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Home My Public Portal AboutTBM 2014-10-15FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, October 15, 2014 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Mayor Peggy Smith; Mayor Pro -Tem Philip Naill; Trustees; Eileen Waldow, Cody Clayton Taylor, Andy Miller and Jane Mather Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; Public Works Director Allen Nordin; Town Planner, Catherine Trotter; Town Attorney Rod McGowan; Police Chief Trainor Others: See attached list 1. Workshop: Presentation of proposed 2015 budget Mayor Smith called the meeting to order at 6:30 p.m. 2. Regular Meeting: Roll Call 3. Approval of Agenda: Trustee Mather moved, and Trustee Waldow seconded the motion to approve the Agenda. Motion carried: 6-0. 4. 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) for a retail marijuana licensing request and to include TM Durbin, TA McGowan, TC Berger, and TP Trotter. Trustee Nail[ moved, and Trustee Miller seconded the motion to enter executive session. Motion carried: 6-0. Enter: 6:32 p.m. Exit: 7:00 p.m. Trustee Miller moved, and Trustee Taylor seconded the motion to exit executive session. Motion carried: 6-0. Attorney's Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B) As the attorney representing the Town of Fraser, I am of the opinion that the entire Executive Session, which was not recorded, constituted a privileged attorney-client communication. Page 2 of 5 Rod McGowan, Town Attorney 5. Consent Agenda: a) Minutes — October 1, 2014 b) Minutes — September 17, 2014 Trustee Naill moved, and Trustee Waldow seconded the motion to approve the consent agenda. Motion carried: 6-0. 6. Open Forum: 7. Updates: a) Grand County Commissioners — James Newberry briefed the Board on current projects the County and Commissioners are working on. b) Jody Mimmack, East Grand School District — gave a brief update on the new school year, the current happenings in the district and requested the Town of Fraser contribute $25,000. To East Grand School District Tech Program.. C) Grand Beginnings - updated the Board on the progress of GB's 2014 projects/ initiatives, and thanked the Board for the funding they receive from Fraser. 8. Public Hearings: a) Serene Wellness Retail Marijuana License — Trustee Taylor moved, and Trustee Waldow seconded the motion to open the public hearing on Serene Wellness Retail Marijuana License. Motion carried: 6-0. TA McGowan outlined the hearing procedure for the Board and public and swore in the witness'. Trustee Mather had questions regarding the regulations for the licensing of retail marijuana. The retail application, Proof of Publication, Findings of Fact and Police report/background check were entered into evidence as exhibits. Trustee Naill moved, and Trustee Waldow seconded the motion to enter the exhibits into evidence. Motion carried: 6-0. Also, entered as exhibits into evidence were; 2 emails received in opposition, the Board briefing from TC Berger and the Police findings. Trustee Waldow moved, and Trustee Mather seconded the motion to enter the exhibits into evidence. Motion carried: 6-0. Testimony was taken from: Dan Volpe — applicant. Craig Clarke — buyer of the Alco Center and owner of Growhouse Fraser LLC, a current retail marijuana applicant in the Town of Fraser. Marcie Tucker — employee of Dan Volpe in Empire spoke in favor of granting the license. Page 3 of 5 Katie McCoy — neighbor of Serene Wellness, would like to see a fence blocking off the alley. Chief Trainor expressed concerns with the suggestion to require fencing to control pedestrian traffic from the alley. He outlined how fences impede neighborhood patrols, law enforcement activities and pose significant concerns for officer safety during pursuit. Kyle Pfeffer, Attorney for Serene Wellness LLC, - addressed the Board regarding the testimony given during the hearing. Trustee Taylor moved, and Trustee Naill seconded the motion to close the public hearing on Serene Wellness Retail Marijuana License. Motion carried: 6-0. • Resolution 2014-10-02 Approving The Application of Serene Wellness Fraser LLC, for a Retail Marijuana Center License for the Premises at 228 Byers Avenue, Fraser, Colorado. Trustee Taylor moved, and Trustee Waldow seconded the motion to approve Resolution 2014-10-02 Approving the Application of Serene Wellness Fraser LLC, for a Retail Marijuana Center License for the Premises at 228 Byers Avenue, Fraser, Colorado. Motion carried: 6-0. b) RV Easement Vacation (and relocation) Lot 56, East Mountain Filing 1, (Rendezvous) Reception # 2001-002997 TP Trotter outlined the desire of the applicant to relocate the emergency turnaround and vacate the easement. The existing easement will be abandoned and the replacement easement will be paved in the spring. Surety is being held until the easement is paved. Trustee Taylor moved, and Trustee Miller seconded the motion to close the public hearing on RV Easement Vacation (and relocation) Lot 56, East Mountain Filing 1, (Rendezvous) Reception # 2001-002997. • Ordinance 422, Authorizing the Vacation of Portions of Certain Public Easements on Lot 56, East Mountain Filing 1 Trustee Miller moved, and Trustee Taylor seconded the motion to approve Ordinance 422, Authorizing the Vacation of Portions of Certain Public Easements on Lot 56, East Mountain Filing 1. Motion carried: 6-0. C) Willows Easement Vacations Trustee Mather moved, and Trustee Waldow seconded the motion to open the public hearing on Willows Easement Vacations. Motion carried: 6-0. Proof of publication was given. TP Trotter briefed the Board on the history of the easements in the Willows and the current need, due to a change in the Willows plat to vacate these easements and replace the easements with the new alignment of the public right-of-ways. Page 4 of 5 Trustee Miller moved, and Trustee Taylor seconded the motion to close the public hearing on Willows Easement Vacations. Motion carried: 6-0. • Ordinance 423, Vacating Certain Public Water and Sewer Easements on Property owned by Grand Park Development LLC, in the Town of Fraser Trustee Miller moved, and Trustee Mather seconded the motion to approve Ordinance 423, Vacating Certain Public Water and Sewer Easements on Property owned by Grand Park Development LLC, in the Town of Fraser with the following conditions: • Receipt of correct legal. • Removal of the existing water and sewer facilities from the temporary easements. Motion carried: 6-0 9. Discussion and Possible Action Regarding: a) Resolution 2014-10-02 Approving The Application of Serene Wellness Fraser LLC, for a Retail Marijuana Center License for the Premises at 228 Byers Avenue, Fraser, Colorado. Acted on after close of hearing, see above b) Ordinance 422, Authorizing the Vacation of Portions of Certain Public Easements on Lot 56, East Mountain Filing 1 Acted on after close of hearing, see above. C) Ordinance 423, Vacating Certain Public Water and Sewer Easements on Property owned by Grand Park Development LLC, in the Town of Fraser Acted on after close of hearing, see above. d) Resolution 2014-10-01 Authorizing the Mayor to enter into a Construction and Maintenance Agreement with Union Pacific Railroad TA McGowan briefed the Board on the agreement with Union Pacific Railroad. The Board would accept the underpass as a public improvement after the 1 year seasoning period guaranteed by the contractor. Trustee Waldow moved, and Trustee Taylor seconded the motion to approve Resolution 2014-10-01 Authorizing the Mayor to enter into a Construction and Maintenance Agreement with Union Pacific Railroad. Motion carried: 6-0 e) Resolution 2014-10-03 Authorizing Award of Bid and Execution of Contract for Fraser US 40 Highway Improvement Project TM Durbin updated the Board on the bidding process for the Fraser US 40 Highway Improvement Project. A pre-bid meeting was held Friday October 10th with the final bid opening on Friday October 17tH Trustee Waldow inquired as to whether the Town would need to accept the lowest bid. TM Durbin and TA McGowan outlined how this is a CDOT Highway Project, and unlike 9. Page 5 of 5 Kings Crossing which was an access permit project, the state rules require that the project be awarded to the "lowest responsible bid." Additionally, proposals can only be submitted by CDOT pre -qualified contractors and the bids are subject to CDOT review and approval. Trustee Miller moved, and Trustee Taylor seconded the motion to approve Resolution 2014-10-03 Authorizing Award of Bid and Execution of Contract for Fraser US 40 Highway Improvement Project. Motion carried: 6-0 f) Headwaters Trail Alliance Trail 2014/2015 Winter Grooming Program TM Durbin outlined the desire of HTA to hire a contractor to do the winter grooming program instead of using volunteers as in the past. The Board directed TM Durbin to proceed with the agreement. g) Town Minutes Format Discussion — deferred to future agenda. Other Business: The Board was provided with the preliminary 2015 budget at the meeting. Trustee Waldow moved, and Trustee Naill seconded the motion to adjourn. Motion carried: 6-0. Meeting adjourned at 9:55 p.m. OF F� F14 A s� Lu Berger, To Clerk SEAL \COLORA0O-