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Home My Public Portal AboutTBM 2008-08-06FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, August 6, 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, Scotty Brent, Joyce Burford and Eric Hoyhtya Staff: Town Manager Jeff Durbin, Town Clerk Lu Berger, Finance Manager Nat Havens, Public Works Director Allen Nordin, Town Planner, Catherine Trotter Others: See attached list Mayor Cook called the meeting to order at 5:28 p.m. 1. Roll Call 2. Approval of Agenda: Trustee Burford moved, and Trustee Sumrall seconded the motion to approve the Agenda as amended- moving 9d, grader purchase, to the 8 -20 -08 agenda. Motion carried: 6 -0. 3. 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) and for the purpose of conferring with the Town Attorney in order to receive legal advise on specific legal questions relating to said negotiations, pursuant to C.R.S. 24- 6- 402(4)(b) Entered into Executive Session: 5:31 p.m. Trustee Hoyhtya moved, and Trustee Sumrall seconded the motion to enter 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) and for the purpose of conferring with the Town Attorney in order to receive legal advice on specific legal questions relating to said negotiations, pursuant to C.R.S. 24-6 402(4)(b) and including TC Berger, TM Durbin, TA McGowan, FD Havens, TP Trotter, PWD Nordin, Attorney's Chris Thorne Kevin Bridston via phone. Motion carried: 6 -0. Trustee Cwiklin moved, and Trustee Hoyhtya seconded the motion to exit 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) and for the purpose of conferring with the Town Attorney in order to receive legal advice on specific legal questions relating to said negotiations, pursuant to C.R.S. 24-6 402(4)(b). Motion carried: 6 -0. Exited Executive Session: 6:30 p.m. Attorney's Opinion Required by Colorado Revised Statute, Section 24-6 402(2)(d.5)(II(B). As the attorney representing the Town of Fraser. I am of the opinion that the Executive Session, which was not recorded, constituted a privileged attorney- client communication. Rodney R. McGowan, Legal Counsel 4. Consent Agenda: a) Minutes- July 30, 2008. b) NWCCOG Elevator Inspection MOA Trustee Burford moved, and Trustee Cwiklin seconded the motion to approve the consent agenda. Motion carried: 6 -0. 5. Open Forum: a) Wally Alves- addressed the Board on issues surrounding sewer and water taps he felt he had been given by a previous Board. TM Durbin explained to the Board that no record of these taps could be found in Town records. Board directed FD Havens to track down Vicki Winter to find out her recollection of the agreement. TM Durbin to follow up with Wally Alves with what was found. b) Connie Clayton- dog problem, dog catcher not on full time is an issue. Heard of an incident where a guide dog was attacked. TM Durbin will follow up with Chief Trainor. c) Melanie Zwick- Cornerstone signs, do they conform to the sign code? The Town's position is they do require a sign permit. Cornerstone doesn't believe they fall under the sign code so went ahead with installing the signs. Can they be penalized for installing signs without a sign permit? Zoning violations go through the court; need to see how this progress. d) Greg Galivan- Member of the Recreation Department Board of Directors. He voted against signing the contract with Grand Park, for the Rec Center. Greg asked the Board for their help in getting the Rec Center names The Fraser Valley Rec Center at Grand Park, the name has not yet been definitively determined 6. Updates: a) WPFV Chamber- Catherine Ross distributed Fraser River Days t- shirts and schedules. 10:00 a.m. dedication of the Ike's statue. Second weekend of the Parade of Homes. Next weekend, Veteran's Rally and Hawg Fest, need parade entrants. Picnic in the Park was a success. Craft fair this weekend. b) Fraser Valley Metropolitan Recreation District- Scott Ledin reported lots of activities going on; special events, fundraisers, coed soccer tournament. Construction at the school has been challenging with the day camps. Digital conversion options- may purchase a digital to analog convertor, allowing users to continue with their TV service without any change. Rec Center meeting next week will address the issue. $700,000.00 raised by the Rec Center Foundation for the add -ons. Close to their goal. They are awaiting outstanding grants to purchase add alternates. Going to bi- monthly meetings for August September. Trustee Brent asked about the name of the Rec Center, currently believed to be the Grand Park Recreation Center. Austin Watson with ARC working on three of the community enhancement projects. Water sewer to the ball fields is currently on the back burner right now. Club house project about 2 weeks behind the Rec Center project, currently on track. Close to receiving the building permit. Project is on budget as of now. Space has been added to the building to accommodate add alternates if the monies are provided. c) Fraser Sanitation District- Joe Fuqua, FSD Board acted upon the dissolution resolution and agreement to continue services, approved and signed. 7. Public Hearings: a) None 8. Discussion and Possible Action Regarding: a) Second Amended Annexation Agreement for the Emery Property- TM Durbin relayed Scott Emery's regrets for missing the meeting. Agreement has been on the table for a couple of years, now have signed agreement. TM Durbin recommended proceeding with the signing of the agreement and ordinance. Trustee Hoyhtya moved, and Trustee Cwiklin seconded the motion to approve Ordinance 345 approving the Second Amended Annexation Agreement for the Emery Property. Motion carried: 6 -0 b) Grand County Historical Association request for Use Tax Waiver- TM Durbin recommended approval of waiving the $587.00 in use tax. Trustee Cwiklin moved, and Trustee Hoyhtya seconded the motion to approve the Grand County Historical Association request for Use Tax Waiver. Motion carried: 6 -0 9. Action Items: a) Subdivision Exemption Plat- Grand Mountain Bank Center- TP Trotter gave the Board a brief synopsis of the project. A briefing was included in the packet. The PC recommended approval of a subdivision exemption plat and a development permit for Grand Mountain Bank (GMB) with conditions. Per the subdivision regulations, an exemption plat may be processed for the purpose of revising lot lines, only if it creates no more that the prior recorded number of lots and all revised lots conform to the lot dimension requirements in the zoning code. This is in fact the case here. The applicant is proposing to construct a new bank on the new lot 1. They have submitted a change in use permit to CDOT to close the north access to the existing property and utilize the existing southern curb cut as full access movement. Both accesses are currently utilized as full movement. This is a development permit issue. Brown and Caldwell have provided results of their fire flow analysis for the project. Per a memo from BC, "the project is proposed in an area where fire flow issues have previously been identified by BC and the Town due to inadequately sized pipeline infrastructure, portions of which are projected for replacement in the future." The existing conditions at the site mandate that the applicant extend an existing water main southeast of the site. We are working with GMB on cost sharing with the design/build of a water main extension that will provide needed water for the bank project and assist the Town with fire flow issues. Jim Swanson is currently finalizing the design of this water main. A 30' water line easement for this new water main has been prepared and will be finalized when the location is determined. Jim Swanson has provided a memo dated July 26 2008. The applicant needs to address his concerns in said letter. Grand Mountain Bank agreed to put a fence between the bank property and the Clayton property, as soon as initial grading allows. Trustee Cwiklin moved, and Trustee Burford seconded the motion to approve the Subdivision Exemption Plat- Grand Mountain Bank Center with the following conditions: Trustee Cwiklin moved, and Trustee Burford seconded the motion to withdraw the motion approving the Subdivision Exemption Plat- Grand Mountain Bank Center. Discussion on what conditions needed to be included in the motion followed. Trustee Cwiklin moved, and Trustee Hoyhtya seconded the motion to approve the Subdivision Exemption Plat- Grand Mountain Bank Center with the following conditions: 1) Revise the plat and /or declarations to reference the joint 6" sanitary sewer service, if approved by FSD. 2) Approval of all documents by Town Engineer. 3) Approval of all documents by the Town Attorney. Motion carried: 6 -0 b) Cozens Meadow Old Victory Road Final Acceptance- TM Durbin outlined the project and suggested approval of Resolution 2008 -08 -01 granting acceptance. A discussion regarding drainage onto the road from an adjacent property owner's property was held. PWD Nordin has had discussions with the property owner on the repairs that need to be made. The property owner has verbally agreed to the repairs but has yet to implement them. Trustee Sumrall moved, and Trustee Brent seconded the motion to approve Resolution 2008 -08 -01 approving Cozens Meadow Old Victory Road Final Acceptance conditioned upon: 1) Delivery of a deed in acceptable form 2) Satisfaction of the title insurance requirements, including the partial release of deed of trust and payment of the insurance premium. Motion carried: 6 -0 c) Fraser Sanitation District Dissolution- TM Durbin briefed the Board on the previous evenings FSD Board meeting. FSD approved the Dissolution Resolution and the Agreement to Continue Services TM Durbin asked to bring this back to the Board on August 20, 20008. This will give the Town time to look into an insurance clause in the Agreement to Continue Services. d) Road Grader Purchase Authorization Moved to August 20th agenda. e) Mission Statement- A proposed Mission Statement was included in the Board's packet and read by TM Durbin. After discussion the final Mission Statement was read by Trustee Sumrall Trustee Cwiklin moved, and Trustee Hoyhtya seconded the motion to approve the PC Mission Statement. Motion carried: 6 -0 10. Committee Reports: a) Working on getting the budget committee together, stay tuned. 11. Staff Reports: Town Clerk- Church being used for summer school this week and next. Finance Manager- Auditor coming to the Sept 3rd meeting to address the Board. Town Planner- Emery working towards building a new building. Working to get the Rec Center building permit going next week. Director of Public Works and Water- Progress on well 5. Pond is temporarily full. Capital improvements on the wells being done. Well 3A coming back online. Mayor Cook complimented the gardening crew and thanked PW for the extra special cleaning of the Pavilion for the Ike statue dedication. Town Manager- August 18th Mayors, Managers and Commissioners meeting in Winter Park. Encouraged Board to attend Mayor Cook- Encouraged Board to attend the Ike statue dedication, 10:00 a.m. on Saturday August 16th. 12. Other Business: Trustee Cwiklin moved, and Trustee Sumrall seconded the motion to adjourn. Motion carried: 6 -0. Meeting adjourned at 9:08 Lu Berger, To