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Lafayette to Take Up Proposed Nine Mile Agreement Under Shakier Circumstances

February 2, 2019

If you go

What: Lafayette City Council meeting

When: 5:30 p.m. Tuesday

Where: 1290 S. Public Road

More info: cityoflafayette.com

Lafayette City Council on Tuesday will take up a vote on its half of an intergovernmental agreement to settle litigation with Erie over the Nine Mile Corner development, just weeks after some of its neighboring leaders signaled their reluctance to move forward on the deal, and Erie’s urban renewal authority tabled a decision on the pact altogether.

The specifics of the agreement — which apart from the litigation settlement, also would drop two disputes over Erie access permits, draw “influence areas” across the county dictating where both communities can annex and develop in the coming decade, and regulate revenue sharing on a piece of Stephen Tebo-owned property along the communities’ border — looks slightly different than first proposed.

According to changes made by Erie trustees upon their approval of the deal last month, the new agreement would cancel a stipulation that relinquished Erie’s ability to extract minerals from the bordering Tebo land parcel and to sell the oil and gas well on site.

Furthermore, an additional clause would require Lafayette to cooperate with Erie in finding a location for an above-ground water storage facility “on or near the Tebo Parcel and within the boundaries of Lafayette.”

Another change proposes that if Lafayette acts ast the issuing authority for further access permits on U.S. 287, the city must agree “that it will not unreasonably withhold approval for access permits related to improvements to the U.S. 287 and Arapahoe Road intersection.”

The attorney fees Lafayette would be required to pay back to Erie also have been revised from $460,000 to $440,000, under the new agreement.

The core of the agreement remains despite Erie’s proposed changes, officials say.

And while Lafayette officials have declined to comment on the agreement until its leadership takes up the language at its Tuesday meeting, city spokeswoman Debbie Wilmot said Friday that the board would consider the deal with the Erie amendments.

Those changes aside, the deal will arrive in front of Lafayette leaders under shakier circumstances than when it was first unveiled.

Tyler Carlson of Evergreen Devco, the developer behind the project, told Erie trustees at their January meeting that the agreement’s proposed 250-foot buffer likely would drive away some of the larger anchor tenants the company was pursuing for the project, a revelation that caused some of Erie leaders to question Lafayette’s intentions.

Trustee Dan Woog, who asked the board to table a vote on the agreement until concerns over the buffer had been renegotiated, said the provision signaled continued hostility by Lafayette.

Just hours after Erie trustees reluctantly approved the agreement with its slight changes, the town’s urban renewal authority tabled the pact in order to renegotiate some of its provisions. Even if Lafayette approves the deal Tuesday, the agreement cannot be officially finalized without the authority’s approval.

Anthony Hahn: 303-473-1422, hahna@dailycamera.com or twitter.com/_anthonyhahn