Erie Town Council Meeting Summary - May 28, 2024

The Erie Town Council met on May 28, 2024, at 6:30 PM in the Council Chambers. The meeting included the approval of the consent agenda, public comments on various issues, a proclamation for Pride Month, approval of a Neighborhood Improvement Program reimbursement agreement, a resolution for a Tax Increment Revenue (TIF) agreement for the Erie Gateway Phase 1 Urban Renewal Plan, and continuation of a public hearing for the 111th and Arapahoe zoning ordinance. The meeting also included staff reports, council member reports, and an executive session regarding the Erie Municipal Airport. The meeting adjourned into executive session at approximately 8:20 PM.

Consent Calendar

• Approved the May 14, 2024, Town Council Meeting Minutes.
• Adopted a proclamation in support of National Safety Month.
• Approved Ordinance 024-2024 amending Section 1-4-8 of the Erie Municipal Code regarding court costs.
• Approved Resolution 24-082, an agreement for services with E&M Concrete, LLC for 2024 concrete maintenance.
• Approved Resolution 24-072, a rate increase for Presiding Judge Teresa Ablao of the Erie Municipal Court.
• Approved an ordinance authorizing the transfer of real property to Grandview at Erie Homeowners Association, Inc.
• Approved Resolution 24-?? approving a construction contract with Namaste Solar, Inc. for the Leon A. Wurl Service Center rooftop solar replacement.
• Approved Resolution 24-?? approving a construction contract with B&M Roofing of Colorado, Inc. for the Leon A. Wurl Service Center roof replacement.
• Proclaimed the first Friday in June 2024 as National Gun Violence Awareness Day in the Town of Erie.
• Approved Resolution 24-085 declaring a vacancy on the Town Council due to the resignation of Ari Harrison.

The consent agenda was approved unanimously by roll call vote.

Public Comments & Testimony

• Bill Dowd (Owner, County Line Lumber) expressed concern about the complete closure of County Line Road during construction, stating it could jeopardize his business and its 12 employees. He requested keeping one lane open during construction, citing the road had never been closed before and emphasizing the need to mitigate damage to his business.
• Joe Sigan (Employee and resident) echoed concerns about County Line Road closure, citing lack of communication from the town. He requested that one lane remain open and asked about the possibility of night work to minimize disruptions to deliveries and customer access.
• Jane Fuller (Resident) expressed frustration with the lack of information and felt that developers are controlling decisions. She highlighted ongoing flooding on 111th and infrastructure issues related to the Nine Mile project, urging the council to be more thoughtful about citizen impacts.
• Beth Mateika (Resident) echoed Jane Fuller's concerns, noting lack of consideration for noise and light mitigation for neighbors facing Lowe's near Nine Mile. She thanked the town for $25,000 to replace killed trees but said it was minimal compared to the impact.
• Jerry Howard (Resident) raised concerns about flooding on 111th near Schofield farm and accused the developer of destroying a trail and not repairing it)Skip. He urged the council to hold the developer accountable.
• Candace White House (Resident) supported County Line Lumber, expressing concern for all businesses in the area and the impact of complete road closure on emergency vehicles. She urged keeping one lane open.
• John Mortolero (Resident) questioned how the agenda changed twice on the day of the meeting, with the developer sending incorrect information to a mass email list without a retraction.
• Andrew Moore (Resident) criticized two ordinances from 2023 (11-2023 and 17-2023) that he claimed removed public input from planning decisions and gave developers fast-track approval for housing with only 12% affordable housing. He was disappointed with these changes, stating they consolidated power with the council.
• Cliff Swartz (Resident) reinforced Andrew Moore's comments, calling the ordinances a "power grab" that stripped public process away and reversed the 12% affordable housing threshold.
• Michael Riley (Resident) supported Andrew Moore, urging the council to slow down growth rather than speed it up.

No public comment was taken on the 111th and Arapahoe zoning item, per the announcement that it had been continued.

Discussion Items

• Pride Month Proclamation (Sponsor: Councilor Emily Baer, presented by James Everett, DDEI Manager) – The proclamation recognized June 2024 as Pride Month, marking the 50th anniversary of Pride in Colorado and commemorating the 1969 Stonewall uprising. It highlighted 2024 as a year of progress in rights and protections for the LGBTQ+ community.
• Erie Neighborhood Improvement Program Reimbursement Agreement (Presenter: Luke Bolinger, Development & Neighborhood Services Division Manager) – The agreement with Grandview at Erie HOA would provide $100,000 in reimbursement (from a $100,000 total appropriation for 2024) for a project to refurbish three pocket parks with new equipment, surfacing, and a basketball court. The total project cost is $498,458, with the HOA covering the remainder. The program funds are used to help HOAs with aging infrastructure. Councilor Hoback asked about the total project cost and HOA contribution; Councilor Salish asked about project selection criteria. The agreement was unanimously approved.
• Conditional Tax Increment Revenue Agreement for Erie Gateway Phase 1 Urban Renewal Plan (Presenters: Julian Jacquin, Economic Development Director, and Malcolm Fleming, Town Manager) – The agreement would share town property tax and sales tax revenues with the URA for public improvements in a 1,100-acre area near I-25 and Highway 52, expected to support up to 3,000 residential units and 680,000 square feet of commercial space over 25 years. The town would share 7.288 mills of its general fund property tax mill levy (keeping bonded mill levies) and 1% of its 3.5% sales tax rate, projected to generate up to $23 million and $19 million respectively. All taxing entities must negotiate agreements before the URA board approval on June 25, with adoption tentatively set for August 13. Questions addressed eligible improvements (roads, sewer, stormwater, etc.), timeline, and the impact of a new state bill. The agreement was unanimously approved.

Key Outcomes

• Consent Agenda approved unanimously.
• Pride Month Proclamation adopted.
• Resolution 24-07 (Neighborhood Improvement Program) approved unanimously.
• Resolution 24-078 (Conditional TIF Agreement) approved unanimously.
• Public Hearing on 111th and Arapahoe Zoning continued to June 11, 2024, at the request of the applicant.
• Executive Session moved to discuss the Erie Municipal Airport negotiations, per C.R.S. § 24-6-402(4)(e).

Staff Reports

• Environmental Services Monthly Report (March 2024)
• Public Works Monthly Report
• Planning & Development Monthly Report (April 2024)
• Finance Sales Tax Monthly Report (April 2024)

These reports were included as information only.

Council Member Reports

• Councilor Hoback encouraged participation in the Pride celebration and noted attendance at a Memorial Day ceremony.
• Councilor Baer highlighted kindness in the community, including a speech by Alejandro Chavez at a high school graduation, and noted the Pride celebration events.
• Councilor Salish raised concerns about public comments and requested updates on County Line Road closure plans; Town Manager Fleming stated they were working with the contractor to potentially implement single-lane closures.
• Councilor Salish also provided updates on a Boulder County composting town hall and the CML conference scheduling regarding Juneteenth.

Executive Session

• The council voted unanimously to enter executive session to discuss negotiation strategy regarding the Erie Municipal Airport. No action was taken in open session afterward.