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HomeMy Public PortalAboutTBP 1998-03-04 'J ~ . . / 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! ýÿ l, . . 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 .:J. 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 " . '. . 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. - ýÿ I . . 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. ýÿ I / : . . I . ,'" 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: I , . . I (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 -2- . . 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 - 3 - C,\WP\FRASBR\MARYVALB\MetroDistrict\Re4-mrmd.wpd ýÿ . . . 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 -4- C:\WP\PRASBR\MARYVALB\MetroDistrict\Re4-mrmd.wpd ýÿ ! I . ~ , . 4 . . 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: I I ' " , . . . I (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 -2- , .' . . . . 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 - 3 - C:\WP\FRASER\MARYVALE\MetroDistrict\Re4-mcmd.wpd . ~. " . . . 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 -4- C:\WP\PRASBR\MARYVALB\MetroDistrict\Re4-mcmd.wpd