Erie Town Council Meeting - August 27, 2024

The Town of Erie Town Council met on Tuesday, August 27, 2024, at 6:31 PM in Council Chambers. The meeting included a consent agenda, public comment, three resolutions on ballot initiatives, a comprehensive plan update with a fiscal analysis, a discussion on a regional homelessness working group, and council member reports.

Consent Calendar

• Approval of the August 13, 2024, Town Council Meeting Minutes (24-409)
• Approval of the August 16, 2024, Town Council Special Meeting Minutes (24-410)
• Resolution 24-118: Approving a construction contract with Goodland Construction Inc. for the Downtown Infrastructure Improvement Project
• Resolution 24-340: Approving assignment of the Town's 2024 Private Activity Bond Allocation to Colorado Housing and Finance Authority for the Spine Road Affordable Apartments
• Resolution 24-356: Approving amendment to professional services agreement with Kimley-Horn for the Coal Creek Trail Airport Taxiway Crossing Project
• Resolution 24-357: Approving amendment to professional services agreement with Kimley-Horn for Trail Planning and Concept Design for the Erie Sunset Area
• Resolution 24-373: Approving professional services agreement with RockSol Consulting Group for Trail Design for Reach 2 of the Coal Creek Restoration Project
• Resolution 24-387: Authorizing the Town to opt into and execute additional CWCB loan under the Windy Gap Firming Project Allotment Contract
• Resolution 24-124: Approving Fourth Amendment to the Construction Manager at Risk Contract with Fransen Pittman Construction for the Town Hall Expansion Project
• Resolution 24-123: Approving Third Amendment to Agreement for Services with KG Facility Solutions, Inc.
• Resolution 24-122: Approving a Development Agreement and accepting dedications for the Westerly Filing No. 3 Subdivision Final Plat

Public Comments

• John Mortalero (Erie resident) spoke during public comment, expressing concern about the proposed density increases in the updated Comprehensive Plan. He noted that medium density would increase from 12 units per acre to 18 (a 50% increase) and could go to 22.5 units per acre with a 25% affordable housing bonus, which is higher than the current high density of 20 units per acre. High density would increase from 20 to 30 units per acre (50% increase) and up to 37.5 with the bonus. He requested that these changes be clearly noted in the plan materials and that the density categories be labeled as "medium density, high density, and ultra-high density" for transparency.

Discussion Items

Resolutions on RTD Ballot Issue and Property Tax Initiatives

• Town Manager Malcolm Fleming introduced three resolutions: (1) urging voters to support RTD's de-Brucing ballot issue (number not yet assigned) at the November 5, 2024 election; (2) opposing Initiative Measure 2023-24 #50 (voter approval for retention of additional property tax revenue); and (3) opposing Initiative Measure 2023-24 #108 (concerning valuation for assessment of all taxable property).
• Council members expressed support for the RTD resolution, acknowledging the need for RTD to retain revenue to improve service. Councilor Bell emphasized that Erie residents pay far more into RTD than they receive in service, and that the resolution should be paired with expectations for accountability and return on investment. Councilor Bear noted that the message of trust was conveyed at a recent summit.
• Regarding Initiatives 50 and 108, Council members generally opposed them, citing potential severe cuts to services for vulnerable populations and disruption to municipal revenue projections. Councilor Bell suggested waiting to see if the initiatives would be withdrawn during the state special session, but ultimately supported the resolutions. The resolutions passed unanimously.

Comprehensive Plan Update

• Planning staff (Josh Campbell, Keely Gaston, Kelly Driscoll, Sarah Nurmela) and consultant Kevin Shepherd (Verdunity) presented the draft Comprehensive Plan, including the future land use map and fiscal analysis.
• Process & Engagement: Since fall 2022, the town has conducted four phases of public engagement, including online surveys, in-person events, and meetings with advisory committees. The current phase (Phase 4) features a public review period with open houses on August 28 and August 29, 2024.
• Future Land Use Map: Three scenarios (A: status quo, B: commercial/employment growth, C: mixed-use neighborhood centers) were presented. The draft preferred scenario is a hybrid of B and C, with some elements of A. New land use classifications include residential densities (low density 2-8 du/ac, medium 8-18 du/ac, high 18-30 du/ac) with a 25% density bonus for affordable housing. The map projects 27,000-30,000 total housing units and 73,000-80,000 residents by 2050-2055.
• Fiscal Analysis (Kevin Shepherd): The analysis focused on property tax, general fund costs, and street infrastructure. Key findings: Erie's general fund relies only 11% on property tax, with heavy reliance on sales tax (volatile). The current street replacement liability is estimated at $300 million, requiring roughly $12 million per year over 25 years. The preferred development scenario reduces the average cost per household from over $6,000 to about $4,400, but still shows a deficit. Recommendations include updating development standards to encourage fiscally productive patterns (e.g., smaller lots, grid streets, mixed-use infill), prioritizing infill, and conducting fiscal impact analyses for new developments.
• Council members asked questions about annexation, metro district structures, infill potential, and the relationship between the comp plan and the Unified Development Code (UDC). Staff clarified that the comp plan is a policy document and that UDC updates would follow.

Regional Working Group on Homelessness

• Planning and Development Director Sarah Nurmela presented the item, noting that the Boulder County–convened working group had its inaugural meeting. The county requested elected officials to participate to provide decision-making authority. Council confirmed that any representative could speak to existing policy but would need to return to the council for commitments involving funding or regional agreements.
• Police Chief Lee Mathis reported that Erie typically sees 1-5 homeless individuals per day, with most being transient and directed to services in Boulder or Longmont. The town does not have visible encampments but has an "invisible" population of those couch-surfing or in cars. Council agreed to support continued participation.

Key Outcomes

• Resolutions passed unanimously:
  • Supporting RTD's de-Brucing ballot measure.
  • Opposing Initiatives 50 and 108.
• Comprehensive Plan: The draft plan is under public review until mid-September 2024. Two open houses are scheduled (August 28 at Coal Creek Park, August 29 at Erie Middle School, both 5-7 PM). Final adoption hearings are planned for fall 2024. Staff will incorporate public feedback and prepare final chapters.
• Homelessness Working Group: Council will designate an elected official (Mayor Brooks) to attend the next meeting on September 18, 2024. Staff will draft a summary of Erie's existing policies.
• Council Member Reports: Included announcements about the Starburst Award for Coal Creek Park, a Weld County CDBG grant for housing rehabilitation, youth council formation, and pedestrian safety reminders. The meeting adjourned to executive session at the end.