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HomeMy Public PortalAboutTBP 2022-09-21Board of Trustees Workshop and Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday September 21, 2022 6:00 PM - 9:00 PM Members of the Board may have dinner together @ 5:30 p.m. NOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSg Participate in the meeting through our virtual platform Zoom Meeting Information https://us02web.zoom.us/j/2590408013 Meeting ID:259 040 8013 Phone 1 -346 -248 -7799 Workshop - Budget Personnel Roll Call Approval Of Agenda Consent Agenda Minutes September 7, 2022 TBM 2022 -09 -07.Pdf Sign In Sheet September 7, 2022.Pdf Open Forum a. Business not on the agenda (If you would like to request time on a future agenda please contact the Town Clerk) Meet And Greet Monica Kopf, Project Manager Discussion And Possible Action Regarding Koselig On Main Deed Restricted Units Timeline Of Events - Deed Restriction.pdf Email Greg Bechler.pdf Koselig Deed Restriction Staff Memo For Sept 7 2022.Pdf Resolution 2022 -04 -01 Approving Preliminary Plat And Major Site Plan For Koselig On Main, 406 Zerex Street And 315 Fraer Avenue.pdf Resolution 2022 -06 -01 Approving Final Plat For Koselig On Main 406 Zerex St. And 315 Fraser Ave.pdf Resolution 2022 -07 -03 Approving Final Plat For Koselig On Main, 406 Zerex Street And 315 Fraser Avenue.pdf Treasurer's Report - Rob Ordinance 489 Restricting The Use Of Engine Braking - Michael Ordinance 489 Restricting The Use Of Engine Braking.pdf Updates Town Manager Executive Session Executive Session For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e). Regarding Water Rights Executive Session For discussion of a personnel matter under C.R.S. Section 24 -6 - 402(4)(f)(I) and not involving any specific employees who have requested discussion of the matter in open session. Regarding Town Manager Review Discussion And Possible Action Regarding Exchange Study, Consolidate Wastewater Treatment Plant 20220523 Letter B -T GCWSD And Fraser Re Exchange Study.pdf Adjourn UPCOMING MEETING WEDNESDAY, OCTOBER 5, 2022 BOARD OF TRUSTEES Please contact the Town Clerk to request accommodations to assist people with disabilities to participate in public meetings. Listening devices for people with hearing impairment are available upon request. Town Clerk, Antoinette McVeigh 970 -531 -9943 or amcveigh@town.fraser.co.us 1.6:00 P.M. 2.7:00 P.M. 3. 4. a. Documents: 5. 6. 7. a. Documents: b. c. Documents: 8. a. 9. a. b. 10. a. Documents: 11. Board Staff Direct : Define the service, product or value to be delivered Lead : Future focused planning Protect : Establish the operational boundaries to be respected by Staff and monitored by the Board Manage : Now focused policy and procedural guidance to ensure on time, on budget, and on target service delivery Enable : Advocacy, resource development, and role discipline Accomplish : Ensure the work defined by the direction of the Board of Trustees is accomplished Board of Trustees Workshop and Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday September 21, 2022 6:00 PM - 9:00 PM Members of the Board may have dinner together @ 5:30 p.m. NOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSg Participate in the meeting through our virtual platform Zoom Meeting Informationhttps://us02web.zoom.us/j/2590408013 Meeting ID:259 040 8013 Phone 1 -346 -248 -7799Workshop - Budget PersonnelRoll CallApproval Of AgendaConsent AgendaMinutes September 7, 2022TBM 2022 -09 -07.PdfSign In Sheet September 7, 2022.PdfOpen Foruma. Business not on the agenda (If you would like to request time on a future agenda please contact the Town Clerk) Meet And Greet Monica Kopf, Project Manager Discussion And Possible Action Regarding Koselig On Main Deed Restricted Units Timeline Of Events - Deed Restriction.pdf Email Greg Bechler.pdf Koselig Deed Restriction Staff Memo For Sept 7 2022.Pdf Resolution 2022 -04 -01 Approving Preliminary Plat And Major Site Plan For Koselig On Main, 406 Zerex Street And 315 Fraer Avenue.pdf Resolution 2022 -06 -01 Approving Final Plat For Koselig On Main 406 Zerex St. And 315 Fraser Ave.pdf Resolution 2022 -07 -03 Approving Final Plat For Koselig On Main, 406 Zerex Street And 315 Fraser Avenue.pdf Treasurer's Report - Rob Ordinance 489 Restricting The Use Of Engine Braking - Michael Ordinance 489 Restricting The Use Of Engine Braking.pdf Updates Town Manager Executive Session Executive Session For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e). Regarding Water Rights Executive Session For discussion of a personnel matter under C.R.S. Section 24 -6 - 402(4)(f)(I) and not involving any specific employees who have requested discussion of the matter in open session. Regarding Town Manager Review Discussion And Possible Action Regarding Exchange Study, Consolidate Wastewater Treatment Plant 20220523 Letter B -T GCWSD And Fraser Re Exchange Study.pdf Adjourn UPCOMING MEETING WEDNESDAY, OCTOBER 5, 2022 BOARD OF TRUSTEES Please contact the Town Clerk to request accommodations to assist people with disabilities to participate in public meetings. Listening devices for people with hearing impairment are available upon request. Town Clerk, Antoinette McVeigh 970 -531 -9943 or amcveigh@town.fraser.co.us 1.6:00 P.M.2.7:00 P.M.3.4.a.Documents:5. 6. 7. a. Documents: b. c. Documents: 8. a. 9. a. b. 10. a. Documents: 11. Board Staff Direct : Define the service, product or value to be delivered Lead : Future focused planning Protect : Establish the operational boundaries to be respected by Staff and monitored by the Board Manage : Now focused policy and procedural guidance to ensure on time, on budget, and on target service delivery Enable : Advocacy, resource development, and role discipline Accomplish : Ensure the work defined by the direction of the Board of Trustees is accomplished Board of Trustees Workshop and Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday September 21, 2022 6:00 PM - 9:00 PM Members of the Board may have dinner together @ 5:30 p.m. NOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSg Participate in the meeting through our virtual platform Zoom Meeting Informationhttps://us02web.zoom.us/j/2590408013 Meeting ID:259 040 8013 Phone 1 -346 -248 -7799Workshop - Budget PersonnelRoll CallApproval Of AgendaConsent AgendaMinutes September 7, 2022TBM 2022 -09 -07.PdfSign In Sheet September 7, 2022.PdfOpen Foruma. Business not on the agenda (If you would like to request time on a future agenda please contact the Town Clerk)Meet And Greet Monica Kopf, Project ManagerDiscussion And Possible Action RegardingKoselig On Main Deed Restricted Units Timeline Of Events - Deed Restriction.pdfEmail Greg Bechler.pdfKoselig Deed Restriction Staff Memo For Sept 7 2022.PdfResolution 2022 -04 -01 Approving Preliminary Plat And Major Site Plan For Koselig On Main, 406 Zerex Street And 315 Fraer Avenue.pdfResolution 2022 -06 -01 Approving Final Plat For Koselig On Main 406 Zerex St. And 315 Fraser Ave.pdfResolution 2022 -07 -03 Approving Final Plat For Koselig On Main, 406 Zerex Street And 315 Fraser Avenue.pdfTreasurer's Report - RobOrdinance 489 Restricting The Use Of Engine Braking - MichaelOrdinance 489 Restricting The Use Of Engine Braking.pdfUpdatesTown ManagerExecutive Session Executive SessionFor the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e). Regarding Water RightsExecutive SessionFor discussion of a personnel matter under C.R.S. Section 24 -6 -402(4)(f)(I) and not involving any specific employees who have requested discussion of the matter in open session. Regarding Town Manager ReviewDiscussion And Possible Action RegardingExchange Study, Consolidate Wastewater Treatment Plant20220523 Letter B -T GCWSD And Fraser Re Exchange Study.pdf Adjourn UPCOMING MEETING WEDNESDAY, OCTOBER 5, 2022 BOARD OF TRUSTEES Please contact the Town Clerk to request accommodations to assist people with disabilities to participate in public meetings. Listening devices for people with hearing impairment are available upon request. Town Clerk, Antoinette McVeigh 970 -531 -9943 or amcveigh@town.fraser.co.us 1.6:00 P.M.2.7:00 P.M.3.4.a.Documents:5.6.7.a.Documents:b.c.Documents:8.a.9.a.b.10.a.Documents: 11. Board Staff Direct : Define the service, product or value to be delivered Lead : Future focused planning Protect : Establish the operational boundaries to be respected by Staff and monitored by the Board Manage : Now focused policy and procedural guidance to ensure on time, on budget, and on target service delivery Enable : Advocacy, resource development, and role discipline Accomplish : Ensure the work defined by the direction of the Board of Trustees is accomplished FRASER BOARD OF TRUSTEES MINUTES DATE:September 7, 2022 MEETING:Board of Trustees Regular Meeting PLACE:Fraser Town Hall Board Room and Virtually PRESENT Board:Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Brian Cerkvenik, Kaydee Fisher, Lewis Gregory, Parnell Quinn and, Katie Soles Staff:Town Manager, Ed Cannon; Town Clerk, Antoinette McVeigh; Assistant Town Manager, Michael Brack; Finance Director, Rob Clemens; Marketing and Communications Manager, Sarah Wieck; Police Chief, Glen Trainor Others:See attached list Mayor Vandernail called the meeting to order at 7:02 p.m. 1.Rollcall: Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Brian Cerkvenik, Kaydee Fisher, Lewis Gregory, Parnell Quinn and, Katie Soles 2.Approval of Agenda: Trustee Gregory moved, and Trustee Quinn seconded the motion to approve the amended agenda, moving Open Forum to Item #4. Motion carried: 7-0. 3.Consent Agenda: a)Minutes August 17, 2022 Trustee Quinn moved, and Trustee Soles seconded the motion to approve the consent agenda. Motion carried: 7-0. 4.Open Forum: none 5.Board of County Commissioners Update No Commissioners present 6.Discussion and Possible Action: a)Fraser Riverbank Stabilization Project, Letter of Interest Trustee Soles moved, and Trustee Waldow seconded the motion to approve the mailing of the letter and to include the cost of the project in the Letter of Interest. Motion carried: 7-0. b)Resolution 2022-09-01 Contract for The Lions Pond Bathroom Foundation and Utility Stub-Out Page 2 of 3 Trustee Soles moved, and Trustee Cerkvenik seconded the motion to approve Resolution 2022-09-01 Contract for The Lions Pond Bathroom Foundation And Utility Stub-Out. Motion carried: 7-0. c)Koselig On Main Deed Restricted Units No Action 7.Updates a) Mural Festival Update Communication and Marketing Manager Sarah Wieck presented to the Board, presentation was in the packet. b)Notary Services Town Clerk Antoinette McVeigh, Notary services will be offered at Town Hall Monday, Wednesday, and Fridays from 9am-3pm, no charge for the service. c) Town Manager Ed Cannon, Middle Park Health Center in Fraser d)Trustee Waldow, Stage One fire restrictions in place e)Trustee Cerkvenik, Halloween and Mill Levy for Affordable Housing 8.Executive Session: a)For a conference with the Special Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e). Regarding litigation. Including Town Attorney Kent Whitmer, Town Manager Ed Cannon, Special Council John Chmil. Attorney’s Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B). As the attorney representing the Town of Fraser, I am of the opinion that the entire first executive session, which was not recorded, constituted a privileged attorney-client communication. _______________________________ Town Attorney, Kent Whitmer b)For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e). Regarding Water Rights. Including Town Manager Ed Cannon c)For discussion of a personnel matter under C.R.S. Section 24-6-402(4)(f)(I) and not involving any specific employees who have requested discussion of the matter in open session. Regarding Town Manager Review Including Town Manager Ed Cannon and Finance Manager Rob Clemens Trustee Cerkvenik moved, and Trustee Gregory seconded the motion to open three Executive Sessions. Motion carried: 7-0. Page 3 of 3 Trustee Soles moved, and Trustee Cerkvenik seconded the motion to close the Executive Session regarding litigation at 10:00 p.m. The Executive Sessions Regarding Water Rights and Town Manager review were not discussed and will be on a future agenda. Motion carried: 7-0. 9.Discussion And Possible Action Regarding a)Exchange Study, Consolidate Wastewater Treatment Plant The item was tabled and will be on a future agenda. 10.Adjourn: Trustee Cerkvenik moved, and Trustee Waldow seconded the motion to adjourn. Motion carried: 7-0. Meeting adjourned at 10:01 p.m. _____________________________ Antoinette McVeigh, Town Clerk TOWN BOARD REGULAR MEETING REGISTRATION SHEET SEPTEMBER 7, 2022 The Public Forum is an opportunity for the public to present their concerns and recommendations regarding Town Government issues to the Town Board. Those wishing to address the Town Board will be allowed a five-minute presentation. A maximum of six (6) people will be allowed to address the Town Board at each Public Forum. If a topic that you wish to discuss has been scheduled for a formal Town Board Meeting, we would ask that you reserve your remarks for that specific date and time. Topics that are in litigation with the Town will not be heard during this forum. All presenters are urged to: (1) state the concern; and (2) list possible solutions. Please keep the following guidelines in mind: • Remarks that discriminate against anyone or adversely reflect upon the race, color, ancestry, religious creed, national origin, political affiliation, disability, sex, or marital status of any person are out of orderand may end the speaker's privilege to address the Board. Defamatory or abusive remarks or profanity are out of order and will not be tolerated. Anyone attending Town Board meetings must sign in to ensure accurate records and minutes. Sign your name, address, and email on the sign in sheet. Thank you for your cooperation. NAME PHYSICAL ADDRESS EMAIL Koselig on Main Timeline of Events Relating to Deed Restriction 1 Sketch Plan Submittal –12/31/2021 •On 12/31/2021 the project team for Koselig on Main submitted a Sketch Plan Application to the Town of Fraser with an application fee of $350.00. •The documents submitted with this application along with the email sent can be found here. •In both the email body and the land use application we mention that 20% of the Doc Susie building, or two units, will be deed restricted. 2 Sketch Plan Submittal –12/31/2021 –Excerpt from email sent to Catherine Trotter with Sketch Plan submittal 3 Sketch Plan Submittal –12/31/2021 –Excerpt from Land Use Application (see here) 4 Preliminary Plat –Notice to Neighbors – 4/11/2022 •On 4/11/2022 the project team for Koselig on Main sent a notice out to neighbors within 200 feet of the property. •The notice sent out includes a cover page that speaks to the units that will be deed restricted. •The notice that was sent out to neighbors within 200 feet can be found here. 5 Preliminary Plat –Notice to Neighbors –4/11/2022 –Excerpt from Cover Letter 6 Preliminary Plat –4/27/2022 •On 4/27/2022 the project team for Koselig on Main attended the Preliminary Plat hearing and responded to questions from the town and public. The agenda for the meeting, which includes documents that were submitted as a part of the application can be seen here. •The following pages show the only examples of deed restriction being covered in the submittal documents and in the meeting itself. •Included in the submittal documents was a cover letter speaking to the two units that would be deed restricted. •Catherine Trotter explains how the density bonuses provided in the code are being applied. •Bob Gnuse asks to clarify what units are being deed restricted. 7 Preliminary Plat –4/27/2022 –Excerpt from Cover Letter 8 Preliminary Plat –4/27/2022 –Catherine Totter explains how density bonuses provided in the code are being applied. https://www.youtube.com/watch?v=93xgKK_CZNY 9 Preliminary Plat –4/27/2022 –Bob Gnuse clarifys which units will be deed restricted. https://www.youtube.com/watch?v=qEspDtTLXEk 10 Preliminary Plat –4/27/2022 –Resolution Approving Preliminary Plat https://www.frasercolorado.com/AgendaCenter/ViewFile/Item /4441?fileID=3877 11 Final Plat –6/22/2022 •On 6/22/2022 the project team for Koselig on Main attended the Final Plat hearing and responded to questions from the town and public. The agenda for the meeting, which includes documents that were submitted as a part of the application can be seen here. •The following pages show the only examples of deed restriction being covered in the submittal documents and in the meeting itself. •Included in the submittal documents was a cover letter speaking to the two units that would be deed restricted. •Throughout the meeting the only time deed restriction was discussed was during a question from Andy Miller regarding how deed restriction will be structured (37:52- 39:30) to which Kevin explained how we will be structuring the deed restriction. 80% AMI based on CHFA annual rent max and income table. 12 Final Plat –6/22/2022 –Excerpt from Cover Letter 13 Final Plat –6/22/2022 –Andy Miller asks the only question raised regarding deed restriction. https://www.youtube.com/watch?v=0dRC0klIiQc 14 Final Plat –6/22/2022 –Resolution Approving Final Plat 15 Email from Ed Cannon to Greg Bechler –7-19- 2022 •On 7/19/2022 Ed Cannon sent Greg Bechler an email speaking to the legal review of the final plat performed by the Whitmer Law firm. Greg Bechler replies clarifying the way the density bonuses are being applied. •Emails provided on the following pages are in chronological order. •The entire email chain can be seen here. 16 Email Chain –4/22/2022 –Catherine Trotter to Antoinette McVeigh 17 Email Chain –7/18/2022 –Antoinette McVeigh to Ed Cannon 18 Email Chain –7/18/2022 –Ed Cannon to Kent Whitmer 19 Email Chain –7/19/2022 –Kent Whitmer to Ed Cannon 20 Email Chain –7/19/2022 –Ed Cannon to Julie Estrel –Greg Bechler is cc’d 21 Email Chain –7/19/2022 –Greg Bechler to Ed Cannon and Julie Estrel 22 Email Chain –7/19/2022 –Ed Cannon to Greg Bechler and Julie Estrel 23 Email Chain –7/19/2022 –Julie Estrel to Ed Cannon and Greg Bechler, Ben Thurston and Alyssa Rivas cc’d 24 Email Chain –7/19/2022 –Ed Cannon to Greg Bechler and Julie Estrel, Ben Thurston, Alyssa Rivas and Antoinette McVeigh cc’d 25 Email Chain –7/19/2022 –Julie Estrel to Greg Bechler and Ed Cannon, Ben Thurston, Alyssa Rivas and Antoinette McVeigh cc’d 26 Email Chain –7/19/2022 –Amended Resolution 27 Board of Trustees –7/20/2022 •On 7/20/2022 the project team for Koselig on Main attended the Board of Trustees hearing and responded to questions from the town and public. The agenda for the meeting, which includes documents that were submitted as a part of the application can be seen here. •The following pages show the only examples of deed restriction being covered in the submittal documents and in the meeting itself. •Included in the submittal documents was a cover letter speaking to the two units that would be deed restricted. •Included in the submittal documents was a letter addressing how the development conformed to the comprehensive plan. In this letter the applicant speaks to how the development will provide 100% commercial on the ground floor of one building and 20% deed restricted residential units in the other building. •Throughout the meeting the only time deed restriction was discussed was during a question from Eileen Waldow regarding how deed restriction will be structured (56:16-57:20) to which Greg explained how we will be structuring the deed restriction. 80% AMI based on CHFA max rent and income table and what the current 1 bed limits are per the CHFA AMI table for single and 2 person households. 28 Board of Trustees –7/20/2022 –Excerpt from Cover Letter 29 Board of Trustees –7/20/2022 –Excerpt from Conformance to Comp Plan 30 Board of Trustees –7/20/2022 –Eileen Waldow asks the only question raised regarding deed restriction. Greg Bechler responds to her question and gives an example of what those rents and income limits would be for the 1 bedroom units. https://www.youtube.com/watch?v=vBmDa0V6xiI 31 Email from Alyssa Rivas to Greg Bechler –8- 19-2022 •On 8/19/2022 Alyssa Rivas sent Greg Bechler an email speaking to Merrick’s review of Civil Drawings and the proposed deed restriction agreement needing to be 4 units and not 2, and providing contact information for Rob Clemens •Greg Bechler replies addressing Alyssa’s first and third points and points to the preliminary plat hearing from 4/22/2022 when Catherine Trotter explains how the density bonuses are being applied. •Emails provided on the next page are in chronological order. 32 Email Chain –8/19/2022 –Alyssa Rivas to Greg Bechler, cc’ing Julie Estrel, Ed Cannon, and Kevin Rifkin 33 Email Chain –8/19/2022 –Greg Bechler to Alyssa Rivas, cc’ing Ed Cannon, Julie Estrel and Kevin Rifkin 34 Email from Catherine Trotter –8-29-2022 •On 8/29/2022 Ed Cannon sent and email to Kent Whitmer requesting clarification from Catherine Trotter regarding the number of deed restricted units in the Koselig on Main Project. Catherine Trotter replies with her recollection of how the Town was treating the density bonuses 35 Email Chain –8/29/2022 –Catherine Trotter to Kent Whitmer and Will Berry 36 Email from Ed Cannon to Greg Bechler and Kevin Rifkin, cc’ing Julie Estrel –9-8-2022 •On 9/8/2022 Ed Cannon sent Greg Bechler an email explaining that he attempted to clear up some confusion with the board of trustees regarding the number of deed restricted units in the Koselig on Main development. Ed requests a meeting later that day •Greg Bechler replies accepting the meeting •Kevin Rifkin replies accepting the meeting and providing examples of •Emails provided on the next page are in chronological order. 37 Email Chain –9/8/2022 –Ed Cannon to Greg Bechler and Kevin Rifkin, cc’ing Julie Estrel 38 Email Chain –9/8/2022 –Greg Bechler to Ed Cannon and Kevin Rifkin, cc’ing Julie Estrel 39 Email Chain –9/8/2022 –Kevin Rifkin to Ed Cannon, cc’ing Greg Bechler and Julie Estrel 40 From: Greg Bechler <greg@byson.io> Sent: Sunday, September 11, 2022 10:35 PM To: Ed Cannon <ecannon@town.fraser.co.us> Cc: Julie Esterl <julie.esterl@baselinecorp.com>; Alyssa Rivas <alyssa.rivas@baselinecorp.com>; Kevin Rifkin <kevin@byson.io> Subject: Koselig on Main - Timeline of submittals and hearings regarding deed restricted units Hi Ed, Attached is the draft we plan to present at the next Board of Trustees meeting. Could you please send us clips, or have whoever manages the town of Fraser's Youtube channel, send clips for the June 22nd Final Plat hearing, (37:52-39:30) and the July 20th Board of Trustees hearing (56:16-57:20) so that we can add them to the presentation on slides 14 and 27 as was done on slides 9 and 10? Apologies for the length and detail of this presentation, but we had a chance to watch the Board of Trustees meeting, from September 7th, and were surprised by the accusations regarding our intentions and character. There were multiple mentions, in a public forum, that we are being "shady" and that we are not to be trusted. I hope you understand that for a group that has been working in good faith with the town, plans to do more business with the town, and whose livelihood is based on reputation, this is concerning. We are also concerned that during the September 7th meeting, some of the accusations are above and beyond the issue of the deed-restricted units and are implying we are not within code. We made use of and follow the code, adopted by the town to create a feasible project that delivers exactly what was asked for in the 2017 strategic plan. A few things that seem to be overlooked right now are the fact that we are delivering for-rent, workforce units. We are burying a significant portion of power lines at our own cost. We are creating main street sidewalks and a park for public use. We are delivering commercial space that will create a community area, multiple jobs, and tax revenue. We have already repaired the city storm drainage under the project on our own dime. We found and remedied the illegal dumping of waste oil from a business up the hill. We are actually delivering 2 new deed-restricted units. We are doing all of this without asking for a zoning variance, bond financing, town contribution, etc. Because of the accusations made during the September 7th meeting, we felt obligated to provide all of the attached details which outline the paper trail of when deed restrictions were mentioned in public hearings, both verbally and within the submitted documents, and within certain emails. We were under the assumption throughout this process that it was clear there would be two deed-restricted units as we had it written nultiple times within our submittal documents and any time there was confusion, we cleared it up within an hour. We were unaware that there was any serious confusion until after the board of trustees meeting. The email chains are being provided, not to point any fingers, but to defend ourselves from accusations that we purposefully created confusion about the number of deed-restricted units and did nothing and that we acted with any malice. We purposefully kept this out of the presentation but would like to share with the smaller group, that in no written documents, nor in any of the meetings that we rewatched multiple times was there mention of 4 units or 20% of the total project. While we acted under the assumption that all parties reviewed the material we submitted that had it in writing, in multiple places, that it was 2 units to be deed restricted, we understand that sometimes the materials do not get reviewed. That being said, we do expect that if materials are unable to be reviewed by the board or staff, we are made aware so we can understand that some of these might have been missed and we can read the important materials during any hearings. Please let me know if you would like to address this with the board ahead of the September 21st meeting or wait until then for us to present this information. We are open to either option. Thanks, Greg All the best, Greg Bechler Principal Byson Real Estate Co. 5303 E Evans Ave, Suite 306, Denver, CO 80222 (303) 324-9998 | www.byson.io Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com MEMO TO:Mayor Vandernail and the Board of Trustees FROM:Ed Cannon, Town Manager DATE:September 7, 2022 SUBJECT:Discussion on Deed Restricted Units for Koselig on Main ACTION FOR THE BOARD Alignment on the number of deed restricted units for the Koselig on Main development BACKGROUND Koselig on Main (“Project”) is a mixed-use residential/commercial development in downtown Fraser. The Project includes 2 building which would provide 4,000 sq.ft. of commercial space and a total of 20 residential units. The Project utilized density bonuses provided under the Riverwalk Mixed Use Overlay District Overlay (“Overlay”). Under the Overlay, density can be increased by either providing 20% deed restricted affordable housing units, or by providing 100% of the first floor for commercial. The project received Preliminary Plat/Major Site Plan approval at the April 27, 2022 Planning Commission meeting (PC Resolution 2022-04-01). At this meeting, the Town Planner explained the Project would be divided into 2 separate buildings to utilize one density bonus for one building, and a separate density bonus for the second building. She pointed out that 20% of the 10 units in the Doc Susie facing building would be deed restricted. https://youtu.be/93xgKK_CZNY These 2 density bonuses were also discussed in meetings between the developer and Town staff in numerous planning meetings leading up to the April 27th Planning Commission meeting. During the April 27th meeting, Commissioner Bob Gnuse asked for confirmation that the two 1- bedroom units in the building facing Doc Susie (315 Fraser Avenue) would be the deed restricted residential units, which the developer confirmed. https://youtu.be/qEspDtTLXEk The Project came back to the Planning Commission on June 22nd, 2022, where the Project received Final Plat approval (PC Resolution 2022-06-01). On July 20, the Fraser Board of Trustees approved RESOLUTION NO. 2022-07-03 Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com A RESOLUTION APPROVING A FINAL PLAT FOR KOSELIG ON MAIN, 406 ZEREX STREET AND 315 FRASER AVENUE, A REPLAT OF LOTS 24 THROUGH 29, BLOCK 7, AND 30 THROUGH 33, BLOCK 7 LYING NORTH OF U.S. ROUTE 40, FIRST ADDITION TO THE TOWN OF EASTOM, AKA FRASER, GRAND COUNTY, COLORADO. Resolution 2022-07-03 at item 1.f. states: f. The Applicant and the Town shall enter into an agreement, which is approved by the Town Attorney, that ensures compliance with the requirement that 20% of the residential development contemplated by this application shall be deed restricted affordable housing units. Said agreement should be finalized and signed by the Applicant and Town prior to recordation of the final plat or prior to issuance of any certificate of occupancy. The wording at 1.f. does not reflect the intent of how the density bonus would be utilized as presented at the April 27, 2022 Planning Commission. Instead, it applies the 20% deed restriction to all residential development, which would result in four (4) deed restricted units. The total deed restricted units as agreed to between staff and the developer and as presented and approved by the Planning Commission on April 27th was two (2). DISCUSSION There needs to be agreement on the total number of deed restricted units for the Project. Trustee discussion should keep in mind that the developer, based on good faith discussions with staff prior to the April 27th PC meeting, and on the approval of PC Resolution 2202-04-01, based his planning for the Project on two (2) deed restricted units in the Doc Susie facing building. FRASER PLANNING COMMISSION RESOLUTION NO. 2022-04-01 A RESOLUTION APPROVING A PRELIMINARY PLAT AND MAJOR SITE PLAN FOR KOSELIG ON MAIN, 406 ZEREX ST. AND 315 FRASER AVE, A REPLAT OF LOTS 30-33 LYING N OF US 40, BLOCK 7, 1ST ADDITION TO THE TOWN OF EASTOM (AKA FRASER), GRAND COUNTY, COLORADO, PART OF SEC. 19, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PM. At the regular meeting of the Fraser Planning Commission held on April 27, 2022, 406 Zerex, LLC requested approval for a Preliminary Plat and Major Site Plan for Koselig on Main, 406 Zerex St. & 315 Fraser Ave; and WHEREAS, 406 Zerex, LLC is the current owner of the property; and WHEREAS, the applicant is requesting Preliminary Plat and Major Site Plan approval for Koselig on Main which would allow for the construction of 4000 +/- SF of retail and 20 apartments at 406 Zerex Street in Fraser; and WHEREAS, Staff has determined that this application is in compliance with the Land Development Code of the Town of Fraser when the conditions listed below have been addressed. NOW THEREFORE BE IT RESOLVED that the Fraser Planning Commission has voted to approve this development application with the following conditions: 1. Applicant to resubmit civil drawings in conjunction with Final Plat submittal. 2. Address review comments in Whitmer Law Firm memo dated 4-16-2022 and revise documents accordingly. 3. Applicant must secure CDOT Access Permit prior to recordation of Final Plat. 4. Address Agency Review Comments included in packet. 5. A Construction Guarantee Agreement (CGA) and appropriate security shall be submitted and approved prior to building permit issuance. 6. Confirm the exterior lighting is dark sky compliant. Details to be added to site plan. 7. The applicant shall pay school and park impact fees prior to recordation of Final Plat. 8. Applicant shall resubmit for review and approval all Final Plat and site plan documents. This development application shall be scheduled for Planning Commission once a complete application has been submitted. APPROVED AND ADOPTED THIS 27thd DAY OF APRIL, 2022. FRASER PLANNING COMMMISSION ATTEST: FRASER PLANNING COMMISSION RESOLUTION NO. 2022-06-01 A RESOLUTION APPROVING A FINAL PLAT FOR KOSELIG ON MAIN, 406 ZEREX ST. AND 315 FRASER AVE, A REPLAT OF LOTS 30-33 LYING N OF US 40, BLOCK 7, 1ST ADDITION TO THE TOWN OF EASTOM (AKA FRASER), GRAND COUNTY, COLORADO, PART OF SEC. 19, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PM. At the regular meeting of the Fraser Planning Commission held on June22, 2022, 406 Zerex, LLC requested approval for a Final Plat for Koselig on Main, 406 Zerex St. & 315 Fraser Ave; and WHEREAS, 406 Zerex, LLC is the current owner of the property; and WHEREAS, the applicant is requesting Final Plat approval for Koselig on Main which would allow for the construction of 4000 +/- SF of retail and 20 apartments at 406 Zerex Street in Fraser; and WHEREAS, Staff has determined that this application is in compliance with the Land Development Code of the Town of Fraser when the conditions listed below have been addressed. NOW THEREFORE BE IT RESOLVED that the Fraser Planning Commission has voted to approve this development application with the following conditions: 1. Applicant must address all Referral Agency Comments included in the packet. 2. Applicant must resubmit civil drawings in accordance with Referral Agency Comments prior to building permit issuance. 3. Applicant must secure CDOT Access Permit, if required, prior to recordation of Final Plat. 4. A Construction Guarantee Agreement (CGA) and appropriate security shall be submitted and approved prior to building permit issuance. 5. Lighting details and notes must be added to the Exterior Lighting plan showing compliance with the dark sky regulations of the Municipal Code. 6. The applicant shall pay school and park impact fees prior to recordation of Final Plat. 7. Applicant shall resubmit for review and approval all Final Plat documents. This development application shall be scheduled before the Town of Fraser Board of Trustees once a complete application has been submitted. APPROVED AND ADOPTED THIS 22nd DAY OF JUNE, 2022. FRASER PLANNING COMMMISSION Mayor ATTEST: TOWN OF FRASER RESOLUTION NO. 2022-07-03 A RESOLUTION APPROVING A FINAL PLAT FOR KOSELIG ON MAIN, 406 ZEREX STREET AND 315 FRASER AVENUE, A REPLAT OF LOTS 24 THROUGH 29, BLOCK 7, AND 30 THROUGH 33, BLOCK 7 LYING NORTH OF U.S. ROUTE 40, FIRST ADDITION TO THE TOWN OF EASTOM, AKA FRASER, GRAND COUNTY, COLORADO WHEREAS, at the regular meeting of the Fraser Board of Trustees held on July 20, 2022, 406 Zerex, LLC requested approval for a Final Plat for Koselig on Main, 406 Zerex St. & 315 Fraser Ave; and WHEREAS, 406 Zerex, LLC is the current owner of the property; and WHEREAS, the applicant is requesting Final Plat approval for Koselig on Main which would allow for the construction of 4000 +/- SF of retail and 20 apartments at 406 Zerex Street and 315 Fraser Avenue in Fraser; and WHEREAS, Staff has determined that this application is in compliance with the Land Development Code of the Town of Fraser when the conditions listed below have been addressed. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town of Fraser hereby approves the Final Plat for Koselig on Main subject to the following conditions: a. The applicant shall address all Referral Agency Comments included in the packet. b. The applicant shall resubmit civil drawings in accordance with Referral Agency Comments prior to building permit issuance. c. The applicant shall secure a CDOT Access Permit prior to recordation of Final Plat. d. The applicant shall execute the approved Construction Guarantee Agreement CGA) and provide the required security prior to building permit issuance. e. The applicant shall pay school and park impact fees prior to recordation of Final Plat. f. The Applicant and the Town shall enter into an agreement, which is approved by the Town Attorney, that ensures compliance with the requirement that 20%of the residential development contemplated by this application shall be deed restricted affordable housing units. Said agreement should be finalized and signed by the Applicant and Town prior to recordation of the final plat or prior to issuance of any certificate of occupancy. g. Minimum parking requirement must be met. DULY MOVED, SECONDED AND ADOPTED THIS 20th DAY OF JULY, 2022. Votes in favor: 7 Votes opposed: 0 Absent: Abstained: 8 z OF F L) SEAL OORAO° BOARD OF TRUSTEES OF THE TOWN OF FttAS 7RADOBY: Mayor A EST: djcArl Town Clerk TOWN OF FRASER ORDINANCE NO. 489 SERIES 2022 AN ORDINANCE AMENDING CHAPTER 8 OF THE FRASER MUNICIPAL CODE RESTRICTING THE USE OF ENGINE BRAKING IN THE TOWN OF FRASER. WHEREAS, under Colorado law, the Board of Trustees of the Town of Fraser is authorized to adopt and amend vehicle and traffic regulations applicable within the Town; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: AMENDMENT OF MUNICIPAL CODE. Chapter 8 (Vehicles and Traffic), Article 5, of the Fraser Municipal Code (herein sometimes referred to as the "Municipal Code") are hereby amended as follows [Note: additions are shown in bold underlined print; deletions are shown as strikethrough print]: ARTICLE 5 – Engine Braking Prohibited Sec. 8-5-10. – No Engine Braking on Roads or Highways. It shall be deemed unlawful to emit any noise created from the operation of any motor vehicle with an engine brake engaged. An engine brake is defined as an engine compression or dynamic braking device used primarily on large trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes. PART 2: 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 ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: 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 any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. 2 PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. PART 5: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS _____ DAY OF _____________, 2022. Votes in favor: ____BOARD OF TRUSTEES OF THE Votes opposed: ____TOWN OF FRASER, COLORADO Votes abstained: ____ BY: ____________________________________ Philip Vandernail, Mayor ( S E A L ) ATTEST: ____________________________________ Antoinette McVeigh, Town Clerk Published in the Middle Park Times on _________________. Grand County Water & Sanitation District #1 May 23, 2022 Board of Trustees Town of Fraser P.O. Box 370 Fraser, Colorado 80442 P. O. Box 3077 Winter Parh, CO 80482-3077 970.726.5583 Phone 970.726.5636 Fax Re: Exchange Study — Consolidated Wastewater Treatment Plant Dear Board: On behalf of the Board of Directors of the Grand County Water and Sanitation District No. 1 (the "District"), I write to confirm the agreement between the District and the Town of Fraser ("Fraser") concerning a study of the potential impacts of exchanges of water rights on the wastewater treatment plant ("WWTP") jointly owned by Fraser, the District, and Winter Park Ranch Water and Sanitation District ("WPR"). Specifically, the District and Fraser jointly agree to retain a qualified water rights engineering firm to conduct a comprehensive analysis of the impacts of all decreed (absolute and conditional) exchanges and exchanges proposed in a water rights application that have the potential to dewater Fraser River flows at the WWTP's permitted discharge point. The District and Fraser will jointly propose to the Joint Facility Operating Committee ("JFOC") of the WWTP that this study be undertaken as a project of the JFOC and paid for as an Operation and Maintenance cost ("O&M Cost") of the WWTP. However, if the JFOC does not agree to such payment, the District and Fraser will otherwise share equally for study costs incurred in excess of their existing proportionate responsibility for O&M Costs. Following completion of the study, the JFOC, or the District and Fraser, shall consider a common strategy and approach to developing minimum flow targets at the WWTP discharge point, and steps to implement such a strategy with other local stakeholders, including without limitation, WPR and other water users upstream of the WWTP discharge point. The parties may also consider appropriate actions to reasonably address impacts, if any, to the cost of wastewater treatment at the WWTP by dilution or otherwise. Please confirm your agreement to the terms set forth above by signature of a duly authorized person in the space provided below Very truly yours, TOWN OF FRASER By: Name: Title: Date: Treasurer’s Report ROB CLEMENS FINANCE DIRECTOR Overview Statement of Funds Sales Tax Revenue Historic Sales Tax Perspective Annual Total Sales Tax Revenue 2006-2021 Annual Total Year % Change $1,596,126 2006 $1,777,536 2007 11% $1,792,436 2008 1% $1,657,330 2009 -8% $1,541,909 2010 -7% $1,556,853 2011 1% $1,583,231 2012 2% $1,644,257 2013 4% $1,686,047 2014 3% $1,828,107 2015 8% $2,670,530 2016 46% $2,980,659 2017 12% $3,172,068 2018 6% $3,778,276 2019 19% $4,578,046 2020 21% $5,325,435 2021 16% Questions?