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HomeMy Public PortalAboutTBP 1996-06-05 \ . . 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 5, t 996, 7:30 p.m. 1. Roll call 2. Approval of 5/15/96 minutes 3. Open FOrQm 4. Catherine Ross 5. Kathleen Reilly, Wellhead Protection Program 6. Fraser River Trail. Bid proposal 7. Environmental Issues: a proposed air quality ordinance 8. Village at Winter Park Ranch: sign variance request 9. Manager's Choice to. Board Member's Choice MEETING SCHEDULE REMINDER June 4th: Fraser Planning Commission, 8:00 p.m. June 6th: Quail Drive/Wapiti Meadow neighborhood meeting, 7:00 p.m. Wapiti Community Bldg. June 12th: Town meeting June 19th: Town Board Regular meeting June 26th: Planning Commission . . 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 Briefing: June 3, 1996 New Things Kathleen Reilly from the Colorado Department of Health & Environment will provide the Board and guests information about the State's Wellhead Protection program Wednesday night. Please see the attached memo from April 25th for details. Bids for the Fraser River Trail came back $60,000 higher than anticipated and not for a completed project (crusher-tine gravel and handrails will be required in 1997 to complete the trail). The higher bids are due to the fact that the budgeted amount was based on ]992 figures, which in turn were based on construction ofthe trail only to the Maryvale property line. Vicky and I will determine the financial implications of completing this project and come to the Board with a recommendation Wednesday night. In addition, Town Engineer Ed Opitz will also provide a recommendation to the Board. Catherine has drafted a proposed ordinance concerning Environmental Control, specifically air quality, that she will be brining to the Board for consideration Wednesday night. The Planning Commission has already heard this presentation and recommended that staff take the issue to the Town Board. The Village at Winter Park Ranch is in violation of the sign code and since the property has changed ownership, we can approach the new owner (Colorado Community First State Bank) about removing the signs. Staffhas done this and Dean Boyd has agreed to removing the signs. However, the property's broker, Lorr Quinn, and the bank are interested in using the signs to advertise that the property's for sale. Since Dean and Lorr have been very cooperative with the Town in their pursuit of a the property's final use and buyer, staff would like the Board's input on whether or not you'd like to grant a variance. Ifa variance is granted, staff recommends that the signs be removed upon sale of the property. ... ...' ,..0.- ýÿ " . . <" <. TOWN BOARD MAY 15, 1996 The regular meeting of the Town Board was called to order at 7 :30 p.m. Board present were Mayor ProTem Havens, Sanders, Wirsing, Swatzell, Klancke and McIntrye. Also present were Skelton and Winter. Minutes of the previous meeting were approved. FRASER MUSTANG UPDATE Dave Sladek, of Walsh Environmental Scientists and Engineers Inc., the fmn hired by the Town to clean up the Fraser Mustang contamination gave an update on the progress of work to date and options of cleaning the soils when the extent of soil contamination can be detennined. They 6 tanks so far that will be pulled. Originally it was thought that no more tan 4 tanks were on the site. Also to be detemtined will be if clean up or tank removal win necessitate the demolition of the building as pad of the clean up project that is reimbursable by the State. Tanks should be removed this week, testing on soits and reports of finding will be accomplished the 2nd week of June and sent to the State, treatment will hopefully start early in July. Sladek stated that depending on the problem clean up and monitoring would last 2 to 3 years. Sladek explained off site monitoring of contaminates. The Town has the option with regards to cash flow to place the project on hold as appropriate, reimbursement from the State can take several months.. Sladek will keep the Town infonned. FRASER QUICK STOP LIQUOR LICENSE Mayor Protem Havens called the hearing to order at 8:00 p.m to consider granting a 3.2 liquor license to the Fraser Quick Stop LLC, Akram Hanna and Kimberly Hanna, members. Havens infooned the Board that they needed to set the neighborhood boundaries for consideration of desires of the neighborhood. Wirsing moved to set the neighborhood from the bottom of Berthoud Pass to the top of Red Dirt Hill, as we serve towists this is a reasonable consideration, 2nd Swatzell, carried. The Town Clerk presented the following exhibits: Exhibit A. Proof of Publication of hearing Exhibit B. Poster displayed on the premises Issues addressed: Zoning is approprlate for a Hquor outlet. This location has previously held a liquor Hcense. Sheriffs Dept. report is favorable. AppHcants have been finger printed as required by Law. ýÿ . . . . Desires of the adult inhabitants. A petition was presented with 110 signatures in favor of this business offering 3.2 beer sales. Existing outlets within the neighborhood 31'e: Safeway Store in Fraser, Stop and Save in Winter Park and 7-11 in winter Park. Akram Hanna stated that he was asked frequently by his customers to provide this service hence the application for a license. fun Colman stated that he would like to see a liquor licen~e issued here. Swatzell moved to approve the granting of a 3.2 liquor License to Fraser Quick Stop LLC., motion 2nd Sanders, carried. Hearing closed. PINON RIDGE Kirk Klallcke representing the Fraser Cemetety and Catherine Skelton, plamtel' discussed tlle Eastom cemetery property and various means to transfer this property to the Fraser Cemetery Committee. Also the Fraser Cemetery Committee will be reviewing a request to place a private road to 3 lots in the proposed Pinon Ridge Subdivision. Btiefly discussed was the road request. The town attorney is working on this and expected to have documents for the June 5th meeting. STAFF CHOICE Board set May 27 at 7:00 p.m. to work further on tlle Town Conununity meeting agenda items. A possible agenda for the community meetings were prepared by Reid. Board will look at this over the next few days and make changes but would like to get a flyers out to the comtnunity. Each Board member will bave neighborhoods to work on to get our residents to attend. Also the Board wants a suggestion box available for those citizens that do not talk at these meetings. BOARD ITEMS Swatzell and Sanders attended the elected Officials workshop and stated that it was very good. Mcintyre is concerned that it appears the County has no concerns or a department to handle any thoughts of transportation issues at a county level. McInttye also had flyer information on the next Land Conservancy committee meeting. Klancke would like consideration for free dumping of waste disposal from the hosts at the camp grounds. ýÿ , I . . - .,. (~ . Sanders is very concerned about the traffic problems on town streets. Board decided that they would each assess their own neighborhoods and make a Jist of needs as to stop signs etc., get them. back to the office and the street dept. could review them. and the list would then come back to the Board. No further business, meeting adjourned at 9:15 p.m. ýÿ . .- 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 MEMORANDUM TO: Mayor .JOhUS~aser Trustee. FROM: Chuck Reid DATE: April 25, 1996 SlJ8.JIt~CT: Wellhead Protection I)rogram In December, Marianne Klancke requested that Fraser look into participating in the State's Wellhead Protection Program, a voluntary, no-cost, non-regulatory program offered through the Department of Public Ilealth and Environment. The program includes the following action steps: I) Delineation orwell-head protection area 2) Inventory of potential contaminant sources 3) Identification of management practices to mitigate contaminant threats 4) Contingency plan formulation 5) New well siting (if needed) The Wellhead Protection Program would benefit Fraser by providing a qualitative study of some ofthe factors that innuence Fraser's well field, and by identifYing best management practices to minimize wclllicld thrcats. The Wellhead Protection Program would "piggyback" nicely with an efrort that the County is currently involved with -- a broader study that includes a study of water quantity in the Upper Fraser River Valley. Staff recommends that the Town work with the Board of County Commissioncrs, the East Grand Water Quality Board, and other jurisdictions in the uppcr Fraser River Valley to clarify the distinctions between the Wellhead Protection Program and the program that the County is currently pursuing, and that we initiate this program by inviting Kathleen Reilly of the Colorado Department of Hcalth and Environment to a future Board meeting where we can find-out more information. '"' . . . . 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 TO: Mayor Johnston and Town Board Members FROM: Catherine SkeltO~ DATE: May 3 1, 1996 '\ RE: Air Quality In 1995, Fraser Town Board set goals for directing growth in the Upper Fraser Valley (Please see attached Manifest article). One ofthese goals was to "research municipal and county regulations to implement such regulations concerning the installation of wood burning appliances in new residential construction and the elimination/conversion of non-certified devices." Over the last year, air quality in Grand County has increasingly become a concern to many residents, especially in the Upper Fraser Valley (Please see attached letter fi'om Ingrid Karls/rom & Jim Coleman). In early December, Fraser, Winter Park, and the County received numerous phone calls commenting on the air pollution in the Upper Fraser River Valley, and the possibility of adopting air quality standards. Fraser, Winter Park, and unincorporated Grand County have been researching many mountain communities in Colorado which have implemented air quality standards. The main sources of air pollution are wood and coal heating devices, open slash burning, road dust stemming from the sanding of roads, and vehicle emissions. Thermal inversion conditions exist in winter months, thus enhancing the air pollution problem. An inv~rsion is characterized as cold, heavy air trapped near the valley floor by warmer, lighter air. Inversions cause a build~up of air pollutants by restricting the flow of air " through the valley and limiting air mixing. This build-up of pollutants leads to poor air quality, and affects our health and quality of life. PM 10 (particulate matter ten microns or smaller) and carbon monoxide are regulated by the National Ambient Air Quality Standards, and are the primary pollutants identified in wintertime inversions. Currently, the UI'per Fraser Valley is in compliance with these standards, but many other mountain valleys in Colorado are not. . . , At this point in time, Winter Park has adopted a "Wood Stove Ordinance." Grand County Planning Commission approved air quality "Amendments to the Grand County Subdivision Exemption Regulations", "Amendments to the Grand County Subdivision Regulations", and "Amendments to the Uniform Building Code & Uniform Mechanical Code". The Board of Commissioners held a public hearing on the amendments on May 28, 1996. They will continue the public hearing in early July to ensure that all public comments have been heard. On March 27, 1996, air quality was the subject of discussion at the Fraser Planning Commission. The Planning Commission asked staff to make some changes in the draft ordinance and bring it to the Town Board to be enacted as an emergency ordinance if you see fit. Enclosed is a draft air quality ordinance for your review and consideration. There are copies ofthe ordinances adopted by Winter Park and Grand County at the Town Hall for your information, if you are interested. Staff also has copies of several ordinances adopted by various mountain communities throughout Colorado. Please call me at the Town Hall if you want a copy. We look forward to an interesting discussion about air quality, anticipate changes to the draft ordinance, and hope to set a public hearing on this issue. ýÿ t rr(1::)er lo~n board set.goals for 1- directing growth in upper valley '1j... The Fraser 'Ihwn B.O ard recently. set .. improve land use and facilities stallation of water meters in all town. res- goals and ohjectives at a one-day relrent, planning; . idences, although a date to begin the emphasizing both a sense of ~~~.!11unity '0. · continue partnership with the busi- proje~t ha.,; not been set. ~ nfld the development of ma~agement ness community. New constructions must have the goals to control growth in the entire Up- In other recent actions, the board has meters installed. ~ per Fraser Valley. conducted several budget meetings lead- "We will continue to charge everyone ~ "'Ille 'Ihwn of Fraser cannot afford.to ing to the public hearing scheduled for on a flat. rale until nil meters arc in- .....:s operate in a vacuum in its plnnning. We Decernber 71h. stalled," Btown said. musl work to coordinate with Winter In one change, the board has decided The installations will probably not Park and the various districts in the up. to budget funds to pay for the dumping begin until at least 1991, he added. per valley," said Clay Brown, Fraser of trash collected during the town's The board formally directed Brown town manager, clean-up days, to work with the Fraser Valley Brown. supnorts this in conjunclion "Our bUdget is in good shape. We Metropolilan Recreation District to help wilh providing additional housing, feel- should be able to fund the projects se- provide irrigation water fOf the dislrict's ing one possible option is to ere te a leeled by board members," Brown said. new Spotts complex, non-profit housing development or ani. The total proposed budget for 1995 is The complex, planned for 40 acres at zation to both coordinate and assist 'n Ii- set at $2,(J46,834. the inlersection of Counly Road Five nancin ng eve 01' In olher business, Ihe board has ap- and Highway 40, will be built on land nother prime example is air u '- proved all regulations to begin the in- Continued on Page 11 Iy. It doesn't do any good for Fras r 10 ban wood fires if everyone around s al- lows them," Brown said. The board's objective for the u va UlWlh-mana e als stressed a "collaborative approa h to create a plan to minimize the neg live I aspects of growth and development.' , Besides housing, other areas of on- cern and some recommended act ons identified were: · open space - locate grants t in- vcntory. polential open space and a low for the transfer of this land into an 0 en- /spareilesignation: - ./ · air quality - study wood-bur ing and possible regulations and work t ,~n- crease a . "ilit 0 na ura gas; . d traffic nnd the possibility of more masslr ns- . - porlatlOn; ",. " 'HilI'.... S . continue public safety and securit Ihe light of increased growth; .waler and wastewater -Mucat thesc issues in entire valley, And prove coommnicatlon. with theFr Sanilation District ~ '~Other goals identified hY'the bo rd were to . 0 · pre!lcrvc. 'enhance and promot a ~ense of communily; . . . . . .. ... ... ...... ". '''' .. January 16, 1995 . . , Hr. Marvin Fischer Building Department, I Grand County Grand County courthorse lIot Sulphur Springs, CO 80llsl Dear Harve: I am beginning , 0 feel like a coal-mine canary. I never thought it toJould happen up h re, but air pollution in the Fraser River Valley has reached critical mass. The past 3 months, Jim Coleman and I have returned from late-n gilt County F&Z meetings and upon crossing Red Dirt lIill and descending nto the Tabernash area, have seen and smelled the chastly level of (fijerlacel smoke pollution. I suffer from asthma and Jim thought he had a cold but both of us, all 3 trips, iJnmediately exper- ienced spells of cou hing, gasping and choking Hhich seemed to subside as He reached Fraser .1 1I0t-lever, the strong smell of smoke still filled the air at my house Jp on Grandma Miller's Ridge, Co. Rd. 520. I believe it is Mr. Yaklitch Hho is processing a 100+ lot sub- division just NW of . abernash. off IIHY. 40. !~~~~ !~ ~~ ~~~ !~~ ~~~~ ~~~ ~~g~!~ ~g~!~~~ ! Q ~~~~ f!!~~ ~~~g!g~ ~ll ~!g!~! l~~~. I had asked Mr. Yaklitch in the &Z meeting t-lha t type of heating utility he Has bringing in and he s id "natural gas. " It's a natural! Q~~-~~l~ !!~~- ~!.~~~~. It is time or such restrictions to be placed in our county building code. Enclosed please find references to the problem by the 'fotoJn of Fraser. I knoH lHn t e r Park a so has concerns and I'm sure the other townships have 1 i1tet-lise. Besides burning, increased automobile and snotoJmobile pol- lution are compoundil g the problem. The creating of snoHmobiling meccas (Grand Lake and Fras r) and the lack of alternatives to auto transporta- tion are critical is ues for our county, needing to be addressed ~!.~~! !!~~. ,~ e Hill apprecL te your attention on these matters. ? J.. ."- o} -~. I S' 1 (~-')'J,;; lncere:; Y7"fA' - !~t.-lL~7;:t-r.: l.~ L--/ Enc: 1 ;}fid ~" Co. P&Z CC: Clay Brown 'AA.. "'"--- I Ngr. , 'foHn of F aser im Coleman, Co. P&Z Daryl Shrum Mgr. , Town of W nter Park I ýÿ I I . I. I , . I TOWN OFFRASERI COLORADO DRAFT ORDINANdE- ENVIRONMENTAL CONTROL \\\~~~~ Section 1- Air Qualit I Purpose: The Town Board here y finds and declares air quality to be an important component of the health, safety, and e1fare of the citizens and community of the Town of Fraser and that the Town Board h s a duty to protect and improve air quality in and around the Town, and to preserve he scenic natural resources of the community. It is further declared that the contr~l, prevention, and abatement of air pollution within the Town of Fraser is a matter of si~nificant local interest and concern. To this end, these regulations are intended to achieve the following specific purposes: A. To prot~ct the air quality in the Town of Fraser 8. To reve se the trend towards increasedair degradation in the Town of Fraser C. To prov de heat sources that are efficient and have a reduced air polluting effect Definitions: ~ Buildin}!.: any structur built for the shelter or enclosure of any use or occupancy. Building (Jfficia/: the jillCia' or other designated authority charged with the administration and enfi rcement ofthe Uniform Building Code and the Town's code. Cert!fied non-solidfilel,hurning device: a device which bums a non-solid fuel, such as natural gas, liquefied ptoleum, or similar fuel in an appliance and/or device which has been approved by Unde witer's Laboratory, American Gas Associates, or the Building Official. Certified solid fuel bun ing device: a solid fuel burning device which is certified by the Air Pollution Control D'vision of the Colorado Department of Public Health and Environmen~ to meet tfe emission standards set forth in Section IV of regulation #4 of Volume 1 of the Standa ds of the State Air Quality Control Commission. Dwelling Unit: one or ore rooms in a dwelling designed for occupancy by one family for living purposes and aving not more than one kitchen. IJwellill!!" Si11!!,/e Famil : a detached building dcsigncd exclusively for occupancy by one family. ) Dwelling, Multi Fami~y. a building designed for or occupied by two or more families living independently of ach other. 0000& ~ TI . . . Family: one or more ersons occupying a single dwelling unit and'maintaining a common household, bit not including boarding or rooming houses, lodges, hotels, motels, tourist courts, r similar uses. Idle or Idling: the run ing of the engine of a motorized vehicle of any type whatsoever while the vehicle is no being operated for its intended purpose, on either public or private property withi the Town of Fraser. Slash burning: a met od of clearing forested areas by cutting down and burning vegetation. Solid Fuel Burning De ice: any fireplace, stove, firebox, or other device intended and/or used for the purpose 0 burning wood, coal, pulp, paper, pellets, or other non-liquid or non-gaseous fuel. ** Any word, term, or phase not herein defined or specified shall be defined in accordance with the own of Fraser Zoning Code. ** Solid Fuel Buruiug lie.. A. No pers n, firm, or cooperative shall install, or replace a solid fuel burning device, or gas ppliance within the Town of Fraser without first obtaining a buildiug pennit in ace (ance with the Unifonn Building Code as adopted by the Town of Fraser. B. No pers n, firm, or cooperative shall install or replace a solid fuel burning device unless the solid uel burning device is a certified solid fuel burning device. C. Limitati n on the number of devices: 1. I etached single family dwelling for which a building permit .is issued after effective d te of this ordinance may have no more than one (1) approved solid fuel burning devi e per dwelling. 2. uplex units, or a building with two dwelling units, for which a building permit is issue after effective date of this ordinance may have no more than one (I ) approved sol id fel burning device per dwelling. 3. 0 solid fuel burning device shall be allowed in apartments, condominiums, townho se, hotel/motel rooms, accessory buildings, accessory apartments, restaurants,j bars, commercial and industrial buildings other than one (1 ) approved solid fuel bU~ing device per lobby or other main common area. 4. ny non-approved solid fuel burning device that requires replacement, relocation or significant modification, must be removed and/or replaced with an approved solid uel burning device, or approved non-solid fuel burning device. D. To encourage the conversion of wood burning fireplaces and non-certified solid fuel burning devic s to certified solid fuel burning devices, gas log fireplaces, and gas appliances, a rebate of$JOO.OO shall be paid to any building owner who converts to a certified solid fuel bum ng device, gas log fireplace, or gas appliance. [IDOOffi~ V ýÿ I I , i. . . I Slash Burning - OPjlON 1 ' A. The 0 I er or developer of a suhdivision requiring the clearing of forested areas are strongly enc uraged to mulch, separate for firewood, or use other methods which do not involve urning to remove slash materials from subject property. B. Ifburn ng methods are required to dispose of slash materials, the owner or developer must conta t the Colorado State Forest Service a minimum of ten (10) days before a bum is to oc ur, to request a day-of-burn weather forecast which will be conducted on-site, all wing the Colorado State Forest Service to forecast smoke dispersal at the location of the roposed bum. A fee will be charged for each site visit. Smoke dispersal forecasts mu t meet a minimum standard set by the Colorado Forest Service for a bum to occur on a c osen date. Slash Burning - OPT ON 2 Slash burning is not p rmitted in the Town of Fraser. Engine Idling (Repeal rticle 7-8, Excessive Idling of Motorized Vehicles) A. It shall e unlawful for any person to idle or permit the idling of the motor of any stationary moto vehicle for a prolonged or unreasonable period of time determined herein to be fifteen (15) minutes or more within anyone hour period. S. This se1tion shall not apply when an engine must be operated in tbe idle(i K mode for safety reason,s, including, but not limited to, the operation of cranes and~ lit lifts used in the constrmction industry. Penalties I Every person convicted of a violation of any provision of this chapter shall be punished by a Ii ne not exceedin! three hundred dollars ($300,00) or by imprisonment not exceeding ninety (90) ays, or both such fine and imprisonment. Each and every day a violation of this chapte exists shall be deemed a separate offense. [ill ill ~ ~ ~ ýÿ . ' . . . ARTICLE 7-8 - EXCESSIVE IDLING OF MOTORIZED VEHICLES Section 7-8-1. Definition. ( 1 ) For purpose1s or this Article, "idle" or "idling" shall mean the running of the e gine of a motorized vehicle of any type ~'lhatsoever while the vehicle is not being operated for its intended purpose, on either publ~c or rivate property within the Town of Fraser. Section 1-8-2. Declaration of Nuisance' Offenses. ( 1 ) The idling of any motorized vehicle of any type whatsoever tor any period of time e]tceeding the time allowed by this Article is nereby declared to be a nuisance and injurious to the public health and safety. ( 2 ) It shall be unla~'lful for any person driving or in charge of any motorized vehicle to idle or permit the idling of the vehicle for a period of fiftee (15) minutes or longer at any time of day or night, except as otherwi e provided in Subsection 1-8-2(3). ( 3 ) An operator of construction or other equipment which is not designed primarily for the transportation of people or property upon the public highl:YS. may keep such equipment idling for a period in e]tcess of fifteen (15) minutes, but in no event longer than forty-five -- (45) minutes, if such longer period of idling is necessary to avoid a risk of injury t the operator or other persons that would otherw~se e]cist if the engine were stopped, due to inclement weather or other conditions. Section 1-8-3. Penalties and Enforcement. ( 1 ) Any person admitting liability for, found to be guilty of, or aga~nst whom a default judgment has been entered for a violation of this Article, .shall be subject to a civil penalty of not more than three hundred dollars ($300.00) . Proceedings for the determination of such liability and impos~tion of such civil penalty shall be conducted in the Municipal Court in the same manner as proceedings relating to non-criminal traffic infractions, in accordance with the provisions of Chapter 9, Article. 9-1 of the Fraser 'I'own Code. In no case shall any defendant found guilty of any violation of this Article be punished by imprisonment for such violation. ( 2 ) In addition to other remedies provided by law, the Board of Trustees of the Town of Fraser may take such action as is available for nuisance abatement under the la~ls of this State and the Town, to prevent, enjoin, abate, or remove any such violation or threatened violation of this Article. ~ e..~l ''T \ \..- G,~ O~ ~\ ~~ ~ C ~ 7-17 ýÿ