SUBJECT: Resolutions
Title
PUBLIC HEARING: A Resolution Of The Board Of Trustees Of The Town Of Erie Approving An Intergovernmental Agreement With The City Of Lafayette And The Town Of Erie Urban Renewal Authority
Body
DEPARTMENTS: Administration and Legal
PRESENTERS:
• Malcolm Fleming, Erie Town Administrator
• Kendra Carberry, Town Attorney
TIME ESTIMATE: 60 Minutes
only required for non-consent items
FISCAL INFORMATION: N/A
Cost as Recommended:
Balance Available:
Budget Line Item Number:
New Appropriation Required:
STAFF RECOMMENDATION:
Recommendation
Approve Resolution
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The Town of Erie, the City of Lafayette, and the Town of Erie Urban Renewal Authority engaged in litigation concerning the Nine Mile property. Additionally, the Town of Erie and the City of Lafayette are currently involved in administrative proceedings concerning State Highway access permits on State Highway 287 and State Highway 7. State law, specifically C.R.S § 29-20-101, et seq., as amended, enables Erie to enter into intergovernmental agreements with other governments to cooperate and contact one another for the purpose of planning and regulating the development of land by means of a comprehensive development plan. The attached Intergovernmental Agreement (IGA) provides a more comprehensive resolution to matters raised in the legal proceedings associated with in this matter while encouraging the natural and well-ordered future development of Erie and Lafayette.
A key provision in the IGA is the proposal to share on a 50/50 basis the tax revenue and any costs to incentivize development on both the Nine Mile site (referred to in the IGA as the “Erie Development Parcel” and the property on the SW corner of SH 287 and Arapahoe Road (referred to in the IGA as the “Lafayette Development Parcel”).
The proposed IGA also includes a provision that unless Erie and Lafayette mutually agree on an alternative approach, both Erie and Lafayette agree not to provide any form of incentive for a second anchor tenant on their respective Development Parcel until a first anchor tenant is irrevocably committed to locating on the Development Parcel in the other jurisdiction.
As noted in the IGA, there are numerous benefits associated with sharing revenue and costs associated with incentivizing development as proposed, including:
• More effectively achieving the highest and best development potential for the area, which will maximize the private property values and public tax revenue generated by the area
• A more diversified portfolio of tax generating properties that is less subject to economic variability that could otherwise affect the Parties individually
• Reducing the need to offer incentives to achieve the same public benefits associated with location of businesses in the area
• More effectively planning the area to optimize success of retail sites and foster higher functioning transit oriented development ("TOD")
• Identifying other actions that mutually benefit the Parties in a way that would be impossible without collaboration.
Other notable provisions in the IGA include:
• Settling the current litigation, including payment of Erie’s legal fees and costs.
• “Influence Areas” within which both jurisdictions agree to cooperate on annexations.
• Granting to Lafayette a conservation easement on the southernmost 150’ portion of the Erie Development Parcel.
• Cooperation on providing fire flow (water service with sufficient pressure and volume for fire-fighting purposes) to the Erie Development Parcel.
• Lafayette’s agreement to support CDOT granting Erie a three-quarter movement intersection to access the Erie Development Parcel.
• Lafayette’s agreement to issue the access permit for the Parkdale development on State Highway 7, and to close the intersection at State Highway 7 and County Line Road (with the properties currently served by the latter intersection having access through the intersection planned for the Parkdale development).
• Regarding Lafayette’s Water Reclamation Plant, agreement on odor control, visual screening, water rights impacts, and financial responsibility for access to the Plant.
ATTACHMENTS:
1. Resolution approving an Intergovernmental Agreement with the City of Lafayette and the Town of Erie Urban Renewal Authority
2. Erie/Lafayette/TOEURA Intergovernmental Agreement