HomeMy Public PortalAboutTBP 2000-02-16
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TOWN OF FRASER ' ,
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. "Icebox of the Nation"
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P.O. Box 120 i 153 Fraser Avenue . ii
Fraser, Colorado 80442
(970) 726-5491 '
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, FAX Line: (970) 726-5518
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E-Mail: fraser@rkymtnhi.com
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Town of Fraser
Town Board Regular Meeting Agenda '
February 16, ~OOO
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, 7:30 p.m.
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1. Roll Call '.
Mlnut'es from the 2/2/00 meeting
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3: Open Forum :. ' ':
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, a) ban Hartmai1, Colorado Chapter ofthe Americ.an Public Works Association,
. ' honoring Fraser's Street Improvement, Phase 1, as Colorado'ssmall town \'
category "project ofthe year." . ,
4. , Public Hearings ,
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a) Ann~xation petition to ~onsider 'a req~est to annex a 5.65 acre pm-cel of land: ' !
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. b) Zoningreques,t to consider a req~est to zone the 5.65 acre }Jafcelofland, R~3'.' ",
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5. Action Items ' I
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a) An .ordinance annexing a 5.6,5 acre parcel ofland and adopting, by reference, an
'annexation agreement between t~e Town of Fraser and the Gran~ County I
Housing Authority. !
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b) , An ordinance zoning a 5.65 acre parcel of land R- 3. ' "
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c) " -Preliminary Plat and FiDal Plan Development PI~ East Mountain Filing 1. . ,i
d) Preliminary Plat, Forest Meadows Subdivision. I
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e) Resolution , a resolution ,setting a' ballot question for the' April 4, 2000 ' I,
regular election. ,I'
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.. Page Two Ii
2/16/00 ToWn Board Agenda, :1
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6. Discussion Items "'
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7. Staff Choice
a) Status of proposed housing ordinance. "
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b) Other
8. Board Choice ,
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Future Meetings: !!
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February '23rd: Planning Commission 'regular meeting I,
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March 1 st: Town Board regular meeting
March 15th: , Town Board regular meeting
March 22nd: Planning Commission regular, meeting
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. FRASER PLANNING COMMISSION
JAN. 26, 2000
The regular meeting of the Fraser Planning Commission was called to order at 7:30 p.m.
Board present were Coulson, Sumrall, Swatzell, Shapiro, and Johnston. Staff present
were Winter and Reid.
Sumrall made a motion to appoint Patty Coulson as Chairperson, as Shapiro has declined
the Chair, 2nd Johnston, Carried.
Swatzell made a motion to approve the Dec. 16th minutes as written, 2nd Johnston,
carried.
OPEN FORUM
None.
EAST MOUNTAIN PRELIMINARY PLAT HEARING
Johnston made a motion to open the public hearing for the East Mountain Preliminary
plat and FPDP, 2nd Swatzell, carried.
. Reid gave a brief presentation of the plat. , The Maryvale representatives gave a
presentation of the project.
Reid advised that staff had forwarded a 12 page letter regarding comments, technical
issues etc. to Maryvale regarding the review of the plat and FPDP documents. Maryvale
has responded to most of the issues. Outstanding substantive issues are:
(1) Water and sewer service.
(2) Easements in Hillside Drive.
(3) Bridge at St. Bernard's Church location.
(4) 2nd access, where and when.
(5) Road standards, a couple of issues remaining.
(6) Impact of maintenance costs for roads without revenues to off set costs.
(7) CCR'S
(8) Open space issue.
(9) Density transfer issue.
(10) How dedications are handled.
Commissioners asked various questions.
Chairperson Coulson opened discussion to the members of the audience.
Comments or questions were on various issues including, residents of Winter Park
. Ranch do not want any access across lot 13, protection of the Elk Herd, no snow storage
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. in the wildlife corridor, design standards and maximum size of houses, CC&R's, open
space, and wetlands.
,Jerry Clauses with DOW did address that Maryvale has taken steps as best they can to
accommodate the elk in the area.
The Town Clerk entered into the record the proof of Publication, and return receipt cards
of mailing to property owners within 200' of the property.
Reid advised the Board of the options they could take regarding the Plat and FPDP.
Shapiro made a motion to close the public hearing, 2nd Johnston, carried.
Johnston made a motion to approve the preliminary plat with the following conditions.
1. All technical issues as identified by staff be resolved.
2. Water and sewer issues dealt with.
3. Easement necessary across the Urban property.
4. Finalize the Bridge issue.
5. Tie down the 2nd access issue.
6. 40 foot road widths, no private drives.
7. CC&R's.
8. Plat note "No slash burning allowed"
. Issues conditioned on the FPDP are as follows:
1. Water and sewer issues resolved.
2. Density transfer issue r,esolved.
3. Public dedications dealt with.
4. Open space issue resolved.
5. All technical issues as address by staff addressed.
Motion 2nd Swatzell, carried.
Johnston wants a meeting with Koebel at a 6:00p.m. workshop on Feb. 16th to resolve
the 2nd access issue. ' ,
FOREST MEADOWS VILLAGE MAJOR SUBDIVISION PRELIMINARY PLAT
Filing I
Owner Peter Stalland and plan preparer David Kotzebue reviewed the plan. Kotzebue
handed out changes made to the plan. A 36 foot public road has been designed in place
of the private drive.
Audience comments were taken.
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. The Town Clerk entered into the record the proof of Publication of the hearing and the
return receipts
cards notifying property owners within 200 feet.
Johnston made a motion to close the hearing, 2nd Swatzell, carried.
Johnston made a motion approving the preliminary plat with the following conditions:
1. All technical issues as address in the staff comment letter be addressed.
2. Open space met in filing one.
3. CC&R's completed and approved.
4. Filing II issues addressed.
Motion 2nd Swatzell, carried.
FOXRUN ANNEXATION AND ZONING RECOMMENDATION
Reid reviewed the annexation and the request for R-3 zoning.
Several people from the audience commented on the proposed access from this
development onto Wapiti Drive stating that it would qe an extre,me, hazard if this were
allowed.
. Reid stated that plans have not been submitted for any review process.
Swatzell made a motion to recommend annexation of this parcel and approve R-3 zoning
as requested, 2nd Sumrall, carried.
No further business, meeting adjourned at 11 :45 p.m.
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. TOWN BOARD
FEB. 2, 2000
The regular meeting of the Town Board was called to order at 7:30 p.m. Board present
were Mayor Johnston, Sanders, Swatzell, Soles, Wirsing, Klancke and Rantz. Staff
present were Reid, Winter and Havens.
Soles made a motion to approve the 1/19/00 minutes as written, 2nd Rantz, carried.
REPORTS
Chamber Director Ross gave the monthly Chamber report.
Ross also updated the Board on the Housing Authority progress related to the FoxRun
project.
DISCUSSION ITEMS
Ballot issues
Reid provided 3 options for ballot language to accommodate De-Brucing of revenues.
The Electors approved a ballot question with a limit of one million. The Town may be
. approaching this limit and should go back to the voters. Wirsing made a motion to
have the ballot language written without any limit, 2nd Swatzell, carried. Reid will have
this language for adoption at the next meeting.
Reid asked if the Board had any interest in a ballot questions regarding housing. Board
is not interested in this.
STAFF CHOICE
The Board reviewed the draft housing regulation proposed Ordinance and made changes
as necessary. Board discussed the need to set parameters with regards to the deals that
can be made. A workshop will be held to further discuss this.
Next Wed. is the lunch with Fraser and W.P. Board members.
Planning Commission and Town Board will hold a joint workshop regarding the
Maryvale submittals on Feb. 26th at 6:00 p.m.
Feb. 14th is the Mayor, Managers meeting at Hot Sulphur Springs.
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. Reid asked for approval to contract for service of a consultant to work with Staff on
communication. Board approved with caution on cost.
Sanders discussed the cost of a core sample, approx. $6700, on the 2nd access road as
discussed with the East Grand Water Quality Board. Jim Swanson will be contacted for
some input on this matter before moving forward.
Swatzell made a motion to go into executive session to discuss land acquisition, 2nd Kit,
carried.
Wirsing made a motion to come out of executive session at 9:30 p.m., 2nd Klancke,
carried.
No further business, meeting adjourned.
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. ANNEXATION AGREEMENT
This agreement is made and entered into this 16th day of February 2000 by and between the
Grand County Housing Authority ("GCHA" and/or "annexor") and the Town of Fraser,
Colorado, ("Town").
In consideration of the mutual obligations, benefits, duties, and promises, the parties agree as
follows:
1. Annexor is the owner of the property described in Exhibit A attached hereto (identified as the
"property" in this document) and, furthermore, that Catherine Ross, GCHA Chairman, has the
authority to enter into this agreement. If Annexor needs to obtain the consent or agreement of
another party in order to effectuate this agreement, Annexor shall do so and shall provide
adequate and necessary documentation to the Town regarding the same.
2. The Town initiated the annexation and zoning processes to annex the property into the Town
on December 16, 1999. All applicable annexation and zoning fees are waived by the Town.
3. Nothing contained in this agreement shall constitute or be interpreted as a repeal of existing
codes or ordinances or as a waiver of Town's legislative, governmental, or police powers to
promote and protect the health, safety, or general welfare of the municipality or its inhabitants;
. nor shall this Agreement prohibit the enactment or collection by Town of any fee which is of
uniform or general application, or necessary for the protection or promotion of the public health
or welfare.
4. If the annexation of the property or any portion thereof is challenged by a referendum or an
initiative, all provisions of this Agreement, together with the duties and obligations of each party,
shall be suspended pending the outcome of the election. If the challenge to the annexation results
in disconnection of the property from Town, then this Annexation Agreement and all provisions
contained herein shall be null and void and of no further effect, except as otherwise provided
herein. If the challenge fails, then Annexor and Town shall continue to be bound by all the tenns
and provisions of this Annexation Agreement.
5. In the event that the annexation of the property or any portion thereof is voided by the final
action of any court (such action not being associated with a referendum or initiative election),
Town and Annexor shall cooperate to cure the legal defect which resulted in disconnection of the
property, and upon such cure this Annexation Agreement shall be deemed to be an agreement to
annex the property to Town pursuant to 31-12-121, C.R.S. Annexor shall reapply for annexation,
or the Town may sign, as Annexor's attorney-in-fact, a petition to annex, when the property
becomes eligible for annexation as determined by Town.
6. It is understood and agreed by the parties hereto that if any part, term, or provision of this
Agreement is by the Courts held to be illegal or in conflict with any law of the State of Colorado,
. the validity ofthe remaining portions or provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if the agreement did not contain the
particular part, term, or provision held illegal or invalid.
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. 7. Annexor has requested that the property be zoned, "R-3" with all applicable uses by right in
accordance with the Fraser Zoning Ordinance. The R-3 zone designation is compatible with
surrounding development and land uses, promotes the objectives of the Town's Zoning
Ordinance, and is the most reasonable and appropriate zoning for the Property. Annexor shall
have the right to withdraw its petition for annexation of the Town does not adopt R-3 as the
initial zoning for the property concurrently with the adoption ofthe Ordinance annexing the
property.
8. Except as expressly provided herein, all Town ordinances, regulations, codes, policies and
procedures shall be applicable to the use and development of the Property.
9. The Town will provide municipal services to the Property to the same extent, and upon the
same terms and conditions, as those services are provided throughout Fraser except as identified
below:
a) Costs for access to the Fraser water system shall be capped at $2,000 for each
"tap" fee (or the plant investment fee, including any applicable water resource fee
and system development fee) associated with the development, along with actual
cost reimbursement for any water meters required for the property. A maximum
of 64 single family equivalent "taps" will be allowed on this property.
The limitation on tap fees provided in this subsection (a) shall cease to apply if(i)
. the property ceases to be owned by the Grand County Housing Authority or a
similar governmental or non-profit entity whose primary purpose is the provision
of affordable housing, or (ii) the property ceases to be used for affordable housing
needs as defined by the Grand County Housing Authority.
b) _ Any decreed water rights associated with the property as of February 2, 1999 shall
be deeded to Fraser no later than October 31, 2000, unless otherwise agreed to by
the parties.
c) Nothing herein shall exempt the property from payment of all water service fees
and taxes, or other charges for water service established by the Town.
10. This Agreement shall be recorded with the Clerk and Recorder of Grand County, Colorado
and shall run with the land, and shall be binding upon and shall inure to the benefit of the heirs,
successors and assigns of the parties hereto.
11. This Agreement embodies the whole agreement ofthe parties. There are not promises,
terms, conditions, or obligations other than those contained herein, and this Agreement shall
supersede all previous communications, representations or agreement, either verbal or written,
between the parties hereto. This Agreement may be amended by written agreement between the
Annexors and the Town acting pursuant to Town Board's authorization.
. 12. This Agreement shall be effective and binding upon the parties immediately upon the effective
date ofan ordinance annexing and zoning the Property regardless of whether the Agreement is
executed prior to or following the effective date of said ordinance annexing and zoning the
Property.
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Catherine Ross, Chairman
Grand County Housing Authority
STATE OF COLORADO )
) ss.
COUNTY OF GRAND )
The foregoing instrument was acknowledged before me this _ day of ,
2000 by Catherine Ross.
WITNESS my hand and official seal
My commission expires
Notary Public
Town of Fraser
. Jeff Johnston, Mayor
Virginia Winter, Town Clerk
The foregoing instrument was acknowledged before me this _ day of ,
2000 by Jeff Johnston.
WITNESS my hand and official seal
My commission expires
Notary Public
The foregoing instrument was acknowledged before me this _ day of ,
2000 by Virginia Winter.
WITNESS my hand and official seal
. My commission expires
Notary Public
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. Exbibit A
ANNEXATION BOUNDARY DESCRIPTION:
A TRACT OF LAND BEING A PORTION OF THE SW Y4 SW Y4 OF SECTION 17,
TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., GRAND COUNTY,
COLORADO, AND MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
Beginning at a point being on the southerly line of said SW Y4 SW Y4, being the
Southwest corner of this tract, WHENCE the Southwest corner of said Section 17 bears
South 89 degrees 52 minutes 21 seconds West a distance of330.03 feet;
THENCE North 00 degrees 01 minutes 39 seconds East for a distance of344.38
feet to the Northwest corner of this tract, being on the southerly right-of-way of Grand
County Road #8;
THENCE along a curve to the right having a radius of501.37 feet and an arc
length of285.69 feet, being subtended by a chord of North 88 degrees 40 minutes 25
seconds East for a distance of281.84 feet along said southerly right-of-way;
THENCE South 75 degrees 00 minutes 09 seconds East for a distance of81.26
feet along said southerly right-of-way;
THENCE along a curve to the right having a radius of 340.00 feet and an arc
. length of69.59 feet, being subtended by a chord of South 69 degrees 08 minutes 19
seconds East for a distance of69.47 feet along said southerly right-of-way;
THENCE South 63 degrees 16 minutes 29 seconds East for a distance of 128.81
feet along said southerly right-of-way;
THENCE along a curve to the left having a radius of 1606.86 feet and an arc
length of 112.05 feet, being subtended by a chord of South 65 degrees 16 minutes 21
seconds East for a distance of 112.02 feet along said southerly right-of-way;
THENCE South 67 degrees 16 minutes 12 seconds East for a distance of364.20
feet along said southerly right-of-way to the Northeast corner of this tract, being on the
easterly line said SW Y4 SW Y4;
THENCE South 00 degrees 07 minutes 02 seconds East for a distance of 57.45
feet along said easterly line to the Southeast corner of this tract, being on the southerly
line of said Section 17, WHENCE the South Y4 corner of said Section 17 bears North 89
degrees 52 minutes 21 seconds East a distance of 1308.17 feet;
THENCE South 89 degrees 52 minutes 21 seconds West for a distance of978.17
feet along said southerly line to the POINT OF BEGINNING.
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 5.65 acres more or less.
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. TOWN OF FRASER, COLORADO
ORDINANCE NO.
AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE
TOWN OF FRASER, COLORADO.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO:
Section 1.
That a Petition for Annexation, together with four (4) copies of the annexation map as
required by law, was filed with the Board of Trustees on December 1, 1999 by the owners of one
hundred percent (100%) of the area of the territory hereinafter described, exclusive of public
streets and alleys, and comprising one hundred percent (100%) of the landowners of the property
to be annexed. The Board of Trustees, by resolution at a properly noticed meeting on December
16, 1999 accepted said Petition and found and determined that the applicable parts of the
Municipal Annexation Act of 1965, as amended, have been met and further determined that an
election was not required under the Act and that no additional terms and conditions were to be
imposed upon said annexation, other than those terms and conditions and conditions agreed to
and set forth in the Annexation Agreement dated February 2, 2000, between the Town and the
. petitioning landowner, a copy of which agreements have has been introduced into the record of
the public hearing on this matter on February 2,2000.
Section 2. Annexation Approved.
That the annexation to the Town ofthe following described property is hereby approved:
BOUNDARY DESCRIPTION:
A TRACT OF LAND BEING A PORTION OF THE SW If.. SW If.. OF SECTION 17,
TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., GRAND COUNTY,
COLORADO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning at a point being on the southerly line of said SW 1/4 SW If.., being the
Southwest comer of this tract, WHENCE the Southwest comer of said Section 17 bears
South 89 degrees 52 minutes 21 seconds West a distance of330.03 feet;
THENCE North 00 degrees 01 minutes 39 seconds East for a distance of344.38
feet to the Northwest comer of this tract, being on the southerly right-of-way of Grand
County Road #8;
THENCE along a curve to the right having a radius of501.37 feet and an arc
length of285.69 feet, being subtended by a chord of North 88 degrees 40 minutes 25
. seconds East for a distance of281.84 feet along said southerly right-of-way;
THENCE South 75 degrees 00 minutes 09 seconds East for a distance of81.26
feet along said southerly right-of-way;
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. THENCE along a curve to the right having a radius of340.00 feet and an arc
length of69.59 feet, being subtended by a chord of South 69 degrees 08 minutes 19
seconds East for a distance of69.47 feet along said southerly right-of-way;
THENCE South 63 degrees 16 minutes 29 seconds East for a distance of 128.81
feet along said southerly right-of-way;
THENCE along a curve to the left having a radius of 1606.86 feet and an arc
length of 112.05 feet, being subtended by a chord of South 65 degrees 16 minutes 21
seconds East for a distance of 112.02 feet along said southerly right-of-way;
THENCE South 67 degrees 16 minutes 12 seconds East for a distance of364.20
feet along said southerly right-of-way to the Northeast comer of this tract, being on the
easterly line said SW Y4 SW Y4;
THENCE South 00 degrees 07 minutes 02 seconds East for a distance of57.45
feet along said easterly line to the Southeast comer of this tract, being on the southerly
line of said Section 17, WHENCE the South Y4 comer of said Section 17 bears North 89
degrees 52 minutes 21 seconds East a distance of 1308.17 feet;
THENCE South 89 degrees 52 minutes 21 seconds West for a distance of978.17
feet along said southerly line to the POINT OF BEGINNING.
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 5.65 acres more or less.
. Section 3. Severability
If any section, subsection, or clause of this Ordinance, or the annexation of any lot or tract
of land affected hereby shall be deemed to be unconstitutional or otherwise invalid, the validity of
the remaining sections, subsections, and clauses, and the annexation of the remaining lots or tracts
ofland, shall not be affected thereby.
APPROVED, this _ day of February 2000 by a vote of:
FOR:
AGAINST:
ABSTAIN:
ATTEST: TOWN OF FRASER
By:
Virginia Winter, Town Clerk Jeff Johnston, Mayor
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Published in the Winter Park Manifest on
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. MINUTES OF A REGULAR MEETING
OF THE BOARD OF TRUSTEES
OF THE TOWN OF FRASER, COLORADO
The Board of Trustees of the Town of Fraser, State of Colorado, met at the Town Hall in
Fraser, Colorado, the present meeting place of said Board, in regular session, at the hour of
o'clock p.m., on the _ day of , 20_. The meeting was called to order
by the Mayor, and upon roll call the following were found to be present, constituting a quorum:
Present: Mayor Jeff Johnston
, Trustee Rebecca Swatzell
Trustee Robin Wirsing
Trustee Kit K1ancke
Trustee Cheri Sanders
Trustee Dennis Soles
Trustee Mike Rantz
Absent:
There were also present: Town Manager, Chuck Reid; Town Clerk, Virginia Winter; and
. Town Attorney, Rod McGowan.
OTHER BUSINESS
The next item of business on the agenda was a Petition for Annexation submitted by the
Grand County Housing Authority, regarding certain property adjacent to the Town boundaries
and the proposed zoning of such property. Mayor Johnston then called to order the public
hearing on the matter.
It was duly noted that a Notice of Public Hearing had been published as required by law
and proof of publication of such Notice had been received from the Winter Park Manifest.
Additionally, it was noted that the Town Clerk had complied with the provisions ofC.R.S.
3 1-12-108 and notified the County Commissioners, the County Attorney, school district and
special districts as required by law of the hearing on this annexation. Attorney McGowan
indicated that the total annexation area was less than 10 acres, which would not require that an
annexation impact report be prepared. Mr. McGowan advised that he had examined the Petition
and had found it to be in substantial compliance with the applicable provisions of Title 31, Article
12, Section 107, Subsection 1, of the Colorado Revised Statutes, as amended, and with the
Municipal Annexation Act of 1965. Mr. McGowan further advised that the Petition was signed
by the owners of one hundred percent (100%) of the property proposed to be annexed, exclusive
of streets and alleys; and as a result, the Board could annex the property by Ordinance. The
. Board was further advised that if it wished, it could proceed with the annexation since a quorum
was in attendance.
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The following Exhibits were presented to the Board for its consideration in the annexation
and zoning of the subject property:
Exhibit A - Petition for Annexation
Exhibit B - Annexation Map
Exhibit C - Resolution No. of the Board of Trustees, setting this matter for
public hearing
Exhibit D - Notice of Public Hearing, regarding annexation of subject property
Exhibit E - Publisher's Affidavit of publication of such Notice of Public Hearing
Exhibit F - Certificate of Mailing of Notice of Public Hearing to government offices,
pursuant to C.R. S. 31-12-108
Exhibit G - Notice of Public Hearing, regarding zoning of subject property
Exhibit H - Publisher's Affidavit of publication of such Notice of Public Hearing
Exhibit I - Certificate of Mailing of Notice of Public Hearing to property owners
within 200 feet of the boundaries of the subject property
Exhibit J - Annexation Agreement
Exhibit K - Proposed Annexation Ordinance
Exhibit L - Proposed Zoning Ordinance
. moved that the above described Exhibits be admitted as evidence in
Trustee
connection with the proposed annexation and zoning of the subject property. Trustee
seconded the motion. The question being upon the passage of said motion, the roll
was called with the following result:
Those voting Aye: Mayor Jeff Johnston
Trustee Rebecca Swatzell
Trustee Robin Wirsing
Trustee Kit Klancke
Trustee Cheri Sanders
Trustee Dennis Soles
Trustee Mike Rantz
Those voting Nay: None
Those absent:
There being a quorum of the Board of Trustees present, and all those present having voted
in favor of said motion, the presiding officer declared said motion carried and the resolution
passed.
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. The Board then heard evidence in the nature of testimony from Town staff, the Applicant
and the general public. The Board discussed and considered the evidence, including the Exhibits
described above.
Trustee moved that the following resolution be passed:
RESOLVED, that the Board of Trustees finds and determines as follows:
(1) That the Petition for Annexation, a copy of which is attached hereto, identified
as Exhibit" A", which by this
reference is made a part hereof, is substantially in
compliance with Title 31, Article 12, Section 1 07, Subsection 1, of the Colorado Revised
Statutes, as amended, and with the Municipal Annexation Act of 1965;
(2) That it is desirable and necessary that the territory set forth in such Petition be
annexed to the Town of Fraser;
(3) That not less than one-sixth (1/6) of the perimeter of the area proposed to be
annexed is contiguous with the Town of Fraser;
. (4) That a community of interest exists between the territory proposed to be
annexed and the Town of Fraser;
(5) That the territory to be annexed is urban or will be urbanized in the near
future;
(6) That the territory proposed to be annexed is integrated or is capable of being
integrated with the Town of Fraser;
(7) That the requirements of Sections 31-12-104 and 31-12-105, Colorado
Revised Statutes, as amended, exist or are met;
(8) That no additional terms and conditions are to be imposed upon the area
proposed to be annexed, other than those terms and conditions agreed to by the
petitioning landowner and the Board of Trustees as set forth in the Annexation Agreement
identified as Exhibit J; and
(9) That no annexation election is required under Section 31-12-107(2), Colorado
Revised Statutes, as amended.
Trustee seconded the motion. The question being upon the passage and
adoption of said resolution, the roll was called with the following result:
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. Those voting Aye: Mayor Jeff Johnston
Trustee Rebecca Swatzell
Trustee Robin Wirsing
Trustee Kit Klancke
Trustee Cheri Sanders
Trustee Dennis Soles
Trustee Mike Rantz
Those voting Nay: None
Those absent:
There being a quorum of the Board of Trustees present, and all those present having voted
in favor of said motion, the presiding officer declared said motion carried and the resolution
passed.
Trustee moved that the following resolution be passed:
RESOLVED, that the Board of Trustees hereby approves the Annexation Agreement, a
copy of which is attached hereto as Exhibit J, and the proper officers of the Town are
. authorized to execute such Agreement.
Trustee seconded the motion. The question being upon the passage and
adoption of said resolution, the roll was called with the following result:
Those voting Aye: Mayor Jeff Johnston
Trustee Rebecca Swatzell
Trustee Robin Wirsing
Trustee Kit Klancke
Trustee Cheri Sanders
Trustee Dennis Soles
Trustee Mike Rantz
Those voting Nay: None
Those absent:
There being a quorum of the Board of Trustees present, and all those present having voted
in favor of said motion, the presiding officer declared said motion carried and the resolution
passed.
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. Mayor Johnston thereupon introduced an Ordinance, entitled: AN ORDINANCE
APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE TOWN OF
FRASER, COLORADO. Mayor Johnston stated that said Ordinance had been drafted by Town
staff pursuant to authorization previously given by the Board. The title of said Ordinance was
read, and the Ordinance is as follows:
See attached Exhibit "K", which is a complete, true and correct copy of said Ordinance,
and which by this reference is made a part hereof.
It was then moved by Trustee and seconded by Trustee that
all rules of this Board which might prevent, unless suspended, the final passage and adoption of
this Ordinance at this meeting be, and the same hereby are, suspended for the purpose of
permitting the final passage and adoption of said Ordinance at this meeting. The question being
upon the adoption of said Ordinance and suspension of the rules, the roll was called with the
following result:
Those voting Aye: Mayor Jeff Johnston
Trustee Rebecca Swatzell
Trustee Robin Wirsing
Trustee Kit Klancke
. Trustee Cheri Sanders
Trustee Dennis Soles
Trustee Mike Rantz
Those voting Nay: None
Those absent:
There being a quorum of the Board of Trustees present, and all those present having voted
in favor of said motion, the presiding officer declared said motion carried and the rules suspended.
Trustee then moved that said Ordinance be passed and adopted as read,
Trustee seconded the motion. The question being upon the passage and adoption
of said Ordinance, the roll was called with the following result:
Those voting Aye: Mayor Jeff Johnston
Trustee Rebecca Swatzell
Trustee Robin Wirsing
Trustee Kit Klancke
Trustee Cheri Sanders
Trustee Dennis Soles
. - 5 -
. Trustee Mike Rantz
Those voting Nay: None
Those absent:
There being a quorum of the Board of Trustees present, and all those present having voted
in favor of said motion, the presiding officer declared the said motion carried and the property
described in said Ordinance annexed to the Town of Fraser, Colorado.
Trustee then moved that said Ordinance be published in the Winter Park
Manifest, the same being a newspaper of general circulation in the Town of Fraser, said
publication to appear as soon as possible in said newspaper. Trustee seconded the
motion. The question being upon the passage and adoption of said motion, and the publication of
said Ordinance, the roll was called with the following result:
Those voting Aye: Mayor Jeff Johnston
Trustee Rebecca Swatzell
Trustee Robin Wirsing
Trustee Kit Klancke
. Trustee Cheri Sanders
Trustee Dennis Soles
Trustee Mike Rantz
Those voting Nay: None
Those absent:
There being a quorum of the Board of Trustees present, and all those present having voted
in favor of said motion, the presiding officer declared the said motion carried and instructed the
Town Clerk to accomplish such publication.
Mayor Johnston thereupon instructed the Town Clerk to file copies ofthe annexing
Ordinance and map with the proper officials as required by Section 31-12-113, Colorado Revised
Statutes, as amended.
Mayor Johnston thereupon introduced an Ordinance, entitled: AN ORDINANCE
ZONING NEWLY ANNEXED PROPERTY; AND AMENDING THE OFFICIAL ZONING
MAP OF THE TOWN OF FRASER. Mayor Johnston stated that said Ordinance had been
drafted by Town staff pursuant to authorization previously given by the Board. The title of said
Ordinance was read, and the Ordinance is as follows:
. - 6 -
. See attached Exhibit "L", which is a complete, true and correct copy of said Ordinance,
and which by this reference is made a part hereof
It was then moved by Trustee and seconded by Trustee that
all rules of this Board which might prevent, unless suspended, the final passage and adoption of
this Ordinance at this meeting be, and the same hereby are, suspended for the purpose of
permitting the final passage and adoption of said Ordinance at this meeting. The question being
upon the adoption of said Ordinance and suspension of the rules, the roll was called with the
following result:
Those voting Aye: Mayor Jeff Johnston
Trustee Rebecca Swatzell
Trustee Robin Wirsing
Trustee Kit Klancke
Trustee Cheri Sanders
Trustee Dennis Soles
Trustee Mike Rantz
Those voting Nay: None
. Those absent:
There being a quorum of the Board of Trustees present, and all those present having voted
in favor of said motion, the presiding officer declared said motion carried and the rules suspended.
Trustee then moved that said Ordinance be passed and adopted as read.
Trustee seconded the motion. The question being upon the passage and adoption
of said Ordinance, the roll was called with the following result:
Those voting Aye: Mayor Jeff Johnston
Trustee Rebecca Swatzell
Trustee Robin Wirsing
Trustee Kit Klancke
Trustee Cheri Sanders
Trustee Dennis Soles
Trustee Mike Rantz
Those voting Nay: None
Those absent:
. - 7 -
ýÿ
. There being a quorum of the Board of Trustees present, and all those present having voted
in favor of said motion, the presiding officer declared the said motion carried and the property
described in said Ordinance zoned as provided therein.
Trustee then moved that said Ordinance be published in the Winter Park
Manifest, the same being a newspaper of general circulation in the Town of Fraser, said
publication to appear as soon as possible in said newspaper. Trustee seconded the
motion. The question being upon the passage and adoption of said motion, and the publication of
said Ordinance, the roll was called with the following result:
Those voting Aye: Mayor Jeff Johnston
Trustee Rebecca Swatzell
Trustee Robin Wirsing
Trustee Kit Klancke
Trustee Cheri Sanders
Trustee Dennis Soles
Trustee Mike Rantz
Those voting Nay: None
. Those absent:
There being a quorum of the Board of Trustees present, and all those present having voted
in favor of said motion, the presiding officer declared the said motion carried and instructed the
Town Clerk to accomplish such publication.
Thereupon, after considering other matters not concerning the foregoing Ordinance, upon
motion duly made, seconded and unanimously adopted, said meeting was adjourned.
TOWN OF FRASER, COLORADO
BY:
Mayor
ATTEST:
(SEAL) Town Clerk
.
. - 8 - A: \MINUTES. DOC
.
TOWN OF FRASER
ORDINANCE NO.
AN ORDINANCE ZONING NEWLY ANNEXED PROPERTY; AND AMENDING THE
OFFICIAL ZONING MAP OF THE TOWN OF FRASER.
WHEREAS, the hereinafter described property was recently annexed to the Town of
Fraser, Colorado;
AND WHEREAS, pursuant to Section 31-12-115, Colorado Revised Statutes, as
amended, it is necessary to zone said property;
AND WHEREAS, the owner of said property has requested that said property be zoned
"R-3 - High Density Residence", as provided in the Fraser Zoning Ordinance, Chapter 13 the
Code of the Town of Fraser;
AND WHEREAS, the Fraser Planning Commission has reviewed said application and has
recommended that said zoning request be approved;
. AND WHEREAS, a public hearing was held by the Board of Trustees of the Town of
Fraser pursuant to Notice of said public hearing, properly published, as required by the Code of
the Town of Fraser, Colorado, and Section 31-23-304, Colorado Revised Statutes, as amended;
AND WHEREAS, the Board of Trustees hereby finds that the proposed zoning for said
property is in substantial conformance with the Comprehensive Plan (also sometimes known as
the Master Plan) of the Town of Fraser, as amended;
AND WHEREAS, it appearing to the Board of Trustees that it would be in the best
interests of the Town of Fraser to zone this property as in this Ordinance provided; and therefore,
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO, THAT:
Section 1. Zoning.
Subsection A. The property to be zoned is described as follows, to wit:
.
--
. A TRACT OF LAND BEING A PORTION OF THE SW 3 SW 3 OF SECTION 17,
TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6th P.M., GRAND COUNTY,
COLORADO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning at a point being on the southerly line of said SW 3 SW 3, being the
Southwest comer of this tract, WHENCE the Southwest comer of said Section 17 bears
South 89 degrees 52 minutes 21 seconds West a distance of330.03 feet;
THENCE North 00 degrees 01 minutes 39 seconds East for a distance of344.38
feet to the Northwest corner of this tract, being on the southerly right-of-way of Grand
County Road #8;
THENCE along a curve to the right having a radius of 501.37 feet and an arc
length of285.69 feet, being subtended by a chord of North 88 degrees 40 minutes 25
seconds East for a distance of281.84 feet along said southerly right-of-way;
THENCE South 75 degrees 00 minutes 09 seconds East for a distance of 81.26
feet along said southerly right-of-way;
THENCE along a curve to the right having a radius of340.00 feet and an arc
length of69.59 feet, being subtended by a chord of South 69 degrees 08 minutes 19
seconds East for a distance of 69.47 feet along said southerly right-of-way;
THENCE South 63 degrees 16 minutes 29 seconds East for a distance of 128,81
. feet along said southerly right-of-way;
THENCE along a curve to the left having a radius of 1606.86 feet and an arc
length of 112.05 feet, being subtended by a chord of South 65 degrees 16 minutes 21
seconds East for a distance of 112.02 feet along said southerly right-of-way;
THENCE South 67 degrees 16 minutes 12 seconds East for a distance of364.20
feet along said southerly right-of-way to the Northeast corner of this tract, being on the
easterly line said SW 3 SW 3;
THENCE South 00 degrees 07 minutes 02 seconds East for a distance of 57.45
feet along said easterly line to the Southeast comer of this tract, being on the southerly
line of said Section 17, WHENCE the South 3 comer of said Section 17 bears North 89
degrees 52 minutes 21 seconds East a distance of 1308. 17 feet;
THENCE South 89 degrees 52 minutes 21 seconds West for a distance of978.17
feet along said southerly line to the POINT OF BEGINNING.
Said property contains 5.65 acres more or less.
Subsection B. Pursuant to Sections 13-11-1 and 13-11-2 of the Code ofthe Town of
Fraser, Colorado, the official zoning map of the Town of Fraser is hereby amended by zoning said
property "R-3 - High Density Residence" .
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES THIS day of ,2000,
. 2
-- --- ------ ----- ------------- - ----
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.
Votes in favor: BOARD OF TRUSTEES OF THE
-
Votes opposed: - TOWN OF FRASER, COLORADO
Votes abstained: -
BY:
Jeff Johnston, Mayor
ATTEST:
(S E AL)
Virginia Winter, Town Clerk
Published in the Winter Park Manifest on ,2000.
.
. 3 A:\ORDINANCE--ZONING.OOC
---- --- - ------------------ -- ---------
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.. ,
. TOWN OF FR~SER
RESOLUTION :\0.
A RESOLUTION PRO\ lDING FOR THE SUBMISSION OF A Ml."NICIPAL FI!'i.-\NCE
Ql !'fSTION TO A VOTE Of THE REGISTERED ELECTORS OF THE TOW~ OF FRASER
N CONJlNCTION WITH THE REGULAR ~IUNICIPAL ELECTION TO BE HELD ON
APRIL 4. 2000.
WHEREAS, the Board of Trustees of the Town of Fraser, Colorado, has determined that it
is in the best inteTeSts of the Tov.TI to in(.Tease the amount ofrev~nLles from existing sourc~ that may
be spent for capital improvement'; and operations of the To"n, beyond lc'le spending limits which are
0therwise applicable under Article X, Section 20 of the Colorado CoJl5titution (conunonly kn(lwn as
TABOR), llnd the revenue limitations provided in Section 29-1-301 of the Colorado Revised
Statutes, without requiring any increase in the Town's existing property tax mill levy or sales and
use tax rates: and
WHEREAS, purl;uam to Article X, Section 20 of the Colorado Constitution and c.R.S, 29-
1-302, the Board ofTmstees may submit directly to the registered ele~tors of the TO\\TI of Fraser the
question of whether the T o\\n ::hould be authorized to exceed such constitutional and statutory
spending and revenue limits; and
. WHEREAS, !he Board ofTruste~ is of the opinion that it is in the best int~r~sts ofilie Town
to submit such qu~stion to the registered voters of the To"n,
NOW THEREFORE, BE IT RESOL YED BY THE BOARD OF TRliSTEES OF THE TOWN
OF FRASER. COLORADO, AS FOLLOWS:
1. That on Tuesday, April 4, 2000, in ~onjunction with th~ regular municipal election, there
shall be submitted to the registered electors of the Town of Fraser a separate question of
whether the T o\\n will be authorized to exceed the spending and revenue limits otherwise
applicable under TABOR and state statutes, such question to be submitted in the fonn
hereinafter set forth.
2. That at such ele..:tio!1,. the question appearing on the ballot shall be as follo\\'s:
WITHOLT A..'\[Y INCREASE I~ THE PROPERTY TA."\ l\'IILL LEVY OR THE 4%
SALES A'\iTI LTSE TA.X RATE. SHALL THE TOWN OF FRASER, COLORADO, BE
AUTHOPJZED, II\' THE YEAR 2000 .4c'-:D EACH SUBSEQUE~T YEAR
THERE::~FTER. TO COLLECT, RETAIf\; AND EXPEKD THE F1.}LL PROCEEDS Of
THE TOWYS FEES, TA.~ES, KON-FEDERAL GRA..l'\TTS Al\JD OTHER REVE~lTES
.'\..'\TD TO SPE:\"D SeCH RE\-E~UE fOR DEBT SERVICE, MUNICIPAL
OPERATIONS, CAPlT AL PROJECTS .AND A~'\J'Y OTHER LA \\-'fUL MCXICIPAL
c : '.l,Ji:HJC'.oJ~\ n::!t' =;'.:~ \ ~ .;(l')EL":~ . !\'?:.
.
,
r ,
. PURPOSE, 1\OTWITHSTA..~DNG ANY STATE OF COLORADO RESTRICTIONS
O~ REVEl\l'{.TES OR SPENDING, INCLUDI:--iG THE RESTRICTIONS OF ARTICLE
X, SECTION 20 OF THE COLORADO CONSTITITION, THE REVE~lJE
LlMITATIOI\S r-J SECTION 29-1-301 OF THE COLORADO RE\lSED STATUTES,
OR ANY OTHER LAW?
YESn
L-...J
:--rOD
4. That th~ T.:>wn Clerk is authorized and directed to prepare and is!;ue notice of such ballot
question, as provided by law.
PASSED, ADOPTED AND APPROVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FRASER, COLORADO, THIS _ day of ,2000,
BOARD OF TRUSTEES OF THE
TOWN OF FRASER. COLORADO
BY:
. Jeff Jotmston, Mayor
ATTEST:
(SEAL) Virginia Winter, To~n CI~k
- 2 -
.
ýÿ
,
. TOWN OF FR<\SER
RESOLUTION 1\"0.
A RESOLUTION PRO\< lDING FOR THE SUBMIS SION OF A Ml "NICIP AL Fn-.: ANCE
QUESTION TO A VOTE OF THE REGISTERED ELECTORS OF THE TO"''N OF FRASER
~ CONJIDiCTION WITH THE REGULAR t\,fUNICIPAL ELECTION TO BE HELD ON
APRIL 4, 2000,
WHEREAS, the Board ofTrust~es of the Town of Fraser, Colorado, has de1emlined that it
is in the best interests of the Tov.n to increase the amount of revenues from existing sourc~ that may
be spent for capital improvements and operations of the To\\n, beyond the spending limits which are
otherwise applicable under Article X, Section 20 of the Colorado Constitution (conunonly kno\\n as
TABOR), and the revenue limitations provided in Section 29-1-30 I of the Colorado Revised
Statutes, without requiring any increase in the T o\l,n's existing property tax millle'lY or sales and
use tax rates: and
WHEREAS, pursuant to Article X, Section 20 of the Colorado Constitution and C.R.S. 29-
1-302, the Board ofTmstees may submit directly to the registered electors of the Town of Fraser the
question of whether the Town should be authorized to exceed such constitutional and staMor)'
spending and revenue limits; and
. \V'HEREAS, the Board of Trustees is of the opinion tlntt it is in the best interests of the Town
to submit such question to the registered voters of the Town,
NOW THEREFORE, BE IT RESOL\"ED BY THE BOARD OF TRl'STEES OF THE TOWN
OF FRASER. COLORADO, AS FOLLOWS:
1. That on Tuesday, April 4. 2000, in conjum:tion with the regular municipal eiel.:tion. there
shall be submitted to the registered electors of the Town of Fraser a separat~ question of
whether the T o\\'n \\ill ~ authorized to exceed the spending and revenue limits othenvise
applicable und~ TABOR and state statutes, Stich question to be submitted in the fonn
hereinafter set tOrth; pro\ided however, that the Board may withdraw such qu~stion and
cancel the election concerning the same if the election of municipal officers scheduled on the
same date is canceled bel':luse th~re are not more candidates than offices to be fIlled at such
election,
2. That at such ejection,. the qU~1ion appearing on the ballot shall be as follows:
WITHOUT A..'\;Y INCREASE 11\ THE PROPERTY TA."{ MILL LEVY OR THE 40'0
SALES AND USE T A.\: RATE, SHALL THE TO\\t"N OF FRASER, COLORADO, BE
AUTHORIZED, Ii': THE YEAR 2000 ..\1'\l'D EACH Sl:BSEQUE:-.fT YEAR
THEREAFTER, TO COLLECT. RETAIN A.,;'\J'D EXPE:\D THE Fln"L PROCEEDS OF
(": : ~'lIN:'.)',~;\ rE~IP\ :i~.X\ :;J(lCEL...:: . i"I;:'
.
,
-- ----
ýÿ
~ .
. THE TOw-.I'S FEES, TA..'\:ES, NON-FEDERAL GRANTS A..L'\JD OTHER REVENUES
A;'iD TO SPEND SUCH REVEWE FOR DEBT SERVICE, MCNICIP AL
OPERATIONS. CAPITAL PROJECTS A.~D A.~y OTHER LAWFliL MVNICIPAL
PURPOSE, KOTWITHSTANDNG A.'\JY STATE OF COLORADO RESTRICTIONS
O~ REVE1\;1JES OR SPE~DING, ~CLliDING THE RESTRICTIONS OF ARTICLE
X SECTION 20 OF THE COLORADO CONSTITlTION, THE REVE~UE
LIMITATIO!\S IN SECTION 29-1-301 OF THE COLORADO RE\.1SED STATUTES,
OR A..'\JY OTHER LAW?
.---,
YES i '
!.-...J
NO D
4, That the Town Clerk is authorized and dirtc1td to prepare and issue notice of such ballot
question, as provided by law.
PASSED, ADOPTED AND APPROVED BY THE BOARD OF TRUSTEES OF THE TOWN,
OF FRASER, COLORADO, THIS _ day of ,2000.
BOARD OF TRUSTEES OF THE
TOWN OF FRASER. COLORADO
. BY:
Jeff Johnston, Mayer
ATTEST:
(SEAL) Virginia Winter, To\..n Cl~k
- 2 -
.
,
ýÿ