[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.