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Home My Public Portal AboutTBM 2008-01-23FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, January 23, 2008 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Mayor Fran Cook; Mayor Pro -Tem Steve Sumrall; Trustees: Adam Cwiklin, David Pratt, Vesta Shapiro, Joyce Burford and Eric Hoyhtya Staff: Others: See attached list Town Manager Jeff Durbin, Town Clerk Lu Berger, Public Works Director Allen Nordin, Town Planner, Catherine Trotter, TA Rod McGowan Mayor Cook called the meeting to order at 6:34 p.m. 1. Roll Call 2. Approval of Agenda: Trustee Sumrall moved, and Trustee Cwiklin seconded the motion to approve the Agenda. Motion carried: 6 -0. 3. Consent Agenda: a) Minutes- January 9, 2008 Trustee Cwiklin moved, and Trustee Burford seconded the motion to approve the consent agenda. Motion carried: 6 -0. 4. Open Forum: a) None 5. Updates: a) Fraser /Winter Park Police Department- Glen Trainor- Busy the month of December: 48 accidents, 71 calls, 34 citations for Fraser. Brett Schroetlin leaves for canine school next week, will be back the middle of March. Proceeds from coffee sales at Rocky Mountain Roastery are going to help fund the canine program. Trustee Cwiklin asked about the apparent drop in the number of calls for 2007 vs 2006. PC Trainor explained they are tracking calls differently, just tracking what dispatch gives as service calls not logging all work done by the officers. b) Winter Park /Fraser Building Department- Harold Howland- report in the packet. c) Fraser Valley Metro Rec Dist.- Cyndy Flores, lawsuit was dismissed last week, plaintiff has 45 days to appeal. Strongly moving forward, extensive RFP process for management services, selected ARC from Boulder. Water and sewer is separate due to some challenges. Architectural interviews are done and firm has been chosen. General Contractor has not been determined, hoping to go local. New school age and special events coordinator- Janelle Vincent. 6. Public Hearings: Trustee Burford moved, and Trustee Shapiro seconded the motion to open the Public Hearing on Pearl Dragon II Restaurant- Hotel Restaurant Liquor License. Motion carried: 6 -0 a) Pearl Dragon II Restaurant- Hotel Restaurant Liquor License A liquor license application was received in my office on December 1 lth from The Pearl Dragon II Restaurant, located at 45 Grand County Road #84, Ste 120 130, in the Fraser Marketplace. A notice of the public hearing was published on January 10th and January 17th. The property was posted on January 10th. The license application is complete, including all payment of fees. A petition demonstrating the needs and desires of the residents containing 20 names all located in the boundaries established by the local authority was submitted. The applicant has requested a concurrent review and the application has been sent to the State to begin that process. We have received the results of the background check by the Fraser Winter Park Police Department. No adverse information that would indicate the application should not be approved was received. We are still waiting on the results from the CBI and I would suggest if approved, the motion would be conditional upon the CBI findings. Trustee Cwiklin asked what type of liquor would be served. Beer and wine, there will not be a bar, just service at the table. Trustee Shapiro moved, and Trustee Cwiklin seconded the motion to close the Public Hearing on the Pearl Dragon II Restaurant- Hotel Restaurant Liquor License. Motion carried: 6 -0 7. Action Items: a) Pearl Dragon II Restaurant- Hotel Restaurant Liquor License Trustee Hoyhtya moved, and Trustee Shapiro seconded the motion to approve the Pearl Dragon II Restaurant- Hotel Restaurant Liquor License on the condition a favorable report is received from the CBI. Motion carried: 6 -0 b) Ice Melt Permission Letter- TM Durbin gave a brief history of the contest to the Board; 4th annual Ice melt contest, asking permission again. No issues in the past. Trustee Hoyhtya moved, and Trustee Cwiklin seconded the motion to approve the request from Grand Futures for use of the Fraser pond for their annual ice melt contest. Motion carried: 6 -0 c) EMF 1B, 5, 6 7 LOC Reduction- TM Durbin briefed the Board on the status of the projects and the reductions recommended for approval. Minimum of 20% for reduction per SIA. Fraser San memo included in the packet was a misunderstanding with the engineer. FSD is in agreement with the proposed reductions. Trustee Hoyhtya moved, and Trustee Burford seconded the motion to authorize a reduction in the financial surety to: EMF 1B -20% of the original amount ($609,926.00), EMF 5-49% of the original amount ($203,793.00), EMF 6 -20% of the original amount ($181,006.00), EMF 7 -33% of the original amount ($744,119.00). Motion carried: 6 -0 8. Discussion and Possible Action Regarding: a) Opinion on Byers Peak Ranch Special Use Permit- Proposed Tubing Hill- TP Trotter reviewed the information that had been sent to the Board in their packets. The County Planning Commission recommended approval with conditions. The SUP went to the BOCC and has been continued twice. BOCC would like the Town's opinion on granting the Special Use Permit. This property has been submitted to the Town for annexation, this hearing will be held on February 6, 2008. If approved at the County level, Fraser would require an agreement agreeing to convert the well /septic system to the Town's FSD's water and sewer systems. TA McGowan recommended the motion include a clause terminating the Special Use Permit if /when the Town annexes the property. Trustee Cwiklin had concerns with the wetlands issue. He had spoken to Army Corp of Engineers, Nick Mezei concerning the issues which may arise if there are wetlands on the property. Clark Lipscomb addressed Trustee Cwiklin concerns. Brandon Smith from the County Planning Department was in attendance as a Fraser resident. Trustee Sumrall moved and Trustee Pratt seconded the motion to send an opinion to the BOCC recommending approval of the Special Use Permit for Byers Peak Ranch with the condition the Special Use Permit would be terminated upon the property being annexed by the Town, the applicant will comply with the water and sewer agreements set by the Town and FSD upon annexation and comply with all 404 regulations. Motion carried: 5 -0 b) Cozens Meadow Resolution Declaring Default of the SIA- TA McGowan outlined the status of the SIA agreement and the Performance Guarantee for the Board. Fall of 2007, the Performance Guarantee had expired and was not replaced. TA McGowan had notified Cornerstone of the default and asked for the surety to be reinstated. Cornerstone did not act on the request. Trustee Cwiklin moved, and Trustee Hoyhtya seconded the motion to approve Resolution Number 01 -01 -08 Declaring a Default under the SIA for Cozens Meadow Subdivision, Authorizing Remedial Action and Prohibiting Sales or Transfers of Lots or Homes in Said Subdivision. Motion carried: 6 -0 c) 200 Eisenhower- still waiting on appraisal. TM Durbin would like to send out another RFP on the property. Building is currently vacant. The Town may move staff into the building during an upstairs remodel. 9. Committee Reports: a) TM Durbin recommended creating a FRODO Committee and asked for the Board's participation. Meeting time and date set for Monday, January 28th at 7:30 a.m. at the Creek for the first meeting. Trustees Shapiro, Pratt, Cwiklin and Sumrall volunteered to be on the committee. 10. Staff Reports: Town Clerk- Laserfiche Conference CML Webinar- Media 101 Friday February 15, 9:00 a.m. Finance Manager- Monthly Financials Sales Tax Report Town Planner- New Applications- Planning Commission Report ZBA meeting on Friday at 8:30 to approve minutes from the meeting. Public Works Director- Water Streets Streetscape Town Manager- Tabernash resident contacted our bank requesting information on our accounts. Board room remodel update. JWG progress- Will get together with WP TM Torgler to discuss next week 11. Other Business: Trustee Shapiro asked if we are actively going after grants for beetle mitigation. TM Durbin responded. Break- 8:33 12. Executive Session- 8:40 p.m. 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); Trustee Burford moved, and Trustee Cwiklin seconded the motion to enter into 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); Motion carried: 6 -0 Trustee Shapiro moved, and Trustee Hoyhtya seconded the motion to close 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); Motion carried: 6 -0 Trustee Sumrall moved, and Trustee Burford seconded the motion to adjourn. Motion carried: 6 -0. Meeting adjourned at 9:45 p.m. Lu erger, Town Clak NAME HOME ADDRESS REPRESENTING OR AREA OF INTEREST C/4',A C ICEBOX OF THE NATION BOARD OF TRUSTEES MEETING SIGN IN SHEET