With respect for the Collier Shear Hill detention pond improvement.

Next item is 2026-136, a resolution of the town council, the town area approving a third amendment to the agreement for professional services with HDR Engineering for the Final Design and Construction Services for the Erie Lake Dam Rehabilitation Project.

And the last item is 2026-134, a resolution of the town council of the town area approving a construction contract with geo solutions for the Erie Lake Dan Rehabilitation Project.

We have a motion to approve the consent agenda.

So moved.

Second.

We have a motion and a second.

All in favor, say aye.

Aye.

Aye.

All opposed, say no.

All right, consent agenda passes.

All right, we'll move on to public comment.

And we have anybody signed up.

We do.

All right.

So let me just read what public comment is.

Uh it's remember that public comment is not an interactive question and answer forum, but rather a time for you to state your comments on a particular item or issue.

Public comment provides the opportunity to discuss items that are not public hearings.

Please sign up using the kiosk in the lobby.

Um, if you have a handout, please give it to the town clerk to the left.

They will distribute it to the council, included into their the meeting record.

When called upon, please uh state your full name and um location for the record.

Public comment is limited to three minutes per person.

You'll be given a 20-second warning when your three minutes are almost up.

At the three-minute mark, you'll be asked to wrap up your final sentence.

All opinions are welcome.

Please be respectful of each other and ensure everyone feels welcome to show their comments.

Please refrain from any cheering, clapping, booing, or otherwise disruptive behavior.

Um, our first person is Derek Tez.

All right.

Since you've probably received multiple emails from me, we we know what we're talking about here.

Derek, if you'll just state your name in the case, Derek just for the record.

Uh 1560 Alpine Court in Vista Ridge.

I'm here to just really discuss the A19 and A20 detention ponds.

And I want to just start trying to figure out our communication or where are we going with them?

I've been in multiple communications about those ponds since 2014.

And at tw in 2014, when I had an issue with the ponds, we all we got was finger pointing.

The city finger pointed to the metro district, the metro district pointed to the city, the HOA pointed to the golf course, et cetera.

Now that it changed in basically October of 2021, when the city on the Metro District, whether it was a lawsuit or however it was settled, it was settled that the city was going to take things over and making sure that it would be maintained everything.

And since then, the communication has completely fallen apart on what's happening to those ponds.

Fast forward to today.

Um we got a neighborhood construction notice.

Okay, where we're at.

The construction is already started.

The interesting thing is we don't have a single rendering of what the either one of the ponds look like.

I reached out to Matt Shark at the golf course, who's the golf course manager, who I'm on first name basis with, because I do play golf there.

When I asked him if he had anything, he goes, No, I have nothing, except for they're being drained.

When I shared with him that their concrete is going in, he was shocked.

And then he found out one of the concrete, what I'll call boxes, at least on hole number two, is going to be in direct flight from the fairway to the hole.

If anyone is a golfer, has played that hole, the one that flows underneath from the west side underneath the fairway into the detention pond.

There now will be a concrete box over it.

He is appalled and still wants renderings.

We have gotten nothing.

Zero.

The worst case is in this flyer from the city.

Some tree trimming may be necessary for the construction access, but we do not anticipate removing any trees.

At this point in time, we have over seven trees completely removed and gone.

So at this point in time, I can't trust anything coming out of the city.

The Metro District and the HOA don't have anything involved.

They're just pointing the finger back to the city.

What we would like, the golf course, the community, is understanding what the rendering is going to look like.

How it's going to be re-vegetated after the project's over with.

What is the new design feature?

Because the detention pond in A20 is literally an acre sized detention pond.

Is it going to be re-sloped, regraded properly, or is it just going to be left as a big hole and let the natural grasses slowly come in?

We have zero answers.

And now it's going on six weeks since the last time I was here at a public comment.

And so I don't know where else to go to get answers anymore.

And that's where the frustration comes in.

The golf course, the HOA, no one has answers.

And we have not received anything except for engineering construction guidelines, which we all know are nothing.

And a project the size of this, I don't know if anyone's ever done a home renovation project.

You usually have some sort of rendering of what the project looks like at the end.

I would expect 20 seconds.

We would have that, and we don't.

So I don't know who else where to go to.

Uh and I'm getting it just no one's answering any questions.

So thank you.

All right.

Thank you.

Next up.

Next is Shannon Milliken.

Hi, my name is Shannon.

My pronouns are she her, and I reside in Thornton.

I do not currently reside in Erie, but my child attends school here, and my work brings me into this community.

Two weeks ago, I testified about the fear created by the silence from the local government.

Since then, there were clear opportunities for this council to acknowledge concerns, communicate with residents, or open space for dialogue.

Instead, there was silence.

And that silence sends a message, intended or not, that some fears matter less than others.

Around 20% of Erie's population identifies as people of color.

Historically, this council has focused its attention on the majority, but leadership is measured by how it protects those with the least protection.

And when it comes specifically to ice, vulnerability is not defined by paperwork, but by perception.

Anyone who looks other carries this fear.

The testimonies I'm sharing tonight come directly from people of color in your community.

The residents who are most vulnerable right now.

ICE has not been active in Erie, but reports in surrounding cities and counties have already created deep fear here.

Several Erie residents told us that they do not feel safe attaching their names and concerns about immigration enforcement activity moving closer to this community.

That alone should tell us something.

When people are afraid to speak publicly, it is not because the issue is small.

It is because the consequences feel too real.

It feels like this town doesn't see us.

And if it does, it doesn't want to.

When leadership does not acknowledge these fears, it does not create neutrality.

It teaches people that belonging is conditional.

This is how systemic oppression continues, not through loud acts, but through quiet omissions.

Through the refusal to name what is happening, but fear doesn't disappear when it's ignored.

It grows.

This is the invitation, and this is the work.

And the question before you is whether or not this town council is brave enough and willing to join.

Thank you.

All right.

Thank you.

Next is Steve Clark.

Hello, good evening.

Um, my wife and I are new residents to Erie.

We just moved in to a home in Vista Ridge on Alpine Drive in November.

And one of the features that drew us to buy that house, of course, was the mountain view on the golf course and the beautiful pond that you just heard about A20.

We had no idea that there was a plan in place to do some type of construction, restoration of this pond.

We thought it was just a natural pond and natural drainage.

And it added quite a bit to the view, and we feel like the property value.

And that the uh construction company would tag the trees that would be removed.

But as you heard earlier, um, all of the trees, I think with the exception of two or three aspen trees, they're all gone.

I mean, it's basically a pit right now.

It looks like a dried-up swamp.

Um, so the natural birds that we would enjoy seeing, the ducks, geese.

We understand that there are migration of white pelicans that come through.

Um, obviously, they no longer will be coming through.

Um, they'll be going elsewhere.

So for us as new residents, my wife and I, we're trying to figure out how this all came about, the decision process.

We don't have any answers as well.

Um, I will share with you that the director of public works did answer an email and provide some additional detail and some timelines.

But again, there seems to be no uh final rendering of what this is going to look like.

That matters to us because it is immediately in our backyard.

You heard that the golfers are gonna look at this as a play through of the whole.

We live there, we're gonna be looking at this every day.

Um, so we need to understand what it's going to look like, and we want to have a say in what the final rendering is and what it's going to look like.

We don't want to look at just a big concrete channel going across natural grass where we don't know what else is going to grow in there.

Um we care about the environment very much.

My wife and I are very supportive of natural environments.

Um I came from Florida that I lived there for 25 years.

I understand about water management, wetlands, natural environments, and how this all has to work from a water flow standpoint and environment.

But again, we don't have answers.

So we're asking for more answers from this council, from public works, whomever has been involved in this whole process.

Um I would also invite the town council members to go take a look at ponds A19 and A20.

A20 is in our backyard.

And you'll see it's basically just a big mud pit right now with a huge black pipe running around the perimeter of it.

Um, and we've got some equipment just sitting there, and that's it.

And we don't know what else is gonna happen at this point.

So I ask that you take a look.

Um, please help us understand what the final rendering is going to be.

Uh, we'd like that to be shared with the residents so that we also can have a say in what it looks like in the final phase.

Thank you.

All right, thank you.

That's all I have.

All right, is there anybody else in the audience who would like to address this tonight?

All right, seeing none, we will move forward.

I will make a comment that um I am meeting with the HOA president for Vista Ridge on this topic next week.

And um, I appreciate um our public works director mentioning that he had sent details of the construction.

I will also follow up with staff on the renderings because I don't think we've seen that either.

Um to general business.

Uh we'll move on to item 2026 124, a resolution of the town council of the town of Erie authorizing a land use application submittal for an Erie Town Center Plan Development Amendment.

Yeah, Deborah, are you taking the lead tonight?

I am okay, great.

I just want to take this opportunity.

This is Sarah Normala, planning and development director.

Um so Deborah is retiring next by the end of next week, and I just wanted to let you all know that this is her last presentation to uh to council, and this has been um 27 years at the town that Deborah's given, and she started just as the single only planner here, and um and has spent so much time giving of herself to this community.

She is a resident that moved here back when the roads were dirt and actually served on planning commission.

And so um I just wanted to let you all know that we greatly appreciate all of the time and um service that Deborah's given our community.

Yeah, well, thank you for doing that, and uh congratulations on the retirement in all years.

I remember working 20 years ago when Erie was um, you know, just after they had paved their streets on so much of the growth that we all live in uh now.

So I'll turn it over to you and take it away.

Thank you.

It's been a pleasure to serve.

Okay, so this evening for my last presentation, we're gonna be um requesting authorization to initiate a land use application to amend the town center PD zoning.

Um, although this presentation is gonna go through the general amendments that we'll be proposing for the PD, I want you to keep in mind that this is not the public hearing for the PD.

We're just asking to initiate the land use application, and that's not the usual process that you see.

You usually see another applicant, a land user, um a landowner or a developer coming forward with the land use application already submitted.

Um so as part of the PD amendment process, there will be um you know the general review by staff, uh referral agencies, we'll have a neighborhood meeting, still go to planning commission for a public hearing, and then eventually it'll get back to you for a public hearing and final decision on the amendment.

Okay, so tonight we're asking you can we make an application?

Got it.

But I will let you know what's gonna generally be in it.

Okay.

Oh I just have a weird screen up on this side.

I didn't realize it.

Nope, I'm I'm good.

It'll move.

It moves.

Okay.

To give you a sense um of what will be included in the PD amendment.

Um, we're gonna review uh the vision of the PD and the overview of what the changes are uh and the proposed updates, and then also we'll be asking you for council direction and giving you the what the next steps are.

So the Erie Town Center was originally adopted in 2020.

Um it envisions a mixed-use neighborhood in the core of our town.

The areas that are highlighted in the yellow are the original uh five ownerships.

Um, some of them are under construction with some development built um in ranchwood in parcel number one.

Uh that site's under construction for infrastructure.

Um parcel two is the town-owned parcel that we purchased off of Regency.

Um parcel number three is the four corners, which has had residential um built on the site and has future commercial on the corner that's anticipated and approved.

Parcel number four is Erie Commons, where the residential portion of that site is built out, and some of the commercial lots have been constructed, and then five is now owned by Tebow and is currently vacant with no approvals on it.

So implementing the town center PD through multiple projects highlighted the need to amend certain standards and language to better reflect current conditions, support development activity, and improve clarity and consistency in implementation.

The proposed Erie Town Center PD amendment addresses some of the following issues.

Um the town had entered into a development agreement for build-out of the corner of Erie Parkway and County Line Road.

Um, however, the vision for the remainder of the site is for a mixed-use commercial, public institutional and residential mix of uses that would require some changes to the PD.

And then for the Erie Four Corner site, during our site plan review processes for those commercial areas that have developed, we've identified that live work, I'm sorry, Erie Four Corners, not Erie Commons, um, that staff identified lived work units were not explicitly permitted in the commercial area.

And then on the lots that remain in Erie Commons through review of those, we found challenges in the market and meeting some of the development standards that are in the PD.

And then, as mentioned earlier, that is um the municipal code section that does give the town council authority to initiate a land use application submitted.

So as part of the PD amendment, we will be doing um a change to the zoning map.

So originally uh where you see the highlighted areas that have the GU, which is general urban.

You'll note that those particular areas were originally UC, which is urban commercial or urban center.

And so those areas we went and changed those to the general urban because it allows more of a mixed use.

So it introduces some of that residential along with the commercial and the public and institutional to allow for more flexibility.

On the town site, where it's the UC2, we're preserving that pure commercial where we already have a developer in place, but the rest of it would allow for more flexibility for future development for the remainder of the parcel.

And then also on Erie Commons, they've where they've had some difficulty attracting commercial development in there, strictly.

On the three parcels that are vacant on kind of that southwest area of the development.

One of the things that we have proposed, though, is part of that was ensuring that the ground floor along Ambrose Street, which is that internal street that faces to the residential, would be activated, whether that be with commercial uses or it could be like a live work unit where the work is on the ground floor or similar things like that.

So to facilitate the Erie Town Center vision is a mixed-use walkable neighborhood.

There's some additional permitted uses that we're looking to add.

In Erie Four Corners, we're going to add the live work units to that UC3 that's on the mat.

That's the commercial area.

And the town property will be adding hotel and museum, parking structure, which was originally allowed in the UC2 area, but because we've added the GU, we need to add that into the PD for that zone area.

And then all UC and GU zone areas are going to allow urgent care facilities.

Under the approved PD, hotel buildings are permitted to be up to 45 feet in height.

And the PD amendment adds civic buildings and parking garages as uses that will also be permitted up to 45 feet.

The remainder of the PD generally maintains a maximum building height of 35 feet.

And then for the encroachment portion, a two-foot encroachment into the public right-of-way for signs, awnings, and canopies is currently permitted through our unified development code.

And so we're just adding in that standard to be consistent in we're adding it into the PD.

So frontage build-out is a unique design requirement with the Erie Town Center PD that requires a percentage of a building's facade frontage to be located within a certain distance of the primary street.

Based on staff's experience reviewing land use applications, proposed changes to frontage build-out will include clarifying language to exclude vehicular access drives and pedestrian walkways from the calculation and address two irregular frontage areas in Erie Commons that are highlighted on the drawing.

One is an Erie Commons Plaza area that the town actually owns on the corner of Powers in Ambrose Street, which creates a strange lot frontage within the Erie Commons commercial area.

And then also the one on the upper part of the drawing is where the WAPA high power power lines, above ground power lines cut through the site and create a strain-shaped lot.

So we would exclude kind of the triangular area of that lot.

So we would count the rectangular portion, the normal area of a commercial lot towards that frontage.

And then parking standards in the PD require greater clarity with respect to the maximum spaces allowed.

The amendment adds a maximum requirement of 125% of the standard, and that would be consistent with our UDC.

And then proposed changes will also allow up to up to one space per 200 square feet for hotel, grocer, and public institutional uses if a party a parking study shows the need.

With the modification to add UDEG signs and plaza areas through a site plan review process, and we're going to retain the original language in the PD that monument signs along principal arterials are only allowed in those locations.

And then on the trail illustration, a small modification will be made.

And then the right-of-way plans being updated to accurately reflect the design and construction of the northern and southern roundabouts.

One which is currently under constructed, and the other one which is designed.

So we're going to add a clarifying note in the PD stating that all access points will be reviewed and approved through the plating process.

So staff is requesting authorization from the council to initiate a land use application for a PD amendment at Erie Town Centers, as I mentioned before.

It will go through the normal review processes for a land use application ending with you for a final decision at a public hearing.

And we're available for questions.

Okay, great.

I'll bring it back to council.

See who would like to start?

Thank you, Deb, for the presentation.

Primarily on the live work use.

So it's saying our allowable building heights, 45 feet.

Roughly, I mean, what I guess what does that look like in real world terms?

Is it like kind of a multi-level living unit with first floor?

The live work wasn't proposed to be 45 feet.

So the live work uh unit would be the standard 35 feet across the 45 feet were for specific uses like the parking garage, oh okay, gotcha.

A hotel.

Yeah, there was only specific uses, a couple of those that were 45 feet.

The rest of it is 35.

So it would look like a standard, it could be like a standard town home.

A lot of these being a multifamily town home kind of look where the bottom floor is dedicated to the work area and a person lives on the floors above.

Okay, okay, cool.

Yeah, and then um on the sorry, on see what slide number this is.

Um I guess it's uh slide what is that nine um for the frontage build out.

So I guess I'm a little confused by this.

So uh pedestrian walks, or are you talking about the that connect on Ambrose there that would be across, or this is going across uh correct?

So if you look at the the diagram um that's on the screen, yeah, you'll see the yellow um is highlighting the area from um the design concept that shows the frontages of those buildings along the street, and then you'll see there's gaps for like drive accesses into the site.

Okay, okay.

Additionally, along a lot of those drives, oftentimes they'll put a pedestrian sidewalk so that you can walk into the site, particularly if they have a doorway on the other side of the building.

Gotcha.

And so those areas would not count towards the frontage requirement for your lot for your building frontage.

Okay.

Um the questions I had.

Yep, thank you.

Okay.

Councilmember O'Connor.

Thank you.

Um, on back on slide nine.

Um my understanding was that the develop the developer was having trouble gaining or getting um uh tenants or to basically build out those last three parcels.

Um was were they asked if these changes would help them or they think would help them?

Yes, we've been in several conversations with the developer about the struggles they've had, um, about some of the various applicants that have come in and talked to us about potentially developing on the site that have not been successful and what some of their struggles have been, and that's why we've moved forward with some of this language about the frontage.

Thank you.

Um Councilmember Hobeck.

Thank you.

Um just a quick clarification on slide seven.

The um one to the to the west to the west of the yellow yellow area.

That's mostly residential, but it's gonna be have a permitted use of hotel and museum and parking structure.

Is that because of the little segment up at the top or it would be allowed in that area, which is ranch wood, however, it's already permitted and designed.

So I don't think there's much chance that that would actually occur other than on the portion that is our ownership currently.

Okay, I guess that's most of it or a lot of it's some of it's built out or building out.

Yes, it's that whole G U1 area is approved.

But that top area could probably be used for some of the other structures could bleed into that.

All of the G U1 area in Ranch Wood has an approved site plan for apartments, townhomes.

There's an all residential in that area.

They also have UC one under their ownership, which is their more commercial area.

Okay.

Um, thank you for all your time and working with you on the plane commission was very pleasant.

Thank you.

Thank you.

Councilmember Bear.

Thank you.

Um, yeah, thank you so much for the presentation and for your service and um for all your stories about town hall and the birds on the second floor when you moved here.

And um I I hope that you know we'll still see you occasionally.

You're always welcome to come to town meetings.

They're exciting.

You will see me.

I do live in Old Town.

Yeah, okay, just walking down the street, you'll still see me.

Um I just had a couple of questions about um the parking structure approved for 45 feet.

Does that add like an entire story?

Is it go from like three floors to four floors?

What does that look like?

45, 36 versus 45.

I could probably get to four floors at 45 feet.

Yeah.

Okay.

Um, and then the sign right-of-way encroachment, is this in line with something else we see in town?

Does that look like sure?

We have that just um in Old Town down on Brig Street.

There's signs, there's um awings over the windows like at Lucille's is a good example where they have elements that encroach into the right of way a few feet, and they have a license for that.

Okay.

License agreement.

So that's what we could imagine something looking like.

Maybe not a big McDonald's sign, but something more like on Brig Street.

Yeah.

Okay.

I I I mean it allows encroachment only up to two feet into the right of way.

It doesn't regulate the sign behind.

It could be a larger sign than you see downtown.

Okay.

If it was a bigger building.

Okay.

So that's just on the building.

This is that's what we're amending tonight, basically.

The encroachment language is just for the portion, any portion of an amenity like an awning or a sign that would extend out past its property line into the right-of-way.

Okay.

Thank you.

Um I think I think that was all of my questions.

Thanks.

All right, Councilmember Martillero.

And thank you for your service and congratulations.

That's awesome.

Thank you.

Um we just have a few questions.

Um also the what is the currently allowed at town center?

Uh if so the changes to allow up to 45 feet for uh parking structure or currently the code um the PD allows 45 feet for the hotel.

We have added it for the parking structure.

Then we also had to add the hotel back in for the GU1 area because we're changing the zoning category.

We needed to add um that existing height for the hotel into that area.

Okay.

So we'd already planned the hotel at 45, and so we're just adding the parking structure.

Correct.

Okay, thanks.

Um, is there a demand for live work?

Um, I I'm concerned because I'm seeing, yeah, it's in some other towns where vacancies uh when with first story is uh commercial and then apartments up top or or whatnot.

I think it tends to be more common in these mixed-use kinds of neighborhoods when you look in the Denver suburbs around where they're more walkable.

Um I've seen several developments in in which they intermix some of those kind of units in.

I will clarify that a live work unit is more like a town home, and so you have that finite floor space of that town home as being the the work space versus where I know you're thinking of um in some cases there are vertical mixed-use buildings where there's um where the first floor retail spaces can be empty.

Um so this is a different product.

It's um more somebody can buy it and have a salon or a real estate you know um space on their first floor.

So and we have had our um developers who are um working in town center propose those live work units so they can create more local types of business opportunities.

Okay.

Thanks.

Um and then you mentioned that um some of these changes will help with uh with some of the applicants that have applied for the um areas around uh Erie Commons.

Could you give some examples of applicants and and what what they're struggling with that it's um kind of slowed down the progress of the that?

Yeah, I believe a lot of them tend to be more of the national companies coming into town, McDonald's, auto parts stores, where they have their model, which is all parking in front, and then they run into the requirements for the frontage where we're asking for buildings to be up adjacent to the street, and so they struggle with their national models to fit them in to the zoning requirements of this particular area.

They have oftentimes just moved to different sites within the town.

Okay, thanks.

And I think I have one last question or comment.

Um one of the things I'm concerned about is that on town center, um, because of the cost for the mitigation, etc.

If it feels like um we need to maximize our retail opportunity uh in that area, not only for the location, but also for the cost.

Um is this uh would this allow more residential in that area or yeah?

So the hard corner where it's the UC2 is going to be purely retail commercial types of uses that will stay your commercial tax base.

Um it's in the wraparound piece that the town is.

The G1, the G1, G U1, right?

Where we uh we had originally envisioned some of those public institutional uses, a hotel, a parking garage, um, and then also leading into the adjacent neighborhood, which is residential, kind of transitioning some residential in in that area.

Okay, so this plan still is to put a hotel in that.

Yes, all that um we are proposing with that GU1 is adding the residential component, so the the use so that we have we've maximized flexibility in that area.

So we still are envisioning commercial the hotel at minimum, and it doesn't keep us from having more commercial in that area.

Okay.

I guess I'm still like say by opening it up, I I still think it opens up to some risk of of not getting the most out of that property.

So and since we own it, that is for the council's um vision, and so what we're doing is setting up the um we're trying to maximize the opportunity and and um you know being able to find out what what and actually get uses on there that would maximize the the revenue if that's what council wants to do with it.

Thanks a lot.

I don't have any questions, just wanted to congratulate on your retirement and thanks for the service.

Thank you.

Okay, um, first thank you for clarifying the mixed um the mixed use there that it's live work.

And I think when we did the tour um in Boulder, we saw some of those in Boulder, right?

Where there was like an insurance agent below, but the insurance agent lived above.

Um there was some arts um like art studio and stuff down there.

So that's what you're envisioning.

Yeah, okay.

Um because I'm definitely in that camp where I see other commercial where you have residential above and commercial on the bottom, and they're just vacant.

I think Lafayette is dealing with that on public road right now.

Um there was a big chunk in Boulder.

I don't know if it's still vacant or not, but um so the live work that sounds kind of cool.

Um and then of course, um retail, retail, retail, right?

How do we generate um revenue?

So I'm not hearing this will stop that.

It just will allow other usage, and then ultimately the council will have to decide thumbs up or thumbs down.

Okay, I don't have any further questions.

So I'll see if there is a motion to approve resolution 26030.

So moved.

Second.

We have a motion and second.

Any further discussion?

All in favor say aye.

Aye.

Aye, all opposed say no.

Motion carries.

Congratulations on your last presentation and the approval.

All right, we'll move on to our last general business item tonight.

That's 20 uh 2655, a discussion on the council rules and procedures, council's code and of ethics and conduct, and virtual meeting policy.

I'll turn it over to Meredith.

Good evening, Mayor and Council Mayored Meath, uh, director of administrative services.

I have to sit over here because I think if I sit there, I won't see anybody on that.

So I'm here to discuss an item that was postponed from an earlier meeting.

Um, so before you are three policies that council um oversees, so we need council um approval to make any changes to them.

The changes we're bringing towards you to for you tonight are to bring these into alignment with the home rule charter and to kind of make up some changes that for just current meeting practice and what's what we're doing now should align with what's in the rules.

Uh tonight is just a discussion item, it's not for approval.

So we'd like to get your feedback and any changes you'd like to see before we bring it back, probably on the consent agenda to later date.

Um one item to keep in mind while you're looking at these is that whatever as they're written now, whatever you approve would also be the same rules and procedures that would impact all of our boards and commissions.

So there might be times where that makes sense, but if you guys see there's times where maybe that doesn't make sense and you want to have something separate for them, we would need to know that before we move forward.

Do you do have three items in front of you this evening?

The first is the rules of procedure.

And this the changes proposed are to come in line with the charter and align with current meeting practice.

Um a couple significant changes are um it notes that public comments must be taken at special meetings, which is a charter requirement.

It clarifies how special meeting may be called per the charter as well.

Um it removes the requirement that public speakers give their full address when they're speaking to you.

That's a privacy concern.

Uh and it um creates a process to limit pooling time of public comment to six minutes per individual.

Uh the second item in front of you is the code of ethics and conduct or codes of ethics and conduct.

Um we currently have both of these items.

However, the charter says that the code of conduct and ethics must be adopted by ordinance, and our current code of conduct is adopted by resolution.

So this just clarifies that the code of ethics is the ordinance, the draft ordinance in your packet, um, and that would be in the code once it's approved.

Um the code of conduct is a separate document that is approved by that ordinance, but then that would not be codified.

And then the third item before you is the virtual participation and virtual meeting policy.

Um, this is really just to come.

We have this lovely new room and we have all this new technology and things we could do here we couldn't do in the old building.

So this allows a little more flexibility in virtual attendance.

Um it would allow for members to attend virtually if they're sick or traveling.

It's really not meant for someone to do a every meeting.

Um again, that's not as much an issue for you guys as it would be for a border commission.

Um it also notes that members attending remotely if you have a technical issue on their end.

We can't fix that from here.

So really, if there's a quorum in the room, the meeting in the room continues.

If the person falls off on the other end, that's gonna be their concern.

Um it notes that to facilitate a good meeting that the person running the meeting needs to be in the room.

So if for example, mayor, if you're attending virtually, the mayor pro tem would run the meeting if he's in the room.

Um that's the the long and short of what you have in front of you.

I know there's sort of some long documents, those are just kind of the main issues.

But again, I'm here tonight to take your feedback and your comments so that we can make changes and bring them back at a later date for final approval.

All right, wonderful.

Thank you.

I'll bring it back to council for questions, comments, concerns.

Go ahead.

Councilmember O'Connor.

She was oh, I'm sorry.

That's that's okay.

I'm thank you for bringing this.

I know it's been in process for a long time.

Um I I asked for us to look at this um, I think last April and make an update.

Um I recently finished a book called Mattering by Jennifer Brahini Wallace.

Um, and it was really timely and insightful for me.

Um it was really timely and insightful for me when I'm thinking about as a policymaker ensuring that we are creating a sense of belonging, and mattering goes even farther than belonging.

Belonging means that we've created space, and we're holding space for a community members.

Mattering means that when you come to into the community and serve the community that um that community relies on you and that we appreciate and value contribution and miss it when it's not there, and so I think that um you know the rules of order and the code of conduct should um reflect mattering for council members as well as for the community members who um who we rely on for participation.

So um I was reading this document through the lens of mattering, and it's a it's a practice and a foundation and a way forward.

Um so a definition of mattering is feeling valued and adding value, and that equates to mattering.

So um with that in mind, I had uh some questions about how to ensure that we are fostering um you know uh that culture of mattering in our community and in the in the council.

Um so I feel like some of my questions are so technical, and I don't know if I want to spend time on them, but um I did I let's see, I'm sorry, I'm using a new device that's supposed to be helping my eyes, and I'm struggling with it.

Um let's see.

So on page, let's see.

Okay, so I'm on pages because I have to download the PDF into this thing, and it's page 342.

Um, which is section 10 about um complaints and violations of code and ethics.

Um was kind of a more of a reporting structure question.

Um what what does that look like?

I know that there is a structure for council members, um, and I assume this would apply to town staff as well for a complaint structure.

It would go through the town clerk.

Um then it says that it would include an investigation administrative hearing.

What does that look like?

What is what is an administrative hearing?

So I'll I'll let the town attorney weigh in, but um it really involves um a complaint being sent to an administrative judge.

Um the charter says we have um we can use the municipal judge or our assistant judges to do that for us.

So if a complaint came in, we would go through the town attorney's office to reach out and get an administrative hearing judge.

Okay.

That's correct.

And so is that through the court system?

Uh it it would be adjacent to the our municipal court system.

It would be either our contract's presiding judge or one of our contracts um alternate judges.

Okay.

Um let's see.

Okay, and so then um, so um, so the so the report structure is to make a report through town clerk, and we have an outside investigation that goes through the judge.

Um and then let's see, town council it deals with administrative service solely and directly through the town manager, and town council should not dress address direct interfere with the work of the employee under the town manager.

So we're in a kind of unique situation right now where we don't.

So what is our what's the plan in this scenario?

You are beholden to the electors at that point.

Okay.

So the public record goes to the public.

Okay.

And um, and then I'm not even gonna try to find it, but I know on one of the pages it says that the uh you know behavior will not be tolerated, unkind by behavior that is my word and not the one in the document.

Um will not be tolerated.

What is that?

So how do we measure like what's measurable, what's enforceable, what is the enforcement look like?

So when we say you know that behavior won't be tolerated, what does that mean?

I I can't remember the exact location here, but I will agree.

It does talk about how you work with staff, how staff works with the public, how the public works with council.

So it to be quite honest, it does depend on who the actions coming from.

Staff issues can be handled at a staff level.

Public issues are a little harder unless there's a criminal issue involved.

Um otherwise, again, as a council and as a body, you are fairly self-policing, so it's gonna have to come from the seven of you to a certain extent.

Um staff is always particularly the management team's always available to help, you know, facilitate that.

But it's that weird combination of you guys are your own bosses, or you're you report to the electorate and we report to you.

So it is a little disjointed in that respect.

Okay, so we won't tolerate it as a council, and then what are the protections for staff?

Um protections for staff would come through the town management team.

They would figure out what steps would need to be taken if something happens to a staff member.

Okay.

Okay, I guess I my question is is Phil adequate, like there's enough governance, there's enough direction and enforcement.

Supportive.

Does I mean I think what we've put together is pretty much best practice.

You know, it always comes down to what happens when something happens, and then we have to see how it goes.

But I think this is what we've put together is based on what we've seen in a lot of other communities and what we think is best practice for the moment.

Okay, and how often do we update this policy?

Um ordinance.

Well, we mean we would do it as needed, but um the rest of the town policies we're trying to look at annually, but I think we would continue to look at it and hope there's not a reason to update it.

Let's just put it that way.

Right.

Okay, thank you.

That's it all before we look, I have a follow-up on that.

Can I ask?

So I think uh council member O'Connor.

Um okay, council member.

Um, I guess struck me.

Um complaint is made.

Uh subject is notified, and then there's a hearing if warranted, and you mentioned self-policing the leasing.

Is it the council that decides if it's warranted?

It's probably I'm gonna refer to pre-I believe the judge would decide that.

That is correct, and it would be up to the uh judge's discretion to determine if testimony were to be needed, for example, and that would probably be something that they would want to hold a hearing for.

So that way folks could be under oath under penalty of perjury.

Okay, same thing.

I yeah, I don't know if we need to identify how it's determined to be warranted or not, but um that would be my recommendation would be that would be at the judge's discretion.

Okay.

Thank you.

Sorry, okay, council member O'Connor.

Thank you.

Um so in the uh we get to it, uh rules of order and meeting procedures, uh study sessions.

So no decisions can be made, nor any um nor may any actions be taken at a study section.

So we can't even give a thumbs up, uh thumbs down to a keynotes because staff will ask us for direction that way sometimes.

I say we generally refer to that as feedback, okay.

Not direction.

Okay.

That is kind of how we work around that.

Um, if it's something you want specific direction at our staff is looking for direction, that's when we would make it a special meeting.

Okay.

I feel like I almost feel like this.

I mean, I don't want to have another meeting, but it's like there's feedback here that maybe is better to be emailed in or um I mean I've got two others.

Um is same document 6.2.

Uh this one's a minor one, but it might be helpful to know.

I totally get not giving an address out, but it might be helpful to just know which city or town they're from.

Yeah.

Okay.

Yeah that's what we asked for.

Okay.

And um 7.3 the order of the roll call vote shall rotate with each vote taken.

I thought it was going to be random not randomized.

We've been going around on that so to speak um so I think that's a discussion for you guys we'll do whatever you guys think is appropriate.

Okay.

Yeah.

Yeah.

Meredith and I had a conversation a month ago on this one and I think I went back and forth and eventually said whatever you guys you know is best practice.

And I normally I would say best practice is randomizing which is which is what we're doing right now.

Randomizing with new being last okay should we email comments in I mean is this yeah I think that would be helpful um we can make changes we could send them out um in advance so that at least you know what's coming on's in the packet so you're not just gonna get it two days before and then if you decide it's something we need to have another discussion on we can have it on general business or have it at a study session.

Okay.

All right yeah just to be clear if there's something you think about outside of this meeting um it would go to Meredith but if it's material it probably needs to come back for us for discussion because I think the next step if I were what you said at the beginning was to put it on a consent agenda.

That would be if there's no major changes we could also bring it back for study session we could bring it back for regular we could do whatever um none of it's time sensitive it's just some stuff that needs to happen.

Yeah okay sorry yes oh I just wanted to add um it can be kind of complicated for us if we get seven different people going back and forth on email with your edit so um if you can help us kind of streamline that when we going back and forth with all seven of you for seven emails it gets kind of complicated so um we're happy to work on a process on our end like get it in by this date and we'll we'll send out all the edits but if it's okay if we at least streamline it um receiving your feedback and getting that out to you or scheduling it at a meeting because sometimes we do go back and forth a lot in the email and we want to make sure you're all seeing what all of you are doing.

Yeah and I think it would be helpful for me because I have to work with staff to get the agenda set if you have something that is material that needs to come back here that you're just open about that.

So we don't get to the point where it's on the consent agenda and then we're kind of starting the process um over again.

Yeah thank you um just had a coup question on a couple of things um uh so one uh sorry on um section uh sorry I lost my place here um sorry section three um subsection two for endorsement of candidates so um uh I know this here kind of talks about what when like endorsements can and should be made I know um we have other language from other ordinances believe like with respect to the town logo that you're not uh you're not supposed to uh campaign uh using the town logo the town logo is only to be used in an official uh capacity and we've had some problems with that in the past um is that something I I don't know if that's necessarily something what best practice would be is that do we just leave those policies in separate places or um what I think we would address those if as we found them.

Okay all right and then um my second question is um uh dealing with confidential information um so the uh the conduct code talks uh you know uh about you know attorney client relationship um uh conduct with the media um these types of things you know so saying no never go off the record choose your word carefully um so uh but I I don't see in here I I don't see anything specific with disclosure of confidential information and I I think that might be something we we want to add certainly add that yeah yeah okay see if there's any other input council hoback um thank you just a couple of quick items the code of conduct and ethics um all throughout pretty much references council members but the title says commissions and committees boards commissions and committees as well do we need to make some reference to the fact that hey this applies to everybody even though we're mentioning counseling uh council members or we can add a definition of some kind or I think we can clarify that yeah clarify yeah and then more specific

The code of conduct and ethics um all throughout pretty much references council members, but the title says commissions and committees, boards, commissions, and committees as well.

Do we need to make some reference to the fact that hey, this applies to everybody, even though we're mentioning counseling uh council members or we can add a definition of some kind or I think we can clarify that yeah clarify yeah and then more specifically in section eight to C for quadright matter matters council members should not attend a pen planning commission meeting.

Should we also add O step since there are referral committee?

We can do that.

Okay.

Feasibly it'd be planning commission as well.

So we can right, but that's already listed listed.

Okay, yeah.

Are there others besides OSPAS?

I think OSDEB is the only one.

There's a referral I will say that in the patent like on airport board, there have been times where um like I remember one time NASA came to talk about an item that was on a quasi-judicial and uh at the time uh uh former uh councilmember Sawish and I were were liaisons and we just excused ourselves during that time and then came back in.

So we can figure out something to add that makes sense.

Yeah.

Yeah, so if that is added to OSTAB, what about the council liaison to OSTEV, which I am uh yeah.

Feasible if it's an item that's gonna come before you as a council member, you should not be in the room when the board is discussing it.

Okay, and they typically do that in the executive session anyhow, I believe.

So and you don't attend the exec session when they do that?

No, yeah.

Okay.

Okay.

I don't see any other input.

So I think what we'll do is we'll plan on this to come back and sent agenda unless something comes up that's material that requires us to come back.

And I will um send out a word version to you all.

So if you wanted to redline something and with a deadline on it for when to get it back as well, and we can that might make it easier for you to respond.

Okay.

Sounds good.

All right, we'll go to council member reports and announcements, and I think I'll just start on my left and work all our way around.

Uh thank you.

I um have attended many meetings.

Dr.

Cog, um, the powerhead Colorado Oversight Committee.

Um, I was assigned to two, I was reassigned to Powerhead um oversight committee, and then also added to the stack committee for Dr.

Cog.

So I'll be attending those meetings.

It's um planning for transportation.

Um, and then I also was assigned to the legislative committee as the second vice chair for um CC4CA.

Um, and I testified at the AQCC last week, along with representing the local government coalition, um, which is 1.8 million Coloradans represented.

Um we were testifying on behalf um and talking about the reg 7 updates, which is an emissions uh regulation that comes up for up for update by state law every couple years.

Um that process is underway.

Um I also testified at the legislature yesterday and was um pleased to see that our economic development director was also in the same hearing testifying.

Um and we uh supported House Bill 1065 for different reasons, but um I was representing the Northwest Mayors and Commissioners coalition in that hearing and um CML is in favor as well as the economic development various boards and um as well as CC4CA and many many different organizations and that proceeded to appropriations, so that's well on its way, and that one is to um make investments in transportation and affordable housing.

Um I also wanted to mention that I I would love to also meet with the HOA president for Vista Ridge, that's my neighborhood, and so if you want to circle me into that meeting, I'd be happy to meet with them.

Um I also am looking forward to the invitation from Miss Millican who spoke this evening um to address concerns in the community.

So that's all for me.

All right, thank you, Councilmember Mortillero.

Um so just want to thank uh staff and for the uh community gathering for healing and support and safety.

So just want to thank uh staff and for the uh community gathering for healing and support and safety uh that was uh last Friday.

Um you know to work through some of the tragedies that have occurred over the president's weekend and uh in the community.

So want to thank thank them for that.

Um our hearts go out, especially to the to the families and the first responders um working those those investigations and those incidents.

Uh also want to mention I don't want to take the thunder away from uh council member Bell.

I know he's got more deep uh more on on this, but um, you know, to all the Olympians, uh 30 Colorado ones, um and uh including Michaela, Lindsay, and and you know, talk more about Jay.

Thank you.

Thank you.

Yeah, I'd like to echo uh Councilmember Mortalero's uh comments about the community uh gathering on Friday.

We uh had some very good conversations uh with some people, and it was is nice to just be there and and uh talk.

Um beyond that, uh beating it.

No being repetitive, but uh just everyone drive safely, watch out for each other, bicyclists and pedestrians watch out for cars, car drivers, slow down, stop, look, listen, and uh be careful.

Thank you.

All right, I'll move around to Councilmember Pitts from LA.

I don't have any okay, Councilman O'Connor.

Thank you.

Uh tomorrow there is going to be an air park north-south connectivity community meeting.

Um that's from five to seven at 395 airport drive.

And then we'll see it on advanced agenda.

Um in uh April 28th.

Uh and then last night, uh, learned at the historic preservation advisory board meeting that the town of Erie received a 10,000 dollar grant to survey the Eagle Mind, uh, supposedly one of one of, if not the last mine in the area that has some equipment still there.

So we'll see what um that survey brings and um go from there.

All right, and that mine is the one that a structure is still above the ground out by I 25 and Erie Parkway.

That's correct.

That's correct.

All right.

Uh Mayor Pro Tem.

Cool.

Uh thank you, Mayor.

Um so uh a few things here.

Um one I just want to reflect um uh uh uh thank uh council member Mortalero and Councilmember Hoback for the um I wasn't able to make it to the um uh the community gathering on Friday, but um just want to recognize that um per president say weekend was was a rough weekend and uh um I appreciate uh everyone at the EPD.

And uh I know Chief told us the the same response crew was at um all three of those incidents.

So um it it does take a toll on these guys.

So um uh just um you know if if you get pulled over for some minor traffic ticket or give these guys some grace that they they have tough jobs so uh just appreciate you so um uh just want to say um last Thursday uh I attended uh uh the um legislative workshop for CML and I was there with uh Julian Jacquin or Economic Develop Development Director and also uh Josh Campbell who's on our uh planning staff um was a great um gathering uh lots of information there's lots of stuff going on at the at the state capitol now and and the municipalities are concerned and um the the common theme I think of the day was that um uh as municipalities we need to uh protect our right to home rule and that is being challenged by the state right now um and so uh one of the interesting talks of the day was uh uh there was a panel with um uh Jennifer Hoffman who's uh the city and county manager in Broomfield and uh former state senator and chef co-commissioner uh Zenziger um that uh they were going over some of the struggles that that uh we've been having um and uh Commissioner Zunzinger uh was talking about how they they had what they call the uh budget stabilization formula that they used to use where um the state to balance the budget would would borrow from K-12 education to balance out the budget it's it's not a very smart thing to do nobody would ever run uh their personal finances that way but the state has been doing that for ages and now they've finally said gosh we can't keep doing that anymore um and so now um you know they're they're having uh there there's a huge shortfall at the state and they're having to balance it out in in other areas so so grant funding uh

uh jennifer hoffman who's uh the city and county manager in broomfield and uh former state senator and chef co-commissioner uh zenziger um that uh they were going over some of the struggles that that uh we've been having um and uh commissioner zunzinger uh was talking about how they they had what they call the uh budget stabilization formula that they used to use where um the state to balance the budget would would borrow from k through twelve education to balance out the budget it's it's not a very smart thing to do nobody would ever run uh their personal finances that way but the state has been doing that for ages and now they've finally said gosh we can't keep doing that anymore um and so now um you know they're they're having uh there there's a huge shortfall at the state and they're having to balance it out in in other areas so so grant funding uh is slim and um things I know that uh as a council we've we've talked about uh prop 123 funds but the the harsh reality of the day is that that uh at least for 26 and probably 27 Prop 123 funds are are really not going to be there um and there was also some great talks about how um sometimes you know chasing grant funds isn't necessarily the great thing and and there was um uh I believe it was uh Lakewood um uh the their city manager was talking about how they were able to do some projects that um that uh they just funded out of their budget and they found that that they were able to do it more cost effectively than uh trying to do it through grant funds so um I I think it's gonna take some creative ways for municipalities to work through all this but the big thing that I think of the day is that um you know we've got to stand uh together as municipalities um to ensure that the uh that the state does not come in and and determine our futures that we can determine our own futures and and work together you know let's have this be a partnership um so uh with that uh just thank everyone uh that came well all the staff members came out with us um and um now I get to talk about the fun stuff so um obviously uh Sunday morning if you're like me I I didn't wake up quite in time to see the first goal but uh um the the US men's hockey team uh defeated Canada two to one in overtime in a exciting and thrilling game uh the first gold medal uh for the men's team since the 1980 miracle and ice team um and uh obviously too the you know the the women the women's team won gold there and obviously the 30 odd athletes from colorado so um uh this was I I believe this was the mo the highest medal count the U.S.

has had in Olympics um uh so what we did very well normally we do better in the summer olympics and the winter Olympics but um it was really cool but the most special thing is that um Erie has uh their first Olympic gold medalist to come uh out of the state that was uh Jacob Slavin uh who's a defenseman for team USA uh grew up in Erie went graduated from Erie High School uh he plays for the Carolina Hurricanes now um but uh we just want to thank him and um part of this I I've I had gotten a flood of emails and and um texts and things like we need to do something for Jacob we need to recognize this and I I think this is something that that um uh we do want to recognize our our first uh home uh gold medalist Olympian um and so there's been some uh emails floating around we've been working with uh Gabby Ray our communications director um we're going to uh the the plan is to have a banner that we'll have up in in Brig Street um and in order to do that we need to have a proclamation which I've agreed to sponsor but um I'll just open it up for a minute to everybody just to see if if if that well everyone's agreement to yeah I'd like to co-sponsor it'd be great to have all seven of us yeah that I was gonna say this is yeah this is uh uh Erie's first gold medal uh Olympic athlete so I think yeah be good to have the whole council uh sponsor that and um uh I am trying to is his uh parents uh I believe live in Thornton now but um I'm trying to get in contact with the family to see if they can make it um obviously Jacob he's an NHL player they start up tomorrow night um we're probably not gonna get him out here we're trying to see if we can get a recorded message again no promises but we're trying to do that um but who knows maybe and when the NHL season's over I I know he comes out to visit his parents so hopefully might be able to get them to come here and and uh celebrate in person but thanks all right great that's a top act to follow I have one thing uh council member o'connor and I um spent last Thursday afternoon at the uh um at Northern water northern water provides uh the vast majority of our water uh to Erie and the topic was NISP uh NISP is uh the Northern integrated supply project it's something that Erie has been a part of for over 20 years um and it is really for future um water and storage capacity and um also the Chimney Hollow reservoir which the dam is built um but is being delayed uh being filled

I have one thing, uh, Councilmember O'Connor and I um spent last Thursday afternoon at the uh at Northern Water.

Northern Water provides uh the vast majority of our water uh to Erie, and the topic was NISP.

Uh NISP is uh the Northern Integrated Supply Project.

It's something that Erie has been a part of for over 20 years.

Um and it is really for future um water and storage capacity and um also the chimney hollow reservoir, which the dam is built, um, but is being delayed, uh being filled uh due to um issues with the um with the actual not the dam structure, but minerals that are um that are in there.

And so that could delay um the amount of water we're able to bring in.

Um in that um case it's called uh windy gap.

We have the water, but there's no way to actually store it and get it down to us.

So anyway, long story short, there'll be uh more to discuss on this.

Uh some of it will likely be in executive session as we need to try to figure out what we do negotiation-wise.

Um but that is definitely coming our way here in the next month or two.

All right, with that, I'll look to the mayor pro tem to take us into executive session.

Thank you, Mayor.

I move to go into 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 CRS twenty four six four oh two four E, and to consider purchase acquisition lease transfer sale of real personal or other property pursuant to CRS twenty-four six four oh two four A, for which a topic cannot be disclosed without compromising the purpose of the executive session, and to consider personnel matters pursuant to twenty four six four two four F and not involving any specific employees who have requested discussion of the matter in open session, any member of this body, an elected official, the appointment of any person to fill an office of this body or an elected official or personal policies that do not require the discussion of matters per personal to particular employees and to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations and or instruct negotiators pursuant to CRS twenty four six four two four E concerning the appointment of an acting town manager and the recruitment strategy for a candidate search.

All right, do we have a second?

All right.

All in favor, say aye.

Aye.

All opposed, say no.

All right, that takes us into executive session.

We will come back um to consider um one of two resolutions um after we're out of executive session.

Okay.

We're coming back to consider two resolutions.

The first resolution is resolution number twenty six zero four zero.

And that is to appoint Melissa Wiley to serve as the acting town manager through uh from last Tuesday through uh tonight at midnight um on February uh twenty fourth.

Uh so with that, I'll see if there's a motion to approve resolution twenty six oh four zero with that updated date.

So moved.

Second.

Right.

We have a motion and second.

Any further discussion?

All in favor.

Um the date is February eighteenth, twenty twenty-six through February twenty-fourth, twenty twenty-six.

Okay, I'll be explicit there, just uh for the record.

The eighteenth through midnight tonight, the twenty-fourth.

All right, a motion and a second.

All in favor, say aye.

Aye.

All opposed, say no.

Okay, motion carries.

Um the second resolution has the same number, but um just give it a forty-one.

Okay.

Um, effective uh tonight at midnight of February uh twenty fifth, uh, to act as the uh interim town manager.

So moved.

All right, we have a motion and a second.

All in favor, say aye.

Aye.

Aye.

All opposed, say no.

Motion carries.