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HomeMy Public PortalAboutTBP 1997-07-16 e e TOWN OF FRASER "Icebox of c:be Nation" P.O. Box 120/153 Fraser Avenue Fraser. Colorado 80442 (970) 72a-5491 FAX Line: (970) 726-5518 TOWN BOARD AGENDA: REGULAR ME:ETING JULY 16, 19?7, 7:30 p.m~. J: Roll call ' 2, Approval of6/18/97 minutes ~. Open Forqm 4. 8:00 p.m. Public Hearing: Adoption of various amendments to the Uniform Building, Mechanical, and Abatetnent of Dangerous Buildings Codes. 5. Action Items (20 minutes) "* a) Ordinance # l.J~ , an Ordinance adopting the 1997 Uniform Building Code, as~ amended; the 1997 Uniform Mechapical Code, as amended; and the 1997: Abatement of Dangerous Buildings Code, as amended. ...,b) Subdivision Exemption Plat: St. Bernard's Catholic Church c) Motions ~o approve various actions via-a-vis the "Clinton" water agreeme~t. 6. Staff Choice (30 minute~) a) Subdivision Regulations b) Cemetery Tour c) Other > i d) CML Video 7. Board Member's Choice (untimed) a) CML Conference happenings b) other , Upcoming Meetings July 23rd: Regular Planning Commission meeting August 6th: Town Board regular me~ting August 20th: Town Board regular meeting 0 - TOWN OF FRAS R "Icebox of the Natioo" P.O. Box 120/153 Fra er Avenue Fraser, Cola ado 80442 (970 726-5491 FAX Line: (970 726-5518 This packet contains tw tickets to each day of the American Music Festival and the Jazz Fe tival. A big THANK YOU goes out to the prom()ters who again thi year, provided us wit" free tickets! , MaJlager's Briefing: Jl,lly 11, 19 7 Public Hearing and Action Items We need to continue the public he ring on the proposed amendments to the Uniform Building, Mechanical, and Abatement ofDa gerous Buildings Codes. Then, if you so desire, we ~hould adopt said ilmendments by Ordina. ceo St. Bernard's Church andM~al have reached an agreement on the five acre church parcel: yoq will be asked to approve the s bdivision exemption for this transaction to occur. Then, there ~re a couple of decisio s you need to make relative to the Town's "Clinton" water agreement. Enclosed is a memo fr m McLaughlin Water Engineers relative to the same. I'll try a~d explain the entire deal on Wed esday. Staff Choice Catherine and I would like to get s me general direction on the Subdivision Regulations prior to crafting a first draft of certain secti ns. See Catherine's memo for some details. I'd like to talk ilbout affordable housing issues a it more at this time. The Cemetery Association would I ke to tour P A 28 with us on Saturday, July 26th at noon. If a majority of the Board could be pre ent that would be great -- if not, then I think we need to formally create a committee of the Board whose responsibility it will be to negotiate with the C.A. (if, in fact you want to negoti te). . After going through the acceptable land uses for PA 28 with the C.A. and Maryvale, I thin we need to insure that whatever is discussed and decided during this tour is relatively final a d I believe that we need a written commitment from the Cemetery Association that if all of heir Board is not present, then those members who are present have the authority to negot ate. finally, CML produced a video tha was shown at the conference. fraser was featured in the vid~ and we'll show the video. See you Wednesday! ýÿ \ = 8 f FRASER TOWN BOARD JUNE 18, 1997 ROLL CALL The regular meeting of the Town Board was called to order at 7:05 P.M. Board present were Mayor Johnston, Havens, Swatzell, and Sanders. Also present were Reid and Skelton. McIntyre arrived at 7: 15. MINUTES FROM PREVIOUS MEETING There was a discussion concerning the minutes of the 6/4/97 meeting. Swatzell made a motion to amend the minutes from 6/4/97 by adding that, "Affordable/employee housing was discussed at length in conjunction with the Maryvale PDD." 2nd Havens, carried. With the above referenced amendment, Havens made a motion to approve the 6/4/97 minutes. 2nd Sanders, carried. PUBLIC HEARING REQUEST TO WAIVE CERTAIN WATER QUALITY TESTING REQUIREMENTS Swatzell made a motion to go into the public hea.ring. 2nd Havens, carried. Reid gave the Board background information regarding the public hearing topic, which was to consider the waiver for certain organic testing. The State requires that the Town conduct this water testing 6 times between 1993 and 2000. So far the Town has conducted the testing once, and the State found no contaminants. Reid estimated that the waiver from the State testing would save the Town $6000.00 between now and 2000. Reid also stated that the Town routinely conducts water testing on a monthly basis. There were some concerns from the Board and the public about anticipated growth and development in the Fraser area, and the ramifications to water quality. Havens made a motion to close the public hearing. 2nd Swatzell~ carried. Havens made a motion to proceed with the application to the State for this waiver and to continue to do organic testing every 12-18 months or more frequently if deemed necessary by Jim Tucker, the Town Water Director. 2nd Swatzell, carried. OPEN FORUM (a) Marc McPherson was in attendance representing the Fraser Valley Baptist Church. The Board had a discussion on the sign and steeple lighting. Skelton stated that the sign code does not specify regulations for a church sign. The Baptists have shrunk their sign down to a 3' x 3.5' or 10.5 S.F. sign. Staff has conducted research on church signs in other municipalities ~nd recommends approval of this 10.5 S.F. sign. The Board and the public further discussed illumination of the sign and steeple. The Board decided that the steeple and sign can only be illuminated when a function is going on. After the new church has been in existence for a 6 month period, the Board agreed to revisit these issues. (b) Greg and Tina Blair and Attorney Georgia Noriyuki were in attendance representing Sharky's Eatery. The topics for discussion were parking lease renewal and off-premise sandwich board. The Board decided that they would renew the parking lease with Sharky's and staff would deal with the lease renewal. The Board win not allow Sharky's to display the sandwich on the Mustang site. The sandwich board must be on their property in front of the restaurant. Attorney Noriyuki stated that Sharky's is interested in purchasing the Mustang site. Due to the remediation currently on-going at the Mustang site, this is not an option at this point in time. There was no resolution about the vehicle parked in US40 right-of-way. Tim Kinney showed up later in the evening and told the Board his feelings about off-premise signs. He thinks it would be a mistake to allow such types of signs in Fraser. We will turn into East Colfax. The Board listened to his concerns and comments. , ~ e .. PUBLIC HEARING ADOPTION OF THE 1997 UNIFORM BUILDING CODE, AS AMENDED, THE 1997 UNIFORM MECHANICAL CODE, AS AMENDED, AND THE 1997 ABATEMENT OF DANGEROUS BUILDINGS CODE, AS AMENDED. Swatzell made a motion to open the public hearing. 2nd McIntyre, carried. The County Commissioners continued their public hearing due to concerns regarding log grading, and the Town did so as well. McIntyre made a motion to continue the public hearing until July 16th, 1997 at 8:00 P.M.; 2nd Havens, carried. Havens made a motion to close the public hearing; 2nd Swatzell, carried. ACTION ITEMS FINAL DEVELOPMENT PLAN PLAT TWIN SPIRITS TOWNHOUSE #t Skelton gave some background information on the plat. The Planning Commission had given approval of the plat contingent upon necessary technical survey corrections, submission of the Articles of Incorporation, and a quit claim deed for the common ground. Rod McGowan has reviewed all information. Swatzell made a motion to approve the plat. 2nd Havens, carried. Staff to record all information in Hot Sulphur. RESOLUTION 6-1-97 A resolution approving a lease/purchase agreement between the Town and Maryvale LLC for Planning Area #28. Reid gave some background information. Havens made a motion to approve Resolution #6- I -97. 2nd Swatzell, carried. (Five in favor, zero opposed.) The Board and Ross Libenson, attorney for the Cemetery Association discussed a future site visit to Planning Area #28. July 26th and August 8th were tentative dates set. Staff to set final date with Libenson. ENGINEERING CONTRACT FOR EISENHOWER/DOC SUSIEIBVERS INTERCHANGE The Board decided to delay this study until 1998. DISCUSSION ITEMS The Board discussed the South Wapiti Drive construction and proposed amendments to the subdivision regulations. STAFF CHOICE Reid asked the Board to approve a cost sharing venture with Alpine Physical Therapy, Wally Alves, Chuck Clayton and the Bergkamps to underground an existing overhead power line. The cost for the Town would be $3000.00. The Board approved this expenditure. Reid asked to go to the ICMA conference this fall in Vancouver, Canada. Board approved this expenditure. Reid briefly mentioned the sewer consolidation effort. BOARD CHOICE Johnston stated that some building projects in Ptarmigan have been closed down due to faulty construction techniques. (Staffresearched this issue after the meeting, and in fact, this is not true.) Swatzell stated how good the Town looks. Sanders mentioned traffic concerns on US40. How can we slow it down? Repaint the pedestrian crossing, position orange barrels in the highway, and lights were discussed. No resolution. Staffwill try to address these issues. Sanders asked if the river trail needed to be swept? Staff will talk to Jim Tucker. ADJOURN Swatzell made a motion to adjourn. All Carried. e e 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: MA YORJOHNSTON AND m:ARD MEMBERS FROM: CATHERINE E. SKELTON \ . DATE: JULY 11, 1997 RE: SUBDIVISION DESIGN sr ARDS Currently, I am working on the design standard section of the subdivision regulations. I do not have the entire section ready for your review and comment at this time. l-Iowever, I would like to get some feedback and direction from the Board on pathways. Background information: In January of 1995, the aoard enacted the "Town of Fraser Mastet PathWay Plah" as an amendment to the Comprehensive Community Plan. This plan provides for the classification, location, and establishment of bicycle arid pedestrian pathways within the Town of Praser and the surrounding area within its subdivision and planning control. The Board and Planning Commission detenrtined that the adoption of this plan would further the health, safety, and welfare of the citizens of the Town. Simultaneous with the adoption of the Master Pathway Plan, the Town enacted amendments to the subdivision regulations which govern specifications and classifications for public ways, streets, bike pathways, walkways, alleys, and easements. Staff concurs with the overall objective of the Master Pathway Plan. However, the current specifications are difficult to decipher and require sidewalks and bike paths on both sides on any new street, in accordance with the Master Pathway Plan. "If no such Master Pathway Plan requirements exist, the subdivider shall include bicycle and pedestrian pathways in development plans along logical routes recommended by the Planning Conunission." Staff would like to simplify these regulations and will come with a proposal on Wednesday night. We look forward to your comments and concerns. ,. ~. ýÿ P!OF OF PUBLICATIO~ ~~lj) ~ArJ w'trite Manifest .--------------.. .---.- PUBLISHER'S AFFIDAVIT WINTER PARK. COLORADO STATE OF COLORADO COUNTY OF GRAND -~ --- I, Palrick Browcr. dosolcmnly swear thai I am lhe pub- - --~ -~.-------------- Legal No. 43XW lishcr of thc Winter Park Manifest, that the sallle is a NOTICE OF PUBLIC HEARING weckly ncwspapcr printco in wholc or in part, and pub- lished in thc County of GnUlo. Statc of Color;ldo. anti has Pubhc Notice IS /1t'reby glven that a public heanng Wlll be held before the Board a gcncral circulationthcrcin; that saitlncwspapcr 1ms becn of Tmstees of the Town ofFraser, Colorado. on June 18, 1997 at 8:00 p.m, m the Board Room of the Frll5er To....n Hall, 153 Fraser Ave, Fraser Colorado, forthe purposes uf publishctl continuously anti unintcrruptctlly in saitl considering a proposed Ordmance which among other tbings would provide fO[ !l:gulating Cuunty ()f Gr:md for a perioo of morc lh;ui fifly-two con- the erection, construction. enlargemenl alteration, repair, moving. removal, demolHion. , cOnve1'5ion, OC(:upancy. eqwpment. use, heIght. area and maintenance of all buildings and scculive wecks nClll prior 10 thc first publicalion of thc structures in the Town ofFtastr, pro,idmg for the ISSuance of petmlls and collection of . lU\IICllCO Icgal no lice or advcrtiscmcnt. lhat saitl newspa- _ fees therefore; repeal1ng all other ordinances and parts of ordmances in tonflict thereWIth; and 8dopling by reference 1heteto,~ the Uniform Building Code, 1997 Ediliol1, pcr has bccn atlmillcd to the Unilctl St.ltes mail as sccontl as amended; the Uniform Mechanical Code, 1997 EdIbOn. as amended; and the ela...s mail mallcr wldcr the provisions of the .let of Murch Abatement of OanJlCIOIIS Buildmg. Code. 1997 Edltion, ....ith amendments, and adoptin~ 3. I H79. or IU1Y amcntlmcnL~ thcreof. anti that saitl ncws- penalties for violation thereof. p'.I'cr is 11 weekly ncwspapcr duly (Iu1llificd for publishing The purpose of \he Ordinance and the codes and amendments the!l:to proposed to be adopted by reference therein is to provide comprehensive building: regulations Wlthm the Icgal notices and advertiscmenls wilhin themcaning of Town of Fraser generally consistent WIth bwlding regulations in Colorado and throughout thc laws of thc StillC of Colmado. tbe Umled Slntes Copies of th. Codes and amendments proposed to be adoptcd together Thai thc 1II11lcl\cd Icgal noticc uf aovcrtiscmcnt was with the proposed ordinance are on file and are available for public inspection in the office of the TO\>.1I Clerk, 153 Fraser A,'e.. Fraser Colorado. published in a rcgular and cnlirc issuc of cvery nWlIbcr uf DATED at theTown of Fraser Colorado t1us 28th day of May. J 997. said wcckly newspaper for thc pcriod \If 1wb By Order of the Board of Tmstees consccutivC inscrlions; lhal lhc firsl publicalion of said VlTginia Winter, Town Clerk ncwspapcr oatcd'-y ~ Ne q1- J.Nfl O;)SI Cl \ ,A.D. 19_, Legal No.43XW~ ~~ ~~ ":'\_O--\-~=r- r ----Ihoh1:"'r.. _ ,->-,-...- - :.J n**. ami thc last publicllliun of saio notice was in thc issuc uf ~c;=s:..,.Si14bgtElL . saio ncwspapcr dated JJ cfv NIL , A.D. 19 "11- ami fm lhc Counly of Grano, SlalC of Colorado this ~daYOf Alz .A.D.19c:[}: My Cunllllission ElIJlircs: 122DO' ,t . It. i . t ... i I I TOWN OF FRA~ER ORDINANCE NO.! ,- AN ORDINANCE ADOP'I1ING BY HE FERENCE 'rliE 1997 EDITION OF THE UNIFORM BUILDING CODE, VOL(JME~S "I, 2 4ND 3, AS AMENDED, THE 1997 EDI'rION OF 'T'llE UNI FOR~1 MECHANICAL COqE, AS AMENDED, AND '1'HE 1997 EDrfION OF' rl'HE UNIFORM CODE: FOR THE: PlBA'1'EME;r,.JT OF DANGEROUS BUILDINGS, AS AMENDED, HEGULATING TH~ EHECTION, CONSTRUCTION, ENLARGEMENrI', ALTERATION, REPAIR, 110VI!NG, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, US~, HEIGHT, AREA, MAINTENANCE, DESIGN, QUALITY OF MATERIAL, I NS'l'ALL~T 1 ON, LOCATION, RELOCNf ION, REPLACING AND ADDI'rrc>N 1'0 ALL B(Jn,DI~GS, S'l'RUCTURES, HEATING, VENTILA'l'ING, COOLING, F<.EFRIGERATION S!YS'l'EMS, INCINERATORS, OR OTHER MTSCELI,ANEOOS HEA'l' PRODUCING ABPLIANCES IN THE Tmm OF FRASER; PROVIDING FOR THE ISSUANCE OEl PERMITS AND COLLECTION FEES THEREFOR; REPEALING ALL OTHER ORDTNAl'lfCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH; ADOPTING PENAL!TIES E'OR VIOLATION THEREOF; AND ADOPTING AMENDMEN'I'S TO THE 1997 ElDTTlON OF THE UNIFORH BUILDING CODE, THE 1997 EDITION OF TH!E UNIFORIYl MECHANICAL CODE, AND THE 1997 EDITION Of TIlE ONIFOHl'1 CODE FOR THE ABArrEMEN'l' OF DANGEROUS BUILDINGS, AS PROMULGATED A~-lD ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF' GRAND COUNTY,: COLORADO. NOW THEREFORE, BE IT OHDAINED BY THE ~OARD OF' TRUSTEES OF THE: TOWN OF FRASER, COLORADO, AS FOLLOWS:I PAR'f_.l.:_____AMENm1EI'!'!'-.2.[__,!,OWJi CODE. Artlicle 4-1 of the Code ot' the Town of Fraser, Colorado (herein sometimes referred to as the "Town Code") is hereby amended as folllows: ! 1.1 Section 4-1-1 of the 'j'mvn Code i.k amended by the repeal of --- I subsect ion (1) (b) the reo f, and by arnetldi ng subsect ions (1) (a) , (1) (c), (l)(d), (2) , and (3 ) thereof to read as follows: Section 4-1-1. Codes_Adopted. ! ! (1) Pursuant to Title 3], Article 16~ Parts 1 and 2, Colorado Revised Statutes, the fullowing codesiare hereby adopted and enacted by reference: I (a) The Uniform Building Code, 1997 Edition, published by the International Conference of Building ~fficials, inclUding the generic fire-resistive assemblies 1 ist:ed in the Fire Resistance Design Manual, Fourteenth EditioIl, daied April 1994, publistled by the Gypsum Association, as referenced in Tables 7-A, 7-B and 7-C c. "UI'''UASER-.(oRl)ll1''1lb:97, vp4 ýÿ .'. e e , (also reference Appendix Chapter 12, Division II, if adopted) of the specified Uniform Building Code, said Code consisting of three volumes: ( i) Volume 1 -Administrati.ve, Fire and Life Safety, and Field Inspection provisions, Pages 1-] through 1-308 inclusive and Appendix Chapter 3, pages 1-309 through 1-315, Appendix Chapter 15, pages 1-335 through 1-336, Appendix Chapter 29, pages 1-397 through 1-398, Appendix Chapter 33, pages 1-407 through 1-412; ( i i ) Volume 2 - Structural Engineering Design Provisi.ons, pages 2-1 through 2-386 inclusi.ve and Appendix Chapter 16, pages 2-281 through 2-400, Appendix Chapter 18, pages 2-417 through 2-418; (iii) Volume 3 -Haterial Testing and Installation Standards, pages 3-1 through 3-538 inclusive; and, Structural Welding Code - Reinforcing Steel, AWS 01. 4-92 (UBC Standard 19-1); America'n National Standard for Accessible and Useable Buildings and Facilities, A117.1-1992 (see Uniform Building Code Section 1101.2), published by the Council of American Bui.lding Officials; Load and Resistance Factor Design Specifications for Structurail Steel Buildings, December 1, 1993 (Chapter 22, Division II); Specification for Structural Steel Buildings lUlmvable Stress Design and Plastic Design, June 1, 1989 (Chapter 22, Division III); Load and Resistance f'actor Design Speci f icat ion for' Cold Formed Steel Strllct u ra.l Hernbers, 1986 (with December, 1989 Addendurn) (Chapter 22, Division VI); Specification for Design of Cold-formed Steel Structural Hembers, 1986 (Chapter 22, Division VII); Standard Specification for Steel Joists, K-Series, LH-Seri es, DLH-Series and Joist Girders, 1994 (Chaptec 22, Division IX); Stcuctural Applications of Steel Cables for Buildings, ASCE 17-95 (Chapter 22, Division XI); and National Design Sp~cification for Wood Construction, Ht';vised 1991 Edition (Chapter 22, Division III, Pact I), as modi.fied or amended in the Uniform Building Code .cefer-enced herein; and inClUding the amendments thereto adopted by Grand County referred to below; and (b) [Repealed] (c): The Uniform Mechanical Code, 1997 Edition, published by the International Conference of auilding Officials, consisting of pages 1 through 101 inc.lusiv~ and Appendix Chapters A through D 2 ýÿ . . e\ e, . inclusive, pages 103 through 180 inclusive, and including the amendments thereto adopted by Grand County referred to below; and (d) The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials, consisting of pages I through 18 inclusive, and including the amendments thereto adopted by Grand County referred to below; and (e) [No change] (2 ) The said Codes have been promulgated and published by the International Conference of Building Officials, 5360 South Workman Mill road, Whittier, California, 90601, except for the Uniform Plumbing Code which has been promulgated and published by I the International Association of Plumbing and Mechanical \ I Officials, 20001 Walnut Drive South, Walnut, California, 91789-2825, and the Fire Resistance Design Manual, which was published by the Gypsum Association, 810 First Street NE, #510, Washington, D.C., 20002. (3 ) The Board of Trustees also hereby adopts and enacts by reference the amendments to said Uniform Plumbing Code, 1991 Edition, which were prorrmlgated and adopted by the Board of County Commissioners of Grand County, COlorado, by Resolution No. 1992-6-6 adopted June 16, 1992, effective October 1, 1992, together vlith the amendments to said Uniform Building COde, 1997 Edition, said Uniform Mechanical Code, 1997 Edition, and said Uniform Mechanical Code, 1997 Edit iou, which were promulgated and adopted by the Board of County Co~nissioners of Grand County, COlorado, by Resolution No.' __________._.____ adopted , 1997, except that all references in said amendments to the area of applicability shall be changed to the incorporated area of the Town of Fraser, COlorado, and all references in said amendments to lithe Board of County Commissioners" shall be changed to read lithe Board of Trustees of the Town of Fraser, Colorado." The address of said Board of County Conunissioners of Grand County, Colorado is Grand County Courthouse, 308 Byers, Hot Sulphur Springs, Colorado, 80451. ( 4 ) [No change] i , PART 2: PENAIITY CLAUSES. The following section of the Code of the-Town of Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance, and such secti.on 1.s herewith set 3 ýÿ ", e' e, . forth in full and hereby enacted: Section 4-1-2. Penalties and Enforcement. (1 ) It shall be unlawful for any person, as defined in said Codes, to erect, construct, enlarge, alter, repai r, move, improve, remove, connect, demolish, equip, use, occupy or maintain any building or structure in the Town of Fraser in violation of or contrary to any of the provisions of this Article or said Codes adopted herein. Each and every day during which such illegal erection, construction, reconstruction, alteration, maintenance, or use continues shall be deem~d a separate offense. (2) Every person convicted of a violation of any provision of this Article or the Codes adopted herein shall be punished by a fine not exceeding Three Hundred ($300.00) Dollars or by imprisonment not exceeding ninety (90) days or by both such fine and imprisonment. (3) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, remodeled, used or maintained in violation of this Article or the Codes adopted herein, the Board of Trustees of the Town of Fraser may, in addi tion to ather remedies provided by law,. institute an appropriate action for injunction, mandamus, or abatement to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, remodeling, maintenance, or use. PART 3: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed i,n violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. This Ordinance shall not affect the construction of buildings or improvements for which permits were issued prior to the effective date of this Ordinance, and all such buildings and improvements shall be constructed in accordance with the ordinances of the Town of Fraser and its adopted building codes in effect at the time of the issuance of said permits; provided, however, that no constCllGtion authorized by an existing permit shall be altered without complyi.ng with the provisions of this Ordinance and the revised Codes adopted herein. 4 ýÿ ~ . ' " e e PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance or the said Codes adopted herein is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance or said Codes. The Town of Fraser hereby declares that it would have adopted this Ordinance and said Codes, and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 5: EFFECTIVE DATE. This Ordinance and the Codes adopted herein by reference shall take effect thirty (30) days after passage, adoption and publication of this Ordinance as provided by law. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AFTER PUBLIC HEARING AND SIGNED THIS __ day of , 1997. BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO 1 BY: Jeff JOhnston, Mayor ATTEST; (SEAL) Virginia Winter, Town Clerk Published in the Winter Park Manifest on , 19 . -- 5 ýÿ .t~ '" ID.30.09766 JUL-09'-97 14.32 FROM.MCLIIlHLIN WATER ENGRS PAGE 1/2 -, I ~- McLaughlin Water Engineers, Ltd. IB J MEMORANDUM TO: Chuck Reid FROM: Leo Bisel and Ron Mclaughlin RE; Fraser Water Rights DATE; July 9, 1997 We have reviewed the material received from Stan Cazier concenting water rights matters for Fraser and, based on this review together with several telephone conferences with Stan, have developed the following conclusions/recommendations: 1. Fraser needs to make a decision on: (1) the amount of Wolford Mountain Reservoir water to provide to Denver Water in exchange for the 110 acre-feet of Clinton by-pass water and (2) how much Clinton Reservoir water should be reserved for delivery at Williams Fork Reservoir. These decisions must be made by July 22, 1997 and the Denver Water Board so informed. 2. Stan Cazier and Leo Eisel recommend that Fraser acquire 70 acre-feet of Wolford Mountain water for replacement purposes to Denver in exchange for 104.5 acre-feet of Clinton by-pass water delivered to the Fraser River and/or Big Vasquez Creek. The 70 acre-feet will cost $7,000 or $l00/acX'e-fOOI. Stan and Leo further recommend that the Town reserve 5.5 acre-feet of its 110 acre-feet of Clinton by-pass water for delivety at Williams Fork Reservoir. This 5.5 acre~feet will supply the replacement water for municipal depletions by Fraser to the 110 acre.-feet of Clinton by- pass water. This 5.5 acre-feet of reserve Clinton by-pass water will act as insurance in case there was a spill from Windy Gap. Windy Gap will be relied upon in most years to supply the replacement water for Fraser's depletions to the 110 acre-feet of Clinton Reservoir by-pass water. 3. The question of Maryvale receiving its water supply from the Town of Fraser is independent from the above decisions to acquire 70 acre-feet of Wolford Mountain water and reserve 5.5 acre-feet of the Clinton Reservoir by-pass water for deliver}' in Williams Fork. The decisions concerning the 70 acre-feet of Wolford Mountain water and 5.5 acre-feet of Clinton water delivered at Williams Fork should be nude at the July 1611l Town of Fraser board meeting and the results --------- ,~ ~ JUL-0S~S? 14.33 FROM'MCLA~LIN WATER ENGRS 10. 303_S?Se PAGE 2/2 conveyed to the Denver Water Board i With respect to proceeding with regard to providing service to MaryvaIe, we suggest that a meeting first be held with Maryvale to discuss various questions concerning their plan for augmentUio~ flStimated cost of supplying service and similar questions. Subsequent to this meeting, we reconUnend that a meeting involving Chuck Reid. Stan Cazier> Ron Mclaughlin and Leo Eisel be held ito discuss the matter of providing service to the Town of MaJyvale in preparation for the meeting with Maryvale. 4. It is also recommend. that the Town +eriously consider purchasing its proportionate share of any surplus Wolford Mountain water available. The Town should be eligible for a proponionate share (110 acre-feetl820 acre-feet) of any ~ditional Wolford Mountain water which becomes available. This ~l probably be a small amount !of water totaling a few acre-feet but .is worth acquiring at a cost of $lOO/acre-foot. This propo~ionate share of surplus Wolford Mountain water would be released to the Colorado River whe~e it would be used for future augmentation purposes by the ToW1\ of Fraser. cc: Stan Cuter -, LME:4jmlP:9.S4Z2.00G1LMe-1 2 ýÿ ~ d; G & .. , TOWN OF FRAS~ ORDINANCE NO. -. I .. AN ORDINANCE APPROVING AND ADOPTING AMENDMENTS TO THE SUBDIVISION REGULATIONS OF THE TOWN OF FRASER. WHEREAS, pursuant to Colorado Revised Statutes, Title 31, Article 23, Part 2, the Planning Commission and Board of Trustees of the Town of Fraser are authorized to adopt and amend subdivision regulations applicable within the Town and to property within three (3) miles of the Town boundaries respecting a major street plan; and WHEREAS, the Fraser Planning Commission and Board of Trustees have previously adopted the Fraser Subdivision Regulations, as now contained in Chapter 12 of the Code of the Town of Fraser; and WHEREAS, the Planning Commission has held a public hearing regarding proposed amendments to the SUbdivision Regulations and considered the comments of the pUblic regarding said Regulations; and WHEREAS, the Planning Commission has approved and adopted such amendments to the SUbdivision Regulations, by Planning Commission Resolution No. 12-1-94, subject to final approval by the Board of Trustees; and WHEREAS, the Board of Trustees has reviewed said amendments to the SUbdivision Regulations and believes the same are in the best interests of the citizens of the Town of Fraser, Colorado. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: ADOPTION OF AMENDMENTS TO SUBDIVISION REGULATIONS AND TOWN CODE. 1.1 The Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Town Code"), and in particular, Section 12-6- 6, Subsections ( 12) (b) and (23) thereof, are hereby amended by the adoption of the amendments to the Subdivision Regulations set forth on Exhibit "A" attached hereto and incorporated herein by this reference, as the same were approved and adopted by the Fraser Planning Commission. 1.2 Said amendments together with the other provisions of the SUbdivision Regulations shall be applicable within the corporate CI\J~\F!1SER\OP~IN\SUBD-~.Ol . ~ e """ 1 . limits of the Town of Fraser, Colorado, as such limits exist from time to time subsequent to adoption of these amendments, and also applicable, with respect to a major street plan, to property within three (3) miles of the corporate boundaries of the Town of Fraser, Colorado. 1.3 Said amendments to the Subdivision Regulations shall be made available to the public in pamphlet form, at cost. PART 2: PENALTY CLAUSES. The following Subsections of the Town Code contain penalty clauses applicable to violations of this Ordinance, and such Subsections are herewith set forth in full and hereby enacted: Subsections 12-1-9(1) and (2). Violations. Penalties and Enforcement. (1) Whoever, being the owner or agent of the owner of any land located within a subdivision transfers or sells, agrees to sell, or negotiates to sell any land by reference to or exhibition of or by use of a plat of a sUbdivision before such plat has been approved by the COMMISSION and the TRUSTEES of FRASER, and recorded or filed in the office of the Grand County Clerk and Recorder shall be deemed to have violated this Regulation and shall be subject to a penalty fine of three hundred dollars ($300.00) for each lot or parcel so transferred or sold, or agreed or negotiated to be sold. The description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such fine or from the remedies provided in this section. In addition to the fine provided for herein, FRASER may enjoin such transfer or sale or agreement by action for injunction brought in any court of competent jurisdiction. (2) Any other violation of the provisions of these Regulations may be punished by a fine of up to three hundred dollars ($300.00) and by imprisonment of up to ninety (90) days. Each day of violation shall be a separate violation for purposes of the aforesaid fine and imprisonment. PART 3: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any - 2 - " e e , ordinance hereby repealed prior to the taking effect of this Ordinance. PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 5: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. READ. PASSED. ADOPTED AND 2f'ERED PUBLtED BY THE BOARD OF TRUSTEES AND SIGNED THIS DAY OF t{J.I~lt ' 1995. BOARD OF TRUSTEES OF THE TOWN .oF, ER, COLORADO / , Mayor (SEAL) V own Clerk Published in the winter Park Manifest on I~, 1995. - 3 - ýÿ , e e , EXHIBIT "A" AMENDMENTS TO THE FRASER SUBDIVISION REGULATIONS December, 1994 section 12-6-6, Subsections (12) (b) and (23), of the Town Code are amended to read as follows: section 12-6-6. Public Ways. Streets. Bike Pathwavs. Walkways. Allevs. and Easements. (1)-(11) [No change] (12) StreetSDecifications: (a) [No change] (b) Street Specifications are as follows: ROW Roadbed Pavement Min/Max Surface Classification width Width Width Grade Material (1) Arterial Hwys. (To conform to State of Colorado Highway Standards) (2) Secondary Arterial Streets 60' 42' 36' 0.5-5% a or c1 (3) Collector Streets 60' 36' 24' 0.5-6% a or c (4) Local Streets 36' 32' 24' 0.5-7% a or c (5) Marginal Access Streets/ Roads 36' 32' 24' 0.5-7% a or c (6) Private Drives (Lanes) 24'(30') 22' 20' 0.5-10% a, c or q (7) Alleys - Where Permitted 20' 20' -- -- a, c or g Page 1 of 5 Pages ýÿ , ' 8 - EXHIBIT "A" - continued (8) Sidewalks: 6'-8,2 Residential -- -- -- a or c Business -- -- 8'-10,2 -- a or c (9) Bikeways -- 10' 8'-10,2 0.5-10% a or c (10) Easements 10'-20' -- -- -- -- --------~---------- Footnotes: 1 a, c, g: asphalt, concrete, gravel - Class C 2 Required width determined as provided in Subsection 12-6-6(23) ------------------- (i) Minimum pavement widths shall be twelve feet (12') for each single travel land in road types (1) - (5) . (ii) Minimum surface widths for combined pedestrian/bicycle pathways shall be eight feet (8') or as otherwise set forth in Subsection 12-6-6(23). (iii) street grades shall not exceed two percent (2%) for a distance extending at least sixty feet (60' ) in each direction from a street intersection. (iv) Driveway grades shall not exceed three percent (3%) for a distance extending at least forty feet (40' ) from a street intersection. (v) In residential zoned areas, street grades shall not exceed seven percent (7%) ; in all other zoning districts, street grades shall not exceed five percent (5%). (13)-(22) [No change] (23 ) Bicvcle Pathways and Walkways: Walking paths and/or bicycle path linkages will be required in accordance with the Master Pathway Plan pertaining to these amenities and/or in order to connect logically with established or planned pathways in the Town or County. If no such Master Pathway Plan requirements exist, the subdivider shall include bicycle and pedestrian pathways . development plans along logical l.n routes recommended by the Planning Commission. Pathways may be included in any open space requirement of these or other regulations. Pathways shall be constructed by the developer and shall be dedicated via easements to the Town or to the property owners' association. Easements for regional and local circulation pathways and recreational pathways as defined in the Master Pathway Plan shall be dedicated to the Town. All pathways of any classification shall be open to the public. Page 2 of 5 Pages ~ e e EXHIBIT "An - Continued (a) Pathway Type: Pathway types for purposes of these regulations are as follows: Separated - Pathway is separated from an adjacent roadway by a minimum of 10' horizontally. Grade differential or differing surfaces are provided between the pathway and roadway to discourage crossover by vehicles, pedestrians, and bicycles. Combined - Pathway is constructed as an extension of the roadway paved surface, and is identified by appropriate striping and signage. Combined pathways shall have one-way travel on ly, in the direction of the adjacent vehicular traffic, and shall be provided on each side of the roadway. - Pathway may consist of a separate bicycle lane adjacent to the driving lane plus a pedestrian lane (sidewalk) outside the driving or parking area, or a widen ed shoulder zone outside the driving or parking area for combined bicycle/pedestrian use. Sidewalks - Pathway is constructed as a sidewalk immediately adjacent to the travelled way or parking zone of the street, and is separated by a vertical or sloping curb. (b) Geometry: Pathways shall be constructed to meet the following minimum standards: Function/Class Recommended Pathway Type Separate Combined Sidewalk Regional Circulation 10'-12' Pathway NA NA Width Paved Local Circulation 8'-10' Pathway 5' Bicycle 8' width Width Lane Paved plus 6' Pedestrian Pathway - OR - 8' Combined Bicycle/ Pedestrian Zone Page 3 of 5 Pages " __ 0 , EXHIBIT "A" -, Continued Neighborhood 8' Pathway Width 4' Bicycle 6' width Circulation Paved Lane plus 4' Pedestrian Pathway - OR - 6' Combined Bicycle/ Pedestrian Zone Recreational 8'- 10' Pathway NA NA Width Paved or Gravel Footnotes: - Separate pathways require 2' minimum gravel shoulders on each side of the pathway. Shoulder width may be reduced to l' in special circumstances. - Combined pathways require 2' minimum gravel shoulders adjacent to the pathway. - Typical pathway sections are as shown on Figure 1 of the Master Pathway Plan. (c) Accessibility: All pathways shall comply with the accessibility requirements of the Americans with Disabilities Act (ADA) and related federal regulations, as the same may be amended from time to time. Pathways which are to be dedicated to or operated and maintained by the Town of Fraser shall conform to the provisions of Title II of the ADA and the regulations contained in 28 CFR Part 35. Accessible routes shall be provided within sUbdivisions in accordance with provisions of the Title III of the ADA and the related regulations contained in 28 CFR Part 36 and/or the Fair Housing Act, as applicable. Recreation pathways within urbanized Subdivisions or developments shall meet the standards for "Easier" Degree of Access as proposed by the Advisory Committee to the Access Board section of the Architectural and Transportation Barriers Compliance Board (ATBCB). Recreation pathways within non-urbanized areas shall meet the standards for "Moderate" Degree of Access as proposed by the Advisory Committee to the Access Board Section of the ATBCB. (d) Added Criteria: (i) Horizontal and vertical alignment for separated pathways shall be designed in accordance with American Association of State Highway Officials (AASHTO) procedures for a minimum speed of 20 mph for regional and local pathways, and no minimum speed for neighborhood and recreational pathways. (ii) Signage shall be provided in accordance with the Manual of Uniform Traffic Control (MUTC). Page 4 of 5 Pages ýÿ -,,' 0 Q , EXHIBIT "A" - continued (iii) . 8' wide crosswalks shall be provided and identified where pathways cross pUblic streets. (iv) Pathways shall be constructed to provide stable subgrades suitable for support of heavy equipment and pavement. The minimum pathway section shall consist of 6 inch compacted non-cohesive fill plus 4 inch compacted gravel base course, over a stable existing soil subgrade. Where paveme~t is required, pavement shall meet the minimum criteria of 3 n asphalt pavement. Where pavement is not required, the surfacing shall be aggregate base course with sufficient fines to provide a smooth, dense surface when compacted. Gravel surfacing shall be compacted to a minimum of 95% Standard Proctor Density. (v) Bridges for separated pathways shall have a minimum width equal to the pathway width plus shoulders and shall support a live load of 100 psf. Stream crossing bridges shall be set at an elevation to clear the estimated 100 year flood level by l' . (vi) Adequate drainage measures shall be provided along and across the pathway to prevent erosion damage to the pathway surface, to allow free passage of drainage flows across the pathway, and to prevent inundation of the pathway. (e) Easements: Combined Pathways and Sidewalks shall be located within the roadway right-of-way. Separated pathways shall be provided with access and maintenance easements, at a minimum of 20' width. Pathway easements shall not overlap existing or proposed utility easements, except with the approval of and subject to such conditions as may be required by the Town. (f) Variance Procedures: Where site-specific conditions exist that make it impracticable to meet the location and design criteria set forth herein, the developer or applicant may request a variance from the limiting criteria. In such cases, the proposed design shall still provide a safe pathway configuration, meeting the functional and location criteria, and conforming to all applicable state and federal regulations. The applicant shall submit adequate design information to substantiate the request, prepared by a licensed professional engineer. (g) Maintenance: The developer shall maintain all pathways for a period of one (1) year from the date of final completion. At that time the developer may petition the Town to accept the ownership and maintenance of said pathways. The Town may, at its sole discretion, elect to accept the ownership and maintenance of said pathways. (24) [No change] Page 5 of 5 Pages C:\WP\FRASER\PATHWAY.SUB ýÿ ~ , . e 1997 BUILDING PERMITS ISSUED IN FRASER BN Owner name & loeation: Description: Approval date: Use tax paid: 97-01 Ed Norby Remodel Frame Shop 1/8/97 $400.00 dba Fraser Trade Center into 2 bedroom apt. 97-02 Jim Tucker Install gas log unit & 2/19/97 No use tax paid 672 Quail Drive Remove wood burning REBA TE=$50 stove 97-03 Kent & Jancey Hughes Twin Spirits TH #1 4/8/97 $3935.66 MH7 Ptarmigan 2 units Wapiti Drive 97-04 Casey Cook Duplex 411 4/97 $2856.18 MH 62 Ptarmigan 2 units Mmk Lane 97-05 Mike Scbnrer Remodel 4/23/97 $12.00 290 Doc Susie 97-06 GC Library District New library 4/29/97 N/A Norgren 97-07 Jim Gabel New SFD 5/3/97 $1577.53 Lot 58 MH Ptarmigan Mink Lane 97-08 Karen Gralow Re-roof 5/6/97 $92.50 Mie's-ellaneous D&M Roofing 97-09 Don Jernberg Re-roof 5/6/97 $92.50 Ridgewood Tri-plex 844 Wapiti Drive D&M Roofing 97-tO Dwight DiOon Re-roof 5/8/97 $52.00 830 Ermine Lane 720 S. Marshall Lakewood,C<>.80226 97-1t Stan Brooks Duplex 5/13/97 $4229.07 Cherry Creek Bldg. Corp SW comer of Norgren & Eisenhower 97-12 The Meyers New Alpine 5/21/97 $3127.68 Alpine Physical Therapy Physical Therapy 97-13 Chuck Reid Roof repair 5/21/97 $48.00 191 Byers Avenue The Roofing Co. rJ ~ . - BP# Owner name & location: Description: Approval date: Use tax paid: 97-14 Ann Douden Roof repair 5/21/97 $30.00 700 Wapiti The Roofing Co. 97-15 Francha Menhard Roof repair 5/21/97 $28.00 811 Mink Lane The Roofing Co. 97-16 Ron Thorson SFD 5/20/97 $2703.43 Lot MIl91, Ptarmigan 97-17 Steve Watson SFD w/ apart. 5/28/97 $2411. 75 Lot MIl94, Ptarmigan Paul Devincentis 97-18 Rich Miller SFD 6/9/97 $1784.70 Broken Wagon Wheel Lot 4 97-19 FV Baptist Church New Church 6/1/97 N/A 100 Doc Susie Ave. 97-20 Bill Reed Misc. remodel 611 2/97 $108.00 102 Eastom 97-21 David Gmthotr Repair deck 7/3/97 $60.00 313 Eastorn Ave 97-22 Dennis Satrell SFD 7/11/97 $2071.18 MIl3 Ptarmigan Wapiti Drive