HomeMy Public PortalAboutTBP 1996-01-17
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TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120 /153 Fraser Avenue
Fraser, Colorado 80442
(970) 726.5491
FAX Line: (970) 726-5518
TOWN BOARD AGENDA
REGULAR MEETING
JANUARY 17, 1996,7:30 (l.m.
I. Roll call
2. Approval of 1/03/96 minutes
3. Open Forum
4. Water Discussion: Ron McLaughlin
5. Ordinances: Election ballot questions
a) an Ordinance submitting a debt question to Fraser's registered voters
b) an Ordinance requesting a repeal of State mandated term limits from
Fraser's registered voters.
6. Manager's Choice
7. Board Member's Choice
8. Executive Session
a) to discuss a real estate matter
b) to discuss a personnel matter (manager's evaluation)
MEETING SCHEDULE REMINDER
January 23, 1996: Winter Park workshop on the Base Area development
January 24, 1996: Public Workshop on Growth & Regular Planning Commission Meeting
January 31, 1996: Joint Town Board & Planning Commission Workshop: Maryvale revised POD
February 6, 1996: Maryvale Open House at Town Ha113:00 p.m. ~ 8:00 p.m.
February 7, 1996: Regular Meeting
February 21, 1996: Regular Meeting
February 28, 1996: Planning Commission Meeting
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TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120 /153 Fraser Avenue
Fraser. Colorado 80442
(970) 726-5491
FAX Line: (970) 726-5518
Manager's Briefing: January 15, 1996
New Things
Wednesday night's agenda is fullL Ron McLaughlin will present his conceptual water and
sewer plan for the Maryvale area. The plan anticipates the integration ofthe Winter Park West
and Fraser systems at some point in time. Enclosed are copies of Ron's report __ the maps
accompanying the report can be viewed at Town Hall.
At your direction, a ballot question increasing Fraser's debt by $200,000 for the construction
of water system infrastructure has been prepared for submission to Fraser's registered voters at
the April election. You need to submit this question by adopting an Ordinance at Wednesday's
meeting in order to meet the time frames established by the State Constitution and State Statute.
In addition to the debt ballot question, a ballot question has also been prepared that will allow
Fraser to "opt-out" of State mandated term limits for elected officials. Term limits were
enacted in the 1994 general election. This is the first chance to ask local voters if they want this
legislation.
I'm also requesting an executive session Wednesday night to discuss real estate negotiations
and a personnel issue (my evaluation). The real estate negotiation involves a presentation from a
local developer who is interested in the Fraser Mustang site.
Old Things
We haven't concluded our definition of mixed use so this will not be on Wednesday's agenda.
My apologies about not having this done -- but I don't want to rush the definition. We're
collecting definitions from other entities as part of our research on this. . .
See you Wednesday! J,tPJd~v
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JM[A~~ lPIIANNIfNCG
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rrJNITIBCG~1rm WA1r~ ~ ~IBWJElP( ~
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(Fraser, Winter Park West, Maryvale)
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McLaughlin Water Engineers, Ltd.
November 1995
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INTRODUCTION
BACKGROUND
The Town of Fraser owns and operates its municipal water system. The Fraser Sanitation District was
formed in 19671; the District then constructed a sanitary sewer collection system to serve the Fraser town
area.
The Winter Park West Water and Sanitation District (WPW) was formed in 19662. It provides municipal
type water and sewer utilities for the Winter Park Ranch subdivision, which is adjacent to Fraser, on the
east.
The WPW water system is now independent of Fraser, However, the Fraser Sanitation District has
developed a joint treatment facility with WPW at a site about Ih-mile north of Fraser.
Maryvale, a large area to the south of Fraser, is a planned major near-future development. This area has
recently been annexed to the Town of Fraser. Maryvale's development will require major extensions of
the existing utility systems.
PURPOSE
It appears obvious that there cou,ld be significant economies - along with an increase in systems
reliability - involved with integrating the utilities of all three of these adjacent entities. Fraser has
therefore authorized the preparation of this planning report.
The purpose of this Master Plan is to formulate overall system designs which could most efficiently, and
reliably, provide water and sewer sen'ice to the study area.
JPreliminary Engineering Report, Sanitary Sewage System for Fraser, Colorado, Wright-
McLaugWin Engineers, May 1967.
2Preliminary Report and Service Plan, Winter Park West Water and Sanitation District, Wright-
McLaughlin Engineers, November 1965.
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Assumptions used are:
. The study area for service would include all of Fraser and Maryvale (as well as another area
adjacent to Fraser thought developable), and the entire WPW District. Refer to the Master Plan
Maps for study area delineation.
. Proposed facilities and service can be integrated into existing facilities and assets in order to
obtain optimum results.
. Systems design can be integrated without regard to present ownership or service area boundaries,
i.e. political/legal arrangements can facilitate integration by contract and/or eventual unification.
. Winter Park (through Grand County Nil 1 District) will contract with Fraser and WPW to result
in a joint wastewater treatment facility, located at the present Fraser site.
IMPLEMENTATION
These master plans are intended to be general in scope. Information as to development proposals or
street locations are not available in sufficient detail to justify planning at the predesign level at this time.
Subsequent implementation phases should include:
. Predesign Phase. Preliminary designs should cover specific development tracts. Predesign
should result in exact facility/pipe sizing. Predesigns are to be consistent with the intent of the
Master Plan. Predesigns should immediately proceed actual development.
. Final Design Phase. This phase consists of the preparation of construction drawings and
specifications . These should be prepared to one set of design criteria and either prepared or
reviewed by one entity (presumably Fraser) to insure the uniformity and compatibility desirable
for future complete system unification.
. Construction Phase. Construction should be inspected by the managing authority to insure
consistent and uniform quality of construction.
9S,{l22.00JP:TEXT 2
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WA ER SYSTEM
EXISTING FACILITIES
Existing well fields, distribution piping, pump s tations and storage tanks are shown on the Master Plan
drawing. The present Fraser and WPW SystCI1 s are independent (not interconnected at any point); and
system designs were not coordinated.
WPW has constructed a base treatment facility a nd pumping station. However, only Wells 3, 4, and 5
are now connected to this facility. Future pia s are to connect Wells I, 2, 6, 7 and 8 (replacement).
The Fraser wells pump, through separate raw ater lines, to the existing treatment station. However,
the Fraser well pumps supply head to transmit ater to the tank elevation - there are no booster pumps
at the Fraser station - thus disinfection contact time is difficult to attain. All water delivered to Fraser
(except for the upper Ptarmigan area) flows back through pressure reducing valves located at the
treatment station.
MASTER PLAN
The conceptual master plan for the integrated ater system is illustrated on the Master Plan drawing.
Tbis Master Plan bas been designed without egard to existing political boundal"ies between Fraser
and Winter Park West. It has been formu1- ted to provide the best reliable service to the entire
study area at the lowest total overall cost.
The plan organizes the service area into four ba 'ic pressure zones:
Zone 1 (Blue) would have an I WL (high water level gradient) of 8,780 feet, which
corresponds to the existi 19 Fraser tank. It would also be supported by the WPW
Zone 1 tauk (for fire or other emergency) and by a new proposed Zone 1 tank
on the wf\st side, in Sec ion 29.
Zone 2 (Yellow) would have a HWL varying between 8,951 and 8,960 feet. The
service area is both on he east and west sides of the valley - and would be
interconnected. Zone 2 would be governed by the existing Zone 2 WPW tank
(which is in turn supp eled by the larger WPW Zone 3A tank); and by a
proposed new Zone 2 t a k on the west side.
9S.022.l)OIP;TEXT 3
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Zone 3 (Green) The west and e . t Zone 3 service areas are separated; on the east side,
the WPW and Maryvale one 3 areas would be connected.
There is no reasonable I cation for a Zone 3 tank on the west side. Therefore,
this would be a pumpe pressure zone and should not contain high-density
development.
On the east side, Zone would be supported by a new tank, located on the
highest Maryvale land, w th an HWL of approximately 9,170 feet. Water would
be pumped to this zone rom the proposed pumping station in WPW from the
existing Zone 3A tanle
Zone 4 (Red) is a pumped-pressu e zone on the east side. This service area should not
include any high density evelopment.
IMPROVEMENT POINTS/PRIORITIES
Source
i. It is important to com lete and thorou h test Ma ale Well Ng 1 - as the feasibility of the
future well field should be confirmed pri r to approval of Maryvale development planning. The
establishment of this well field will prob bly be beneficial for early water rights strategy (Le.
preparing augmentation plans). Maryval development should be dependent on the availability
of a firm physical and legal water supply
However, early development and use of well field in the vicinity of Maryvale Well 1 would
involve high early costs. A much lower nit cost supply can be obtained by first completing the
WPW well field, as listed below.
2. Equip and connect existing WPW wells t the existing WPW Treatment and Pumping Station.
The Winter Park West well field can the be economically interconnected for and by the entire
area.
3. Modify Fraser Well Svstem to conform to "standard" design criteria (Le. wells pump to a central
treatment station, where water is boosted 0 the adjacent pressure zone). This will produce good
quality water more economically than the new Maryvale well field, and should be next in order
of priority.
9S-022.00IP:TEXT 4
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TransmissionIDistribution
1. Remove Pressure Reducing Station in FI aser system. (May need to install individual PRVs or
system PRVs on lower part of system 011 y).
2. Install 8-inch connection from WPW Zc ne 2 to Fraser's Unner Ptannil1an svstem. Maintain
connection with Fraser Zone 1 for standb . This will provide two feeds (reliability) to the Upper
Ptannigan area, and increase water press Jfe there.
3. Install altitude valve on inlet to the WPW Zone 1 tank and interconnect WPW and Fraser Zone 1
systems. This will add reliability and stI ength to both systems.
4. Early Maryvale area development can takl place economically on the east side by extending Blue
Zone lines to the south as shown on thl Master Plan. The Fraser system can accommodate
limited development in the Blue Zone, wi thout major investment in storage. This will require
early completion of the loop on C.R. 72 etween U.S. 40 and Mill Avenue.
I Storage
5. The next storage tank should be the Zone tank in Section 29 as shown on the Master Plan. The
Fraser system is now inefficient in that Joth the well field and storage tank are in the same
location - and on the east side of the riv r.
6. Intellrate the WPW Zone 3 and Marvv: Ie Zone 3 on the east side as shown on the Plan.
Pumping from the proposed WPW Zone 3 station to the proposed Maryvale Zone 3 tank' will
result in significant cost savings and incre ased reliability for both systems.
9S-022.1Xl1 P:TEX'f 5
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SANITARY EWER SYSTEM
EXISTING FACILITIES
Existing Fraser and Winter Park West collection sewers are shown on the Sewer Master Plan drawings.
Each system is now independent - flowing to a joint meter station located at the north side of Fraser.
A 21-inch joint trunk transmits sewage to the Fr serlWPW treatment facility. The existing plant has a
capacity of 1.0 MGD and is at about 65 % capac ty in 1995.
Area wide "208" type planning carried out unde the auspices of the East Grand County Water Quality
Board has indicated the advisability of combining treatment capacity with the Grand County Nil 1 (GC 1)
District. In this case the existing Grand County erated lagoon facility (indicated on the Plan) would be
abandoned.
MASTER PLAN
The Master Plan asswnes that consolidation will ~ - and that a new joint interceptor sewer would
deliver Grand County wastewater to the joint F erlWPW trunk - and thence to the joint treatment
facility. Under this plan, the joint treatment faci ity would be expanded (to accommodate GC 1 flows)
and upgraded to attain ammonia removal, as proj cted by the Plan.
Other trunk sewers required to service the stu y area are shown schematically in the Master Plan
drawing.
IMPROVEMENT POINTSIPRIORITIES
L Maryvale has indicated that first phase d velopment will be on the west side, south of existing
Fraser development, and east of the railro d. Service can be extended economically to this area
by constructing the trunk sewer from the i dicated future Fraser Meter Station (near U.S. 40 and
C.R. 72), southerly to the new developm nt, as shown.
2. The existin Fraser lift station on Bad er ane should be abandoned, with flow being routed to
the existing WPW trunk, through a short ew 8-inch connection.
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9S-022.00IP:TEXT 6
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3. The proposed Joint InterceDtor from the existing GC 1 Donds is to be sized to serve the east side
Maryvale development, as well as GC 1 and the lower areas of WPW and Fraser. Construction
timing will depend primarily on GC l's needs for additional capacity.
4. Service to a small area, located on the north border of the east side of Maryvale which is planned
for low density residential, will require a lift station to preclude construction of a long trunk
sewer. It is proposed to abandon the existing small WPW pump station on Barclay Boulevard
and construct a ioint replacement lift station. The force main from this station can discharge to
an existing WPW sewer. This will also permit gravity service to several WPW lots which would
otherwise require individual pump systems.
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9S-022.00IP:TEXT 7
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TOWN OF ~1
ORDINANCE NO. 1.1,\ .
AN ORDINANCE PROVIDING FOR THE SUBMISSION OF A DEBT QUESTION TO A
VOTE OF THE REGISTERED ELECTORS OF THE TOWl~ OF FRASER IN
CONJUNCTION WITH THE REGULAR MUNICIPAL ELECTION TO BE HELD ON
APRIL 2, 1996.
WHEREAS, the Board of Trustees hereby finds and determines
that it is in the best interests of the Town to incur additional
debt, not to exceed $200,000, for the purpose of making certain
capital improvements designed to increase the amount of water for
the Town water supply and fire protection; and
WHEREAS, pursuant to Article X, Section 20 of the Colorado
Constitution and C.R.S. 31-15-302, the Board of Trustees may
submit directly to the registered electors of the Town of Fraser
the question of whether to increase the Town debt; and
WHEREAS, the Board of Trustees is of the opinion that it is
in the best interests of the Town to submit such question to the
registered voters of the T01-1n.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER IN THE STATE OF COLORADO:
1. That on Tuesday, April 2, 1996, in conjunction with the
regular municipal election, there shall be submitted to the
registered electors of the TOlm of Fraser the question of
whether the Tmm Hill be authorized to incur additional
debt, such question to be submitted in the form hereinafter
set forth.
2. That at such election, the question appearing on the ballot
shall be as follows:
SHALI/~~nl OF FRASER, COLORADO, DEBT BE IUCREASED BY NOT
NORE THAll $200,000 IN PRINCIPAL AMomtT, WITH A REPAYHEHT
COST OF HOT HORE THAn $260,000 TOrrAL PRINCIPAL AltD IUTEREST,
BY THE ISSUANCE OF BOUDS FOR THE PURPOSE OF FINANCING AND/OR
REFINANCING THE COUSTRUCTIon AND INSTALLATION OF TWO NEW
WATER WELLS, ASSOCIATED PIPING AnD OTHER U1PROVEHENTS, THE
RENOVATION OF CHLORINE TREATHEUT FACILITIES AUD THE PAYMENT
OF EHGIHEERIlIG Alto OTHER ASSOCIATED COSTS IN ORDER TO
PROVIDE AlTD IlICREASE THE AHOUl1T OF WATER FOR THE 'l'OWlt WATER
SUPPLY AUD FIRE PROTECTIOU, SUCH BOUDS TO MATURE IN NOT HORE
,': ',J 111['':'\1:''', ::. [,:"" ',F,:\;: 1 EIH d.IIH'
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THAN 10 YEARS AFTER ISSUANCE, TO BEAR INTEREST AT A NET
EFFECTIVE INTEREST RATE NOT EXCEEDInG 5% PER ANNUM AltD TO BE
PAYABLE FROH EXISTING REVENUE SOURCES WITHOUT ANY INCREASE
III THE CURREllT RATE OF WATER-RELATED PROPERTY TAXES OR OTHER
TAXES, SUCH BONDS TO BE ISSUED IN ORDER TO EVIDEnCE A LOAH
Oll SUCH TERMS AND CONDITIONS HOT IlICONSISTENT HEREWITH AS
THE BOARD OF TRUSTEES ~~Y DETERMINE, INCLUDING PROVISIons
FOR THE REDEMP'fIOH OF THE Bonns OR PREPAYMENT OF THE LOAN
PRIOR TO MATURITY WITH OR WITHOUT PAYMEUT OF A PREHIUM HOT
EXCEEDING 3%, AND SHALL THE TOWN OF FRASER, COLORADO, BE
AUTHORIZED TO RECEIVE, RETAIN AND EXPEND THE PROOEEDO GF
S H
PROCEEDS FOR GUon pnoPOSES, NOTWITHSTAUD NG ANY REVENUE /lo.UD
EXPENDITURE LIMITATIONS ESTABLISHED mlDE ARTICLE X, SECTION
20 OF THE COLORADO conSTITUTION FOR THE ARS IN WHICH THE
BOUDS ARE OUTSTAUDIUG? 11
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YES D .,vvh 1JoW1.etA ~ ~ ~
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That the Town Clerk is authorized and directed to include
such election question on the municipal election ballot (s) I ...
READ, P~SSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF ~w.
TRUSTEES AND SIGNED THIS day of , 1996.
9t/VYlOiJ/l-tJi
BOARD OF TRUSTEES OF THE 2"",1:0
TOWN OF FRASER, COLORADO
/JU ?t l'rttt' riL I
BY: L tMAd
C. B. Jensen, Mayor )
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ATTEST : ~
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Virginia Winter, Town Clerk ylNtfl1X l
Published in the Winter Park Manifest on , 1996.V~Y~1 4v
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TOWN OF FRASER
ORDINANCE NO. ~Z,Z-
AN ORDINANCE PROVIDING FOR THE SUBMISSION OF A BALLOT QUESTION
TO A VOTE OF TIlE REG ISTERED ELECTORS OF THE TOWN OF FRASER IN
CONJUNCTION WITH THE REGULAR MUNICIPAL ELECTION TO BE HELD ON
APRIL 2, 1996 REGARDING TERM LIMIT A TIONS.
WHEREAS, Article XVIII, Section 11 of the Colorado Constitution established a
maximum term limit of two consecutive terms in otlice for elected otlicials of the Town
of Fraser including the Mayor and Town Trustees; and
WHEREAS, Article XVIII, Section 11 of the Colorado Constitution authorizes the Fraser
Town Board of Trustees (hereinafter the "Board") of Fraser, Colorado (hereinafter the
"Town") to refer the question contained herein and submit it to a vote of the registered
electors of the Town of Fraser;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEE OF THE
TOWN OF FRASER IN THE STATE OF COLORADO:
1. That on Tuesday, April 2, 1996, in conjunction with the regular municipal
election, there shall be submitted to the registered electors of the Town of Fraser
the question of whether to eliminate the term limits for locally elected officials
provided in Article XVIII, Section 11 of the Colorado Constitution.
2. That at such election, the question appearing on the ballot shall be as follows:
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3. That the Town Clerk is authorized and directed to include such election question
on the municipal election ballot(s).
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READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS day of ,1996.
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
By:
C.B.Jensen, ~ayor
ATTEST:
(SEAL)
Virginia Winter, Town Clerk
Published in the Winter Park Manifest on , 1996.
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TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120/153 Fraser Avenue
Fraser, Colorado 80442
(970) 726.5491
FAX Line: (970) 726-5518
MEMORANDUM
To: Mayor Pro Tem Klancke and Town Board Members
Rod McGowan, Town Attorn~y
From: Chuck Reid
Date: January] 5, ] 996
Subject: Employee Contract Language
During the annual reviews and contract renewals for employees, I found two sections of the
Town's base employment contract that I would like to amend: compensation, in terms of
compensatory (comp) time off, and annual leave. Due to the time the Town spent developing
the contract system, I wanted to get your approval prior to implementing any changes.
While the Town has a base contract, the final contracts for Public Works employees is different
due to the differences injob responsibilities. Specifically, their contract states that
"no overtime shall he paid for any time worked in excess of eight (8) hour days orfiJrty
(-10) holtrs a H'eek, hut that compensat01:V time (~tf, at the rate of one and one-halfhours
ojjj;'r each overtime hour work will he granted. .. Any accumulation of more than
sixteen holtrs (?/'compensat01:V time (iff shall he approved hy the Town Manager, as
Fraser expects compensatory time ojj'to be llsed as it is accllmulatel.f, to the extent
feasible in light (if/he need" (if the Town and the employee. "
This language has resulted in Public Works' employees accruing hundreds of comp time hours
(literally) due to essential functions, i.e. snow plowing and summer construction. Other than the
above, comp time is not addressed in the contract so we're not sure what to do with it ifit can't
be used "as it is accumulated." At year end] 994, Public Works' employees had their comp time
"bought out" by the Town, often at a higher rate of pay than it was earned. In addition, 16 hours
of comp time can be accrued during one snow so additional accumulation should be at the Public
Works Director's discretion -- not the Town Manager's.
I would like to change the last sentence in the contract language above to read that
"Accumulation of up to fimy (-10) hours of compensat01Y time shall be allowed. All
other overtime hours must be cashed out at the next pay period at one and one-halftimes
the employees' hourly wage. "
This would limit the Town's overtime hour financial liability to a fifteen day period -- a situation
that is much easier to manage administratively and does not represent a long term liability.
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Page Two
Proposed Employee Contract Changes
The other section of the contract that I would like to change relates to annual leave. Contracts
currently state that
"No annual leave may be carriedfiJrward beyond the terms (?lthis agreement. {(it is
determined that due to the nature (?lthe work loael, it was not possible to take vacation
time, the TOl1'n A1anager may recommend to the Mayor and Hoard (?lTrustees to pay for
the vacation time. '.'
This language ties down each employee and employer in the use of annual leave and it places an
challenging burden on the Manager to determine if vacation time was possible or not. I would
like to propose two difTerent sets of contract language for this section, one for Public Works and
one for everyone else. For Public Works
"Up to one year (?laccrued annual leave may he carriedfiJrward into this contract. Up
to one year of accrued annual leave may be carriedfiJrward into this contract cJnd the
employee is encouraged to use the this annual leave during this contraCt. [fit is
determined that due to the nature of the work IOcJd it was not possihle to take the carried
forward annual leave during __~___, the carriedfiHward annual leave shall be paid.
For this contract, the employee shall cany fiJl'ward __m__ hours of annual leave. "
For everyone else
"Up to one year (if'accrued annual/eave may he carriedforward into this contract. hut it
must be used prior to the end of this contract.
For this contract, the employee shall car1yf01ward__~_ hours of annual leave. "
The key difference between the two sets oflanguage is the recognition for the Public Works'
employees that planned vacations may not happen do to weather related circumstances, and as
such should be compensated. For other employees, the proposed language offers a degree of
flexibility in the use of vacation hours without damaging the Town's standing and, at the same
time, minimizes the Town's litigation exposure arising from an incorrect determination as to the
possibility of taking vacation hours.
I look forward to discussing these with you in more gory detail.
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BAKER, CAZIER AND McGOWAN
A Law Par.tnership of Professional Corporations 62495 U.S. Highway 40 East
Box 500
.John L. Bakel', p,c. Gl'llnb)', Colol'lldo 80446
Stanley W. Cazier', P.C. Telephone: (970) 887-3376
Rodney R. :McGowan, P.c. Fax: (970) 887-9430
FAX MEMO
CONFIDENTIALITY NOTICE: The Information contalnellln tllI~ telecopy may be conndentlalandior pr,,",leged. Thl~ telecopy
I~ Intended to be reviewed only by fhe Indl\"ldnal(~) named above, If the recipient of thl~
telecopy tran~mlttall)age Is not the Intended recipient or an anthorlzed repre~entafl\"e of the
Intended recipient. you are reqlle~ted to prolJlptly call1l~. collect. at the telephone nnmber ~et
forth abovE' and retnrn the original of thl~ telecopy to liS at the above addres~. PIE'a~e do not
read. copy. or dl~~emlnate this telecopy or the InforlJlatlon contained herE'ln,
To: Mr. Chuck Reid Fax: (970) 726-5518
Town of Fraser Phone: (970) 726-5491
From: Rod McGowan Fax: (970) 887-9430
Baker, Cazier & McGowan Phone: (970) 887-3376
Date: January 1 7 , 1996 Time: 1:37 pm
Pages: 3
Subject: Employee Contracts
MESSAGE
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MEMORANDUM
TO: Chuck Reid, Town Manager
FROM: Rod McGowan, Town Attorney
DATE: January 1 7 , 1996
SUBJECT: Employee Contracts
I reviewed your January 15 Memorandum regarding proposed
changes in the terms of the Town's employment contracts
concerning compo time and annual leaves. I do not see any legal
problem with the conceptual changes, but would suggest the
following alternative terminology:
Re: Compensatory Time Off (Contract - Section III)
B. The parties understand and expect that while this
Agreement is in effect, the [employee] will do the work
assigned during a forty (40) hour week as much as
possible. The work week shall be the same as the
calendar week. No overtime work [defined as time
worked in excess of forty (40) hours a week]
shall be
performed except at the direction and with the prior
approval of the Town Manager [Public Works Director] .
At the discretion of the Town Manager [Public Works
Director] , compensatory time off at the rate of one and
one-half hours off for each overtime hour worked shall
be allowed, in lieu of overtime pay. The [employee]
is
expected to use compensatory time off as it is earned,
to the extent feasible in light of the needs of the
Town and the [employee] . No more than forty (40)
hours
of compensatory time shall be accumulated, except with
the prior approval of the Town Manager [Public Works
Director] . Any overtime hours worked in excess of that
limit shall be paid to the [employee] at the end of the
next pay period at the normal overtime rate, which is
one and one-half times the [employee] 's hourly wage.
Re: Annual Leave (Contract - Section VII)
A. [Leading Paragraphs Omitted]
Amended provisions for public works employees:
If the [employee] has been employed by Fraser during
the previous year and has not used all accrued annual
leave allowed for such previous year, the unused leave
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may be carried forward to and used during the term of
this Agreement, provided that the amount of leave
carried forward shall not exceed the amount allowed for
the prior year. Such carried forward leave must be
used during the term of this Agreement and may not be
carried over to any subsequent Agreement; provided,
however, that if it is determined by the Town,Manager
[Public Works Director] that due to the nature of the
work load it was not feasible for the [employee] to use
such carried forward annual leave during the term of
this Agreement, the [employee] shall be paid for the
unused portion at the [employee]'s hourly wage.
Amended provis~ons for other employees:
If the [employee] has been employed by Fraser during
the previous year and has not used all accrued annual
leave allowed for such previous year, the unused leave
may be carried forward to and used during the term of
this Agreement, provided that the amount of leave
carried forward shall not exceed the amount allowed for
the prior year. Such carried forward leave must be
used during the term of this Agreement and may not be
carried over to any subsequent Agreement.
[Following Paragraphs Omitted]
B. In accordance with the provisions of Section VII.A.
above, the [employee] shall have days of paid
vacation during the term of this Agreement. The
parties further agree that the [employee] has
days of unused annual leave from the previous year that
will be carried forward and may be used during the term
of this Agreement.
Of course, the job title of each affected employee will need to
be inserted in the appropriate places in their respective
contracts. I have assumed that you, as Town Manager, will make
the necessary determinations regarding the Public Works
Director's overtime/comp, time and annual leave accrual. If the
decision is made to delegate this authority to the Public Works
Director with respect to other public works employees, then his
title should be inserted in the appropriate spaces in lieu of the
Town Manager.
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IrJI C(I VW I ~ C~
ANNEXATION AGREEMENT rl'\ 1. . 2, . q b
Recitals
Development plan is preliminary in nature, allowing 5,521
residential and 2,466 hotel/lodge units. Owner must ~~~
comply with all current subdivision and Final Planned
Development Plan (FPDP) regulations. ~~
Article I - Definitions
Article II - Zoning & Design
2.01 Annexation declarations
2.02 General statement regarding 1985 development
plan that now needs amending.
2.03 Stipulates that the agreement is effective only if the
property is annexed.
2.04 References POD zoning and compliance with
Fraser' sComprehensive Plan.
2.05 Does not allow time shares in PAl & 2 (SFR zoned
areas, follows Fraser zoning)
2.06 If a Planning Area (P A) is adjusted for topography,
intended maximum density applies; a corresponding
relationship with overall approved densities occurs.
Article III - Density Transfer
3.01 Maximum density is based on entire plan and the
allowed units or common space in any P A may
increase by up to 10% as long as the plans
aggregate number does not change.
3.02 The 10% change is recognized as a minor change in
the POD if specific conditions are met (which are
administrative in detail).
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Article IV - Water
4.01 Owner provides its own water although this may be
supplemented. Water augmentation plan is in two
parts: municipal domestic, related irrigation use;
and golf course irrigation. Prior to development of
golf course, oWl1er must "reasonably assure" a legal
and physical supply of water (with golf course
water being less firm). In 1990 the Town purchased
80 acre feet of water in the "Windy Gap" project, of
which 65 acre feet has been bought by Maryvale for
the golf course. (Since then the Town has bought
an additional 25 acres.)
4.02 Physical water supply is ground water and Cozens
Ditch. Fraser approves well locations
4.03. Prior to submitting in FPDP or subdivision
application, preliminary design and documents for
water system must be presented. Detail must be
sufficient enough to ensure the design and system
will serve the proposed development.
4.04 Owner must submit a development schedule,
probable water flow requirements, cost estimates
for system and connecting to existing system, and
an analysis showing impact to Fraser's existing
system. Detail must be sufficient enough to ensure
the design and system will serve the proposed
development.
4.05 Physical supply of water must be proven prior to
FPDP or subdivision approval.
Verification of wet water must be done by a
professional engineer.
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4.06 Upon approval of FPDP or subdivision, a public
improvements agreement must be entered into with
the owner. Owner is responsible for construction of
all on-site or ofT-site improvements necessary to
serve the area. Upon construction and having
proved to perform, owner will give Fraser new
water infrastructure and appropriate water rights
and consumptive use credits.
In addition, Fraser will receive an undivided interest
(via conveyance) in the water supply facilities based
on the proportion of users in the area compared to
the overall use of the designed system. Once 70%
of a system has been conveyed, the entire system is
conveyed to Fraser. Same thing for augmentation
facilities. Until the 70% threshold is reached,
owner and Fraser will negotiate who maintains and
operates the system prior to FPDP or subdivision
approval.
Usual service fees shall be collected during this
time. Owner and Fraser shall share 0 & M costs
based on proportionate ownership of the system.
4.07 Owner keeps water rights and consumptive use
credits for all undeveloped parcels.
4.08 Fraser shall pay owner 90% of all PIF (tap) fees
collected in first ] 5 years following initial
conveyance of water system, 75% for next] 0 years;
50% for next 5 years of until system development is
paid for plus interest for a maximum of 30 years.
Reimbursement is not applicable for distribution
within a subdivision, but rather for transmission and
treatment expenses. Appropriate paperwork is
required.
4.09 Construction on system can begin prior to FPDP or
subdivision approval if Fraser approves.
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4.10 Owner may request Fraser water service and/or 300
water taps from Grand County Water and Sanitation
District for PA 14, 15, or 16. If owner buys from
Fraser, Fraser can buy the same amount of water
back from owner upon completion of their system.
4.11 Requires that secure title to water be shown.
4.12 Requires that secure water rights (license holders,
etc.) be shown.
4.13 Owner and Fraser agree that the golf course is a
priority and this section focuses attention on Phase
II of the water Augmentation plan, relating to the
golf course. Stipulates that golf course needs to be
built before 56% of the equivalent residential units
are built.
Article 5
5.01 Owner has option to purchase 600 sewer taps from
Grand County Water and Sanitation District. Fraser
Sanitation District has expressed an interest in
servicing property but o\'mer may elect to secure
sewer service from any usable district.
5.02 Sewer plan required.
5.03 Prior to FPDP or subdivision approval preliminary
design and documents for the system must be
presented. Detail must be sufficient enough to
ensure the design and system will serve the
proposed development.
5.04 Owner must submit a development schedule,
probable sewer flow requirements, cost estimates
for system and connecting to existing system, and
an analysis showing impact to Fraser's existing
system. Detail must be sutlicient enough to ensure
the design and system will serve the proposed
development.
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5.05 Prior to FPDP or subdivision plan, owner shall
submit proof of an approved sewage treatment
system for individual PA's -- either agreement to
serve from a Sanitation District or an approved
water quality discharge permit for a wastewater
treatment facility.
5.06 Commitment from Fraser and owner for regional
approach to wastewater treatment.
5.07 If agreement of regional wastewater treatment
occurs prior to FPDP or subdivision approval,
Fraser notifies owner of right-of-ways required.
The owner then has 90 days to suggest change~ if no
agreement, Fraser's alignment wins.
5.08 When owner constructs outfall line, Fraser has the
option, at its expense, to increase the size of the
outfall line.
Article 6: Other Utilities
6.01 Owner shan comply with an other existing
subdivision regulations related to utilities.
Article 7 - Drainage
7.01 Drainage plan required
7.02 Concurrent with FPDP and/or subdivision approval,
appropriate drainage design and documents must be
submitted (of sufficient detail to allow verification).
At property subdivision, a determination is made
regarding who is responsible for drainage
maintenance.
Article 8 - Streets and Roads
8.01 Traffic plan required
8.02 Provides for limited access to US 40.
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8.03 Road standards and right-of-way requirements are
outlined -- but do not match Fraser subdivision
regulations.
8.04 Fraser may require certain road development prior
to property subdivision and can take the lead in
ensuring road development.
8.05 Forest Meadows II Annexation. Fraser has
required, or will require as a condition to
annexation, that the land required for the Fraser
Valley Parkway that lies in the Forest Meadows II
property be dedicated to the Town and that Forest
Meadows II m:vners are responsible for construction
(two lane paved road) of the same. Section allows
monetary recapture.
8.06 More on construction of the Parkway as specifically
related to P A 27.
8.07 Still more on the Parkway construction; specifically
related to southern development and monetary
recapture language.
8.08 Defines construction costs and obligations
8.09 Right-of-way acquisition for areas outside of Fraser.
No longer an issue.
8.10 Addresses the need for an underpass. No longer
required.
8.11 Requires dedication of right-of-way for Fraser
Valley Parkway for subsequent annexations. No
longer an issue.
8.12 Direct access to PA 28 cleared-up with annexation
of recent parcel.
8.13 Ovvner is allowed to construct private roads within a
specific subdivision. Allows Fraser to accept or
reject dedication of roads to town.
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8.14 Restricts development on P A 23a to 50 units until
necessary righ.t-of-way for the Parkway is obtained.
This section is now unnecessary due to recent
annexations.
8.15 Same as above, except relating to P A 23b.
8.16 Further phased restriction to development on P A23a
related to right-of-way acquisition for the Parkway.
No longer an issue.
8.17 Same as above except relating to P A 23b.
8.18 Trigger language for constmction of the Parkway if
initial construction is in south section of property.
8.19 Allows owner to vacate right-of-way dedication if
its determined that the Parkway is not needed via
formal request to Fraser 10 years after annexation.
Article 9 - Public Dedications
9.01 Land dedications required for schools and parks.
9.02 Linear Park dedication: dedication of southern
portion of park required at subdivision ofPA 12,
13, 14, or 26; and northern portion of park at
subdivision of PAl, 2, 3, 20, 21, 22, or 24.
9.03 Provided easement for construction of US40 trail.
Owner has the right to move trail at its sole expense
after construction.
9.04 5 acre site to be conveyed as a community center.
Establishes specifics of site transfer.
9.05 Preserves Cozens Ranch House property. Has been
completed although the Historical Society would
like more ground.
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9.06 Park dedication credit is given for the linear park.
bike trail, community center and Cozens site
dedications for a total of 23.5 acres. Specifics total
parkland dedication required (35 acres), and
changes required parkland dedication in the
subdivision regulations to reflect the above.
Article 10: Transfer of Planning Areas I .
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10.01 Allows owner!fhrough a subdivision exemption
process for 8M planning area without complying
with the water, sewer, other utility, drainage, streets
& roads, or public dedication sections of the
annexation agreement. However, the new owner
must comply with the annexation agreement and
subdivision regulations prior to initiating any
development. Off site improvements can be
required of the "new" owner.
Article 11: Services
Fraser will provide municipal services to property
except as identified in the agreement.
Article 12: Remedies
Legal declaration of owner and town's remedies in
case of default.
Article 13: Miscellaneous
13.01 Stipulates that zoning regulations that are in conflict
with the annexation agreement are waived.
13.02 10 years allowed for submission of FPDP, or any
portion thereof
13.03- 13.11: Legal mumbo-jumbo.
13.12 Allows new agreement to be drafted by owner/town
mutual agreement.
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