Town Council

645 Holbrook Street TOWN OF ERIE Erie, CO 80516 Meeting Minutes - Final Board of Trustees Tuesday, April 9, 2019 6:30 PM Board Room STUDY SESSION 6:00 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 Madam Mayor Carroll called the April 9, 2019 Regular Meeting to order at 6:30 pm. II. PLEDGE OF ALLEGIANCE AND ROLL CALL Present: 6- Mayor Carroll Mayor Pro Tem Deakin Trustee Woog Trustee Haid Trustee Gippe Trustee van Woudenberg Absent: 1- Trustee Charles III. APPROVAL OF THE AGENDA Mayor Pro Tem Deakin moved to amend the agenda to remove the oath of office for Judge Beato (Agenda Item 19-171), the resolution appointing Judge Beato (Agenda Item 19-191), and Open Space & Trails Advisory Board Appointments (Agenda Item 19-170). Trustee Haid seconded the motion. The motion carried with all present voting in favor thereof. IV. CONSENT AGENDA 6:35 PM Mayor Pro Tem Deakin moved to approve the Consent Agenda; the motion was seconded by Trustee Haid. The motion carried with the following roll call vote: Aye: 6- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Woog, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg 19-165 A Resolution of the Board of Trustees of the Town of Erie Approving a Construction Agreement with KC Construction for the Installation of Tile at the Erie Community Center in an Amount Not to Exceed $191,708 TOWN OF ERIE Page 1 Printed on 5/2/2019 Board of Trustees Meeting Minutes - Final April 9, 2019 Attachments: Resolution Construction Agreement 19-169 Approval of March 26, 2019 Draft Meeting Minutes Attachments: March 26, 2019 Draft Meeting Minutes 19-190 A Resolution of the Board of Trustees of the Town of Erie, Colorado Appointing Teresa Ablao as the Presiding Judge of the Erie Municipal Court Attachments: Resolution 19-191 A Resolution of the Board of Trustees of the Town of Erie, Colorado Appointing Melissa Beato as Assistant Municipal Judge of the Erie Municipal Court Attachments: Resolution V. OATHS OF OFFICE 6:40 PM 19-171 Oaths of Office for Municipal Judges Teresa Ablao & Melissa Beato Attachments: Oath of Office - Teresa Ablao Oath of Office - Melissa Beato VI. PUBLIC COMMENT 6:50 PM VII. PROCLAMATIONS AND PRESENTATIONS 7:00 PM 19-176 Erie Municipal Airport Monthly Report - March 2019 Attachments: Airport Manager's Report 19-185 Arbor Day Proclamation Attachments: Proclamation Arbor Day/Earth Day Flyer 19-186 Earth Day Proclamation Attachments: Proclamation Arbor Day/Earth Day Flyer VIII. RESOLUTIONS 7:20 PM 19-177 A Resolution of the Board of Trustees of the Town of Erie Adopting the North Water Reclamation Facility Expansion Master Plan TOWN OF ERIE Page 2 Printed on 5/2/2019 Board of Trustees Meeting Minutes - Final April 9, 2019 Attachments: Resolution North Water Reclamation Facility MAster Plan.pdf Presentation for the North Water Reclamation facility Master Plan.pptx Mayor Pro Tem Deakin moved to approve Agenda Item 19-177; the motion was seconded by Trustee van Woudenberg. The motion carried with all present voting in favor thereof. 19-175 A Resolution of the Board of Trustees of the Town of Erie Approving an Agreement for Professional Services with HDR Engineering, Inc. for the North Water Reclamation Facility Expansion Project Attachments: Resolution Professional Services Agreement Mayor Pro Tem Deakin moved to approve Agenda Item 19-175; the motion was seconded by Trustee Haid. The motion carried with all present voting in favor thereof. 19-187 PUBLIC HEARING: A Resolution of the Board of Trustees of the Town of Erie Approving the First Amendment to the Amended and Restated Service Plan for the Erie Farm Metropolitan District Attachments: Resolution Petition Review Madam Mayor Carroll opened the public hearing at 7:18 pm. Joan Fritsche, Representative of the Erie Farms Metropolitan District, of 1331 17th Street, Ste 500, Denver, Colorado 80202, presented to the Board of Trustees. Madam Mayor Carroll closed the public hearing at 7:32 pm. Mayor Pro Tem Deakin moved to continue Agenda 19-187 to the May 14, 2019 Regular Meeting. The motion was seconded by Trustee Haid. The motion carried with all present voting in favor thereof. Aye: 6- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Woog, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg X. ORDINANCES 8:20 PM 19-168 Ordinances of the Board of Trustees of the Town of Erie Consenting to Inclusions into the Northern Colorado Water Conservancy District TOWN OF ERIE Page 3 Printed on 5/2/2019 Board of Trustees Meeting Minutes - Final April 9, 2019 Attachments: 1a. Ordinance - 19-168 2a. Ordinance 19-168 2b. Exhibit A - Case No. 9454 3a. Ordinance - 19-168 4a. Ordinance - 19-168 4b. Exhibit A - Case No. 9454 SI Mayor Pro Tem Deakin moved to approve the ordinance labeled Ordinance 1a. The motion was seconed by Trustee Gippe. The motion carried with all present voting in favor thereof. Mayor Pro Tem Deakin moved to approve the ordinance labeled Ordinance 2a. The motion was seconed by Trustee Gippe. The motion carried with all present voting in favor thereof. Mayor Pro Tem Deakin moved to approve the ordinance labeled Ordinance 3a. The motion was seconed by Trustee Gippe. The motion carried with all present voting in favor thereof. Mayor Pro Tem Deakin moved to approve the ordinance labeled Ordinance 4a. The motion was seconed by Trustee Gippe. The motion carried with all present voting in favor thereof. XI. STAFF REPORTS 8:35 PM 19-166 2019 Project and Development Open House Attachments: 2019 Anticipated Design and Construction Projects 2019 Anticipated and Potential Developments.pdf 19-183 Serene Park Grand Opening Attachments: Serene Park Grand Opening Flyer 19-189 Town Administrator's 1st Quarterly Status Report on 2019 Work Plan Attachments: 2019 Work Plan Detailed Descriptions 2019 Work Plan Detailed Descriptions XII. BOARD OF TRUSTEES REPORTS & APPOINTMENTS 9:10 PM Mayor Pro Tem Deakin reported on a DR COG Subregional TIP meeting. Mayor Pro Tem Deakin reminded the public that snow is coming. Trustee Gippe thanked Mayor Pro Tem Deakin for attending the DR COG Subregional TIP meeting. Trustee Gippe echoed that bad weather is coming our way. Trustee Gippe announced that a new committee will be formed, Organizing Neighborhoods of Erie. Trustee Gippe advised interested parties to email him at bgippe@erieco.gov if they would like to join the committee. Mayor Carroll reminded the public to check out the town's website and facebook TOWN OF ERIE Page 4 Printed on 5/2/2019 Board of Trustees Meeting Minutes - Final April 9, 2019 page for upcoming events in April. 19-172 Appointments to the Sustainability Advisory Board Attachments: Memo of Recommendation Adam Jackson - Sustainaility - 03-20-2019 Berenice Gracia - Sustainability - 03-20-2019 DeAndrea Arndt - Sustainability - 03-20-2019 Mitchell Steiner - Sustainability - 03-20-2019 Trustee van Woudenberg moved to appoint Adam Jackson to the Sustainability Advisory Board with a term expiration of April 2022. Trustee Gippe seconded the motion. The motion carried with a five (5) for and one (1) against vote with Trustee Woog voting no. Trustee van Woudenberg moved to appoint Berenice Gracia to the Sustainability Advisory Board with a term expiration of April 2020. Trustee Gippe seconded the motion. The motion carried with a five (5) for and one (1) against vote with Trustee Woog voting no. Aye: 5- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg Nay: 1- Trustee Woog 19-170 Appointments to the Open Space & Trails Advisory Board Attachments: Memo of Recommendation Christopher Aaron David Tazik Gary Stumner Matthew Jeffrey Matthew Martin William Chapman III XIII. EXECUTIVE SESSION 9:20 PM 19-155 An Executive Session to Hold a Conference with the Town's Attorney to Receive Legal Advice on Specific Legal Questions, pursuant to C.R.S. § 24-6-402(4)(b), Concerning Water Rights Mayor Pro Tem Deakin moved to go into executive session to hold a conference with The Town's Attorney to receive legal advice on specific legal questions, pursuant to C.R.S. § 24-6-402(4)(b), concerning water rights and to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations, and/or instruct negotiators, pursuant to C.R.S. § 24-6-402(4)(e), concerning the proposed settlement agreement with Lafayette. Trustee Haid seconded the motion. The motion carried with all present voting in favor thereof. TOWN OF ERIE Page 5 Printed on 5/2/2019 Board of Trustees Meeting Minutes - Final April 9, 2019 Mayor Carroll announced; It's Tuesday, April 9, 2019, and the time is 8:25 pm. For the record, I am the presiding officer, Mayor Carroll. As required by the Open Meetings Law, this executive session is being electronically recorded. Also present at this executive session are the entire Board of Trustees, Town Attorney Kendra Carberry, Special Counsel Paul Zilis and Andrea Kehrl, Public Works Director Todd Fessenden, Economic Development Director Ben Pratt, Finance Director Steve Felten, Town Administrator Malcolm Fleming, and Deputy Town Administrator Farrell Buller. Mayor Carroll announced; the time 9:56 pm, and the executive session has concluded. For the record, if any person whoparticipated in the executive session believes that any substantial discussion of any matters not included in themotion to go into the executive session occurred during the executive session, or that any 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, Mayor Carroll moved to the next agenda item. Aye: 6- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Woog, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg 19-192 An Executive Session To Determine Positions Relative To Matters That May Be Subject To Negotiations, Develop A Strategy For Negotiations, And/Or Instruct Negotiators, Pursuant To C.R.S. § 24-6-402(4)(e), Concerning The Proposed Settlement Agreement With Lafayette XIV. GENERAL BUSINESS 9:50 PM 19-156 Action as a Result of Executive Session Mayor Pro Tem Deakin moved to approve a resolution to appropriate apply for water rights on behalf of the Town of Erie. Trustee Haid seconded the motion. The motion carried with all present voting in favor thereof. XV. ADJOURNMENT 10:00 PM Mayor Carroll adjourned the April 9, 2019 Regular Meeting at 10:03 pm. TOWN OF ERIE Page 6 Printed on 5/2/2019