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Home My Public Portal AboutTBP 1997-10-01 I e e ! TOWN OF FRASER "Icebox of tbe Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Une: (970) 726-5518 TOWN BOARD AGENDA REGULAR MEETING OCTOBER 1, .997, 7:30 p.m~ 1, Roll call 2. I Approval of 9/17/97 minutes 3. I Open Forum I 4. Chamber of Commerce update, Catherine Ross (J 0 minutes) 5. IPublic Hearing: Adoption of Model Traffic Code 6. IAction Items (20 minutes) I a) Sign Variance Request: Bob Hills, Hills' Antiques . i b) A resolution transferring $200,000 from th~ Town of Fraser to the Fraser Valley Housing Fopndation. c) Ordinance # 236, an Ordinance regulating traffic within the Town of Fraser. I I 7. Discussion Items (60 minutes) a) Subdivision Improvement Agreement, Chuck Clayton b) The FraSer-Granba trail ~i~fJ ~ Wl.k'e((/~J1; . 8. ~iaff Choice (15 minU/eS)~' Id ~ J P(a~ a+t.- CCFN~ . f\/C ~~ ~kt 9. Board Member's Choice (no limit) Upcoming Meetings October 2nd: Joint Winter Park/Fraser budget meeting, 5:30 p.m. at Winter Park Town Hall October 7th: Fraser Sanitation District, Town Board Meeting 7:00 p.m. at Fraser Town Hall October 15th: Town Board Regular Meeting I October 22nd: I Planning Commission. Regular Meeting ~-_..- u____ . .---- -1 e - , , -J rt -~ TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 MANAGER'S BRIEFING, SEPTEMBER 26, 1997 Hi! Wednesday's meetings is highlighted by: . a public hearing to adopt the Model Traffic Code, and an ordinance enacting the same; . transferring the $200,000 donated by CCFSB to Fraser last March that was to be held in escrow until a not-for-profit housing foundation could be formed; . the announcement (and sign code variance request) of a new business in Fraser; . discussions about an old subdivision improvement agreement and a new trail. The model traffic code needs to be adopted so that we're working on the same page as Grand County's Sheriffs Department and the other towns in the County. More than anything else, the adoption of this ordinance is administrative in nature. . . The Fraser Valley Housing Foundation, Inc. has been formed and is waiting for an IRS ruling on their non-profit status (they have filed to be a 501-C-3). In the interim, they're continuing to look at a potential housing development in the Fraser Valley. They have hired a part-time staff person and have asked that we transfer the money that CCFSB (now CCFNB) gave to Fraser to hold in escrow last March. We should. . . You can now shop for antiques in Fraser! Hills' Antiques have located next to the Arctic Cat and have requested a variance to the sign code. See Catherine's memo. . . Chuck Clayton, Vicky Winter and I recently met to discuss a revised subdivision improvement agreement that was being worked-on when Clay Brown left Fraser. I'd like you to review the proposed agreement before we go any further. . . The Fraser-Granby trail advocates are requesting a commitment from the T.own on this project for next year. ':\'e'll have to talk about how we would like to participate on this project. . . Thursday, October 2nd, is the traditional joint Fraser/Winter Park Board meeting to hear grant requests -- grant applications will be distributed next week. After the meeting, we'll adjourn to Smokin' Moes to meet informally with the Winter Park Board. , ýÿ - . e e e TOWN BOARD SEPT. 17, 1997 The regul~r meeting of the Town Board was called to order at 7:30 p.m. Board present were Mayor Johnston, Swatzell, Sanders, Wirsing, Havens and Klancke. Staff present were Reid, Trotter, Winter and Stone. Wirsing made a motion to approve the minutes of the previous meeting as written, 2nd Swatzell, carried. OPEN FORUM Town Clerk Vicky Winter was surprised with presents and cake celebrating her 20 years of working for the Town. 4th Annu~1 Bus.ness and Residential Improvement A wards Mayor Johnston announced improvement awards and handed out certificate of appreciatiqn and flower gift certificates. Most Attractive Business: Crooked Creek Saloon ( 1st place) Most Attractive Business: Byers Peak Vet Clinic (2nd Place) Most IrPproved Business: Fraser Valley Ace Hardware ( 1st Place) Most IUlProved Business: Wally and Anna Alves ( 1st place) Most I~proved Business: Karen Gralow- MIc's-Ellaneous ( 2nd Place) Most Attractive Residence:, Bob and Lucille Morrow Most Improved Residence: Art and Josie Olson & Fran Cook Mayor Johnston read the list of Business's and Residential properties that received honorable mention. ACTION ITEM Liquor Lic~nserenewal Finnegans on the River Clerk reported that all documents are in order, and Sheriff's,report is favorable. Swatzell made a motion to approve the renewal ofPinnegans on the River liquor License. 2nd Havens~ carried. ýÿ e e ýÿ e e DISCUSSION ITEMS St.Onge.Annexation discussion. Cary St.O~ge owner of approx. 5.5 acres adjacent to the Town of Fraser asked if the Town wOlJld have any interest in annexation of this property. St.Onge does not have any plans for ~evelopment of this property and he stated that annexation at this time would be helpful fo a future owner as the annexation process in and of itself has eliminated some of the potential buyers he has found. St. Onge also discussed it would be his feeling that the property would be developed into affordable housing. Board was polled with regards to interest.i Board indicated an interest in having St.Onge pursue the annexation, but this indication does make any committment to annex this property. . Issues raised that will need further discussion are water rights, sewer and affordable housing designation for the property. !Board advised that this will go to Planning Commission for processing should they proceed. . Reid asked the Board members to respond to " How things were going". Each board member commented on different items. STAFFCBOICE , Reid has sfbmitted a proposed 1998 budget in the packet for review at a later date. Reid advis~d the Board that he and Trotter were meeting with Fred Fox ofFoxfire Planning c9nsultants as a potential outside consultant on the new Maryvale submittals. ! -Reid has met with Rocky Mt. Engineers and Mercy Housing regarding drainage concerns at 605 qua" Dr.. More on this issue may be comming to the Board at future meetings. , The proposed paving project will need funding and will require a ballot question atthe April election. Reid and Trotter have met with Safeway regarding the new ~tore. e e ýÿ e e BOARD CHOICE McIntyre can not serve on the Trails committee and we need a new member. Swatzell will be attending a CML meeting on Friday. Johnston asked if the search for a tenant for the Safeway building was still being pursued. Sanders is concerned with the construction trash at the new Baptist Church location. Klancke stated that Pat Howlett is interested in being on the Board of the Walk Through History Foundation. Klancke made a motio~ to appoint Pat Howlett to the foundation board, 2nd Swatzell, carried. No further .business. meeting adjo~rned at 9:30 p.m. > e . ýÿ e e TQWN OF FRASER f'Icebox of the Nation" . P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 TO: Mayor Johnston & Town ~embers FROM: Catherine E. Trotter DATE: 9/26/97 RE: Sign Code Variance Request Variance Request: On 9/24/9'7, the Planning Commission approved a proposal to allow an antique store to move into the southern portion of the Fraser Arctic Cat building. Bob and Jacque Hill are the prorrietors. They have received approval for a 20' X 2' (40 S.F.) wall sign on the U.S. 40 side of the store. They are asking for a sign code variance to allow them to display a Sttcond wall sign, measuring 6' X 2.5' (15 S.F.). This second sign would be located on the south side of the building. , The Fraset Sign Code allows the following: "One (1) fl. sh wall sign per wall not exceeding 25 square feet in area and not exceeding 100 square feet of flush wall signs. Two (2) flush wall signs may be installed on one wall not exceedipg a total of fifty (50) square feet in total area, but if two (2) such signs are placed on orie wall, no signs may be placed on remaining walls. " Staff Recommendation: The total s~uare footage of signs that the applicant is requesting is 55 square feet. Although t~e distribution of square footage per wall does not exactly fit the sign code, the total square, footage they are requesting is less than what they could display if they had four separate signs on each wall of the building.. Staff would recommend allowing the Hills to display the second wall sign on the south side of the building with the stipulation that no other wall signs be permitted for this business. The antique store will provide additional economic development within the Town, and a wall sign on the south side of the buildingi will encourage traffic to stop and shop. i ! , I I ! ýÿ e . ýÿ . e TOWN OF FRASER RESOLUTION IO-[-?1 A RESOLUTION TRANSFERRING $200.000 (pLUS ACCUMULATED INTEREST) FROM THE TOWN OF FRASER TO THE FRASER V ALLEY HOUSING FOUNDATION. Inc. , WHEREAS, op March 5. 1997, the Town of Fraser accepted a $200.000 donation from Colorado Community Fitst State Bank. said money to be held in escrow until a not-for-profit corporation ~ould be formed to address housing issues in the community; and Ad, WHEREAS. in ~ 1997, the Fraser Valley Housing Foundation, Inc.. a not-for-profit corporation was formed with Al White. Theresa Turner, Jon DeVos, Ron Jones, and Robin Wirsing currently named as the Foundation's directors; and WHEREAS, the Foundation's purpose to is to address housing needs in the Upper Fraser River Valley; and WHEREAS, t~eFoundation has provided its bylaws and articles ofincorporation tC) the Town of Fraser; and 1 WHEREAS, al~ of the obligations stipulated by Fraser Resolution 3-1-97 have been met; NOW, THEREFORE, BElT RESOLVED BY THE FRASER BOARD OF TRUSTEES THAT THE $200,000 i(PLUS ACCUMULATED INTEREST) BEING HELD IN ESCROW BY THE TOWN OF FRASER BE TRANSFERRED TO THE FRASER V ALLEY HOUSING I ., , FOUNDATION, INC.. DULY MOVED, SECONDED, AND ADOPTED TIllS DAY OF OCTOBER, 1997. I I ! TOWN OF FRASER, COLORADO By: Mayor Attest: Town C~erk , ýÿ e e ýÿ e e Fraser Vallely Housing Foundation, Inc. - P.O. BOX 2362 FRASER, CO 80442 970-726-1013 September 23, .1997 Town of Fraser Board ofTrust~s P.O. Box 120 ! Fraser, CO 80442 ! Re: Donati(m from Colorado Community First State Bank-Fraser, NKA Colorado Community First National Bank-Fraser Dear Trustees: I In February 1997, Colorado Community First State Bank-Fraser, NKA Colorado Community First National Bank-Fraser (CCFNB) presented the Town of Fraser with a donation '(Gift) of $200,000. This $200,000 "seed money" was to be held in escrow until a nonprofit corporation was formed. i ! In April 1997 the Fraser Valley Housing Foundation, Inc. (FVHF), a nonprofit cOrporation, was formed. The foundation's mission is to acquire property for the development of affordable / attainable housjng in the Fraser Valley. The FVHF volunteer board consists offive community members, inclu~ing Al White" Ron Jones, Theresa Turner, Robin Wirsing and Jon deVos. I , i The directors ofFVHF hereby request the Town of Fraser transfer the $200,000, plus accrued interest, into FVHF account #42500277248, established at CCFNB-Fraser. If you have any questions, please contact Robin Wirsing, Treasurer or,Theresa Turner, President CdFNB-Fraser. The directors qfFVHF would like to thank you for your 'assistance and support in tqis community wide effort. Sincerely, 4aYe.{J{J; Albert C. Whit~ President ýÿ e e ýÿ - e TOWN OF FRASER ORDINANCE NO. - AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE TOWN OF FRASER, COLORADO;! ADOPTING BY REFERENCE THE 1995 EDITION OF THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING PENALTIES FOR VIOLATION THEREOF; AND AMENDING THE PENALTIES APPLICABLE TO VIOLATIONS OF THE TOWN'S SNOWMOBILE REGULATIONS. WHEREAS, Section 42-4-110 (1) (b) , Colorado Revised Statutes, authorizes the Town to adopt by reference all or part of a model municipal traffic code; and WHEREAS, on April 5, 1978, by Ordinance No. 71, the Town adopted by reference the 1977 edition of the Model Traffic Code for Colorado Municipalities; and WHER~S , a 1995 revised edition of the Model Traffic Code for Color~do Municipalities has been prepared to reflect recodification of the State vehicle and traffic laws; and WHEREAS, it is in the best interests of the public safety and welfafe of the residents of the Town to adopt the 1995 edition of the Model Traffic Code for Colorado Municipalities; and WHERII:AS, the Colorado General Assembly has provided for the decriminalization of certain traffic offenses by the removal of jail as a potential penalty; and WHEREAS, it is the opinion of the Town Board of Trustees that many violations of Town traffic ordinances would be more efficiently handled as noncriminal infractions rather than misdemeanors or petty offenses, thereby allowing the Municipal Court to hear the matter without a jury; and WHEREAS, it is the opinion of the Board of Truste~s that violations of the Town's ordinances regulating snowmobiles should likewise be treated as noncriminal infractions; C:\NP\FRAS~\ORDIN\MTC95.wpd e . ýÿ e e WHERbAS, the Board of Trustees finds and determines that this Ordi ance is necessary for the public health, safety and welfare. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF F~SER, COLORADO, AS FOLLOWS: PART 1: ~ENDMENT OF TOWN CODE. Chapter 9 (Traffic), Articles 9-1 (Mode~ Traffic Code) and 9-3(Snowmobiles), of the Code of the Town of Fraser, Colorado (herein sometimes referred to as the II Town Code II ) are hereby amended as follows: 1.1 Section 9-1-1 of the Town Code is amended to read as follows: Section 9-1-1. Adoption. (1) Pursuant to Title 31, Article 16, parts 1 and 2, Colorado , Revised Statutes, as amended, there is hereby adopted by reference Articles I and II, inclusive of the 1995 edition of the IIModel Traffic Code for Colorado Municipalities, II promulgated and published as such by the Colorado Department of Transportation, Staff Trafffic and Safety Projects Branch, 4201 East Arkansas Avenue, Denver, Colorado 80222. The subject matter of the Model Traffic Cqde relates primarily to comprehensive traffic control regulatiorts for the Town. The purpose of this Article and the Code adop~ed herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulatioIls throughout the state and the nation. (2) One copy of the Model Traffic Code adopted herein is now filed in the office of the Town Clerk and may be inspected during regular business hours. (3 ) This Article and the Model Traffic Code adopted herein shall apply to every street, alley, sidewalk area, driveway, park and to every o;ther public way or public place or public parking area, either within or outside the corporate limits of the Town of Fraser, the use of which the Town of Fraser has jurisdiction over and authority to regulate. The provisions of sections 1401, ,... 2- ýÿ e e ýÿ e e I 1402, 14~3 of the Model Traffic Code, respectively, concerning reckless Idriving, careless driving, unauthorized devices, and eluding ~ police officer, shall apply not only to public places , and ways but also throughout the Town of Fraser. (4) To the extent the term "Model Traffic Code" or "Traffic Code" .is used elsewhere in the Fraser Town Code or the Ordinances of the Town of Fraser or any of its Rules or Regulations, that term is hereby deemed and ordained to refer to the 1995 revised edition of the Model Traffic Code for Colorado Municipalities, as adopted and modified by this Ordinance. 1..d Section 9-1-2 of the Town Code is amended to read as follows: Section 9-1-2. Additions or Modifications. (1) The ~aid 1995 Edition of the Model Traffic Code is subject to the following additions or modifications: (a) Section 1701(1) of the Model Traffic Code is hereby amended to read as follows: It is a traffic infraction for any person to violate any of the provisions of this Code unless such violation is, by any provisions of this Code or by any other law of this I;3tate, declared to be a misdemeanor traffic offense. Such a traffic infraction shall constitute a civil matter. A person charged with a traffic infraction shall be issued a pena+ty assessment notice in accordance with Section 1709 of the Model Traffic Code, as adopted by the Town of Fraser. (b) Section 1709 of the Model Traffic Code is amended by the addition of new subsections (6) , (7) , (8) and (9) , which shall read as follows: (6) Payment of a penalty assessment notice by the person to whom the notice is tendered shall constitute an acknowledgment of guilt by such person of his or her violation of the offense stated in such notice. - 3 - .-- . - . - - -~ - - ýÿ e e ýÿ e e (7) Payment of the prescribed fine shall be deemed a complete satisfaction for the violation, and the Town, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof. Checks tendered and accepted and on which payment is received shall be deemed sufficient receipt. (8) Should the defendant charged by a penalty asse~sment notice accept the notice but fail to pay the prescribed penalty thereon within twenty (20) days thereafter, he or she shall be allowed to pay such penalty thereon and the maximum court costs permitted for municipal courts under state law to the clerk of the Fraser Municipal Court prior to the time for appearance as specified in the notice. (9) The provisions of Section 42-2-127(5.5), Colorado Revised Statutes, are hereby made applicable to penalty asse~sment notices issued pursuant to this Article, as follOws: (a) If a person receives a penalty assessment notice for a violation under Section 1701 of the Model Traffic Code, as adopted by the Town of Fraser, and such person pays the fine and surcharge for the violation on or before the date the payment is due, the points assessed for the violation are reduced as follows: (i) For a violation having an assessment of three or more points under Section 42-2-127(5), Colorado Revised Statutes, or any successor statute, the points are reduced by two points; (ii) For a violation having an assessment of two points under Section 42-2-127(5), Colorado Revised Statutes, or any successor statute, the points are reduced by one point. (c) In accordance with the provisions of Sections 1101 and 1102 of the Model Traffic Code, and when official signs are - 4 - ýÿ e e ýÿ e e erected giving notice thereof, the prima facie speed limit shall be as specified for the following streets or portions thereof within the Town of Fraser: Name of Street Portion Affected Speed Limit (Terminal Limit) Leonard Lane North of the South Line of 15 MPH Fraser Avenue Norgren North of the South line of 15 MPH Fraser Avenue Eastom Between Leonard Lane and 15 MPH Norgren All other Streets All portions within the Town 20 MPH within the Town, limits except U.S. Highway 40 (Zerex Avenue) U.S. Highway 40 East bound traffic from 40 MPH (Zerex Avenue) North Town limit for a distance of 0.072 miles. U.S. Highway 40 East bound traffic from 35 MPH (Zerex Avenue) the last-referenced point on U.S. Highway 40, for a distance of 0.493 miles. U.S. Highway 40 East bound traffic from 45 MPH (Zerex Avenue) the last-referenced point on U.S. Highway 40, for a distance of 0.403 miles. U.S. Highway 40 East bound traffic from 55 MPH (Zerex Avenue) the last-referenced point - 5 - ýÿ e e ýÿ e It on U.S. Highway 40, for a distance of 0.731 miles. U.S. Highway 40 East bound traffic from 45 MPH (Zerex Avenue) the last-referenced point on U.S. Highway 40, for a distance of 0.245 miles. U.S. Highway 40 East bound traffic from 35 MPH (Zerex Avenue) the last-referenced point on U.S. Highway 40 to the South Town limit. U.S. Highway 40 West bound traffic from 45 MPH (Zerex Avenue) South Town limit for a distance of 0.148 miles. U.S. Highway 40 West bound traffic from 55 MPH (Zerex Avenue) the last-referenced point on U.S. Highway 40, for a distance of 0.689 miles. U.S. Highway 40 West bound traffic from 45 MPH (Zerex Avenue) the last-referenced point on U.S. Highway 40, for a distance of 0.560 miles. U.S. Highway 40 West bound traffic from 35 MPH (Zerex Avenue) the, last-referenced point on U.S. Highway 40 to the North Town limit. 1.3 Section 9-1-3 of the Town Code is amended to read as follows: Section 9-1-3. Civil and Criminal Violations; Right to Jury Trial. - 6 - ýÿ e e (1) It is a criminal traffic offense for any person to violate any of th~ following provisions of the "Model Traffic Code for Colorado Municipalities" as adopted by the Town of Fraser: (a) Section 1101(1), Speed limits, where the violation charged is driving more than twenty (20 ) miles per hour in excess of the reasonable and prudent speed or in excess of the lawful speed limit; (b) Section 1105, Speed contests; (c) Section 1401, Reckless driving; (d) Section 1402, Careless driving; (e) Section 1413, Eluding or att$mpting to elude a police officer; (f) Section 1903(1), School buses-stops-signs-passing. (2) Except for those violations classified as criminal traffic offenses pursuant to subsection (1) , all violations of this Article or of the "Model Traffic Code for Colorado Municipalities" as adopted by the Town of Fraser are hereby classified as noncriminal traffic infractions which shall be deemed to be civil matters. The Colorado Municipal Court Rules of Procedure shall apply to proceedings in which the defendant is charged with such a noncriminal traffic infraction, except that no warrant. for arrest shall be issued for the defendant's failure to appear when the only violation charged would constitute a noncriminal traffic infraction. Instead, the Court may enter a judgment of liability by default against the defendant for any such failure to appear; assess any penalty and costs established by law; and report the judgment to the State Motor~Vehicle Division which may assess points against the defendant's driving privileges and may deny an application for or renewal of the defendant's driver's license until the judgment and all other lawful costs are satisfied. Further, no writ of mittimus shall issue where the only basis for the fine and costs imposed was the finding of guilty or liability for a noncriminal traffic infraction. - 7 - ---------- -- -- ~- . e (3) Any defendant charged with a criminal traffic offense, as defined in subsection (1) , shall have the right to demand a trial by jury upon compliance with the provisions of State law and the Colorado Municipal Court Rules of Procedure. No defendant shall have a right to a trial by jury for any noncriminal traffic infraction, as defined in subsection (2) . In the event that a defendant is charged with more than one traffic violation arising out of th~ same incident and at least one of the charged violations is listed in subsection (1) above, the defendant shall have the right to demand a trial by jury as to all such offenses, which sha~l be consolidated for purposes of trial. I 1.4 Section 9-3-12 of the Town Code, concerning penalties for violation of the Town's snowmobile regulations, is amended to read as fqllows: Section 9"';3-12. Penalties and Enforcement. (1) Any ~erson admitting liability for, found to be guilty of, or against whom a default judgment has been entered for a violation !of this Article, shall be subject to a civil penalty of not more than three hundred dollars ($300.00) . Proceedings for the determination of such liability and imposition of such civil penalty shjall be conducted in the Municipal Court in the same manner as proceedings relating to noncriminal traffic infractions, in accordance with the provisions of Chapter 9, Article 9-.1 of the Fraser Town Code. In no case shall any defendant found guilty of any violation of this Article be punished by imprisonment for such violation. PART 2: PENALTY CLAUSES. The following section of the Code of the Town of Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance, and such section is herewith set forth in full and hereby enacted: Section 9-1-4. Penalties. (1) The fpllowing penalties shall apply to traffic offenses and infractions under this Article: - 8 - I - --- ---- . . 1 ýÿ e e (a) Any person convicted of a criminal traffic offense, as defined in Section 9-1-3(1), shall be punished by a fine not exceeding Three Hundred Dollars ($300.00) , or by imprisonment for not exceeding ninety (90 ) days, or by both such fine and imprisonment; (b) Any person admitting liability for, found to be guilty of, or against whom a default judgment has been entered for any noncriminal traffic infraction, as defined in Section 9-1-3 (2) , shall be fined in an amount not exceeding Three Hund~ed Dollars ($300.00). No defendant found to be guilty of any noncriminal traffic infraction shall be punished by imprisonment for such infraction. PART 3: ~EPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance or the said Codes adopted herein is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance or said Codes. The Town of Fraser hereby declares that it would have adopted this Ordinance and said Codes, and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 5: EMERGENCY CLAUSE; EFFECTIVE DATE. The Board of Trustees finds and determines that this Ordinance is necessary for the immediate preservation of the public peace, health or safety, in order to provide for the proper regulation of traffic within the - 9 - e e ýÿ e e Town. This Ordinance shall therefore take effect immediately upon its adoption by the affirmative vote of three-fourths (3/4) of the members of the Board of Trustees, as provided by law. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AFTER PUBLIC HEARING AND SIGNED THIS day of , 1997. Votes in favor: BOARD OF TRUSTEES OF THE - Votes opposed: TOWN OF FRASER, COLORADO - Votes abstained: - BY: Jeff Johnston, Mayor ATTEST: (SEAL) Virginia Winter, Town Clerk Published in the Winter Park Manifest on , 1997. - 10 - C,\WP\FRASER\ORDIN\MTC95.wpd ýÿ e e ýÿ e e TOWN OF FRASER r'lcebox of the Nation" I P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 I (970) 726-5491 FAX Line: (970) 726-5518 I ! August 28, 19~7 Greg and Tina Blair d/b/a Sharky'sEatery P.O. Box 264 , Fraser, CO 80442 Dear Greg and Tina: Fraser's Town Attorney, Rod McGowan, reviewed and made changes to the parking lease originally draft~d by your attorney, Georgi'a Noriyuki. Mr. McGowan has recommended that the lease be signed as it has been transmitted with this letter to you, with no additional changes: the Town Board haisapproved Rod's recommendation and the attached lease. Please also note that the lease expires on December 31st of this year as the Town attempting to match the duration of all its leases with the calendar year. Please sign one copy of the lease and return it to the Town by Friday, October 3, 1997. The lease represents Fraser's commitment to a shorHenn parking solution at Sharky's. As we have discussed, the Town looks forward to working with you on a long term parking solution. Sincerely, , ~ Chuck Reid Town Manager c Mayor Johnston and Members of the Fraser Board Rod McGowan .-.--- --.-- --. ...- ---- ýÿ l a ... . LEASE THIS LEASE is made this day of September, 1997, between TOWN OF FRASER, a municipal corporation (the "Lessor") and GREG BLAIR and TINA BLAIR, d/b/a SHARKY'S EATERY (the "Lessee"). In consideration of the payment of the rent and the performance of the covenants and agreements by the Lessee set forth below, the Lessor does hereby lease to the Lessee the parking area, as presently delineated, consisting of approximately 1,200 square feet in the Northwest comer of the following described property, adjacent to Doc Susie Avenue, situation in the County of Grand, in the State of Colorado, the description of which is: SEE EXHIBIT ~ ATTACHED HERETO also known as street address: 213 Xerex Street, Fraser, Colorado 80442 (hereinafter sometimes referred to as the "premises" or the "property") TO HA VB AND TO HOLD the same with all the appurtenances unto the said Lessee from twelve o'clock noon on the 1st day of October, 1997, until twelve o'clock noon on the 31st day of December, 1997, at and for a rental for the full term of $30.00, payable in 3 installments of$lO.OO, on or before twelve o'clock noon on the 1st day of each calendar month during the term of this lease at the office of the Lessor at P.O. Box 120, 153 Fraser Ave., Fraser, Colorado 80442, without notice. The first months rent in the amount of$10.00 shall be due upon execution of this lease agreement. The Lessee, in consideration of the leasing of the premises agrees to pay the rent for the premises above-described. Lessee agrees to obtain and keep in force, at Lessee's expense, during the entire term of this Lease, a policy of comprehensive general public liability and property damage insurance providing coverage against all claims for personal injury or property damage that may arise out of Lessee's use of the premises, in amounts of not less than $150,000.00 for injury to one person in any single occurrence and not less than $600,000.00 for injury to two or more persons in any single occurrence, as such amounts may be recoverable under C.RS. 24-10-114(1). In the event the amounts recoverable under said C.R S. 24-1 0-114( 1) shall be increased in the future, Lessee shall obtain a corresponding increase in such liability insurance coverage. Such liability insurance policy shall include lessor as an additional named insured thereunder during the term of this Lease. The policy shall provide that such coverage shall not be canceled without ten (10) days written notice to Lessor. Lessee agrees to provide proof of the insurance coverage to Lessor with ten (lO) days after execution of this Lease. The parties understand and agree that Lessor is relying on, and does not waive or intend to waive by any provision of this Lease, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.RS. 24-10-101 et seq., as from time to time amended or otherwise available to Lessor and its officers and employees. r . g . The Lessee agrees to neither hold nor attempt to hold the Lessor liable for any injury or damage, either proximate or remote, occurring through or caused by the repairs, alterations, injury or accident to the premises, or adjacent premises, or other parts of the above premises not herein demised, or by reason of the negligence or default of the owner or occupants thereof or any other person, nor to hold th~ Lessor liable for any injury or damage occasioned upon said premises or upon adjacent premises to neither permit nor suffer said premises to be used for any purpose which. would render the insurance thereon void or the insurance risk more hazardous, nor to make any alteration to the premises, except to permit the Lessee to level and gravel the leased premises as needed Lessor may enter upon the premises at any time, with or without notice to Lessee. Lessee shall indemnify and hold Lessor harmless from and against all liabilities, losses, claims, damages and expenses, including reasonable attorney fees, incurred or suffered by Lessor as a result of: (a) failure by Lessee to perform any covenant required to be performed by Lessee hereunder; (b) any accident, injury, or damage which shall happen on or about the premises or on the adjoining streets, sidewalks or other appurtenances thereto resulting from or connected in any manner with Lessee's use ,of the premises; and (c) failure by Lessee to comply with any requirement of any governmental authority. Lessee agrees to accept the premises "as is"; and Lessor makes no warranty or representation, express or implied, with respect to the mechantability, condition, quality, design, operation, fitness for a particular purpose, or workmanship of the premises, in any respect whatsoever. Without limiting the generality of the foregoing, Lessee is aware that the premises have been contaminated by leaking petroleum storage tanks; and Lessee agrees to release and indemnify Lessor from and against any injury, loss, or expense that may be suffered or incurred by Lessees or Lessee's customers, guests or invitees on account of such contamination Lessee agrees that its rights under this Lease shall be subject and subordinate to Lessor's obligation to provide for the health, safety, and welfare of all Fraser residents and businesses, and the Lessor's right to take all necessary and appropriate actions to remediate the contamination of the premises and adjacent lands. Lessor may require Lessee to temporarily cease using the premises, or Lessor may terminate this Lease upon three (3) days written notice if, in Lessors sole judgment, such action is necessary to accommodate the planning or implementation of corrective action regarding such contamination of the premises. The rent provided herein shall be abated for any period during which Lessee is denied use of the premises pursuant to this provision. Notwithstanding anything in this lease to the contrary, the Lessor reserves the right to terminate this lease without cause at any time upon not less then 10 days written notice to Lessee. IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LESSOR AND LESSEE AS FOLLOWS: 1. Any and all improvements, additions, alterations or modifications maqe to the property shall remain upon and a part of the premises upon expiration or termination of this Lease or any extension thereof and shall become the property of the Lessor. 2. No assent, express or implied, to any breach of anyone or more of the agreements herein contained shall be deemed or taken to be a waiver of any succeeding or other breach. , . . , 4. If any part of the rent reserved hereunder is not paid, then the Lessor may, without being obligated to do so, and without terminating this Lease, retake possession of the said premises and rent the same for such rent, and upon such conditions as the Lessor may think best, making such changes and repairs as may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs and any attorney's fees and costs incurred, and the lessee shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease. 5. If any part of the rent provided to be paid herein is not paid when due, or if any default is made in any of the agreements by the Lessee contained herein, it shall be lawful for the Lessor to declare the term ended, and to enter onto the Premises, either with or without legal process, and to remove the Lessee or any other person on the premises, using such force as may be necessary, without being liable to prosecution, or in damages therefor, and to reposess the premises free and clear of any rights of the Lessee. If, at any time, this Lease is terminated under this paragraph, the Lessee agrees to peacefully surrender the premises to the Lessor immediately upon termination, and if the Lessee agrees to peacefully surrender the premises to the Lessor immediately upon termination, and if the Lessee remains in possession of the premises, the Lessee shall be deemed guilty of forcible entry and detainer of the premises, and waiving notice, shall be subject to forcible eviction with or without process of law. The Lessor shall be entitled to recover from the Lessee all damages by reason of the Lessee's default, including but not limited to the cost to recover and repossess the premises, including reasonable attorney's fees and costs. 6. In the event either party to this Lease is required to retain the services of an attorney in order to enforce any of the terms of this Lease, whether or not litigation is initiated, the prevailing party shall be entitled to all reasonable attorney's fees and costs incurred by him in addition to other damages or costs. 7. In the event any payment required hereunder is not made within ten days after the payment is due, a late charge in the amount of five percent (5% of the payment shall be paid by Lessee. 8. This Lease is made with the express understanding and agreement that, in the event the Lessee becomes insolvent, or is declared a bankrupt, then, in either event, the Lessor may declare this Lease ended, and all rights of the Lessee hereunder shall terminate and cease. 9. This Lease shall be binding on the parties, their personal representatives, executors, successors and assigns. 10. Should any provision of this Lease violate any federal, state or local law or ordinance, that provision shall be deemed amended to so comply with such law or ordinance, and shall be construed in a manner so as to comply. 11. In the event the premises shall become untenantable on account of damage by fire, flood or act of God, this Lease may be thereupon terminated and the rent apportioned to the date of the occurrence of such damage. ýÿ . . . . $ IN WITNESS WHEREOF the Lessor and Lessee have executed this Lease the day and year first above written. LESSOR: LESSEE: TOWN OF FRASER, a Municipal Corporation, By Jeff Johnston Greg Blair Mayor Attest Vicky Winter Tina Blair Town Clerk ýÿ "'.". . - .. . . _. --- - ýÿ ~. . . >' " '~~ /../ ., / ;# -- -< /- '" /' '. <"- ------ ../' "..- ------ ~ - ---~ ....- J....,., ~ 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 September 22. 1991 Leigh Wilson 1131 Eo' Walsh Place Denver, CO 80224 Dear Leigh: Thank you for meeting to discuss concerns you have about the drainage surrounding 605 and 609 Quail Drive a'nd water in the crawlspace of the same duplex. Neither Rocky Mountain Engineering, Mercy I lousing, nor the Town of Fraser believe that they have created the situat(..l you presented, the geological formation of the Fraser River Valley has an extraordinary high water tuble and is tilled with underground water ways. Your physical location in further compounded by u myriad of compounding issues: utilily corridors,! trench drains, a neighbors broken outdoor water spigot, a water augmentation pond that is suspected of leaking, the rechanneled Fraser River (whose channel was changed during the construction of Quail Drive residences and the Sun I~ivcr development), and so on. Be that as it Jay, the three entities arc willing to attempt to solveyour problem, and ofter the following three options: Om!on_l: The three entities will sharc in the costs to install and operate a "wet well" that would be located in the southeast corner of your property (or if available and prclcrred, within the utility corridor). The well would be sighted so that it becomes a collection point lin drainuge patterns that you allege are resulting in water in your crawlspace. Furthermorc, and at the earliest possible date, the Town will compl~lc comprehensive drainage improvements on Quail Driv~. The costs li)r these improvements is estimated at over $7,000 tin the wet well construction and tens of thousands Ihr th~ general street drainage improvements. In return, li)r completing this option, the three entities would wam an indemnification release from you and Byron. --~ - - ~_. ._------ - _._.--~~- - --. ----- ----- -~------ ýÿ ',- ~ " 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 September 22, 1997 Leigh Wilson 7131 E.' Walsh Place Denver, CO 80224 Dear Leigh: Thank YOll for meeting to discuss conccrns you havc about the drainage surrounding 605 and 609 Quail Drivc a'nd water in the crawlspace of the same duplex. Neither Rocky Mountain Engineering, Mercy I lousing, nor the Town of Fraser belicve that they havc creatcd thc situation you presenkd, the gcological formation of the Fraser River Valley has an extraordinary high wilter tuhlc and is filled with underground water ways. Your physicallociltion in further compounded by a myriad of compounding issues: utility corridors, french drains, a neighbors brokcn outdoor watcr spigot, a water augmcntation pond that is suspected of leaking, the rechanneled Frascr River (whose channel was changcd during the construction of Quail Drivc residences and the Sun River development), and so on. Be that as it may, the three entities are willing to attempt to solve your problem, and oller the following three options: OmiillLl: The three entities will share in the costs to install and operate a "wet well" that would he located in the southeast corner of your property (or if available and preJerred, within the utility corridOr). The well would be sightcd so that it becomes a collection point rllr drainage pattcrns that you allege are resulting in watcr in your crawlspace. Furthermore, and at the carliest possible date, the Town will complete comprehensive drainage improvements on Quail Drivc. The costs fill' these improvements is estimated at over $7,000 fllr the wet well construction and tens or thousands f(n the gencral street drainage improvcmcnts. In return, Ji)r completing this option, the three entities would wam an indcmniJ1cation release from you and Byron. ýÿ II, \~ e . . - ýÿ "" .... . r" . - Page Two 605 Quail Drive drainage Option 2: The three entities will share the costs with you and Byron tor the hiring of an independent engineer who's task it would he to identify the problem. This cost share would be based on a 50/50 split (I~ME, Mercy, Fraser collectively pay 50%, you and Byron pay 50%). Option 3: You submit an insurance claim to the Town of Fraser and we will hand it over to our insurance carrier. I look forward to hearing from you soon. Sincerely, ~~L Chuck Reid Manager c: Byron Pascal Teri Marquantte, Mercy Housing i i Eddie Muniz, Mercy Housing i Dick Suedkamp, Rocky Mountain Engineering Jim Ward Mayor Johnston and Fraser Trustees Rod McGowan ... 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