Town Council

645 Holbrook Street TOWN OF ERIE Erie, CO 80516 Meeting Minutes - Final BOARD OF TRUSTEES MEETING Tuesday, February 23, 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 23, 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 Carroll Trustee Moore Trustee Woog Excused: 1- Trustee Schutt III. APPROVAL OF THE AGENDA Mayor Pro Tem Gruber moved to approve the February 23, 2016 Agenda with the amendment of moving Agenda Item 16-082 from the IV. Consent to VII. Resolutions; the motion was seconded by Trustee Moore. The motion carried with all present voting in favor thereof. IV. CONSENT AGENDA Mayor Pro Tem Gruber moved to approve the Consent Agenda as amended; the motion was seconded by Trustee Charles. The motion carried with the following roll call vote: Aye: 6- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, Trustee Carroll, Trustee Moore, and Trustee Woog 16-080 Approval of the February 9, 2016 Regular Meeting Minutes 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 TOWN OF ERIE Page 1 Printed on 3/11/2016 BOARD OF TRUSTEES MEETING Meeting Minutes - Final February 23, 2016 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. 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. 16-079 A Resolution Awarding A Service Contract to Metro Pavers, Inc. For Asphalt Repair Services In The Amount Of $78,300; And Setting Forth Details In Relation Thereto. 16-081 A Resolution Awarding A Service Contract to Haynes Mechanical Systems For HVAC Maintenance Services In The Amount Of $20,650.04; And Setting Forth Details In Relation Thereto. 16-086 A Resolution Adopting the Weld County Multi-Hazard Mitigation Plan V. PUBLIC COMMENT John Jacquat, 500 Briggs Street, ERie, CO. provided the Board with an update on Erie Economic Developement activities. Dennis Nowak, 11577 Billings Avenue, Lafayette, CO. spoke against approval of the updated Wise Farm Sketch Plan Lois Przywitowski, 11619 Billings Avenue, Lafayette, CO. spoke against approval of the updated Wise Farm Sketch Plan. Kevin Bach, 341 Dusk Place, Erie, CO. spoke in favor of approval of the Design Agreement for Colliers Hill Neighborhood Park. Mary Beggs, 12134 Jasper Road, Erie, CO. spoke against approval of the updated Wise Farm Sketch Plan. Brett Miller, 281 Dusk Place, Erie, Co. spoke in favor of approval of the Design Agreement for Colliers Hill Neighborhood Park. Kathy TePoel. 12050 Jasper Road, Erie, CO. spoke against approval of the updated Wise Farm Sketch Plan. Rita Ellis, 12110 Jasper Road, Erie, CO. spoke against approval of the updated Wise Farm Sketch Plan. Suzanne Engert, 11686 Flatiron Rd. Erie, CO. spoke against approval of the updated Wise Farm Sketch Plan. Karl Volz, 11587 Jasper Road, Erie, CO. spoke against approval of the updated Wise Farm Sketch Plan. Jerry Heim, Billings Avenue, Erie, CO. spoke against approval of the updated Wise Farm Sketch Plan. TOWN OF ERIE Page 2 Printed on 3/11/2016 BOARD OF TRUSTEES MEETING Meeting Minutes - Final February 23, 2016 VI. PROCLAMATIONS AND PRESENTATIONS 16-083 Proclaim March 2016 as National Nutrition Month in Erie, Colorado. Erie Parks & Recreation Active Adult Program is celebrating National Nutrition Month, a nutrition education and information campaign created annually in March by the Academy of Nutrition and Dietetics. The campaign focuses attention on the importance of making informed food choices and developing sound eating and physical activity habits. The theme for 2016 is "Savor the Flavor of Eating Right," which encourages everyone to take time to enjoy food traditions and appreciate the pleasures, great flavors and social experiences food can add to our lives. 16-087 Xcel Energy LED Street Light Program Xcel Energy is rolling out their LED streetlight conversion program in Colorado in 2016 and has invited the Town of Erie to participate. Xcel is offering three conversion options: Option A requires zero upfront costs from the Town, and Xcel Energy will pay 100% of the costs to convert cobra head fixtures to new, energy-efficient LED fixtures. Bill savings would be up to 7 percent. Option B is the flexible upgrade plan but requires the Town to pay 100% of the conversion costs for the new LED fixtures, plus the cost of retiring the existing cobra head fixtures and lamps. Bill savings would be higher than Option A - up to 19 percent. Option C - as this is a voluntary program the Town may choose to opt out. VII. RESOLUTIONS 16-082 A Resolution Of The Town Of Erie, Colorado Approving Bylaws For The Erie Historic Preservation Advisory Board In Accordance With Title 3, “Boards And Commissions,” Chapter 3, “Historic Preservation Advisory Board,” Section 3-3-5 C. 2. Of The Town Of Erie Municipal Code; And, Setting For Details In Relation Thereto. Trustee Charles moved to approve Agenda Item 16-082; the motion was seconded by Mayor Pro Tem Gruber. The motion carried with the following vote: Aye: 6- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, Trustee Carroll, Trustee Moore, and Trustee Woog 16-085 A Resolution Authorizing The Town Of Erie, Colorado To Enter Into an Agreement with Community Development Group to Share Design Costs for the Colliers Hill Neighborhood Park; Authorizing and Directing the Appropriate Town Officers to Sign Said Agreement; And Setting Forth Details in Relation Thereto. The Bridgewater Annexation Agreement dated October 9, 2007 requires neighborhood parks to be dedicated and constructed in accordance with the Approved PUD and Municipal Code, Title 10. A neighborhood park per the annexation agreement is defined as up to three acres of irrigated blue grass and one pocket park equivalent. The Town of Erie and Community Development Group (CDG) are now ready to move forward with the requirement. We have mutually selected a consultant to complete the design process up to and including construction documents. It is in the best interest of the Town to master TOWN OF ERIE Page 3 Printed on 3/11/2016 BOARD OF TRUSTEES MEETING Meeting Minutes - Final February 23, 2016 plan the neighborhood park in such a manner as to construct a park that is unique and compliments the Town’s current inventory of neighborhood parks. To achieve this staff has requested to work with CDG to complete the design process in order to include additional amenities that are beyond the scope of annexation agreement requirements. We are recommending the Board approve the agreement with CDG in order to work together with the chosen design consultant to complete the design process and provide construction documents. The agreement states that CDG is to enter into a contract with Stanley Consultants and will be responsible for all payments to them. The Town is then responsible to pay CDG upon notification, the Town’s agreed upon portion of $35,650.00. (50% of the agreement and 15% contingency, in the event that that Town has needs for the neighborhood park in addition to CDG requirements.) With this agreement in place CDG can begin fulfilling their construction requirement on the neighborhood park and the Town is prepared to move forward with their portion when appropriate. Additionally, using this method of joint planning and design will benefit the Town in form of cost savings because the design and construction documents will already be in place to build upon what the developer completed per their requirements. Mayor Pro Tem Gruber moved to approve Agenda Item 16-085; the motion was seconded by Trustee Woog. The motion carried with the following roll call vote: Aye: 6- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, Trustee Carroll, Trustee Moore, and Trustee Woog VIII. ORDINANCES 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) Mayor Harris moved to table this Ordinance; the motion ws seconded by Trustee Charles. the motion carried with the folllowing vote: Aye: 5- Mayor Pro Tem Gruber, Mayor Harris, Trustee Charles, Trustee Carroll, and Trustee Moore Nay: 1- Trustee Woog IX. GENERAL BUSINESS 16-072 Formation of Sustainability Ad-Hoc Committee-Board of Trustees Discussion Trustee Carroll proposed the formation of a Sustanability Ad-Hoc Committee. General Board consensus was to approve this committee in May with the appointments to the other Voluntary Boards will be done. 16-078 Wise Farms Sketch Plan A Sketch Plan represents a generalized land use plan and layout for the area proposed to be included within a subdivision. A Sketch Plan application is required to allow for an early, informal TOWN OF ERIE Page 4 Printed on 3/11/2016 BOARD OF TRUSTEES MEETING Meeting Minutes - Final February 23, 2016 evaluation of a proposed subdivision before detailed planning and engineering work has occurred. The Wise Farms property is located south of Jasper Road, west of 119th Street and north of the Brownsville Subdivision. Two types of application submittals are required - first, a Sketch Plan, followed by a Preliminary Plat. The Community Development Department shall review the Sketch Plan, focusing on standards and criteria of the UDC that are applicable to the proposed development. In addition to the staff review the Community Development Director may require that the Sketch Plan be reviewed by the Planning Commission or the applicant may request this review. The Sketch Plan is not part of a formal application for approval of a subdivision and any comments made by the Town in reaction to a Sketch Plan shall not be binding on the Town’s consideration of any subsequent Preliminary or Final Plat application, nor result in a vested property right under this UDC or State Statute. Since the Sketch Plan is conceptual only, there are no lapse provisions applicable. There was no board action required on this item. XI. BOARD OF TRUSTEES REPORTS & APPOINTMENTS Trustee Moore encouraged people to attend the Coal Creek Meals on Wheels fundraiser in Lafayette. Mayor Harris recieved the general consensus of the Board to support the Boulder Consortium of Cities Potential Priorities for the 2016 Consortium State Legislative Agenda. XI. EXECUTIVE SESSION EXECUTIVE SESSION for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e); specifically to discuss negotiations regarding a potential agreement for development at the intersection of State Highway 287 and Arapahoe Road; for a conference with the Town’s Special Counsel for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b); specifically, to receive legal advice regarding a potential agreement for development at the intersection of State Highway 287 and Arapahoe Road; and, for a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b); specifically, to receive legal advice concerning Flatiron Meadow final plat issues and the EnCana Oil and Gas Operators Agreement. Mayor Pro Tem Gruber moved to go into EXECUTIVE SESSION for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e); specifically to discuss negotiations regarding a potential agreement for development at the intersection of State Highway 287 and Arapahoe Road; for a conference with the Town’s Special Counsel for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b); specifically, to receive legal advice regarding a potential agreement for development at the intersection of State Highway 287 and Arapahoe Road; and, for a conference with the Town Attorney for the purpose of TOWN OF ERIE Page 5 Printed on 3/11/2016 BOARD OF TRUSTEES MEETING Meeting Minutes - Final February 23, 2016 receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b); specifically, to receive legal advice concerning Flatiron Meadow final plat issues and the EnCana Oil and Gas Operators Agreement. The motion, seconded by Trustee Charles, carried with all voting in favor thereof. Mayor Harris announced its Tuesday, February 23. 2016 and the time is 9:02 p.m. For the record, I am the presiding officer, Mayor Tina Harris. As required by the Open Meetings Law, this executive session is being electronically recorded. Also present at this executive session are the following persons: Mayor Pro Tem Mark Gruber; Trustees Janice Moore, Dan Woog, Scott Charles, and, Jennifer Carroll; and Town Administrator A.J. Krieger; Assistant to the Town Administrator, Fred Diehl; Community Development Department Director, Marty Ostholthoff; Public Works Director, Gary Behlen; Economic Development Coordinator, Town Attorney, Mark Shapiro and Special Counsel Carolyn White. This is an executive session for the following purpose: For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e); specifically to discuss negotiations regarding a potential agreement for development at the intersection of State Highway 287 and Arapahoe Road; for a conference with the Town’s Special Counsel for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b); specifically, to receive legal advice regarding a potential agreement for development at the intersection of State Highway 287 and Arapahoe Road; and, for a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b); specifically, to receive legal advice concerning Flatiron Meadow final plat issues and the EnCana Oil and Gas Operators Agreement. Upon completion of the Executive Session, Mayor Harris announced that the time is now 10:30 p.m., and the executive session has been concluded. The participants in the executive session were: Mayor Tina Harris, Mayor Pro Tem Mark Gruber; Trustees Janice Moore, Dan Woog, Scott Charles, and, Jennifer Carroll; and Town Administrator A.J. Krieger; Assistant to the Town Administrator, Fred Diehl; Community Development Department Director, Marty Ostholthoff; Public Works Director, Gary Behlen; Economic Development Coordinator, Town Attorney, Mark Shapiro and Special Counsel Carolyn White. For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. Seeing none, the next agenda item is adjournment. TOWN OF ERIE Page 6 Printed on 3/11/2016 BOARD OF TRUSTEES MEETING Meeting Minutes - Final February 23, 2016 XII. ADJOURNMENT Trustee Charles moved to adjourn the February 23, 2016 Regular Meeting of the 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 10:31 p.m. TOWN OF ERIE Page 7 Printed on 3/11/2016