CITY COUNCIL AGENDA MEMORANDUM

Transcription

1 City and County of Broomfield, Colorado CITY COUNCIL AGENDA MEMORANDUM To: From: Prepared by: Mayor and City Council Charles Ozaki, City & County Manager Tricia Kegerreis, Records & Licensing Administrator / Deputy City & County Clerk Meeting Date Agenda Category Agenda Item # June 28, 2016 Consent 7(a) Agenda Title: Approval of Minutes - Regular Meeting of June 14, 2016 Summary Attached for Council s approval are the Minutes of the Regular Meeting of June 14, N/A Prior Council Action N/A Financial Considerations Revise the Minutes, as submitted. Alternatives Proposed Actions/Recommendations That the Minutes of the Regular Meeting of June 14, 2016 be approved. 5(a) - Page 1

2 MINUTES CITY AND COUNTY OF BROOMFIELD COUNCIL MEETING JUNE 14, 2016 ROLL CALL The Regular Meeting of the Broomfield City Council was called to order by Mayor Randy Ahrens at 6:00 p.m., Tuesday, June 14, 2016, in the Council Chambers of the George Di Ciero City and County Building. Those present were: Councilmembers Martha Derda Bette Erickson [left after 11(b)] Stan Jezierski Kevin Kreeger Elizabeth Law-Evans Mike Shelton Greg Stokes Sam Taylor Sharon Tessier Those absent were: Councilmember David Beacom Also present were: City and County Manager Charles Ozaki Deputy City & County Manager Kevin Standbridge Deputy City and County Attorney Pat Gilbert Administrative Analyst / Deputy Clerk Judy Keiser Various Department Staff Members REVIEW AND APPROVAL OF AGENDA There were no changes to the Agenda. PETITIONS AND COMMUNICATIONS a. Independence Day Great American Picnic Mayor Ahrens introduced a presentation regarding this year s Great American Picnic, held each year on the 4th of July. City and County Manager Ozaki introduced Kay Gazaway, Broomfield s new Community Events Coordinator, and welcomed her to Broomfield. Bob Morgenstern challenged Councilmembers to the annual softball game with the senior softball team. Council accepted the challenge and stated they look forward to the game. Matt Gulley, Recreation Facility Manager, presented an update on the festivities planned for this year s Great American Picnic, including the fireworks display. There were no public comments. Responding to Councilmember inquiry, City and County Manager Ozaki advised that Broomfield is working with Xcel Energy for permission to use its poles to display flags along Midway Boulevard. 5(a) - Page 2

3 -2- CITIZENS' COMMENTS Neighborhood Fireworks Gary Berlin, Broomfield resident, encouraged the police to use whatever resources possible to enforce the ban against neighborhood fireworks. Affordable Housing in Broomfield Audrey DeBroux, Broomfield resident and representative for the Emergency Family Assistance Association (EFAA), urged intervention to provide more affordable housing options for families in Broomfield. COMMUNITY AND EVENT UPDATES JAX Now Open Announcement Jezierski Farmers Market at Holy Comforter Episcopal Church Announcement Taylor Councilmember Taylor announced that the grand opening for the Farmers Market was on this date. The Market is open every Tuesday from 4-7 p.m. Colorado Counties, Inc. (CCI) Meeting - Announcement Ahrens Mayor Ahrens advised that Broomfield had the largest contingent ever present at the last CCI meeting. Broomfield Trails Day Report Ahrens Mayor Ahrens reported a successful kick-off on June 4 for Broomfield Trails Day and requested that more t-shirts be available for next year s event. Phase 2 of US 36 Project Report Ahrens Mayor Ahrens reported on the ribbon-cutting which marked completion of the second phase of the US 36 Project, noting that this is a successful collaborative effort with surrounding communities. Opening of Rocky Mountain Greenway Trail on June 11 Announcement Ahrens CONSENT AGENDA Consent Agenda items 7(a) through 7(d) were read by title. a. Approval of Minutes Regular Meeting of May 24, 2016 The recommendation was that the Minutes of the Regular Meeting of May 24, 2016 be approved. b. Ordinance No Amending Chapter 2-52, Public Library of the Broomfield Municipal Code - First Reading 5(a) - Page 3

4 -3- Responding to Councilmember inquiry, Roberta Depp, Director of Library Services and Cultural Affairs, advised that fees and fines are being lowered to keep them similar to other libraries in the multi-library consortium of which Broomfield is a part. Fees and fines, she noted, are intended to be an incentive to return items, rather than to raise revenue. The recommendation was that Ordinance No be adopted on First Reading and ordered published in full; that a public hearing on said Ordinance be scheduled for 6:00 p.m., June 28, 2016, in the Council Chambers at the George Di Ciero City and County Building; and that Second and Final Reading on said Ordinance be scheduled for June 28, 2016, following the public hearing. c. Ordinance No Amending Chapter 2-60 of the Broomfield Municipal Code to Change Administrative Organization First Reading The recommendation was that Ordinance No be adopted on First Reading and ordered published in full; that a public hearing on said Ordinance be scheduled for 6:00 p.m., June 28, 2016, in the Council Chambers at the George Di Ciero City and County Building; and that Second and Final Reading on said Ordinance be scheduled for June 28, 2016, following the public hearing. d. Resolution No Authorizing and Approving an Agreement by and between the City and County of Broomfield and Saunders Construction, Inc. for the Preconstruction Services for the Wastewater Treatment Facility Laboratory and Administrative Building Expansion Project The recommendation was that Resolution No be adopted. COUNCILMEMBER TAYLOR MOVED THAT AGENDA ITEMS 7(A) THROUGH 7(D) BE ADOPTED. THE MOTION CARRIED UNANIMOUSLY WITH COUNCIL- MEMBERS DERDA, ERICKSON, JEZIERSKI, KREEGER, LAW-EVANS, SHELTON, STOKES, TAYLOR AND TESSIER VOTING AYE. e. Request for Executive Session to Discuss Negotiations Re: Civic Center Project f. Request for Executive Session to Discuss Economic Development Issues Mayor Ahrens introduced requests for Executive Sessions following the June 14, 2016 regular agenda. The Clerk read Items 7(e) and 7(f) by title. There were no public comments. There were no Councilmember comments or questions. Mayor Ahrens advised that requests for Executive Sessions require an affirmative vote of two-thirds of the City Council. 5(a) - Page 4

5 -4- COUNCILMEMBER ERICKSON MOVED THAT AGENDA ITEMS 7(E) AND 7(F) BE ADOPTED. THE MOTION CARRIED UNANIMOUSLY WITH COUNCIL- MEMBERS DERDA, ERICKSON, JEZIERSKI, KREEGER, LAW-EVANS, SHELTON, STOKES, TAYLOR AND TESSIER VOTING AYE. CONVENE AS BOARD OF SOCIAL SERVICES There was no business for the Board of Social Services. CONVENE AS BOARD OF HEALTH There was no business for the Board of Health. CONVENE AS BROOMFIELD HOUSING AUTHORITY There was no business for the Broomfield Housing Authority. COUNCIL BUSINESS a. Resolution No Authorizing and Approving a Supplement to Oil and Gas Operator Agreement by and between Extraction Oil and Gas, LLC and the City and County of Broomfield Mayor Ahrens introduced consideration of a proposed supplement to the Oil and Gas Operator Agreement with Extraction Oil and Gas (Extraction). Extraction is proposing to consolidate the number of drilling sites from ten sites to three and proposing to remove more than twenty existing vertical wells throughout northern Broomfield. City and County Manager Ozaki summarized the Staff report, noting that there are currently over 90 oil and gas wells in Broomfield, mostly north of 136th Avenue up to the northern border of Broomfield, with about 20 of these wells located between 136th Avenue and the Northwest Parkway. Council did a thorough, detailed review of regulations and after several public meetings and input, a voluntary agreement process requiring higher standards than those required by the State was implemented. In August 2013, Council approved an Oil and Gas Operator Agreement (MOU) with Sovereign Operating Company for at least 31 wells among ten sites. Sovereign sold its interests to the wells to Extraction effective January Erika Delaney Lew, Senior Assistant City and County Attorney, noted the significant research done in 2013 for best management practices (BMPs). In 2014 there was a court ruling that Sovereign was not banned from drilling since the MOU was signed before the Charter Amendment was effective. A May 2016 court ruling determined that drilling bans in Longmont and Fort Collins were invalid. Attorney Delaney Lew advised that the existing MOU is still in place, and reviewed the BMPs listed in the Memorandum. The proposed supplement to the MOU maintains the BMPs while consolidating the number of drilling sites from ten to three sites, with eventual removal of more than twenty existing vertical wells throughout northern Broomfield. Jason Vahling, Public Health Director, reviewed the inspection program and how it was developed. Boulder County Health already had a successful program in place and the Intergovernmental Agreement (IGA) with that agency for inspections was renewed in The program ensures that well sites are in good shape, including the use of infrared cameras to detect leaks. Mr. Vahling noted that the vast majority of sites are in compliance and all inspection results 5(a) - Page 5

6 -5- are posted to the Broomfield Oil and Gas web site. There is a strong collaborative effort with the Colorado Oil and Gas Conservation Commission (COGCC). Boyd McMaster, Asset Planner and Petroleum Engineer for Extraction Oil and Gas, showed a PowerPoint presentation, included as Attachment 3 in the Memorandum. He noted there are about 26 active wells in Broomfield, including those owned by Noble Energy. The ten approved locations were acquired from Sovereign. The plan is to consolidate the ten well sites to just three by the use of the horizontal drilling method. Extraction is still working on right-of-way acquisitions and details. Mr. McMaster reviewed the four phases of the redevelopment plan: evaluation, plugging and reclamation, development, and intermediate reclamation. He advised that the plan includes water and groundwater quality protection, air quality protection, and noise mitigation. He described the hydraulic stimulation or fracking process. Public comment was received from Tom Cave, John Varn, Dean Sanner, Jennie Markarian, Katrina Hamrick, Nancy Flanagan, Tim Flanagan, Ann Marie Cleary, Joan Stern-Murahata, Laurie Anderson, Dave Walden, Deven Shaff, Rick Fernandez, David Maren, Charles Trostle, Maria Orms, Ashley Steele, Mitch Miller, David Beck, and Jack Griffith. Public comments included: 1) Impressed with Sovereign s willingness to work with the community; 2) Best management practices have improved over the years as technology solves many of the problems; 3) It was a short period between implementation of the MOU and the moratorium; 4) There are no earthquake codes in Broomfield; 5) The Study Session was helpful; 6) Support the decreased number of wells; 7) Encourage future Council to never support an agreement that could be superseded in an election by the desires of the citizens; 8) A Facebook post claims that Broomfield officials had met in secret to discuss oil and gas issues; 9) Feel that the public was not informed before a decision was made nor made aware of the Court s judgment; 10) Oil and gas is a vital industry and one of the most technologically advanced industries; 11) Closing wells is a positive thing for the community; 12) Banning drilling is against the rights of property owners; 13) Ask Council to exercise caution and consider impacts on ground water, air quality, roadways and the community; 14) Concerns regarding leaks of noxious chemicals from pipes due to corrosion; 15) Concerns regarding the chemicals used and their disposal, as well as emissions, noise and earthquakes; 16) Opposed to this plan because of the proximity to homes and schools and asks for postponement of vote; 17) The public needs a set of definitions to understand the drilling process; 18) Needs to be an agreement between drillers and developers to cover potential structural problems in houses prior to drilling; 19) Horizontal drilling is a relatively new technology; 20) Feel satisfactorily protected with Extraction s proposed plan and it will benefit Broomfield by reducing the number of wells; 21) Build a solar panel instead fracking pollutes; 22) Extraction is invested in Colorado and has families here. It is a show of the company s values that it is going above and beyond Broomfield and State regulations; 23) The Sheridan pad is in a terrible location, with homes being built nearby and affecting property values, as well as affecting children with its toxic fumes; 24) Short-term ballot initiatives could be on the November ballot to give cities more control; 25) Support the amendment to consolidate pads; 26) Truck traffic will be a problem; 27) Support the MOU and dispute claims of earthquakes, water pollution and safety; 28) These best business practices should be complimented; 29) Fracking occurs thousands of feet below the water line; 30) Sound walls are up during drilling and come down once the drilling is done; and 31) Extraction s consolidation of well sites and the clean-up will be a huge benefit throughout the neighborhood and fewer sites will be disturbed. A short break was taken following public comments. The meeting reconvened at 8:22 p.m. Applicant representative responses to public inquiries included: 1) Silicosis sand was used probably 20 years ago in the industry but a new extraction technology called sandbox is used now which eliminates noise associated with blowers and isolates silica sand; 2) By consolidating the 5(a) - Page 6

7 -6- number of drill sites, truck traffic will be incrementally decreased; 3) Recycled water is used when possible; 4) Fewer chemicals are used today than what was used ten years ago; 5) Filters are used to remove particulate matter and then disposed of properly; 6) Regarding sound levels, efforts are being made to reduce noise by bringing electricity to the sites, and to the extent possible will be signing an agreement with United Power and getting this electricity from power lines instead of using diesel generators; 7) Equipment is being redesigned with a much lower decibel operating level, as well as an automatic fire suppression system; 8)) Aware of the discrepancy in the number of houses as shown in the photo in the Memorandum and the Google photo of the Sheridan pad as a result of rapid development; 9) There will not be a pipeline under the reservoir, but there will be a well drilled 7,000 feet under the reservoir, which will have no impact; 10) EPA regulations require a spill protection counter plan, so berms are built as a secondary containment system, with the tank itself being the first containment system. Steel berms are used which also contain any potential runoff from stormwater; 11) Described flowlines and the related inspection processes involved; 12) Extraction engineer has recently bought a house in this neighborhood so he is not concerned about fracking vibrations causing structural damage; 13) Housing prices reflect no significant showing of long-term impact from drilling; and 14) Air quality has improved over a time when there is more oil and gas drilling in Colorado than ever. Councilmember comments included: 1) More information is needed regarding earthquake codes; 2) Encourage going to the State with these issues; 3) No secret Council meetings have taken place and this false claim should be removed from the Facebook post; 4) The amendment is not about fracking in Broomfield because the company already has that right. The question is whether the modification is better for Broomfield, to consolidate the oil and gas operation and remove wells; 5) Many resources are available to support public awareness of Broomfield events and meetings; 6) A transparent and fair process is essential; 7) Safety protocols for Broomfield are second to none and minimize the impacts on the environment; 8) The State has spoken with regards to fracking and this amendment decreases the number of sites; and 9) The MOU made the process much safer and the amendment will benefit more residents with fewer well sites. Staff and Applicant responses to Councilmember questions included: 1) 99% of methane is captured and the rest is incinerated on site; 2) Colorado has the strictest air quality regulations in the world; 3) Ultraviolet cameras detect leaks and there are many additional safety tests and independent daily tests; 4) Surface and subsurface microphones are installed in well depths to better sense and gauge any seismic activity; 5) Foundation problems are not a surprise considering the expansive soils in this region; 6) The Regional Air Quality Commission gathered baseline information in 2015; 7) All active wells are operated by Extraction at this time; 8) Eighteen months after drilling of replacement wells begins, the other wells will be plugged and there will be continual monitoring of the sites until they are revegetated; 9) Improved technology allows ten sites to be reduced to just three. This is a phasing plan and not all three sites will be done at once; 10) 31 wells are approved on the current sites, subject to results of exploratory drilling and based on prior approvals for the number of wells on the sites; 11) Explanation of pipeline and inspection process, with each well head monitored every day; 12) Decommissioning of a pipeline is controlled by a Federal agency; 13) Sound walls decrease noise and prevent light pollution, but possibly could not put up a wall if requested by Broomfield and the State; 14) This is a heavily regulated industry; 15) Unaware of any safety incidents and the few occurrences of spills have been manmade and human error, not equipment failure; 16) Noise level is baselined and then monitored continuously; 17) Still a mile or two of pipeline rights-of-way that need to be secured; 18) No new wells will be drilled on these sites; 19) The representative s understanding is that no Broomfield water will be used for these wells; 20) According to the terms of the MOU, the operator is required to provide liability insurance that covers pollution, cleanup and general liability in the amount of $1 million per occurrence and $2 million in the aggregate, as well as general liability umbrella coverage in the amount of $5 million; 21) Wastewater is taken to a closed tank, put 5(a) - Page 7

8 -7- through filtration to remove particulates, biocides are added, it s mixed with fresh water, and is put down the hole of the next well; 22) Not aware of any heavy metals that come back in this basin; 23) All known chemicals are reported per State law, to the extent that it is not a proprietary blend that cannot be disclosed; 24) Attempted to schedule a community meeting with Spruce Meadows prior to the May 31 Study Session but could not so distributed informational flyers to the HOAs. Community meetings for Anthem Ranch and Anthem Highlands HOAs are scheduled for June 21 and June 22; 25) A delay in Council making a decision will make it harder to get the pipelines installed and to gain power requests. If there is approval, Extraction can start its feasibility evaluation and engineering design, get into neighborhoods quickly and get out quickly; 26) Brief descriptions of the procedures for horizontal drilling and for the plugging and abandonment of wells; and 27) Mineral rights are controlled by COGCC which ensures that multiple property owners each get a fair share. Resolution No was read by title. COUNCILMEMBER DERDA MOVED THAT RESOLUTION NO BE ADOPTED. Councilmember Kreeger advised that although he supports the plan, he also supports the process and feels that neighborhood meetings should happen first. He offered a substitute motion: COUNCILMEMBER KREEGER MOVED THAT THE VOTE ON THIS RESOLUTION BE POSTPONED TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING ON JUNE 28. ROLL CALL ON MOTION: THOSE VOTING AYE WERE: THOSE VOTING NO WERE: COUNCILMEMBERS JEZIERSKI, KREEGER AND TESSIER COUNCILMEMBERS DERDA, ERICKSON, LAW-EVANS, SHELTON, STOKES, AND TAYLOR THE MOTION FAILED ON A VOTE OF 3 TO 6. Vote on the original motion: THE MOTION CARRIED UNANIMOUSLY WITH COUNCILMEMBERS DERDA, ERICKSON, JEZIERSKI, KREEGER, LAW-EVANS, SHELTON, STOKES, TAYLOR AND TESSIER VOTING AYE. b. Review and Comment on Emerald Elementary School Site Development Plan Owner/Applicant: Boulder Valley School District Location: 755 West Elmhurst Place Mayor Ahrens introduced review and comment regarding the proposed plan by the Boulder Valley School District (BVSD) to replace the Emerald Elementary School building, located at 755 West Elmhurst Place, with a new structure located at the same location as the existing school building. Kevin Standbridge, Deputy City and County Manager, advised that school districts are exempt from authority approval for the building of a school district facility, and Broomfield s role is more advisory in nature. 5(a) - Page 8

9 -8- Dave Shinneman, Community Development Director, summarized the Staff memorandum and presented a video of the site location. The Design Advisory Team has met six times. The plan is consistent with the Comprehensive Plan. The gym will stay and the new school will be built while the old one stays. The plan meets Broomfield standards for the number of parking stalls. The impervious area of the existing site will decrease. Prior to the start of construction, the Applicant must submit a No-Rise Certificate as well as a No Adverse Impact Statement confirming no changes to the floodway and verifying no increase in base flood elevations or floodplain width. Mr. Shinneman reviewed the proposed architecture and building materials, as well as parking and signage, as described in the Memorandum. Tim Doezal, Project Manager and Boulder Valley School District representative, advised that building on the existing site was a challenge but the group persevered and hopes to start on Monday. The new school is planned to be open by Fall He noted this is an exciting, innovative design. Public comment was received from Barb and Paul Eberhart and Jerry Parker. Public comments included: 1) Live across the street and have concerns about the impervious part. Dirt is being brought in to raise the new site to two feet above the flood plain and feel the new school should be built where the current one is located; 2) Neighbors need to be told what is going to happen with regards to noise and traffic; 3) What are the parameters of when construction can take place? 4) Concerned about air quality due to dust and dirt at the site, and pollution levels with idling trucks; 5) Need a flood plain review this new building will be four feet above street level; 6) How will asbestos issues be handled, including disposal? 7) Has the fire district given approval? 8) Questions about landscaping; 9) This is a two-story building that will block views; and 10) Request that the City sponsor a public meeting(s) to provide information and to address neighbors many concerns. Staff and Applicant responses to public comments and questions included: 1) Will follow noise and work hours as set by the Broomfield Code; 2) There is a State-regulated process for asbestos abatement that will be closely followed; 3) There will be truck traffic and heavy equipment noise, however, the drivers and subcontractors will look at the area map and determine the safest and most direct route in an effort to keep the traffic flow smoother; 4) Elevation of at least two feet above the flood plain is required; 5) Native grass will be planted because of its low maintenance; and 6) The new site will have more useable area and more playground. Councilmember comments included: 1) None of the Design Advisory Team meetings were closed to the public and all known concerns were addressed at these meetings; and 2) To the contractor, be considerate to the neighborhood. Staff and BVSD representative responses to Councilmember questions included: 1) In addition to this work being done in a densely populated neighborhood, idling trucks and equipment cost money. The project manager will be proactive and let contractors know that is not acceptable; 2) Water tankers rather than fencing will be used to reduce dust; 3) Keeping the streets clean is a must; 4) A meeting will be held on the first day of kick-off and towards the end of the process, but will be glad to respond to any questions between those times; 5) A two-story building is much more efficient and utility bills are less than a single-story with the same square footage; 6) Plans for future growth were at the direction of the District; 7) If this was a private project, it would need to go through a Council review process, however, the District has worked closely with the Planning Department; 8) Ongoing agreements for sharing facilities will be discussed and renewed; and 9) There is a height difference of about four feet between the new school and the current gym. 5(a) - Page 9

10 -9- Consensus was to draft a letter to the Boulder Valley School District Board of Directors, incorporating the City and County of Broomfield s City Council comments and requested changes, which letter may be signed by the Mayor. c. Public Hearing Vista Pointe PUD Plan / Preliminary Plat Second Amendment, the Vista Pointe Filing No. 1 Replat B (Building No. 1 Office / Flex Warehouse) Site Development Plan, and Improvement Agreement Applicant: S&S Development, LLC Location: West of Main Street in the Vicinity of Saulsbury Street, West 118th Avenue, and West 119th Avenue Resolution No Approving Vista Pointe Planned Unit Development Plan / Preliminary Plat Second Amendment and Vista Pointe Filing No. 1 Replat B Site Development Plan and Improvement Agreement Councilmember Erickson left the meeting at this time. Mayor Ahrens opened the public hearing at 10:54 p.m. regarding a proposed plan amendment and proposed expansion of permitted uses for a new office / flex warehouse building for property located west of Main Street in the vicinity of Saulsbury Street, West 118th Avenue and West 119th Avenue. Because the property is located within the Original Broomfield urban renewal area, a public hearing before the Broomfield Urban Renewal Authority for the proposed Urban Renewal Site Plan was also necessary. For the purposes of coordination and in the interest of time considerations for the Applicant and the citizens present, Mayor Ahrens convened the Broomfield Urban Renewal Authority so that BURA s public hearing for this project, Agenda Item 14(a), could be held concurrently with Council s public hearing. Dave Shinneman, Community Development Director, summarized the Staff report and presented a video of the site location. The subject property is vacant, however the overall subdivision has improvements to serve the property. The proposed development plans are consistent with the Comprehensive Plan. Mr. Shinneman reviewed the permitted uses and noted that variances were requested for a minor reduction in the minimum private open area and for parking stall length. The proposed Improvement Agreement is between three parties: the City and County of Broomfield, Spallone & Schafer Ventures, LLC (owner), and S&S Development, LLC (developer). The Planning and Zoning Commission unanimously recommended approval of the proposed application with no conditions. There were no key issues identified by Staff. Tim Schafer, Applicant representative, advised that suggestions received at the Concept Review were helpful and were reviewed with Broomfield staff to improve the proposed project. Tim Hynek Chairman of the Board for FRIENDS, commented that they are excited to have a neighbor and this will offer a great opportunity to secure employment. He expressed concerns regarding: 1) Surface and ground water mitigation; and 2) Mitigate and minimize traffic. Addressing those concerns, Mr. Schafer advised that there will be inspections throughout the construction phase to ensure proper water mitigation. The developer is sensitive to the issue of traffic and parking and the service drives are expected to alleviate those problems. Councilmembers commented that they support this project and welcomed the Applicant to Broomfield. 5(a) - Page 10

11 -10- The public hearing was closed at 11:08 p.m. Resolution No was read by title. COUNCILMEMBER TAYLOR MOVED THAT RESOLUTION NO BE ADOPTED. THE MOTION CARRIED UNANIMOUSLY WITH COUNCIL- MEMBERS DERDA, JEZIERSKI, KREEGER, LAW-EVANS, SHELTON, STOKES, TAYLOR AND TESSIER VOTING AYE. ATTORNEY'S REPORT No report was given. MANAGER'S REPORT a. Lowell Boulevard South - 120th Avenue to East Midway - Update City and County Engineer Katie Allen presented an update for the project and responded to Councilmember questions. Project delays are attributed to a variety of factors including weather, utility conflicts, and marginal contractor performance. Paving was further postponed to accommodate sewer and water connections for the Broomfield Veterinary Clinic so that the new pavement would not have to be immediately cut and patched for the connections. There is a clause in the contract for per-day liquidated damages and this will be looked at when the project is completed. b. Purchase of Colorado-Big Thompson Units CONVENE AS BROOMFIELD URBAN RENEWAL AUTHORITY The meeting of the Broomfield Urban Renewal Authority was convened by Chairperson Ahrens at 10:54 p.m. Those present were: Members Martha Derda Stan Jezierski Kevin Kreeger Elizabeth Law-Evans Mike Shelton Greg Stokes Sam Taylor [returned during the Staff presentation] Sharon Tessier Those absent were: Members David Beacom Bette Erickson 5(a) - Page 11

12 -11- Also present were: City and County Manager Charles Ozaki Deputy City & County Manager Kevin Standbridge Deputy City and County Attorney Pat Gilbert Administrative Analyst / Deputy Clerk Judy Keiser Various Department Staff Members a. Public Hearing Vista Pointe Filing No. 1 Replat B (Building No. 1 Office / Flex Warehouse) Urban Renewal Site Plan Applicant: S&S Development, LLC Location: West of Main Street in the Vicinity of Saulsbury Street, West 118th Avenue, and West 119th Avenue Resolution No UR Approving the Vista Pointe Filing No. 1 Replat B Urban Renewal Site Plan Chairperson Ahrens opened the public hearing at 10:54 p.m., concurrently with Agenda Item 11(c), regarding Vista Pointe Filing No. 1 Replat B Urban Renewal Site Plan. Discussion for this Agenda item was held concurrently with Agenda Item 11(c). The public hearing was closed at 11:08 p.m. Resolution No UR was read by title. MEMBER TAYLOR MOVED THAT RESOLUTION NO UR BE ADOPTED. THE MOTION CARRIED UNANIMOUSLY WITH MEMBERS DERDA, JEZIERSKI, KREEGER, LAW-EVANS, SHELTON, STOKES, TAYLOR AND TESSIER VOTING AYE. b. Request for Executive Session to Discuss the 120th Avenue Urban Renewal Area Negotiations Chairperson Ahrens introduced a request for an Executive Session following the June 14 regular agenda. He advised that requests for Executive Sessions require an affirmative vote of two-thirds of the City Council. Deputy City and County Attorney Gilbert read the motion. MEMBER JEZIERSKI MOVED THAT AN EXECUTIVE SESSION BE HELD ON JUNE 14, 2016, IN ORDER TO DETERMINE POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOP STRATEGY, TO DIRECT NEGOTIATORS, AND TO RECEIVE LEGAL ADVICE AS NECESSARY, ALL RELATING TO PROPERTY LOCATED WITHIN THE 120TH AVENUE URBAN RENEWAL AREA, AS PERMITTED BY (4)(B) & (E) OF THE COLORADO REVISED STATUTES. THE MOTION CARRIED UNANIMOUSLY WITH MEMBERS DERDA, JEZIERSKI, KREEGER, LAW- EVANS, SHELTON, STOKES, TAYLOR AND TESSIER VOTING AYE. The meeting of the Broomfield Urban Renewal Authority was adjourned at 11:19 p.m. 5(a) - Page 12

13 -12- CONVENE AS ARISTA LOCAL IMPROVEMENT DISTRICT BOARD OF DIRECTORS There was no business for the Arista Local Improvement District Board of Directors. SPECIAL REPORTS There were no special reports. COUNCILMEMBER AND MAYOR REQUESTS FOR FUTURE ACTION There were no requests for future action. COUNCILMEMBER REPORTS US 36 Commuting Solutions Meeting Report Kreeger Tentative Meeting on August 1 with Dave Genova re: RTD Rail Service in Broomfield Announcement Ahrens ADJOURNMENT The meeting was adjourned at 11:24 p.m. to Executive Sessions. APPROVED: Deputy City and County Clerk Mayor 5(a) - Page 13