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Home My Public Portal AboutTBP 1998-10-21 , . . . 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 OCTOBER 21, 1998, 7:30 p.m. TOWN BOARD AGENDA REGULAR MEETING 1. Roll Call . 2. . Approval of 10/7/98 minutes 3. Open Forum a) Improvement Awards b) Stuart Huster, Grand County Housing Authority 4. . Public Hearings - none :..,\' , , 5. Action Items '; " a) Resolution ----J approving an intergovemnumtal agreement that C?reates a combined communications center serving aU of Grand County. ." b) Final approval, Town of Fraser - Fraser Cemetery Association Subdivision Exemption Plat c) Ordinance ~ providing for the conv~ance of a tract ofreaI property and a view easement to the Fraser Cemetery Association. ' 6. Discussion Items - none 7. Staff Choice a) Wtlson/Pascal request b) Identifying dates for future budget and planning discussions c) Project update list 9. Board Choice Upcoming Meetings October 28th: Planning Commission regular meeting November 4th: Town Board regular meeting November 11th: Planning Commission special meeting, if needed November 18th: Town Board regular meeting . . 1998 IMPROVEMENT AWARDS BUSINESS: $125.00 Gift Certificate at Cold Springs Greenhouse Most Attractive Business: Crooked Creek Saloon - Tim & Jill Kinney RESIDENTIAL: $125.00 Gift Certificate from Town of Fraser for a tree of their choice Most Attractive Residence: Nat Havens Most Improved Residence: Mr. & Mrs. Stanley Brooks The following awards have been ltUliled: HONORABLE MENTION $15.00 Gift Certificate at Fraser Fruit & Flower BUSINESSES: Ski BrokerNalley Board & Bike - Paul Jones Mountain Printer - Alex Graham Fraser Valley Center - John Bartlett, ConAm Mountain Recovery - Ingrid Karlstrom Byers Peak RestaUTant/Bed & Breakfast - Bill & Lisa Faraklas Whistle Stop Bed & Breakfast - Susan Stone & Warren Watson Fraser Valley Ace Hardware Sharkey's Eatery Byers Peak Veterinary Clinic HONORABLE MENTION $15.00 Gift Certificate at Fraser Fruit & Fower RESIDENCES: Bob & Lucille Morrow Cindy & Tim Connelly Hal O'Leary Bill and Lisa Faraklas Marlene Schnydrig ýÿ , . . Don & Claudia Bonomo Helen Howell Alex & Cynthia Graham Paula Sheridan Chuck and Elsie Clayton Edna Tucker Ed & Rusty Boudreaux Delbert & Betty Roberts Duane & Marianne Roberts Jerry Bickle Motor Coulson Lois Macklberg Steve Baker & Laura Nash Divide Condos - Rick Connor Harold and Helen Smith Lois Clayton Nancy Waltz Ed & Sue Jackson Sun River Condos Laura Barnhart C.B. Jensen Pete & Margaret Faciszewski Don Manly ýÿ . .. . . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Une: (970) 726-5518 Manager's Briefing: October 19, 1998 Wednesday night we honor Fraser's gardeners and landscapers with our annual pro~rty improvement awards. 1998 honorees are attached. After the festivities, Stuart Huster, Fraser's appointee to the Grand County Housing Authority Will update the Board on the Authority's activities and the Board can discuss their concerns and issues regarding housing with Stuart. Action Items IIi September, theTovm entered into an intergovernmental agreement,to continue the operation ofthci E-911 Au$,ority.Now; you are being asked to enter into anoth~r lOA that will create a . Combined Communications' Center serving all of Grand County. TIris.Center will provide "dispatch" services for al emergency services in Grand County and will replace the current system which has been operated by the State (who are moving the dispatch ~nter from Hot ,." Sulphur Springs to Craig and beginning to charge for this service). ,c Wrinkles on the Fraser - Fraser Cemetery Association Subdivision Exemption plat have been ironed-out and it is ready for final approval by the Board, as is an Ordinance conveying iand and an easement to the Cemetery Association. It will be good to have this behind us. Staff Choice I have discussed the WilsonJPascal request with Mercy Housing and they have committed to buying the hardware needed to install a wet-well in the WilsonlPascal driveway. Does the Board want to commit the staffing for installation? Engineering and operating expenses still need to be discussed Enclosed are two communication forms: one focuses on "Big Project Status" and one tracks "Requests for Information." I'd like to talk about these on Wednesday as a follow-up to our discussion last week. Specifically, I'd like to discuss what qualifies something for making a list (or project) and what qualifies as causing a change in the status? Real-life examples will be used. Ciao! . . TOWN OF FRASER RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING A COMBINED COMMUNICATIONS CENTER SERVING GRAND COUNTY. WHEREAS, the Town of Fraser and all Grand County entities that provide emergency services for their constituents are being asked to jointly create a combined communications center whose primary responsibility will be the dispatching of emergency services; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: 1. The Mayor is authorized to sign the intergovernmental agreement attached as Exhibit 1. MOVED, SECONDED, APPROVED AND ADOPTED THIS DAY OF OCTOBER, 1998, THE ROLL CALL VOTE BEING AS FOLLOW: For: Against: Abstain: FOR THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO TOWN OF FRASER By: Mayor Attest: Town Clerk . . M E M 0 R A N D U M To: Grand County Communication Users From: Chris G. Broady Date: Sep~rnber22, 1998 Subject: Combined Communications Center Inter Governmental Agreement Attached is the Combined Communications Center Inter Governmental Agreement. This is to replace the Memorandum of Understanding dated May 19, 1998 There are two attachments to show the percent of participation (Attachment A) and the 1999 annual budget(Attachment B). These are the same as the Budget request you have already received. Attachment A is figured on a five year average and will be reviewed every five years. Attachment B is the annual budget for 1999. This is the only part of the contract that will be replaced and approved on an annual basis. For the following years, Attachment B will be provided during the yearly budget hearings, for approval and signature. The new attachment B will then become part of the overall contract. Would you please review this IGA and advise me of any comments before October 30th. This will need to be signed on or before November 30th 1998. If there are any formal meetings that you would like Sheriff Johnson or me to attend to answer any further questions, please let me know. Thank you, M Chris FROM THE DEsK OF_ CHRIS G. BROADY COMMUNICATIONS DIRECTOR GRAND COUNTY SHERIFF'S DEPARTMENT 670SPRlNoSTREE'r P.O. Box 48 HOT SULPHUR SPRlNOS, CO 80451 (970)725-3343 Fax: (970)725-3227 . . GRAND COUNTY INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATION OF A COMBINED COMMUNICATIONS CENTER This agreement, made and entered into this day of 1998, by and b.etween the following parties (hereinafter referred to as the parties) : The Board of County Commissioners of the County of Grand, a body politic and corporate hereinafter referred to as "County~" the town of Winter Park, a municipal corporation, hereinafter referred to as "Winter Park;" the town of Fraser, a municipal corporation, hereinafter referred to as "Fraser;" the town of Gran by, a municipal corporation, hereinafter referred to as "Granby;" the town of Grand Lake, a municipal corporation, hereinafter referred to as "Grand Lake;" the town of Hot Sulphur Springs, a municipal corporation, hereinafter referred to as "Hot Sulphur Springs~" the town of Kremm1ing, a municipal corporation, hereinafter referred to as "Kremmling;" the East Grand Fire Protection District # 4, hereinafter referred to as "East Grand Fire~" the Grand Fire Protection District, hereinafter referred to as "Grand Fire;" the Hot Sulphur Springs-Parshall Fire Protection District, hereinafter referred to as "Hot Sulphur-Parshall Fire;" the Grand Lake Fire Protection ,-, .. _. - --* -- . ---. -- - . ... DiStrict hereiDafter referred to as "GraiulLake'Fire;" the Kreinmling Fire Protection District, hereinafter referred to as "Kremmling Fire", the Grand County Emergency Telephone Service Authority, hereinafter referred to as "GCETSA", and the Grand County Sheriff, all the above named entities within the state of Colorado. WITNESSETH WHEREAS, C.R.S. 29-1-203(1) and (2) provide as follows: Governments may cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting units, including the sharing of costs, the imposition of taxes, or the incurring of debt, only if such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve. Any such contract shall set forth fully the purposes, powers, rights, obligations, and the responsibilities, financial and otherwise, of the contracting parties. 1 . . WHEREAS, the purpose of this intergovernmental agreement is to finance, at the lowest possible cost while still providing the necessary adequate services, the construction, furnishing, equipping and operation of a "Combined Communications Center", hereafter "Center", for the purpose of answering emergency and non emergency calls for Public Safety services and dispatching the appropriate agencies to respond to the calls within Grand County; and WHEREAS, the County is willing and able to furnish the space necessary for the Center within the Grand County Jail; and WHEREAS, the Grand County Sheriff is willing and able to obligate himself to supervise the construction, furnishing, equipping and operation of a Center to be located within the Grand Coun.ty Jail; and WHEREAS, the parties are willing and able to obligate their respective political subdivisions to finance annually the construction, furnishing, equipping and operation of a Communication; and NOW THEREFORE, in consideration of the foregoing premises, and the mutual covenants herein contained, it is agreed by and between the parties hereto as follows, 1. TERM. The term of this agreement shall be from January 1, 1999 to and including December 31, 1999. This agreement shall, without further agreement of the parties but subject to the necessary annual appropriation by each of the parties, renew annually without the necessity of further action by any party unless otherwise terminated according to its terms. 2. SERVICES. A. In consideration of the initial payments set forth herein by each of the parties and in consideration of the future payments by each of the parties agrees to provide the following services in connection with the operation of a Center: 1. Supervise the initial constructing, equipping, and furnishing of the Center. 2. Designate and provide a space in the Grand County Jail Building for the Center. 2 ýÿ . . 3. Hire, supervise and provide a 24 hour per day, 365 day per year statT for the Center. B. The personnel employed under the tenns of this Contract shall at all times be considered Grand County Sheriff's Department employees and not employees of the other parties. C. The Grand County Sheriff shall be solely responsible for the supervision and operation of the Center and is hereby delegated by all parties the sole authority over the day to day operation of the Center. 3. PAYMENT. A. The parties agree to share the costs of the Center based on the percentages as shown on Attachment A, hereto. B. For the first term of this agreement each party agrees to pay the amount set forth on Attachment B payable in three (3) installments one-third (1/3) on or before April 1, 1999 and one-third (1/3) on July 1, 1999 and one-third (1/3)_on October 1, 1999. For all subsequent terms of this agreement each party shall pay their share due in two (2) equal installments payable one-half (1/2) on the first of January and one-half (1/2) on the first of July of each year. C. Annually, on or before October 15 of each year during the initial term of this agreement or any renewal term, the Grand County Sheriff shall proyide a proposed budget to each of the parties. Unless notice is given to the Sheriff in writing on or before December 15th of each year by the applicable party, each party will be deemed to have agreed to pay their respective share of the proposed budget according to percentage set forth on Attachment A. D. Under no circumstances shall the County or the Sheriffbe obligated to advance or loan any funds for the use of the Center. Under no circumstances shall the County or the Grand County Sheriffbe liable to any other party for any shortfall in the annual budget for the Center unless as a result of malfeasance. 3 ýÿ . . E. All funds received by the County for the Center shall be maintained as a separate fund under the control and supervision of the Grand County Sheriff. F. Nothing contained herein shall prohibit the Grand County Sherifffrom submitting a request for supplemental contributions, but nothing contained herein shall require any party to pay the amount requested. G. Exhibit A, shall be reviewed every five (5) years by the parties and if necessary, modify to reflect the actual usage by each party. H. No party shall be liable to any other party for damages or attorney's fees as result ofa breach of this agreement by any other party. All parties agree that the sole remedy for a breach of this agreement by any party is a suit for a specific performance by any party to this agreement. 4. TERMINATION. A The parties agree that each party is relying on every other party to pay their share of the costs on an annual basis and to that end all parties agree that this agreement may only be terminated by a party on an annual basis on or before January 1 of each year according to the terms of the conditions set forth herein. B. Any party may withdraw from this agreement effective December 31 of each year by giving notice to the Grand County Sheriff on or before September 15th of that year. C. In the event any party withdraws from this agreement by giving notice as provided for above, this agreement shall terminate, unless all remaining parties agree to the proposed budget on or before the 15th day of December. D. Anything else in this agreement not withstanding all funds payable Pursuant to this agreement or any renewal of this agreement are subject to annual appropriation by each party. 4 . . 5. GOVERNMENTAL IMMUNITY. Nothing contained herein shall constitute a waiver by the parties of the provisions of the Colorado Governmental Immunity Act. 6. ENTIRE AGREEMENT. This Contract and any agreement or document referred to herein, constitutes the entire understanding between the parties with respect to the subject matter hereof and all other prior understandings or agreements shall be deemed merged in this A:greement. Any amendment to this agreement must be in writing and signed by all parties. 8. AUTHORIZATION. Each signator to this agreement represents that he or she has been authorized by their respective legislative bodies to sign this agreement on behalf of each party. In witness whereof the parties have signed this agreement and dated thereafter. 5 . . ATTEST: Grand County Commissioners Chairman, Board of County Commissioners (Date) Winter Park Mayor, Town of Winter Park (Date) Fraser Mayor, Town of Fraser (Date) Granby Mayor, Town of Gran by (Date) Grand Lake Mayor, Town of Grand Lake (Date) Hot Sulphur Springs Mayor, Town of Hot Sulphur Springs (Date) Kremmling Mayor, Town ofKremmling (Date) 6 . ýÿ ATTEST: . . East Grand Fire Chairman, Board of Directors (Date) Grand Fire Chairman, Board of Directors (Date) Hot Sulphur-Parshall Fire Chairman, Board of Directors (Date) Grand Lake Fire Chairman, Board of Directors (Date) Kremm1ing Fire Chairman, Board of Directors (Date) GCETSA President (Date) APPROVED: Grand County Sheriff's Department Rodney D. Johnson (Date) 7 . ATTACHMENT "A" . These percentages are based on a five year average, 1992 through 1997, of calls for service within the jurisdictional boundaries of each entity. The percent of participation will be reviewed every five years. ENTITY PERCENT OF PARTICIPATION Grand County 32.00% GCETSA 33.00% Town ofWmter Park 9.00% Town ofKremmling 7.00% Town of Gran by 5.50% Town of Grand Lake 4.50% Town of Fraser 4.50% Town ofHSS 1.50% East Grand Fire 1.50% Grand Fire 0.50% Kremmling Fire 0.50% Grand Lake Fire 0.50% HSS-Parshall Fire 0.00% Total 100.00% 8 ýÿ . ATTACHMENT "8" . OPERATING COSTS FOR GRAND COUNTY COMBINED COMMUNICATIONS CENTER 1999 BUDGET . Following is information showing the costs per entity, based on their percentage of participation, associated with a Grand County Combined Communications Center. There is a minimum fee of $ 500 per user. The $500 minimum was subtracted before the percentages were applied. ENTITY COST County $116,640 GCETSA $120,285 Town of Winter Park $32,805 Town ofKremmIing $25,515 Town of Gran by $20,047 Town of Grand Lake $16,403 Town of Fraser $16,403 Town ofHSS $5,468 East Grand Fire $5,468 Grand Fire $1,822 Kremmling Fire $1,822 Grand Lake Fire $1,822 HSS-Parshall Fire $500 Total Revenues $365,000 9 . . QUITCLAIM DEED (Fee Simple De~erminable) THE TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado ("Grantor"), as a gift for a public purpose without consideration, hereby grants and quitclaims to the FRASER CEMETERY ASSOCIATION, a Colorado nonprofit corporation ("Grantee"), whose address is P.O. Box 426, Fraser, Colorado, 80442, the following real property in the Town of Fraser, County of Grand, and State of Colorado, to-wit: Cemetery Tract, Tract B, Town of Fraser - Fraser Cemetery Association Subdivision Exemption, according to the plat thereof recorded at Reception No. of the Grand County records (the "Cemetery Tract"); TOGETHER WITH a view (building height restriction) easement over a portion of Amended Lot 1, Block 1, as shown on said plat, such that no building or improvement shall be constructed by Grantor within such easement which exceeds the benchmark elevation of 8,656.5 feet above sea level (based upon an elevation of 8,574.0 feet at the U.S.G.S. benchmark in the Fraser Town Hall foundation); EXCEPTING AND RESERVING unto Grantor, its successors and assigns, a permanent access easement along the northerly boundary of said Cemetery Tract, as shown on said plat, for occasional ingress and egress to and from Amended Lot 1, Block 1, by construction, maintenance and emergency vehicles, and in no event ever to be used or maintained as a driveway for residential or business purposes; with all its appurtenances, so long as said Cemetery Tract is used by Grantee only as undeveloped open space for the cemetery located on the adjoining property described in the deeds recorded at Reception No. 138886 (Book 219 at Page 202) and Reception No. 96008814, Grand County records, with no buildings, grave sites or other excavation or development to be constructed or to occur on ~aid Cemetery Tract (except for necessary excavation and/or improvements upon the access easement herein reserved), so long as said adjoining property is used only as a public cemetery, and so long as said Cemetery Tract is not sold or transferred separate from said adjoining property owned by Grantee, and no longer. If Grantee shall ever cease to use said Cemetery Tract or the adjoining property for such purposes or if said Cemetery Tract is sold or transferred separate from said adjoining property, then and in that event, title to said Cemetery Tract and the view easement conveyed hereby shall revert to Grantor. This Deed is intended to convey only a fee simple determinable interest to Grantee, with a possibility of reverter retained by Grantor. Said Cemetery Tract and all appurtenances are transferred and conveyed to Grantee "as is" and "with all faults"; and Grantor makes no warranties or representations, express or implied, as to its title, condition or state of repair, including without limitation any warranties of merchantability, habitability or fitness for a particular purpose. ýÿ . . This Deed is made and executed by the Town of Fraser pursuant to and in accordance with the provisions of Section 31- 15-713, Colorado Revised Statutes, as amended. SIGNED THIS day of , 1998. GRANTOR THE TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado BY: . Jeff Johnston, Mayor ATTEST: (TOWN SEAL) Virginia Winter, Town Clerk STATE OF COLORADO ) ) SS COUNTY OF GRAND ) The foregoing Quitclaim Deed was acknowledged before me this day of , 1996, by Jeff Johnston, as Mayor, and Virginia Winter, as Town Clerk, of the Town of Fraser, COlorado, a municipal corporation of the State of Colorado. Witness my hand and official seal. My Commission expires: (S E A L ) Notary Public -2- c: \wp\FRASSR\Cemetery Assoeiation\DEED-FCA2. WPD ýÿ . . . TOWN OF FRASER ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE CONVEYANCE OF A TRACT OF REAL PROPERTY AND A VIEW EASEMENT TO THE FRASER CEMETERY ASSOCIATION. WHEREAS, the Fraser Cemetery Association was organized as a nonprofit corporation and is the owner and operator of the property now used and known as the Fraser Cemetery, a public cemetery located on County Road 72; and WHEREAS, the Fraser Cemetery Association wishes to acquire ownership of an adjQining tract now owned by the Town of Fraser, to be used as undeveloped open space, and has proposed that the Town make a gift of such tract to the Association, together with a view easement over other property owned by the Town; and WHEREAS, the Board of Trustees believes that the public interest would be served by such a conveyance, subject to a possibility of reverter to the Town if the Association ceases to use said property for its intended purposes or if it ceases to own and operate a public cemetery on the adjoining land; and WHEREAS, the Board of Trustees hereby fmds and determines that said property to be conveyed to the Association is not being used or held for any governmental purpose of the Town of Fraser, and that the gift of said property to the Association is for a public purpose. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: SECTION 1. The Board of Trustees hereby approves and authorizes the conveyance the following real property located in the Town of Fraser, County of Grand, and State of Colorado, to-wit: Cemetery Tract, Tract B, Town of Fraser - Fraser Cemetery Association Subdivision Exemption, according to the plat thereof recorded at Reception No. of the Grand County records, to the Fraser Cemetery Association, together with a view easement across the adjoining property owned by the Town, upon the terms and subject to the conditions provided in the Q"ittlAIl'\Bargaia and Sale Deed presented to and reviewed by the Board. The Mayor and the Town Clerk are authorized to execute and deliver said B~rgain and Sale Deed to the Fraser Cemetery Association to effectuate such conveyance. Q\Ji~ tl'I'VV\ . . SECTION 2. The Board of Trustees finds and determines the conveyance of said real property, as authorized by this Ordinance, is made pursuant to the provisions of C.R.S. 31-15- 713, and that all requirements of said statute have been complied with. SECTION 3. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS day of ,1998. BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Jeff Johnston, Mayor ATTEST: (SEAL) Virginia Winter, Town Clerk Published in the Winter Park Manifest on , 1998. -2- C:\WP\FRASER\Cemetery Association\Ordinance2.wpd JIlM~,^~ A!J do-t Bie: Proiect Status Mustang remediation System in place to remediate site; operating April - November; reimbursements in progress. records management and codification Codifiers being interviewed Walk Through History Park 501-C-3 Board appointed & meeting; beginning process to apply for first grants . Planning Area 28 use Initial design discussed with Jim Swanson, Town Engineer; additional design work planned in 1999. drainage/paving project Approved by voters in April 1998; phase 1 design (west ofRR tracks & Wapiti to crest of hill) in progress, including surveying and soil boring analysis. Byers Vista SID & construction District formed by Board 1017/98; notice to proceed given to contractor on 1018/98. water meter installation ongoing water code update pending water system development fees (plant & resource) pending . MaryvaleIForest Meadows water request Direction provided from Board to negotiation team; meeting to be scheduled in late October, early November. wellfield protection and zoning amendments Six month moratorium placed on 1017/98; frantic research and drafting of special use process in progress. growth coordination project: Fraser's & IGAs pending St Onge parcel annexation and development Initial topographic survey and utility study commissioned ýÿ Grand County Housing Authority Formed by IGA in June; Board appointed Safeway redevelopment & lot 5 dedication Lot 5 dedicated on 10/16; after a summer construction hiatus, discussions with Safeway and Fraser began again in early October. "Old Library" redevelopment RFPs mailed in early October, due 10/30/98 Business park development pending . zoning code update pending . ýÿ PROJECT. doc ~(A~ ~ I~~"" p SI{^ ~l'ORT ~ DATE REOUEST BY WHOM ASSIGNED STATUS 1/3/96 Respond to Presbyterian's request for land RW CR Completed 113/96 Mixed use Definition MK CS/CR Completed 113/96 Pack River Trail CJ IT In Progress . 1/3/96 Increased Sheriff's patrol IT CR Completed 1/3196 Fraser Valley Center Delivery Parking IT CR Completed 1/1 0196 Provide Maryvale development plan AO/BS CS Completed 1/17/96 "Hernando's street light: what type? NH CS Completed 1/17/96 Clean graffiti on underpass Powers IT Completed 1/17/96 Provide Winter Park Ranch PUD NH,RW CS Completed 1/17/96 Request withdrawal of Winter Park Ranch PUD Board CR Completed 1/17/96 Legislator Breakfast Board CR Completed 1/17/96 Sealy Mattress semi-truck move date BS CR Completed . 1/17/96 US 40 Trail: Pack and plow? Board IT In progress 217196 Maryvale P A28 Mixed-Use uses RW CR Completed 217/96 Wolverine snow storage AO IT In progress 2/21 Recreation District Plans MK CR Completed 2/21 Shovel Roof NHIJJ IT Completed 2/21 Annexation Agreemenet options MK Staff Completed 2/21 ~exation Agreement SWOT MK Staff Completed . 2/21 Progress Ad Board CC Completed 2/21 Village at WPR Board CR Completed ýÿ , . . . BAKER, CAZIER AND l\1cGOWAN A Law Partnership or Proressional Corpo.....Uons .John L. BllliE'r, P.C'. 62~95 V.S. Highway.JO East Stalll~y W. CaziE'r. P.c. Box 500 Rodnt'y R. McGowan. P.C, Granby. Colorado 80446 Rod ~JcGowan Telephone: (970) 887-3376 m"'g:o'\Vanr(~:rk~TI\tnhl.:cm Fax: (970) 887-9430 FAX MEl\fO CONFIDENTIALITY NOTICE: The Information contained In this telecopy may be confidential andior privileged. This telecopy Is intended to be revIE'wed only by thE' Indh'ldualls) named below. If thE' rE'clplE'nt of this telecopy transmIttal page Is not the Intended recipient or an authorized representative of the Inlemled recipient. yuu are reque~led w prolllptly call us. cullet.1. alibI" lelephone number set forth above and return the original of this telecopy to us at the above address. Please do not read. copy. or disseminate this telccopy or the Information contained herein. To: Mr. Chuck Reid Fax: (970) 726-5518 Town of Fraser Phone: (970) 726-5491 From: Rod McGowan Fax: (970) 887-9430 Raker~ Cazier & McGowan Phone: (970) 8R7-:U76 Date: October 16, 1998 Time: 3:05 PM Pages: 3 Subject: Safeway MESSAGE I received the signed WalTanty Deed for Lot 5, a copy of which is attached. I will go ahead and record it with the Clerk and Recorder and send the original to you when it is returned. Congratulations on this addition to the To",;n's substantial open space holdings! : ':rp.!,',,~':-':Hr.E::~;'~?:~'.tH.: ýÿ , . . . WARRAH'l'Y DEED SAFEWAY INC., a Delaware corpora~ion ("Grantor"), fo:- the consideration of Ten Dollars (S10.00) and other good and valuable consideration, in hand paid, l1E:!reby sells and cor.veys to THE TOWN OF FRASER, COLORADO, a municipal corpora~ion o! ~he State of Colorado ("Grantee"), whose address P.O. Box 120. Fraser, Colorado, B0442, the following real property in t.he Town of Fraser, County of Grand and State of Colorado, to-wi t.: Lot 5, Safeway-Fraser Marketplace, according to the recordp.rl plat thereof, with all its appurtenances and warrants the title to the same, subject to general ad valorem real property taxes for the current and subsequent years; and subject to reservations, exceptions, restrictions, covenants and easemen~8 of record. SIGNED THIS 12th day of October , 1998. GRAN'tOR SAFEWAY INC., a Delaware corporation BY: L~5,~~ Titl e: ASBe. Vice Presidenc BY: ,I /'l ~ I, I.Jr"L~ ~ L;. 'bvl/Jr"~ t. ~ - - Titl e: Asst. SecretarY (COR PORATE SEAL) STATE OF ~ ) '. "",- ) 55 COUNTY OF ) The foregoing i~ument was acknowledged before me this day of ...... , 1998, oy , as- , a~ , as , of S~AY INC., a Delaware corporatio~. Witness my hand and OffiCia~~ (!JJ: &:tffJidl.cccJ My commission expires: "'" Wr/{\ltJc) ... ...... '.... , ( SEA L ) Nota ry l:'1;;bli~ \ L 'f1'I- \.... - . . . ACKNOWLEDGMENT ST ATE OF C;\LIFOR}.,1A ) ) S~. COLNTY OF ALAMEDA ) On October 12, 1998, hefore me. Sylvia. Burnett, Notary Public. personally appeared I.inda S. MacDonald and Jerome P. Harrison personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument WITNESS my hand and official seal. - SYLVIABURNE1i , ~~~Dflt CQMM #1122050 0 NOTAIlY Ill/8l.lc:-eAlll'OllHlA ~ Signature OOUNl\' OF AlAMB)A _ My Corrm &Pres.kll. 15. 2001 ýÿ , , . . . ~ yroifli Sept. 30, 1998 ' (JJA f!J., r>- Y \PJ \ '0 /1,.1 1'1> Board of Adjustments Town of Fraser RE: Request a 10 foot front yard set back. Lot 6, Block 1, Works hire Acres 215 Carriage Road Owner, Paula Sheridan A 10 foot variance from the front yard set back is being requested so that a garage may be built on the property. A 20 foot set back is required in the zoning code. This request is a result of the need to grant a 10 foot sewer easement to the Fraser Sanitation District for a sewer main located in the North side of my property. This main was placed on this property over 20 years ago. This summer the Sanitation District replaced the main and it was discovered that no easement has ever been granted. The house was built (1972) before the Town of Fraser had a Zoning Ordinance, and was situated' on the property so that at this point in time with consideration of the sewer easement on the north, and building code requirements, I have no option except to request this set back variance. The front property pins have been staked. Visually if you look in either direction to the other structures on my block, it appears that the placement of my proposed garage would not be out of harmony with the neighborhood. I appreciate your consideration on this request. Sincerely, Paula Sheridan ýÿ J . . . Sept. 30~ 1998 DEAR PROPERT\:" O\VNER: Pursuant to the To~n of Fraser Zoning regulations, property owners within 100 feet of a variance request shall be notified of such request and be amised of a Public Hearing for the consideration of such request. Please find enclosed the application for a variance. Also be advised that the Public Hearing has been set for: Should you have any comments or would like further information please contact the Town of Fraser at 97o-72~S491~ or P.O. Box 120, Fraser Co. 80442. ýÿ ., . . , . PUBLIC NOTICE Please be am.ised that the Board of Adjustments will consider a request for a variance of a 10 toot front yard set back at 215 Caniage Road. The hearing will be held at the Fraser Town H~ 153 Fraser Ave.~ Fraser Co. October 21, 1998 at 6:30 p.m. Interested parties are in"ited to attend. - V '! ~ 71 e. 'W. SIup McelellanJ '~ . \' T.lephoDe 887-3565 .lauJ SU1UJ.elf04 GRAN8Y. COLO. lox 188 ----.- 60'--.-- . Lo1 7 ~ I ~ ~ - ~ , ,~ ()::: - - ~ q CO ~ r-- ~ .. . ._.____...__n.._.. . J2Q.Q._ ~ . ~ 10' E...monl " ,()~ ,\ - . Lo1 5 O}'O ,- . .. \~ I> ",>\ . . FRASER S~L\.NITATIO~ DISTRICT POST OFFICE BOX 120 FRASER, COLORADO 80442 PHONE: (970)726-5491 Board of Trustees Town of Fraser Post Office Box 120 Fraser, Colorado 80442 RE: Paula Sheridan Variance Dear Trustees: This letter is to advise you that the Fraser Sanitation District fully supports the application by Paula Sheridan for a variance. The Board of Directors feels that because of the unique location of the house on Paula Sheridan's property, as well as the location of the Fraser Sanitation District main going through the property, it is in the public's best interest to grant this variance. Please advise if there is any other additional information that we can provide. RA:sa pc: Ms. Paula Sheridan ! I ýÿ ,. . . ARTICLE 13.-10 BOARD OF ZONING ADJUSTMENT Section 13-10-1. Creation. (1) Pursuant to provisions at Section 139-60-1, Colorado Revised Statutes, 1&63, there i:; hereby created a Board of 2.o11ing Adjustmcut, which shall consi::H or tivl:: (5) member:; and which ~hall be avpointed by the Board of Trus~ecs of the Town of Fraser. Fur~her reference to the Board of Zoning Adjustment may hereatter be made as the IIBoard". Section 13-10-2. Melllber:;hi~ (1) Within thirty (30) days after final passage or this Ordinance, the Board of Trustees at the Town at Fraser shall appoint a Board of Adjustment, the members of Wllich shall be residcn~ property owners of the Town of Fraser. The terms of office of the members at the Board of Adjustment sball be three (3) years each. Vacancies in said Board caused by death, resignation, refusal to act or removal by the Board of Trustees of the 'fO\"lH of Fraser, shall lie f i lIed hy appointment of said Board of Trustees. The Board of Trustees shall appoint the Chairman of the Board of Adjustment. Sectio!l-1~-lO-3. J!~~1.~;L_2!_!~!!Q~rd oL_Adj~stm!:!1t '. (1) The Board of Adjus~ment shall have the following duties: (a) "ilo meet at the ca.ll of the Chairman, or by the request of the Building Inspector, the Board to TrusteeG ot the Town ot Fraser, or by any party \'lishing to uppcal the decision at the same, as provided by statute. (b) To adopt any rules necessary to transac~ ttle Board of Zoning Adjustmentls business or to expedite jt~ tunctJons or powers so long a~ they are not inconsisten~ wjth toe provisionu at the applicable Colorado Statu~e~. (e) 'fo vote upon the granting or special permj\:s provided by this OI'dinance or adjustments to requi rements 0:( thl:: Zoning Ordiw:mcc, which vote ahall require the concu!'l'anc~ of tour (4 J members of the Board in order to reverse any order, requirementfO, decision (n' deterlllin~ti()Cl of any administrative or f iceI', S11Gh as the Bui Id ing Inspect.I.H', or thCl: Board ot Trustcf:S of the 'J'U\'/U of ~'rasel', or to decide in ri:Jvor' or Uu.:: applicant in a lIl<)ltcr upon which it i;:i required to l?df;;S under this Ordinance or to effect any variation in thit> Ordinance. 13-105 ýÿ , ' . . . (d) To keep minuteu of the proceedings of each meeting which shall be tiled in the office or the Boal.'d of Adjustment who may designate the Build.ing Inspector to keep such files, and which shall be a public record. (e) 'fa permi t the public to attend and be heard at all at it::; meetings. Section 13-10-4. Ju!'_i~gi~t!Q!L.Qr the BQ~!:g,._o!__~gJ!!:!~!!!~!!~.~ ( 1 ) DetJnitiQ!!: The Board or Adjustment is hereby granted jurisdiction over the granting of variances pursuant to the provisions of Sections 3 1 -- 2 3 - 3 0 1 and 31-23--307, Colorado Revised Statutes, as amended. ( 2 ) Yarl2!!E~: The Board of Zoning Adjustmen~ sha 11 have the paNel' to grant variances from the provisions of this Ordinance; but ouly after consideration of the follcH'ling prov 1910ns: (a) That satisfactory proof has been presented to the Board showing that the present or proposed situation of a requested building, structure, or use is reasonably necessary for the convenience or welfare of the public. ( b) That the variance Nhich is reques~ed would not authorize any use other than uses enumerated as a use by right of tne district (c) That an unneccessary hardship to the aNneI' Nould be shown to occur if the provisions of the Ordinance were literally fol10~'led. (d) That the circumstances found to constitute a hardship either were not created by the O\-lnCl', or \'lere in euistence at the tl me 0 f the passage of this Ordinance, and canno~ be reasonably corrected. (e) That the variance would not injure the value, use 0 f , or prevent the proper access of lighted air to the adjacent properties ( f) That the variance would not be out of harmony with the intent and purpo~e ot this Ordinanct;. 13'-106 ýÿ . ~ . . . Section 13--10-5. PE~~ ( 1 ) The Board of Adjustment shall act in strict accordance with all of the applicable 1 <;4\'/ S of the State of Co lorad(), Grand County, 'and the Town of Fraser. ( 2 ) The procedure shall be as follo\'ls: (a) All appeals to the Board shall be in writing. (b) Every appeal ~hall indicate whQt prov.isjons or this Ordinace are invlovcd and what ['e.lict is souHht by the applicant. (c) The applicant shall set forth the grounds upon \'lhich an appeal is being sought. (d) The Chairman or the Board shall, within seven ( 7 ) days after the filing at an appeal, call a meeting of the Board for the purpose at reviewing the appeal. (e) The Chairman of the Board shall furnish a copy of the application to the: Board or Trustef:::i ot the 'town of Fraser tor an opinion, which opinion t.>hall be J:'cturned to the Board before the date set for the hearing on the appeal. ( f ) The' Board ot Adjustment shall hold a public hearing on all applications and appeals with the following conditions required: ( i ) A notice of said hearing shall be pu~lished once in a newspaper or general circulation within that part at the County \'lher'c the: property is located at leust fourteen (14 ) days prior to the hearing date. ( i i) A written notice of said hearing sha1.l be mailed by certified mail, return receipt requested, i::tt le;:wt fourteen ( 1 -4 ) days prior to the hearing date to the ()\tHH~rs of the property within one hundred feet ( 100 I ) ot the pl'opeI''ty in question. ( i i i ) Preparation of and payment ot all notiee t> shall be the responsibility of the appl icant. (g) Before any v~rjance is granted, the BO\:ll'd ~ha.ll include o;l ~'lrittt:n finding ill it~ minutes 00 part ot t:he I'ccord ill each case, ~tating specJfically the eJecep1.ional conaitioll:::', the practical diff iCll! ties 01,' unneccessary h,lrdship::; involved. (h) Unless othel'\'Jise ~tated in th~ Board minutes, all variance permits shall be i~~ucd \.lithin c;iJ{ ( to ) months f J' (jlll the time cuch variance is grant.::d by the Board, a f leI:' \'lh i ch timt::, it the vat' i ance permi t bw.... not been obt-ai ut::d, it shall become Ciull and void. 13--107