Town Council

645 Holbrook Street TOWN OF ERIE Erie, CO 80516 Meeting Minutes - Final Board of Trustees Tuesday, January 28, 2020 6:50 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 6:50 PM IN THE BOARD ROOM I. CALL MEETING TO ORDER II. PLEDGE OF ALLEGIANCE AND ROLL CALL A motion was made by Trustee Woog, seconded by Trustee Gippe, that this Agenda Item be approved. The motion carried by the following vote: Aye: 6- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Woog, Trustee Haid, and Trustee Gippe III. APPROVAL OF THE AGENDA IV. CONSENT AGENDA 6:55 PM 20-027 Letter of Intent from the Town of Erie regarding Commitment to Become a SolSmart-designated Community Attachments: SolSmart Solar Statement A motion was made by Trustee van Woudenberg, seconded by Trustee Charles, that this Agenda Item be approved. The motion carried by the following vote: Aye: 6- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg Nay: 1- Trustee Woog A motion was made by Trustee Charles that this Agenda Item be approved. The motion carried by the following vote: Aye: 6- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg Nay: 1- Trustee Woog TOWN OF ERIE Page 1 Printed on 3/5/2020 Board of Trustees Meeting Minutes - Final January 28, 2020 20-028 A Resolution of the Board of Trustees of the Town of Erie Approving a Development Agreement and Accepting Dedications as Shown on the Final Plat for the Compass Filing No. 4 Subdivision A Resolution of the Board of Trustees of the Town of Erie Approving a License Agreement with the Northern Colorado Water Conservancy District A Resolution of the Board of Trustees of the Town of Erie Approving a Utility Easement Agreement Attachments: Final Plat and DA Acceptance Resolution Compass Filing No. 4 Plat Compass Fining No. 4 Development Agreement Utility Easement Resolution Utility Easement Agreement - Exhibit A License Agreement - Resolution License Agreement 20-054 A Resolution of the Board of Trustees of the Town of Adopting the Town's Three Mile Plan Attachments: Resolution 20-___ 20-056 A Resolution of the Board of Trustees of the Town of Erie Authorizing the Purchase of a Caterpillar 450 Backhoe Loader from Wagner Equipment Company for $179,568.23 Attachments: Resolution Caterpillar 450 Quote 20-058 A Resolution of the Board of Trustees of the Town of Erie Approving a Permanent Utility Easement Agreement Attachments: Resolution Permanent Utility Easement Agreement Location Map 2 012120 20-059 A Resolution of the Board of Trustees of the Town of Erie Approving an Agreement for Services with Veris Environmental, LLC. for Biosolids Hauling Services Attachments: Resolution Agreement for Services A motion was made by Trustee Charles, seconded by Mayor Pro Tem Deakin, TOWN OF ERIE Page 2 Printed on 3/5/2020 Board of Trustees Meeting Minutes - Final January 28, 2020 that this Agenda Item be approved. The motion carried by the following vote: Aye: 7- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Woog, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg 20-060 A Resolution of the Board of Trustees of the Town of Erie Approving an Agreement for Services with Ehrhart Land Surveying, LLC for Updating Improved Quarter Section Data in an Amount Not to Exceed $35,000 Attachments: Resolution Agreement for Services 20-066 A Resolution of the Board of Trustees of the Town of Erie Approving a Professional Services Agreement With CGRS for Oil and Gas Consulting in the Amount Not to Exceed $50,000 Attachments: Resolution Contract A motion was made by Mayor Pro Tem Deakin, seconded by Trustee van Woudenberg, that this Agenda Item be approved. The motion carried by the following vote: Aye: 5- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg Nay: 2- Trustee Charles, and Trustee Woog 20-067 A Resolution of the Board of Trustees of the Town of Erie Authorizing the Purchase of a Caterpillar 926M Loader from Wagner Equipment Company in the Amount of $176,428.61 Attachments: Resolution Caterpillar 926M Loader Quote A motion was made by Mayor Pro Tem Deakin, seconded by Trustee Haid, that this Agenda Item be approved. The motion carried by the following vote: Aye: 6- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg Nay: 1- Trustee Woog 20-070 A Resolution of the Board of Trustees of the Town of Erie Authorizing a Purchase Agreement with McCandless Truck Center LLC for the Purchase of a New and a Replacement Dump Truck for $488,123 TOWN OF ERIE Page 3 Printed on 3/5/2020 Board of Trustees Meeting Minutes - Final January 28, 2020 Attachments: Resolution McCandless Hooklift Quote Kois Hooklift Quote McCandless Wing Plow Quote Kois Wing Plow Quote A motion was made by Mayor Pro Tem Deakin, seconded by Trustee Haid, that this Agenda Item be approved. The motion carried by the following vote: Aye: 6- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg Nay: 1- Trustee Woog 20-075 A Resolution of the Board of Trustees of the Town of Erie Approving the Third Amendment to the Lynn R. Morgan Water Treatment Facility Expansion CMAR Contract With Garney Companies, Inc. Attachments: Resolution Amendment Location Map 012120 20-076 Approval of January 14, 2019 Meeting Minutes Attachments: Meeting Minutes January 14, 2019 20-078 Evergreen Devco, Erie Nine-Mile First Amendment to Ditch Easement Attachments: Resolution Evergreen Devco, Erie Nine-Mile, First Amendment to Ditch Easement Relocation Agreement (00121971-2xE2194) V. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA 7:00 PM VI. GENERAL BUSINESS 7:15 PM 20-049 A Proclamation in Support of Radon Action Month. Attachments: Proclamation Radon Infographic Radon Reduction Roadmap 20-031 Approval of Documents Related to the Proposed Swink Annexation as Noted Below 1. Findings Of Fact: A Resolution Of The Board Of Trustees Of The Town Of Erie Making Certain Findings Of Fact Regarding The Annexation To The Town Of A Parcel Of Land Located In Unincorporated Weld County (Swink Annexation) TOWN OF ERIE Page 4 Printed on 3/5/2020 Board of Trustees Meeting Minutes - Final January 28, 2020 2. Annexation and Agreement: An Ordinance Of The Board Of Trustees Of The Town Of Erie Annexing To The Town A Parcel Of Land Located In Unincorporated Weld County And Comprised Of Approximately 150.287 Acres, Identified As A Portion Of The East One-Half Of Section 21, Township 1 North, Range 68 West (Swink Annexation) and Approving The Swink Annexation And Dearmin East Agreement Attachments: Staff Memo Swink Findings of Fact Resolution Swink Annexation Ordinance Exhibit A Swink Annexation Map Exhibit B Annexation Agreement Other Applicant Materials Notice Staff Presentation A motion was made by Trustee Woog, seconded by Trustee van Woudenberg, that this Agenda Item be approved. The motion carried by the following vote: Aye: 7- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Woog, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg 20-032 An Ordinance of the Board of Trustees of the Town of Erie Zoning Certain Recently Annexed Property to Low Density Residential (LR), Medium Density Residential (MR), Agriculture/Open Space (AG/OS), Public Lands And Institutional (PLI) Attachments: Ordinance Exhibit B Zoning Map Staff Memo Application Materials Notice Staff Presentation A motion was made by Trustee Charles, seconded by Trustee Haid, that this Agenda Item be approved. The motion carried by the following vote: Aye: 5- Mayor Carroll, Trustee Woog, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg Nay: 2- Mayor Pro Tem Deakin, and Trustee Charles 20-029 PUBLIC HEARING: A Resolution of the Board of Trustees of the Town of Erie Approving the Service Plan for Westerly Metropolitan Districts Nos. 1-4 TOWN OF ERIE Page 5 Printed on 3/5/2020 Board of Trustees Meeting Minutes - Final January 28, 2020 Attachments: Resolution Proposed Service Plan Financial Plan 55 Ehlers and Associates review and comment Applicant's Response to Ehlers' Review of MD Service Plan 20-015 A Resolution of the Board Of Trustees of the Town of Erie Approving an Agreement for Professional Services With Jacobs Engineering Group, Inc. for Flood Insurance Rate Map Review for Boulder Creek in an amount not to exceed $100,000. Attachments: 08013C0429K.pdf 08013C0431K.pdf 08013C0433K.pdf Resolution.docx Jacobs-updated-A012120.docx 20-052 A Resolution of the Board of Trustees of the Town of Erie Authorizing a Services Agreement With Langdon Group for Home Rule Community Engagement in the Amount of $49,411.85 Attachments: Resolution Contract Citizen Engagement Plan with Timeline A motion was made by Trustee Haid, seconded by Trustee van Woudenberg, that this Agenda Item be approved. The motion carried by the following vote: Aye: 4- Mayor Carroll, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg Nay: 3- Mayor Pro Tem Deakin, Trustee Charles, and Trustee Woog 20-081 An Ordinance of the Town of Erie to Approve Enhanced Sales Tax Incentive Program Attachments: Ordinance Presentation 20-065 A Resolution of the Board of Trustees of the Town of Erie Approving a Services Agreement With Cosolve Inc. for Economic Development Services Attachments: Resolution Agreement Presentation A motion was made that this Agenda Item be approved. The motion carried by TOWN OF ERIE Page 6 Printed on 3/5/2020 Board of Trustees Meeting Minutes - Final January 28, 2020 the following vote: Aye: 7- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Woog, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg 20-071 A Resolution of the Board of Trustees of the Town of Erie Approving the Second Amendment to the Surface Use Agreement with Anadarko for Property that is Part of Erie Community Park Attachments: Resolution Second Amendment to Surface Use Agreement 20-096 Town Administrator's Year End Status Report on 2019 Work Plan and Review of 2020 Work Plan Attachments: 2019 Work Plan Year End Status Report 2020 Work Plan 20-073 Appointment to the Tree Board Attachments: Recommendation of Appointment - via email Toby Hopps - Application Steve Garrison - Application Yusupha Jow - Application A motion was made by Mayor Pro Tem Deakin, seconded by Trustee Haid, that this Agenda Item be approved. The motion carried by the following vote: Aye: 6- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Woog, Trustee Haid, and Trustee Gippe 20-050 Volunteer Advisor Appointment to Historic Preservation Advisory Board Attachments: Heidi Short - Resume A motion was made by Trustee Haid, seconded by Trustee Charles, that this Agenda Item be approved. The motion carried by the following vote: Aye: 7- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Woog, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg VII. STAFF REPORTS 9:30 PM 20-034 2020 Water Conservation Programs Update 20-047 2019 Single Family Residential Building Permit Report Attachments: Build Permit Chart 20-068 Emergency Expenditure of Conservation Trust Funds for the Removal of Additional Hazardous Trees Along Jasper Road in Wise Homestead Open TOWN OF ERIE Page 7 Printed on 3/5/2020 Board of Trustees Meeting Minutes - Final January 28, 2020 Space in the Amount of $25,705.84 20-072 Update on Oil and Gas Action Items Attachments: Crestone Peak Air Monitoring New Release VIII. EXECUTIVE SESSION 9:30 PM A motion was made by Trustee Charles, seconded by Trustee Haid, that this Agenda Item be approved. The motion carried by the following vote: Aye: 5- Mayor Carroll, Trustee Woog, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg Nay: 2- Mayor Pro Tem Deakin, and Trustee Charles 20-086 Executive Session for the Following Purposes: (1) to Hold a Conference With the Town Attorney to Receive Legal Advice on Specific Legal Questions, Pursuant to C.R.S. § 24-6-402(4)(b), Regarding AIG's denial of the Town's Crime Claim; (2) to Hold a Conference with Town Attorney and the Town's Special Counsel to Receive Legal Advice on Specific Legal Questions, Pursuant to C.R.S. § 24-6-402(4)(b), Regarding Litigation; and (3) 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), Regarding the Town Attorney's Legal Services Agreement with the Town. IX. GENERAL BUSINESS 10:30 PM 20-095 Action as a Result of Executive Session X. BOARD OF TRUSTEES REPORTS & APPOINTMENTS 10:40 PM XI. ADJOURNMENT 10:50 PM 20-052 A Resolution of the Board of Trustees of the Town of Erie Authorizing a Services Agreement With Langdon Group for Home Rule Community Engagement in the Amount of $49,411.85 Attachments: Resolution Contract Citizen Engagement Plan with Timeline A motion was made by Trustee Haid, seconded by Trustee Gippe, that this Agenda Item be approved. The motion carried by the following vote: Aye: 7- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Woog, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg A motion was made by Trustee Charles, seconded by Trustee Haid, that this Agenda Item be approved. The motion carried by the following vote: TOWN OF ERIE Page 8 Printed on 3/5/2020 Board of Trustees Meeting Minutes - Final January 28, 2020 Aye: 7- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Woog, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg A motion was made by Trustee Charles, seconded by Trustee Woog, that this Agenda Item be approved. The motion carried by the following vote: Aye: 7- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Woog, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg 20-027 Letter of Intent from the Town of Erie regarding Commitment to Become a SolSmart-designated Community Attachments: SolSmart Solar Statement A motion was made by Mayor Pro Tem Deakin, seconded by Trustee Charles, that this Agenda Item be approved. The motion carried by the following vote: Aye: 6- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg Nay: 1- Trustee Woog 20-059 A Resolution of the Board of Trustees of the Town of Erie Approving an Agreement for Services with Veris Environmental, LLC. for Biosolids Hauling Services Attachments: Resolution Agreement for Services A motion was made by Mayor Pro Tem Deakin, seconded by Trustee Haid, that this Agenda Item be approved. The motion carried by the following vote: Aye: 4- Mayor Pro Tem Deakin, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg Nay: 3- Mayor Carroll, Trustee Charles, and Trustee Woog TOWN OF ERIE Page 9 Printed on 3/5/2020