Town Council

645 Holbrook Street TOWN OF ERIE Erie, CO 80516 Meeting Minutes - Final BOARD OF TRUSTEES MEETING Tuesday, February 9, 2016 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 February 9, 2016 Regular Meeting of the Town of Erie Board of Trustees to order at 6:30 pm. II. PLEDGE OF ALLEGIANCE AND ROLL CALL Present: 6- Mayor Pro Tem Gruber Mayor Harris Trustee Charles Trustee Moore Trustee Schutt Trustee Woog Absent: 1- Trustee Carroll III. APPROVAL OF THE AGENDA Trustee Charles moved to approve the February 9, 2016 Agenda; the motion was seconded by Trustee Schutt. The motion carried with all present voting in favor thereof. IV. CONSENT AGENDA Trustee Schutt moved to approve the February 9, 2016 Consent Agenda; the motion was seconded by Trustee Moore. The motion carried with the following roll call vote: Aye: 6- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, Trustee Moore, Trustee Schutt, and Trustee Woog 16-066 Approval of the January 26, 2016 Meeting Minutes 16-046 An Ordinance Of The Town Of Erie, Colorado, Amending Title 2, “Revenue TOWN OF ERIE Page 1 Printed on 2/25/2016 BOARD OF TRUSTEES MEETING Meeting Minutes - Final February 9, 2016 And Finance,” Of The Erie Municipal Code By Repealing And Deleting Chapter 9, “Incentive Plans And Programs;” And, Setting Forth Details In Relation Thereto. (SECOND READING) 16-062 A Resolution Authorizing Award of a Construction Contract To Western States Reclamation, Inc., For the Boulder Creek Improvements Project In The Amount of $46,021.80; And Setting Forth Details In Relation Thereto. 16-067 A Resolution Authorizing the Town Of Erie, Colorado, to Enter Into a First Amendment to Personal Services Contract With Willard B. Hardesty, Esq. for Services as Municipal Court Judge; Authorizing and Directing the Appropriate Town Officers to Sign Said First Amendment 16-075 A Resolution Approving an Exhibits and Events Contract with Global Experience Specialists, Inc. V. PUBLIC COMMENT Steve Schwarting-2452 Gorce Court, Erie, CO.: Asked the Board to reconsider the number of animals allowed per residense. Would like to see less than five dogs per household allowed. VI. PROCLAMATIONS AND PRESENTATIONS 16-069 St. Vrain Valley School District Update - Dr. Don Haddad 16-077 2016 Erie Farmers Market Update-Kelly Williams VII. RESOLUTIONS 16-074 A Resolution Authorizing The Town Of Erie, Colorado, To Waive Certain Specific Building Permit Fees For The Mountain View Fire Protection District Fire Station; And, Setting Forth Details In Relation Thereto. Trustee Schutt moved to approve Agenda Item 16-074; the motion was seconded by Mayor Pro Tem Gruber. The motion carried with the following roll call vote: Aye: 5- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, Trustee Schutt, and Trustee Woog Nay: 1- Trustee Moore VIII. ORDINANCES 16-058 An Ordinance of the Town of Erie Colorado, Revising the Provisions of the Municipal Code of the Town of Erie at Title 6, “Police and Traffic Regulations to Animals,” Chapter 7, “Offenses Related to Animals,” Enacting Title 6, Chapter 7, Section 6-7-9 “Dog Parks” Setting Forth Details in Relation Thereto. TOWN OF ERIE Page 2 Printed on 2/25/2016 BOARD OF TRUSTEES MEETING Meeting Minutes - Final February 9, 2016 The Town of Erie Parks and Recreation Department is in the process of constructing an off-leash dog park, The Boneyard at Reliance Park, 900 Weld County Road 1.5 (North Briggs Street). This new amenity to the Town’s park system requires a change to the current municipal code Chapter “Offenses Related to Animals” as it pertains to off leash animals. In cooperation with the Police Department, Parks and Recreation staff are requesting the following changes to Title 6, Police and Traffic Regulations to Animals: Revise Section 6-7-2 entitled “Definitions” to include the following: KEEPER: A person who has custodial or supervisory authority or control over an animal. RUN AT LARGE: Off the premises of the owner or keeper, not restrained by means of an adequate leash and under the control of the owner or keeper, or other competent person. For purposes of this definition, the premises of the owner shall not include common areas of condominiums, town houses, and apartment buildings, and any animal not restrained by means of an adequate leash and in direct control of its owner or keeper upon the common area of a condominium, town house or apartment building, or the grounds thereof, shall be deemed to be running at large. A dog shall not be deemed to be running at large when the dog is within the enclosed confines of a Town designated dog park. Revise Section 6-7-3.C. entitled “Restraint and Control” to read as follows: No owner or keeper shall allow his dog to run at large, as that term is defined in this Chapter. Every owner or keeper of a dog shall keep such dog exclusively upon his own premises; provided that such dog may be off such premises if it is under the control of a competent person who is able to control the dog, and restrained by a leash not exceeding fifteen (15) feet in length and in a manner as to not have access to any passerby. Any owner or keeper with a dog at a designated dog park shall be governed by the provisions at Section 6-7-9, “Dog Parks.” Adopt and enact new Section 6-7-9 entitled “Dog Parks” as follows: 6-7-9: DOG PARKS: a. At any Town designated dog park, the owner or keeper of a dog may allow the dog to be at large off leash within the enclosed confines of the dog park, subject to the requirements set forth in this section. Any violation of this section is designated non-criminal in nature. Upon conviction, the penalties set forth at Section 1-4-4.A. shall apply. 1. Owners/keepers shall obey the hours and rules of the dog park as posted. 2. Owners/keepers shall keep their dogs on a leash held by a person able to control the dog(s) when entering and exiting the fenced enclosure of the dog park. 3. Dogs must be accompanied by a competent person able to control the dog(s) when inside the dog park. 4. Owners/keepers shall not allow their dogs to aggressively chase or harass wildlife or other dogs. “Harass” as used herein includes, but is not limited to, excessive barking or nipping, tackling or other aggressive behavior toward another dog. 5. Owners/keepers shall not leave their dog unattended at the dog park. 6. Owners/keepers shall promptly remove dog feces and dispose in the designated trash container at the dog park. 7. Owners/keepers shall not bring any of the following dogs into the dog park: a. Vicious or aggressive dogs; b. Female dogs in heat; c. Dogs without a current rabies vaccination tag and town license tag attached to the collar worn by the dog; TOWN OF ERIE Page 3 Printed on 2/25/2016 BOARD OF TRUSTEES MEETING Meeting Minutes - Final February 9, 2016 d. Dogs known to be ill or exhibiting signs of illness. 8. Any person who brings a dog to a dog park shall be considered the owner/keeper for purposes of this Section. 9. Anyone entering a designated dog park assumes the risk of injury and property damage caused by their dogs to other dogs, other persons or any of the facilities at the dog park. By entering the dog park, every person agrees to release the Town and its employees from liability for injuries or property damage caused by any act or omission of the Town or its employees. The owner /keeper assumes liability for any injury or property damage to persons or other dogs caused by their dog(s). This was the first reading of Agenda item 16-058. This ordinance will be brought back for Board action at the February 23, 2016 Regular Meeting of the Town of Erie Board of Trustees. 16-071 An Ordinance Of The Town Of Erie, Colorado, Revising Provisions Of The Municipal Code Of The Town Of Erie, At Title 1, “Administration And Personnel,” Chapter 4, “Municipal Court; General Penalty,” Section 1-4-6.A, “Violations And Penalties Enumerated” And Section 1-4-6.B, “Violations And Penalties Enumerated,” And Setting Forth Details In Relation Thereto. In October 2015 the Colorado Court of Appeals issued a decision on a Lafayette municipal court case involving the issue of whether a particular defendant was entitled to a jury trial. Based on the ruling from that decision (which is binding because there was no appeal of the decision to the Colorado Supreme Court), and considering specific statutory provisions, there is the need to revise one provision of the Erie Municipal Code related to noncriminal / criminal violations and penalties. In brief, if there is a “state counterpart statute” to a local ordinance provision, and that statutory provision provides for a possible jail sentence upon conviction, then the local provision is deemed to be a “petty offense” and the defendant so charged is entitled to a jury trial. The only provision listed as a noncriminal violation at EMC 1-4-6.A. that has a counterpart state statute that provides for a jail sentence upon conviction is ‘public indecency’. That charge should be designated as a criminal violation at EMC 1-4-6.B. The ordinance re-classifies the charge of ‘public indecency’ as a criminal violation. This was the first reading of Agenda item 16-071. This ordinance will be brought back for Board action at the February 23, 2016 Regular Meeting of the Town of Erie Board of Trustees. 16-073 An Ordinance Of The Town Of Erie, Colorado, Amending Title 3, “Boards And Commissions,” Of The Municipal Code Of The Town Of Erie; Adding A New Chapter 2, “Airport Advisory Board;” And, Setting Forth Details In Relation Thereto. (FIRST READING) TOWN OF ERIE Page 4 Printed on 2/25/2016 BOARD OF TRUSTEES MEETING Meeting Minutes - Final February 9, 2016 Mayor Pro Tem Gruber moved to amend the wording of this Ordinance to include in section 3-2-1 "At lease two (2) members shall be individuals who do not hold a valid pilots license or own or lease a stake in an airplane" and section 3-2-2 to remove "without leave of absence approved by majority of the airport advisory board" and to include in section 3-2-4 "All meetings shall require public notification similar to all other Town advisory boards" and to include in section 3-2-5 "G. To report to the Town of Erie Board of Trustees on a quarterly basis.; H. To assure that all elements of the Operating Agreement are in force and operation and to amend wording in section 3-2-6 B. from annually to quarterly regarding presentations to the Board of Trustees. The motion was seconded by Trustee Moore. Following Baord Discussion Mayor Pro Tem withdrew his motion and Trustee Moore withdrew her second. Mayor Pro Tem Gruber moved to table this item indefinitley; the motion was seconded by Trustee Woog. The motion failed with a tie vote with Mayor Harris and Trustees Schutt and Charles voting no. Trustee Charles moved to continue this item as a First Reading and to include Mayor Pro Tem Grubers amendments to be brought back to the next regular meeting of the Board of Trustees. The motion was seconded by Trustee Woog. The motion carried with all present voting in favor thereof. IX. BOARD OF TRUSTEES REPORTS & APPOINTMENTS Trustee Moore requested we post for upcoming vacancies on the Open Space and Trails Board. Mayor Pro Tem Gruber asked for feed back from Gary Behlen, Public Works Director on the recent snow removal in Town. Mr. Behlen is compiling information and will be bringing it back to the Board. Trustee Woog inquired about the status of the safety issue on Briggs Street, at the entrance to the commercial properties. Public Works is still working on a report on this issue. Mayor Harris asked if any Board members would be interested in participating in Mayors and Commissioners Coalition in Washington DC in April to discuss transportation issues. The Mayor also asked if any Board member was interested in participating in the ICSC event in May. Lastly the Mayor asked Public Works to look at traffic issue around the elementary school and also the possibility of additonal stop signs on Briggs Street. X. ADJOURNMENT Trustee Shcutt moved to adjourn the February 9, 2016 Regular Meeting of the Town of Erie Board of Trustees; the motion was seconded by Trustee Woog. The motion carried with all present voting in favor thereof. Mayor Harris adjourned the meeting at 7:43 p.m. TOWN OF ERIE Page 5 Printed on 2/25/2016