Erie Town Council Meeting - April 23, 2024

The Erie Town Council met on April 23, 2024, at 6:55 PM (actual start 7:07 PM) in Council Chambers. The meeting covered consent agenda items, proclamations, a resolution to amend the development agreement for Erie Highlands Filing 16 (related to an orphaned well), a public hearing on the 2024 first supplemental budget, and a public hearing on the Redtail Ranch preliminary plat. The meeting adjourned at approximately 11:45 PM.

Consent Calendar

• Approved the April 9, 2024 Town Council meeting minutes.
• Approved proclamations for National Administrative Professionals’ Day (April 24), Mental Health Awareness Month (May), Older Americans Month (May), and Economic Development Week (May 6-10).
• Approved appointments to various boards and committees.
• Approved an amendment to the professional services agreement with Leonard Rice Consulting Water Engineers for supplemental groundwater aquifer testing at Filly Lake Well System.
• All consent items passed unanimously by roll call vote.

Public Comments & Testimony

• Christine Emerson (1600 Alpine Drive) expressed disappointment that no council member responded to her emails or phone calls about an unspecified issue, stating she values transparency.
• Bruce Crawford (157 South McGregor Circle) warned of traffic problems when the new King Soopers opens, noting that the closure of the Lafayette King Soopers will funnel more traffic through the intersection near Lowe's and a new Aldi. He urged the town to fix the intersection before the store opens.
• Kristen Phileas (Erie Highlands) raised concerns about Allo (telecommunications contractor) digging holes in the community, including a recent unmarked slit near the sidewalk at Rusty Mellon that could be hazardous to pets. She asked the town to keep Allo accountable.

Discussion Items

Proclamations

• Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month (May 2024): James Everett (DDEI Manager) presented the proclamation. Mayor Pro Tem Sara Loflin read it, noting the personal significance of her father arriving as a South Vietnamese refugee in 1974. The proclamation recognized contributions and encouraged community dialogue.
• Police Week (May 12-18, 2024) and Peace Officers’ Memorial Day (May 15, 2024): Chief Lee Mathis thanked the council for support. Council Member Emily Baer read the proclamation, honoring officers who have died or been disabled in the line of duty.
• Memorial Day (May 27, 2024): Council Member Ari Harrison read the proclamation, sharing that his father was killed in action in Vietnam on May 23, 1970, when Harrison was six months old. He emphasized remembering fallen heroes.

Erie Highlands Filing 16 – First Amendment to Development Agreement (Resolution 24-056)

• Staff Presentation: David Frank (Director of Environmental Services) detailed the history of the William Peltier well, an orphaned well on the site that was plugged in 1996 but has been leaking methane. Initial testing in 2022 showed thermogenic methane at low levels (0.4% in one sample, rising to 1.6% in spring 2023). The well is near the proposed development (Block 4), and the developer (Oakwood Homes) has now contracted with Carbon Shield to re-plug the well, expected to mobilize in early May 2024. The resolution prohibits the town from issuing certificates of occupancy for homes on Block 4 until the well is properly plugged and accepted by the state, acting as a backstop.
• Public Comments: Several residents of Erie Highlands spoke against Oakwood, citing a history of broken promises, poor workmanship, and lack of transparency. Dennis Crooks (96 Piney Creek Lane) urged approval, saying the resolution forces accountability. Ken Iverson (Erie Highlands) asked council to protect residents from unfunded maintenance left by Oakwood. Christine Phileas asked for a hard start date for work. Christy Cowers (100 Pearl Lake Way) echoed concerns about passing costs to residents. Kimberly Wilkie (418 Highland Circle) questioned contractor vetting. Jess McNail (Full Painted Whole Sway) worried about the cheapest bidder. Cassie Dunford (1003 Auburn) cited specific safety issues (drainage, ice, pool hazards). Josh Molm (President of Erie Highlands Metro District 1) urged rejection, citing lack of specificity in vendor selection, absence of deadlines, and need for long-term assurances. Mitchell Gonzalez (Erie Highlands Metro District 2 President) highlighted Oakwood's untrustworthiness regarding contractor selection. Tanya Baka (150 Pear Lake Way) asked that nothing be built until the well is capped and inspected.
• Council Deliberation: Council members expressed concerns about trust, but acknowledged the resolution improved the situation by preventing occupancy until the well is resolved. Comments from Oakwood's environmental counsel (Evan Singleton) and entitlement director (Greg) indicated three bids were received, Carbon Shield was vetted, and they are confident in the work. Director Frank noted Carbon Shield is registered with the ECMC and recommended by other cities. Questions were raised about long-term monitoring, insurance, and disclosure to buyers. The town attorney noted the resolution minimizes legal risk. The resolution passed unanimously (7-0).

Public Hearing: 2024 First Supplemental Budget (Ordinance 018-2024)

• Staff Presentation: Sara Hancock (Finance Director) and Cassie Bethune (Finance Manager) presented budget process improvements, including an executive budget team, enhanced training, and performance measures. They reviewed evaluation criteria for requests, cutting $7 million across all funds ($2.5 million from the general fund). The supplemental includes $134 million in total requests (including rollovers), with $10.1 million in new revenue (mostly grants). General fund ending balance is projected at $31 million (spendable $17.5 million, double the minimum). A new Capital Improvement Fund (CIP) will be established, transferring $28 million from general fund balance at year-end. Major changes include: 4 new positions (building inspector, environmental analyst, deputy town manager, director of utilities), $3.5 million in grant-funded planning projects, $2.2 million for public works (insurance repairs for hail and roof), and $2.5 million for police facility COP (will be reimbursed).
• Public Comments: None.
• Council Deliberation: Council members praised the rigor and transparency. Councilor Solish noted the 4.4 million duplicate project removal. Questions about the Airport Fund's enterprise status and grant accounting were addressed. The budget was approved unanimously (7-0).

Public Hearing: Redtail Ranch Preliminary Plat (Resolution 24-062)

• Staff Presentation: Harry Brennan (Senior Planner) and David Frank presented the plat for 587 residential lots (townhomes, duplexes, single-family detached) on ~290 acres, zoned low-density residential (2 du/acre). The site has environmental hazards: adjacent to two landfills (Denver Regional South closed, Front Range Regional active), four oil and gas facilities (two active with 350-foot setbacks), and a former IBM toxic waste dump (1,500 drums of solvents cleaned up in 2018 under EPA/CDPHE oversight, with a 30-year monitoring plan). Soil vapor barriers and radon mitigation systems are required. The applicant proposed a 200-foot landscape buffer to the south, a spine trail, and three pocket parks. Traffic access via two stop-controlled entrances on Weld County Road 5 and one tie-in to the Vista Parkway roundabout.
• Public Comments: Multiple speakers opposed the project. Scott Rohrer (1581 Alpine Court) asked about traffic mitigation and school capacity. Michael Pierce (1650 Parkdale Circle North, Vista Point HOA President) expressed concerns about traffic, maintenance responsibilities at the roundabout, and requested a seat at the table for future discussions. Tom McGrath (Primrose Lane) said Primrose Lane is already dangerous due to speeding and that the development will add thousands of vehicle trips. Jeff Deacon (1372 Catapult Place) argued the site is too contaminated (landfills, oil wells, toxic waste) and that the developer has not adequately addressed concerns, urging denial. Pam DeJong (2124 Indian Paint Brush Way) asked about relocation of coyotes and traffic impacts on County Road 4 and Sheridan.
• Applicant Rebuttal: Roger Hollard (Stratus representative) stated the company spent millions on cleanup after discovering the contamination post-purchase, and that the project is the only way to recover the investment. They argued all UDC criteria are met, including housing diversity and open space. The developer offered to fund a traffic signal if warranted. The applicant discussed the Colorado Brownfields Revolving Loan Fund loan to cap the cleanup area.
• Council Deliberation: Council members raised concerns about cumulative impacts of multiple hazards, traffic, and school capacity. Councilor Baer noted no signalization at County Road 5 and Redtail Parkway. Councilor Harrison questioned the need for signalization given heavy truck traffic. Councilor Solish noted improvements from the 2020 plan. Councilor Hoback expressed concerns about transparency and notice to residents. Councilor Bear noted the developer's honesty but said cumulative impacts are too great. Councilor Hoback stated she could not support due to health concerns. A motion to continue the hearing to June 25 failed (3-3, with Mayor Pro Tem Loflin, Councilor Hoback, and Councilor Baer voting no). A motion to approve the plat failed (3-3, with Councilor Solish, Harrison, and Bell voting yes; Councilor Baer, Hoback, and Loflin voting no; Councilor Hoback no). The plat was not approved.

Key Outcomes

• Erie Highlands Filing 16 Amendment: Unanimously approved (7-0). The resolution prohibits certificates of occupancy for Block 4 until the William Peltier well is re-plugged and accepted by the state.
• 2024 First Supplemental Budget: Unanimously approved (7-0). $134 million in appropriations, including new positions, grant-funded projects, and capital improvements.
• Redtail Ranch Preliminary Plat: Denied by a 3-3 tie vote (motion failed). The developer may resubmit after one year per code.
• Council Announcements: Arbor Day/Earth Day event April 27 at 10 AM at Post Erie Community Park; Town Fair May 18; oil and gas plugging at Arapahoe Ridge starting May 6; staff asked to review traffic on Nine Mile and address Allo digging holes.