Lafayette and Erie come to an agreement, gasp!
Digging in on details
The video of the neighborhood meeting is now available for your viewing pleasure.
Phil Kleisler from our planning department gave me a heads-up that it was online on the 26th. I noticed it was only 30 minutes long although the meeting was at least 60. Hmmm. I checked back with Phil and he told me “It looks like our team caught that too and has already reached out to Kensington with that same question” On Dec 30th he let me know the full video is now available. Happy viewing!
Now let’s get back to the story I began in Deep Diving at 287 and Arapahoe!
I ended my tale with new city administrators in Lafayette and Erie. Could they begin to repair the relationship between the two communities?
THE GLOBAL AGREEMENT
A new Intergovernmental Agreement (IGA) emerged and was finalized on June 4, 2019. There were many issues to resolve, you might be surprised.
TERM AND EFFECTIVE DATE
It is in effect for 10 years and will automatically renew in 2029 “for one additional 10-year term unless, between 180 and 90 days prior to the termination of the initial term, a Party elects not to renew and provides written notice to the other Party of such election.”
ATTORNEY FEES
Lafayette paid the Town of Erie Urban Renewal Authority (TOEURA) $476,500 for attorney fees and costs incurred by Erie and TOEURA in the underlying civil proceedings and the negotiation of the IGA.
OTHER ISSUES RESOLVED
Property access for Nine Mile Corner from 287 and Erie’s Parkdale development on Baseline plus issues with Lafayette’s water reclamation plant on County Line Rd.
Without going into major details Lafayette had some sway over these two access points. Erie had requests for odor control and screening at the water reclamation plant and wanted Lafayette to pay for any improvements to County Line Rd after it was closed at Baseline. It also resolved a minor annexation issue related to plant access requiring disconnecting a section of County Line Rd. from Erie and connecting it to Lafayette.
Lafayette’s design and construction for a water reuse main from the water reclamation plant was to go west across Erie’s Parkdale development and then north to the Goose Haven Reservoir on 287. Erie agreed to cooperate with the plans barring any expense.
INTERSECTION IMPROVEMENTS AT 119TH AND BASELINE
“The Parties agree that Erie will be responsible for 25% of the total cost of any future intersection improvements that are required to the intersection of North 119th Street and State Highway 7, including without limitation, traffic signals and additional lanes as may be necessary to the intersection, at such time as improvement is required. The total costs shall include all costs to design and construct the intersection improvements, including right-of-way acquisition, regardless of the source of the funding for such costs. The Parties acknowledge that the currently anticipated total cost is between $10,000,000 and $12,000,000. Such improvements shall be scheduled by Lafayette in consultation with Erie.”
If you’ve driven east on Baseline you know these improvements are underway.
BUFFER FOR BEACON HILL
A conservation easement provided a 150-foot buffer for Beacon Hill with associated landscaping. Screening of rooftop mechanical equipment within 350 feet of the easement was required.
A WATER TANK FOR ERIE
The IGA says “A water tank necessary and designed to provide fire flows to the Nine Mile Property shall be allowed to be located above ground or underground in the Easement Area. Any facilities that are appurtenant to the water tank, such as pumps, pump stations and equipment, shall not be located within the Easement Area, unless located underground. The highest point of the water tank shall not exceed the highest point of the finish grading of the Easement Area. The determination of whether the water tank will be located above ground or underground shall be made as part of the land use approval process for the Nine Mile Property, and as such, will be solely within Erie's discretion. However, if Lafayette is willing and able to accommodate the fire flows necessary for the Nine Mile Property without the necessity of the on-site water tank and at a lower cost to Erie and the developer of the Nine Mile Property, then the on-site water tank shall not be permitted in the Easement Area.”
WATER TANK LAND SWAP?
There was originally talk of a land swap on the Tebo property to provide a location for the water tank.
The land at the corner of Tebo where all the wildlife hangs out—that so many people are concerned about protecting—is currently in Erie. Nothing is simple, right? When I write the post showing the project’s progress you’ll see in the first set of plans a Water Tank Park in the southwest corner (it’s ok to laugh and roll your eyes here). Discussions occurred regarding a potential land swap of these two areas to allow Erie to build their water tank on Tebo. In the second set of plans that park was gone. When I asked why I was told Erie didn’t need the tank and it was out of the plans. Could it still happen? I don’t know.
OIL AND GAS WELL ON TEBO
Erie owns the oil and gas well on Tebo. I believe it was purchased during the ongoing conflict over Nine Mile Corner. Yes, another entry in the history book. I forgot about this in my previous report. The agreement covers the closure and abandonment of the well.
THE AREAS OF INFLUENCE AND POTENTIAL ANNEXATIONS
Once more a line on the map determines what is in Erie’s area of influence and what is in Lafayette’s regarding possible annexations. This will be in effect until 2029. Unless one of the municipalities decides to leave the IGA it will automatically renew for another 10 years. If not renewed in four years we face the same issues as before with land in unincorporated Boulder County up for annexation by either municipality.
Lafayette and Erie agree to notify the other if they are approached for an annexation in the other party’s area of influence.
Here’s the map
The rural Stonehenge neighborhood falls into Erie’s area. Then the line jogs around Tebo for Lafayette, around Nine Mile Corner for Erie, down Arapahoe to 119th, down 119th to Baseline, along Baseline, and jigs around Lafayette’s water reclamation plant at County Line Rd.
REVENUE SHARING - THE FINAL DETAIL
A revenue-sharing agreement covers Nine Mile Corner and the Tebo property on the southwest corner of Arapahoe and 287. It deserves your full attention so I’ll cover it in my next post. Stay tuned!
Since I am writing this on New Year’s Eve day, I’ll wish you all a Happy New Year and see you back here in 2025! I know a riveting video you could watch to ring in the New Year.
Want to offer more support? Awesome!
Thanks for all your work, Karen. Really appreciate your commitment to getting the whole history out there for context.
Thanks Karen, I was just trying to lookup annexation issues @ 287 & Arapahoe after last weeks Council meeting. You gave me the answer I was looking for.