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Town Council

Regular Meeting

Erie, PA · March 10, 2020

AgendaMinutes

Minutes

645 Holbrook Street TOWN OF ERIE Erie, CO 80516 Meeting Minutes - Final Board of Trustees Tuesday, March 10, 2020 7:45 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 7:45 PM IN THE BOARD ROOM I. CALL MEETING TO ORDER 7:45 PM II. PLEDGE OF ALLEGIANCE AND ROLL CALL Present: 7- Mayor Carroll Mayor Pro Tem Deakin Trustee Charles Trustee Woog Trustee Haid Trustee Gippe Trustee van Woudenberg III. APPROVAL OF THE AGENDA A motion was made by Mayor Pro Tem Deakin, seconded by Trustee Haid, that this Agenda 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 IV. CONSENT AGENDA 7:50 PM A mothion to approve the Consent Agent Aye: 7- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Woog, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg 20-069 A Resolution of the Board of Trustees of the Town of Erie Approving an Agreement with Kelly Enterprises, LTD For the Management of the 2020 Erie Farmer’s Markets and Neighborhood Block Parties in the Amount of $35,000 Attachments: Agreement Resolution A motion was made by Trustee Woog that this Agenda Item be approved. The TOWN OF ERIE Page 1 Printed on 4/15/2020 Board of Trustees Meeting Minutes - Final March 10, 2020 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 20-101 Approval of February 25, 2020 Draft Meeting Minutes Attachments: MeetingMinutes 25 FEB, 2020 20-120 An Ordinance of the Board of Trustees of the Town of Erie Amending Section 2-10-4 of the Erie Municipal Code Regarding the Water Hydrant Meter Deposit Attachments: Ordinance Pictures 20-121 A Resolution of the Board of Trustees of the Town of Erie Approving a Commitment to Fund a Portion of State Highway 52 Planning and Environmental Linkage (PEL) Study and Access Control Plan (ACP) in the Amount of $28,000 Attachments: Resolution SH52 CDOT Request 20-125 A Resolution of the Board of Trustees of the Town of Erie Approving an Encroachment License Agreement with the High Plains Library District Attachments: Resolution Encroachment License Agreement 20-145 A Resolution of the Board of Trustees of the Town of Erie Approving the Replacement of the Defender Filtration System at the Erie Community Center Indoor Pool in the Amount of $189,060.00 Attachments: Resolution CEM Defender Filtration Replacement Quote 20-151 A Resolution of the Board of Trustees of the Town of Erie Approving Change Order No. 2 to the Agreement with Leonard Rice Engineers for the Water Supply Planning Project in the Amount of $50,000 Attachments: Resolution Change Order V. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA 8:10 PM Jenny Johnson, 897 Sundance Lane, Erie, Co for Kid's bike program. VI. GENERAL BUSINESS 8:00 PM TOWN OF ERIE Page 2 Printed on 4/15/2020 Board of Trustees Meeting Minutes - Final March 10, 2020 20-144 Arbor Day Proclamation Attachments: Proclamation Arbor Day Flyer No action required for the Arbor Day Proclamation. 20-146 A Resolution of the Board of Trustees of the Town of Erie Adopting the Erie Community Park - Final Phase Master Plan Attachments: Resolution Erie Community Park - Final Phase Master Plan Rendering 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: 6- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg Nay: 1- Trustee Woog 20-057 A Resolution of the Board of Trustees of the Town of Erie Approving Change Order No. 2 to the Agreement with RockSol Consulting Group for Construction Management for the Erie Parkway Bridge Project in the amount of $30,000 Attachments: Resolution Change Order 2 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: 7- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Woog, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg 20-024 An Ordinance of the Board of Trustees of the Town of Erie Consenting to the Applicability of the Boulder County Commercial Waste Hauler Licensing Ordinance within the Town and Amending Title 4 of the Erie Municipal Code Accordingly Attachments: Ordinance C.R.S. 2017 pages 193-194 Sustainability Master Plan (page 31) A motion was made by Trustee Gippe, seconded by Trustee Charles, that this Agenda Item be approved. The motion carried by 6-1 Nay: 1- Trustee Woog 20-167 An Emergency Ordinance of The Board of Trustees of the Town of Erie Authorizing the Transfer of Real Property to the Town of Erie Urban Renewal Authority TOWN OF ERIE Page 3 Printed on 4/15/2020 Board of Trustees Meeting Minutes - Final March 10, 2020 Attachments: Ordinance 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: 7- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Woog, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg 20-154 A Resolution of the Board of Trustees of the Town of Erie Approving a Development Agreement With Nine Mile Metropolitan District, Evergreen-287 & Arapahoe, LLC, Evergreen-287 & Arapahoe Apartments, LLC, Nine Mile Metropolitan District and the Town of Erie Urban Renewal Authority for the Nine Mile Corner Development Attachments: Resolution Development Agreement 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: 7- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Charles, Trustee Woog, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg 20-148 PUBLIC HEARING: An Ordinance of the Board of Trustees of the Town of Erie Approving with Conditions the Nine Mile Planned Development. Attachments: Ordinance PD Amendment No. 1 Staff Memo Application Materials Neighborhood Meeting BOT Notice 3-4-2020 PC Meeting Minutes A motion was made by Trustee Gippe, seconded by Trustee van Woudenberg, that this Agenda Item be amended. 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 20-149 PUBLIC HEARING: A Resolution of the Board of Trustees of the Town of Erie Approving the Minor Subdivision Plat for the Nine Mile Development TOWN OF ERIE Page 4 Printed on 4/15/2020 Board of Trustees Meeting Minutes - Final March 10, 2020 Attachments: Resolution Plat Staff Memo Application Materials Referral Comments Certificate of Notice to Mineral Estate Owner Neighborhood Meeting BOT Notice 3-4-2020 PC Meeting Minutes A motion was made by Mayor Pro Tem Deakin, 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 20-122 An Emergency Ordinance of the Board of Trustees of the Town of Erie, Colorado, Amending Title 10 Chapter 12 of the Unified Development Code by Adding Section 10.12.6, Existing Oil and Gas Operations Attachments: Ordinance - Emergency Ordinance - Non-emergency The first Ordinance Emergency was denied . The motion was defeated 4-3 The second motion was made by Mayor Pro Tem Deakin and Seconded by Trustee Von Woodenberg , T motion passed 5-2. Aye: 5- Mayor Carroll, Mayor Pro Tem Deakin, Trustee Haid, Trustee Gippe, and Trustee van Woudenberg Nay: 2- Trustee Charles, and Trustee Woog VII. STAFF REPORTS 9:50 PM 20-143 Erie Municipal Airport Monthly Report - February 2020 Attachments: February Report VIII. BOARD OF TRUSTEES REPORTS & APPOINTMENTS 9:50 PM Mayor Pro Tem Deakin - Update on RTD Trustee Charles - Working on the Historic Preservation Master Plan, will present on March 24. Trustee Gippe ; Encouraged everyone to make sure they responded to the Census. Trustee Woog - There should be zero tolerance for dogs off leash. Trustee Von Woodenberg gave a report on the Tree board and the planned activities. TOWN OF ERIE Page 5 Printed on 4/15/2020 Board of Trustees Meeting Minutes - Final March 10, 2020 Mayor Carroll - reported on Covid-19 and the steps the town is taking to help stop the spread and keep us -safe. IX. EXECUTIVE SESSION 9:55 PM 20-087 An executive session to hold a conference with the Town's Special Counsel to receive legal advice on specific legal questions regarding scope of authority, pursuant to C.R.S. § 24-6-402(4)(b) concerning oil and gas regulations. X. ADJOURNMENT 10:25 PM TOWN OF ERIE Page 6 Printed on 4/15/2020

Agenda

645 Holbrook Street TOWN OF ERIE Erie, CO 80516 Meeting Agenda Board of Trustees Tuesday, March 10, 2020 7:45 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 7:45 PM IN THE BOARD ROOM I. CALL MEETING TO ORDER 7:45 PM II. PLEDGE OF ALLEGIANCE AND ROLL CALL III. APPROVAL OF THE AGENDA IV. CONSENT AGENDA 7:50 PM (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.) 20-069 A Resolution of the Board of Trustees of the Town of Erie Approving an Agreement with Kelly Enterprises, LTD For the Management of the 2020 Erie Farmer’s Markets and Neighborhood Block Parties in the Amount of $35,000 Attachments: Contract Resolution 20-069 20-101 Approval of February 25, 2020 Draft Meeting Minutes Attachments: MeetingMinutes 25 FEB, 2020 20-120 An Ordinance of the Board of Trustees of the Town of Erie Amending Section 2-10-4 of the Erie Municipal Code Regarding the Water Hydrant Meter Deposit Attachments: Ordinance Pictures TOWN OF ERIE Page 1 Printed on 3/9/2020 Board of Trustees Meeting Agenda March 10, 2020 20-121 A Resolution of the Board of Trustees of the Town of Erie Approving a Commitment to Fund a Portion of State Highway 52 Planning and Environmental Linkage (PEL) Study and Access Control Plan (ACP) in the Amount of $28,000 Attachments: Resolution SH52 CDOT Request 20-125 A Resolution of the Board of Trustees of the Town of Erie Approving an Encroachment License Agreement with the High Plains Library District Attachments: Resolution Encroachment License Agreement 20-145 A Resolution of the Board of Trustees of the Town of Erie Approving the Replacement of the Defender Filtration System at the Erie Community Center Indoor Pool in the Amount of $189,060.00 Attachments: Resolution CEM Defender Filtration Replacement Quote 20-151 A Resolution of the Board of Trustees of the Town of Erie Approving Change Order No. 2 to the Agreement with Leonard Rice Engineers for the Water Supply Planning Project in the Amount of $50,000 Attachments: Resolution Change Order V. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA 8:10 PM (This agenda item provides the public an opportunity to discuss items other than ordinances, 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. GENERAL BUSINESS 8:00 PM (This agenda item is reserved for matters that are ready for Board action, and do not fit into other categories, i.e. resolutions, ordinances…) 20-144 Arbor Day Proclamation Attachments: Proclamation Arbor Day Flyer 20-146 A Resolution of the Board of Trustees of the Town of Erie Adopting the Erie Community Park - Final Phase Master Plan Attachments: Resolution Erie Community Park - Final Phase Master Plan Rendering TOWN OF ERIE Page 2 Printed on 3/9/2020 Board of Trustees Meeting Agenda March 10, 2020 20-057 A Resolution of the Board of Trustees of the Town of Erie Approving Change Order No. 2 to the Agreement with RockSol Consulting Group for Construction Management for the Erie Parkway Bridge Project in the amount of $30,000 Attachments: Resolution Change Order 2 20-024 An Ordinance of the Board of Trustees of the Town of Erie Consenting to the Applicability of the Boulder County Commercial Waste Hauler Licensing Ordinance within the Town and Amending Title 4 of the Erie Municipal Code Accordingly Attachments: Ordinance C.R.S. 2017 pages 193-194 Sustainability Master Plan (page 31) 20-167 An Emergency Ordinance of The Board of Trustees of the Town of Erie Authorizing the Transfer of Real Property to the Town of Erie Urban Renewal Authority Attachments: Ordinance 20-154 A Resolution of the Board of Trustees of the Town of Erie Approving a Development Agreement With Nine Mile Metropolitan District, Evergreen-287 & Arapahoe, LLC, Evergreen-287 & Arapahoe Apartments, LLC, Nine Mile Metropolitan District and the Town of Erie Urban Renewal Authority for the Nine Mile Corner Development Attachments: Resolution Development Agreement 20-148 PUBLIC HEARING: An Ordinance of the Board of Trustees of the Town of Erie Approving with Conditions the Nine Mile Planned Development. Attachments: Ordinance PD Amendment No. 1 Staff Memo Application Materials Neighborhood Meeting BOT Notice 3-4-2020 PC Meeting Minutes TOWN OF ERIE Page 3 Printed on 3/9/2020 Board of Trustees Meeting Agenda March 10, 2020 20-149 PUBLIC HEARING: A Resolution of the Board of Trustees of the Town of Erie Approving the Minor Subdivision Plat for the Nine Mile Development Attachments: Resolution Plat Staff Memo Application Materials Referral Comments Certificate of Notice to Mineral Estate Owner Neighborhood Meeting BOT Notice 3-4-2020 PC Meeting Minutes 20-122 An Emergency Ordinance of the Board of Trustees of the Town of Erie, Colorado, Amending Title 10 Chapter 12 of the Unified Development Code by Adding Section 10.12.6, Existing Oil and Gas Operations Attachments: Ordinance - Emergency Ordinance - Non-emergency VII. STAFF REPORTS 9:50 PM (This agenda item is reserved for items that are information only.) 20-143 Erie Municipal Airport Monthly Report - February 2020 Attachments: February Report VIII. BOARD OF TRUSTEES REPORTS & APPOINTMENTS 9:50 PM (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.) IX. EXECUTIVE SESSION 9:55 PM 20-087 An executive session to hold a conference with the Town's Special Counsel to receive legal advice on specific legal questions regarding scope of authority, pursuant to C.R.S. § 24-6-402(4)(b) concerning oil and gas regulations. X. ADJOURNMENT 10:25 PM (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 3/9/2020

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