Town Council

645 Holbrook Street TOWN OF ERIE Erie, CO 80516 Meeting Minutes - Final BOARD OF TRUSTEES MEETING Tuesday, October 27, 2015 6:30 PM Board Room Study Session 5:45 PM Community Room; Regular Meeting 6:30 PM Board Room STUDY SESSION 5:45 PM IN THE COMMUNITY ROOM AGENDA FOR THE STUDY SESSION IS A DISCUSSION OF THE REGULAR MEETING AGENDA BELOW REGULAR MEETING 6:30 PM IN THE BOARD ROOM I. CALL MEETING TO ORDER Mayor Harris called the October 27, 2015 Regular Meeting of the Board of Trustees to order at 6:30pm. II. PLEDGE OF ALLEGIANCE AND ROLL CALL Present: 7- Mayor Pro Tem Gruber Mayor Harris Trustee Charles Trustee Carroll Trustee Moore Trustee Schutt Trustee Woog III. APPROVAL OF THE AGENDA Trustee Charles moved to approve the October 27, 2015 agenda with the following amendments; moving IV. Consent Agenda Item 15-082 VII. Resolutions; moving VI. Presentations item 15-098 before V. Public Comment and IX. General Business item 15-096 to VI. Presentations; the motion was seconded by Trustee Schutt. Aye: 7- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, Trustee Carroll, Trustee Moore, Trustee Schutt, and Trustee Woog IV. CONSENT AGENDA Mayor Pro Tem Gruber moved to approve the October 27, 2015 Consent Agenda as amended; the motion was seconded by Trustee Schutt. TOWN OF ERIE Page 1 Printed on 11/12/2015 BOARD OF TRUSTEES MEETING Meeting Minutes - Final October 27, 2015 Aye: 7- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, Trustee Carroll, Trustee Moore, Trustee Schutt, and Trustee Woog 15-087 Approval of the October 13, 2015 Meeting Minutes 15-093 Approval of the October 20, 2015 Special Meeting Minutes 15-083 A Resolution Authorizing the Purchase of an Ultrasound Predictive Maintenance Equipment From SDT North America Co. In The Amount of $11,340.00 15-084 A Resolution Authorizing the Purchase of a Buoy System for Source Water Monitoring of Erie Lake From YSI Inc. In the Amount of $21,958.00 15-085 A Resolution Authorizing the Purchase of Emergency Repairs for the FKC Screw Press at the North Water Reclamation Facility. In the Amount of $14,582.00 VI. PROCLAMATIONS AND PRESENTATIONS 15-098 Star Award: Special Thanks and Recognition STAR AWARD-SPECIAL THANKS AND RECOGNITION The STAR Award has been created to recognize and express appreciation for services rendered by Town employees who demonstrate exceptional service and/or performance in one or more of the following categories: Customer Service; Safety; Creativity; Teamwork and Outstanding Achievement. Recipients of the STAR Award are recognized at regularly scheduled Town Board meetings and are presented with the STAR Award and also have their name added to the STAR Award plaque displayed in the Board Room at Town Hall. The Town recognized three employees as Town of Erie STAR Award recipients; Matt Wiederspahn, Development Engineer; Todd Bjerkaas, Senior Planner and Paula Mehle, Economic Development Coordinator. Each of these individuals is being recognized for demonstrating exceptional customer service and performance for work completed during the King Soopers Marketplace project. Each will receive the award for Outstanding Achievement. VI. PUBLIC COMMENT Brian Cope, 71 Erie Parkway, Erie, CO. spoke in favor of a ban on retail marijuana sales in Erie. Louis Meskers, 1933 Spruce Court, Erie, CO. spoke in favor of a ban on retail marijuana sales in Erie. Katharina Booth, 2314 Dogwood Circle, Erie, CO. spoke in favor of a ban on retail marijuana sales in Erie. Kyle Roth, 2829 Prince, Erie, CO. asked to the Board to continue the moratorium on retail marijuana sales in Erie. TOWN OF ERIE Page 2 Printed on 11/12/2015 BOARD OF TRUSTEES MEETING Meeting Minutes - Final October 27, 2015 Deandrea Arndt, 828 Lehigh Circle, Erie, CO. spoke in favor of a ban on retail marijuana sales in Erie. Fred Mahe, 463 Woodson Drive, Erie, Co. spoke in favor of a ban on retail marijuana sales in Erie. VII. PROCLAMATIONS AND PRESENTATIONS 15-094 Erie Chamber of Commerce 2016 Budget Request Erie Chamber of Commerce Budget Presentation Request-Chamber President Sandy Hutzley and Executive Director Elle Cabbage presented the 2015 Budget Request to the Board of Trustees. 15-095 Erie Economic Development Council 2016 Budget Request Erie Economic Development Council Budget Presentation Request-Chaior Chris Comps and Vice Chair John Jacquat presented the 2015 Budget Request to the Board of Trustees. 15-096 Historic Preservation Board 2016 Budget Request The Board directed staff to add $10,000.00 to the 2016 proposed Budget for the Historic Preservation Board This General Business was approved with conditions. VIII. RESOLUTIONS 15-082 A Resolution Authorizing Award Of A Construction Contract To 53 Corporation LLC., For the Coal Creek Drop Structure Repair Project In The Amount of $172,024.61; And Setting Forth Details In Relation Thereto. The Storm Drainage Operating Capital Improvement Budget includes funds for Drainage Facility Maintenance and Repair. This account is for potential drainage maintenance and repair projects that were not anticipated when the 2015 budget was prepared. During the 2013 flood, a pedestrian bridge and drop structure on Coal Creek was damaged. The Town utilized FEMA, State and CWCB funding to repair the damage. The FEMA funding allowed the structures to be repaired to original conditions . The construction of the repair was complete in the fall of 2014. During the spring of 2015, Coal Creek experienced over a month of continuous high flows. The establishment of vegetation takes a few years to complete . Because the vegetation had not established on the sides of the drop structure, the soil around the drop structure eroded causing the drop structure to fail. Because this drop structure is needed to protect an TOWN OF ERIE Page 3 Printed on 11/12/2015 BOARD OF TRUSTEES MEETING Meeting Minutes - Final October 27, 2015 upstream sanitary sewer crossing of Coal Creek, and to enable the Erie Coal Creek Ditch to divert water at its head gate, Staff selected it as a project to utilize the Drainage Facility Maintenance and Repair funding. An Invitation to bid was posted on the Town’s website on September 22, 2015 to ensure that local contractors were notified about this project. No Erie contractors submitted bids. The low bidder is 53 Corporation, LLC. They constructed the original improvements, and constructed the new Pedestrian crossing of Coal Creek near Bonnell Ave which was completed earlier this year. Staff is recommended awarding the construction contract for the Coal Creek Drop Structure Repair Project to 53 Corporation, LLC in the amount of $172,024.61. Mayor Pro Tem Gruber moved to approve Agenda Item 15-082; the motion was seconded by Trustee Woog Aye: 7- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, Trustee Carroll, Trustee Moore, Trustee Schutt, and Trustee Woog 15-090 PUBLIC HEARING: Consideration Of A Resolution Making Certain Findings of Fact and Conclusions Favorable To The Vista Ridge Filing No. 12, 1st Amendment Preliminary Plat The application is in Compliance with the Land Use designations on the Comprehensive Plan, Land Use Plan Map. This property allows for High Density Residential, Medium Density Residential and Regional Commercial land uses. The application is in Compliance with the Land Use designations on the Comprehensive Plan, Land Use Plan Map. This property allows for High Density Residential, Medium Density Residential and Regional Commercial land uses. The residential uses and density proposed are in compliance with the Vista Ridge PD Development Plan for Planning Area 7-3. The applicant’s site plan proposal includes 144 units distributed among 36 4-unit Manor Home in Vista Ridge Filing No. 12, 1st Amendment. The buildings are proposed on 3 lots as shown in this preliminary plat with sizes of 1.641, 2.928, and 3.465 acres. A Site Plan application is being processed concurrent with this preliminary plat. As required by the Municipal Code a Neighborhood Meeting was held on April 22, 2015 at 6:15 p.m. at the Vista Ridge Community Center. The required notice for the Neighborhood Meeting was provided. Action: Prior to opening the Public Hearing, Mayor Harris asked that if anyone wishing to address the Board of Trustees on this matter please raise your right hand and swear and affirm that the evidence and testimony that you are about to give is true, Mayor Harris opened the Public Hearing for Agenda Item 15-090 at 7:40 pm. Public Comment Ward Ritter, Chartered Development, 3160 Vista Village Dr. Erie, CO. presented as the applicant. Paul Ratliff, Anadarko Onshore, 1099 18th Street, Denver, CO. Asked that an objection on behalf of Anadarko be noted for the record. TOWN OF ERIE Page 4 Printed on 11/12/2015 BOARD OF TRUSTEES MEETING Meeting Minutes - Final October 27, 2015 James Spehalski, Marathon Land Co. , 9750 Cambridge Pl. Littleton, CO. answered question from the Board of Trustees. Action: Hearing no one else wishing to make public comment, Mayor Harris closed the Public Hearing for Agenda Item 15-090 at 8:01 p.m. Trustee Charles moved to approve Agenda Item 15-090; the motion was seconded by Mayor Pro Tem Gruber. Aye: 7- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, Trustee Carroll, Trustee Moore, Trustee Schutt, and Trustee Woog 15-091 PUBLIC HEARING: Consideration Of A Resolution Making Certain Findings of Fact and Conclusions Favorable To The Sierra Vista Preliminary Plat The Sierra Vista Preliminary Plat proposes development of 169 single family lots throughout the LR zoned portion of the property and 1 commercial future development tract in the CC zoned district. 7 additional tracts are shown to accommodate open space, a park, landscaping, access, and utilities in the Sierra Vista Preliminary Plat. The application is in Compliance with the Land Use designations on the Comprehensive Plan, Land Use Plan Map. This particular property allows Mixed Use and Community Commercial land uses. The Board of Trustees approved the LR - Low Density Residential and CC - Community Commercial zoning districts for the Sierra Vista property at the October 14, 2014 Board of Trustees meeting. As required by the Municipal Code a Neighborhood Meeting was held on September 21, 2015 at 6:00 p.m. at the Anthem Highlands Community Center. The required notice for the Neighborhood Meeting was provided. Public Notice was provided as required. Public Comment Matt Diebel, and Jeff Handlin of Highway 7 & Bonanza LLC, 9033 E. Easter Place, Centennial, CO. made a presentation on behalf of the applicant. Action: At the request of the applicant, this agenda item was removed from the Agenda. The Public Hearing was closed and no further action was taken on this item. Action: Mayor Harris called for a break at 9:28 p.m. and reconvened the meeting at 9:37 p.m. This Resolution was withdrawn. IX. ORDINANCES 15-088 An Ordinance Of The Town Of Erie, Colorado Amending Title 4, “Business Regulations,” Of The Erie Municipal Code Of The Town Of Erie, Colorado TOWN OF ERIE Page 5 Printed on 11/12/2015 BOARD OF TRUSTEES MEETING Meeting Minutes - Final October 27, 2015 By Adding A New Chapter 11, “Retail Marijuana Business Prohibition,” Prohibiting Marijuana Cultivation Facilities, Marijuana Product Manufacturing Facilities, Marijuana Testing Facilities, And Retail Marijuana Stores In The Town; Setting Forth Details In Relation Thereto (SECOND READING) This Ordinance was introduced on first reading. 15-089 An Ordinance Of The Town Of Erie, Colorado Extending Until December 31, 2016 The Existing Moratorium On The On The Submission, Acceptance, Processing And Approval Of Applications And The Licensing, Permitting, Establishment Or Operation Of Any Recreational Marijuana Business That Sells, Cultivates, Manufactures, Prepares, Packages, Purchases, Tests, Or Otherwise Provides For Or Allows For The Use Of Marijuana Or Marijuana Products Pursuant To Amendment 64 Approved By The Voters Of The State Of Colorado At The November 6, 2012, General Election, And Codified As Article XVIII Section 16 Of The Colorado Constitution; And, Declaring An Emergency Therefore (TWO READINGS) Action: Following Board discussion, Staff was directed to bring back Agenda Item 15-088 Prohibiting Marijuana Cultivation Facilities, Marijuana Product Manufacturing Facilities, Marijuana Testing Facilities, and Retail Marijuana Stores in the Town to the November 10, 2015 Regular Meeting for Board Action. This Ordinance was introduced on first reading. X. BOARD OF TRUSTEES REPORTS & APPOINTMENTS Trustee Moore expressed displeasure with the above ground utility poles on Arapahoe Road that were recently installed to service the Compass Subdivision and asked staff to request a meeting with Xcel to discuss undergrounding the service and the cost. Trustee Charles thanked the Board for their continued support of Historic Preservation Board. Mayor Pro Tem Gruber attended CML legislative policy committee meeting and will have a report at the next meeting. Action: Mayor Harris moved to cancel the Town of Erie Urban Renewal Authority scheduled to follow this meeting. The motion was seconded by Trustee Charles; the motion carried with all present voting in favor thereof. Action: Mayor Harris moved to cancel the November 24, 2015 and the December 22, 2015 regularly scheduled meetings of the Town of Erie Board of Trustees. The motion was seconded by Trustee TOWN OF ERIE Page 6 Printed on 11/12/2015 BOARD OF TRUSTEES MEETING Meeting Minutes - Final October 27, 2015 Woog. The motion carried with all present voting in favor thereof. XI. ADJOURNMENT Trustee Schutt moved to adjourn the October 27, 2015 Regular Meeting of the Town of Erie Board of Trustees; the motion was seconded by Mayor Pro Tem Gruber. Mayor Harris adjourned the October 27, 2015 Regular Meeting of the Town of Board of Trustees at 11:00 p.m. Aye: 7- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, Trustee Carroll, Trustee Moore, Trustee Schutt, and Trustee Woog TOWN OF ERIE Page 7 Printed on 11/12/2015