At Wednesday night’s Board of Trustees meeting, the trustees reviewed an appeal of service line repair charges for 237 Mill Ave, which had recently been sold by the appellant, Jay Clough. At closure, $1,697 had been deducted from Mr. Clough’s proceeds of the sale and Clough had submitted an appeal to the town, requesting a refund of the amount withheld.

The charges were for repair of an exposed service line on the property, the result of a trailer’s removal from the property which exposed the line. The town contracted Nick’s Dirt Works to service the repair, per town code, and invoiced Clough for the repairs.  

The trustees discussed the appeal and all agreed that the repairs were the expense of the homeowner and unanimously denied reimbursing the former owner for the cost of the repairs.

Trustees approve Marijuana Code revisions

Next, the trustees reviewed Ordinance 460, which amends Chapter 6, articles 5 and 7 of the town Marijuana Code.

Town Manager, Jeff Durbin, explained that the recent review and changes had been drafted as a result of a request from a local dispensary to allow later hours of operation, along with the town’s Economic Development Advisory Committee’s request to allow businesses the option to cultivate/grow marijuana, test and manufacture infused products within the town’s borders.  “Today, only dispensaries are allowed in the business district”, said Durbin. The amended language would allow a dispensary to operate in a business district or planned development district (PDD). Durbin noted that any business would still have to go through the application process, and, concerned citizens have an opportunity to discuss their concerns when someone applies for a license.

“Many letters have been submitted opposing the amendment to the code, because they believe they could open a business in the home next door”, which is inaccurate, per the code language. The businesses would only be allowed to operate in business districts.

A postcard had been sent out in October to Fraser homeowners advising them of the town’s consideration of amending the code, which garnered a lot of response, mainly in opposition to the town making any changes.

Mayor Pro-Tem Waldow observed, “I think the people that wrote emails were misinformed”. Many of the concerns expressed in the letters and emails are addressed by the code. “Amendment 64 says that we need to treat marijuana and alcohol the same, and marijuana users are much less violent than those who use alcohol”.

Trustee Miller went through the amended language and pointed out the inconsistencies in the definitions sections of the code language. He told the trustees he was not comfortable with the proposed changes.

Trustee Barwick stated, “I would point out, from a logical perspective, there’s no reason to discriminate, as long as it is within zoning”. The business still has to go through the applicant process, which is viewed individually. “While we are allowing it, we’re not approving anything,  we are just setting the boundaries.” if we are going to allow it in one part of town, there’s no reason not to allow it in another. “There is still a process”, said Barwick.

David Michel, of Igadi Ltd, told the trustees that he had been practicing marijuana law since 2009. Since opening the Tabernash location in 2015, Igadi holds 16 different licenses across Colorado in 7 jurisdictions. “We have done so without incident”, said Michel. “Opening up the planned development district is something we are in favor of.” Michel told the trustees that he had been in discussions with Grand Park. “With proper ordinance, Igadi is looking at adding a retail operation”, said Michel. He also pointed out the value of increased sales tax revenues that would be brought to the town. However, he added, “I don’t think 500 feet (between marijuana businesses) is adequate”, Michel suggested the town adopt a 1,000 foot distance, as in Denver, so as not to dilute the number of businesses in town. “Once this passes, we will have the opportunity to obtain a lease and apply for a license.”.

Mayor Pro-Tem Waldow said she felt extending the distance to 1,000 feet was too limiting, that available spots are minimal at 500 feet. “I’d like to leave it at 500 feet’.”

Trustee Quinn motioned to approve the amendments to the code, and Trustee Meyring seconded the motion. Trustee Miller cast the sole dissenting vote and the motion passed.


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