HomeMy Public PortalAboutTBP 1998-03-04
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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 Line: (970) 726-5518
Manager's Briefs, 3/3/98
On Wednesday we have two action items relating to the proposed Maryvale Metro Districts.
The resolutions would amend the three previous resolutions for the Metro Districts by, once
again, extending the time for formal action by the Board. The last amended resolution extended
the timeframe through April 17, 1998: Judge Doucette then placed a court order on the District's
formation stating that the Town's action had to be filed on or before April 15, 1998. Since
April 15th is the Town Board meeting at which we intend to complete the Maryvale PDD
application and annexations, we could not meet the "on or before" order. Judge Doucette may
extend the timeframe one more time, providing that the Board again amend the resolutions and
timeframe. The resolutions ask for an extension that would allow the resolutions approving the
Metro Districts (if adopted by the Board) to be filed on or before April 24, 1998. If approved by
you and Judge Doucette, this buys the Town a minimum of one extra week for review.
When the County reneged on their commitment to build the Fraser Valley Parkway, Jim
Tucker and I began to discuss the costs associated with our maintenance of this road and we
asked the County if they would take over the Parkway's maintenance. In February, the County
Commissioners agreed to take over the Parkway, but only if we deeded them the right-of-way.
Well, we paid almost $23,000 for the right-of-way and I'm not sure we just want to give it to the
County. So, lets talk about this. . .
I have a project update timetable that I'd like to share with you that runs between now and April
15th. Because of this presentation's impact on the Metro District resolutions, I'd like to present
this portion of staff choice before the action items.
Finally, I'll be at the Town of Winter Park tonight to find out more about the new build
affordable housing project that WPRA had as part of their PDD and what's happening here. . .
That's all for now!
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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
TOWN BOARD AGENDA
REGULAR MEETING
MARCH 4, 1998, 7:30 p.m.
1. Roll call
2. Approval of minutes from 2/21/98
'" Open Forum
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a) Brian Munroe, Snowmobiling
4. Chamber of Commerce Update, Catherine Ross
5. Action Items
a) A Resolution amending Town.ofFraser Resolutions 8-1-96, 2-3-97, and
9-1-97 concerning conditional approval of the service plan of the proposed
Maryvale Residential Metropolitan District.
b) A Resolution amending Town of Fraser Resolutions 8-2-96, 2-4-97, and
9-2-97 concerning conditional approval of the service plan of the
proposed Maryvale Commercial Metropolitan District.
6. Discussion Items
a) Fraser Valley Parkway
7. Staff Choice
a) Project update and anticipated timetable
8. Board Member's Choice
Upcoming Meetings
March 9th: Town Board Special Meeting, 8:00 a.m.
March 11 th: Planning Commission Special Meeting
March 18th: Town Board Regular Meeting
March 25th: Planning Commission Regular Meeting
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TOWN BOARD
FED. 18, 1998
I The regular meeting of the Town Board was called to order at 7:30 p.m. Board present
were Mayor ,Johnston, KJancke, W"1I'BiD& HaveDs, Sanders, McIntyre and SwatzeD. Staff
present were Reid, W"mter, Trotter and Stone.
Klancke made a mouon to approve the minutes of'114198 and '1111/98 , 2nd Havens canied.
OPEN FORUM
None
DISCUSSION ITEMS
:& 'd discussed tb Sauitad Dis1Iic1s consoJidadon facilitation
CJ e on progress.
STAFF CHOICE
Reid reviewed a request ftom now for a location in Town for a container for placement of
deer heads. DOW is studying a suspected disease. Board win need 8ddi1iona1 monnauon.
Mcintyre appointed to serve as the Town representatiw on the East Grand Water Quality
Control Comnt""'CC.
Sales tax for 1997 coUec1ion discussed.
Trotter asked that Town Board come to the P1atmft1g Cormniuion mee1iug on Feb. 25111 as
Maryvale PDD and the sateway project are on the 19C?Dda.
Trotter reviewed the progress of the 3 mile plan mapping.
BOARD CHOICE
Mayor Johnston asked for discussion on Board pay.
Havens reviewed the Hines employee housing issue as discussed at the W"mter Park Board
meeting.
Klancke would like to see a program for water and sewer dry taps prior to any paving in
Ptarmigan.
KIancke discussed pathway needs from Town to the BaIlfields.
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EXECUTIVE SESSION
W"U'SiDg made a motion to hold an executive session to discuss pending legal issues( CRS
24-6-402(3XaXll), 2nd Hawn&, canied. Staff attending is Reid and Trotter.
Havens made a motion to como out of executive session. 2nd Hawn&, canied.
Havens made a mo1ion to hold a Special Town Board meedng March 9, 1998 at 8:00 a.m.
to consider f1IIlODdon pc1itioDs, 2nd W"11'Siug, caniecI.
No farthw ~ mtIGtiug a4j0umed at 10:20 p.m.
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TOWN OF FRASER
RESOLUTION
I A RESOLUTION AMENDING TOWN OF FRASER RESOLUTIONS 8-1-96, 2-3-97 AND 9-
1-97, CONCERNlNG CONDmONAL APPROVAL OF THE SERVICE PLAN OF THE
PROPOSED MARYV ALE RESIDENTIAL METROPOLITAN DISTRICT.
WHEREAS, on August 28, 1996, the Board of Trustees adopted Resolution 8-1-
96, a resolution which conditionally approved the Service Plan of the proposed Maryvale
Residential Metropolitan District; and
I WHEREAS, said Resolution was subsequently amended by Resolution No. 2-3-
97 adopted by the Board of Trustees on February 19, 1997, and Resolution No. 9-1-97 adopted
September 3, 1997; and
WHEREAS, Section 6 of said Resolution 8-1-96, as amended, provided, among
other things, that the Town would conduct further review of the Service Plan in conjunction with
the review of the Proponent's proposed annexation of additional lands to the Town and its
proposed amendment to the Planned Development District Plan for the Maryvale Project, and
that final action on the Service Plan was to occur by April 15, 1998; and
WHEREAS, the Proponent, Maryvale, L.L.C. has submitted proposed
modifications to the Service Plan and has also submitted its proposed amendment to the Planned
District Development Plan, but it is not feasible for the Town to complete its review of such
submittals and the anticipated annexation petitions and take final action thereon prior to said
April 15, 1998 deadline; and
WHEREAS, the Proponent has requested that said Resolutions be amended, to
further extend the time allowed for completion of such review and final action on the Service
Plan, and that a similar amendment be made in the Stipulation entered into by the parties with
respect to the organizational proceedings relating to the formation of the proposed District.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FRASER, COLORADO:
1. That, subject to the condition specified in Paragraph 3 below, Section 6 of Town of
Fraser Resolution 8-1-96, as previously amended by Resolutions 2-3-97 and 9-1-97, shall
be hereby amended to read as follows:
Section 6. That the Service Plan of the proposed Maryvale Residential
Metropolitan District is hereby conditionally approved subject to the following
conditions, which conditions are hereby agreed to by the Board of Trustees and the
Proponent:
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(a) The Town will conduct further review of the Service Plan in
conjWlction with the Town's review of the Proponent's proposed annexation of
additional lands to the Town and its proposed amendment to the Planned
Development District Plan for the Maryvale project, which process may include
I further public hearings concerning the Service Plan.
(b) In connection with such review, the Town may require the Proponent
to submit additional information relating to the Service Plan or to modify the
terms of the Service Plan. For example, and not by way of limitation, the Town
may require the Proponent to modify the Service Plan to limit or restrict the types
of services the District may provide in its service area, to require Town approval
for certain actions by the District, and to require the District to comply with all
provisions of the Planned Development District Plan for the Maryvale project, as
the same may be amended from time to time.
(c) Upon completion of such further review, the Board of Trustees shall
take :final action on the Service Plan by resolution, either granting :final approval
of such Plan or disapproving the same. It is agreed that such :final action taken by
the Board shall be in its sole and absolute discretion, and shall be final and
conclusive with respect to the proposed organization of the District. The
Proponent expressly waives any right to judicial review pursuant to Section 31-1-
206, Colorado Revised Statutes, as amended, in the event the Board does not grant
final approval of the Service Plan.
(d) The Proponent shall not obtain an order of the Grand COWlty District
Court providing for the establishment of the proposed District, unless and Wltil the
Board of Trustees has adopted a further resolution granting final approval of the
Service Plan, as provided in Subsection 6( c) above, and a certified copy of such
resolution is filed with the Court. If no such resolution granting final approval is
adopted and filed on or before April 24. 1998. or if the Board of Trustees takes
final action disapproving such Service Plan and a certified copy of the resolution
of disapproval is filed with the Court, then the proceedings for organization of the
proposed District shall be dismissed.
(e) The Board of Trustees and the Proponent shall enter into an amended
stipulation to be filed with the Grand COWlty District Court, which shall request
the Court to amend its prior Order Concerning Organizational Procedure to
modify the deadline for the Board's final action on the Service Plan, as provided
herein. If, for any reason, the Court rejects such amendment or if it is not
approved by the Court on or before April 1. 1998. then the Resolution extending
the deadline for final action on the Service Plan to April 24. 1998, as provided in
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Subsection 6( d) above, shall be automatically rescinded and the prior deadline of
April 15. 1998 shall remain in effect.
2. That all other terms and provisions of Resolution 8-1-96 shall remain unchanged
and shall continue in full force and effect.
3. That the amendment to Resolution 8-1-96 provided in Paragraph 1 above is
approved by the Board of Trustees subject to the condition that the Proponent,
Maryvale, L.L.C., approve and accept the terms of this Resolution by signing the
original or a copy hereof not later than March 20. 1998. If not accepted and
signed by the Proponent by that date, this Resolution shall be automatically
rescinded.
4. By its acceptance of this Resolution, the undersigned, Maryvale, L.L.C., agrees to
reimburse the Town of Fraser for all costs and expenses associated with extending
the time allowed for completion of such review and final action on the Service
Plan, including but not limited to reimbursement for the fees of the Town
Attorney, at the rate of$125.00 per hour, and the time spent by the Town Manager
and other Town staff, at the rate of$35.00 per hour. Such reimbursement shall be
paid within 10 days after written notice is given by the Town of the amount due.
PASSED, ADOPTED AND APPROVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASE~ COLORADO, TIllS day of ,
1998.
BOARD OF TRUSTEES OF THE
TOWN OF FRASE~ COLORADO
BY:
Jeff Johnston, Mayor
ATIEST:
(SEAL) Virginia Winter, Town Clerk
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APPROVED AND ACCEPTED BY THE PROPONENT this day of
, 1998.
MARYV ALE, L.L.C.
BY:
E. Rick Watrous, Manager
BY:
Richard F. Nipert, Manager
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TOWN OF FRASER
I RESOLUTION
A RESOLUTION AMENDING TOWN OF FRASER RESOLUTIONS 8-2-96, 2-4-97 AND 9-
2-97, CONCERNING CONDmONAL APPROVAL OF THE SERVICE PLAN OF THE
PROPOSED MARYV ALE COMMERCIAL METROPOLITAN DISTRICT.
WHEREAS, on August 28,1996, the Board of Trustees adopted Resolution 8-2-
96, a resolution which conditionally approved the Service Plan of the proposed Maryvale
Commercial Metropolitan District; and
WHEREAS, said Resolution was subsequently amended by Resolution No. 2-4-
97 adopted by the Board of Trustees on February 19, 1997, and Resolution No. 9-2-97 adopted
September 3, 1997; and
WHEREAS, Section 6 of said Resolution 8-2-96, as amended, provided, among
other things, that the Town would conduct further review of the Service Plan in conjunction with
the review of the Proponent's proposed annexation of additional lands to the Town and its
proposed amendment to the Planned Development District Plan for the Maryvale Project, and
that final action on the Service Plan was to occur by Apri115, 1998; and
WHEREAS, the Proponent, Maryvale, L.L.C. has submitted proposed
modifications to the Service Plan and has also submitted its proposed amendment to the Planned
District Development Plan, but it is not feasible for the Town to complete its review of such
submittals and the anticipated annexation petitions and take :final action thereon prior to said
Apri115, 1998 deadline; and
WHEREAS, the Proponent has requested that said Resolutions be amended, to
further extend the time allowed for completion of such review and final action on the Service
Plan, and that a similar amendment be made in the Stipulation entered into by the parties with
respect to the organizational proceedings relating to the formation of the proposed District.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FRASER, COLORADO:
1. That, subject to the condition specified in Paragraph 3 below, Section 6 of Town of
Fraser Resolution 8-2-96, as previously amended by Resolutions 2-4-97 and 9-2-97, shall
be hereby amended to read as follows:
Section 6. That the Service Plan of the proposed Maryvale Commercial
Metropolitan District is hereby conditionally approved subject to the following
conditions, which conditions are hereby agreed to by the Board of Trustees and the
Proponent:
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(a) The Town will conduct further review of the Service Plan in
conj1Ulction with the Town's review of the Proponent's proposed annexation of
I additional lands to the Town and its proposed amendment to the Planned
Development District Plan for the Maryvale project, which process may include
further public hearings concerning the Service Plan.
(b) In connection with such review, the Town may require the Proponent
to submit additional information relating to the Service Plan or to modify the
terms of the Service Plan. For example, and not by way of limitation, the Town
may require the Proponent to modify the Service Plan to limit or restrict the types
I of services the District may provide in its service area, to require Town approval
for certain actions by the District, and to require the District to comply with all
provisions of the Planned Development District Plan for the Maryvale project, as
the same may be amended from time to time.
(c) Upon completion of such further review, the Board of Trustees shall
take final action on the Service Plan by resolution, either granting final approval
of such Plan or disapproving the same. It is agreed that such final action taken by
the Board shall be in its sole and absolute discretion, and shall be final and
conclusive with respect to the proposed organization of the District. The
Proponent expressly waives any right to judicial review pursuant to Section 31-1-
206, Colorado Revised Statutes, as amended, in the event the Board does not grant
final approval of the Service Plan.
(d) The Proponent shall not obtain an order of the Grand C01Ulty District
Court providing for the establishment of the proposed District, unless and 1Ultil the
Board of Trustees has adopted a further resolution granting final approval of the
Service Plan, as provided in Subsection 6( c) above, and a certified copy of such
resolution is filed with the Court. If no such resolution granting final approval is
adopted and filed on or before April 24. 1998. or if the Board of Trustees takes
final action disapproving such Service Plan and a certified copy of the resolution
of disapproval is filed with the Court, then the proceedings for organization of the
proposed District shall be dismissed.
(e) The Board of Trustees and the Proponent shall enter into an amended
stipulation to be filed with the Grand C01Ulty District Court, which shall request
the Court to amend its prior Order Concerning Organizational Procedure to
modify the deadline for the Board's final action on the Service Plan, as provided
herein. If, for any reason, the Court rejects such amendment or if it is not
approved by the Court on or before April I. 1998, then the Resolution extending
the deadline for final action on the Service Plan to April 24. 1998. as provided in
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Subsection 6(d) above, shall be automatically rescinded and the prior deadline of
April 15. 1998 shall remain in effect.
2. That all other terms and provisions of Resolution 8-2-96 shall remain unchanged
and shall continue in full force and effect.
3. That the amendment to Resolution 8-2-96 provided in Paragraph 1 above is
approved by the Board of Trustees subject to the condition that the Proponent,
Maryvale, L.L.C., approve and accept the terms of this Resolution by signing the
original or a copy hereof not later than March 20. 1998. If not accepted and
signed by the Proponent by that date, this Resolution shall be automatically
rescinded.
4. By its acceptance of this Resolution, the undersigned, Maryvale, L.L.C., agrees to
reimburse the Town of Fraser for all costs and expenses associated with extending
the time allowed for completion of such review and final action on the Service
Plan, including but not limited to reimbursement for the fees of the Town
Attorney, at the rate of$125.00 per hour, and the time spent by the Town Manager
and other Town staff, at the rate of$35.00 per hour. Such reimbursement shall be
paid within 10 days after written notice is given by the Town of the amount due.
PASSED, ADOPTED AND APPROVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASE~ COLORADO, TInS day of .
1998.
BOARD OF TRUSTEES OF THE
TOWN OF FRASE~ COLORADO
BY:
Jeff Johnston, Mayor
ATTEST:
(SEAL) Virginia Winter, Town Clerk
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APPROVED AND ACCEPlED BY THE PROPONENT this day of
, 1998.
MARYV ALE, L.L.C.
BY:
E. Rick Watrous, Manager
BY:
Richard F. Nipert, Manager
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