HomeMy Public PortalAboutTBP 1997-02-04
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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
TOWN BOARD AGENDA
SPECIAL MEETING
FEBRUARY 4, 1997,3:30 p.m.
1. Roll call
2. Executive Session to discuss the potential acquisition of real property.
3. 4:00 p.m. Joint meeting with the Cemetery Association and Maryvale.
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V AN VOORHIS, MeGA TH & OVERTURF, P.c.
A PROFESSIONAL CORPORATION
ATIORNEYS AT LAW
1675 BROADWAY, SUITE 2350
DENVER, COLORADO 80202
(303) 592-4250
FAX (303) 592-4298
January 24, 1997
Mr. Chuck Reid
Town of Fraser - Manager
P. O. Box 120
Fraser, Colorado 80442
Re: Fraser Cemetery Association
Dear Chuck:
At the request of Jeffrey Johnston, you are seeking to convene a meeting
on February 4,1997 to "mediate" between the Fraser Cemetery Association, the
Town of Fraser, and the developers of Planning Area 28.
We are aware that this "mediation" is taking place immediately prior to
the Fraser Sanitation Board considering the annexation of Planning Area 28 into
its sewer district, and subsequent to the failure of Planning Area 28 to be sold to
a third party:
The cemetery board shall meet on Thursday, January 3D, 1997. At that
meeting, among other items, the cemetery board shall determine whether to
attend the proposed" mediation". As you are aware, the cemetery board has
already attended numerous meetings and expended substantial energy in
attempting to put forth reasonable requests to protect the cemetery from
problems created by the hasty annexation of the Bollinger Tract and other
concessions granted to the developers. The attendance at other meetings has
resulted in conceptual agreements that have never materialized into concrete
protections.
With that background, in order to convince the cemetery board of
spending more energy and resources to attend the proposed meeting, I suggest
the Town and the developers demonstrate good faith, in advance. The cemetery
board requests that the Town provide the language that shall appear on the
. . .
" ballot concerning the special election protesting the effects of Ordinance 225
immediately.
With respect to the developers, the cemetery requests that they present
their proposed easements regarding the exclusivity of the entrance to the
cemetery and negative easements regarding screening and view corridors, in
advance of the proposed meeting.
If you have any questions or comments, please do not hesitate to call.
Very truly yours,
V AN VOORHIS, McGATH &
OVERTURF,P.C.
tell--
Ross L. Libenson
RLL/ slm
cc: Jeffrey Johnston
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V AN VOORHIS, McGATH & OVERTURF, P.C.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
1675 BROADWAY, SUITE 2350
DENVER, COLORADO 80202
(303) 592-4250
FAX: (303) 592-4298
January 24, 1997
Mr. Chuck Reid
Town of Fraser - Manager
P. O. Box 120
Fraser, Colorado 80442
Re: Fraser Cemetery Association
Dear Chuck:
During our January 22, 1997 conversation you confirmed that you have
directly contacted my clients, again, without notifying me or contacting me in
advance. As in the past, I have requested you to contact me directly when there
are matters concerning the Fraser Cemetery Association so that we can avoid
future confusion regarding the position of the Fraser Cemetery Association.
This, in turn, shall lead to a greater opportunity to achieve an advancement or
betterment of the health, safety and welfare of the Town of Fraser as it relates to
the important issue of the protection of the Fraser Cemetery Association for the
people of Fraser.
Very truly yours,
V AN VOORHIS, McGATH &
lR{~
Ross L. Libenson
RLL/ slm
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VAN VOOIUllS, MtGATIl &: OVERlUHF, P.t'.
f\ J'H()FF~;:;JON 1\1, COln'(\f{!\ UOI',!
A ITOHNFYS Al LA \\'
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IJENVEH, ({.HJ.W/\' lO f(O;'.1J2
P(3) SQ2. 1230
FAX. 00:\) 592-"29B
Janua..y 31, '199'7
Mayor Jeffrey Jo}msh.lll
To'wn of Fnwer
P. O. Bo;~ 120
Fmser, Colorado 8tH,'l2
'y!Af ACSI~tu'~l~
TOWN OF 1;ItASEH:
(970) 726-55'18
Re: Tm01t Purc/ttlsl.' ami Use (~rPlml1lil1g A 1'1'17 28
Dear Ieffr~y:
This is in follo\.\' up lc.l rouI' ntJ~'ndi.'.I1CE' elt thl' n:lllr~l{'!'y hvanl meetillg of
January 30, '199'7 an.d our t~If.'l'hoJW ('tlPH~r~tlt.ion of January ~'H.. 1997,
J\~ di~(,u~st::d, tlw cemetery bonrd hit?> no objection hI the TOV'lll purchaGillg
tht-~ f'.1"ltiH~ r'Janning AH~f't 28 and utiliz!ng the IOWPf portioll {(n a puhlk \.'\'01 kr.
building.
The cemetery'~ amE.'lmbilityto 'l.1Kh a \WC' of l'lnnJling Al't~n 2R is
conditiol\pd upon tll€' following, H'H',nnablp alld rlln~1hltel~t n~qlte91~ to adequnlely
protect the 'ro\Vn of Fra:~(n ,:~.lItpt:err.
,
Hrsf,. we n'qIH's' allY slnll.'tm e(!:) utili7.~"t (PI th~: puhlic \i'.;orb~ ~h,lll b(~
E-~nHn~ly Ipealed on th~ kH\"~1' port.ioll of PJatnl.illg AH'tl ?/l 'J Ill'. height. of t.he rool
line of auy sh'w::ture ~lmll J!(I~ excP~d lite .~h:,vnlj!Jn l'lf tlw uppet ,Hea of Planui.ng
Al'ell I.R For ~xmnplE', C'rdinrl.lln? 'n.5 (})Ih ft>1' a :~O. bot 'wight te~I'ridir.llt but the
c~~metf'ry if! uudE't the illlplessioH tJloltlH? dll)P in Eh~vatklJ\ hum thE! UppE:'f to
!c:)\,\rer portion i.:<l emly 20 feel. Thh~, the.n'fore, \Vol!ld allnw Jf) feE!t of <;hudut'f., 10
obsnne or block tlw view ('flt."ridor hOll.l !llf? I. l-'lIWh~l)' north down tfw vallf.'\'.
.
n 1/;11 i r'?':\ 7 . l,j: .:1 I -"l'r....i:. ',,;r"J .
.;"', .:.}: .. ' FiV;,[ IJ :;
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:t\layor Jeffrey Jojut'~t(ln
.1anl.l,r1.'Y 31, 199'7
Page 2
Second, np(lf'\ tl\(.' purchase of I'lnllJUllg ,'\n'F\ 28, '.ve n'tl'.t{'~,t the uppm
devatic,'l11 of Planni.ng Area 28 to be drdif'i.lled <18 {Ipen "l'<.lct', with tIle exc,::'pthlll
of the r<1~J('mE'nts disctlssf?d bdm,\' Thh: ..::hRll cKu)mplish tl,t~ sClfellill.g and de\\'
l'onidol'~ that the (('llH'I~'n.' d~~!;en'()~;.
.'
1 hird! upon tilt? ptln'h;:\s~> uf Planning AI en 28. we l'eque~~1. Iltf;' Town to
grant b~l tIll? Fl'ns~lr ('elndef? AssociCltioH on eaS(llIel\t for tht: (~>.cJnsh'E' llge of HIP
preSf"Ht E'I1t:l'al1ce .11\':1 n non.f'xlhwivf.: 1:'aS('.llH:~llt h,j' the use ,A the c'?H\fllery
servin' flrC4~SS road Irom the pipE' gtlh' to C,)Ullly R()atl '72 hI)' lhl:' removttl d
8111.)\-\', c;Ja,,;h and other debris r.ol1sishmf with tl1f:' prior use of t.hi9 senkE'
easemli'nt by the Cell'lf~lery AS~(Idation.
If you helVE' any qtte<;tioll~ 01' comlrt'''lIh" ph~"se do not hesitate to (nil.
Vny tI uly YOt.tlS,
VAN VU())UnS, .1\'ld:;ATJl &
UVmrnJRF.p.C.
t.t R--
R05~~ L. Uben..c;O)l
RLL/ slm
rc. r raser CE'111('h:ry Association
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LLC
ERick \%trous, Manager The Historic Cozens Ranch
January 31, 1997
Town of Fraser
Jeff Johnson, Mayor
Chuck Reid, Town Manager
P.O. Box 120
153 Fraser Ave
Fraser, CO 80442
RE: Maryvale, Planning area 28
Dear Msrs, Reid and Johnson,
This letter is written to follow up recent telephone calls which we have exchanged
relative to the possibility of the Town of Fras.er purchasing Maryvale Planning Area 28.
As we have previously discussed, Maryvale and Ozaukee wiIl be willing to sell the
parcel, to the Town, on the basis of recovering the planning costs spent on the parcel together
with the insider price for the parcel, established among Maryvale and Ozaukee in 1995. These
are as follows:
1. Out of Pocket Costs:
Fees charged for area 28 FPDP work by Davis Partnership $56,952.25.
We also incurred engineering fees to P.R. Fletcher, and filing fees to the town,
but as an accommodation to the town we will not ask for a separate recovery of
them.
2. Contract price, Ozaukee/Maryvale Contract $92,500.00
Category 1. above would be paid as a cash down payment for the parcel. Category 2.
may be repaid via a promissory note, secured by a deed of trust as to area 28. The note would
bear a reasonable interest rate, such as 8%, and could be repayable over a four to five (4-5) year
term.
3609 S. Wadsworth Blvd., Suite 210. Lakewood, Colomdo 80235. Phone 303-989-3203. Fax 303-989-6506
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01/31/97
Page 2 of 2
Please advise whether or not you believe these terms will be acceptable to the Town.
If not, how might they be altered. May we please hear from you as to this by February 7,
1997.
Sincerely,
MARYVALE, LLC
by: L F2c Icl.L)J~lV)
E. Rick Watrous, Manager
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Rich Nipert, Manager
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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
January 20, 1997
Rich Nipert
Maryvale, LLC
1140 Grant St., Suite 400
Denver, CO 80203
Dear Rich:
Last August, the Town Board conditionally approved the Marynlle Metropolitan Residential <lnd
Commercial Service Districts respective service plans. The conditional approval stated that ". . .
the Town may require the Proponent to submit additional information relating to the Service
Plan or to modify the terms orthe Service Plan. . ." and allowed review of the Service Plans to
continue through February, 1997.
If you will recall, the Service Plan was to be considered as part orthe Tmvn's review of the new
l\laryvale PDD and thnt without a new PDD the Town was not willing to consider your request
for these Districts. Although we have not received any inl<)ffnation on the new PDD, Fraser's
stafThas revie\ved the service plans and has recommended to the Board that they extend the
stipulated timelrame l()r re~iew tlmlugh March, 1997. They have agreed to starf s request.
In order to meet the new statutory deadline we now race (May I st), I have three requests:
I) That Maryvale's entire development team meet with town stalT and consultants on
either Wednesday, February 12th or February 19th beginning at 9:00 a.m. in Denver.
2) That I'vlmyvale, LtC agree to pay the expenses for Fraser's out-or-house stalf and
consultants to attend this meeting.
3) That Maryvalc, L1.C immediately remit the $:WOO cOlllmitted on August 2R, 1996
that covers some of Fraser's expenses related to the review of the service plans.
The meeting's agenda would be to go, page by page, throllgh the plans in order to identi~y
additional information and/or stipulations that Fraser may require as part of its approval process.
Although we will attempt to he as inclusive as possible at this meeting, the Town reserves the
right to request additional inf{mnation or to modifY the Service Plans at any time. As the service
plan that was submitted on August 12, 1996 \\as incomplete, the Town will require a complete
Service Plan at least ten days prior to this meeting.
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Page Two
Maryvale's Proposed Metro Districts
As time is of the essence, I look forward to hearing from YOll as soon as possible.
Sincerely,
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Chuck Reid
Town Manager
c: Fraser Boa I'd
Rod McGowan, Fraser Town Attorney
Stan Cazier, Fraser Water Attorney
Ed Opitz, Fraser Engineer
Ron Mclaughlin, Fraser Water Engineer
Lorraine Hayes, Fraser financial consultant
Rick Watrous, Maryvale LLC
Rick Kron, Grimshaw & Harring, P.c.
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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
January 20, ] 997
Kathleen Krager
Krager and Associates
]390 Stuart Street
Denver, Colorado 80204
Dear Ms. Krager:
Thank you for your time explaining more of the background, intent, and future of the Access
Code Revisions' Committee. It sounds like the committee has made substantial progress
updating COOT's access policies and recognizing the multi-faceted needs they represent.
As a western slope community, Fraser is concerned that we do not fit "neatly" into anyone of
the eight access categories identified by the committee: US 40 through the Upper Fraser River
VaHey is neither a Rural Regional Highway (category 3) or a Suburban Arterial (category 5).
US 40 does function, however, as a Rural Arterial throughout our community. And while the
intent to have local communities designate their respective highway category is understood and
greatly appreciated, the inclusion of a rural arterial designation would be worthwhile.
Thank you for your consideration.
Sincerely,
~L
Chuck Reid
Town Manager
c: Fraser Mayor and Trustees
Dave Wattenberg, State Senator
Jack Taylor, State Representative
Winter Park Town Council
Matt Reay, CDOT
Jan Gerstenberger, CML
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Proptrty-rights
bill advances l/t1\ ~1
~y Thomas Frank gether to get a resolution on the
'Denver Post Capitol Bureau problem," Norton said. "This is
After a Senate committee ap- an extremely difficult issue for
;' proved a property-rights mea- people out there. Governments
are not listening to the people."
sure yesterday evening, Senate Norton sponsored an identical
President Tom Norton, R-Gree-
ley, was happy and frustrated. measure last year that was
Norton said he was glad that changed numerous times during
the Senate Local Government debate, to the point where. the.
Committee approved the mea- municipal league dropped its
sure but was unhappy to see it initial opposition. The legisla-
opposed by two key groups - ture passed the bill, but Gov.
the Colorado Municipal League Roy Romer vetoed it.
and Colorado Counties Inc., The problem, Norton said, oc-
which represent the local offi- curs when local governmen~s re-
cials who would be most affect- quire property owners to make
ed. Please see PROPERTY on 68
"We really need to work to-
. Senate -panel ad-vances propertY-rights bill
PROPERTY from Page 18 represented various towns and Committee member Mary Anne
counties. "I've never yet seen an Tebedo, R-Colorado Springs, ech-
certain improvements - to build a elected official purposely, con- oed that sentiment, saying, "Pretty
road or give land to the public, for sciously deny someone their consti- soon the words 'local control' be-
example - that benefit not just tutional rights." come 'local tyranny.' "
the property owner but the com- But property owner James Ber- Norton's measure passed on a
munity. ry told the committee that when he 4-3 vote, with Republicans in sup-
Norton's measure would force sought to subdivide a 160-acre port. It now goes to the 1ull Senate
local governments that impose Douglas County lot into 35-acre for consideration.
s,",ch requirements to reimburse lots for sale,. county officials told But Jo Evans, a lobbyist for sev-
the property owners. It also would him he would have to build a eral environmental organizations
establish a new court procedure $50,000 water tank for fire preven- who testified against the bill, said
aimed at resolving such disputes tion. Berry said the tank would the measure would go beyond rul-
more quickly. have been dedicated to the county ings that have been handed down in
"It's really, really needed," Rog- and ~vailable to "everybody within state court and "is silent on when
er Mitchell, president of the Cola- a two-mile area." government doesn't regulate."
rado Farm Bureau, told the Senate The cost of building the tank "In times of growth, that's par-
committee yesterday. "At every forced him to drop his subdivision ticularly important," she added.
level, there should be respect for plans, said Berry, who pleaded The municipal league also op-
property rights." with the committee "to give us posed Norton's bill, saying the new
Some witnesses said they be- some help." court procedure the senator sought
lieved the role of local government "When citizens are coming here to create contained "ambiguities"
was being overstated. and telling us stories like this, local on the type of land-use decisions
"There seems to be a feeling that control becomes a pretty scary covered, the remedies available to
local government has run amok," thing," said committee member the court and how quickly a court
said .Jed Caswall, a lawyer who has Jim Congrove, R-Arvada. must make a ruling.
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