Planning Commission - Regular Meeting

Good evening, and welcome to the 05/06/2026 regular meeting of the Town of Erie Planning Commission. The time is now 06:31PM, and I'm calling this meeting to order. Please join me for the Pledge of Allegiance.

I pledge allegiance to the flag

of The United States Of America,

to the flag for which it stands, of one nation under God, indivisible, liberty and justice for all.

Will the secretary please call roll?

Commissioner Boots. Here. Commissioner Burns. Yo. Commissioner Drackman is absent and excused. Commissioner Sawish.

Live from town hall.

Commissioner Bayham.

Here.

Vice chair Brodus.

Present.

Chair Hemphill.

Here.

We have a quorum.

Thank you. We have an agenda before us this evening. Does staff have any changes?

No changes.

Do we have who wants to make a motion for tonight's agenda?

Motion to approve. Second.

We have a

motion from Beham, second from Burns. All in favor say aye. Aye. All opposed say no. Motion passes unanimously. This brings us to approval of the 04/01/2026 Planning Commission meeting minutes. We have any changes or request to make a motion?

Motion to approve. Second.

And a motion from Broadus and second from Booth. All in favor say aye. Aye. All opposed say no. Motion passes unanimously. This brings us to the public comments portion of the meeting. This is for public comments intended for items not already scheduled on the agenda to be discussed. Is there anyone in the waiting room signed up or in the audience?

There is

not. That is shocking. Shocking. We have two items on this agenda for general business. Goal is to finish by 08:30. Should be able to do that. And just before we start, just request that everyone speaks into the microphones. The April 1 meeting, there were a few times when I couldn't hear what people were saying. So just make sure we're speaking in the microphone. First item is twenty twenty six two sixty five, a resolution of the Planning Commission of the Town of Erie recommending that the Town Council adopt an ordinance consolidating all provisions of the Erie Municipal Code related penalties and enforcement for code violations. The time is now 06:33PM, and I'll turn it over to Steph.

Good evening, Chair Hemphill, Vice Chair Brodus, and commissioners. Tonight's request is for amendments to Title 10 regarding penalties and enforcement. This amendment is part of a larger change throughout the municipal code to comply with recent state Supreme Court rulings as title 10 falls under the commission's purview. We're bringing this amendment, for your review and recommendation to counsel. So we'll go over the background proposal and decision.

The Colorado Supreme Court issued decisions in December affecting how local governments must structure certain code provisions. To align with these provisions, the town needs to formalize language bringing our municipal code requirements into compliance. The proposed ordinance would repeal and reenact

Chapter 10 of Title 10 enforcement and repeal and reenact Section ten-twelve-seven, permit transfer and inspection. This agenda

proposed item meets approval requirements as set forth in 10 dash seven dash 18. The proposed amendment will promote the public health, safety, and general welfare. The proposed amendment is generally consistent with the town's comprehensive master plan and the stated purposes of the UDC. And the proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions. A neighborhood meeting or public hearing is not required for UDC changes before the Planning Commission and the next steps are that town council will review the ordinance on May 12 staff recommends adoption of resolution p 20 dash o eight a resolution of the Planning Commission of the town of Erie recommending that the town council adopt an ordinance consolidating all provisions of the Erie Municipal Code related to penalties and enforcement for code violations And that concludes my presentation.

And if you have any questions, happy to answer.

Thank you. Time is now 06:35PM. And we'll move to commissioner questions. Again, two questions and go back around. Commissioner Baham? No questions for me. Commissioner Burns? No questions. Let's keep going down the line. With regards to ten twelve seven, that's the oil and gas section, where do those penalties and where do those get moved to, just in general?

So basically, there's no changes. So what they're doing is just trying to bring everything into alignment and into one section of the code. So all of the penalties and enforcement should fall under section one dash four dash four.

Okay. That's what I had. I also saw that in the ordinance that we're removing ten ten two, which is part of ten ten, and then ten fourteen eleven and ten fifteen five. So that's

all I have. Vice Chair Brodyce? No questions?

Commissioner Booth.

I have no questions. Thank you for doing double duty.

Yes. You're welcome.

Commissioner Salish? Yeah. A couple questions. Okay. So this is the state versus campus sentence. What from my understanding, reading what happened was a couple of municipalities had had penalties that were above and beyond what was allowed based on statute. Is that correct?

Yeah. For above the state minimums for criminal. Okay. So even though

I'd correct me if I'm wrong. None of the items related to the UDC are addressed in any of the current ordinance revisions for the actual penalty section, the non criminal criminal. It's all one through seven one through six so there's nothing chapter 10 UDC related in terms of criminal non criminal currently is that correct?

Yeah so UDC would be non criminal so the CAM decision doesn't impact that but the original thing was right we needed to comply with the CAMP decision but then there's a lot of that we saw issues with the whole code that we were trying to consolidate so we just decided to do it as this whole one big

ordinance that included Title 10. Okay. So that's where all the penalties move to now. So if there are specific items that are these monetary penalties? Are these actual serving time penalties generally? Or is it all penalties? We're moving into that now.

Yes. All penalties now are under 144. The goal is because before it's you'd read section five twenty one for example in the code and it would say either look to the general penalty section or it would have a separate penalty section which is really confusing and inconsistent. So now it's the goal is any violation of any part of the code you look at 144 and it encapsulates everything. So if it's monetary penalty, if there's going to be some permits that you know, like permits that'll be revoked, so also code enforcement.

We left a nuisance of and under title five, that's still there. So there's still the nuisance procedures under there and abatement. Abatement. So that, yeah. I know I'm

at two. Can I keep going, Chair? Yep. Now how does this play? Because we're talking about the UDC, which is related to planning and zoning, which were a homeroom municipality, isn't that a now local item? For the most part, isn't planning and zoning per statute, for the most part, provided to the municipality to administer as they would like. So we had an affirmed judgment by the Supreme Court. But now we're talking planning and zoning related. For the most part, do we still have a say in terms of what types of penalties we would like to have for these items? Not us, counsel?

Yes. Yeah. There's still discretion. So we try to keep the discretion there. It's in 144. So we're just if we didn't we don't have language that if it's not enumerated one four four that doesn't mean that there can't be a penalty that town staff, code enforcement, council determines for violations of the UDC specifically.

Okay.

I know it's not UDC but would staff like comments on throng of missiles or should we just keep that? That's all. Thank you.

Any other questions pop up? Alright. Anybody want to make the motion? Motion to approve?

I'll second.

Alright. We have a motion from Sawish and a second from Booth, sorry, For resolution number p two six zero eight, a resolution of the Planning Commission of the town of Erie recommending that the town council adopt a ruin ordinance consolidating all provisions of the Erie Municipal Code related to the penalties and enforcement for code violations. Anybody request a roll call vote? No. All in favor, say aye. Aye. All opposed, say no. Motion passes unanimously. Thank you. Thank you. Change

hands.

Doing my best. Our second item is twenty twenty six, two sixty second, recognition of commissioners Bayham and Burns. So the time is now 06:41PM. And, Steph, do you want to Kelly, do you want to start?

Sure. I don't have, like, a slideshow of fun things that we did together

or anything like that. But I know this is often a thankless job, and you do this as volunteers. And thank you, guys. It a long haul working through the comp plan and all the various cases that you've seen over the last four years. And we, as staff, really appreciate it. We do have certificates here to show that signed by the mayor and our interim town manager. And yeah, if you all have any

words that you would like to say

to your comments.

I'll open the floor to anybody. I have something, but I'll go.

Just a sincere thank you for your efforts. It's most been appreciated. I know I've learned a lot from both of you. So thank you.

I just want to say thanks to everybody for the opportunity. This has definitely been enlightening, not only working with town staff, but commissioners and themselves also. It is a thankless job sometimes, but seeing the impacts around town and the development that's come past in the last four years is just phenomenal. So it's truly rewarding in that aspect and continue to watch it. So

Exactly. It's been nice to see the, I think, the input of the commissioners, but the public as well. Of involved in in how the town is developing because it's clearly a hot topic issue now here and and I think as you guys transition into a little bit less of the big developments and and kind of fine tuning things. It's been an interesting four years, I think, for sure.

As

one of the individuals who voted to appoint you both, thank you for everything that you have done. I know that you've been put into situations that have publicly seen ire against it, that have been testy at the very least. I don't know if you recognize when you initially signed up to interview that you thought that would occur, but you both have done a phenomenal job, especially keeping things afloat when we went through that whole period of a lot of turnover, to say the least. So from the bottom of my heart, thank you. And from for everybody in the town, thank you for everything that you have done.

I I will echo everything that everyone said, and I think it's been a pleasure learning from both of you. I mean, everybody has their own expertise. You guys have a lot of expertise that I've learned from listening to your questions. So thank you for allowing me to learn from you.

And, yeah, same thing. Really appreciate working with you, Kylie. Your architectural input has been really valuable. I there's always some great questions coming out from you. And, Tim, thanks for being chair when I came on and teaching me how to run this. Hopefully, I've done you you well over here. So just appreciate appreciate the time you guys have put in. So any last words? I know

you guys are do a good job.

Yep. Do our best. Looking forward to getting public comment from

you. Sure. I can get my three minutes in. Yeah. Wrap it up. Yeah.

Wrap it up. So, alright. Time is now 06:46PM and we've concluded general business. Go to staff reports.

The next meeting will be

our first meeting for the newly several things on the agenda. Is

that May 20? May 20, yes.

Anyone have any commission reports? Commissioner Salish?

So part of the commission reports are also you know and discussion items. So I would be remiss if I didn't take the opportunity to ask the two individuals who are up here who have spent the past four years. We have two items potentially that we're going to be talking about upcoming with regards on the twentieth and then with the joint study session. So first question that I have for both of you. When we're going to be talking about the fast track prop one two three item, are there any, if you will, closing thoughts or any items that you think if there were one thing that we would want to make sure is addressed or this piece is attended to, is there anything specifically that you would want to have?

I think in regard to the Prop 123 discussion, it's trying to keep the bigger picture is my thought toward that whole process. It's not necessarily about your kind of personal thoughts on the issue, whether it's appropriate, but it's looking at what is in the town's interest. I think sometimes that gets muddled. It's become pretty politicized in the past few years in general. But

what is the best for the town

when we're moving towards this? What is in the best interest financially for the people here, for the quality of life and everything. Always try to consider that. It's more my kind of guiding star versus what my personal thoughts on some of these issues are. So it's just my 2¢, which will not get you a cup of coffee.

Only thing I'd add to that is to find the process, stick to it, give staff the ability to execute and move on. Don't revisit several times. I mean, when you have to go through and and do additional time and additional meetings and everything else, it prolongs the process. And if the motivation is to get housing product to the community and build that community, get that process to where it's pretty well done. Thank

you. And second item of potential discussion is the roles responsibilities and I know when both of you initially joined the commission this was a topic back then even preceding you all so now that it's been four years you've seen how the commission has been many evolutions because of everything that has occurred. Are there things that you wish we could have done differently? Are there things that we went about this item where if we were able to, you would have liked to see this happen? I'm not talking about specific quasi quasi traditional applications.

So I'm saying, like, in terms of how we've been functioning in the past four years, are there things that you see as it'd be nice if we could do this or this would be an improvement to what we have done to date.

Honestly, I'm glad to see that you guys are immediately stepping into the procedural thing in terms of the Robert's roles of procedure. When we started, we just jumped into it. And I really honestly didn't have an idea of procedurally how things were supposed to proceed. We didn't have a lot of onboarding. It looks like they're they're doing a a pretty solid job now of of trying to get everybody onboarded so that you're not having to you guys can deal with the issues as opposed to procedurally, how does this work with the motions and who speaks up when, etcetera.

So I think procedurally, that's something different than when we started. I hadn't seen procedure since college. And that was in a fraternity setting, which was not terribly formal.

Yeah. I guess definition of roles and responsibilities. And when we started, that was pretty much nonexistent. So it took time on our parts to kinda join, I guess, this commission, understand what our true priorities should be, how to review these cases, and and make effective judgments. I think that would be one the biggest thing is to maybe pair the new commissioners with maybe someone from staff. Give an understanding of how the process works, what are the key things, and maybe work through a couple of test cases of how you should approach this. Not to influence decision, but to give them a roadmap of these are the

critical things you need to look at.

Thank you both. And one of the one of the reasons why I wanted to ask you these questions is because you two are the first individuals in four years, a little over four years, that have actually run to your term, and this body has an opportunity to do this. Twelve fifteen commissioners throughout that time plus the two of you. No one not one of them have been able to provide this feedback. So thank you. Thank you. Thank you.

Thank you.

I'm definitely feel like we've left the commission in a better position than we started. Look, it was definitely a little chaotic when we started. Or at least I felt

that way. Yeah, the consistency. I mean, the talent is getting to the mature level that it needs consistency. Without that guidance, not only from this commission but from staff too. It's gonna go whichever way the wind blows. So, and I don't think that's what I appreciate everything that's done to keep continuing and fostering that direction.

Anything else? That's all. Thank you.

Motion to adjourn?

No. Very close. Doctor. Fingel.

I've got two things. One's just a humorous thing, I think, for Tim, that $02 now we no longer have the pennies, is worth a lot of money. And so you may want to change this to your nickels. The other thing is, just to make sure everybody realizes, in this room tomorrow night, going it's to be from 04:30 to 05:30. Congressman Joe DeGuz is going to have a town hall here. And so if you want to do it, you do need a ticket. So you just have to sign up. And if you need the link, let me know and I can send it to you.

And yeah. So those are the two things. Thank you. My two items are Michelle Crawford at the town clerk sent us a code of conduct. So make sure you read that and sign it. And the town fair is on May 16. So see you out there, hopefully. And that's all I have. And that concludes all the items on our agenda. Commissioner Boone? Oh, wait. Sorry. We're not done yet.

Sorry. I just want to guess wanted to make a statement. I know that Kelly had sent out some emails a few months ago. I did want to acknowledge MJ Adams who passed in January. And she, I think, had a pretty outsized role in the last few years, really almost the entirety of our term in helping shape a key part of what became the comp plan revision. And I'm hoping that, I know Kelly, I think, mentioned that they might try to get something to commemorate efforts.

We are still working on that.

The town but yeah,

I figured I just wanted

to throw it out there. Thank you. Did you

have anything, Commissioner Bahia? No. That's it. Motion

to adjourn.

Second. Right. Time is now 06:56PM, and we are adjourned.