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HomeMy Public PortalAboutTBP 2015-08-19Town Board Briefing August 19, 2015 Please note that members of the Town Board will have dinner together starting at 5:30pm. The Board will begin the meeting at 6pm with an executive session regarding water matters that is anticipated to conclude by 7pm. In the packet you will find briefings and related materials for most of the agenda items, excluding the following: Mary's Pond Access and Operations Agreement. As discussed during the last meeting, we have been working with Rendezvous and Grand Park to resolve this matter. On August 12th we received additional comments from the developers and will forward the draft agreements to the Board via our water attorney on Friday. As discussed recently, we have partnered with the Town of Winter Park to retain Ehlers for some ballot consultation services. Ehlers will be attending the meeting and providing a presentation that was provided to the Winter Park Council at their recent meeting. Pending this discussion, we would also propose that the Board consider another ballot question regarding broadband services and an IGA with Grand County to conduct an election. As always, feel free to contact me if you have any questions or need any additional information. Jeff Durbin Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Town Manager Newsletter August 12, 2015 Organizational Matters It's been quite a busy summer here in Fraser, and staff has been working hard to manage a wide variety of important and significant projects. Community Matters CR 804 Construction update (as of 8/11): The majority of storm sewer infrastructure is complete with a few items left to complete. Road subbase section has been placed in all trenches including the trenches crossing the road. Phase 3 Road construction is scheduled to begin August 12th. CR 804 will be limited to one way traffic during construction. The project is anticipated to be complete by late September. US Highway 40 Construction update (as of 8/11 Paving operations are underway and are anticipated to be completed August 12th. Striping is scheduled to be painted immediately after paving is complete. Signal mast arms are scheduled to be installed Thursday and Friday (August 13-14). There will be temporary road closures of up to 30 minutes for 4 — 6 separate incidents. Mast arms are not to be installed from 11:30 to 1:30 to avoid lunch traffic. It's been a frustrating project for all of us. It's been especially difficult trying to balance the needs of adjacent businesses and the travelling public against the contractor's desire to press the project toward completion. However, we are nearing the finish line! Coffee with the Mayor Coffee with the Mayor is scheduled for August 181h between 9-11 am at Town Hall. This is an informal opportunity for residents and business owners to discuss any matters of interest, and for us to get to know the community better. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Planning The Business Enhancement Grant program has been very popular this year as a result of our increased efforts to market the program. The purpose of the initiative is to establish a fund that can be utilized by local businesses and/organizations to enhance the character of their property and/or business, help improve the economic vitality of the Fraser business community and to encourage investment, pride and a sense of ownership in the community. The grant is an incentive program for ongoing community revitalization and provides initiatives to improve the overall appearance of Fraser, especially along important corridors. To date, the Town of Fraser has approved funding for the following businesses and/or organizations in town: Rocky Mountain Moonshine, Fraser Wash House, Fraser Hair Company, and the Cozens Ranch Museum. We anticipate that the Town Board will be reviewing several more grant applications yet this summer and fall. Fraser River Pedestrian Bridge Project: Getting ready to make some progress on the pedestrian bridge. Thanks to Great Outdoors Colorado and the $136,000.00 dollars we were awarded, we will soon begin our project of constructing a pedestrian bridge over the Fraser River which will provide additional access to the multi -use recreational area known as Cozen Ranch Open Space. The project will benefit and be utilized by non - motorized trail users. Fraser views trails as community assets and will continue to seek opportunities to improve our trail system which will in turn improve the quality of life and livability in our community! Grand County Economic Development: This September, Grand County Economic Development is offering classes to expand your vision! "Together we can educate, collaborate and elevate each other to new heights." Please visit grandforbusiness.com to learn more about the Grand Economic Summit, Grand Water Discovery and If Walk Ran Your Organization. Planning Commission The Planning Commission is in receipt of a major subdivision proposal: The Meadows at Grand Park. Grand Park Development LLC, the applicant, is proposing 30 single family dwellings on 11.4 acres on Planning Area 3WC. The project is located adjacent to US 40 and Old Victory Road in Cozens Meadow and is zoned Planned Development District. The Planning Commission will review the Final Plat at a public hearing scheduled for August 26, 2015. The commission is also in receipt of a Development Permit/Final Plan for North Retail at Grand Park: Meyers Subdivision Lots 1 and 2 and part of Planning Area 4W of the Grand Park Planned Development District. Grand Park Development LLC, the applicant, is proposing 190,000 square feet of retail on 27 acres. The project is located on either side of County Road 72 and east of the Union Pacific Railroad and is zoned Planned Development District (mixed use) and Business. The Planning Commission continued this public hearing until August 26, 2015. N Police July was a very busy month for the Police Department. With road construction occurring literally from one end of our jurisdiction to the other, we spent a significant amount of time dealing with traffic issues. Responding to a total of 401 calls for service, we surpassed July of last year by almost 10%, and nearly set a new record for monthly calls. 147 of these calls happened in Fraser, and 217 occurred in Winter Park. The remainder were other agency assists. We also issued a total of 37 traffic citations (Fraser-13/WP-24) in July. Of these calls, we completed a total of 74 incident reports. Below are the major incidents we responded to during the month. Criminal Traffic Violations (including DUI) — 11 Theft — 10 Accidents — 9 Harassment/Disorderly Conduct - 6 Felony Assault - 1 The increase in visitors to Grand County has impacted all of Grand County. Calls for service are up county wide this year as well. Total calls for first responders in Grand County thus far in 2015 have surpassed 10,250 vs 8650 at this time last year. Public Works WATER: Annual review of our Design and Construction Standards continues. SANITARY SEWER: The Public Works Department is preparing public communications for the start of the sanitary sewer rehab and replacement project. Anderson Services (sewer line cleaning and video contractor) have completed the 2015 scheduled maintenance work. STREETS: Trail Seal Coat proposals: See PW's Briefing for details. This item has been placed on Consent Agenda. The department has received three proposals, two local and one Front Range. Public Works staff continues with drainage swale maintenance in Rendezvous. Grand Valley Flooring- Update: Base course pavement for the highway access improvements are scheduled to take place week of 8/10, top lift to happen week of 8/17, weather dependent. GARDNER: The Public Works Department received several glowing compliments regarding the planters and beds and how awesome they look!! Also, the Leaving Planet Earth signs were placed for the Leaving Planet Earth event which was appreciated by the attendees. However, not everyone was so pleased as we had a call from CDOT inquiring why we were installing "official looking unofficial signs." Crews continue to attack noxious weeds, weather dependent. GENERAL: Pre -construction meeting with pedestrian bridge contractor is scheduled for Monday August 17, 10:30. Work to commence same week. Social trail improvements will follow. CenturyLink will be performing fiber optic bore operations at the intersection of SH40 and CR72 and surrounding areas for Murdoch's. Date TBD. There will be minor traffic impacts and one right lane closure at the right -in to CR72 from EB 40. Snow & Ice Truck engine repairs: See PW's Briefing for details. This item has been placed on Consent Agenda. Xcel Energy Update: Pilot hole took longer than anticipated due to cobble. It was completed on 8/1. First ream nearly complete. Final ream and pipe pull scheduled for Monday August 10th, with potential for extended work hours. Door hangers will be put on all homes/condos within 600' of Wapiti and CR8. New gas pipe main tie-in on east shoulder of Wapiti Dr. is tentatively scheduled for Thursday/Friday Aug 13/14th. Site restoration work is anticipated for the week of August 17th. For Further Information Please feel free to contact me Jeff Durbin 970-726-5491 x202 jdurbin@town.fraser.co.us E FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, July 29, 2015 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Mayor Peggy Smith; Mayor Pro -Tem Philip Vandernail; Trustees; Eileen Waldow, Katie Soles, Cody Clayton Taylor and Andy Miller Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; Public Works Director Allen Nordin; Town Planner, Catherine Trotter; Police Chief, Glen Trainor, TA McGowan and Asst. Town Manager Bektur Sakiev Others: See attached list Mayor Smith called the meeting to order at 6:00 p.m. Regular Meeting: Roll Call 2. Approval of Agenda: Trustee Soles moved, and Trustee Vandernail seconded the motion to approve the agenda. Motion carried: 6-0. 3. Executive Session: For a conference with the Town's Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4) (b) and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) regarding water/sewer matters and Development matters and to include TA McGowan, Special Counsel Thorne, TM Durbin, PWD Nordin, TP Trotter and TC Berger. Trustee Taylor moved, and Trustee Soles seconded the motion to enter executive session. Motion carried: 6-0. Enter: 6:01 p.m. Exit: 7:05 p.m. Attorney's Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B). As the attorney representing the Town of Fraser, I am of the opinion that the entire Executive Session, which was not recorded, constituted a privileged attorney-client communication. Rod McGowan, Town Attorney Page 2 of 4 Trustee Vandernail moved, and Trustee Soles seconded the motion to exit executive session. Motion carried: 6-0. 4. Consent Agenda: a) Minutes — July 15, 2015 b) Resolution 2015-07-04 Approving a Business Enhancement Grant for Cozens Ranch Museum Trustee Waldow moved, and Trustee Vandernail seconded the motion to approve the consent agenda. Motion carried: 6-0. 5. Open Forum: 6. Public Hearings: 7. Discussion and Possible Action Regarding: a) Resolution 2015-07-03 Approving Elk Creek at Grand Park Final Plan and Final Plats Filings No. 1 and Filing No. 2, Planning Area 5W Grand Park Scott Albertson and Clark Lipscomb, representing Grand Park, addressed the Board regarding concerns they had with conditions on Resolution 2015-07-03. Terry Stanford, representing Rendezvous, requested the Board revisit condition #10 regarding Mary's Pond Access agreement. The Town Board of Fraser, Colorado hereby approves the Final Plan and Final Plats Filing No. 1 and Filing 2 for Elk Creek at Grand Park, Grand Park PDD with the following conditions: 1. The applicant shall provide written documentation from the USACE confirming that the applicant is in compliance with the requirements to fill within the waters of the United States on Elk Creek within Grand Park Planning Area 5W prior to building permit issuance. 2. The Final Plan and plats boundaries encompass parts of Planning Area 23W, 4W.1 and 4W.2, thus the Final Plan title should reference those areas. Revise accordingly. 3. All engineering documents to be approved by Town Engineer. 4. All legal documents to be approved by Town Attorney. 5. A Subdivision Improvement Agreement (SIA) shall be provided prior to recordation of each Final Plat. 6. The SIA required improvements and collateral associated with those improvements shall be subject to Town Engineer and Town Attorney approval prior to execution and the schedule for completion of said improvements shall be within one (1) year of execution of the SIA. 7. Payment of all applicable fees 8. The Final Plan and Final Plats Filing No. 1 shall be executed and recorded within one hundred twenty (120) days of this resolution. The Final Plats for subsequent Page 3 of 4 Filings must be executed and recorded within five (5) years of this resolution or they shall expire unless an extension is approved by the Board of Trustees. 9. Provide 911 Mylar and electronic copy of the plat in accordance with the Subdivision Regulations and updated title commitment. 10. Prior to plat recordation, Grand Park must sign the Mary's Pond Access and Operations Agreement. 11. The Board of Trustees authorizes the Town Manager and Town Attorney to negotiate the final terms of the conservation easement and to authorize appropriate Town officials to accept and execute such easement upon approval of the terms thereof by the Town Manager and Town Attorney. 12. Change General Note #15 on the Final Plan to state the following: Elk Ranch Road shall be improved from CR72 through Filing No.1 as a twenty- four foot (24') wide all-weather surface (CDOT Class 6 road base) access road constructed to the lines, grades and vehicle weight loading requirements of the Town of Fraser Design and Construction Standards for a Local Street. This roadway improvement shall be included in the SIA for Filing No.3. At the completion of Filing No. 4 the all-weather surface access road shall be paved in accordance with Town of Fraser Standards and said improvements shall be included in the SIA for Filing No. 4. Until such time as the access road is paved, it shall be maintained by the HOA or Developer for year-round public access. This does not satisfy the PDD requirement to connect County Road 72 and Old Victory Road unless a trail/sidewalk connection from County Road 72 to Old Victory road is provided. 13. The Town is not requiring formal identification of an easement for the Elk Creek Ditch No. 2, at this time. However, by virtue of its ownership of decreed Elk Creek Ditch No. 2 water rights, the Town owns, and claims, all rights-of-way and easements associated with, or used for, the historical delivery of the water associated with these water rights. 14. Complete attainable housing unit audit in accordance with the Cornerstone Attainable Housing Plan no later than October 31, 2015. Prior to approving the final plat for Filing 3 or October 31, 2016, whichever comes first, the Town and Grand Park will work together to discuss sufficient market demands, negotiate the terms of the deed restriction program and discuss potential incentives. Trustee Soles moved, and Trustee Vandernail seconded the motion to approve Resolution 2015-07-03 Approving Elk Creek at Grand Park Final Plan and Final Plats Filings No. 1 and Filing No. 2, Planning Area 5W Grand as amended. Motion carried: 6- 0. b) Rendezvous Request to Amend Resolution 2015-06-01 Conditions of Approval for East Mountain Filing 9 Terry Stanford, representing Rendezvous, addressed the Board regarding the request to change the conditions of approval for East Mountain Filing 9 regarding the Mary's Ponds Access and Operations Agreement. No action was taken by the Board regarding Rendezvous' request. TA McGowan, TP Trotter, PW Director Nordin and AM Sakiev were excused from the meeting. Page 4 of 4 C) Transit Enhancements and Funding Staff' recommends Fraser embrace the opportunity to implement a year round public transit system (which would also include bus fleet upgrades), while partnering with the Town of Winter Park and that a new revenue source to fund these services be identified. The Town of Winter Park has retained Ehlers to assist with some strategic planning discussions relative to funding solutions and ballot questions. It might be cost effective collaboration for Fraser to partner with Winter Park on this effort should the Town Board desire such assistance, and Winter Park is open to that opportunity. The Trustees directed staff to partner with the Town of Winter Park in retaining Ehlers to assist with some strategic planning discussions relative to funding solutions and ballot questions. 8. Other Business: CML Policy Committee appointee will remain Trustee Waldow. Trustee Vandernail moved, and Trustee Soles seconded the motion to adjourn. Motion carried: 6-0. Meeting adjourned at 9:35 p.m. Lu Berger, Town Clerk TOWN BOARD REGULAR MEETING REGISTRATION SHEET July 29. 2015 The Public Forum is an opportunity for the public to present their concerns and recommendations regarding Town Government issues to the Town Board. Those wishing to address the Town Board will be allowed a five-minute presentation. A maximum of six (6) people will be allowed to address the Town Board at each Public Forum. If a topic that you wish to discuss has been scheduled for a formal Town Board Meeting, we would ask that you reserve your remarks for that specific date and time. Topics that are in litigation with the Town will not be heard during this forum. All presenters are urged to: (1) state the concern; and (2) list possible solutions. Please keep the following guidelines in mind: • Remarks that discriminate against anyone or adversely reflect upon the race, color, ancestry, religious creed, national origin, political affiliation, disability, sex, or marital status of any person are out of order and may end the speaker's privilege to address the Board. • Defamatory or abusive remarks or profanity are out of order and will not be tolerated. Anyone attending Town Board meetings must sign in to ensure accurate records and minutes. Sign your name, address, and topic of discussion on the sign in sheet. Thank you for your cooperation. NAME PHYSICAL ADDRESS Email address ONLY if you wish to receive the Board Agenda when posted PLEASE PRINT LEGIBLY VIA i 7 � MEMO TO: Mayor Smith and the Board of Trustees FROM: Allen Nordin, Public Works Director, CWP DATE: August 19, 2015 SUBJECT: Staff Report PW: Contract for Seal Coating of Asphalt Trails MATTER BEFORE BOARD: 2015 contract for the application of asphalt pavement sealer (seal coat) surface treatment to town owned public asphalt trails. ACTION REQUESTED: Authorization for the expenditure of budgeted funds from the General Fund and authorizing the Town Manager to enter into a Public Services contract with Grand County Asphalt Care to crack fill and seal coat approximately 13,800 square yards of asphalt pedestrian and bike trails. The crack filling quantities were estimated and will be field measured and verified at the end of the project which may extend the contract amount to the full $18,000. EXECUTIVE SUMMARY: Town owned asphalt trails are on a three-year treatment cycle to be seal coated to protect them from the sun's damaging ultra violet rays the trails are exposed to at our elevation. The 2015 approved budget for this work is $18,000. The schedule for this work is anticipated to take place towards the end of August or early September following the extended Labor Day weekend and take approximately 5-6 days to complete. BACKGROUND: In 2007, the 15 year old Fraser -Winter Park pedestrian trail was rehabilitated with a new asphalt surface through a process of pulverizing the old asphalt mat into the existing subbase material and self -generating additional subbase material suitable for compacting and installation of the new asphalt material. Seal coating of new asphalt is recommended every 3-5 years to protect the surface from the damaging effect of the sun's ultra violet rays the trails are exposed to at our elevation. Seal coating adds a protective shield against the UV rays (similar to what sun screen does for skin) by slowing down the oxidation process of the oils in the asphalt surface in addition to providing a weatherproofing component. In June a request for proposal (RFP) was sent out seeking bids for the application of a slurry seal treatment for the pedestrian trails. Staff received only one bid from a Front Range vendor in the amount of $54,940. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com The proposed slurry seal application was to cover a total surface area of approximately 13,800 square yards of asphalt trails in three areas of town: 1) parallel to SH40 from GCR72 to Kings Crossing in Winter Park; 2) along Old Victory Road in the Cozens Meadow subdivision; and 3) a short section along Rendezvous road between SH40 and the Fraser River Trail in the Rendezvous subdivision. Given the cost for the slurry seal to be well out of our budget range, another RFP was issued for the seal coat application. The cost difference is about three times more for slurry seal versus seal coat; however a slurry seal application can last up to two times longer than the seal coat treatment. The rebidding for the seal coat pavement sealer produced three proposals, two from local contractors and one from the Front Range. The apparent low, responsive, responsible proposal was from Grand County Asphalt Care. Consequences associated to the lack of regular asphalt maintenance would mean a more rapid deterioration of the trail asphalt and require the need to rehabilitate it prematurely to the end of its useful life. ALTERNATIVES: 1. Approve as recommended. 2. Provide for additional funding to have the slurry seal treatment applied; 3. Extend treatments by extending the time frame between treatments, not recommended; RECOMMENDATION: This request has been placed under Consent Agenda. Staff recommends approving Resolution No. 2015-08-03 authorizing the Town Manager to enter into a Public Services Contract for seal coating services. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com TOWN OF FRASER RESOLUTION NO. 2015-08-03 A RESOLUTION AUTHORIZING BUDGETED EXPENDITURES FOR THE SEAL COATING OF PUBLIC TRAILS AND AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: The Town Board of Fraser, Colorado hereby authorizes expenditures not -to -exceed the approved 2015 budget amount of $18,000 for trails projects as outlined by the Public Works Director and authorizes the Town Manager to enter into a contract for the work. 2. A Request For Proposal (RFP) was issued for a seal coat surface treatment for Town owned asphalt trails. 3. 3 proposals were received and staff intends to award the Contract to the lowest responsible and responsive proposal using the "Town of Fraser, Colorado — Public Works Services Contract". 4. All documents must be executed and work completed within fiscal year 2015 or this approval shall no longer be effective. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 19th DAY OF AUGUST, 2015. Votes in favor: Votes opposed: Absent: Abstained: (SEAL) BOARD TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk MEMO TO: Mayor Smith and the Board of Trustees FROM: Catherine E. Trotter, AICP, Town Planner DATE: August 12, 2015 SUBJECT: Business Enhancement Grant- Rocky Mountain Roastery MATTER BEFORE BOARD: Business Enhancement Grant application for outdoor beautification of store front by providing new outside furniture and attractive outdoor seating arrangement at Rocky Mountain Roastery (Fraser Valley Center) in Fraser. ACTION REQUESTED/EXECUTIVE SUMMARY: The applicants (Parker & Libby Thomson - Rocky Mountain Roastery) are requesting Business Enhancement grant funding to pay for new outdoor furniture at the Roastery. BACKGROUND: The Town of Fraser participated in a Community Revitalization Partnership (CRP) Program during the summer of 2010. This program was sponsored by the Colorado Department of Local Affairs (DOLA) working in partnership with Downtown Colorado Inc. and Fraser. We asked the chosen consulting team to examine our business districts and how the various districts can be better connected both visually and physically. Following the CRP, the Town Board began offering a Business Enhancement Grant program. The CRP program recommended that the Town develop programs and initiatives to improve the overall appearance of Fraser, especially along important corridors. The purpose of the Business Enhancement Grant program is to establish a fund that can be utilized by local businesses and/organizations to enhance the character of their property and/or business, help improve the economic vitality of the Fraser business community and to encourage investment, pride and a sense of ownership in the community. This program is an incentive program for ongoing community revitalization. The applicants are requesting $896.42 to collaborate with them on the purchase of new outdoor furniture at the Rocky Mountain Roastery. Attached is the grant application, an itemized list of outdoor furniture and photos to promote the project. ALTERNATIVES: Not to fund the grant application. RECOMMENDATION: Staff is recommending that the TB approve this business enhancement grant request for $896.42 to be spent on new outdoor furniture for the Roastery. Let's partner with Rocky Mountain Roastery! Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Business Enhancement Grant Program: Purpose: The Town of Fraser recognizes that the condition of buildings in the commercial district forms the basis of the public's overall impression of the downtown area and reflects the vibrancy of the community. The purpose of the Business Enhancement Grant program is to establish a fund that can be utilized by local businesses or organizations to enhance the physical appearance of their property and/or business and to encourage investment and pride in the community thereby helping to improve the economic vitality of Fraser. This program is an incentive program for ongoing community revitalization. The intent is to promote a healthy business environment and increase the overall aesthetic experience in the Town of Fraser. Local businesses or organizations shall submit an application outlining their proposal and anticipated impacts. Funding amounts are determined based upon a review of the application by the Town Board and evaluation of the potential beneficial impact(s) on business activity as well as the overall effect on the commercial district. The applicant must contribute a minimum of 50% of the total cost of the project. The maximum grant awarded shall not exceed $7500.00. The Town Board has sole discretion and will determine if funds are awarded. Applications may be submitted by tenants with written approval by property owner. The Town must receive all paid receipts within forty-five (45) days of completion of the project before the grant amount will be reimbursed. Eligible Projects: Public and private art Landscaping Decorations Building fagade improvements, exterior work on storefronts which may include renovations, painting, remodeling, signage, awnings, cornices Building fagade improvement seed money for architectural drawings Ineligible Projects: New construction Property acquisition Refinancing existing debt Interior improvements, equipment, fixtures and/or furnishings Reimbursement for costs incurred prior to business enhancement grant approval Home occupations Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Evaluation Criteria: The Town Board will evaluate proposals based upon the following criteria: The business/organization must be located in the Business District or in a Mixed Use Planning Area within the Planned Development Zoning District. The degree of beneficial impact on the area. The uniqueness of the project. The amount of visual impact on the surrounding environment. Other relevant factors as deemed important by the Town Board. Submittal Requirements: Completed Business Enhancement Grant Application (see next page). Site plan, sketch of project location, photographs, etc., to promote the project. Survey may be required. Itemized budget. Landscape proposals must provide a complete plant list with quantities. NOTE: Grantee may be subject to the receipt of a Form 1099 pursuant to the Internal Revenue Service and therefore must fill out the attached W-9 form. Please submit completed application to Catherine Trotter, Town Planner, ctrotter@town.fraser.co.us Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Business Enhancement Grant Application Business/Organization Name: Business License Number: Contact Person: Mailing Address: Email Address: Business Phone: Total Estimated Cost of Proposal (Attached itemized budget): Grant Amount Requested: Time -Frame for Implementation: Purpose of Grant: How will this proposal benefit Fraser and your business/organization? Attach site plan or sketch of project location, photographs, etc., to promote the project. Survey may be required. Signature of Applicant Date Please submit completed application to Catherine Trotter, Town Planner, ctrotter@town.fraser.co.us Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com 1.o I �)e, �""C�f- B�i�eBs E�oe■ie+�lt Giralt A�Diicatior, Name: Budrmss Numbei-6c —1 r: Canted Person- O t tf acr,, f oi' / Lt Lj hi%.aw ,Ylaiit„g Adarsas- ?()� � kqq �% <IoHk )- SAA Emall Addr+eas• �%t ' � � y Business Phmm: Total Estimated Cost of Proposal (Anschad W...d brd -: Grant Amount Requesied: - Time -Frame for impten-m-tmdon: - �fklltklk of Gram �V' ie"*tiar t' (7+gPurpose �rovi- 0;q N� odd' w ��'e M � n.+li Cr'Y�'r ✓�`� T' y+vl�V `i Aug., 41- mm wm uft proposal henmm Fraser and yar ? V�f{-ot�s1'S �vf� std �t1�-�,�� a•�' ��@��I � �'+� }U h.i-J M jB i� AGS`;ice _ce f -mw m �,l wo\jlk tA )wlwp�ef-5-- :�I% Ljods, JL�D- Aore- AN 441 V '.1 .'li- - f- 4#00 Itemized List of Outdoor Furniture: Marina Chair= 43.50 ea x 16 = $696. Marina Table= 109.20 x 4 = $436. Shipping LTL= $360. Adirondack Chair = 65.15 x 4 = $260.60 Shipping UPS= $40.24 $1792.84 TUN moms, t -4i�.,, a �j DY ., ♦ .Y: �V. a ii '4 a rr -V I mr 5 , 51 E- If G 7 J OL to we I.K E- JAM -WI—A at &4jr:j _ S VI t� to JAM -WI—A at &4jr:j _ S VI t� TOWN OF FRASER RESOLUTION 2015-08-01 A RESOLUTION APPROVING A BUSINESS ENHANCEMENT GRANT FOR THE ROCKY MOUNTAIN ROASTERY. WHEREAS, the Town of Fraser recognizes that the condition of buildings and signage in the commercial district forms the basis of the public's overall impression of the downtown area and reflects the vibrancy of the community; and WHEREAS, the Fraser Town Board supports the Business Enhancement Grant program and has established a fund that can be utilized by local businesses or organizations to enhance the physical appearance of their property and/or business and to encourage investment and pride in the community thereby helping to improve the economic vitality of Fraser. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: The Board of Trustees hereby approves the Business Enhance Grant application for the Rocky Mountain Roastery and authorizes the expenditure of funds in the amount of $896.42 for outdoor furniture as detailed in the application form. 2. The Town must receive all paid receipts within forty-five (45) days of completion of the project before the grant amount will be reimbursed. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 19th DAY OF AUGUST, 2015. Votes in favor: Votes opposed: Absent: Abstained: (SEAL) BOARD TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk GRANT OF EASEMENT AND AUGMENTATION POND JOINT OPERATIONS AGREEMENT (August 14, 2015 Draft) This GRANT OF EASEMENT AND AUGMENTATION POND JOINT OPERATIONS AGREEMENT (the "Agreement") is entered into and effective as of the __ day of August 2015 (the "Effective Date"), by and between RENDEZVOUS COLORADO, LLC, a Colorado limited liability company ("Rendezvous"), CORNERSTONE WINTER PARK HOLDINGS LLC, a Colorado limited liability company ("Cornerstone", and together with Rendezvous, the "Developers") and the TOWN OF FRASER, a Colorado municipal corporation (the "Town"). Rendezvous, Cornerstone and the Town may individually be referred to as a "Party" and collectively as the "Parties." RECITALS A. The Developers are developers of two parcels of property within the Town, referred to hereafter as the "Rendezvous Property" and the "Cornerstone Property", pursuant to the Amended and Restated Annexation Agreement between the Town and Rendezvous, dated June 4, 2003, recorded at Reception No. 2003-016733, Grand County Clerk and Recorder's Office (the "Amended Annexation Agreement"). Subsequent to the annexation of the property, Rendezvous was divided into two separate entities, Rendezvous and Cornerstone. Pursuant to the First Amendment to the Amended Annexation Agreement, dated November 2, 2005, recorded at Reception No. 2005012708, Grand County Clerk and Recorder's Office, Rendezvous is the current developer of the Rendezvous Property and Cornerstone and its affiliate, Grand Park Development, LLC, are the current developers of the Cornerstone Property. B. In order to satisfy the water supply obligations to the Town in conjunction with the Amended Annexation Agreement, in June 2000, Maryvale Village LLC, the predecessor of both Rendezvous and Cornerstone, deeded to the Town certain water rights, including: (1) 1.675 of the Cozens Ditch water right (originally decreed in Civil Action No. 112, August 1, 1906); (2) 20 acre-feet of the Maryvale Reservoir water right (decreed in Case No. W-462, Water Division No. 5, April 10, 1972); and (3) 32.7 acre-feet from detention ponds to be located on the Cornerstone Property (as described in paragraph lOG of the Water Court decree entered in Case No. 98CW41 on April 6, 1999); and (4) the "benefits and burdens of that certain legal water supply plan ... decreed in Case No. 98CW41, Water Division No. 5" entered on April 6, 1999 (referred to hereafter as the "Augmentation Plan"). The conveyance to the Town of these water rights was subject to the terms, conditions, reservations and exceptions contained in that certain Bargain and Sale Deed, dated June 23, 2000, corrected by that certain Corrected Bargain and Sale Deed, dated October 17, 2011, recorded at Reception No. 2011008600, Grand County Clerk and Recorder's Office (the "Deed"). The structure known as Maryvale Reservoir, also may be referred to by the Parties as Mary's Pond (and in this Agreement is referred to as the "Pond"). 1 of 13 C. In Case No. W-462, the Pond was decreed for a total storage capacity of 32.58 acre-feet, for various uses. Storage of water in the Pond, including under the Cozens Ditch water right identified above and pursuant to a proposed 16 acre-foot enlargement of the Pond (the "Enlargement"), was also included in the decree for the Augmentation Plan. D. The Pond is located in Sub -Area 2 of Planning Area 12E of the Rendezvous Property, pursuant to the FPDP approved by the Town on March 23, 2004 (the "Pond Property"), which is depicted on Exhibit A, and legally described on Exhibit B, attached to and incorporated in this Agreement, which property is owned by Rendezvous. E. To implement the Amended Annexation Agreement and the Augmentation Plan, and to facilitate joint operation of the Pond as agreed upon by the Parties, the Parties desire to set forth the following rights and obligations with respect to future operation of the Pond. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Grant of Easement. Subject to the reservations and exceptions contained within the Deed, Rendezvous hereby grants to the Town a perpetual, non-exclusive easement and right-of-way on, over, across, under, and through the Pond Property (the "Easement") for: (a) 20 acre-feet of water storage in the Pond; and (b) access, use, operation, maintenance, repair, replacement and improvement of the Pond and all related appurtenances necessary or convenient for operation and use of the Pond, including but not limited to inlets, outlets, water diversion conveyance structures and ditches, equipment, measuring devices, facilities and improvements (collectively, the "Pond Facilities"). The Easement includes reasonable access by the Town to the Pond and the Pond Facilities, through and over the Rendezvous Property along existing roads or trails, as the same may be relocated and improved from time to time, for the purposes of the Easement. Operation of the Pond and the Pond Facilities by the Town shall be limited to making any required releases under the Augmentation Plan, and to undertaking other such actions as may be reasonably required to facilitate implementation of the Augmentation Plan, including complying with any orders or requests of the Division Engineer or the Water Commissioner. 2. Priority of Use of the Pond. The Pond shall be operated under the following priorities: (a) the Town shall have priority to use water stored in the Pond for augmentation purposes pursuant to the Amended Annexation Agreement and the Augmentation Plan; and (b) as a subordinate priority, the Developers shall be able to operate and use the Pond for other decreed purposes, pursuant to the water rights ownership interests retained by the Developers in the Deed. 2of13 To the extent possible, recognizing that the priority to use water stored in the Pond is for augmentation purposes under the Augmentation Plan, the Developers shall be able to operate and use the Pond for its other decreed purposes, as long as those uses do not interfere with the use of the Pond by the Town to implement the Augmentation Plan, and the goal will be to maintain a water level that will preserve an acceptable aquatic habitat for fish. 3. Capacity of the Pond. The Parties recognize that the decreed capacity of the Pond, with the Enlargement, is contemplated to be at least 48 acre-feet. The Parties also recognize that pursuant to terms of the Amended Annexation Agreement for operation of the Augmentation Plan, the Developers' predecessor conveyed to the Town by the Deed, a total of 52.7 acre-feet of water storage capacity, which includes 20 acre- feet of water storage capacity in the Pond. The current active water storage capacity of the Pond is estimated to be between 13 and 15 acre-feet. To the extent this storage capacity is not sufficient to satisfy the augmentation requirements under the Augmentation Plan, the Developers shall provide and develop an adequate alternative site for augmentation storage for the Town in order to provide the Town with sufficient augmentation releases to meet the Developers' augmentation obligations under the Augmentation Plan, not to exceed a total of 52.7 acre-feet of augmentation storage, in a location mutually acceptable to the Parties. Pursuant to the terms of the Amended Annexation Agreement, if any changes to any existing water court decree, or a new water court decree is necessary for any additional water storage in the Pond or alternative water storage sites, the Developers shall be responsible for any such water court actions, and any associated administrative actions and all costs and fees associated with any such actions. The Town shall have the option, in its sole discretion, to join any such actions as a co -applicant at the Town's expense. 4. Maintenance Costs and Obligations. All Parties shall have access to the Pond and Pond Facilities, subject to the terms, conditions and limitations contained in this Agreement. All access routes to the Pond and all Pond Facilities and equipment that are locked, shall be equipped with two locks. The Town shall have a key to one of each such lock, and Rendezvous shall have the key to each of the corresponding locks. The costs and obligations to improve and maintain the Pond and Pond Facilities shall be allocated among the Parties as set forth below. For purposes of this Agreement, the term "maintenance" shall include repair, replacement and improvement for the specified purposes. a) Necessary Improvements. In order to allow the Pond to be fully operational for augmentation use pursuant to the Amended Annexation Agreement and the Augmentation Plan, within two years of the Effective Date, the Developers shall have, at their sole expense, and to the satisfaction of the Pond Operating Committee: (1) constructed a flume or other appropriate measurement device acceptable to the Division, to allow for reasonably accurate measurement of augmentation releases from the Pond; (2) installed a staff gauge, that allows pond level readings to be made from the shore; and (3) developed, 3of13 and provided to the Town, an accurate baseline survey of the existing volumetric capacity of the Pond. To the extent additional improvements required to operate, measure and account releases and storage capacity under the Augmentation Pond are requested by the Division Engineer, Rendezvous will cause such to be constructed, at its sole expense. b) General Pond Repair and Maintenance Activities. Rendezvous shall be obligated to perform any general maintenance activities associated with the Pond and the Pond Facilities. The necessity and schedule for completion of such activities shall be discussed and agreed upon by the Pond Operating Committee as described below in Section 5. The expense of such activities shall be shared equally by the Town and the Developers, with each being responsible for fifty percent of such expenses. c) Repair and Maintenance for Developers' Use; Enlargement. To the extent any maintenance is necessary for the Developers' use of the Pond, or any enlargement of the Pond is necessary, the Developers shall be obligated to perform such maintenance or enlargement at the Developers' sole expense. For purposes of this Section 4.b, any maintenance that enlarges the capacity of the Pond (e.g., dredging due to siltation) shall be performed by the Developers at their sole expense. Dredging of the Pond shall be performed from time to time by the Developers, if reasonably required to preserve the amount of water that can be stored in the Pond to meet the demands for water to be released from the Pond to implement the Augmentation Plan. d) Other Maintenance. To the extent any maintenance of the Pond or Pond Facilities is deemed necessary or appropriate by a Party for any other reason, such Party shall provide a written request to the Pond Operating Committee, describing the requested repair or maintenance. The Pond Operating Committee shall review and consider such request during the next scheduled meeting of the Committee, and shall decide upon a fair and reasonable allocation among the Parties of the responsibilities and costs for any actions to be taken with respect to such request. e) Failure to Perform Under this Section 4. To the extent the Developers, or either of them, fails to perform required maintenance activities under this Section 4, the Town shall provide notice to the Developers of the repair or maintenance activities the Town believes is reasonably necessary, whereupon the Developers shall either undertake such maintenance or provide reasons why they believe such maintenance should not be performed. If the Developers, or either of them, disagree with the Town, the maintenance activities, and the allocation of the expense associated with them, shall be referred to the Pond Operating Committee for a decision. 5. Pond Operating Committee. The Parties shall form a Pond Operating Committee consisting of one appropriate representative from each Party. The Pond 4of13 Operating Committee shall operate by consensus in all respects, and not by majority vote. The Pond Operating Committee shall meet at least three times annually, including in March, July and October of each calendar year, or at other frequencies or such other times as the Pond Operating Committee may decide is appropriate, to discuss any anticipated maintenance, construction, operational, or other activities relating to the Pond and the Pond Facilities, and the fair allocation of the expenses associated with such activities pursuant to the terms of this Agreement. The Parties shall mutually cooperate to minimize potential adverse impacts associated with any such activities on the use of the water stored in the Pond for the priorities described in this Agreement, including the timing of such activities. If the Pond Operating Committee is unable to reach agreement upon any issue respecting operation, maintenance or other activities concerning the Pond or the Pond Facilities, the issue shall be presented for joint discussion and consideration by the Town Board and the principals of each of the Developers, and the Town Board's decision on any such issue shall be final and binding on the Parties. 6. Accounting, Coordination and Operations. The Town shall be responsible for maintaining all records required by the Augmentation Plan using the accounting forms set forth as Exhibit C, or any modified version of these forms that may be approved by the Colorado Division of Water Resources (the "Division") upon request of the Town. The Developers shall fully cooperate with the Town in connection with the accounting. On or before April 1St of each year, the Town shall provide to the Developers the number and type of units being supplied with water in the Rendezvous Property and the number and type of units being supplied with water in the Cornerstone Property, whereupon the demands and required augmentation releases under the Augmentation Plan shall be recorded on the accounting forms, and releases shall be made by the Town from the Pond, as may be directed by the Division for the augmentation required for that water year. Upon notification from the Division Engineer or water commissioner that augmentation releases are required, such notice shall be communicated to all Parties, and Rendezvous shall be permitted to have a representative present with any Town employee or agent which is making any releases; provided, however, that if the Rendezvous representative is unavailable to be present, the Town employee or agent may proceed on its own to make the release at any point after twenty-four hours from the time of notice to Rendezvous. In accordance with section 7 below, Cornerstone anticipates completing the necessary infrastructure to allow for measurable augmentation releases to be made from detention ponds located on the Cornerstone Property within two years. After such infrastructure is completed, and subject to the requirement for a mutually -acceptable easement and joint operations agreement between Cornerstone and the Town as described in section 7, the Parties anticipate that augmentation storage releases for Rendezvous Property depletions under the Augmentation Plan shall be made from the Pond, and augmentation storage releases for Cornerstone Property depletions under the Augmentation Plan shall be made from augmentation storage facilities located on the Cornerstone Property. Completed accounting forms shall be provided by the Town to the Division, Rendezvous, and Cornerstone. If any Party receives a request, order or demand from the Division or other water user to curtail diversions, release water or modify any reporting relating to the 5of13 Rendezvous or Cornerstone Properties, notice shall be provided to all other Parties and the Parties agree to coordinate on a response thereto. 7. Future Augmentation of Cornerstone Property Development. Rendezvous and Cornerstone have agreed with each other that augmentation releases under the Augmentation Plan will be developed and allocated between the Rendezvous and Cornerstone properties. This includes augmentation releases for development located on the Cornerstone Property to be made from water storage facilities located on the Cornerstone Property, particularly from the detention ponds described in the Deed (the "Cornerstone Facilities"), rather than from the Pond as currently occurs. The Developers intend to implement their agreement within two years from the Effective Date, whereupon Cornerstone and the Town acknowledge that an easement and joint operations agreement between them relating to the Cornerstone Facilities will be necessary. If and when such an agreement between Cornerstone and the Town is developed and executed by each of them, the Parties shall amend this Agreement to eliminate Cornerstone as a party to this Agreement; provided, however, that until such an agreement between Cornerstone and the Town becomes effective, augmentation releases for Cornerstone property depletions shall continue to be made from the Pond in accordance with this Agreement. 8. Default. In the event of a default, the non -defaulting Party shall give notice to the defaulting Party of the default. The defaulting Party shall have a reasonable time to in good faith diligently cure the default. In the event the defaulting Party does not cure the default within a reasonable time through the exercise of good faith, reasonable efforts, the non -defaulting Party shall be entitled to specific performance or injunctive relief. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO PARTY SHALL BE LIABLE FOR DAMAGES, OF ANY KIND, TO ANY OTHER PARTY ARISING OUT OF THIS AGREEMENT. 9. Consents. In any provision of this Agreement that requires the consent, written or otherwise, of a Party to the actions of the other Party, such consent shall not be unreasonably withheld or delayed. In the event a Party does not respond in writing to a request for consent within thirty days of such request, the consent shall be deemed given. 10. Notices. All notices, consents or other instruments or communications provided for under this Agreement shall be in writing, signed by the party giving the same, and shall be deemed properly given and received on the earlier of (a) when actually delivered and received, personally, by mail, by messenger service, by fax or telecopy delivery, e-mail or otherwise; (b) on the next business day after deposit for overnight delivery by a courier service such as UPS, Airborne or Federal Express. All such notices or other instruments shall be furnished with delivery or postage charges prepaid addressed to the party at the address given in the first paragraph of this Agreement or such other address as such party may designate by written notice to the other party, with a copy, in the case of notices: 6of13 If to Rendezvous: Rendezvous Colorado, LLC Attention: Facsimile No.: E-mail: If to Cornerstone: Cornerstone Winter Park Holdings LLC Attention: Facsimile No.: E-mail: With copies to: Kevin L. Patrick, Esq. Patrick, Miller & Noto, PC 229 Midland Avenue Basalt, CO 81621 Facsimile No.: (970) 927-1030 E-mail: Patrick&waterlaw.com If to the Town: The Town of Fraser P.O. Box 370 Fraser, Colorado 80442-03 Attention: Town Manager Facsimile No.: (970) 726-5518 E-mail: jdurbingtown.fraser.co.us With a copy to: Christopher L. Thorne Kylie J. Crandall Holland & Hart LLP P.O. Box 8749 Denver, Colorado 80201 Facsimile No.: (303) 295-8261 E-mail: cthornekhollandhart.com 11. Binding Effect. This Agreement shall inure to the benefit of and be binding upon each of the Parties and their respective successors and assigns. There shall be no third party beneficiaries of the provisions of this Agreement. 12. Severability. If any provision of this Agreement shall be invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of 7of13 any other provision of this Agreement, and there shall be substituted for the affected provision, a valid and enforceable provision as similar as possible to the affected provision. 13. Costs of Legal Proceedings. In the event any Party institutes legal proceedings with respect to this Agreement or the enforcement thereof, the substantially prevailing Party shall be entitled to court costs and reasonable attorneys' fees incurred by such Party in connection with such legal actions. 14. Waiver. The failure of any Party to exercise any right or power given hereunder, or to insist upon strict compliance by the other Party with its obligations set forth herein and/or any custom or practice of the Parties at variance with the terms hereof, shall not constitute a waiver of either Party's rights to demand strict compliance with the terms and conditions of this Agreement. 15. Entire Agreement. This Agreement represents the entire agreement of the Parties with respect to the subject matter hereof. This Agreement supersedes all other prior agreements and understandings of any type, both written and oral, between the Parties with respect to operation of the Pond to implement the Amended Annexation Agreement, as set forth herein; provided however, that nothing herein is intended to amend, modify, or alter the Parties' respective obligations under the Annexation Agreement. In the event of a conflict between any term of this Agreement, and any term of the Amended Annexation Agreement, the Amended Annexation Agreement shall control. 16. Headings for Convenience Only; Construction. Paragraph headings and titles contained herein are intended for convenience and reference only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement. A singular term shall incorporate the plural, and a plural term shall incorporate the singular. 17. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of Colorado. The parties agree that venue for any litigated disputes regarding this Agreement shall be the District Court for Water Division No. 5, State of Colorado. If that Court should decline to exercise jurisdiction, venue shall be in the Grand County District Court. 18. General Cooperation. Notwithstanding any other provision of this Agreement to the contrary, the Parties agree in good faith to work together to take any additional actions, or execute any such additional documents, as may be reasonably necessary or appropriate to fully carry out the intent and purpose of the Parties as set forth in this Agreement. 19. Authority. The Developers represent and warrant that the execution, delivery and performance of this Agreement by each Developer has been duly authorized in accordance with law, and that this Agreement constitutes the legal, valid 8of13 and binding obligation of the Developers, enforceable against the Developers, jointly and severally, in accordance with its terms. The Town represents and warrants that the execution, delivery and performance of this Agreement by the Town has been duly authorized in accordance with law, and that this Agreement constitutes the legal, valid and binding obligation of the Town, enforceable against the Town in accordance with its terms. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same Agreement. [Signature Pages Follow] 9of13 The Parties have executed this Agreement as of the day and year first above written. RENDEZVOUS COLORADO, LLC, a Colorado limited liability company By: Title: Manager STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing Agreement was acknowledged before me this __ day of 2015, by as Manager of RENDEZVOUS COLORADO, LLC, a Colorado limited liability company. My commission expires: STATE OF COUNTY OF Notary Public CORNERSTONE WINTER PARK HOLDINGS LLC, a Colorado limited liability company By: Title: Manager ss. ) The foregoing Agreement was acknowledged before me this 2015, by _____ as CORNERSTONE WINTER PARK HOLDINGS LLC, a corporation. My commission expires: Notary Public 10 of 13 ____ day of _______.. of Colorado limited liability TOWN OF FRASER, a Colorado municipal corporation By:_ Title: STATE OF ------- ) ss. COUNTY OF ) The foregoing Agreement was acknowledged before me this _____ day of , 2015, by as of TOWN OF FRASER, a Colorado municipal corporation. My commission expires: Notary Public 11 of 13 EXHIBIT A TO THE GRANT OF EASEMENT AND AUGMENTATION POND OPERATION AGREEMENT Map of the Pond Property FINAL PLANNE'1) DEVELOPMENT PL414 EAST MOUNTAIN •-t Y '� _ - - �' PLANNING AREA 12E ,/j0�. vrawr'i CIF -RASFR R - IffCRTEO W1 sl NALF pE $£tiT1Oh =N, Y .� Y ` TOWNSHIP I SOUT . P.VK+f TS fVPST or THE 6TH {M �4 L-INEAA PAPK ''1j COW.7Y 4f GkrnC, 6TRYE 4r �tpgApp � r FiLiSl:A H1uH1 , °t E%ISTlNiSCEW k34 t- JJ fI rf Ion WETLA M9 A yEWg Rid ' ;z 7L • � � �: 777 %/ V;z - Pf1AID EDLE iV fiEW#R F,A6E�IEni / ERIS-�14G . w 2w APP w Cj IN '^i - - l TOWN OF FRASER `_`" � - .. .. Ea+o LINEAR PARK A r * . i 33 P�ELIME FA4EYENT^�`:,_= `N Tv+HRiER EA9ElBIf ti ��t - �^b> 4' 1V G(141Aklh1CAi1(Nl EASE1ERIr —, ~` °°°• DAVE TABLE -w /�y�,,F /` STTE ANALYSIS A-1 EXHIBIT B TO THE GRANT OF EASEMENT AND AUGMENTATION POND OPERATION AGREEMENT Legal Description of the Pond Property LEGAL DESCRIPTION FOR EAST MOUNTAIN - PLANNING AREA 12E, SUB -AREA 2 ,�E_'AL DESCRPTION _ A PAR= OF L40 WCATZ) 1N TIE WCSt HAV OF %0'1104 A TC'1W4%1P i MWTH, RMGA 73 YAT Or THE 6TH PIt NCWAL MMMAK. TVWN OF MMI R, COURTY OF GR#40, STAP£ OF {,' O RAOQ4 FOK WORE PARTICULARLY DEV.FAEO AS FTFiJ,.M7M WGIM104 AT TPC NOdRTHVIEST COMER OF THE NORTHEAST QUARTER OF THE SOUTHWIEST QUARTMrR OF SAID SECTION 28 AMD {d3FlnEKINIC, THE WATH LIK OF TFIE I MiIEAST QUARTM OF TFME SWTHWEST WARTER OF she sE'1 mcm 28 To BEAR sarin >393d38" 14EST, VATH ALL HEARINGS CONTAINED HEREIN RRAlI4E THHTO. -OiENCE N.ONQ THE NORT%$ LINE OF THE PIORTHACST WARIER OF THE *WTHWW QVARTER OF SA0 SEGTMO+N M SOUTH OW31`12-WEST. A ENSTAMX OF 10e.O8 FEET 7D Ae PUKT ON A CfJRW. SAID PONT ALSD BEING ()N THE E MttLY AWT--O'-WAY LINE OF US HIGHWAY 40; THENCE ALONii SAID EASTERLY IRM HT -CF WRY, ALONG A M-TA1NCENT CLINE TO 7HE LEFT HAAV4 9 A CENTRAL ANGLE OF IY47'37, A RADIUS OF 293{}.79 FEET, A CHOM BEAN3Ne uF HDRTH 3O'V5e vEST. Am. AN ARC LENGTH OF 807.117 FUST [HENCE NORTH 27i1 V' EAST, A E NSFANX OF 125 a7 FEET; THENCE WRM 51 5'21" EAST, A DISTAMM 10F 182.89 FEET TO A PONT ON THE 13LE1FIOARY OF LMHEAR PAW AS REC E4 [N rK WORMDS OF W CRAM C:4 NTY rLMk AND REC06tE7ER AT RFC. NO. 26M I-W3Q17; THEMCE ALOW SAKI? E3MNDAR' THE T -00NC THREE (3) OWRSM 1) 14MCt S3M 4V49— 3" EW, A DISTANM OF 22.20 FWTt 2) THEA E Nf)RTFi 14'53'" EAST, A DiSTRNCE OF 225.50 FEET-. 3) T1iME SOUT44 40-0500 CAST, A 41SxAUM €1F 100.83 FMT; THEKE SOUTH 18'IB'3r EAST. A DISTANM OF 59&97 FEET TO A € O NT ON SAO N[l1 NDARY OF UWAR PARK: IHVKE 443K SAID 0OUNUARY THE KUQWK TW (2) Cx RM& 1) MINCE SOUTH $2"1'$'38' WEST, A DISTANCE OF 271,72 FEET; 2) THENCE SU-ITW 23'?.Mi'1ii" EAST. A OfSTANCE OF 327.49 F7TeT TO A KONT �W VX NORTH UNE OF THE NORTHEAST QWkIRTE R OF THE 3t]EI MWES'1. QUA+ M Of S1EC714N ?8: THENCE ALONC SAID NORTH LINE MUTH 86`.5 38" WEST, A usTmcEoF oQ1 FEET TO THE PCINT OF SNO PARCEL CONTAW 7.M SES, WORE OR LESS - 797581 0_2 ESS_ 7975810_2 TOWN OF FRASER RESOLUTION NO. 2015-08-05 REGARDING BALLOT QUESTIONS IN THE NOVEMBER 3, 2013 ELECTION AND ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF GRAND FOR THE COORDINATED ELECTION WHEREAS, the Town of Fraser has a need to have Ballot Questions in the Tuesday November 3, 2015 election; and WHEREAS, said election must be held as a coordinated election; and WHEREAS, the County of Grand is the Coordinated Election Officials. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: (1) The election shall be held under the Provisions of Title I of the Colorado Revised Statutes, (2) The Town of Fraser is authorized to enter into an Intergovernmental Agreement with the County of Grand for the coordinated election to be held November 3, 2015. (3) The Town Clerk shall act as the Town's designated election official for purposes of such election. DULY MOVED, SECONDED AND ADOPTED THIS 19TH DAY OF AUGUST, 2015. (SEAL) ATTEST: Lu Berger, Town Clerk BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO Mayor TOWN OF FRASER RESOLUTION NO. 2015-08-06 A RESOLUTION PROVIDING FOR THE SUBMISSION OF BALLOT QUESTIONS TO A VOTE OF THE REGISTERED ELECTORS AT A SPECIAL MUNICIPAL ELECTION TO BE HELD IN CONJUCTION WITH THE COORDINATED ELECTION ON NOVEMBER 3, 2015 AND ESTABLISHING THE BALLOT TITLE AND SUBMISSION CLAUSE FOR SUCH BALLOT QUESTIONS. WHEREAS, the Town Board desires to call a special election to submit a ballot questions to the registered electors of the Town of Fraser; and WHEREAS, it is the duty of the Board of Trustees to fix the ballot titles for such special election, and the Board finds and determines that the ballot titles hereinafter set forth will correctly and fairly express the true intent and meaning of the measures submitted at the election. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: 1. The Town shall have a special election on November 3, 2015. The purpose of such special election is for the registered voters of the Town to vote on two ballot questions. Such special election shall be coordinated with Grand County and governed by the Uniform Election Code of 1992, C.R.S. § 1-1-101, et seq. 2. That the ballot title and submission clause appearing on the ballot for each ballot question shall be as follows: Town of Fraser Ballot Question 1 SHALL THE TOWN OF FRASER SALES TAX BE INCREASED BY IN THE FIRST FISCAL YEAR AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER BY THE IMPOSITION OF AN ADDITIONAL SALES TAX OF , COMMENCING JANUARY 1, 2015 AND CONTINUING THEREAFTER, WITH SUCH REVENUES TO BE COLLECTED, RETAINED AND EXPENDED FOR THE PURPOSE OF FUNDING THE STUDY, DESIGN, ENGINEERING, CONSTRUCTION AND MAINTENANCE OF PUBLIC TRANSIT, PUBLIC MULTI -MODAL TRANSPORTATION ALTERNATIVES, PUBLIC TRAILS, AND CAPITAL PROJECTS WITHIN AND AROUND THE TOWN; AND SHALL ALL SUCH REVENUES BE COLLECTED, RETAINED AND EXPENDED AS A VOTER - APPROVED REVENUE CHANGE NOTWITHSTANDING ANY RESTRICTION UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES NO Town of Fraser Ballot Question 2 SHALL THE TOWN OF FRASER BE AUTHORIZED TO PROVIDE HIGH-SPEED INTERNET SERVICES (ADVANCED SERVICES), TELECOMMUNICATIONS SERVICES AND/OR CABLE TELEVISION SERVICES TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NONPROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS, AS EXPRESSLY PERMITTED BY COLORADO REVISED STATUTES §§ 29-27-101 TO 304, "COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES," WITHOUT LIMITING THE TOWN'S AUTHORITY? YES NO 3. That the Town Clerk is authorized and directed to take all necessary and appropriate actions to include such ballot questions on the coordinated election ballot. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 19th DAY OF AUGUST, 2015. Votes in favor: Votes opposed: Absent: Abstained: (SEAL) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk AGREEMENT This Letter of Agreement shall serve as the intergovernmental agreement between the Grand County Clerk and Recorder (hereinafter referred to as County), P. O. Box 120, Hot Sulphur Springs, CO 80451 and (hereinafter referred to as Jurisdiction). ARTICLE I 1.01 PURPOSE. Pursuant to the terms of this agreement, the County and Jurisdiction agree to the scheduling of the Coordinated Election on November 3, 2015. Such Election may involve more than one political subdivision with overlapping boundaries, and the County shall serve as the Coordinated Election Official for all political subdivisions involved in this election. This election shall be held under the provisions of Title I of the Colorado Revised Statutes ARTICLE II 2.01 DUTIES OF THE COUNTY. The duties of the County are set forth in Exhibit A attached hereto. ARTICLE III 3.01 DUTIES OF THE JURISDICTION. The duties of the Jurisdiction are set forth in Exhibit B attached hereto. ARTICLE IV 4.01 ALLOCATION OF COSTS OF ELECTION. The County shall determine the cost allocation for each political subdivision participating in the Coordinated Election. The Jurisdiction shall reimburse the County for such election costs that are solely that of the Jurisdiction and costs allocated to the Jurisdiction in an amount not to exceed $3 per registered Grand County voter at the close of the registration books. (November 3, 2015 at 7:00 p.m.) Such reimbursement shall be made to the County within thirty days from receipt of billing from the County. ARTICLE V 5.01 INDEMNIFICATION. The Jurisdiction agrees to indemnify, defend and hold harmless the County from any and all loss, costs, demands or actions, arising out of or related to any actions, errors or omissions of the Jurisdiction in completing its responsibilities relating to the November 3, 2015 Election. 5.02 Nothing contained in this agreement shall constitute a partial or full waiver of the County's Governmental Immunity. ARTICLE VI 6.01 TERM. This agreement shall terminate upon completion of the duties set forth in Exhibits A and B. In the event of a breach of this agreement by the County, including but not limited to the County's intentional or negligent failure to perform as provided for herein, the Jurisdiction's damages shall be limited to the cost of the new election. GRAND COUNTY CLERK AND RECORDER JURISDICTION MI Date Date EXHIBIT A DUTIES OF THE COUNTY 2.01 County Duties. The County Clerk shall perform the following duties for the Election for the Jurisdiction. A. Designate Primary Contact to act as the primary liaison between the County and the Jurisdiction. The Primary Contact is Sara Rosene; phone 970-725-3110 or e-mail srosenekco.grand.co.us. B. Provide location for voters to apply for and obtain mail -in ballots, voter service and polling centers, and ballot drop-off locations. (See attached Exhibit C) C. Create the layout of the text of the ballot in a format that complies with law and is acceptable to the Jurisdiction. D. Provide the layout and proof of the Ballots to the Jurisdiction on or before 53 days prior to the Election Day (September 11, 2015) in order to permit review, proofreading, and approval before the County authorizes the printing of the ballots. The Jurisdiction shall return the acceptance of ballot following review, proofreading, and approval no later than 5:00 p.m. on the day after receiving the proof. If the Jurisdiction fails to provide approval by 5:00 p.m. on the day of the deadline, the content is to be considered approved. No changes to the certified content may be made without the express written approval of the County after the proof has been approved. E. Appoint, provide written materials, as required by law, train, and pay a sufficient number of qualified election judges to adequately serve the number of electors anticipated to vote at the Election. The election judges for the Jurisdiction's Election may be the same persons as are employed for the elections held by other jurisdictions on the same day and at the same polling places. F. Conduct such formal training sessions for the Judges of elections as are deemed reasonably necessary by the County. G. Perform all services necessary for voting in the Jurisdiction's election, including but not limited to, preparation of voter materials, receipt and processing of applications for Mail -In (absentee) ballots, mailing Ballots, receipt of Ballots, checking voter qualifications, and preparation for counting; opening ballot drop-off locations; and closing and transporting ballots from Ballot drop-off locations. H. Provide for the Jurisdiction, the following: 1. "Instructions to Voters" signs 2. "Drop-off location signs 3. "100 Foot Limit" signs 4. Secrecy sleeves for ballots 5. Miscellaneous supplies 6. Adequate number of pens and pencils 7. Changes in Voter Registration forms and all other voter registration forms 8. Affidavits concerning Voter Assistance forms 9. Ballot boxes 10. Locks 11. Supply boxes 12. Poll watcher nametags 13. Judge's manuals (County generated) one per election judge 14. Detailed notice of election to be posted in the County's office and the Election Official's office as required by Section 1-5-205 C.R.S. 15. Credentials for Election Judges I. Conduct and oversee the process of counting the ballots and reporting the results. J. Appoint, instruct, and otherwise oversee the board of canvassers. K. Certify the results of the Jurisdiction's election within the time required by law and forthwith provide the Jurisdiction with a copy of all election statements and certificates, which are to be created under the Code. L. Only if requested by the Designated Election Official in writing within 60 days following the Election, capture the vote history from the Election Department's vote history file and generate a listing of who voted in the Jurisdiction. If, requested, the cost will be the per entry fee charged by the County's contractor for this service or $15 set-up and $.10 per name with a minimum charge of $25. M. Store all ballots, signed ballot envelopes, signature cards of electors who cast ballots at the election for a minimum of (25) twenty-five months, and all such other materials required by the Code to be saved for (25) twenty-five months in such a manner that they may be accessed by the Jurisdiction, if necessary, to resolve any challenge or other legal questions that might arise regarding the election. N. Keep careful and accurate accounting of time, supplies, and salaries chargeable to the Jurisdiction. O. Adhere to all applicable provisions of the Code which are necessary or appropriate to the performance of the above duties. P. The County and its employees, agents, representatives or other persons acting under the direction or control of the County shall use reasonable care in carrying out its obligations under this agreement. Q. The County shall notify the Election Officer of the names, contact persons, and general topic of the election being held by all jurisdictions within Grand County holding elections on November 3, 2015, no later than 42 days prior to the election. R. Publication of legal notices concerning the Coordinated Election, which are required to be published after certification of the ballot content to the County, shall be the responsibility of the County. S. The County shall coordinate the text for the ballot issue mailing for all participating Grand County political subdivisions, into one notice. Said Ballot issue mailing shall be prepared and mailed by the County in accordance with Section 20, Article X, of the Colorado Constitution and Colorado Revised Statutes. EXHIBIT B DUTIES OF THE JURISDICTION 3.01 Jurisdiction Duties. In consideration of the foregoing, the Jurisdiction agrees to perform the following tasks and activities: A. Appoint an election officer and provide a Primary liaison between the County and the Jurisdiction. B. Certify ballot content to the County Clerk and Recorder by 5:00 p.m. on Friday, September 4, 2015 (60 days prior to the election). (Ballot content shall be provided electronically as a text file.) The County will provide the layout and proof of the ballots to the Jurisdiction on or before 53 days prior to the Election Day (September 11, 2015) in order to permit review, proofreading, and approval before the County authorizes the printing of the ballots. The Jurisdiction shall return the acceptance of ballot following review, proofreading, and approval no later than 5:00 p.m. on the day after receiving the proof. If the Jurisdiction fails to provide approval by 5:00 p.m. on the day of the deadline, the content is to be considered approved. No changes to the certified content may be made without the express written approval of the County after the proof has been approved. C. In consultation with the Election Officer, the County will order the number of ballots reasonably expected to be required to be printed for mailing and replacement ballots. D. Accept the established Drop-off locations for the Jurisdiction's election. E. Prepare and publish Legal Notices of the election as required by law and the applicable election code. F. Formally notify each of the Counties within the Jurisdiction of the election and request the certified number of registered electors residing within the Jurisdiction as of the close of the registration books on the 30th day prior to the election. G. Store all election materials not stored by the County for that time required by the Code. H. The Petition process for the Jurisdiction shall be entirely the responsibility of the Jurisdiction, and shall be done in compliance with applicable Colorado statutes, ordinances or other charter provisions. I. Provide the County with a copy of the ordinance or resolution stating that the Jurisdiction has adopted Title 1 and that the Jurisdiction will participate in the election. J. The process of receiving written comments and summarizing such comments, as required by Section 20 of Article X and Colorado Revised Statutes, shall be solely the responsibility of the Jurisdiction. K. The Jurisdiction shall certify a final and exact summary of comments concerning its ballot issues to the County, no later than September 22, 2015 (no later than 42 days before the Election), for Section 20, Article X, of the Colorado constitution and Colorado Revised Statutes 1-7-904 in written form and on a disk in Microsoft Word format or e-mail in Microsoft Word format. L. Publication of legal notices concerning Jurisdiction's election, which are to be published prior to certification of the ballot content to the County, shall be the responsibility of the Jurisdiction. A copy of such published legal notice shall be submitted to the County for its records. M. Pay the Jurisdiction's proportional share of the actual costs of services, supplies and mileage to the County as required by Article IV of this agreement, upon receipt of the itemized statement and, if requested by the County, pay all or part of any such costs for the Jurisdiction election directly to vendors or contractors. N. If required, provide a list of all non-resident property owners do not reside within the County where the political subdivision is located. O. Appoint one person to serve as a representative at the Logic and Accuracy Testing. P. Appoint one person to serve as a representative on the canvass board. The Jurisdiction shall appoint a representative at least 15 days prior to the election (October 15, 2015). Q. Verify the accuracy of the addresses of residences within in the district no later than 70 days before the election (August 25). EXHIBIT C VOTER SERVICE AND POLLING CENTERS AND DROP-OFF LOCATIONS Grand County Administration Building 308 Byers Avenue Hot Sulphur Springs CO 80451 October 12, 2015 through November 3, 2015 8:30 a.m. to 5:00 p.m. Monday through Friday Saturday, October 31, 2015 8:00 a.m. to 12 noon and Tuesday, November 3, 2015 7:00 a.m. to 7:00 p.m. Ballot drop-off Only locations listed below October 29 through October 30, 2015 — 2:00 p.m. to 6:00 p.m. Monday November 2, 2015 — 2 p.m. to 6:00 p.m. November 3, 2015 — 7:00 a.m. to 7:00 p.m. Grand Lake Town Hall 1026 Park Avenue Grand Lake, CO Granby Town Hall CSU Extension Hall Zero Jasper Avenue Grand County Fairgrounds Granby, CO Kremmling, CO Fraser Town Hall 153 Fraser Avenue Fraser, CO Ballot drop-off Only location Monday, November 2, 2015 — 2:00 p.m. to 6:00 p.m. Tuesday, November 3, 2015 — 7:00 a.m. to 7:00 p.m. Church of Eternal Hills 100 Meadows Blvd Tabernash, CO VOTER SERVICE AND POLLING CENTER Grand County Administration Building October 12, 2015 through November 2, 2015 8:30 a.m. to 5:00 p.m. Monday through Friday Saturday, October 31, 2015 8:00 a.m. to 12 noon Tuesday, November 3, 2015 7:00 a.m. to 7:00 p.m. MEMO TO: Mayor Smith and the Fraser Board of Trustees Grand County Water and Sanitation District #1 Board of Directors Winter Park Ranch Water and Sanitation District Board of Directors FROM: Jeffrey L. Durbin, ICMA-CM, Town Manager Bruce Hutchins, District Manager Jim Fox, District Manager DATE: August 13, 2015 SUBJECT: Upper Fraser Valley Wastewater Treatment Facility INTRODUCTION In recent years we've all grown accustomed to a rather straightforward JFOC meeting to present the proposed budget. However, this year our work on the 2016 Budget is complicated by a variety of factors and this memo is intended to introduce those matters to the Boards in advance of the JFOC meeting (scheduled for September 17, 2015). These matters include the following: 2015 Copper Study. Our consultant (GEI) is completing their work and we regret that the results are not reaching the conclusions we anticipated. Unfortunately, this means that copper treatment will be necessary and we will need to budget for 2016 expenditures estimated at $1,500,000. GEI will be presenting their work at the JFOC meeting. Design work for the copper treatment facilities should be initiated promptly, (and should also consider phosphorus treatment/nutrient removal). Copper Treatment would be a CRR Fund expenditure unless the entities prefer to fund the expenditure directly out of their respective funds/reserves. The anticipated CRR Fund expenditure would result in a reduction of fund balance below that established in 2012 requiring replenishment of those funds or revisiting the fund balance policy. There may also be some merit to pursuing Northern and Denver Water contributions. We have been working with a consulting team on various sustainability initiatives for the Wastewater Treatment Facility and several measures have been recommended. However, given the above, these may not be priorities at this time. Despite that, performance contracting is another funding opportunity for compliance projects. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com As discussed during the 2015 JFOC Meeting, we have solicited proposals for an EQR Audit. Eight proposals were submitted and staff is completing interviews at this time. We anticipate bringing recommendations to the JFOC meeting. In addition to the proposed 2016 Budget, we would like to discuss budget format and reserve policies. We have had requests to modify individual line items to be more reflective of actual expenditures which could be accommodated provided that a contingency line is added rather than the approach that has been used in recent years, we'd like to discuss the pro's and con's of each approach with the JFOC. POLICY QUESTIONS The following policy questions should be considered by the respective Boards: • Should CRR Funds be used for copper treatment facilities or be funded directly from each entity? Or combination thereof? • If CRR funds are utilized, fund balance would be reduced to approximately $1,000,000 which is below the threshold amount established in 2012 of $1,500,000. We believe that is OK, but would the Boards prefer to amend that policy or begin repayment of that Fund to achieve a fund balance of $1,500,000? • What timeframe for CRR Fund replenishment is preferred? • In addition to pursuing copper treatment facilities in 2016, should we pursue sustainability initiatives? Photovoltaic Arrays and other measures are being evaluated to offset our power demands. Are you interested in hearing a presentation on these matters from our consulting team at this time or should this be placed on hold? • Performance contracting could be utilized to fund sustainability projects and copper treatment. Are you interested in hearing a presentation on this approach? • What are your expectations and goals related to an EQR Audit? • The 2016 Budget needs to provide an accurate framework for the 2016 work plan. In addition to providing estimates for each entity's respective budget, it provides the Manager assurance that operation expenditures will be paid by each entity. Is a different budget format preferred? RECOMMENDATIONS At this time, we do not need answers to all these policy questions from each entity. However, we will need direction on these matters in order to finalize the proposed 2016 Budget. We anticipate that each of the entities will discuss these matters during their August meeting, and have another follow up discussion during the respective September meetings. It is our hope that this will enable us to have a more productive discussion during the September 17th JFOC meeting. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com MEMO TO: Mayor Smith and the Board of Trustees FROM: Allen Nordin, Public Works Director, CWP DATE: August 19, 2015 SUBJECT: Staff Report PW: Snow & Ice Truck Engine Repair Expenditure MATTER BEFORE BOARD: The Public Works department is seeking board approval for the expenditure from the General Fund for unexpected engine repairs to one of the departments three mission critical snow & ice removal trucks. ACTION REQUESTED: Motion to approve Resolution No. 2015-08-02 hereby authorizing the Town manager to approve the expenditure of not -to -exceed $15,000 for the repair to failed engine parts associated to this snow and ice truck. BACKGROUND: This truck was purchased in the fall of 2008 from the Capital Equipment Replacement Fund (CERF). After operating this truck over several years, staff began to notice performance issues with a lack of horsepower while operating. Over the course of two years, staff spent countless hours working with both the dealer and the engine manufacture to see if the problem could be identified and corrected. After exhausting what we all believed was every avenue, it was concluded that staff would need to operate this unit in a manner different from how we operate the other two units (2001 & 2005). With the EPA increase for the reduction of exhaust emission guidelines, the operation of these engines becomes more and more challenging to meet and maintain. The repairs necessary to get this unit operational include the following: Repair over -fueling issue by replacing the injectors; Clean excessive soot build up from the exhaust; Replace the engine turbo Perform a diagnostic engine analysis following completion of the repairs (no charge) Total estimate is in the amount of $12,534.47 as seen in the attached repair estimate. The 2015 approved budget for this line item, Equipment Purchase & Repair, is $35,000. YTD expenditures from this line item is $19,726, leaving a balance of $15,274. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com PW maintains a projected 10 -year fleet rotation schedule which is updated annually for the Capital Equipment Replacement Fund as a planning tool to assist with identifying what long term equipment and vehicle replacement needs will be as well as adding new inventory to the fleet as the Town grows (including additional snow and ice trucks, loaders, specialized equipment that is location specific, etc.). Staff estimates purchase prices and anticipates what years of purchases will be needed based on current fleet status while applying a 5-7 percent annual cost increase. PW continues to maintain a lean (and aging) fleet of work vehicles and we have been very diligent with our requests for CERF purchases for many years. There are no apparent `simple' alternatives or solutions to solving the matter of unexpected and costly mechanical repairs to our fleet. ALTERNATIVES: 1. Approve the expenditure for the necessary engine repairs. 2. There are no cost effective alternatives for this request. RECOMMENDATION: This request has been placed under Consent Agenda. Staff recommends approving Resolution No. 2015-08-02 for the expenditure of the amount not -to - exceed $15,000. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com TOWN OF FRASER RESOLUTION NO. 2015-08-02 A RESOLUTION AUTHORIZING EXPENDITURES FOR ENGINE REPAIRS TO A PUBLIC WORKS 2008 SNOW AND ICE TRUCK. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town Board of Fraser, Colorado hereby authorizes the expenditure of not -to - exceed $15,000 for the repairs to the engine of the 2008 snow & ice truck as outlined by the Public Works Director's staff report. 2. This expenditure must be executed within fiscal year 2015 or this approval shall no longer be effective. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 19th DAY OF AUGUST, 2015. Votes in favor: Votes opposed: Absent: Abstained: (SEAL) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk TOWN OF FRASER RESOLUTION NO. 2015-08-04 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF GRAND FOR ROADWAY IMPROVEMENTS TO A PORTION OF COUNTY ROAD 804 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Mayor is hereby authorized to execute an intergovernmental agreement for roadway improvements to a portion of County Road 804 with Grand County. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 19th DAY OF AUGUST, 2015. Votes in favor: Votes opposed: Absent: Abstained: (SEAL) BOARD TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk INTERGOVERNMENTAL AGREEMENT CR 804 Improvements THIS AGREEMENT is made and entered into effective , 2015, by and between the TOWN OF FRASER, COLORADO (herein referred to as "Fraser"), and the COUNTY OF GRAND, COLORADO (referred to as the "County"). ARTICLE 1.0 - RECITALS AND PURPOSE 1.1 Fraser and the County are political subdivisions of the State of Colorado. 1_2 The constitution and Statutes of the State of Colorado, particularly Part 2, Article 1, Title 29, Colorado Revised Statutes, as amended, authorize political subdivisions to enter into agreements which may be of mutual benefit to both parties. 1.3 Fraser and the County desire to confirm their understanding and agreement on certain cooperative matters, as set forth in this Agreement. 1.4 This Agreement has been authorized and approved by the legislative body of each of the parties hereto. NOW THEREFORE, in consideration of the premises and the mutual promises and covenants set forth herein, the parties agree as follows: ARTICLE 2.0 - COUNTY ROAD 804 IMPROVEMENT PROJECT AND PROVISONS REGARDING FRASER PORTION 2.1 The County is has advertised for bids and awarded a construction contract for roadway improvements to a portion of County Road 804 ("CR 804"), also known as "Meadow Mile", within the County -owned right-of-way, which will include installation of a new concrete pan, road widening and asphalt overlay (the "CR 804 Project "or "Project"). Fraser owns the right-of-way for the portion of CR 804 within the Town boundaries, from the intersection with U.S. Highway 40 to the Town boundary where the County portion begins (the "Fraser Section"). The parties desire to provide for improvements to the Fraser Section as part of the County's CR 804 Project, in accordance with the terms provided herein. 2.2 The Fraser Section has been included in the plans and specifications for the CR 804 Project, and such plans and specification have been provided to and approved by Fraser. The bid amounts and other costs relating to the construction of the Fraser Section have been segregated for purposes of division between the County and Fraser as provided herein. 2.2.1 The parties have agreed upon the award of the bid to Morrow and Sons for the roadway improvements, including those relating to the Fraser Section, and that Section will be included in the construction contract entered into by the County for the Intergovernmental Agreement Page I of 4 CR 804 Project. The County agrees that such construction contract shall require that the contractor name both the County and Fraser as obligees on the performance and payment bonds and as beneficiaries of all indemnifications and warranties to be provided by the contractor for the CR 804 Project, or at least for that portion of the Project which includes the Fraser Section. Fraser shall also be included as an additional named insure on any insurance policies specifically required to be provided by the contractor in connection with the Project. The contract shall also provide for delivery of as -built plans for the Fraser Section to Fraser upon completion of the Project. 2.2.2 The County and its consultants shall be responsible for overseeing and administering construction of the CR 804 Project, including the Fraser Section. In the event unforeseen conditions arise during construction that require changes to the plans or an adjustment of the contract price relating to the Fraser Section, the County will consult with Fraser regarding such conditions and obtain Fraser's approval for any such changes or adjustments. 2_3 Fraser and the County agree to share the costs of the improvements and any approved Change Order to the Fraser Section in equal portions (50% each). Based on the winning bid by Morrow and Sons, the total construction costs applicable to the Fraser Section are $371,080.50, so the County and Fraser will each be responsible for payment of $185,540.25 toward such costs. The County will pay the contractor for the improvements and will provide an accounting of the costs attributable to the Fraser Section to Fraser at the conclusion of the Project or periodically as the construction progresses. Fraser agrees to reimburse the County for its share of such construction costs within thirty (30) days after receipt of the invoice(s) for same from the County. ARTICLE 3.0 - INDEMNIFICATION; APPROPRIATIONS 3_1 To the extent permitted by law, each party agrees to indemnify and hold harmless the other party, its employees and agents, from and against all claims, damages, liability and awards, including costs and attorney fees, arising or incurred as a result of any breach of this Agreement or any act or omission by the indemnifying party or its employees or agents relating to matters covered by the terms of this Agreement; provided, however, in case of liability to a third -party arising from a dangerous condition of CR 804 during construction of the Project, the party with jurisdiction of the portion of CR 804 involved in such claim shall bear the liability to the extent not covered by insurance. 3_2 Each party represents to the other that it has appropriated sufficient funds to pay its share of the costs of the CR 804 Project according to current estimates of such costs. This Agreement is not intended to create any debt or other multiple -fiscal year financial obligation of either party, and payment of any funds may become due in any subsequent fiscal year is subject to annual appropriations. Intergovernmental Agreement Page 2 of 4 ARTICLE 4.0 - MISCELLANEOUS PROVISIONS 4_1 Any notice hereunder shall be in writing and may be given by mailing to the address set forth below for the parry for whom the notice is intended, to be effective one day after delivery to a national overnight delivery courier service, cost prepaid, or three days following deposit in the United States mail, certified mail, return receipt requested, postage prepaid, or by actual delivery to the parry by other means including facsimile or e-mail. Mailed notice shall be addressed as follows: COUNTY County Manager Grand County Courthouse P.O. Box 264 Hot Sulphur Springs, CO 80451 FRASER Town Manager Town of Fraser P.O. Box 370 Fraser, CO 80442 4_2 Both Fraser and the County are entitled to the protections and immunities provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended. Nothing contained herein is intended, nor shall any provision hereof be construed as a waiver of such protections and immunities. 4_3 This Agreement embodies the entire agreement and understanding between the parties relating to the subject matter hereof and may not be altered or amended except by a writing signed by both parties and specifically referring hereto. 4.4 Counterparts. A copy of this Agreement may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together are deemed to be a full and complete contract between the parties. Execution of this Agreement may be evidenced by copies of signature pages sent by e-mail or facsimile. Documents with original signatures will be provided upon request of any party. IN WITNESS WHEREOF, the parties have executed this Agreement, effective the date first above mentioned. Intergovernmental Agreement Page 3 of 4 COUNTY FRASER GRAND COUNTY, COLORADO TOWN OF FRASER, COLORADO BY: BY: Chairperson, Board of County Commissioners ATTEST: County Clerk ATTEST: Mayor Town Clerk Intergovernmental Agreement Page 4 of 4 November 2015 Election Town of Fraser August 19,, 2015 Paul Wisor — Ehlers & Associates LEADERS E -H -L -E -RS I PBLIC;FINANCE Ehlers ■ Independent Municipal Advisors ■ Debt Planning, Issuance and Management ■ Financial Management Consulting ■ Economic Development Consulting ■ Strategic Communications and Elections Services November Sales Tax Election Historical Trends Polling Data Issues to Consider Election Deadlines Fair Campaign Practices Act Campaign Formation Historical Data ■ Statewide Municipal Elections (post -TABOR): 0 Total: 803 0 Pass'. 463 0 Fail: 340 0 Approval Rate: 57.7% Statewide Results Historical CAST Data ■ CAST Member Municipal Elections: 0 Total: 141 0 Pass: 96 0 Fail: 45 0 Approval Rate: 68.1 CAST Communities Passage Rates Year CAST Colorado 1993 50% 59% 1994 71% 51% 1995 33% 5% 1996 56% 64% 1997 160%a 54% 1996 67% 41% 1999 58% 59% 2000 80% 49% 2001 20% 46% 2002 50% 3% 2003 83% 68% 2004 75% 2% 2005 67% 49% 2006 50% 45% 2007 60% 56% 2008 63% 62% 2009 50% 57% 2010 83% 62% 2011 83% 65% 2012 100% 80% 2013 75% 64% 2014 89% 70% 2015 100% 100% Fraser Elections ■ 2for 4 Ad valorem tax of 5 mills for maintenance of water 135/156 treatment and distribution system Ad valorem tax of 5 mills for maintenance of sanitary 133/157 sewer collection and treatment system Sales tax on retail marijuana 220/87 Authorization of debt for construction of street and storm drainage improvements Survey Results Fraser Valley Strategic Economic Development Preliminary Results Expanding digital infrastructure/broadband Developing additional transit and multimodal transportation options in the Valley Increasing the availability of early education opportunities for children 0 to 5 Increasing the availability of adult education opportunities Increasing housing opportunities for the current and future workforce at a variety of price points Which three actions are the most important? Nurturing and grow the tourism industry Focusing on creating a quality of life that is attractive to younger generations Increasing opportunities for seniors Increasing business recruitment Improving K-12 education opportunities Pursuing advanced education opportunities for post -secondary Improving access to and quality of health care in the Valley n= TOTAL Town of Residence Other Other Fraser Grand Overall Winter Park Fraser Valley County 40% 38% 39% 51% 37% 58% 67% 57% 54% 54% 10% 6% 8% 13% 18% 10% 9% 6% 15% 13% 46% 51% 47% 40% 44% 29% 37% 28% 18% 25% 14% 14% 17% 11% 13% 4% 1% 5% 4% 8% 25% 27% 28% 18% 20% 20% 13% 16% 33% 24% 10% 6% 9% 13% 13% 27% 19% 34% 22% 25% 429 112 155 72 71 Fraser Resident Responses I would not view this as a tax but as an investment in our Fraser Yes community. Depends on what the money will be spent Fraser Uncertain on I think you could raise funds better by having a fair to ride. Fraser Uncertain You can have monthly passed for people to buy. Fraser No Lower taxes! I feel the trail signage improvements have drawn a lot of users to the trails. I'd like to see the improvements continue. Anything we can do to limit additional driving while increasing usage of the valley should be done. I'd also like to see something in place for Granby and Tabernash residents working at WP. They shouldn't have to rely on hitchhiking to Fraser Yes get to and from work. Transportation is a priority in my opinion. Local roads as well Fraser Yes as 170 cannot handle more traffic. I don't know what the actual sales tax rate now, so hard to answer the question. Also, need to know it is in other Fraser Uncertain mountain towns to compare. My fear would be it would be used to construct more giant houses and attract businesses meaning more construction, Fraser Uncertain rather than education, trail maintenance and transport. Fraser Uncertain No CAST Sales Tax Rates Accomm Mill Sales Lodging Sales Levy Tax Tax Tax Winter Park 3.765 8.9 8.9 Fraser 8.29 7.9 9.7 Granby 7.234 7.9 9.7 Grand Lake 5.828 7.9 9.7 Kremmling 9.543 7.9 9.7 Aspen 3.854 9.3 11.3 Avon 12.258 8.4 12.4 Breckenridge 6.945 8.275 11.675 Copper Mountain 30.5 5.775 5.775 - Crested Butte 10.806 8.5 8.5 Dillon 3.351 8.275 10.275 Durango 2.507 7.9 9.9 Estes Park 1.83 8.55 10.55 Frisco 0.798 7.775 10.125 Glenwood Springs 3.752 8.6 11.1 Grand Junction 8 7.65 10.65 Keystone 5.775 5.775- Minturn 17.934 8.4 9.7 Mt. Crested Butte 10.378 9.6 13.5 Mtn Village 13.604 8.4 12.4 Ouray 11.083 7.9 7.9 Silverthorne - 7.775 9.775 Silverton 11.037 8.9 10.9 Snowmass 7.356 10.4 12.8 Steamboat Springs - 8.65 11.65 Telluride 5.812 8.4 10.4 Vail 4.726 8.4 9.8 Accomm Lodging Local Mkt Tax Tax Transit District Other State County 5 1 4- 2.9 4- 1.8- - - 2.9 4- 1.8- - - 2.9 4- 1.8- - - 2.9 4- 1.8- - - 2.9 2.4- 2 0.4- - 2.9 4 4- - - 2.9 2.5 3.4- 0.75- 0.125 2.9 - - 0.75- 7.125 2.9 4- - 0.6 4- 2.9 2.5- 2 0.75- 0.125 2.9 3- 2- - - 2.9 4- - - 2- 2.9 2- 2.35 0.75- 0.125 2.9 3.7 2.5- 1- - 2.9 2.75- 3- - - 2.9 - - 0.75- 7.125 2.9 4- 1.5 0.5- - 2.9 5- - 0.6 4- 2.9 4.5- 4- - - 2.9 3- - - 2.9 2- 2 0.75- 0.125 2.9 1- 2- - 2.9 3.5- 2.4 0.4- - 2.9 4.5 1- - 2.25- 2.9 4.5- 2- - - 2.9 4- - 0.5 1.4- 2.9 1 1 1 1 1 3.6 1.5 2 2 1 2 2 0.6 2 1 2 2 1 1 1 2 2 5 3.6 1 1 1 Election Considerations Consideration Pass Fail 57% Support x Winter Park 2% Sales Tax on ballot x One question, easy story to tell, opportunity for education x 33% will always vote "no,, x Tax Rate As Compared to CAST Communities x x Flexibilityto Address Other Needs x x Impact on Spending in Town x Growth in revenue tied proportionately with economic growth x Business Retention x x Deadlines ■ September 2nd - Last regular meeting to place election question on ballot ■ September 4th — County Clerk certifies ballot ■ September 18th — Last day to file Pro/Con statements ■ October 9th — Last day to withdraw ballot question (requires prior Council Action) Fair Campaign Practices Act ■ Effective when the Town passes resolution placing question on ballot ■ Restricts the use of public money in elections ■ Prohibits the Town from making any contribution to any campaign ■ Prevents the Town from expending any money urging electors to vote for or against a ballot issue ■ Applies to the use of money as well as government resources, including employee time Fair Campaign Practices Act ■ Factual Summary Allowed ■ Government officials may express personal opinion ■ May respond to questions in factual manner ■ $50 exception ■ Town Council may pass resolution of support Campaign Committee ■ Serve as manager of campaign ■ Fundraising ■ Messaging ■ Volunteer Coordinate ■ Outreach ■ Voter Turnout ■ Comprised of community leaders