Town Council

645 Holbrook Street TOWN OF ERIE Erie, CO 80516 Meeting Minutes - Final Board of Trustees Tuesday, May 12, 2020 6:30 PM Board Room REGULAR MEETING to begin immediately after the URA Meeting; BOARD ROOM via ZOOM I. CALL MEETING TO ORDER 6:45 p.m. or immediately after URA meeting II. PLEDGE OF ALLEGIANCE AND ROLL CALL Mayor Carroll Mayor Pro Tem Haid Trustee Gippe Trustee Van Woudenberg Trustee Belll Trustee Harrison Trustee Loflin III. APPROVAL OF THE AGENDA A motion was made by Trustee van Woudenberg, seconded by Trustee Gippe, that this Agenda be approved. The motion carried by the following vote: Aye: 7 Mayor Pro tem Haid, Trustee Gippe, Trustee VanWoudenberg, Trustee Bell. Trustee Harrison, Trustee Loflin, Mayor Carroll at 7:03 p.m. IV. CONSENT AGENDA A motion was made by Trustee Harrison, seconded by Trustee Bell, that this Agenda be approved. The motion carried by the following vote: Aye: 7 Mayor Pro tem Haid, Trustee Gippe, Trustee VanWoudenberg, Trustee Bell. Trustee Harrison, Trustee Loflin, Mayor Carroll at 7:04 p.m 20-278 Approval of the April 24, 2020 Board of Trustees Meetings Minutes Attachments: Meeting Minutes BOT 04-28-2020 20-104 A Resolution of the Board of Trustees of the Town of Erie Approving an Easement Agreement between the Town of Erie and Cellco Partnership d/b/a Verizon Wireless Allowing Utility Access through Town Property for Construction and Use of a Verizon Telecommunication Facility Located on Adjacent Private Property Attachments: 1. Resolution 2. Easement and Exhibits TOWN OF ERIE Page 1 Printed on 11/5/2020 Board of Trustees Meeting Minutes - Final May 12, 2020 20-240 A Resolution of the Board of Trustees of the Town of Erie Approving the Seventh Amendment to the Disposition and Development Agreement for the Nine Mile Project Attachments: DDA 7th Amend-DEVELOPER EXECUTED Resolution 20-254 A Resolution of the Board of Trustees of the Town of Erie Accepting Dedications as Shown on the Final Plat for the East Addition, Elrod Amendment Subdivision Attachments: Resolution East Addition, Elrod Amendment (Final Plat) Application and Narrative Other Applicant Materials Referral Agency Comments 20-259 A Resolution of the Board of Trustees of the Town of Erie Approving a Permanent Utility Easement Agreement for Construction of a Town Sanitary Sewer Manhole and Sanitary Sewer Line in the Wild Rose Subdivision Attachments: Resolution Easement Agreement Initial Easement Area - Exhibit A to be amended Location Map 20-262 A Resolution of the Board of Trustees of the Town of Erie Approving a Joint Use Agreement Between the Aspen Ridge Preparatory School, Inc. Attachments: Resolution Joint Use Agreement 20-264 A Resolution of the Board of Trustees of the Town of Erie Approving a Professional Services Agreement with Wember, Inc. for Owner’s Representation for Erie Community Park - Final Phase in the Amount of $121,819 Attachments: Resolution Professional Services Agreement 20-267 A Resolution of the Board of Trustees of the Town of Erie Approving Change Orders No. 1 and 2 to the Agreement with Speigel Industrial LLC for the 4MG Concrete Tank Lining Removal TOWN OF ERIE Page 2 Printed on 11/5/2020 Board of Trustees Meeting Minutes - Final May 12, 2020 Attachments: Resolution Change Orders 20-281 A Resolution of the Board of Trustees of the Town of Erie Approving an Intergovernmental Agreement with Weld County for the CDBG Entitlement Program Attachments: Resolution on IGA with Weld County re CDBG Program 2020.05.12 2020.03.23 Letter from Weld County Chair CDBG Flyer_2.1 Erie-HUD IGA V. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA 6:50 p.m. VI. GENERAL BUSINESS 7:00 p.m. 20-230 2020 National Public Works Week Proclamation Attachments: Proclamation 2020 NPWW Poster 20-261 Older Americans Month Proclamation Attachments: Proclamation 20-046 Honorary Proclamation Police Week and Peace Officers’ Memorial Day May 15, 2020 Attachments: 2020 May Police Week proclamation 20-257 VFW Certificate Presentation Attachments: Certificate 20-176 Erie Municipal Airport Monthly Report - May 2020 Attachments: Monthly Report Airport Manager, Jason Hurd spoke to the board. 20-109 PUBLIC HEARING: A Resolution of the Board of Trustees of the Town of Erie Approving the Sunset Preliminary Plat with Conditions TOWN OF ERIE Page 3 Printed on 11/5/2020 Board of Trustees Meeting Minutes - Final May 12, 2020 Attachments: Resolution Preliminary Plat (as presented on February 11) Staff Memo Staff Presentation (as presented on February 11) Applicant Presentation (as presented on February 11) Applicant Narrative Materials dated 5.12.2020 Applicant Presentation dated 5.12.2020 Neighborhood Meeting 2 April 30, 2020 Applicant Narrative 5.15.2020 Preliminary Plat 5.15.20 5.26.2020 Applicant Presentation The public hearing opened at 8:18 p.m. and 10 persons called in to comment. The Public hearing closed at 10:00p.m. A motion was made by Mayor Pro Tem Haid, seconded by Trustee Loflin, that this Agenda Item be moved to May 26, 2020. The motion carried by the following vote. Aye: 7 Mayor Pro tem Haid, Trustee Gippe, Trustee VanWoudenberg, Trustee Bell. Trustee Harrison, Trustee Loflin, Mayor Carroll at 10:13 p.m. 20-287 PUBLIC HEARING: A Resolution of the Board of Trustees of the Town of Erie Approving the Third Amended and Restated Service Plan for Sunset Parks Metropolitan District (continued from the May 12, 2020 Board of Trustees Meeting) Attachments: 1 -Resolution Sunset Service Plan-R051420 2 - Third Amended and Restated Service Plan - Sunset Parks with exhibits -resubmitted 01.29.20 2B -Sunset Parks MD PResentation 3 -Property Tax Estimator Sunset (002) 4 - Sunset Parks MD Service Plan Ehlers Review 5 -Sunset Parks MD Applicant Response to Ehlers Review 6 -Sunset Parks MD Ehlers Response to Miller Response 7 -Notice of 05.12.20 Public Hearing - AFFIDAVIT OF PUBLICATION 8 -Notice of Public Hearing CERTIFICATE OF MAILING A motion was made by Trustee Gippe, seconded by Trustee Harrison, that this Agenda Item be moved to May 26, 2020. The motion carried by the following vote: Aye: 7 Mayor Pro tem Haid, Trustee Gippe, Trustee VanWoudenberg, Trustee Bell. Trustee Harrison, Trustee Loflin, Mayor Carroll at 10:18 p.m. Due to time constraints of the meeting,the executive session schedUled for tonight will be moved to May 16, 2020. The Board of Trustees determined to take TOWN OF ERIE Page 4 Printed on 11/5/2020 Board of Trustees Meeting Minutes - Final May 12, 2020 a five-minute recess and return to begin item 20-53. 10:20 - 10:25 p.m. 20-253 PUBLIC HEARING: An Ordinance of the Board of Trustees of the Town of Erie Approving with Conditions the Parkdale P.U.D. Overlay Map, Amendment No. 2 Attachments: Staff Report BOT Ordinance Existing Parkdale PUD Overlay Map Proposed PUD document red lined Proposed PUD document clean Planning Commission Resolution P20-10 Planning Commission Meeting Minutes 04-15-2020 Application and Narrative Other Applicant Materials Referral Agency Comments Neighborhood Meeting Summary Notifications Public Comment Applicant Presentation Staff Presentation The Public Hearing was opened at 10:25 p.m. and John Prestwich called in to comment, The Public Hearing closed 11:05 p.m. A motion was made by Trustee Gippe, seconded by Trustee Bell that this Agenda item be Approved. The motion carried by the following vote : Aye: 7 Mayor Pro tem Haid, Trustee Gippe, Trustee VanWoudenberg, Trustee Bell. Trustee Harrison, Trustee Loflin, Mayor Carroll at 11:15 p.m. 20-235 A Resolution of the Board of Trustees of the Town of Erie Approving the Expenditure of Up To $120,000 For Construction of A Storage Barn On the Allan Farms Open Space Property Attachments: Resolution resolution moved out to 5-19 moved out to May 19 Moved out to May 19 Moved out to May 19 This item was continued until May 19, 2020 Special Meeting. TOWN OF ERIE Page 5 Printed on 11/5/2020 Board of Trustees Meeting Minutes - Final May 12, 2020 20-263 A Resolution of the Board of Trustees of the Town of Erie Approving a Professional Services Agreement with Design Concepts for Erie Community Park - Final Phase Construction Documents in the Amount of $487,683 Attachments: Resolution Professional Services Agreement This item was continued to the May 19, 2020 Special Meeting. 20-283 Follow-up from May 5th Study Session Discussion of 2020 Forecast - COVID-19 Impact, Options, Actions and Reopening Plans Attachments: Pandemic Budget Options 2020.05.08 April 24 email and attachments This item was moved to May 18, 2020 Board Meeting as a Special Meeting. The study session will include the Planning Commission Interviews at 6:00 p.m. followed by the First Amendment Auditors presentation. All other study session items were moved to June 16, 2020 Study Session. 20-236 A Resolution of the Board of Trustees of the Town of Erie approving an Agreement for Professional Services with Baseline Corp for North and South Roundabout Gateways to Town Center Peel Analysis in the Amount not to Exceed $89,417 Attachments: Resolution Consultant Agreement North-South Town Center Roundabout Gateway Analysis RFP Baseline Corp Submittal Baseline Corp Fee Structure This item was moved to May 9, Special Meeting. 20-258 A Resolution of the Board of Trustees of the Town of Erie Approving a Professional Services Agreement with SGM, Inc. for the Design of the Mobile Bypass System Attachments: Resolution Services Agreement item moved to 5-19 A motion was bade by Trustee Gippe, seconded by Trustee Harrison, that this Agenda item be approved. The motion carried by the following vote: Aye: 7 Mayor Pro tem Haid, Trustee Gippe, Trustee VanWoudenberg, Trustee Bell. Trustee Harrison, Trustee Loflin, Mayor Carroll at 11.25 p.m. 20-237 A Resolution of the Board of Trustees of the Town of Erie Approving the Fourth Amendment to the Lynn R. Morgan Water Treatment Facility TOWN OF ERIE Page 6 Printed on 11/5/2020 Board of Trustees Meeting Minutes - Final May 12, 2020 Expansion CMAR Contract With Garney Companies, Inc. Attachments: Resolution CMAR 4th Amend.docx A motion was made by Trustee Harrison, seconded by Trustee Van Woudenberg, that this agenda item be approved. The motion carried by the following vote: Aye: 7 Mayor Pro tem Haid, Trustee Gippe, Trustee VanWoudenberg, Trustee Bell. Trustee Harrison, Trustee Loflin, Mayor Carroll at 11:35 p.m. 20-238 A Resolution of the Board of Trustees of the Town of Erie Approving Change Order No. 1 to the Agreement with Burns & McDonnell Engineering Company, Inc. for the Design of the Hydroelectric Facility to Provide Construction Administration Services in the Amount of $166,158 Attachments: Resolution Change Order 1 A motion was made by Trustee Harrison, seconded by Trustee van Woudenberg, that this Agenda Item be approved. The motion carried by the following vote: Aye: 7 Mayor Pro tem Haid, Trustee Gippe, Trustee VanWoudenberg, Trustee Bell. Trustee Harrison, Trustee Loflin, Mayor Carroll. VII. BOARD OF TRUSTEES REPORTS & APPOINTMENTS 9:40 p.m. Trustee Bell asked that Michael Hoover's application for HPAB be included in the applicant [pool for the board's vacancies. Trustee Van Woudenberg asked for a report on oil and gas in an upcoming meeting VIII. EXECUTIVE SESSION 9:45 p.m. 20-286 Executive session to hold a conference with the Town attorney and special counsel to receive legal advice on specific legal questions, pursuant to C.R.S. § 24-6-402(4)(b), 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), on the following topics: AIG's denial of the Town's insurance claim; the Anadarko annexation agreement; and the Erie Thriving litigation. The executive Session was continued until May 26, 2020 Board Meeting. IX. ADJOURNMENT 11:40 P.M. TOWN OF ERIE Page 7 Printed on 11/5/2020