The URL can be used to link to this page

Home My Public Portal AboutTBP 1997-01-15 . . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 TOWN BOARD AGENDA REGULAR MEETING .JANUARY 15, 1997,7:30 p.m. 1. Roll call 2. Approval of 1/8/97 minutes 3. Open For~m ~ tJ ~ ow 4. 8:00 p.m. Public Hearing to consider an amendment to the Fraser Municipal Code relative to air quality 5. Action Items 5.a. Ordinance 231, an ordinance repealing and replacing Article 7-8 of the Fraser Municipal Code and setting forth certain provisions to control air pollution within the Town of Fraser. 5.b. Greg and Tina Blair, d.b.a Sharky's, requesting a sign code variance. '>w\"",+-~~ Hi" ~c. Motion to consider the purchase of a new front-end loader. 5.d. Ordinance 232, an ordinance amending Article 10-1(3) of the Fraser Municipal Code, relating to Planning Commissioners' tenns of office. 5.e. Resolution 1-3-97, adopting a "3-Mile Plan" for the Town of Fraser. 6. Discussion Items 6.a. Proposed amendments to the towns water meter policy, and plant investment (tap) fee. 7. Staff Choice 8. Board Member's Choice 8.a. Monthly meeting schedule 8.b. SmartShuttIe request for funds Upcoming Meetings January 16th: Walk Through History Park 501-c-3 potential Board Member meeting, 4:00 at the Fraser Visitors' Center January 22nd: Planning Commission regular meeting February 5th: Town Board regular meeting .. , :.....,1, ' ' , 'I . . 1-,1.;" ;.;;' I , '~ ,':, /, """""1":' I.' . . TOWN:Of FM~ER ,', , " ' "lj:ebolf: ~f tJl~ ~a.tl~,..." ,I . P.O. 13!?)l: 1?O:l1~3 Fr~ser Avenulil " ' )' Fra,~r, Colora~o 80442 " ~ ,; " '. 1., (9?Q) 7213-5491 , ,: FA)(o~:n!t: (970) 7g6-5518 I,; t ii.;~F. .' .... ,'f"rIJ '," :';'.;,:i/,Mcmaget~~rt~gn~JllqI97 , ':,t"{i:;,;l'\: ,,"'.',.i) ", :', ," ," " '. ,: '. ;1" Ii' .,' .' ...".",:,it~,l<s li.k~.M~therb1.WyWe4nesd,ay nigh~! We have'seyer~ act,ioijite~ I.. most 'of ' ','.; ""i~:.!r,\#N~h MYe.;Fe~dr~~p:,d~~~d at 1~J1gth. Thesewch1Cl~tl1e,~ qu~ty ordma~W~f" I i;.( ;i):'; ,i}: ,l;~r~q Qf;)]n~~i?nersr term~, ~d the 3 wile plan. ~ ~el) tlle 3 mile Polan W~ l~t i J'.".r/"':;.Ii{':':ti~n ~e ~~~n9~ (Pl1~l,PlP:q~h ago): W~t?r PMk w~cP~~~~edflbo~t the are~ m the :rlan:. :.. ~r ;i,){~yt!t~t ffl mlmedif.1~ly lV~t pf ~elf eXISting TpM' bp1Pldape~. .'WltU~ Cathel1J.le h~ JU,et::; " I:; ',.\ '~;"'~,"M~ BoP, ~~Y4Ulo.. M)4,Pcuyl Shfwn to'discuss the plew, w~h~ve'not heard any~~:" ".' , ,... .<",-,:,), ,~~~ troJll Wmterrflf~.' Dfl1'YI knQW$ the. plan is' on W edi1esfl~Y's agell~a. . '., .'~::'??:'f:;V(~;:~" ! ~, . '.f':. ,~'\,,;L~' ,.' ..', . .' ',', , '. .r'.,," .'.. ,', : , ;'0;;' {.';h; N~w a~qQlfit~~iIWlud~:~ {equest to awarq a bid for a.tr91)t endlojider.; This item'~'" : ",.!: ;',1!:';~ip8P#1l~~PY tile N~4~r who llasoffered ~ 11&~d lpager t()the TpWll fOffl gooq price!, . :" ifU ij~ has mdic4~d th~t .~~ ~Jloldm~ oihe~ offer~ :whi1~ we,co118.jfler the purchasCi!, Jim .....' '~ r;'.t~~l<er mn. \>~pre~nt pn Wedne~4ar~ght tQ addrfi1$s thi& ~$lle~! please s~e his ptemo. i, i ,:'.Qr~$ AAQ Tw~ Blcdr W9uld. ~o Jil<e tQ request" vfUiiWcefrc>mtJ1~ sign code., They hay~!' ;' 'iI ~J~iWner th~y hilve P4lced. ()~ tltew vehid~ whllett ~ parke~ '41 the'Mustcmg parking Jot' ,.1 :,,'.','Whic4 yipH-te~ th~ sigq co4e.,lt ofCUft,t tp m~ that there jiTe ~t leAAttwp issuef' here: ~h~: , '_,i.4i.,!' "..1,';~~gn~q4f;!yi.Q1atioJl ~4.themoregen~ra1 policy al;>out usmp Town. prol'~rty tp advertij~i': , '. ".., '3 busmes~' ,., ' '" 1. : ~. ":"6;':;:!>}. 1 .y,.". . ;.". .", . .., . ", ;. :. " , , "'~::' ~b.\r~ ~ ~!lll"~ ,;., l\I2l~de4w'..~ meter ~ th.,t ~p<4tell tire", '.. . '1, I '. ..... ~>:~f~qmpme~t :reqmredf9r the ffldio read meters.. When theinjPal w~ter JIleter policy w~' :: , : : '. ; :'~I~t;~~9rted,:'wa!eJ', fe~Wel'e raised $1.35 'fl month to payfpr th~ ~Q~ts of meter purchase, '. . ~'\'..~4 ins<<tUapol1.By changing to radiq-read meters, the cost per meter increflSed $140: , /. , .' ,. . .,~."i::~~yo~ ijlt'rJ;"ested m mg~~ing water fees again to cover this, addjnonal c9st?Tl1~:' '. ,;:1 '.' ,f./:. :'~,' rf~p~~e~ policy also ~uggest$thilt W~ c~ge out pl~t iJives1:tlle~t (tap) fees, mCfeasm~ ., ::i ,'~' ~,:' ''1: ::,~,the~ $35q ~~~ p, sm~le family hOIl\e tap~ While this is a ch~ge in the ~p fee, it is not a,;: I ::.' ,,:',?- In~fuuig~ ~.what we ~~nt1y c:harge1 Today, wh~fl someone puys a tap ($2,000), they. : ,Ii . ~ ~," 4av~ to t;unl Mound fU1q.pur~hase the meter ($3SP).. We are ~uggesting that when yoq: ":' . '!i . , ~ ~:., :'~ ~uy the @r yoq get. your plete~ free. This will reduce the nuptber of ~4eck& written to I I I , . '~t~~;\~~ T9wn ;rod it wW 9~f,)Wflge people trom hqying tal'$ on, spe~tion. Ifyolt adopt : ./,; :!i;{r~:t ijl,~ pe~ 'W~Prf,lU(!t~f pp~cy~we will J;l~ed to adol't aresollltipi1 Cllll~ndmg plant , : ,.~. .".';,' I,. I, ,:; ':':,.mVe~Q:q~~t,f~~f !\$ we M~ already bemg apprpach~4 with, &1Qnmer b~db;tg pl~,this , . . ,~'" u:.-.;' 1 d' . 1 " ,- , "l +!?' ~ ~~e y . ~SlOn.. . " _ ' , :' ,'., ': :'. '.)Vi'!\r,'i"';'~i:'I.,i' .,',:' I' L ''",,(" ~~..yOll We4i1.~~day! : ", ,;;,}'>,'I , '> ,..~! . ': ýÿ . . TO\VN BOARD JAN. 8, 1997 The regular meeting of the Town Board was called to order at 7 :30 p.m. Board present were Mayor Protem Havens, Klancke, Swatzell, Sanders and Wirsing. Minutes of the 12-18-96 meeting were approved as written. OPEN }i'ORU1\-l James Newberry, the new County Commissioner for this Disblet spent a few minutes discussing vanous ISsues. There is a planning commission position open in his Disblct should the board have any suggestions. Also Newbcny stated that one of the first issues would be the considered growth moratorium and the Town could comment on that if they wanted. Newberry expects to attend our meetings from time to time and of course is available for conversation. Gerry Groswold has announced his retirement it'om WPRA. The Town extends their best wishes and thanks to GellY for all of the community support over the teml of his leadership. SMART SHUTTI,E lVfaire Sullivan reviewed the need for this type of seNce, funding discussion and answered general questions. The service is ask.ing for the Town to fund $1500 ior the service. The Board will make a decision at the next meeting. ACTION ITEMS ANNEXA TION HEARING ON TWO PARCELS RELATING TO KINGS CROSSING ROAD. Wirsing made a motion that the documents presented that accomplish the annexation be changed to renect 1997 in place of 1996, 2nd Swatzell, carned. Ordinance 229 Reid Introduced proof of publication; applicable requirem("'Ilts of C.R.S. 31-12-108 met; annexation impact report not required; staff and attorney has reviewed petition and found it in compliance with all applicable statutory requirements, esp. C.R.S. 31- 12-107(1); petition signed by 100% owners, therefore annexation can be done by Ordinance. ll1tro.4~~~tiQn {)f ~?Llripi~~; Exhibit A - Petition for annexation Exhihit B - Annexation Map ýÿ . . Exhibit C - Resoiution H-i-96 ofihe Fraser Board of Trustees seiiing this matter for public hearing. Exhibit D - Publisher's aJfidavit of notice for public hearing. Trustee Wirsing moved that Exhibits A,fi,C, and D be admitted as evidence in connection with the proposed aooexation, se~onded Swatzell. Vole 5-0 No audience comments. Swatzell moved to close public hearing. 2nd Klancke, canied. Tmstee Swatzell moved passage of resolution 1-1-97, a resolution adopting fmdings of tact and conclusions pertaining to the annexation of a parcel of land totaling approximately 2190 square feet, Second Wirsing, canicd. Tmstee Wirsing moved to adopt Ordinance 229, an Ordinance aooexing approximately 2190 square feet to the Town of Fraser, 2nd Sanders. Trustee Wirsing moved to sllspend all.rules of this Board which might prevent, unless suspended, Ihe final passage and adoption of this Ordinance at this meeting. I further move that the same rules are suspended for lh\: purpose of pcnnittiug the tinal passage and adoption of this Ordinance at this meeting 2nd SwatLel~ canled. V ote on Ordinance 229, 5-0, canied. Trustee Swatzell moved Ihat Ordinance 229 be published in the :t\.1anifest, 2nd Sanders, carried. Annexation Ordinance 230 Reid introduce proof of publication; applicable requirements. of C.R.S. 31-12-108 met; aoocxation impact report not required; stall' and attorney has reviewed petition and found it in compliance with all applicable statutory requirements, esp. C.R.S. 31- 12-107(1 ); petition signcd by lOO~'o owners, therefore aoocxation can be done by Ordinance. Introduction of \.';xhibits: Exhihit A - Petition for annexation Exhibit U - Annexation Map Exhibit C - Resolution 11-2-96 of the Fraser Board of Trustees setting this matter for public heming. Exhibit D - Publisher's affidavit of notice for public hearing. Trustee Swatzell moved that Exhibits A,B,C, and D be admitted as evidence in connection with tllti propolStid alUltiX<ltioIl, 2nd Wil'lsiug, cal'litid. ýÿ . . Swatzell moved to close healing to public input, 2nd Klancke, callicd. Swatzell moved to pass Resolution 1-2-97, a resolution adopting findings of fact and conclusions I pertaining to the annexation of a p.m;d of land tolaling approximately 1010 square feet, 2nd Wirsing, carried. Trustee Wirsing moved to adopt Ordinance 230, an Ordinance annexing approximately 1010 square feet to the Town of Fraser, Second Swatzell. Trustee Sanders moved to suspend all rult;s of this Board which might prevent, unless suspended, the final passage and adoption of this Ordinance at this meeting. I ful1her move that the same mles are suspended for the PU11)ose of pennitting the tinal passage and adoption of this Ordinance at tltis meeting, second Swatzell, callied. Vote on (>rdinance 230, 5-0, canied. Tmstee Wirsing moved that Ordinance 230 be published in the Manifest, 2nd Swatzell, carried. OFFICIAL POSTING PLACE Swatzell made a motion that the official posting site for the Town is the buUetin board in the foyer of the Town Hall, 2nd Klancke, canied. The Town is still looking into acquuing space at the Fraser Post Office so that more infonnatioll is available. DISCUSSION ITE~lS Air Quality Ordinance was reviewed. Board would like the rebate to be $50.00. Hearing set for the 1-15-97 meeting. Board discussed proposed changes to Planning Commission tenns and ad\~sed SkeHan to present this in Ordinance fonn lor adoption. Jim Hoy letter was agaul discussed with regards to using a resin matetial on all future Sculpture. Board approved the resin mat~rial. Jan. 16th at 4:00 p.m. thl.: Town will host a meeting regarding the fonnation of the 501 C 3 organization. STAFF CHOICE Feb. 13th at 7:p.m. is a meeting with the growth coordination committee members to discuss the vision statement. Reid briefed the Board on il1l1ecting regarding Sateway plans on the new property. . . Young Lite questioned office space from the town.. We have no space available. The street crew is cun-ently using a loadl,;l' te>T trial that might be considered tor purchase. Staff has asked Maryvalc to postpone the processing of the FPDP until after their election. Election calendar handed out. Skelton reported that the Headwater Trail group now has staff and she will ask them to a meeting. Executive session Wirsing moved to go into executive session to discuss employee matters, 2nd Swatzell, canied. No further business meeting adjourned at 10:00 P.M. ýÿ . . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Une: (970) 726-5518 TO: Mayor Johnston and Town Board Members FROM: Catherine Skelton ~S DATE: Friday, January 10. 1997 RE: Agenda items for January 15th, 1997 meeting There have been some slight changes to the proposed ail quality ordinance which is scheduled as an agenda item and public hearing f(Jr the January 15th, 1997 To\Vn Board meeting. The changes are highlighted in hold text in the enclosed copy. Please call with questions and comments, jf need be. Tina and Greg Blair are requesting a variance to the Fraser sign code. They ,,,ould like to be able to display a temporary ~ign (i.e. banner and/or samhvich board) at the Fraser Mustang site. This would fall into the categmy of an "olf-premise" sign which does violate the sign code, Last year, we did amend the sign code to allow the Town Board to grant sign code variances to new businesses f()r a period of two years commencing on the opening day of business. This ,vas done in an effort to promote new businesses throughout TO\vn. Hmvever, this amendment pertained to temporary signage only and did not allow "off-premise" signs. Tina and Greg will he in attendance at Wednesday night's meeti.ng to plead their case. ýÿ . . ~ .. TOWN OF FRAS~ ORDINANCE NO. ____ AN ORDINANCE OF THE TOWN OF FRP.SER, COLORADO, REPEALING AND REPLACING ARTICLE 7-8 OF THE FRASER MUNICIPAL CODE AND SETTING FORTH CERTAIN PROVISIONS TO CONTROL AIR POLLUTION WITHIN THE TOIt,lN , AND PROVIDING DETAILS WITH REGARD THERETO. - WHEREAS, the Board of Trustees of the Town of Fraser has found and determined that solid fuel burning devices, slash burning, and automobiles cause the emission of large quantities of particulates and gases which substantially contribute to air l pollution, .. ~\IHEPEAS , the Board of Trustees of the Town of Fraser has found and determined that air quality is an important component of the health, safety, and welfare of the citizens and community of the Town of Fraser, v.,1HEPEAS, the Board of Trustees of the Town of Fraser has found and determined that the Board has a duty to protect and improve air quality and preserve the scenic natural resources of the community by the control, prevention. and abatement of air pollution in and around the Town of Fraser, NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART I: AMENDMENT TO TOWN CODE. The Code of the Town of Fraser " Colorado is hereby amended by repealing existing Article 7-8, and adding a new Article 7-8 to said Code entitled "Environmen tal Qual i ty-Air PoIlu t ion Control, II \'lhi ch shall read as follows: ARTICLE 7-8 ENVIRONMENTAL QUALITY - AIR POLLUTION CONTROL Section 7-8-1. Purpose. (1) The Fraser Board of Trustees hereby finds and declares air quality to be an important component of the health, safety, and welfare of the citizens and community of the Town of Fraser and the Town Board has a duty to protect and improve air quality in and around the Town, and to preserve the scenic natural resources of the community. It is further declared that the control, prevention, and abatement of air pollution within the Town of Fraser is a matter of significant local interest and concern. To this end, these regulations are intended to achieve the following specific purposes: 1 . . ~ A. To protect the air quality in the Town of Fraser. B. To reverse the trend towards increased air degradation in the Town of Fraser. C. To provide heat sources that are efficient and have a reduced air polluting effect. Section 7-8-2. Definitions. ( 1 ) For purposes of this Article, the following terms and phrases shall have the meanings indicated: I (a) Building Official: The official or other designated authority charged with the administration and enforcement of the Uniform Building Code and the Town's code. ( (b) Certified solid fuel burning device: A solid fuel burning heatinadevice which is certified by the Air Pollutidn control Division of the Colorado Department of Public Health and Environment, to meet the emission standards set forth in Section IV of. regulation #4 of Volume 1 of the Standards of the State Air Quality Control Commission. ( c) DATel1 ing.. ...t';'ingJe FamiJy~ A detached building designed exclusively for occupancy by one family. (d) Dr.y-elling.. }lfu.Jti Fam.iJy: A building designed for or occupied by two or more families living independently of each other. (e) Idle or IdIing: The running of the engine of a motorized vehicle of any type ~h'hatsoever In'hile the vehicle is not being operated for its intended purpose, on either public or private property within the Town of Fraser. f ) Non-soJid foeJ burning device: A heating device '\1/hich burns a non-solid fuel, such as natural gas, 1iquefied p'etroleum, or similar fuel in an appliance and/or device (g) Person: Includes any individual, corporation, limited liability company, partnership .' cooperative, firm or other legal entity. (h) Slash burning: A method of clearing forested areas by cutting down and burning vegetation. 2 . . , (i) So.1.id FueJ Burn.ing Dev.ice: Any fireplace, stove, firebox, or other heatin~ device intended and/or used for the purpose of burnlng wood, coal, pulp, paper, pellets, or other non-liquid or non-gaseous fuel. (2) Any word. term, or phrase not herein defined or specified shall be defined in accordance with the Town of Fraser zoning and subdivision regulations. Section 7-8-3. Solid Fuel Burning Devices. A. No person shall install, or replace a solid fuel burning device, (or a non-solid fuel burning device) within the Town of Fraser without first obtaining a building permit in accordance with the Uniform Building Code as adopted by the Town of Fraser. B. No person shall install or replace a solid fuel burning device unless the solid fuel burning device is a certified solid fuel burning device. C. Limitation on the number of devices: 1. A detached single family dwelling for which a building permit is issued after effective date of this Ordinance may have no more than one (1) certified solid fuel burning device per dwelling. 2. Duplex units, or n building with two dwelling units, for which a building permit is issued after effective date of this Ordinance, may have no more than one (1) certified solid fuel burning device per dwelling. 3. No solid fuel burning device shall be allowed in apartments, condominiums, townhouses, hotel/motel rooms, acces$ory buildings. accessory apartme~ts, restaurants, bars, commercial and industrial buildings other than one (1) certified solid fuel burning device per lobby or other main common area. 4. Any non-certified solid fuel burning device that requires replacement, relocation, or significant modification, must be removed and/or replaced with a certified solid fuel burning device, or non-solid fuel burning device. 3 ýÿ . . D. Any solid fuel burning devices which are pre-existing before the effective date of this Ordinance shall be exempt from the provisions set forth in this Ordinance. However, if said solid fuel burning device is replaced, it must be replaced with a certified solid fuel burning device, or a non-solid fuel burning device. .-.-----..------ r- E. To encourage the conversion of open wood burning fireplaces and non-certified solid fuel burning devices to certified solid fuel burning devices and non-solid fuel burning devices, a rebate of $50.00 shall be paid to any building owner who converts to a certified solid fuel burning device, or a non-solid fuel burning device after the effective day of this Ordinance. In the case of a time share, or interval ownership , unit, the rebate shall be paid to the Homeowners' Association. - Section 7-8-4. Slash Burning. A. Any subdivider who is contemplating the clearing of forested areas is strongly encouraged to mulch, separate for firewood, or use other methods which do not involve slash burning to remove such materials from subject property. B. Any subdivider who does use slash burning methods to disp?se of slash materials mu~t contact ~ko C?lor~J~~~LaL~ F~l~St Sor'.:Ico.. .:md ~ East Grand FIre ProtectIon DIstrIct to receIve direction on optimum burning methods. The subdivide&Jshall ~~ follow the direction of the East Grand Fire Distri~anQ t(: ) ~o 'd rJ. Golore.do $.taJ;.e Forw:'t ~9n'i ce. 'M\1~ ho.Nt f~-&6b ~ Took rrr ~W':! ~ ~\~ ~ C. No subdividel;' shall burn slash.. or caus r allow ~ ~~. be burned without approval of the b y the Colorado r~~ State Fores~ ~ yice. The subdivider m contact the Colorado f State Forest Servic. inimum of (10) days before a burn is to occur, to request a day rn weather forecast which will be conducted on-site, allow' the Co ~ do State Forest Service to forecast smoke dispe al at the location 0 e proposed burn. Any fees charge y the Colorado State Forest Ser e for such si te 'visi t s all be paid by the subdivider. Smoke dis ~ al forer .~~s must meet a minimum standard set by the Colorado F- est Service for a burn to occur on a chosen date. Section 7-8-5. Engine Idling. A. It shall be unlawful for any person to idle or permit the idling of the motor of any stationary. motor vehicle for a prolonged or unreasonable period of time determined herein to be fifteen (15) minutes or more within anyone hour period. 4 . . . . B. This section shall not apply when an engine must be operated in the idle mode for safety reasons, including, but not limited to, the operation of cranes and fork lifts used in the construction industry. Section 7-8-6. Appeals. ( 1 ) Appeals of orders, decision or determination made by the building official relative to the application and interpretation of this Ordinance shall be heard by the Fraser Board of Trustees. The decision by the Board of Trustees shall be final. Section 7-8-7. Penalties and Enforcement. ( 1 ) Any person admitting liability for, found to be guilty of, or against whom a default judgment has been entered for a violation of this Article, shall be subject to a civil penalty of not more than three hundred dollars ($300.00) . Each and every day a violation of this Article exists shall be deemed a separate offense, for which a separate civil penalty may be imposed. Proceedings for the determination of such liability and imposition of such civil penalty shall be conducted in the Municipal Court in th~ same manner as proceedings relating to noncriminal traffic infractions, in accordance with the provisions of Chapter 9, Article 9-1 of the Fraser Town Code. In no case shall any defendant found guilty of any violation of this Article be punished by imprisonment for such violation. ( 2 ) In addition to other remedies provided by law, the Board of Trustees of the Town of Fraser may take such action as is available for nuisance abatement under the laws of this State and the Town, to prevent, enjoin, abate, or remove any such violation or threatened violation of this Article. PART 2: REPEM.. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. 5 ýÿ . . . .. . PART 3: SEVEF:ABILITY. If any section, subsection, ::=:en tenee, clause. or phrase of this Ordinance is. for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Tm'ln of Fraser hereby de.-::lares that it ,>,,'ould have adopted this Ordinance, and each section. subsection. clause or phrase thereof, irrespe6tive of the fa(~t that anyone or more sections, subsections, sentences. clauses and phrases thereof be declared invalid or unconstitutional. PART 4: EFFECTIVE DATE. This Ordinance shall tak:e ef feet immediately after passage, adoptic)!1, and publication thereof as provided bo:};' law. READ, PASSED, ADOPTED AND ORDEPED PUBL I SHED BY THE BC1APD OF TPUSTEES AND SIGNED THIS DAY OF 19 - BOAR D OF TRUSTEES OF THE TO\- -,.,I1'1 OF FPASEP, COLORADO BY: Jeff Johnston., Mayor ATTE ST: (SEAL) \.1i rgini8 \A.1inter, Tm'm Clerk Published in the Winter Park Manifest on , 19 - . 6 ýÿ . . .,. , TO\VN OF FRASER ORDINANCE NO. t~~ AN ORDINANCE AMENDING ARTICLE 10 OF THE CODE OF THE TOWN OF FRASER BY DELETING AND AMENDING SECTION 10-1-3 WHICH REGULATES THE TERMS OF THE FRASER PLANNING COMMISSION. WHEREAS, the Board of Trustees finds and determines that the proposed deletions and amendments are in the best interests of the public health, safety, and general welfare of the citizens, residents and taxpayers of the Town of Fraser, WHEREAS, the Board of Trustees finds and detennines that the current six (6) year tenn limits for the Fraser Planning Commission is a long tenn public service commitment, WHEREAS, Colorado State Statutes allows the governing body of each municipality to amend the subsection of the regulations that dictates the terms of planning cOmmtsSloners, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART I: AMENDMENT OF TOWN CODE. The Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Town Code") is hereby amended as follows: 1.1 Section 1O~1~3 of the Town Code is hereby deleted and amended to read as follows: (1) The terms of the ex-officio members shall correspond to their respective official tenure. The terms of each of the appointed members shall be four (4) years or until his successor takes office; except that the respective tenns of two of the currently appointed members shall end at the next regularly scheduled Municipal election to be held in ] 998, and two of the currently appointed members shall end at the Municipal election to be held in 2000. PART 2: REPEAL. Any and alJ existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. ýÿ . . ~ ... PART 3: SEVERABILITY. If any section, subsection, sentence, clause, or phase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser' hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phases thereof be declared invalid or unconstitutional. PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption, and publication thereof as provided by law. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS _ day of January, 1997. BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: JeffJohnston,~ayor ATTEST: ( SEAL) Virginia Winter, Town Clerk Published in the Winter Park Manifest on , 1997. ýÿ . . , RESOLUTION NO. TOWN OF FRASER A resolution ratifYing the Town of Fraser's Three Mile Annexation Plan as approved by the by the Fraser Planning Commission and as authorized by Colorado Revised Statutes. WHEREAS, the Town of Fraser is required by Colorado Revised Statutes 31-12-105 (I) (e) to have in place a Three Mile Annexation Plan prior to the completion of any annexation within a three mile area from the existing municipal town boundaries~ and WHEREAS, the Three Mile Annexation Plan will be used in conjunction with the Fraser Community Plan Volume I and II, and the areas depicted as the "secondary growth areas" have been discussed in detail regarding land description, land use, utilities, transportation, community services, open space, parks and recreation; and WHEREAS, the Fraser Planning Commission has reviewed the Three Mile Annexation Plan, and has deemed it necessary for the protection of the health, safety, and welfare of the current and future inhabitants of the Town of Fraser, adopting said plan on December 11, 1996; and NOW, THEREFORE, BE IT RESOLVED BY THE FRASER BOARD OF TRUSTEES THAT THE TOWN OF FRASER ADOPT THE THREE MILE ANNEXATION PLAN (Exhibit A, B, C attached) AS APPROVED BY THE FRASER PLANNING COMMISSION AS A PLANNING TOOL FOR THE TOWN OF FRASER. DUL Y MOVED, SECONDED, AND ADOPTED THIS _ DAY OF JANUARY, ]997. TOWN OF FRASER By: Mayor Attest: Town Clerk ýÿ