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HomeMy Public PortalAboutTBP 2012-08-01 BOARD OF TRUSTEES REGULAR MEETING AGENDA WEDNESDAY, AUGUST 1,2012 FRASER TOWN HALL 6:00 p.m. Members of the Board may have dinner together @ 5:30 p.m. -Fraser Town Hall 1.Roll Call 6:00 2.Approval of Agenda 3.Executive Session: For a conference with Special Counsel 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 a proposed annexation agreement. 4.Consent Agenda 7:00 a)Minutes –July 18, 2012 5.Open Forum a)Business not on the agenda 6.Updates 7.Public Hearing a)None 8.Discussion and Possible Action Regarding a)Resolution 2012-03-05 Regarding Byers Peak Ranch Annexation b)Trail Wayfinding Program c)Economic Development 9.Community Reports 10.Staff Reports 11.OtherBusiness Upcoming Meetings: Wed.August 15, 2012Board of Trustees Wed.August 22,2012Planning Commission PostedJuly 25, 2012 Lu Berger Lu Berger, Town Clerk FRASER BOARD OF TRUSTEES MINUTES DATE : Wednesday, July 18, 2012 MEETING : Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Mayor Peggy Smith; Mayor Pro-Tem Steve Sumrall; Trustees; Philip Naill, Eileen Waldow, Vesta Shapiro, Cheri Sandersand Adam Cwiklin Staff: Town Manager Jeff Durbin;Town Clerk, Lu Berger; Finance Manager Nat Havens;Public Works Director Allen Nordin; Town Planner, Catherine Trotter; Police Chief, Glen Trainor, Plant Supervisor Joe Fuqua, Others: See attached list Mayor Smithcalled the meeting to order at 5:30p.m. 1. Roll Call 2.Approval of Agenda Trustee Naill requested 4 b-d be moved between 8 a & b. motion Trustee Naill moved, and Trustee Waldow seconded the to approve the Agenda. Motion carried: 6-0. 3.Executive Session: For a conference with Special Counsel 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 a proposed annexation agreement. motion Trustee Naillmoved, and Trustee Sumrallseconded the to openthe Executive Motion carried: 6-0. Session. Open: 5:31p.m. Trustee Cwiklin arrived 5:35 Exit: 7:30 p.m. motion Trustee Shapiromoved, and TrusteeNaill seconded the to closethe Executive Motion carried:7-0. Session. 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 Executive Session, which was not recorded, constituted a privileged attorney-client communication. Boots Ferguson, Special Counsel Page 2of 3 4.Consent Agenda: a)Minutes –June 27, 2012 Meeting b)Resolution 2012-07-01 Grand Park Filing 2A Surety Reduction motion Trustee Cwiklin moved, and Trustee Shapiro seconded the to approve the Motion carried: 7-0. consent agenda. 5.Open Forum : 6.Updates: a)Howard Neville –Middle Park Hospital Foundation Doc Susie Sculpture Proposal Mr. Neville offered the Board the opportunity to purchase the artists copy of the Doc Susie sculpture he is working on. 7.Public Hearings: a)Bottle Pass –to be continued to August 15th 8.Discussion and Possible Action Regarding: a)Resolution 2012-03-05 Regarding Byers Peak Ranch Annexation Mayor Smith requesteda motion to continue until August 1, 2012 to allow staff to forwarda letter to Byers Peak Ranchand asked staff to correct dates in the Resolution. Mr. Bestall addressed the Board regarding the owners desire to move forward with development. The ownership feels it’s time to move on. motion Trustee Naill moved, and Trustee Shapiro seconded the tocontinueResolution Motion 2012-03-05 Regarding Byers Peak Ranch Annexationuntil August 1, 2012. carried: 7-0 b)Ordinance 397 Unlawful Conduct on Public Property Chief Trainor addressed comments from the Board. motion Trustee Cwiklin moved, and Trustee Sanders seconded the toapprove Motion carried: 7-0 Ordinance 397 Unlawful Conduct on Public Property. c)Ordinance 398 Concerning Discharge of Firearms in Town Trustee Naill had some questions regarding the ability to discharge a firearm within town limits. This law was previously in the Town Code but had been unintentionally removed during the codification process. motion Trustee Cwiklin moved, and Trustee Sumrall seconded the toapprove Motion carried: 7-0 Ordinance 398 Concerning Discharge of Firearms in Town. d)Ordinance 399 Amending Minimum Meetings Requirements of the Water Wastewater Committee Page 3of 3 Concerns were raised about the need to meet on a monthly basis. TM Durbin explained that the Committee would continue to meet monthly in the near future but this Ordinance would allow some latitude with the meeting requirements, to avoid expenses for unnecessary meetings. motion Trustee Shapiro moved, and Trustee Sumrall seconded the toapprove Ordinance 399 Amending Minimum Meetings Requirements of the Water Wastewater Motion carried: 7-0 Committee. e)Old Town Fraser Business District Signage Elizabeth Kurtak addressed the Board regarding the conversations she had with business owners in the “Old Town Fraser” business district. Town Board directed staff to proceed with two maximum 20 sq. ft. signs referencing Fraser Old Tow Business District. f)Business Directional Signage Program Trustee Naill recused himself from this discussion. TP Trotter addressed the Board on the need to update the current business directional signage. Staff suggests sending out an RFP to get proposalsand ideas.The Board directed staff to move forward with the RFP process. g)Park Planning and Design TM Durbin spoke to the Board about turning the FroDo property into a park. Staff suggests sending out an RFP for design services, Town Board concurred. h)Economic Development General discussion among the Board regarding the current Fraser business climate. 9.CommunityReports: MS Muckruckus has asked the Town to waive the fees for the bulk water usage they are requesting. motion Trustee Naill moved and Trustee Sanders seconded the to approve waiving the Motion carried: 7-0. fee for the bilk water usage. 10.Other Business: motion Trustee Shapiro moved, and Trustee Cwiklin seconded the to adjourn. Motion carried: 7-0. Meeting adjourned at 9:40p.m. Lu Berger, Town Clerk TOWN OF FRASER RESOLUTION NO. 2012-03-05 A RESOLUTION REGARDING THE ANNEXATION PETITION FOR THE PROPERTY KNOWN AS BYERS PEAK RANCH WHEREAS,an AmendedPetition for Annexation of the Byers Peak Property was filed with the Town of Fraser on November 26, 2007; and WHEREAS,a Public Hearing was held on February 6, 2008 for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105 of Colorado Revised Statutes, or such parts thereof as may be required to establish eligibility for annexation; and WHEREAS, the Town Board adopted Resolution 02-01-08 which determined that the property is eligible for annexation and thataction on the proposed annexation shall be deferred until the terms of the annexation agreement are negotiated, or until the Board otherwise determines to act upon said proposed annexation WHEREAS,the Town of Fraser and Byers Peak Properties entered into a Pre- Annexation agreementon October 6, 2010 in order to confirm their understanding and agreement as to how annexation negotiations and proceedings would be conducted; and WHEREAS, the Pre-Annexation Agreement provides that the parties will enter into good faith negotiations to develop a mutually acceptable annexation and development agreement; and WHEREAS, the Pre-Annexation Agreement provides that the Town may deny the Petition at any time if it concludes that the parties cannot reach aconsensuson an annexation and development agreement, or if the Town decides not to annex the property for any other reason. WHEREAS,the Planning Commission held Public Hearings in regarding the proposed zoning for the property on March 23, 2011, April 27, 2011, and May 25 2011 and recommended Planned Development District Zoning with conditions, many of which might be addressed via an Annexation Agreement and were therefore subject to Town Board negotiations; and WHEREAS,the Town Boardestablished Annexation Committee who met regularly with Staff and the Town Board reviewing proposed terms and conditions and also met with the proponents on October 26, 2011, November 2, 2011, December 6, 2011. Additional meetings were scheduled and then cancelled during 2012 due to a lack of progress toward mutually acceptable terms. Pursuant to Town Board discussion at the March 21, 2012 Town Board meeting, the Annexation Committee met again with the proponents on May 2, 2012, May 16, 2012, May 30, 2012, and June 13, 2012; and WHEREAS,on February 27, 2012 the Town was provided with a Notice and Joinder of property subject tothe 2007 Annexation Petition that had been conveyed in 2009 from Byers Peak Properties to Byers Peak Downhill Properties; and WHEREAS,it is the policy of the Town Board that development should occur within incorporated areasand that it should occur ina manner that is not detrimental to, or at a cost to, other propertieswithinor citizens of the Town; and WHEREAS, the Town of Fraser and petitioner haveworked diligently and expended significant resources pursuing mutually agreeable terms and conditions of annexation; and WHEREAS, the most recent annexation agreement language provided to the Town is notmeaningfullycloser to mutually agreeable terms than drafts provided over one year ago; and WHEREAS, the Town Board held a public hearing on March21, 2012 as requested by the petitioner to allow an opportunity to clearly communicate its respective positionto the Town Board and for the purpose of considering whether to continue or discontinue negotiations for an agreement regarding annexation and development of the subject property, and/or to deny the Annexation Petition in accordance with the provisions of the Pre-Annexation Agreement. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1.The Board finds and determines that the Town has been unable to reach an agreement with the owners of the property that is the subject of said Petition for Annexation, despite good faith efforts, and it is unlikely that further negotiations would result in a mutually acceptable agreementat this time. The major issues and concerns on behalf of the Town relating to the annexation and development of said property are summarized in the Memorandum to Byers Peak Properties from the Town Board, datedFebruary 15, 2012, which was made a part of the record of the public hearing. The Board finds that the property owners have failed to satisfactorilyaddress those issues and concernsin a manner that justifies continued efforts by the Town to resolve the same. 2.The Board hereby rejects and denies said Petition for Annexation and terminates all proceedings relating to said Petition, without prejudice, however, to consideration of a future petition for annexation of all or part of the same property included in said Petition. 3.The Pre-Annexation Agreement provides that owner shall reimburse the Town for all outside costs incurred in connection with annexation and related zoning proceedings, including without limitation all expenses of outside consultants. To date, the Town have expensed over $60,000 in legal fees that have not been charged to petitioner given the status of our negotiations. Pursuant to the terms of the Pre-Annexation Agreement, the $10,000 deposit will be applied toward those expenses. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES th THIS 18DAY OF JULY, 2012. Votes in Favor: Votes Opposed: Absent: Abstained: BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO (S E A L) By: Mayor ATTEST: Town Clerk 1111111 r in Arliik <1 co —1 O i t, 0 O z Z 7) H a z 1:1 O 0 0 O L i voinn.i"vvoninnn2anneatnnve„rxnnnrrn vonnnnb ng 728 „f3t)21 plhont 97();728„()1"7 tax E a) co Q c6 a) 2 U to 2 i 'z a) O C O _c (6 c CO a) C( D C ,->'-c 0 (6 C L L HD a) mW >,I— 11 2 _1 I— co a) U O 0 O O 0 0 a) Q U W y"(6 u.:%12.0ireatvede,rern U) 0 a 0 a U) CD U) u i a) CN _C 0 p c a c as To a) o o C O o C co 0_ 0 0) a) C _c 0 T< P C o o 0 C T 5 E 7 c c .c t 8 0 0 7/5 5 -E (7) 0 c c o a) a) 0 u) C C c C 0 C a) L a) o 0_ E (1) 2 •(7) Q .5 a) a (0 c c a) E 12 13 _0 e T 5 HO E r, 0 tO) 0 0 O .0 111.111' co to) lv II 1111111111 44, 1 i LL z a W CD Z CD c 4 J Z F- a) NN L.1. a) U) U- 0 0 9- U) C 0 E C 0 0 a) 0) 10 1 11111N11"'' I 2 N 0 2 II 0 it CM a) 2 co 0 4,, iiii111,11,,l'ilii* 411\'CI 00 fill CD Z —w in Z IT. 0 ct •2. ,Ho ,,1111 000011111 00 000101111111110111iiiliiiiiiiiiiii011 votvivv„(,),?:areative„rx)rn 97(:) 726 „f30,21 970;726 „(D1 "74. fax E :(13 o 0) ID 0_ C 00 "st 0 g 0 a5 co 0 0 ii) C 0 CO 0 0 16 (11 2? TO TD cm Til i 4 TO b E -c -5 r 7 6- L a) 0 o E c c o 0) c •5 w o o o) c c o) 0 co c a fi o c E o u) D a5 2 0 L o ro 0 r E I c V) si C -c e q 2 a 2 c -8' C3 WI u) 7_(T 6D 7_(T I- o I— D I— _i I— 0 I C.) voiN"oix.""2"ara5 vvet) 9 726 „8'),21 pIhrzyt 97();7726 "741, fax 1111111110011111111110000000000001 111111101110 11 11,1000001 v o 1 1 00010000000000000000000000000 6 100000001101 1 11111 1 1 1 1 1 1 1 1 1111 0 1100 1 0000000000000000 a) cr) a E as a) 0 _c a) as _c a) 0 C 0) voiN"vvut)2areativiarx)rn vvt, 9 phrzyt-ic3, C a) 0 0 NI 0 a) E a) C 0 a) a 0 00 voiN"vvut)2areativiarx)rn vvt, gyff),„ 726 „8021 phrzyt 971'3;726 „(D1 "74. fax voiN"vvut)2areativiarx)rn vvt, gyff),„ 726 „8021 phrzyt 971'3;726 „(D1 "74. fax C o 6 (15 P a) a) a) _a TD E 73 a) C _a u) CO ui c a) o p c D u) 2 _c 05 73 E _c 4 2 To a i c 0 15_ (0 To _2 g c r c.) o 0 a) t _1 _1 Cr) 0 LO i fi 71 2 ILI 7 0 5 1 73 E "E 6 I E L" (I) ea as a0 C 0 0 .0 a5 0 c 2 C m O a5 CO C Z P (7) 15 a) 0 C I 0 E o m 0 0 0 (7) a) (13 L C 0 t (D o_ u) co 0 k- E c7 0) .(T5 -P c 0 C/5 0 'ZC U)© voiN"vvut)2areativiarx)rn vvt, gyff),„ 726 „8021 phrzyt 971'3;726 „(D1 "74. fax PUBLIC WORKS BRIEFING (As of 7/25/2012 for 8/01 meeting) WATER~ Our contractor for the flow control diversion structures has had to postpone their start date until sometime in late July due to the tail waters of these monsoonal storm patterns keeping the work area saturated. Water main line flushing and fire hydrant and valve exercising operations are COMPLETE. We are addressing some well operating issues in the Rendezvous system. SANITARY SEWER~ completed Anderson Services cleaning and videoing approximately 26,700 LF of sewer lines in the Willows, Cozens Meadow, Cozens Pointe and areas downstream of these areas mainly in the southern portions of old town. STREETS~ th completed Our chip and seal contractor began work on July 18 and have all of the roads that were leftover from the 2011 contract including three others that were added as a result of some cost savings for in-kind work from TOF. They have also completed Old Victory Road and moved into the Rendezvous th subdivision on July 24. They anticipate finishing the chip application by the end th of this week, July 27, with the final sweeping and fog sealant being applied early th the week of July 30, weather dependant of course. Lane striping will take place in the following weeks. ks began work on the Upper Wapiti Drainage Swale project on July th 18 and have poured the lower section of new drain pan. Though fighting through the monsoonal storm patterns they continue with the middle portion of the project and anticipate completing the final upper section by sometime next week, weather dependant of course. GARDENER~ Cathleen began noxious weed spraying in several areas of town (parks and th and will continue through the summer in between cloud bursts and the winds. OTHER~ Questions? anordin@town.fraser.co.us or 970-531-1844. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com sestall Collaborative Limited PO Box 3788 Evergreen,CO 80437 720.810 6480 bestbuesky @msn.com J;-2._ Jeff Durbin, Town Manager Town of Fraser P.O. Box 370 Fraser Colorado 80442 RE: Byers Peak Ranch Annexation Agreement: Written Concurrence Dear Jeff: This is to confirm Byers Peak Properties and Byers Peak Downhill Adventures generally concur with the conceptual terms of agreement' as outlined in your letter of July 24th. As you mentioned and the owners agree, there are some items that need clarification and others that have not been discussed in sufficient detail which can be addressed in the Annexation Agreement. But, essentially, we believe your letter comports to the understanding reached with the Annexation Committee as outlined in my letter of June 18, 2012. Specifically —we find the following acceptable: A. Streets — Generally concur. B. Pond Excavation and Land Development— Generally concur with these as off-site transport and sale operation standards, and of course, the requirement to comply with all applicable Town, State and Federal Rules, Regulations and Statutes; and to comply with State Engineer's regulations for underground and surface water. C. Water and Sewer— Generally concur with this section and agree that legal clarifications are necessary for water rights and infrastructure. D. Other Matters - Concur that there are some items that have not been fully discussed and must be addressed in the Annexation Agreement. 1 E. Costs — Generally concur that Byers Peak and Byers Peak Downhill are responsible for further (from this point moving forward) costs of the Town's consultants for review and commenting on the annexation agreement documents provided by Byers Peak and Byers Peak Downhill Adventures - with the understanding that the BPR consultants are primarily responsible to produce the Annexation Agreement documents. Attached is a revised draft of the Annexation Agreement previously provided to the Town - most recently in March 2012. It incorporates the items negotiated by the Town's Annexation Committee as identified in your letter and agreed to by Byers Peak. We would like to schedule a meeting with you and the Town's attorney to finalize the Agreement language. We look forward to completing this process and appreciate your efforts to that end. Thank You. Sincerely, )UJC Jack Bestall, Principal Bestall Collaborative, Ltd. cc: Clark Lipscomb Attachments 2 Bestall Collaborative Limited PO Box 3788 Evergreen,CO 80437 720.810 6480 bestbueskyOmsn.com March 12, 2012 Town of Fraser Board Members Jeff Durbin, Town Manager Fraser Colorado RE: Byers Peak Ranch Annexation Annexation Agreement Proposed Resolution Dear Board Members: In response to the Board's request for information leading to the resolution of outstanding Byers Peak Ranch Annexation issues we offer the following solutions. A. Provision of reliable water augmentation storage. Byers Peak will construct water storage facilities properly and in a timely manner. a. Water Storage Construction Commitment. Byers Peak will design, construct and dedicate water storage ponds with up to 50acft of capacity at its sole cost and expense— Engineer's Estimate: $5,000,000. b. Storage Construction Standards.The ponds will be constructed in compliance applicable State and Town regulations and pass inspections. c. Construction and Conveyance Schedule—Complete by 2020. • Byers Peak Ranch Augmentation Pond will be designed/located no later than 2016 and constructed and conveyed to the Town no later than 2018. • Elk Creek Ditch Augmentation Pond will be designed/located no later than 2018 and constructed and conveyed no later than 2020. d. Town Certainty of Storage. Byers Peak will provide easement license to the Town for 50 acft of storage in existing ponds at Grand Park in the event any one of the dates above are missed. Town will have sufficient water storage if Byers Peak should not construct the new ponds in already constructed existing water storage at Grand Park. B. Water Plant Investment Fees (PIF-tap fee) Reimbursement. Additional users from Byers Peak Ranch will create additional revenue for the Town. a. Grand Park System Reimbursement.The Grand Park system can be used to serve Byers Peak Ranch. For the benefit of its investment in the Grand Park water system and bringing more water users online, allowing additional fee revenue to the Town—the West Mountain Metropolitan District would be reimbursed from each Plant Investment Fee(PIF-tap fee) in conformance with the Grand Park procedure. 1 b. Old Town System Reimbursement Alternate. As an alternate Byers Peak Ranch could elect to use the Old Town system not to exceed 120 residential units or an equivalent amount of commercial or mixed-use development proximate to Mill Avenue. In this case Byers Peak Ranch would pay for the improvements necessary for two (2) Old Town wells (Source Facilities) necessary to serve the development.The West Mountain Metropolitan District would be reimbursed from each Plant Investment Fee (PIF-tap fee) not to exceed the actual cost of the well and related regional improvements. c. Water Augmentation Storage Reimbursement.The West Mountain Metropolitan District would be reimbursed for the actual cost of constructing the 50 acre feet of water augmentation facilities through PIF reimbursements in accordance with the Grand Park procedure. C. Sanitary Sewer Plant Investment Fees (PIF-tap) Reimbursement. The paid for Consolidated Plant currently operates at 20% capacity with too little wastewater to process waste affectively. Additional users from Byers Peak Ranch will help the plant operate more effectively and create additional revenue to the Town or allow the Town to reduce its quarterly costs to the residents of the Town. a. 50/50 Reimbursement. For the benefit of its investment in a sewer system and bringing more sewer users online, allowing the Town to build reserves for future improvements to its plant when necessary—the West Mountain Metropolitan District would receive 50% reimbursement from each Plant Investment Fee(PIF-tap fee) not to exceed the actual cost of the construction of the sewer system. D. Public Water and Sewer System. All development on the property will be served by the public water and sewer system, except for the phase out provisions related to the Colorado Adventure Park, or as may be otherwise approved by the Town. E. Public Streets. Streets within the development need to be public, with the exception of roadways for multi- family or condominium type projects. Private streets would place too high a cost burden for maintenance and long term replacement on future property owners and would not allow the achievement of an `affordably priced'community making the cost of ownership of a home significantly higher than current units in the Town of Fraser. F. Gravel Operations Controls. Much of the gravel produced from constructing ponds and water storage will be utilized on site, however, it is necessary to have a commercial gravel operation to deal with the excess gravel that will be created. a. 15 Year Limit. The gravel operation would be limited to 15 years. b. Town Control. Grading, excavation, stockpiling or export of excavated material from the Property shall be subject to review by Fraser for compliance with the Gravel Operations Plan and Grading Permit. c. State Control. Grading, excavation, stockpiling or export of excavated material from the Property is also under the regulatory control of the State of Colorado Office of Economic Development, Colorado Department of Natural Resources, Division of Mining Reclamation and Safety ("DMRS") permitting process. 2 The revenues from fees, PIF's, sales and property taxes coming from Byers Peak Ranch more than offset the Town's costs and the development of Byers Peak Ranch will lay a foundation for more investment and additional revenue. The addition of more users on the water and sewer systems will result in additional revenues to operate the system, which could result in the Town agreeing to reduce water and sewer rates for all users of the Town's systems. The proximity of Byers Peak Ranch to the Town provides a very efficient service area; and the addition of a 6- acre maintenance facility, water augmentation facilities and addition to the Fraser Cemetery are clear benefits to the community. We look forward to discussing this with you at the April 18th Town Board meeting. Sincerely, I Jack Bestall, Principal Bestall Collaborative, Ltd. 3