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HomeMy Public PortalAboutTBP 1998-09-16 -- I 1 . . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120 / 153 Fraser Avenue Fraser, Colorado 80442. (970) 726-5491 FAX Une: (970) 726-5518 SEPTEMBER 16, 1998, 7:30 p.m. TOWN BOARD AGENDA REGULAR MEETING 1. Ron Call 2. Approval of 9/2/98 ininutes . " " 3. ',q,enForum,:' -. .," - ,.'.' .\: '4. '..'I'oblic Hea.nng~ .' - ' . .' " . ~ " .,' " ' none ' " 5. ,:" Action Items '. ',,' '. . '. a) .. Approvmg an intergoverpmental agreement that ~eat~, ariE-911 . telephone service:,~:-' ' -, ,:' ,_' : ::::. .<;"'-... b) Approval of the final and as-Quilt plats for Twin Spirits Townhome~ #2.;', ' , c) An emergency ordinance restrlcting the hours during which construction' t.' and site work can occur in the Town of Fraser. ' , . . ~ ..... 6, ,'Discussion Items . , . , none. ^'. , . bv..i ItL" ') . " 7. Staff ChoIce ,b) ti~iM'1 ....yJ....'kLxvlPtv.M.. a) WllsonlPascal request '\ f.' (,/ o.c.c.cM c~ 9. Board Choice I Upcoming Meetings September 23rd: Planning Commission regular meeting October 1st: Joint budget meeting with the Town of Winter Park October 7th: Town Board regular meeting October 14th: Town Board budget workshop October 21st: Town Board regular meeting October 28th: Planning Commission regular'~~,.; ýÿ 1 ,! . . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue I Fraser, Colorado 80442 (970) 726-5491 FAX Une: (970) 726-5518 Manager's Brief'mg: September 11, 1998 Fallfestis this weekend. On Sunday, all,sorts of events will be happening at the Walk Through History Park. Fun! Fun!!, Fun!!! .' ," On Wednesday, it looks like a short meeting: lets prove that the inverse relationship between " ,.;.. . agenda length and meeting length is false. .' - '_ o' .' ."\ ,. . " Action Items " " ~,. . ~ ,. We have been asked. to adopt a~ew intergovernmental agreement that governs the'r:E~911" .. .:, . . ~ , ' " . " telephone system. ' The pew IGA sets the groundwork for Grand CQwlty to begin doing its oWJ,l:, .:, ',-: ..>. , emergency services dispatching (dispatch is cUl!ently done by the. State of Colorado). Itis~e .';.; / .:. '. . fiTst of three 'IGA' s we will be aSked to adopt on the dispatch road. ~eIGAis_enclos~.' AlsO'. ~',', . '" enclosed is an approximate cost structure for dispatch if the new IGAis d~velopedai1d'ifthe E:'\<"" :::: ' 911 AuthoritY is allowed to increase the ~911 fee from 50 cents perphone line per month to~.t:;.:,~'/,..' per month. This proposed increase is being considered by the Public Utilities Commission. << '. " :,. Get the checkbook out. .. After receiving an open space variance from the Planning Commission, the Board is being asked to approve the Twin Spirits Townhome final plat and as-built. plat. Finally, it has been suggested that we may want to curtail late night activity at construction sites throughout town. An emergency ordinance was drafted to this end. Rod McGowan is reviewing as to the Ordinance's form. e' est jinil ýÿ . . . Minutes from the Fraser Town Board Regularly Scheduled meeting, 9/02/98 The meeting was called to order by Mayor Johnston at 7:30 p.m., or thereabouts. Trustees Swatzell, Klancke, Rantz, and Soles were present. Staff present included Trotter, Stone, and Reid. Minutes The 8/19/98 minutes were approved as written. Motion and second by Klancke and Rantz. Open Forum Gary DeFrange, Winter Park Recreation Association CEO, addressed the Board about to the base area development and transportation circulation. Chamber of Commerce Update Mike Periolet, Mike Fugle, and Catherine Ross discussed how best the Chamber of Commerce can collaborate with Fraser. Following the Board's discussion about this issue at an 8/19/98 workshop, the Board indicated that Fraser requests that the Chamber's primary focus be on year- round economic development. There also was consensus that Fraser's past policy to have vendors fees placed in the Chamber's "restricted" funds be changed, thereby allowing the Chamber to use these funds for any purpose. The Board directed Reid to draft a memorandum of understanding outlining these issues. NWCOG QQ Update Lane Wyatt, Northwest Colorado Council of Govemments Water Quality and Quantity Committee, provided the Board with an update ofQQ's activities year-to-date and anticipated activities. Action Items Trotter presented and requested approval of the final plat for Larkspur Townhomes. Board approved the plat. Motion and second by and Reid presented a resolution stating the Board's intent to create the Byers Vista Special Improvement District. Resolution 9-1-98 was approved on a 5-0 vote and a hearing to consider an Ordinance creating the Byers Vista Special Improvement District was set for 10/7/98. Motion and second by Rantz and Klancke. Following Board approval, a public hearing was set for 10/7/98 to consider amendments to the Fraser Subdivision Regulations. Motion and second by Swatzell and Rantz. Discussion Items Reid requested that the discussion item be rescheduled when the entire Board is present. StafT Choice Reid updated the Board on the Clayton Subdivision Improvement Agreement. The Board asked staff to identifY total build-out numbers for the Clayton subdivision and to recommend a "trigger" for the Fraser Avenue road construction. I . . The Board reaffirmed its commitment to the Wellhead Protection Program by stating that they did not want a gas station at the corner of County Road 804 and US 40. The Board was invited to a preliminary meeting with Grand County Water & Sanitation District's architect regarding the design of a wastewater treatment plant. The Board was invited to the September 24th CML District 12 meeting at Silver Creek. Reid asked the Board if they had interest in pursuing consolidation with the Fraser Sanitation District. The Board felt that they would rather wait until the District competed its planning for the new wastewater treatment plant but that it would be appropriate for the Town to pursue an lOA with the District that addressed many issues. The Board advised that a meeting should be scheduled as soon as possible with the Library District in an attempt to resolve some issues regarding the statute, plowing, etc. The Board directed Reid to present a counter offer to the Library District regarding purchase of the structure. Swatzell made a motion approving a $250.00 donation to SMART, 2nd Rantz, carried. Trotter stated that Red Trail Rafting invited Board and Staff to an appreciation party for having a successful summers business. Workshop will be held for Town Board and Planning Commission Wed. Sept. 9th at 6:00 p.m. to review proposed amendments to the Subdivision regulations. Trotter will be mailing letters regarding the 3 mile plan to some property owners that are included in the mapped area of growth. Hearings and adoption of the plan will happen prior to the end of the year. Board approved waiving of the $50 excavation permit fee for the Learning Center. Stone asked the Board how they felt about Special Events especially whether or not to keep the block party as part of the 4th of July. BOARD CHOICE Swatzell handed out CML infonnation on State excess revenue plans. Dave Bridge, member of the audience, questioned the use tax on Motor Vehicles. Staffwilllook at what percent of revenue this tax produces. The meeting adjourned sometime after 10:00 p.m. l . . NlEMORAND UM HMEt< To: Grand County Communications Users From: Chris G. Broady Date: August 5, 1998 Subject: 911 Intergovernmental Agreement / Proposed Budget Figures To All, Attached is the revised IGA from the 911 Authority Board. After reviewing the changes please sign and return to me before August 21, 1998. We will need this lGA signed and in place to make the presentation to the PUC for a surcharge increase. , I have also attached several User Fee Schedules for 1999. These outline the budget amounts based on the percent of contribution from each user. I have broken these out by $0.50, $0.70 & $1.00 surcharge. Also attached is the estimated cost reduction if we are succeed in obtaining Grant monies that have been applied for. I have also attached the same break outs for the year 2000, which should be our first full year of operation. The last sheet is a break down of the estimated costs for Communications for 1999. If you have any questions, please contact me or Sheriff Johnson. I FROM THE DESk OF... CHRIS G. BROADY COMMUNICATIONS DIlU!CTOR GRAND COUNTY SHElUFF's DEPARTMENT 670 SPRING STREET P.O. Box 48 , HOT SULPHUR SPRINGs. co 80451 (970) 725-3343 Fax: (970)725-3227 . . GRAND COUNTY INTERGOVERNMEf\'TAL AGREEMENT CONCERNING THE IMPLEl\-IENTA110N OF AN :IE911t1 TELEPHONE SERVICE THIS AGREEMENT, made and entered into this_ day of , 1998, by and between the following parties: the Soard of County Commissioners of the County of Grand, a body politic and corporate hereinafter referred to as "County;" the Town of \Vinter Park, a mmlicipal corporation, hereinafter referred to as "Winter Park;" the Town of Fraser~ a municipal corporation. hereinafter referred to as "Fraser;" the Town of Granby, a municipal corporation, hereinafter referred to as "Granby;" the Town of Grand Lake, a municipal corporation, hereinafter referred to as "Grand Lake;" the Town of Hot Sulphur Springs, a municipal corporation, hereinafter referred to as "Hot Sulphur Springs;" the Town of Kremmling, a municipal corporation, hereinafter referred to as "Kremmling;" the East Grand Fire District #4; the Grand Fire ~tection District; the Hot Sulphur Springs-Parshall rire Protection District; the Grand Lake Fire Protection District; and the Kremmling Fire ProtectIon District, all the above named entities within the State of Colorado. WITNESSETH: WHEREAS, pursuant to Article II of Title 29, Colorado Revised Statutes, as amended, the above-listed parties are delegated the power to enter into agreements for the purpose of providing emergency telephone service; and WHEREAS, Part 2 of Article 1 of Title 29, Colorado Revised Statutes, as amended, encourages and authorizes agreements of this nature; and WHEREAS, it would serve the public welfare and be in the best interest of all the above- referenced parties to participate in the organization, administration and common use of a central . . emergency telephone service authority; and, WHEREAS, the parties desire to enter into this Intergovernmental Agreement for the following purposes; (1) to establish a separate legal entity to be known as the "Grand County Emergency Telephone Service Authority" (hereinafter referred to as the "Authority") which shall be responsible for administering the operation of the emergency telephone service program; and (2) to define the mEI.J.1Iler in which each of the parties will participate in the Authority; NOW, THEREFORE, in consideration of the mutual covenants hereinafte! contained, the p8.J."ties agree as follows: I. DEFINITIONS The definitions for the tenns "emergency telephone charge," "emergency telephone service," "exchange access facilities/' "governing body," "public agency," "service s;.Ipplier," "service user," "rates", "person" "public safetv answering point". "telecommt:nications service." "Wireless . automatic location identification." "Wireless automatic number identification". "Wireless communications access." and "Wireless carrier" as uo;;ed in this Intergovernmental Agreement shall be the same as the definitions provide for those terms in section 29-11-101, Colorado Revised Statutes, as amended. II. GENERAL PROVISIONS The parties hereby establish a separate legal entity to be known as the "Grand County Emergency Telephone Service Authority (hereinafter referred to as the "Authority") which shall be responsible for administering the operation of the emergency telephone service program as described below. The operation of said emergency telephone service shall be as herein set forth.. III. GRAND COUNTY EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD 2 l . . The governing board for the authority shall consist of fi Ire (5) membem to be appotmed by the Board of County Commissioners in the following manner: 1. One member shall be selected from a list of nominees submitted by the towns, but each one of the six towns may submit no more than one nominee. 2. One member shall be selected from a list of nominees submitted by the fire protection districts, but each of the four fIre protection d~'tricts may submit no more than one nominee. 3. One member shall be selected to representative of GraIld County law enforcement, and may be either a member of the county sheriffs department or a member of any municipal police department in the county. 4. One member shall be representative of Grand County emergency medical services. 5. One member shall be selected solely at the discretion of Lhe Board of County Commissioners. this member may also be representative of one of the above four interests, or . may be a "lay" member of the community. 6. All persons appointed shall serve at the pleasure of the Board of County Commissioners, which shall also designate the member to serve as the Authority Secretary. The terms of all members shall be two years and shall be staggered in even and odd years. Upon creation of the Authority and appointment of the first members from towns and fire protection districts, the initial appointment shall be for three years, and thereafter, all appointments shall be for two year terms. All members are eligible for reappointment to successive terms on the Authority Board and to successive terms as Officers of the Authority Board. 7. Nothing in this section shall preclude either the towns as a group, or the fITe protection districts as a group, from detennining by a simple majority vote of all the group's members, the 3 ýÿ , , . . entities' collective choice for appointment. Upon written notification to the Board of County Commissioners of the majority's choice for appointment, the County Commissioners shall make the appointments in accord with the majority's choice. IV. RULES AND REGULATIONS The governing board for the Authority may pass supplementary rules and regulations as it deems necessary, provided the supplementary rules and regulations are in compliance with Articles 1 and IT of Title 29, Colorado Revised Statutes, as amended, and tlus Intergovernmental Agreement. V. POWERS OF THE AUTHORITY The parties hereto agree that the Authority shall be empowered with the authority to contract for the installation and operation of an emergency telephone service and may pay such costs by collecting a emergency telephone charge for such service in the service area which is within its jurisdiction and authorized by the Intergovernmental Agreement. The Authority is hereby authorized to collect an emergency telephone charge, as provided by 29-11-103_ Colorado Revised Statutes, as now enacted or hereafter amended, in an amount as authorized by C.RS. 29- 11-102(2)(a)(b)( c)(d) , that together with any swplus revenues carried forward will produce sufficient revenues to fund the expenditures authorized by Article 11 of Title 29 C.RS. The funds so collected shall be spent as provided for in C.RS. 29-11-102 and 29-11-104 as now enacted or hereafter amended The funds so collected shall be credited to a cash fund separate and apart from the general fund of any of the public agency parties or the Authority under this Intergovernmental Agreement. Any funds remaining in the account at year end shall be carried over t~ext succeeding year , 4 ýÿ I . . fe-r the same purposes in supplying emergency telephone service. If this agreement is ever discontinued by all parties hereto, any balance in the account shall be transferred to the general fund of the public agencies on a proportionate basis as to the contributions made by each respective public agency. In addition, the Authority may do any other act as may be necessary for the provision of initial services and for the continued operation of the emergency telephone service; including, but not limited to, the ability to negotiate with equipment vendors and service suppliers for the purpose of obtaiI-.Jng the benefit of teclmologica1 developments which the Authority deems necessary to improve of enhance the quality and efficiency of service to be provided to the users. VII. BUDGET AND OPERATING COSTS If and when the Authority believes that funds for administrative costs not paid by the emergency telephone charge are necessary, it shall prepare a budget and submit a budget request to the Board of County Commissioners by September 15 of each year that this Agreement is in effect. VID. FUNDS AND OPERATIONS The various monies paid into the Authority by the parties hereto, for administrative costs pursuant to Section VII, shall be used by the Authority solely for administrative costs. Further, the various monies paid into the Authority pursuant to the unifonn charge per exchange access facility shall be collected by the service supplier and the parties hereto shall llave no obligation to collect this unifonn charge or to remit such monies to the authority. These monies shall be placed in a separate designated cash fund and shall be SJ>ent solely to pay for those costs and expenses and personnel expenses described in C.R.S. 29-11-104 as now enacted or hereafter 5 ýÿ , . . amended - - No disbursement shall be made from the funds of the Authority except by check and unless a verified claim for services or commodities actually rendered or delivered has been frrst submitted and approved for payment by the authority, said approval being evidenced by the President and Secretary of said Authority. The authority shall not borrow money nor shall it approve any claims or incur any obligations for expenditures unless there is sufficient unencumbered cash in the appropriate fund, credited to the Authority, with which to pay, or repay, the same; or unless the Board of County Commissioners by an action on the official record of its proceedings, sha.11 have agreed to act as surety or guarantor for such payment or repayment. The Authority may invest any funds paid into the Authority only in accordance with any applicable laws of the State of Colorado governing the investment of public funds. IX. BOOKS AND RECORDS The Authority shall maintain adequate and correct accounts of their funds, properties and business transactions, which accounts shall be open to inspection at any reasonable time by the parties hereto. their attorneys, or their agents. The Authority shall cause to be conducted an annual audit, which audit shall be conducted by an independent certified public accountant licensed to practice in the State of Colorado. The Authority shall file a copy of said audit with the governing bodies of the respective parties hereto. 1 Nothing in this section sha.11 require the Authority to independently keep its records and accounts t (separate and apart form the other records and accounts of Grand County), nor to conduct its annual audit independently of the annual aHait incl~Ilaently of the annual Grand County audit, 6 . . unless it shall choose to do so. X. REPORTS Within ninety days after the end of each fiscal year, the Authority shall prepare and present to the respective town boards of trustees/town councils, boards of directors of the fire protection districts, and the Board of County Commissioners, a comprehensive annual report of the Authority's activities and fmances during the preceding year. The Authority shall also prepare and present such reports as any be required by law, regulation, or contract to any authorized federal and/or state officials or to whom such report is required to be made in the course and operation of the Grand County Emergency Telephone Service Authority. The Authority shall also render to the parties hereto, at reasonable intervals, such reports and accounting as the parties hereto may from time to time request. XI. TERMINATION OF AGREEMENT A. This Agreement shall be in full force and effect upon the execution of this Agreement by all parties listed herein, and shall continue in full force and effect, subject to amendments, or until sooner terminated by a majority of the parties hereto. B. Any party's participation in this Agreement may be terminated by written notice from the party or parties to the Authority at least one hundred eighty (180) days prior to January 1 of any given year. Upon termination such party shall forfeit all right, title and interest in and to any property acquired by the Authority. C. Upon termination by mutual agreement of a majority of the parties to this Agreement, the powers granted to the Authority under this Agreement shall continue to the extent necessary to 7 ýÿ . , . . made an effective disposition of the property, equipment and monies required or held pursuant to this Agreement. XII. AMENDMENT This Agreement may be amended by the parties from time to time, but any amendment shall be in writing and executed by the majority of the parties hereto. xm. LIABILITY OF BOARD OF DIRECTORS. OFFICERS. AND EMPLOYEES The members of the governing board for the Authority and its offic~rs shall not be personally liable for any acts perfonned or omitted in good faith. The Authority may purchase insurance to provide coverage for the governing board members and the Authority against suit or suits which may be brought against said members of the board or Authority involving or pertaining to any of their acts or duties perfonned or omitted for the Authority in good faith. The Authority may obtain a bond or other security to guarantee the faithful perfonnance of the duties of the members of the Authority board. XIV. MISCELLANEOUS Nothing contained in this agreement shall constitute a waiver of the provisions of the "Colorado Governmental Immunity Act." Each governing body that is a customer of the emergency telephone service provided for in this agreement shall make payment therefore from charges imposed under c.R.S. 29-11-102(1)(a) unless all such customers make payments therefore from general revenues. XV. SEVERABILITY CLAUSE If any provision of this Agreement or the application hereof to any party or circumstances is held 8 ýÿ , . . invalid, such invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provision of application, and to this end the provisions of the agreement are declared to be severable. IT WITNESS WHEREOF, the parties hereto have caused their respective names and seals to be affixed hereto, as of the day and ye-.ar hereinbefore set forth. 9 ýÿ , . . BOARD OF COUNTY COMMISSIONERS, COUNTY OF GRAND Paul Ohri, Chairman AlTEST: Grand County Clerk by: . 10 . . . . TOWN OF WINTER PARK by Mayor A ITEST: Town Clerk **************************************************** TOWN OF FRASER by ATTEST: Town Clerk **************************************************** TOWN OF GRANBY by Mayor A ITEST: 11 ýÿ . . Town Clerk TOWN OF GRAND LAKE by Mayor A ITEST: Town Clerk ***************************************************** TOWN OF HOT SULPHUR SPRINGS by Mayor ATTEST: Town Clerk **************************************************** TOWN OF KREMMLING by Mayor A ITEST: 12 ýÿ . . . Town Clerk EAST GRAND FIRE PROTECTION DISTRICT #4 by President **************************************************** GRAND FIRE PROTECTION uISTRICf #1 by President *************************************************~** GRAND LAKE FIRE PROTECTION DISTRICf by **************************************************** HOT SULPHUR SPRINGS-PARSHALL FIRE PROTECTION DISTRICT by President **************************************************** KREMMLING FIRE PROTECTION DISTRICf 13 ýÿ . . GRAND COUNTY COMMUNICA TIONS PROJECTED USER'S FEE SCHEDULE 1999 o With No Assistance from Grants figured @ $ 1.00 /Phone user (11,500' AGENCY % Operating Cost Start up Costs TOTAL 911 Authority -- $66,500 $34,300 $100,800 Hot Sulphur Spgs Fire ()OIG $330 $170 $500 Subtotal - $173,170 $90,530 $263,700 Grand County 47% $81,390 $42,549 $123,939 ~ Town ofWmter Park 14% $24,244 $12,674 $36,918 -- Town ofKremmling 10% $17,317 $9,053 $26,370 Town of Gran by 8% $13,854 $7,242 $21,096 Town of Grand Lake 7% $12,122 $6,337 $18,459 Town of Fraser 7% $12,122 $6,337 $18,459 \. Town ofHSS 2% $3,463 $1,811 $5,274 East Grand Fire 2% $3,463 $1,811 $5,274 Grand Fire 1% $1,732 $905 $2,637 Kremmling Fire 1% $1,732 $905 $2,637 Grand Lake Fire 1% $1,732 $905 $2,637 TOTAL BUDGET $240,000 $125,000 $365,000 I . cgb 08/03/98 ýÿ . . GRAND COUNTY COMMUNICATIONS PROJECTED USER'S FEE SCHEDULE 1999 o Including COPS MORE Grant rl2Ured @ $ 1.00 I Phone user(II,500 AGENCY % Operating Cost Startup Costs TOTAL COPS More (75%) $74,964 $0 $74,964 911 Authority -- $66,500 $34,300 $100,800 Hot Sulphur Spgs Fire 00.10 $330 $170 $500 Subtotal -- $98,206 $90,530 $188,736 Grand County 47% $46,157 $42,549 $88,706 Town ofWmter Park 14% $13,749 $12,674 $26,423 Town ofKremmling 100.10 $9,821 $9,053 $18,874 Town of Granby 8% $7,856 $7,242 515,099 Town of Grand Lake 7% $6,874 $6,337 $13,212 Town ofPraser 7% $6,874 $6,337 $13,212 Town ofHSS 2% $1,964 $1,811 $3,775 East Grand Fire 2% $1,964 $1,811 $3,775 Grand Fire 1% $982 $905 $1,887 Kremmling Fire 1% $982 $905 $1,887 Grand Lake Fire 1% $982 $905 $1,887 TOTAL BUDGET S240,000 $125,000 5365,000 , , cgb 08103/98 I . . GRAND COUNTY COMMUNICA TIONS PROJECTED USER"S FEE SCHEDULE 1999 Q Including ENERGY IMPACT Grant fil!ured @ 5 1.00 I Phone userlll.5001 AGENCY % Operating Cost Start up Costs TOTAL Energy Impact Grant $0 $125,000 $125,000 911 Authority -- $100,800 $100,800 Hot Sulphur Spgs Fire ()OIO $500 $500 Subtotal - $138,700 $138,700 Grand County 47% $65,189 $65,189 Town ofWmter Park 14% $19,418 $19,418 Town ofKremmling 10% $13,870 $13,870 Town ofGranby SOlO $11,096 $11,096 Town of Grand Lake 7% $9,709 $9,709 Town of Fraser 7% $9,709 $9,709 Town ofHSS 2% $2,774 $2,774 East Grand Fire 2% $2,774 $2,774 Grand Fire 1% $1,387 $1,387 Kremmling Fire 1% $1,387 $1,387 Grand Lake Fire 1% $1,387 $1,387 TOTAL BUDGET 5240,000 5125,000 5365,000 . , cgb 08103/98 I . . . GRAND COUNTY COMMUNICATIONS PROJECTED USER'S FEE SCHEDULE 1999 o Including COPS MORE & ENERGY IMP ACT Grant fiaured @ $ 1.00 I Phone user(11,500 AGENCY % Operating Cost Start up Costs TOTAL COPS More (75%) $74,964 $74,964 Energy Impact Grant $0 $125,000 $125,000 91 1 Authority - $100,800 $ 1 00,800 Hot Sulphur Spgs Fire 00,/0 $500 $500 Subtotal - $63,736 $63,736 Grand County 470,/0 $29,956 $29,956 Town ofWmter Park 14% $8,923 $8,923 Town ofKremmling 10% $6,374 $6,374 Town ofGranby 8% $5,099 $5,099 Town of Grand Lake 7% $4,462 $4,462 Town of Fraser 7% $4,462 $4,462 Town ofHSS 2% $1,275 $1,275 East Grand Fire 2% $1,275 $1,275 Grand Fire 1% $637 $637 Kremmling Fire 1% $637 $637 Grand Lake Fire 1% $637 $637 . TOTAL BUDGET $240,000 $125,000 5365,000 . cgb 08103/98 . . . ~~ rdinance AN ORDINANCE RESTRICTING THE HOURS DURING WInCH COMMERCIAL AND RESIDENTIAL CONSTRUCTION AND SITE WORK IS ALLOWED IN THE TOWN OF FRASER AND DECLARING AN EMERGENCY. WHEREAS, it is in the best interest of the public's health, safety, and welfare to restrict the hours during which commercial and residential construction and site work occurs in the Town of Fraser; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: Section 1. That a new section be added to the Fraser Municipal Code, said section to be identified as Chapter 7, Article 7-8, which shall read as follows: Article 7-8 Construction and Site Work Restrictions i~B.1 Section f4.tt. Construction Restrictions .. ~l1 a) .NO construction shalfbe allowed on the outside of any commercial or residential structure between the hours ofJ;OOP.m. and 7:00 a.m. ~ lIf:rl'Wl . 4-:g:p f"t~ (,:~(}..W' ~d~e,~pr > k. If ::J. g.z f' Fe ~ Y\fI ~d 5:01> ~.Wl . "u,tAU^". f.h.\Y . U Section 1-1-2. Site Work Restrictions .' VI \V' .~~ \ 6\\l1 ~ ~(f a) ~ite work that prepares any pr~erty for improvements, or that creates any '\ improvements on the property, shall~ allowed between the hours of 8:00 p.m. and 7:00 a.m. ~ 1-8-3 Section ~-: Penalty a) It shall be unlawful for any person to violate, disobey, omit, neglect, refuse, or fail to comply with or resist the enforcement of any provision of this Article and the violation of any provision of this article shall be punished by a fine not exceeding $300 for each and every violation, or imprisonment for term not exceeding 90 days, or by both such fine and imprisonment~ Section 2. If any section, paragraph, clause or provision of this Ordinance is judged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this Ordinance. However, it is not the intention that the various parts of this ordinance are severable. ýÿ . . . . Section 3. Emergency Declared~ Effective Date. The Board of Trustees finds and determines that matters relating to restricting the hours during which constIUction or site work may occur in Fraser constitutes an emergency which requires the immediate passage of this Ordinance for the preservation of the public health, safety, and welfare. This Ordinance shall become effective upon its passage, adoption, and signature of the Mayor. INTRODUCED, PASSED AND ADOPTED AS AN EMERGENCY ORDINANCE this _ day of September, 1998, by a vote of. ~~^lt'l ~I For: i)~, IL\l.;rr Against: Abstain: - [TOWN SEAL] By Mayor ATTEST: By Town Clerk --- . . . . Leigh Wilson 7131 East Walsh Place Denver Colorado 80224 September 2, 1998 Jeff Johnston, Mayor Town of Fraser PO Box 120 Fraser, Colorado 80442 Dear Jeff, I am writing this letter to ask you and the Fraser Town Board to review the drainage problem at our duplex. Chuck Reid and Dick Suedekamp have looked into the problem and feel that a wet well will help the flooding. I would like to ask you if this option could be considered again, understanding that the Town of Fraser will have helped us with the best solution possible. This effort would be greatly appreciated and would absolve Fraser of any further involvement. Sincerely, . ~U)~ Leigh Wilson . . . St:-Pr 93 :2 J c F;- J 0,,,,,, S70,J m/1Ye;~ ()t:" FBjISG~ --- - ..-- --.- .. ..~ -.... ., ::P 1E:",q;z.. Je~F : -..-----~-.-----.--.--~----~--.,----.--.-..-.---.---~_._____._._._..__~..._.~.__. _M_.___~_____~~_.__.___.___.______.__.__._._.________________. - .J.. .__~ a.tn. 0 .'-II<EYCtJ '-9;vtl 71;C- ,do/9J'.L> 70 PFCo.-:v~ ~PFIL .. 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C'~'" T/IA/lJk ~d H/l yOC/~ - (! . :5/P~e:Ri9.Pt:).~ . "_~ n.....__.... '. ... .L." y:i1YR:~~ ,. ~ . --. .. n ~()~a. 1..//1 Jt.... ,. , f:" ~~ SF~/ CO I.. o~p.po A,.ID .. ~~37 ~ c:- j),9p. (] ~ I:~k Pt<.. /k;l..JS70AJ~ TX 77a S-7 (7/~ 78/- 7gggl , , . . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Une: (970) 726-5518 September 9, 1998 Michael Winney P.O. Box 102 Fraser, CO 80442 Dear Mr. Winney: " .~"';' When the Byers Vista subdivision was annexed into Fraser in 1973. the subdivision'~ public "1; improvements (road, water. sewer and other utilities) did not exist. On September 2, 1998. th~ Fraser , Town Board adopted a resolution (encloSed) stating their,intent to 'create a special improvement district ' , that would complet~ the town required public improvements for your subdivision. 'The resolution states' that Fraser is willing to adm1ni~ this project (administrative, legaL aDd engineering fees) and pay a', ,,:,: ' portion of the improvement Co~' and you will be charged for your share of the improvementS. ,'You Can' 'pay for the improvements in one of two ways, either as a one time payment or billed as part 9fyour, propery tax over ~ ten year J>e!iod. Some of the Byers Vista property owners were polled last year about their feelings regarding a special , " improvement district. While we heard definitively that three property owners were not interested in ,being a part of the district, the other property owners either supported the plan or did not resPond to the po~g.' Over the past couple of months, the Fraser Town Board has discussed the equity of the original propo~ , which included some property in the district but excluded other property due to their location or existing services. During these discussions, the Board felt that all property owners within the ByerS Vista subdivision had to assume some responsibility for completion of the infrastructure, while recognizing that some bear a higher proportionate share than others. An approximate cost allocation is included in the enclosed Resolution. For those of you who were not polled last fall. I apologize for this surprise and hope that you recognize your role in finding a solution for the entire subdivision. Fraser initiated the special improvement district based on Colorado Revised Statutes 31-25-501, which calls for a set process to be followed in the creation of the district. The rest of this letter follows the notification process required by Statute. 1. The Byers Vista Special hnprovement District's purpose is to construct and/or upgrade the public street and drainage system to Fraser specifications, and to extend the existing eight inch water main within the Muse Drive right-of-way to a point that loops the existing main with the Fraser water system. . . . . Page Two Byers Vista Subdivision Improvement District 2. Costs for this work will be assessed to property owners within the Byers Vista subdivision and shared by the Town of Fraser. Payments by property owners could be made in ten annual installments, twenty semi-annual installments. or as a one time payment. 3. Costs for the improvements shall be made in one of the following three ways: a) Annual payments shall be made in April of each year. b) Semi-annual payments shall be made in Februmy and June of each year (50% of the total annual cost in each month). c) The one time payment needs to be made prior to December 31,. 1998. 4. The extent of the work to be completed includes only the work identified in number one above. 5. The estimate for all improvements to be madeaspart.ofthis special improvement district are.. . $40,000: $6,000 for the street and ~e improvements (hard and equipment costs) and $34,000 for the water main improvements. The following schedule estimates the appro~e. .' : amounts to be assessed per lot. Per lot proposed ~ents may also be viewed on ~e attaChed " map. Block 1, lot I, Byers Vista Subdivision' $2,000 or $220 ~ually . .., Block I, lot 2, Byers Vista Subdi,vision $3,000 or $330 amiually ~ . . .. Block 1, lot 3, Byers Vista Subdivision $3,000 or $330 annUally" :'- Block I, lot 4, Byers Vista Sulxlivision $3,000 or $330 annually '. Block 1, lot 5, Byers Vista SubdivisiOn $3,000 or $330 ann~ :' Block 1, lot 6, Byers Vista Subdivision $3,000 or $330 ann~ . Block 1, lot 7, Byers Vista Subdivision $3,000 or $330 annually, . . Block 1, lot 8, Byers Vista SubdiviSion $3,000 or $330 aimually Block 1, north half oflot 9, Byers Vista Subdivision $3,000 or $330 annually . Block 1, north half oflot 10, Byers Vista Subdivision $3,000 or $330 annually Block 1, south half oflot 9, Byers Vista Subdivision $500 or $55 annually Block 1, south halfoflot 10, Byers Vista Subdivision $500 or $55 annually Block 2, lot 1, Byers Vista Subdivision $5,00 or $55 annually Block 2, lot 2, Byers Vista Subdivision $2,000 or $220 annually Block 2, lot 3, Byers Vista Subdivision $3,000 or $330 annually . Block 2, lot 4, Byers Vista Subdivision $500 or $55 annually Town of Fraser right-of-way $4,000 6. An ordinance authorizi;Dg these improvements and approving the estimated assessments shall be considered in a public hearing by the Fraser Board of Trustees on October 7, 1998 at 7:30 p.m. at the Fraser Town Hall, 153 Fraser Avenue, Fraser, Colorado. 7. A map, estimate, and schedule that shows the approximate amounts to be assessed and all resolutions and proceedings associated with the Byers Vista Subdivision Improvement District are on file and may be seen and examined at the Fraser Town Hall, 153 Fraser Avenue, between the hoW'S of8;30 a.m. and 4:30 p.m. Monday through Friday. I I I . . Page Three Byers Vista Subdivision Improvement District 8. All complaints and objections made in writing concerning the proposed improvements will be heard and considered by the Fraser Board of Trustees prior to determining any final action on the creation of this district. The City Clerk shall give notice of the hearing on the creation of the District and the construction of the improvements by publication in one issue of the Winter Park Manifest, a newspaper of general circulation in Fraser, said publication to be at least twenty (20) days prior to the date of the . hearing. In addition, notice shall be mailed by first class mail to each property owner of record to be assessed for the cost of the improvements who is included within the proposed district. The mailed notice shall be made on or about the date of the publication of the notice of hearing. If approved by the Board ofT~ a "notioo'to prOceed" will be ~ven on October 8, 1998 to the contractor who submitted the beSt bid' to complete the water improvements. Work on the Water line , . should be completed on o~ before October 20, 19.98. 'The road work will be completed by the 'Town' of 'Fraser and sho~~ be. coinpleted on or before ,?ctobei 31, 1998.' . .' If you have questionS about the: proposed District, please;; 'call me at 970-726-549~. 4. . ." .. .', ... .', Sincerely, . . . . .~~ ,. .' . . .' . "'- . . ~ - . '.-;". . . .... . Chuck Reid . .. .. _~ '0.' .Town Manager . .. . .- ';.j c: . ToWn Board , . ' . . . BYERS VISTA SUBDIVISION BLOCK I lot I DeWayne and Sandra L. Rhodig Box 96 Morrison Co. 80465 lot 2 Lori L. Mount 1211 Pamela St. Sulphur, LA 70663 lot 3 Ronald M. Anderson Box 648 Fraser Co. 80442 lot 4 John Klein Box 328 ad f:t~r Winter Park Co. 80482 lot 5 . torJ.andJoanp~~ 740 1 jJP- .>ootnfield Co. 0 . ~ lot6 - .~. t. c.~ . J', IUI~_.. I . .:nuhli awrence F. Smith ~ [] 5~1" ~. ".1a17 ,j fJ . !iO ../ d~ ?()7dJJIlO Lot 7 & 8 ". Kd'.Q PMfXl t~ .[JrU4.fd 20641 Attica Rd. Olympia fields II. 60461 7tkW tJ~ 80525 ~ /OJ- JOtItj~ ~&c South portion of lots 9 and 10 Robin Wirsing Box 3233 Winter Park Co. 80482 4 . . . . . Laura Jane Steele '3827 Wood Forest Blvd. f louston Tx. 770' 5 BLOCK 2 LOT 2 Art and Josie Olson Box 244 Fraser Co. 80442 lot 3 .11U/~ ~4 - fj, lejt" lot I Marlene Schnydrig LJiL~ :(,. f:l LA' l~ Ji)lfL Box 1212 Fraser Co. 80442 lot 2 Donna N. Reece Box 356 Fraser Co. 80442 . . . . .. Memo.....ndum To: Grand County Library District From: To\\u of Fraser Date: September 8, 1998 Subject: Intergovenunental Memorandum of Understanding During a meeting held on September 4, 1998 between representatives of the Grand County Library District. the Fraser Valley Library Building Conunittee, the Walk Through History Park Foundation. and the Town of Fraser, it was determined that an intergovernmental memorandum of understanding between the Town and the District would be beneficial to clarify the myriad of issues surrounding the placement of the Jim Hoy sculpture. "Oh. I Get It!". This memorandum creates the initial draft for what will become an intergovenunental memorandum of understanding (lMOU). It is hoped that the Grand County Library District and the Fraser Town Board will agree on the central points that will make-up the I\IOLT and that, if required, these central points will be given to our respective attorneys to draft a formal Ii\<fOU. If this formality is required, a separate process for attorney drafting and review shall be addressed. The critical points that shall be included in the IMOU include: . The Jim Hoy sculpture, "011, I Get It!" shall be o\\.ned by the Town of Fraser, its successors. or assigns, and shall be subject by any precedent agreements between the Town and the artist that govern the Western Heritage Exhibit. (The Western Heritage Exhibit encompasses the 20 sculptures that are planned tor the Fraser Walk Through History Park). . The sculpture shall be one of up to three "off site" sculptures that are part ofthe Western Heritage Exhibit that are not physically located at the Walk Through History Park. . The sculpture shall be considered part of the Walk Through History Park and shall be subject to the mission and goals of the Walk Through History Park Foundation. subject to approval by the Library District. . Fraser shall insure and maintain the sculpture. Maintenance shall occur at the Fraser Valley Library's request and may be subject to approval by the To\\'n of Fraser or the Walk Tlu'ough History Park Foundation. Page Two ýÿ " , . . . Int~rgov~nul1~ntal ~kmorandum oft'nd~rstanding . The te~t ofth~ plaque that accompanies "Oh. 1 Get It!"' shall be approved by the Library District Board of Directors. the Walk Through History Park Foundation. and Jim Hoy. . The sculpture may not be modifi~d in any way \vithout approval ofth~ town ofFras~r or the Walk Through History Park Foundation. and the Library District. . The sculpture may not be moved or removed from its site (outside and innnediately south of the staffbreakroom and offices) w'ithout cons~nt of both the Library District and the Town of Fraser or the Walk Through History Park Foundation. . Any modifications to this agreement shall b~ agr~ed upon by the Library District and the Town of Fraser or the Walk Through History Park Foundation. The TO\\TI looks forward to reaching a mutually beneficial agreement with the Library District regarding this issue.