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Home My Public Portal AboutTBM 2015-07-29 FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, July 29, 2015 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Mayor Peggy Smith; Mayor Pro-Tern Philip Vandernail; Trustees; Eileen Waldow, Katie Soles, Cody Clayton Taylor and Andy Miller Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; Public Works Director Allen Nordin; Town Planner, Catherine Trotter; Police Chief, Glen Trainor, TA McGowan and Asst. Town Manager Bektur Sakiev Others: See attached list Mayor Smith called the meeting to order at 6:00 p.m. 1. Regular Meeting: Roll Call 2. Approval of Agenda: Trustee Soles moved, and Trustee Vandernail seconded the motion to approve the agenda. Motion carried: 6-0. 3. Executive Session: For a conference with the Town's 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 water/sewer matters and Development matters and to include TA McGowan, Special Counsel Thorne, TM Durbin, PWD Nordin, TP Trotter and TC Berger. Trustee Taylor moved, and Trustee Soles seconded the motion to enter executive session. Motion carried: 6-0. Enter: 6:01 p.m. Exit: 7:05 p.m. 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 Sess'.n, • is was not recorded, constituted a privileged attorney-client communicatii Or- Rod McGowan, Town Attorney Page 2 of 4 Trustee Vandernail moved, and Trustee Soles seconded the motion to exit executive session. Motion carried: 6-0. 4. Consent Agenda: a) Minutes—July 15, 2015 b) Resolution 2015-07-04 Approving a Business Enhancement Grant for Cozens Ranch Museum Trustee Waldow moved, and Trustee Vandernail seconded the motion to approve the consent agenda. Motion carried: 6-0. 5. Open Forum: 6. Public Hearings: 7. Discussion and Possible Action Regarding: a) Resolution 2015-07-03 Approving Elk Creek at Grand Park Final Plan and Final Plats Filings No. 1 and Filing No. 2, Planning Area 5W Grand Park Scott Albertson and Clark Lipscomb, representing Grand Park, addressed the Board regarding concerns they had with conditions on Resolution 2015-07-03. Terry Stanford, representing Rendezvous, requested the Board revisit condition #10 regarding Mary's Pond Access agreement. Resolution 2015-07-03 was amended to read as follows: The Town Board of Fraser, Colorado hereby approves the Final Plan and Final Plats Filing No. 1 and Filing 2 for Elk Creek at Grand Park, Grand Park PDD with the following conditions: 1. The applicant shall provide written documentation from the USACE confirming that the applicant is in compliance with the requirements to fill within the waters of the United States on Elk Creek within Grand Park Planning Area 5W prior to building permit issuance. 2. The Final Plan and plats boundaries encompass parts of Planning Area 23W, 4W.1 and 4W.2, thus the Final Plan title should reference those areas. Revise accordingly. 3. All engineering documents to be approved by Town Engineer. 4. All legal documents to be approved by Town Attorney. 5. A Subdivision Improvement Agreement (SIA) shall be provided prior to recordation of each Final Plat. 6. The SIA required improvements and collateral associated with those improvements shall be subject to Town Engineer and Town Attorney approval prior to execution and the schedule for completion of said improvements shall be within one (1) year of execution of the SIA. 7. Payment of all applicable fees 8. The Final Plan and Final Plats Filing No. 1 shall be executed and recorded within one hundred twenty (120) days of this resolution. The Final Plats for subsequent Page 3 of 4 Filings must be executed and recorded within five (5) years of this resolution or they shall expire unless an extension is approved by the Board of Trustees. 9. Provide 911 Mylar and electronic copy of the plat in accordance with the Subdivision Regulations and updated title commitment. 10. Prior to plat recordation, Grand Park must sign the Mary's Pond Access and Operations Agreement. 11. The Board of Trustees authorizes the Town Manager and Town Attorney to negotiate the final terms of the conservation easement and to authorize appropriate Town officials to accept and execute such easement upon approval of the terms thereof by the Town Manager and Town Attorney. 12. Change General Note#15 on the Final Plan to state the following: Elk Ranch Road shall be improved from CR72 through Filing No.1 as a twenty- four foot (24') wide all-weather surface (CDOT Class 6 road base) access road constructed to the lines, grades and vehicle weight loading requirements of the Town of Fraser Design and Construction Standards for a Local Street. This roadway improvement shall be included in the SIA for Filing No.3. At the completion of Filing No. 4 the all-weather surface access road shall be paved in accordance with Town of Fraser Standards and said improvements shall be included in the SIA for Filing No. 4. Until such time as the access road is paved, it shall be maintained by the HOA or Developer for year-round public access. This does not satisfy the PDD requirement to connect County Road 72 and Old Victory Road unless a trail/sidewalk connection from County Road 72 to Old Victory road is provided. 13. The Town is not requiring formal identification of an easement for the Elk Creek Ditch No. 2, at this time. However, by virtue of its ownership of decreed Elk Creek Ditch No. 2 water rights, the Town owns, and claims, all rights-of-way and easements associated with, or used for, the historical delivery of the water associated with these water rights. 14. Complete attainable housing unit audit in accordance with the Cornerstone Attainable Housing Plan no later than October 31, 2015. Prior to approving the final plat for Filing 3 or October 31, 2016, whichever comes first, the Town and Grand Park will work together to discuss sufficient market demands, negotiate the terms of the deed restriction program and discuss potential incentives. Trustee Soles moved, and Trustee Vandernail seconded the motion to approve Resolution 2015-07-03 Approving Elk Creek at Grand Park Final Plan and Final Plats Filings No. 1 and Filing No. 2, Planning Area 5W Grand as amended. Motion carried: 6- 0. b) Rendezvous Request to Amend Resolution 2015-06-01 Conditions of Approval for East Mountain Filing 9 Terry Stanford, representing Rendezvous, addressed the Board regarding the request to change the conditions of approval for East Mountain Filing 9 regarding the Mary's Ponds Access and Operations Agreement. No action was taken by the Board regarding Rendezvous' request. TA McGowan, TP Trotter, PW Director Nordin and AM Sakiev were excused from the meeting. Page 4 of 4 c) Transit Enhancements and Funding Staff' recommends Fraser embrace the opportunity to implement a year round public transit system (which would also include bus fleet upgrades), while partnering with the Town of Winter Park and that a new revenue source to fund these services be identified. The Town of Winter Park has retained Ehlers to assist with some strategic planning discussions relative to funding solutions and ballot questions. It might be cost effective collaboration for Fraser to partner with Winter Park on this effort should the Town Board desire such assistance, and Winter Park is open to that opportunity. The Trustees directed staff to partner with the Town of Winter Park in retaining Ehlers to assist with some strategic planning discussions relative to funding solutions and ballot questions. 8. Other Business: CML Policy Committee appointee will remain Trustee Waldow. Trustee Vandernail moved, and Trustee Soles seconded the motion to adjourn. Motion carried: 6-0. Meeting adjourned at 9:35 p.m. 0,1 OF p i-e4 I. Lu Berger, Town erk SEAL cotoRao° COLORADO TOWN BOARD REGULAR MEETING REGISTRATION SHEET July 29, 2015 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 order and 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 topic of discussion on the sign in sheet. Thank you for your cooperation. NAME PHYSICAL ADDRESS Email address ONLY if you wish to receive the Board Agenda when posted PLEASE PRINT LEGIBLY cE)4 sc)- s c,k)s'- ices' t(.0 t 6 M 1- t-16-, Tqc, r.ct-\ (114_,,__)1/4.., S S 4-/(7 ti (90TrL