Erie Town Council Meeting - July 9, 2024

The Erie Town Council met on Tuesday, July 9, 2024, at 6:33 p.m. (adjourned at 9:13 p.m.) in the Council Chambers at 645 Holbrook Street. The meeting included a consent agenda, public comment, discussion of a resolution on the Redtail Ranch denial findings, a 90-second celebration video for the Police Community Academy, an annual update from the Municipal Court and Town Prosecutor, a review of draft ballot language for a marijuana excise tax, and a public hearing for the Westerly Preliminary Plat No. 3. Key actions included approval of the amended consent agenda (except item 24-341), adoption of the Redtail Ranch findings resolution with an amendment, and unanimous approval of the Westerly preliminary plat.

Consent Calendar

• Approved unanimously (roll call: 6-0): The consent agenda for all items except 24-341 (Redtail Ranch findings). Items included minutes from June 18 and June 25 special meetings, a resolution for the 2024-25 IGA with St. Vrain Valley School District for a School Resource Officer program, a construction contract with Asphalt Specialties Co. Inc. for 2024 Street Maintenance Phase 2, a resolution accepting dedications for the Baxter Farm Tract Amendment Subdivision, and a resolution adopting findings of fact for the denial of the Redtail Ranch preliminary plat (moved to general business per request).

Public Comments & Testimony

• Andrew Moore (3130 Steven Circle North) thanked the council for their work but criticized the comprehensive plan update process, calling it "superficial." He urged the council to rehire external planning consultants and engage in honest community dialogue, noting that Ordinance 1123 gave the council exclusive rights to the plan and that the consultant Logan Simpson was terminated in August 2023, limiting public input.
• John Mortalero (1732 Southern Street) thanked the council for listening to the community during the June 11 and June 18 meetings regarding the southwest corner of Arapahoe and 11th. He echoed concerns about the comprehensive plan process, specifically that scenarios B and C in Elevate Erie designate the same property as high-density residential, potentially undermining the council's earlier decision. He called for thorough impact studies for all areas.
• Clifford Zwart (1654 Woodworth Street) expressed gratitude for the council's recent responsiveness and proposed exploring the 111th and Arapahoe property as open space, noting potential funding from Lafayette, Boulder County, Go Colorado, and private organizations. He criticized the comprehensive plan process as unscientific and said decisions on parcels are being made by staff, not the public.
• Christine Hackett Eisenberg (798 Limestone Drive) described her experience with the Elevate Erie engagement, stating that the planning scenarios lacked labeled streets or in-depth information. She felt scenarios B and C were presented as "new town thinking" while scenario A was characterized as "stuck in the past." She noted that over a thousand residents engaged on the 111th and Arapahoe issue, suggesting scenario A better reflects community values. She asked the council to consider whether the engagement process provided enough information for informed decisions.

Discussion Items

• Item 24-341: Resolution 24-107 – Adoption of Findings of Fact for Denial of Redtail Ranch Preliminary Plat
  • The item was moved from the consent agenda to general business. Councilor Bell proposed an amendment to Section 1, subsection E, bullet point 1. The original draft stated the applicant “intends to simply cover waste with dirt.” The amendment revised it to: “after removal of drums and excavation of surrounding soil, residual contaminants remain at the site. The applicant intends to cover the waste with a solid waste landfill cover using soil… and install signage indicating environmentally sensitive area.” The amendment was accepted. Councilor Hoback raised questions about whether the findings should be limited to UDC and state law requirements, but the resolution passed 6-1 (Councilor Sawish voted no).
• Item 24-247: Presentation of 90-Second Celebration Video – Police Community Academy
  • Police Chief Lee Mathis introduced the video, highlighting the community academy held from March 6 to May 1, 2024, with 24 resident participants. The video noted an evaluation score of 9.925 out of 10. Council members expressed appreciation. Chief Mathis noted that the department's community outreach officer Courtney Slama organized the program.
• Item 24-323: Municipal Court and Town Prosecutor Annual Update
  • Presiding Judge Teresa Ablao and Court Administrator Danielle Trujillo presented. Key statistics: 874 total cases filed in 2023, on track for similar in 2024. Majority of criminal filings are juveniles (underage alcohol, marijuana, tobacco); most traffic cases are adults speeding 10–19 mph over the limit. The court had its first potential jury trial since 2016 (settled before trial). Judge Ablao announced she will not seek reappointment in 2025, prompting a process for a replacement. The town prosecutor's annual update was provided in absentia, noting work on ordinance updates and code enforcement.
• Item 24-328: Review of Draft Ballot Language for Marijuana Excise Tax
  • Economic Development Manager Stephanie Pitts-Noggle and Director of Administrative Operations Amy Teetzel presented draft ballot language: “Shall Town of Erie taxes be increased by $800,000 in the first full fiscal year… by imposition of an excise tax of 5% on the sale or transfer of retail marijuana…” The $800,000 figure is a Tabor-required overestimate; actual expected revenue is lower. Staff also reviewed draft ordinance provisions: store limit of 2, 1,000-foot buffer from schools (from school activity, not just building), 250 feet from residential zones, 1,000 feet between stores, maximum facility size of 5,000 sq. ft., and ventilation requirements. Zoning would allow stores in community commercial, regional commercial, and business zones. Council discussed Tabor implications, state preemption, and the need for social equity licensing. The final ballot language is scheduled for adoption on July 23, with a drop-dead date of August 13 for the November ballot. The ordinance will go to Planning Commission in August for a public hearing before returning to Council.
• Item 24-321: Public Hearing – Resolution 24-104 Approving Westerly Preliminary Plat No. 3
  • Senior Planner Aly Burkhalter presented the request for 150 acres, 264 lots, and 34 tracts at the southwest corner of County Road 7 and Erie Parkway. The plat includes townhomes, duplexes, and single-family detached homes, a 30-acre future school site, open space, and a spine trail with an underpass at Erie Parkway. Environmental Services Director David Frank discussed oil and gas issues: the nearby Draco pad (not in Erie jurisdiction) prompted voluntary concessions from the developer—they will not seek certificates of occupancy for lots within 2,000 feet of the pad until three years after permit issuance or until production begins. The developer, Southern Land Company, has committed to disclosure and advocacy. The school site has potential undermining from the Eagle Mine, requiring further analysis. Staff recommended approval. Applicant John Prestwich (PCS Group) and Southern Land representatives presented, highlighting design consistency and community amenities. Public comment was closed with no speakers. Council unanimously approved the resolution (roll call 7-0).

Staff Reports

• Work Plan Quarterly Report – Q2 2024 (Information Only)
  • The report was listed as an attachment but the link was not functional for some council members. Staff indicated the work plan is progressing well. No action taken.

Council Member Reports and Announcements

• Councilor Sawish reminded residents of the Erie Hot Air Balloon Launch (July 12-14, 6-8 a.m. at County Road 5 and Colliers Parkway) and the Balloon Glow (July 13, 7:30-9:30 p.m. at Erie Parkway and County Line). Also noted the Police Youth Academy is full.
• Councilor Baer mentioned the ongoing medallion search and expressed concern about the Draco pad application before the state, advocating for involvement in ECMC's cumulative impacts rulemaking. She thanked Parks and Rec for the July 4 fireworks.
• Councilor Hoback clarified that the Open Space Advisory Board was advised not to pursue acquisition of the 111th and Arapahoe property due to the appearance of a conflict of interest following the denial of rezoning.
• Councilor Bell reminded residents of upcoming Concerts in the Park (July 20: Chris Daniels and the Kings; August 24: Face Vocal Band). He noted traffic issues near Circle K on Ambrose and requested continued enforcement.
• Mayor Pro Tem Laughlin encouraged attendance at Thursday night farmers markets and requested a comprehensive plan update at a future study session. She also suggested informal “Coffee with Council” events to improve public engagement on the comp plan.
• Mayor Brooks commended the lack of public complaints about fireworks traffic this year and urged residents to check the Elevate Erie website for comprehensive plan information. He noted a comp plan overview is scheduled for August 27.

Key Outcomes

• Consent Agenda (except 24-341): Approved 7-0 (roll call).
• Resolution 24-107 (Redtail Ranch Findings): Amended language adopted 6-1 (Councilor Sawish dissenting).
• Resolution 24-104 (Westerly Preliminary Plat No. 3): Approved 7-0 (roll call).
• Draft Ballot Language for Marijuana Excise Tax: Reviewed; final language to be presented for adoption on July 23, 2024.
• Municipal Court Update: Noted Judge Ablao will not seek reappointment; process for replacement to begin.
• Next Steps: The marijuana ordinance will go to Planning Commission in August; the comprehensive plan public hearing is scheduled for October.