HomeMy Public PortalAboutTBP 1997-07-16
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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)
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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
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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!
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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!
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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.
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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.
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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.
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P!OF OF PUBLICATIO~ ~~lj)
~ArJ
w'trite Manifest
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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'
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TOWN OF FRA~ER
ORDINANCE NO.!
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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
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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. !
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(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
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(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
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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]
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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
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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.
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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
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'" ID.30.09766
JUL-09'-97 14.32 FROM.MCLIIlHLIN WATER ENGRS PAGE 1/2
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~- 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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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.
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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