Line (the design assumptions for these calculations are attached in Appendix B): • Design capacity of the existing pipe is 900-1,000 S.F.E.s (approx. 500 gpm) P.O. Box 679 • 135 E. Jasper Ave. • Granby, CO 80446 • Phone: (970) 887-2600 • Fax: (970) 887-3200 603 Park Point Drive, Ste. 100 • Golden, Colorado 80401 • Phone: (303) 674-7355 • Fax: (303) 674-3263 110 East P Street, Suite 213 • Rifle, CO 81650 • Phone: (970) 625-1721 • Fax: (970) 625 -1623 www.visioniandconsultants.com • Slip lining the existing pipe is anticipated to increase its design capacity to 1,300-1,400 S.F.E.s (approx. 700 gpm) • Increasing pipe size to 12" diameter will increase pipe capacity to 2,500-2,600 S.F.E.s (approx. 1,300 gpm) The following are the results of the design capacity calculations for the 8" main in Quail Drive: • Design capacity of the existing pipe is 1,000-1,100 S.F.E.s (approx. 550 gpm) • Increasing pipe size to 10" diameter will increase pipe capacity to 2,400-2,500 S.F.E.s (approx. 1,275 gpm) Design flows were obtained from WPWWSD and TOFSD (attached in Appendix D) and included the following: • The current design flow in the Red Line is 1,185 SFEs (approx. 620 gpm) • The current design flow in the 8" sewer main in Quail Drive is 69 SFEs (approx. 35 gpm) • Maximum design flow (at full build -out) in Red Line is 1363 SFEs (approx. 700 gpm) • Maximum design flow in the 8" sewer main in Quail Drive is 85 SFEs (approx. 45 gpm) As expected, these findings confirm that the existing design flows in the Red Line currently exceed the design capacity of the existing 10" clay pipe. After re -lining the existing 10" clay pipe, the design capacity of the Red Line will be approximately equal to the maximum design flows, which is still not a desirable permanent condition. The options to remediate this situation are discussed below. DESCRIPTION OF OPTIONS Please reference Figure E2 (attached in Appendix A) of aerial photo depicting Options #1-#4. Please reference Appendix C for Engineers Opinion of Probable Cost for each option. OPTION #1 Estimated Project Cost = $117,000 (Does not include cost to obtain easement in Open Space parcel from Wapiti Meadows) • Sanitary sewer flows from the east on Wapiti Drive (TOFSD) are currently conveyed to the Red Line. This option includes the installation of approximately 320' of new 8" sewer main that would allow the flows from Wapiti Drive (TOFSD) to be redirected to the existing 8" sewer main in Quail Drive (TOFSD). • The existing Red Line would be re -lined (CIPP) to improve pipe capacity. OPTION #2 Estimated Project Cost = $222,000 (Open Cut) and $304,000 (Pipe Bursting) (Does not include cost to obtain easement in Open Space parcel from Wapiti Meadows) • Sanitary sewer flows from the south on South Wapiti Drive (WPWWSD) are currently conveyed to the Red Line. This option includes the installation of approximately 130' of P.O. Box 679 • 135 E. Jasper Ave. • Granby, CO 80446 • Phone: (970) 887-2600 • Fax: (970) 887-3200 603 Park Point Drive, Ste. 100 • Golden, Colorado 80401 • Phone: (303) 674-7355 • Fax: (303) 674-3263 110 East 3`d Street, Suite 213 • Rifle, CO 81650 • Phone: (970) 625-1721 • Fax: (970) 625 -1623 www.visioniandconsultants.com new 10" sewer main that would allow the flows from South Wapiti Drive (WPWWSD) to be redirected to the existing 8" sewer main in Quail Drive (TOFSD). • The 8" sewer main in Quail Drive would be replaced with a 10" main, which could be accomplished by either pipe bursting or an open-cut/trench method. (NOTE: It is our understanding that pipe bursting has not been attempted by either District and may prove to be difficult in soils with larger rocks and cobbles. If pipe bursting is going to be considered, it is recommended that further investigation is completed to determine the existing soil and trench materials and the associated feasibility of the procedure). • The existing Red Line would be re -lined (CIPP) to improve pipe capacity. railarAIMI&I Estimated Project Cost = $142,000 (Open Cut) and $232,000 (Pipe Bursting) • This option would increase the existing size of the Red Line (by pipe bursting or open trench construction) from an existing 10" diameter to a 12" diameter. Estimated Project Cost = $300,000 (Open Cut) and $381,000 (Pipe Bursting) (Does not include cost to obtain easement in Open Space parcel from Wapiti Meadows) • This option is a combination of Option #1 and Option #2. • Installation of a new 8" sewer main that would allow the flows from Wapiti Drive (TOFSD) to be redirected around the existing Red Line and connect to the existing sewer main in Quail Drive (TOFSD). • Installation of a new 10" sewer main that would allow the flows from South Wapiti Drive (WPWWSD) to be redirected to the existing sewer main in Quail Drive (TOFSD). • The sewer main in Quail Drive would be replaced with a 10" main, which could be accomplished by either pipe bursting or an open -cut method. • The existing Red Line would be re -lined (CIPP) to improve pipe capacity. OPTION #5 Estimated Project Cost = $104,000 (Does not include cost to obtain easement in Open Space parcel from Wapiti Meadows) • This option includes the installation of a new "splitter" manhole in the existing 10" sewer main from South Wapiti Drive (WPWWSD). This splitter manhole would divide the flows coming from the south from South Wapiti Drive (WPWWSD) between the 10" Red Line and the 8" sewer main in Quail Drive. • Installation of approximately 130' of new 8" sewer main from the splitter manhole that would allow a portion of the flows from South Wapiti Drive (WPWWSD) to be redirected to the existing sewer main in Quail Drive (TOFSD). • The existing Red Line would be re -lined (CIPP) to improve pipe capacity. Please reference Figure E3 (attached in Appendix A) of aerial photo depicting Option #5. P.O. Box 679 • 135 E. Jasper Ave. • Granby, CO 80446 • Phone: (970) 887-2600 • Fax: (970) 887-3200 603 Park Point Drive, Ste. 100 • Golden, Colorado 80401 • Phone: (303) 674-7355 • Fax: (303) 674-3263 110 East 3`d Street, Suite 213 • Rifle, CO 81650 • Phone: (970) 625-1721 • Fax: (970) 625 -1623 www.visioniandconsultants.com RECOMMENDATION We would recommend that the Districts pursue completing the infrastructure improvements listed in Option #5. Here are the benefits of Option #5 when compared with the other options: • This option provides the most economical solution. • This option has the least overall disturbance to the neighborhood. • The splitter manhole will allow the Districts to have control over the flows in both the Red Line and the 8" main in Quail Drive. The inverts of the manholes can be constructed to allow a predetermined split in flows between the pipes. The flows could also be completely diverted to one pipe to allow maintenance on the other line. • This option makes the best use of the existing system capacity. Once the Red Line is re- lined (CIDP), the overall capacity of both lines will be approximately 2,400 SFEs (1250 gpm). The design flow is 1448 SFEs, which is 60% of design capacity of both pipes. P.O. Box 679 • 135 E. Jasper Ave. • Granby, CO 80446 • Phone: (970) 887-2600 • Fax: (970) 887-3200 603 Park Point Drive, Ste. 100 • Golden, Colorado 80401 • Phone: (303) 674-7355 • Fax: (303) 674-3263 110 East 3`d Street, Suite 213 • Rifle, CO 81650 • Phone: (970) 625-1721 • Fax: (970) 625 -1623 www.visioniandconsultants.com APPENDIX A EXHIBITS P.O. Box 679 • 135 E. Jasper Ave. • Granby, CO 80446 • Phone: (970) 887-2600 • Fax: (970) 887-3200 603 Park Point Drive, Ste. 100 • Golden, Colorado 80401 • Phone: (303) 674-7355 • Fax: (303) 674-3263 110 East 3 d Street, Suite 213 • Rifle, CO 81650 • Phone: (970) 625-1721 • Fax: (970) 625 -1623 www.visionlandconsultants.com AlF hn- Pr NOTE PIPE CAPACITIES ON RFD I INF 113 *� - 0 378'10" CLAY 1 o- CLAY ° 1.7 t CIPP / QUAL 6 CIPP @ 1.9%. II _ r LEGEND': WP RANCH W$S DISTRICT d - SCAL , ,> � RED uN�s�) 1 _ _ YELLOW LINE (SHARED) ` b «850 DESIGN FLOWSSFEs)a 'ti u •T (1400) PIPE CAPACITY (SFES) L4 T m ' I � ` L N W m A O • _ , Jr� Z wO Z + Ilk O O i _ < 4F OPTION #5. INSTALL "SPLITTER" MANHOLE IN WPWWSD 10' MAIN 4' _ INSTALL NEW MAIN TO CONNECT AND SPLIT FLOWS _• BETWEEN 10RED LINE AND 8" MAIN IN QUAIL DRIVE v „yam cf) Lu ,p ` J Z p w"" «LIJ W J �r Lu f •. �. �- � � .• Z O W ca 1 W Lu lu co z I• . ., pill,, 11M W APPENDIX B DESIGN ASSUMPTIONS The following data was used for design peak flow calculations: • Peak Factor (PF) of 3.0 • UI (Inflow & Infiltration) was assumed at 20% peak flow • 210 gal/sfe/day (considering occupancy rates of each District) The design capacity for the Red Line is based on a 0.4% minimum design grade (provided by WPWWSD). The design capacity for the 8" sewer main in Quail Drive is based on a 1 % minimum (taken from a survey of existing manholes). The 8" sewer main in Quail Drive has recently been re -lined (CIDP), so a 7.5" pipe diameter was used for capacity calculations. Capacities of pipes for this analysis assume `free-flow' capacities, not `surcharged/pressure' capacities. Based on information received from Clients, there are no utility crossings anticipated for the Red Line expansion. P.O. Box 679 • 135 E. Jasper Ave. • Granby, CO 80446 • Phone: (970) 887-2600 • Fax: (970) 887-3200 603 Park Point Drive, Ste. 100 • Golden, Colorado 80401 • Phone: (303) 674-7355 • Fax: (303) 674-3263 110 East P Street, Suite 213 • Rifle, CO 81650 • Phone: (970) 625-1721 • Fax: (970) 625 -1623 www.visioniandconsultants.com APPENDIX C ENGINEERS OPINION OF PROBABLE COST P.O. Box 679 • 135 E. Jasper Ave. • Granby, CO 80446 • Phone: (970) 887-2600 • Fax: (970) 887-3200 603 Park Point Drive, Ste. 100 • Golden, Colorado 80401 • Phone: (303) 674-7355 • Fax: (303) 674-3263 110 East 3 d Street, Suite 213 • Rifle, CO 81650 • Phone: (970) 625-1721 • Fax: (970) 625 -1623 www.visionlandconsultants.com ENGINEERS OPINION OF PROBABLE COSTS - SUMMARY "RED LINE" SEWER MAIN Distance 470' 775' 775' 320' 130 130 655' 655' Option # Cured -In -Place Pipe (CIPP) of 10" Red Line Expand 8" main in Quail Drive to 10" - Open Cut Expand 8" main in Quail Drive to 10" - Pipe Bursting Re-route T.O.F. Wapiti 8" to 8" in Quail Drive Re-route 10" Red Line to 8" in Quail Drive Split flows in 10" Expand 10" Red Red Line and 8" in Line to 12" - Open Quail Drive Cut Expand 10" Red Line to 12" - Pipe Bursting TOTAL $39,780 $128,850 $210,750 $77,268 $53,760 $64,092 $142,170 $232,050 1 $39,780 n/a n/a $77,268 n/a n/a n/a n/a $117,048 2 $39,780 n/a $210,750 n/a $53,760 n/a n/a n/a $304,290 2a $39,780 $128,850 n/a n/a $53,760 n/a n/a n/a $222,390 3 n/a n/a n/a n/a n/a n/a $142,170 n/a $142,170 3a n/a n/a n/a n/a n/a n/a n/a $232,050 $232,050 4 $39,780 n/a $210,750 $77,268 $53,760 n/a n/a n/a $381,558 4a $39,780 $128,850 n/a $77,268 $53,760 n/a n/a n/a $299,658 5 $39,780 n/a n/a n/a n/a $64,092 n/a n/a $103,872 ENGINEERS OPINION OF PROBABLE COSTS "RED LINE" SEWER MAIN 10" RED LINE (470 L.F.) - CURED -IN-PLACE LINING Mobilization 1 LS CIPP for 10" pipe 470 LF Sewer Pumping - Diversion 1 LS Design, Survey, Bid Procurement, Professional Services 1 LS 20% Contingency $5,000 $5,000 $45 $21,150 $2,000 $2,000 $5,000 $5,000 TOTAL $33,150 $39,780.0 10" RED LINE (655 L.F.) - EXPAND BY PIPE BURSTING METHOD Mobilization 1 LS $5,000 $5,000 12" PVC- Pipe Bursting 655 LF $225 $147,375 Connect to existing services 16 EA $1,500 $24,000 Core existing manhole inverts 6 EA $1,500 $9,000 Sewer Pumping - Diversion 1 LS $3,000 $3,000 Design, Survey, Bid Procurement, Professional Services 1 LS $5,000 $5,000 TOTAL $193,375 $232,050.0 10" RED LINE (655 L.F.) - EXPAND BY OPEN CUT METHOD Mobilization 1 LS $3,000 $3,000 12" PVC Sewer Main 655 LF $45 $29,475 Connect to existing services 16 EA $500 $8,000 Sewer Pumping - Diversion 1 LS $15,000 $15,000 Replace landscaping, grass sod, trees, etc. 1 LS $40,000 $40,000 Core existing manhole inverts 6 EA $500 $3,000 Design, Survey, Bid Procurement, Professional Services 1 LS $20,000 $20,000 TOTAL $118,475 $142,170.0 8" MAIN IN QUAIL DRIVE (775 L.F.) - EXPAND BY OPEN CUT METHOD Mobilization 1 LS $3,000 $3,000 Traffic Control 1 LS $5,000 $5,000 10" PVC Sewer Main 775 LF $45 $34,875 Connect to existing services 9 EA $500 $4,500 Utility Crossings 1 LS $8,000 $8,000 Sewer Pumping - Diversion 1 LS $12,000 $12,000 Replace existing road surface 750 SY $30 $22,500 Core existing manhole inverts 5 EA $500 $2,500 Design, Survey, Bid Procurement, Professional Services 1 LS $15,000 $15,000 TOTAL $107,375 $128,850.0 8" MAIN IN QUAIL DRIVE (775 L.F.) - EXPAND BY PIPE BURSTING METHOD Mobilization 1 LS $5,000 $5,000 10"PVC -Pipe Bursting 775 LF $175 $135,625 Connect to existing services 9 EA $1,500 $13,500 Sewer Pumping - Diversion 1 LS $4,000 $4,000 Replace existing road surface 100 SY $50 $5,000 Core existing manhole inverts 5 EA $1,500 $7,500 Design, Survey, Bid Procurement, Professional Services 1 LS $5,000 $5,000 TOTAL $175,625 $210,750.0 RE-ROUTE 8" TOWN OF FRASER WAPITI LINE TO QUAIL DRIVE (320 L.F.) Mobilization 1 LS $3,000 $3,000 Traffic Control 1 LS $2,000 $2,000 8" PVC Sewer Main 320 LF $42 $13,440 Sewer Manhole 4 EA $4,500 $18,000 Utility Crossings 1 LS $4,000 $4,000 Water Main Crossing 2 EA $2,000 $4,000 Pipe Insulation 130 LF $15 $1,950 Replace existing road surface 150 SY $40 $6,000 Design, Survey, Bid Procurement, Professional Services 1 LS $12,000 $12,000 TOTAL $64,390 $77,268.0 RE-ROUTE 10" WPWWSD LINE TO QUAIL DRIVE (130 L.F.) Mobilization 1 LS $3,000 $3,000 Traffic Control 1 LS $1,000 $1,000 10" PVC Sewer Main 130 LF $45 $5,850 Sewer Manhole 2 EA $4,500 $9,000 Utility Crossings 1 LS $2,000 $2,000 Water Main Crossing 1 EA $2,000 $2,000 Pipe Insulation 130 LF $15 $1,950 Sewer Pumping - Diversion 1 LS $5,000 $5,000 Replace existing road surface 50 SY $60 $3,000 Design, Survey, Bid Procurement, Professional Services 1 LS $12,000 $12,000 TOTAL $44,800 $53,760.0 SPLIT FLOWS BETWEEN 10" RED LINE AND 8" MAIN IN QUAIL DRIVE (130 L.F.) Mobilization 1 LS $3,000 $3,000 Traffic Control 1 LS $1,000 $1,000 8" PVC Sewer Main 130 LF $42 $5,460 Sewer "Splitter" Manhole 1 EA $9,000 $9,000 Sewer Manhole 2 EA $4,500 $9,000 Utility Crossings 1 LS $2,000 $2,000 Water Main Crossing 1 EA $2,000 $2,000 Pipe Insulation 130 LF $15 $1,950 Sewer Pumping - Diversion 1 LS $5,000 $5,000 Replace existing road surface 50 SY $60 $3,000 Design, Survey, Bid Procurement, Professional Services 1 LS $12,000 $12,000 TOTAL $53,410 $64,092.0 APPENDIX D DESIGN FLOWS P.O. Box 679 • 135 E. Jasper Ave. • Granby, CO 80446 • Phone: (970) 887-2600 • Fax: (970) 887-3200 603 Park Point Drive, Ste. 100 • Golden, Colorado 80401 • Phone: (303) 674-7355 • Fax: (303) 674-3263 110 East 3 d Street, Suite 213 • Rifle, CO 81650 • Phone: (970) 625-1721 • Fax: (970) 625 -1623 www.visionlandconsultants.com EXHIBIT A _: Town of Fraser Town of Fraser I Currently -64 Build out=64 Currently=69 _ Build out=85 I Town of Fraser Currently=197 _ WPRW&S * 0 e s Build out=275 Currently=502 .e Build out=1209 T WPRW&S Currently=988 M1NKLN`Town of Fraser E r, Build out=1088 , '•�.� `�� ERMINE LR Currently=76 Build out=92 Y r cAi�, 0k.+. -q ' FERREL' LN i �• N:. O . r` O z u s Fp i L7 c �D • 5 oWMq _ EXHIBIT B Shared Lines Useage Data Percentage Use at EQR-Current , EQR-Build Out Build Out GREEN LINE Fraser 406 516 18% WPRWSD 1490 2297 82% RED LINE Fraser 197 275 20% WPRWSD 988 1088 80% YELLOW LINE Fraser 140 156 11% WPRWSD 502 1209 89% FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, October 17, 2012 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 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, Others: See attached list Mayor Smith called the meeting to order at 7:03 p.m. 1. Workshop: Old Town Drainage Projects 2. Regular Meeting: Roll Call 3. Approval of Agenda: Trustee Cwiklin asked that 4b be moved to 8d as a discussion item. Trustee Cwiklin moved, and Trustee Waldow seconded the motion to approve the Agenda as amended. Motion carried: 6-0. 4. Consent Agenda: a) Minutes — September 19, 2012 b) Ron Anderson Business Enhancement Grant — moved to 8d. Trustee Naill moved, and Trustee Cwiklin seconded the motion to approve the consent agenda. Motion carried: 6-0. 5. Open Forum: 6. Updates: a) Grand Beginnings — Sheryl Shushan spoke to Board regarding the Early Childhood Programs Grand Beginnings is involved in. 7. Public Hearings: a) Bottle Pass Liquors Change of Location Application Page 2 of 3 Trustee Sumrall moved, and Trustee Shapiro seconded the motion to open the public hearing on Motion carried: 6-0. The Board of Trustees, sitting as the Fraser Local Liquor Licensing Authority, conducted the following proceedings concerning the application of Bottle Pass Liquors for a Change of Location Application. TA McGowan briefed the Board and the audience on the purpose and procedure for tonight's meeting. TA McGowan offered as Exhibits 1-4 copies of the liquor license application, proof of publication and the notice of the hearing and the Clerk's Finding of Facts, Clerk's memo and submitted petitions regarding the application. Trustee Sumrall moved, and Trustee Naill seconded the motion to enter in exhibits 1-4 into evidence. Motion carried: 6-0. There being no objections, the Mayor ordered that the exhibits be accepted as evidence. Michael LaPorte, representing Bottle Pass Liquor, voiced the applicant's desire to move the proposed location. Trustee Sumrall moved, and Trustee Cwiklin seconded the motion to close the public hearing on Bottle Pass Liquors Change of Location Application. Motion carried: 6-0. 8. Discussion and Possible Action Regarding: a) Resolution 2012-04-04 regarding Bottle Pass Liquors Change of Location Application Trustee Cwiklin moved, and Trustee Waldow seconded the motion to Resolution 2012- 04-04 regarding Bottle Pass Liquors Change of Location Application. Motion carried: 6- 0. 7:38 p.m. TA McGowan left the meeting. b) Resolution 2012-10-01 Off -Premise Sign Request for Colorado Adventure Park TP Trotter briefed the Board on the Colorado Adventure Parks request for an off -premise sign. Staff was recommending approval of a 20 sq ft sign. Clark Lipscomb addressed the Board regarding CAP's desire to have the off -premise sign. Trustee Sumrall moved, and Trustee Naill seconded the motion to approve Resolution 2012-10-01 Off -Premise Sign Request for Colorado Adventure Park. Motion carried: 4- 2. Naill — Aye Waldow — Nay Shapiro - Aye Cwiklin — Nay Sumrall — Aye Smith - Aye Page 3 of 3 C) 238 Mill Sewer Service Line Ownership PD Nordin briefed the Board on the question regarding the ownership of the line from 238 Mill to Mill Avenue. Jesse Clark explained to the Board the issue with the service to that property is incapacitated and the building is shut down. Rich Lopez addressed the Board regarding the possible solutions to the issue. d) Public Works Facility Programming — moved until a later meeting. e) Ron Anderson Business Enhancement Grant Trustee Cwiklin had concerns that the request came in after the project was completed. This item will be brought back when the applicant can attend the meeting on November 7, 2012. 9. Community Reports: 10. Other Business: Trustee Shapiro moved, and Trustee Waldow seconded the motion to adjourn. Motion carried: 6-0. Meeting adjourned at 9:35 p.m. Lu Berger, Town Clerk TOWN OF FRASER RESOLUTION NO. 2012-11-02 A RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THE U 9200 LLC IMPROVEMENTS AND RELEASE OF SURETY. WHEREAS, U 9200 LLC., and the Town of Fraser entered into a Construction Guarantee Agreement (CGA) , dated August 4, 2011, at Reception # 2011006440 to ensure completion of certain required Improvements; WHEREAS, Town staff has inspected all such Improvements and has determined that all such Improvements have been completed and meet the requirements for final acceptance by the Town and any remaining surety given to ensure the completion of such Secured Improvements should be released. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Fraser Town Board hereby finds and determines that: a) All Improvements have been satisfactorily completed in accordance with the approved plans and specifications for such Improvements; b) all warranty periods provided in the CGA and Fraser's regulations have ended or are waived; and c) all other applicable requirements for acceptance of the Improvements have been satisfied or are hereby waived by the Board. 2. The Fraser Town Board hereby authorizes final acceptance of said Improvements and the release of the remaining surety (Letter of Credit # IS0002425 in the amount of $115,988.00). 3. Final acceptance, as provided herein, constitutes an acknowledgement that the Secured Improvements have been constructed and completed in accordance with the requirements of the Construction Guarantee Agreement. Upon final acceptance, the Town of Fraser will assume future maintenance and repair responsibilities with respect to accepted public improvements that have been dedicated or conveyed to the Town. The Town does not assume any responsibility for maintenance and repair of any required private improvements included as part of the Secured Improvements, and such responsibility shall remain with the owner of the property. DULY MOVED, SECONDED, AND ADOPTED THIS 7t" DAY OF NOVEMBER, 2012. BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO Aw Peggy Smith, Mayor ATTEST: Lu Berger, Town Clerk Serene Wellness Medical Marijuana Center - Change of Location License Application We have a public hearing this evening for Serene Wellness Medical Marijuana Center - Change of Location Application for the property known as 228 Byers Avenue, Fraser, CO 80442 beginning at 7:00 p.m. Below is a brief summary of the facts regarding the change of location application. If you have any questions, please feel free to contact staff. • The Local Licensing Authority on September 5, 2012 approved an application for Serene Wellness Fraser, LLC. to open a Medical Marijuana Center at 255 Mill Avenue. The local authority approval was forwarded to the State of Colorado's Dept. of Revenue Medical Marijuana Division on September 18, 2012. • A change of location application for the Serene Wellness Medical Marijuana Center was received in my office on October 11, 2012 from Serene Wellness Fraser, LLC., P.O. Box 331 Empire, CO 80438 dba; Serene Wellness, 255 Mill Avenue, Fraser, CO 80442 • A Notice of Public Hearing on this matter was posted at 228 Byers Avenue on Saturday, October 27, 2012 at least 10 days prior to the hearing, and that the publication of the hearing was published in a newspaper of general circulation on October 25, 2012 at least 10 days prior to the Public Hearing. • The license application is complete, including all payment of fees. The applicant has submitted a letter outlining the need for the location change and a request for the Board to waive the fees associated with a change of location application. This letter has been included in your packet. • The State has not approved the original application for the Serene Wellness Medical Marijuana Center at 255 Mill Avenue, in light of this fact, they are not requiring the applicant to submit a change of location application or submit the fees associated with such application. They have asked the applicant to amend the original application submittal to reflect the new address. Since the Local Licensing Authority did approve a license at 255 Mill Avenue staff felt a change of location application was warranted. • 1 would recommend approval based on the criteria; o Compliance with all applicable state requirements and receipt by the Town Clerk of approval from the Colorado Department of Revenue Medical Marijuana Enforcement Division for issuance of the license; o Satisfactory completion of any and all alterations and improvements to the licensed premises required to comply with the Fraser building and development codes and state and local medical marijuana regulations; o Payment of all license and other applicable fees. r � r 1 + ;. Properties Within - Restricted Areas for Medical Marijuana 837 8381 8 .. , 4• - �Yl 635 { _ �• 300 �yaei. 06= 2OOft Buffer of Day Care Facilities r 7 4 8031 . �76 1OOOft Buffer of Schools -+:r_ s' 775, c -r ,r' ,'647�'6511i657t661 6671671/67 teyer3_- es •Y - v r'r7.77 , ,11474 640, r i..P + # 641 _ _ _ _ - - JN1 3) 755 �j3�o. 4 Properties Zoned Business 637 1 ,.630 r635� 634 682 3 725: .,,S0 o, # ." t _ _ r rg '.. 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A-4 .13211' 106 P. ) 2 1 j' - kj1" i1 -:: `Jx 1s i .. �¢ •' 1 15 1 16( FF7`t14t • ,r 7 T- _ 107 (A To whore it may concern, I aur writing today to describe a change in direction in the licensing of SereneWellness Fraser. On September 5",2012 , Serene Wellnoss Fraser applied for licensing in the "Town Of Fraser. With six {{ayes" and one abstention, the Fraser Board of Trustees approved the license. The State of Colorado is prepared to inspect our location in order to proceed with licensing on a state level. At the time of the Town 1 ceding, I was in the process of closing on the property. Financially everything was approved and ready for the closing. Unfortunately, when the bank ordered appraisal was submitted.. it was determined that the buildings were in too poor of condition to be lendable. Immediately I Contacted the MMED and asked if it were feasable for me to move Fey .application to anotber location. The state quickly responded to my request, stating: "that since the license had not been issued yet and no one had been to the premises to inspect yet, I mould merely need to update the initial application with the corrected location_" No fee would. be: required to do so. I located a building for sale on 228 Byers. I have the building under contract and am scheduled to close shortly. 1 Arill be requesting a public heariDg to license the business at the new location. Since this is a new business and the procedure: has never bcen completed betore l understand dNd there may be sonic uncertainty a<s to hove to proceed. Since net town officials carne out to inspect the previous location, no final licensing fee was paid, and no license has been issued, I rrquest that the Town of Fra-er view this as the state has; as a correction ofinformation (no fee required) rather than a change of location for a Completely licensed and operational facility. Thank You, Dart Volpe DR 9545 t07a162192� Coq_ORADO 13EPARTMENT Or- REVIENUE MEDICAL MARIJUANA ENFORCEMENT DIVISION REPORT OF CHANGES Department Use Only CURRENT LICENSE NUMBERi ' ALL ANSWERS MUST BE PRINTED LEGIBLY OR `Z'YPEWI:iITTEN 1- pkcanl k a �rpor2laUn ❑ Indryidual ® Partn ersi p ❑ Limited Liability Company 2. N>3nie of 3, Trade N2rrta I �, 1 7 �C -.S2(e -Lacata[rrl Andres!; ' City County zCF } PROCEEDSELECT THE APPROPRIATE SECTION BELOW AND • THE INSTRUCTIONSON ® Change Corp. ez Trade Mame Permit (ea) ............................50,00 ❑ Duplicate License ........ .... ....... ............... ....... .............. ..$50-00 D Change Location PeM-0 (ea) ................................-------------16]0.00 Duplicate Badge ................. ............. .---------- — ...... . Il0,00 11 Change, ,Aker or Modify Premises $150-00 x Tolal Fee DO NOT WRITE IN THIS SPACE — FOR DEPARTMENT OF REVENUE USE ONLY t)ATE LICENSE ISSUED LICENSE ACCOUNT WM E3ER PERJOD T3ie siaw tray G[m-ert jouf en(xA *a Deco Erna eiedronic berlkiYq kvndjKba. Your bmt ercounLn y"4tbilcA Ay"iy az TOTAL Uea a-4,wre[eivld' ffhe 51ALe, icanverled, years wk vNM r)M"wumrrd, 71 year cheek if mieued due ib inturfdw or A niruxlle{S@cl ad S, t}eparlmen70f Revenue fn rir3rxt6he pwpri A u�wkmL sFredY rfmN y(^,jr 6.- kar wnL actran.ca'`,r. AMOUNT DUE $ .00 INSTRUCTION SHEET El Section A For a D4rpikate license, be stere to include the license nurnber in the uppef portion of page 1 and proceed io page 4 for Oath of Applicant signature. 0 Section B Check the appropriate box in section C and proneed below, 1) Change Trade IU'ame or CarPnraVWz Name, 90 to page 3 anti complete question 1 (lie sure to check the appropriate box)_ Submit the necessary information and proceed to page 4 for Guth of Applicant signelure. 2) To modify PreMta e, go to page 4 and complete question 3_ Submit the necessary information and proceed to Oath of Applicant signature. To Change Location, go to page 3 and complete qucstion 2. Submit the necessary information and proceed to page 4 for Oath of Applicant signature. OR 954.5 NX211 2) Pnc 3 Section C i, Change of Trade Name or Corporation Name El Change of Trade name I DBA only (Attach the follom(ing supporting documents) 1. Certificate of Amendment filed with the Secretary of State. I L 171 Corporate Name Change (Attach the follmving supporting documents) 1. Certificate of Amendment filed with the Secretary of State, or 2- Statement of Change filed with the SeiCrelaTy of State, and 3. Minutes of Coporake meeting, Limited Liability Members meeting, Partnersbip agreement. (.).d Trade Name 4 Neey Trade Name NeviCoipwalL Name 2, Change of Location NGTG TO LICENSEES- Yon may only cliwiqu location within the sa ma jullsdiction as. the original TIC61191� that Wa 3 lssuod, Date tiled with Local Authority_ 10. lvbz' W 0 CI -2 (a) Address of current premises11 City County Ly f? A (b) Address of proposed New Premises (Mach copy of the deed or lease [hat esllablishA p6ssession of the prcmles- by the licensee) Address c County zip YC ity Y (c) New rnail[ng address if applicable - Address /If City County State Zip (0) Attach detailed diagram of the premises and proof from local licensing authority that the change has been approved. 3- Modification of Premises 40TE. LiGerwves n3ay not modify Their Ficens(td IMMISeS LM61. approved (a) Res Abe change proposed stale and rocal auftrilies, (h) If the modification is temporary, when will the proposed change: Start , (rno1day/year) End (motday/year) (c) Will the proposed change result in the licensed premises now being located withing 500 Feet of any public or private school that meets compulsory education requirements of Colorado law. of the principal campus of airy college, university or seminary? (if yes, explain in detail, and describe any exemptions that apply) ............................................Yes D No D (d) Is the proposed change in compliance with local 4ui[ding and zoning laws?........ ---------------------Yes 0 No 0 (e) Attach a diagrain of the current licensed premises and a diagram of the proposed changes fur the liceilsect premises - (f) Attach any existi n g lease that is revised due to the modification. of agirtalure "fie - r/t+ Colorado Commercial Lease Agreement This Commercial Lease Agreement ("Leap") is made and effective Ockober, 1" 2412, by and between Daniel F VblpelLuoky Pox Limited("Landlord ) and Serene Wellness Fraser LLC("'Tenanr)- Landlord is the owner of land and improvements commonly kaown and numbered as 228 Byers Ave Fraser CLQ, 80442 :and legally described as follows (the "Building"): Sewall Grey House Landlord makes available for lease a portion of the Property designated as 228 Byers (the "Leased Premises") - Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the based Premises from Landlord for the germ, at the rental and upon the covenants, conditions and provisions herein set forth. THEREF0RF. in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed, 1, Tem, - A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord, for an "Initial Terra" begin ning November 1, 2012 and ending October 31, 2013 Landlord shall use its best efforts to give Tenant possession as nearly as possible at the beginning of the Lease term, ff Landlord is unable to timely provide the Leased Premises, rent shall abate for the period of delay- Tenant shall make no other claim against Landlord for any such delay. B- Tenant may renew the Lease for one extended term of erne year- Tenant shall exercise such renewal option, if at all, by giving written notice to Landlord not less than ninety (90) days prior to the expiration of the Initial Term- The renewal term shall be at the rental set forth below and otherwise upon the same oDvenants, conditions and provisions as provided in this Lease - 2. Mental. A. Tenant shall pay to Landlord during the Initial Terser rental of $10,8W per year, payable in installments of $900 per month - Each installment payment shall be due in advance on the first day of each calendar month during the lease tern to Landlord at 13 est Park Ave Empire CO 84438 or Sox #331 Empire,, CO 80438 or at such other place designated by written nvti0e from Landlord or Tenant. The rental payment amount for any partial aa'lendar months included in the lease term shall be prorated on a daily basis. Tenant shall also pay to Landlord a "Security Deposit" in the amount of $0, 13- The rental for any renewal lease tetra, if created ; is permitted under this Lease, shall b $11400 per year payable in installments of $950 per month- 3- Use Notwithstanding the forgoing, Tenant shall not use the Leased premises for the ,purposes of storing, manu%cluring or yelling any explosives, flammabtes or other inherently dangerous substance, chemical, thing or device- +4„Svb4page and Assignment Tenant shall have the right without Landlord's consent, to assign this Lease to a corporation with wlhiGh Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of substantially all of Tenant's assets. Fxcept as set forth above, Tenant shall not sublease all or any part of the leased Premises, or assign this Lease in whole or in (art without Landlord's consent, such consent not to be unreasonably withheld or delayed. 6- Repa€r�. Dl nng the Lease term, Terhant shall snake, at Tenant's expense, all neo essary repairs to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy, except for major mechanical systems or the roof, su bject to the obligations of the parties otherMse act forth in this Lease - 6, Alterations and Impravements- Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deern desirable, provided the same are made in a workmanlike manner and utilizing good quality materials, Tenant Shall have the fight to place and install personal property, trade fixtures, equipment and mer temporary installations in and upon the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the copamemement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any Bairn by Landlord- Tenant shall have the right to remove the same at any time during the terse of this Lease provided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant'S expt�nse- Initials DI D 7. Praperty Taxm- Landlord shall parry+, prior to delinquency, all general real estate taxes and installments of special assessments corning due during the Lease term can the Leased Premises, and all personal property taxes with respect to Land[ord's personal property, if any, on the Leased Premises. Tenant shall be responsible for paying all personal properly taxes with respect to Tenant's personal property at the Leased Premises- $, lnsuranc€ . ,A. If the Leased Premises or any other part of the wilding is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents., employees or irwItees, rent shall not be diminished or abated) while such damages are under repair, and Tenant shall be responsible for the oasts of repair not covered by insurance. S. Landlord shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shell be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises.. G. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the respective activities of each in the Building with the premiums thereon fully paid on or before due date, issued by and binding upon some insurance company approved by Landlord, such insurance to afford minimum protection of not less than $1,000,COD combined single limit coverage of bodipy injury, property damage or combination thereof. Landlord shall be listed as an additional insured on Tenant's policy or policies of comprehensive general liability insurance, and Tenant shall provide Landlord vrith current Certificates of Insurance evidencing Tenants compliance with this Paragraph. Tenant shat l obtain the agreement of Tenant's insurers to notify Landlord that a policy is due to expire at least (10) days prior to such expiration. Landlord shall not be rewired to maintain insuranoe against thefts within the Leased Prem ices or the Building - 9. utilities. Tenant shall pay all charges for water, sewer, gas, electricity, telephone and rather services and utilities used by Tenant on the Leased Premises during the terra of this Lease unless otherwise expressly agreed in writing by Landlord.. In the event that any utility or service provided to the leased Premises is not separately metered, Landlord shall pay the arnount due and separately invoice Tenant for Tenant's pro rata share of the charges. Tenant shall pay such amounts within fifteen (15) days of invoice. Tenant acknowledges that the Lensed Premises are designed to provide standard office use electrical facilities and standard office lighting. Tenant shalt not use any equipment or devices that utilizes excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other tenants. 10. Ste. Following Landlord's consent, Tenant shall have the fight to place on the Leased Premises, at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposes) signage that is in Landlord's opinion too large, deceptive, unattractive or otfierwise inconsistent with or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and woperate with Tenant in obtaining .any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or aonstnact the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant, 11- Eg 1[- Landpord shall have the right toenter upon The Leased Premises at reasonable hours to inspect the sauce, provided landlord shall not they unreasonably interfere with Tenant's business on the Lased Premises. Luring the term of this Lease, Tenant shall have the non-exclusive use in common with LandlDrd. other tenants of the Property, their guests and invitees, of the non -reserved common automobile parking areas, driveways, and tootways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlord reserves the right to designate parking areas within Me Building or in reasonable proximity #hereto, for Tenant and Tenant's agents and ernpl oyees. Tenant shall provide Landlord with a list of all license numbers for the cars awned by Tenant, its agents and employees. Separated structured parking, if any,1"ed about the Building is reserved for tenants of the Building who real such parking spaces. Tenant hereby leases from Landlord parking spaces in such structural parking area, such spaces to be ori a first oome-first served basis. In consideration of the leasing to Tenant of such spaces, Tenant shall pay no additional monthly rental per space thmghout the terra of the Lease. Initials -.2v 73. Buildlnrr ;rules. Tenant will comply with the rules of the Building adopted and altered by Landlord from time to time and MR cause all of its agents, employees, invitees and visitors to do so; all changes to such rules wil I be sera by Landlord to Tenant in writing. The initial rules for the Building are attached hereto as Exhibit "A" and incorporated herein for all purposes. 14. Damage and Destructian Subject to motion g A. abrrve, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terrninate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises. and 9 such damage does not render the Leased Premises unusable far Tenant's purposes. Landlord shall promptly repair such damage at the cwt of the .Landlord. In matting the repairs called for in this pa ragraph. Landlord shall not be liable for arryr delays resulting from strikes. governmental restrfi;M ens , inability to obtain nocessary material& or labor or tether matters which are beyond the re unable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, ire whole or in part, for tenant's purposes. Renta Is and other charges (raid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall he refunded to Tenant. The provisions of anis paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenants reasonable control .and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes - 15, Default. If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, and if said default shal'I continue for fifteen (15) days after +written notice thereof shall have been given to Tenant by Landlord, or if default shat) be made in any of the other covenants or conditions to be kept, observed and perfamned by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correctionthereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered. Landlord may reenter said premises- Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on ac ownt of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 16. Quiet Po ession- Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease, 17. ConClgmnabon- If any legally, constituted authority condemns the Building or such part thereof which shall make the Learned Promises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date- Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation- Neither party shall have any rights in or to any award made to the ether by the condernning authority - 18, Subordination. Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter arising upon the Leased Premises, or upon the Building and to any renewats, refinancing and extensions thereof, but Tenant agrees that any such mortgagee shall have the riq ht at any time to subordinate such mortgage, deed of trust or other lien to this Lease on such terms and subject to such miditions as such mortgagee may deem appropriate in its discretion- Larodlord is hereby irrevocabty vested with full power and authority to subord inate this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Leased Premises of the Building, and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attoming to the holder of any such Iierts as Landlord may request. In the event that Tenant should fail to execute any instrument of subordination herein require d to be executed by Tenant promptly as requested, Tenant hereby irrevocably constirtutes Landlord ass it attorney-in-fact to exeWe such instrument in Tenant's narne, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it will from time to time upon request by Landlord execute and deliver to such persons as Landlord shall request a statement in recordable form certifying that this Lease is unmodified and in full farce and effect (car if there have been modifications, that the sarne is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such rather matters as Landlord shall reasonably require. Initials D 15, SecurrtY-t . The Security Deposit shall be held by Landlord without liability for interest af1d as security for the performance by Tenant of Tenant's covenants and obligations under this Lease, it being expressly understood that the Security Deposit shall not be considered an advance payment of rental or a measure of Landlord's damages in case of default by Tenant, Unless otherwise provided by mandatory non-waivable law or regulation, Landlord may commingle the Security Deposit with Landlord' s other funds- Landlord may, from time to time, without prejudice to any other remedy, use the Security Deponit to the extent necessary to make good any arrearages of rent or to satisfy .any other covenant or obligation of Tenant hereunder. Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to its original amount. If'Tenant is not in default at the termination of this Lease, the balance of the Security [)eposit rernaining after any such application shall be returned by Landlord to Tenant- If Landlord transfers its interest in the Premises during the tern of this Lease, Landlord may assign the Security Deposit to the transferee and thereafter shall have no further liability for the return of such Security Deposit. 20. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently Qiven or served if sent by United States certified mail, rmtum receipt requested, addressed as follows= If to Landlord to, Daniel '4b pelLucky Fox Lin-ifted R :cndlnrr:i Box # 31 Empire, CO 80438 If to Tenant to; $ergine Wellness Fraser LLC 1. , u ria r7 i 228 Byers Ave Fraser, CO 80442 Landlord and Tenant shall each have the right frofn time to time to change the place notice is to be given under this paragrapti by written notice thereof to the other party - 21. Brokers. Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and that Tenant has not otherwise engaged in, any activity which mould form the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. 22- Waiver - No waiver of any default of Landlord or Tenant hereunder shall be implied from any ornission to take any action on account of such default it such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waWers by Landlord or Tenant shall not to ounstrued as a waiver of a subsequent breach of the sauce covenant, term or condition. 23- Memorandum of Lease, The parties hereto contemplate that this Lease should not and shall not be filed for record, but in lien thereof, at the request of either party, Landlord and Tenant shall execute a Memorandum of Lease to be recorded for the purpose of giving record nt boe- of the appropriate provisions of this Lease- 24- Headings. The headings used in this Lease are for cconveaience of the parties only and shall not be considered in interFreting the meaning of any provision of this Lease - Initials 25, Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant arxi their respective legal representatives, suocessors. and: assigns - 26. IConsenk. Landlord shall nut unreasonably withhold or delay its consent with respect to any matter for which. Landlord% oonsent is required ordesirable under this Lease_ 27. Performance_ If there is o default with respect to any of Landlord's covenants, warronti�s of representations under this Lease, and if the default continues more than fifteen (15) clays after notice in writing from Tenant to Landlord specifying the default, Tenant may, at its option and without affecting ng any other remedy hereunder, cure such default and deduct the cast thereof from the next a=tj ng installment or instalments of rent payable hereunder until Tonant shall have been fully reimbursed for such expenditures, together w4h interest thereon at a rate equal to the lesser of twelve percent (12%) per annum or the then highest lawful rate. If this Lease terttinates prior to Tenant's receiving full reirnhufsement. Landlord shall pay the unreimbursed balance plus accrued interest to Tenant on demand. 28_ Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises_ Landlord sti all comply with all laws, orders, ordinances and other public requirements now or hemeafter affecting the Leased Premises. 29. Eirnl Aare�_ This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 30- Governing Law. This Agreement shall be governoed, construed and interpreted by, through and under the Laws of the State of Colorado_ IBJ WITNE sJOF, the parties have executed this Lease as of the qday and year first above written_ cs �6 is M enant] Signature Block kl;ll. cl! - � :¥ - _ � �] . � - Ale PP\.gym �2 �. . \ y a % TOWN OF FRASER RESOLUTION NO. 2012-11-01 A RESOLUTION OF THE FRASER BOARD OF TRUSTEES, ACTING AS THE LOCAL LICENSING AUTHORITY FOR THE TOWN OF FRASER, APPROVING THE APPLICATION OF SERENE WELLNESS FRASER, LLC., DBA SERENE WELLNESS FORA CHANGE OF LOCATION PERMIT FOR THE PREMISES 228 BYERS AVENUE, FRASER, COLORADO. WHEREAS, Serene Wellness Fraser, LLC., dba Serene Wellness (the "Applicant") filed an application with the Town of Fraser for a Change Of Location Permit for the premises located at 228 Byers Avenue, Fraser, Colorado; and WHEREAS, a public hearing on said application was held on November 7, 2012, following due and proper notice, in accordance with the Colorado Marijuana Code, C.R.S. 12- 43.3-302 et seq.; and WHEREAS, the Board of Trustees, as the Local Licensing Authority, has carefully considered said application and the evidence presented at the hearing, and hereby enters the following decision regarding the application. THE BOARD OF TRUSTEES MAKES THE FOLLOWING FINDINGS: There has not been a denial of an application by either the state or the local licensing authority for the same class of medical marijuana license at the same location or a location within 1,000 feet of the location for which this application is made within the two (2) year period preceding the date of the application due to the nature of the use or other concern related to the location. 2. The Applicant has submitted evidence that it is or will be entitled to possession of the premises where the license is proposed to be exercised. The premises are properly zoned for the activity which will occur therein, and the premises is not located within any distance restrictions for separation of licensed premises from any school, existing licensed day care facility, or existing licensed Medical Marijuana Business, as established in the Fraser Municipal Code. 4. The Applicant has demonstrated by a preponderance of the evidence that all other applicable requirements of the Colorado Medical Marijuana Code and the Fraser Municipal Code for the issuance of a medical marijuana center license have been satisfied or will be satisfied when such license is issued. BASED UPON THESE FINDINGS, THE BOARD OF TRUSTEES, AS THE LOCAL LICENSING AUTHORITY, HEREBY ORDERS that the application of Serene Wellness Fraser LLC, for a medical marijuana center change of location license for the premises located at 228 Byers Avenue, Fraser, Colorado, is hereby APPROVED, subject to the following conditions, which must be satisfied by the Applicant within six (6) months from the date hereof or said approval shall lapse: a. Compliance with all applicable state requirements and receipt by the Town Clerk of approval from the Colorado Department of Revenue Medical Marijuana Enforcement Division for issuance of the license; b. Satisfactory completion of any and all alterations and improvements to the licensed premises required to comply with the Fraser building and development codes and state and local medical marijuana regulations; and c. Payment of all license and other applicable fees. DULY MOVED, SECONDED, AND ADOPTED THIS 7t" DAY OF NOVEMBER, 2012. TOWN OF FRASER BOARD OF TRUSTEES, ACTING AS THE LOCAL MEDICAL MARIJUANA LICENSING AUTHORITY BY: Peggy Smith, Mayor ATTEST: Lu Berger, Town Clerk CERTIFICATE OF SERVICE I hereby certify that I served the above and foregoing Resolution and decision of the Local Licensing Authority upon the Applicant named therein by mailing the same by certified mail, postage prepaid, this day of , 2012, addressed as follows: Serene Wellness Fraser LLC P.O. Box 331 Empire, CO 80438 238 Mill Ave Giammari/Clark) Follow ue from 10-17-2012 Discussion Based on the discussions from the October 17th meeting, the direction to staff was to look at options and provide comments and range of magnitude (costs) as an informal `feasibility study'. Options discussed - Accept portion of line as a main: a) Town replaces this portion of line to include a new manhole. Define it as a service line: b) Property owner replaces the line. Alignment options: c) Outlined below in item #1. Possible alignments and estimated costs* (in order of feasibility). • Doc Susie alignment (purple): this alignment is approximately 300 feet in length. Cost analysis is estimated at $50.00/LF for 300 feet would be approximately $15,000. • Mill alley alignment (orange): this alignment is approximately 250 feet in length. Cost analysis is estimated at $50.00/linear foot (LF) for 250 feet would be approximately $12,500. • The Divide Condo's service line ( ): this alignment would be contingent upon the HOA entertaining this alignment. I had a brief discussion with the president of the HOA and his gut -feeling was that although the association does not benefit from this alignment, he felt that they may be interested with helping the property owners given their unique situation, and that this matter would obviously need to be approved by the HOA. Cost analysis is estimated at $50.00/LF for approximately 150 feet would be approximately $7,500, excluding any professional fees. *cost analysis is based on a typical 4 inch sewer line installation and does not account for any unknowns encountered during the construction project including the cost for replacement of asphalt and/or concrete. $55/LF is the average from the range of magnitude of $30 to $70 per LF. 2. Is septic or vault an option? • With the ground water table typically just below the ground surface (12 inches) on an average year, this option is probably not feasible as percolation tests would most likely indicate that the soils don't percolate. • Cost to install a typical mound septic system is approximately $25,000 to $30,000. • The idea of a concrete vault didn't sound like something that the Owners were interested in pursuing since it would require annual maintenance and pumping. 3. Does Cheri or Kirk have any additional history? • Cheri recalls the line was installed by her father, Clifford, and that the line was intended to be a service line. Cheri should weigh in on her recollection. • I spoke to Kirk Klancke and he stated that he was only there to install the block foundation and had nothing else to offer related to the service line matter. 4. Anything else that might help based upon the discussion? If the Owners replace the service line from their property to the alley as a service line the Town might entertain the following options: a. The Owners relocate the existing manhole (�i rer n circle) in the alley to the west to allow for a straight alignment to the manhole, or, b. The Town relocates the existing manhole in the alley to the west to allow for the new service line to have a straight alignment into the manhole (fired circle). 238 Mill Sewer Alignment Options ov- 0-0 4r dr AO Ali IN k- - I I A 238 Mill Ave (Giammari/Clark) Follow up from 10-17-2012 Discussion Based on the discussions from the October 17th meeting, the direction to staff was to look at options and provide comments and range of magnitude (costs) as an informal `feasibility study'. Options discussed - Accept portion of line as a main: a) Town replaces this portion of line to include a new manhole. Define it as a service line: b) Property owner replaces the line. Alignment options: c) Outlined below in item #1. Possible alignments and estimated costs* (in order of feasibility). • Doc Susie alignment (purple): this alignment is approximately 300 feet in length. Cost analysis is estimated at $50.00/LF for 300 feet would be approximately $15,000. • Mill alley alignment (orange): this alignment is approximately 250 feet in length. Cost analysis is estimated at $50.00/linear foot (LF) for 250 feet would be approximately $12,500. • The Divide Condo's service line (red): this alignment would be contingent upon the HOA entertaining this alignment. I had a brief discussion with the president of the HOA and his gut -feeling was that although the association does not benefit from this alignment, he felt that they may be interested with helping the property owners given their unique situation, and that this matter would obviously need to be approved by the HOA. Cost analysis is estimated at $50.00/LF for approximately 150 feet would be approximately $7,500, excluding any professional fees. *cost analysis is based on a typical 4 inch sewer line installation and does not account for any unknowns encountered during the construction project including the cost for replacement of asphalt and/or concrete. $55/LF is the average from the range of magnitude of $30 to $70 per LF. 2. Is septic or vault an option? • With the ground water table typically just below the ground surface (12 inches) on an average year, this option is probably not feasible as percolation tests would most likely indicate that the soils don't percolate. • Cost to install a typical mound septic system is approximately $25,000 to $30,000. • The idea of a concrete vault didn't sound like something that the Owners were interested in pursuing since it would require annual maintenance and pumping. 3. Does Cheri or Kirk have any additional history? • Cheri recalls the line was installed by her father, Clifford, and that the line was intended to be a service line. Cheri should weigh in on her recollection. • I spoke to Kirk Klancke and he stated that he was only there to install the block foundation and had nothing else to offer related to the service line matter. 4. Anything else that might help based upon the discussion? If the Owners replace the service line from their property to the alley as a service line the Town might entertain the following options: a. The Owners relocate the existing manhole (green circle) in the alley to the west to allow for a straight alignment to the manhole, or, b. The Town relocates the existing manhole in the alley to the west to allow for the new service line to have a straight alignment into the manhole (M circle). I I Ito] mSY6 PRIVATE DRIVE EASEMENT FOR LOT 38 REC. 2001-002997 TOP OF 0 5 10 20 40 BASED ON A TOPOGRAPHIC SURVEY BY TIM SHENK LAND SURVEYING INC. DATED 02.04.2003 / / / / / / / / / / / / / / / / / / / / / / / i i i i i / i i CONCEPTUAL SITE DESIGN LOT 37 RENDEZVOUS FRASER, COLORADO PETER NELSON ARCHITECTURE 10.31.2012 C7 ♦ +♦♦ \ c9 O♦♦ 5+++ �S� �95' ♦ � e♦� /S ♦ / / /Y / ♦ SO ♦ / +�, F' ♦ I �a 1 ♦,+♦�♦ ♦♦♦ I G WAGE LOT 42 \ \ \\ \\ EXISTING UTILITY BOX (APPROX. LOCATION) \ \ PROPOSED EASEMENT =Rr����m NEW 12'-0" ACCESS ROAD TO LOT 37 W/ TURN—AROUND FOR SERVICE VEHICLES H VA TREE LINE d ` UNDERGROUND I WATER TANK I < I (EXISTING) I \ I 4E-10 3 : 7,> UTILITY & DRAINAGE I • EASEMENT REC. #2001-002997 % 'moi \ 1 3 �� '�_ — r ♦ LCIV 1 E_ F\ LIINC _-�• in DITCH �f'r•f• W • N r : 6 • �• O Crr• e • ```' • Z� �- RID / --------------------- _ EDGE SN OV LOT 34 ROAC --------------------------------- LOT --- -----TLOT 35 1 � 1 \ 1 1 1 � 11 I1 1 I 1 I I I I 1 , , , , , / / / LOT 36 / G�// / =Rr����m NEW 12'-0" ACCESS ROAD TO LOT 37 W/ TURN—AROUND FOR SERVICE VEHICLES H VA TREE LINE d ` UNDERGROUND I WATER TANK I < I (EXISTING) I \ I 4E-10 3 : 7,> UTILITY & DRAINAGE I • EASEMENT REC. #2001-002997 % 'moi \ 1 3 �� '�_ — r ♦ LCIV 1 E_ F\ LIINC _-�• in DITCH �f'r•f• W • N r : 6 • �• O Crr• e • ```' • Z� �- RID / --------------------- _ EDGE SN OV LOT 34 ROAC --------------------------------- LOT --- -----TLOT 35 1 � 1 \ 1 1 1 � 11 I1 1 I 1 I I I I 1 , , , , , / / / LOT 36 W 0 ZZ- pQ Z QUID X Ld Obi W \ hal ILLJX p Z \ < W °� Z -ANO ZU \` LLI W w �� ♦♦♦..♦♦♦♦ Z J \ 1 F- Z +...♦♦♦♦♦y i Ld U Z r O — r ♦♦`�♦ O w Q 0ll!� w �� \ • ♦♦ Y \, N♦ ♦♦ Q N \. o..z, Z0 -o ���• �> �'W!J t� I ♦ f Ar \ / i\ ��\'\ \ \ • --- (0:) 13 90 ti.,.Opg I AV j �Y\ 3N1,;12139W1 ,- 0 M31n j -- b \ 0 � - ri I J , i �s b I• r ♦♦♦♦♦ i r ♦ice... -- - CO : �/ Ma lj� d IM p c N 00-4 F ewoM 0 M :M;pw J Y ° c Im , , A o . V 940 -77 v 40 I i GZ Storage Tank Site: 303 Cozens Ridge _y y ro 17 we A'.. C �tic %*rb TK z;j 3 a� G • oZ 4 C3 Ody a rn or o 10 I �' - 6 - 'f 64P ,loolv* A ot P4 - 12 i Roland Rick 745 Heartstrong St. Superior, CO 80027 303-815-9280 rolandr@ati-aualcomm.com November 1, 2012 Jeff Durbin Town Manager Town of Fraser Jeff I appreciate you and the Town of Fraser considering my request for an easement across 303 Cozens Ridge. I have read through the list of conditions you provided that the Town of Fraser would want included with the easement. I have no objections to any of those conditions. The summary of conditions is: • The new driveway should be as close to the north property line as possible (5ft) 0 The new driveway should be no more than 12 feet wide and should be 5 inches thick • No snow storage on the tank and/or tank access hatch • 1 will pay for the installation of a fence and turnout to provide the Town with access to the tank while preventing all others from driving and/or parking on or near the tank. • The existing driveway should be restored to natural grade and re-veg'd upon completion of the new driveway • Indemnify the town from any maintenance, repairs, replacements, or damages • Prior to construction, the new driveway shall be graded and graveled and the fence shall be installed. During construction, the new driveway shall be maintained to minimize heavy trucks and equipment from sinking or sliding off of the new driveway and all construction materials and vehicles should be located and/or parked on my property. I have no concerns with these conditions. I have attached a more precise scaled drawing of the proposed easement, driveway, and house that satisfies the conditions above. Verification of the precise location of the tank is required, but the distance between the tank and the easement should be within a few feet of being accurate. The proposed easement is not against the north property line at Cozens Ridge Road due to a set of existing utility boxes. You also requested a brief description of the motivation behind the request for an easement. To best explain that, I have included drawings of the 3 options for a driveway based on the Town's original drawings provided to me. Option 1 is just the drawing you provided me showing the driveway over an easement across 303 Cozens Ridge. Option 2 is to run a driveway below the house similar to the design of 203 Cozens Ridge. This is our least favorite option as it requires using stairs to access the entry way, requires using stairs between the garage and main floor of the house, and a significant portion of the view from the main floor will be obstructed by the entry way. All of the house designs we have explored have the entry way on the north side of the house with a master bedroom, living room, dining area, and kitchen along the south wall of the house. Option 3 is to run the driveway along the east property line that borders the Town lot to the north side of the house. Besides increased cost, I have a concern that this is not viable or at best just unsafe in the winter due to the steepness of the driveway. If a vehicle were to loose traction going down that in the winter it would gain significant momentum before hitting Cozens Ridge and it is unclear if it could be prevented from going over the much steeper bank on the opposite side of Cozens Ridge. I could provide a photograph from the top of this driveway option if you think it would be useful for the discussion. Once again I appreciate the Town of Fraser considering this request. While I am receiving more benefit from this easement, I would also like the Town to consider that it will now have a paved, maintained, and plowed access to its water tank and the neighborhood will also benefit from a shorter and less visible driveway. Thank you for your time and consideration ilz Roland Rick �' S.'/ �:,::� S', • 1 )f5 Cr'•t!73 P'� 14F �fi4tt3' f R(!i 4 u:RI( 10.3 Developer agrees to dedicate or convey to Fraser a public parking area near the trail head of the Fraser River Trail, with parking space for not less than eight (8) vehicles. The location of such parking area shall be determined and it shall be dedicated or conveyed in conjunction with the review and approval of the subdivision application for Planning Area Ile or any portion thereof. 10.4 Developer, or its predecessor, has granted to Fraser a pedestrian and bicycle easement of 20 feet in width along the proposed west right-of-way for U.S. Highway 40, and Fraser has constructed a pathway on such easement. Developer shall have the right to relocate the easement and the pathway at its sole cost and expense if necessary to accommodate future development on the Rendezvous Property and if approved by Fraser. Fraser shall maintain the pathway on the easement in good order and repair at its sole cost and expense. 10.5 Developer agrees that public trails shall be dedicated and constructed in accordance with the 2003 PDD. The trails within an individual subdivision, and any offsite trails necessary to serve such subdivision, as determined by Fraser in consultation with the Developer, shall be included in the Improvements Agreement for that subdivision and shall be dedicated and constructed as provided in such Agreement. In addition, it is agreed that the trail along Leland Creek provided on the 2003 PDD, from its intersection with Rendezvous Road to the South boundary of the Rendezvous Property, shall be dedicated and constructed by October 31, 2010 if not completed sooner as part of an FPDP or subdivision approval. 10.6 Developer agrees to dedicate or convey a site consisting of not less than five (5) acres for use as a community recreation center to the Fraser Valley Metropolitan Recreation -31- Mks. ref 366 0 (7 :!tryi GP PP4D COUNT' CI-EPK' District in Planning Area 1 Wa shown on the 2003 PDD. The community recreation center site plan must be approved by Fraser and Developer, and the architecture by Developer, subject to the plan for Planning Area 1 Wa, and of a quality consistent with such an area, appealing to residents, property owners and visitors of the Fraser Valley. Such site shall be dedicated or conveyed directly to the Fraser Valley Metropolitan Recreation District, if such District obtains voter approval for the issuance of District bonds to finance construction of a community recreation center by January 1, 2005 and provides proof of adequate funding to complete the project. Subject to voter approval of the District bonds to finance the community recreation center, Developer and District shall enter into a binding agreement to convey the property, if such approval is obtained within the time limit specified herein. In the event voter approval is not. .obtained or proof of adequate funding is not provided by the District as set forth above, and after written request by Fraser for a site designated by Fraser (excluding 1 Wa, 2W, 4W, 9W, and l OW unless otherwise approved by Developer) and consented by Developer, which consent shall not unreasonably be withheld, five (5) acres shall be conveyed to Fraser for a public purpose. 10.7 Developer agrees to dedicate or convey a site consisting of not less than four (4) acres, identified as Planning Area bW on the 2003 PDD, for public use (which may include, without limitation, a public works facility). The exact description of the site shall be determined by mutual agreement of Developer and Fraser, or if the parties are unable to agree, Fraser will reasonably determine such description consistent with the provisions of this Section. Developer shall then complete the conveyance of the site to Fraser on or before October 31, 2003, unless a suitable alternate location is identified. In addition, if requested by Fraser, Developer agrees to -32- e, IF_•'?C��?..1�3Ei'7?3 1� '�'. ?':?v`i3 .h i i;� !�Fdi=.''Ri�l�: SRkA 1. hiJaE 35; of 73 R 366 9A.) G ,4 Ev1 C.'"ND c;t UINTY CLERK convey two (2) sites for public works satellite facilities, one within Rendezvous East Mountain and another within Rendezvous West Mountain, each to consist of approximately 0.3 acres. Fraser may request such sites in connection with any FPDP or subdivision application by Developer, and the dedication or conveyance of such sites to Fraser shall be completed concurrently with the approval of the applicable FPDP or subdivision plat. Fraser shall consult with Developer regarding the site plan and architectural design of such sites, including reasonable efforts to buffer or screen the public works facilities. The conveyance or dedication of each such site shall provide that if the site is hereafter devoted to something other than a public use, then the covenants and restrictions applicable to other portions of the Rendezvous Property generally shall also apply to such site. 10.8 Developer, or its predecessor, has previously conveyed the site now known as the Cozens Ranch Museum, pursuant to the provisions of the First Annexation Agreement. 10.9 There is an existing cemetery located within Planning Area 11E. Developer agrees to convey such cemetery site to the Grand County Historical Association at the time of approval of any subdivision of said Planning Area 11 E or any portion thereof which includes such cemetery site. 10.10 Developer agrees to dedicate or convey to Fraser the open space parcel designated Finance Update: 11/07/2012 Prepared: 11/01/2012 Budget hearings will be held at the next three regularly scheduled Board meetings. You will receive the "Alternative Analysis" 10 year Budget prior to the hearing next week. We will not be having a budget workshop on Wednesday, but will continue our discussions during the hearing. No transmittals this week. Budget has been my focus for as long as it has been yours! As always please contact me with any questions or concerns you might have: 726-5491 X206 or at nhavensCcDtown.fraser.co.us. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Planner Update for November 7, 2012 HTA Signage: We are working closely with Maura McKnight and James Shockey to get the Headwaters Trails Alliance (HTA) wayfinding signage contract executed before year-end, incorporating input from the Chamber and the branding process. HTA has submitted a grant to the State Trails Program with Colorado State Parks for the fabrication and installation of the new signage. We are hoping that the Town of Fraser will piggy -back on this project for our wayfinding design needs. Please budget accordingly! Grants: Fraser and HTA submitted a grant to Volunteers for Outdoor Colorado (VOC) for assistance with repairs to the Fraser River Trail. We have heard some good news, that the VOC are interested in helping with our project! Public Works is meeting with HTA and the VOC scouts tomorrow to get a tour of the proposed project. I have attached some information on the scope of work that was included in the grant application. Building Permits: We are in receipt of a building permit from Safeway to add a second consultation room in the pharmacy area. We are also in receipt of a building permit from East Grand Fire Protection District for the construction of a new utility building to be used for training. Signage: After the last Town Board meeting, I sent out a listsery asking my planning colleagues about off -premise signage and any criteria that is used for allowing them in other Colorado municipalities and counties. I am compiling the information now. More often than not, they are not allowed. Please contact me with questions and/or comments. ctrottergtown.fraser.co.us. Thanks. To,. -.•n of Fraser PO Box 370, Fraser. CO 80442 office 970-726-5491 fax 970-726-5518 v,7w)v.frasere olorado.com VOC 2012 rF ' 1 ,�� m � . " ;''�` Project Description: The proposed project is located on the Fraser River Trail on property owned by the Town of Fraser and dedicated via ordinance as designated open space. The Fraser River is the centerpiece of the project and the Fraser River Trail is the product of a strong coalition of support among a wide variety of local jurisdictions and regional organizations. This trail is a highly - used, non -motorized, multi -modal trail that provides access to the beauty of the riparian habitat along the Fraser River and extensive learning opportunities on wildlife, ecosystems, geology and history via interpretive signage. Scope: To perform maintenance on the approaches of 6 existing wooden bridges along the trail that cross the Fraser River. The bridge abutments were originally constructed of epoxy coated wire mesh gabion baskets filled with 6-8 inch cobble. Over time the side slopes on both approaches to the bridge, have deteriorated from trail users sliding down the river bank to get to the water's edge, to a point where the trail has sloughed away from the bridge decking and has rendered the trail approaches very narrow while exposing gaps at the approaches that poses a danger to trail users. Town staff has been trying to accomplish this maintenance work for the past several years unsuccessfully. Utilizing additional angular rip rap and/or gabion baskets, it is out intent to build up the degraded sloped areas to an elevation that will allow reestablishing the original trail width with a stable trail base that will hold the trail in place. Class 6 road base will be applied over the newly place subgrade and raked to a final finish to the sloped approach of the bridge decking. Other work will includes repairing sections of the trail that have over time either been washed out from flooding or has become overgrown with grasses and weeds and the trimming of willow bushes. Reestablishing the trail to its original width will be accomplished by rough grading of these sections in preparation of placement of new Class 6 road base material. Trimming of willow bushes that have overgrown the trail and that has made travel by the multi -modal users challenging as well as dangerous since visibility has been significantly reduced and in many areas is nonexistent. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Need & Benefits: As with most Colorado communities, the Town of Fraser has been faced with serious budgets cuts recently and as a result, there has been minimal annual trail maintenance performed on our trail network system. This year, the Town of Fraser was required to redirect funding for river stabilization as a result of the runoff water from spring 2011 in order to preserve a portion of the Fraser River Trail, an important community asset. By enhancing this trail, more users will be encouraged to come and enjoy this trail that meanders along the river allowing public access to protected public lands. We believe that this project is a good fit with VOC and we welcome the opportunity to work in conjunction with your hands-on organization that motivates and enables citizens to become active stewards of Colorado's natural resources! own of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.fraserco�orado.com Treatment Plant update: Nov -2012 • Pre -Treatment Facilities — We have turned on the heating system for winter. • Secondary Treatment Facilities — Staff installed a new raw water pump. New dissolved oxygen sensors have arrived & we are progressing with the installation, these sensors control the oxygen to the aeration tanks by adjusting blower speed. All equipment checked and serviced. • Disinfection Facilities — Normal cleaning and maintenance. • Solids Handling — The centrifuge is scheduled to be returned to us on the 14th of November along with a service tech hopefully we will be back-up and running the next week. • Site & Landscape — The drip system & outside water has been serviced for winter along with clean-up for snow removal. • SBR — We filled the tank and it appears that the old pipe or the pipe penetrations are leaking more research and testing is needed. • Chemical Building — The one and only bid we received was well above the budget and the engineer's estimate. We are going to discuss the biding and budget schedule at this month's managers meeting. If you have any questions please call. Joe Fuqua Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com 2.50 2.25 2.00 1.75 1.50 Q 0 1.25 W W a 1.00 0 J LL 0.75 0.50 0.25 Sep Month of September Influent 0.00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 2004 20052006 2007 20082009 2010 E 2011 2012 Page 1 INFLUENT FLOWS UPPER FRASER VALLEY TREATMENT PLANT Date Day Influent MGD GCWS#1 Influent Flow WPR Influent Flow TOF Influent Flow 1 -Sep -12 Sat 0.613 0.229 0.225 0.159 2 -Sep -12 Sun 0.636 0.235 0.234 0.167 3 -Sep -12 Mon 0.551 0.191 0.199 0.161 4 -Sep -12 Tue 0.446 0.143 0.164 0.139 5 -Sep -12 Wed 0.432 0.125 0.158 0.149 6 -Sep -12 Thu 0.432 0.127 0.157 0.148 7 -Sep -12 Fri 0.449 0.14 0.16 0.149 8 -Sep -12 Sat 0.491 0.164 0.175 0.152 9 -Sep -12 Sun 0.463 0.14 0.174 0.149 ######## Mon 0.416 0.12 0.151 0.145 ######## Tue 0.446 0.125 0.161 0.16 ######## Wed 0.466 0.134 0.164 0.168 ######## Thu 0.442 0.129 0.1448 0.1682 ######## Fri 0.462 0.135 0.151 0.176 ######## Sat 0.496 0.153 0.169 0.174 ######## Sun 0.503 0.153 0.173 0.177 ######## Mon 0.433 0.118 0.149 0.166 ######## Tue 0.421 0.114 0.148 0.159 ######## Wed 0.424 0.12 0.149 0.155 ######## Thu 0.439 0.115 0.149 0.175 ######## Fri 0.461 0.127 0.159 0.175 ######## Sat 0.495 0.146 0.173 0.176 ######## Sun 0.489 0.127 0.183 0.179 ######## Mon 0.454 0.118 0.164 0.172 ######## Tue 0.551 0.15 0.181 0.22 ######## Wed 0.526 0.152 0.173 0.201 ######## Thu 0.477 0.126 0.171 0.18 ######## Fri 0.474 0.125 0.149 0.2 ######## Sat 0.497 0.136 0.164 0.197 ######## Sun 0.487 0.136 0.17 0.181 AVG. 0.479 0.142 0.168 0.169 MAX 0.636 0.235 0.234 0.22 MIN 0.416 0.114 0.1448 0.139 AVG MAX TOF 0.169 0.22 GCWS 0.142 0.235 Totals 0.311 0.455 Indicates Values Resulting in a Permit Violation First Day of 30 Day Avg mg/L Influent Flow # of 7 Day 30 Day Avg Violations mg/L Effluent Flow TSS Percent # of 7 Day Removal Violations % Influent BODS Effluent E. Coli 7 Day Geo # of 7 Day #/100 mL Violations Daily Min. pH Effluent BODS BODS Percent the Year 1/1/2012 30 Day Avg MGD 30 Day Max # of Daily MGD Violations 30 Day Avg MGD 30 Day Max # of Daily MGD Violations 30 Day Avg lbs/day 7 Day Avg lbs/day 30 Day Avg mg/L 7 Day Avg mg/L 30 Day Avg mg/L 7 Day Avg # of 7 Day mg/L Violations Removal Permit Limit 2.499 2.499 2.499 2.499 5600 7.20 report 240 30 45 >85.0% January 0.523 0.771 0.529 0.762 1047 1245 266 284 3.53 4.79 98.7% February 0.566 0.793 0.549 0.790 965 1095 235 256 2.66 3.25 98.9% March 0.776 1.084 0.784 1.080 1035 1235 176 244 6.55 16.15 96.3% April 0.585 0.83 0.604 0.825 621 732 127 164 3.53 4.80 97.2% May 0.510 0.673 0.524 0.678 521 644 124 146 2.71 5.70 97.8% June 0.528 0.638 0.535 0.631 662 737 159 177 3.68 6.95 97.7% July 0.701 0.937 0.710 0.960 922 1180 169 227 3.38 4.60 98.0% August 0.563 0.835 0.562 0.827 739 891 168 180 2.82 4.05 98.3% September 0.479 0.636 0.486 0.631 561 782 150 214 4.20 7.90 97.2% October November December 30 Day Avg mg/L Influent TSS 7 Day Avg mg/L # of 7 Day 30 Day Avg Violations mg/L Effluent TSS 7 Day Avg mg/L TSS Percent # of 7 Day Removal Violations % 30 Day Geo #/100 mL Effluent E. Coli 7 Day Geo # of 7 Day #/100 mL Violations Daily Min. pH Effluent pH Daily Max. # of Daily pH Violations Permit Limit 671 671 30 45 >85.0% 111 222 6.5 9.0 January 252 263 4.1 4.7 98.4% 1 4 6.67 7.20 February 240 273 2.0 3.0 99.2% 1 2 6.77 7.28 March 215 290 7.6 24.3 96.4% 2 3 6.55 7.09 April 167 181 2.4 4.1 98.5% 1 1 6.67 7.10 May 160 184 4.7 6.4 97.1% 1 1 6.72 7.06 June 220 254 6.1 9.5 97.2% 2 36 6.77 7.19 July 225 264 4.1 4.5 98.2% 2 5 6.71 6.92 August 208 244 4.3 8.2 97.9% 1 1 6.67 6.96 September 212 246 5.6 10.5 97.3% 5 46 6.77 7.25 October November December 30 Day Avg mg/L mg/L Effluent Ammonia Daily Maximum # of Daily mg/L mg/L Violations 2 Year Avg mg/L mg/L Effluent TIN Daily Max 2 Year Avg mg/L mg/L TIN Removal % Effluent Temperature Daily Max MWAT °C °C Plant Capacity Hydraulic Organic % % Permit Limit varies varies varies report report report report report report January 5.6 0.57 11 1.45 NA 0.88 16.74 Lack of Data 20.9% 18.7% February 4 0.37 13 1.10 NA 0.77 13.99 Lack of Data 22.6% 17.2% March 2.5 0.40 1 20 1.10 NA 0.63 12.03 Lack of Data 31.1% 18.5% April 13 0.10 22 0.16 1 2.0 0.15 0.16 Lack of Data 23.4% 11.1% May 13 0.80 23 6.80 1.9 0.43 14.48 Lack of Data -7.5% 11.8° 11.3° 20.4% 9.3% June 17 0.40 30 0.85 2.6 0.24 7.15 Lack of Data 56.2% 14.9° 14.3° 21.1% 11.8% July 20 0.13 54 0.19 2.1 0.19 7.48 Lack of Data 62.5% 15.7° 15.0° 28.0% 16.5% August 17 0.10 53 0.15 2.0 0.18 17.09 Lack of Data 32.8% 15.8° 15.6° 22.5% 13.2% September 15 0.27 43 1 1.10 1 1.8 1 0.33 1 18.98 Lack of Data -24.2% 16.1° 15.6° 19.2% 10.0% October 12 24 1.8 0.09 Lack of Data November 8 14 1.1 0.20 Lack of Data December 1.6 12 NA 0.36 Lack of Data x jet_ �—J C O L OR A Il O PUBLIC WORKS BRIEFING (As of 11/01/2012 for 11/07 meeting) WATER— Water valve exercising program has been completed. There were several valve boxes that staff sucked out muck and debris and are now assessable. The Emergency power generators and switches have been ordered; the concrete pads were prepped by staff last week; the forming and pouring should take place this week. Jack Koop is doing this work. y I finally received two proposals for our generator project: one electrical contractor from Erie and on local, Power to the People (PTTP). The two proposals were within $350 and PTTP was selected for the project. Our schedule for start-up is late December or early January, weather dependant. SCADA controls for well No.7, also a part of the approved 2012 water system improvement projects listed above, will be ordered in the next two weeks with installation to be completed by the end of January 2013. SANITARY SEWER— Working with the Mercy Housing folks to see if they are open to providing an easement for the Babey `Redline' upgrade project w/ WPR W&S as discussed at the joint meeting a couple of weeks ago.. See PW Supplemental Briefing- 238 Mill Ave. Sewer Service Line Ownership Update. Please contact me with any questions you have regarding this matter. STREETS— Continue training on snow routes with staff. Our seasonal PW/Utilities staff, Katie and Danny will be ending their employment with the Town this week. They were very instrumental in helping PW accomplish hydrant flushing, sewer line flushing/inspections and completed valve exercising throughout our systems. v Seasonal decorations will be going up over the next two weeks and prior to the Thanksgiving holiday week. Cathleen will be attending the `short school' for waste water collections certification in two weeks. GARDENER— Continue to struggle with beaver management in the Linear Park. Staff has been busy installing Beaver Deceivers in dams to minimize water damage and impacts to the river trail. OTHER— Jim Swanson has been working on the final design drawings for the storm drainage pipe under US40 as a part of the FVI-GP resolution. Working with the Emery's to secure a drainage easement for this new infrastructure. CDOT repaired the failed culvert under US40 by Bank of the West this week. Questions? anordin town.fraser.co.us or 970-531-1844. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com tg, Fraser Building Activity 2012 Total Number of Building Permits Total for 2008 39 Total for 2009 35 Total for 2010 36 Total for 2011 45 2010 through Oct 36 2011 through Oct 41 2012 through Oct 42 Difference 2012/ 2011 1 Difference 2012/ 2010 6 Dollar Valuation (no hourly fee has valuation $ in 2011, 12) Total for 2008 $10,675,061 Total for 2009 $1,066,056 Total for 2010 $135,233 Total for 2011 $3,743,778 2010 through Oct $135,233 2011 through Oct $3,740,376 2012 through Oct $2,150,710 Difference 2012/ 2011 ($1,589,666) Difference 2012/ 2010 $2,015,477 Fees Total for 2009 $13,284 Total for 2010 $3,644 Total for 2011 $40,277 2010 through Oct $3,644 2011 through Oct $39,992 2012 through Oct $26,240 Difference 2012/ 2011 ($13,752) Difference 2012/ 2010 $22,596 New Residential Area 2012 through Oct 15,795 sq. ft. New Commercial Area 2012 through Oct 0 sq. ft. New Garaae Area 2012 through Oct 4,027 sq. ft. New Deck/Patio Area 2012 through Oct 1,746 sq. ft.