HomeMy Public PortalAboutTBP 2000-09-20
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TOWN OF FRASER J
.' "Icebox of the Nation"
P.Q, Box 120/153 Fraser Avenue
Fraser, Colorado 80442
(970) 726-5491
FAX Line: (970) 726-5518 ,
E-Mail: fraser@rkymtnhLcom
TOWN BOARD AGENDA
REGULAR MEETING
September 20,2000,7:30 p.m.
'1. Roll Call
2. Approval of 7/19/00 and 8/6/00 rilinutes
3. Open Forum
a) Grand County Commissioners
4. ' Public Hearings '
. 5. Action Items
a) Moqnshine Liquors: Request for sign code variance
b) Motion to accept the'1999 audit from. McMahon & Associates
c) East Mountain Filing.#I: pre-paid tap agreement
6. Discussion Items
a) Wetland Peirnit Application, Maryvale East
7. Staff Choice
a) Request for an executive session to discliss a personnel issue.
8. Board Choice
Upcoming Meetings
'Wednesday, September 27th: Planning Commission regular meeting'
Wednesday, October 4th: T own Board regular meeting
, th Town Board regular meeting
Wednesday, October 20 :'
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:' TOWN OF FRASER ~
'. '~lcebox of the Nation"
P.O. Box 120 / 153 Fraser Avenue'
Fraser, Colorado 80442
. (970) 726-q491
FAX Line: (970).726-5518,'
E-Mail: fraser@rkymtnhLcom
Manager's' Briefing for the September 20th Board M~eting
The last two weeks have been a blur: GOeO grants~ budget, paving, water valve fixes, .
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the water tap agreemen~, the last picnic-in-the-park, life, and so.on. But the great
ne~s is that Allen starts on Monday. Nat tried ~o bl;Jrst my balloon by "reminding" me
that Allen will need a transition period, but I'm. not stymied - it's still great news!
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Wednesday's meeting looks relatively light. We're due after the last one. . I finally
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figured-out why you have not received minutes from 7/19 -, Vicky was !lot at the,
meeting! ,.Th~y are nqt i~cluded in the packet as I'll have to draft them, which I'll do '.
later tonight and deliver ,later. In the meantime, enclosed are my handwritten notes.
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. Most of the action items are relatively self-~xpJa.riatory. Rod McGowan,' Kevin Patrick
(Koelbel's water attorney), Keith Neale, 'Jack Bestall; and I hammered out the p~e.-
paid tap agreement earlier this week,' making changes on a lap-top during the
m~eting.', I'm satisfied with the agreement as it me~ts our finandal interests and does'
not ,create another -layer of bureaucracy. 'Unfortunately, we did not receive a hard: ':
.copy'of the agreement by the time I sent the packet. I have everyone scrambling to'
, get a copy to me this weekend and will deli~erit as soon as ,it com.e,s in (along with
the minutes). ' . .
Enclosed is a confidential severance agreement for Jim Tucker that 'needs your
approval. ' It's str~ightforward and follows the parameters you set fo~' me.
Enclosed is also a DRAFT letter to the Corps ()f Engineers, regarding the Wetland
Permit Application forEast Mountain. w,e will fax thi~ to the Corps on ~ond~y. If
you have ~ny changes,' please call me, 726-0747, this weekend.
What a beautiful week it has been! I hope you have had, or will make, the time to get,'
out and PLAY!!!
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. TOWN BOARD
SEPTEMBER 6, 2000
6:00P.M - 7:30 P.M. WORKSHOP
Discussion on Amendment 21 and Amendment 24
7:30 P.M. OPEN REGULAR MEETING
Board present were Mayor Soles, Klancke, Wirsing, Larson, Rantz, Manly and Shapiro.
Staff present were Reid, Durbin, Winter and Attorney McGowan.
Klancke made a motion to approve the Aug. 8th minutes, 2nd Wirsing, carried.
OPEN FORUM
Jay Clough, property owner on Byers voiced a concern that before the streets are paved
on Byers and Mill Ave. the Town should replace service line that may be leaking. He
replaced his service line several years ago due to a leak. The leak was on the property
side of the curb stop. Board indicated that as these were service lines the home owners
would be responsible to do this. Clough suggested the property owners should be
advised to look into the situation.
. UPDATES
Catherine Ross gave an update for the Chamber of Commerce.
Jim Sheehan gave an update on the Housing Authority.
ACTION ITEMS
TAYLOR FINAL PLAT
Durbin presented information on the Plat. Rantz made a motion to approve the final plat
for the Taylor Subdivision, 2nd Shapiro, Carried.
BROKEN WAGON WHEEL ESTATES: AMENDED FINAL PLAT
Durbin presented the information on the final amended plat. Manly made a motion to
approve the amended final plat on the following condition:
1. A Plat note stating that the garage exterior appearance will always remain to
look like a single structure.
2. A party wall agreement with dispute resolution provision be established prior
to building permit of the garage.
Motion 2nd by Wirsing, carried.
. FOX RUN PRELIMINARY AND FINAL PLAT
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. Jeff Durbin presented the information on the preliminary and final plat. The Board of
adjustment have granted a variance to the parking to 113 spaces provided for good
management of spaces and the Housing Authority will come back to the Town with a
solution if it does not work.
The Housing Authority and the consultants reviewed the project.
Klancke voiced extreme concern with the 2nd access even though it is one way down the
hill from Wapiti Dr.
Ross stated that the Authority will be working with Grand County when they do a traffic
study for County Road 8.
After full discussion of the issues, Manly made a motion to approve the preliminary and
final Plat for FoxRun affordable housing apartment complex with the following
conditions:
1. Compliance with engineering recommendations.
2. Housing Authority must Monitor the "one way" access road for misuse and
consider appropriate traffic control devices to correct the problem if it is
misused. .
. Motion 2nd by Wirsing, carried.
FOX RUN TAP FEE DEFERRAL REQUEST
Grand County Housing Authority request the Town to defer water tap fees for 5 years
with a 10 year payment schedule after the 5 years. Bonding for the Improvements was
also discussed. Wirsing made a motion to grant a deferral on water tap fees on the 53
affordable units for a period of 5 year and a ten year payment schedule, also to accept, in
place of a separate SIA Bond, the Town could be listed on the performance Bond that is
required by CHF A, as approved by the Town Attorney, 2nd Manly, carried.
FOX RUN SCHOOL IMPACT FEES
The School District has advised the Town that they would accept payment in lieu of land,
money assessed only on the 11 market units as a help to develop affordable housing, at
the Town's discretion. Reid advised the Board that the other affordable housing
development, Mercy Housing, was assessed $7500.00 in school impact fees. Mayor Soles
suggested that a fair agreement would be to assess $7500 plus the required fee for the 11
market units. Manly made a motion to assess Fox Run $13,777 School Impact Fee, 2nd
Rantz, carried.
MARYV ALE PRE PAID TAP AGREEMENT
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. Reid advised that to many issues remained regarding this agreement. It will be brought
back to the Board at a later meeting.
MARYV ALE, EAST MOUNTAIN WETLAND MITIGATION
Reid reviewed the wetland mitigation plan submitted by Maryvale LLC to the Corp. of
Engineers for the bridges at Maryvale. Comments on the application are not later than
Sept. 18th. Jack Bestall representing Maryvale also reviewed the submitted plan. As the
first option of choice they are asking for one bridge with 2nd access through an easement
at the High Country Haus Condos. This plan is less disturbance to the wetlands.
Several owners and an attorney representing the owners protest this 2nd access and the
validity of the easement.
McGowan stated that if the Town were to comment on any access plan other than that
approved at the final plat, an amendment would need to be made to the final plat.
Town will respond to the application as was agreed at final plat for the bridges. It is
possible when other development happens the 2nd bridge ( 2nd access) could be changed
to something else.
Reid took the opportunity to ask the owners of High Country Haus Condos. that were
. present if they would work with the Town for a bike/pedestrian path through their
development. They assured the Town they would work with the Board to accomplish a
trails easement.
RESOLUTION 9-1-2000
Reid presented a Resolution adopting a definition for the term " valid development
application". Manly made a motion to approve Resolution 9-1-2000 2nd Wirsing,
carried. Soles a nay vote.
STAFF CHOICE
Reid asked ifa Board member could also be employed by the Town in some of the part
time areas of need. Board wants the position open to others before a Board member.
Attorney McGowan does not see a problem if it is done that way.
Reid advised that the CML Executive Board Policy Committee has an opening if any of
the Board is interested.
Board gave authorization to have the County Health Nurse in the Town Hall building.
Sales tax revenue collection chart was handed out.
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. Durbin advised that the Mayor had appointed Tim Kinney to serve on the Board of
Adjustment.
Board authorized a part time position to assist the Town Manager.
BOARD CHOICE
Board discussed water meter installations, County Road 8 bridge repairs, Eisenhower-
Highway 40 light.
No further business, meeting adjourned at 11 :00 p.m.
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TOWN OF FRASER ,J' "
"Icebox of the Nation" .', ',' -.
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P.O. Box 120/153 Fraser Avenue " ,-
Fraser, Colorado 80442 ' , .'
(970) 726-5491 . . ,',
FAX Line: (970) 726-5518 '.
E.Mail: fraser@rkymtnhi.com , ,',.'
Memorandum ..
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.. To: Planning commis.~ ~ ,'. ,.,
From: Jeffrey L. Durbin, " "... ':,:
. Date:, 'August 31, 2000 ' ,: , , . ; . .:. ' .
",>. ,Subject: "Moons"in~ Liquors S~gnage ." , " " ' 0:'-'., : .: ~;~}:;'.
',: .. ,';,', " '" ' ,,: ',;/, "":; i /'::~, :;' "~~~'\,i:'~i!..if,
'~, '.' '..' ','.... .:. .:<: ~ ~ou' know,. ~ Iia~e-'~ee~ 'discus~g the :si~~~'ai ~o~nshine Liqu9r~~..~rfi.~.(~~~f.i.:X.:~?~::I;)~~~'~}.~~;~(
.,..':' . .' ...." :'" :. ,S~t:t E~ery, m r~g~ds ,to; comp~~~ ,~~~ ~e_:s~~ '~.rdin~~... .As S~~}!~d ~~~~ye ~o~<jl~:\~~_i:~~;~;~:~~f
':. " :..... CC?m.et~ agreem~t regard~~ re~olution, ~e are.~king ~,own Bo~~ C<?~~eI1l~Q~:.',~,~>,%;!~;,,~',~'~~'.',if~~~
..., sigilificantfacts are as follows' .' ,":,. ,', ";..,, ~,-""-",. ." "';":~"::;\""':'" "',~~'\:
'., ':.,:;'..' ',". ".~ '. ,," .,.'... ,:..,' ,,:' . ..., '~",' .,'.... ~~ ..., .:. ;. :,<, >,<.. ,',: - : '" " ':, /~:.~\~:::;,~:):;":./j2'(;j;~f.~jiii:f~xt
, ,.,:, .' >, 'c:" ,:. ~" 1. ,:. '. ne sigQ ord~ance allo~~.~~r~'~5 ,sq~ .~t of wall. signa~~ :~~~h,:~a;~?~?'J~~Y.1~~:.~~m~~~~",
, . ,'"l' :', ," ",:" ',':." D9 more ~,50 square feet on'onb'.one wall. The wall SIgn a~ ~ 1,S,~ ~~'~'Jff5~t't~~.:,Z{?;1$~
,...:,~ ;,'" ,';', ,': '.12ftor'4~'squarefeet"'.,..::".",: ,.';',:"'':-. ;.."...' ':'" ' ':'~'::'::':~:..,;:~.t~;.,\~~~~~:~;;>,;~~~~~~;"
, . ...~, .' : 2.." ',The si~{ordinance also'aiIo.ws oQe'~oiii1d Sign., I have asked S<<>tt)o}eUi'Q~~~;~t~:~;,~',~;~'~'~~:'~:'
:-' . i '.-: " ,... the old Liquor BarD sign"':( ~ '. '~'":,,,: : . :' , :..',., <.'?;' "~::':':', '~-~':.;'~~i'tf~(;'~,;},~~~:fJ~:~~~',
" .3. The sign ordinance prohibits roofsigitS:: .....': , '. : ,'"..', ", . ":<~~.,;::,;;::~~jt: ~',',::~":.~~~~.!,,
4. " ., Scott did apply for and receive a sign 'permit for the subject sign: . Th.e; ),';,''>;:.'~/:':~i\~ ~:;. ,::.,:}t~;{,
. ' ' application (see attached) indicat~' that th~ sign would be a wan sign iri 'i::".>:;/::' y~\~,''','~r ~:Y'{(.
. .'. . ('. . " . .'. ., ). . ~. ~. .... I .
:. '.. ComplianCe with the code, accordingly the permit ~as issu~..: '..,.,.' .. '.', .\'.:" ,:: :'~:,: ';~f~~~'; ::' '':''::Y:'::';::'"
'::, ' _ ' " " ..-' ',',' :' ,'.. " ',,'~.':". .i:'..',;:' ',,;~..: ';':' ..,., ,>..'((~/'
,"' .~ . '.... ~..{. '. ":.. . .. ':. :: ~
. ., .... t:.~': .,..~.~-.~ . ~~.
..' Unfortunately, a sigriificant issue in this matter 'is the definition ofwa/l and roof "My.,.::, ":; .-:, '~. ,,~' ;(:',
practice has been to request a sigri plan to clarify the request and avoid ' ..
miscommunication. Our codes do not require this, and to ease the perinit process fo(
a new businessman, I did not request a detailed plan. The sign was clearly in
compliance with the code, and I never anticipated any dispute as the meaning of wall
VS. roof It is my position that the sign is currently located on the roof, and thus
nonconforming. .. '
Scott and I have been discussing two basic solutions. First, relocate the sign to the
"wall." This lowers the sign and would cost some additional expense. Second,
remodel the roof such that the sign could be located on a wall in that location.
Attached is a picture of a vernacular architectural design that would locate a wall in
the area where Scott hopes to place his sign. This, of course, causes some additional
. expense related to construction of a new roof
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. As I am new to the community, I hope to address this matter in a manner consistent with
community philosophies. Code enforcement is only successful when the codes are well
written, fair, and supported generally by the community. Thus I am seeking guidance
and direction from the Board. The following are a series of options that are available:
1. Confirm the interpretation of wall/roof and require the sign to be relocated to
a wall. The relocation could include remodeling the roof to include a wall that
may allow similar sign placement.
2. Reconsider definition of roof, concluding that the current location is a wall,
and thus in compliance with the sign ordinance.
3. Grant a variance pursuant to the new business section of the sign ordinance
(see attached). This allows the board to grant a variance to the sign code for
temporary signage for up to a two year period. If this was provided, I would
suggest provision of a bond to ensure proper removal after the period expires.
The consideration of this issue must also include a broader policy perspective. It is
critical that a sign ordinance provide a "level playing field" among businesses. As in the
SafewaylFraser Drug discussions, a local competitor to this business is very interested in
the outcome of this matter.
.' The removal of the old Liquor Barn sign must also be addressed to provide compliance
with the sign ordinance. In addition to the limitation to only one ground sign, the
prohibited sign section of the code specifically requires removal of signs erected by
previous occupants. The owner of the Arby's site is currently in the process of removing
the signage per town direction due to this provision.
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True Value Facility
Granby, Colorado
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'Ul::JVLGI)' v......... --....--
hundred and forty (l40) days per calendar year, only
. after notifying Town staff. Any business that fails to
notify the Town staff shall be ineligible to display
banners for the remainder of the calendar year, and
shall be issued a citation to municipal court. In
. addition, any business which displays a banner above
and beyond the 140 day period will ineligible to
display banners for the remainder of the current and
next calendar years, and shall be issued a citation to
municipal court. Any business proprietor shall have
the option of purchasing a banner permit concurrently
with the renewal of his/her business license. Permits
shall be'issued for the use of banners in locations
which will not cause unreasonable annoyance or
inconvenience to adjoining property owners and/or the
public. Banners must be placed in such a manner that
they will not be blown down, in whole or in part, and
m~~t RP- sfTufP-d Rrn~{rt* and np-a~. Bygoers mu~t be
a ac ea a ag 1.n e S1ae 0 bU1 1ng or ence.
Suspended or freestanding banners are not allowed.
Banners are not permitted on a vehicle. Banners must
be removed immediately if damaged or in disrepair.
Banners can not exceed fifty (50) square feet in area,
and must be professionally manufactured. The Fraser
Town Board reserves the right to call any business
before the Board regarding apy specific banners that
violate community standards and/or violate the overall
intent of the Fraser sign, code.
(iv) Special Permit by the Board of Trustees: The Board of
Trustees may vote to extend the duration of a temporary sign
.' permit upon receipt of such request in writing seven days
prior to the next regularly scheduled Board meeting or upon
request of the Town Manager.
(v) New Businesses: In an effort to promote new business
ventures in the Town of Fraser, the Town Board may grant
variances to the sign code regarding temporary signage fo~ a
two year period. This two year period will commence on the
opening day of business. Anyone interested in obtaining a
sign code variance shall make a written request 'to the Board
of Trustees. The request must be submitted seven days prior
to the next regularly scheduled Board meeting. The Board
shall review the variance and make a decision to either
rant or deny the request. The decision by the Board of
Trustees shall be final.
(b) Temporary Signs NO permit required: "For sale", "for rentll,
or "garage or yard salell signs, if allowed in the respective
district, shall not require a permit.
( i ) For sale and for rent signs are regulated by district
elsewhere in this ordinance.
13-92
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TOWN OF FRASER
SIGN PERMIT APPLICATION
4ItrLL OUT ONE APPLICATION PER SIGN
rl~~t(lr wefIJJ ... , 72b~/161,
Telephone
1&'b-z.i f/L~V2... L?" $Ol(L{ l.
AddresG City or Town State Zip Code
LJ,'II.l4I .y'!.
Na~e of Contractor(erecting sign) Address Zip Code
R.()c,k~ f.,1tn - IJ,LuD Vl7J!f'~ 7;l/~ - jibS
Name of place/business sign is for Telephone
LOCAT!ON OF S!GN: /y,<b7.,1
Street Address Lot(s) Blk. Zone
~ Property Owned by Applicant ___ Leased by Applicant (attach lease)
TYPE OF SIGN: ___ Free Standing ___ Projecting ___ Ground ~ Wall
--- Banner ___ Campaign ___ Sandwich Board Drive Thru
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K- BUCl)L~ ~~~~a~/I.:B~U;;R~,~ i:':MJ. ~.~hU@Lrc/ Yel(,~/fi!<<<k
~pe of Advertisement(attach sketch) . n mater~l npp~ Color (C)
I /-z:. -3btl
Size of sign (height, width, tot. Size of letters
iJO'(€..1Ce.-k 250
T pe of Lighting store front Sq. ft. of building front
signs Type and numbers of existing signs
~OtJO
Setback(attach site plan} Date of Value of sign(inc. invoice)
[to.; 6'-2 _{)l~i
Sq. ft of landscape (attach plan) (Date}
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FOR TOWlc)~ ONLY Date Elec. permit issued
___ Fee paid ___Fee N/A
_ Sign Sketch ___ Landscape plan ___ Site inspection
o RMIT: ~APproved _ Denied _Sent to Brd. Date
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Issued/Denied By Permit valid until (Date)
Reason for denial/referred to Brd:
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"SI'1H1T~ l iF THE R.\.JCI--:IE-;'
August 11. 2000
Fraser Town Council
P. O. Box 120
Fraser, CO 80442
Dear Honorable Members of the Council,
As you know Bottle Pass Liquors has been a strong supporter of the town of Fraser
through its sales tax (;ollection activity for many years. Only on the rarest of occasions
have we ever approached you asking for any considerations for our store. As all of the
community is aware, a new liquor store has opened on Highway 40 and they are
displaying an unusually high amount of visible signage.
We are particularly interested in the sign that has been placed on the roof. We were
unaware that such signs could be placed within the city limits of Fraser. That is probably
our fault for not having closely reviewed the sign codes. Perhaps they have changed
since we opened our business. We are also aware of the fact that over the last several
months you have been besieged with a variety of sign code variance requests. So
therefore it is difficult for us to bring this burden to you once again. However we would
.' like to have the same competitive advantage as our new neighbor and as such are
appealing to you to allow us a variance to place a sign on the roof of the Alco Center
which would have greater visibility than the present signage which we are restricted to.
We are only asking to be placed on the same playing field as that of our competition and
hope that you will see this request in that light.
We wish to continue to be a strong viable sales tax collection entity for your town and
provide you the funding you need to continue to grow. We feel this is essential to our
continued success and hope you will deliberate on it seriously and give a variance in our
favor.
On a more personal note, I am somewhat surprised that the town is comfortable having
the introduction to your community be a giant liquor sign. Even if we were to be in the
business in that location, I am not sure I would want the town of Fraser to be introduced
with such signage to the initial visitor coming from the Winter Park direction. Perhaps
some additional thought should be given to how this appears to the average traveler
through our community and the immediate impact it might give one when entering into
the town.
If this is to become the focal pOint of the town of the future I think these types of displai'
ads should be considered very carefully as to their visual impact to our town. Thank you
very much for taking the time to consider this,
Very Truly Yours,
. C~ - c::=--- ~
Michael A. LaPorte, Treasurer
MAL:cd
I' l) 1;",1->21, I r.I'.,'r (,U ..,~44L ( ~r1 q.~ ~(\
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September 15, 2000 ORAFT
District Engineer
Army Corps of Engineers
Sacramento District
1325 J Street
Sacramento, CA 95814-2922
RE: Public Notice Number 200075318
Dear Corps:
. Thank you for the opportunity to comment regarding the Wetland Permit Application,
Maryvale East Project. Fraser has a very strong commitment to environmental and water
quality issues and we look forward to partnering with you on this Application, as we have
with other Corps approvals,
On January 13th of this year, Fraser requested that the Corps work with us to create a
Special Area Management Plan for the Town's incorporated boundary. As of yet, we
have not heard from the Corps regarding this request. Given this, Fraser's comments
regarding the Maryvale East project focus only on east side impacts and the submitted
Application.
Fraser's primary interest in the Wetland Permit Application relates to its impact on the
health, safety, and welfare of the Town's residents and guests. For the most part, the
Application follows that which was discussed by the Developer/Applicant during land-
use review and discussion relating to the first filing of the East Mountain development.
The East Mountain area includes approximately 443 acres, of which approximately 60.5
acres have been identified as wetlands. A large portion of these wetlands, 55 acres, has
been deeded to Fraser as part of a 57 acre "linear park" surrounding the Fraser River,
joining a separate 55 acre parcel the Town secured title to in 1998 stretching to the north
along the Fraser River (see Exhibits A & B). As the 57-acre linear park is protected by
deed to remain natural, the Town focused its review on the remaining and approximate
. 5.5 acres and upon section 3.3 of the Application.
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. Page Two DRAFT
Public Notice Number 200075318
East Mountain Wetland Permit Application
Section 3.3.1. Wetland 1:
As mentioned above, a majority of Wetland 1 was deeded to the Town and is to remain
natural. When the linear park was deeded to the Town, the Developer/Applicant secured
easements rights through this area for infrastructure. The Application submitted to the
Corps mostly follows and compliments Fraser's East Mountain land-use approvals in that
all utility crossings are represented in the areas defined in the final plat and the deed.
However, the Application includes a "Preferred Bridge Plan" that is consistent with the
final plat approval, though it is not the Applicant's preferred alternative. The Town's
preferred alternative is identified in the plan as "Alternative Bridge Plan #2" as it was this
plan that was approved in the final plat. The difference between the alternatives is that
the Applicant's preferred alternative calls for the construction of one bridge, whereas the
Town's preferred alternative calls for the construction of two bridges. While the Town
and Developer have agreed to a phased installation of the second bridge, the first bridge
must be installed promptly for health and safety reasons.
Fraser's preferred alternative is based upon the need for a second access to the East
. Mountain: reliance on a single access point for an approximate 700-unit subdivision is
simply inadequate. However, the Town's actual preference is that another secondary
access elsewhere in the development will be identified -- thus eliminating the need for
two bridges in the proposed location. So far, the Town and applicant have been unable to
secure this second access, but we are working diligently for this goal.
The Town of Fraser requests and encourages the Corps approve Alternative Bridge Plan
#2 as part of this Wetland Permit Application. It appears that, according to Figure 8
(sheet 1 of 10, Alternative Bridge Plan #2), Alternative Bridge Plan #2 impacts .01 acres
less wetlands than the Applicant's preferred alternative, and it provides improved access
to the East Mountain. However, portions of the wetlands and aquatic habitats identified
in Figure 8 look as if they are more aligned with development occurring in Maryvale
Planning Areas 12E and 13E, and not related to the road and bridge construction serving
East Mountain development located east of the Fraser River. If this is true, Alternative
Bridge Plan #2 impacts even less wetlands than shown, and there are additional wetland
impacts that should be shown in a separate (and new) figures more accurately identified
as "Preferred Development Area" and "Alternative Commercial [Development] Plan" for
Maryvale Planning Areas 12E and 13E.
Wetland #1 also includes 2.19 acres of impacted wetlands in Maryvale Planning Area
14E. Due to the short turn-around time between receiving this Application and the date
on which comments are due, we have no comments relating to this section, other than
. stating, again, that the Application follows and compliments Fraser's East Mountain
land-use approvals to date. The Fraser Town Board will discuss this particular wetland
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. Page Three DRAFT
Public Notice Number 200075318
East Mountain Wetland Permit Application
impact at its next meeting on Wednesday, September 20th, and request that the Corps
accept any additional comments made by the Fraser Town Board after the comment
period identified by the Corps in Public Notice Number 200075318.
Section 3.3.2. Wetland 2:
Due to the short turn-around time between receiving this Application and the date on
which comments are due, we have no comments relating to this section, other than
stating, again, that the Application follows and compliments Fraser's East Mountain
land-use approvals to date.
Section 3.3.3. Wetland 3:
Due to the short turn-around time between receiving this Application and the date on
which comments are due, we have no comments relating to this section, other than
. stating, again, that the Application follows and compliments Fraser's East Mountain
land-use approvals to date.
Section 3.3.4. Wetland 4:
Due to the short turn-around time between receiving this Application and the date on
which comments are due, we have no comments relating to this section, other than
stating, again, that the Application follows and compliments Fraser's East Mountain
land-use approvals to date. However, we would appreciate knowing the total acreage
within Wetland 4.
Other thoughts, some of which deal with wetland impacts, some of which deal with
information provided in the Application:
. Results from the boreal toad additional survey conducted in July 2000 should be
requested by the Corps (page 9).
. The Applicant states that approximately "750 dwelling units are projected to be
constructed" in the East Mountain: this compares to land use entitlements of
1410 dwelling units and 288 lodging units approved by the Town of Fraser in
1998 (page 10).
.
.,
. Page Four DRAFT
Public Notice Number 200075318
East Mountain Wetland Permit Application
. Section 4.1.2 ofthe Application states that a "secondary gated emergency access
will be provided in a later phase from planning area 7 through High Country
House (sic) Condominiums" (page 10). This assertion and access may be
subject to legal challenge and may, or may not, be approved by the Fraser Town
Board as an acceptable secondary access.
. Section 4.1.4 ofthe Application states that each planning area will "have a
minimum of 20% open space," a requirement of the Maryvale Annexation
Agreement. The East Mountain Filing #1 has only 13% dedicated public open
space - a variance approved by the Fraser Board of Trustees.
. Improvements to the reservoir as stated in Section 4.1.6, and specifically the
head-gate diversion, are applauded and encouraged by the Town, as this will
provide a long-term environmentally sound solution to reservoir supply.
. Section 4.2.1 of the Application states, "covenant agreements will be developed
to prevent the land owners from impacting these wetlands" (Page 12 and
referring to wetlands on individual, private lots), This language was not
included in the covenants submitted and approved by the Fraser Board of
Trustees as part of the East Mountain Filing #1 review.
. . Section 4.3 ofthe Application states that, "A traffic light would be installed at
the junction of U.S. Highway 40 and the Rendezvous Road to the project site,
and excel-decellanes would be added." (page 15) While this signal is probable,
it is supposition by the Applicant to state it in this way. It is also unknown if the
intended decellane would impact additional wetlands at Leland Creek, which
could require additional mitigation.
. Section 4.3 goes on, "Creation of a minimum of 144 and up to 254 affordable
housing units is a public interest feature..." (page 16) The Planned District
Development Plan approved by the Fraser Board of Trustees anticipates that
these affordable units will be constructed on the west side of the Maryvale
development, not the east side.
. Access to the Arapahoe National Forest has been already secured with a
temporary easement, and will be secured by a permanent easement no later than
October 31,2000, making the statement"... the trail system would not extend to
the Arapahoe National Forest..." in Section 6.1.3 erroneous.
Many of the "other thoughts" may appear harsh in light of the ApplicantJDevelopers
good relationship with the Town of Fraser. They are not intended to reflect negatively on
the Application and/or the ApplicantJDeveloper, but are noted as the Corps Application
process and this letter, are part of the public documents relating to land-use within the
Town of Fraser.
. Once again, thank you for the opportunity to comment. The Town of Fraser is looking
forward to hearing the Corps decision on the application.
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. ' .
. Page Five DRAFT
Public Notice Number 200075318
East Mountain Wetland Permit Application
Sincerely,
Chuck Reid
Town Manager
cc: Mayor Soles and Members of the Fraser Board of Trustees
Michael Claffey
Western Colorado Regulatory Office
US Army Engineer District, Sacramento
402 Rood Avenue, Room 142
Grand Junction, CO 81501-2563
Jack Bestall, KOELBEL AND COMPANY
.
.
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.
MEMORANDUM OF AGREEMENT
This memorandum of agreement dated September 15, 2000 confirms the understanding and
agreement ofthe Town of Fraser (referred to herein as the Town or Fraser), acting by and
through its undersigned Town Manager, and James E. Tucker (referred to herein as Tucker), the
undersigned employee.
The Town and Tucker have mutually agreed to terminate Tucker's employment with the Town
effective 9/15/00. It is further agreed that termination of Tucker' s employment shall be deemed
to be a resignation by Tucker from his employment. Tucker acknowledges that he has voluntarily
. and knowingly resigned from his employment and does hereby waive any and all claims he may
have against the Town and its agents and employees arising from or in relation to such
employment, accept for the severance provision set forth in this agreement.
The Town has agreed to pay severance benefits to Tucker as follows:
Date Pay
September 29,2000 $1600 (net)
January 5, 2001 $7650 (net)
January 4, 2002 $7650 (net)
The term "net" means after all applicable state and federal taxes have been paid.
In the event that Tucker dies during the timeframe defined by the severance benefits (and this
agreement), any and all unpaid future severance benefits shall be cancelled.
To the fullest extent permitted by law, both parties agree that the terms of this agreement shall not
be disclosed to anyone other than authorized representatives of the Town, except both parties
may disclose that Tucker resigned from his employment.
. This document shall be controlled by Colorado law. If any part of any provisions contained in this
Agreement is declared unlawful, invalid or unenforceable, the remainder of the Agreement shall
not be affected and will continue in effect.
The parties, with their signatures, execute this Agreement effective on the date set out below.
...
. DATED: September 15, 2000
BY:
James E. Tucker
ST ATE OF COLORADO )
) SS.
COUNTY OF )
SUBSCRIBED AND SWORN TO BEFORE ME ON , 2000, by
James E. Tucker
NOTARY PUBLIC
SEAL
My Commission expires:
DATED: ,2000.
. BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Town Manager
ATTEST:
Virginia Winter, Town Clerk (TOWN SEAL)
.
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