HomeMy Public PortalAboutTBP 2014-01-22 ti r
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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.
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(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
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(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
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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
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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
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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.
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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:
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