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HomeMy Public PortalAboutTBM 2014-12-03FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, December 03, 2014 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room 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; Town Attorney Rod McGowan; Police Chief Glen Trainor Others: See attached list Mayor Smith called the meeting to order at 7:05 p.m. 1. Workshop: Transit 2. Regular Meeting: Roll Call 3. Approval of Agenda: The agenda was amended to move 413-F to after 7j. Public hearing B was moved before A. Trustee Waldow moved, and Trustee Taylor seconded the motion to approve the Agenda. Motion carried: 7-0. 4. Consent Agenda: a) Minutes — November 19, 2014 Trustee Waldow moved, and Trustee Taylor seconded the motion to approve the consent agenda. Motion carried: 7-0. 5. Open Forum: 6. Public Hearings: a) Growhouse Fraser LLC License Application for a Retail Marijuana Store 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. Page 2 of 6 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 FraserMinter 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. Staff recommended approval based on the criteria referenced in the Findings of Fact and the conditions referenced in the Resolution 2014-10-01; 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. o Compliance with all applicable state requirements and receipt by the Town Clerk of approval from the Colorado Department of Revenue Retail Marijuana Enforcement Division for issuance of the license. Trustee Soles moved, and Trustee Waldow seconded the motion to open the public hearing on Growhouse Fraser LLC License Application for a Retail Marijuana Store. Motion carried: 7-0. TA McGowan outlined the hearing procedure for the Board and public and swore in the witnesses. Trustee Mather had questions regarding the regulations for the licensing of retail marijuana. TA McGowan confirmed that reasonable conditions can be placed on a license. The retail application, Proof of Publication, Findings of Fact and Police report/background check were entered into evidence as exhibits. Trustee Nail[ moved, and Trustee Waldow seconded the motion to enter the exhibits into evidence. Motion carried: 7-0. Also, entered as exhibits into evidence were; 1 email from Julio Arreguin, received in support, the Board briefing from TC Berger and the Police findings. Trustee Taylor moved, and Trustee Waldow seconded the motion to enter the exhibits into evidence. Motion carried: 7-0. Testimony was taken from: Craig Clark - Applicant. Mike Swisher - General Manager of Growhouse Fraser spoke in support. Dennis Finnegan - Expressed concerns on traffic in and around the center. Also inquired about the age of people who can enter the store. Mike Fudge - Inquired about on-site consumption of edibles. Sam Brewer - Inquired about the staff's retail sales experience. Clark Lipscomb - Representing Grand Park, asked for clarification of the Town Code regarding the distance requirements between a school and a retail marijuana establishment in regards to the proposed school site included on the sketch plan for Byers Peak Ranch Property. Page 3 of 6 Trustee Soles moved, and Trustee Taylor seconded the motion to close the public hearing on the Growhouse Fraser LLC License Application for a Retail Marijuana Store Motion carried: 7-0. a) Resolution 2014-12-13 Approving Growhouse Fraser LLC License Application for a Retail Marijuana Store Trustee Soles moved, and Trustee Taylor seconded the motion to approve Resolution 2014-12-13 Approving Growhouse Fraser LLC License Application for a Retail Marijuana Store. Motion carried: 7-0. b) 2015 Budget Hearing Trustee Soles moved, and Trustee Waldow seconded the motion to open the public hearing on the 2015 Budget. Motion carried: 7-0. Public comment was taken from: Clark Lipscomb- had concerns about what the funds for economic development and the Fraser Revitalization would be used for. Trustee Mather would like more information budget related to reserves. She questioned the statutory requirement of the budget document. Trustee Soles moved, and Trustee Taylor seconded the motion to close the public hearing on the 2015 Budget. Motion carried: 7-0. Trustee Miller moved, and Trustee Waldow seconded the motion to amend the budget message to include a paragraph outlining reserves. Remove the word "planning" under the Community Development bullet and confirm the PC's compensation matches the Resolution 2014-12-20 as may be adopted. Motion carried: 7-0. 7. Discussion and Possible Action Regardin a) Resolution 2014-12-13 Approving Growhouse Fraser LLC License Application for a Retail Marijuana Store — See Above b) Resolution No. 2014-12-14 Adopting the Police Budget for 2015 Trustee Naill moved, and Trustee Soles seconded the motion to approve Resolution No. 2014-12-14 Adopting the Police Budget for 2015. Motion carried: 7-0. C) Resolution No. 2014-12-15 Adopting the Winter Park/ Fraser Building Department Budget for 2015 Trustee Soles moved, and Trustee Waldow seconded the motion to approve Resolution No. 2014-12-15 Adopting the Winter Park/ Fraser Building Department Budget for 2015. Motion carried: 7-0 d) Resolution No. 2014-12-16, Summarizing Revenues and Expenditures for Each Fund and Adopting the 2015 Budget Page 4of6 Trustee Taylor moved, and Trustee Naill seconded the motion to approve Resolution No. 2014-12-16, Summarizing Revenues and Expenditures for Each Fund and Adopting the 2015 Budget. Motion carried: 7-0 e) Resolution No. 2014-12-17, Levying Property Taxes for the Year 2014 to Help Defray the Costs of Government for Fraser for the Budget Year 2015 Trustee Soles moved, and Trustee Miller seconded the motion to approve Resolution No. 2014-12-17, Levying Property Taxes for the Year 2014 to Help Defray the Costs of Government for Fraser for the Budget Year 2015. Motion carried: 7-0. f) 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 Fraser for the Budget Year 2015 Trustee Miller moved, and Trustee Soles seconded the motion to approve 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 Fraser for the Budget Year 2015. Motion carried: 7-0. g) Resolution No. 2014-12-19, Adopting Fees for Water and Sewer Service in Fraser Trustee Miller moved, and Trustee Soles seconded the motion to approve Resolution No. 2014-12-19, Adopting Fees for Water and Sewer Service in Fraser. Motion carried: 7-0. h) Ordinance 426 an Ordinance Amending the Fraser Municipal Code by Adopting Provisions Authorizing Compensation of Planning Commissioners It's the Trustees intent that the current Board members sitting on the Planning Commission will not be compensated until after they are up for reelection to the Town Board. Trustee Soles moved, and Trustee seconded the motion to approve Ordinance 426 an Ordinance Amending the Fraser Municipal Code by Adopting Provisions Authorizing Compensation of Planning Commissioners. Motion carried: 5-1-1. Smith — Aye Naill — Aye Miller - Aye Taylor — Abstained Mather - Aye Waldow — Nay Soles - Aye i) Resolution 2014-12-20 A Resolution Establishing Compensation for the Planning Commission Trustee Miller moved, and Trustee Soles seconded the motion to approve Resolution 2014-12-20 A Resolution Establishing Compensation for the Planning Commission. Motion carried: 5-1-1 Page 5 of 6 j) Resolution 2014-12-21 Authorizing Execution of a Memorandum of Understanding with Headwaters Trail Alliance for Trail Grooming TM Durbin outlined the change from a volunteer grooming program to a professional grooming operation. Trustee Soles moved, and Trustee Taylor seconded the motion to approve Resolution 2014-12-21 Authorizing Execution of a Memorandum of Understanding with Headwaters Trail Alliance for Trail Grooming. Motion carried: 7-0. k) Directing the Town Manager to execute contracts/agreements with the following agencies and entities as provided with the 2015 Budget: 1) Resolution 2014-12-01 First Transit, Inc. 2) Resolution 2014-12-02 NWCCOG 3) Resolution 2014-12-03 Double Diamond Data 4) Resolution 2014-12-04 JRS Engineering 5) Resolution 2014-12-05 McLaughlin Water Engineers Ltd. 6) Resolution 2014-12-06 Brown and Caldwell Engineers TM Durbin outlined the relationships with the above entities. Trustee Miller would like to send out an RFP for the Town Engineer position. Resolution 2014-12-04 was removed. Resolution 2014-12-06 be removed. Trustee Miller moved, and Trustee Soles seconded the motion to approve Directing the Town Manager to execute contracts/agreements, Resolutions 2014-12-1,2,3,&5 as provided with the 2015 Budget. Motion carried: 7-0. I) Directing the Town Manager to execute leases/licenses for Town property with the following individuals and/or entities: 1) Resolution 2014-12-07 Dale Booth, 105 Fraser Avenue 2) Resolution 2014-12-08 John Hartlauer, 400 Doc Susie Avenue 3) Resolution 2014-12-09 Fraser Valley Metropolitan Recreation District, Fraser Historic Church 4) Resolution 2014-12-10 Sharky's License agreement 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. 5) Resolution 2014-12-11 Rendezvous License Agreement Trustee Miller moved, and Trustee Soles seconded the motion to approve Directing the Town Manager to execute leases/licenses for Town property with the following individuals and/or entities. Motion carried: 7-0. m) Naming the following Town Officials: 1) Water Attorney: Chris Thorne, Holland & Hart 2) Fire Chief: Todd Holzwarth, East Grand Fire Protection District #4 3) Designate Chief of Police Glen Trainor as Emergency Response Authority Page 6 of 6 4) Town Engineer: Jim Swanson, JRS Engineering 5) Town Water Rights & Supply Engineer: HRS Water Consultants 6) Town Manager: Jeffrey L. Durbin Removed M4 from motion. Trustee Soles moved, and Trustee Naill seconded the motion to approve naming the following Town Officials, removing M4 from the motion. Motion carried: 7-0. n) Designating the Fraser Town Hall foyer as the Town's official posting location. Trustee Soles moved, and Trustee Miller seconded the motion to approve designating the Fraser Town Hall foyer as the Town's official posting location. Motion carried: 7-0. o) Resolution No. 2014-12-12, Renewing the Town's Three Mile Plan, as recommended by the Fraser Planning Commission and as authorized and required by Colorado State Statutes. Trustee Soles moved, and Trustee Miller seconded the motion to approve Resolution No. 2014-12-12, Renewing the Town's Three Mile Plan, as recommended by the Fraser Planning Commission and as authorized and required by Colorado State Statutes. Motion carried: 7-0. 8. Other Business: Trustee Soles moved, and Trustee Naill seconded the motion to adjourn. Motion carried: 7-0. Meeting adjourned at 10:10 p.m. e-Tr ofLi . &A a9A Lu Berger, Town Cler AL Is a� o. c= °' rn333U o �m0Ca =o n. r, C E U qOj Q yC = U) r.+ CXL a om Uui ) Q—Lo W O p $ C CjO $ d.2 = E ,., p C C E Z 'I E O• -.C_ O F- Xm �— ca _ £.. 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