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Town Council

Regular Meeting

Erie, PA · April 26, 2016

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Minutes

645 Holbrook Street TOWN OF ERIE Erie, CO 80516 Meeting Minutes - Final BOARD OF TRUSTEES MEETING Tuesday, April 26, 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 April 26, 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: 7- Mayor Harris Mayor Pro Tem Gruber Trustee Carroll Trustee Schutt Trustee Charles Trustee Woog Trustee Deakin III. APPROVAL OF THE AGENDA Trustee Schutt moved to approve the April 26, 2016 Town of Erie Board of Trustees Regular Meeting Agenda; the motion was seconded by Trustee Charles. The motion carried with all present voting in favor thereof. IV. CONSENT AGENDA Trustee Schutt moved to approve the April 26, 2016 Town of Erie Borad of Trustee Regular Meeting Consent Agenda; the motion was seconded by Trustee Charles. The motion carried with the folllowing roll call vote: Aye: 7- Mayor Harris, Mayor Pro Tem Gruber, Trustee Carroll, Trustee Schutt, Trustee Charles, Trustee Woog, and Trustee Deakin 16-159 Approval of the April 19, 2016 Special Meeting Minutes 16-140 A Resolution Authorizing Award Of Contract To OtterTail Environmental, Inc. for the 2016 Mosquito Control Services In The Amount Of $12,200.00; And, Setting Forth Details In Relation Thereto. TOWN OF ERIE Page 1 Printed on 5/11/2016 BOARD OF TRUSTEES MEETING Meeting Minutes - Final April 26, 2016 16-151 A Resolution Authorizing the Town to Purchase a Tractor from Kubota Tractor Corporation In the Amount of $47,120.62 and Mower Decks, and Accessories from B&G Equipment Inc in the amount of $13,534.38. 16-152 A Resolution Authorizing Award Of Contract To CoCal Landscape Services, Inc. for the 2016 Open Space & Right of Way Mowing Services In The Amount Of $32,705.00; And, Setting Forth Details In Relation Thereto. V. PUBLIC COMMENT Karen Rademacher, 135 County Road 13, Longmont, CO. provided the Board of Trustees with an update on current litigation that the High Plains Library District is involved in. Pamela Piekarski, 4051 NE County Line Road, Erie, CO. provided the Board with an Erie Economic Development Council update. VII. RESOLUTIONS 16-125 A Resolution Authorizing The Town Of Erie, Colorado To Enter Into An Amendment To Operator Agreement With Encana Oil & Gas (USA) Inc. Trustee Gruber moved to approve Agenda Item 16-125; the motion was seconded by Trustee Charles; the motion carried with all present voting in favor thereof. Aye: 7- Mayor Harris, Mayor Pro Tem Gruber, Trustee Carroll, Trustee Schutt, Trustee Charles, Trustee Woog, and Trustee Deakin 16-157 PUBLIC HEARING: A Resolution By The Board Of Trustees Of Erie, Colorado Making Certain Findings Of Fact And Conclusions Favorable To The Special Review Use for Kiddie Academy; Imposing Conditions Of Approval; Approving Kiddie Academy Special Review Use With Conditions; And Setting Forth Details In Relation Thereto Trustee Gruber moved to approve Agenda Item 16-157; the motion was seconded by Trustee Schutt. The motion carried with all present voting infavor thereof. Aye: 7- Mayor Harris, Mayor Pro Tem Gruber, Trustee Carroll, Trustee Schutt, Trustee Charles, Trustee Woog, and Trustee Deakin 16-158 PUBLIC HEARING: A Resolution By The Board Of Trustees Of Erie, Colorado Making Certain Findings Of Fact And Conclusions Favorable To The Site Plan for Lot 4, Coal Creek Center; Imposing Conditions Of Approval; Approving The Lot 4, Coal Creek Center Site Plan With Conditions; And Setting Forth Details In Relation Thereto Trustee Schutt moved to approve Agenda Item 16-156; the motion was seconded by Trustee Charles. The motion carried with all present voting in favor thereof. Aye: 7- Mayor Harris, Mayor Pro Tem Gruber, Trustee Carroll, Trustee Schutt, Trustee Charles, Trustee Woog, and Trustee Deakin TOWN OF ERIE Page 2 Printed on 5/11/2016 BOARD OF TRUSTEES MEETING Meeting Minutes - Final April 26, 2016 VII. ORDINANCES 16-133 An Ordinance Authorizing The Town Of Erie, Colorado, To Enter Into A Lease Agreement With Rob Lindow And Sindy Lindow For The Lease Of Open Space Property For Farming Purposes; Authorizing And Directing The Appropriate Town Officers To Sign Said Lease; And Setting Forth Details In Relation Thereto and Declaring an Emergency Therefore. Trustee Schutt moved to approve Agenda Item 16-33 as an Emergency; the motion was seconded by Trustee Charles. The motion carried with all present voting in favor therof. Aye: 7- Mayor Harris, Mayor Pro Tem Gruber, Trustee Carroll, Trustee Schutt, Trustee Charles, Trustee Woog, and Trustee Deakin 16-145 An Ordinance Of The Town Of Erie, Colorado, Disconnecting Certain Described Real Property From The Town In Accordance with C.R.S. § 31-12-501; And, Setting Forth Details In Relation Thereto. Second Reading. This was the First Reading of Agenda Item 16-145. It will be brought back for Board Action at the May 10th, 2016 Town of Erie Regular Board of Trustees Meeting. 16-160 An Ordinance Authorizing the Issuance and Sale of Town of Erie, Colorado, Wastewater Enterprise Revenue Refunding Bonds, Series 2016, Payable Solely Out of Net Revenues to be Derived from the Operation of the Town’s Wastewater Enterprise; Providing Other Details Concerning the Bonds, Including, Without Limitation, Covenants and Agreements in Connection Therewith; and Declaring an Emergency. Trustee Charles moved to approve Agenda Item 16-160 as an emergency; the motion was seconded by Trustee Woog. The motion carried with all present voting in favor thereof. Aye: 7- Mayor Harris, Mayor Pro Tem Gruber, Trustee Carroll, Trustee Schutt, Trustee Charles, Trustee Woog, and Trustee Deakin VIII. GENERAL BUSINESS Erie Commons Concept Plan Review IX. STAFF REPORTS 16-136 Monthly Communications Report - March 2016 16-147 11th Annual Spring Clean Up TOWN OF ERIE Page 3 Printed on 5/11/2016 BOARD OF TRUSTEES MEETING Meeting Minutes - Final April 26, 2016 X. BOARD OF TRUSTEES REPORTS & APPOINTMENTS Trustee Carroll announced the upcoming Earth Day and Arbor Day Celebrations. Trustee Woog received an update from the Public Works Director on traffic issues on Briggs St. Trustee Charles announced the upcoming Town Fair. Trustee Deakin reminded people to vote in the upcoming Mt. View Fire Proctection District Election. Mayor Harris announced that the appointments for Voluntary Boards and Commissions will be made on May 10, 2016. XI. EXECUTIVE SESSION Executive Session to discuss the purchase, acquisition, lease, transfer or sale of real property under C.R.S. Section 24-6-402(4)(a), specifically to discuss acquisition of property located within the Town of Erie. Trustee Schutt moved to go into Executive Session to discuss the purchase, acquisition, lease, transfer or sale of real property under C.R.S. Section 24-6-402(4)(a), specifically to discuss acquisition of property located within the Town of Erie.The motion was seconded by Trustee Charles; the motion carried with all present voting in favor thereof. Mayor Harris announced its Tuesday, April 26, 2016 and the time is 8:08 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: Trustees Mark Gruber, Dan Woog, Scott Charles, Geoff Deakin, Waylon Schutt and, Jennifer Carroll; and Town Administrator A.J. Krieger; Public Works Director Gary Behlen, Assitant to the Town Administrator Fred Diehl, Community Developtment Director Marty Ostholthoff, and Town Attorney Mark Shapiro. This is an executive session for the following purpose: To discuss the purchase, acquisition, lease, transfer or sale of real property under C.R.S. Section 24-6-402(4)(a), specifically to discuss acquisition of property located within the Town of Erie. Upon completion of the Executive Session, Mayor Harris announced that the time is now 8:57 p.m., and the executive session has been concluded. The participants in the executive session were: Mayor Tina Harris, Trustees Mark Gruber, Dan Woog, Scott Charles, Geoff Deakin, Waylon Schutt and, Jennifer Carroll; and Town Administrator A.J. Krieger; Public Works Director Gary Behlen, Assitant to the Town Administrator Fred Diehl, Community Developtment Director Marty Ostholthoff, and Town Attorney Mark Shapiro. TOWN OF ERIE Page 4 Printed on 5/11/2016 BOARD OF TRUSTEES MEETING Meeting Minutes - Final April 26, 2016 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. XII. ADJOURNMENT Trustee Schutt moved to adjourn the April 26, 2016 Regular Meeting of the Town of Erie Board of Trustees; the motion was seconded by Trustee Charles. The motion carried with all present voting in favor thereof. Mayor Harris adjourned the meeting at 9:00 pm. TOWN OF ERIE Page 5 Printed on 5/11/2016

Agenda

645 Holbrook Street TOWN OF ERIE Erie, CO 80516 Meeting Agenda - Final BOARD OF TRUSTEES MEETING Tuesday, April 26, 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 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.) 16-159 Approval of the April 19, 2016 Special Meeting Minutes Attachments: 04-19-2016 Draft Meeting Minutes 16-140 A Resolution Authorizing Award Of Contract To OtterTail Environmental, Inc. for the 2016 Mosquito Control Services In The Amount Of $12,200.00; And, Setting Forth Details In Relation Thereto. Attachments: OtterTail Environmental, Inc. Bid Resolution 16-151 A Resolution Authorizing the Town to Purchase a Tractor from Kubota Tractor Corporation In the Amount of $47,120.62 and Mower Decks, and Accessories from B&G Equipment Inc in the amount of $13,534.38. Attachments: Kubota Equipment Bids Resolution TOWN OF ERIE Page 1 Printed on 4/26/2016 BOARD OF TRUSTEES MEETING Meeting Agenda - Final April 26, 2016 16-152 A Resolution Authorizing Award Of Contract To CoCal Landscape Services, Inc. for the 2016 Open Space & Right of Way Mowing Services In The Amount Of $32,705.00; And, Setting Forth Details In Relation Thereto. Attachments: CoCal Landscape Services, Inc. Bid Map of Mowing Areas Resolution 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.) 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. VII. RESOLUTIONS (This agenda item is for all matters that should be decided by resolutions.) 16-125 A Resolution Authorizing The Town Of Erie, Colorado To Enter Into An Amendment To Operator Agreement With Encana Oil & Gas (USA) Inc. Attachments: Resolution Amendment to Operator Agreement 20160325 FINAL 16-157 PUBLIC HEARING: A Resolution By The Board Of Trustees Of Erie, Colorado Making Certain Findings Of Fact And Conclusions Favorable To The Special Review Use for Kiddie Academy; Imposing Conditions Of Approval; Approving Kiddie Academy Special Review Use With Conditions; And Setting Forth Details In Relation Thereto Attachments: A Staff Memo B Resolution C PC Resolution P16-03 & Minutes D Application Materials E Proposed Site Plan TOWN OF ERIE Page 2 Printed on 4/26/2016 BOARD OF TRUSTEES MEETING Meeting Agenda - Final April 26, 2016 16-158 PUBLIC HEARING: A Resolution By The Board Of Trustees Of Erie, Colorado Making Certain Findings Of Fact And Conclusions Favorable To The Site Plan for Lot 4, Coal Creek Center; Imposing Conditions Of Approval; Approving The Lot 4, Coal Creek Center Site Plan With Conditions; And Setting Forth Details In Relation Thereto Attachments: A Staff Memo B Resolution C PC Reso P16-04 & Minutes D Application Materials E Site Plan & Materials & Floor Plan F Neighborhood Meeting & Referrals VIII. ORDINANCES 16-133 An Ordinance Authorizing The Town Of Erie, Colorado, To Enter Into A Lease Agreement With Rob Lindow And Sindy Lindow For The Lease Of Open Space Property For Farming Purposes; Authorizing And Directing The Appropriate Town Officers To Sign Said Lease; And Setting Forth Details In Relation Thereto and Declaring an Emergency Therefore. Attachments: Lease Ordinance 16-145 An Ordinance Of The Town Of Erie, Colorado, Disconnecting Certain Described Real Property From The Town In Accordance with C.R.S. § 31-12-501; And, Setting Forth Details In Relation Thereto. First Reading. Attachments: A 16-145 Staff Memo B 16-145 Landowner Request C 16-145 Ordinance ___-2016 16-160 An Ordinance Authorizing the Issuance and Sale of Town of Erie, Colorado, Wastewater Enterprise Revenue Refunding Bonds, Series 2016, Payable Solely Out of Net Revenues to be Derived from the Operation of the Town’s Wastewater Enterprise; Providing Other Details Concerning the Bonds, Including, Without Limitation, Covenants and Agreements in Connection Therewith; and Declaring an Emergency. Attachments: Bond Ordinance Bond Purchase Agreement Continuing Disclosure Undertaking Erie 2016 WW Escrow Agreement Paying Agent Agreement TOWN OF ERIE Page 3 Printed on 4/26/2016 BOARD OF TRUSTEES MEETING Meeting Agenda - Final April 26, 2016 IX. 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…) Erie Commons Concept Plan Review X. STAFF REPORTS (This agenda item is reserved for specific items from Staff requiring Board direction or just relaying important information.) 16-136 Monthly Communications Report - March 2016 Attachments: March 2016 - Website & Social Media Insights 16-147 11th Annual Spring Clean Up XI. 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.) XII. EXECUTIVE SESSION Executive Session to discuss the purchase, acquisition, lease, transfer or sale of real property under C.R.S. Section 24-6-402(4)(a), specifically to discuss acquisition of property located within the Town of Erie. 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 4 Printed on 4/26/2016

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