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HomeMy Public PortalAboutTBP 1996-06-19 . . 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 19, 1996, 7:30 p.m. , , 1. Roll call 2. Approval of 5/15/96 minutes 3. Open Forum 4. Jay Clough Presentation 5. Mike Voxahis, Colorado Department of Transportation Berthoud Pass project 6. 8:00 Grand County Library District Annexation Public Hearing 7. Visitor Center Sprinkler system bid award 8. Staffs Choice 9. Board Member's Choice MEETING SCHEDULE REMINDER June 26th: Growth Coordination Open House, Fraser Town Hall I - 5 p.m.; 7:00 p.m. meeting July 3rd: Town Board regular meeting July 5th: Fraser Street Party July 10th: Planning Commission special meeting July 17th: Town Board regular meeting July 24th: Planning Commission regular meeting ýÿ . . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120 1153 Fraser Avenue Fraser. Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 Manager's Briefing: June 14, 1996 New Things Jeff and I are meeting later today with Rich Nipert and Rick Watrous to discuss possible options for preserving the "Maryvale Meadow," or at a minimum, to ensure that if the meadow is developed, it is done so in an environmentally conscious manner. This may be the first in another long series of discussions and negotiations with Maryvale, LLC -- Jeff will provide an update Wednesday. The long awaited-for library annexation request is scheduled for Wednesday. The annexation process is defined by State Statute so Rod McGowan has prepared a "script" that needs to be followed for the public hearing. The script reads like Board meeting minutes (past tense), so I encourage you to familiarize yourself with the script before the meeting. Rod will be at the meeting to assist with any process questions. On Monday Kathy Ziegler and I will be trying to wrap-up the annexation agreement with the school district. If we are unable to reach agreement on the provisions in the agreement (copy enclosed), we will recommend that the public hearing to consider the annexation be continued, allowing staff the time to finalize this document. Becky Swatzell, Cheri Sanders and I will be at the CML Conference next week: Cheri's going on Wednesday, Becky's going Wednesday and Thursday, and I'll be there Wednesday to Friday. Growth strategies are the focus of many presentations so it will be good for Fraser to hear what's happening in other communities. Old Items The Quail DrivelWapiti Meadow neighborhood meeting was attended by about] 6 people (not bad on an "Avs" TV night) and we had a good discussion. Staff is preparing a survey that will be distributed in the neighborhood regarding traffic concerns and potential solutions. It will be interesting to see where this goes. . . Have a grand weekend! . . l'~~:'~ 'I: " ,\ , ,~: . I MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COL(~RADO The Board of Trustees ofthe 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 8:00 o'clock p.m., on the 19th day of June 1996. 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 Nathaniel Havens Trustee Robin Wirsing Trustee Liz McIntyre Trustee Kit Klancke Absent: Ml~ There were also present: Town Planner, Catherine Skelton and Town Clerk, Virginia Winter. OTHER BUSINESS The next item of business on the agenda was a Petition for Annexation submitted by Ron and Betsy Jones, Graham and Louise Powers, and the East Grand School District No.2, 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 of C.R.S. 31.12-108 and notified the County Commissioners, the County Attorney, school district and special districts as required by law ofthe hearing on this annexation. Attorney McGowan has indicated that the total annexation area was less than 10 acres, which would not require that an annexation impact report be prepared. Mr. McGowan has 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 b.e 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. . . /~n.~' \. \ 'f;, , I " The following Exhibits were presented to the Board for its consideration in the annexation and zoning of the subject property: I Exhibit A - Petition for Annexation . Exhibit B - Annexation Map Exhibit C - Resolution No. 5-1-96 of the Board of Trustees, setting this matter for public hearing Exhibit D - Notice of Public Hearing regarding annexation and zoning of subject property Exhibit E - Publisher's Affidavit of publication ofthe Notice of Public Hearing Exhibit F - Certificate of Mailing of Notice of Public Hearing to property owners within 200 feet of the boundaries of the subject property. Exhibit G - Certificate of Mailing of Notice of Public Hearing to government offices, pursuant to c.R.S. 31 - 12-108. Exhibit H - Annexation Impact Report approval of waiver j Exhibit I - Annexation Agreement 1"'1 " : Ih Trustee moved that the above described Exhibits be admitted as evidence in 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 Nathaniel Havens Trustee Liz McIntyre Trustee Kit Klancke Those voting Nay: Those absent: There being a quorum ofthe 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. The Board then heard evidence in the nature oftestimony from Town staff, the Applicant and the general public. The Board discussed and considered the evidence, including the Exhibits described above. Trustee moved passage a resolution considering a petition for annexation by Ron and Betsy Jones, Graham and Louise Powers, and the East Grand School District #2 on behalf of the Grand County Library District; and the East Grand School District #2. ,1 ~\ ' , . . I " . I , - See attached Exhibit "# t " which is a complete true and correct copy of said Resolution and which by this reference i ~ made part hereof. 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 Nathaniel Havens Trustee Robin Wirsing Trustee Liz McIntyre Trustee Kit Klancke Those voting Nay: None Those absent: J There being a quorum of the Board of Trustees present, and all those present J.'h having voted in favor of said motion, the presiding officer declared said motion carried and the resolution passed. Mayor Johnston thereupon introduced an Ordinance, entitled: AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TERRITORY TO THE TOWN OF FRASER, COLORADO; ZONING SUCH ANNEXED PROPERTY; AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF FRASER. Mayor Johnston stated that said Ordinance had been drafted by the Town Attorney pursuant to authorization previously given by the Board. The title of said Ordinance was read, and the Ordinance is as follows: See attached Exhibit "2", 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 ofthis 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 ofthe rules, the roll was called with the following result: Those voting Aye: Mayor Jeff Johnston Trustee Nathaniel Havens Trustee Robin Wirsing Trustee Liz McIntyre Trustee Kit Klancke . . " , . \ I " I Those voting Nay: None Those absent: j 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 Nathaniel Havens Trustee Robin Wirsing Trustee Liz Mcintyre j,.b Trustee Kit Klancke ,. Those voting Nay: None Those absent: There being a quorum ofthe 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, and 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 Nathaniel Havens Trustee Robin Wirsing Trustee Liz Mcintyre Trustee Kit Klancke Those voting Nay: None Those absent: .11 . . I " I There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion carried and instructed the Town Clerk to accomplish such publication. Mayor Johnston thereupon instructed the Town Clerk to file copies of the annexing Ordinance and map with the proper officials as required by Section 31-12-113, Colorado Revised Statutes, as amended. 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: ~!h Town Clerk (S E A L) ýÿ . . /~\,1"~ I " I " STERN & NEWTON, P.C. A T TOR N E Y S A T LAW RONALD S. STERN ~ (970) 887-2163 RICHARD E. NEWTON P ,0. BOX 50 . GRAN BY . COLORADC 30446 FAX (970) 887-3986 COMPUSERVE 76300.3665 March 7, 1996 Town of Fraser Attention: Board Members POBox Fraser CO 80442 Re: Grand County Library District ~'h Our file 392-723 Dear Town Board Members: On behalf of the applicants, Ron and Betsy Jones, Graham and Louise Powers and the East Grand School District, I would like to request Ulat the property which is subject to Ule annexation Petition accepted pursuant to Resolution No. 3-1-96 be zoned R-4 upon annexation to the Town. It is my understanding that the use of the property as a public library and associated facilities is in conformance with the R-4 zone. Shlcerely, STE~EWTON. P.C. BY: -<.~ ~ RICHARD E. NEWTON Attorney at Law Icc cc: Ron & Betsy Jones Graham & Louise Powers Grand County Library District Rod McGowan . .P',,- . . ~ ,i ~ '. I " j PETITION FOR ANNEXATION TO THE TOWN OF FRASER, COLORADO THE UNDERSIGNED, Ron and Betsy Jones and Graham and Louise Powers, and tile East Grand County School District No.2., ("Landowner"), as defined in C.R.S. ~ 31-12-103(6), hereby Petition the Town of Fraser for anneXation for the following described property and further state: 1. The legal description of the land owned by Landowner which Landowner requests to be annexed to the municipality is attached hereto as Exhibit ")(', hereinafter referred to as the "Property." 2. It is desirable and necessary that the Property be annexed to the Town of Fraser. I 3. The following requirements of c.R.S. ~ 31-12-104 exist or have been met: .kh a. Not less than 1/6th of the perhneter of the Property is contiguous with the Town of Fraser. b. A community of interest exists between the Property and the Town of Fraser. The Property is urban or will be urbanized in tile near future; and the Property is capable of being integrated into the Town of Fraser. 4. None of the limitations provided in C.R.S. ~ 31-12-105 are applicable and the requirements of that statute have been met because of tile following: a. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership; b. The Property is valued at less than $200,000.00 for ad valorem tax purposes; c. No annexation proceedings have been commenced for axmexation of any part of the Property by any other municipality; d. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; e. No platted street or alley is to be axmexed; f. The annexation shall not deny reasonable access to anyone. 5. This annexation shall not have tJle effect of extending a boundary of tile Town' of Fraser more than three miles in any direction from any point of tile municipal boundary in tile past 12 months. 6. The Landowners and signatory parties of this Petition comprise 100% of the Property, exclusive of streets and alleys. ýÿ . . ,', "- i . .. STATE OF COLORADO : : ss: , COUNTY OF GRAND : J ACKNOWLEDGED before me tlrls / day of III ~,e-. ,1996,by Grah \ d Louise Powers. ~y r[jr- ';~\1tj ~~ 1TNn~4li' and and Officialsr '- I ?- ~ ~ M\tlii~si ,Expires: I J- ~ ~)UJ!lFC/JLJ"'V ~~ } I 1m .~\~.. /~~,:" .~,/ . ..C/., .....",;;.' Notary Public '. ~ . '/('.z~r;;.'~':.c..,~:. ~'..... .......... '. STATE OF COLORADO : : ss: COUNTY OF GRAND : ACKNOWLEDGED before me tlrls 4th day of March ,1996, by Kenneth H. Fosha as President 3iiflX 1SC:~ry of tile East ~'h Grand School District No.2. , , ,,i ,/ ~. ./ I . / r'. ...... " .. - (N'o~'u~..A.;::. -____)7"'/:// ./// /' COLORADO / / : i / : s s : // COUNTY OF GRAND : 1\/,) , ( f,..~ Acknowledged before me this I ; ~ /, day of , 1996, by ./ ' Jan Roman as Secretary of the East Grand School District No.2. WITNESS my hand and official seal. My 9~Q~~}~~~on Expires: J.) , / r i 'j /.:.<:;' ~~ ~r,' ''';~:'''~\ I' I., ? (SEAI{.f '-', 1 ~ .1.le ' 'I' ,I I> \,..... f""n"r,..~tl,."l' , ,\ (l ..' I I. I ,-, I/{ 11,1 {.J;. t ~",.'~;l.,..ftft (~'\tc! ~ " ,. '.~ ,\' Notary Public .~--;l \\ '\ " .... ,. q i f c.~\'I:'~~\\ l ; I ! ~ ...,' , r.,. :I::.'l) \'S ~\'~\..\ ,1.0' ! (~, ' " \" .:," '\,. ,lJ:....-~i:( .",'~ ';.' :""" ::;:'"~ ~;~;.:~!/ ýÿ . . ;, I j AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO : : ss: COUNTY OF GRAND : Richard E. Newton, being first duly sworn states as follows: 1. I have circulated the Petition for Annexation to the Town of Fraser set forth herein, and Ron J ones and Betsy J ones and Graham Powers and Louise Powers and the East Grand County School District No.2 are the sole owners of the Property to be annexed exclusive of streets and .,' all ,. 'II, eys. - r., 2. I know the persons whose names are subscribed to the foregoing Petition on behalf of the Landowners. 3. The signature on the foregoing Petition was affixed in my presence and that signature is a true, genuine and correct signature of the person it purports to be. 4. To the best of my knowledge and belief, the person whose name is affixed to the foregoing Petition is authorized to sign such docu nt on alf of Petitioners. SUBSCRIBED AND SWORN to before me on March 5, 1996, by Richard E. Newton. WITNESS my hand and official seal. ",~ My Commission Expires: June 14, 1998 ,] ,,) // 1-1 ;{' ( ~-~~fA'---= -77JC~~ / v" ýÿ . . ,~.~ I: ,I I I,:. I TOWN OF FRASER I RESOLUTION ::;:>._/;,(> ~ i A Resolution setting fl publicheming to consider the request for flI111exation submitted hy Gralmm and Louise Powers, Ron and Betsy .Jones, and the Fast Umnd School District flu- two contiguous parcels totaling approxilllfltely six acres. WIIEREAS, Orahflm and I ,ouise Powers, Ron flnd Betsy Jones, and the East Gmnd School District No.2 intend to donate land to the Umnd County Lihmry District: and WHEREAS, the East Grand School DistIict owns additional and contiguous land (the Aksel Niels!:'n hallfield) that they are requesting be annexed~ and WIIFREAS, the Powers, Jones, and School District have mutually submitted an annexation d." petition to the Town requesting annexation of these parcels to the Town or Fraser: and I !,- WHEREAS, the Town of Fraser's staff has determined that the annexation pclition is in substantial compliance with Colorado Revised Statute J 1- I 2-1 04 and 31- I 2-1 05, regarding annexation petitions and that no election is required with this annexation petition~ NOW, TI IEREFORE, BE IT RESOLVED BY TIlE FRASER BOARD OF TRUSTEES T1IAT TI IE ANNEXATION PETITION SUBMITTED BY GRAI lAM AND LOUISE POWERS, RON AND BETSY .JONES, AND '1'1 IE EAST GRAND SOIOOL I>ISTRICT NO. 2, IS IN SUBSTANTIAL COMPLIANCE WITH CR.S. 31-12-104 AND 31-12-105, AND HEREBY SETS A PUBLIC IIEARINU TO CONSIDER TIlE ANNEXATION PETITION ON WEDNESD^ Y .JUNE 19,1996 AT 8:00 P,M. DULY MOVELJ, SECONDED, AND ADOPTED '1'1 lIS I DA Y OF MA Y, 1996, _u ..~___. T(~Nr))' I'~JR. \ } L -- . -.~- i, ! By: --L..ic.-l-...--- t:-7.LJ_L_LL-<___________ Mayor Alt7i . , ,: I . I.. _)jtfij(tjl!~L___ ._ .. _. <...~, . . \ '. I ANNEXATION AGREEMENT This agreement, made and entered into this _ day of , 1996 by and between East Grand School District #2, and the Grand County Library District, hereinafter referred to collectively as "Annexors," and the Town of Fraser, Colorado, a municipal corporation, organized and existing under the laws of the State of Colorado, hereinafter referred to as "Fraser." WITNESSETH: WHEREAS, a petition has been filed with Fraser, pursuant to Colorado Revised Statutes Section 31- t 2-1 07 for annexation of unincorporated lands described in exhibit "A" (attached) and incorporated into this annexation agreement by reference (hereinafter referred to "the Property"); and WHEREAS, the Annexors comprise 100% of all affected property owners and Ron and Betsy Jones, Graham and Louise Powers, and East Grand School District #2 have or will convey a portion of the Property to the Grand County Library District for the purpose of constructing a new building that will house a new library in the Upper Fraser River Valley making the Grand County Library District and East Grand School District # 2 the real parties of interest with regards to the annexation; and WHEREAS, Fraser has determined that it is in its best interest to annex the Property and to provide applicable municipal services thereto; NOW, THEREFORE, in consideration of the foregoing premises, and the promises and agreements of each of the parties hereto, to be kept and performed by each of them, the parties agree as follows: 1. ZONING The Fraser Town Board finds that the zoning requested, R-4, is compatible with surrounding development and land uses, supports Fraser's Master Plan and Zoning Ordinance, is reasonable and appropriate zoning for the Property and that a Library ("public facility") may be built in an R-4 zone, 2. TOWN ORDINANCES, REGULA nONS, CODES, POLICIES, AND PROCEDURES Except as expressly provided herein, all Town ordinances, regulations. codes, policies, and procedures, shall be applicable to the use and development of the Property. 3. TOWN SERVICES The Town agrees to provide services to the property to the same extent, and upon the same terms and conditions, as those services that are provided throughout the Town. Page I of3 . . " . I 4. ANNEXORS' RESPONSIBILITIES Ann~xors shall provide the Town all deeds and agreements relating to the donation of property to the Grand County Library District within l'~ days of Town Board approval of the annexation petition. 5, GRAND COUNTY LIBRARY DISTRICT RESPONSIBILITY The Grand County Library District shall be responsible for the following: 1. Providing all infrastructure improvements to the property deeded to them by Ron and Betsy Jones, Graham and Louise Powers, and East Grand School District #2, including water, sanitary sewer, parking, roadways, drainage, and any and all other site improvements. 2_ The easement providing access to the Library shall be widened by expanding the easement to the north by moving the existing fence prior to the issuance of a letter of occupancy from the Grand County Building Department 6. EAST GRAND SCHOOL DISTRICT #2 RESPONSIBILITY The East Grand School District #2 shall be responsible for providing infrastructure improvements, to the remaining annexed Property owned by the School District, that are required for future development on their property, 7. RECORDATION OF AGREEMENT This agreement shall be recorded with the Clerk and Recorder of Grand County, Colorado, shall run with the land, and shall be binding upon and shall inure to the benefit to the heirs, successors, and assigns of the parties hereto. 8. ENTIRE AGREEMENT - AMENDMENTS This agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations, or agreements, 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 the Town Board authorization. 9. EFFECTIVE DATE This Agreement shall be effective and binding upon the parties immediately upon the effective date of an 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. 10. COUNTERPARTS This agreement may be executed in one or more exact counterparts, all of which together shall constitute one agreement. Page 2 of3 . .' tJji \ I "4. I TOWN OF FRASER RESOLUTION j A Resolution considering a petition for annexation filed by Ron and Betsy Jones, Graham, and Louise Powers, and the East Grand School District #2 on behal f of the Grand County Library District; and the East Grand School District #2. WHEREAS, 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 107. Subsection 1, ofthe Colorado Revised Statutes, as amended, and with the Municipal Annexation Act of 1965; and WHEREAS, that it is desirable and necessary that the territory set forth in such Petition yj~t be annexed to the Town of Fraser; and WHEREAS, not less than one.sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Fraser; and WHEREAS, a community of interest exists between the territory proposed to be annexed and the Town of Fraser; and WHEREAS, the territory to be annexed is urban or will be urbanized in the near future; and WHEREAS, the territory proposed to be annexed is integrated, or is capable of being integrated with the Town of Fraser; and WHEREAS, the requirements of section 3J-12-104 and 31-12-105, Colorado Revised Statutes, as amended, exist or are met; and WHEREAS, 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 landowners and/or the Grand County Library District and the Fraser Board of Trustees, more further identified as the "annexation agreement;" and WHEREAS, no annexation election is required under Section 31-12-107 (2), Colorado Revised Statutes, as amended, to complete the annexation; ýÿ . , . I '<, I NOW, THEREFORE, BE IT RESOLVED BY THE FRASER BOARD OF TRUSTEES THAT THE ANNEXATION PETITION SUBMITTED BY RON AND BETSY JONES, GRAHAM AND LOUISE POWERS, AND THE EAST GRAND SCHOOL D~STRICT #2 ON BEHALF OF THE GRAND COUNTY LIBRARY DISTRICT; AND THE EAST GRAND SCHOOL DISTRICT #21S IN SUBSTANTIAL COMPLIANCE WITH STATUTORY REQUIREMENTS AND MA Y BE CONSIDERED FOR ANNEXATION BY ORDINANCE. DUL Y MOVED, SECONDED, AND ADOPTED THIS DA Y OF JUNE, 1996. TOWN OF FRASER By: Attest ~1~ . 1'\ . /' 'I '... . I TOWN OF FRASER J ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TERRITORY TO THE TOWN OF FRASER, COLORADO; ZONING SUCH ANNEXED PROPERTY; AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF FRASER. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: Section 1. Annexation. Subsection A. That the owners of one hundred percent (100%) of the hereinafter described property, exclusive of streets and alleys have filed with the Board of Trustees of the Town of Fraser, Colorado, a Petition for Annexation of said property to ~it1\; the Town of Fraser, Colorado. Subsection B. That the property to be annexed is described as follows, to wit: A tract of land being a portion of the NW1/4NE1/4 of Section 19, 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 the Center-North 1/16th Corner of said Section 19, being a found aluminum capped rebar stamped PLS 25971, WHENCE the North 1/4 Corner of said Section 19 bears North 00 degrees 14,minutes 55 seconds West a distance of 1322.60 feet, being a found iron pipe and upgraded to an aluminum capped rebar stamped PLS 11415; THENCE North 00 degrees 17 minutes 10 seconds West for a distance of 297.55 feet along the North-South centerline of said Section 19, as monumented, to a point being a found boat spike and upgraded to an aluminum capped rebar stamped PLS 11415; THENCE North 00 degrees 14 minutes 15 seconds West for a distance of 226.11 feet along said North-South centerline, as monumented, to a point of intersection with the South bank of St. Louis Creek, being the Northwest corner of this parcel; THENCE North 60 degrees 00 minutes 08 seconds East for a distance of 8.85 feet along said South bank of said St. Louis Creek; THENCE North 82 degrees 29 minutes 17 seconds East for a distance of 42.86 feet along said South bank of said St. Louis Creek; . . ),11':t , i " I THENCE South 83 degrees 15 minutes 18 seconds East for a distance of 37.45 feet along said Sou~h bank of said St. Louis Creek; THENCE South 63 degrees 16 minutes 50 seconds East for a distance of 21.71 feet along said South bank of said St. Louis Creek; THENCE South 71 degrees 06 minutes 21 seconds East for a distance of 57.44 feet along said South bank of said St. Louis Creek; THENCE North 58 degrees 04 minutes 00 seconds East for a distance of 125.56 feet along said southerly bank per Book 232 Page 329; THENCE North 16 degrees 08 minutes 00 seconds East for a distance of 77.73 feet along said southerly bank per Book 232 Page 329; THENCE North 56 degrees 58 minutes 00 seconds East for a distance of 293.04 feet along said southerly bank per Book 232 Page 329; THENCE North 89 degrees 11 minutes 00 seconds East for jA,~ a distance of 188.98 feet along said southerly bank per Book ' I, ,,', 232 Page 329; THENCE South 84 degrees 28 minutes 00 seconds East for a distance of 81.98 feet along said southerly bank to the westerly right-of-way of what is now the Southern Pacific Railroad, per Book 232 Page 328; THENCE South 18 degrees 06 minutes 38 seconds East for a distance of 305.81 feet along said westerly right-of-way per Book 232 Page 328, to a point being on the northerly right-of-way of Park Avenue, Town of Fraser; THENCE North 90 degrees 00 minutes 00 seconds West for a distance of 327.59 feet along said northerly right-of-way per Book 232 Page 328; THENCE South 00 degrees 02 minutes 00 seconds East for a distance of 215.00 feet per Book 232 Page 328 to a point being the Northeast corner of Byers Vista Subdivision; THENCE North 88 degrees 43 minutes 35 seconds West for a distance of 150.32 feet along the northerly line of Byers Vista Subdivision; THENCE North 89 degrees 32 minutes 10 seconds West for a distance of 315.13 feet along the northerly line to the Northwest corner of Byers Vista Subdivision; THENCE South 00 degrees 21 minutes 10 seconds West for a distance of 296.55 feet along the west line of said Byers Vista Subdivision; THENCE South 89 degrees 52 minutes 25 seconds West for a distance of 103.41 feet to the POINT OF BEGINNING. Said property is hereinafter referred to as the "Annexed Property". - 2 - . . t I . 11.' I Subsection C. That the said Annexed Property is eligible for annexation as provided in "The Municipal Annflxation Act of 1965". Subsection D. That the hereinabove described Annexed Property be and the same is hereby annexed to the Town of Fraser, Colorado, and the corporate limits of said Town are hereby extended to encompass said Annexed Property. Section 2. Zoning. WHEREAS, the Annexed Property described above is by this Ordinance 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 Annexed Property; AND WHEREAS, the owners of said Annexed Property have '1 submitted an application to zone said property "R-4 - Low Density "!,1 Multi-Family Residence" as provided in Article 13-2 of 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 that the Planned Development Plan be amended to include said property hereby annexed to the Town; 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 Annexed 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, Subsection A. Pursuant to Sections 13-11-1 and 13-11-2 of the Code of the Town of Fraser, Colorado, the official zoning map of the Town of Fraser is hereby amended by zoning the hereinabove described Annexed Property "R-4 - Low Density Multi-Family Residence". - 3 - . " . ,.,::~ j . , .' ''1 . I , READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES THIS day of j , 1996. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: - TOWN OF FRASER, COLORADO Votes abstained: - - BY: Jeff Johnston, Mayor ATTEST: (SEAL) Virginia Winter, Town Clerk Published in the Winter Park Manifest on , 1996. ~t - 4 - C:\WP\FRASER\ANNEX\LIB-ORD.WPD . . ,'," r - I I I J TOWN HOARD JUNE 5. 1996 The regular meeting was c,al1ed to order at 7:30 p.m, Present were Mayor Johnston, Havens, Wit~illg, S'watzcll, Klnncke :md Sandcm. Staff present were Skelton, Reid nnd Winter. 1\rlinutes of the previom: mecling were :lpproved as written. W(l~LL HEAD PROTECTION PROGRAM Kathlct.~tl ReiUy fhltlt the Depf. or I lealth explained f(lt. the Board and 3 large nUluhcr of citizens \vltal tilt: Well I lead protection program ,vas and hmv to adopt a pmgram. Slepsto lake are. as fo1Jo'vvs: t,h ~pecif~J roles of variom; (lgendcs and entities ' l)fdille:lle wellhead proledioJl mea Idcntil~,' sources of' c.ontaminants Develop management to protect waf<.,r !'\upply I )evelop contingency plans Site new well properly Ensure public participation Reilly m:.ule it dear that the plan is voluntary not regulatof~' Numeroufol questions were m:;ked tcemdim! the platt. ~)lJggcstcd an,as l(lf delineation and vmious agmcies thai UUl help wilh tlte technical information was discussed. Ilavens moved to pursue a program,::!nd Swatzcll, cartied. ,rH^~~;tr,H H'Vfl:l{ TltAtL '''IIAS'I; II f mBS Reid rc\.;ewcd that hids f(lr the c.onstrnc,tlon of Pha~e It Fra~er Hivcr Trilil were ('pened and al'C as Ibl1O\vs: National COllstmction Co. Inc. $] 93, 152.00 Aquatic & Wetlands Const. (:0. $206Jl1 0.02 Reid reviewed that the TO\vn had hudgeted $130.000, Reid recommended taking the hudgd h)r South Wariti Dr. in Ihe amnnnl of$I().500 and Vi~ifor Center gr:mtcon~llllal\t in lhe amount 01 $2().700 and directing thE:se Iimds 10 Iltt., Tlail if Ihe Town w..llIts 10 go 101\\<:11\.1 \vitlt Ihe project, Board expressed concern for going over hudget on this pn~icct. AileI' lengthy discussion Wit sing tnllde a molion to move budget figured mid :tlso to see if additional reWfllH~S <:0111d he pursued ror Ihis pn~jecl, motion 7nd fhvalzdl. I.;arricd. Havens made ~I motion to :\\\o:1nl the conlrad 10 Ihe low bidder Nalional Const. in the amount of ii93, i 52,moiion 2nd Kianckc, canied. AIR Q1TALTTY DRAFT OJ~ntNAN(<F: ýÿ . . ,'i) . ' I " I '., I , I Skelton presented a dran Onlinancc f(ll' rnicw f'chling to fireplaces :md slash lll!1l1ing. After digcllRsiotl II"vens made a motion 10 prepare ,1TJ ( )ntin,mrc as presented with the slnsh burning sectiol1lo be option Ill, with ~farrs modifications h<l~ed on lhe Bo<tnrs discussion. motion 2nd hy Win~ing, carried. SlGN VAIUANCE ,\ t'('(lue~t r.'om [01T Quinn In m~e :m exi!;fing. '1ign po!':', fhnt i~ now in "iolntion of the sign ( >rdinancc, and is scheduled for removal. to :t<l\'(:rti~e the i::t"~ of ViJbge at Winfer Pat k H anch l'rnp~.'rl~! W:lC;: re,,'kWPlt ,'nt" kUi!'h\' ('hcU'~~~hl11, ll:I\"1l'l "I!l\'!~d If' lkny ()l.Iinllll!!( of the sign posts (It)(l .Isk that tht old ~igtl he removed as rl;xtuin:d h.v (Jrdinance, 'lnd K1:mckc. cat ried. MANAGER REPORT J1\ Reid rrp0l1ed that it 1l,"peanJ lltallhe building at the Fwser Mustang site win need to come down. Wah:h Fm,;ronnwnflll Ftlgitlcer1: Tepm t~ that there I': t'otlt<ltnlnakd 80th Hnder fhe building thcrdinc thc building must come down to facilit;tlc cleanup. A monitoring well located benne well No.4 shows contaminCltc~. Dave Bt;dge has he en hired for the street department. Jill Kinney is the summer gardener and landfolcape commIt ant for husinesses that need help on landscaping questions. The Town has a summer youth cmploycl~. The I,and C'onsen1ancy commillee is asking for a dotwtion of $200.00 to help pay the costs of fhe .ltttll~ .nth meeting, Swatzell moved to allow lhe $200. 2nd Havens. can1ed. Reid will be attending the CI\IJ ' conference limn the J Rlh to the 22nd. The April \vater siUnple was nol n.:l_:l'hed h~' IIw HCJltli Pqit. lherehy making the I'own out of complimwc. "ie wilt he noting th:lt t:lct regarding tht~ AptU sample in the newslcller (lnd welt as 'he local newspaper. BClthoud pmm \"iJ1 again he dl)~cd tit !light fin rel'air~ Ihi!; f1!Hllfllcr. .hme 26th i!: fhe next growth coordination meeting. No furtlll~r business, meeting adjourned at 1 O:'~5 p.m. ýÿ I I . . / ~ .......... TOWN OF FRASER I "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 JOhnst~hers of the Town Board From: Chuck Reid Date: June 14, 1996 Subject: Orand County Library District request for annexation (The following is a copy of a memo that was originally sent on April 26, 1996.) On March 7, 1996, Fraser received an annexation petition for land totaling 6.77 acres from Ron and Betsy Jones, Oraham and Louise Powers, and the East Orand School District. As understood, the Jones' and Powers' intend to donate the tract ofland for which they are requesting annexation to the Orand County Library District and the East Orand School District intends to donate a portion of the land for which they are requesting annexation to the Library District as well. If approved, the annexation will result in two new land parcels, one on which the new Library is anticipated to be built and the remaining School District parcel. The annexation petition was followed by a request to zone the parcels "R-4," the same zoning classification as adjacent properties. On March 20, 1996, the Fraser Town Board adopted Resolution 3-2-96, setting the public hearing to hear the request for annexation on May I, 1996 at 8:00 p. m. The issues to be determined at the hearing are whether or not the area proposed to be annexed meets the applicable requirements of C.R.S. 3 t -12-1 04 and 105 and is eligible for annexation; whether an election is required; the property's zoning; and whether "additional terms and conditions" are to be imposed. The annexation petition Town staff has determined the following: . The request meets the spirit, intent, and form of CRS 31- 12- 1 04 and 105, & specifically: L a minimum of 1/6 of the parcels requesting annexation are contiguous with Fraser's current Town boundaries 2. of the properties' owners have requested annexation, and 3. a "community of interest" exist between Fraser's current town boundaries and the parcels requesting annexation. . No election is required as the petition for annexation has been signed by 100% of all applicable property owners. . All other applicable section of the Colorado Revised Statutes regarding a request for annexation have been met. . The Town has waived all applicable fees relating to annexation requests. ýÿ . . I , ',. Page Two Grand County Library District request for annexation A The Zoning Request Town staff has determined that the request for R-4 zoning meets the spirit and intent of Fraser's Master Plan, Municipal Code, and is compatible with adjacent property zones. Other Issues Ifthe Board chooses to place additional terms and conditions upon the annexation, an election to annex the property must be held. As such, we areattemptihg to "iron-out" some details regarding the annexation prior to adopting the annexation Ordinance. These details constitute an annexation agreement which would accompany the annexation ordinance. The details in the annexation agreement are all items that have been discussed between the Town and Library District Staff proposes that the annexation agreement include the following: . a statement the Town is under no obligation to provide infrastructure for the development of this parcel; (.1") . the Library District will increase the width of the private drive easement prior to obtaining a building permit; . statements from Ron and Betsy Jones, Graham and Louise Powers, and the East Orand School District relating to their intention to donate the appropriate parcels or copies of the quick claim or warranty deeds that have transferred the property to the Library District; and . copies of any agreements related to the donation of the property between Ron and Betsy Jones, Graham and Louise Powers, the East Orand School District and the Grand County Library District. Attached to this memo are several documents, the annexation petition and zoning request, a draft of the annexation ordinance (the final copy will be handed-out Wednesday night), a draft of the proposed annexation agreement, and a script to follow for the annexation proceedings (in the form of minutes). If you choose to annex the property, and due to the lateness of addressing an annexation agreement, we may want to postpone the adoption of the Ordinance until the agreement is signed by all parties. 6/14/96: with the exception of the annexation ordinance, all documents are in their final form. ýÿ .- Grand County .~' rr (-, ,." ,-,,,~,;. for the County Growth Coordination Plan Community Workshop #2 Fraser/Winter Park Comnlunity Meetings Grand County and the towns of Fraser, Granby, Grand Lake, Winter Park, Kremmling, and Hot Sulphur Springs held a county-wide community workshop on April 3, 1996 to discuss the planning process for the County Growth Coordination Plan; a plan that will guide town and county-wide decisions on planning, land use, new development and resource management for the next decade. Approximately 150 people came from throughout the county to provide input on the top growth issues and the project agenda. An additional 2,161 people have provided input through a growth questionnaire mailed to Grand County mailbox holders on April 10. Come help determine the character & location offuture growth! On June 26, 1996 the project team will hold a community meeting to focus on growth strategies for Fraser, Winter Park, and the surrounding area. Public input is needed to help summarize growth issues and translate community goals into a series of responsive and proactive future growth scenarios for the Fraser Valley. Public input has been strong and continues to provide the opportunity for you to play an important part in planning the future of your community. . f~r Open House 'lI~ I Please drop in any time during the open house to provide input and to see the progress of growth alternatives, Wednesday. June 26. 1996 1 -5 pm in the gymnasium Town Hall, 153 Fraser Ave., Fraser Public Meeting Wednesday. June 26. 1996 7-9 pm " in the gymnasium Town Hall, Fraser The Public Meeting will include: . Results of the Grand County Growth Questionnaire, . A photo-charact:.,r presentation by the Grand County National Honor Society, and . A discussion of the focus area goals and growth scenarios. / If you have any questions, please contact .1 Lurline Underbrink Curran, County Planning Director (970)725-3347. '~~ .' ", \.1.) .1) I" I ", "I t . . 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 MEMORANDUM To: Mayor Johnston and Town Board Members From: Chuck Reid Date: June 14, 1996 Subject: Bids for the Fraser Visitor Center As part of our on-going efforts to improve operations at the Fraser Visitor Center and in a general effort to improve efficiencies, a sprinkler system at the Visitors Center has been proposed and bids have been solicited. Staff recommends that the low bid, from "Lovely Lawn" and in the amount of $3500, be accepted. Over the past few years, the Town has committed substantial resources to beautifYing the Fraser Visitor Center, The landscaping that is part of this effort now contains a fun combination of mature and newly planted vegetation, all of which requires a high level of maintenance. Last year Carman Ross, the Town's primary ~'gardener," estimates that she spent approximately 15 hours a week at the Visitors' Center, about half of which was related to watering the plantlife. Even so, the Visitors' Center suffered from variances in watering amounts. In addition, a sprinkler system will allow us to minimize our presence during the height ofthe summer tourist season, thereby making a visitor's visit to the center more enjoyable Due to the on-going staff costs associated with watering, the result oftoo much or too little water at the site, and the impact on visitors of day-long watering, staff recommends this system. Visitor Center capital funds are available for this project as the two additional pedestals for Jim Hoy statues will not be needed this year. Jim Tucker will be present Wednesday night to answer questions about this project, or other questions you may have about the Public Works summer work plan. Bids Lovely Lawns $3500 Resort Services $4895 Morgan Mere. Landscaping $9750 A site visit was held on May 24 that was mandatory for all bidders and explained the parameters of the project. AU bids needed to include rainbird components, plan for future expansion at the Visitors' Center, keep water off the statues and weather station, and carry a warrantee for parts and labor. - - T ~. ~ ~ " PROJECn.doc PROJECT STATUS REPORT DATE REQUEST BYWBOM ASSIGNED STATUS 1/17/96 Clean graffiti on underpass Powers JT 3/6 Wellhead protection study MK CR Long tenn project . 3/20 ConAm issues BS CRlJT Completed 3/20 Muse Drive construction options CJ CR/VW 4/4 - Fraser Valley Parkway Plans LM CR In progress 4/10 HomeRweCwmer.pros&cons NH CR 4/10 Water line deed of trust BS VW/CR 4/10 Water education RW CR 4/17 Traffic Study CS CR 4/17 CR 8 Cemetery BS CRICES In progress 4/17 Clean-up options Board CR/CES . 5/1 Open Space Acquisition fund options LM CR In progress 5/1 Town Meetings Board Staff Completed 5/1 Regulatory Land-use consultant BS CR/CES 5/1 Ptarmigan Hill dead tree notification KK CES RW -Robin WirsingIMK-Marianne Klancke/CJ-C.B. JensenlAO-Art OlsonlBS-BeckySwatzell/NH-Nat HavenslJJ-Jeff Johnston! LM-Liz McIntyre/CS-Cheri SanderslKK-Kit Klancke: CR-Chuck ReidlCES-Catherine SkeltonN\V- Vicky Winter/JT -Jim Tucker .^' . * . . . 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 Johnston and Town Board Members From: Chuck Reid Date: June 14, 1996 Subject: ConAm Discussion and Issues Last week I had the opprtunity to meet with John Bartlett, the property manager at the Fraser Valley Center, and his boss, Ralph Tilley. The conversation was intended to focus around ConAm's failure to landscape their property and their plans to remedy this situation, but we talked more about Valley economics. ConAm asserts that economics has limited their ability to complete the landscaping so instead of a full blown landscaping plan, we have a commitment from ConAm to landscape in phases and to find a local broker to work the property -- a "compromise" that should benefit Fraser directly. Jim Tucker and crew recently finished laying "cold patch" in the southern entrance to the Fraser Valley Center (among other locations throughout town) and will continue to monitor this section of roadway. Last year, the Board indicated a willingness to "target" some resources for improvements around the Fraser Valley Center. Is this something that should be considered as staff begins to consider the 1997 budget? Please let us know. . . . . I :.. .. , GRAND COUNTY LAND CONSERVANCY ~ (970) 726-1177 . P.O. Box 458 . Tabernash. Colorado 80478 June 7, 1996 Chuck Reid Town Trustees Town of Fraser Jj'l Box 120 Fraser, Co. 80442 " Dear Chuck and Town Trustees, On behalf of the Board of Directors of the Land Conservancy, I thank you for joining us in the presentation of the seminar on Juhe 27. Your support is greatly appreciated. ~nc rely. t: ' , Mela ie Zw'c President, ard of Directors ýÿ i ---'-_0 "-- - - --- Gran~ollnty Land Cotlt;!'vancy l ! ~ ;1 Invites You To f ~ LearI} to Mal{e a Difference i ! Consel.vation Easelllent and Estate Planning and . Colol.ado Open Lands '-rllursday, JUlle 27, 7:00 Ilm " Silver Creel{ Convention CeIlter - This free selllinar will be invaluable for concerned citizens, landowners, and real estate developers. .--- Attorneys Joseph Cachey III and Bill Silverstein, with Isaacson, Rosenbaulll, Woods, and Levy, P.C. will be addressing what a conservation easelnent entails, how to qualify for charitable incolne tax deductions, and associated estate tax benefits. This finn serves as general council to the Colorado Coalition of Land Trusts, and works with land owners and land trusts. lvkr 0-- ___ .____ '_0.. ___". ..____.____._._. ____.. __ _ .. _ _. .'______ - .--. .._-. ..---._'--_._--_._-_._----------------~--_.._---_._----.,.-. +. TIlere will be plenty of tinle for questions and answers. Laurie Chahbandour froln Colorado Open Lands will discuss COL's role in land conservation and specifically how our c0l1l111unity call work with the COL towards preserving the 1l1eadows in the upper Fraser Valley. ....-..- . -_.. .-.. -+ .4__., ,._ '.+_'._ . - .. .,.-._._ "_.. __H_ .. ...._.. __ __'._.m___.____.._._~ ~___ ..___._ ._... Citizens, Public Officials, and Planners are urged to attend .AII Are Welcollle! t This instructional format is for all who would like to believe that as a cOllnnunity, we can 1l1ake a difference Co- Sponsored By: Town of Fraser and Colorado Coalition of Land Trusts . "