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HomeMy Public PortalAboutTBP 1995-08-02 ~ I' --;--- ! :". .., .' \ . ~ , . ,~ , , I .. t , ~. . , ' '- ,', " ""." '.'" ',' I' 0' . , . 'l- .' .' ., .- " ' : ... _l . . . _. ", . .', \ " ... I . . . j . j , .. ' . . '. ~, , . ~( I ; ,I _' ,... ,.... --; \ . ~, I . I , J: .: '. , .' , ," ' . ,', -~ '"" "TowN:OF~SER " .'?" , , ' !, "Icebox of the' N~tion;' .~. 0 " ,,' f:l.O:Box120/153fras~rAvenue . ' " Fraser, Colorado 80442 ' " '" . . , " ", .~' (970) 726-5491 ' ; ., " FAX Line: (97,0)726-5518 ' " . . . , , . ,. . , ,. ' . .' " " " ". ' ' ..', .. , '.- .', ' -, . ',' " , " "', :.' '. , .. ",i I".' ",""." :"",,:;":'. ,-, ,',' t., .. \ " '.j..:. '.t. ~ ~, .' .' ,I ,. , ", , '. :. t. .' : ""-"",," : "'~~:'TOWNBOARDAGEND~" :,'. '. ' ',' . . " I ~ . ,I . -' ' . : 'REGULAR MEETING'" .' , r ':', ' 1,' , : " ' ..... ,. ,'" . . ' :'" AUGUST 2, 1995,.7:30p.ni. ~. :' , ...'. , ( ~ ... , i . " , '.,'; , , , , " ,c' , " .-., r, , . --,' '.,. '. . .' , ' I i ' , , ~': " "" . t \ ~ - " . , '1;,' 1 ".. ':'Rollcall . , I . ' ," '",' , . ,", :'0 . ... . .. I .~ , .'... I ~ ' . . . '. . . ' .. . . , - , .. ." -" t , . '" ' 2. Approyi:ll of?/1,? minutes',' " '..,. " ..' . I." ',: ,... "'", ,.... ". f . " , . .. , 3, " ..' B'ob'Tempi'~; Culiiiral A'rt~ Co~mitte~':': ,.", " .'. ,,'" , l " " ,1/; : l. " ,.,,".' ,,: -, ~.., ': '. ~ 1 , . "", 4, ' Stev~ Mikol;'Cha~b~r of Commerce' Update ,. ' ' , ", . --.., :j', ..,. ',. ""'" ',' ,'; , : '.', ~,.' ".", ': <',' :'..:>" " I'. .., , " . 5. .., . paye Abramoff, :Library CO!TIm'itt'ee".' . . , , ",'- ' , , , . I......,.: . .. . . :, ~ 'If ....: ' ", ," , . " ' . .~.: 6" Cheri Sanders:;.'Sign Code'Appeal. >' '.' --, ,-- " . , ' i, :.. ~.. " ,':': . . , . .' I " .'. ,... .. . '. . ~ ~ I , .. '", 7. WihterParkWe'~t~~questaridDisc~s~ion', t. ' . ":"., ,,:" : .' :" " ' "", , :..:,' ,-'.. .-"" " .' '.' , . 8~ , 'Manager'sChoice " ".,: ", ,,". ,'" f . . :: \ ., , ~' , .' I ", ~, . . . . \, .,. " I .. ' .... ' " ; 9, _ Board Menib~r's Choice ";:, . ' , . ~ ~ I " ..: ' . 1. '.. I ;.. ~' .. . {' . I .' ' ',. .]0, . , ", Exec~tive ~Sessi6nl, 'the'Must~ng' '.' " , ,,' . \ ! ,,,,}', .." . . . " .. ,'.~ " , ,'. . . '.' , . . . , . ~ }' ". . I . .. ~ ~ . .'... . ." '. 1 'b ' ,. . . , f l ~. . .'''' .. , . ) . '. I , . . - . . ., <.' ~ ! .. . ' .c ' ! ,,' ,r.~ '" '. .'~ " ,MEETING ,SCHEDULE REMINDER' ' . ' , , ' " .J. "'. . _'., ..:' \.... _. '. . ~ ' . . . I" ' . . . f ... , '. l' . , . . I " . . August}th,', . 'Worksh<?R ;;,' . " . -" ", ',', ,. . :: . , August 16th" Towna<)"ard ,. : " '" ' . :' '. :' " AugUst 23rd~ Pjaniling COITlIl1issioTl., . . " . -"" '" A'ugust-31st,. Fraser/Wint,eI'Parkjoiritmeeting';': ,\. __I- :,-':" ," ~ . . ' ".. ".., . ~. -. . . '....',' ',: I 11' j .... ~ I . t '.' 1; " , . . , '..., f ',' . ,,:'~"". . .' ;, " '. , "", ~~ : , , I' :' ,. . ';.' ", .' , . " "..' " . :- ,t, .. ...f ~ , . r ' J' .. " . ~. , . I ýÿ ----.--- . J' ! . . ~. \. - . . I ," . ',... "'.' .'" ,",:.., ',"",. ".' "',,' ":,.' 7' """',' .,' .' ., '.. .' ''', e' " < , . '. ,',<., d ' ':,',' , .': ........ ',.', -. . ,', . .'.. I . ~ -:.' / I. . , .. .., J . '" . " I' \ . ... '. "f" .' ,. . . , TOWN'OFFRASER ' L ,. .' ' , ", "Icebox.of the:Nation", ' , '. " ,': . P.0,'Box'126i.153.FraserAven~e ". . ,. ,', . , I' . Fraser, Colorado 80442 . , . -- . , , >. ~. .', (970) 726-5491 . . " '. '. ", " . .., ' FAX Line: (970) 726~5518 :, " '. "" ,,; .' .. . . , . -. - . - " ... " ..':.: .: "..~.-I....,--; ., '/ :',:' ;.. ~ ',", ",'" ,''',,' ", '., ,," " , , . ; .... .' '. I '.~ . ' . ~. \' . ", { .. , ~ .' '. ..' . . ~. , '. ' . J. , I., . ,'. 4 " . '\ ..', . I 1 II.. t ." .." . ' . ", " ,Manager~s,'Br.ie~ng: August:2;~ 199~ ~ ;. ",.-', " ",:..,'" '. . ,::. . " , . ,. " .' .' ~ J;, , ., .. t I '. . ,. " " I .... ~ . ." . , " , . . ". Old Item's " . " .' . '. '- . , ~ ,<'," , , ~, . '.' .. . . '.. ~ . . ....' '" . ".'. . . ~~ I' . . "'. '.... " '. .:.' 'I' . ~. : ,', I ." . '. I. .', 1, ,',' ,: , " ,,' Ii- St~,,~ouis Br'pass, Structure. !le~tin:g ~y~tem Up~~~~: D~Ilver W~te~ ,Boa~~'Wll1:b~"m~i~~'~g "~' .. , : . ''I' specIfic plal)s for you to revl~,w. Fol,lowmg..:up on ~hy the'structure was pU,llt on. St. LOUIS, ", ",' . :' .:' I ~ ,.' Creek, th~ Watt~i:Bo~rd an4 Bruce Hutchin~.from Grand C9wliy W~ter arid\Sanitat,ion both, ",' .... " :,::.. , .- N, 'stated that the'structure was built on St.' LOllis' Creek at Fraser',s request as this\vas the best ,:..," . ,- ". ." ',' .. ." '. '. I,' .,' ..'..... ' . . ,:, diversi'ori loca!,i()ri for the development of.Fraser~s wel1 syste,iri-';, . ,.....' :', '" .::..,' ... ""tco:' :'," " , '::---> ',,' .,',., ',', ..' ",'., ',' :"".," ',' ::'--', :"'- ',,' : ,~. ",', .". ,', ' '::. ':'" , *' Grand County Board of ReaJtors supported ,Fraser's $ J,300 grant application, thlit wil1 ,fund '~. . , . ,;, :' ~' ',~~re ~od( on a compreh~n~iv~.~ouSl~g str~tegy:- G!an~ awat~s ~U b~"a~o~n~e4 ,in bC,t<?ber:'~, ~,~ " :<", __:'. ", " . ,..' '4a rd Ret~e~~: s'e~t~~b~r 9'tli ~~~e~r~, to,be',~>"bad"~~; for 'th~ B~~rd\ ~~trea~ d~~' ~o,'sch~dui it)g ,.<;' ',~' ':-- ,:'. ':':, "; '~onflicts. So, I'd like' to know what the Board ~ould'l1ke'to accomplish dlJ-ring the retreat, ~~~. "'. .' ,: , . '. explqre. other:.d~t~s '~nd/or,tiJ:f"~S based Of! y6Ur,,~nterests, ~ " " ' , " :, "', ' ". ' '.; - . ;,,:' < ~'~. I I ." '. .' , ;' ". ~ '. . . , '. " ',' .' _ ~ . " . . " , ":,: ' , " , . ~" ,'.'.: :",.'.: . .' ,.;', ' : : ~ ~ ~I:> '," ,'. ~','.:, .,', ,"~: ".New-Items.. ,,',' ""', ',,:': __ , ,.. , , .'. -:' " . ' , . I .....'~.. 'l" " '.:' .',;,'~ . .", . .' l..." . ~ :.." '. . ..... . . .:\ . J " ,," ,-:Fras~r's got 8'new b~,siri~ss! .-the.,r.lan~ing ~~t,nrnis~ion,~app~ov~~ plan~ 'for a ne~, r~iail stdr~. : > , " ',~:. , , '~':" ~', on poc, Susi.e: A yeime!.' Tpe stb~e will be 'in ,he,-,Sinall bl ue bui'din.g that, is' s~t.ba~~, frqrii the road .,: ',' " ',"" l' _,; ,'adjacentto'BeckySwatzel!'s.-:and\viJI,~~lland;s~rViceaudioandvisuat'equipI?~r:tt.. ,:': . "., ' ," ;-' :-. ~ .. I ,,;" ~. ,. . . ,,:." ," '. ".~ , .t'-;',' '.~ " l. " , ' S,ign Co~e R.evisions: Atta'ch~d'you'li find a' proPQsed changes to the sigri"C9de. ,Parts or the": '.,. , . . ',,: >;. .' '~. . l. .- . '--;,', cUrrent otdinance.are ,amhiguous,difficult to enforce; unpopular With busin'es.ses~ 'and has le~ us' ,,~" ',:: " . . , "I)" , .' .. . . , ' . .' ,'.. 'to, initiate ch.ang~s.' Th~ PIiu:ming Commissiqnllpo~ed.b~,eflyat the'proposed cl1anges-last'week': -: '~' ,.', i.',-. ,"', :,,'" : ~~ \ye,,~i-Ir?e S~ri~~~.c~.~ie:s:Qf,t~e.p~op~~e11~~n~~~ to:~rea ~U~i.ri~s:~e:,'~;ri'~p~t~',," ; ,. __,'.' . ., " , l. " ... 1 , . . . j " ~ 'I' ,. ' ~"Unique Opportunity for the new Library and the Town has surfaced: the Library,site' ., , . . " " ,'" , committ~e i~coming to spe,a~ with the Boa~d ~bo1J;tthe'.possi~ilio/"ofswappingbui~dings; ,an. ,,' .: :': idea that, as Vicky re,cans"b~~~been a'toplc o['discussioninthe past. From a 'public facility use,. ' .' , " standpoint, I think it 'is an:~xc'iting' option,an<(lpok fOr\va~d to 'heaJiing' ~hat the ,coinml~ye' has 'iri" ", .." ,'.'- mlT'!d. See the'letterfroin:thecommittee',in ~he~genda pack~~ forrr)(~!e. !nfonnati,6n. '" ,.:" . ',u "', '" .:\ :'."< '.:' ':' ,,': :". ,'<,,':' ,: ~ . , . "". \ ' .~ . ' :- . ~ \ r .~. '. ":; . '". . , . 1\ " .', ._. " ~ e e --'~ 'J'(lWtJ HO/\RD .1lII.Y 11.-1, I<J<Jj The Icgulal' lIIeeting of till' '1'1.11'1'11 BoaHI \\,a~; called 10 OIdc:r al }:JO P,IIl. l'loal d preselll \VlTe ~1a\"1I' kmwll, r< I:lIlcke, ~;\V:1I?c". ( II!-:(lll. 11:1\:en~, Wil":;llg and Jollllslon, /\I!-:o prcfleJlI ",err. I<eid , SLdl(l1l and \Vintc\'. r\'fill'-'Ic~; of the previous 1I1Cclil1g ,yen; appl Clved a~ \VI illt'n, (';1''',\' '?fll.:f~ n',\"iewcd lhr ('ul,,,,.:,1 /\'I~, ~""1111KI' I"'IJt!,,.:III, 111:1' i~,: ':dll~d"Ic<lI(.1' the S'"1111'l'f \\'i\'IVI~ RKillTS UPUi\TE ~;I;!I1 ('azier.. Ihe '1'11\\'11 Walcr :\lfnrrw\' h, id{~d Ih<: Hoa,.d 1ll~;1ll"('1": :,r'Pllllllf waleI' ";rhl~: Ihe TI)wn h:l~; ,':lllIed wakl lighl:; afld Ilo\\' Ihey '.'d11110 IlIokel a c:llllhal \Ve could gel and the lilt 1!oi"g prrw!:"~ ill w:!I/~" ''-0''1'1 In 1",TF'CI IIw~e ,.igll'~, (, 'a7.i';;r :t'~fl rfi~':\.'."~~rd l,::lrin,-,~ \"':llc" ,.:.:~c~ !hill Ihl' I'm\ II lIi1s ')1' is all ()t~jcc.l(JI ill Ihe l:a:ie, \Vilh Icg;m,h 10 Ihe \Vain lilillg by \\TI~,\ ('),:1, '\V~O:j). ( ':I;-i'T ;1:,:1:,'" Ii,I' :lllthpri7:lliofl In gel 1.1Irl (I'-'h~ CiI~G, Bll:lP,' ;lppn,\:cd Ihis wifl,," :"v;~1 '" flw "W-T whcn ,,'a:;,iL'1 i~,~ culllli)rlabk \\iilh Ih',; Town 'g pl)silioll. (rnu':p Willie! P;lIl: WC~:, Waler :lll<l ~;;lIIil:ltinll g;'\T Ihe nn:,,!! il wrilkll hrklj"g nil :t 1lJl.:dill!! Ih:11 Id;lI VI:t1t: had alklHkd ;111<1 ashv.\ 10 pprc.:h;,sl: .1 (JO(J walCI alld Sl:~\\i(,1 laps, \VI'\\' \Yould like III 11;1 \;'.: inPUI Ihllll the Towll ClmC\:1 Ilillg 'hi~: n:qlll'sl, /loilrd \"illlIl'cd tinw III slll<l.\' 'his, Tahled. Reid proposed :l P c~:"'l1ti(1l1 ~.ce-ldng a gl':llIf fflr Ihe no;trd 01 Rcalt(lf~ Ihal will fillld ;111 Inlel'll 10 g.alhcl illl~J1'1l1alifJJl \vilh regard!; 10 Ilolli-iing issuc!~. Johllston nH)\,cd 10 appr on; Rc~ollJli(ln !'Jo, 7.. I-()S. hHI .lla\"ens, canicd. \Virs;np, made ~, llIolioll :IPPl'Ovi"g 11)(: ,. 1/\ 1':lI':I"'am:;1 Plan. "llld ":l\/C'IS. carried, Reid Slated Ihallhe diversion shllctUlc OIl SI. LOllis litr I.he C1illton \'i;llcr \"illnt'cd aI'I'I/1\, $,1000 ill wC:lllwl i/.alioll \\'/11 J.:. nil;" d willllCI,:d more in ff '1'1 11:'1 IiI 111 Of! Ihi::, .rill! 'J,,~' illfrJrJllcc' rhe "oan.! hy "Jf.'::llIS III' 'he kiter Ihal ht: wa~: Illoving 111 Calili,rni:l In Sl:'lf I ;, hm:ill(;~~:. hili hl: \\Olald do Iht; ~I:lllllr..:~ Ihc.:n,: :111(1 h.-inp, Ihelll Ollt. Ilo\-' l:IIt:ll'" :1l1.t:c1lhc 1'0:11 clio , , pur~lIc 'he !!ra,,'~ li.r III': ":Irk, ,0 Reid "sh~d Ihe Bn:mf (0 rn,;cw Iheir ral:llldelS and sce if Sept. '/Ih could he scheduled Ii". the rc.lll~~11. __ nn ________ ------- ----------- . e e , \ .k1!~UI Iou" "illJ:~dr off IlK Bo<!..d iIIlll pl('s"~nlt{II""~ linal (kvdf)l'llIcIII pial lin lilt; HlPh:" WIILTI "I,hdi '.:i~~ill!l. ~:Iid'f\ll n,:vicwc(I '11(' i<:~\lcs 'h<,,~ Plalll';"!!, ( '/\"ll1li~~f:i{ III had n~gal(Iillg Ill': plaf. 'Ihc~;c h:,,,,c bU:1I ;tddrc~;~';t.:d, Doanl di:;cw;:;t.:d 1~t)\V La:;clIlcllllul \\'apiti Ut. .lcm:cllld:n:::d he Oll'c,lCd In fY,iv" If", ,ked If) ",,-, 1'Il;,d '(I '11(,: Town hilI 110 dcci~;;(lII W;IS 11 I;" I.!: ;\1 \'hlllllllP. I 'r",,,"iS':;I1", (*;011 , . matk a lIIulioll to ;lPProVf,; 'he plal alld gel a (kt'lllll Wapili Dri\'c. :~IId .I{JIIII:~'OIl. <.::111 iut. 1'-1(1 fl. II 'hl.:1 h,-,:;illl:~;~:, IlIc.::lillg W;l:; adjlll'III':d al 10:--1(1 P,IlI, ýÿ . . MEMORANDIIM TO: Town Board FROM: Dave Abramoff, Chairman Fraser Valley Library Building Committee DATE: July 28, 1995 We are currently at the stage of finding a site for our new library, Our needs are for approximately 1/2 acre affordable site, Our hopes are for a free site close to the school and with good access and visibility. We are considering and have considered sewral options and we arc still open to help and suggestions, We considered the present library site but ruled it out because of complication and expense of moving private landowners, We are considering a site adjacent to the Fraser Valley Ace Hardware which would work. However it will be closer to the highway and its more noise than we would want and also being next to a bar/saloon is less than desirable, One very intriguing possibility that we have come up with is this building -- about which I will give you a verbal presentation at the Board Meeting on Wednesday. . . August 2, I tJ95 'l'own or Fraser Fraser, Colorado DeliI' Mayor Jensen and Bomd Members: We are writing this letter in reference to the current sign codc and specifically the portion pertaining to displaying banners, The town has contacted LIS, opposing the banners that \\iC are currently displaying on our store on Byers ^ venue, We nm\! have 2 professionally manul:lctun:d banners from the Wrangler company, one on thc north side and one on the east side 01' the building, As our building sits olT the highway and lit an angle \\iC arc easily missed by thc trartic headed west on IIigl1\'vay 40 and our store is not visible to cast bound trartic unli1lhey me already passing our pmking lot entrance, These banners were put up to help attract attention to our store, It is not our intention to use these banners on a permancnt basis, lhey are a temporary measure until \.ve arc able to finish remodeling the woperty, Our rell10deling plans include a western style store front on the building, an antique wagon in rront, pavement and morc landscaping around the property, We leel thllt this will aUract the attention or people passing by. As busincss has been slower this summer than wc expected, these plans have been postponed until the sumlller or 19tJ6 and we wish to continue to use our banners on our building. Wc will be happy to put rrames around both bllnncrs on the building and will replace them with new oncs as they become I~H,leu or worn, Sincerely, ~i~){ ~/ () U ~ , '. ':2- I I-,."j,.. /.'." U. ,[ .1. ' Cheri Sanuers OWNER ýÿ ) 'I . . The Winter Park/Fraser Valley Chamber of Commerce Memorandum To: Mayor Jensen and the Trustees of the Town Council of Fraser From: Steve Mikol, Executive Director Date: August 2, 1995 Subject: Report of the Winter Park/Fraser Valley Chamber of Commerce . The Board of Directors of the Winter Park and Fraser Valley Chamber of Commerce met on July 13, 1995. The financial statements for the month of June were approved by the Board and are enclosed with this report for review and comment by the Town Trustees. A final draft of the annual audit of the Chamber was also approved by the board. Copies of the final audit have been forwarded to the Chamber's stakeholders in the Towns of Winter Park and Fraser. . The Chamber Board held its annual planning retreat on June 27. The Board reaffirmed its Mission Statement and established goals and objectives for the next 12 months. The Mission Statement and goals and objectives will be communicated to the Towns of Winter Park and Fraser and to the members of the Chamber via an annual report of the Chamber to be completed by mid August. . The Chamber staff completed its move into our new Visitor Center on Friday, July 7. Though there are still a few bugs to be worked out, the new Visitor Center is fully operational and is enjoying an increase in visitor traffic that is far greater than had been anticipated at the new location. Visitor comments and overall response have been excellent. Catherine Ross is working to coordinate a "Grand Opening" celebration and open house on a date to be determined that will be two weeks after the conclusion of landscaping at the Visitor Center and at adjoining Hideaway Park. . During June, three new members joined the Chamber and one member was dropped. During July, six new members joined and two members were dropped. These changes bring our total membership to 302. P.O. Box 3236 . Winter Park, Colorado 80482 . 303/726-4118 . Denver Metro 422-0666 ýÿ .- .,) , . '... . . Winter Park/Fraser Valley Chamber of Commerce Statement of Revenues, Expenses and Changes in Fund Balances for the six months ended June 3D, 1995 Unrestricted Restricted lVIE~.fO YTD 1995 FUND Ii'UND TOTALS 1994 BUDGET REVENUES Membership $66,439.3 I 566.4 39.31 565,103.00 SI17,OOO.00 Mwti ContribuLions $48,239.00 $148,907.10 S197,146.1O $203,438.00 $324,000.00 Visitor Center $990.83 $990.83 $575.00 $5,500.00 PublicnLions $23.07 $28.07 $155.00 Other Income $4.9%.72 $'1,9%.72 $1,901.00 $7,700.00 Special Events $15,235.58 $15,285.53 SO.OO $15,000.00 Funding Grants 57,606.92 S7,606.92 SO.OO SO.OO TOTAL $120,743.93 $171,799.60 $292,543.53 $271,172.00 $469,200.00 EXPENSES' M~lIlbership $4,534.82 $4,534.32 .$4,975.00 $10,500.00 Publications $860.59 S860.59 SO.OO $1,500.00 Visitor Ccntcr 515,610.62 $15,610.62 $18,529.00 $28,100.00 Visitor Operations S384.59 $834.59 $26.800.00 Payroll EXl'cnscs $77,599.27 $77,599.27 $36,273.00 $154,700.00 Lcgnl, Audit, & Acctg. S5,590.46 S5,590.46 54,344.00 $7,000.00 Oilicr $347.50 $34 7 .50 SO.OO $0.00 $105,427.35 $223,600.00 MnrkeLing Advertising 5185.067.51 $185.067.51 $127,152.00 $242,000.00 Special Evcnts $23,472.27 $23,472.27 $9,590.00 $66,300.00 Eco!1omic Devclopmcnt $142.00 $142.00 SO.OO Sl,OOO.OO S: 13, 681. 73 $136,742.00 $309,300.00 TOTAL Expenses $105,427.85 $213,681.78 $319,109.63 $200,863.00 $537,900.00 SURPLUS (Deficit) $15,316.08 ($41,882.18) ($26,566.10) $70,309.00 Fund Balance Jun. 1/95 $105,584.00 $138,097.00 $243,681.00 1< 'Winter Pari\. Music Inl SO.OO ($50,000.00) ($50,000,00) Ending FUND Balance $120,900.08 $46,214.82 $167,114.90 ... \"PMI sced FWHiing / CnpitalizaLioll 06/07 ... rev. 7 / 11 / 95 ---- --- , \ . . ~ /y )~ /----- / () .-/ ~'- b ,_ ~______ 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 MEMORANIHJI\1 To: Mayor Jensen ~td ~oard Members from: Chuck Reid ~~ Date: July 28, 1995 Subject: Winter Park West Request Attached are copies of the Maryvale annexation agreement's wnter section, the Town's lease agreement with Maryvnle for 65 acre feet or water from the Middle Park Water Conservanc.y District (Windy Gap) for the golf course, and Maryvale's service request to Winter Park West Water and Sanitation District. After reviewing the request, annexation agreement, Windy Gap lease, and Maryvale's Water decree, this memo outlines some pros and cons on the request. One item ofpmticular interest is that the annexation agreement and lease prohibit Regis or its successors from selling, leasing, transferring, encumhering, or otherwise conveying their water rights, or the 65 acre feet rrom Windy Gap, to allY other party except future Mnryvale property owners. Even then, the Town can veto the sale withjust cause. (Annexation agreement Section 4.01; section 8 orthe lease.) I I' the Town is interested in the request, I recommend that we amend the annexationngreement and include other items that we've talked about, but that me not part or Winter Park West's (WPW) speci fic request. What we get · The offer protects Fraser water rights: Maryvale must supply its own water, and while they have secure water rights in the Cozens Ditch and approval to dig up to sixteen ,.vells, they do not yet have enough wet water to satisf)' their nnticipated demands. As such, they will continue to npproach other agenc.ies to provide \vater. Irthe Town allows Maryvalc to obtnin wnter from WPW, this water would be availahle at other locations on the property. · Potential system expansion: WPW's request states Our nOllrd's goal ;S fo assume fhaf af slime po;nf ;17 fhe./i'fure fhllf fhere 11';/1 he a merger (?tour \Fllfer sysfems. . . Water systems can be a significant asset and I encourage the Board to examine the possibilities or allowing this request based on the long tcnn goal or taking control of the WPW system. · nl"vclopment will occu,' sooner: WPW's infrastructure is in place and can be tapped almost immediately. It will take a few years to develop Fraser's system to the proposed service area. -- t " ~ e e Winter Park West Request Page Two What we lose . 'Vater system conveyance: Section 4.06 of the annexation agreement provides one of the strongest points in the agreement, in that once water lines are built, the owner must convey infrastructure and water rights to the Town. This conveyance is an asset and will not occur without the Board negotiating for this with WPW. . Control and IJrccedcnt: The request results in a separate governmental entity providing water to'Fraser residents -- an additional layer of bureaucracy that may confuse lines of ncconntahil ity for sonle Fraser residents. I f the Buard accepts this request, sewcr service from Grand County Water nlld Sanitation District for the developments that occur between the river and US 40 nlso needs to he discussed. . A potential growth management tool: Alluvium now and aquifer water quality, along with open space preservation, are becoming critical issues in the Upper Fraser River Valley. As slIch, Frascr may wish to encourage County regulations that would require new development to be connected to a \vastewater treatment system. One result of this policy would he higher density in the immediate Fraser/Winter Park area. The Maryvale developer is currently required to build their own system and connect with Fraser. Requesting service from WPW for 1,(JOO taps would result in 1,000 fewer taps that would be available for future development. From a time commitment stnndpoinl, no work has been done onlhe feasibility of some of the options mentioned above, or in other issues like system integration and compatibility in which the Board has already expressed interest. I look forward to talking about this request in more detail. ýÿ - -- . ~ .~~..'. t, i' . e e ' .: ":r I Willter Parl{ West Water & Sallitatioll District P.O. Box 1390 · 509 Zerex Succt, Suite 205 · Fraser, CO 80442 . 0(3) 726-8691 ,JIIIIA 27, ] 99~) . . . Board uf n :L r- e c tor s .'fOhll uf FlAser P.O. R()~; .1 20 Fron(~l' , CI) 8 () .J ,j ;:~ ',I ~ .":' '.' . ;. '1' I:', /a'~ : ' ,- '.' Dear Boa n1 Nelllbers: D(1I1 ~Ii n I kn, t (~ P I." (~ [-I (~III i. II ~J llw ~lClryvClle f)Hvul.op(?/s IIwL \oi.i tit ollr nOilrd and C IIlI cI, Reid (III 1\'(~drwsd,'1Y , ,.11111 e 1..:1, 19~h . , Ollt:. Burt rd 1.1 a n I: s to cnnl:inllp tn 11<1\'12 opell 1..inQ:'~ of (:Ollllllllllicatiull and to I~O r I; 1)11 I' cle\'e 1 (lplllf~n t .i f, ~~ 1I r:! r:; Cirsl \,'j 111 t II (! TOlnl and seconnly \d 1'.11 the neVE:~ 1 opel'S. Don 1'1 i e 1I;e pr'oposed it I~OI1 t:./:Clc_~ I'. 1:0 P II n; II ;:1 :,; C' IUOO 1~;:II:Pl" (lnd s e I~ e r t apf; f l.'('"1 (llll' ROelle] t: 0 E: 8 r \ f~ Ih(~ Clre~1 L11 e y II (I \. I~ do;;:i gll,ol I' r:d as rll'(:a il :~ () I~ II i (~Ii i ,~ a llIotel r;j U:. .~ C(lPY <.J f UI i:; p)'(lp(lHI~d i\ q I' e (~11l (~III. \-':,1::; .:0 pe(I\' -j clee] "I) etHlcl;; at rhe Iilt::(:! t. i IISJ . nUl' .i Ilq "llfd r revip\-., (II I r: [loa J'r] s t 1:I'?SSI~d I' Ill? npod 1:0 COll~:IIII.' Idlll and 1:,J'l L a 'i II Ihe ;'111pro\' al of , Il~ To,,' n f (>I' i. II (' III si 0 II to 1.118 [)'j ;j I: I i c_: I: For Iv (l t r-~ l' f;r-'rvi.cA. Ollr nO,:1l el' u goal 'j ;, tu ;,'1:,;:jIIIllP I:Ila!: ;'il. f; (lIn (.~ [ )( d II t ill l.hr rl.llll[,(~ tl10t I: he J r,? H:i 11 bo Cl 1I1e tg 81: (. [ nut \.; n tEn' ~~l'!':; 1 (~IIlS cllll] 1: II,] t Illil .i (l r s t l'lIct 111.'('8 sucll as Wi'! I: I~l tClllKS nut he dllpl 'i CClI_ ed ;joIE~ly 1,(:!caI.lGc,: of put:i t.ical bOl.lnda r:i es . If Oil] Y " n I: P. I' r.-;~rvj c(~ I~.'ln pru,,] d(~d ( (llll:' nc lCl 1:'1:1 I~OU 1 d cn II n i r1 (~I- only ass e G !j -L 119 L118 mill 1 ev): d nS(lC i a t (~d wi tit 1.J1It: Hater S ). B tern . 'r,_ " , .'. -:1. '.' \~ (~ ho \'E-' con (i I"IlIod f nllll pr8\':ioI18 f>. I If] i Ilf.~ I~ ri II ~J studjes thdl: (Ill r District I'ou]r1 have l he "a b,H' eapoeity I' l.l ! : E': r v e '1 (Jon sjll~(1 n f ClULl ] Y eq \I j V (I h~ 11 ,- tapA in ancH I: i.on I' () tile p r n p ('! r t y cllrrently in our .Di.stri.ct. \ve hop!''. t'II;'I1: r () II l- lonC) '.l 0. 1"111 " i:I I' (1 t' Dy!;t0111 90i"ll !-; include n jojlll: or umbrelln allproilch 1.0 h'iltel' E; (ll.' \'] c--:e :i 11 , 11I~ F \ ' cl S 0 1- Volley. Pl eaG(~ leI. lIn kilO" YI)U l' tlll)U~lhlfj l-e9a nli ng "ater' ner\'Jce to the Nar)'val e DeveloplIlent. . .. . v_e~~a;z Gal~r N. CO(lp~~r '. ; Dist.ricl' N<'lll dge \- G~IC / .-:' .::; ýÿ 'j ", A.. ~.. , ,., " , , j ,:; , ! LLC , The Historic Cozens Ranch li::( E. Rick Watrous, Manager .~ ,',,;l ~ ..... " ' :l'~": MEMORANDUM .1 ;' j" . (.,. '~ ~ l' .: l' TO: GARY COOPER 'J ' WINTER PARK WEST WATER AND SANITATION DISTRICT \ ' , , FROM: DONALD E. MIELKE, i ~:I WATER DEVELOPMENT MANAGER, MARYVALE, LLC i*.. DATE: JUNE 14, 1995 i[ ~~~, ;. ;;: RE: ACQUISITION OF 1,000 WATER TAPS ,~].: ,L . ,rt+r' I '6";' ':1 ':?:~T DEAR GARY: ~ <. Pursuant to your request to provide a preliminary draft of the issues that need to be addressed in the agreement for the purchase of the water taps, I have prepared the following initial comments: , 1. You have indicated and our water engineer, Ken Wright of Wright Water Engineers, Inc., has indicated that Winter Park West has excess water supply capaci~ in its water system ~ infrastructure. 2. The Winter Park West distribution system infrastructure is presently well-established with approximately 1,000 active water taps available after the district is fully developed. 3. The distribution system has three existing pressure zones which are fully operable and a fourth upper zone which is yet to be ! ~. developed. , ' 1 " 1: 4. Water storage tanks exist in the Winter Park West distribution system which are relatively close to the district's southern boundary, which is coincident with the Maryvale northern boundary, east of Highway U.S 40. A large 500,000 gallon tank is situated at an elevation of 9,025 feet about 400 feet north of the Maryvale property. A suitable site exists on the Maryvale property i t I , , 3609 S. Wadsworth Bil/d., Suite 210 · Lakewood, Colorado 80235. Pholle 303-989-3203 · Fax 303-989-6506 , , ýÿ l'~... '-. . . ,..1, . ;,bl-~ : ~:;~{ , at an elevation of 9,180 feet, which would be a suitable location and elevation so as to serve a fourth Winter Park West pressure ~ zone. 'j 5. Maryvale, LLC., the owner of the approximately 700 acres, ~ 500 of which is contiguous to your district boundaries along your s~uthern border, east of U.S. 40, desires to purchase your excess water taps. ! . ~,' . 'J" -.: 6. The purchase of the water taps to be a phased purchase. I . " i ' :" 7. Maryvale, LLC. would construct and own the water lines and the water supply facilities. ! 8. The purchase price, based upon the agreement to purchase the water taps in bulk and those taps being surplus to the needs of i the district, would be substantially less than the tap fees set for j, residents of the district. l" 9. Maryvale, pursuant to its annexation agreement with the I Town of Fraser, is reimbursed by Fraser a percentage of the water ! tap fees collected, with 90 % paid in the first 15 years, 75 % in I the next 10 years, and 50 % in the final 5 years. The I reimbursement is for the owner, Maryvale, LLC, to recapture its engineering, legal and construction costs of each phase of : construction of the water supply facilities, its costs and expenses I associated with maintaining and operating the water supply , facilities, plus interest. '. ~u,:~ ~ 10. Because of the above reimbursement of construction costs ,i ~(\ ko.~ from the Town of Fr~ser.' Maryval~ cannot annex into the Winter Park 1 ~~ r~.\ West Water and Sanltatlon Dlstrlct. ~i. ,,,. \\~ , :'f "~~'" 11. For the same reasons, Maryvale is not interested in i . ~ purchasing excess water taps from Winter Park West unless the 1 ~, purchase price is on a wholesale basis. .I I 12. Maryvale estimates that the probable construction costs to serve the initial development area, which has been designated as Planning Area 26, zoned for commercial development along u.s. 40, to be $527,540 if connected to Winter Park West and $1,543,880 if connected to the Fraser system, which is shown on the cost breakdowns, based preliminarily on the tentative road alignment and the conceptual level planning presently performed, attached to this i memorandum. I ,I . 13. The initial development area, Planning Area 26, ; tentatively has a 50 unit motel and two restaurant sites in the i conceptual plan, and the number of taps is estimated to 100 EQR. I ; 14. The water taps that are purchased would use 'the numbers i determined by the Winter Park West service plan (eg. hotel, motel, I , and lodging units and commercial to be a fraction of a residential ':;;1 uni t) . -\ ~ .. : :~l '~{ i," ;' 'i:1'\ '/.: tJ.;~' ~, ~" I ýÿ ;~,f' j' :-. . . 1~':..;GI ~ ~. ,\~ i ;',: 15. Maryvale would have the right to re-sell the water taps to individual property owners, depending on the type of property 1 . they purchased, whether residential, condominium, commercial, and , ~, hotel/motel/lodging units. I. J j'; 16. Maryvale would dedicate a free tank site at approximately ~ 9180 feet to Winter Park West for its fourth zone which would also I ~ serve the upper portion of the Maryvale property. The cost of the \ ~ construction and the size of the water storage tank, along with the ill cost of the construction of related water supply facilities, and . .~ the amount of usage by both Winter Park West and Maryvale to be the I':: ~ subject of a separate agreement, to be negotiated by the parties in , ~~~!: 'f!. the future. . ~ 17. It is anticipated that at the connection to the 500,000 , 3 tank or where the main water line enters the Maryvale property that ~ a master meter would be installed to monitor the total flow, which i ; ~ would include any future tank filling as well as the collective li'1, I amount of individual users. ")' ~ ; :.~:....~ 18. Each individual user will have a separate meter to ....l monitor the water usage for billing. Maryvale or its assigns, ~ which will probably be the Master Association, will bill and ~J collect from the individual users, and the remit the amount owed by _~ those individuals to Winter Park West. Maryvale or its assigns ~ will be responsible for and guarantee the payment of those I t individual user water service charges to Winter Park West. 1 '.' i 19. Maryvale will place covenants on the land for liens for water assessments and it or the Master Association formed pursuant , to the Colorado Common Interest Ownership Act will have the power J to assess and lien individual properties for the collection of I :, water service charges. 1 ' 20. Because Winter Park West is not receiving taxes for I property within its district boundaries, Maryvale for itself and i for those to whom it sells the water taps, who then use the water, I agrees to pay a premium for the water it receives at some multiple I \,: of the service charge. I 21. Maryvale is proposing to pay as follows: 'I'. ,r WATER TAP $ 1,000 'j'-, 'J" SERVICE FEE 1.25 X CURRENT SERVICE FEE 1 22. Because the Town of Fraser must approve the legal and physical supply of water pursuant to its subdivision and platting approval process and the annexation agreement may have to be amended, any agreement between the parties is subject to the j ~~, approval of the Town of Fraser for those limited reasons. ! : ~:AJt~.: . ..j11;' ';~i:.. ( . t'1l"-" : ,'liP ":,lif. .Jnf-I' .J ~..,~' I' ,.Ay. ,11 :~i~ l~: :... 'r.:J , ttl: 1 . ~~ 'I :to; " .- . ":""...'ji' ' . . I' t ::" '''\' '!" . ~!,} .j , ~1'? 30. Because parts or all of the property may be sold or developed by other developers and the present intent of Maryvale to form and have the Master Association be the owner of the water lines and collector of the water service charges, the rights under r ~,. I. the agreement are freely assignable by Maryvale. , :~.:, 'I I 'I,' Sincerely, '"' :.:/ "I: " . ~~;.~: . 11: r-;~ ~ Maryvale, LLC by ':~ll ,n, l;.:i,": ,~(~,: ,\'!,': ;:~~;. Donald E. Mielke ' .f t' ~r~e Water Development Manager , '~~'1:" .~~~~: :i';t. . :)~,.J:.. Attachments :'1(: .t~~) :,:~~1:1' '.14. '.~1> . ..j',' I --:;:k :":.. '1'" '! ~. . : 'J~;,: ";',01 i . ~~~~r-: , .I..t~ I "J~ : :lr1: I :::;~~.~ tt~1.: ~;[:~ r ~" , P :".,1 't~ .;(; ". ~~ , 1.,.:i~.I"! I 'I~.~~:i . ',:J~::; ,:~~:!!; : ~. "~,!, ~ ~1!r.~ t, (~:;!. ~: .t. '~~:': .~.'., . , :,~f0'1 ~ i:1i.\ . '"t.;:' r~, ;, 'G'~! . I' ,~! ; l ~~\., AV <t ',I I~''''' -"Sf' -1-, '; :'~ j~~ t..;l' ~;;"I" ~ . ~~':~' '/. .; '. :~~:,. , ~~: ~\' : :{i)~,' ,...1 1'\ol~~' : ;}~1:- ~.~'t .,f;~ ýÿ \\'''IG''T '\"Trn Trl _H ~80 1"0 p, 003 , ;JB, -Ii' 951\\'ED) 1- ., t.:..: JUJ lJ~1 :'..: " J:~~ l\ n I 1.1 tl\ . ;,: . ;'p ~ .. .,~ " ..,~./t.:.. ....\ , Estimate of Probable Construction Costs to serve Inital Development Area Based on Conceptual Level Plan Costs given in 1995 CollalS AL TERNA TIVE - Connection to Winter Park West Waler & Sanitation District < -. jl.~r I,: )~;;:' Description of Item Unit Quanitity Unit Price Total Price 1. Pipelines a. 12-inch Pipeline from WPW Reservoir :.. ~:ii~ to Hwy 40 I.f. 6400 $52.00 $332,800.00 ' :.j~~ b. 10-lnch Pipeline along Hwy 40 1.1. 1000 40.00 40,000.00 .-'~ -::1' c. Fire Hydrant Assemblies ea. 4 2,000.00 8.000.00 tJj,,' , 2. Pressure Reducing Vault ea. 1 25,000.00 25,000.00 . . .. '~" . 'I I:~:~\ L'~':,f Subtotal 405,800.00 \.r II \,1; t I 30 % Contingency 121.740.00 ".,1 :' i~tf.~: : TOTAL $527.540.00 .: .~'i-'~' ' ': ~~r :: ~~f;;' I 'i (',,: ! ~1fj~J' '.~r ~' ~... ~ .. " ~l\' . " " t $i:; :. ~~:~ PI" ,I" ~1 \ !, .t:l ;:' ;hl ,; III " ' :.~ \ . , I : :~ , , ): " ~: , ,i ,I,l '- i :; ~:j It~. :. . . i:: i: , ' I , , :/ 'It" . .~... . Ie ~fl: .~~~~:: , "'-r~' """J.'" f' ;, \,::1" , '-T "'''11'';, , t. : 'R>i: Re\ll'=v~ & Comment ' I:",' , ';j:J J ) II;.!" fir " 'I:"d, ..~i'.:rl~. , .~} , " I , Wright Water Engineers. Inc. Project No. 831-029,220, PKF File 8:MVAIl$ C5/18/'-;<5 ":I"~~"'~' . JF7~-1~' 95 i\\'ED I 13: 52 WR I GHT WATER TEL.: jOj ~ 80 i I) 20 P. l)i)l ,.., 'Jor . ~i~' \.; .:\" - .~' I. ~" ,.. ~', t: ~.; ~ l;t" . '~~ll ~. 1 ;.' Estim~te of Probable Construction Costs to serva Inital Development Area 1 Based on Conceptual level Planning Costs given In 1995 Dollars ALTERNATIVE - Connection to Fraser System 'f "Description of Item Unit Quanitity Unit Price Total Price .,1. Pipelines ... 10-inch Pipeline along Hwy. 40 from . Gateway to Maryvale property Lt. 3000 $45.00 $135,000.00 , .~. 1D-inch Pipeline along Hwy 40 to . <. ,.r development area south of Fire Sta. Lt. 4500 40.00 180,000.00 ' :'I;~i': q. Bored Highway Crossing /.t. 200 175.00 35,000.00 ::: ~.:~ d. 12-lnch Pipeline from Hwy 40 to ~;:=- proposed tank including river crossing I.f. 2300 52.00 119,600.00 : i>9C:~',' 8. Fire Hydrant Assemblies ea. 4 2,000.00 8,000.00 : ;~~f~ 2. Pump StationlPRV lump Sum 1 130,000.00 130,000.00 ,; ::6.( ~. 500,000 gallon Reserv.oir. Lump Sum 1 500,000.00 500,000.00 ; }i1;~. 4. Elk Creek Well, Pumping Equipment, :' :;. i~. 4nd Chlorination Lump Sum 1 80,000.00 80.QOO.00 ::', it.: $.ubtotal $1,167,600.00 '.' f;'; ~Q % Contingency 356,280.00 .~! T~TAL $1,543,880.00 ::.i , 'J.. (I ~ i'.. :~: . . i ~.. , !\ ~i! .', :" :t'., ,,, , . 'fri, . .. .~ I . t' I ' . {' T. .~~:' '}'. r~ ~ .. , .!<' ; ::i,/, , . 1> Reservoir Size of 500,000 gallon is subject to revision and is based upon: Fire Flow demand of 2000 gpm for 2 hours = 240,000 gallons I Peak Day Demand = 260,000 gallons (1 ao 9pm/1600 gpm = 11 o,{, Aug Plan Devel) . Total Storage 500,000 gallons ' : The fire now is dependent on the construction of the buildings including type of construction, ~ . ~.I :size, exposure and whether spr1nkJers are provided. i-' ~~~iii . 'I:).~ . . , I. :'" h':' ':;~' I.'~-- rl"\'~ . .~\. :":. V DRAFT : .~~; Review & Comment. , 'I) , ."' .:~ .' :1..1 ~ :.' ~~ : :~n;J~' ! .~:~:~, Wright Water Engineers, Inc. Project No. 831-029.220, FKF File 8:MVAltS c5/ICJ/.,e;, ýÿ ---- --- .- -. . . \ . ARTICLE IV ARTICLE IV. WATER 4.01. Owner intends to use its own physical supply of water as it may be supplemented by other water sources to supply I the needs of the Property. Fraser shall not be obligated to supply water or water rights for development of the Property. O\omer will file or has filed Part A of its water Augmentation Plan, which will be in two phases, to provide a legal supply of water. Part A includes the municipal, domestic and . related irrigation use. The Cozens Ditch, \'1i th augmentation storage in the Maryvale Reservoir and other smaller reservoirs or ponds all the Property, will provide the legal supply of wilter for Part A. Part B of the Augmentation Plan \'1i 11 provide \-la te r for the golf course irrigation. Several options are now being considered for the golf course water Augmentation Plan. Prior to development of the golf course, Owner \'1 i 11 provide Fraser with reasonable assurances that a legal and physical supply of water is available with the express understanding that the golf course ., can utilize a less certain water supply than the municipal and domestic uses. Owner agrees to file applications f or approval of the Part A and Part B Augmentation Plans in water court and diligently pursue them to final decree. Owner agrees not to I -13- ---- -~ - . . .~ convey any of the Water Rights committed to the Augmentation Plan except in a transfer or conveyance of such water rights to a purchaser of all or substantially all of the Pr:operty without the prior approval of Fraser, \.,.hich approval will not be unreasonably withheld. 4.02. Owner has supplied Fraser as a part of its application for PI> zoning for the Property the \'la te r Plan. The proposed physical supply of water is groundwater. The \'later Plan states that preliminary geological exploration work performed on the Property indicates that wells in the Troublesome aquifer may yield water at the rate of 100 gallons per minute each. Owner will drill additional wells to test the hydraulic characteristics of the aquifer Pl- ior to development of the water system. Fraser agrees to' allow O\'lner to drill wells on its property if needed for testing or production at Owner's cost and expense and at locations approved by Fraser. 4.03. The \'later Plan olltlines a' conceptual and schematic water system and facilities. Prior to submitting any FPDP applications or subdivision applications for any Planning Area or any portion thereof, Owner shall submit preliminary design drawings and documents for the water system for the Property. Such preliminary design drawings and documents shall be of sufficient detail to allow verification by Fraser of the adequacy -14- ýÿ , . . of the system to nerve the development as outlined in the Development Plan and to allow verification of conformance with the intent of the Water Plan. 4.04. Concurrent with the sul~mi t tal of either an FPDP or subdivision application for any individual Planning Area or nni portiofl thereof, Owner shall submit substantially complete deoign dra\dngs and documents for the water system required to serve the indivi.dual Planning Area or subdivision area, a development schedule, probable water flO\'I requirements, cost estimates for: the system and connection to the existing Fraser system, and hydraulic and functional analyses of the combined systems which wi.ll show the effect of the added area to Fraser's existin':l facilities. Such design drawings and documents sha 11 be of sufficient detail to allow verification by Fraser of the adequacy of the system to serve the proposed development, conformance wi t~1 the approved preliminary system plan, conformance \...i th the i n t (~ n t of the Water Plan and allO\'I Fraser to analyze the impact 011 the existing Fraser system. Such drawings and documents do not have to be in construction ready detail. 4.05. Prior to approval of either a FPDP or subdivision plat for any Planning Area or any portion thereof, O\'Iller shall submit proof of an approved water supply for the individual Planning Area or subdivision area. 'I'll e proof of water supplj -15- , . . shall include verification by a professional engineer with hydrogeologic expertise of the capability of a proposed well supply system and approved \'Iell permits for said system. Owner shall also provide a court approved water Augmentation Plan applicable to the Planning Area or subdivision area reasonably acceptable to Fraser \'1 i t h no preconditions to its effectiveness or wit.h assurances as may be reasonably required by Fraser for the satisfaction of all preconditions. 4.06. The Public Improvements 1\greement to be executed upon approval of the FPDP or subdivision shall provide that Owner s1l31l be responsible for construction of all water supply facilities and augmentation faci li ties both on--8i te and off-site necessary to serve the area Clnd to connect with the existing Fraser water system. Upon completion of construction and. acceptance by Fraser pur.suant to the Subdivision Regulations, Owner shall convey free and clear of liens and encumbrances by bill of sale with warranty of title the physical facilities in the subdivision or FPDP area and free and clear of liens and encumbrances by special warranty deed sufficient water rights and consumptive use credits under,the Augmentation Plan to provide a water supply to the subdivision or the FPDP area. In additioIl, OHner shall convey to Fraser an undivided interest in the specific phase of water supply facilities servicing the -16- ýÿ --------- - - ------ . . . subdivision or FPDP area based on the follO\-ling formula: the numerator equals the total number of equivalent residential units (EQRls) required to service the area and th~ denominator is equal. to the total number of EQRls that the specific ph a s e of water. supply facilities are capable of providing. l\t the time Fraser has or will have upon the ensuing conveyance an interest equal to or greater than 70% in any specific phase of \-1 a ter suppl:/ facilities serving subdivision areas, then OHner shall convey that entire specific phase of water supply facilities for those areas to Fraser. Ownership of the augmentation facilities shall be conveyed in the same manner as the water s upply facilities. Until the entirety of any specific ph as e of water supply facilities or water augmentation facilities has been conveyed to Fraser, the responsibility for maintaining and operating the Augmentation Plan and the physical facilities for that phase of Hater supply shall he performed by an entity, which may be Fraser, the Owner or a third entity, mutually agreed upon b~' Fraser and Owner pursuant to terms and conditions m1Jtuall~' acceptable to F'raser and Owner. '1'11 e contract between Fraser ann Owner for maintaining and operating the Augmentation Plan and associated physical facilities for water supply shall b2 negotiated nnd executed during th~ submittal and approval process for the first subdivi.sion or FPDP of the Property and for any -17- ýÿ . .. . . . additional phases of water supply facilities at the time of the subdivision of the first property to be serviced by those facilities. Fraser will collect its usual service fees fro:n water users on the Property. Service fees collected from the Property shall be used to pay the cost of the operation contract, the cost of facility replacement, and the cost of facility repair. Fraser and the Owner will pay their proportionate share of deficits based upon its o\-mership interest of the facilities. Owner is responsible for all operating and maintenance expenses incurred prior to the first transfer to Fraser. 4.07. Owner shall continue to retain ownership of waLe.'.:' I' i gh t s and consumptive use credits under the AU~mentation Plan necessary to serve undeveloped portions of the Property until such time as development occurs. 4.08. In vi e\i of the fact that OHner is providing its O\-Jil water rights and shall be paying all co sts associated "Ii th providing a water supply to the Property, Fraser agrees to pay Owner a percentage of its water tap fees from the Property. Fraser shall pay Owner 90% of all tap fees collected from the service area for any specific phase of \'later supply facilities far the first fifteen (15 ) years .after owner has made its first conveyance to Fraser under Section 4.06 of an undivided interest -18- ýÿ - . . . . in that ~lase of water supply facilities, 75% of all tap fees for the next ten (10 ) year period and 50% of all tap feen for the next five ( 5 ) year period until such time as Owner has recaptured its engineering, legal and constrnction costs of each ph use of construction of the water supply facilities; its costs anti expenses associated with maintaining and operating the water supply facilities and the augmentation facilities to the extent not reimbursed through the sharing of service fe es provided for 'in Section 4.06 above; plus interest from the date of payment on such costs and expenses at the prime rate of i nteres t as quoted by the United Bank of Denver, N.A. adjusted as of December 31 and .June 30 each year. There shall be no reimbursement d ue for tap fees from a service area of any specific phase of water supply facilities on the Property after thirty (30) years from the date of the first conveyance to Fraser under Secti.on 4.06 of an undivided interest in that specifi.c phase of water supply fucilities. Owner shall file a certifi~ate of costs and expenses with dates of payment for construction, maintenance and operation of any phase of the water supply facilities when an undivided " interest in that specific ph a s e is first transferred to Fraser I under Section 4.06 above and the certificate shall be supplemented at the time of conveyance of the entirety of that specific phase. For reimbursement purposes, the percentage of -19- . . . . tap fees paid to Owner shall be credited first to interest and then to costs and expenses. Reimbursement shall be paid to Owner within thirty (30) days of receipt of fees by Fraser. The reimbursement provided for in this Section is not applicable to engineering or construction costs for distribution pipes or lines within a sUbdivision, but is intended for cost reimbursement for engineering and construction of the Property water supply facilities which includes supply wells and connecting lines, treatment facilities, transmission Ii nes to storage, storage facilities, and transmission lines and related PRV/booster stations connecting to other water systems. Fraser will charge and collect its usual water tap fees or $2,000 per tap for the Property, whichever is greater, until Owner has received full reimbursement as provided for in this Section or until Own e r is no longer entitled to further reimbursement clue to the lapse of time. 4.09. Owner may construct the w~ter system and facilities or portions thereof prior to submittal of any FPDP or SUbdivision application provided Owner submits the necessary drawings, .. documents and data listed in sections 4.03 through 4.06 above, receives approval by Fraser for the proposed system or facilities to. be constructed, enters into an improvements agreement with Fraser relating to such construction and grants the required easements and rights-of-way for the system and facilities. -20- H -~ ..~ kO 0 . . Accep ta nee by Fra se r of the system and fac i 1 i tie n fJhtlll be accomplished at the time 0 f subd iv is ion or FPDP tlpproval purnllant to the Subdivision Reguln t iOllS . 4.10. ONner may elect to prov hl e for r:\ Wil te r supply for I i m i t ed portions of the Property by eil:her ( i ) securing a commitment to serve from Fraser upon payment of Fraser's tap fees, if Fraser is able and willing to commit to serve (\'l i thou t re imbursement to Own e r u nd e r Sec t ion 4.08 above) , or ( ii ) in the event Fra ser is u nab Ie or unwilling to commit to serve by secu ring a commitment to provide up to 300 wa ter ( equivalent residential un its) taps from Gr a nd County Water and Sanitation District No. 1 for use in Planning Areas 14, 15, or 16. If Owne r elects either of the foregoing alternatives, Owner shall still be required to comply wi th the Subdivision Regulations relating to a servicE' letter, ea sements, and ri.ghts-of-way. If Owner elects alternative ( i) above, then O\'lne r agrees that after development of Phage I of its water supply faci lit i~9 as provided for ill its Wo te r Plan, it will reserve for Fraser sufficient wa te r and capac i ty to permit Fraser to purchase from O\'lner fi f ty percent (50%) of the equivalent of the wa ter taps (equi.valent residential un its) actually purchased by O,'mer from Fraser under the confmitment and after development of Phase II of its water supply faci li,t les as prov ided for in its \'later Plan , Owner will reserve for Fr as e r a like amount. The purchase price per tap sh a 11 be -21- ---- " . . . the same price that Owner paid to acquire the tap, until such time as Owner has received under Section 4.08 full reimbursement of expenses incurred in developing, operating and maintaining the water supply facilities for Ph a s e I and Phase II at which time the purchase price shall be $1. 00 per tap. All amounts paid to Owner to purchase taps shall reduce the reimbursement due O\'mer under Section 4.08 for Phase I and Phase II. 4.11. Owner represents and \'larrants that at the time of ex€' :ution of this Agreement, it o\'lns free and clear of ali encumbrances the Hater Rights. Wi tIli n ni.nety ( 90) cbys of execution hereof, Owner shall provide Fraser with an attorney's title opinion reasonably acceptable to Fraser opining that Regis- Haryvale, Inc. is the title owner to the W ater Rights free and clear of all liens and encumbrances. This Agreement, the annexation of the Property and the zoning of the Property shall be null and void if Owner is unable to comply with this condition, provided that Fraser shall within one hundred twenty (120 ) days of execution hereof file with the Clerk and Recorder of Grand County a written notice that such has occurred. 4.12. Any lienholder of any of the Water Rights shall take its interest subject to the terms, conditions and obligations of this Article. Owner agrees not to encumber the Water Rights without the consent of Fraser except to a lienholder -22- --. .. ,.... 'n . .. ' > . that agrees to be bound by the terms and conditions of this Article. 4.13. It is the desire of Fraser and the Owner that the golf course be developed. To enhance the probability for tha t to occur, taking into consideration the current uncertain source of water for the golf course, Fraser has requested that Regis restrict its overall development until Phase II of the Augmentation Plan is completed and a final decree is issued providing the legal supply of water and identifying the physical. supply of water for the. golf course or until Owner can provide other assurances that a water supply is availilble. Ol'mer agrees that overall development on the Property shall not exceed 56% of the equivalent residential units (EQR) approved in the final decree of Phase I of the Augmentation Plan until (i) a final decree is issued for Phase II of the Augmentation Plan or (i i) other assurances acceptable to Fraser are provided for the golf course water supply. The calculation of the equivalent residential units shall be made based upon tabulation as approved in the Augmentation Plan. Owner has initially filed its Augmentation Plan using the following table: EQR/unit - Residential Units 0.8 per unit Hotel/Lodge Units 0.35 per unit Commercial square footage Office 0.6 per 1,000 sq. ft. Retail 0.3 per 1,000 sq. ft. NOTE: With each EQR the irrigation of 250 square feet of land is included. -23- -- . J" ' . I '. ~, \. e e : , " LEASE AGREEMENT ~~V ~ THIS LEAS , ~GREEMENT is made and entered into as of this 6_ day of t- A ,1989, by and between the TOWN OF FRASER, COLOR 0, a Colorado municipal corporation acting by and through its Board of Trustees, whose address is Post Office Box 20. Fraser, Colorado 80442 (herein "Fraser"), and REG! S-~mRYVALE, INC. , a Colorado corporation, whose address is 5232 North Lowell Boulevard, Denver, Colorado 80221-1098 (herein "Regis") . 1. RECITALS A. Regis owns certain lands located in portions of Sections 20, 21, 28 and 29, Township 1 South, Range 75 West of th e 6 th P. M. ; Grand County, Colorado (the "Lands" ) , which are subject to an Annexation Agreement between Fraser and Regis dated October 15, 1986. B. Under the Annexation l\greement. Regis may 'develop the Lands for commercial, residential and recreational purposes, inclUding construction of a golf course, in accordance with guidelines set out in the Annexation Agreement. C. Under the Annexation Agreement, Regis is required to provide a physically and legally adequate water supply for the development of the Lands, including the golf course. D. Fraser has entered or will enter into a Wnter Allotment Contract with the Middle Park Water Conservancy District (herein "r1iddle Park Contract" and "Middle Park" respectively) , a copy of, which is ~ttached hereto as Exhibit "A". under which Middle Park will convey to Fraser the perpetual right to the use of eighty (80) acre feet of water to be delivered out of Granby Reservoir in Gnmd County, Colorado, to the' Colorado Ri~er pursuant to An Agreement between Middle Park and the ~unicipal Subdistrict. Northern Colorado Water Conservancy District, dated April 30~ 1980, and Supplement thereto dated in 1985, sixty-five (65) acre-feet of which are available for use by Regis. as provided herein (hereinafter referred to as the "Middle Park 65 acre-feet"). E. In order to assist Regis in obtaining a physically and legally adequate water supply for the development of the golf course on the Lands, Fraser is willing to lease to Regis the Middle Park 65 acre-feet under and pursuant to this Lease Agreement. , , ':~(~ I , "I' ~ ' , , 'I' .' ~. , :): '/~~-ti -,",", ,r-;rr ' i; i',: ' :>~'} I; !: ,'I.f' I, l:~ ;.: ,.. I I , , , " .,' . , , , '-.. e e . :. " II. AGREEMENT 1. Fraser hereby leases to Regis all of the Middle Park 65 acre-feet subject and pursuant to the terms and conditions of this Lease. Agreement. The remaining fifteen (15) acre-feet under the Middle Park Contract shall not be affected by this Lease Agreement. 2. This Agreement is subject to, and Regis agrees to comply with, all terms, provisions, conditions and obligations of Fraser (except as provided herein) of said Middle Park Contract, including all amendments, modifications or changes of said Middle Park Contract made after the date of this Lease, and to any related conveyance documents, as all of the above relate to the Middle Park 65 acre-feet. 3. Regis shall pay directly to Fraser the initial payment and all subsequent periodic payments due to Middle Park from Fraser for the Middle Park 65 acre-feet under Paragraph (3) of the Middle Park Contract. The annual payments shall be made to Fraser by July 1st of each year or two (2) months prior to the date Fraser is required to pay Middle Park, whichever is earlier, as the case may be. Fraser shall bill Regis for said payment thirty (30) days prior to its due date. If not paid by Regis after billing, Fraser shall be under no obligation to make the payment to Middle Park on behalf of Regis. Fraser shall have the right to cancel this Lease upon (i) failnre of Regis to make payment after billing and (ii) failure of Regis to cure the default after notice under Paragraph 9 below. 4. Regis shall be entitled to use the Middle Park. 65 acre-feet for all purposes permitted under the Middle Park Contract, but only upon or for the benefit of the Lands, and only if such use directly assists Regis in supplying phys ical and legal water for the development of a golf course on the Lands. 5. Fraser shall cooperate with Regis in seeking to transport the Middle Park 65 acre-feet to the Lands by exchange up the Fraser River from the confluence of the Fraser River with the Colorado River, inclUding incorporation of the Middle Park 65 acre-feet into any pending or future application of Fraser in the Colorado Water Court to exchange water from the Colorado River to the Fraser area. Fraser's cooperation and inclusion of said Middle Park 65 acre-feet is conditioned on Regis paying a reasonable share of reasonable and related costs and providing information to Fraser as requested from time to time. Parties agree that it shall be Fraser's sole responsibility to initiate, carry forward and conclude any such applications and exchange. -2- . , '. I:. , I. ;) ~:: "f l'.~ ~ ;': { '1: , f" . ) , , , I . 1 . , : -~_. " . - e . e - 6. Fraser makes no warranty regarding its right, title or interest in or to the Middle Park 65 acre-feet or the quality or availability of water thereunder. 7. This Lease Agreement shall continue in effect unless or until terminated pursuant to the terms hereof. . This Lease Agreement shall terminate, if not earlier terminated, when Fraser becomes one hundred percent responsible for providing water service to all of the Lands and Regis has conveyed one hundred percent of its water rights, including Regis . within leasehold interest in the Middle Park 65 acre- feet, serving the Lands to Fraser pursuant to, and as provided in, Article IV of the Annexation Agreement. 8. Regis shall have no right to sell, lease, transfer, encumber or otherwise convey its leasehold right in the Middle Park 65 acre-feet; provided, however, that in the .event of the sale, transfer or encumbrance of all or .any portions of the Lands that are to be used for golf course purposes, Regis may similarly sell, transfer or encumber all or a portion of Regis' leasehold rights in the Middle Park 65 acre-feet to the party o r parties obtaining an interest in the golf course Lands, only after Fraser has given its prior written approval, which approval shall not be unreasonably withheld. No such sale, transfer or encumbrance shall be valid unless the Assignee assumes all obligations contained herein and Fraser' receives a copy of the executed documents of sale, transfer or encumbrance within five ( 5 ) days after execution. 9. If either party breaches a~y term or condition of this Lease Agreement, the other party may give the breaching party written notice of the breach. The breaching party shall have thirty (30) days after said written notice is mailed by United States mail, postage prepaid, by certified mail, return receipt requested, or by personal delivery, in which to cure any alleged breach. If the breaching party fails to cure the alleged breach within said thirty-day period, the non-breaching party may immediately terminate this Lease Agreement by delivering written notice of termination to ~he breaching party. All notices shall be delivered to the. addresses of the parties first written above, which may be changed by written notice. 10. This Lease Agreement shall be valid between the parties only if approved by the Middle Park Water Conservancy District and if the Middle Park Contract, attached hereto as Exhibit "A", is approved and executed by Middle Park Water Conservancy District. -3- I. I ~ ,. ': . L !. I '. .. ýÿ '. . , :... e e - I!. The parties agree that this Lease Agreement shall not be appurtenant to the Lands of Regis, may not be encumbered or transferred by any deeds of trust, mortgages, security agreements or other . collateral documents, except as provided in this Agreement. No third party shall acquire an interest in this Lease Agreement or to the Middle Park 65 acre-feet except as provided in Paragraph 8. of this Agreement. If Regis, or its successors or assigns, should file a Petition in Bankruptcy, either voluntarily or involuntarily, or should be placed in bankruptcy by any creditor, this Lease Agreement shall automatically terminate and be null and void, as of the day immediately preceding the filing of such Petition in Bankruptcy. 12. Time is of the essence hereof with respect to all terms, provisions, conditions and obligations as contained in this Lease Agreement. TOWN OF FRASER REGIS-MARYVALE, INC. B~~ By:(!pM, B;Jr,~;~Y\A; . . ~n.s.en, Mayor Ralph...D'. Houlihan, S. J. v President ATTEST: ATTEST: viJr:d&t~~~n Clerk ~Jf @~Jp ~~ /' , 1 Secretary , , I [S E A L] [CORPORATE SEAL] ; i , . . . . . l< ".... J . :' ~~. /. , . ~ r'., . i i :'. v,:',' i: .,T,.:, 'It : ;lI1~~it'i: , 1. . I . i ~ )~i'dl' ., . ! "; r~I'J' :' I L/jjs/fraser.lse (dac 7/10/89) . I.: ~ : : i . . ~ I ! , -4- ~ I I I ! . . ýÿ \\iP (J1'Y)' lJl~' . r' 'e J' .;:: .1 T .' /~!~ II/)Sl~ ./\G\ct. \}.I\iD, . OJ "UI- .' TOWN OF FR~SER . . RESOLUTION NO. 1989 - ~-I A RESOLUTION TO APPROVE WATER ALLOTMENT CONTRACT WITH MIDDLE PARK WATER CONSERVANCY DISTRICT TO ACQUIRE AN ADDITIONAL EIGHTY (80) ACRE FEET OF WATER. WHEREAS, the Town of Fraser did enter into a Water Allotment Contract with the Middle Park Water Conservancy District for acquiring twenty-five (25) acre feet of water in the Windy Gap Agreement and Supplement as described in said Water Allotment Contract: and ! WHEREAS, the Town of Fraser has requested that it be allot- ted an additional eighty (80) acre feet: and WHEREA-8, the Middle Park Water. Conservancy District is in agreement to providing said eighty (80) acre feet of water in the terms and conditions as set forth in the Water Allotment Contract attached to this Resolution. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: . 1. That the attached Water Allotment Contract, described as Exhibit A, is hereby approved. 2. The Mayor and Town Clerk are hereby authorized and directed to execute said Water Allotment Contract. 3. The Lease Agreement with Regis/Maryvale, Inc. with regard to sixty-five (65) acre feet out of the eighty (80) acre feet Fl!,; np.!';('!rihpn in ~hp Rvhih;~ n rnn~r~n~ 'dh~~h T____ ~_______L : - ýÿ ---- -- ------ e e ~ ------ ~ ~/ < 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 CON FIUENTIAL 1\1 ~~1\10RAN I>lJI\1 To: Mayor .lensen ~ Board Memhers From: Chuck Reid (\ _J..-. Date: .luly 18, 1995 Suhject: The Mustang On Friday, August 4th, I will make a prl:scntation to the Petroleum Storage Tank Committee regarding a statutory interpretation (see allached leller). If Fraser's argument is successful, I would like to make an oner on the Mustang the week of Atigust 7th. Pursuant to discussions with the property manager, a $5,000 offer would be accepted. Back taxes on the property are currently $15,657.73, and the property owes $1,348.57 for sewer servicc, and 1,497.74 for water service. This totals $33,504.04. By the timc we complete negotiations and paperwork, this amount may he slightly higher due to tax assessments. I request authorization to spend up to $35,000 to purchase the Mustang based upon the figures and intormation provided above. "''':1 ~',~~,;~ ~. .1. , .....r.~ . l'~;f'.' " ,:;"1' \ e e 1i~~;; . ....... !' ~ ';~ . . :.'ii:' . ':~~: i'+ '. j .I?",l ". (ll1f' ~ ..~..;, .. ~ ;~~ ',' ". :~ .'.\1 ~: ~~. TOWN OF FRASER "Icebox of the Nation" P,O. Box 120/153 Fraser Avenue I Fraser, Colorado 80442 (970) 726-5491 , . FAX line: (970) 726-5518 ," '. ./ , ,. " ;'1''- It~.!j i.~j! July 10, 1995 . -!l::~ 'If:: ., ~;~;' Chainnan C. Paul Brown {7! Petroleum Storage Tank Committee ';' c/o Oil Inspection Section Department of Labor & Employment ! 1515 Arapahoe Street, Tower 3, Suite 525 ,', Denver, CO 80202-2117 \. : I . Dear Chainnan Brown: I On behalf of Fraser's citizens and businesses, thank you for considering the issues surrounding I the potential transfer of ownership of the Frase,. Mustang property, which sits at a key entry [ point to our downtown business district. This letter brieny describes the situation we are facing I. . and explains how the Petroleum Storage Tank Committee can assist Fraser meet our goals. l The Mustang was an operable gas station until a comedy of errors resulted in its closure in April ! of 1993. Without going into details, this included the Mustang operating under a bankruptcy I I plan which went into default, and the original lending institution failing and going into FDIC I I receivership. On December 28, 1993, the original deed of trust on the Mustang (1986) was sold ! as part of an account package to Coolidge Denver Equities, LLC who contracted with National , J Collection Services, Inc. of Longview, Washington as the account package's collection agency. '1' .' " i In late 1993, the Town of Fraser discovered ground contamination while building a municipal , 1 facility and park across the street from the Mustang. A study done by Environmental Science & ~ , Engineering, Inc. at the request of Fraser and the Colorado Department of Health, identified underground storage tanks at the Mustang as the probable contamination source. Since this study, no remediation has been initiated and Fraser is interested in purchasing this property to , insure rapid clean-up. Fraser is dependent upon aquifer water, making ground water I' '., contamination a very critical issue. ., r I," ' [ .\: ~ : ~; ~~. " We believe that the date of purchase and the method of acquisition make Coolidge Denver Equities and National Collection Services innocent parties as defined by Colorado Revised Statute 8-20.5-206 (3) (b) and/or (d), and as such, eligible for clean-up reimbursement from the ". Petroleum Storage Tank Fund. ,: " . ~ . u "ii: !\;: ::,!~.:~..t /~ · ,. ... e e ... . I~.",~ .K... , ;.'. ~;(: ......',...":.;;/~:' 'II;~' . , 1 . . '" 1. . ,. . ':I}~ : .:; <iff,.. . . \i~l. . ~ . . ,'j " ':'i~ .!(....'i',.... ,:,~\:!,,\::::, "::~~! Page Two . ,.:\.~:.}.:.. ':ji~j Petroleum Storage Tank Committee .;, .,', . , . ~~:: Fraser Mustang . :l11 i~H: 'i'[:" 'r:\ In 1995, House Bill 1 J 83 was adopted and signed by Governor Romer. This Bill amends the I statute governing underground storage tanks and appears to allow owners to sell properties with I leaking underground storage tunks alollg witlt a certificate of eligibility to tlte Petrolelllll Storage Tank Ftmd to a new buyer. Because of this amendment and the importance of the : ~;,.: Mustang to our downtown area, Fraser wants to purchase the Mustang. I ~;., . ro'.' I. :ti. Here's where the Petroleum Storage Tank Committee can assist Fraser: before we enter into a , purchase agreement for the Mustang, we would like assurance from the Conimittee that our .I interpretation of the statute is correct, and that the transfer of eligibility to the Petroleum Storage I ] . Tank Fund would apply in this case. This issue is raised as Coolidge Denver Equities acquired ~ title afler January I, 1993, of a deed or trust dated prior to January I, 1993. Although the Statute . does not specifically address whether the certificate of eligibility may be transferred in this case; : :: Fraser believes that the transfer meets the spirit and intent 01'95-1183. We hope you concur. r '~"'" '.,J,jt' . :, :n:.: "._ We are looking forward to hearing from the Board on this issue -- and to the clean-up of the ., ~ '.~iiJ; .f:::. Fraser Mustang. .. . .: . r:Aht:L: 1\1:' , . '5.: .'I~I' " ,D. : ~..., . f ~I J!. /: \ li.i.l~ . ! ,1 . .~I,'.. . . ':'..!.!' . l:l'. Smcerely . . ;1.- . ~.;~ ,iit\.,~.: .,..:iti(::~' . . ...' .'J:' '.: 1h.. .. ",'/ IJ,,^J~ . '. . ". "". ::!;. 'il:.,". ':l:" .uJ~ .:" .,.':!'.,~.'. ' ~ '111,\:1.:\... .,1;:.. . , .. I', '. .- . "~":I"I"'" ,.' CB J . , ..' I''; : ':me~~~.. .. ,:;~. . . ens en; 1,\'., , " ,~ .~.~~J; ,;.' . . ~,! . M . '!, .: ... ,,,l't.; '.:.:;,. ayor '.' I. . ii. i"'.~'; . ::r . . .. .... n~~~Y':: c: Stale Senalor Dave Wattenberg' . .::.':,. ).'1,'1" t \ , '~frh: State Representative Jack Taylor , .'.' ; ';' f::-: . Bill Coonan, National Collection Service : :::.' , 1~1~': '. Carol Gill, Oil Inspection Section "t-:. : ; '. ~,,~~,~. . . . :. I 1 !:t7,1t';.. ,: ., 'I' I .{'il \.' " '. ,'. . 1)".'..... . . ; >1.::' P.S. As a side note, I would like to publicly thank Carol Gill for all of her efforts in helping : :trk ~ Fraser seek resolution to this problem. ~.. , . " . :'f~.( { {-, . " " r' ,.... ~.!fi.... . :I\~~'; :ili" <";,:::',.' 'r" . l., .' .", :'. '; I : .;,: :~r ":.:,: :. ii}" . . ., ,:.', ::: "': .;.~: . '~ '~'k ., .. ' , ,.' ..... (~;i:'::1 "..)~,C .. fr . . , ., T~~,1:'i,';~: . · .)"~:'? 1" . ....,. . "'1 . , . :~,: IJ-!;~~i:' .~ :! t'.r~;~, . :~ll!I" ,,: . ~1'1 . ( ';~~~1 ~ i . ~ . ,: ýÿ - ----------- . . e e TO~ln of Fr as~r SUtlMRY INCOME AND EXrENDITURES FOR THE PERIOD ENDING JUNE 30, 1995 PERIOD TO DATE t-------------------------- YEAR TO DATE --------------------------t AC T1JAL ACTl'AL CIJRR BUDGET BUDGET VAR CALCULATE 1 REVENUE GENERAL PROPERTY TAX 3,8:~,.89 35,937.06 5~, ,993 .00 (20,055.94) 64.18 SPECIFIC OWNERSHIP TAX 287.08 2,164.09 2,500.00 (335.91) 86.56 GENERAL SALES TAX 54,539.% 338,669.59 614,444 .00 (275,774.41 ) 55.12 VENDORS TAX 20,968.00 ( 20 ,968 .00 ) FRAllCIlI SE TAX 512 .93 4,889.42 8,000.00 ( 3 ,110 . 58 ) 61.12 LIOUOR LICENSE FEES 50.00 250.00 (200.00) 20.00 SALES TAX LICENSE FEES 180.00 (180.00 ) BUSINESS LICENSE FEES 130.00 5,761.00 8,600.00 (2,839.00) 66.99 STATE CIG. TAX 499.63 1,808,65 5,000.00 (3,191.35) 36.17 COURT FINES 610.00 2,834.00 3,000.00 (166.00) 94.47 MISC INCO~1E 8,223.84 12,500.00 (4,276.16) 65.79 GEN. FUND INTEREST 592 .60 5,967.89 8,000.00 (2,032.11) 74.60 USE TAX 232.00 4,371.82 28,000.00 (23,628,18) 15.61 HIGHWAY USE TAX 1,495.63 8,471 .82 16,586.00 (8,106,18 ) 51.13 MOTOR VEHICLE FEES 27 4 .00 1,130.50 2,000.00 (869.50) 56.53 SUBDIVISION FEES 400.00 2 ,160 .00 500.00 1,660.00 432.00 ZDrlING FEES ANNEXATION FEES FEES IN LIEU or PARKS SCHOOL FEES DEVELOPER TRUST MIse GRANTS 7,000.00 (7,000.00 ) TRAIL GRANT 128,000.00 (128,000.00 ) COUNTY GRANT IMPACT GRANT AMTRAK IMPROVEMENTS AMTRAK OPERATIONS TREE GRANT 472 .00 2,500.00 ( 2 ,028.00 ) 18.88 VISITOR CENTER REVENUE 222.00 780.00 1,800.00 (1,020.00 ) 43.33 TRANSPORTATION CONTRIB. 742.68 24,200.92 26,403.00 (2,202.08) 91. 66 FUND BALANCE FROM RESERVE INTEREST INCOME CAP. IMP. LOTTERY PROCEEDS 745.13 1,147 .00 1,700.00 ( 553 .00 ) 67.47 INTEREST INCONE-LOTTERY 20,17 114.59 200.00 (85.41 ) 57,30 CAP. EQUIPMENT PURCIIASE rUND SALES TAX TRANSFER 30,000.00 (30,000.00 ) INTEREST CE FUND 46.68 199.41 1,880.00 (1,680.59 ) 10.61 SALE OF ASSETS 5,000.00 ( 5,000.00 ) BEGIN/ENDING FUND BAL. TRANSFER FROM GEN TO WATER 162,000.00 (162,000.00) WATER CHARGES 4,213.62 57,049.2.) 123,840.00 (66,790.77) 46.07 PLANT INVESTMENT FEE 8,000.00 8,000.00 100.00 WATER FUND INTEREST (5.50 ) (20.57) 7,000.00 (7,020.57) ( .29) EXCAVATING PERMITS 40.00 (40.00 ) WATER PROPERTY TAX 673.89 7.940.30 11,669.00 (3.728.70 ) 68.05 MIse EARNINGS WATER FUND 650.00 ( 650 .00 ) WATER METER FEES 1,098.00 (1,098.00) TOTAL REVENUE 70,148.39 522,330.56 1,305,301.00 (782,970.44) 40.02 ~ , ., e e Town of Fraser ~UIHIARY INCOME AND EXPENDITURES rOR THE PERIOD ENDING JUNE 30, 1995 PERIOD TO DATE t-------------------------- YEAR TO OATE --------------------------t ACTUAL ACTUAL CURR BUDGET BUDGET VAR CALCULATE I EXPENSES GENERAL FUND GOVERNMENT SALARIES 7 ,~15.~~ 43,W.22 77,700.00 34,557.78 55.52 EMPLOYMENT CONTRIBUTIONS 922.05 5,227.60 9,452.00 4,224.40 55.31 TOTAL GEN.ADM. SALARIES 8.337 .~9 48,369.82 87,152.00 38,782.18 55.50 GEN. GOVT. ADli. 7,47U2 44,921.31 49,104.00 4,182.69 91.48 PLANNING 2,313.00 10,858.00 30,000.00 19,142.00 36.19 MUN[CIPAL COURT 1,920.00 I ,920.00 MAINT. or BUILDING 8%.34 5,880.d8 14,000.00 8,119.52 42.00 GENERAL GOVERNMENT OTHER PICNIC 500.00 500.00 FRASER HISTORY 100.00 100.00 NIGHT SHUTTLE 783.20 49,68&.76 49,200.00 (486.76) 100.99 DEPOT 89.26 469.64 1,200.00 730 .36 39.14 CLEANUP DAYS 800.00 800.00 VISITOR CENTER OPERATIONS 2,162.44 15,279.11 35,934.00 20,654.89 42,52 TOTAL GEN. GOVT. OTHER 3,034.90 65,435.51 87,734.00 22,298.49 74.58 PUBLIC SAFETY POLICE CONTRACT 6,333.38 31,666.70 76,000.00 44,333.30 41. 67 POLICE STUDY TOTAL PUBLIC SAFETY 6,333.38 31,666.70 76,000.00 44,333.30 41.67 PUBLIC WORKS/PARKS SALARIES 6,300.50 33,362.62 71,000.00 37,637.38 46.99 EMPLOYER CONTRIBUTIONS 714 .05 4,375.31 12,907.00 8,531.69 33.90 MAIHT. OF STREETS 1,100.82 21,708.17 59,300.00 37,591.83 36.61 PARK MAINTENANCE 1,189.59 1,189.59 3,700.00 2,510.41 32 .15 SALARY 973.00 973.00 6,300.00 5,327.00 15.44 EMPLOYEER CONTRI8. TOTAL PUBLIC WORKS AND PARKS 10,277.96 61,608.69 153,207.00 91,598.31 40.21 GEN. FUND CAPITAL IMPROVEMENTS FRASER RIVER TRAIL 2,000.00 2,000.00 TREE PLANTING 4,000.00 4,000.00 HWY. 40 PARK 50.00 50.00 AMTRAK S T A TI ON 200.00 200.00 DIRECTIONAL SIGNS 500.00 500.00 WALK THRU HISTORY PARK 1,000.00 1,000 .00 BAtHlERS 369.54 450.00 80.46 82.12 TOTAL CAP. IMP. GEN. FUND .00 369.54 8,200.00 7,830.46 4.51 GEN. FUND COMMUNITY GRANTS G.C. HISTORICAL SOCIETY 1,000.00 1,000 .00 DAY SHUTTLE 9,000.00 9,000.00 9,000.00 100.00 SUMl1ER SHUTTLE 2,900.00 2,900.00 RECYCLE 338.00 2,032.00 4,060.00 2,028.00 50.05 CHAl-IBER OF COIIl1ERCE 5,500.00 13,316.00 29,000.00 15,624.00 46.12 CEliENTARY 1,000.00 1,000.00 100.00 HOME IMPROVEMENT GRANT 562.00 562.00 RR DAYS 475.00 475.00 475.00 100.00 DOWNTOWN DEVELOPMENT COMM. 695.00 2,500.00 1,805.00 27.80 FRASER PROMOTION TOTAL COMMUNITY GRANTS 15,313 .00 26,578.00 50,497.00 23,919.00 52.63 CAPITAL U1PROVElIENTS RESERVE FUND FRASER RIVER TRAIL 1,525.50 28,000.00 26,474.50 5.45 ýÿ .. ., .. e e TOI~n of Fraser SIJMHARY INCO~E AND EXPENDITURES FOR THE PERIOD ENDING JUNE 30, 1995 PERIOD TO DATE +-------------------------- YEAR TO DATE --------------------------t ACTUAL ACTUAL CURR BUDGET BUDGET VAR CALCULATE 1 WALK THRU HISTORY PARK 4,000.00 4,000.00 HIGHWAY 40 PATH 100,726.12 ( 100,726.12) PAVE HIGHWAY 40 PATH 1,476.13 135,000.00 133,523.87 1.09 STREET LIGHTING ~,OI6.56 17,500.00 9,483.44 45.81 TOTAL CAPITAL IMPR0VEMENTS BOND .00 111,744.31 184,500.00 72,755.69 60,57 CAP. IMP. BOND DEBT PRINCIPAL 20,000.00 20,000.00 100.00 INTEREST 38,920.00 77 ,360 .00 38,440.00 50.31 PAYI NG AGENT 500.00 500.00 100.00 TOTAL BOND DEBT .00 ')9,420.00 97,860.00 38,440.00 60.72 WATER FUND SALARIES 22,300.00 22,300.00 EMPLOYEE CONTRIBUTIONS 3,443.00 3,443.00 TOTAL EMPLOYEE EXPENSES .00 .00 25,743.00 25,743.00 .00 MAINT. OF SYSTEM 964.19 7,869.52 34,900.00 27,030.4~ 22.55 ADMINISTRATION 4,300.00 14,82U7 21,720.00 6,895.53 68.25 TOTAL WATER OPERATION 5,264.19 22,693.99 82,363.00 59,669.01 27.55 WATER FUND CAPITAL OUTLAY WATER RIGHTS/DEV. DIVERSION 1,000.00 1,000.00 WATER RIGHTS/MISC. DEVELOPHENT 5,000.00 5,000.00 IMPROVEMENTS 202,600.00 202,600.00 TRANSFER TO RESERV~ 10,500.00 10,500.00 WATER DEBT SERVICE PRINCIPAL 50,000.00 225,000.00 175,000.00 22.22 INTEREST 15,593.75 29,438,00 13,844.25 52.97 PAYING AGENT 475.00 800.00 325.00 59.38 TOTAL DEBT SERVICE WATER .00 66,068.75 255,238,00 189,169.25 25.89 TOTAL WATER SYSTEM EXPENSES 5,264.19 8~,762.74 556,701.00 467,938.26 15.94 CONSERVATION TRUST EXPENSES FRASER RIVER TRAIL 20,267.00 20,267.00 SCHOOL HOUSE PARK 2,764.00 2,764.00 TOTAL EXPENDITURES CONSERVATION .00 .00 23,031.00 23,031.00 .00 EQUIPMENT PURCHASE RE~ERVE FUND EQUIPMENT PUR~IIASES 14,000.00 14,000.00 TOTAL EXPENSES 59,184.38 489,546.35 959,568,00 470,021.65 51.02 TOTAL EXPENSES .00 66,068.75 474,338.00 408,269.25 13.93 ! i... ~i. e e -, TO: Town Board & Planning Commission Members From: Catberine Skelton Subject: First draft of sign code revisions pertaining to seasonal signage TOWN OF FRAS~R- SIGN CODE Purpose: The citizens of the Town of Fraser have expressed a desire to control the signage within the town limits. Thus, it is the intention of this sign code to define the types of signs which are permitted in various zoning districts, outline the allowable ! dimensions, denote prohibited signage, and discuss the exemption of certain types of signs from this code, all in the best interest of public health, safety and welfare. It is also the intent of this code to recognize the value of commercial signs as a necessary means of useful communication to maximize economic well-being for the business proprietor. The Fraser Sign Code encourages the construction of signs which are aesthetically pleasing and compatible with adjacent properties, and which protect, preserve, and enhance the character, beauty and charm ofthe Town. TEMPORARY/SEASONAL SIGNAGE: Banners: Banners are considered a form of temporary signage used to advertise a special event, sale, !:,lfand opening, new product &/or service or other similar temporary messages. It is the intent that the use of banners will serve as a means to enhance the attractiveness and economic well-being of the Town of Fraser as a place to live, vacation and conduct business. The display of banners is allowed if permitted by district. Eacb banner displayed requires a permit. The permit fee is ten (10) dollars for each banner application, which shall be valid for a full year. The staff at the Town Hall shall issue a permit for the use of each banner in locations which will not cause unreasonable annoyance or inconvenience to adjoining property owners. Banners must be placed in such a manner that they will not be blown down, in whole or in part, and must be secured properly and neatly. Banners must be attached flat against the side of a building or fence. Suspended or freestanding banners are not allowed. Banners are not permitted on a vehicle. Banners must be removed immediately if damaged or in disrepair. Any business shall be entitled to display one banner at a time, only after applying for, and receiving approval from the Town of Fraser staff. Banners can not exceed fifty (50) square feet in area and mllst he protessionally manufactured. Banners may be permitted up to eight (8) times a year for two weeks intervals, and removed immediately after the two week duration OR following the conclusion of the particular event advertised. Sandwicb Board Sign (also known as an "A-frame" sign): Sandwich boards are also considered a form of temporary signage used primarily during the summer season to advertise a business. It is the intent that the use of sandwich boards will serve as a means to enhance the attractiveness and economic well-being of the Town of Fraser as a place to live, vacation and conduct business. .. , ~ f' e e -. " The erection of sandwich boards is allowed if permitted by the district. Each sandwich board displayed requires a permit. The permit fee is ten (10) dollars for each sandwich board application, which shall be valid for a full year. The staff at the Town Hall shall issue a permit for the use of each sign in locations which will not cause unreasonable annoyance or inconvenience to adjourning property owners. Any business shall be entitled to display one sandwich board, only after applying for, and receiving approval from the Town of Fraser statf Sandwich boards can not exceed sixteen (16) square feet in area per side. In an attempt to promote economic viability in the Town, sandwich boards may be permitted for an indefinite number of days during the non-snow season. Sandwich board signs are prohibited during the snow season. " ,:] ";,:j ~ 1 ) '1 " j ,:~j ~'I ..1 ~I "" :-'~1 '. :J:; ." .. :1 : '.j " ~j " " I": I~J if . "~J .1 " . I ~l ':1 .:j '~f '" ..,.1 :'1 I ":i :;1 ..ttJ ...., 'J 'l; '. ., .1' ,; ',;! '::1 '~ J . ~J ".'~ .:~ ' . e TOWN OF ."'RASER TO: CHAIRI\MN UUCIIIIEISTER AND PLANNING COMMISSION MEMBERS FROM' CATHERINE E. SKELTON S' HH: UUILDING PERMITS APPROVED BY TOWN DURING 1995 SEASON DATE: JULY 21,1995 +'+.*~.**.~*t*.*...***$.~f*..*+*.**....*.t.*..**...**~.***.*.~***~...~~1..~**..**.**... Owner name & location: Description: Staff Approval Date: llse Tall: Ed & Sue Jackson Deck enclosure March 30, 1995 $200.00 859 Wapiti Dr. L.L. Kourse Roof addition over March 30, 1995 838 Quail Dr. exisling deck L.L. Kourse New attached SFR April 13, 1995 $1200.00 838 Quail Dr. Zdcnek Nedele New Sf'R April 14, 1995 $1400.00 810 Ferret Lane Rick Carrol New roof over May 10, 1995 223 Norgren St. existing shingles 534 Wapiti Retention wall May 30, 1995 replacement 8ill Reed Garage addition May 30, 1995 $232.00 102 Eastom Ave. Hem}' Mikawa Ne\v modular home June 12, 1995 $900.00 860 Ermine Lane Conrad Long Deck replacement June 29,1995 $40.00 123 Carriage Rd. Kevin Mitchell New SFR July 3, 1995 Pending Michelle Ismert Byers Ave Raymond Archer New SrR July 7, 1995 $ 1400.00 Wolverine Lane Four Seasons Condos New roof July 10, 1995 830 Ermine Lane Scott & Ann Wood Deck nddition July 21,1995 $32.00 670 Wapiti Dr. Plannigan Bend ff I