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HomeMy Public PortalAboutTBP 2014-12-03FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, November 19, 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, Katie Soles, Cody Clayton Taylor, Andy Miller and Jane Mather Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; Finance Manager Nat Havens; Public Works Director Allen Nordin; Town Planner, Catherine Trotter Others: See attached list Mayor Smith called the meeting to order at 7:00 p.m. 1. Workshop: Law Enforcement Overview 2. Regular Meeting: Roll Call 3. Approval of Agenda: Agenda changed to move the Emergency Service Impact Fee Amendment from 6b and 7b to 6a and 7a. Trustee Soles moved, and Trustee Waldow seconded the motion to approve the Agenda. Motion carried: 7-0. 4. Consent Agenda: a) Minutes — October 15tH 29th and November 5, 2014 b) Resolution 2014-11-02 Approving Expenditures for the Wastewater Treatment Plant Blower and Panel Logic Control Trustee Naill moved, and Trustee Waldow seconded the motion to approve the consent agenda. Motion carried: 7-0. 5. Open Forum: 6. Public Hearings: a) Emergency Service Impact Fee Amendment Trustee Soles moved, and Trustee Naill seconded the motion to open the public hearing on the Emergency Service Impact Fee Amendment. Motion carried: 7-0. Page 2 of 3 East Grand Fire Protection District is requesting to increase their Fire Impact Fee for both residential and commercial structures. Staff is recommending approval of this request. Chief Holdsworth represented East Grand Fire District and outlined the need for an increase in the Emergency Service Impact Fee. The fee is strictly for capital improvements. Trustee Soles moved, and Trustee Taylor seconded the motion to close the public hearing on the Emergency Service Impact Fee Amendment. Motion carried: 7-0. a) Ordinance 424 Emergency Service Impact Fee Amendment East Grand Fire Protection District is requesting to increase their Fire Impact Fee for both residential and commercial structures. Staff is recommending approval of this request. Trustee Mather moved, and Trustee Waldow seconded the motion to approve Ordinance 424 Emergency Service Impact Fee Amendment. Motion carried: 7-0 b) 2015 Budget TM Durbin recommended continuation of the hearing to December 3, 2014. Trustee Taylor moved, and Trustee Waldow seconded the motion to open the public hearing on the 2015 Budget. Motion carried: 7-0. After discussion, the Board directed staff to revise the proposed budget to include the following: • $100,000 for Economic Development Programs • $100,000 for Fraser Revitalization Initiatives • $50,000 for Records Management Enhancements • $5,000 contribution to the Grand Enterprise Initiative • $10,000 for trail enhancements • $3,000 for winter grooming on the Fraser River Trail • One new full time year round Operator position (Public Works) • Compensation for Planning Commissioners Additionally, the Board directed staff to include the following in the 2015 workplan: • Seek grant funding for pedestrian enhancements around Holiday Inn Express • Initiate work for 2016 ballot proposal regarding a street maintenance mill levy The Board also discussed the transit enhancement proposals and directed staff to pursue implementation of the "Fraser Link" with First Transit. Trustee Soles moved, and Trustee Taylor seconded the motion to continue the public hearing on the 2015 Budget. Motion carried: 7-0. 7. Discussion and Possible Action Regarding: b) Ordinance 425 Willows Easement Vacation Page 3of3 Grand Park Development LLC is requesting that the Town vacate 2 easements. Staff is recommending approval as this request in accordance with the Fraser Municipal Code. A replacement easement has been provided. Ordinance No. 423 was already approved by the Town Board; however, the documents were not executed in a timely manner. Thus, Ordinance No. 425 is in the packet for your consideration. Trustee Naill moved, and Trustee Waldow seconded the motion to approve Ordinance 425 Willows Easement Vacation. Motion carried: 7-0. 8. Other Business: Trustee Soles moved, and Trustee Mather seconded the motion to adjourn. Motion carried: 7-0. 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' SSR M CD -a rt ;r -I a -• p* O a 'a W O CD O M o N CD S O O -a O C PD PD h . cD =a _O m Z m TOWN OF FRASER RESOLUTION NO. 2014-12-01 A RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT WITH FIRST TRANSIT, INC. FOR TRANSPORTATION SERVICES BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: The Town Manager is hereby authorized to execute a contract with First Transit, Inc. for transportation services with a term to expire April 19, 2015. DULY MOVED, SECONDED, AND ADOPTED THIS 3 d DAY OF DECEMBER, 2014. Votes in favor: Votes opposed: Absent: Abstained: (S E A L) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk TOWN OF FRASER RESOLUTION NO. 2014-12-02 A RESOLUTION ENTERING INTO A CONTRACT WITH NORTHWEST COLORADO COUNCIL OF GOVERNMENTS (NWCCOG) FOR GIS SERVICES BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Town Manager is hereby authorized to execute contract with Northwest Colorado Council of Governments (NWCCOG) for GIS Services with a term to expire December 31, 2015. DULY MOVED, SECONDED, AND ADOPTED THIS 3 d DAY OF DECEMBER, 2014. Votes in favor: _ BOARD OF TRUSTEES OF THE Votes opposed: _ TOWN OF FRASER, COLORADO Absent: _ Abstained: BY: Mayor ATTEST: (S E A L) Town Clerk TOWN OF FRASER RESOLUTION NO. 2014-12-03 A RESOLUTION ENTERING INTO A CONTRACT WITH DOUBLE DIAMOND DATA, LLC. FOR COMPUTER SUPPORT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Town Manager is hereby authorized to execute a contract with Double Diamond Data, LLC. for computer support with a term to expire December 31, 2015. DULY MOVED, SECONDED, AND ADOPTED THIS 3 d DAY OF DECEMBER, 2014. Votes in favor: Votes opposed: Absent: Abstained: (S E A L) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk TOWN OF FRASER RESOLUTION NO. 2014-12-04 A RESOLUTION ENTERING INTO A CONTRACT WITH JRS ENGINEERING CONSULTANT, LLC. FOR ENGINEERING SERVICES BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Town Manager is hereby authorized to execute a contract with JRS Engineering Consultant LLC. for engineering services with a term to expire December 31, 2015. DULY MOVED, SECONDED, AND ADOPTED THIS 3 d DAY OF DECEMBER, 2014. Votes in favor: Votes opposed: Absent: Abstained: (S E A L) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk TOWN OF FRASER RESOLUTION NO. 2014-12-05 A RESOLUTION ENTERING INTO A CONTRACT WITH McLAUGHLIN WATER ENGINEERS LTD. FOR ENGINEERING SERVICES BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Town Manager is hereby authorized to execute a contract with McLaughlin Water Engineers for engineering services with a term to expire December 31, 2015. DULY MOVED, SECONDED, AND ADOPTED THIS 3 d DAY OF DECEMBER, 2014. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: Absent: Abstained: (S E A L) TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk TOWN OF FRASER RESOLUTION NO. 2014-12-06 A RESOLUTION ENTERING INTO A CONTRACT WITH BROWN AND CALDWELL ENGINEERS FOR ENGINEERING SERVICES BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Town Manager is hereby authorized to execute a contract with Brown And Caldwell Engineers for engineering services with a term to expire December 31, 2015. DULY MOVED, SECONDED, AND ADOPTED THIS 3 d DAY OF DECEMBER, 2014. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: Absent: Abstained: (S E A L) TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk TOWN OF FRASER RESOLUTION NO. 2014-12-07 A RESOLUTION APPROVING A LEASE AGREEMENT WITH DALE BOOTH FOR THE PROPERTY LOCATED AT 105 FRASER AVENUE IN FRASER. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: That the Town Board of Fraser, Colorado hereby approves the attached lease agreement and authorizes the Town Manager to execute the lease agreement. 2. All documents must be executed within sixty days of the date of this Resolution or this approval shall no longer be effective. DULY MOVED, SECONDED, AND ADOPTED THIS 3 d DAY OF DECEMBER, 2014. Votes in favor: Votes opposed: Absent: Abstained: (S E A L) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk TOWN OF FRASER RESOLUTION NO. 2014-12-08 A RESOLUTION APPROVING A LEASE AGREEMENT WITH JOHN HARTLAUER FOR THE PROPERTY LOCATED AT 400 DOC SUSIE AVENUE IN FRASER. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: That the Town Board of Fraser, Colorado hereby approves the attached lease agreement and authorizes the Town Manager to execute the lease agreement. 2. All documents must be executed within sixty days of the date of this Resolution or this approval shall no longer be effective. DULY MOVED, SECONDED, AND ADOPTED THIS 3 d DAY OF DECEMBER, 2014. Votes in favor: Votes opposed: Absent: Abstained: (S E A L) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk TOWN OF FRASER RESOLUTION NO. 2014-12-09 A RESOLUTION APPROVING A LEASE AGREEMENT WITH FRASER VALLEY METROPOLITAN RECREATION DISTRICT FOR THE PROPERTY LOCATED AT 117 EISENHOWER IN FRASER. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Town Board of Fraser, Colorado hereby approves the attached lease agreement and authorizes the Town Manager to execute the lease agreement. 2. All documents must be executed within sixty days of the date of this Resolution or this approval shall no longer be effective. DULY MOVED, SECONDED, AND ADOPTED THIS 3 d DAY OF DECEMBER, 2014. Votes in favor: Votes opposed: Absent: Abstained: (S E A L) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk MEMO TO: Mayor Smith and the Board of Trustees FROM: Catherine E. Trotter, AICP, Town Planner DATE: December 3, 2014 SUBJECT: License Agreement which permits an off -premise sign with owners of Sharky's MATTER BEFORE BOARD: Approving a license agreement for an off -premise sign. ACTION REQUESTED: Approval of Resolution No. 2014-12-10, renewing a license agreement which permits an off - premise sign with the owners of Sharky's Eatery. EXECUTIVE SUMMARY: In recent years, the Town has permitted an off -premise sign located at Goranson Station. The license agreement which permits such off -premise sign is annually updated each December. Staff is recommending approving the license agreement. BACKGROUND: In 2009, the Town Board was approached by the owners of Sharky's Eatery to request permission to place a free standing sign adjacent to US 40, directly in front of their restaurant located at 221 Doc Susie Ave., Fraser. This adjacent property, now known as Goranson Station, is owned by the Town of Fraser. Their request was based on Section 16-10-330 of the Fraser Sign Code which stated the following: Off -premise sign may be permitted if the business street frontage is not on US 40. Property owner permission is required and off -premise signs must be approved by the Board of Trustees on a case-by-case basis. The Town Board was willing to grant a revocable license under the terms and conditions specified in the license agreement. ALTERNATIVES: Not approve Resolution 2014-12-10. RECOMMENDATION: Staff is recommending that the Town Board approve a license agreement which permits an off - premise sign, with conditions, with the owners of Sharky's Eatery, located at 221 Doc Susie Avenue in Fraser. Due to the improvements at Goranson Station and the fabrication of a new Sharky's sign, the sign location will have to move. New location to be determined in sping 2015. A resolution is included in the packet. �own of Fraser I1�10 Box 370, Fraser, 80442 office 970 726-5491 fax 97e-726-551 rnrrn w f asercdorado.com TOWN OF FRASER RESOLUTION NO. 2014-12-10 A RESOLUTION APPROVING A LICENSE AGREEMENT WHICH PERMITS AN OFF - PREMISE SIGN, WITH CONDITIONS, WITH THE OWNERS OF SHARKY'S EATERY, LOCATED AT 221 DOC SUSIE AVENUE IN FRASER. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Town Board of Fraser, Colorado hereby approves the attached license agreement and authorizes the Town Manager to execute the license agreement. 2. All documents must be executed within sixty days of the date of this Resolution or this approval shall no longer be effective. READ, PASSED AND ADOPTED BY THE BOARD OF TRUSTEES THIS 3 d DAY OF DECEMBER, 2014. Votes in favor: _ BOARD OF TRUSTEES OF THE Votes opposed: _ TOWN OF FRASER, COLORADO Absent: _ Abstained: BY: Mayor ATTEST: (S E A L) Town Clerk TOWN OF FRASER RESOLUTION NO. 2014-12-11 A RESOLUTION APPROVING A REVOCABLE LICENSE AGREEMENT WITH RENDEZVOUS COLORADO, LLC PERMITING 2 SHEDS OWNED BY RENDEZVOUS COLORADO, LLC TO REMAIN ON TOWN PROPERTY AND ALLOWING THE TOWN TO CONDUCT RANDOM INSPECTIONS OF THE CONTENT OF THE SHEDS NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: That the Town Board of Fraser, Colorado hereby approves the attached license agreement and authorizes the Town Manager to execute the license agreement. 2. All documents must be executed within sixty days of the date of this Resolution or this approval shall no longer be effective. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 3 d DAY OF DECEMBER, 2014. Votes in favor: Votes opposed: Absent: Abstained: (S E A L) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk MEMO TO: Mayor Smith and the Board of Trustees FROM: Catherine E. Trotter, AICP, Town Planner DATE: December 3, 2014 SUBJECT: Annual Update to the Fraser Three Mile Plan MATTER BEFORE BOARD: The Town of Fraser is required by C.R.S. 31-12-105 (1) (e) to have in place a plan that is updated annually to all territory within the boundaries of the Town of Fraser and to those areas outside the Town as provided by C.R.S. 31-12-105 (1) (e). ACTION REQUESTED: Approval of Resolution No. 2014-12-12, renewing the Town of Fraser Three Mile Plan, as recommended by the Fraser Planning Commission and as authorized and required by Colorado Revised Statutes. EXECUTIVE SUMMARY: According to Colorado State Statutes, the Town of Fraser needs to update the Three Mile Plan annually. On October 22, 2014, the Fraser Planning Commission recommended that the Town Board adopt the Three Mile Plan as included within the 2010 Town of Fraser Comprehensive Plan with no changes at this time. See PC Resolution 2014-10-02. BACKGROUND: According to Colorado State Statutes, the Town of Fraser needs to update the Three Mile Plan annually. The Three Mile Plan is a long-range plan that outlines where municipalities intend to annex property and describes how they will ensure adequate provisions of services within newly annexed territory and the remainder of the existing municipality. The Three Mile Plan is a component of the 2010 Town of Fraser Comprehensive Plan. Attached to this briefing are pages 56-58 of the 2010 Comprehensive Plan (Three Mile Plan). ALTERNATIVES: Not applicable. RECOMMENDATION: Staff is recommending that the Town Board approve the Three Mile Plan as detailed in the Comprehensive Plan with no changes at this time. A resolution is included in the packet. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 wv.,v✓.frasercolorado.com TOWN OF FRASER PLANNING COMMISSION RESOLUTION 2014-10-02 RECOMMENDING APPROVAL OF FRASER'S THREE MILE PLAN, BY THE FRASER PLANNING COMMISSION WHEREAS, the Town of Fraser is required by C.R.S. 31-12-105(1)(e) to have in place a plan that is updated annually to apply to all territory within the boundaries of the Town of Fraser and to those areas outside the Town as provided by C.R.S. 31-12-105(1)(e); WHEREAS, the Three Mile Plan is incorporated within the Town of Fraser Comprehensive Plan; WHEREAS, areas within the Three Mile Planning Area have been considered regarding general land description, land use, utilities, transportation, community services, open space, parks, and recreational amenities; and WHEREAS, the Fraser Planning Commission extensively reviewed the Three Mile Plan as included within the 2010 Comprehensive Plan and recommends no changes at this time and recommends its adoption for the health, safety, and welfare of current and future residents of the Town of Fraser. NOW THEREFORE, BE IT RESOLVED THAT THE TOWN OF FRASER PLANNING COMMISSION RECOMMENDS that the Town Board adopt the Three Mile Plan as included within the 2010 Town of Fraser Comprehensive Plan with no changes at this time. DULY MOVED, SECONDED, AND ADOPTED THIS 22nd DAY OF OCTOBER 2014. BY: Chairpersc AM. Town Clerk �' SEAL - 56 - COMPREHENSIVE PLAN 2010 t Colorado State Statutes require that each community have in place a plan for that area within three miles of its boundary, and that said plan be updated at least once annually. This provides a framework for decision making regarding annexations and other extraterritorial matters. The Three Mile Plan is a long-range planning opportunity for municipalities to consider where they want to annex, how to provide service in the newly annexed areas, and how they will sustain adequate levels of service throughout the rest of the municipality. Although the Town of Fraser does not actively seek annexations, it intends to be prepared to make informed decisions should annexation petitions be presented to the Town. Additionally, the Town recognizes the effects that development outside the corporate limits can have on the Town and seeks to promote regional planning to improve regional decisions. The Town of Fraser Three Mile Planning Area was established as follows: ❖ All properties within three miles of the Town boundaries were identified. ❖ Properties already included within another jurisdiction were removed. ❖ The National Forest Boundary Line was also used as a limiting factor on the plan map, though the Town is aware that property swaps can quickly change those boundaries. •S The Three Mile Planning Area will be modified as changes occur in the Town boundaries and/or Forest Boundaries. The Town of Fraser Three Mile Plan is a component of the Comprehensive Plan. The land use and development policies as outlined in the Comprehensive Plan for areas within Town also apply throughout the three mile area. Generally, low to medium density residential land uses are preferred within the three mile planning area. Higher density residential, mixed use, commercial, and light industrial uses should be directed toward municipal areas. Development proposals for areas surrounding the Town of Fraser should be considered for incorporation within the municipality before development in unincorporated areas. While the Three Mile Plan provides for low to medium density residential in these areas, low to medium density sprawl throughout the Valley is not a preferred land use pattern. The Town of Fraser recognizes that low to medium density residential development may occur in unincorporated areas; however, development within municipalities is preferable because public utilities and services can be provided more efficiently. The overall densities from these areas could be clustered into smaller higher -density areas enabling preservation of open space. The fiscal impacts of development should be considered as a component of the decision making process regarding both development in unincorporated areas or annexation into the Town. The Town of Fraser annexation policy provides that the Town of Fraser has no intention of annexing any developed areas that may be included within the Three Mile Planning Area, such as Winter Paris Ranch Area, Icebox Estates and Sunset Ridge. The Town of Fraser intends to support a county -wide growth plan that reduces sprawl and provides for efficient provision of services while protecting the character, quality of life and sense of place that makes the Fraser Valley such a unique community. Growth or development that may be occurring outside the Town but within the Three Mile Planning Area should be consistent with these goals and policies. - 57 - COMPREHENSIVE PLAN 2010 - 58 - COMPREHENSIVE PLAN 2010 TOWN OF FRASER RESOLUTION NO. 2014-12-12 RENEWING THE TOWN OF FRASER'S THREE MILE PLAN, AS RECOMMENDED BY THE FRASER PLANNING COMMISSION AND AS AUTHORIZED AND REQUIRED BY COLORADO REVISED STATUTES WHEREAS, the Town of Fraser is required by C.R.S. 31-12-105(1)(e) to have in place a plan that is updated annually to apply to all territory within the boundaries of the Town of Fraser and to those areas outside the Town as provided by C.R.S. 31-12-105(1)(e); WHEREAS, the Three Mile Plan is incorporated within the Town of Fraser Comprehensive Plan; WHEREAS, areas within the Three Mile Planning Area have been considered regarding general land description, land use, utilities, transportation, community services, open space, parks, and recreational amenities; and WHEREAS, the Fraser Planning Commission extensively reviewed the Three Mile Plan as included within the 2010 Comprehensive Plan and recommends no changes at this time and recommends its adoption for the health, safety, and welfare of current and future residents of the Town of Fraser. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT the Three Mile Plan as approved by the Fraser Planning Commission be updated as included within the 2010 Town of Fraser Comprehensive Plan. DULY MOVED, SECONDED, AND ADOPTED THIS 3 d DAY OF DECEMBER, 2014. Votes in favor: _ BOARD OF TRUSTEES OF THE Votes opposed: _ TOWN OF FRASER, COLORADO Absent: _ Abstained: BY: Mayor ATTEST: (S E A L) Town Clerk w1jiAL MtHLHANDISE i �m1/5 TOWN OF FRASER 2015 OVERVIEW AND BUDGET MESSAGE 17 .�, Mayor Smith and the Board of Trustees are pleased to present the Town of Fraser 2015 Budget as adopted on December 3, 2014. The Town Board has expressed a strong commitment to ensuring the fiscal sustainability of the organization while providing the highest level of service within our available resources. Throughout the Budget Process, the Town Board has identified challenges that threaten near term fiscal sustainability for the organization. Further, absent effective mitigating actions by the Town, the impact of these challenges may result in significant reductions to levels of service, changes to the Towns tax structure, and/or increases in service fees. These challenges are summarized as follows: • Sales tax revenues provide approximately 75% of the revenue in the General Fund which provides for the general operations of the Town. The Fraser business community is relatively small, therefore otherwise minor changes can have a significant impact on revenues that are relied upon for general operations. For example, should the Town of Winter Park be successful in soliciting a grocery store, this would most certainly result in reductions in Fraser sales tax revenues. Additionally, during the Budget Process it came to light that Alco is in the midst of closing its doors due to bankruptcy. Sales tax revenue projections for 2015 have been reduced accordingly. • Economic development initiatives may be hampered by the lack of consistent character and vitality throughout the business corridor, and the community's long range plans and codes need review. • The lack of a comprehensive effort to coordinate and improve solid waste management programs, energy efficiency, and best business practices to utilize renewable energy sources in a cost effective manner results in lower levels of service at higher costs and a higher carbon footprint for businesses and residents in Fraser. • While the Town of Fraser has made great strides to improve its records management programs, this is a critical function for the organization and needs further resources to ensure effective and efficient management of our community's public records. • Demands on the Public Works Department exceed current resources in the department, especially in terms of winter snow management, water and sewer operations, and open space and trails maintenance. • Absent significant investment in water system infrastructure, the Town may not be able to meet its mission of providing a safe, reliable, and sustainable water supply into the future. • Inflow and infiltration into the Town's wastewater collections system is resulting in operational challenges at the Upper Fraser Valley Wastewater Treatment Facility which will require multi-million dollar capital projects at the Facility to avoid violations of our permits, unless we act to reduce the collection system inflow and infiltration problems. Colorado municipalities are required to adopt an annual budget. In addition to identifying revenue sources and amounts, the budget identifies the Town Board's vision and hopes for the community via proposed expenditures. Over the course of the year, the Budget provides the framework for the annual workplan, all programs, projects, and services (and levels of service) to be provided to the community. The expenditures appropriated in the annual budget cannot be exceeded unless an amended budget is adopted after proper hearings. The annual budget cannot provide for deficit spending, unless appropriate additional funds are provided (such as those from reserve accounts). Budget adoption is a public policy exercise that must comply with certain statutory requirements. The Fraser process meets and exceeds all such requirements. While only one public hearing is required, the Fraser Town Board conducted three hearings. These hearings occurred on November 5th, November 19th, and December 31d 2014. The Water and Wastewater Committee was also instrumental in developing policies and goals for the Water and Wastewater Funds. The baseline services provided for in the 2015 budget are proposed to be provided at the same level of service as provided in 2014. These baseline services include: • Public Works, including maintenance of streets, trails, parks, and other assets; Water production and distribution to Fraser residents and guests; Wastewater collections and treatment. • Administrative services including financial and records management, and general municipal administration. • Community Development, including planning review of new development, long range strategic planning, and other planning and building services. • Provision of Law Enforcement (including municipal court and animal control) and Building Inspection Services via intergovernmental agreements with the Town of Winter Park. • Operation of the Upper Fraser Valley Wastewater Treatment Facility on behalf of the Town of Fraser, Winter Park Ranch Water and Sanitation District, and Grand County Water and Sanitation District #1. In addition to the baseline services, the Town Board included provisions in the 2015 Budget to mitigate the challenges facing the community as identified above. These include: • $100,000 for Economic Development Programs. The Town Board anticipates beginning 2015 with an economic development summit with the Chamber of Commerce and the Town of Winter Park. The data and information provided by the Grand Profile will provide baseline information to initiate this effort. • Fraser will provide a $5,000 contribution to the Grand Enterprise Initiative. This countywide initiative is designed to provide business owners free, confidential support and assistance with the goal of growing local businesses. • Funding for the Chamber of Commerce will increase by $15,000. The total funding is based upon 3.33% of sales tax revenues plus $15,000 for general events and $10,000 for Fraser's Picnic in the Park. In addition, the Town Board has asked the Chamber to provide assistance and support in its economic development efforts. • $25,000 is appropriated for Public Transit enhancements. The Board hopes to provide better evening transportation which will improve local and visitor experiences and encourage visitation of our restaurants and bars. n of IC:: uIT ,,;er t¢ 11 ox `370,II 'aser, CO 80442 offi,t e 970 726 5491 fax 970...726...55`1 1 www .7i nei-t;obi-ado corn • $10,000 for trail enhancements (primarily way finding and informational signage) and $3,000 for winter grooming on the Fraser River Trail. Headwater Trails Alliance will be an important partner with these efforts. • $100,000 is appropriated for Fraser Revitalization Initiatives. This work will involve a community conversation about our shared visions and expectations for the community, and help define a strategy to implement this vision. • $30,000 is provided for Sustainability Planning Efforts. These efforts will consider solid waste management and renewable energy opportunities. • $50,000 for Records Management Enhancements. This is phase two of significant upgrades to the Towns systems that were initiated in 2014. • The Water and Wastewater Funds include budget appropriations for significant capital projects as identified in the Capital Improvement Plans. The wastewater projects are pending additional funding support from a pending grant application. • Two new positions are included in the 2015 Budget to assist with administrative and operational demands that exceeded staff capacities in 2014. The Town was awarded a grant from the Colorado Department of Local Affairs (DOLA) through its Cathy Shipley Best and Brightest Program. This will provide the Town with a graduate student intern to assist with a variety of administrative projects. DOLA funds $20,000 of the $37,500 cost associated with this position. Additionally, a new year round full time Equipment Operator Position will be funded in Public Works to increase resources allocated to snow management, water, sewer, trails, and other demands in the department. In addition to these new appropriations, the following are noteworthy additions and funding changes from the 2014 Budget: • The budget for staff and Town Board training and travel has been increased to provide for levels consistent with 2014. Given the number of recently elected Trustees and Commissioners, training and professional development is important. • Revenues and expenditures related to reimbursable professional services have been increased to avoid the need to amend the budget. These items related to consultant review fees for development applications, and revenues will be equal to the expenses as a result of developer/applicant payment. • Legal and engineering fees in the General Fund, Water Fund, and Wastewater Fund have been increased in anticipation of ongoing matters that require this support. These include water diligence matters, protection of the Town's interests as Byers Peak Ranch pursues new water rights and county development approvals, and wastewater permitting matters. • 117 Eisenhower (the Historic Church and Community Center) needs to be painted in 2015. The budget provides $18,000 for this work. • The Highway 40 paved pedestrian trail needs a slurry seal in 2015 at an estimated expense of $15,000. • Funding is included for the Cozens Ranch Fraser River Pedestrian Bridge project in the amount of $230,000. This project will require approximately $80,000 in funds from the General Fund, with additional funding to be provided from a pending grant application. • The budget for the Outdoor Activity Center (120 Zerex) has been reduced to reflect only ongoing carrying costs. This reduction results from the lease/partnership with Headwater Trails Alliance. • The Capital Asset Fund includes revenues and expenditures for the Fraser US 40 Highway Improvement Project (two traffic signals and highway widening at the south n of IC:: uIT ,,;er 11 ox `370,II 'aser, CO 80442offi,c e 970 726 5491 fax 970...726...55`18 side of the community). This project was included in the 2014 Budget, however, the project will not commence until 2015. Until 2014, Colorado Statutes provided that Planning Commissioners would serve without compensation. Fraser joined many other municipalities in recent years urging the legislature to allow for compensation given the time and commitment necessary to serve the community in this role. The legislature did make this change in 2014, accordingly, the 2015 Budget provides for compensation of Planning Commissioners (who also serve as the Town's Board of Zoning Adjustment and Appeals). Compensation is proposed at $50/meeting. Other lines include minor increases or decreases pursuant to recent and anticipated expenditure trends. Additionally, the Board directed staff to include the following in the 2015 workplan, though funding has not been appropriated: Seek grant funding for pedestrian enhancements around the Holiday Inn Express (intersection of US40 and CR804). Initiate work for 2016 ballot proposal regarding a street maintenance mill levy. This mill levy was approved by the voters in 1998 to provide funding for paving the community's streets. However, the mill levy does not provide funding necessary for maintenance of these streets. The mill levy sunsets when the debt is fully repaid, or no later than 2017. Funds The Town's Budget includes the following funds: • General Fund (GF), which provides for the general functions and services such as administration, planning, law enforcement, streets and properties. • Conservation Trust Fund (CTF), which is funded by lottery proceeds and provides for open space and recreational capital projects. • Capital Equipment Replacement Fund (CERF), which provides for vehicle and heavy equipment purchases. • Capital Asset Fund (CAF), which is intended to fund long term maintenance of capital assets (streets, buildings, parks, trails, etc). • Debt Service Fund (DSF), which provides for debt service payments. • Fraser River Enhancement Project (FREP) Fund, which was utilized for the Fraser River Enhancement Project to provide transparency and accountability for the project. • Water Fund (WF), an enterprise fund for the Town's water utility. • Wastewater Fund (WWF), an enterprise fund for the Town's wastewater utility. • Joint Facilities Fund (JFF) O&M and the Joint Facilities Fund CRR, both of which provide for operations and capital projects at the Wastewater Treatment Plant. n of IC:: uIT ,,;er 11 ox `370,II 'aser, CO 80442 offi,c e 970 726 5491 fax 970...726...55`1 1 www .7i nei,-cobi-ado corn Budget Process The budgeting process is continuous throughout the year, as we continually monitor revenues and expenses against the current adopted budget. Budget development for the following year begins mid -year in the offices of the Town Manager and Finance Manager as trends are identified and work plans for the current year are evaluated Around this time budget requests and proposals for the following year start to be identified and are submitted by department heads, the Town Board, and other outside entities. Formal discussions with the Town Board are typically initiated in August. While only one public hearing is required, the Town of Fraser hosts three public hearings to ensure that the community has ample opportunity to engage in this process. In 2014, the Town Board will conduct three hearings (November 5th, November 19th, and December 31d) The Town Budget is one of the most important matters considered by the Town Board that directly affects every resident, guest, business, and property owner within the community. Budget Basis The 2015 budget is prepared in accordance with the laws of the State of Colorado and has been prepared using the Modified Accrual basis of accounting. Under this method, the focus is on current financial resource measurement whereby revenues are recognized when they become both measurable and available (except for unmarred interest on long- term debt which is recognized when due). Measurable means the amount of the transaction that can be determined and available means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. The budgets for the enterprise funds are prepared using the accrual basis of accounting, meaning that revenues and expenses are recognized when they are earned or incurred. Thank you on behalf of the community! Mayor Smith and the Board of Trustees, as well as staff, appreciate the time, effort, and consideration invested by so many in this important process. n of IC:: uIT ,,;er Il3ox 370, II raser, CO 80442 office 970 726 fax 9...7...`1 www frasei-t;obi-ado corn Supplemental Lease/Purchase Information (Required by C.R.S. 29-1-103 (d) (II)) General Fund FroDo Property Year Principal Interest Total 2015 - 2018 $106,294 $85,575 2019 - 2023 $135,403 $56,466 2024 - 2028 $153,298 $19,386 Capital Equipment Replacement Fund Street Sweeper Year Principal Interest 2015 $42,014.94 $3,402.93 2016 $43,119.93 $2,297.94 2017 $44,254.00 $1,163.87 $191,869 $191,869 $172,684 Purchase Price $87,846.65 $44,414.11 $0 n of IC:: ra,,;e IT 11 ox `370,II 'aser, CO 80442offi,c e 970 726 5491 fax 970...726...55`18 TOWN OF FRASER GENERAL FUND REVENUE 10-31-100 10-31-200 10-31-300 10-31-400 10-31-410 10-31-420 10-31-430 10-31-800 10-32-100 10-32-110 10-33-100 10-34-100 10-34-110 10-34-120 10-34-130 10-34-150 10-34-740 10-34-750 10-35-100 10-35-200 10-36-100 10-36-300 10-36-500 10-36-600 10-36-610 10-36-620 10-36-900 RIBYADY 10-39-100 10-39-900 10-39-999 TAXES General Fund Property Tax Specific Ownership Tax Motor Vehicle Tax Town Sales Tax Use Tax - Building Materials Use Tax - Motor Vehicle Sales State Cigarette Tax Franchise Fees Sub -Total LICENSES & PERMITS Business License Fees Regulated Industry Fees/Taxes Sub -Total INTERGOVERNMENTAL Grants Sub -Total CHARGES FOR SERVICES Annexation Fees Zoning Fees Subdivision Fees Miscellaneous Planning Fees Affordable Housing Impact Fee Fees in Lieu of Park Land WTHP Revenue Sub -Total FINES & FORFEITURES Court Fines Police Dept. Sur -Charge Sub -Total MISCELLANEOUS REVENUE Interest Earnings Rental Income Sale of General Fixed Assets Reimbursable - Mustang Reimbursable - Prof Services Reimbursable - Night Shuttle Miscellaneous Revenue Sub -Total SPECIAL ASSESSMENTS Byers Vista SID Sub -Total OTHER SOURCES AND TRANSFERS Bond Proceeds Transfers in from Other Funds Carryover Balance Sub -Total GENERAL FUND TOTAL REVENUE EXPENDITURES TOWN BOARD 10-41-110 Salaries 10-41-220 FICA Tax 10-41-280 Training Programs 10-41-290 Travel, Meals and Lodging 10-41-295 Meals and Entertainment 10-41-690 Miscellaneous Expense 10-41-860 Grants and Aid to Agencies 10-41-861 Intergovernmental Agreements 10-41-862 Fraser/Winter Park Police Dept 10-41-863 Street Lighting and Signals 10-41-864 Special Events 10-41-865 Grand County Dispatch 10-41-866 Wood Stove Rebates 10-41-867 Chamber of Commerce - IGA 10-41-868 Winter Shuttle - IGA 10-41-869 Summer Shuttle - IGA 10-41-870 Business Dist StreetScape 10-41-871 Business Enhancement Programs 10-41-872 Improvement Awards -Business Sub -Total COLORADO STATE BUDGET REPORT 2012 2013 2014 2014 2015 Prior Year 2 Prior Year Current Year Current Year Adopted Actuals Actuals Budget Year -End Est. Budget 1,956,338 2,137,431 2,011,700 2,187,997 1,980,465 10,980 13,640 12,000 13,420 12,750 2,678 18,459 22,500 24,000 25,000 i 13,658 32,099 34,500 37,420 37,750 0 7,461 0 10,000 166,000 0 7,461 0 10,000 166,000 5,247 12,395 5,000 19,805 5,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 223,304 319,177 96,500 237,508 142,750 0 0 0 0 0 0 0 0 0 0 2,154,636 1,881,052 1,937,333 2,009,110 2,013,613 4,353,183 4,391,614 4,085,033 4,501,840 4,345,578 595,345 604,543 713,514 606,344 874,353 TOWN OF FRASER 10-60-110 ADMINISTRATION 10-45-110 Salaries 10-45-210 Health Insurance 10-45-220 FICA Tax 10-45-230 Retirement 10-45-250 Unemployment Tax 10-45-260 Workers Comp Claims 10-45-280 Training Programs 10-45-290 Travel, Meals and Lodging 10-45-295 Meals and Entertainment 10-45-305 Municipal Court Judge 10-45-310 Legal Fees 10-45-320 Audit Fees 10-45-330 Engineering Fees 10-45-360 Computers -Networks and Support 10-45-370 Other Professional Services 10-45-375 Reimbursable Prof Services 10-45-380 Janitorial Services 10-45-385 Treasurer's Fees 10-45-390 Abatement Fees 10-45-395 Recording Fees 10-45-410 Bank Charges 10-45-420 Elections 10-45-430 Insurance - All Departments 10-45-440 Advertising 10-45-490 Professional Memberships 10-45-500 Operating Supplies 10-45-510 Equipment Purchase and Repair 10-45-550 Postage 10-45-560 Utilities -Telephone 10-45-561 Utilities - Natural Gas 10-45-562 Utilities - Electricity 10-45-569 Utilities - Trash Removal 10-45-670 Prop Mgmt - 117 Eisenhower Dr 10-45-671 Prop Mgmt - 105 Fraser Ave 10-45-672 Prop Mgmt - 10-45-673 Prop Mgmt - 153 Fraser Ave 10-45-674 Prop Mgmt - 200 Eisenhower Dr 10-45-675 Prop Mgmt - 216 Eisenhower Dr 10-45-676 Prop Mgmt - 400 Doc Susie Ave 10-45-690 Miscellaneous Expense 10-45-695 Bad Debt Write -Off 10-45-730 Capital Projects 10-45-740 Capital Purchases 10-45-810 Lease/Purchase - Principal 10-45-820 Lease/Purchase - Interest Sub -Total PUBLIC WORKS 10-60-110 Salaries 10-60-210 Health Insurance 10-60-220 FICA Tax 10-60-230 Retirement 10-60-250 Unemployment Tax 10-60-260 Workers Comp Claims 10-60-280 Training Programs 10-60-290 Travel, Meals and Lodging 10-60-295 Meals and Entertainment 10-60-330 Engineering Fees 10-60-360 Computer Network Support 10-60-370 Other Professional Services 10-60-380 Janitorial Services 10-60-470 Contract Grounds Maintenance 10-60-475 Contract Snow Removal 10-60-480 Equipment Rental 10-60-490 Professional Memberships 10-60-500 Operating Supplies 10-60-506 Plants/Planter Supplies 10-60-510 Equipment Purchase and Repair 10-60-560 Utilities - Telephone 10-60-561 Utilities - Natural Gas 10-60-562 Utilities - Electricity 10-60-569 Utilities - Trash Removal 10-60-670 Prop Mgmt - 125 Fraser Ave 10-60-671 Prop Mgmt - Clayton Ct Parcel COLORADO STATE BUDGET REPORT 2012 2013 2014 2014 2015 Prior Year 2 Prior Year Current Year Current Year Adopted Actuals Actuals Budget Year -End Est. Budget 740,563 777,442 766,652 849,185 908,889 TOWN OF FRASER 10-60-672 Prop Mgmt - Elk Crk Wetlands 10-60-673 Prop Mgmt - Fraser River Trail 10-60-674 Prop Mgmt - Hwy 40 Pedestrian 10-60-675 Prop Mgmt - Koppers Park 10-60-676 Prop Mgmt - Old SchlHouse Pk 10-60-677 Prop Mgmt - Planning Area 28 10-60-678 Prop Mgmt - OutdoorActivityCtr 10-60-679 Prop Mgmt - School Bus Garage 10-60-680 Prop Mgmt - Gardner Shed 10-60-681 Prop Mgmt - Cozens Ranch Park 10-60-682 Prop Mgmt - Amtrak Station 10-60-683 Prop Mgmt - Ptarmigan OS 10-60-684 Prop Mgmt - FRODO 10-60-685 Mountain Man Park 10-60-686 Goranson Station 10-60-690 Miscellaneous Expense 10-60-695 Fraser Mustang 10-60-725 Street Improvements 10-60-730 Capital Projects 10-60-740 Capital Purchases 10-65-730 Sub -Total •11j0•z 101:LC9311►411rdla40r11=1:7 10-65-110 Salaries 10-65-210 Health Insurance 10-65-220 FICA Tax 10-65-230 Retirement 10-65-250 Unemployment Tax 10-65-260 Workers Comp Claims 10-65-280 Training Programs 10-65-290 Travel, Meals and Lodging 10-65-295 Meals and Entertainment 10-65-370 Other Professional Services 10-65-380 Janitorial Services 10-65-490 Professional Memberships 10-65-500 Operating Supplies 10-65-510 Equipment Purchase and Repair 10-65-560 Utilities - Telephone 10-65-561 Utilities - Natural Gas 10-65-562 Utilities - Electricity 10-65-665 WTHP Expenses 10-65-670 Prop Mgmt - 120 Zerex 10-65-690 Miscellaneous Expense 10-65-730 Capital Projects 10-65-740 Capital Purchases Sub -Total TRANSFERS 10-90-920 Transfer to CERF - Police Dept 10-90-930 Transfer to CERF - PublicWorks 10-90-935 Transfer to CAF 10-90-940 Transfer to Debt Service Fund 10-90-950 Transfer to Water Fund 10-90-960 Transfer to FREP 10-90-970 Transfer to Long Term Savings 10-90-980 Transfer to Petersen Trust 10-90-995 Salaries Clearing 10-90-996 FICA Tax Clearing 10-90-997 Unemployment Tax Clearing Sub -Total FISCAL AGENT 10-95-110 Salaries 10-95-210 Health Insurance 10-95-220 FICA Tax 10-95-230 Retirement 10-95-250 Unemployment Tax 10-95-260 Workers Comp Claims Sub -Total GENERAL FUND EXPENDITURE TOTALS GENERAL FUND REVENUE TOTALS GENERAL FUND EXPENDITURE TOTALS GENERAL FUND REVENUE OVER EXPENDITURES COLORADO STATE BUDGET REPORT 2012 2013 2014 2014 2015 Prior Year 2 Prior Year Current Year Current Year Adopted 739,809 668,434 915,540 777,865 1,309,126 9,479 9,474 26,500 17,460 13,135 408,440 322,610 247,373 247,373 296,550 0 0 0 0 0 2,493,632 2,382,503 2,669,579 2,498,227 3,402,053 4,353,184 4,391,614 4,389,615 4,501,840 4,345,578 2,493,632 2,382,503 2,669,579 2,498,227 3,402,053 1,859,552 2,009,111 1,415,455 2,003,613 943,525 TOWN OF FRASER CONSERVATION TRUST FUND REVENUE 20-30-100 Cons Trust (Lottery) Proceeds 20-30-800 Interest Earnings 20-30-999 Carryover Balance Sub -Total EXPENDITURES 20-40-410 Bank Charges 20-40-650 Cons Trust Program Expenses 20-40-910 Transfer to General Fund 20-40-920 Transfer to Other Funds 30-30-900 Sub -Total CTF REVENUES OVER EXPENDITURES iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillillillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillilI CAPITAL EQUIP REPLACEMENT FUND REVENUES Public Safety Fleet Purchase 30-30-100 Hwy Use Tax Proceeds 30-30-500 Sale of CERF Assets 30-30-800 Interest Earnings 30-30-900 Transfer from G/F - PoliceDept 30-30-910 Transfer from G/F - PublicWork 30-30-920 Transfer from Utility Funds 30-30-999 Carryover Balance 32-40-920 Sub -Total EXPENDITURES 30-40-745 Public Safety Fleet Purchase 30-40-750 Regular Fleet Purchase 30-40-755 Heavy Equipment Purchase 30-40-810 Lease/Purchase - Principal 30-40-820 Lease/Purchase - Interest 30-40-910 Transfer to General Fund 32-30-950 Sub -Total CERF REVENUES OVER EXPENDITURES iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillillillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillI CAPITAL ASSET FUND REVENUE Capital Proj- Streets Existing 32-30-100 Reserved for Future Use 32-30-500 Sale of Capital Assets 32-30-800 Interest Earnings 32-30-910 Transfer in from General Fund 32-30-940 Transfer in from DSF 32-30-950 Transfer in from Water Fund 32-30-999 Carryover Fund Balance 32-40-920 Sub -Total EXPENDITURES 32-40-810 Capital Proj- Streets Existing 32-40-815 Capital Proj - Streets New 32-40-820 Capital Proj - Buildings Exist 32-40-825 Capital Proj - Buildings New 32-40-830 Capital Proj - Parks/OS Exist 32-40-835 Capital Proj - Parks/OS New 32-40-900 Transfer to General Fund 32-40-910 Transfer to CAF Res - Streets 32-40-920 Transfer to CAF Res - Bldgs 32-40-930 Transfer to CAF Res - Parks/OS Sub -Total CAF REVENUES OVER EXPENDITURES COLORADO STATE BUDGET REPORT 2012 2013 2014 2014 2015 Prior Year 2 Prior Year Current Year Current Year Adopted Actuals Actuals Budget Year -End Est. Budget 31,215 22,393 6,512 6,899 13,414 15,337 21,500 0 0 10,000 15,877 893 6,512 6,899 3,414 564,119 593,183 534,913 535,288 530,174 36,188 122,597 95,418 70,453 203,418 527,931 470,586 439,495 464,835 326,757 309,590 290,261 2,250,005 844,006 2,138,038 269,524 186,377 2,250,000 176,218 2,138,038 40,066 103,884 5 667,788 0 COLORADO STATE BUDGET REPORT TOWN OF FRASER 2012 2013 2014 2014 2015 Prior Year 2 Prior Year Current Year Current Year Adopted Actuals Actuals Budget Year -End Est. Budget iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillilillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliilillilI FREP FUND FREP FUND REVENUES 0 0 0 0 0 FREP FUND EXPENDITURES 0 0 0 0 0 FREP FUND REVENUES OVER EXPENDITURES 0 0 0 0 0 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillI DEBT SERVICE FUND REVENUE 40-30-100 Property Tax 40-30-200 Specific Ownership Tax 40-30-500 Bond Proceeds 40-30-800 Interest Earnings 40-30-910 Tran sferin from General Fund 40-30-990 Transfer in from DSF Reserves 40-30-999 Carryover Balance Sub -Total 507,279 506,862 330,623 331,668 329,800 EXPENDITURES 40-40-385 Treasurer's Fees GO Bond 1,604 1,602 2,000 2,000 2,000 40-40-390 Abatements - GO Bond 0 0 0 0 0 40-40-500 Cost of Issuance 0 0 0 0 0 40-40-550 Underwriters Discount 0 0 0 0 0 40-40-810 Bond Principal - 02 S&U Issue 20,000 25,000 25,000 25,000 25,000 40-40-811 Bond Principal - 98 GO Issue 40,000 40,000 40,000 40,000 45,000 40-40-812 Bond Principal - 98 S&U Issue 155,000 160,000 170,000 170,000 180,000 40-40-820 Bond Interest - 02 S&U Issue 9,476 8,338 7,013 7,013 5,638 40-40-821 Bond Interest - 98 GO Issue 13,975 11,825 9,676 9,676 7,526 40-40-822 Bond Interest - 98 S&U Issue 62,775 54,270 45,360 45,360 35,910 40-40-850 Bond Agent Fees 1,342 1,342 2,500 2,350 3,000 40-40-910 Transfer to DSF Reserves 0 0 29,074 30,269 25,726 40-40-920 Transfer to Other Funds 175,000 175,000 0 0 0 Sub -Total 479,172 477,389 330,623 331,668 329,800 DEBT SERVICE REVENUES 507,280 506,862 330,623 331,668 329,800 DEBT SERVICE EXPENDITURES 479,171 477,389 330,623 331,668 329,800 DEBT SERVICE REVENUES OVER EXPENDITURES 28,108 29,473 0 0 0 WATER FUND REVENUES TAXES 50-31-100 Property Tax 0 0 0 0 0' 50-31-200 Fraser Firming Revenue 0 0 50,000 50,000 Sub -Total 0 0 50,000 50,000 0 LICENSES & PERMITS 50-32-100 Excavation Permit Fees 550 550 200 275 275 Sub -Total 550 550 200 275 275 CHARGES FOR SERVICES 50-34-100 Customer Service Charges 612,704 662,002 722,080 724,463 760,040 50-34-150 Penalties & Interest 9,320 6,080 1,000 2,550 1,000 50-34-200 Plant Investment Fees 0 6,000 8,000 0 15,400 50-34-300 Water Meter Sales 2,980 16,834 500 14,890 2,000 Sub -Total 625,004 690,917 731,580 741,903 778,440 MISCELLANEOUS REVENUE 50-36-100 Interest Earnings 1,378 929 1,000 1,120 800 50-36-900 Miscellaneous Revenue 3,168 11,817 2,500 4,200 2,500 Sub -Total 4,546 12,746 3,500 5,320 3,300 OTHER SOURCES & TRANSFERS 50-39-100 Debt Service Proceeds 0 0 0 0 0' 50-39-200 Grants and Aid from Agencies 0 0 0 25,000 25,000 50-39-910 Transfers In 0 0 0 0 50,000 50-39-999 Carryover Balance 415,243 422,680 438,348 573,820 720,401 Sub -Total 415,243 422,680 438,348 598,820 795,401 WATER FUND TOTAL REVENUE 1,045,343 1,126,893 1,223,628 1,421,318 1,577,416 TOWN OF FRASER EXPENDITURES 50-40-110 Salaries 50-40-210 Health Insurance 50-40-220 FICA Tax 50-40-230 Retirement 50-40-250 Unemployment Tax 50-40-260 Workers Comp Claims 50-40-280 Training Programs 50-40-290 Travel, Meals and Lodging 50-40-295 Meals and Entertainment 50-40-300 Administrative Reimbursement 50-40-310 Legal Fees 50-40-330 Engineering Fees 50-40-360 Computers -Networks and Support 50-40-370 Other Professional Services 50-40-385 Treasurer's Fees 50-40-390 Abatements 50-40-410 Bank Charges 50-40-430 Insurance 50-40-440 Advertising 50-40-460 System Repair and Maint - Prod 50-40-465 System Repair and Maint - Dist 50-40-490 Professional Memberships 50-40-500 Operating Supplies -Production 50-40-505 Operating Supplies-Distrib 50-40-510 Equipment Purchase and Repair 50-40-520 Testing 50-40-550 Postage & Billing Supplies 50-40-560 Utilities - Telephone 50-40-562 Utilities - Electricity 50-40-670 Prop Mgmt - Fraser WTP 50-40-680 Prop Mgmt - Maryvale WTP 50-40-685 Prop Mgmt - St. Louis Headgate 50-40-690 Miscellaneous Expense 50-40-695 Bad Debt Write Off 50-40-715 Water Rights - Diversion & Dev 50-40-730 Capital Projects 50-40-740 Capital Purchases 50-40-760 Fraser Firming - CapProj 50-40-770 PIF - Capital Purchases 50-40-780 Capitalized Assets - Audit 50-40-790 Depreciation 50-40-810 Debt Service - Principal 50-40-820 Debt Service - Interest 50-40-850 Debt Service - Agent Fees 50-40-910 Transfer to General Fund 50-40-930 Transfer to CERF 50-40-970 Transfer to Reserves 50-40-980 Transfer to Metro Districts 50-40-990 Transfer to Wastewater Fund Sub -Total WATER FUND REVENUES WATER FUND EXPENDITURES WATER FUND REVENUES OVER EXPENDITURES WASTEWATER FUND REVENUES 2012 2013 2014 2014 TAXES Current Year Current Year Sub -Total Budget Year -End Est. LICENSES & PERMITS 55-32-100 Excavation Permit Fees Sub -Total CHARGES FOR SERVICES 55-34-100 Customer Service Charges 55-34-150 Penalties & Interest 55-34-200 Plant Investment Fees 55-34-999 Contributed Assets Sub -Total COLORADO STATE BUDGET REPORT 2012 2013 2014 2014 Prior Year 2 Prior Year Current Year Current Year Actuals Actuals Budget Year -End Est. 2015 Adopted Budget 624,551 555,608 1,035,053 675,918 1,567,708 1,045,343 1,126,893 1,223,628 1,396,318 1,577,416 624,551 555,608 1,035,053 675,918 1,567,708 420,792 571,285 188,574 720,401 9,708 0 0 0 0 0 0 0 0 325 0 625,068 799,503 687,556 799,510 653,184 TOWN OF FRASER EXPENDITURES 55-40-110 MISCELLANEOUS REVENUE 55-36-100 Interest Earnings 55-36-500 JFF Management Fee 55-36-900 Miscellaneous Revenue 55-40-250 Sub -Total 55-40-260 OTHER SOURCES & TRANSFERS 55-39-100 Debt Service Proceeds 55-39-200 Grants and Aid from Agencies 55-39-910 Transfer in from General Fund 55-39-999 Carryover Balance 55-40-330 Sub -Total 55-40-360 WASTEWATER FUND TOTAL REVENUE EXPENDITURES 55-40-110 Salaries 55-40-210 Health Insurance 55-40-220 FICA Tax 55-40-230 Retirement 55-40-250 Unemployment Tax 55-40-260 Workers Comp Claims 55-40-280 Training Programs 55-40-290 Travel, Meals and Lodging 55-40-295 Meals and Entertainment 55-40-310 Legal Fees 55-40-330 Engineering Fees 55-40-360 Computers -Networks and Support 55-40-370 Other Professional Services 55-40-410 Bank Charges 55-40-430 Insurance 55-40-440 Advertising 55-40-460 System Repair and Maint-Collec 55-40-490 Professional Memberships 55-40-500 Operating Supplies -Collections 55-40-510 Equipment Purchase and Repair 55-40-520 Testing 55-40-550 Postage & Billing Supplies 55-40-560 Utilities - Telephone 55-40-650 WW Treatment Charges/JFOC 55-40-660 JFF CapRepl Reserve 55-40-670 JFF O&M Reserve 55-40-690 Miscellaneous Expense 55-40-695 Bad Debt Write Off 55-40-730 Capital Projects 55-40-740 Capital Purchases 55-40-760 PIF - Capital Projects 55-40-770 PIF - Capital Purchases 55-40-780 Capitalized Assets - Audit 55-40-790 Depreciation 55-40-810 Debt Service - Principal 55-40-820 Debt Service - Interest 55-40-850 Debt Service - Agent Fees 55-40-910 Transfer to General Fund 55-40-930 Transfer to CERF 55-40-970 Transfer to O&M Reserves 55-40-990 Transfer to Water Fund Sub -Total WASTEWATER FUND REVENUES WASTEWATER FUND EXPENDITURES WASTEWATER FUND REVENUES OVER EXPENDITURES JOINT FACILITIES FUND - O&M REVENUE 273 2012 2013 MEMBER REIMBURSEMENTS 40-30-100 Interest - O&M Accounts 40-30-200 O&M Reimbursement - WPR 40-30-205 Capital Reimbursement - WPR 40-30-210 O&M Reimbursement - GC#1 40-30-215 Capital Reimbursement - GC#1 40-30-220 O&M Reimbursement - TOF 40-30-225 Capital Reimbursement - TOF COLORADO STATE BUDGET REPORT 273 2012 2013 2014 2014 Prior Year 2 Prior Year Current Year Current Year Actuals Actuals Budget Year -End Est. 2015 Adopted Budget 33,247 37,674 31,500 32,050 32,000 2,156,033 2,373,791 2,624,986 2,699,802 2,968,217 2,814,348 3,210,968 3,344,042 3,531,687 3,653,401 440,557 505,089 725,493 563,470 1,042,936 2,814,348 3,210,968 3,344,042 3,531,687 3,653,401 440,557 505,089 725,493 563,470 1,042,936 2,373,791 2,705,879 2,618,549 2,968,217 2,610,466 486 273 400 325 300 167,349 175,991 235,827 183,837 242,567 0 0 0 0 0 265,543 280,938 376,180 293,249 386,932 0 0 0 0 0 145,085 153,230 204,002 159,029 209,833 0 0 0 0 0 JOINT FACILITES FUND O&M TOTAL REVENUE 803,727 802,139 1,010,525 832,204 1,035,721 PLANT EXPENDITURES 40-85-110 Salaries COLORADO STATE BUDGET REPORT 166,496 192,326 172,000 TOWN OF FRASER 40-85-210 Health Insurance 32,082 34,082 50,400 39,256 56,448 40-85-220 2012 2013 2014 2014 2015 15,890 40-85-230 Prior Year 2 Prior Year Current Year Current Year Adopted 8,309 40-85-250 Actuals Actuals Budget Year -End Est. Budget 40-30-230 Study Reimbursement - WP 2,361 0 0 0 0 40-30-235 Study Reimbursement - Granby 2,361 0 0 0 0 40-30-500 Sale of General Fixed Assets 0 0 0 0 0 40-30-900 Miscellaneous Revenue 2,037 2,381 2,000 3,785 0 500 Sub -Total 585,222 612,813 818,409 640,225 839,632 5,000 OTHER SOURCES AND TRANSFERS Audit Fee 3,900 3,981 5,000 4,075 40-30-930 Transfer In From Cap Project 0 0 0 0 0 40-30-980 Capitalized Reimbursements 0 0 0 0 0 40-30-999 Carryover Balance 218,505 189,326 192,116 191,979 196,089 65,000 Sub -Total 218,505 189,326 192,116 191,979 196,089 JOINT FACILITES FUND O&M TOTAL REVENUE 803,727 802,139 1,010,525 832,204 1,035,721 PLANT EXPENDITURES 40-85-110 Salaries 161,551 166,496 192,326 172,000 207,713 40-85-210 Health Insurance 32,082 34,082 50,400 39,256 56,448 40-85-220 FICA Tax 11,596 11,874 14,713 13,158 15,890 40-85-230 Retirement 4,906 6,660 7,693 6,800 8,309 40-85-250 Unemployment Tax 485 500 577 516 623 40-85-260 Workers Comp Claims 180 0 0 0 0 40-85-280 Training Programs 653 515 3,000 1,000 3,000 40-85-290 Travel - Meals and Lodging 576 654 2,500 1,200 3,500 40-85-295 Meals - Local Business 15 0 200 200 500 40-85-310 Legal Fees 154 0 5,000 5,500 5,000 40-85-320 Audit Fee 3,900 3,981 5,000 4,075 4,750 40-85-330 Engineering Fees 4,043 4,904 15,000 5,000 15,000 40-85-340 Financial Services 0 0 0 0 0 40-85-350 Sludge Removal 22,267 40,040 65,000 43,500 65,000 40-85-370 Professional Services 2,784 2,832 20,000 4,000 10,000 40-85-375 Reimbursable Prof Services 6,015 0 1,000 0 1,000 40-85-410 Bank Charges 0 0 100 0 100 40-85-430 Insurance - Plant 24,588 30,150 35,000 24,200 32,000 40-85-440 Advertising 90 367 500 100 500 40-85-460 Plant Maintenance and Repair 26,956 39,067 40,000 40,000 50,000 40-85-475 Grounds Maintenance 1,078 81 2,000 500 2,500 40-85-480 Equipment Rental 0 0 500 100 500 40-85-490 Professional Memberships 72 79 500 360 500 40-85-500 Operating Supplies 5,198 4,045 20,000 10,000 20,000 40-85-506 Operating Supplies - Chemicals 74,082 79,034 85,000 38,000 75,000 40-85-510 Equipment Purchase and Repair 9,188 1,332 20,000 15,000 20,000 40-85-520 Testing 41,004 36,224 55,000 45,000 65,000 40-85-525 Permits 8,811 6,265 10,000 1,000 10,000 40-85-550 Postage 0 0 0 0 0 40-85-560 Utilities - Telephone 2,750 2,959 5,500 3,200 3,500 40-85-562 Utilities - Electricity 124,444 125,186 140,000 146,250 145,000 40-85-565 Utilities - Natural Gas 3,417 3,899 6,000 4,200 6,500 40-85-567 Utilities - Plant Generator 1,802 0 2,500 2,000 500 40-85-569 Utilities - Trash Removal 1,618 1,618 3,500 2,500 2,500 40-85-650 Vehicle Expenses 5,504 6,546 6,500 6,500 7,500 40-85-690 Miscellaneous Expense 891 770 1,000 1,000 1,000 40-85-730 Capital Projects 0 0 0 0 0 40-85-740 Capital Purchases 0 0 0 0 0 40-85-750 Contingency 0 0 0 0 0 40-85-810 Lease/Purchase - Principal 0 0 0 0 0 40-85-820 Lease/Purchase - Interest 0 0 0 0 0 40-85-930 Capital Reserve Projects 0 0 0 0 0 Sub -Total 582,699 610,160 816,009 636,115 839,332 Joint Facilities Fund Revenues 803,727 802,139 1,010,525 832,204 1,035,721 Joint Facilities Fund Expenditures 582,699 610,160 816,009 636,115 839,332 Joint Facilities Fund Revenues over Expenditure 221,028 191,979 194,516 196,089 196,389 JOINT FACILITIES FUND - CRR REVENUES 47-30-100 Interest Income - CRR Accounts 25,343 16,096 15,000 13,550 12,000 47-30-110 Interest Income - CIP Accounts 0 0 0 0 0 47-30-210 CRR Reimbursable - WPR 0 0 0 0 0 47-30-215 CIP Reimbursable - WPR 0 0 0 0 0 47-30-220 CRR Reimbursable - GC#1 0 0 0 0 0 47-30-225 CIP Reimbursable - CG#1 0 0 0 0 0 47-30-230 CRR Reimbursable - TOF 0 0 0 0 0 47-30-235 CIP Reimbursable - TOF 0 0 0 0 0 47-30-800 Sale of JFOC Fixed Assets 0 0 0 0 0 COLORADO STATE BUDGET REPORT TOWN OF FRASER 2012 2013 2014 2014 2015 Prior Year 2 Prior Year Current Year Current Year Adopted Actuals Actuals Budget Year -End Est. Budget 47-30-900 Miscellaneous Revenue 0 0 0 0 0 47-30-990 CRR Carryover Balance 2,612,245 2,598,184 2,396,684 2,393,842 1,879,684 47-30-999 CIP Carryover Balance 0 0 0 0 0 Sub -total 2,637,588 2,614,280 2,411,684 2,407,392 1,891,684 EXPENDITURES CAPITAL REPLACEMENT RESERVE PROJECTS 47-60-370 Engineering, Legal and Other Prof. Services 76 0 0 40,000 0 47-60-730 CRR Projects 10,777 0 248,000 52,000 25,700 CAPITAL IMPROVEMENTS PROJECTS 47-65-370 Engineering, Legal and Other Prof. Services 15,608 1,449 0 0 0 47-65-730 CIP Projects 7,378 218,989 134,000 1,000 145,000 CAPITAL PURCHASES 47-69-740 Capital Purchases 5,565 0 150,000 135,000 0 Sub -total 39,404 220,438 532,000 228,000 170,700 Joint Facilites Fund CRR Revenues 2,637,588 2,614,280 2,411,684 2,407,392 1,891,684 Joint Facilites Fund CRR Expenditures 39,404 220,438 532,000 228,000 170,700 Joint Facilites Fund CRR Revenues over Expenditures 2,598,184 2,393,842 1,879,684 2,179,392 1,720,984 ARTICLE 7 Retail Marijuana Businesses Sec. 6-7-10. Definitions. (a) As used in this Article, the following words shall have the following meanings unless the context clearly requires otherwise: 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. RM Code means the Colorado Retail Marijuana Code, Section 12-43.4-101, et seq., C.R.S. RM Regulations means the Rules Regarding Retail Marijuana, 1 C.C.R. § 212-2, as adopted by the Retail Marijuana Enforcement Division of the Colorado Department of Revenue, and any amendments thereto. (b) The terms defined in the RM Code and RM Regulations shall have the same meaning when used in this Article unless the context clearly requires otherwise. (Ord. 417 Part 1.1, 2014) Sec. 6-7-20.Store license required; prohibited operations. (a) It is unlawful for any person to own or operate a retail marijuana store within the Town 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. (Ord. 417 Part 1.1, 2014) Sec. 6-7-30.1-ocal licensing authority. (a) The Board of Trustees shall be the Local Licensing Authority for the licensing of retail marijuana stores pursuant to this Article unless the Board of Trustees 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 6-1 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. (Ord. 417 Part 1.1, 2014) Sec. 6-7-40. 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 (1,000) feet of any educational institution or school, either public or private; b. Within five hundred (500) feet of any existing retail or medical marijuana business; or c. Within two hundred (200) feet of any existing licensed child care facility at the 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 locational 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 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. (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 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 Town 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. (Ord. 417 Part 1.1, 2014) Sec. 6-7-50. Excise tax. (a) A tax is imposed upon all retail sales of retail marijuana and retail marijuana products sold within the Town by licensed retail marijuana stores at the rate of five percent (5%) 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 Subsection 4-3-50(a) of this Code shall apply to the collection and enforcement of the retail marijuana excise tax imposed by this Section. The Town Manager 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. (Ord. 417 Part 1.1, 2014) 6-3 Sec. 6-7-60.Appiication 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 Article 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 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. (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 Article shall be valid for a period of one (1) year from the date of issuance and may be reneweMM d 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 fees 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 6-7-70 to 6-7-90 below 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 6-7-30(b) of this Article, 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. (Ord. 417 Part 1.1, 2014) Sec. 6-7-70. 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, 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 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 (5) 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 (5) 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. (Ord. 417 Part 1.1, 2014) 6-5 Sec. 6-7-80. 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 (30) days after the date of the application. The Local Licensing Authority shall post and publish public notice thereof not less than ten (10) 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 the County. (b) Public notice given by posting shall include a sign of suitable material, not less than twenty-two (22) inches wide and twenty-six (26) inches high, composed of letters not less than one (1) 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. (Ord. 417 Part 1.1, 2014) Sec. 6-7-90.lssuance or denial of license. (a) Not less than five (5) 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 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 (30) days after the public hearing or completion of the application investigation, the 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. ir% (e) After approval of an application, the 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 Article, and then only after the Local Licensing Authority 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. (Ord. 417 Part 1.1, 2014) Sec. 6-7-100. 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 and 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. (Ord. 417 Part 1.1, 2014) Sec. 6-7-110.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 that 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 6-7-80 of this Article on the licensed premises for a period of ten (10) days and provided notice of the hearing to the applicant at least ten (10) 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. (Ord. 417 Part 1.1, 2014) Sec. 6-7-120.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 (1) 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 licensing authority 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) above, 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 (6) months. If a license is suspended or revoked, a part of the fees paid therefor 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 Section 24- 4-104(4), C.R.S. (d) Whenever a decision of the Local Licensing Authority suspending a license for fourteen (14) 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 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 (2) 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 ($500.00) nor more than one hundred thousand dollars ($100,000.00). (f) Payment of a fine shall be in the form of cash, a certified check or a cashier's check made payable to the Local Licensing Authority. (g) Upon payment of the fine pursuant to Subsection (c) above, the Local Licensing Authority shall enter its further order permanently staying the imposition of the suspension. (Ord. 417 Part 1.1, 2014) Sec. 6-7-130. 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 -P 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. (Ord. 417 Part 1.1, 2014) MEMO TO: Mayor Smith and the Board of Trustees FROM: Lu Berger, Town Clerk DATE: December 3, 2014 SUBJECT: Growhouse Fraser Retail Marijuana Center License Application MATTER BEFORE BOARD: The Fraser Town Board serves as the Retail Marijuana Local Licensing Authority and Growhouse Fraser LLC has submitted an application to open a Retail Marijuana Center (RMC) at 535 Zerex St, Suite B 203. ACTION REQUESTED: Motion to Approve Resolution 2014-12-13 a Resolution of the Fraser Board of Trustees, Acting as the Local Retail Marijuana Licensing Authority for the Town of Fraser, Approving the Application of Growhouse Fraser LLC, for a Retail Marijuana Center License for the Premises at 535 Zerex St, Suite B 203, Fraser, Colorado BACKGROUND: A RMC license application was received in my office on September 15, 2014 Growhouse Fraser, LLC, 11100 W 8th Ave, Suite 100, Lakewood, CO 80215 dba; Growhouse Fraser, 535 Zerex St, Suite B 203, Fraser, CO 80442 The Notice of Public Hearing on this matter was posted on the premises on Thursday, November 21, 2014 at least 10 days prior to the hearing, and that the publication of the hearing was published in a newspaper of general circulation beginning on November 13 thru November 27, 2014, at least 10 days prior to the Public Hearing. The license application is complete, including all payment of fees. The applicant had requested a concurrent review and the State has approved the application. Based on Chapter 6 Article 7 of the Fraser Town Code the applicant has met the criteria regarding limitations and requirements to retail marijuana stores. All application requirements have been met, and a background check by the Fraser/Winter Park Police Department found no negative information. All publications were printed in a newspaper of general circulation within the County and the property was properly posted. �own of Fraser I1�10 Box 370, Fraser, 80442 office 970 726-5491 fax 97e-726-551 rnrrn w f asercdorado.com Within thirty (30) days after the public hearing or completion of the application investigation, the Local Licensing Authority shall issue its decision approving or denying an application for local licensure. ALTERNATIVES: The alternative to approving the RMC license would be denial, however, based on current Colorado and local RMC regulations, it appears that Growhouse Fraser has met the criteria required to be granted a RMC license, subject to the information presented at the hearing and the Board's review of the application. RECOMMENDATION: I would recommend approval based on the criteria referenced in the Findings of Fact and the conditions referenced in the Resolution 2014-12-03; o Compliance with all applicable state requirements; o Satisfactory completion of any and all alterations and improvements to the licensed premise required to comply with the Fraser building and development codes, and state and local retail marijuana regulations; o Payment of all license and other applicable fees. �own of Fraser I1�10 Box 370, Fraser, 80442 office 970 726-5491 fax 97e-726-551 rnrrn w f asercdorado.com r/` NEW LICENSE r TRANSFER OF OWNERSHIP APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) 1. Applicant is applying as a % r Corporation Limited Liability Company I- Partnership (includes Limited Liability and Husband F Association or Other and Wife Partnerships) r- Individual 2. Applicant If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation rein NumBer CI c li) `t.t T�,'a S..tn/ LL fi za. i raae Name of Establishment (DBA) State Sales Tax No. Business Telep one 3. Address of Premises (specify exact location of premises) City County State ZIP Code Ltb -z- 4. Mailing Address (Number and Strye_et) City or Town State ZIP Code NONREFUNDABLE APPLICATION FEES F dApplication Fee for New License by an Existing Medical Marijuana Business Owner...........................$250.00* r - /Application Fee for New License........................................................................................................$2,500.00* r- Application Fee for Transfer of ownership ........................................... ..................$2,500.00* ............................. * Plus reimbursement of any additional fees or expenses incurred by the Town and/or reimbursement of any Town expenses incurred in excess of this amount. RETAIL MARIJUANA LICENSE FEES r-"*" Annual Operating Fee..........................................................................................................................$500.00* I" Change of location application fee .................................. I`" Modification of premises application .................................. ............................................................$700.00 ....................................................... $700.00 I- Change of corporate structure/officers/directors/(for each owner/ officer/director added)............................................................................................................................$500.00 Manager registration (if not an owner)....................................................................................................$500.00 * Plus reimbursement of any additional fees or expenses incurred by the Town and/or reimbursement of any Town expenses incurred in excess of this amount. APPLICATION"age 2 DOCUMENTS CHECKLIST AND WORKSHEET Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed.Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. ITEMS SUBMITTED, PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED I. APPLICANT INFORMATION r/ A. Applicant/Licensee identified. I— B. Copy of State of Colorado Retail Marijuana License Application. F/C. License type or other transaction identified. I� D. Return originals to local authority. j� E. Additional information may be required by the local licensing authority. 11. DIAGRAM OF THE PREMISES WA. No larger than 8 1/2" X 11". F/B. Dimensions included (doesn't have to be to scale). Exterior areas should show control (fences, walls, etc.). 'N11C. Separate diagram for each floor (if multiple levels). 111. PROOF OF PROPERTY POSSESSION F" A. Deed in name of the Applicant ONLY (or) 71 B. Lease in the name of the Applicant ONLY. F C. Lease Assignment in the name of the Applicant (ONLY) with proper consent from the Landlord and acceptance by the Applicant. D. Other Agreement if not deed or lease. IV- CORPORATE APPLICANT INFORMATION (If Applicable) F A. Certificate of Incorporation (and/or) F- B. Certificate of Good Standing if incorporated more than 2 years ago. F D. List of officers, directors and stockholders of parent corporation (designate 1 person as "principal officer"). V. PARTNERSHIP APPLICANT INFORMATION (If Applicable) I F- A. Partnership Agreement (general or limited). Not needed if husband and wife. • LIMITED LIABILITY COMPANY APPLICANT INFORMATION (If Applicable) F --/A. Copy of articles of organization (date stamped by Colorado Secretary of State's Office). j k"B. Copy of operating agreement. C. Certificate of Authority (if foreign company). VII. MANAGER REGISTRATION INFORMATION WHEN INCLUDED WITH THIS (- A. $500.00 fee. TION Page 3 19. If applicant is a corporation, partnership, association or limited liability company, applicant must list ALL OFFICERS, DIRECTORS, GENERAL PARTNERS, AND MANAGING MEMBERS. ALL PERSONS LISTED BELOW must submit finger print cards to their local authority. NAME HOME ADDRESS. CITY & STATE DOR POSITION istered Agent (if applicable) Title Address for Service \\\ She. l Date Date applic n filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application.) THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS: That each person required to has: Yes No FBeen fingerprinted.......................................................... .................................................................. F F (— Been subject to background investigation, including NCIC/CCIC check for outstanding warrants r F F That the local authority has conducted, or intends to conduct, an inspection of the proposed F F premises to ensure that the applicant is in compliance with, and aware of, liquor code provisions affecting their class of license (Check One) 17- Date of Inspection or Anticipated Date F j r— Upon approval of state licensing authority. F- r— The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted will meet the zoning regulations of the neighborhood and will comply with the provisions of the Fraser Municipal Code. THEREFORE, THIS APLICATION IS APPROVED. Local Licensing Authority for Telephone Number TOWN, CITY Signature Title Date Signature (attest) Title Date Retail Marijuana Application Certification Form O.® Q G harahv arknMA//Primp that the Annlirant And its owners , offic6,NS, and employees may be subject to prosecution under federal laws relating to the poss nd 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 Business; and that the application and documents submitted for other approval relating to the Retail Marijuana business operation are subject to disclosure in accordance with the Colorado Open Records Act. I hereby affirm that I have full legal capacity to authorize the filing of this application and that all information and exhibits herewith submitted are true and correct to the best of my knowledge. The Authorized Signer gives consent for Town of Fraser representatives to make all reasonable inspections and investigations of the subject property during the period of processing this FI un to ' es required by the Town of Fraser must be to ha ', g his ap tion pro ssed. Au gnature*: Date: STATE OF COLO ss. Subscribed and sworn to (affirmed) before me this day of 20 )4 By la I/ Nota li My commission 1,5,24 [ S E A L TIFFANY DELIP b C6ERT Notary state of Colorado Notary it) 20014036156 2018 y Cornmis',on Expires Jan 5, Landlord authorization/acknowledgement (to be competed if the applicant is not the property owner) The undersigned, as the owner of the premises where the proposed retail marijuana business will be located, hereby joins in the foregoing acknowledgement and consent and agrees that the Town of Fraser shall not be liable in any manner should the premises be seized, forfeited or r . ed as uence of violation of any federal laws relating to controlled substances or due o ation of an ca aws o egulations relating to etail marijuana operations. Id Date: STATE OF COLORADO ss. COUNTY OF ) Subscribed 0 s rn to (affirmed) before me this B day of 20 d My commission [SEAL ] TIFFANY DELIA GILBERT Notary Public State of Colorado Notary ID 20014036156 iw Commission Expires Jan 5, 2018 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Growhouse Fraser LLC is a Limited Liability Company formed or registered on 09/03/2014 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20141542287. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 08/29/2014 that have been posted, and by documents delivered to this office electronically through 09/03/2014 @ 16:22:44. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 09/03/2014 @ 16:22:44 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 8945851. Secretary of State of the State of Colorado **************+*****++*+***********+*End of Notice: A certificate issued electronically from the Colorado Secretari, of'State's Website isfit/h, and immediately valid and effective However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State's Web site, httn. irss sos =,-�t C cr t 'i� -nch, isaria do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and ejfeefive issuance of a certificate. For inore information, visit our Web site, hit ' Wsn. "e atate.co.us/click Business Center and select "Frequently Asked Questions. " CERT GS D Revised 08',20.2008 NOTICE OF PUBLIC HEARING FRASER,COLORADO Please take notice that Growhouse Fraser, LLC, dba Growhouse Fraser, 535 Zerex Street, Units B 203-206, Fraser, CO 80442, on the of 15th of September, 2014, made an application to the Town of Fraser for a Retail Marijuana License pursuant to the Colorado Marijuana Code. The name and address of the officer of the Corporation is as follows: Member: Craig W. Clark 11100 W 8th Avenue, Ste 100 Lakewood, CO 80215 The application for a Retail Marijuana License in the name of Growhouse Fraser, LLC is to be located on the following described property in the County of Grand, State of Colorado to wit: 535 Zerex Street Units B 203-206 Fraser, CO 80442 The Fraser Board of Trustees, acting as the local marijuana licensing authority, will hold a public hearing on said application on Wednesday, December 3 d at 7:00 p.m. in the Fraser Town Hall Board Room, located at 153 Fraser Avenue, Fraser, Colorado. Comments may be filed by forwarding them to the Fraser Town Clerk, P. O. Box 370, Fraser, CO 80442. Published by order of the Fraser Town Clerk this 10th day of November, 2014. Published in the Middle Park Times and Sky Hi Daily News. /s/Lu Berger, Town Clerk First Publication: November 13, 2014 Final Publication: November 27, 2014 TOWN OF FRASER RETAIL MARIJUANA LICENSING AUTHORITY Follow-up findings and report for application of a Retail Marijuana Center License. Owner Name and Address: Growhouse Fraser, LLC, 11100 W 8th Ave, Suite 100, Lakewood, CO 80215 Establishment Name and Address: Growhouse Fraser, 535 Zerex St, Suite B 203, Fraser, CO 80442 TO THE ABOVE APPLICANT AND OTHER INTERESTED PARTIES; Pursuant to Colorado Revised Statutes, 12-43.4-301, the applicant is hereby advised that with regard to the application for a Retail Marijuana Center License, an investigation has been made, and based on the results thereof, the following has been determined: 1. That the application was filed on September 15, 2014 in the Town Clerk's office and a public hearing has been scheduled for Wednesday December 3, 2014. In accordance with C.R.S. 12-43.4-302(1) the Town must hold the application for not less than 30 days; this hearing date represents 80 days. 2. This location will be a Retail Marijuana Center license as opposed to a transfer of an existing license. 3. That the Notice of Public Hearing on this matter was posted on the premises on Thursday, November 21, 2014 at least 10 days prior to the hearing, and that the publication of the hearing was published in a newspaper of general circulation on November 13, 2014 at least 10 days prior to the Public Hearing. 4. It appears from the evidence submitted that the applicant will be entitled to possession of the premises where the license is proposed to be exercised. 5. It is confirmed that the sale of retail marijuana on the premises is not a violation of the applicable zoning or other regulations of the Town of Fraser. 6. The proposed location to be licensed does not appear to be within one thousand feet of any educational institution or school, either public or private, within five hundred feet of any existing Medical or Retail Marijuana Business, whether such business is located within or outside of the Town, or within two hundred feet of any existing licensed child care facility. 7. There are no other licensed medical/retail marijuana centers, optional premises cultivation operations, or medical/retail marijuana -infused products manufacturers located within 500 ft. of the premises under consideration. 8. That Fraser/Winter Park Police Chief Trainor has conducted a background investigation on Craig W. Clark, the owner of Growhouse Fraser, LLC. He has found no information that would indicate the license should not be approved, subject to final approval pending receipt of CBI/FBI reports. 9. The Town of Fraser and Growhouse LLC have received a Retail Marijuana License from the State of Colorado, contingent upon approval of the Local Licensing Authority. The public hearing on this application will be held on Wednesday, December 3, 2014 at 7:00 p.m. in the Fraser Town Hall, 153 Fraser Avenue, Fraser CO. At said hearing, the applicant shall have an opportunity to be heard regarding all matters related to this application, including all matters set forth herein. The applicant is advised and encouraged to read a copy of the State of Colorado Retail Marijuana Code and Regulations. Town of Fraser Retail Marijuana Licensing Authority BY: Fraser Town Clerk Dated this 26th day of November, 2014. Lu Berger TOWN OF FRASER RESOLUTION NO. 2014-12-13 A RESOLUTION OF THE FRASER BOARD OF TRUSTEES, ACTING AS THE LOCAL RETAIL MARIJUANA LICENSING AUTHORITY FOR THE TOWN OF FRASER, APPROVING THE APPLICATION OF GROWHOUSE FRASER LLC, FOR A RETAIL MARIJUANA CENTER LICENSE FOR THE PREMISES AT 535 ZEREX STREET UNIT B 203-206, FRASER, COLORADO. WHEREAS, Growhouse Fraser LLC (the "Applicant") filed an application with the Town of Fraser for a retail marijuana center license for the premises located at 535 Zerex Street Unit B 203-206, Fraser, Colorado; and WHEREAS, a public hearing on said application was held on December 3, 2014, following due and proper notice, in accordance with the Colorado Retail Marijuana Code, C.R.S. 12-43.4-101 et seq, and the provisions of Chapter 6, Article 5 of the Fraser Municipal Code; and WHEREAS, the Board of Trustees, as the local retail marijuana licensing authority, has carefully considered said application and the evidence presented at the hearing, and hereby enters the following decision regarding the application. THE BOARD OF TRUSTEES MAKES THE FOLLOWING FINDINGS: The Applicant has submitted evidence that it is or will be entitled to possession of the premise where the license is proposed to be exercised. 2. The premise is properly zoned for the activity which will occur therein, and the premise is not located within any distance restrictions for separation of licensed premise from any school, existing licensed day care facility, or existing licensed Retail Marijuana Business, as established in the Fraser Municipal Code. 3. The Applicant has demonstrated by a preponderance of the evidence that all other applicable requirements of the Colorado Retail Marijuana Code and the Fraser Municipal Code for the issuance of a retail marijuana center license have been satisfied or will be satisfied when such license is issued. BASED UPON THESE FINDINGS, THE BOARD OF TRUSTEES, AS THE LOCAL LICENSING AUTHORITY, HEREBY ORDERS that the application of Growhouse Fraser LLC, for a retail marijuana center license for the premises located at 535 Zerex Street Unit B 203-206, Fraser, Colorado, is hereby APPROVED, subject to the following conditions, which must be satisfied by the Applicant within six (6) months from the date hereof or said approval shall lapse: a. Compliance with all applicable state requirements. b. Satisfactory completion of any and all alterations and improvements to the licensed premise required to comply with the Fraser building and development codes, and state and local retail marijuana regulations; and c. Payment of all license and other applicable fees. DULY MOVED, SECONDED, AND ADOPTED THIS 3rd DAY OF DECEMBER, 2014. TOWN OF FRASER BOARD OF TRUSTEES, ACTING AS THE LOCAL RETAIL MARIJUANA LICENSING AUTHORITY BY: Peggy Smith, Mayor ATTEST: Lu Berger, Town Clerk CERTIFICATE OF SERVICE I hereby certify that I served the above and foregoing Resolution and decision of the Local Licensing Authority upon the Applicant named therein by mailing the same by certified mail, postage prepaid, this 8th day of December, 2014, addressed as follows: Growhouse Fraser, LLC, 11100 W 8th Ave, Ste 100 Lakewood, CO 80215 Lu Berger, Town Clerk -2- TOWN OF FRASER RESOLUTION NO. 2014-12-14 APPROVING 2015 LAW ENFORCEMENT BUDGET WHEREAS, the Towns of Fraser and Winter Park established a joint Fraser/Winter Park Police Department by intergovernmental agreement as amended on September 20, 2006; and WHEREAS, The Police Chief has submitted a proposed budget to said governing body for its consideration; and WHEREAS, the proposed budget remains in balance, as required by law; and WHEREAS, Fraser shall pay its apportioned share of the annual budget on a monthly basis to Winter Park. WHEREAS, Winter Park shall provide Fraser with an accounting of all expenditures for the prior year no later than March 1st' Winter Park shall provide Actual expenditures versus budgeted expenditures shall be reconciled by adjusting Fraser's monthly payments for the remainder of that year. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: The attached 2015 budget for the Fraser/WP Police Department is approved. DULY MOVED, SECONDED, AND ADOPTED THIS 3d DAY OF DECEMBER, 2014. Votes in favor: Votes opposed: Absent: Abstained: (S E A L) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk IQ 0. S-. 4 .1 r. E Q C o cu a TS y y CL) C O_ +� 3 =n cc o m Q CU � a EJ) � C Ell Q L. L) by — O 5 i ¢ N Q N) y of Z 4'+ EC P CU Cq t r, m o b D 'a 7 -0 4i b d C G to C i b c ro v 4-1 fl O U r In 0 m Sy S L p 'LS Q N Cd C � ams rCC � G Q3 Q. lf} 6l O � a spa m n 0 nz d E� rw o p y O v L L C m N L aCD ;W v u sry v .y o o p ., w ? 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Gr TOWN OF FRASER RESOLUTION NO. 2014-12-15 APPROVING 2014 BUILDING DEPARTMENT BUDGET WHEREAS, the Towns of Fraser and Winter Park established a joint Winter Park/Fraser Building Department by intergovernmental agreement on December 20, 2006; and WHEREAS, The Building Department has submitted a proposed budget to said governing body for its consideration; and WHEREAS, the proposed budget remains in balance, as required by law; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: The attached 2015 budget for the Winter Park/Fraser Building Department is approved. DULY MOVED, SECONDED, AND ADOPTED THIS 3d DAY OF DECEMBER, 2014. Votes in favor: _ BOARD OF TRUSTEES OF THE Votes opposed: _ TOWN OF FRASER, COLORADO Absent: _ Abstained: BY: Mayor ATTEST: (S E A L) Town Clerk Ln O N 9 ct t'11 m v N py N F' o � � m CL) �+ N � tt d 75 L � .a •� Lam' rid M a O N rn cu UL U [6 •� u p c G m RID N vD '6 N N f 6 IS M try ra c¢ O o n a v > CL. L W w p o W O ., o pp ry S3. H 0.- to � z' a. w`7 y v n a ca aj u cz W:i o a cCd c .v s p+ o C o ca a v m ° m r1 ' U Lti . �. En ❑ o cu O..+ � � � ^A ��+ 6 N '.1 .� ❑. O P. � y y L O to � t�/1 y M i4 s." O m w v m R a ro a� o u Y uqj a v . 5 ©, a o w m ro L; L co ° VI GQ .5-1 b p O ri-5 Dy N +. n c F 57 cu E �. 43 y 5a cu ao O O y ° Z W ,� m a. a. u a sa A 3 E _ V2 yV2� o w 'T, cn Q J r N r✓ Q V G1 U N � a a v Fes- ago vS9i � � � E E b n � N y Cs7 5FT O v N ti0 LC N UJ 0 0 0 0 0 o 0 coi m rn w h m b G� 4, H d' b h CCS 0E Lr) d e7 d N H N N N y Gc7 F N J. V - ^y Ln N �o N C N � U3 y w d V) d" N NCO 4, Ln o F c�i m It H ct ' c-+ tin c -i b N CO N N � w F N � 7 v Ii Gz � W Lr� d to N W LY3 F M c6 � U 0 N 0 0 0 0 0 C7 a 0 p 64 CJ o 0 v) iYf 0 C7 0 o 0 0 0 0 0 CJ L� O b9 V3 £4 sa3n1)puadxj a 0 0 Iff yq b n � N y Cs7 5FT O v N ti0 LC N UJ IM m y� coi m rn d' %0 O m b G� 4, d' b h CCS 0E Lr) d e7 d N H N N N y IM ff3 y� Ln d' %0 O m b G� wt C 0E Lr) d e7 d N H N y Gc7 Lf1 �j L] O] H 0: Ln N �o N C N � d V) d" N NCO 4, c�i m It H ct ' c-+ tin c -i b N CO N N � IM TOWN OF FRASER RESOLUTION NO. 2014-12-16 SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING THE BUDGET FOR THE TOWN OF FRASER, COLORADO FOR THE CALENDAR AND FISCAL YEAR 2015 WHEREAS, The Board of Trustees of the Town of Fraser has appointed the Town Manager to prepare and submit a proposed budget to said governing body at the proper time; WHEREAS, the Town Manager has submitted a proposed budget to said governing body for its consideration; WHEREAS, upon due notice and published in accordance with Colorado Statutes, the budget was available at the Fraser Town Hall and a public hearing was held on Nov. 5; Nov. 19, December 3, 2014 giving interested taxpayers the opportunity to file or register any objections to said budget; and WHEREAS, the proposed budget remains in balance, as required by law. NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Fraser, Colorado: SECTION 1. That expenditures for each fund are set as follows: General Fund $ 3,402,053 Conservation Trust Fund $ 10,000 Capital Equipment Replacement Fund $ 203,418 Capital Asset Fund $ 2,138,038 FREP Fund (a Special Revenue Fund) $ 0 Debt Service Fund $ 329,800 Water Fund $ 1,567,708 Wastewater Fund $ 1,042,936 Joint Facilities Fund - O&M $ 839,332 Joint Facilities Fund - CRR $ 170,700 SECTION 2. That revenues for each fund are estimated as follows: General Fund $ 4,345,578 Conservation Trust Fund $ 13,414 Capital Equipment Replacement Fund $ 530,174 Capital Asset Fund $ 2,138,038 FREP Fund (a Special Revenue Fund) $ 0 Debt Service Fund $ 329,800 Water Fund $ 1,577,416 Wastewater Fund $ 3,653,401 Joint Facilities Fund - O&M $ 1,035,721 Joint Facilities Fund - CRR $ 1,891,684 SECTION 3. Any and all year-end fund balances shall be considered a "reserve increase" and therefore part of the 2015 fiscal year spending, within the meaning of article X, section 20(2)(e) of the Colorado Constitution. That the Budget, as submitted, amended and herein above submitted by fund, hereby is adopted and approved as the Budget for the Town of Fraser for the calendar and fiscal year 2015. That said Budget is hereby approved and made part of the public records of the Town. DULY MOVED, SECONDED, AND ADOPTED THIS 3d DAY OF DECEMBER, 2014. Votes in favor: Votes opposed: Absent: Abstained: (S E A L) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk TOWN OF FRASER RESOLUTION NO. 2014-12-17 LEVYING PROPERTY TAXES FOR THE YEAR 2014 TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR FRASER, COLORADO, FOR THE BUDGET YEAR 2015 WHEREAS, the Board of Trustees of the Town of Fraser has adopted the annual budget in accordance with all Local Government Laws, on December 3, 2014; and WHEREAS, the 2014 final valuation for Fraser, as certified by the County Assessor on November 26, 2014, is $33,504,210. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Fraser, Colorado: SECTION 1. That for the purpose of meeting all general operation expenses of the Town during the 2015 Budget year, there is hereby levied a tax of 5.886 mills upon each and every dollar of valuation for assessment of all properties within the Town of Fraser for the year 2014. Based upon the November 26, 2014 final assessed valuation certification as provided by the County Assessor, this would result in an amount of $197,206. SECTION 2. That for the purpose of meeting all general obligation bond debt of the Town during the 2015 Budget year, there is hereby levied a tax in an amount appropriate to raise $80,000, currently 2.385 mills, based upon the November 26, 2014 final assessed valuation certification as provided by the County Assessor, upon each and every dollar of valuation for assessment of all properties within the Town of Fraser for the year 2014. SECTION 3. That the Town Clerk is hereby authorized and directed to immediately certify to the County Commissioners of the County of Grand, the mill levies for the Town of Fraser as herein above described and fixed. DULY MOVED, SECONDED, AND ADOPTED THIS 3d DAY OF DECEMBER, 2014. Votes in favor: _ BOARD OF TRUSTEES OF THE Votes opposed: _ TOWN OF FRASER, COLORADO Absent: _ Abstained: BY: Mayor ATTEST: (S E A L) Town Clerk TOWN OF FRASER RESOLUTION NO. 2014-12-18 APPROPRIATING SUMS OF MONEY TO VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNT AND FOR THE PURPOSE AS SET FORTH BELOW, FOR THE TOWN OF FRASER, COLORADO FOR THE BUDGET YEAR 2015 WHEREAS, the Board of Trustees of the Town of Fraser has adopted the annual budget in accordance with Colorado's Revised Statutes on December 3, 2014; WHEREAS, the Board of Trustees has made provisions therein for the revenues in an equal amount or greater than the total expenditures as set forth in said budget; and WHEREAS, it is not only required by law, but necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town of Fraser, Colorado. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Fraser, Colorado as follows: SECTION 1. The following sums of money are appropriated from the revenues provided of each fund, for the purposes stated: General Fund $ 3,402,053 Conservation Trust Fund $ 10,000 Capital Equipment Replacement Fund $ 203,418 Capital Asset Fund $ 2,138,038 FREP Fund (a Special Revenue Fund) $ 0 Debt Service Fund $ 329,800 Water Fund $ 1,567,708 Wastewater Fund $ 1,042,936 Joint Facilities Fund - O&M $ 839,332 Joint Facilities Fund - CRR $ 170,700 SECTION 2. Any and all year-end fund balances shall be considered a "reserve increase" and therefore part of the 2015 fiscal year spending, within the meaning of article X, section 20(2)(e) of the Colorado Constitution. DULY MOVED, SECONDED, AND ADOPTED THIS Td DAY OF DECEMBER, 2014. Votes in favor: Votes opposed: Absent: Abstained: (S E A L) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk TOWN OF FRASER RESOLUTION NO. 2014-12-19 ADOPTING FEES FOR WATER AND SEWER SERVICE IN THE TOWN OF FRASER, COLORADO WHEREAS, pursuant to the Town Code, the Board of Trustees may adjust fees as necessary for the operation of municipal services; WHEREAS, the Town of Fraser last raised water and sewer rates January 1, 2014; WHEREAS, costs associated with utilities and equipment necessary to operate and maintain the systems continue to increase. WHEREAS, the Town Board recognizes the financial challenges faced by our customers NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT the following rates are effective January 1, 2015 1. Rates for water service shall include a base rate and a consumption rate as follows: a. The Water Base Rate shall be $145.50 per quarter per Single Family Equivalent (SFE), billed quarterly. b. The Water Consumption Rate shall be: 1. Tier 1 - $1.50 per 1,000 gallons 2. Tier 2 - $1.50 per 1,000 gallons 3. Tier 3 - $1.50 per 1,000 gallons 2. The Water Base Rate for a Water Using Unit with un -metered water service shall be determined by using the water service line size in lieu of the water meter size. The Water Consumption Rate for a Water Using Unit with un -metered water service shall be $250.00 per SFE per quarter. 3. Rates for Sewer Service shall be $131.00 per quarter per Single Family Equivalent (SFE), billed quarterly. 4. Tampering with a water meter shall be subject to the General Penalty provisions of the Town Code Section 1-4-10 (up to $1,000 per violation). 5. On and off charges pursuant to Section 13-2-260 shall be $50.00 6. A property owner that requests a water meter calibration certification will be responsible for all costs associated with the calibration unless the meter is determined to be faulty. 7. Bulk Water Permit water rates shall be $10.00 per 1,000 gallons. DULY MOVED, SECONDED, AND ADOPTED THIS 3 d DAY OF DECEMBER, 2014. Votes in favor: _ BOARD OF TRUSTEES OF THE Votes opposed: _ TOWN OF FRASER, COLORADO Absent: _ Abstained: BY: Mayor ATTEST: (S E A L) Town Clerk TOWN OF FRASER ORDINANCE NO. 426 Series 2014 AN ORDINANCE AMENDING THE FRASER MUNICIPAL CODE BY ADOPTING PROVISIONS AUTHORIZING COMPENSATION OF PLANNING COMMISSIONERS WHEREAS, the Board of Trustees of the Town of Fraser is authorized by state statutes to provide by ordinance for the compensation of Planning Commissioners. WHEREAS, the Board of Trustees has determine that providing compensation for Planning Commissioners is in the best interests of the Town and its residents. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: AMENDMENT OF MUNICIPAL CODE. Chapter 2, Article 6, Section 2-6-40 of the Fraser Municipal Code, Town of Fraser, Colorado (herein sometimes referred to as the "Municipal Code") is hereby amended to read as follows [Note: additions are shown in black bold underlined print; deletions are shown as strikethre gI print]: Sec. 2-6-40. Residency. All members of the Planning Commission shall be bona fide residents of the Town, and if any member ceases to reside in the Town, his or her membership on the Planning Commission shall immediately terminate. ^ll members of the Plap ,ir,n ('nmmiccine� qh;;" come ;;g s,,,.h w0 thn. i+R All members of the Planning Commission may be compensated as established by resolution of the Board of Trustees. The members appointed by the Mayor shall hold no other municipal office except that such members shall be ex -officio members of the Board of Adjustment, as provided by this Code. REPEAL. 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. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance 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. The Town of Fraser hereby declares that it would have adopted this Ordinance, 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. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. PUBLICATION. This Ordinance shall be published by title only READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 3 d DAY of DECEMBER, 2014. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: TOWN OF FRASER, COLORADO Votes abstained: BY: (SEAL) Peggy Smith, Mayor ATTEST: Lu Berger, Town Clerk Published in the Middle Park Times on December 11, 2014. TOWN OF FRASER RESOLUTION NO. 2014-12-20 A RESOLUTION ESTABLISHING COMPENSATION FOR THE PLANNING COMMISSION BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Members of the Planning Commission shall be compensated $50 per meeting. DULY MOVED, SECONDED AND ADOPTED THIS 3 d DAY OF DECEMBER, 2014. Votes in favor: _ BOARD TRUSTEES OF THE Votes opposed: _ TOWN OF FRASER, COLORADO Absent: _ Abstained: BY: Mayor ATTEST: (S E A L) Town Clerk MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING (the WOU") is made and entered into this 15th day of October, 2014 in order to memorialize the terms of agreement for the Volunteer Winter Grooming Program on the Fraser River Trail between the HEADWATERS TRAIL ALLIANCE (hereinafter "HTA") and The Town of Fraser, by and through its Fraser Board of Trustees (hereinafter "TOWN"). RECITALS: WHEREAS, the Fraser River Trail is owned by the TOWN and is located on open space owned by the TOWN or within easements held by the TOWN; and WHEREAS, HTA was formed to advocate and manage trails in Grand County, Colorado and the incorporated areas set forth in the Plan; and WHEREAS, HTA is in partnership with the TOWN to preserve, protect, build and maintain trails in the TOWN and throughout Grand County and both entities share the common goal of creating and sustaining the public system of networked trails and access for all appropriate recreational users; and WHEREAS, the parties desire to enter into an agreement regarding their rights and obligations for "mar Contract Winter Trail Grooming. NOW THEREFORE BE IT AGREED AS FOLLOWS: RIGHTS AND OBLIGATIONS OF THE PARTIES: 1. HTA has agreed to establish and manage a Winter Trail Grooming Program for the Fraser River Trail. 2. HTA will all FeGPORGibilitops {^r coordinate the program which will include, at a minimum, the following: �i ya e�rl HT4 anl1e� i400_area rc not -al ithnriZed 4n m-aLo aRy nhaRgeG to trail aligRmeRts or aRy other trail prier approval from TOWN. h T4 �niill imm iat h� provide T(1\A/AI with a writteR rennrt renardiRg aRy safeti n. HTA provide cnTcPvrrrcyaram�urr�aaTccy rne�nere�c e�nterl nem the trail and aRy annids_ts nr that may nnn6 it d iriRg nrnnmiRg nneratiORS i HT.A aRy other appropriate pr ;;AdyAl. iAteer arra Rgemeptc to implemept the \A/i pier GreemiRg Drervram j. #TA HTA will provide Town with contract for Town approval prior to execution. Contractor will coordinate grooming operations with Town and contract will provide that contractor will remedy any damage to Town facilities or safety concerns caused by grooming operations immediately upon notice by TOWN or other timeframe as agreed to by both parties. 3. The TOWN agrees to support the Winter Trail Grooming Program as follows: a. The TOWN will use reasonable efforts to avoid excessive snow storage within areas needed for grooming access to the trail or at locations where the trail crosses a roadway. HTA recognizes that public safety along roadways will take precedence in the TOWN's snow management operations, and TOWN will use its best efforts to incorporate HTA requests to change snow management practices to accommodate the Winter Trail Grooming Program. b. The TOWN makes no representation that the existing bridges on the trail are adequate to support grooming equipment, but, will use reasonable efforts to make improvements to bridges and other improvements necessary to support the Winter Trail Grooming Program. c. The TOWN is currently a funding partner of HTA. The TOWN is not nnmmittir,n aRY f, Cher fipapnial 66ippert to this pregFam Will fund this program not to exceed $3,000. 4. HTA agrees to coordinate any grooming or maintenance activities with the TOWN and further agrees to work around any activities performed by the TOWN during the course of normal business and any special events that may be occurring during the winter season. HTA will provide contact information to the Fraser Winter Park Police Department along with information regarding scheduled operations. 5. Winter Trail Grooming Operations are not TOWN operations and vol, rI; or employees related to the program are not TOWN employees, contractors, or agents. 6. The TOWN may require any changes to the Winter Trail Grooming Program it deems necessary to ensure the safety of trail users or the general public. 7. HTA and/or the TOWN may terminate this agreement at any time without cause upon written notice. 8. This agreement does not provide any waiver of governmental immunity as provided by Colorado Statutes. 9. This agreement provides no conveyance of property rights and is not assignable. 10. HTA agrees to indemnify and defend the TOWN for any claims resulting from the Winter Trail Grooming Program. HTA further agrees to name the TOWN as an additional insured in a form and amount acceptable to the TOWN, and provide the TOWN with a 2 certificate of liability insurance coverage evidencing the TOWN as an additional insured with respect to the Winter Trail Grooming Program. 11. This agreement is effective throughout the 2014-2015 Winter or no later than May 1, 2015. 12. Notice and Certification. All notices and communications required by this contract shall be in writing and shall be either personally delivered, sent by certified United States mail, return receipt requested, to the addresses set forth below, or by facsimile to the numbers set forth below: To the HTA: Headwaters Trail Alliance P.O. Box 946 Granby, CO 80446 The Town of Fraser P.O. Box 370 Fraser, CO 80442 The terms outlined within this agreement have been accepted and agreed to by the following parties on this 4th day of September, 2013: TOWN OF FRASER Jeff Durbin, Town Manager ATTEST: Lu Berger, Town Clerk [SEAL] HEADWATERS TRAIL ALLIANCE President STATE OF COLORADO ) ss. COUNTY OF ) Acknowledged before me on , 20147 by as (date of signing) (name of signer) for the Title (owner/president) (company) Witness my hand and official seal. My commission expires: [S E A L] Notary Public TOWN OF FRASER RESOLUTION NO. 2014-12-21 A RESOLUTION AUTHORIZING THE ENTERING INTO A MEMORANDUM OF UNDERSTANDING WITH HEADWATERS TRAILS ALLIANCE FOR SNOW GROOMING SERVICES BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Town Manager is hereby authorized to execute the attached Memorandum of Understanding with Headwaters Trails Alliance for snow grooming services. DULY MOVED, SECONDED, AND ADOPTED THIS 3 d DAY OF DECEMBER, 2014. Votes in favor: _ BOARD OF TRUSTEES OF THE Votes opposed: _ TOWN OF FRASER, COLORADO Absent: _ Abstained: BY: Mayor ATTEST: (S E A L) Town Clerk MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING (the WOU") is made and entered into this 10th day of December, 2014 in order to memorialize the terms of agreement for the Volunteer Winter Grooming Program on the Fraser River Trail between the HEADWATERS TRAIL ALLIANCE (hereinafter "HTA") and The Town of Fraser, by and through its Fraser Board of Trustees (hereinafter "TOWN"). RECITALS: WHEREAS, the Fraser River Trail is owned by the TOWN and is located on open space owned by the TOWN or within easements held by the TOWN; and WHEREAS, HTA was formed to advocate and manage trails in Grand County, Colorado and the incorporated areas set forth in the Plan; and WHEREAS, HTA is in partnership with the TOWN to preserve, protect, build and maintain trails in the TOWN and throughout Grand County and both entities share the common goal of creating and sustaining the public system of networked trails and access for all appropriate recreational users; and WHEREAS, the parties desire to enter into an agreement regarding their rights and obligations for "mar Contract Winter Trail Grooming. NOW THEREFORE BE IT AGREED AS FOLLOWS: RIGHTS AND OBLIGATIONS OF THE PARTIES: 1. HTA has agreed to establish and manage a Winter Trail Grooming Program for the Fraser River Trail. 2. HTA will coordinate the program which will include, at a minimum, the following: a. HTA will provide Town with contract for Town approval prior to execution. Contractor will coordinate grooming operations with Town and contract will provide that contractor will remedy any damage to Town facilities or safety concerns caused by grooming operations immediately upon notice by TOWN or other timeframe as agreed to by both parties. 3. The TOWN agrees to support the Winter Trail Grooming Program as follows: a. The TOWN will use reasonable efforts to avoid excessive snow storage within areas needed for grooming access to the trail or at locations where the trail crosses a roadway. HTA recognizes that public safety along roadways will take precedence in the TOWN's snow management operations, and TOWN will use its best efforts to incorporate HTA requests to change snow management practices to accommodate the Winter Trail Grooming Program. b. The TOWN makes no representation that the existing bridges on the trail are adequate to support grooming equipment, but, will use reasonable efforts to make improvements to bridges and other improvements necessary to support the Winter Trail Grooming Program. c. The TOWN is currently a funding partner of HTA. The TOWN will fund this program not to exceed $3,000. 4. HTA agrees to coordinate any grooming or maintenance activities with the TOWN and further agrees to work around any activities performed by the TOWN during the course of normal business and any special events that may be occurring during the winter season. HTA will provide contact information to the Fraser Winter Park Police Department along with information regarding scheduled operations. 5. Winter Trail Grooming Operations are not TOWN operations and vol,r'; or employees related to the program are not TOWN employees, contractors, or agents. 6. The TOWN may require any changes to the Winter Trail Grooming Program it deems necessary to ensure the safety of trail users or the general public. 7. HTA and/or the TOWN may terminate this agreement at any time without cause upon written notice. 8. This agreement does not provide any waiver of governmental immunity as provided by Colorado Statutes. 9. This agreement provides no conveyance of property rights and is not assignable. 10. HTA agrees to indemnify and defend the TOWN for any claims resulting from the Winter Trail Grooming Program. HTA further agrees to name the TOWN as an additional insured in a form and amount acceptable to the TOWN, and provide the TOWN with a certificate of liability insurance coverage evidencing the TOWN as an additional insured with respect to the Winter Trail Grooming Program. 11. This agreement is effective throughout the 2014-2015 Winter or no later than May 1, 2015. 12. Notice and Certification. All notices and communications required by this contract shall be in writing and shall be either personally delivered, sent by certified United States mail, return receipt requested, to the addresses set forth below, or by facsimile to the numbers set forth below: To the HTA: Headwaters Trail Alliance P.O. Box 946 Granby, CO 80446 The Town of Fraser P.O. Box 370 Fraser, CO 80442 The terms outlined within this agreement have been accepted and agreed to by the following parties on this 4th day of September, 2013: 2 TOWN OF FRASER Jeff Durbin, Town Manager ATTEST: Lu Berger, Town Clerk [SEAL] HEADWATERS TRAIL ALLIANCE President STATE OF COLORADO ss. COUNTY OF Acknowledged before me on , 20147 by , as (date of signing) (name of signer) for the Title (owner/president) (company) Witness my hand and official seal. My commission expires: [SEAL] 3 Notary Public MEMO TO: Mayor Smith and the Board of Trustees FROM: Brian Szczepanski, Building Official DATE: December 3, 2014 SUBJECT: Building Department November Update Total Number of Building Permits Total for 2010 36 Total for 2011 45 Total for 2012 49 Total for 2013 63 2012 through November 45 2013 through November 61 2014 through November 38 Difference 2014 / 2013 (23) Difference 2014 / 2012 (7) Dollar Valuation (no hourly fee has valuation $ in 2011 - 14) Total for 2010 $135,233 Total for 2011 $3,743,778 Total for 2012 $2,190,195 Total for 2013 $5,508,091 2012 through November $2,163,710 2013 through November $5,508,091 2014 through November $7,510,211 Difference 2014 / 2013 $2,002,120 Difference 2014 / 2012 $5,346,501 Building Fees Total for 2010 $3,644 Total for 2011 $40,277 Total for 2012 $27,412 Total for 2013 $66,364 2012 through November $26,613 2013 through November $66,176 2014 through November $72,535 Difference 2014 / 2013 $6,359 Difference 2014 / 2012 $45,922 iown of Fraser I1�10 Box 370, Fraser, 80 442 office 970 726-5491 fax 970-726-551. rnrrn w f asercdorado.com New Residential Area 2014 through November 46,676 sq. ft. New Commercial Area 2014 through November 0 sq. ft. New Garage Area 2014 through November 10,816 sq. ft. New Deck/Patio Area 2014 through November 4,877 sq. ft. EXECUTIVE SUMMARY: Not much new to report in the month of November. The winter weather and holiday season typically brings a slower pace to construction activity in the valley. Not to mention the alternative to working that the ski area provides. As always, feel free to contact the building department with any questions, comments, and/or concerns and Happy Holidays. down of Fraser I1�10 Box 370, Fraser, 80442 office 970 726-5491 fax 97e-726-551 rnrrn w f asercdorado.com PUBLIC WORKS UPDATE (As of 11/25/2014 for 12/03 meeting) WATER— ➢ Corrected some PRV issues in the red zone pump station in RV. SANITARY SEWER— Ongoing flow data recording in our sewer collection system ➢ Wrapping up DOLA grant (Energy & Mining Impact dollars) for 2015 sewer line replacement projects. ➢ Review of qualifying criteria for the utility service line replacement incentive program continues. STREETS— Updates to the snow management operations plan (SMOP) are complete and on the website and paper maps. SMOP brochure is available in the foyer for inquiring minds. ➢ Annual review and update of our utility design and construction standards was emailed out to the development and engineering community seeking input to our proposed changes. December 31d is the deadline for feedback. A request accepting the changes will be coming to the board in January for the first reading with subsequent request for approval via Ordinance. ➢ Both new PW operators passed their commercial driver's license exams last week. Training continues for snow removal ops. GARDENER— GENERAL— Continue ARDENER— GENERAL— Continue with the install of seasonal decorations and changing out the seasonal banners in between storms, and weather permitting. Please contact mein advance of the meeting should you have questions. anordin(a-.town.fraser.co.us or 970-531-1844. n of IC:: uIT ,,;er 11 ox `370,II 'aser, CO 80442offi,c e 970 726... 5491 fax 970 726 5518 December 8, 2014 Scott Berger, Financial Director Grand County P.O. Box 264 Hot Sulphur Springs, CO 80451 Re: Tax Levy Certification, Adoption of 2015 Budget Dear Mr. Berger: Attached is the 2015 Certification of Tax Levies and associated Resolutions for the Town of Fraser, Grand County, Colorado submitted pursuant to Section 29-1-113 C.R.S. The 2015 Budget was adopted by the Board of Trustees of the Town of Fraser on December 3, 2014. If there are any questions on the Budget, please contact Jeff Durbin, Town Manager, at 970-726-5491. The mill levy certified to the Grand County Commissioners is 5.886 mills for general operating purposes. In addition, 2.385 mills are certified for general obligation bonds and interest. Based on the gross assessed valuation of $ 33,504,210, property tax revenues are $ 197,206 and $ 80,000 respectively for each of the mill levies. The total property tax certified for the 2015 budget is 8.271 mills, with revenues of $ 277,206. I hereby certify that the enclosed are true and accurate copies of the Certification of Tax Levies and associated Resolutions to the Board of County Commissioners, Grand County, Colorado as found in the records of the Town of Fraser, Colorado. Lu Berger, Town Clerk enclosures Water Wastewater Committee Meeting Water Fund - October 14, 2014 Jane Mather Balance by Source Carryover Applied to Capital Expenses Operati ng - Scuth e� Operating - Ncrth N PIF added be and capital costs Balance remain in -after capital greaterth an PIF plus grants mc=apital costs greater than 2303 balance plus grants plus PIF Balance by Source Carryover Applied to Expenses Greater than Revenue $ S 6 3 3,30-0, 4&Scuth Rev -Exp Ncrth PIF P »;Kcrth Rev -Exp 523,3 D -D Balance remaining after expenses greaterthan reo-nue plusgrants 5(230,3-03) Water Wastewater Committee - Oct. 14, 2014 J. Mather - Page 2 TOWN OF FRASER - WATER FUN[) Enc! of Year Analysis 3.Matner, 10/9/201L Legal fees 57,365 What m,/Af end of year 2014 Mance (reserles + carryover} Engineering fees 49,407 be if the capitaf expenses and fees are dAcrent than System reoai, and rma=ritenance 101,433 budgeted? '."dater r gets 28,2013 Capital projects 142,738 Fraser f rm€rig 50,000 Total 429,151 End of year balance analysis CARRYOVER j RESERVES BEGINNING 2014 Reserves 360,000 360,000 Carryover' 513,820 Budgeted 438,34$ Tota[ _ _ 933,820 798,348 2014 REVENUES & EXPENSES Remaining capital, fees Budget with actually carryover 2014 Rev. m 2014 Exp. = $100,000 Revenue 2014 Servtce charges 731,580 Fraser frm ng fee 50,000 Other 3,/00 185,280 785,280 785,280 Expenses 2014 Total operations 2014 p,us capi.a, fees to date 505,503 505,903 505,903 Unspent capita, fees 429,151 21%317 100,000 Total expenses 2014 935,054 785,280 605,903 Exc udes 5100,000 to eserves Additions (subtractions) to Carryover (149,774) 0 179,377 CARRYOVER J RESERVES END OF YEAR Total end of year 20_4 784,045 933,820 1,113,197 Reserves 460,000 460,000 460,000 Carryover' 324,046 473,820 653,191