Town Council

645 Holbrook Street TOWN OF ERIE Erie, CO 80516 Meeting Agenda Board of Trustees Tuesday, October 12, 2021 6:30 PM Board Room via Virtual Meeting https://bit.ly/OCT12BOT I. CALL MEETING TO ORDER AND PLEDGE OF ALLEGIANCE 6:30 p.m. II. ROLL CALL III. APPROVAL OF AGENDA IV. EXECUTIVE SESSION 6:30-8:30 p.m. 21-433 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 contract with the Town's Prosecuting Attorney; 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 contract; 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), and to consider the purchase, acquisition, lease, transfer or sale of real, personal or other property, pursuant to C.R.S. § 24-6-402(4)(a), concerning the Regency property. V. CONSENT AGENDA 8:30-8:35 p.m. 21-431 Approval of the September 28, 2021 Board of Trustees Meeting Minutes Attachments: September 28, 2021 BOT Meeting Minutes TOWN OF ERIE Page 1 Printed on 10/11/2021 Board of Trustees Meeting Agenda October 12, 2021 21-411 An Ordinance of the Board of Trustees of the Town of Erie Amending Chapter 10 of Title 2 of the Erie Municipal Code to Allow the Schedule of Fees to be Adopted by Resolution AND A Resolution of the Board of Trustees of the Town of Erie Adopting the Town's Fee Schedule Attachments: Ordinance 30-2021 Resolution 21-134 21-426 A Resolution of the Board of Trustees of the Town of Erie Approving a Consent to Assignment of the Development Agreement for Rex Ranch Filing No. 3 Attachments: Resolution 21-139 Town Consent to Assignment 21-428 A Resolution of the Board of Trustees of the Town of Erie Approving the First Amendment to the Morgan Hill Filing 2 Development Agreement Attachments: Resolution No. 21-140 Morgan Hill Filing 2 Development Agreement Amendment 21-429 An Ordinance of the Board of Trustees of the Town of Erie Amending Section 8-1-9 of the Erie Municipal Code Regarding Annual Audits of Water Demands for Water Dedication Purposes Attachments: Ordinance (redline) Ordinance 32-2021 21-432 A Resolution of the Board of Trustees of the Town of Erie Appointing Members to the Historic Preservation Advisory Board Attachments: Resolution 21-141 HPAB Appointment letter 9 29 21 TOWN OF ERIE Page 2 Printed on 10/11/2021 Board of Trustees Meeting Agenda October 12, 2021 21-446 A Resolution of the Board of Trustees of the Town of Erie Approving the Colorado Opioids Settlement Memorandum of Understanding and the Associated Colorado Subdivision Escrow Agreement and Subdivision Participation Forms Attachments: Resolution 21-142 2021.10.01 email from AG re Opioid Settlement Colorado Opioid MOU Local Government Opioid Escrow Agreement Distributor Opioid Settlement Participation Form Johnson & Johnson - Janssen Opioid Settlement Participation Form Colorado Opioid MOU FAQ Colorado Opioid MOU Summary VI. PUBLIC COMMENT AND NON-AGENDA ITEMS 8:35-8:45 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 21-409 Consideration of a Community Organization Grant Request from NAACP Boulder County Attachments: NAACP Boulder County Grant Request Presentation 8:45-8:55 p.m. Presenters:Alicia Graves, NAACP Boulder County and Michelle Willingham, NAACP Boulder County 21-362 First Reading: An Ordinance of the Board of Trustees of the Town of Erie Granting a Natural Gas Franchise to Black Hills Colorado Gas, Inc. d/b/a Black Hills Energy Attachments: Ordinance 26-2021 Franchise Agreement 8:55-9:10 p.m. Presenter: Todd Fessenden, Public Works Director Carly West, Manager - Community Affairs at Black Hills Energy TOWN OF ERIE Page 3 Printed on 10/11/2021 Board of Trustees Meeting Agenda October 12, 2021 21-435 An Ordinance of the Board of Trustees of the Town of Erie Amending Chapter 5 of Article 2 of the Erie Municipal Code, to Modify the Town's Impact Fees Attachments: Ordinance 33-2021-Clean Ordinance 33-2021- Changes Consultant Study Consultant Power Point 9:10-10:10 p.m. Presenters: Victoria Runkle, Accounting Manager Fred Star, Planning Director and Carson Bise, President,TischlerBise Consultants 21-447 Planning Commission’s action to continue until December 1 consideration of proposed Ordinance Repealing and Reenacting Section 10-6-14 of the Erie Municipal Code, Regarding Development and Design Standards for Oil and Gas Facilities and Locations and requesting a joint study session with the Board of Trustees to discuss the proposed Ordinance. Attachments: Advanced Agenda as of 10-07-2021 10:10-10:40 p.m. Presenters: Malcolm Fleming, Town Administrator David Frank, Energy and Environment Programs Specialist Deborah Bachelder, Deputy Planning Director 21-451 Discussion of actions Board may take as a result of Trustee Gippe resignation Attachments: Advanced Agenda as of 10-07-2021 10:40-10:55 p.m. Presenters: Kendra Carberry, Town Attorney Malcolm Fleming, Town Administrator VIII. STAFF REPORTS Information Only IX. BOARD MEMBER REPORTS AND ANNOUNCEMENTS 10:55-11:10 p.m. X. ADJOURNMENT 11:10 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 4 Printed on 10/11/2021