Erie Town Council Meeting - April 8, 2025

The Erie Town Council met on Tuesday, April 8, 2025, at 6:30 PM in Council Chambers. Mayor Pro Tem Brandon Bell presided in the absence of Mayor Moore. The council approved the consent agenda, heard public comments, and conducted general business, including the appointment of a new municipal judge, approval of a co-responder agreement, a major water treatment facility design contract, sustainability board updates, and presentations from the Erie Chamber of Commerce and the Erie EDC. The meeting also included a contentious public hearing on the authorization of a service fee for Erie Highlands Metropolitan Districts 1 and 2.

Consent Calendar

• Approved the March 25, 2025 Town Council Meeting Minutes (25-129).
• Approved the April 1, 2025 Council Meeting Minutes (25-240).
• Adopted Resolution 25-036 accepting dedications for Erie Four Corners Subdivision Filing No. 1, Amendment No. 3.
• Adopted Resolution 25-037 accepting dedications and approving development and maintenance agreements for Erie Town Center Final Plat.
• Approved Resolution 25-061 approving a Master Services Purchasing Agreement with Axon Enterprises for body-worn cameras.
• Approved Resolution 25-052 approving consent to assignment of a development agreement from Clayton Properties to TH Erie Highlands, LLC. This item was originally on the agenda but was pulled by staff before the meeting and was not considered.
• Approved Resolution 25-054 approving the Regional Bikeshare Memorandum of Understanding.
• Approved Resolution 25-055 approving an IGA with CDOT for State Highway 52 Intersection Improvements.
• Approved Resolution 25-058 approving a professional services agreement with Kimley Horn for Highway 52/WCR 7 Drainage Analysis.
• Approved Ordinance 012-2025 establishing procedures for disconnection of property from the town and disconnecting town-owned property at SW Corner of State Highway 287 and Arapahoe Road.

Public Comments & Testimony

• Dennis Crooks (resident, Piney Creek Lane) urged the council to postpone approval of item 25-241 (Erie Highlands fee) because residents were not adequately informed about metro district meetings where the fee was discussed, citing lack of notification and poor attendance.
• Joey Krings (resident, Morgan Hill) advocated for the town to use $300,000 paid in lieu of park development to create a neighborhood park in Morgan Hill, emphasizing the need for recreational space for children and community events.
• Public Comment on 25-241 (Erie Highlands Fee): Multiple residents expressed concerns about the fee imposition process and lack of community engagement.
  • Jim Davis (Erie Highlands resident) asked the council not to approve the fee, stating that the budget process was opaque, that only about eight homeowners attended a recent board meeting, and that the fee appeared to be based on "spitball" estimates.
  • Josh Wall (Erie Highlands resident, board member) supported the fee authority, detailing the lengthy and difficult negotiation with Oakwood and emphasizing that the resident-led boards unanimously approved the settlement. He noted that the fee is a maximum amount and that boards would set the actual amount after public input.
  • Tony Phileas (Erie Highlands resident) expressed concerns about meeting notification, claiming the district did not comply with 2022 state notification rules and that public attendance was minimal. He also raised procedural issues about the district's governance.

Discussion Items

• Appointment of Municipal Judge: Danielle Trujillo, Court Administrator, presented Resolution 25-057 to appoint Amanda Bailhache as municipal judge. Judge Bailhache was selected from three candidates interviewed in February. Councilmember Bear praised her qualifications. The council unanimously approved the appointment, and Judge Bailhache was sworn in.

• Co-Responder IGA with Boulder County: Police Chief Lee Mathis presented Resolution 25-022 approving an amendment to a five-year IGA with Boulder County for two dedicated co-responders. The amendment adjusts for salary increases. Chief Mathis noted a 30% increase in calls for service in 2023 and emphasized the program's vital role. Councilmember Holler asked about the rationale for outsourcing; Chief Mathis explained that Erie lacks the resources for its own program, and the county supports full-time co-responders in Erie. Councilmember Bear asked for a typical call example; Chief Mathis described responding to mental health crises. Council unanimously approved the resolution.

• North Water Treatment Facility Design (Resolution 25-027): Town Manager Malcolm Fleming presented a resolution to approve a second amendment to the professional services agreement with Burns & McDonnell for design of the North Water Treatment Facility. Brett Pugh of Burns & McDonnell presented details: the plant will have 6.6 million gallons per day capacity initially, expandable to 20 MGD. It will use reverse osmosis to treat Boulder Creek water with high total dissolved solids, requiring deep-well injection for brine disposal. The project is part of a larger infrastructure plan including a raw water reservoir and storage tanks. The design contract is just under $7 million with a $600,000 contingency. Council had extensive questions about costs, technology, project schedule, and alternative treatments. Some members (Councilmember Mortalaro, O'Connor, Bell) expressed concerns about costs and suggested delaying after a discussion on potential cost overruns and the need for public engagement. However, after a roll call vote, the resolution passed 5-0.

• Sustainability Advisory Board Ordinance (Ordinance 011-2025): Sustainability Manager Eryka Thorley and Interim Board Chair Karen Winkler presented updates to the 2018 ordinance. The changes transition the board from a primary role in updating the Sustainability Plan to an advisory role, aligning it with other boards. Thorley emphasized the board remains involved in the plan update. Councilmember O'Connor expressed confidence that her prior concerns about advisory involvement were addressed. The council unanimously approved the ordinance.

• Erie Chamber of Commerce 2025 Action Plan: Executive Director Pat Vero presented the chamber's activities, including the Erie Town Fair (May 17), Balloon Festival (July 11-13), Concert in the Park (Aug 23), Brewfest, Parade of Lights (Dec 5), and Dave Stone scholarships. She detailed attendance projections (e.g., 15,000 for the town fair) and town funding ($84,325 total). Councilmembers praised the events and discussed logistics, including safety and communication with local businesses. Councilmember Hoback asked about the distinction from community grants; staff noted tradition and economic development focus.

• Erie EDC 2025 Action Plan: Kelly Block and Victoria Meyer presented the EDC's mission and 2025 plans. They highlighted the microgrant program (awarding $8,980 in 2024, now quarterly), the downtown discount card, and financial summaries: 2024 income $97,008.08 (town support $61,323.32); proposed 2025 budget $93,000 with $63,000 town support. They expressed a need for better communication from the town to small businesses, especially regarding construction impacts. Councilmembers praised the EDC's work and discussed collaboration, tariffs, and support for local businesses.

• Erie Highlands Metropolitan Districts 1 & 2 Service and Facility Fee (Resolution 25-067): Jeff Erb, general counsel for Erie Highlands MD No. 1, presented a resolution to authorize the districts to impose a fee (maximum $636/year) for up to five years to fund operations and maintenance. The fee would be used for clubhouse and pool repairs and addressing deferred maintenance. Public comment raised concerns about notification and transparency. Councilmember Mortalaro expressed concerns about the fee amount and lack of resident engagement, suggesting a delay. Councilmember Hoback supported the fee, emphasizing the work of the resident boards and the need for funds. Councilmember Bell acknowledged the difficulty but noted the boards are resident-elected. After legal advice clarifying that the town is only authorizing the ability, not imposing the fee, the council approved the resolution.

Key Outcomes

• Approved Resolution 25-057 appointing Amanda Bailhache as Municipal Judge (unanimous).
• Approved Resolution 25-022 amending the Co-Responder IGA with Boulder County (unanimous).
• Approved Resolution 25-027 authorizing the North Water Treatment Facility design contract (approved by roll call vote: voting yes: O'Connor, Bell, Bear, Mortalaro, Hoback; Profemelli also yes).
• Approved Ordinance 011-2025 updating the Sustainability Advisory Board (unanimous).
• Approved Resolution 25-067 authorizing Erie Highlands MDs 1 & 2 to impose a service fee (unanimous on voice vote).
• Scheduled a public hearing for Parkdale North PD Amendment and Preliminary Plat No. 4 on April 22, 2025 (moved up from May 27).
• Council expressed consensus to oppose SB 25-002 (regional building codes) and will communicate this to Representative Wug.
• Confirmed attendance at the Arbor Day/Earth Day event on April 26, 2025.

Council Reports & Announcements

• Councilmember Hoback announced an opening on the Sustainability Advisory Board.
• Councilmember Mortalaro congratulated EPD for raising $8,900 for Special Olympics, exceeding its $5,000 goal, and noted the Boulder Polar Plunge surpassed its $85,000 goal.
• Councilmember Bear reported attending the I-25 Coalition meeting and planned a trip to Washington, D.C. with the NW Mayors & Commissioners coalition to advocate for federal transportation funds.
• Councilmember O'Connor promoted the Arbor Day/Earth Day event on April 26 and the school tree planting program.
• Councilmember Profemelli attended a Consortium of Cities meeting on sustainability.

Adjournment

The meeting adjourned at approximately 8:35 PM.