HomeMy Public PortalAboutTBM 2013-05-29 FRASER BOARD OF TRUSTEES
MINUTES
DATE: Wednesday, May 29, 2013
MEETING: Board of Trustees Special 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 Sanders and Adam Cwikfin
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
Mayor Smith called the meeting to order at 6:00 p.m.
1. Regular Meeting: Roll Call
2. Approval of Agenda:
Resolution 2013-05-02 was added to the agenda.
Trustee Shapiro moved, and Trustee Waldow seconded the motion to approve the
Agenda as amended. Motion carried: 7-0.
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 Byers Peak Ranch and to
include Special Counsel Ferguson, Town Manager Durbin, Town Clerk Lu
Berger, Public Works Director Nordin, Planner Trotter and Finance Manager Havens.
Open: 6:02 p.m.
Trustee Sumrall moved, and Trustee Shapiro seconded the motion to enter into
executive session. Motion carried: 7-0.
Exit: 6:57 p.m.
Trustee Shapiro moved, and Trustee Waldow seconded the motion to exit executive
session. Motion carried: 7-0.
Attorney's Opinion Required by C.R.S. 246-402(2)(d 5)(11)(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.
x ' ( Page 2 of 3
Boots Ferguson, Special Attorney
i
4. Consent Agenda:
a) Minutes as amended— May 15, 2013
Trustee Waldow moved, and Trustee Naill seconded the motion to approve the consent
agenda. Motion carried: 7-0.
5. Open Forum:
Motor spoke on the need for affordable housing in the area.
Liz McIntyre spoke as a member of Mt. Park Electric regarding HB 13-252. Ms. McIntyre
asked the Town to consider a letter to the Governor supporting HB 13-252.
Trudy Rozas spoke regarding a nuisance property across the street from a property the
Rozas own at 838E Quail. Steve Campbell reiterated Mrs. Rozas concern with the
nuisance property on Quail.
6. Updates:
7. Public Hearings:
a) Byers Peak Ranch
i. Petition for Annexation for Byers Peak Ranch for the Annexation
of Territory to the Town of Fraser;
ii. Approval of Byers Peak Ranch Annexation and Development
Agreement;
iii. Application for an Amendment to the Official Zone Map for PDD
Zoning and Approval of PDD Plan for Byers Peak Ranch
iv. Application for Approval of Vested Rights as set forth in the
Annexation Agreement;
V. Application for Approval of Development Permit for Colorado
Adventure Park;
vi. Application for Approval of a Subdivision Exemption;
vii. Approval of Amendments to Service Plan for the West Mountain
Metropolitan District_
viii. Approval of Grading and Excavations Plan
Trustee Sanders moved, and Trustee Naill seconded the motion to open the public
hearing on Byers Peak Ranch, Motion carried: 7-0.
TM Durbin outlined the contents of the packet for the Board.
Trustee Naill moved, and Trustee Cwiklin seconded the motion to close the public
hearing on Byers Peak Ranch. Motion carried: 7-0.
The Board individually voiced their interest regarding the annexation of the property.
Mayor Smith broke the agreement into major points and the Trustees voiced their
opinions on the terms of those points.
Page 3 of 3
8. Discussion and Possible Action Regarding:
a) Consideration of an Ordinance Annexing to the Town of Fraser the Byers
Peak Ranch Property
b) Consideration of an Ordinance Approving the Byers Peak Ranch Property
Annexation and Development Agreement; and Approving the Creation of Vested
Property Rights
C) Consideration of an Ordinance Zoning Newly Annexed Property, Amending the
Local Zoning Map of the Town of Fraser and Approving the Byers Peak Ranch
Planned Development District Plan
d) Consideration of a Resolution Approving a Development Permit for
Colorado Adventure Park;
e) Consideration of a Resolution Approving a Subdivision Exemption Plat
f) Consideration of a Resolution Approving Amendments to Service Plan for
the West Mountain Metropolitan District.
g) Consideration of a Resolution Approving a Grading and Excavations Plan
Trustee Sumrall moved, and Trustee Naill seconded the motion to approve discussion
and possible action items A-H with the following conditions:
• Amendment to Byers Peak Ranch ponds references to limit the Byers Peak
Ranch augmentation ponds to no more than 4 ponds.
• Conditioned on changing the height limit in planning areas 1,2,3 & 7 in the Byers
Peak Ranch PDD to 45'.
• Subject to clean up of non-substantive language. Motion carried: 6-1.
Waldow: Nay Naill: Aye
Shapiro: Aye Sanders: Aye
Cwiklin: Aye Sumrall: Aye
Smith: Aye
9. Community Retorts:
10. Other Business:
Trustee Shapiro moved. and Trustee Naill seconded the motion to adjourn. Motion
carried: 7-0. Meeting adjourned at 9:25 p.m.
aA
J Lu Berger, Town Cler
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