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Town Council

Regular Meeting

Erie, PA · November 10, 2015

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645 Holbrook Street TOWN OF ERIE Erie, CO 80516 Meeting Minutes - Final BOARD OF TRUSTEES MEETING Tuesday, November 10, 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 November 10, 2015 Regular Meeting of the Board of Trustees to order at 6:30 p.m. 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 Moore moved to approve the November 10, 2015 agenda with the following amendment; add a Proclamation to VI. Proclamations and Presentations, proclaiming December 4, 2015 Ugly Sweater Day in Erie; the motion was seconded by Trustee Charles. The motion was approved as amended. Aye: 7- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, Trustee Carroll, Trustee Moore, Trustee Schutt, and Trustee Woog IV. CONSENT AGENDA Trustee Schutt moved to approve the November 10, 2015 Consent Agenda; the motion was seconded by Trustee Charles. The motion carried with the following roll call vote: Aye: 7- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, Trustee Carroll, Trustee Moore, Trustee Schutt, and Trustee Woog 15-126 Approval of October 27, 2015 Meeting Minutes TOWN OF ERIE Page 1 Printed on 12/9/2015 BOARD OF TRUSTEES MEETING Meeting Minutes - Final November 10, 2015 15-131 Consideration of A Resolution Authorizing the Town to Purchase a Wheel Loader and Snow Plow from Power Equipment Company In the Amount of $223,119.00 15-133 Consideration of A Resolution Authorizing the Town to Sign a Letter From Community Development Group of Erie, Inc. Approving the Selection of AM West Construction, for the Raw Waterline Construction, With the Town’s Obligation In The Amount Of $575,875.64 15-134 Consideration Of A Resolution Making Certain Findings of Fact and Conclusions Favorable To The Vista Ridge Filing No. 12, First Amendment Plat and Accepting Dedications Thereto VI. PROCLAMATIONS AND PRESENTATIONS 15-137 Certificate of Appreciation From the Erie Police Department to the Great Western Bank Employees; Alicia Martinez, James Sites and Jennifer Donofrio The Erie Police Department presented a Certificate of Appreciation to Great Western Bank Employees; Alicia Martinez, James Sites and Jennifer Donofrio for their assistance in preventing a robbery. 15-136 Xcel Energy's Solar Connect Proposal - Todd Anderson, Community Services Manager for Northern Colorado Todd Anderson of Xcel Energy presented the Board with an overview of their new Solar Choice Program. Weld County RSVP Proclamation Mayor Harris read a proclamation from Weld County RSVP proclaiming December 4, 2015 Ugly Sweater Day in Erie. V. PUBLIC COMMENT Louis Meskers, 1933 Spruce Court, Erie, CO. spoke in favor of a ban on retail marijuana sales in Erie. Lauren Ely,2547 Wisteria Dr., Erie, CO. spoke against a ban on retail marijuana sales in Erie. Ray Schlott, 255 Meadow View, Erie, CO. spoke in favor of a ban on retail marijuana sales in Erie. TOWN OF ERIE Page 2 Printed on 12/9/2015 BOARD OF TRUSTEES MEETING Meeting Minutes - Final November 10, 2015 VII. RESOLUTIONS 15-103 A Resolution Authorizing The Town Of Erie, Colorado To Enter Into a Purchase and Sale Agreement For The Purchase Of Real Property From The Allan Farms; Authorizing And Directing The Appropriate Town Officers To Sign Said Purchase And Sale Agreement; And Setting Forth Details in Relation Thereto. In July 2011 the Town of Erie formally launched its open space preservation program and with the assistance of a land consultant successfully negotiated and purchased five properties using funds from our Trails and Natural Areas Fund. These acquisitions were chosen with a view to preserving parcels that offer unique open space values, consistent with the Erie Comprehensive Plan and the Parks, Recreation, Open Space and Trails Master Plan. The property recommended to purchase at this time, Allen Farms LLC, is located on the East side of 119th Street, North of Jasper Road. It is comprised of two parcels of land. The North parcel consists of 39.74 acres and the South parcel consists of 39.8 acres, for a total of 79.53 acres. The purchase price for the parcel is $15,000 per acre of land. Additionally the plan is to purchase 2 shares of Preferred New Consolidated water, 26 shares of Leyner Cottonwood ditch water, and 1.33 shares of Base Line Reservoir water. The need for water shares is to allow the Town to continue to maintain the intention of the property as agriculture. Per OSTAB request, the total cost recommended also includes estimates for a Phase I Environmental Audit, updated ALTA land survey, annexation into the Town of Erie, and an associated land management plan. The legal description for the property will be determined by an ALTA/ASCM Land Title Survey and the seller will provide all other documents required for the Town’s inspection and due diligence investigation. The purchase will proceed only if the Town’s investigation is satisfactory. Recently, the Open Space and Trails Advisory Board (OSTAB) the Town concluded negotiations with the owner of the property, through their attorney Mark Hunter. Both the OSTAB and the Town is recommending approval of the resolution to facilitate closing as agreed with the landowner, per approval of the Board of Trustees. Trustee Schutt moved to approve Agenda Item 15-103; the motion was seconded by Trustee Moore. The motion carried with the following roll call vote: Aye: 7- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, Trustee Carroll, Trustee Moore, Trustee Schutt, and Trustee Woog 15-127 PUBLIC HEARING: Consideration Of A Resolution Making Certain Findings of Fact and Conclusions Favorable To The Impact Rock Church Special Review Use. The applicant is requesting approval of a religious use in a 4,800 square foot suite of an existing 14,400 square foot building at 710 Austin Avenue. Impact Rock Church would use the suite for services, assembly, instruction, childcare, meeting, and offices. Title 10; Table 3-1 ‘Table of Permitted Uses’ of the Municipal Code indicates that a Religious use is a Special Review Use in the TOWN OF ERIE Page 3 Printed on 12/9/2015 BOARD OF TRUSTEES MEETING Meeting Minutes - Final November 10, 2015 Light Industrial zone district. A Religious Assembly is defined in the UDC as a use “primarily for non-profit purposes to provide assembly and meeting areas for religious activities. Accessory uses include parking, caretaker ’s housing, buildings ancillary to a religious function, pastor’s housing, and group living facilities such as convents. Examples include churches, temples, synagogues, and mosques. Accessory uses do not include schools, which shall require approvals as a separate primary use." The applicant submitted a Traffic Impact Letter from the church’s traffic engineer describing the trips generated by the proposed use and the peak time periods for those trips. 52 parking spaces are provided on site. In addition, the applicant has reached agreement with the property owner to the west allowing a portion of the adjacent parking lot to be utilized for church purposes. During the church’s services, the adjacent lot is unused or underutilized. The Town’s traffic consultant, Felsburg, Holt & Ullevig, has reviewed the documents and concurs that any impacts will be minor. A motion was made by Trustee Charles, seconded by Trustee Woog, that this Resolution be approved. The motion carried by the following vote: Aye: 7- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, Trustee Carroll, Trustee Moore, Trustee Schutt, and Trustee Woog 15-128 PUBLIC HEARING: Consideration Of A Resolution Making Certain Findings of Fact and Conclusions Favorable To The 710 Austin Avenue, 1st Amendment Site Plan. The applicant is requesting approval of a religious use in a 4,800 square foot suite of an existing 14,400 square foot building at 710 Austin Avenue. Impact Rock Church would use the suite for services, assembly, instruction, childcare, meeting, and offices. Title 10; Table 3-1 ‘Table of Permitted Uses’ of the Municipal Code indicates that a Religious use is a Special Review Use in the Light Industrial zone district. The applicant has submitted a separate Special Review Use application for which staff is recommending approval .Section 10.7.12.B.1.b of the Town’s Unified Development Code also requires Site Plan review for “Any change of use from 1 primary use classification to another (for example, residential use to commercial use).” Since the previous use was Leonard’s Golf, a Commercial Amusement, Indoor Use Type in the Commercial Use Category, and the new proposed use is a Religious Use Type in the Public/Institutional Use Category, the change in primary use from the Commercial Use Category to the Public/Institutional Use Category triggers the Site Plan review requirement. The Site Plan review performed by staff identifies that the existing building’s architecture does not meet some of the UDC’s requirements for Commercial and Public/Institutional design standards. In order to improve this deficiency, the applicant has provided modifications to the existing building’s exterior, including the adding of awnings to the north and west facades and a shelter to the south facade, to bring the building more into compliance with the UDC requirements. The applicant has requested alternative equivalent compliance for the remaining items detailed below. The Site Plan continues to meet the other requirements of the UDC including those items related to parking, access, landscaping, and other requirements in Chapters 2, 3, 4, and 6 of the UDC. TOWN OF ERIE Page 4 Printed on 12/9/2015 BOARD OF TRUSTEES MEETING Meeting Minutes - Final November 10, 2015 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 15-127 and 15-128 at 7:30 pm. Public Comment The following spoke in favor of approving Agenda Items 15-127 and 15-128: Grey Schulte, 497 Youngfield Ct. Erie, CO. Kim Bus, 1484 Hickory Dr., Erie, CO. Acacia Harper, 2343 Dogwood Dr., Erie, CO. Brad Ficek, 2203 Chestnut Circle, Erie, CO. Michael Freeman, 177 Montgomery, Dr., Erie, CO. Lexi Cirel; 1356 Carlson Avenue, Erie, CO. Lisa Knudsen, 1356 Carlson Avenue, Erie, CO. Jeff Fjelsted, 8504 Wiley Circle, Erie, CO. Hearing no one else wishing to make public comment, Mayor Harris closed the Public Hearing for Agenda Items 15-127 and 15-128 at 8:10 p.m. Trustee Charles moved to approve Agenda Item 15-128; the motion was seconded by Trustee Woog. The motion carried with all present voting in favor thereof. Aye: 7- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, Trustee Carroll, Trustee Moore, Trustee Schutt, and Trustee Woog VIII. 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 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 (FIRST READING) Mayor Harris opened the Public Hearing for Agenda Item 15-104 at 8:50 p.m. Hearing no one wishing to make comment on this item; Mayor Harris closed the Public Hearing for Agenda Item 15-104 at 8:55 p.m. This was the first reading for this Ordinance and it will be returned for Board Action at the December 8, 2015 Regular Meeting of the Town of Erie Board of Trustees. Mayor Harris moved to approve Agenda Item 15-088; the motion was seconded by Trustee Charles. The motion carried with a four (4) for and three (3) against vote; with Trustees Carroll, Moore and Schutt voting no. Aye: 4- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, and Trustee Woog Nay: 3- Trustee Carroll, Trustee Moore, and Trustee Schutt TOWN OF ERIE Page 5 Printed on 12/9/2015 BOARD OF TRUSTEES MEETING Meeting Minutes - Final November 10, 2015 15-104 Consideration of An Ordinance Amending the Town of Erie Standards and Specifications for Design and Construction of Public Improvements 2015 Edition; And, Setting Forth Details In Relation Thereto. First Reading The 2015 Edition of Standards and Specifications for Design and Construction of Public Improvements (Standards and Specifications) was adopted by the Board of Trustees in January 2015. In order to insure the Standards and Specifications are kept current, periodic updates are necessary. Since the last update, there have been changes in some industry standards and materials and construction practices that require updating this document. We have updated and reviewed these changes for the 2016 Edition of the Standards and Specifications and also made some clarifications. These Standards and Specifications are consistent with the most recent Unified Development Code . Per statute requirement, prior to consideration of the Ordinance, a Public Hearing should be held. Copies of the Ordinance along with the amended language are available in the Town Clerk’s Office for review. This Ordinance was introduced on first reading. IX. LAND DEVELOPMENT RESOLUTIONS AND ORDINANCES 15-106 PUBLIC HEARING: Consideration Of A Resolution Regarding The 119th Jasper Jay Annexations No. 1 through No. 13; Adopting Certain Findings Of Fact And Conclusions Favorable To The Annexation. The Town of Erie has submitted a Petition for Annexation for approximately 16.74 acres of unincorporated Boulder County property into the Town of Erie. The property proposed for annexation consists of road-right-of-way for North 119th Street, Jasper Road and Jay Road. The application has been processed in accordance with C.R.S. 31-12-101, et seq., as amended, and the Section 7.15, of the Town of Erie Unified Development Code. On September 22, 2015 the Board of Trustees held a Substantial Compliance hearing on the 119th Jasper Jay Annexation No. 1 through No. 13 Annexation Petition and established November 10, 2015 as the Public Hearing date for adopting Findings of Fact in favor of the proposed annexation. Mayor Harris opened the Public Hearing for Agenda Item 15-106 at 8:56 p.m. following Staff Presentation and hearing no one wishing to make comment on this item; Mayor Harris closed the Public Hearing at 9:15 p.m. Trustee Schutt moved to approve Agenda Item 15-106; the motion was seconded by Trustee Charles. The motion carried with a five (5) for and two (2) against vote with Trustees Moore and Carroll voting no. Aye: 5- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, Trustee Schutt, and Trustee Woog Nay: 2- Trustee Carroll, and Trustee Moore TOWN OF ERIE Page 6 Printed on 12/9/2015 BOARD OF TRUSTEES MEETING Meeting Minutes - Final November 10, 2015 15-107 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 1 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 1 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. Second Reading. The Town of Erie has submitted a Petition for Annexation for approximately 16.74 acres of unincorporated Boulder County property into the Town of Erie. The property proposed for annexation consists of road-right-of-way for North 119th Street, Jasper Road and Jay Road. The application has been processed in accordance with C.R.S. 31-12-101, et seq., as amended, and the Section 7.15, of the Town of Erie Unified Development Code. On September 22, 2015 the Board of Trustees held a Substantial Compliance hearing on the 119th Jasper Jay Annexation No. 1 through No. 13 Annexation Petition and established November 10, 2015 as the Public Hearing date for adopting Findings of Fact in favor of the proposed annexation. This was the first reading for Agenda Items 15-107 through 15-119. These items will be brought back for Board Action at the December 8, 2015 Regular Meeting of the Town of Erie Board of Trustees. This Ordinance was introduced on first reading. 15-108 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 2 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 2 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. Second Reading. This Ordinance was introduced on first reading. 15-109 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 3 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 3 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. Second Reading. This Ordinance was introduced on first reading. 15-110 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 4 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 4 TOWN OF ERIE Page 7 Printed on 12/9/2015 BOARD OF TRUSTEES MEETING Meeting Minutes - Final November 10, 2015 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. Second Reading. This Ordinance was introduced on first reading. 15-111 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 5 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 5 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. Second Reading. This Ordinance was introduced on first reading. 15-112 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 6 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 6 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. Second Reading. This Ordinance was introduced on first reading. 15-113 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 7 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 7 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. Second Reading. This Ordinance was introduced on first reading. 15-114 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 8 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 8 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. Second Reading. This Ordinance was introduced on first reading. TOWN OF ERIE Page 8 Printed on 12/9/2015 BOARD OF TRUSTEES MEETING Meeting Minutes - Final November 10, 2015 15-115 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 9 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 9 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. Second Reading. This Ordinance was introduced on first reading. 15-116 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 10 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 10 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. Second Reading. This Ordinance was introduced on first reading. 15-117 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 11 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 11 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. Second Reading. This Ordinance was introduced on first reading. 15-118 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 12 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 12 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. Second Reading. This Ordinance was introduced on first reading. 15-119 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 13 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 13 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. Second Reading. TOWN OF ERIE Page 9 Printed on 12/9/2015 BOARD OF TRUSTEES MEETING Meeting Minutes - Final November 10, 2015 This Ordinance was introduced on first reading. 15-120 PUBLIC HEARING: Consideration Of A Resolution Regarding The Strieby-Schofield Annexation; Adopting Certain Findings Of Fact And Conclusions Favorable To The Annexation. The Town of Erie has submitted a Petition for Annexation for approximately 38 acres of unincorporated Boulder County property into the Town of Erie. The application has been processed in accordance with C.R.S. 31-12-101, et seq., as amended, and the Section 7.15, of the Town of Erie Unified Development Code. On September 22, 2015 the Board of Trustees held a Substantial Compliance hearing on the Strieby-Schofield Annexation and established November 10, 2015 as the Public Hearing date for adopting Findings of Fact in favor of the proposed annexation. Due to the closeness of her residence to this property, Trustee Moore recused herself from Agenda Items 120; Item 121 and Item 122. She left the meeting at 9:15 p.m. and did not return. Mayor Harris opened the Public Hearing for Agenda Item 15-120 and 15-122 at 9:16 p.m. following Staff Presentation and hearing no one wishing to make comment on this item; Mayor Harris closed the Public Hearing at 9:27p.m. Trustee Charles moved to approve Agenda Item 15-120; the motion was seconded by Trustee Woog. The motion carried with all present all present voting in favor thereof. Aye: 6- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, Trustee Carroll, Trustee Schutt, and Trustee Woog Recused: 1- Trustee Moore 15-121 Consideration Of An Ordinance Annexing The Strieby-Schofield Properties, Pursuant To The Petition Of The Owner Thereof, To Be Known As The Strieby-Schofield Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. Second Reading. The Town of Erie has submitted a Petition for Annexation for approximately 38 acres of unincorporated Boulder County property into the Town of Erie. The application has been processed in accordance with C.R.S. 31-12-101, et seq., as amended, and the Section 7.15, of the Town of Erie Unified Development Code. On September 22, 2015 the Board of Trustees held a Substantial Compliance hearing on the Strieby-Schofield Annexation and established November 10, 2015 as the Public Hearing date for adopting Findings of Fact in favor of the proposed annexation This was the first reading for Agenda Items 15-121. This item will be brought back for Board Action at the December 8, 2015 Regular Meeting of the Town of Erie Board of Trustees. TOWN OF ERIE Page 10 Printed on 12/9/2015 BOARD OF TRUSTEES MEETING Meeting Minutes - Final November 10, 2015 This Ordinance was introduced on first reading. 15-122 Consideration Of An Ordinance Zoning The Strieby-Schofield Properties, Pursuant To The Petition Of The Owner Thereof, To AG/OS-Agricultural/Open Space; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. Second Reading. Concurrent with the annexation application, the Town filed an Initial Zoning application requesting initial zoning of AG/OS - Agricultural/Open Space for the Strieby-Schofield property. The Zoning application has been processed in accordance with C.R.S. 31-12-115, et seq., as amended, and Title 10, Chapter 7.4, of the Code. This was the first reading for Agenda Items 15-122. This item will be brought back for Board Action at the December 8, 2015 Regular Meeting of the Town of Erie Board of Trustees. Mayor Harris opened the Public Hearing for Agenda Item 15-120 and 15-122 at 9:16 p.m. following Staff Presentation and hearing no one wishing to make comment on this item; Mayor Harris closed the Public Hearing at 9:27p.m. This Ordinance was introduced on first reading. X. GENERAL BUSINESS 15-129 Sketch Plan Review - 4060 E. County Line Road The Sketch Plan review process provides an opportunity for the applicant to present their concept plan for an apartment development in the Old Town neighborhood. For the Sketch Plan review the Board of Trustees evaluates the development and gives comments to the applicant. There is no decision making related to the Sketch Plan application. The property address is 4060 E. County Line Road 2.73 acre site Located on the Northeast corner County Line Road / Balcolm Street in the Old Town neighborhood. The applicant proposes to build 40 apartment units in two buildings; with 4 detached garages; and additional surface parking lots. The apartment buildings are approximately 154 feet in length and 2 to 3 stories in height. The proposed apartment buildings are classified in the UDC as “Multi-family Dwelling” which is a Special Review Use in the OTR zone district. The applicant proposes to provide a ¼ acre pocket park on the east side of the property that is also labeled as a water quality / retention and detention facility. All other parks and open space dedications would be made as a fee in lieu. The maximum multi-family density allowed in the OTR zone district is 16 dwelling units per acre. The Sketch Plan proposes a density of 14.65 dwelling units per acre. This is within the maximum density allowed; however the application does not meet the required minimum lot TOWN OF ERIE Page 11 Printed on 12/9/2015 BOARD OF TRUSTEES MEETING Meeting Minutes - Final November 10, 2015 standards per dwelling unit. Each dwelling unit requires 3,000 square feet of lot area. The Sketch Plan proposal for 40 units on 2.73 acres does not meet the minimum net lot area requirement; 2.73 acres yields a maximum of 39 dwelling units. Additionally, the applicant will need to dedicate additional right of way on County Line Road and possibly Balcolm Street which would reduce the lots size and further reduce the number of dwelling units allowed on the site. During review of the Sketch Plan application, staff surveyed the surrounding property and found that the properties to the north, east and south were all single family homes that were one story and split level houses. Although staff is supportive of a higher density housing option on this site, as infill development, we believe that the massing and height, of the proposed apartment buildings, are not compatible with the surrounding single family homes. Staff would prefer to see a higher density housing product in smaller massed building sizes and heights that would better match the height, bulk and historic architectural characteristics found throughout the Old Town neighborhood. Staff also evaluated the potential impacts resulting from the proposed apartment development from a vehicular and pedestrian aspect. The applicant will be required to make necessary road right of way dedications and street improvements with development of the site . Staff is particularly concerned about the existing Balcolm and County Line Road intersection and will request further evaluation of the functionality of the existing intersection at Preliminary Plat. Additionally, we are recommending that at Preliminary Plat there be further evaluation of providing safe pedestrian access to a crossing guard location for children walking to the elementary school; and for safe access to the spine trail system to the south. Currently there is not a sidewalk on the east side of County Line Road in Old Town. Staff does not find the proposed apartments in character with the surrounding neighborhood and believes they would create an adverse impact on the surrounding uses. The Board requested revisions to the plan and to resubmit for additional review. 15-130 Erie Municipal Airport - Airport Master Plan Update The Erie Municipal Airport (EIK) Master Plan was introduced to Town Staff, the Airport Manager’s Advisory Group and the general public via an introductory meeting for the general public near the end of November 2012. A Trustee working session for the planning, consisting primarily of alternatives, was held earlier this year. ADG, the planning consultant was given direction by the Board of Trustees via Town Staff to prepare the draft plan in conformance with the following alternatives: Alternative No.1: Current FAA Standards (Improve airfield to accommodate current FAA airport design standards); Alternative No. 3B: Accommodate Winds with Runway Widening (from 60 feet to 100 feet wide); Alternative No. 4A: 220’ Runway Extension to 4,920 Feet; Alternative No. 5B: Moderate Landside Development (including conceptual new apron, hangars); Pending the Board of Trustee’s concurrence with the Draft Plan, the Draft Plan will be resubmitted to the FAA to go through an airspace review. This airspace review will take approximately 2 months. The Final Master Plan document will then be ready for the Board of Trustee’s adoption in January or February 2016. By general consensus of the Board, Staff was directed to include “Instrument Approach” to the Draft Plan. This will be added before the Draft Plan is submitted to the FAA. TOWN OF ERIE Page 12 Printed on 12/9/2015 BOARD OF TRUSTEES MEETING Meeting Minutes - Final November 10, 2015 15-132 601 Bonnell Avenue - Applicant Request For Landscape Installation Time Extension The velodrome owners have submitted a letter and diagram, to the Board of Trustees (BOT), requesting an extension of the BOT condition to install the landscaping within a year that was placed on the temporary certificate of occupancy (TCO) for the velodrome tract.. Timeline of Previous Board of Trustees Actions: July 13, 2010:Velodrome Site Plan and Special Review Use Applications Approved by BOT; October 14, 2014:At BOT meeting, during public comment, applicant requests TCO and \deferment of paving a portion Bonnell Avenue and landscape installation; December 16, 2014: BOT authorization of TCO with 1 year expiration; by which point the required landscaping was to be completed. By general consensus the Board granted an extension till June 30. 2016. XI. BOARD OF TRUSTEES REPORTS & APPOINTMENTS Trustee Carroll asked Staff about the status of the “Volunteer Page” on the Town website. Assistant to the Town Administrator Fred Diehl reported that updates had been made to the site. Mayor Harris noted that she wanted to form an Ad Hoc committee starting in April or May to study the question of retail marijuana sales in Erie. XII. ADJOURNMENT Trustee Charles moved to adjourn the November 10, 2015 Regular Meeting of the Town of Erie Board of Trustee; the motion was seconded by Trustee Woog. The motion carried with all present voting in favor thereof. Mayor Harris adjourned the November 10, 2015 Regular Meeting of the Town of Erie Board of Trustees at 11:05 p.m. TOWN OF ERIE Page 13 Printed on 12/9/2015

Agenda

645 Holbrook Street TOWN OF ERIE Erie, CO 80516 Meeting Agenda BOARD OF TRUSTEES MEETING Tuesday, November 10, 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 II. PLEDGE OF ALLEGIANCE AND ROLL CALL III. APPROVAL OF THE AGENDA IV. CONSENT AGENDA (The consent agenda is intended to contain items that are prepared to be decided without discussion. Any Board member may request removal of any item they do not want to consider without discussion or wish to vote no on, without jeopardizing the approval of other items on the consent agenda. Items removed will be placed under IX. General Business, a. in the order they appear on the Agenda.) (This should be done prior to the motion to approve.) 15-126 Approval of October 27, 2015 Meeting Minutes Title: Attachments: Minutes 15-131 Consideration of A Resolution Authorizing the Town to Purchase a Wheel Loader and Snow Plow from Power Equipment Company In the Amount of $223,119.00 Title: Attachments: Power Equipment Company Proposal.pdf Resolution TOWN OF ERIE Page 1 Printed on 11/10/2015 BOARD OF TRUSTEES MEETING Meeting Agenda November 10, 2015 15-133 Consideration of A Resolution Authorizing the Town to Sign a Letter From Community Development Group of Erie, Inc. Approving the Selection of AM West Construction, for the Raw Waterline Construction, With the Town’s Obligation In The Amount Of $575,875.64 Title: Attachments: Letter from Community Development Group of Erie, Inc Vicinity Map Resolution 15-134 Consideration Of A Resolution Making Certain Findings of Fact and Conclusions Favorable To The Vista Ridge Filing No. 12, First Amendment Plat and Accepting Dedications Thereto Title: Consideration Of A Resolution By The Board Of Trustees Of The Town Of Erie, Colorado Accepting Dedications As Shown On The Vista Ridge Filing No. 12, First Amendment Plat; Authorizing The Appropriate Town Official To Sign The Vista Ridge Filing No. 12, First Amendment Plat; Adopting Certain Findings Of Fact And Conclusions Favorable To The Acceptance Of The Dedications; And, Setting Forth Details In Relation Thereto. Attachments: A. Staff Memo B. Resolution C. Vista Ridge Filing No. 12, First Amendment Plat VI. PROCLAMATIONS AND PRESENTATIONS (This agenda item is intended to contain Presentations to the Board that do not require any Board action. Presentations are limited to fifteen (15) minutes. 15-137 Certificate of Appreciation From the Erie Police Department to Western Bank Employees; Alicia Martinez, James Sites and Jennifer Donofrio 15-136 Xcel Energy's Solar Connect Proposal - Todd Anderson, Community Services Manager for Northern Colorado V. PUBLIC COMMENT (This agenda item provides the public an opportunity to discuss items other than ordinances on second reading, public hearings and consent agenda items that are not on the agenda. The Board of Trustees is not prepared to decide on matters brought up at this time, but if warranted, will place them on a future agenda.) VII. RESOLUTIONS (This agenda item is for all matters that should be decided by resolutions.) TOWN OF ERIE Page 2 Printed on 11/10/2015 BOARD OF TRUSTEES MEETING Meeting Agenda November 10, 2015 15-103 A Resolution Authorizing The Town Of Erie, Colorado To Enter Into a Purchase and Sale Agreement For The Purchase Of Real Property From The Allan Farms; Authorizing And Directing The Appropriate Town Officers To Sign Said Purchase And Sale Agreement; And Setting Forth Details in Relation Thereto. Title: A Resolution Authorizing The Town Of Erie, Colorado To Enter Into a Purchase and Sale Agreement For The Purchase Of Real Property From The Allan Farms; Authorizing And Directing The Appropriate Town Officers To Sign Said Purchase And Sale Agreement; And Setting Forth Details in Relation Thereto. Attachments: Resoluton and Puchase and Sale Agreement 15-127 PUBLIC HEARING: Consideration Of A Resolution Making Certain Findings of Fact and Conclusions Favorable To The Impact Rock Church Special Review Use. Title: PUBLIC HEARING: Consideration of a Resolution By The Board Of Trustees Of Erie, Colorado Making Certain Findings Of Fact And Conclusions Favorable To The Special Review Use for Impact Rock Church; Imposing Conditions Of Approval; Approving Impact Rock Church Special Review Use With Conditions; And Setting Forth Details In Relation Thereto Attachments: A. Staff Memo B. Resolution C. Planning Commission Reso P15-33 and Draft Minutes D. Application Materials TOWN OF ERIE Page 3 Printed on 11/10/2015 BOARD OF TRUSTEES MEETING Meeting Agenda November 10, 2015 15-128 PUBLIC HEARING: Consideration Of A Resolution Making Certain Findings of Fact and Conclusions Favorable To The 710 Austin Avenue, 1st Amendment Site Plan. Title: PUBLIC HEARING: Consideration of a Resolution By The Board Of Trustees Of Erie, Colorado Making Certain Findings Of Fact And Conclusions Favorable To The Site Plan Amendment for 710 Austin Avenue; Imposing Conditions Of Approval; Approving The 710 Austin Avenue, 1st Amendment Site Plan With Conditions; And Setting Forth Details In Relation Thereto Attachments: A. Staff Memo B. Resolution C. Planning Commission Resolution P15-34 and Draft Minutes D. Original Site Plan E. Revised Site Plan Sheets F. Application Materials G. Neighborhood Meeting Exhibits VIII. 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 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) Title: Attachments: Ordinance 15-104 PUBLIC HEARING: Consideration of An Ordinance Amending the Town of Erie Standards and Specifications for Design and Construction of Public Improvements 2015 Edition; And, Setting Forth Details In Relation Thereto. (First Reading) Title: Attachments: SS Proposed Updates and Changes for 2016 Edition.doc Ordinance IX. LAND DEVELOPMENT RESOLUTIONS AND ORDINANCES TOWN OF ERIE Page 4 Printed on 11/10/2015 BOARD OF TRUSTEES MEETING Meeting Agenda November 10, 2015 15-106 PUBLIC HEARING: Consideration Of A Resolution Regarding The 119th Jasper Jay Annexations No. 1 through No. 13; Adopting Certain Findings Of Fact And Conclusions Favorable To The Annexation. Title: Attachments: Staff Memo Resolution 15-107 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 1 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 1 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. First Reading. Title: Attachments: Staff Memo Ordinance Annexation Map No. 1 15-108 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 2 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 2 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. First Reading. Title: Attachments: Staff Memo Ordinance Annexation Map No. 2 15-109 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 3 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 3 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. First Reading. Title: Attachments: Staff Memo Ordinance Annexation Map No. 3 TOWN OF ERIE Page 5 Printed on 11/10/2015 BOARD OF TRUSTEES MEETING Meeting Agenda November 10, 2015 15-110 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 4 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 4 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. First Reading. Title: Attachments: Staff Memo Ordinance Annexation Map No. 4 15-111 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 5 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 5 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. First Reading. Title: Attachments: Staff Memo Ordinance Annexation Map No. 5 15-112 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 6 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 6 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. First Reading. Title: Attachments: Staff Memo Ordinance Annexation Map No. 6 15-113 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 7 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 7 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. First Reading. Title: Attachments: Staff Memo Ordinance Annexation Map No. 7 TOWN OF ERIE Page 6 Printed on 11/10/2015 BOARD OF TRUSTEES MEETING Meeting Agenda November 10, 2015 15-114 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 8 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 8 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. First Reading. Title: Attachments: Staff Memo Ordinance Annexation Map No. 8 15-115 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 9 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 9 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. First Reading. Title: Attachments: Staff Memo Ordinance Annexation Map No. 9 15-116 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 10 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 10 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. First Reading. Title: Attachments: Staff Memo Ordinance Annexation Map No. 10 15-117 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 11 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 11 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. First Reading. Title: Attachments: Staff Memo Ordinance Annexation Map No. 11 TOWN OF ERIE Page 7 Printed on 11/10/2015 BOARD OF TRUSTEES MEETING Meeting Agenda November 10, 2015 15-118 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 12 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 12 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. First Reading. Title: Attachments: Staff Memo Ordinance Annexation Map No. 12 15-119 Consideration Of An Ordinance Annexing The 119TH Jasper Jay Annexation No. 13 Property, Pursuant To The Petition Of The Owner Thereof, To Be Known As The 119TH Jasper Jay Annexation No. 13 Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. First Reading. Title: Attachments: Staff Memo Ordinance Annexation Map No. 13 15-120 PUBLIC HEARING: Consideration Of A Resolution Regarding The Strieby-Schofield Annexation; Adopting Certain Findings Of Fact And Conclusions Favorable To The Annexation. Title: Attachments: Staff Memo Resolution 15-121 Consideration Of An Ordinance Annexing The Strieby-Schofield Properties, Pursuant To The Petition Of The Owner Thereof, To Be Known As The Strieby-Schofield Annexation To The Town Of Erie, Colorado; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. First Reading. Title: Attachments: Staff Memo Ordinance Annexation Map TOWN OF ERIE Page 8 Printed on 11/10/2015 BOARD OF TRUSTEES MEETING Meeting Agenda November 10, 2015 15-122 PUBLIC HEARING: Consideration Of An Ordinance Zoning The Strieby-Schofield Properties, Pursuant To The Petition Of The Owner Thereof, To AG/OS-Agricultural/Open Space; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. First Reading. Title: Attachments: Staff Memo Ordinance Initial Zoning Map X. GENERAL BUSINESS (This agenda item is reserved for matters that are ready for Board action, and do not fit into other categories, i.e. resolutions, ordinances…) 15-129 Sketch Plan Review - 4060 E. County Line Road Attachments: BOT Memo Draft Planning Commission Minutes Staff Reviews Application Materials 15-130 Erie Municipal Airport - Airport Master Plan Update Title: 15-132 601 Bonnell Avenue - Applicant Request For Landscape Installation Time Extension Title: Attachments: BOT Memo Applicant Request XI. STAFF REPORTS (This agenda item is reserved for specific items from Staff requiring Board direction or just relaying important information.) 15-102 Montex North & South – Grading and Stormwater Quality Permit Title: Attachments: 11-10-15 Montex North & South Early Grading Permit Vicinty Map TOWN OF ERIE Page 9 Printed on 11/10/2015 BOARD OF TRUSTEES MEETING Meeting Agenda November 10, 2015 15-105 Community Development Monthly Reports Title: Attachments: A. 2015/2014/2013 Building Permits to Projection Comparison 2015 11-10 BP's by Development Historic Erie Neighborhood Fees Waived 15-135 Economic Development Quarterly Update Attachments: 2015.11.10- Staff Report - ED Activity v1 XII. BOARD OF TRUSTEES REPORTS & APPOINTMENTS (This agenda item is for all Board of Trustees reports, Board & Commission Appointment, and items of information as well as Board discussion items, not listed on the agenda.) XIII. ADJOURNMENT (The Board’s Goal is that all meetings be adjourned by 10:30pm. An agenda check will be conducted at or about 10:00 p.m., and no later than at the end of the first item finished after 10:00 p.m. Items not completed prior to adjournment will generally be taken up at the next regular meeting.) TOWN OF ERIE Page 10 Printed on 11/10/2015

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