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HomeMy Public PortalAboutTBP 2014-01-22 ti r AW COLORADO 1 BOARD OF TRUSTEES REGULAR MEETING AGENDA FRASER TOWN HALL WEDNESDAY, January 22, 2014 5:00 p.m. Members of the Board may have dinner together @ 5:00 p.m. - Fraser Town Hall 5:00 pm 1. Roll Call 2. Approval of Agenda 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 a request for out of town water and sewer service and to include Town Attorney McGowan, and Town Manager Durbin. 7:00 pm 4. Consent Agenda a) Minutes —January 8, 2014 5. Open Forum a) Business not on the agenda 6. Updates 7. Public Hearing - none 8. Discussion and Possible Action Regarding a) BPR request for out of town water & sewer service b) Ordinance No. 417 Retail Marijuana Licensing OR Retail Marijuana Licensing Moratorium Extension C) RAMP financial commitment letter and agreements d) Winter Park proposed Building Code amendments e) IGA Grand County Clerk & Recorder to conduct the April 1, 2014 Mail Ballot Election 9. Community Reports 10. Staff Reports 11. Other Business Upcoming Meetings: Wed. February 5, 2014 Board of Trustees Wed. January 29, 2014 Planning Commission Posted January 16, 2014 Lu Beraer Lu Berger, Town Clerk FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, January 8, 2014 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 Sanders and Adam Cwiklin Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; Town Planner, Catherine Trotter; Police Officer, Roy Ybarra, Town Attorney Rod McGowan, Town Water Attorney Chris Thorne Others: See attached list Mayor Smith called the meeting to order at 5:11 p.m. 1. Regular Meeting: Roll Call 2. Approval of Agenda: Trustee Sumrall moved, and Trustee Cwiklin seconded the motion to approve the Agenda. Motion carried: 7-0. 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 a request for out of town water and sewer service and to include Town Attorney McGowan, Water Attorney Thorne, and Town Manager Durbin. Trustee Sumrall moved, and Trustee Shapiro seconded the motion to enter executive session. Motion carried: 7-0. Enter: 5:13 Exit: 8:10 Trustee Sumrall moved, and Trustee Naill seconded the motion to exit executive session. Motion carried: 7-0. 4. Consent Agenda: a) Minutes— December 11, 2013 b) Ordinance No. 415, Adopting, amending and confirming various fees Page 2 of 3 Jane Mather requested her comments in the 12-11-13 minutes be clarified. Trustee Shapiro moved, and Trustee Sumrall seconded the motion to approve the consent agenda as amended. Motion carried: 7-0. 5. Open Forum: 6. Updates: 7. Discussion and Possible Action Regarding: a) Ordinance No. 417, Retail Marijuana Licensing Regulations TP Trotter briefed the Board on the proposed regulations and the adopting Ordinance. TA McGowan had some revisions and outlined those for the Board. The Trustees had questioned regarding distance between retail marijuana facilities, co- locations and point of sales. Public comment was taken from: Andy Miller John Kotula Jane Mather Cristie Taylor Dan Volpe addressed the Board on his understanding of the rules since he converted his existing MM business to an RM in Empire. The Board requested the regulations allow co-location, delete the separation requirement from each business, keep the distance from the schools and child care facility, and have the operating fees the same amount as the license fees. They do not want to permit grow or manufacturing facilities at this time. The Ordinance and regulations will be brought back to the Board on January 22. TA McGowan left the meeting 9:12. 8. Public Hearings: a) Zoning Code Amendments Trustee Sumrall moved, and Trustee Shapiro seconded the motion to open the public hearing on Zoning Code Amendments. Motion carried: 7-0. Proof of publication was given. The Planning Commission held a public hearing on the zoning amendments and passed a Resolution recommending the Board adopt the amendments. TP Trotter outlined the amendment changes for the Board. Public comment was taken from: Andy Miller Page 3 of 3 Trustee Sumrall moved, and Trustee Shapiro seconded the motion to continue the public hearing on Zoning Code Amendments until February 5, 2014. Motion carried: 7- 0. 9. Discussion and Possible Action Regarding: b) Ordinance No. 416, Zoning Code Amendments This Ordinance will be brought back to the Board on February 5, 2014. 10. Community Reports: 11. Other Business: Trustee Shapiro moved, and Trustee Naill seconded the motion to adjourn. Motion carried: 7-0. Meeting adjourned at 9:51 p.m. Lu Berger, Town Clerk C O L O R A D O Planner Briefing 1-22-2014 Retail Marijuana Background Info: On July 17t", 2013, the Fraser Town Board enacted Ordinance No. 411, which imposed a temporary moratorium on the submission, acceptance, processing, and approval of any application for a license or permit relating to the operation of a business that sells or distributes retail marijuana pursuant to the authority granted by Article XVIII, Section 16 of the Colorado Constitution. This moratorium is scheduled to expire January 23, 2014. Enclosed in the packet is Ordinance No. 417, which will amend the Fraser Municipal Code by adopting licensing and operational requirements for retail marijuana businesses within the Town of Fraser, repealing the existing moratorium and declaring an emergency. This ordinance references an Exhibit "A" which is the proposed new Article to Chapter 6 of the Fraser Municipal Code, entitled Retail Marijuana Businesses. As previously discussed, the retail marijuana regulations are very similar to our existing medical marijuana regulations. Rod McGowan, Town Attorney, has revised the ordinance and regulations based on TB direction and discussion from our last meeting. Enclosed in the packet are marked up and clean versions of both the ordinance and Exhibit A. In an effort to be proactive and in case there is no consensus to adopt licensing and operational requirements for retail marijuana businesses with the Town of Fraser, we offer an ordinance extended the moratorium. Building Code Amendments: The information in the TB packet relating to Building Code Amendments is a result of a property owner in the Town of Winter Park looking at ways to convert an existing commercial space to residential uses within the context of the Building Code adopted by the Towns of Fraser, Granby and Winter Park. IGA: We need to initiate a discussion regarding entering into an IGA with Grand County Clerk & Recorder to conduct the April 1, 2014 Mail Ballot Election. There is no IGA in this TB packet. Please contact me with questions and/or comments. ctrotter(a-)-town.fraser.co.us. Thanks. Town of Fraser PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com WAT E RLAW, PATRICK I MILLER KROPF I NOTO January 15, 2014 Via Email Chris Thorne, Esq. Holland& Hart LLP. Ramsey L.Kropf* 555 Seventeenth Street, Suite 3200 shareholder P.O. Box 8749 kropf @wateriaw.com Denver, CO 80201-8749 reply to Aspen office licensed in AZ.Co,wr RE. Will Serve Water& Sewer Offer (our file #744F4B) Dear Chris: ASPEN OFFICE: 197 Prospector Drive Based on our discussions and Clark's communications with Jeff Durbin, we request Suite 2104 A time on the Town's public agenda for the meeting scheduled for January 22, 2013. Aspen,GO 81611 Byers Peak Ranch would like to discuss its January 5, 2014 will-serve request & T.970.920.1030 F.970.925.6847 proposal with Town's Board of Trustees (attached for inclusion in the Board's BASALT OFFICE: packet). Waterlaw Riverwalk 229 Midland Avenue In addition, we'd like to follow-up on the concern that entering a water and sewer Basalt,CO 81621 service contract with Byers Peak Properties LLC could trigger another referendum. T.970.920.1030 F.970.927.1030 Our research indicates that a referendum petition is not applicable or available under Colorado law for a service contract as proposed. Enacting a service contract DENVER Street E is not considered a "legislative" action, as it does not exert jurisdiction over the 30th Floor property. Rather, it is characterized as an "administrative" action, and as such, is Denver,CO 80202 not subject to the state's referendum process. In some cases, a town charter can T.303.893.9700 F_303.8937900 overcome this common law status. However, in Fraser's case, as a statutory town, it does not have a town charter. PHOENIX OFFICE: 2415 E.Camelback Suite 700 Please confirm that this matter can be on the January 22, 2014 agenda, and we'll Phoenix,Az 85016 look forward to meeting with the Town Board at that time. If you and Jeff would T.800.282.5458 F.970.927.1030 like to schedule a call in advance to discuss, please advise. Thanks and feel free to —ULSA,OK OFFICE: call me with any questions. 7633 E.63rd Place Suite 300-18 Very truly yours, Tulsa,OK 74133 T.800.282.5458 F.970.927.1030 Patrick I Miller I Kropf I Noto A Professional Corporation www.waterlaw.com Professional Corp. By: T_at4�ty. 6h(-- Ramsey L. Kropf krQr? waterlaw.com encl. cc: C. Clark Lipscomb, Jack Bestall W:\Cornerstone Winter Park Holdings\744 F4B Byers Peak Property Annex\Letters\Thorne Letter Agenda Request F 1 15 14.docx WAT E RLAW, PATRICK I MILLER I KROPF I NOTO January 5, 2014 Via Email Chris Thorne, Esq. Holland& Hart LLP. Ramsey L.Kropf• 555 Seventeenth Street, Suite 3200 shareholder P.O. Box 8749 kropf @wateriaw.com Denver, CO 80201-8749 reply to Aspen office licensed in AZ.Co,wr RE. Will Serve Water& Sewer Offer (our file #744F4B) Dear Chris: ASPEN OFFICE: 197 Prospector Drive I write to follow up on Clark Lipscomb's/Byers Peak Properties LLC's email to Suite 2104 A Jeff Durbin and Mayor Smith dated December 12, 2013, attached. As you know, Aspen,GO 81611 Clark's email requested a will serve commitment from the Town of Fraser for T.970.920.1030 F.970.925.6847 water and sewer service to Byers Peak Property. As you plan to update the Board this week, and in order to facilitate the conversation, our client asked me to BASALT OFFICE: provide the following outline of terms that Byers Peak Properties LLC (BPR) Waterlaw Ri�erwalk h g ou rms r l y p 229 Midland Avenue proposes for the Town's consideration. Basalt,CO 81621 T.970.920.1030 F.970.927.1030 As you may know, BPR is in the process of securing Grand County development approval. If the Town of Fraser's water and sewer service were integrated with 999 9 1 18th Street 1� DENVER OFFICE: this development it could result in an estimated $28 million in revenue for Fraser. 8th 30th Floor It does not revisit objections raised by citizens in the recent referendum election, Denver,CO 80202 however, it provides an opportunity to address prior Town agreements that the T.303.893.9700 F_303.8937900 developer holds, and protect Fraser's water sources and supplies for the future. PHOENIX 5E..C amelback FFICE: 2415 We can be available to discuss the following terms. 2 Suite 700 Phoenix,Az 85016 1. Water Service. Developer seeks a will serve letter for up to 1,233 residential T.800.282.5458 F.970.927.1030 units, which is the same density under the County sketch plan for both water and sewer service. 7633 E E.63rd Plaace ce,OK OF 2. Water Tap Fees. Water Plant Investment Fees will be paid for each SFE 7633 Suite 300-18 pursuant to the existing Town Code, and collected at building permit Tulsa,OK 74133 issuance at the tap fee rate then in effect for in-town service. The potential T.800.282.5458 F.970.927.1030 water PIF revenue at the current rate of $7,700 per tap will result in $9,494,100. Due to the proximity of BPR to the old town, we do not think www.waterlaw.com the Town can justify a higher out-of-town tap fee. Professional Corp. 3. Sewer Tap Fees. Sewer Service Plant Investment Fees will be paid for each SFE, and collected at building permit issuance at the tap fee rate then in effect for in-town service. The resulting potential sewer PIF revenue at the current rate of$7,500 per tap will be $9,247,500. 4. Water and Sewer Monthly Service Fees. The added users on both the water and sewer systems allows for better utility service to the entire Town, and will add service revenues to the system estimated to be $9,916,000 over a 20 year build out projection. WACornerstone Winter Park Holdings\744 F4B Byers Peak Property Annex\Letters\Thorne Letter Will Serve Offer F 15 14.docx E­ 1VATERLAW. PATRICK I N ILLFR I KROPF I NOTO Chris Thorne January 5,2014 Page 2 5. Developer pays connection costs. BPR agrees it will extend the Fraser water and sewer lines to serve the BPR property at its cost and in compliance with the Town of Fraser water and sewer system construction standards. 6. Resolve Outstanding Claims re: Meyers Property. Cornerstone Winter Park Holdings, LLC, is the successor in interest to the Walter L. Meyer Trust, Caddo Properties and Tumberry Properties. Those properties and the other lands under the existing Forest Meadows properties should benefit from the June 6, 1990 Agreement that resolves water rights issues. Because that augmentation plan is not operational at this time, the developer will agree to cooperate with the Town on its decree for and construction of the Elk Creek Ditch No. 2 Augmentation Pond and preservation of the water rights associated with the decree in Case No. 83CW362. 7. Resolve Outstanding Issues re: Norgren Agreement. As you know, the Norgren Agreement dated May 6, 1981 provides authority to allow BPR to request service. If the Town can provide a will serve letter as requested herein, then BPR is willing to agree to update this agreement so the Town can insure the St. Louis Creek water rights and water system easement are protected and preserved for the Town's long term use. 8. Water Lease. Grand Park can agree to lease and/or provide a first right of refusal to water in its current augmentation ponds to Fraser, if available, to assist with protecting the current Town water users and system. Similarly, Byers Peak Properties will agree to lease constructed water storage (under the water rights claimed in Case No. 1OW309) to Fraser in the future for the long term augmentation of the Town's water system. 9. Extend Storage Availability. BPR has been asked to limit its use of the storage rights in Case No. IOCW309 for use on only BPR and Grand Park property. BPR will work to include any property within Fraser's water service boundaries under this decree. As has been communicated by Clark to Mayor Smith and to Jeff Durbin — Town Manager, our client does not see any benefit in entertaining further annexation negotiations at this time. The sunk costs, length of time and public misinformation campaign that occurred during the past effort make it undesirable. However, although the developer is prepared to self-perform water and sewer systems for Byers Peak, this proposal is an acceptable approach which would provide a revenue stream to Fraser, solidify its water system and water rights as the Byers Peak project moves forward. WACornerstone Winter Park Holdings\744 F4B Byers Peak Property Annex\Letters\Thorne Letter Will Serve Offer F 15 14.docx E­ 1VATERLAW. PATRICK I N ILLFR I KROPF I NOTO Chris Thorne January 5,2014 Page 3 We understand you are meeting with the Town on Monday, January 6, and request that this offer be presented at that meeting. I am available to discuss with you in advance or during that meeting. Thank you and please extend our thanks to the Town board for reviewing this offer. My best to all in Fraser and to you for the New Year! Very truly yours, Patrick I Miller I Kropf I Noto A Professional Corporation By: T-at4��,Y. � Ramsey L. Kropf krQr? waterlaw.com RLK encl. cc: C. Clark Lipscomb Jack Bestall WACornerstone Winter Park Holdings\744 F4B Byers Peak Property Annex\Letters\Thorne Letter Will Serve Offer F 15 14.docx TOWN OF FRASER ORDINANCE NO. 417 Series 2014 AN ORDINANCE AMENDING THE FRASER MUNICIPAL CODE BY ADOPTING LICENSING AND OPERATIONAL REQUIREMENTS FOR RETAIL MARIJUANA BUSINESSES WITHIN THE TOWN OF FRASER; REPEALING THE EXISTING MORATORIUM REGARDING THE LICENSING OF SUCH BUSINESSES; AND DECLARING AN EMERGENCY. WHEREAS, Amendment 64 was adopted in Colorado on November 6, 2012; and WHEREAS, Amendment 64, codified in Section 16 of Article XVIII of the Colorado Constitution, permits adults over the age of twenty-one to consume, possess, and cultivate limited amounts of marijuana pursuant to the restrictions therein and permits the State and local governments to license and regulate Retail Marijuana Establishments to grow, sell, produce, and test marijuana and marijuana products for consumers; and WHEREAS, the Colorado General Assembly has adopted the Colorado Retail Marijuana Code C.R.S 12-43,4-101_et seq., which provides statutory authority to ______--- Deleted:3 regulate the cultivation, manufacture, distribution and sale of retail marijuana; and WHEREAS, the Colorado Retail Marijuana Code states that on or after October 1, 2013, businesses engaged in the cultivation, manufacture or sale of marijuana, in the processing of marijuana-infused products, or testing of marijuana shall apply for a license subject to its terms and conditions and any rules promulgated pursuant thereto; and WHEREAS, the Colorado Constitution also authorizes municipalities in Colorado to prohibit or regulate retail marijuana businesses and to adopt regulations consistent------ Deleted:Retail Marijuana Businesses with the intent of the state law; and WHEREAS, the Board of Trustees has previously adopted Ordinance No. 411 which imposed a temporary moratorium on the licensing of retail marijuana businesses pending the adoption of state and local regulations regarding such businesses, and such moratorium&�11.expire on January 23, 2014; and - Deleted:Shall WHEREAS, the Board of Trustees is now prepared to adopt local regulations regarding the local licensing and operation of retail marijuana businesses, as provided in this Ordinance and in accordance with the Colorado Retail Marijuana Code; and WHEREAS, at the coordinated election held on November 12, 2013, the registered electors of Fraser approved a ballot question to impose an additional excise tax on the sale of retail marijuana and retail marijuana products, at the rate of five percent of the gross amount paid in connection with such sales; and WHEREAS, the Board of Trustees finds and determines that the provisions of this Ordinance and the regulations herein adopted for the licensing and operation of retail marijuana businesses are reasonable and necessary to protect and preserve the health, safety and welfare of the citizens of the Town of Fraser, Colorado. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: PART 1: AMENDMENT OF MUNICIPAL CODE. 1_1 The Code of the Town of Fraser, Colorado(herein sometimes referred to as the"Municipal Code"), is hereby amended by adding a new Article to Chapter 6 of said Code,to be numbered "Article 6- Retail Marijuana Businesses",which shall read as set forth in Exhibit"A" attached hereto and incorporated herein by this reference. 1_2 The Fee Schedule set forth in Appendix A of the Municipal Code is hereby amended by adding the following LELes under Chapter-6 of said Appendix A_------ --- Deleted:tee Municipal Code-Based Fees,Costs and Deposits Code Section Fee/Charge Amount Chapter 6 6-6-60 Application fee for new retail marijuana 250.00 for existing medical marijuana -- Deleted:$5,000.00 plus reimbursement of any pp - i-s -----$2,500.00-`- ----t e - - --- additional fees or expenses incurred by the Town business license business owner; for other and/or reimbursement of any Town expenses applicants. These local application fees incurred in excess oftbis amount. are to be collected and remitted by the state licensing authority. 6-6-60 Annual Aerating fee for each retail marijuana $5,00.00 lus reimbursement of an ,- Deleted:license establishment additional fees or expenses incurred by Deleted:,o the Town and/or reimbursement of any Town expenses incurred in excess of this amount. 6-6-60 Change of location application fee $700.00 Deleted:6-6-60 F.Jr 1 6-6-60 Modification of premises application fee $700.00 6-6-60 Change of corporate structure/officers/directors $500.00 (for each owner/officer/director added) 6-6-60 Manager registration(if not an owner) $500.00 Deleted:5,000 6-6-110 Transfer of ownership application fee(new 500.00 -' --- ------------------ Deleted:9[ entity) 2 PART 2: REPEAL OF MORATORIUM. 2_1 The temporary moratorium on the licensing of retail marijuana businesses, pursuant to the provisions of Ordinance No. 411, is hereby repealed effective as of the date this Ordinance takes effect. PART 3: PENALTY CLAUSES. The following section of the Code of the Town of Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance, and such section is herewith set forth in full and hereby enacted: Sec. 1-4-10. General penalty for violation. It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code; and where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine not exceeding wo thousand six hundred fifty dollars Deleted:one ( 650.00),_by imprisonment for a term not exceeding one (1)_year, or by both ,_ Deleted:1,000 such fine and imprisonment. Each day such violation continues shall be considered a separate offense,, Deleted: PART 4: REPEAL. In addition to the repeal of the temporary moratorium, as provided in Part 2 hereof, any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 5: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance or the said Codes adopted herein is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance or said Codes. The Town of Fraser hereby declares that it would have adopted this Ordinance and said Codes, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 6: DECLARATION OF EMERGENCY; EFFECTIVE DATE. Because of the immediate risk that inappropriate retail marijuana businesses might be permitted upon expiration of the existing state and local moratoriums, the Board of Trustees hereby finds, determines, and declares that an emergency exists, that this Ordinance is Deleted:11 cl 3 necessary for the immediate preservation of public peace, health, safety and welfare, and that it shall be in full force and effect immediately upon adoption. PART 7: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 22 t day of JANUARY, 2014. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: TOWN OF FRASER, COLORADO Votes abstained: BY: Peggy Smith, Mayor ATTEST: ( SEAL ) Lu Berger, Town Clerk Published in the Middle Park Times on. - 4 - Page-2-: [1]Deleted Author 6-6-60 1 Late renewal fee(C.R.S. 12-43.3-311(2)(a)) $500.00 TOWN OF FRASER ORDINANCE NO. 417 Series 2014 AN ORDINANCE AMENDING THE FRASER MUNICIPAL CODE BY ADOPTING LICENSING AND OPERATIONAL REQUIREMENTS FOR RETAIL MARIJUANA BUSINESSES WITHIN THE TOWN OF FRASER; REPEALING THE EXISTING MORATORIUM REGARDING THE LICENSING OF SUCH BUSINESSES; AND DECLARING AN EMERGENCY. WHEREAS, Amendment 64 was adopted in Colorado on November 6, 2012; and WHEREAS, Amendment 64, codified in Section 16 of Article XVIII of the Colorado Constitution, permits adults over the age of twenty-one to consume, possess, and cultivate limited amounts of marijuana pursuant to the restrictions therein and permits the State and local governments to license and regulate Retail Marijuana Establishments to grow, sell, produce, and test marijuana and marijuana products for consumers; and WHEREAS, the Colorado General Assembly has adopted the Colorado Retail Marijuana Code C.R.S 12-43.4-101 et seq., which provides statutory authority to regulate the cultivation, manufacture, distribution and sale of retail marijuana; and WHEREAS, the Colorado Retail Marijuana Code states that on or after October 1 , 2013, businesses engaged in the cultivation, manufacture or sale of marijuana, in the processing of marijuana-infused products, or testing of marijuana shall apply for a license subject to its terms and conditions and any rules promulgated pursuant thereto; and WHEREAS, the Colorado Constitution also authorizes municipalities in Colorado to prohibit or regulate retail marijuana businesses and to adopt regulations consistent with the intent of the state law; and WHEREAS, the Board of Trustees has previously adopted Ordinance No. 411 which imposed a temporary moratorium on the licensing of retail marijuana businesses pending the adoption of state and local regulations regarding such businesses, and such moratorium will expire on January 23, 2014; and WHEREAS, the Board of Trustees is now prepared to adopt local regulations regarding the local licensing and operation of retail marijuana businesses, as provided in this Ordinance and in accordance with the Colorado Retail Marijuana Code; and WHEREAS, at the coordinated election held on November 12, 2013, the registered electors of Fraser approved a ballot question to impose an additional excise tax on the sale of retail marijuana and retail marijuana products, at the rate of five percent of the gross amount paid in connection with such sales; and WHEREAS, the Board of Trustees finds and determines that the provisions of this Ordinance and the regulations herein adopted for the licensing and operation of retail marijuana businesses are reasonable and necessary to protect and preserve the health, safety and welfare of the citizens of the Town of Fraser, Colorado. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: PART 1: AMENDMENT OF MUNICIPAL CODE. 1.1 The Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Municipal Code"), is hereby amended by adding a new Article to Chapter 6 of said Code, to be numbered "Article 6 - Retail Marijuana Businesses", which shall read as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 1.2 The Fee Schedule set forth in Appendix A of the Municipal Code is hereby amended by adding the following fees under Chapter 6 of said Appendix A: Municipal Code-Based Fees,Costs and Deposits Code Section Fee/Charge Amount Chapter 6 6-6-60 Application fee for new retail marijuana $250.00 for existing medical marijuana business license business owner; $2,500.00 for other applicants. These local application fees are to be collected and remitted by the state licensing authority. 6-6-60 Annual operating fee for each retail marijuana $500.00 plus reimbursement of any establishment additional fees or expenses incurred by the Town and/or reimbursement of any Town expenses incurred in excess of this amount. 6-6-60 Change of location application fee $700.00 6-6-60 Modification of premises application fee $700.00 6-6-60 Change of corporate structure/officers/directors $500.00 (for each owner/officer/director added) 6-6-60 Manager registration(if not an owner) $500.00 6-6-110 Transfer of ownership application fee(new $2,500.00 entity) 2 — PART 2: REPEAL OF MORATORIUM. 2.1 The temporary moratorium on the licensing of retail marijuana businesses, pursuant to the provisions of Ordinance No. 411 , is hereby repealed effective as of the date this Ordinance takes effect. PART 3: PENALTY CLAUSES. The following section of the Code of the Town of Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance, and such section is herewith set forth in full and hereby enacted: Sec. 1-4-10. General penalty for violation. It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code; and where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine not exceeding two thousand six hundred fifty dollars ($2,650.00), by imprisonment for a term not exceeding one (1) year, or by both such fine and imprisonment. Each day such violation continues shall be considered a separate offense. PART 4: REPEAL. In addition to the repeal of the temporary moratorium, as provided in Part 2 hereof, any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 5: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance or the said Codes adopted herein is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance or said Codes. The Town of Fraser hereby declares that it would have adopted this Ordinance and said Codes, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 6: DECLARATION OF EMERGENCY; EFFECTIVE DATE. Because of the immediate risk that inappropriate retail marijuana businesses might be permitted upon expiration of the existing state and local moratoriums, the Board of Trustees hereby - 3 - finds, determines, and declares that an emergency exists, that this Ordinance is necessary for the immediate preservation of public peace, health, safety and welfare, and that it shall be in full force and effect immediately upon adoption. PART 7: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 22nd of JANUARY, 2014. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: TOWN OF FRASER, COLORADO Votes abstained: BY: Peggy Smith, Mayor ATTEST: ( SEAL ) Lu Berger, Town Clerk Published in the Middle Park Times on. - 4 - ARTICLE 6 Retail Marijuana Businesses Sec. 6-6-10 Definitions. (a) As used in this Article the following words shall have the following meanings, unless the context clearly requires otherwise: RM Code means the Colorado Retail Marijuana Code, C.R.S. 12-43.4-101, et seq._ ,,- Deleted: - RM Regulations means the Rules Regarding Retail Marijuana, 1 CCR 212-2, as adopted by Retail Marijuana Enforcement Division of the Colorado Department of Revenue, and any amendments thereto. Retail Marijuana tore means a retail marijuana store,jas efned in Section 16 of ,,- Deleted:Business Article XVIII of the Colorado Constitution or as may be more fully defined in the Deleted:a retail marijuana cultivation facility,a Colorado Retail Marijuana Code. retail marijuana product manufacturing facility, or a retail marijuana testing facility (b) The terms defined in the RM Code and RM Regulations shall have the same Deleted:set forth meaning when used in this Article, unless context clearly requires otherwise. Sec. 6-6-20. Store License Reguired; Prohibited Operations - Deleted:required. (a) It is unlawful for any person to own or operate a Retail Marijuana_Store within ------ Deleted:Business the Town of Fraser without first having obtained from the Town and the State a license for each facility to be operated in connection with such business. (b) Other types of retail marijuana establishments referred to in the RM Code and Section 16 of Article XVIII of the Colorado Constitution, including marijuana cultivation facilities, marijuana product manufacturing facilities and marijuana testing facilities are prohibited within the Town of Fraser. Sec. 6-6-30. Local Licensing Authority. (a) The Fraser Board of Trustees shall be the local licensing authority for the licensing of Retail Marijuana_Stores pursuant to this Article, unless the Board_ ___--- Deleted:Businesses designates other persons to serve as the local licensing authority. The local licensing authority shall possess all powers given to local licensing authorities by the provisions of the RM Code and RM Regulations. Any decision made by the local licensing authority to grant or deny a license, to revoke or suspend a license, or to renew or not renew a license shall be a final decision and may be appealed to the district court pursuant to Rule 106(a)(4)of the Colorado Rules of Civil Procedure. (b) In case of an application resubmitted directly to the Town pursuant to Section 16(5)(h)of Article XVIII of the Colorado Constitution, due to the failure of the State licensing authority to act upon an application within ninety (90)days, the Board of Trustees shall also act as the licensing authority and all requirements of this Article shall apply to such application. In addition to compliance with this Article, the applicant shall demonstrate compliance with all applicable requirements of the RM Code and RM Regulations and shall pay to the Town the full amount of the application fee if not forwarded by the State. The local licensing authority shall approve or deny such application within ninety (90)days after receipt of the resubmitted application. (c) The Town Clerk shall assist the local licensing authority by receiving all applications; coordinating with other Town officers and departments when relevant; scheduling required public hearings; and providing notice in accordance with this Article and the RM Code. The Town Clerk shall also act as the local point-of-contact with the Colorado Marijuana Enforcement Division on retail marijuana regulatory matters. Sec. 6-6-40. Limitations and Requirements Applicable to Retail Marijuana Atores. ,,- Deleted:Businesses (a) State Requirements: Retail Marijuana_Stores must at all times comply with the Deleted:(a) regulations and requirements contained in the RM Code and RM Regulations with Deleted:Businesses regard to applications, licensing and operations of licensed premises. The local licensing authority may revoke any license if the Retail Marijuana•Store fails to comply Deleted:Business with any and all applicable State requirements. (b) location_ Retail Marijuana.Stores shall only be located on property within the ---;,- Deleted:(b) Business zoning district. Retail Marijuana•Stores_are_not permitted_within any other Deleted:Businesses zoning district or within any building that contains a residential dwelling or lodging unit. Deleted:Businesses Retail Marijuana_Stores shall not be permitted to operate as-"ho me occupations."------___ Deleted:Businesses (c) Separation Requirements. (1) No Retail Marijuana tore_shall be issued a license if, at the time of the ,,- Deleted:Business ---------------- initial application for such license, the proposed location is: a. within one thousand feet of any educational institution or school, either public or private;Qr ,- Deleted:q within five hundred feet of any existing Retail b. within two hundred feet of any existing licensed child care facility at D eleted: Medical,Marijuana Business; time of initial application. ,ut& o f DoT ,.,� (2)The distances set forth in this subsection shall be computed by direct measurement in a straight line from the nearest property line of the land used for the purposes stated above, respectively, to the nearest portion of the building in which the Retail Marijuana _tore is located._The Iocational_ ,,- Deleted:Business criteria contained in this subsection shall apply to all proposed changes in the location of an existing license. (d) Co-location. A Retail Marijuana Store may be located on the same licensed premises as a Medical Marijuana Business licensed pursuant to Article 5 of this Chapter 6 and operated by the same licensee, subject to compliance with all State requirements and the requirements of this Article and the issuance of a State license allowing for such co-location. -2- (e) Advertisements. Advertisements, signs, displays or other promotional material depicting marijuana uses or symbols shall not be shown or exhibited off the premises._ - Deleted:retail No signage associated with a Eetail Marijuana Store shall use the word "marijuana, - Deleted:retail marijuana center "cannabis,"or any other word or phrase commonly understood to refer to marijuana. No signage may display photographs or other representations of marijuana plants. (f) Indoor Operation; Odors. All retail marijuana dispensing—and storage activities_ -- Deleted:,production,cultivation, shall be conducted indoors. Products, accessories, and associated paraphernalia shall manufacturing not be visible from a public sidewalk or right of way. (g) Inspection of Licensed Premises. During all business hours and other times of apparent activity, all licensed premises shall be subject to inspection by the Chief of Police or the Building Official, or the authorized representative of either of them, for the purpose of investigating and determining compliance with the provisions of this Article and any other applicable state or local law or regulation. Such inspection may include, but need not be limited to, the inspection of books, records and inventory._Where any part of the premises consists of a locked area, such area shall be made available for inspection,without delay, upon request. (h) Additional Requirements: Retail Marijuana tores shall be subject to-the - Deleted:Businesses following additional requirements: (1) The business may only be open for the sale or distribution of retail marijuana during the hours of 8:00 a.m. to 7:00 p.m. (2) No on-site consumption of marijuana is allowed. (3) A Fraser business license and sales tax license are required. (4) No mobile structure may be used to dispense retail marijuana. (5) No alcohol sales or consumption shall be permitted on the licensed premises. (6) A licensee shall not permit persons who do not possess a valid identification - Deleted:registry card or other appropriate proof of age to loiter on or about the licensed premises. _-- Deleted:credentials Sec. 6-6-50. Excise Tax. (a) A tax is imposed upon all_retail sales of retail marijuana and retail marijuana-------- Deleted:(a) products sold within the town of Fraser by licensed Retail Marijuana _tores at the rate of _-- Deleted:Businesses five percent(5.0%)of the gross price paid by the purchaser, rounded off to the nearest penny. The tax imposed by this section is in addition to, and not in lieu of, the sales tax owed to the Town and all taxes owed to the State in connection with the sale of retail marijuana and retail marijuana products. (b) Except for those provisions that by their terms cannot apply, the procedures for - Deleted:(b) the collection and enforcement of the Town's use tax as provided in Section 4-3-50(a)of -3 - this Code shall apply to the collection and enforcement of the retail marijuana excise tax imposed by this section. The Town Manager or his or her designee may adopt administrative rules and regulations specifying additional or alternative procedures for the collection and enforcement of the retail marijuana excise tax imposed by this section. ,Sec. 6-6-60. Application_Requirements. _- Deleted:¶ (a) person seekin-g--to obtain a license pursuant to this article shall submit an ¶ �p` -------- ------------- ------------------------------- application to the Town Clerk._The form of the application shall be as provided by the ---- Deleted:(a) Town Clerk. (b) A license issued pursuant to this chapter does not eliminate the need for the licensee to obtain other required licenses and permits related to the operation of the Retail Marijuana Store,_including, without limitation, any development approval required Deleted:Business by this Code; a sales tax license; and a building, mechanical, plumbing, or electrical permit. (c) An application for a license under this article shall include the following information and any additional information required by the Town Clerk: (1) The applicant's name, address, telephone number, and Social Security number and, if the applicant is a partnership, the names and addresses of all the partners, and if the applicant is a corporation, the names and addresses of all the corporate officers, and if the applicant is a cooperative association, the names and addresses of its directors and officers; (2) A completed set of the applicant's fingerprints; (3) The street address of the proposed Retail Marijuana -tore_..... ,,- Deleted:Business, (4) Proof of ownership; or if the applicant is not the owner of the proposed location of the Retail Marijuana Store, satisfactory proof that the applicant is or will ,- Deleted:Business be entitled to possession of the premises under a lease, rental agreement or other written agreement, including authorization to use the premises for a Retail Marijuana _tore for which the application is made= Deleted:Business (5) An acknowledgement by the applicant that the applicant and its owners, officers, and employees may be subject to prosecution under federal laws relating to the possession and distribution of controlled substances; that the Town of Fraser accepts no legal liability in connection with the approval and subsequent operation of the Retail Marijuana Store; and that the application and documents submitted for i- Deleted:Business _to other approvals relating to the Retail Marijuana re operation are subject to -- i - Deleted:Business disclosure in accordance with the Colorado Open Records Act. (d) In addition to the foregoing, an applicant shall also submit all other information required by the RM Code and RM Regulations for state and local applications. -4- When the application is filed, the applicant shall pay to the Town Jhe local share _- I Deleted:a non-refundable of the application fee,,as established pursuant to the RM Code, unless the State has -_ Deleted: in such amount forwarded such fee to he ocal licensing authority. Deleted:is Deleted:from time to time by ordinance or (f) If an application is approved, the applicant shall also pay an_annual q ating fee- resolution adopted by the Board of Trustees in such amount as is established from time to time by the Board of Trustees and set and set forth in the appendices forth in the appendices to this Code. f Deleted:this Code.The purpose of the fee is to cover the administrative costs of processing (g) Each license issued pursuant to this chapter shall be valid for a period of one Deleted:application. year from the date of issuance and may be renewed as provided in this section. An Deleted:the application for renewal shall be made to the Town Clerk not less than Jhirty (30)days Deleted:license prior to the date of expiration and concurrent with the application for renewal filed with Deleted:forty-five(45 the State licensing authority. The renewal application shall be accompanied by the annual Qperating fee(s)for the renewal term. The license shall be renewed by the Town_ Deleted:license Clerk unless the renewal is denied by the State licensing authority, or unless it appears to the Town Clerk that good cause exists to deny the renewal application, in which case the Town Clerk shall refer the application to the Board of Trustees for review at a public hearing._The Town Clerk shall refer the renewal application for public hearing only if the licensee has had complaints filed against it, the licensee has a history of violations, or there are allegations against the licensee that would constitute good cause for denial of a license as defined in the RM Code. The procedures provided in Sections 6-6-70 to 6- 6-90 shall apply to the Board of Trustees' review and determination whether to renew a license. In order to be entitled to such review, the applicant shall pay an additional fee equal to the application fee for a new license. (h) Except for direct applications pursuant to Subsection 6-6-30(b), the local licensing authority will not begin processing a license application until it receives notice of the application from the State licensing authority. The local licensing authority may await completion of the State licensing authority's review and issuance of the state license before processing the local application, or it may conduct a concurrent review of a new license application prior to the State licensing authority's final approval of the license application. The local licensing authority shall notify the State licensing authority whether it approves or denies any forwarded application. Sec. 6-6-70 Investigation of Applicant. (a) Upon receipt of an application for a license under this article, the Town Clerk shall transmit copies of the application to the Police Department, the Town Manager, the Planning and Building Department, and any other person or agency who the Town Clerk determines should participate in the review of the application._The Town or any of its departments or officials may visit and inspect the property in which the applicant proposes to conduct business and investigate the fitness to conduct such business of any person, or the officers and directors of any corporation, or the partners of any partnership applying for a license. (b) In investigating the fitness of the applicant, the Town may obtain criminal history record information furnished by a criminal justice agency subject to any restrictions -5- imposed by such agency. _In the event the Town takes into consideration information concerning the applicant's criminal history record, the Town shall also consider any information provided by the applicant regarding such criminal history record, including, but not limited to, evidence of rehabilitation, character references, and educational achievements, especially those items pertaining to the period of time between the applicant's last criminal conviction and the consideration of the application for a license. (c) Not less than five days prior to the date of the public hearing on a license application or, in the event of an application for which no public hearing is scheduled, not less than five days prior to the decision to approve or deny an application, the Town Clerk shall make known the findings of the investigation in writing to the applicant and other parties of interest. Sec. 6-6-80 Public Hearings; Notice; Publication. (a) Upon receipt of an application for a local license, except an application for renewal or for transfer of ownership, the local licensing authority shall schedule a public hearing upon the application to be held not less than thirty days after the date of the application._The local licensing authority shall post and publish public notice thereof not less than ten days prior to the hearing._The local licensing authority shall give public notice by the posting of a sign in a conspicuous place on the retail marijuana center premises for which application has been made and by publication in a newspaper of general circulation in Grand County. (b) Public notice given by posting shall include a sign of suitable material, not less than twenty-two inches wide and twenty-six inches high, composed of letters not less than one inch in height and stating the type of license applied for, the date of the application, the date of the hearing, the name and address of the applicant, and such other information as may be required to fully apprise the public of the nature of the application. The sign shall contain the names and addresses of the officers, directors, or manager of the facility to be licensed. (c) Public notice given by publication shall contain the same information as that required for the posting of signs. (d) If the building in which retail marijuana is to be sold is in existence at the time of the application, the sign shall be posted so as to be conspicuous and plainly visible to the general public._If the building is not constructed at the time of the application, the applicant shall post a sign at the premises upon which the building is to be constructed in such a manner that the notice shall be conspicuous and plainly visible to the general public ,- Deleted:q ----------------------------------------------------------- The local licensing authority,or a license applicant with local licensing authority approval, Sec. 6-6-90 Issuance or Denial of License. may request that the state licensing authority conduct a concurrent review of a new license a Not less than five days prior to the date of the public hearing, local licensing application prior to the local licensing authority's ( ) Y p � p 9� g final approval of the license application.If the authority shall make known its findings, based on its investigation, in writing to the local licensing authority permits concurrent applicant and other parties of interest. The local licensing authority has authority to review,it will continue to independently review pp p _ 9 Y Y the applicant's license application. -6- refuse to issue a license provided for in this section for good cause, subject to judicial review. (b) Before entering a decision approving or denying the application for a local license, the local licensing authority may consider, except where this Article specifically provides otherwise, the facts and evidence adduced as a result of its investigation, as well as any other facts pertinent to the application, including the number, type, and availability of retail marijuana outlets located in or near the premises under consideration, and any other pertinent matters affecting the qualifications of the applicant. (c) Within thirty days after the public hearing or completion of the application investigation, a local licensing authority shall issue its decision approving or denying an application for local licensure._The decision shall be in writing and shall state the reasons for the decision._The local licensing authority shall send a copy of the decision by certified mail to the applicant at the address shown in the application. (d) The Board of Trustees may impose reasonable conditions upon any license issued pursuant to this Article. (e) After approval of an application, a local licensing authority shall not issue a local license until the building in which the business to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with the applicable provisions of this chapter, and then only after the local licensing authority or its designee has inspected the premises to determine that the applicant has complied with the architect's drawing and the plot plan and detailed sketch for the interior of the building submitted with the application. (f) After approval of an application for local licensure, the local licensing authority shall notify the state licensing authority of such approval. Sec. 6-6-100. Contents and Display of License. The licensee shall post the license in a conspicuous location at the Retail Marijuana tore. A Retail Marijuana Store license shall contain the following information: --------- Deleted:Business. Deleted:Business (1) The name of the licensee; The date of issuance of the license; The street address at which the licensee is authorized to operate the Retail MarijuanaEStore; ------ Deleted:Business (2) Any conditions of approval imposed upon the license by the Board of Trustees; (3) The date of expiration of the license; and (4) The license shall be signed by the applicant and the Town Clerk -7- Sec. 6-6-110 Transfer of Ownership. In determining whether to permit a transfer of ownership, the local licensing authority shall consider only the requirements of this Article, the RM Code and RM Regulations._The local licensing authority may hold a hearing on the application for a transfer of ownership; provided the local licensing authority shall not hold a hearing pursuant to this section until the local licensing authority has posted a notice of hearing in the manner described in Section 6-6-80 on the licensed premises for a period of ten days and provided notice of the hearing to the applicant at least ten days prior to the hearing. An application fee shall accompany each application for a transfer of ownership, in such amount as is established from time to time by the Board of Trustees and as set forth in the appendices to this Code. Sec. 6-6-120 Suspension or Revocation. (a) The local licensing authority may revoke or elect not to renew any license if it determines that the licensed premises have been inactive, without good cause, for at least one year. (b) In addition to any other sanctions prescribed by this Article, the RM Code or the RM Regulations, the local licensing authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the licensee shall be afforded an opportunity to be heard, to suspend or revoke a license issued by the local licensing authority for a violation by the licensee or by any of the agents or employees of the licensee of the provisions of this Article, the RM Code or RM Regulations, or of any of the terms, conditions, or provisions of the license. The local licensing authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of a hearing that the state or local licensing authority is authorized to conduct. (c) The state or local licensing authority shall provide notice of suspension, revocation, fine, or other sanction, as well as the required notice of the hearing pursuant to subsection (b), by mailing the same in writing to the licensee at the address contained in the license._Except in the case of a summary suspension, a suspension shall not be for a longer period than six months._If a license is suspended or revoked, a part of the fees paid therefore shall not be returned to the licensee. Any license or permit may be summarily suspended by the local licensing authority without notice pending any prosecution, investigation, or public hearing pursuant to the terms of C.R.S. §24-4-104(4). (d) Whenever a decision of the local licensing authority suspending a license for fourteen days or less becomes final, the licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having the license suspended for all or part of the suspension period. Upon the receipt of the petition, the local - 8- licensing authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made which it deems desirable and may, in its sole discretion, grant the petition if the local licensing authority is satisfied that: (1) The public welfare and morals would not be impaired by permitting the licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; (2) The books and records of the licensee are kept in such a manner that the loss of sales that the licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy; and (3) The licensee has not had his or her license suspended or revoked, nor had any suspension stayed by payment of a fine, during the two years immediately preceding the date of the motion or complaint that resulted in a final decision to suspend the license or permit. (e) The fine accepted shall be not less than five hundred dollars or more than one hundred thousand dollars. (f) Payment of a fine shall be in the form of cash, a certified check or cashier's check made payable to the local licensing authority. (g) Upon payment of the fine pursuant to subsection (c), the local licensing authority shall enter its further order permanently staying the imposition of the suspension. Sec. 6-6-130. Penalty. Failure to comply with the provisions of this Article shall constitute a violation of this Code, and in addition to being grounds for denial, suspension or revocation of a license, such violation may be punished,2i a civil penalty_in an amount not exceeding _- Deleted:as the maximum fine provided in Section 1-4-10 of this Code. Proceedings for the determination of such liability and imposition of such civil penalty shall be conducted in the Municipal Court in the same manner as proceedings relating to noncriminal traffic infractions, in accordance with the provisions of Article 1 of Chapter 8 of this Code. In no case shall any defendant found guilty of any violation of this Article be punished by imprisonment for such violation. -9- ARTICLE 6 Retail Marijuana Businesses Sec. 6-6-10 Definitions. (a) As used in this Article the following words shall have the following meanings, unless the context clearly requires otherwise: RM Code means the Colorado Retail Marijuana Code, C.R.S. 12-43.4-101, et seq. RM Regulations means the Rules Regarding Retail Marijuana, 1 CCR 212-2, as adopted by Retail Marijuana Enforcement Division of the Colorado Department of Revenue, and any amendments thereto. Retail Marijuana Store means a retail marijuana store, as defined in Section 16 of Article XVIII of the Colorado Constitution or as may be more fully defined in the Colorado Retail Marijuana Code. (b) The terms defined in the RM Code and RM Regulations shall have the same meaning when used in this Article, unless context clearly requires otherwise. Sec. 6-6-20. Store License Required; Prohibited Operations (a) It is unlawful for any person to own or operate a Retail Marijuana Store within the Town of Fraser without first having obtained from the Town and the State a license for each facility to be operated in connection with such business. (b) Other types of retail marijuana establishments referred to in the RM Code and Section 16 of Article XVIII of the Colorado Constitution, including marijuana cultivation facilities, marijuana product manufacturing facilities and marijuana testing facilities are prohibited within the Town of Fraser. Sec. 6-6-30. Local Licensing Authority. (a) The Fraser Board of Trustees shall be the local licensing authority for the licensing of Retail Marijuana Stores pursuant to this Article, unless the Board designates other persons to serve as the local licensing authority. The local licensing authority shall possess all powers given to local licensing authorities by the provisions of the RM Code and RM Regulations. Any decision made by the local licensing authority to grant or deny a license, to revoke or suspend a license, or to renew or not renew a license shall be a final decision and may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. (b) In case of an application resubmitted directly to the Town pursuant to Section 16(5) (h) of Article XVIII of the Colorado Constitution, due to the failure of the State licensing authority to act upon an application within ninety (90) days, the Board of Trustees shall also act as the licensing authority and all requirements of this Article shall apply to such application. In addition to compliance with this Article, the applicant shall demonstrate compliance with all applicable requirements of the RM Code and RM Regulations and shall pay to the Town the full amount of the application fee if not forwarded by the State. The local licensing authority shall approve or deny such application within ninety (90) days after receipt of the resubmitted application. (c) The Town Clerk shall assist the local licensing authority by receiving all applications; coordinating with other Town officers and departments when relevant; scheduling required public hearings; and providing notice in accordance with this Article and the RM Code. The Town Clerk shall also act as the local point-of-contact with the Colorado Marijuana Enforcement Division on retail marijuana regulatory matters. Sec. 6-6-40. Limitations and Requirements Applicable to Retail Marijuana Stores. (a) State Requirements: Retail Marijuana Stores must at all times comply with the regulations and requirements contained in the RM Code and RM Regulations with regard to applications, licensing and operations of licensed premises. The local licensing authority may revoke any license if the Retail Marijuana Store fails to comply with any and all applicable State requirements. (b) Location: Retail Marijuana Stores shall only be located on property within the Business zoning district. Retail Marijuana Stores are not permitted within any other zoning district or within any building that contains a residential dwelling or lodging unit. Retail Marijuana Stores shall not be permitted to operate as "home occupations." (c) Separation Requirements. (1) No Retail Marijuana Store shall be issued a license if, at the time of the initial application for such license, the proposed location is: a. within one thousand feet of any educational institution or school, either public or private; or b. within two hundred feet of any existing licensed child care facility at time of initial application. (2) The distances set forth in this subsection shall be computed by direct measurement in a straight line from the nearest property line of the land used for the purposes stated above, respectively, to the nearest portion of the building in which the Retail Marijuana Store is located. The Iocational criteria contained in this subsection shall apply to all proposed changes in the location of an existing license. (d) Co-location. A Retail Marijuana Store may be located on the same licensed premises as a Medical Marijuana Business licensed pursuant to Article 5 of this Chapter 6 and operated by the same licensee, subject to compliance with all State requirements and the requirements of this Article and the issuance of a State license allowing for such co-location. - 2 - (e) Advertisements. Advertisements, signs, displays or other promotional material depicting marijuana uses or symbols shall not be shown or exhibited off the premises. No signage associated with a Retail Marijuana Store shall use the word "marijuana," "cannabis," or any other word or phrase commonly understood to refer to marijuana. No signage may display photographs or other representations of marijuana plants. (f) Indoor Operation; Odors. All retail marijuana dispensing and storage activities shall be conducted indoors. Products, accessories, and associated paraphernalia shall not be visible from a public sidewalk or right of way. (g) Inspection of Licensed Premises. During all business hours and other times of apparent activity, all licensed premises shall be subject to inspection by the Chief of Police or the Building Official, or the authorized representative of either of them, for the purpose of investigating and determining compliance with the provisions of this Article and any other applicable state or local law or regulation. Such inspection may include, but need not be limited to, the inspection of books, records and inventory. Where any part of the premises consists of a locked area, such area shall be made available for inspection, without delay, upon request. (h) Additional Requirements: Retail Marijuana Stores shall be subject to the following additional requirements: (1) The business may only be open for the sale or distribution of retail marijuana during the hours of 8:00 a.m. to 7:00 p.m. (2) No on-site consumption of marijuana is allowed. (3) A Fraser business license and sales tax license are required. (4) No mobile structure may be used to dispense retail marijuana. (5) No alcohol sales or consumption shall be permitted on the licensed premises. (6) A licensee shall not permit persons who do not possess a valid identification or other appropriate proof of age to loiter on or about the licensed premises. Sec. 6-6-50. Excise Tax. (a) A tax is imposed upon all retail sales of retail marijuana and retail marijuana products sold within the town of Fraser by licensed Retail Marijuana Stores at the rate of five percent (5.0%) of the gross price paid by the purchaser, rounded off to the nearest penny. The tax imposed by this section is in addition to, and not in lieu of, the sales tax owed to the Town and all taxes owed to the State in connection with the sale of retail marijuana and retail marijuana products. (b) Except for those provisions that by their terms cannot apply, the procedures for the collection and enforcement of the Town's use tax as provided in Section 4-3-50(a) of - 3 - this Code shall apply to the collection and enforcement of the retail marijuana excise tax imposed by this section. The Town Manager or his or her designee may adopt administrative rules and regulations specifying additional or alternative procedures for the collection and enforcement of the retail marijuana excise tax imposed by this section. Sec. 6-6-60. Application Requirements. (a) A person seeking to obtain a license pursuant to this article shall submit an application to the Town Clerk. The form of the application shall be as provided by the Town Clerk. (b) A license issued pursuant to this chapter does not eliminate the need for the licensee to obtain other required licenses and permits related to the operation of the Retail Marijuana Store, including, without limitation, any development approval required by this Code; a sales tax license; and a building, mechanical, plumbing, or electrical permit. (c) An application for a license under this article shall include the following information and any additional information required by the Town Clerk: (1) The applicant's name, address, telephone number, and Social Security number and, if the applicant is a partnership, the names and addresses of all the partners, and if the applicant is a corporation, the names and addresses of all the corporate officers, and if the applicant is a cooperative association, the names and addresses of its directors and officers; (2) A completed set of the applicant's fingerprints; (3) The street address of the proposed Retail Marijuana Store; (4) Proof of ownership; or if the applicant is not the owner of the proposed location of the Retail Marijuana Store, satisfactory proof that the applicant is or will be entitled to possession of the premises under a lease, rental agreement or other written agreement, including authorization to use the premises for a Retail Marijuana Store for which the application is made; (5) An acknowledgement by the applicant that the applicant and its owners, officers, and employees may be subject to prosecution under federal laws relating to the possession and distribution of controlled substances; that the Town of Fraser accepts no legal liability in connection with the approval and subsequent operation of the Retail Marijuana Store; and that the application and documents submitted for other approvals relating to the Retail Marijuana Store operation are subject to disclosure in accordance with the Colorado Open Records Act. (d) In addition to the foregoing, an applicant shall also submit all other information required by the RM Code and RM Regulations for state and local applications. - 4 - (e) When the application is filed, the applicant shall pay to the Town the local share of the application fee, as established pursuant to the RM Code, unless the State has forwarded such fee to the local licensing authority. (f) If an application is approved, the applicant shall also pay an annual operating fee in such amount as is established from time to time by the Board of Trustees and set forth in the appendices to this Code. (g) Each license issued pursuant to this chapter shall be valid for a period of one year from the date of issuance and may be renewed as provided in this section. An application for renewal shall be made to the Town Clerk not less than thirty (30) days prior to the date of expiration and concurrent with the application for renewal filed with the State licensing authority. The renewal application shall be accompanied by the annual operating fee(s) for the renewal term. The license shall be renewed by the Town Clerk unless the renewal is denied by the State licensing authority, or unless it appears to the Town Clerk that good cause exists to deny the renewal application, in which case the Town Clerk shall refer the application to the Board of Trustees for review at a public hearing. The Town Clerk shall refer the renewal application for public hearing only if the licensee has had complaints filed against it, the licensee has a history of violations, or there are allegations against the licensee that would constitute good cause for denial of a license as defined in the RM Code. The procedures provided in Sections 6-6-70 to 6- 6-90 shall apply to the Board of Trustees' review and determination whether to renew a license. In order to be entitled to such review, the applicant shall pay an additional fee equal to the application fee for a new license. (h) Except for direct applications pursuant to Subsection 6-6-30(b), the local licensing authority will not begin processing a license application until it receives notice of the application from the State licensing authority. The local licensing authority may await completion of the State licensing authority's review and issuance of the state license before processing the local application, or it may conduct a concurrent review of a new license application prior to the State licensing authority's final approval of the license application. The local licensing authority shall notify the State licensing authority whether it approves or denies any forwarded application. Sec. 6-6-70 Investigation of Applicant. (a) Upon receipt of an application for a license under this article, the Town Clerk shall transmit copies of the application to the Police Department, the Town Manager, the Planning and Building Department, and any other person or agency who the Town Clerk determines should participate in the review of the application. The Town or any of its departments or officials may visit and inspect the property in which the applicant proposes to conduct business and investigate the fitness to conduct such business of any person, or the officers and directors of any corporation, or the partners of any partnership applying for a license. (b) In investigating the fitness of the applicant, the Town may obtain criminal history record information furnished by a criminal justice agency subject to any restrictions - 5 - (c) Not less than five days prior to the date of the public hearing on a license application or, in the event of an application for which no public hearing is scheduled, not less than five days prior to the decision to approve or deny an application, the Town Clerk shall make known the findings of the investigation in writing to the applicant and other parties of interest. Sec. 6-6-80 Public Hearings; Notice; Publication. (a) Upon receipt of an application for a local license, except an application for renewal or for transfer of ownership, the local licensing authority shall schedule a public hearing upon the application to be held not less than thirty days after the date of the application. The local licensing authority shall post and publish public notice thereof not less than ten days prior to the hearing. The local licensing authority shall give public notice by the posting of a sign in a conspicuous place on the retail marijuana center premises for which application has been made and by publication in a newspaper of general circulation in Grand County. (b) Public notice given by posting shall include a sign of suitable material, not less than twenty-two inches wide and twenty-six inches high, composed of letters not less than one inch in height and stating the type of license applied for, the date of the application, the date of the hearing, the name and address of the applicant, and such other information as may be required to fully apprise the public of the nature of the application. The sign shall contain the names and addresses of the officers, directors, or manager of the facility to be licensed. (c) Public notice given by publication shall contain the same information as that required for the posting of signs. (d) If the building in which retail marijuana is to be sold is in existence at the time of the application, the sign shall be posted so as to be conspicuous and plainly visible to the general public. If the building is not constructed at the time of the application, the applicant shall post a sign at the premises upon which the building is to be constructed in such a manner that the notice shall be conspicuous and plainly visible to the general public. Sec. 6-6-90 Issuance or Denial of License. (a) Not less than five days prior to the date of the public hearing, the local licensing authority shall make known its findings, based on its investigation, in writing to the applicant and other parties of interest. The local licensing authority has authority to - 6 - refuse to issue a license provided for in this section for good cause, subject to judicial review. (b) Before entering a decision approving or denying the application for a local license, the local licensing authority may consider, except where this Article specifically provides otherwise, the facts and evidence adduced as a result of its investigation, as well as any other facts pertinent to the application, including the number, type, and availability of retail marijuana outlets located in or near the premises under consideration, and any other pertinent matters affecting the qualifications of the applicant. (c) Within thirty days after the public hearing or completion of the application investigation, a local licensing authority shall issue its decision approving or denying an application for local licensure. The decision shall be in writing and shall state the reasons for the decision. The local licensing authority shall send a copy of the decision by certified mail to the applicant at the address shown in the application. (d) The Board of Trustees may impose reasonable conditions upon any license issued pursuant to this Article. (e) After approval of an application, a local licensing authority shall not issue a local license until the building in which the business to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with the applicable provisions of this chapter, and then only after the local licensing authority or its designee has inspected the premises to determine that the applicant has complied with the architect's drawing and the plot plan and detailed sketch for the interior of the building submitted with the application. (f) After approval of an application for local licensure, the local licensing authority shall notify the state licensing authority of such approval. Sec. 6-6-100. Contents and Display of License. The licensee shall post the license in a conspicuous location at the Retail Marijuana Store. A Retail Marijuana Store license shall contain the following information: (1) The name of the licensee; The date of issuance of the license; The street address at which the licensee is authorized to operate the Retail Marijuana Store; (2) Any conditions of approval imposed upon the license by the Board of Trustees; (3) The date of expiration of the license; and (4) The license shall be signed by the applicant and the Town Clerk - 7 - Sec. 6-6-110 Transfer of Ownership. In determining whether to permit a transfer of ownership, the local licensing authority shall consider only the requirements of this Article, the RM Code and RM Regulations. The local licensing authority may hold a hearing on the application for a transfer of ownership; provided the local licensing authority shall not hold a hearing pursuant to this section until the local licensing authority has posted a notice of hearing in the manner described in Section 6-6-80 on the licensed premises for a period of ten days and provided notice of the hearing to the applicant at least ten days prior to the hearing. An application fee shall accompany each application for a transfer of ownership, in such amount as is established from time to time by the Board of Trustees and as set forth in the appendices to this Code. Sec. 6-6-120 Suspension or Revocation. (a) The local licensing authority may revoke or elect not to renew any license if it determines that the licensed premises have been inactive, without good cause, for at least one year. (b) In addition to any other sanctions prescribed by this Article, the RM Code or the RM Regulations, the local licensing authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the licensee shall be afforded an opportunity to be heard, to suspend or revoke a license issued by the local licensing authority for a violation by the licensee or by any of the agents or employees of the licensee of the provisions of this Article, the RM Code or RM Regulations, or of any of the terms, conditions, or provisions of the license. The local licensing authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of a hearing that the state or local licensing authority is authorized to conduct. (c) The state or local licensing authority shall provide notice of suspension, revocation, fine, or other sanction, as well as the required notice of the hearing pursuant to subsection (b), by mailing the same in writing to the licensee at the address contained in the license. Except in the case of a summary suspension, a suspension shall not be for a longer period than six months. If a license is suspended or revoked, a part of the fees paid therefore shall not be returned to the licensee. Any license or permit may be summarily suspended by the local licensing authority without notice pending any prosecution, investigation, or public hearing pursuant to the terms of C.R.S. § 24-4-104(4). (d) Whenever a decision of the local licensing authority suspending a license for fourteen days or less becomes final, the licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having the license suspended for all or part of the suspension period. Upon the receipt of the petition, the local - 8 - licensing authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made which it deems desirable and may, in its sole discretion, grant the petition if the local licensing authority is satisfied that: (1) The public welfare and morals would not be impaired by permitting the licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; (2) The books and records of the licensee are kept in such a manner that the loss of sales that the licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy; and (3) The licensee has not had his or her license suspended or revoked, nor had any suspension stayed by payment of a fine, during the two years immediately preceding the date of the motion or complaint that resulted in a final decision to suspend the license or permit. (e) The fine accepted shall be not less than five hundred dollars or more than one hundred thousand dollars. (f) Payment of a fine shall be in the form of cash, a certified check or cashier's check made payable to the local licensing authority. (g) Upon payment of the fine pursuant to subsection (c), the local licensing authority shall enter its further order permanently staying the imposition of the suspension. Sec. 6-6-130. Penalty. Failure to comply with the provisions of this Article shall constitute a violation of this Code, and in addition to being grounds for denial, suspension or revocation of a license, such violation may be punished by a civil penalty in an amount not exceeding the maximum fine provided in Section 1-4-10 of this Code. Proceedings for the determination of such liability and imposition of such civil penalty shall be conducted in the Municipal Court in the same manner as proceedings relating to noncriminal traffic infractions, in accordance with the provisions of Article 1 of Chapter 8 of this Code. In no case shall any defendant found guilty of any violation of this Article be punished by imprisonment for such violation. - 9 - TOWN OF FRASER ORDINANCE NO. Series 2014 AN ORDINANCE AMENDING ORDINANCE NO. 411 BY EXTENDING THE TEMPORARY MORATORIUM PROHIBITING APPLICATION FOR AND OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, AND RETAIL MARIJUANA STORES WITHIN THE TOWN OF FRASER PURSUANT TO THE AUTHORITY GRANTED BY ARTICLE XVIII, SECTION 16 OF THE COLORADO CONSTITUTION; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Board of Trustees previously adopted a moratorium prohibiting application for and operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores within the Town of Fraser pursuant to Ordinance No. 411, which moratorium will expire on January 23, 2014; and WHEREAS, The Fraser Board of Trustees needs additional time to consider the possible continuing prohibition of, or appropriate regulations regarding retail marijuana businesses; and WHEREAS, a one-month extension of the moratorium is reasonable and necessary to allow such consideration of the Town's regulatory role. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: Section 1 : The moratorium provided in Ordinance No. 411 prohibiting application for and operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores within the Town of Fraser, is hereby extended from the effective date of this Ordinance to and including February 20, 2014, in order to allow the Town staff and Board of Trustees to further investigate such businesses, and to develop and implement any appropriate regulations deemed necessary by the Board. Section 2: The Board finds and determines that the duration of the moratorium imposed by this ordinance is reasonable in length, and is no longer than is required for the Town to property investigate develop, and, if appropriate, adopt and implement any regulations deemed necessary with respect to businesses that sell or distribute retail marijuana. Section 3: Declaration of Emergency; Effective Date. Because of the immediate risk that inappropriate medical marijuana businesses might be permitted under the existing laws and regulations, the Board of Trustees hereby finds, determines, and declares that an emergency exists, that this Ordinance is necessary for the immediate preservation of public peace, health, safety and welfare, and that it shall be in full force and effect immediately upon adoption. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY TITLE ONLY BY THE BOARD OF TRUSTEES AND SIGNED THIS DAY OF 2014. Votes Approving: Votes Opposed: Absent: Abstained: ATTEST: BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO By: Lu Berger, CMC Peggy Smith Town Clerk Mayor Published in the Middle Park Times on - 2 - 1 Insert the following Document on the Letterhead of Local Agency 2 Assurance that 3 Town of Frasier 4 Remains Committed to Entering into a Partnership with CDOT Concerning 5 US 40 Improvements in Fraser Tracking No.: 3-31 Project US 40 Improvements in Fraser Name: 6 Commission Requirement. The purpose of this document is to satisfy the requirement 7 established by the Transportation Commission that applicants for Public-Public Partnership' projects 8 confirm their commitment to the project. Transportation Commission Resolution TC-3106 adopted on 9 October 17,2013,provides in part: 10 BE IT... RESOLVED that the Transportation Commission requires for each Public- 11 Public Partnership project on or before January 6, 2014, a project scope, schedule, and 12 budget developed by the Colorado Department of Transportation in the form and to the 13 level of detail specified by the Chief Engineer; and 14 BE IT FURTHER RESOLVED that the Transportation Commission also required for 15 each Public-Public Partnership project on or before January 6, 2014, evidence, in a form 16 specified by the Chief Financial Officer; confirming a commitment by the applicant to the 17 project scope, schedule, and budget developed by the Department, including an 18 agreement to hold a public vote to authorize the local match by no later than April 8 if 19 such vote is necessary; and 20 BE IT FURTHER RESOLVED that the Chief Engineer may extend the January 6, 21 2014, deadlines to April 7, 2014, upon application for extension form any applicant or 22 CDOT Region Transportation Director for projects in a flood damaged area. 23 Project Scope, Schedule, and Budget Prepared by CDOT. The Colorado Department of 24 Transportation has prepared the required scope, schedule, and budget for this Public-Public Partnership 25 project. This scope, schedule, and budget is incorporated as Exhibit A of this document. Exhibit A 26 specifies the financial and other commitments of Town of Fraser and identifies when it is reasonably 27 anticipated that such commitments will be provided or performed. 28 Changes in Project Costs. CDOT and the Local Agency Partner will assess at the Final Office 29 Review (FOR) the project budget to be contracted. An estimate over the Exhibit A amount will trigger a 30 reevaluation of the project as well as the project match. CDOT and Town of Fraser will engage in 31 negotiations to determine how and if the project moves to advertisement for construction, as well as the 32 project match. If a project is determined by CDOT to no longer be feasible or if an agreement cannot be 33 reached,CDOT will advise the Transportation Commission that the project is unable to be moved forward 34 and should be removed from the list of approved Public-Public Partnership projects. On a CDOT 35 administered project, any cost variance discovered after the Final Office Review (FOR) will be the 36 responsibility of CDOT. On a project administered by the Local Agency Partner,the CDOT contribution 37 will not increase after the Final Office Review. Any addition of a"betterment"at the request of the Local 38 Agency Partner is the responsibility of the Local Agency Partner. 1 MOT interprets Public-Public Partnership projects references in TC-3106 to include Operations projects that have Local Agency Partners. Safety People Integrity Customer Service Excellence Respect Page 1 of 3 39 If there is a cost savings regardless of who is administering the project or when the cost savings 40 occurs,the savings will be prorated. 41 Intergovernmental Agreement. An Intergovernmental Agreement will be completed and fully 42 executed prior to any CDOT expenditure other than the five percent of the total project cost for Fiscal 43 Year 2014 authorized in the RAMP Resolution for pre-construction expenditures unless an exception is 44 granted by the CDOT Chief Financial Officer. It is the policy of CDOT that the Intergovernmental 45 Agreements must be executed by June 30, 2014. Any change in the standard wording of the 46 Intergovernmental Agreement will delay the project and thus put the project in jeopardy. 47 Criteria for Approval of RAMP Local Commitments. The CDOT Chief Financial Officer has 48 issued the following criteria: 49 (1) Local agencies acknowledge receipt of CDOT estimated project cost and drawdown schedule 50 and confirm their ability to provide funding on the schedule. 51 (2)Resolution by city councils or county commissioners or signed commitments by local officials 52 with authority to commit agency resources constitute adequate funding reaffirmation by the local. Where 53 ballot initiative or future budget adoptions are required, locals are fully disclosing and committing to all 54 necessary steps to ensure that it will be on the ballot and/or receive budget consideration. 55 (3) Dollar amount of local agency commitment must align with dollar amounts of CDOT cost 56 estimates. 57 (4)Local agencies cannot commit traditional federal transportation funds. 58 (5) Where multiple local agencies are involved, commitments are required from those local 59 agencies with the authority to commit all local agency funds before approval of funding commitment will 60 be considered. 61 (6)IGAs already in place should meet the above criteria. 62 Evidence of the Continued Commitment by Town of Fraser to the Project. As an officer of 63 Town of Fraser, I confirm that appropriate officials of Town of Fraser have reviewed and considered 64 Exhibit A which contains the scope, schedule, and budget developed by CDOT for the project and the 65 policy regarding changes in project cost stated in the body of this document. 66 I confirm that to the best of my knowledge I know of no reason why Town of Fraser and CDOT 67 will not execute an Intergovernmental Agreement based on the scope, schedule, and budget contained in 68 Exhibit A and the policy regarding changes in project cost stated in the body of this document by June 30, 69 2014. 70 71 JJJPPr_ Signature of Official 72 insert Printed Name of Official 73 insert Official Title 74 75 Date: - Safety People Integrity Customer Service Excellence Respect Page 2 of 3 Exhibit A— Scope, Schedule, and Budget Developed by CDOT 76 insert the Scope, Schedule, and Budget developed by MOT Safety People Integrity Customer Service Excellence Respect Page 3 of 3 Attachment A-1 RAMP Partnership Project Scope RAMP Tracking Number 3-31 US Highway 40 Improvements in Fraser—Scope of Work This project will mitigate significant traffic safety and congestion problems on a half mile segment of Fraser's US 40 corridor. This project would add capacity and intersection improvements from MP 228.2 to MP 228.9. The project would adjoin Winter Park's recent US 40 North Portal Improvements project. Currently US 40 highway segment transitions from four travel lanes in Winter Park to two travel lanes in Fraser. The scope of the RAMP project would add highway capacity by widening US 40 from two travel lanes to four travel lanes. It would also incorporate intersection and signal installation improvements at the First Street and Rendezvous Road intersections. The new traffic signal system will be coordinated and timed with the King's Crossing signal in Winter Park. The intersection improvements would have associated auxiliary turn lanes per the State Highway Access Code requirements. Based upon discussions with CDOT staff, the north end of the project shall taper back from four lanes to two lanes, starting north of the fire station's emergency traffic signal. This is a modification to the original RAMP scope to avoid simultaneous merging of Rendezvous' acceleration lane and the widened highway section. This additional 550' of construction increases the project cost $194,930 from the original RAMP cost estimate. Attachment A-2 RAMP Partnership Project Schedule RAMP Tracking Number 3-31 US Highway 40 Improvements in Fraser Milestone 1. Completed Survey Scheduled Date 2. Preliminary Horizontal &Vertical January 31, 2014 Alignments February 14, 2014 3. Preliminary Hydraulic Information 4. Structure Selection Report February 28, 2014 5. Field Inspection Review(FIR) March 31, 2014 6. Form 128 Signature (Top Portion) March 31, 2014 7. Final ROW Plans April 30, 2014 8. Final Office Review(FOR) May 31, 2014 9. Environmental Clearance May 31, 2014 10. Right of Way Clearance May 31, 2014 11. Utility Clearance June 30, 2014 12. Final PS&E June 30, 2014 13. Advertisement Date June 30, 2014 14. Construction July 15, 2014 August 15—October 31, 2014 COLORADO DEPARTMENT OF TRANSPORTATION Project Cost Estimate Project: US 40 Improvements in Fraser Completed by: Kari McDowell Schroeder Current Indirect Rate 11.00% Sub Account No: 3-31 Creation Date: 1/3/2014 Date Modfied: 1/9/2014 Ad Date: 7/15/2014 Bridge $ - Survey $ 17,000 Right of Way $ - Materials $ 5,000 Hydraulic $ - Traffic $ 42,500 Utilities $ - Environmental $ 10,000 Design $ 111,000 Consultants $ 26,500 Total Preconstruction including Indirects $ 212,000 Construction, including FA,CE & Indirects $ 1,933,320 RAMP Project Total Cost $ 2,145,320 CDOT ORIGINAL RAMP REQUEST $ 1,267,754 ADDITIONAL CDOT RAMP REQUEST(NORTH SECTION) $ 194,930 TOTAL CDOT RAMP REQUEST $ 1,462,684 LOCAL AGENCY MATCH $ 682,636 $ 2,145,320 Budget Action Date Amount Comments Remaining in Budget $ - C O L O R A D O January 10, 2014 Mr. David Eller, PE Regional Transportation Director Colorado Department of Transportation (CDOT) Region 3 222 South 6th Street, #317 Grand Junction, CO 81501-2769 RE: Fraser US 40 RAMP Improvement Project Dear Mr. Eller: Attached please find our Scope, Schedule, and Budget for the Fraser US 40 Enhancement Project. Please forward these materials along with our extension request to the Transportation Commission. It was our understanding that CDOT required more detailed budget and cost allocations at this phase of the project, which has been difficult given the current phase of design. While we continue to work on project design, we may need to further define the budget and cost allocations. I will be seeking Town Board approval to execute the "Evidence of Applicant's Commitment" Letter on January 22"d and expect that we will be able to submit that to CDOT shortly thereafter. Additionally, it is our hope to confirm the opportunity to add $194,930 to the RAMP funding which would provide for a more logical and effective project termination to the west. We look forward to continuing to work with all of our project partners on this important project and appreciate all of your support and assistance. Sincerer; ,r .eo' Jeffrey L. Durbin Town Manager Town of Fraser PO Box 370- Fraser,CO 80442 office 970-726-5491 fax 970-726-5518 ws:w.frasercolorado.com C O L O R A D O January 6, 2014 Mr. David Eller, PE Regional Transportation Director Colorado Department of Transportation (CDOT) Region 3 222 South 6th Street, #317 Grand Junction, CO 81501-2769 RE: Fraser US 40 RAMP Improvement Project Dear Mr. Eller: As we discussed, I am writing to request an extension of the January 6th deadline for the Scope, Schedule, Budget, and Financial Commitment Letter for our RAMP project. I respectfully request an extension until February 3, 2014 for these submittals. The Town of Fraser remains committed to this project. However, we are still working on cost allocations with our funding partners. In addition to affecting our financial commitment letter, these discussions may affect the scope and budget of our project. I appreciate your consideration of this request, as well as all the support we have received from your team. Sincerely J r6y^L. Durbin own Manager Town of Fraser PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518 'A wVV.frasercolorado.cotn MEMORANDUM To: Town Council From: Drew Nelson, Town Manager Date: January 7, 2014 Re: Building Code Amendment Discussion BACKGROUND In November, the Town was approached by a local property owner with concerns over cost and constructability related to the potential conversion of existing commercial space to residential uses. Since the release of the 2003 International Building Code (IBC), fire suppression (i.e. fire sprinkling) and fire separation (i.e. fire-rated wall design) have been required in mixed-use buildings, and the Building Code has been adopted by the towns of Fraser, Granby and Winter Park during this time. Any conversion of use requires fire suppression and separation to be permitted and constructed prior to the issuance of a Certificate of Occupancy. At this time, the only structures that do not require fire suppression and separation at the time of construction are single-family residences and duplex (two-unit) dwellings. Town staff has met with representatives of East Grand Fire as well as the towns of Fraser and Granby, along with a structural engineer, to discuss potential options for reducing these Building Code requirements. While sympathetic to concerns for cost and constructability, it was a goal of the group to try to balance these with the need for safety for workers, residents and public safety personnel in Winter Park and the other jurisdictions we provide building services for. ANALYSIS Attached to this memo are documents from Town staff(including the Building Department) related to this issue. During our group discussion, we broke down the issues surrounding relaxed regulations along with potential solutions. Clearly, there are no perfect solutions that would meet the needs of every property owner in Winter Park, Fraser and Granby while also meeting the safety needs of our public safety personnel. As evident in the attached documents, a wide range of options exist for the towns to consider. Our group discussion galvanized around the adoption of a part of the Building Code not adopted to date — the International Existing Building Code (IEBC). While this would not remove the suppression and separation requirements completely, they would give Design Professionals (i.e. certified architects) the ability to design solutions that meet the overall intent of the Building Code if they cannot meet the exact letter of the Code. Additionally, the Steamboat Springs/Routt County Building Department has carved out an exception in its code for very small mixed-use buildings. The group seemed amenable to allowing an exception that would still require fire separation but remove the fire suppression (sprinkling) in exchange for a fire alarm system that would be installed throughout the entire structure. RECOMMENDATION Town staff would like to continue to develop a compromise solution that can be applied evenly in the three municipalities served by the Building Department. At this time, additional input is needed from Fraser and Granby as to whether this solution provides adequate flexibility for their potential users as well. We are requesting your input on these minor changes before preparing an ordinance for your consideration at a future Council meeting. From: Drew Nelson To: Dennis Soles ; James Shockey; "Todd Holzwarth"; Harold; Brian Szczepanski; "Jeff Durbin"; Wally Baird; "Craig M. Kobe"; Kevin E. Vecchiarelli; Subject: Existing Building Conversion Discussion Date: Thursday, January 02, 2014 3:27:40 PM Gentlemen — I am writing you today to provide my notes and some discussion related to our meeting on December 27th. As you are aware, we are looking at ways to make conversion of existing commercial space to residential uses possible within the context of the Building Code adopted by the Towns of Granby, Fraser, and Winter Park. The Building Code currently requires any such conversion to meet current code regarding both fire suppression (i.e. fire sprinklers) and fire separation (i.e. 1 or 2-hour fire-protected walls). Issues, as identified by the group, include: 1. Cost versus life/safety concerns 2. Current code requires suppression PLUS separation 3. Changing uses to an R Occupancy create unique challenges, including the intermingling of hazardous uses 4. Tax differential (commercial space is taxed at a higher rate) 5. Fees/Permits/Water taps are also compounding issues above and beyond the Building Code 6. Zoning and entitlements either might allow too much or might not allow for any such conversions 7. Egress and ADA accessibility are additional concerns 8. Separation requirements may not be able to be achieved due to cost and/or constructability Possible solutions, as identified by the group, include: 1. Suppression OR separation might be acceptable to the group 2. Communities might want to consider a cut-off date for lightened regulations (i.e. buildings constructed prior to January 1, 2003) 3. International Existing Building Code (IEBC) adoption —would address renovations to existing residential units in mixed-use buildings 4. The group noted that there will not be a "catch-all" solution and that each situation will be different/unique 5. No change 6. Is a government program (i.e. money for conversion of space) a proper role for our respective communities? 7. Steamboat Model — allow for separations and fire alarms to relieve sprinkler requirements 8. Place limits on the number of units or square footage allowed for conversion under relaxed standards 9. Chemical suppression or alternative designs may be feasible for property owners 10. Non-separated uses, using the highest-rated assemblies, may be a preferred alternative In summary, we have a host of issues and options for consideration. It appeared during our meeting that there was support for the following actions in the near future: 1. Adoption of the IEBC. While this would not address the separation/ suppression requirements for the change of occupancy, it provides a graduated scale of restrictions when remodeling existing R occupancies in mixed-use buildings. 2. Adoption of the Routt County mixed-use exception. This would remove the sprinkler system requirement in mixed-use buildings, two stories or less in height and with no more than two dwelling units provided that the required fire separation is achieved and that a manual fire alarm system is installed and maintained. Please let me know if this is reflective of the group's discussion and whether there are other options that might be amenable to you. I anticipate having a discussion with the Winter Park Town Council at their regular meeting at 5:30 p.m. on Tuesday, January 7th, and you are all welcome to attend. I am hoping to get some direction from the Council as to how to proceed at the meeting on the 7th. Sincerely, Drew Nelson Drew Nelson, Town Manager Town of Winter Park P.O. Box 3327 / 50 Vasquez Road Winter Park, CO 80482 970.726.8081 (p) From: Brian Szczei)anski To: Drew Nelson; Harold; Subject: Existing Building Code Date: Monday, January 06, 2014 8:45:46 AM Drew —A little info on the Existing Building Code that may help us better explain to council what this code tries to accomplish. Effective Use of the International Existing Building Code The International Existing Building Code is a model code in the International Code family of codes intended to provide alternative approaches to remodeling, repair or alteration of existing buildings. A large number of existing buildings and structures do not comply with the current building code requirements for new construction. Although many of these buildings are potentially salvageable, rehabilitation is often cost-prohibitive because compliance with all the requirements for new construction could require extensive changes that go well beyond the value of the building or the original scope of the rehabilitation. At the same time, it is necessary to regulate construction in existing buildings that undergo additions, alterations, renovations, extensive repairs or change of occupancy. Such activity represents an opportunity to ensure that new construction complies with the current building codes and that existing conditions are maintained, at a minimum, to their current level of compliance or are improved as required to meet basic safety levels. To accomplish this objective, and to make the rehabilitation process easier, this code allows for options for controlled departure from full compliance with the International Codes dealing with new construction, while maintaining basic levels for fire prevention, structural and life safety features of the rehabilitated building. This code provides three main options for a designer in dealing with rehabilitation of existing buildings. These are laid out in Section 101.5 of this code: OPTION 1: Work for alteration, repair, change of occupancy, addition or relocation of all existing buildings shall be done in accordance with the Prescriptive Compliance Method given in Chapter 3. It should be noted that this same method is provided in Chapter 34 of the International Building Code. OPTION 2: Work for alteration, repair, change of occupancy, addition or relocation of all existing buildings shall be done in accordance with the Work Area Compliance Method given in Chapters 4 through 12. OPTION 3: Work for alteration, repair, change of occupancy, addition or relocation of all existing buildings shall be done in accordance with the Performance Compliance Method given in Chapter 13. It should be noted that this option is also provided in Chapter 34 of the International Building Code. Under limited circumstances, a building alteration can be made to comply with the laws under which the building was originally built, as long as there has been no substantial structural damage and there will be limited structural alteration. Brian Szczepanski-Building Inspector Winter Park/Fraser/Granby Bldg. Dept. PO Box 3327 Winter Park,CO 80482 (970)726-8081 ext.217 www.winterparkgov.com RESPONSIBILITY - It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, to comply with this code. (Winter Park/ Fraser/ Granby Town Code. IRC Section R105.8) MIXED USE STRUCTURES CONTAINING "R"OCCUPANCIES 2009 International Building Code (As adopted by the Town of Winter Park) -Chapter 9 : Fire Protection Systems [F] 903.2.8 Group R.An automatic sprinkler system Only way to get around sprinklering installed in accordance with Section 903.3 shall be provided whole building is create separate throughout all buildings with a Group R fire area. Ibuildings with firewalls. -Chapter 4 :Special Detailed Requirements Based On Use and Occupancy SECTION 420 GROUPS 1-1, R-1, R-2, R-3 Separation required no matter how 420.1 General.Occupancies in Groups I-1,R-1,R-2 and R-3 structure is built/designed. Rating can shall comply with the provisions of this section and other applicable I , be reduced from 1 hour to /z hour if provisions of this code. 420.2 Separation walls.Walls separating dwelling units in the NFPA 13 sprinkler system installed same building,walls separating sleeping units in the same throughout building.Applies for non- building and walls separating dwelling or sleeping units from other occupancies contiguous to them in the same building separated uses. shall be constructed as fire partitions in accordance with Section 709. 420.3 Horizontal separation.Floor assemblies separating dwelling units in the same buildings,floor assemblies separating One layer of 5/8 type X drywall over sleeping units in the same building and floor assemblies wood assemblies provides 40 minute separating dwelling or sleeping units from other occupancies protection by itself per table contiguous to them in the same building shall be constructed as horizontal assemblies in accordance with Section 712. 721.6.2(1) -Chapter 5 : General Building Heights and Areas 508.3 Nonseparated occupancies.Buildings or portions of buildings that comply with the provisions of this section shall Need to determine how building was be considered as nonseparated occupancies. designed and if nonseparated 508.4 Separated occupancies.Buildings or portions of buildings occupancies can be utilized. If not, that comply with the provisions of this section shall be Table 508.4 takes control and fire considered as separated occupancies. barriers/horizontal assemblies must be installed. -Chapter 34 : Existing Buildings and Structure SECTION 3408 CHANGE OF OCCUPANCY 3408.1 Conformance.No change shall be made in the use or occupancy of any building that would place the building in a Whole building needs to be comply different division of the same group of occupancies or in a different with new occupancy requirements, group of occupancies,unless such building is made to unless new occupancy is deemed less comply with the requirements of this code for such division or group of occupancies. Subject to the approval of the building hazardous than previous occupancy. official,the use or occupancy of existing buildings shall be permitted to be changed and the building is allowed to be occupied for purposes in other groups without conforming to all the requirements of this code for those groups,provided the newor proposed use is less hazardous,based on life and fire risk,than the existing use. 3401.5 Alternative compliance.Work performed in accordance with the International Existing Building Code shall be This alternative has been deleted in deemed to comply with the provisions of this chapter. its entirety in IBC amendements Summary of existing requirements under 2009 International Building Code: • Whole building needs to comply with code provisions based on new occupancy. • R occupancies require sprinkler system throughout building. • Need to determine if separated or non-separated uses will be utilized in design. • Required separations easily achieved in existing buildings if NFPA 13 sprinkler system installed throughout building. • SPRINKLER WHOLE BUILDING AND REQUIRED SEPARATIONS CAN BE DRASTICALLY REDUCED. 2009 International Existing Building Code (Not adopted by the Town of Winter Park) -Chapter 9 : Change of Occupancy 901.3 Change of occupancy classification.Where the occupancy classification of a building changes,the provisions of Sections 902 through 912 shall apply.This includes a change of occupancy classification within a group as well as a change of occupancy classification from one group to a different group. One option could be to allow a 901.3.1 Partial change of occupancy classification. licensed design professional to utilize Where a portion of an existing building is changed to anew the IEBC and the flexibility it allows. occupancy classification, Section 912 shall apply. SECTION 904 FIRE PROTECTION 904.1 General.Fire protection requirements of Section 912 shall apply where a building or portions thereof undergo a change of occupancy classification. 912.1.1 Compliance with Chapter 8.The requirements of Chapter 8 shall be applicable throughout the building for the new occupancy classification based on the separation conditions set forth in Sections 912.1.1.1 and 912.1.1.2. 912.1.1.1 Change of occupancy classification without If no separation can be achieved per separation.Where a portion of an existing building is changed to a new occupancy classification and that portion table 508.4 of the IBC, whole building is not separated from the remainder of the building needs to comply with this section. with fire barriers having a fire-resistance rating as required in the International Building Code for the separate occupancy,the entire building shall comply with all of the requirements of Chapter 8 applied throughout the building for the most restrictive occupancy classification in the building and with the requirements of this chapter. 912.1.1.2 Change of occupancy classification with separation.Where a portion of an existing building that If separation present or possible, is changed to a new occupancy classification and that then area where change of occupancy portion is separated from the remainder of the building occurs shall comply with this section. with fire barriers having a fire-resistance rating as required in the International Building Code for the separate occupancy,that portion shall comply with all the requirements of Chapter 8 for the new occupancy classification and with the requirements of this chapter. 912.2 Fire protection systems.Fire protection systems shall be provided in accordance with Sections 912.2.1 and 912.2.2. 912.2.1 Fire sprinkler system.Where a change in occupancy classification occurs that requires an automatic fire Existing Building Code allows only sprinkler system to be provided based on the new occupancy sprinklering where change of in accordance with Chapter 9 of the International occupancy occurs. Confirmed on Building Code,such system shall be provided throughout the area where the change ofoccupancy occurs. Building Code Forum 912.2.2 Fire alarm and detection system.Where a change in occupancy classification occurs that requires a fire alarm and detection system to be provided based on the new occupancy in accordance with Chapter 9 of the International Building Code,such system shall be provided throughout the area where the change of occupancy occurs.Existing alarm notification appliances shall be automatically activated throughout the building.Where the building is not equipped with a fire alarm system,alarm notification appliances shall be provided throughout the area where the change of occupancy occurs and shall be automatically activated Summary of 2009 International Existing Building Code • Option of using this as an alternative has been deleted in our local amendments. • Allows installing sprinkler system and fire alarm/detection in areas where work is being performed. • Other requirements to work area or whole building depend on if occupancy separation is present or can be achieved. • Registered design professional who is familiar with and has experience using the International Existing Building Code should be utilized. • SPRINKLER PART OF THE BUILDING WHERE WORK IS BEING PERFORMED,AND OTHER REQUIREMENTS DEPENDENT ON IF OCCUPANCY SEPARATIONS CAN BE ACHIEVED. Routt County and City of Steamboat Springs—2009 IBC amendments Another option. Difficult to achieve separations in existing buildings. Section 903.2.8 Group R, Is amended to add the following exception: EXCEPTION: An automatic sprinkler system is not required in multi- use Buildings, two stories or less with no more than 2 dwelling units, provided the building is constructed as required by Section 508,4, and an automatic and manual fire alarm systern is installed in accordance with NFPA 72. Sprinkler systems required by other sections and other codes must still be provided. Summary of Routt County Amendment and City of Steamboat Springs • Creating the required separations per Section 508.4 could be as costly as installing sprinkler system. • SPRINKLER NONE OF THE BUILDING BUT REQUIRE STRINGENT OCCUPANCY SEPARATIONS AND ALARM SYSTEMS THROUGHOUT BUILDING. Gentlemen— I am writing you today to provide my notes and some discussion related to our meeting on December 27th. As you are aware, we are looking at ways to make conversion of existing commercial space to residential uses possible within the context of the Building Code adopted by the Towns of Granby, Fraser, and Winter Park. The Building Code currently requires any such conversion to meet current code regarding both fire suppression (i.e. fire sprinklers) and fire separation (i.e. 1 or 2-hour fire- protected walls). Issues, as identified by the group, include: 1. Cost versus life/safety concerns 2. Current code requires suppression PLUS separation 3. Changing uses to an R Occupancy create unique challenges, including the intermingling of hazardous uses 4. Tax differential (commercial space is taxed at a higher rate) 5. Fees/Permits/Water taps are also compounding issues above and beyond the Building Code 6. Zoning and entitlements either might allow too much or might not allow for any such conversions 7. Egress and ADA accessibility are additional concerns 8. Separation requirements may not be able to be achieved due to cost and/or constructability Possible solutions, as identified by the group, include: 1. Suppression OR separation might be acceptable to the group 2. Communities might want to consider a cut-off date for lightened regulations (i.e. buildings constructed prior to January 1, 2003) 3. International Existing Building Code (IEBC) adoption—would address renovations to existing residential units in mixed-use buildings 4. The group noted that there will not be a "catch-all" solution and that each situation will be different/unique 5. No change 6. Is a government program (i.e. money for conversion of space) a proper role for our respective communities? 7. Steamboat Model—allow for separations and fire alarms to relieve sprinkler requirements 8. Place limits on the number of units or square footage allowed for conversion under relaxed standards 9. Chemical suppression or alternative designs may be feasible for property owners 10. Non-separated uses, using the highest-rated assemblies, may be a preferred alternative In summary, we have a host of issues and options for consideration. It appeared during our meeting that there was support for the following actions in the near future: 1. Adoption of the IEBC. While this would not address the separation/suppression requirements for the change of occupancy, it provides a graduated scale of restrictions when remodeling existing R occupancies in mixed-use buildings. 2. Adoption of the Routt County mixed-use exception. This would remove the sprinkler system requirement in mixed-use buildings, two stories or less in height and with no more than two dwelling units provided that the required fire separation is achieved and that a manual fire alarm system is installed and maintained. Please let me know if this is reflective of the group's discussion and whether there are other options that might be amenable to you. I anticipate having a discussion with the Winter Park Town Council at their regular meeting at 5:30 p.m. on Tuesday,January 7t", and you are all welcome to attend. I am tn hoping to get some direction from the Council as to how to proceed at the meeting on the 7 X � D L Q R A D Q Finance Update: 01/22/2014 Prepared: 01/15/2014 Transmitted with your packet this week is the November 2013 Sales Tax Report. 2013 collections are now running 4% above this same period last year. And it would take one heck of a bad December to keep us from hitting budget, and even exceeding my Year-End-Estimate—and I think we all know how busy December was! So based upon Decembers' number we could end up the year in the 5-6% increase over the previous year, and that's some welcome news. I am still working my way through the year end close and all its extra activities, all the while having my ere on the fast approaching audit week. The audit will be performed the week of February 10 h this year. I am hoping to run some preliminary financials shortly— but of course they will change once the audit entries are entered into the system along with paying out the remaining invoices from 2013, and receipting the revenues earned in 2013 but not yet received. Expect me to be out of the limelight until after the audit, but please reach out to me if you need anything. As always please contact me with any questions or concerns you might have: 726-5491 X206 or at nhavens(a)town.fraser.co.us. Town of Fraser PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com BYERS PEAK RANCH WATER & SEWER SERVICE PROPOSAL ..� � - _ �� �+.� -tea. ';�• _ - - �Y��'_ -�y� BYERS PEAK PROPERTIES, LLC BYERS PEAK DOWNHILL ADVENTURES, LLC SERVICE REQUEST TRANSPARENCY BYERS PEAK REQUESTED A COMMITMENT FROM ERASER FOR WATER AND SEWER SERVICE FOR BYERS PEAK RANCH PROPERTY ON DECEMBER 12, 2013. BYERS PEAK IS ASKING THE ERASER BOARD TO AUTHORIZE ITS MANAGER AND COUNSEL TO FINALIZE A SERVICE AGREEMENT FOR BOARD REVIEW. BASIS OF PROPOSAL ANNEXATION OF BYERS PEAK RANCH TO ERASER WAS REJECTED BY THE VOTERS AND BYERS PEAK WILL NOT CONSIDER ANNEXATION - AT THIS TIME. BYERS PEAK IS MOVING FORWARD WITH DEVELOPMENT W THE COUNTY AND HAS AN APPROVED SKETCH PLAN. BYERS PEAK IS PREPARING TO DEVELOP AN INDEPENDENT WATER AND SEWER SYSTEM, HOWEVER THERE IS ANOTHER OPTION. . . . . . . . . . BASIS OF THE PROPOSAL IN KEEPING WITH THE OPPOSITION 'S IDEA THAT THE DEVELOPER SHOULD PAY PLANT INVESTMENT FEES -- EXTEND ERASER WATER AND SEWER SYSTEMS ONTO BYERS PEAK RANCH AT THE DEVELOPER'S COST. BASIS OF THE PROPOSAL BY EXTENDING SERVICES, BYERS PEAK RANCH WILL NOT BE ISOLATED LIKE WINTER PARK RANCH. INTEGRATING ERASER'S WATER AND SEWER SYSTEM WITH BYERS PEAK RANCH WILL ALLOW FOR POSSIBLE ANNEXATION IN THE FUTURE. NON-PRECEDENT SETTING: BYERS PEAK HAS UNIQUE WATER AND LAND ASSETS THAT CANNOT BE REPLICATED AND ARE OFFERED IN LIEU OF ADDITIONAL FEES. ERASER BENEFITS WILL REDUCE/ELI MWATE RECENT BLUE ZONE FIRMING FEE AND COSTS. GUARANTEES IMMEDIATE WET WATER STORAGE OVER AND ABOVE BYERS PEAK'S NEEDS. CREATES SIGNIFICANT REVENUE FROM PIE'S & SERVICE FEES - ESTIMATED AT $Z8 MILLION. SOLIDIFIES TOWN WATER SYSTEM AND RIGHTS RESOLVES PRIOR AGREEMENTS WHICH WILL PROTECT WATER SOURCES AND SUPPLIES FOR THE FUTURE. ETTER PROPOSAL Water Service - service commitment up to 1 ,233 residential units for water and sewer service as in approved County Sketch Plan . Water Tap Fees - Plant Investment Fees will be paid for each SFE according to Town Code for in- town service. Revenue estimated = $9,494, 100. Sewer Tap Fees - Plant Investment Fees will be paid for each SFE, according to the Town Code for in-town service. Revenue estimated = $9,247,500 . PROPOSAL 4. Water and Sewer Monthly Service Fees — Additional users on both systems will allow better service to the entire Town , and will add services revenues estimated at $9, 916, 000 over a 20 year projected build-out. Intown Tap and Service fee rates in exchange for: Immediate access to wet water storage No cost water storage lease Resolution of Meyers water storage Resolution of St Louis Creek Issues LETTER PROPOSAL 5. Byers Peak Pays All Costs. Fraser water and sewer lines will be extended at Byers Peak's cost and in compliance with Fraser water and sewer standards 6. Resolve Outstanding Claims: Meyers Property — Byers Peak will cooperate with Fraser on its decree for and construction of the Elk Creek Ditch No. 2 Augmentation Pond and preservation of the water rights associated with the decree in Case No. 83CW362. LETTER PROPOSAL ME 7 Resolve Outstanding Issues: The Norgren Agreement (May 6, 1981 ) provides authority for Byers Peak to request service. Byers Peak is willing to update this agreement so the Town can insure the St. Louis Creek water rights and water system easement are protected and preserved for the Town's long term use. 8 Grand Park Water Lease — existing `wet' stored water will be leased to Fraser out of the Grand Park ponds to protect current water rights and system , over and above Byers Peak needs. LETTER PROPOSAL 8. Byers Peak Water Lease - Byers Peak will agree to lease future constructed water storage on Byers Peak Ranch to Fraser to protect the Town's water rights and system. 9. Extend Storage Availability - Byers Peak will work to include any property within Fraser's water service boundaries under Case No. 10CW309. REASONS WHY THIS MAKES SENSE RESOLVES KEY WATER ISSUES IDENTIFIED DURING THE ANNEXATION PROCESS -- PROVIDING IMMEDIATE WET WATER STORAGE, REVENUE AND RESOLVING LEGAL ISSUES. INCORPORATES THE OPPOSITION'S REQUEST THAT THE DEVELOPER PAY PLANT INVESTMENT FEES TO ERASER. CREATES A SOLUTION THAT WILL REDUCE OR ELIMINATE FEES CHARGED TO RESIDENTS IN THE BLUE ZONE FOR FIRMING. NEXT STEPS CARPE DIEM - SEIZE THE DAY. MOVE TO AUTHORIZE STAFF TO DRAFT SERVICE AGREEMENT. STAFF TO DRAFT SERVICE AGREEMENT, WORKIING WITH BYERS PEAK - FOR BOARD REVIEW. BYERS PEAK IS MOVIING FORWARD AND CAN'T DELAY ITS PLAIN TO DEVELOP IINDEPEINDEINT SYSTEMS AT BYERS PEAK RANCH - HOWEVER, BYERS PEAK CAN ADJUST TO IINCLUDE BEINEFITS FOR FRASER IF THIS IS DONE EXPEDITIOUSLY. Town of Fraser Sales Tax Report-Actual Collections 2010 2011 $Amt+/- % +/- 2011 2012 $Amt+/- % +/- 2012 2013 $Amt+/- % Jan $1341819 $1391733 41914 3.52 $1391733 $1351024 -41709 -3.49 $1351024 $1541698 191674 12.72 Feb $1491114 $1321193 -161921 -12.80 $1321193 $1441032 111840 8.22 $1441032 $1481979 41946 3.32 March $1581524 $1591740 11216 0.76 $1591740 $1501273 -91467 -6.30 $1501273 $1711102 201829 12.17 April $981990 $1101982 111991 10.80 $1101982 $1181196 71214 6.10 $1181196 $1091023 -91173 -8.41 May $831459 $771649 -51810 -7.48 $771649 $841564 61915 8.18 $841564 $871347 21783 3.19 June $1101052 $1141268 41216 3.69 $114,268 $131,359 171091 13.01 $1311359 $1191942 -111417 -9.52 July $1401260 $1421320 21060 1.45 $1421320 $2091054 661734 31.92 $2091054 $2201039 101985 4.99 Aug $123,224 $1911380 681156 35.61 $1911380 $1281839 -621541 -48.54 $1281839 $1211671 -71168 -5.89 Sept $1041069 $1081044 31975 3.68 $1081044 $1151404 71360 6.38 $1151404 $1191707 41302 3.59 Oct $911135 $901443 -692 -0.77 $901443 $881338 -21105 -2.38 $881338 $961456 81118 8.42 Nov $1491247 $1061888 -421359 -39.63 $1061888 $1061965 77 0.07 $106,965 $117,709 101744 9.13 Dec $1831171 $1711182 -111990 -7.00 $1711182 $1781196 71015 3.94 $178,196 $0 -1781196 #D IV/0! Total $115261065 $115441822 181757 1.23 $115441822 $115901245 451423 2.94 $115901245 $114661673 -1231572 -7.77 Budget $1,600,000 $1,550,000 501000 -3.23 $115501000 $115501000 0 0.00 $115501000 $116001000 501000 3.13 Amt+/- -$731935 -$51178 -$51178 $401245 1 $401245 -$1331327 % +/- -4.62 -0.33 -0.33 2.60 2.60 -8.33 Town of Fraser Sales Tax Report-Adjusted Collections 2010 2011 $Amt+/- % +/- 2011 2012 $Amt+/- % +/- 2012 2013 $Amt+/- % Prev Yr $101447 $201448 101001 48.91 $201448 $211722 11274 5.87 $211722 $81531 -131191 -154.62 Jan $1391519 $1291595 -91924 -7.66 $1291595 $1371782 81187 5.94 $1371782 $1541730 161948 10.95 Feb $1411138 $1361651 -41487 -3.28 $1361651 $1411872 51221 3.68 $1411872 $1461353 41481 3.06 March $1571146 $1641329 71183 4.37 $1641329 $1641692 363 0.22 $1641692 $1731235 81543 4.93 April $1001453 $1001189 -264 -0.26 $1001189 $1011628 11439 1.42 $1011628 $108,669 71041 6.48 May $831629 $731967 -91662 -13.06 $731967 $821457 81490 10.30 $821457 $851189 21732 3.21 June $1121008 $1091386 -21622 -2.40 $1091386 $1241870 151484 12.40 $1241870 $1191444 -51426 -4.54 July $1411137 $1421320 11183 0.83 $142,320 $142,786 466 0.33 $1421786 $148,083 51297 3.58 Aug $120,760 $1911380 701620 36.90 $1911380 $1901176 -11204 -0.63 $1901176 $2011457 111281 5.60 Sept $1111732 $1081044 -31688 -3.41 $1081044 $1141569 61525 5.70 $1141569 $1141176 -393 -0.34 Oct $951341 $901443 -41898 -5.42 $901443 $851853 -41590 -5.35 $851853 $941769 81916 9.41 Nov $1341608 $1061888 -271720 -25.93 $1061888 $1071022 134 0.13 $107,022 $112,037 51015 4.48 Dec $1781147 $1711182 -61965 -4.07 $1711182 $1741816 31634 2.08 $1741816 $0 -1741816 #D IV/0! Total $115261065 $115441822 181757 1.23 $115441822 $115901245 451423 2.94 $115901245 $114661673 -1231572 -7.77 Budget $1,600,000 $1,550,000 501000 -3.23 $115501000 $115501000 0 0.00 $115501000 $116001000 501000 3.13 Amt+/- -$731935 -$51178 -$51178 $401245 $401245 -$1331327 % 1 1 -4.62 -0.33 -0.33 2.60 1 2.60 -8.33 I C O L O R A D O 2 Assurance that Town of Fraser 3 Remains Committed to Entering into a Partnership with CDOT Concerning 4 US 40 Improvements in Fraser Tracking No.: 3-31 Project US 40 Improvements in Fraser Name: 5 Commission Requirement. The purpose of this document is to satisfy the requirement 6 established by the Transportation Commission that applicants for Public-Public Partnership' projects 7 confirm their commitment to the project. Transportation Commission Resolution TC-3106 adopted on 8 October 17, 2013,provides in part: 9 BE IT... RESOLVED that the Transportation Commission requires for each Public- 10 Public Partnership project on or before January 6, 2014, a project scope, schedule, and 11 budget developed by the Colorado Department of Transportation in the form and to the 12 level of detail specified by the Chief Engineer; and 13 BE IT FURTHER RESOLVED that the Transportation Commission also required for 14 each Public-Public Partnership project on or before January 6, 2014, evidence, in a form 15 specified by the Chief Financial Officer, confirming a commitment by the applicant to the 16 project scope, schedule, and budget developed by the Department, including an 17 agreement to hold a public vote to authorize the local match by no later than April 8 if 18 such vote is necessary; and 19 BE IT FURTHER RESOLVED that the Chief Engineer may extend the January 6, 20 2014, deadlines to April 7, 2014, upon application for extension form any applicant or 21 CDOT Region Transportation Director for projects in a flood damaged area. 22 Project Scope, Schedule, and Budget Prepared by CDOT. The Colorado Department of 23 Transportation has prepared the required scope, schedule, and budget for this Public-Public Partnership 24 project. This scope, schedule, and budget is incorporated as Exhibit A of this document. Exhibit A 25 specifies the financial and other commitments of Town of Fraser and identifies when it is reasonably 26 anticipated that such commitments will be provided or performed. 27 Changes in Project Costs. CDOT and the Local Agency Partner will assess at the Final Office 28 Review (FOR) the project budget to be contracted. An estimate over the Exhibit A amount will trigger a 29 reevaluation of the project as well as the project match. CDOT and Town of Fraser will engage in 30 negotiations to determine how and if the project moves to advertisement for construction, as well as the 31 project match. If a project is determined by CDOT to no longer be feasible or if an agreement cannot be 32 reached, CDOT will advise the Transportation Commission that the project is unable to be moved forward 33 and should be removed from the list of approved Public-Public Partnership projects. On a CDOT 34 administered project, any cost variance discovered after the Final Office Review (FOR) will be the 1 MOT interprets Public-Public Partnership projects references in TC-3106 to include Operations projects that have Local Agency Partners. Safety People Integrity Customer Service Excellence Respect Pagel of 3 35 responsibility of CDOT. On a project administered by the Local Agency Partner, the CDOT contribution 36 will not increase after the Final Office Review. Any addition of a"betterment" at the request of the Local 37 Agency Partner is the responsibility of the Local Agency Partner. 38 If there is a cost savings regardless of who is administering the project or when the cost savings 39 occurs,the savings will be prorated. 40 Intergovernmental Agreement. An Intergovernmental Agreement will be completed and fully 41 executed prior to any CDOT expenditure other than the five percent of the total project cost for Fiscal 42 Year 2014 authorized in the RAMP Resolution for pre-construction expenditures unless an exception is 43 granted by the CDOT Chief Financial Officer. It is the policy of CDOT that the Intergovernmental 44 Agreements must be executed by June 30, 2014. Any change in the standard wording of the 45 Intergovernmental Agreement will delay the project and thus put the project in jeopardy. 46 Criteria for Approval of RAMP Local Commitments. The CDOT Chief Financial Officer has 47 issued the following criteria: 48 (1) Local agencies acknowledge receipt of CDOT estimated project cost and drawdown schedule 49 and confirm their ability to provide funding on the schedule. 50 (2)Resolution by city councils or county commissioners or signed commitments by local officials 51 with authority to commit agency resources constitute adequate funding reaffirmation by the local. Where 52 ballot initiative or future budget adoptions are required, locals are fully disclosing and committing to all 53 necessary steps to ensure that it will be on the ballot and/or receive budget consideration. 54 (3) Dollar amount of local agency commitment must align with dollar amounts of CDOT cost 55 estimates. 56 (4)Local agencies cannot commit traditional federal transportation funds. 57 (5) Where multiple local agencies are involved, commitments are required from those local 58 agencies with the authority to commit all local agency funds before approval of funding commitment will 59 be considered. 60 (6)IGAs already in place should meet the above criteria. 61 Evidence of the Continued Commitment by Town of Fraser to the Project. As an officer of 62 Town of Fraser, I confirm that appropriate officials of Town of Fraser have reviewed and considered 63 Exhibit A which contains the scope, schedule, and budget developed by CDOT for the project and the 64 policy regarding changes in project cost stated in the body of this document. 65 1 confirm that to the best of my knowledge I know of no reason why Town of Fraser and CDOT 66 will not execute an Intergovernmental Agreement based on the scope, schedule, and budget contained in 67 Exhibit A and the policy regarding changes in project cost stated in the body of this document by June 30, 68 2014. 69 70 71 May r e Vnith 72 73 Date: Safety People Integrity Customer Service Excellence Respect Page 2 of 3