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
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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
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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").
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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.
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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,
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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
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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
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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:
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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
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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
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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]
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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
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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 _
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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