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Record of Proceedings

Erie Town Council Meeting - August 13, 2024: Urban Renewal Plan, SEP Agreement, and Parkdale PD Amendment Approved

Town Council — Tuesday, August 13, 2024
BodyErie, Colorado
SessionTown Council
DateTuesday, August 13, 2024
StatusFILED
Video Record
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Transcript — Verbatim
1:05

Good evening.

1:06

Today is Tuesday, August 13th.

1:09

The time is six thirty six PM.

1:12

Um I am calling our meeting to order.

1:17

Um agenda is taking a moment.

1:21

Pledge of allegiance first, yes.

1:58

Councillor Hoback.

2:40

Um, to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations and an and or instruct negotiators pursuant to CRS twenty four six dash four two four E.

2:52

And that is regarding my contract with the town.

1:02:03

So move.

1:02:05

Second.

1:02:07

Um do we need um show of hands.

1:02:14

Oh, sure.

1:02:15

Okay.

1:02:15

I'm sorry.

1:02:16

That's unanimously, thank you.

1:02:19

Um the consent agenda, do I have a motion to approve the consent agenda?

1:02:25

So moved.

1:02:27

Second.

1:02:28

And I think we need a roll claw for that one.

1:02:31

You don't need any more.

1:02:32

Oh, okay.

1:02:33

Now that your homeworld could show of hands on consent agenda.

1:02:39

Passes unanimously.

1:02:40

Thank you.

1:02:41

Thank you.

1:02:42

So you can, thank you.

1:02:48

Okay.

1:02:49

Moving right along.

1:02:54

It is now time for the public comment portion of our meeting.

1:02:59

Um please remember 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.

1:03:09

Public comment is an opportunity to discuss items that are not on the agenda or consent agenda items only.

1:03:15

If you are joining virtually and would like to speak, please use the raise hand feature in the webinar control panel.

1:03:21

If you're using the phone, please press star nine.

1:03:25

If you're here in person, please sign up in the back of the room and come to the podium when your name is called.

1:03:29

When called, please state your full name and address for the record.

1:03:32

Public comment is limited to three three minutes per person.

1:03:36

You will be given a twenty-second warning when your three minutes are almost up.

1:03:40

At the three-minute mark, I will ask you to wrap up your final sentence and mute your microphone, and you may resume watching or the meeting or return to your seat.

1:03:54

Do we have folks signed up for public comment?

1:03:57

Uh we do not.

1:03:58

We do not have anyone online, and we do not have anyone signed up in the room.

1:04:02

Well, okay.

1:04:04

Next up, we have need to close agenda item twenty-four-three three uh resolution of the town council of the town of Erie approving a third-party supplemental environmental project agreement proposal with the Colorado Department of Public Health and Environment.

1:04:21

Mr.

1:04:21

Fessenden.

1:04:23

Yes.

1:04:23

Um can you hear me okay?

1:04:26

Thank you, Mayor Pro Tem Lawlin and Counselors Todd Fesson and Utilities Director.

1:04:31

Um this is a topic that we've apprised you on maybe a couple times throughout the years.

1:04:37

Uh when I came to work for the town, we were currently exceeding copper at our wastewater treatment plant, dissolved copper.

1:04:45

Um we immediately began working on that issue.

1:04:49

Copper comes from the drinking water side of the of the equation, um, but it is regulated at the wastewater treatment plant.

1:04:56

So um our limit, we questioned our our actual limit.

1:05:02

I was pretty shocked to find out what it was at the time.

1:05:04

So we started asking the health department to provide us with uh um calculations for how they arrived at that number, and after a couple years of asking, they told us that they didn't have that information for us.

1:05:16

Um and but that we couldn't get our permit amended because our permit is currently what they call administration uh administratively extended.

1:05:26

So when your permit is good for five years, our permit expired in 2016, and um they have not been able to renew it since.

1:05:36

So it just gets extended.

1:05:37

So it's literally been extended for like eight years now, and but they won't review or modify a permit while it's administratively extended.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████49%
Urban Renewal███████████████████21%
Water And Wastewater Management██████7%
Environmental Protection██████7%
Education███3%
Planning And Development███3%
Public Safety███3%
Legal Affairs██2%
Oil And Gas Regulation██2%
Summary of Proceedings

Erie Town Council Meeting - August 13, 2024

The Town Council of Erie met on Tuesday, August 13, 2024, at 6:30 PM in Council Chambers. The meeting included a consent agenda, two public hearings, and a unanimous vote to enter executive session regarding water court litigation. Key actions included approval of a supplemental environmental project (SEP) agreement with CDPHE, adoption of the Erie Gateway Phase 1 Urban Renewal Plan, and a minor amendment to the Parkdale Masters Planned Development to allow duplexes.

Consent Calendar

  • Approved the July 23, 2024 Town Council meeting minutes.
  • Approved Resolution No. 24-112 for the First Amendment to the Development Agreement for Summerfield Filing No. 1.
  • Approved Resolution No. 24-115 for an agreement with Metro Pavers, Inc. for Erie Parkway Asphalt Repair.
  • Approved a proclamation for Hazardous Materials Recycling.
  • Approved Resolution No. 24-120 for Intergovernmental Agreements with Boulder County and Weld County for the November 5, 2024 coordinated election.
  • Approved a Letter of Support for Saint Vrain Valley School District 2024 Bond Measure.

Public Comments & Testimony

  • No public comments were made during the meeting. No one signed up in person or online for either the non-agenda public comment period or the two public hearings.

Discussion Items

  • Supplemental Environmental Project (SEP) Agreement with CDPHE (Resolution 24-113):

    • Utilities Director Todd Fessenden and Sustainability Manager Eryka Thorley presented a proposal to resolve a copper discharge violation at the wastewater treatment plant. The town faced an $85,000 penalty (about one-third to one-quarter of typical fines) for exceeding the copper limit of 5.9 parts per billion. The violation was resolved by raising the pH at the water treatment plant. Instead of paying the fine to CDPHE, the town proposed a third-party SEP with EcoCycle to fund the Green Star Schools program, which implements composting and zero-waste kits in schools. The program will initially enroll Meadow Lark Elementary (Boulder Valley) and up to five additional schools in Broomfield, with a third tier for Adams 12 schools. Erie schools (St. Vrain Valley) were not yet ready due to staffing shortages but may participate later. The proposal uses $85,000 in penalty funds, split between water and wastewater budgets. The SEP administrator will be EcoCycle, which will handle all reporting. The agreement was approved unanimously.

  • Erie Gateway Phase 1 Urban Renewal Plan (Resolution 24-114):

    • Economic Development Director Julian Jacquin presented the plan, which covers approximately 1,100 acres and 500 parcels in northeast Erie, adjacent to I-25. The area is largely undeveloped with no existing infrastructure. The plan finds the area blighted based on six of 11 statutory factors. Tax increment financing (TIF) agreements were executed with all nine impacted taxing entities: Town of Erie, Weld County, St. Vrain Valley School District, Mountain View Fire Protection District, Frederick-Firestone Fire Protection District, High Plains Library District, Northern Colorado Water, and two metro districts (Summerfield and North Station). The TIF is projected to generate up to $180 million over 25 years from incremental property and sales tax, to be used for infrastructure improvements (sewer, stormwater, roads). The plan allows for up to 3,000 residential units and 680,000 square feet of commercial space. The URA will not have eminent domain authority; any condemnation would require the Town Council to initiate. The public hearing was opened and closed with no public comment. Council members expressed strong support for the plan, noting it had been in development for over six years. The resolution was approved unanimously.

  • Parkdale Masters Property PD Development Plan Amendment No. 1 (Ordinance 32-2024):

    • Senior Planner Harry Brennan presented the request to add duplexes as a permitted use in the 18-acre Parkdale Masters PD, located north of Highway 7 and west of Colcreek Boulevard. The change does not increase density or the number of units (still 94 alley-loaded homes); it simply allows paired homes on some lots by combining two single-family lots into one duplex. The only setback change is to permit a zero-foot setback on the shared wall. The final plat and construction documents remain unchanged. The Planning Commission recommended approval (5-0). The applicant, John Prestwich of PCS Group, explained that a new builder requested the option to offer both single-family and duplex products. The public hearing was opened and closed with no public comment. Council asked clarifying questions and approved the ordinance unanimously.

Key Outcomes

  • Resolution 24-113 (SEP Agreement): Approved unanimously. The town will sign the agreement with CDPHE, conduct a 30-day public notice, and then return to council for a compliance consent order, expected in September–October 2024.
  • Resolution 24-114 (Erie Gateway Phase 1 URA): Approved unanimously. The plan is now formally adopted, and the URA can begin capturing TIF revenue to fund infrastructure.
  • Ordinance 32-2024 (Parkdale PD Amendment): Approved unanimously. The PD is amended to allow duplexes as a permitted use.
  • Executive Session: The council voted unanimously to enter executive session to consult with water counsel regarding pending water court litigation, pursuant to C.R.S. § 24-6-402(4)(b) and (e). The agenda item originally had a typo referencing "oil and gas counsel," which was corrected during the meeting.

Meeting Transcript

Good evening. Today is Tuesday, August 13th. The time is six thirty six PM. Um I am calling our meeting to order. Um agenda is taking a moment. Pledge of allegiance first, yes. Councillor Hoback. Um, to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations and an and or instruct negotiators pursuant to CRS twenty four six dash four two four E. And that is regarding my contract with the town. So move. Second. Um do we need um show of hands. Oh, sure. Okay. I'm sorry. That's unanimously, thank you. Um the consent agenda, do I have a motion to approve the consent agenda? So moved. Second. And I think we need a roll claw for that one. You don't need any more. Oh, okay. Now that your homeworld could show of hands on consent agenda. Passes unanimously. Thank you. Thank you. So you can, thank you. Okay. Moving right along. It is now time for the public comment portion of our meeting. Um please remember 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 is an opportunity to discuss items that are not on the agenda or consent agenda items only. If you are joining virtually and would like to speak, please use the raise hand feature in the webinar control panel. If you're using the phone, please press star nine. If you're here in person, please sign up in the back of the room and come to the podium when your name is called. When called, please state your full name and address for the record. Public comment is limited to three three minutes per person. You will be given a twenty-second warning when your three minutes are almost up. At the three-minute mark, I will ask you to wrap up your final sentence and mute your microphone, and you may resume watching or the meeting or return to your seat. Do we have folks signed up for public comment? Uh we do not. We do not have anyone online, and we do not have anyone signed up in the room. Well, okay. Next up, we have need to close agenda item twenty-four-three three uh resolution of the town council of the town of Erie approving a third-party supplemental environmental project agreement proposal with the Colorado Department of Public Health and Environment. Mr. Fessenden. Yes. Um can you hear me okay? Thank you, Mayor Pro Tem Lawlin and Counselors Todd Fesson and Utilities Director. Um this is a topic that we've apprised you on maybe a couple times throughout the years.

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