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.
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