[0:00] Councilman um meeting for Tuesday,

[0:02] August 18th, 2026. My name is Mark

[0:03] Clark, I'm the mayor. I'm going to call

[0:05] the meeting to order. Please stand and

[0:06] join me in the pledge.

[0:08] >> I pledge allegiance to the flag of the

[0:10] United States of America, and to the

[0:13] republic for which it stands, one nation

[0:16] under God, indivisible, with liberty and

[0:19] justice for all.

[0:23] » Roll call, please.

[0:25] >> Mayor Clark.

[0:26] >> Here.

[0:26] >> Mayor pro tem Plecka.

[0:27] >> Here.

[0:28] >> Council member Johnson.

[0:29] >> Present.

[0:30] >> Council member Neal.

[0:31] >> Present.

[0:32] >> Council member Crabtree.

[0:33] >> Here.

[0:33] >> Council member Delaney.

[0:35] >> Here.

[0:35] >> Council member Lopez.

[0:36] >> Here.

[0:37] >> All right, next item on our agenda is

[0:39] the awards and recognition for the

[0:41] August 2026 yard of the month. And this

[0:43] month's winner is Thomas McGugan and

[0:45] Patty Peterson. If you're in the

[0:48] audience, please step forward. I'll

[0:49] present you a certificate and a gift card to the Human Bean.

[0:59] And we also got a cool yard sign

[1:02] >> [laughter]

[1:23] [applause]

[1:30] » All right, next on our agenda is

[1:32] audience participation. Is there anybody

[1:33] that wishes to address the city council

[1:34] on any item that's not on the agenda and

[1:36] or of a public hearing? If so, please

[1:38] step up to the podium, state your name

[1:40] and address for the record, and please

[1:42] keep your comments to under 2 minutes.

[1:51] » Hello, Leslie.

[1:52] >> Good evening, council. How are you?

[1:54] >> How are you?

[1:55] >> Um Leslie Turner, she's actually a

[1:57] director of the Evans Area Chamber of

[1:59] Commerce and I am here because I have

[2:02] secured an opportunity with House

[2:05] District 50 candidate debate to bring it

[2:08] here to Evans. Both candidates have

[2:10] already agreed to do the event and what

[2:12] I am here to ask Council for tonight is

[2:15] the space to do that, to donate the

[2:16] space over at the library.

[2:19] It will be a public event.

[2:20] It will be advertised. It will be about

[2:22] 4 to 6 hours long considering clean up

[2:25] and set up is what I'm thinking.

[2:28] >> Okay.

[2:31] Anybody have any

[2:33] >> Sounds good.

[2:35] >> Yeah, I don't have any problem with it.

[2:37] We can set up a time and coordinate it

[2:38] with the staff and yeah, we'll work that

[2:41] out for you.

[2:41] >> Absolutely wonderful.

[2:43] >> You have a date yet?

[2:44] >> October 1st.

[2:45] >> Yep.

[2:47] >> I'm thinking about doors opening at

[2:48] 5:30, commencing at 6:00 p.m. and I'm

[2:51] working out the details with both

[2:53] candidates now. They're both either have

[2:55] toured or will be touring Evans.

[2:57] >> Yep.

[2:59] » I I I would just Ed Bull, the city

[3:02] attorney, I would just advise Council

[3:04] and Mayor Mayor Pro Tem that in in

[3:07] giving a waiver out, the

[3:09] main thing would be to remain neutral in

[3:13] any other party after this that seeks

[3:15] the same or similar circumstance.

[3:19] >> Awesome. Thank you. Appreciate it.

[3:20] >> All right, great. Thank you, Leslie.

[3:24] All right, anyone else?

[3:32] » My name is David Goodman. I

[3:34] live over by the Sams area in the

[3:36] neighborhood there.

[3:38] I've lived here for 26 years, paid my

[3:40] taxes for 26 years.

[3:43] I've had some major concerns with what's

[3:45] going on in this

[3:46] city here in the 26 years I've been

[3:49] here.

[3:50] Uh, there was one blizzard the last

[3:52] blizzard we had when I was snowed in, I

[3:53] come home and spent my whole time off

[3:56] cleaning my neighbors and my yards and

[3:59] my gr-

[4:00] putting the snow in their yard.

[4:02] I left the and didn't even get out of

[4:04] the state when I got a call from my wife

[4:06] that the city [clears throat] of Evans

[4:07] had put a fine on my door for the snow

[4:09] being on my sidewalk.

[4:11] And I couldn't understand how that could

[4:13] happen cuz I cleaned the sidewalk for

[4:15] the whole neighborhood. And they said

[4:17] they come in afterwards and plowed.

[4:20] I'd like to know what the easement and

[4:21] what the rules are about that

[4:24] because I was told the easements is our

[4:25] sidewalks and we have to keep them

[4:27] clean.

[4:28] But when I clean them and I have to come

[4:30] back and get a ticket on my door, I just

[4:32] got a ticket on my door the other day on

[4:34] the hottest day of the year telling me I

[4:37] had a few weeds my and I had a a

[4:39] dishwasher sitting out on my sidewalk

[4:41] that I hadn't got time to put into the

[4:43] trailer that I had my yard to get.

[4:46] And I'm getting a little concerned about

[4:49] when they do this, they don't come up

[4:50] and knock on the door or ring the

[4:52] doorbell or anything else. They just

[4:53] come up and tape it to my door.

[4:55] And I think that's very unprofessional.

[4:59] Uh,

[5:00] I'd like to know what

[5:02] the the the city does when they they

[5:04] decide to put projects in and who has

[5:08] and what they do to talk to the people

[5:10] in the city of Evans about the projects

[5:13] that they're getting done.

[5:15] For example, the sidewalks were being

[5:18] fixed on Anchor

[5:20] and 23rd

[5:22] and they fixed the sidewalks and less

[5:24] than a month later they tore the

[5:26] sidewalks out to put in stop lights.

[5:29] To me that is poor poor management and a

[5:32] waste of money.

[5:34] I've asked for the 26 years I've been

[5:36] here for a light to get here and it took

[5:38] 26 years to get there cuz we have two

[5:40] schools on that street less than 100

[5:43] yards from that light. There's been

[5:45] three times I've almost got hit. They

[5:48] got the light there 26 years later.

[5:51] And I'm just kind of concerned about the

[5:52] way things are going in this

[5:54] They build parks

[5:56] and they put and then and but we don't

[5:57] have water to water our yards.

[6:02] I've tore my yard completely down to

[6:03] dirt and saving money to put in

[6:06] artificial turf because it's the only

[6:07] way I can keep it up.

[6:09] I'm 30 I'm 69 years old and got pushed

[6:12] into retirement early because I wanted

[6:13] to get my knees replaced. And then the

[6:15] results is the blood so I can't work

[6:17] anymore. I'm a disabled

[6:20] and I'm just don't know what the heck

[6:21] I'm at [clears throat] my wit's end.

[6:23] When they could I down on the corner of

[6:25] my neighborhood

[6:27] I think it was last Thanksgiving or

[6:29] Thanksgiving before they had a police

[6:31] out there shooting

[6:33] into the neighbor's house and and

[6:35] I don't know what I never heard anything

[6:37] about that. They were there for my

[6:39] friend. I had to go down and ask him

[6:41] what had happened. They had something

[6:42] that they shot.

[6:44] But flash bangs and aren't in towards

[6:46] house up he's out of his house for a

[6:47] month. I think people should be

[6:50] acknowledged of what's going on. Just

[6:52] last week my car because I've been

[6:55] parked by my door to make it easier for

[6:57] me. I ain't got no grass so I ain't

[6:59] cutting anything. But then I told I

[7:01] can't do that. I got to put it on the

[7:02] side on the driveway. So I went out that

[7:05] night and put my car on the driveway and

[7:07] I come back in the next morning and I

[7:09] went out there and my car had been

[7:10] broken into.

[7:12] Half of my stuff been stolen out of it.

[7:14] So I'd like to know what the heck I'm

[7:15] supposed to do.

[7:17] You know, I got all these concerns and

[7:20] nothing that the first time I I had it

[7:22] happen 2 years

[7:23] in a row when I first moved here and I

[7:26] put in and told the police they come out

[7:28] and I never heard another thing about

[7:30] it.

[7:30] So what am I supposed to do? I don't see

[7:32] police officers coming through our

[7:34] neighborhood. The one time they ever

[7:36] come over in our neighborhood is when

[7:39] there's a somebody getting arrested or

[7:41] they don't drive through just a patrol.

[7:43] There's house two two doors down from

[7:46] mine. They have six vehicles and three

[7:48] or four of them are parked on their lawn

[7:50] all the time.

[7:52] I park my name cuz I'm handicapped now

[7:55] and I'm trying to get my yard fixed, but

[7:56] I ain't got $24,000 to put in this stuff

[7:59] and do all this stuff. I got to earn it.

[8:02] And when I get a a note on my door

[8:05] they're going to give me a $150 fine cuz

[8:07] I ain't went out there and pulled weeds.

[8:09] Where were they were out there when I

[8:10] was in my walker and bending over my

[8:12] walker and pull my weeds, where were

[8:13] they then? Cuz nobody go by there then.

[8:17] Right after I got a house bill for 2

[8:18] months.

[8:19] I went out there and was a walker and

[8:21] pulled every weed in my house. Again, I

[8:24] didn't know where I was going to do with

[8:25] the weed because you guys taken away our

[8:27] fall clean up and our spring clean up or

[8:29] we got to pay more money for it.

[8:32] What are we supposed to do as a

[8:34] neighborhood? You want us to clean weeds

[8:36] and come out and threaten us to give us

[8:37] deals. So I have to spend $150, $200 on

[8:40] kids to come around and pull the weeds

[8:42] that I can't do no more.

[8:44] And these are some major concerns that

[8:45] I'm seeing going on in this

[8:47] I've seen parks get put up and

[8:50] how they watering that if we can't water

[8:52] our neighborhood. [clears throat]

[8:55] It's starting to concern me very much.

[8:56] But I've lived here 26 years and it just

[8:58] seems like it's going downhill instead

[9:00] of up.

[9:01] I got a ticket just before I reach just

[9:03] before I got off the truck, I got a

[9:05] ticket for driving through Evans with a

[9:06] mud flap off my truck. It fell off

[9:10] when I come back. I told the officer,

[9:13] "Hey, I'm headed to the yard now. I know

[9:15] it's off, but I got to get to the yard."

[9:17] He gave me a $50 fine for that. But I

[9:19] see pickups and cars all over the place

[9:22] with the tires sticking this far out

[9:23] from underneath the cars. I've lost two

[9:25] windshields over the 26 years from cars

[9:27] like that. And there is a law and an

[9:29] ordinance in this city and this county

[9:32] for they they're to be underneath the

[9:33] vehicle. If not, they are to be ticketed

[9:35] for

[9:36] Why are drivers are only ones to get

[9:38] them tickets?

[9:41] I like to understand all these concerns.

[9:44] I expect to get answers tonight, but I'd

[9:46] like to bring them up so you guys can

[9:48] think about them.

[9:51] » All right. Well, thank you. Appreciate

[9:52] it.

[9:52] >> Thank you.

[9:56] » All right. Anybody else?

[9:59] All right. Seeing none. All right. We

[10:01] will move on. Approval of agenda. Madam

[10:03] Clerk, any changes to the agenda?

[10:07] » No, Mayor.

[10:08] >> All right. I would entertain a motion.

[10:17] All right. I have a motion and a second

[10:19] to approve the agenda.

[10:23] » I didn't

[10:25] get a vote.

[10:26] >> You did not get

[10:27] >> No.

[10:28] >> Okay.

[10:29] Are you in favor?

[10:29] >> I.

[10:30] The motion carries 7-0.

[10:33] All right. Next item on the consent

[10:35] agenda.

[10:36] Any discussion on the consent agenda? If

[10:38] not, I'd entertain a motion.

[10:49] and second to approve the consent

[10:51] agenda.

[10:54] » I.

[10:55] >> Okay. All right. That motion carries

[10:57] 7-0. All right. Next item, new business.

[11:00] Item 8A, public hearing consideration of

[11:02] a retail liquor store license for Evans

[11:04] Liquor LLC at

[11:08] Unit B. I'll open up with the public

[11:10] hearing. We'll [snorts] hear from staff.

[11:29] » Thank you, Mayor and City Council.

[11:31] The city received an Julie Barnett, City

[11:33] Clerk. Uh the city received an

[11:35] application for a new um retail liquor

[11:37] store liquor license from Mr. Francis,

[11:40] registered agent for Evans Liquor LLC.

[11:43] The application is con- for

[11:44] consideration of a retail liquor store

[11:46] to sell alcoholic beverages for

[11:48] consumption off the premises located at

[11:51] 3313 35th Avenue Unit B.

[11:56] The City Council will be acting in a

[11:58] quasi-judicial role as the local

[12:00] licensing authority to consider the

[12:01] approval of this retail liquor store

[12:04] license. If the license is approved by

[12:06] Council, the license will be processed

[12:08] and finalized with the State Enforcement

[12:10] Division.

[12:12] In Council's role as the liquor

[12:13] licensing authority, the approval of a

[12:15] new liquor license must be based on the

[12:17] findings regarding the reasonable

[12:19] requirements of the neighborhood, the

[12:21] desires of the adult inhabitants of the

[12:23] neighborhood, and the moral character of

[12:25] the applicant.

[12:26] The license application was submitted

[12:28] for concurrent review with the city,

[12:30] which allows the state to process the

[12:32] application while the city [snorts] is

[12:33] also considering the application.

[12:36] For the record, the following findings

[12:37] from the report submitted by staff have

[12:39] been determined. Notice of public

[12:41] hearing.

[12:42] The city received the application on

[12:44] June 29th, 2026 from Evans Liquor LLC

[12:48] for retail liquor store off premises at

[12:51] 3313 35th Avenue Unit B.

[12:54] The notice of public hearing on this

[12:56] matter was posted on the property and

[12:57] published in the Greeley Tribune on or

[13:00] before August 7th, 2026.

[13:03] The applicant is entitled to possession

[13:05] of the premises.

[13:07] The applicant has applied for a state

[13:08] sales tax license and city business and

[13:11] sales tax license.

[13:13] The selling of liquor in the manner

[13:15] proposed in the application is subject

[13:17] to zoning, fire, building, and other

[13:19] applicable laws of the City of Evans

[13:21] and/or State of Colorado.

[13:23] This property is zoned C2 general

[13:25] commercial. Liquor stores are considered

[13:27] a retail use indoor, which is a

[13:29] permitted land use in the C2 zone

[13:32] district.

[13:33] The premises where the selling or

[13:35] serving of alcohol will be conducted

[13:37] does not appear to be within 500 ft of

[13:38] any public school or principal campus of

[13:41] any college.

[13:43] There has not been within the last 2

[13:45] years preceding the date of the

[13:46] application a denial of an application

[13:49] by either the state or local licensing

[13:51] authority for a retail liquor store at

[13:53] this location for the reason that the

[13:55] unreasonable requirements of the

[13:57] neighborhood and the desire of the

[13:58] inhabitants were satisfactory by the

[14:01] existing outlets.

[14:04] So, the applicant conducted a survey

[14:06] within a 1-mile boundary of the premises

[14:08] to convey the needs and desires of the

[14:10] neighborhood. The petition returned 20

[14:12] businesses in favor with three

[14:15] businesses opposed, and the petition

[14:17] returned 83 residences in favor

[14:20] with four residences opposed.

[14:23] Uh there is one other retail liquor

[14:25] store within the 1-mile boundary of 3313

[14:28] 35th Avenue Unit B, as well as these

[14:33] other liquor licenses within a 1-mile.

[14:36] There are three hotel restaurant, one

[14:38] retail liquor store, and three FMB wine,

[14:42] which is are your gas stations.

[14:45] Um

[14:47] attached to the packet was a memorandum

[14:49] from the Evans Police Department, which

[14:50] shows that no information was found when

[14:52] they conducted their background check on

[14:54] the moral character of the applicant.

[14:56] is here this evening and

[14:58] available for any questions you may

[15:01] have, as well as a representative from

[15:04] the company Liquor Pros that did the

[15:06] needs and desires survey.

[15:09] So, the public hearing is tonight. Um

[15:12] so,

[15:13] I'm available for any questions that you

[15:15] have, and the applicant is also here.

[15:17] >> Okay. Thank you.

[15:19] Any questions

[15:21] of of staff and/or the applicant? So,

[15:23] please use the request to speak button.

[15:29] All right, seeing none.

[15:31] Um I will ask because this is a public

[15:33] hearing if there's anybody in the

[15:34] audience that wishes to speak for or

[15:36] against this item, please step up to the

[15:38] podium, state state your name and

[15:39] address for the record.

[15:49] » Mr. Mayor, Councilman

[15:52] My name is Tony Belfiore and I reside at

[15:54] 4615 West 21st Street Circle in Greeley.

[15:59] The reason why I'm here is because I own

[16:02] three commercial buildings in this town.

[16:04] I've owned one for 22 years and that's

[16:07] where

[16:08] I started Naughty Pine Liquor. I'm the

[16:10] former owner of Naughty Pine Liquor. So,

[16:12] when I went to get my liquor license 21

[16:15] years ago,

[16:16] I had at least 300 signatures.

[16:20] At that time, most of the council said

[16:22] they'd never seen anything like that.

[16:24] So, and that was with a population of

[16:27] 15,000.

[16:29] Today,

[16:30] there's about a population of let's say

[16:32] 23,000. So, you have 83 signatures.

[16:36] That's less than 0.4%

[16:41] of the population.

[16:43] So, I guess to me, what that

[16:46] demonstrates is there's not a need and I

[16:48] know when they're talking about I've

[16:50] been in many, many of these liquor licensing

[16:55] either for or against.

[16:57] And I know the biggest thing is the need

[16:59] and that's why I'm here tonight because

[17:02] I don't believe

[17:03] that there's a need for another liquor

[17:05] store

[17:06] when we have one

[17:08] within the prox close to me that that

[17:10] Coral Bay is.

[17:11] Yeah, in my opinion, maybe biased, but

[17:13] it's truthful.

[17:15] Yeah, I own the building where Coral Bay

[17:17] is. My sons own Coral Bay Liquor.

[17:21] But again,

[17:22] I don't think that that even from the

[17:24] sketch that he showed, it shows that

[17:26] it's not

[17:28] his building is not prepared for a

[17:30] liquor store. Yeah, they can do it, but

[17:32] it doesn't look to me like he has a lot

[17:35] of experience in the liquor business.

[17:38] So again,

[17:40] I'm just trying to tell the truth and

[17:41] I'm trying to save him some money

[17:43] because Coral Bay is very well

[17:45] established, very clean established.

[17:48] Like I say, we've been collecting paying

[17:51] property tax and collecting sales tax

[17:52] for the city of Evans for 22 years.

[17:55] So, we have some we have some roots

[17:57] here.

[17:58] And I I guess the basis of what I wanted

[18:01] to say is the need. I think you need to

[18:04] look at the need. And I don't think that

[18:06] 83 signatures

[18:08] point to the need of another liquor

[18:10] store.

[18:12] So.

[18:15] >> All right, thank you. Thank you very

[18:16] much.

[18:18] Anyone else?

[18:21] All right, seeing none, I will close the

[18:23] public hearing and entertain any comment

[18:26] from council and or a motion.

[18:30] All right, seeing no

[18:32] uh comments, I would entertain a motion.

[18:35] What's that?

[18:36] >> Fred.

[18:37] >> I'm just having a login issue.

[18:39] >> All right, go ahead, Council member

[18:40] Neil.

[18:41] >> I just needed to login again.

[18:43] >> Okay, no problem. Just go ahead.

[18:45] >> Picking me out.

[18:46] No one mind. I'm fine.

[18:47] >> Okay.

[18:49] All right.

[18:51] >> Um members of the authority, this is Eva

[18:54] Garrettson with Liquor Licensing

[18:55] Professionals.

[18:57] Um if you'd like, I can go through the

[18:59] process and procedure with the petition

[19:01] in order to address any concerns. Um but

[19:04] I am here if you have any questions. Or

[19:06] I can just give uh what our process and

[19:09] procedure is uh that we conduct

[19:11] throughout the entire state of Colorado.

[19:13] >> All right, I appreciate it, but we've

[19:15] already concluded the public hearings

[19:16] and

[19:17] >> Yes, sir.

[19:17] >> So, we're we're going to go ahead and to a vote here. So, thank you.

[19:21] Appreciate it.

[19:24] Councilman Neil, did you have any

[19:25] comment?

[19:27] >> No.

[19:27] >> All right, I would entertain a motion

[19:28] then.

[19:43] All right, I have a motion, but no seconds.

[19:47] So, being that we have no second, that

[19:50] motion is

[19:51] considered dead.

[19:54] And uh no further action taken. Or did

[19:57] you

[19:57] I see that you voted.

[19:59] >> Yeah.

[19:59] >> Okay.

[20:02] No second?

[20:04] All right, we don't have a second on

[20:05] this, so we cannot process the motion.

[20:07] Therefore, that motion

[20:08] does not pass.

[20:12] All right.

[20:16] So, I guess that's a denial for the

[20:18] since we have no no second.

[20:20] Oscar, city attorney.

[20:22] >> Right.

[20:23] >> It's denied.

[20:24] >> Okay. That [clears throat] motion, guys.

[20:25] All right.

[20:26] Thank you. Moving on to next item,

[20:28] consideration of a development agreement

[20:30] with Mountain Cement Company. We'll hear

[20:32] from staff.

[20:39] » Hey. Thank you, Mayor Ed Bowles, city

[20:41] attorney. If if I may

[20:43] brief the council from this position.

[20:45] I'll also rely on the the

[20:47] director of engineering if if for any

[20:50] details in regards the roadway. But

[20:52] essentially, we're calling this a

[20:53] development agreement, but it's really a

[20:55] participation agreement for proportional

[20:58] cost to improve County Road 33 from the

[21:01] Mountain Cement Company

[21:03] property to County Road 46.

[21:07] Um it does not obligate the city to

[21:10] perform this improvement only in the

[21:14] event that the city were to appropriate

[21:17] and then budget money within a

[21:21] approximately a five-year period. It

[21:23] does allow for an extension which is

[21:25] called in a tail period of six months to

[21:28] keep the agreement going to allow for

[21:31] design

[21:32] and the build-out subsequent build-out

[21:34] if if the city were to obtain funding

[21:38] from an alternate source which we

[21:40] believe to be Mountain Tracks in the

[21:41] future and then

[21:43] >> [clears throat]

[21:45] » to fully fund the project. But at this

[21:47] point again the recommendation is to

[21:50] Council to approve this. It is

[21:52] their proportional share of that

[21:55] improvement of the paving of that road.

[21:57] Thank you.

[21:58] >> Thank you.

[21:59] Any questions or comments of staff?

[22:02] >> Yes and

[22:04] can you

[22:05] remind me

[22:06] what the length of this

[22:08] segment is?

[22:09] >> It's approximately 6,900 ft.

[22:12] >> Thank you.

[22:17] » Since my request to speak is not up and

[22:19] I don't see anyone on the board so it

[22:20] seems that there's no other questions or

[22:21] comments I'd entertain

[22:22] >> We're having some little technical

[22:24] difficulties here at the moment.

[22:26] >> No no no problem. Anybody else any

[22:27] questions or comments while we're

[22:28] waiting? No? All right. I'd entertain a

[22:31] motion.

[22:37] » It's not giving me the option.

[22:39] >> All right, we'll go ahead and do a vote

[22:40] by vote. Okay, I have a

[22:41] All right, I've entertained a motion.

[22:43] >> I move to approve the development

[22:45] agreement between the city of Evans and

[22:46] Mountain Cement Company.

[22:48] >> Second.

[22:49] >> I have a motion and a second to approve

[22:50] the development agreement between the

[22:51] city of Evans and Mountain Cement

[22:53] Company. All those in favor signify by

[22:54] saying aye.

[22:55] >> Aye.

[22:56] >> All opposed nay.

[22:57] Motion carries. All right, next item.

[23:00] Public hearing consideration of

[23:01] ordinance number 869-26, accepting the

[23:04] public road right-of-way for MCC first

[23:08] replat. We'll hear from uh us I'll open

[23:10] the public hearing. Hear from staff.

[23:11] >> Great. Good evening, Mayor and Council.

[23:13] Micah Hallsey, planner with the City of

[23:14] Evans.

[23:15] For your consideration this evening is

[23:16] ordinance number 869-26 for acceptance

[23:19] of public right-of-way, uh which

[23:21] supports the proposed Mountain Cement

[23:22] Company minor subdivision first replat

[23:24] application. The second reading of this

[23:26] is scheduled for September 1st. This is

[23:28] a public hearing.

[23:30] The property owner of the subject land

[23:31] is Mountain Cement Company LLC as

[23:33] represented by the EPS Group in

[23:34] attendance tonight. The subject

[23:36] right-of-way is depicted in the stamp

[23:37] survey exhibits A and B attached this

[23:39] ordinance.

[23:41] For background, the City of Evans

[23:43] Community Development Department is

[23:44] processing the Mountain Cement Company

[23:46] first um

[23:47] replat to their minor subdivision, which

[23:49] seeks to consolidate Lot A of RE3237

[23:53] and Lot 1 of the MCC minor subdivision

[23:55] into a single lot. So, this is a lot

[23:56] consolidation replat. Uh both lots are

[23:59] annexed into the City of Evans.

[24:01] The proposal proposed resultant lot will

[24:03] contain the pending MCC transloading

[24:05] terminal, which is under construction

[24:07] and permitted by separate site plan.

[24:08] This replat and subject dedication of

[24:10] additional right-of-way is related to,

[24:12] but is distinct and separate uh

[24:13] procedurally from this uh MCC facility.

[24:16] In brief, the property owner requested

[24:18] dedicating additional strip of

[24:19] right-of-way being 10 ft in width along

[24:21] the full frontage of the property lying

[24:23] west of and adjacent to the existing

[24:25] 60-ft of right-of-way 447th Avenue, also

[24:28] known as uh County Road 33. This area

[24:30] has been previously identified as future

[24:32] right-of-way to be dedicated by this to

[24:34] the City of Evans per the Weld County

[24:36] record exemption plat uh RE615-01-63

[24:40] as um recorded in 2015.

[24:43] This 10-ft wide strip to be dedicated is

[24:45] approximately 0.32 acres. The overall

[24:48] half right-of-way section being 30 ft

[24:49] lying west of the section line and that

[24:51] additional 10 ft is a total width of 40

[24:54] ft um is approximately 1.29 acres, while

[24:58] the existing half right-of-way of 30 ft

[25:00] is already public right-of-way, this

[25:02] ordinance formally accepts that entire

[25:04] 40 ft strip as uh dedicated in fee to

[25:07] the city of Evans.

[25:09] The re-plat application has been

[25:10] initially approved and included this as

[25:12] a condition of approval uh for city

[25:14] council accept the additional road wide

[25:16] right-of-way prior to recording the

[25:17] plat.

[25:18] Uh, per section 18.03.100

[25:21] of the Evans municipal code, city

[25:22] council is responsible for acceptance of

[25:24] additional city right-of-way.

[25:26] The subject acceptance of right-of-way

[25:28] supports this condition. The re-plat

[25:30] includes a statement of dedication for

[25:31] the right-of-way um with information on

[25:33] the city council ordinance. So, just so

[25:36] you know the mechanism, city council is

[25:37] accepting the right-of-way. You're

[25:40] accepting it as part of the public road

[25:42] network. The plat is the vehicle where

[25:45] that right-of-way is officially

[25:46] dedicated. And so, this ordinance would

[25:48] be referenced on the plat. Um, there are

[25:51] no direct financial impacts related to

[25:52] the city as a result of this

[25:54] right-of-way. It's not a necessary

[25:55] roadway. This is just the land where a

[25:57] road could be built. And for

[25:59] recommendation, staff has reviewed the

[26:00] applicable Evans municipal code

[26:02] sections, found that the applicant's

[26:04] request is consistent with the staff

[26:05] report with the 2015 recorded exemption

[26:08] plat.

[26:09] And staff recommends

[26:11] approval of this ordinance on first

[26:13] reading. Should this ordinance be

[26:14] approved on second reading, this is the

[26:16] final condition of approval for this

[26:17] re-plat and the approved plat would move

[26:20] to recordation. Um, applicant's present,

[26:22] happy to answer any questions. Thank

[26:23] you.

[26:24] >> Great. Thank you, Michael.

[26:25] >> Appreciate it. All right. Uh, any

[26:26] questions of staff?

[26:32] All right. Seeing none. Um,

[26:34] cuz this is a public hearing, I'll ask

[26:36] anybody in the audience that wishes to

[26:38] speak for or against the site to please

[26:39] step up to the podium, state your name

[26:41] and address for the record.

[26:45] Seeing none, I'll go ahead and close the

[26:47] public hearing and entertain any council

[26:49] discussion and/or a motion.

[26:52] Staff

[26:53] >> [clears throat]

[26:54] >> I'm glad to see this replat is clearing

[26:57] this up and consolidating this piece of

[27:00] land.

[27:05] » Seeing no other

[27:07] comments, I would entertain a motion.

[27:08] >> I move to approve ordinance number

[27:10] 869-26

[27:12] as proposed on first reading.

[27:13] >> Second.

[27:14] >> I have a motion and a second to approve

[27:15] ordinance number 869-26 as proposed on

[27:19] first reading. All those might signify

[27:21] by saying I.

[27:21] >> I.

[27:22] >> All opposed, nay.

[27:24] Motion carries. All right, next item 8D,

[27:26] consideration of resolution number

[27:27] 24-2026,

[27:30] designation of four automated vehicle

[27:32] identification systems, AVIS, and we'll

[27:35] hear from staff.

[27:45] » Good evening, council, mayor and

[27:46] council. Uh Randy Darlin, chief of

[27:48] police.

[27:50] The Evans Police Department is

[27:51] requesting City Council approve

[27:53] resolution number 24-2026

[27:56] designating four roadways as automated

[27:59] vehicle identification system traffic

[28:01] safety corridors.

[28:02] This is pursuant to CRS 42-4110.5

[28:07] and the Evans Municipal Code 10-04-119.

[28:11] The proposed corridors are 37th Street,

[28:14] 42nd Street, Prairieview Drive, 11th

[28:17] Avenue, and 35th Avenue. The Police

[28:19] Department completed a separate traffic

[28:21] safety assessment for each corridor

[28:23] using recent quantitative data,

[28:25] including traffic volume and speed

[28:27] studies, crash history, enforcement

[28:29] activity, hazardous driving incidents,

[28:31] and traffic-related complaints.

[28:34] Based on these assessments, staff has

[28:35] determined that each proposed

[28:37] designation is reasonably related to

[28:39] improving traffic safety. Approval of

[28:42] the resolution establishes the

[28:43] geographic areas in which AVIS

[28:45] technology can be deployed. It does not

[28:48] require automated enforcement throughout

[28:50] the corridors or authorized enforcement

[28:53] until all applicable statutory and

[28:55] municipal requirements for notice,

[28:57] warning period signage, equipment

[29:00] placement, privacy data use, and program

[29:03] operations have been satisfied. Over the

[29:05] last

[29:07] few months, we've been working through

[29:09] this process.

[29:10] Uh last our last meeting, we passed the

[29:14] ordinance for this process. These are

[29:16] the first four corridors that I will

[29:18] bring you that will provide uh uh

[29:21] different roadways throughout the city

[29:22] that provide the opportunity to utilize

[29:25] Avis technology. And that that

[29:26] technology is both a uh

[29:29] a fixed location that will be out off of

[29:31] 37th and and Palermo Drive and the

[29:35] mobile uh unit that would be mobile

[29:38] throughout the community within these

[29:40] specific corridors.

[29:41] Um

[29:43] identifying corridors is a requirement

[29:45] under the state statute for Avis

[29:46] technology.

[29:47] Um this is step one. We'll have

[29:49] additional corridors. We'll bring them

[29:51] to you in in pieces as you could see,

[29:54] the process for this was uh pretty

[29:57] substantial. We did a quite a bit of

[29:59] data collection, quite a bit of uh radar

[30:01] use to bring as much data and and

[30:04] quantitative information uh under the

[30:06] state statute as we could to this

[30:08] process um and to try to be as

[30:11] transparent and open to the public about

[30:12] what our, you know, traffic related

[30:15] safety protocols are in the city. Um

[30:18] each one of the corridors uh was was

[30:20] evaluated on the same, similar, or

[30:22] identical standards. We used a

[30:24] methodology across all of the the

[30:26] locations. Um each one of those uh

[30:29] documents was uh provided to you uh for

[30:32] this this hearing for this uh request

[30:35] under the resolution and uh was provided

[30:39] uh each of the required uh data metrics

[30:42] under the state statute.

[30:45] So, you can I'll be happy to answer any

[30:47] questions you might have on those.

[30:48] >> Okay. Thank you, Chief. Appreciate it.

[30:50] Any questions or comments to the first

[30:51] half?

[30:54] Council Member Delaney.

[30:56] >> I didn't do that.

[30:57] I don't know how my name is on there.

[30:59] >> Okay.

[31:00] Thank you, Chief.

[31:02] >> [laughter]

[31:05] » All right. Seeing no questions or

[31:07] comments, I'd entertain a motion. Oh,

[31:08] Council Member Johnson.

[31:11] >> Um

[31:12] one of the things I would like um if you

[31:14] can also just um elaborate on the type

[31:18] of system it is cuz I know many are

[31:20] concerned as I have concerns

[31:24] address concerns for other types of the

[31:26] ALPRs, but this is not. So, if you can

[31:29] just distinguish the difference between

[31:32] this system and the other system.

[31:34] >> So, we have [clears throat] two systems

[31:35] that'll be going into place within the

[31:37] city. One is a fixed location.

[31:39] Um and one is a uh mobile trailer. Both

[31:43] use ALPR technology, but it is not used

[31:46] in the same ALPR technology ALPR

[31:49] technology uh system that most concerned

[31:52] uh some of the public is the Flock

[31:54] system, right? The technology is very similar.

[31:58] Um the difference is live notification

[32:00] to law enforcement uh through um through

[32:03] the cameras, right? So, when with the

[32:05] cameras we're putting into the public in

[32:07] this endeavor, Avis, right? They go into

[32:10] uh into the streets. There is signage

[32:13] letting you know that the the the the

[32:15] equipment is within 300 ft of the

[32:18] signage that's on the public way. We we

[32:20] sign the roadways as well.

[32:22] And then if a vehicle is captured

[32:24] speeding within an area, there is a

[32:26] license plate read.

[32:28] And that license plate read is then

[32:30] eventually sent to the police department

[32:32] for confirmation of the violation of

[32:35] speeding.

[32:36] There isn't an immediate read of a

[32:37] license plate to tell us, "Hey, the

[32:40] occupant in this vehicle or the

[32:41] registered owner of this vehicle has a

[32:43] warrant for their arrest." There isn't

[32:45] data that's being provided to the police

[32:47] department that the vehicle may be

[32:48] stolen or um there isn't an Amber Alert

[32:51] or a Senior Alert associated with any of

[32:54] the plate reads.

[32:55] This information is read specifically to

[32:59] the radar detection device and and

[33:01] whether or not someone is speeding

[33:02] within that area, and then the data is

[33:05] uh

[33:05] >> [clears throat]

[33:06] >> collected, correlated, and then anybody

[33:09] that was identified as traveling at 11

[33:11] mph or more over the speed limit is then

[33:14] identified through uh license plate

[33:17] technology. We then verify that license

[33:19] plate against the registered owner of

[33:21] the vehicle, the make, the model of the

[33:22] vehicle, the color of the vehicle,

[33:24] whether or not we got a clear read of

[33:26] that license plate, and then that is

[33:28] brought to the police department for us

[33:30] to do a secondary check and determine

[33:33] whether or not that is an actual

[33:34] speeding violation, at which time we

[33:36] then identify that as a notice of

[33:38] violation and have the company send that

[33:40] out to the public. So, there's no live

[33:42] read notifying the police department of

[33:45] any individual operating that motor

[33:47] vehicle of any warrants, of any

[33:49] um whether or not that's a licensed

[33:50] driver,

[33:52] any of those factors. It's just simply

[33:54] looking at speed of the vehicles

[33:56] traveling through the corridors

[33:58] uh and being um

[34:00] monitored by our equipment that's in the

[34:02] field. So, very different than ALPR.

[34:05] However, it's similar technology. It's

[34:07] still a license plate read from a

[34:09] camera, right? And that's the similarity

[34:11] between the two.

[34:13] Um and that data is stored, so if there

[34:15] were a later investigation that were

[34:17] necessary, it would be a uh uh for a law

[34:20] enforcement purpose, there would be an

[34:21] ability for us to go back and look at

[34:22] that data,

[34:24] but it's not being done the way the

[34:25] Flock system is, where it's live

[34:27] notification

[34:29] um

[34:29] tracking of a vehicle or, you know, a

[34:32] notification to the police that the

[34:33] vehicle stolen or any of those factors.

[34:35] If a vehicle went through one of these

[34:36] cameras that was stolen, we would get no

[34:38] notification. If a vehicle went through

[34:40] that was the registered owner had a

[34:42] warrant for their arrest, we would get

[34:44] no notification. Those type of

[34:45] notifications are not part of this

[34:46] system.

[34:48] >> And I I appreciate that explanation. I

[34:50] think in part the reason why

[34:53] this is happening is because our

[34:54] community um

[34:57] has requested some type of measure to

[34:59] help with safety, especially with a lot

[35:02] of vehicles speeding, um crashing into

[35:04] properties, um putting the community in

[35:07] danger due to that. And so, this is one

[35:10] of the things that we're going to

[35:11] attempt to try to mitigate

[35:14] that for the community. So, thank you

[35:16] for that explanation.

[35:20] » All right, I'd entertain a motion.

[35:31] All right, I have a motion and a second

[35:33] to approve adopt resolution number

[35:35] 24-2026

[35:37] designating the four traffic safety

[35:39] corridors identified in the resolution

[35:41] as automated vehicle identification

[35:43] system corridors pursuant to CRS 24-4

[35:47] um

[35:48] 110.5 and sections 10.04.119

[35:52] of the Evans Municipal Code.

[35:55] So, if you're votes.

[35:58] And that motion carries 7-0. Thank you,

[36:00] Chief. Appreciate it.

[36:02] All right, next item consideration of

[36:03] resolution number 25-2026

[36:05] proposed November 2026 ballot question

[36:08] for amendment to food sales tax. You

[36:10] will hear from staff.

[36:49] » Well, the information that I was going

[36:50] to put up is in your packet this

[36:52] evening. So, it's just about the

[36:53] language that I was going to add um

[36:55] to it. So,

[36:57] uh good evening Mayor Clark and members

[36:58] of council. Brian Stone, economic

[36:59] development um director for the It's

[37:02] okay.

[37:03] Um city of Evans. Um I'm here this

[37:06] evening for the consideration of a

[37:07] resolution which would amend the

[37:09] permitted uses of the current city of

[37:11] Evans food tax.

[37:13] Uh I I want to start off by saying this

[37:15] is not a new tax. Um it does not

[37:17] increase the tax rate and it doesn't

[37:19] does not change what is taxed um within

[37:22] the food um realm.

[37:24] Most of you are aware of what the food

[37:26] tax does, um but it really generally

[37:28] applies to food purchased for home

[37:31] consumption. So, that's your meat,

[37:32] that's your fruits and vegetables,

[37:33] bread, cereals, uh frozen foods, dairy

[37:36] products,

[37:37] and other um grocery items. It does not

[37:40] include your hot um prepared meals,

[37:43] tobacco, um alcohol. Thank you. Um

[37:46] or non-household food items. None of

[37:48] that would change within this ballot

[37:50] amendment.

[37:51] Um

[37:52] just to give you a little history of of

[37:54] where we're at and what we've done. Uh

[37:55] back in 2002, um the Evans voters

[37:58] approved

[37:59] a ballot language for the the use of

[38:02] food tax. And it was very specific of

[38:04] what it was was used for. It's so parks

[38:06] and recreation, um trails and walkways,

[38:09] um streets and roadways, as well as

[38:11] traffic control measures.

[38:13] In the 2002 ordinance, so with the

[38:15] ordinance um following that, there was

[38:17] language to include um um tax revenue

[38:21] for economic development incentives.

[38:23] Somehow it didn't get in the ballot

[38:24] language, so it's not an authorized use

[38:26] currently for that.

[38:28] Then in 2021, uh we went back to the

[38:30] voters and asked them to amend this food

[38:34] tax um for the use of the construction,

[38:37] design, operations of the Evans Police

[38:40] Station.

[38:42] Those Those um will not change with this

[38:45] proposal. Those uses will still remain

[38:46] in in place. What What we're trying to

[38:49] clean up and and add to that is really

[38:51] the operations that supports those 2002

[38:54] improvements. Um so we have some

[38:56] operational needs that can go into that,

[38:58] as well as including that '02 um

[39:01] ordinance where we have performance

[39:02] space economic development incentives

[39:04] that can be used from this food tax

[39:06] to increase commercial development. Um

[39:10] Other places for the others to shop, as

[39:12] well as just provide other opportunities

[39:15] for our our community.

[39:17] Again,

[39:18] remaining with our our '02 and our '21,

[39:21] um they'll still still remain a priority

[39:24] um as we move forward. So I did include

[39:27] um I want to make sure that everybody's

[39:29] um okay with the language on it. We have

[39:31] met with um

[39:34] Butler Snow, as well as um internal

[39:37] legal counsel has reviewed this and

[39:39] helped us with the language, as well as

[39:41] the resolution. So I'll give you a quick

[39:43] second to to take a peek. I apologize,

[39:45] it's it's not very big, but it was

[39:46] included in your packet in your packet,

[39:48] as well.

[39:49] Um

[39:51] But it is it is lengthy, but we really

[39:53] want to provide the transparency of what

[39:55] this is, what it's going to provide, and

[39:56] really what we're asking our Evans

[39:58] voters to to decide on. And really

[40:00] understand um that I look at this as a

[40:03] community benefit of of adding these

[40:07] uses for you guys to make decisions on.

[40:10] So if the voters say yes, um City

[40:13] Council would [snorts] have the

[40:14] additional authority to utilize those

[40:17] purposes listed within that ballot

[40:19] question.

[40:21] That being said, everything still has to

[40:22] come to city council for approval. So,

[40:24] appropriations and approval will remain

[40:26] the same. It'll just be an opportunity

[40:28] for you guys to have a little bit more

[40:29] flexibility.

[40:30] The existing voter approved uses in 2022

[40:33] and

[40:35] 20 2002 and 21 remain in place.

[40:39] The tax rate remains the same as the

[40:41] well as the products that are being

[40:42] taxed. If the there is a a no votes in

[40:45] November, then everything remains the

[40:47] same. The '02 and '21 remain in place as

[40:50] is today.

[40:52] So, we're looking for direction tonight

[40:54] to add this ballot question to the

[40:56] coordinated election with Weld County on

[40:58] November 3rd.

[40:59] Um as I mentioned, we have had legal

[41:01] assistance review this.

[41:03] Um and just to kind of reiterate, it's no new taxes and it really provides

[41:07] you guys a city council flexibility to

[41:11] look at other opportunities that we can

[41:13] bring in and incentivize and or use for

[41:15] operations for some of those

[41:17] improvements that we've done uh in the

[41:19] past. So, with that, staff would

[41:21] recommend uh approval of the resol-

[41:23] resolution and I'd be happy to answer

[41:24] any questions you have.

[41:26] >> Okay, thank you, Brian. Appreciate it.

[41:27] Any questions or comments of staff?

[41:30] Actually, I do have a quick question.

[41:32] So,

[41:33] this was originally proposed in 2002.

[41:36] >> Yep.

[41:36] >> It was supposed to be on the ballot,

[41:38] never got

[41:39] on there as it was intended to be.

[41:41] Went out and got it in 2021, nobody

[41:43] caught it then.

[41:45] So, the question is, as you said, they

[41:48] vote no, where do we come up with any

[41:50] way that we can

[41:52] work any economic incentives for any

[41:55] major

[41:57] or future developments? Where does that

[41:59] come from?

[41:59] >> Well,

[42:00] um well, we would have to use, you know,

[42:03] for the non-food related items. So, we

[42:05] would have to look at other

[42:06] opportunities that that go um we would

[42:09] have and

[42:10] really how this all got brought up is as

[42:12] I'm working on an incentive policy for

[42:14] the city of Evanston we can attract new

[42:17] commercial development within our

[42:18] community. And this was identified as I dug down further and

[42:23] stumbled upon a document I noticed that

[42:25] this was not an available use. So that's

[42:27] why we're bringing it to you guys this

[42:28] evening to expand your opportunities to

[42:31] create that flexibility to utilize these

[42:34] funds for one operations but more

[42:36] importantly incentives that we can bring

[42:38] additional commercial development to

[42:39] Evanston.

[42:41] >> Mr. Mayor, I'd also throw out there if I

[42:42] may

[42:44] that there's there are other tools for economic

[42:48] development but they're a bit more

[42:49] cumbersome. So there's TIFs, tax tax

[42:52] increment financing that requires a URA.

[42:55] Brian and I have looked at that as to

[42:56] what what that means for other areas of

[42:59] the community as we as we work on the

[43:00] build out of of additional commercial

[43:02] economic development opportunities. And

[43:04] then there are other opportunities like

[43:06] um

[43:09] PIDs

[43:11] >> Public improvement districts.

[43:12] Thank you

[43:13] very much. Public improvement districts

[43:15] but again those things have to be

[43:18] the city council has to be petitioned

[43:20] for those and so the they are a little

[43:23] bit more cumbersome.

[43:24] Um but but those are just an example of

[43:26] a couple different alternatives that uh

[43:30] that exist out there but

[43:32] they do come with some nuances.

[43:35] >> Absolutely. No, I I mean I I agree with with that completely. I mean I just

[43:39] wanted to put it out there because what

[43:41] I wanted to reiterate is you know, in

[43:43] order for us to continue to grow and

[43:44] progress forward we need these

[43:46] additional tools in in in order to help

[43:49] us draw more businesses in and be more

[43:51] competitive with our you know,

[43:53] neighboring communities. I mean for a

[43:54] city like us to continue to grow just

[43:56] like all other communities out there

[43:58] they use economic incentives and all

[44:01] these incentives for these large

[44:02] businesses to come into their

[44:03] communities. So I I to you know, throw

[44:06] that out there because I know a lot of

[44:07] people like to see a lot more retail in

[44:09] here, larger developments and everything

[44:11] like that. This is one of those tools

[44:13] that we would be able to utilize to lure

[44:15] them into our community and, you know,

[44:17] and and help them, you know, be a part,

[44:19] you know, part of our community. So, I

[44:21] think this is a really good idea. I

[44:23] think this makes us really competitive,

[44:25] you know, with other communities to draw

[44:27] in more businesses and everything. And,

[44:29] you know, that that money can go a long

[44:30] way to hire more police officers, put

[44:32] more staffing out in the street, you

[44:34] know, for code enforcement, you know,

[44:38] everything that we we could utilize, you

[44:40] know, infrastructure [clears throat]

[44:41] improvements, etc. So, I really

[44:44] appreciate it. Thank you.

[44:45] >> And one of the things that, you know,

[44:46] pursuant to Brian's present Brian's

[44:48] presentation tonight is

[44:51] this is an existing tax. This is not a

[44:53] tax increase. And this is the only tool

[44:56] we have that is not a tax increase

[45:00] uh from where we're currently at. So,

[45:01] that is, I think, the

[45:03] one of the real one of the real valuable

[45:05] pieces of this is our tax rate is not

[45:07] increasing

[45:09] with the expansion of this opportunity.

[45:12] >> No, absolutely. And if we're going to be

[45:14] a community that's going to be reliantly

[45:17] heavy on sales tax and have a very, you

[45:20] know, small mill levy, this is a big,

[45:23] you know, advantage for us to use this

[45:25] and a tool to go forward. So, thank you.

[45:27] Appreciate it.

[45:28] What's number uh

[45:30] Councilmember Johnson.

[45:31] >> Um I am for this proposed ballot

[45:34] question. I have a question, though. Um

[45:37] granted

[45:38] Now, if it passes tonight, do we have um a

[45:43] marketing plan, like PR or what are we

[45:46] doing? Is there a plan in place, I

[45:48] should say, to ensure that this

[45:52] passes?

[45:56] » After tonight, staff's hands will be

[45:57] tied just a little bit. Um I have

[45:59] created a fact sheet if it does pass

[46:01] that I will distribute to Cody for um

[46:03] distribution so that way everybody at

[46:05] the front desk, customer service,

[46:07] everybody throughout our side that we

[46:08] can we can get the factual information

[46:10] that's as much as we can provide.

[46:13] Um if that it's if

[46:15] from that point on it's going to have to

[46:17] be um residents and and other people

[46:20] that are are are showing the support for

[46:22] this um ballot issue. We will provide

[46:24] the facts and that's what we can do. I

[46:25] apologize that we didn't get this in

[46:27] front. This all kind of stumbled across

[46:29] as I was I was hoping tonight I would be

[46:32] presenting incentive policies um but I

[46:34] think this is an important step to make

[46:36] sure our incentive policies align with

[46:38] what your guys' goals are as well as the

[46:41] city's for growth and how we can move

[46:42] forward.

[46:43] >> I agree. I I agree this is extremely

[46:45] important for our community especially

[46:47] as, you know, we methodically bring in

[46:49] new businesses.

[46:50] Um have we What what's the deadline for

[46:53] like the city to speak on this? Um and

[46:55] the reason why I say this because

[46:57] currently we have in our audience

[46:59] our um the executive director for the

[47:00] chamber so if we can recruit, you know,

[47:02] um partners and stakeholders to help us

[47:05] and I'm glad you're here today

[47:07] um so they can assist with this

[47:09] endeavor.

[47:11] >> Can you speak to that Ed of of when we I

[47:14] know we have to have the the ballot

[47:16] question to the county by the first part

[47:18] of September um but can you kind of

[47:20] guide us on on that process?

[47:21] >> Cuz there's typically like a deadline

[47:23] when it's like the city can't speak on

[47:25] it. Um

[47:27] in the past that has happened so I'm

[47:28] just curious to when that is.

[47:30] >> I don't have I don't have the the exact

[47:32] timeline in front of us. We do know that

[47:33] the window is very tight.

[47:37] >> It felt like September.

[47:38] >> Yeah.

[47:38] >> So we're good right now?

[47:40] >> Once it's pretty much

[47:40] >> It needed It needed to

[47:42] go on and be approved tonight in order

[47:44] to make sure that we hit the ballot

[47:46] because of the fact that we're

[47:49] uh the IGA that we have with the with

[47:51] Weld County. So

[47:52] um

[47:54] >> The ballot needs to be certified with

[47:55] the county by September 4th. And then we

[47:58] still need time before that to actually

[48:00] do the Spanish interpretation and get

[48:02] that certification before we certify the

[48:05] ballot. So, um tonight was basically the

[48:07] last night.

[48:08] >> Okay.

[48:09] So, speak Just kidding. No, thank you.

[48:11] Brian. I appreciate you.

[48:13] Thank you.

[48:13] >> Councilmember Neil.

[48:15] >> Along the line,

[48:17] are we planning on mailing out

[48:20] the fact sheet

[48:23] before they

[48:25] it hits the ballot?

[48:27] >> I I think we can look at avenues

[48:28] following tonight's approval and your

[48:30] guys' consideration for this. Once we

[48:32] have that, then we can look at avenues

[48:34] of of promoting it to um

[48:37] the factual information that we can

[48:38] provide.

[48:39] >> Well, it definitely needs to be promoted

[48:41] and we got a short period of time to try

[48:44] to

[48:45] convince the voters that this is needed

[48:48] to be changed.

[48:49] Originally, back in 2002, when this was

[48:52] passed

[48:54] or promoted,

[48:55] um the mantra from the city council

[48:59] and the mayors back then was always

[49:02] that development will pay for itself.

[49:05] And that

[49:07] climate has changed over the years to

[49:10] where you have to promote

[49:13] your city

[49:15] and its amenities to attract businesses.

[49:18] And

[49:19] I'm not entirely in favor of that

[49:24] aspect myself, but

[49:26] I I realize that this is what what

[49:29] people are doing in other communities.

[49:32] So,

[49:33] I am in favor of of

[49:35] uh

[49:35] trying to get this changed over.

[49:38] Um it's my understanding that

[49:41] by ordinance,

[49:43] they

[49:44] uh previous city councils had

[49:48] kind of

[49:49] added this to that without and that's

[49:52] why we are now

[49:54] because it was never put on the ballot,

[49:56] that's why we're putting it on the

[49:58] ballot, but I'm very concerned about the

[50:00] timeline, the narrow timeline to get

[50:02] this done.

[50:04] And get the information out to the

[50:06] voters.

[50:06] >> Yeah, like I said, I have the fact sheet

[50:08] already done, so we can start working.

[50:10] Um I apologize, it just it snuck up on

[50:12] us, and and we think this is the best

[50:13] opportunity to move forward and and the

[50:15] best time to do it.

[50:16] really is, and with and you know,

[50:18] kind of going back to the the incentive,

[50:20] if it really is performance-based. So,

[50:22] none of that is additional cost to the

[50:24] city. Um it'll be

[50:26] a a shareback agreement more so than us paying.

[50:29] >> It's just really unfortunate that we've discovered another thing that's

[50:36] uh

[50:37] should have been done 20 years ago

[50:40] and have to correct try to correct it

[50:42] and submit it to the voters in a short

[50:45] period of time.

[50:49] » It is.

[50:50] >> Thank you.

[50:50] Councilmember Neil.

[50:52] All right, any Not seeing any other

[50:53] additional questions or comments for

[50:56] staff, I would entertain a motion.

[51:04] All right, I have a motion and a second

[51:06] to approve resolution number

[51:08] 2025

[51:10] or 2025-2026

[51:13] referring to the proposed food sales tax

[51:15] ballot question to eligible electors of

[51:18] the city of Evanston at the November

[51:19] 3rd, 2026 coordinated election subject

[51:22] to final legal review and any necessary

[51:24] non-substantiated

[51:26] revisions.

[51:30] And that motion carries.

[51:31] All right, next report, city manager.

[51:34] Thanks, Brian.

[51:37] » Yes, Mayor and Council, just a couple

[51:39] things for you here tonight. In your

[51:40] packet, uh I have included a pretty

[51:43] lengthy

[51:45] uh city manager's update on various uh

[51:47] capital projects that we have. I just

[51:49] want to go over a couple of those with

[51:50] city council tonight. Uh, first off,

[51:52] concerning the police station

[51:53] construction, the city has taken

[51:55] possession of the new Evans Police

[51:56] Department building. Uh, they began

[51:58] moving in on August 10th. Got in pretty

[52:00] quick. Uh, we're in our second week of

[52:02] operations of of full police operations

[52:05] out of the new facility. Uh, with

[52:07] construction of the new facility sub uh,

[52:08] substantially completed, the project has

[52:10] transitioned uh, to renovation of the

[52:13] former space here at city hall. Uh, that

[52:15] will be the expansion of the

[52:16] administrative offices uh, with that

[52:18] completion scheduled for December of

[52:20] 2026.

[52:23] Uh, jumping down to uh, County Road 394

[52:26] culvert repair. Uh, that project has

[52:29] been awarded to Coyote Ridge

[52:31] Construction in the amount of

[52:33] $108,852.35.

[52:36] Uh, construction is anticipated to begin

[52:38] on or about August 24th. Uh, and is

[52:41] expected to take 2 weeks to complete

[52:43] weather permitting. So, uh, should have

[52:46] that uh, that road opened up here in the near future.

[52:51] 49th Street engineering studies. Uh,

[52:53] that project has been awarded to JR

[52:56] Engineering in the amount of $109,420.

[53:00] Uh, with work expected to begin after

[53:03] August 24th. So, uh, $109,420.

[53:07] I know at first we were we were really

[53:09] unsure what that was going to cost and

[53:11] then it was pulled down under 200 uh,

[53:13] 200,000. So, $109,490

[53:16] is uh, substantial decrease from where we initially expected these

[53:20] pre-design studies to come in at.

[53:24] Ridge Pond pump station. The engineering

[53:26] team is currently working on the

[53:29] internal review for all aspects of the

[53:30] project uh, to make sure that we have it properly scoped. Uh, after which

[53:36] time we get a RFP issued by on Bidnet

[53:39] uh, by the end of August uh, 2026. So,

[53:43] that's coming up here

[53:45] just in a couple of weeks. I hope to

[53:46] have that out on Bidnet [snorts] for

[53:49] consultant selection.

[53:52] Updates on a couple of upcoming

[53:53] community events.

[53:55] We have Heritage Days scheduled for

[53:57] Saturday, September 19th, 2026.

[54:00] And then we have the fall 2026 community

[54:03] cleanup event

[54:04] scheduled for Saturday, October 3rd,

[54:06] 2026.

[54:08] That'll take place from 8:00 a.m. to

[54:09] 4:00 p.m. at the First Avenue site. And

[54:15] Mr. Mayor, that's all I have tonight.

[54:17] >> Great, thank you, Cody. Appreciate it.

[54:18] All right, city attorney.

[54:21] >> Just briefly, Mayor. Um

[54:24] I continue to work with the city manager

[54:26] to

[54:27] one by one address

[54:28] issues that have come up and we are very

[54:31] successful, I believe,

[54:32] thus far.

[54:34] Come October, just to put it

[54:37] let you hear that in municipal court

[54:39] they're going to be adding an afternoon

[54:40] session for criminal matters and they'll

[54:42] be writing traffic tickets in the

[54:44] morning.

[54:45] >> Thank you. Thank you. Appreciate it.

[54:48] All right, moving on.

[54:53] Let's see.

[54:54] Council discussion.

[54:57] All right, so

[54:59] I just want to let you know be on the

[55:00] lookout for council in the next couple

[55:03] weeks. I'm going to be working with

[55:04] Julie Tempwich in HR to get the

[55:08] annual uh

[55:10] city manager evaluation out to you. And

[55:12] then later on after that will I know,

[55:15] you know, our city attorney's only been

[55:17] with us a short period of time, but

[55:18] we'll just give him a preliminary evaluation, you know, maybe

[55:22] about a week or two after that. So, be

[55:24] on the lookout for those coming through

[55:26] to you on your email. Other than that,

[55:28] that's all I have.

[55:30] Council member Johnson.

[55:32] >> Um, I just wanted to speak on the

[55:33] manager's report. I know we're in the

[55:36] midst of the 37th Street light um

[55:38] project. I just wanted to

[55:41] um

[55:42] this is

[55:43] touching on that subject but not just

[55:45] the street light component. I know we

[55:46] had discussed previously and this is

[55:48] some time ago there was an analysis made

[55:50] for um 29th and there um

[55:53] although we couldn't place like a speed

[55:56] bump or a stop sign, we considered a

[56:00] street light there because it is really

[56:02] dark on Anchor and 29th.

[56:04] And so I just wanted to see if there's a

[56:07] possibility to add that to that specific

[56:10] project just because I know it does take

[56:12] a year for us to order street lights.

[56:16] And I don't know if we can just add it

[56:18] to that.

[56:20] Granted this is something I'm bringing

[56:21] up from previous um council discussions

[56:24] that we had.

[56:26] Just bringing it back to the forefront.

[56:28] >> Yeah, I appreciate you bringing that

[56:30] back up. I'll I'll coordinate with

[56:31] engineering and then I'll get

[56:33] information out to the council on that.

[56:35] >> Perfect. Thank you.

[56:38] >> All right, Councilman O'Neal.

[56:40] >> Well, first uh Cody and Ed are we

[56:47] having any luck looking at uh re-

[56:50] being reimbursed uh

[56:52] for the the culvert repair?

[56:59] » So the culvert repair is is a

[57:01] interesting situation. Um

[57:03] I actually went out with the director of

[57:05] engineering to to look at it.

[57:07] And that made every bit of difference in

[57:09] the world. Uh essentially what you have

[57:12] is a situation where the culvert failed.

[57:15] Uh you have an individual that uh

[57:17] essentially did dig into that. However,

[57:21] um by law

[57:23] the city is responsible for uh the

[57:26] maintenance of that culvert and the

[57:28] subsequent replacement once it fails.

[57:31] Maintenance there is case law on it. So,

[57:33] in this instance, uh there will not be

[57:36] any ability to recover any um

[57:39] repair cost. Um

[57:41] so much time has passed to even

[57:44] determine what the amount of damage

[57:47] would have been done to the roadway

[57:50] um to accurately go after it.

[57:53] Plus the fact that uh it was already it

[57:55] had already failed.

[57:57] So, it it's a unfortunate situation that

[58:01] should have been

[58:03] addressed

[58:04] a long time ago.

[58:07] >> And I thought that uh

[58:09] the the was

[58:11] um

[58:12] technically the property of uh

[58:16] Dixie

[58:17] um

[58:18] water company or something.

[58:20] >> So, Dixie it was responsible for putting

[58:23] it in. The the the provider/owner is

[58:26] responsible for for it and when it goes

[58:28] in, but once it goes under that roadway,

[58:30] it becomes the responsibility whoever

[58:33] owns that roadway. In this case, it's

[58:34] the city and it's maintenance that is

[58:37] required and and maintenance includes

[58:39] end-of-life replacement.

[58:42] >> All right, thank you for that.

[58:44] Um the other thing I need to bring up is

[58:47] uh we

[58:49] uh received a substantial amount of information

[58:52] about the

[58:54] uh

[58:55] someone wanting the client's zone in the

[58:58] railroad

[58:59] again and

[59:01] um

[59:02] just wanted to reiterate that

[59:04] there were four members here on this

[59:06] council that were

[59:08] uh engaged in that discussion about 5

[59:12] years ago

[59:13] and

[59:15] um at that time it was just

[59:18] uh pretty cost prohibitive

[59:21] um at

[59:22] uh

[59:25] 1 to 2 million dollars per intersection.

[59:28] And

[59:29] the

[59:31] most effective thing that we could do

[59:33] would be to close 39th Street off

[59:35] completely. I note that CDOT has already

[59:39] recognized

[59:41] um

[59:42] a problem area there and

[59:45] uh done something to mitigate it by

[59:47] uh closing off access to

[59:50] going and turn making turns southbound

[59:54] on Highway 85 at that intersection.

[59:57] Um

[59:59] I don't know whether the council would

[1:00:01] want to pursue maybe doing a quiet zone

[1:00:04] there. I know the railroads are very

[1:00:06] acceptable to closing off

[1:00:10] uh

[1:00:11] little used intersections

[1:00:14] or crossings,

[1:00:16] uh but it's still

[1:00:18] would probably cost us a quarter of a

[1:00:20] million dollars to do that.

[1:00:23] Uh so I don't know whether there's any

[1:00:24] interest in that or checking into seeing what that would

[1:00:28] do what the cost would be to do that at

[1:00:31] this time, but uh

[1:00:33] since it's been brought up by a resident

[1:00:36] on the east side again

[1:00:38] uh I thought I'd bring it up and

[1:00:42] >> I am not in favor of that. It's

[1:00:44] cost-prohibitive, one. Two, the

[1:00:46] railroads do not have to abide by any

[1:00:49] quiet zone regardless of a municipality

[1:00:51] enforces one or not. They're

[1:00:53] federal railroads trump any state

[1:00:57] and municipal

[1:00:59] um noise ordinance. Um if they feel that

[1:01:04] they need to go through and blow their

[1:01:06] horn, they they absolutely have the

[1:01:07] right to do it. The railroads already

[1:01:09] made some progress in trying to mitigate

[1:01:13] train traffic stopping in larger

[1:01:15] communities such as Evans and Eaton and

[1:01:18] LaSalle and not have their trains parked

[1:01:21] in you know, in those intersections for

[1:01:23] a long period of times by already

[1:01:25] closing some of the county roads,

[1:01:27] especially up uh

[1:01:29] past uh

[1:01:30] um Alton Pierce to reduce that, but they

[1:01:33] still can do that if they need to

[1:01:36] because of their work and rest cycles. I

[1:01:38] don't think it's

[1:01:39] we don't have the budget for it. The

[1:01:41] railroads don't have to abide by it.

[1:01:44] And and and it's it's cost prohibitive.

[1:01:46] I mean, my my thing is too

[1:01:48] you you live in a community that's near

[1:01:50] a railroad, you own a house that you

[1:01:52] purchased

[1:01:54] that's by a railroad.

[1:01:56] And that's the unfortunate consequence

[1:01:58] of living near a railroad. You you will

[1:02:00] have train traffic going through and

[1:02:02] they will blow their horn.

[1:02:03] >> Well, I'm

[1:02:05] >> [clears throat]

[1:02:05] >> I'm not looking at it so much as a

[1:02:07] uh

[1:02:08] noise issue, it's a safety issue because

[1:02:10] there's no

[1:02:12] lights there or a signal there at that

[1:02:15] intersection. And it's

[1:02:17] uh

[1:02:18] very little used.

[1:02:20] Um because now now you can only go north

[1:02:23] on um Highway 85.

[1:02:26] But

[1:02:27] uh

[1:02:27] it it's still a safety concern

[1:02:30] um

[1:02:31] to me because there are there are no uh signals there or or gates

[1:02:38] to indicate that uh a train's coming

[1:02:41] through there.

[1:02:42] Uh

[1:02:43] >> From what I recall,

[1:02:45] um there weren't any um

[1:02:49] significant accidents or injuries to

[1:02:52] pedestrians or anything.

[1:02:54] So, for me

[1:02:55] we have other issues we need to worry

[1:02:58] about and I would rather put our money

[1:03:00] towards

[1:03:01] you know, the bigger issues that need to

[1:03:03] be addressed, especially on the east

[1:03:04] side, than shut down a street that might

[1:03:08] that some residents might get upset

[1:03:10] about. So,

[1:03:12] for me, I can't get behind that, uh

[1:03:15] shutting down a street.

[1:03:17] >> One one resident, but it's not multiple,

[1:03:20] so.

[1:03:21] >> Well, I'm just saying.

[1:03:23] You know, from what I understand, there

[1:03:24] were no big wrecks to bring it

[1:03:27] you know, make it worry.

[1:03:29] >> I think the police chief or the fire

[1:03:31] chief said there were were

[1:03:33] one pedestrian and one car

[1:03:36] over 26 years that he can remember, but

[1:03:40] so

[1:03:40] >> Anybody Anyone else?

[1:03:43] >> No.

[1:03:45] >> All right.

[1:03:46] Well, it doesn't seem like there's any

[1:03:47] interest from the council line.

[1:03:48] >> Well, thanks for Thanks for bringing it

[1:03:49] up though, Council member Niel. I

[1:03:50] appreciate it though.

[1:03:52] >> I'm just following it up with

[1:03:54] what the resident said, so.

[1:03:56] >> Absolutely. I appreciate that.

[1:03:58] Absolutely, 100%.

[1:04:00] >> So.

[1:04:01] >> All right, I'm not seeing anybody any

[1:04:03] other things for council discussion, so

[1:04:05] with that being said, I'm going to go

[1:04:06] ahead and adjourn the meeting. Thank

[1:04:07] you, everybody.

City Council Regular Meeting

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