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
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BOARD OF TRUSTEES OF THE TOWN OF
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Mayor A EST:
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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?