Town Council

645 Holbrook Street TOWN OF ERIE Erie, CO 80516 Meeting Minutes - Final BOARD OF TRUSTEES MEETING Tuesday, January 9, 2018 6:00 PM Board Room Pre Meeting Community Room 5:45 PM 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 6:00 PM IN THE BOARD ROOM I. CALL MEETING TO ORDER Mayor Harris called the January 9, 2018 Regular Meeting to order at 6:00 pm. II. PLEDGE OF ALLEGIANCE AND ROLL CALL Present: 6- Mayor Harris Mayor Pro Tem Gruber Trustee Carroll Trustee Charles Trustee Woog Trustee Deakin Absent: 1- Trustee Schutt III. APPROVAL OF THE AGENDA Trustee Charles moved to approve the January 9, 2018 Meeting Agenda; the motion was seconded by Mayor Pro Tem Gruber. The motion carried with all present voting in favor thereof. IV. EXECUTIVE SESSION 18-005 EXECUTIVE SESSION for a conference with the Town Attorney and 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 oil and gas litigation; and, 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); and, specifically, to discuss negotiations regarding an oil and gas operator agreement. Trustee Deakin moved to go into Executive Session for a conference with the TOWN OF ERIE Page 1 Printed on 1/24/2018 BOARD OF TRUSTEES MEETING Meeting Minutes - Final January 9, 2018 Town Attorney and Special Counsel for the purpose of receving legal advice on specific legal questions under C.R.S Section 24-6-402(4)(b), specifically, to receive legal advice regarding oil and gas litigation; and, 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); and, specifically, to discuss negotiations regarding an oil and gas operator agreement. The motion was seconded by Trustee Charles. The motion carried with all present voting in favor thereof. Mayor Harris announced; It's Tuesday, January 9, 2018, and the time is 6:02 pm. For the record, I am the presiding officer, Mayor Harris. As required by the Open Meetings Law, this executive session is being electrionically recorded. Also present at this executive session were the following persons: Mayor Pro Tem Mark Gruber, Trustees Dan Woog, Scott Charles, Jennifer Carroll, and Town Administrator A.J. Krieger; Assistant to the Town Administrator Fred Diehl; Assistant to the Town Administrator Marty Ostholthoff; Chad Taylor, Environmental Planner; Special Counsel John Sullivan; and Town Attorney Mark Shapiro. Mayor Harris announced; The time is now 7:07 pm, and the executive session has been concluded. The participants in the executive session: Mayor Tina Harris; Mayor Pro Tem Mark Gruber, Trustees Dan Woog, Scott Charles, Jennifer Carroll, and Town Administrator A.J. Krieger; Assistant to the Town Administrator Fred Diehl; Assistant to the Town Administrator Marty Ostholthoff; Chad Taylor, Environmental Planner; Special Counsel John Sullivan; and Town Attorney Mark Shapiro. 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. Hearing none the Mayor moved onto the next agenda item. V. CONSENT AGENDA 18-001 Approval of December 12, 2017 Meeting Minutes 18-002 A Resolution Designating the Official Public Notice Location and the Official Newspaper of General Circulation for the Town of Erie, Colorado. 18-003 A Resolution of the Board of Trustees of the Town of Erie, Colorado Authorizing Payment to IMA of Colorado For Providing Liability, And Property Insurance To The Town For 2018 In The Amount Of $285,195.80.00; And Setting Forth Details In Relation Thereto. 18-004 A Resolution Of The Board Of Trustees Of The Town Of Erie, Colorado Authorizing Payment To Pinnacol Assurance For Providing Workers’ TOWN OF ERIE Page 2 Printed on 1/24/2018 BOARD OF TRUSTEES MEETING Meeting Minutes - Final January 9, 2018 Compensation Insurance To The Town For 2018 In The Amount Of $207,863.00; And Setting Forth Details In Relation Thereto. 18-007 A Resolution Authorizing Payments To Various Vendors Providing Services To The Town for 2018 18-008 A Resolution Awarding Various Services Contracts For 2018 To Various Contractors for Services/Supplies; And Setting Forth Details In Relation Thereto. 18-009 A Resolution Approving an Intergovernmental Agreement Between the Town of Erie and Weld County Locating a Mail Ballot Drop-Off Box and Surveillance Recording System at the Erie Community Center. 18-017 A Resolution Of The Town Of Erie, Colorado Updating And Adopting The Three Mile Plan For The Town Of Erie, Colorado. 18-025 A Resolution Of The Board Of Trustees Of The Town Of Erie, Colorado Authorizing Payment To Anthem Blue Cross And Blue Shield Of Colorado For Providing Medical Insurance To The Town Employees for 2018 In The Net Amount of $1,665,000 And Setting Forth Details In Relation Thereto. 18-026 A Resolution of the Board of Trustees of the Town or Erie, Colorado Authorizing the Town of Erie to Join the Colorado State Investment Pool; and Setting Forth Details in Relation Thereto. 18-029 A Resolution for the Town of Erie Acting By And Through Its Erie Water Activity Enterprise (“Erie”) to Enter Into Second Interim Agreement for Increasing the Capacity of the Southern Water Supply Project Eastern Phase, and Setting Forth Details in Relation Thereto. 17-445 An Ordinance Of The Town Of Erie, Colorado, Enacting Title 6, “Police And Traffic Regulations,” Chapter 6, “Offenses Against Property,” Section 6-6-15, Entitled “Fire Setting,” Of The Municipal Code Of The Town Of Erie And Revising Title 5, “Public Health And Safety,” Chapter 1, “Abatement Of Nuisance Code,” Section 5-1-6.F, Entitled “Specific Nuisances Enumerated,” Of The Municipal Code Of The Town Of Erie, And Setting Forth Details In Relation Thereto. (SECOND READING) 17-446 An Ordinance Of The Town Of Erie, Colorado, Enacting Title 6, “Police And Traffic Regulations,” Chapter 10, “Miscellaneous Offenses,” Section 6-10-13, Entitled “Posting, Possession, Or Exchange Of Private Image By A Juvenile,” Of The Municipal Code Of The Town Of Erie And, Setting Forth Details In Relation Thereto. (SECOND READING) 17-448 An Ordinance Authorizing The Town Of Erie, Colorado, To Enter Into The Second Amendment To The Lease Agreement With Option To Purchase TOWN OF ERIE Page 3 Printed on 1/24/2018 BOARD OF TRUSTEES MEETING Meeting Minutes - Final January 9, 2018 With Echo Brewing Cask & Barrel, Inc.; Authorizing And Directing The Appropriate Town Officers To Sign Said Second Amendment; And, Setting Forth Details In Relation Thereto. (SECOND READING) Trustee Charles moved to approve the January 9, 2018 Consent Agenda; the motion was seconded by Trustee Deakin. The motion carried with the following roll call vote: Aye: 6- Mayor Harris, Mayor Pro Tem Gruber, Trustee Carroll, Trustee Charles, Trustee Woog, and Trustee Deakin VI. PUBLIC COMMENT VII. PROCLAMATIONS AND PRESENTATIONS 17-436 Airport Manager’s Report 18-015 Municipal Broadband Assessment and Feasibility Study Report 18-021 Town of Erie Mayor’s Proclamation in Support of Radon Action Month in Colorado VIII. LAND DEVELOPMENT RESOLUTIONS AND ORDINANCES 18-030 PUBLIC HEARING: Consideration Of Resolution Regarding Erie Gateway South Annexation No. 7; Adopting Certain Findings Of Fact And Conclusions Favorable To The Annexation Mayor Harris opened the Public Hearing for Agenda Item 18-030 and Agenda Item 18-032 at 7:34 pm. Hearing that no one wished to make public comment, the Mayor closed the Public Hearing at 7:53 pm. Trustee Deakin moved to approve Agenda Item 18-030; the motion was seconded by Trustee Charles. The motion carried with all present voting in favor thereof. Aye: 6- Mayor Harris, Mayor Pro Tem Gruber, Trustee Carroll, Trustee Charles, Trustee Woog, and Trustee Deakin 18-031 An Ordinance Annexing Erie Gateway South Annexation No. 7, Pursuant To the Petitions Of The Owners Thereof, Providing For The Effective Date Of The Ordinances; And, Setting Forth Details In Relation Thereto. SECOND READING This was the first reading of Agenda Item 18-031 it will be brought back for Board action at the January 23, 2018 Regular Meeting. 18-032 An Ordinance Zoning The Erie Gateway South Annexation No. 7 Property, Pursuant To The Petition Of The Owners Thereof, To 'LR’ - Low Density Residential; Providing For The Effective Date Of This Ordinance; And, Setting Forth Details In Relation Thereto. SECOND READING This was the first reading of Agenda Item 18-032 it will be brought back for Board action at the January 23, 2018 Regular Meeting. TOWN OF ERIE Page 4 Printed on 1/24/2018 BOARD OF TRUSTEES MEETING Meeting Minutes - Final January 9, 2018 IX. RESOLUTIONS NONE SCHEDULED X. ORDINANCES 17-447 An Ordinance Of The Town Of Erie, Colorado, Amending Title 1, “Administration And Personnel,” Chapter 5, “Town Mayor And Board Of Trustees,” Of The Erie Municipal Code To Add A New Section 5, “Applicability Of Certain Town Administrative Policies And Procedures;” And, Setting Forth Details In Relation Thereto. (SECOND READING) Trustee Charles moved to approve Agenda Item 17-447; the motion was seconded by Trustee Deakin. The motion carried with all present voting in favor thereof. XI. GENERAL BUSINESS 18-022 Town Hall Expansion and Northridge Ballot Questions Mayor Harris requested an consensus from the Board of Trustees on the following ballot questions: The Northridge Ballot Question with the selection of option 1 - $50,000 was approved with a five (5) for and one (1) against vote with Trustee Deakin voting no. The Town Hall Expansion Ballot Question carried with all present voting in favor thereof. The Broadband Ballot Question failed with a three (3) for and a three (3) against vote with Trustee Charles; Trustee Woog; and Mayor Harris voting no. 18-024 Acceptance of Resignation of Jackie Connor from EHPAB XII. STAFF REPORTS 18-016 Planning & Development Monthly Building Permit Report XIII. BOARD OF TRUSTEES REPORTS & APPOINTMENTS Mayor Pro Tem Gruber reported on the I25 Coalition meeting he attended on December 15, 2017. Mayor Pro Tem Gruber moved to add a discussion on setbacks to the General Business section of the January 23, 2018 Regular Meeting Agenda. The motion was seconded by Trustee Carroll. The motion carried with all present voting in favor thereof. XIV. ADJOURNMENT Trustee Woog moved to adjorn the January 9, 2018 Regular Meeting of the Town of Erie Board of Trustees; the motion was seconded by Mayor Pro Tem Gruber. The motion carried with all present voting in favor thereof. TOWN OF ERIE Page 5 Printed on 1/24/2018 BOARD OF TRUSTEES MEETING Meeting Minutes - Final January 9, 2018 Mayor Harris adjourned the meeting at 8:23 pm. TOWN OF ERIE Page 6 Printed on 1/24/2018