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Town Council

Regular Meeting

Erie, PA · November 10, 2020

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Minutes

645 Holbrook Street TOWN OF ERIE Erie, CO 80516 Meeting Minutes - Final Board of Trustees Tuesday, November 10, 2020 6:30 PM via Virtual Meeting http://bit.ly/Nov10BOTMeeting Attendee Access via telephone: +1 669 900 9128 Webinar ID: 947 8025 9441 Pre-Meeting I. CALL MEETING TO ORDER Mayor Jennifer Carroll called the meeting to order at 6:32 p.m. II. PLEDGE OF ALLEGIANCE III. ROLL CALL PRESENT: Mayor Jennifer Carroll, Trustee Bill Gippe, Trustee Christiaan VanWoudenberg, Trustee Brandon Bell, Trustee Ari Harrison, Trustee Sara Loflin. Mayor Pro Tem Adam Haid was absent. IV. APPROVAL OF AGENDA Trustee Gippe moved to approve the agenda. The motion was seconded by Trustee Bell. The motion passed 6-0 at 6:34 p.m. with Mayor Pro Tem Haid absent. V. CONSENT AGENDA Trustee Gippe moved to accept the consent Agenda. Trustee Harrison seconded the motion. The motion passed 6-0 at 6:34 p.m. with Mayor Pro Tem Haid absent. 20-558 Approval of the October 27, 2020 Board of Trustees Meeting Minutes Attachments: October 27, 2020 Minutes 20-539 A Resolution of the Board of Trustees of the Town of Erie Approving a Change Order to the Construction Contact with Asphalt Specialties, Inc. for Shoulder Work Attachments: Resolution 20-179 Change Order 20-548 A Resolution of the Board of Trustees of the Town of Erie Approving an Additional Expenditure of up to $80,000 for Construction of a Storage Barn TOWN OF ERIE Page 1 Printed on 12/22/2020 Board of Trustees Meeting Minutes - Final November 10, 2020 on the Allan Farms Open Space Property Attachments: Resolution 20-549 A Resolution of the Board of Trustees of the Town of Erie Approving an Amendment to the Agreement Regarding Final Design, Right-of-Way Acquisition and Construction of Drainage and Flood Control Improvements for Coal Creek from County Line Road to Kenosha Road, with Urban Drainage and Flood Control District d/b/a Mile High Flood District Attachments: Amendment Resolution 20-554 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 Morgan Hill Filing No. 2 Subdivision Attachments: Resolution No. 20-188 Morgan Hill Filing No. 2 Final Plat Development Agreement 20-561 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 Parkdale Filing No. 2 Subdivision Attachments: Resolution 20-189 Parkdale Filing No 2 Final Plat Development Agreement 20-545 An Ordinance of the Board of Trustees of the Town of Erie Approving a Lease Agreement with CoSolve , Inc. for 625 Pierce Street, Erie, Colorado Attachments: 625 Pierce Lease-Ordinance 625 Pierce Lease-A110220 VI. PUBLIC COMMENT Mayor Carroll read the Public Comment Rules and Open Public Comment period at 6:35 p.m. 2 Speakers Participated: Jeff Hartzell - 803 Eva Park Drive Kristin Barnett - 926 Gloria View Drive Deferred comment until the Public Hearing on 20-453. With no more speakers, Mayor Carroll closed the Public Hearing at 7:13 p.m. VII. GENERAL BUSINESS 20-546 2020 Law Enforcement Records Personnel Week Proclamation TOWN OF ERIE Page 2 Printed on 12/22/2020 Board of Trustees Meeting Minutes - Final November 10, 2020 Attachments: CO State 2020 Law Enforcement Records Personnel Week LE Records Personnel Week Proclamation 2020 Chief of Police Kim Stewart and Trustee Bill Gippe read the Proclamation declaring November 9 through November 13, 2020, as Law Enforcement Records Personnel Week. 20-453 PUBLIC HEARING: An Ordinance of the Board of Trustees of the Town of Erie Approving the Bridgewater P.U.D. Overlay Map, Amendment No. 5 Attachments: UPDATED BOT Ordinance UPDATED Staff Report Existing Bridgewater (Colliers Hill) PUD Previous PUD document UPDATED PUD document Application and Narrative UPDATED PUD explanation Other Applicant Materials Referral Comments Neighborhood Meeting Summary UPDATED Notifications UPDATED Staff Presentation UPDATED Applicant Presentation PC Resolution UPDATED Letter from applicant's attorney Chris LaRue, Senior Planner presented the Ordinance. Speakers for the Applicant were, Jerry Richmond, Eva Mather, North Design, and Alison Jones. The Public Hearing was opened by Mayor Carroll at 6:43 p.m. 3 Residents were heard: Kristin Barnett - 926 Gloria View Drive, Karlissa Lim - 1168 Allen Court Kelsey Barnholt - The Public Hearing closed at 7:35 p.m. Trustee Bell moved to approve the Ordinance. The motion was seconded by Trustee Bell. The motion passed 6-0 at 8:14 p.m. with Mayor Pro Tem Haid absent. 20-553 PUBLIC HEARING: An Ordinance of the Board of Trustees of the Town of Erie Repealing and Reenacting Chapters 1, 2, 3, 5 and 10 of Title 10 of the Erie Municipal Code and Repealing Chapter 8 of Title 10 of the Erie Municipal Code; and an Ordinance of the Board of Trustees of the Town of Erie Amending Title 3 of the Erie Municipal Code by the Addition of a New Chapter 7, Concerning the Board of Adjustment TOWN OF ERIE Page 3 Printed on 12/22/2020 Board of Trustees Meeting Minutes - Final November 10, 2020 Attachments: Ordinance 46-2020 Ordinance 47-2020 Chapter 1- redline Chapter 1- clean Chapter 2 - redline Chapter 2 - clean Chapter 3 - redline Chapter 3 - clean Chapter 5 - redline Chapter 5 - clean Chapter 8 - redline Chapter 8 - clean Chapter 10 - redline Chapter 10 - clean Deborah Bachelder, Deputy Director of Planning and Development, presented the Ordinance amending the Municipal Code. Public Comment was opened at 8:30 p.m. 1 Speaker was heard: Heidi Majerick, 1225 17th Street, Denver Public comment was closed at 8:35 p.m. Trustee Gippe made the motion to accept the Ordinance with 2 verbiage changes. Trustee Van Woudenberg seconded the motion. The motion carried with a vote of 6-0 at 8:58 p.m., with Mayor Pro Tem Haid absent. 20-547 PUBLIC HEARING: An Ordinance of the Board of Trustees of the Town of Erie Repealing and Reenacting Chapter 12 of Title 10 of the Erie Municipal Code Attachments: Ordinance 44-2020 Chapter 12 - redlines Chapter 12 - clean October 21, 2020 Planning Commission Minutes The ordinance was presented by Farrell Buller, Deputy Town Administrator, and Barbara Green, Attorney. Public hearing was opened at 8:59 p.m. 2 Speakers participated. Bryon Bednar - 280 Skyline Drive Emily Baer - 1035 Cesena Drive TOWN OF ERIE Page 4 Printed on 12/22/2020 Board of Trustees Meeting Minutes - Final November 10, 2020 The public comment section was closed at 9:07 p.m. Trustee Van Woudenberg made to motion to accept the Ordinance. The motion was seconded by Trustee Gippe. The motion carried with a vote of 5-1 with Trustee Bell voting Nay, at 9:39 p.m. Mayor Pro Tem Haid was absent. 20-560 A Resolution of the Board of Trustees of the Town of Erie Approving an Agreement with The Recess Factory LLC for the Purchase and Installation of an Outdoor Ice Rink; and a Resolution of the Board of Trustees of the Town of Erie Approving a Lease Agreement with the Diana Shannon Living Trust for 130 Wells Street, Erie, Colorado Attachments: Resolution - Ice Rink Proposed Layout of 130 Wells Ice Rink Signed Ice_Rink_GSA_Construction and Deconstruction INV 3898_RecessFactory_TOE_IceRink_COGandDECO Signed_Ice_Rink_Maint-A110620.docx INV 3899_RecessFactory_TOE_IceRink_IceOperations 130 Wells Lease-R110520 130 Wells Lease-A110620 Ben Pratt, Economic Development Director, Patrick Hammer, Parks and Recreation Director and David Janoweick, Recess Factory, presented the Ice Rink Resolution. Trustee Gippe moved to approve the resolution. The motion was seconded by Trustee Bell. The motion carried with a vote of 6-0 with Mayor Pro Tem Adam Haid absent. VIII. STAFF REPORTS 20-483 Erie Municipal Airport Monthly Report - November 2020 Attachments: Nov Report EXECUTIVE SESSION 20-559 Executive Session 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), concerning the proposed sexually violent predator residency ordinance. Mayor Jennifer Carroll made the motion to go into Executive Session. Trustee Gippe seconded the motion at 10:25 p.m. Executive session adjourned at 10:50 p.m. IX. GENERAL BUSINESS 20-525 An Ordinance of The Board of Trustees of The Town of Erie Enacting a New Section 6-10-16 of the Erie Municipal Code, Entitled Unlawful TOWN OF ERIE Page 5 Printed on 12/22/2020 Board of Trustees Meeting Minutes - Final November 10, 2020 Sexually Violent Predator Residency Attachments: Proposed Ordinance No 36-2020 Trustee Gippe moved to approve the Ordinance. The motion was seconded by Trustee Bell. The motion passed with a vote of 6-0 at 10:50 p.m. with Mayor Pro Tem Haid absent. X. BOARD OF TRUSTEE REPORTS & ANNOUNCEMENTS The Board cautioned all residents to be proactive in wearing masks and social distancing. The Leaf composting event has been very successful so far, and there is another date set for Sunday, November 15, 2020. The board gave a shout out to Teachers and front line staff during this difficult time. XI. ADJOURNMENT The meeting was adjourned at 11:14 p.m. TOWN OF ERIE Page 6 Printed on 12/22/2020

Agenda

645 Holbrook Street TOWN OF ERIE Erie, CO 80516 Meeting Agenda Board of Trustees Tuesday, November 10, 2020 6:30 PM via Virtual Meeting http://bit.ly/Nov10BOTMeeting Attendee Access via telephone: +1 669 900 9128 Webinar ID: 947 8025 9441 Pre-Meeting 6:00 p.m. I. CALL MEETING TO ORDER 6:30 p.m. II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. CONSENT AGENDA 6:35 p.m. 20-558 Approval of the October 27, 2020 Board of Trustees Meeting Minutes Attachments: October 27, 2020 Minutes 20-539 A Resolution of the Board of Trustees of the Town of Erie Approving a Change Order to the Construction Contact with Asphalt Specialties, Inc. for Shoulder Work Attachments: Resolution 20-179 Change Order 20-548 A Resolution of the Board of Trustees of the Town of Erie Approving an Additional Expenditure of up to $80,000 for Construction of a Storage Barn on the Allan Farms Open Space Property Attachments: Resolution TOWN OF ERIE Page 1 Printed on 11/6/2020 Board of Trustees Meeting Agenda November 10, 2020 20-549 A Resolution of the Board of Trustees of the Town of Erie Approving an Amendment to the Agreement Regarding Final Design, Right-of-Way Acquisition and Construction of Drainage and Flood Control Improvements for Coal Creek from County Line Road to Kenosha Road, with Urban Drainage and Flood Control District d/b/a Mile High Flood District Sponsors: Public Works Attachments: Amendment Resolution 20-554 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 Morgan Hill Filing No. 2 Subdivision Attachments: Resolution No. 20-188 Morgan Hill Filing No. 2 Final Plat Development Agreement 20-561 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 Parkdale Filing No. 2 Subdivision Attachments: Resolution 20-189 Parkdale Filing No 2 Final Plat Development Agreement 20-545 An Ordinance of the Board of Trustees of the Town of Erie Approving a Lease Agreement with CoSolve , Inc. for 625 Pierce Street, Erie, Colorado Attachments: 625 Pierce Lease-Ordinance 625 Pierce Lease-A110220 VI. PUBLIC COMMENT 6:40-6:55 p.m. (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.) VII. GENERAL BUSINESS 20-546 2020 Law Enforcement Records Personnel Week Proclamation Attachments: CO State 2020 Law Enforcement Records Personnel Week LE Records Personnel Week Proclamation 2020 6:55-7:00 p.m. KimStewart TOWN OF ERIE Page 2 Printed on 11/6/2020 Board of Trustees Meeting Agenda November 10, 2020 20-453 PUBLIC HEARING: An Ordinance of the Board of Trustees of the Town of Erie Approving the Bridgewater P.U.D. Overlay Map, Amendment No. 5 Attachments: UPDATED BOT Ordinance UPDATED Staff Report Existing Bridgewater (Colliers Hill) PUD Previous PUD document UPDATED PUD document Application and Narrative UPDATED PUD explanation Other Applicant Materials Referral Comments Neighborhood Meeting Summary UPDATED Notifications UPDATED Staff Presentation UPDATED Applicant Presentation PC Resolution UPDATED Letter from applicant's attorney 7:00-8:00 p.m. Fred Starr TOWN OF ERIE Page 3 Printed on 11/6/2020 Board of Trustees Meeting Agenda November 10, 2020 20-553 PUBLIC HEARING: An Ordinance of the Board of Trustees of the Town of Erie Repealing and Reenacting Chapters 1, 2, 3, 5 and 10 of Title 10 of the Erie Municipal Code and Repealing Chapter 8 of Title 10 of the Erie Municipal Code; and an Ordinance of the Board of Trustees of the Town of Erie Amending Title 3 of the Erie Municipal Code by the Addition of a New Chapter 7, Concerning the Board of Adjustment Attachments: Ordinance 43-2020 Ordinance 42-2020 Chapter 1- redline Chapter 1- clean Chapter 2 - redline Chapter 2 - clean Chapter 3 - redline Chapter 3 - clean Chapter 5 - redline Chapter 5 - clean Chapter 8 - redline Chapter 8 - clean Chapter 10 - redline Chapter 10 - clean 8:00-8:30 p.m. Fred Starr 20-547 PUBLIC HEARING: An Ordinance of the Board of Trustees of the Town of Erie Repealing and Reenacting Chapter 12 of Title 10 of the Erie Municipal Code Attachments: Ordinance 44-2020 Chapter 12 - redlines Chapter 12 - clean October 21, 2020 Planning Commission Minutes 8:30-9:30 p.m. Farrell Buller TOWN OF ERIE Page 4 Printed on 11/6/2020 Board of Trustees Meeting Agenda November 10, 2020 20-560 A Resolution of the Board of Trustees of the Town of Erie Approving an Agreement with The Recess Factory LLC for the Purchase and Installation of an Outdoor Ice Rink; and a Resolution of the Board of Trustees of the Town of Erie Approving a Lease Agreement with the Diana Shannon Living Trust for 130 Wells Street, Erie, Colorado Attachments: Resolution - Ice Rink Proposed Layout of 130 Wells Ice Rink Signed Ice_Rink_GSA_Construction and Deconstruction INV 3898_RecessFactory_TOE_IceRink_COGandDECO Signed_Ice_Rink_Maint-A110620.docx INV 3899_RecessFactory_TOE_IceRink_IceOperations 130 Wells Lease-R110520 130 Wells Lease-A110620 9:30-9:45 p.m. Ben Pratt VIII. STAFF REPORTS (This agenda item is reserved for items that are information only.) 20-483 Erie Municipal Airport Monthly Report - November 2020 Attachments: Nov Report EXECUTIVE SESSION 20-559 Executive Session 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), concerning the proposed sexually violent predator residency ordinance. 9:45-10:05 p.m. Kendra Carberry IX. GENERAL BUSINESS 20-525 An Ordinance of The Board of Trustees of The Town of Erie Enacting a New Section 6-10-16 of the Erie Municipal Code, Entitled Unlawful Sexually Violent Predator Residency Attachments: Proposed Ordinance No 36-2020 10:05-10:10 p.m. Kim Stewart X. BOARD OF TRUSTEE REPORTS & ANNOUNCEMENTS 10:10-10:25 p.m.. TOWN OF ERIE Page 5 Printed on 11/6/2020 Board of Trustees Meeting Agenda November 10, 2020 XI. ADJOURNMENT 10:25 p.m. (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 6 Printed on 11/6/2020

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