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Home My Public Portal AboutTBP 1998-06-03 , , . . 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 June 3,1998,7:30 p.m. 1. Roll call 2. Approval of minutes from 5/06/98 and 5/20/98 3. Open Forum a) Sheriff Johnson 4. Chamber of Commerce Update, Catherine Ross , 5. Public Hearing - none 6. Action Items Sign variance request, Melanie Zwick -- ~()\ Ie.d a) 7. Discussion Items a) Cemetery Association b) Maryvale amended augmentation plan c) The existing Safeway building 8. Staff Choice Ce/r~ a) Paving plan - (4..~, flt,..~ ? fl' C '" i c. ( b) Board/PC workshop j JI:;~~ ? c) Water service for the school d) Muse Drive SID 7 · to: - ,-,. ? e'} ~ob ~\Ml'\ y '?io~+t. }vla? . _ rV\"'~ ~~t- 9. Board Member's Choice ~CW~y Upcoming Meetings June 17th: Town Board/Planning Commission picnic and Regular Meeting June 24th: Planning Commission Regular Meeting ~ . . . ~, : I TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue I Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 manager's briefing: May 29, 1998 Sheriff Johnson will be at the regular meeting next Wednesday to talk and listen about our contract with the Sheriff's Department. Catherine Ross will also join us to talk about Chamber happenings - its looking to be a full and fun summer! Action: Melanie ZWick has requested a variance to the sign code (see letter) which would allow her to place a sign underneath the existing "Finnegan's" sign on U.S. 40 at Eastom Ave. As a general rule, Fraser does not allow "off premise" signs. Finnegan's received a variance in exchange for an easement for the Fraser River Trail in 1991. Staff recommends denial of ' Zwick's request based on the belief that allowing the variance would set an undesired precedent. DiscuSsion: The Cemetery Association has written a letter. (copy enclosed) requesting several , things. They will be present to discuss their requests. In the last few months, the Association has picked-up additional land adjacent to the Cemetery which was donated by Frank Johns. I . still think it premature and expensive for the Town to make commitments for the upper third of the parcel. Maryvale filed their amended augmentation plan and we have filed a letter of opposition (copy enclosed). If you want a full copy of the amended augmentation plan, you will also want a full copy of the original augmentation plan, please call us and we'll make a copy. The committee that is working on what to do with the existing Safeway site met last week and they (and I) are looking for some clarification and direction on your interests for the building's future use. Staff Choice: On June 17th Vicki Mattox, our investment banker, and Jim Swanson will meet with us to talk about the paving project. Vicki will tell us about the process of selling bonds, Jim will propose a phased project schedule, and I will bring information about budgetary impacts based on Vicki's numbers. I'd like to know what else you'd like covered on June 17th. Catherine and I would like to schedule a joint BoardIPlanning Commission retreat/workshop on July 29th beginning at 3:00 p.m. and ending that night at 10:00. Thoughts? ýÿ . , . . Fraser Valley Elementary School is extending a water main from the comer of Norgren and Muse north to serve the school addition. Our water engineer, Ron Mclaughlin, recommends that the service line be upgraded from an 8" line to a to" line. The school has asked that we pay, at a minimum, the cost differential between the 8" and 10" line. This conversation will fit well with the Muse Drive discussion. I'm beginning the engineering work to complete the public improvements required for Muse Drive with the goal of looping the water line and completing the road by this fall. I'll be providing a general update about this project and I'll be looking for policy direction relative to the Town taking over all water line extensions and making this cost part of the plant investment fee in existing subdivided areas. I'm recommending this so that we can insure the integrity of the water system. . . TO\VN BOARD MAY 6, 1998 The regular meeting of the Board was called to order at 7 :30 p.m. by rvfayor Pro-tern Soles. Board present were Swatzell, Sanders, Klancke, Rantz and NfcInt)-Te. Staff present were Reid and Winter. :Minutes from the last meeting are not available for review. OPEN FORl'M CDOT staff member gave a presentation on the improvements being done to Berthoud Pass this summer. They will have 20 nights of closure, Sunday through Thursdays starting approx. June 1st. PUBLIC HEARING VILLAGE AT WL'VTER PARK RANCH PUD VACATION Sanders made a motion to open the public hearing on the vacation of a PUD on the Village at Wmter Park Ranch property. Reid reviewed the vacation of the PUD and recommends continuing the hearing to May 20th meeting. Safeway will need :final approvals on the subdivision and development plat prior to this vacation. NlcIntyre made a motion to continue the hearing to May 20th, 1998 at 7:30 p.m., 2nd Rantz, carried. CHAMBER UPDATE Ross gave the monthly update for the Chamber. The Chamber is developing a Economic Development group and would like someone from the Town to participate. McIntyre made a motion to appoint Nat Havens to the marketing committee, 2nd Swatzell, carried. ACTION ITEMS Red Tail rafting is requesting a banner permit variance. Owner of the business briefly re"iewed the request for the variance to have (2) 25 sq. ft. banners rather than the allowed (1) 50 sq. ft. banner. Swatzell made a motion to approve the request for the 2 banners for a period of 2 years, 2nd Rantz, carried. ýÿ . . Resolution No. 5-1-98 Increase street cut from $20 to $50 Klancke made a motion to increase the cut permit fee from $20 to $50 adopting Resolution No. 5-1-98, 2nd McIntyre, carried. The excavating issue will be revisited with regards to pavement, at some point in the future. Liquor License renewals McIntyre made a motion to approve the renewal of Fraser Quick Stop, 2nd Rantz, carried. McIntyre made a motion to approve the liquor license renewal of Sharkey's 2nd Rantz, carried. DISCUSSION ITEMS Bruce Hutchings from GCWSD discussed the stream flow report that has recently been completed for Grand County Water and Sanitation District. The Town of Fraser is on the agenda for May 20th. McIntyre made a motion to hire an independent engineering firm to review this report for the Town, 2nd Klancke, carried. Reid discussed the old Library Building. The Town owners the property and the Library has a lease for the site as long as it is used for a Library. Ideally the Town could purchase the building at a fair cost. Board instructed Reid to keep working towards this end. Reid discussed the Safeway building that will be vacant when the new store goes in. Reid presented a proposal from the NIayor, Managers meeting to create a Grand County Housing Authority with the participation of the Town's. $25,000 per year is being asked of the Town of Fraser for staffing. Board will look further into this issue. STAFF CHOICE Reid shared further information on Deer Head collection. Board approved this drop station. The IGA agreement with the Town of\Vinter Park on the St. Onge property will need extended for 6 months. Board approved. ýÿ . . Reid briefly re"iewed Bonding information. Vicki Mattox will be at a meeting with further information. McIntyre made a motion to appoint Virginia Winter Town Clerk for the next 2 years, 2nd Sanders, carried. Rantz discussed that he would like the Board. to issue any excavating permits prior to approvals on subdi\.isions or development permits. No further business, meeting adjourned at 10:00 p.m. , . . TOWN BOARD MAY 20, 1998 The regular meeting of the Town Board was called to order at 7:30 p.m. by :Mayor Pro-tem Soles. Other Board members present were Swatzell, Klancke, Rantz, McIn~e, and Sanders. Staff present were Reid, Trotter, \Vinter and Stone. Swatzell made a motion to approve the minutes of 4\29\98 2nd Klancke, carried. PUBLIC HEARING! VILLAGE AT WINTER PARK RANCH, Pl1D VACATION Swatzell made a motion to open the public hearing, 2nd Sanders, carried. R'dtibit A. Affidavit of Publication notice of hearing. Reid explained the PUD that is being vacated. The properties involved with the PUD is the new Safeway development site and the Hooker property (Discount Liquor Barn). The property is zoned business with the PUD overlay. No public comment. Klancke made a motion to close the public hearing, 2nd Rantz, carried. PUBLIC HEARING\ BURN PE&WT FOR THE CACTUS NEEDLE BUILDING All requirements have been met to consider this bum. It was suggested that this bum not be allowed to smolder, run off of water be contained from wet lands! river. wlcIntyre made a motion to close the hearing, 2nd Rantz, carried. Rantz made a motion to approve the bum permit for the Cactus Needle building, 2nd McIntyre, carried. ORDINANCE 244, APPROVING AN MIENDED M"NEXATION AGREE~IEl'il FOR THE hSAFEWAY PROPERTY". ORDINAJ."lCE 245, APPROVING AN AMENDED M1\l"EXA TION AGREEMENT FOR THE hHOOKER PROPERTY" ORDINANCE 246, AN ORDlL"lANCE A\1ENDING ORDINANCE 107 A"TI 201, TO REVOKE THE PUD SPECL!\L USE PERi\1IT, P{;ll PLAN Ai'ffi SUBDIVISION EXEMPTION FOR THE SAFEWAY PROPERTY. ýÿ . . ORDL.~ANCE 247, AN ORDINANCE Al\IE~nING ORDINA1'iCE AME~nL~G ORDINANCES 107 AND 201, TO REVOKE THE pun SPECIAL USE PER."\fiT, PUD PLAN .<\J."lD SUBDIVISION EXEMPTION FOR THE "HOOKER PROPERTY", Brief discussion was held on this agreement. Swatzell made a motion to approve Ordinance 244 with the addition of language to the amended annexation agreement that: "Lot 3 is intended to accommodate affordable, or employee or attainable housing, as defined by the G.C. Housing Authority or Town Board," and approve Ordinances 245, 246 and 247. Nfotion 2nd by Klancke, carried. FINAL DEVELOPMENT PLAN PLAT, SAFE'V A Y - FR.<\SER :MARKET PLACE Reid and Trotter reviewed this business development and the proposed subdivision. Trotter advised that the Planning Commission has approved the plat and development permit subject to various conditions. Trotter listed the conditions that should be added to the approval by Town Board. Swatzell made a motion to approve the final Plat and development permit for Safeway Fraser Market Place subject to the following conditions; 1. Subdivision improvement agreement in place prior to building permit. 2. Deed for lot 5 to the Town of Fraser ~ithin the next 6 months. 3. FENfA approval of the revised flood plain map prior to C.O. Motion 2nd by Sanders, carried. BYERS VIEW TOWNHOUSES DEVELOPMENT PLAN PLAT Trotter reviewed the Plat. Discussion was held with regards to the Army Corps of Engineers National Permit #26 regulations relating to this property. Sanders made a motion to approve the Development Plan Plat for Byers View Townhouses subject to the following: 1. Additional drainage information as requested by the Town Engineer. 2. Copy of the filed report as required to comply with the National Permit # 26. Motion 2nd Klancke, carried. ALPINE VISTA TOWNHOMES #1 DEVELOPMENT PLAN PLAT Trotter reviewed the plat. No outstanding issues on this plat. Swatzell made a motion to approve this plat, 2nd Klancke, carried. STAFF CHOICE Reid gave an update on the Clayton Subdivision Improvements agreement that is proposed to be amended. Board directed Reid to continue work on this proposal. Reid advised Board that a water main had broken in the Jones meadow again. . . Board discussed the meeting they had with Grand County Water and Sanitation earlier in the evening. Rantz and Klancke will work with Reid regarding the conditions that will apply should GCWSD be allowed to build a new mechanical plant in the tOV\on limits. Klancke will give a report to the High County Haus Condo Association. Trotter advised that the Arbor Day ceremony will be on the 29th at 2:00 p.m. ýÿ . . C\ {~~\;Y\~ -- .- May 14, 1998 Fraser Town Trustees Box 120 Fraser, CO 80442 Dearfustees, This is a request for permission to add a sign below Finnegan's sign at the corner of Eastom and Highway 40. I am reqUestlng this location because my building and property Is blOCked from view to people heading north on Highway 40. LInda Finnegan and I spoke about this and she Is agreeable to this arrangement. The sign will say INSURANCE and be the width of the posts (approx. 5') and about 10 \\ high. Sincerely, Melanie Zwick . t d ~'.JdC1G: 5:0 :=:~,6 t .; t . fO'Elo.J tL'36 '3,:2.. C1L.6 : 'Ot'J 31.JOHd 'T.ld '..l:3I_lS'-i:::J1] 31 Eo'_lfj : l...JOdJ . . , RCPTN # 290854 RECORDED 01/22/91 AT 12:34:22 BOOK 474 PAGE 151 SARA L. ROSENE. RECORDER - GRAND COUNTY CO PG # 4 OF 6 EXHIBIT liB" TO EASEMENT DEED (WARRANTY) FROM THE OWNERS OF WINTER TRACT 1 TO THE TOWN OF FRASER, COLORADO SPECIAL CONDITIONS: 1. GRANTOR shall have the right to erect a directional sign in the town landscape planter at the corner of Eastom avenue and U.S. highway 40 as long as such sign complies with the provisions of the Town of Fraser sign code. . , . . . OVERTURF & MeGA TH, P.e. A PROFESSIONAL CORPORATION ATIORNEYS AT LAW 1675 BROADWAY, SUITE 2350 DENVER, COLORADO 80202 (303) 5924250 FAX (303) 592-1298 May 13, 1998 Town of Fraser Board of Trustees c/o Chuck Reid, Town Manager -~ ..-- P. O. Box 120 Fraser, Colorado 80442 RE: Fraser Cemetery Association Our File No. 58-240 Dear Trustees and Mr. Reid: The Fraser Cemetery Association understands that Fraser has completed the lease purchase"agreement of Planning Area 28. Accordingly, the Cemetery Association requests that the Town Trustees act to protect the cemetery, and simultaneously main- tain the sense of community that the Fraser Cemetery provides to the town residents. Consistent with the public purpose that the cemetery serves, the Cemetery Association proposes that the Town Trustees enter into an agreement to convey, by Quit Oaim Deed to the Fraser Cemetery Association, the upper areas of Planning Area 28. This of- fers certainty and finality to the land use decisions of this town board. Such a convey- ance is well within the recognized and established" public purpose" exceptions to Arti- cle XI, Section 2, and Article V, Section 34 of the Colorado Constitution. Also, the Fraser Cemetery Association requests a conveyance of a negative ease- ment restricting the building heights on the lower portion of Planning Area 28. The height restriction shall be within that area which has been previously agreed and sur- veyed to constitute the view corridor north and down the valley from the cemetery. This is consistent with our prior work together. Previously, in November, 1997, the Cemetery Association submitted to the town a sketch of easements describing the building height restriction easement area, as well as the no build zones on the upper area of Planning Area 28. Again, submitted with this letter, is a sketch of the surveys, as well as proposed conveyance documents. This presents the most reasonable means of assuring that the intent of this pres- ent toWn board is satisfied in our climate of rapid growth and uncertainty with respect to future land use issues that affect us. The Fraser Cemetery Association requests that the town board consider this matter at their next meeting on May 20, 1998. Then, the , ýÿ . . . . Board of Trustees Chuck Reid May 13, 1998 Page 2 Cemetery Association can be present for the meeting on June 3, 1998 to fully discuss and arrive at a final solution concerning this important matter. This will permit a vote of the full board of trustees on June 17, 1998, if not sooner. If you have any questions or comments, please do not hesitate to call. I have en- closed courtesy copies of these documents for each Trustee_~mber. We look forward to continuing our work together. ..-- Very truly yours, OVERTURF & McGATH, P.c. tett --.. Ross L. Libenson RLL:ts enclosures cc: Fraser Cemetery Association . . . :}'.o .; . 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EASEMENT AGREEMENT FOR PROTECTION OF VIEW CORRIDOR THIS EASEMENT AGREEMENT is made this day of , 1997, by and between TOWN OF FRASER ("Town") and THE FRASER CEMETERY ASSOCIATION, a Colorado non-profit corporation ("Cemetery"). _.~ RECITALS A. Town is the owner of certain real property situated in the Town of Fraser, County of Grand, State of Colorado, described as Maryvale Planning Area 28 ("P A28") on Maryvale Planning Area 28 Subdivision Exemption Plat, which plat is dated Sep- tember 20, 1996 and recorded in the records of Grand County Oerk and Recorder at Re- ception No. 96008813. B. The Cemetery is the owner of real property adjacent to Maryvale Planning Area No. 28 described in Book 219 at Page 202 of the Grand County Clerk and Re- corder's office. C. For the health, safety and welfare of the residents of the Town of Fraser, the Town has agreed to convey to the Cemetery an easement for the visual corridor de- scribed as a building height restriction easement on Planning Area 28 as defined where no structure may exceed 17 feet in height from existing ground within that area. NOW, THEREFORE, for and in consideration of the foregoing recitals, the sum of One Dollar ($1.00) and other valuable consideration in hand paid to the Town, the receipt and sufficiency of which are hereby acknowledged, the Town and the Cemetery agree as follows: AGREEMENT 1. The Town grants to the Cemetery, its successors and assigns, forever, a negative easement that the Town, its successors and assigns, forever, shall never con- struct nor allow construction of any improvements upon, over, or across PA28 that in- terferes with the corridor from the Cemetery to the west and to the north, as legally de- . scribed in Exhibit A to this Easement Agreement. 2. In the event of any litigation between the parties relating to this agree- ment, or between their successor or assigns, the prevailing party shall be entitled to / ýÿ , . . costs and reasonable expert and attorney fees incurred in connection with such litiga- tion. 3. The grant of this easement shall run with the property and shall be bind- ing upon and inure to the benefit of the parties hereto, their successors, assigns, and parties in interest. 4. This grant of easement shall extinguish and all rights associated therewith shall revert back to the Town or its successors and assigns if the real property described in Book 219 at Page 202 of the Grand County Clerk and Recorder's office is not used, maintained or improved for use as a public cemetery. _.~ 5. This agreement and all terms and provisions hereof shall be govez:ned by and construed in accordance with the laws of the State of Colorado, with venue in Grand County, Colorado. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. TOWN OF FRASER By Mayor STATE OF COLORADO ) ) ss: COUNIY OF GRAND ) SUBSCRIBED AND SWORN TO before me this day of ,1997 by My conunission expires: Notary Public 2 ./ ýÿ . . . . , . By Clerk STATE OF COLORADO ) ) 55: COUNTY OF GRAND ) --- SUBSCRIBED AND SWORN TO before me this day of .1997 by . My cOmmission expires: Notary Public FRASER CEMETERY ASSOCIATION BOARD OF DIRECTORS By STATE OF COLORADO ) ) 55: COUNTY OF GRAND ) SUBSCRIBED AND SWORN TO before me this day of .1997 by My cOmmission expires: Notary Public , i 3 I /' . . . . . . EXHmIT A (Legal Description for Easement of No Build Zones) ---- 4 /' ýÿ .. . "\ . . . BAKER, CAZIER AND McGOWAN <Q/tq{~ q;~ OF PROFESSIOS.-\L CORPORATIOSS 62495 l:.S. HIGHWAY 40 EAST BOX 500 JOHN L BAKER. P.C. GRANBY. COLORADO 80446 STANLEY W. CAZIER. P.C. TELEPHONE (970) 887.3376 RODNEY R. McGOWAN. P.C. FAX (970) 887.9430 May 19, 1998 Mrs. Peggy Jordan Clerk of the Water Court Water Division No. 5 109 Eighth street, Suite 104 Glenwood Springs, Colorado 81601 RE: Statement of Opposition, 98CW04l Dear Peggy: Please find enclosed the original and four copies of a Statement of Opposition in this case together with my check in the amount of $45.00 to cover the filing fee. Could you please stamp and return one copy to me in the enclosed self-addressed, stamped envelope. Thank you. SWC:sa Enclosure pc: Mr. Chuck Reid C:\WP\SWC\J\JORDN,.LTR CG(Q)[}?Jt7 ýÿ .' ,#1 . . Submit original plus 3 copies II DISTRICf COURT, WATER DIVISION , , COLORADO=~'o='-~~' "= ~" ,,~~ I! Case No. 98CW041 II :; STATEMENT OF oPPOSmON .1 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: I; 'I !I Maryvale, LLC , in Grand County. Ii, !: 1. Name, mailing address, telephone number(s) of Opposer: I Ii : I Town of Fraser Stanley W. Cazier II I, ., Post Office Box 120 Post Office Box 500 I' II i Fraser, Colorado 80442 Granby, Colorado 80446 i (970) 726-5491 (970) 887-3376 2. State facts as to why the application should not be granted or why it should be granted only in part or on certain conditions: (Add additional sheets as necessary.) a. '!he Town of Fraser owns water rights which may be impacted by this application. b. '!he Town of Fraser was an original Objector. il1 the original Augmentation I Plan and wants to make sure that th~ D€:cree is compatible with the I original Decree. c. '!he Town of Fraser has an agreement with Applicant and it may tak.e over the operation of the Plan of Augmentation and, accordingly, wants to mak.e sure it is involved in the process of formulating the Decree. Signature of~(or AUOmey) Addn!Ssof~(or AUOmey) Td~ooMN~q70 AR7-117~ Attorney Registration No. 4~4A ) SS. ! , state under oath that I have read this Statement I ~ - -~--! .~ . t1/! ~"'" I H..=:-__=_ - ~_-._ 0' 0 .::- _ .,..:-: .~~ '.~- -,_.' . -:o:-=-__==-==--=--=.-d No. JDF 303W. Rev. 3-90. STATEMENT OF OPPOSITION '1'\; Bradford Publishing, 1743 Wazee St.. Denver, CO 80202 - (303) 292.2500 - 7.95 ýÿ