Town Council
Regular MeetingErie, PA · November 10, 2015
Minutes
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
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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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