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I'd like to call to order the board of
trustees regular meeting for Tuesday, o

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August 25th, 2026 at 7 am.
>> Michelle, can I get a roll call, please?

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» Mayor Turnis
>> here.

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» Mayor Prom Hutchkins
>> here. Trusty Einspark

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» here.
>> Trusty Schroeder

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» here.
>> Trusty Gaither

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» here.
>> Trusty Connley

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» here.
>> If you all rise to say the pledge of

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allegiance with me.

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Next up is unscheduled public comment.
Um, this would be for

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anything other than the matter that has
a public hearing this evening. Um, if

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there's anything else that someone would
like to get up to talk about, you will

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have five minutes
um to speak. When you come to the

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podium, please make sure the microphone
is on and that you state your first and

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last name and your address and spell
your last name for the record. I have

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one person that signed up for
unscheduled public comment. Jace.

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» Uh, Jace Wick, uh, 490 East Elm Street,
uh, W I C HT.

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Okay, so
I'm back again.

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Thank you for uh thank you for uh
listening to my concerns about the main

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street uh stuff and our ability to get
into our apartments. That hearing that

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uh made me really grateful and seeing
that uh a couple days ago that you

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actually listened
was very nice. But uh I again have

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something to complain about.
I it's the uh it's the uh I don't know

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the actual name for it, but like the
little stage area behind our apartments

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uh where like Brew Fest, the the market,
the Friday night markets or whatever

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where that those are all taking place.
Uh it's just quite frankly

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way too loud. It's it's uh it is almost
unbearable during when these events are

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happening and and it's like I don't want
these things to go away per se. I mean I

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feel like they can there are viable
things in our community, right? But it's

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an issue of I can't people shouldn't be
forced to deal with this every single

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week. you know, I I uh people have
issues where they can't, you know,

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handle it. Like I have autism, CPTTSD. I
can't handle these loud concerts going

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on every single week without fail. And
it's like I know they're all pretty much

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over now, but I know there's going to be
more events, more things happening. And

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it's like, how am I supposed to, you
know, live in the apartment that me and

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my girlfriend pay for when when every
single week without fail, I'm going to

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have this loud event always
showing up and there and it feels like I

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can't do anything about it but leave the
apartment that we are paying for. And

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it's like why why should I? I mean it's
a level of

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I you know it's like again I don't want
these to go away per se but I think it

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should be taken into consideration that
we need to uh have them at a lesser

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amount like every other week uh could
work month you know just not where it's

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happening every single week without fail
I mean how uh Uh last week we had the

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both the car show and the brew fest that
were where like the car show was on Main

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Street and the the Brew Fest was back
there. So it's like back toback days.

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I just had to just sit in my apartment
while while

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everything was being so loud and
concentrated into our apartments because

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I mean where else is the noise supposed
to go?

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You know, it's not fair to us that we
are because, you know, I think, you

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know, if this was a different city or
whatever, a different, you know, in a

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bigger city or whatever, I don't have
the room to complain. If this was

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Denver, this was Aurora, this was
Colorado Springs, I wouldn't have the

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ability to complain about this because,
you know, that's kind of what you expect

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from those cities. If you move into
downtown Denver, downtown Aurora,

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downtown Colorado Springs, and you're
bitching about noise, why are you there?

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But here where I didn't expect th this
to happen, it's annoying because

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inherently
when we moved in here, this wasn't

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something we were expecting. And if we
this was something that we were

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expecting I think we would have looked
into different areas like Denver like

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Aurora like Colorado Springs because you
know what's the point of moving out out

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here somewhere where it's inherently
very close-knit very you know quiet just

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to just for the [ __ ] just for like uh
just for a music act to come in every

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single week and just make it as loud as
Denver, Aurora, Colorado Springs, etc.,

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etc.,
you know, like why would I like why as a

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person would I move here if if that was
constantly happening? And like I have

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recorded videos of of times where I just
had to leave the house cuz it got too

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much. And uh I could like walk all the
way up to almost the graveyard, you

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know, the cemetery, and you could still
hear the band playing. And I don't think

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that's acceptable. I don't think I don't
think that should be acceptable for the

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for the town we are in to have that kind
of noise.

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That is all.
>> Thank you, Jace.

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Was there anyone else who would like to
speak during this unscheduled public

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comment?

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Paul Shoreskov, town of Elizabeth
resident.

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After the last board meeting
when uh

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the board of trustees actually turned
down a request for the high density

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housing on Banner Street.
The residents of Pine and Maine and

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Banner Street were overjoyed. You should
have seen them dancing in the streets.

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Of course, the question they asked next
was, "Well, what's next?

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What are they going to do?"
And I couldn't tell, couldn't answer

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that. I just said, "Well, they'll
probably let staff make the decision."

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And so my question to you, and their
question is to you, is

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how come you don't tell the staff what
you would like to see done with that

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property?

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Because
if you just wait for town staff to

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decide what to do, they'll provide you
with a a plan that you may not agree

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with either.
So they're saying,

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"Well, there's only two houses on the
block to the south. There's only two

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houses on the block to the east. There's
only two houses on the block to the

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north. How come they just don't copy
that?"

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I couldn't answer that,
but that's what they expect of you.

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Also, I got another question.

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I had a resident tell me that, well, the
code enforcement officer is going to his

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property and telling him he's got to mow
the city property between his fence line

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and the pavement.
And when he told them that it wasn't his

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property, that it was city property, the
code enforcement officer told him, "Yes,

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but it's your responsibility to take
care of it."

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Well, if that's true, how come the city
property along Main Street where the

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thistles are 6 feet tall? How come
they're not serving the mayor with a

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summons
to go to court over weed ordinance?

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She also told him that the judge
is demanding that she bring these

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properties into compliance.
Now, if the judge is going around town

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looking at properties

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and determining which properties need to
be brought into compliance,

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mind you, city property, adjoining
the private property.

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Well, I'd say he's overstepping his
bounds. And I would think that you would

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investigate and find out whether or not
the judge is actually doing this or

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perhaps it's the code enforcement
officer.

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Thank you.

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Thank you, Paul.
Is there anyone else that wishes to

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speak during unscheduled public comment?

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Okay, then we'll move on to agenda
changes.

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Chris, do you have any agenda changes?
>> There are none. Thank you.

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» Board, do did you have any agenda
changes?

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» No agenda changes. Uh therefore, the
agenda is set. Next up is our consent

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agenda. The minutes of the regular
meeting of August 11th, 2026.

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minutes of the special meeting of August
19th, 2026

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and the James Distilling Company LLC
temporary salesroom license. Are there

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any questions, comments, or corrections?
I know I have couple corrections in the

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minutes. Um

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um spellings of spelling of names
>> the um August 11th meetings.

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Um
page three of the minutes under public

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on the public hearing. Um
the last name of Turnis was spelled with

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two S's and should only be one. Um,
on number seven, the vote on that same

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page, Trustee Schroeder's name was
spelled wrong both for ordinance 2611

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and 2612.
And then

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trusteeio's
name, last name was spelled wrong on um

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page four of the minutes on the last
item

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under um
uh

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on the on your uh staff report.
Otherwise, everything was good. Did

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anybody else have any comments,
questions, or corrections?

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to the minutes or questions on the
distilling company.

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Okay, then I'll entertain a motion.
>> Put forth a motion to approve the

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consent agenda.
>> Second.

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Have a motion and a second to approve
the consent agenda. All those in favor,

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please say I. I.
>> I. All those opposed, please say nay.

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That motion passes unanimously.
Up next is a presentation,

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historic clock unveiling. Diana,

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good evening, mayor, mayor prom, and
trustees. Um, it's my honor tonight to

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present a clock to the board of trustees
from the family of Donald Shriner. Uh,

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one of the things that I love about my
job, um, working with Alex Kramer in the

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community development department is that
we get to get involved with the history

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of the town of Elizabeth. It's very rich
and our historic advisory board has been

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able to dig deep into the facts of the
the buildings and the people. And one of

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the things that we implemented a couple
years ago, historic advisory board, I

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add we to that, but it's uh the oral
history program. And through that, we've

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been able to get local residents to
share their stories and their history.

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Through part of that, one of our
historic advisory board members, Bob

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Rasmmanson, had a conversation with Lucy
Hoffines, who knows a lot about the

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history of our town. And through that
conversation, it was revealed that the

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depot clock from the original railroad
depot in the town of Elizabeth still

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existed with the family of Donald
Shriner.

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So through uh a period over the last
several months, we were able to um

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locate that clock and the family has
graciously donated it back to the town

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of Elizabeth. It's hanging today over
your shoulder. And what I would like to

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do is read the wording on the plaque so
that it's into our record tonight and

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then introduce to you a member of that
family.

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So the Elizabeth Depot clock is believed
to have served as the official station

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clock in the Elizabeth Railroad depot.
This historic time piece dates to the

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late 1800s and reflects the arrival of
rail service to Elizabeth in 1882.

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For more than 50 years, it marked the
time for railroad employees, travelers,

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and the growing community.
Displaying the word standard time, the

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clock represents the area era when
America's railroads introduced

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synchronized timekeeping to improve
safety and efficiency. Before electronic

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signaling, accurate depot clocks were
essential for coordinating train

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operations and avoiding collisions on
single track rail lines. When railroad

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service ended in 1936,
the depot was sold and dismantled, but

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the clock was preserved through the care
of local families.

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It was housed in Frank Garland service
station, later entrusted by Warren

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Garland to local collector Donald
Shriner and ultimately inherited by his

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daughter. Through the efforts of the
Elizabeth Historic Advisory Board, the

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clock was located in Wisconsin and in a
generous act of preservation, the family

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of Donald Shriner donated it back to the
town of Elizabeth. Today, the Elizabeth

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Depot clock remains as a lasting symbol
of Elizabeth's railroad heritage and the

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community members who preserved its
history for future generations.

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So, I'm happy and honored to introduce
to you Maryanne Anderson,

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and she uh will let you know her story
and her relationship to Donald Shriner.

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» Thank you. First of all, I'd like to
thank her for what she's done. I had no

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idea what my brother had this until my
niece Ladonna called and said, "I'm

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sending a clock to you that will hang
back where it belongs."

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So, I have a funny story I'm going to
share with you. My name is Maryanne

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Shriner Anderson. So, I'm going to share
a funny story. Where you guys are now

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sitting,
this is my aunt's and uncle's living

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room.

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So, many years ago, the Shriner Motor
Company, which is now the carriage

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house, was owned by my dad's two
brothers.

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It was the Shriner Motor Company. They
brought in their brand new cars in

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October. They covered them up.
My brother was 15 years old. They went

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to drove to Casser
and they would bring the cars. The

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sheriff stopped him one time. Wanted to
know what he was doing driving a brand

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new car cuz he was 15 years old, no
license.

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His name was Judge Roy Brown.

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And uh Don told him they were bringing
the new cars in. He said, 'Well, just

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drive careful.
Um, I am proud to say I've lived here

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all my life.
I know what all you guys know because

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this is why you live here. How good it
is to live here in Elizabeth. I

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graduated 60 years ago with 200 in our
red building.

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So, it's an honor to have this held
here.

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My brother enjoyed clocks. I assume
Warren Garland gave it to him cuz my

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00:19:26,080 --> 00:19:34,160
brother worked for Warren Garland. The
gas station was down on the corner. We

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00:19:31,360 --> 00:19:38,160
had a drugstore when I was here. We had
the Elizabeth Locker plant and they had

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00:19:36,000 --> 00:19:43,919
a swimming pool.
We also had

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uh Walmart for us which was called the
Merkantill.

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00:19:45,440 --> 00:19:53,520
My dad's sister and brother-in-law had
the red and white grocery store where

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00:19:51,120 --> 00:19:56,960
the tax shop was.
Um, a lot of good memories here. A lot

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00:19:55,360 --> 00:20:01,440
of good people that lived here. We knew
everybody. You didn't lock your car

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00:19:58,880 --> 00:20:06,320
doors. You didn't lock your house. It
was a fun time to be here. It's a unique

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00:20:03,919 --> 00:20:13,760
time. I have felt that I've been a
unique time. my um dad or my mom went to

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00:20:11,200 --> 00:20:19,520
school with my husband's
dad and at one time there was very few

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00:20:16,799 --> 00:20:24,080
people in lives but like I say all my
family was here my husband's family was

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all around brothers and sisters and they
said if the town of Elizabeth

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would grow the Andersons and the
Shriners would be related well we are so

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it has been we got a lot of family
history here of uh if my folks's family

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wasn't ranching, they had different
things here, different businesses than

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Elizabeth. It they helped Elizabeth grow
back in its day when the missile base

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came. That was an experience. You
couldn't walk across the street because

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the tra traffic was so heavy. But it was
a unique time to have grown up here. And

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I'm proud to pay I live in Douglas
County, have for 60some years, but I've

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always still been this is home. Thank
you very much. I greatly appreciate it.

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Thank you.

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00:21:24,000 --> 00:21:29,320
Well, that's the whole best part of the
meeting. Um

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um we're going to close the regular
meeting and go into the public hearing

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for Gold Creek Commons PUB First
Amendment. Alex. Yeah. Thank you, Mayor,

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00:21:42,640 --> 00:21:50,720
uh Mayor Protown, members of the board.
Uh tonight we have the Gold Creek

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00:21:47,440 --> 00:21:55,600
Commons Plan Development First Amendment
application. Uh, so the applicant, David

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00:21:53,440 --> 00:21:59,919
Bourne, representing the Steven and
Betty Gibson Charitable Remainder Trust,

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00:21:58,320 --> 00:22:04,400
requests that the board of trustees
approved an amendment to the Gold Creek

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Commons plan development. The plan
planning commission reviewed this

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00:22:05,760 --> 00:22:13,120
application last week at their August
18th meeting and voted unanimously 7 to

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zero to recommend approval to the board
of trustees. The amendment revises the

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00:22:15,679 --> 00:22:22,159
land use plan, the development
standards, and the housing mix

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established under the 2007 zoning, and
it is accompanied by an amended

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development guide that sets the
standards for each planning area. The

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00:22:27,600 --> 00:22:37,360
property comprises approximately of 56.4
acres on the north side of Highway 86

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within the town. Um, I have uh Mr. David
Bourne, um, the applicant's

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00:22:39,120 --> 00:22:46,640
representative here with us tonight that
I'll have come up and introduce himself.

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um and the owner and and the rest of the
project.

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00:22:51,120 --> 00:22:59,200
» Thank you, Alex. Mayor, Mayor Prom, uh
trustees, good evening. My name is David

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Bourne and I represent the applicant on
this project. Six months ago, this board

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approved the sketch plan for Gold Creek
Commons. During that meeting, however,

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members of the board challenged us to
determine whether there was a more

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00:23:10,960 --> 00:23:17,919
compatible project. While the approved
sketch plan reflected the development

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00:23:15,280 --> 00:23:22,720
rights established under the 2007
planned unit development, the question

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00:23:20,000 --> 00:23:26,559
was whether we could improve upon it.
Rather than proceeding directly into

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00:23:24,320 --> 00:23:30,559
preliminary plat, we accepted the
challenge. Over the past six months,

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we've worked extensively with town
staff, our consultants, referral

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agencies, and neighboring property
owners. The amendment before you tonight

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is the product of those conversations.
One of the questions raised during the

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sketch plan hearing came from Mayor Prom
Hutchkins who asked whether the

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00:23:45,360 --> 00:23:50,880
commercial area adjacent to the Simon
neighborhood represented the best

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00:23:48,880 --> 00:23:54,960
interest and the best transition or
whether there was a better solution. At

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00:23:53,360 --> 00:23:59,520
the time, we agreed a better solution
likely existed, but explained that

253
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making that change would require a PUD
amendment rather than a sketch plan.

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00:24:02,400 --> 00:24:08,559
This amendment is our response to that.
Nearly all of the commercial has been

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00:24:06,240 --> 00:24:12,720
relocated and concentrated along Highway
86 where it is most appropriate and

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00:24:11,039 --> 00:24:17,039
least disruptive to the existing
neighborhoods. In its place, we've

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00:24:14,880 --> 00:24:21,600
created a minimum 60-foot open space
buffer exceeding well beyond that in

258
00:24:19,360 --> 00:24:25,919
several locations to provide a more
compatible transition while also

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maintaining while also minimizing
impacts to the adjoining homes and

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00:24:28,000 --> 00:24:34,480
equestrian properties. Trusty Connley,
you also had some expressed some

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00:24:32,480 --> 00:24:38,799
concerns about the uncertainty
associated with more than 25 acres of

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00:24:36,720 --> 00:24:43,840
future commercial development. While the
traffic study projected anticipated

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00:24:41,039 --> 00:24:48,400
volumes, the size and location of that
commercial area left a broad range of

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00:24:45,760 --> 00:24:53,600
future uses and variables. This
amendment substantially narrow narrows

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00:24:50,720 --> 00:24:58,799
those variables. It reduces project
projected traffic by approximately

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00:24:56,159 --> 00:25:02,960
one-third and replaces more than 25
acres of potential commercial

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00:25:00,080 --> 00:25:07,440
development with a single 3.3 acre
neighborhood commercial site along

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00:25:04,559 --> 00:25:11,200
Highway 86. The result is a project that
is more predictable, more compatible,

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00:25:09,760 --> 00:25:15,360
and more appropriate for its
surroundings. We've also committed to

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continue working with the neighborhood.
Over the past six months, we've spent

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00:25:16,880 --> 00:25:23,600
countless hours doing exactly that. Not
every request could be accommodated, but

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many of the revisions before you are the
direct result of those conversations.

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00:25:26,000 --> 00:25:31,520
Last week, the planning commission held
its public hearing on this amendment.

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After hearing from staff and the public
in conducting its own discussions, the

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planning commission unanimously
recommended approval to the board. We

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00:25:38,000 --> 00:25:43,679
recognize that no development proposal
resolves every concern, and we know

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00:25:42,159 --> 00:25:48,400
there are still issues on which
reasonable people may disagree. We also

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00:25:46,480 --> 00:25:51,919
believe though that this amendment
reflects the comments made by the board

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00:25:50,159 --> 00:25:55,200
during the sketch plan hearing, the
input we've received from the

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neighborhood over the past 6 months, and
the recommendations of town staff and

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00:25:56,880 --> 00:26:04,960
the planning commission. The approved
sketch plan remains available to us. We

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00:26:03,279 --> 00:26:09,679
are here tonight because we believe this
amendment is a more thoughtful, more

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00:26:07,120 --> 00:26:14,000
compatible, and more responsive plan for
this property. And we respectfully ask

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00:26:11,679 --> 00:26:18,159
for your support. With me tonight, I
have Chris McGran, our traffic engineer,

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00:26:16,080 --> 00:26:21,760
Garrett Bales, our civil engineer, and
Don Ryan, our planner, to stand for any

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00:26:20,080 --> 00:26:26,240
detailed questions you may have, and I'm
also available after to hear to answer

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00:26:24,320 --> 00:26:29,960
any questions you may have for me. Thank
you.

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00:26:26,720 --> 00:26:29,960
» Thank you.

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00:26:31,600 --> 00:26:43,640
» This is the time for public comment.
Um, and I have one person that signed

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00:26:37,679 --> 00:26:43,640
up. Is it Renea Oar? Rene,

291
00:26:45,279 --> 00:26:56,080
» you will have three minutes.
>> Renee Oar, O as in olive, apostrophe B

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00:26:52,799 --> 00:26:57,679
as in boy, A R. Uh, do I give my address
as well,

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00:26:57,279 --> 00:27:02,320
» please?
>> 40305

294
00:26:59,200 --> 00:27:07,520
Margaret Drive. Um, I'm a resident of
Elbert County, so not in the town of

295
00:27:05,120 --> 00:27:12,000
Elizabeth, but um, I do have a question
actually for you, Dan.

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00:27:09,360 --> 00:27:16,720
» David. David, I'm so sorry, David. Um,
and it's can the staff provide a

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00:27:14,080 --> 00:27:21,919
side-by-side comparison of currently
approved plan and the amendment,

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00:27:18,960 --> 00:27:28,400
specifically peak hour traffic, um,
including school school times. Um, and

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00:27:25,279 --> 00:27:32,240
then total annual water demand. Um, does
the amendment increase or decrease the

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water usage and what is the source of
that water?

301
00:27:33,679 --> 00:27:39,120
So
>> if it's okay to

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00:27:37,279 --> 00:27:41,679
when public hearing is done, I'll have a
chance to rebut everything. Okay.

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00:27:40,720 --> 00:27:44,799
Respond
>> if if you that's and I'll respond to

304
00:27:44,320 --> 00:27:48,279
that.
>> Great. Thank you.

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00:27:49,600 --> 00:27:59,039
» Is there anyone else who did not sign up
that would like to speak? If so, please

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00:27:54,240 --> 00:28:04,320
come to the podium, state your name and
address, and spell your last name for

307
00:28:01,120 --> 00:28:04,320
the record, please.

308
00:28:10,559 --> 00:28:17,200
Hi, I'm Carter.
>> Is it on?

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00:28:14,399 --> 00:28:23,840
» Thank you. I'm Karen Carter. I've lived
in the Simron neighborhood since 1997.

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00:28:20,720 --> 00:28:30,480
Um, myself and seven other Simron
residents came together. We met with 36

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00:28:27,360 --> 00:28:35,840
of our neighbors and educated them on
this project. We also had several

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00:28:32,960 --> 00:28:42,960
meetings with the developers about our
requests and what we really needed to

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00:28:38,960 --> 00:28:48,559
see happen. Um, we have a saying when we
meet, who are you going to be mad at?

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00:28:46,559 --> 00:28:52,799
The property owner that has every right
to sell the property or the developer

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00:28:51,039 --> 00:28:58,240
that has every right to develop the
property. We went in with that attitude.

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00:28:55,840 --> 00:29:02,320
We talked to them about water. We talked
to them about lights. We talked to them

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00:29:00,159 --> 00:29:06,720
about traffic. The commissioners
supported us in our rural neighborhood

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00:29:04,960 --> 00:29:11,440
to not let all the traffic come through
our neighborhood. We are in

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00:29:09,520 --> 00:29:18,159
conversations and emailing the
commissioners to please work with all of

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00:29:13,840 --> 00:29:22,799
you on road 13 because when we look at
this development and any development

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00:29:20,399 --> 00:29:27,919
that comes into Elbert County, we
respectfully request you to look at

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00:29:24,720 --> 00:29:32,880
infrastructure, to look at your budgets,
to look at what money you have. We

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00:29:30,399 --> 00:29:39,039
cannot be in Dr. Cog yet where the state
will help fund some of that, but we can

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00:29:35,760 --> 00:29:44,320
look at the future. Road 13 connects
directly to this property and 86 will be

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00:29:42,559 --> 00:29:49,200
a cluster.
We are not going to stand up here and

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00:29:46,880 --> 00:29:52,640
say we're ecstatically happy about this,
but we're not going to say that the

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00:29:50,720 --> 00:29:57,120
developer did not work with us. They
were respectful. They were wonderful and

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00:29:54,799 --> 00:30:02,799
they reduced their commercial. They
reduced a lot of everything that they

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00:29:58,960 --> 00:30:07,760
could and gave us buffers.
If you need the names of the people, I

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00:30:04,640 --> 00:30:11,000
have a list. Okay. Thank you.
>> Thank you.

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00:30:12,799 --> 00:30:21,480
Was there is there anyone else that wish
to speak? This is your opportunity.

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00:30:27,760 --> 00:30:33,200
Paul Schwarz, town of Elizabeth
resident.

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00:30:31,200 --> 00:30:38,159
Uh
if you read your packet

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00:30:36,080 --> 00:30:44,640
as I did,
it states that third 30% of uh

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00:30:42,640 --> 00:30:49,120
the property would be open space. In
other areas, it says only 20% of the

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00:30:46,799 --> 00:30:54,240
property will be owner
open space.

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00:30:51,520 --> 00:31:01,279
It also states
that uh 3.2 units per acre in the

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00:30:59,039 --> 00:31:09,440
housing. Well, that includes all the
commercial too and the roads. So, it's a

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00:31:05,279 --> 00:31:15,200
flawed comparison.
Now, one thing they state in there is

340
00:31:13,520 --> 00:31:21,600
that, oh, we're going to bring in so
much tax revenue and and and

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00:31:18,720 --> 00:31:25,679
all of that and things will be lovely.
They don't tell you that, yeah, it's

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00:31:23,360 --> 00:31:29,760
going to require drilling a new well.
It's going to require hiring more public

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00:31:27,520 --> 00:31:34,559
works, going to require more officers,
more calls for service from the police

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00:31:31,600 --> 00:31:38,080
department. They don't tell you that in
their report.

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00:31:36,640 --> 00:31:43,039
Of course not. That's not what they're
looking for.

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00:31:40,399 --> 00:31:48,399
So the question is,
why did they go for the sketch plan if

347
00:31:45,840 --> 00:31:53,840
they were then intending on coming back
and asking for higher density?

348
00:31:52,080 --> 00:31:59,600
How come they just didn't cut down on
the,

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00:31:55,679 --> 00:32:06,159
you know, address the neighbors concerns
about buffering and reduce the size of

350
00:32:03,360 --> 00:32:13,120
the commercial area? No. No. They had to
increase the number of residential.

351
00:32:10,080 --> 00:32:18,960
There's no way that
the that the concerns of the residents

352
00:32:15,519 --> 00:32:27,279
were addressed properly. It was well
what can we get maximum?

353
00:32:23,200 --> 00:32:31,120
So question to you should be
how come

354
00:32:29,360 --> 00:32:36,080
they didn't anticipate market
conditions?

355
00:32:32,720 --> 00:32:41,679
Is it the town's responsibility to
alleviate

356
00:32:37,679 --> 00:32:45,720
failure to anticipate market conditions
on commercial properties?

357
00:32:45,919 --> 00:32:56,120
I don't think so.
He should be held to his original plan

358
00:32:51,919 --> 00:32:56,120
or at least the original densities.

359
00:32:56,320 --> 00:32:59,559
Thank you.

360
00:33:05,919 --> 00:33:14,120
Thank you, Paul. Is there anyone else
that wishes to get up at this time and

361
00:33:11,120 --> 00:33:14,120
speak?

362
00:33:16,559 --> 00:33:24,000
Okay. Then
>> yeah, I'd keep the public hearing open

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00:33:21,760 --> 00:33:24,960
for the developers rebuttal.
>> Yes.

364
00:33:24,399 --> 00:33:27,600
» Yes.
>> Whenever that you ready for that?

365
00:33:27,120 --> 00:33:31,039
» Yes.
>> Okay.

366
00:33:29,519 --> 00:33:35,440
» Um, thank you for everybody who came and
spoke. I want to address just a couple

367
00:33:32,480 --> 00:33:40,080
comments that made the question Rene
that you had about the uh peak traffic

368
00:33:38,000 --> 00:33:45,200
comparison in the application packet. We
do have a tra uh two things. We have a

369
00:33:41,760 --> 00:33:50,080
full a traffic impact study. We also as
one of the exhibits have um a traffic

370
00:33:47,600 --> 00:33:55,200
count comparison between the approved
sketch plan and this proposal. Um I have

371
00:33:53,360 --> 00:34:00,559
traffic engineer here. So just I'll go
and you correct me if I say anything

372
00:33:56,399 --> 00:34:06,720
wrong. It shows both um peak and off-
peak traffic. It also shows new and

373
00:34:03,760 --> 00:34:12,240
what's the other word?
>> Okay,

374
00:34:08,240 --> 00:34:15,679
I'm I'm off the deep end now. Um
there's two classifications of traffic

375
00:34:13,679 --> 00:34:21,599
that it shows. Depending on which one
you look at, it demonstrates a decrease

376
00:34:17,919 --> 00:34:25,839
of between 34 and 32% this proposal
versus the sketch plan. And I think Alex

377
00:34:23,919 --> 00:34:31,119
might have that if I don't know if you
have a print out available or it it is

378
00:34:29,280 --> 00:34:34,159
online in the packet if if you can show
it, but it it was part of our

379
00:34:32,560 --> 00:34:36,879
application. The second question you
asked was about water. We don't

380
00:34:35,679 --> 00:34:40,960
necessarily have a study that
demonstrates here's the exact amount of

381
00:34:38,879 --> 00:34:46,639
water that's going to be issued per use.
When the PUB was approved in 2007, um

382
00:34:44,560 --> 00:34:49,599
the owner had to agree that all of the
water rights and shares that were that

383
00:34:48,480 --> 00:34:54,000
ran with the property would be
transferred to the town of Elizabeth in

384
00:34:51,679 --> 00:34:58,000
exchange for the proposal of what was
going to be what was going to be

385
00:34:55,760 --> 00:35:01,200
developed that they determined and the
water shares were going to be sufficient

386
00:34:59,119 --> 00:35:04,960
to service that and in excess. The town
has been using those water rights for

387
00:35:02,480 --> 00:35:10,320
the past 20 years. the proposal that we
have, and this is not as precise a

388
00:35:07,440 --> 00:35:14,960
science as traffic count, but usually
commercial uses about five times the

389
00:35:12,480 --> 00:35:17,200
water usage as residential. There's big
swings in there and there's big

390
00:35:15,920 --> 00:35:21,680
variable, but that's kind of a general
rule of thumb. And we've reduced um the

391
00:35:20,000 --> 00:35:25,440
commercial from about 25 acres to about
3 acres. Additionally, a lot of the

392
00:35:23,760 --> 00:35:31,520
restrictions that we voluntarily placed
on the residents include water

393
00:35:28,320 --> 00:35:36,960
management um clauses in terms of
landscaping and and uses. Um I think

394
00:35:34,320 --> 00:35:40,480
those are your two questions. Um the
other question Paul you had mentioned

395
00:35:38,640 --> 00:35:45,680
open space. I believe the and Don's
here. He can answer the number is 30% of

396
00:35:42,960 --> 00:35:49,520
the property is now open space. The
requirement in the PUD I believe was

397
00:35:47,359 --> 00:35:52,880
5.5%.
Um, Don, correct me if any of those

398
00:35:51,520 --> 00:35:56,240
numbers are wrong. I think the big
question, and Paul, you said it very

399
00:35:54,320 --> 00:36:01,680
eloquently, why are we really here? If
we had the sketch plan and we had it

400
00:35:58,240 --> 00:36:05,920
approved, why are we here? Um, there was
a very wise man at the sketch plan

401
00:36:03,839 --> 00:36:11,280
hearing who also spoke about this and he
said, um, the changes that are required

402
00:36:09,040 --> 00:36:15,040
are sufficient, and I quote, a PUD
amendment should be required for you to

403
00:36:12,960 --> 00:36:18,240
approve this. followed up by saying
they'd have half the opposition if they

404
00:36:16,720 --> 00:36:23,760
would just take the commercial off the
west side. That wise man was also Paul.

405
00:36:21,200 --> 00:36:29,359
Um so he he brought both of those
comments that I think really helped us

406
00:36:25,440 --> 00:36:33,680
further this um discussion. So and I'm
open to any other questions that you may

407
00:36:31,760 --> 00:36:37,240
have at this time as well as any of my
consultants and engineers.

408
00:36:38,640 --> 00:36:47,440
Corey, is this where we need to ask
additional questions or do that next?

409
00:36:45,280 --> 00:36:51,520
» You can close the public hearing and ask
questions if if you want to go to

410
00:36:50,000 --> 00:36:57,119
deliberations.
>> Okay. Well, I have some questions before

411
00:36:54,800 --> 00:37:00,119
» that then.
Um

412
00:37:02,640 --> 00:37:13,839
it in the development plan it talks
about the single family detached as the

413
00:37:10,400 --> 00:37:21,200
shift toward a primarily single farm
family detached residential program with

414
00:37:18,160 --> 00:37:27,119
uh single family attached housing
limited to planning. Area two is more

415
00:37:24,800 --> 00:37:31,680
consistent with the character of the
surrounding residential. So, is that

416
00:37:29,680 --> 00:37:36,720
planning area number two going to
include both single family attached and

417
00:37:34,320 --> 00:37:39,920
single family detached?
>> I'm glad you brought that up, mayor,

418
00:37:38,000 --> 00:37:42,560
because that was one of the one of the
other items of feedback that came back

419
00:37:41,359 --> 00:37:46,880
from the sketch plan that we didn't
address necessarily in the comments. Um,

420
00:37:44,720 --> 00:37:51,119
the original sketch plan allowed for two
planning two residential planning areas.

421
00:37:48,720 --> 00:37:56,800
One had a minimum of 6,000 square foot
detached homes. The other had minimum of

422
00:37:53,839 --> 00:38:03,680
4,500 ft detached homes, but also
allowed for 3500 ft minimum lotsized

423
00:38:01,040 --> 00:38:10,800
attached homes. Uh the sketch plan that
we provided had the 134 homes and I

424
00:38:06,079 --> 00:38:15,119
think it was 52 and 82 detached versus
attached. Consistent feedback not only

425
00:38:13,359 --> 00:38:19,920
from the trustees but also from many of
the neighbors that we spoke to said they

426
00:38:16,880 --> 00:38:25,440
didn't like the attached product. it
felt a little too high density for this

427
00:38:22,880 --> 00:38:28,480
type of setting. Uh as you know there
was a lot of opinions you know some hey

428
00:38:26,960 --> 00:38:32,000
they should be fiveacre minimum lots
that obviously wasn't something that was

429
00:38:29,839 --> 00:38:37,920
economically feasible but we did agree
that um the challenge with the existing

430
00:38:35,680 --> 00:38:42,480
sketch plan was that those residences
were isolated to specific acreage. If we

431
00:38:40,880 --> 00:38:47,680
could expand the acreage where we could
put the homes we could spread them out

432
00:38:44,720 --> 00:38:54,560
and have more detached homes. So right
now the amendment shows um I think we're

433
00:38:51,359 --> 00:39:00,800
allowed to have a maximum of 10 attached
homes total and those would be allocated

434
00:38:57,760 --> 00:39:05,520
or isolated in residential planning area
2 I believe is the right number which is

435
00:39:02,880 --> 00:39:09,839
the area directly north of the
commercial space. So the the closest to

436
00:39:07,680 --> 00:39:13,280
Highway 86 furthest away from the
existing homes.

437
00:39:11,520 --> 00:39:22,880
» Okay,
that makes more sense. Um, and then

438
00:39:19,280 --> 00:39:30,480
why why did you choose a 14 pump gas
station and convenience store to

439
00:39:25,440 --> 00:39:35,200
determine um the traffic on the
commercial acreage?

440
00:39:32,320 --> 00:39:38,720
» Um, I think great question. Um, one of
the things we did when we went through

441
00:39:36,560 --> 00:39:43,119
the commercial, there were a number so
and I'm going to give a long preamble

442
00:39:41,040 --> 00:39:46,640
before I get to the answer. Um there
were a number of uses on the commercial

443
00:39:44,960 --> 00:39:50,560
list that were unappealing to a lot of
the neighbors. They included I think a

444
00:39:48,560 --> 00:39:54,320
liquor store, nightclub, some of the
things that in discussions we said in

445
00:39:52,800 --> 00:39:57,920
our proposal we're going to remove those
from acceptable uses. Gas station

446
00:39:56,320 --> 00:40:01,839
convenience store is one of them. The
reason why we use that in the traffic

447
00:39:59,280 --> 00:40:06,880
study, it is one of the highest traffic
uses that could be placed on that site.

448
00:40:04,720 --> 00:40:10,560
Uh, Trusty Connley, that was one of the
things that you had brought up

449
00:40:08,079 --> 00:40:15,280
frequently that you're putting these um
you get 25 acres of commercial. The

450
00:40:13,040 --> 00:40:20,720
range of what could be put on there is
pretty wide. If it's something like a

451
00:40:18,640 --> 00:40:25,599
gas station, it's going to use a lot of
cars. It's going to have a lot of

452
00:40:21,920 --> 00:40:28,720
traffic. If it's something like a,
you know, I don't know, a remote work

453
00:40:27,119 --> 00:40:33,680
office, it's going to have significantly
less. But the variable is really great.

454
00:40:31,680 --> 00:40:38,720
We selected something with the highest
possible or one of the highest possible

455
00:40:36,079 --> 00:40:43,280
traffic counts to use in our study. So
when the reality comes in, it's not

456
00:40:40,880 --> 00:40:48,720
going to be more than that.
>> Okay. So that is not necessarily what

457
00:40:46,240 --> 00:40:53,040
you're seeking to to put on there.
>> It is one of the allowed uses. We are

458
00:40:50,480 --> 00:40:57,680
not proposing here what what exactly is
going to go there.

459
00:40:55,359 --> 00:41:05,760
» Okay. Yeah, that was one of my other
things because this is a commercial use

460
00:41:03,119 --> 00:41:11,599
commercial mixeduse area
or because it's in the PUB is that why

461
00:41:09,599 --> 00:41:17,200
then you can put a gas station in there
because in our normal ordinances

462
00:41:14,800 --> 00:41:23,599
in commercial mixed use a gas station
isn't allowed. It has to be in um

463
00:41:20,640 --> 00:41:28,079
regional commercial or light industrial.
So it is so a gas station commercial a

464
00:41:26,079 --> 00:41:34,720
gas station convenience store is one of
the specific allowed uses on this PUD.

465
00:41:32,079 --> 00:41:38,720
It is not one of the ones that was
egregiously offensive to the neighbors

466
00:41:36,240 --> 00:41:47,359
that we selected to remove.
>> Okay. Um then I just have a couple of

467
00:41:43,520 --> 00:41:52,000
questions about the both the housing
maximum height and the commercial

468
00:41:49,359 --> 00:41:59,359
maximum height because both of those to
me on the housing you've got a maximum

469
00:41:55,040 --> 00:42:08,240
height of 35 ft and on the commercial a
maximum of 40t which um both of those

470
00:42:03,280 --> 00:42:14,880
will dwarf anything around them. Um, and
to me that's too massive. And we don't

471
00:42:10,640 --> 00:42:18,560
allow that in any other and I I
understand this is a PUD and it has

472
00:42:16,640 --> 00:42:25,200
different rules, but we don't allow that
in any of the other

473
00:42:20,480 --> 00:42:30,000
» um areas. So I'm curious why that much
height. So, I I think a couple things

474
00:42:27,440 --> 00:42:35,280
when we evaluated the PUD, we tried to
identify the things that really gave um

475
00:42:32,800 --> 00:42:40,880
I'm going to say the board and the
neighbors serious heartburn. Um, and a

476
00:42:38,640 --> 00:42:45,040
lot of that was the product product
type, the attached product, the

477
00:42:42,880 --> 00:42:49,119
proximity to the existing homes, the
proximity of the commercial to the

478
00:42:47,200 --> 00:42:52,000
existing homes, the volume of the
commercial, and the traffic that it

479
00:42:50,720 --> 00:42:55,920
generated.
We didn't go line by line and try to

480
00:42:54,319 --> 00:43:00,480
identify every single thing to rewrite
the entire PUD. Okay? Not only for our

481
00:42:58,240 --> 00:43:04,960
sake, our sake, but for yours as well.
So, a lot of the elements we left in

482
00:43:02,000 --> 00:43:08,160
there, we did in um reinforce some of
them that we felt were lacking. There's

483
00:43:06,640 --> 00:43:12,960
some elements in there where we changed
language about landscaping, where we

484
00:43:10,400 --> 00:43:16,960
changed language about um I think the
fire protection and fire mitigation. Um

485
00:43:15,680 --> 00:43:21,119
there was some language that we changed
about water wise because those were the

486
00:43:18,880 --> 00:43:26,960
things that came up as sensitive issues
with the discussions that we had with

487
00:43:22,960 --> 00:43:31,920
regard to it dwarfing. I think the um
I think the concern that we really tried

488
00:43:29,440 --> 00:43:35,760
to address was the compatibility and the
transition between the existing

489
00:43:33,200 --> 00:43:40,800
neighbors into ours. We know it's not
going to be, you know, it's not going to

490
00:43:38,720 --> 00:43:45,440
make everybody happy and and that would
be very difficult to do. What we really

491
00:43:42,640 --> 00:43:49,280
thought was important to address that
issue which is the compatibility and

492
00:43:46,880 --> 00:43:55,440
that's either height or you know width
or attached um was the buffer between

493
00:43:53,280 --> 00:43:59,920
the equestrian property on Simmeron
which find which makes our western

494
00:43:57,040 --> 00:44:03,920
border and ours. So we were able to put
a 60oot buffer an open space buffer

495
00:44:02,640 --> 00:44:08,240
between their property and the next
nearest property. That means on that

496
00:44:06,560 --> 00:44:12,480
property, so if somebody puts a home
there, their back fence is 60 ft away

497
00:44:11,040 --> 00:44:16,960
from their neighbor's back fence, the
the existing Simron neighbor, but they

498
00:44:14,400 --> 00:44:21,359
also have a 25 ft buffer or 25 ft
setback from that fence to where their

499
00:44:19,440 --> 00:44:25,680
structure would be. So that means that
the nearest structure would be 85 ft

500
00:44:23,760 --> 00:44:28,480
away from the neighboring property line.
And many of those properties are a few

501
00:44:27,359 --> 00:44:32,880
hundred feet away from their own
property line. So I think that was what

502
00:44:30,640 --> 00:44:38,720
we were really going for to ease the
compatibility, not necessarily going and

503
00:44:35,440 --> 00:44:43,160
adjusting every element of the existing
uh landscape and architectural

504
00:44:40,160 --> 00:44:43,160
guidelines.

505
00:44:43,359 --> 00:44:51,920
» Okay. And then I know in the original
agreement it talked about uh basically a

506
00:44:50,160 --> 00:44:55,920
metro district. Mhm.
>> Um

507
00:44:53,760 --> 00:45:01,280
and
so it looks like you're still going to

508
00:44:58,800 --> 00:45:04,000
look at doing a metro district for the
infrastructure.

509
00:45:02,160 --> 00:45:08,000
» Yeah, I I would say that falls under the
same category. That's something that's

510
00:45:05,920 --> 00:45:12,960
in the existing PUD. We've left it in
the PUD. We will explore to see if that

511
00:45:11,040 --> 00:45:15,680
makes sense. Again, if it's compatible
with

512
00:45:14,079 --> 00:45:19,200
» what's going to be built there and who's
going to live there, but we haven't done

513
00:45:17,200 --> 00:45:27,599
anything to pursue that at this time.
>> Okay. Um, and I know that in I think

514
00:45:23,280 --> 00:45:34,160
it's in the original one, it talks about
that the commercial property, the roads

515
00:45:31,040 --> 00:45:42,160
in there are going to be um private
roads. Um, is that still the intention

516
00:45:39,440 --> 00:45:47,359
that the roads in the commercial area
will be private roads?

517
00:45:45,920 --> 00:45:52,560
» I'm going to admit you stumped me on
that one. Okay. Um,

518
00:45:50,000 --> 00:45:56,160
and and maybe Don, I don't know if you
know the answer to that.

519
00:45:54,160 --> 00:45:57,680
» Okay, I brought somebody smarter than me
to answer that. Let me have Don answer

520
00:45:57,359 --> 00:46:04,880
that.
>> Thank you,

521
00:46:00,560 --> 00:46:10,240
» Don Ryan with LII Design Group. Uh, so
the the property for the commercial is

522
00:46:07,680 --> 00:46:16,880
limited to 3.3 acres. That's a
relatively small site. In addition, that

523
00:46:14,079 --> 00:46:21,520
particular parcel has some constraints.
It has the flood plane. It has the

524
00:46:19,839 --> 00:46:26,079
existing sewer easement that runs
through it. So, the effective net area

525
00:46:24,480 --> 00:46:32,000
of that commercial area is actually
smaller than 3.3 acres. There's really

526
00:46:29,200 --> 00:46:38,000
not enough room to put a private street
per se in that parcel.

527
00:46:34,400 --> 00:46:42,560
» Okay. Um, I believe that I in my
experience

528
00:46:39,520 --> 00:46:48,079
you could maybe have two uses in that
parcel, but more likely there will just

529
00:46:44,880 --> 00:46:52,000
be one use, one commercial use in that
3.3 acre parcel.

530
00:46:50,400 --> 00:46:55,240
» Okay,
thank you.

531
00:46:55,599 --> 00:47:03,359
» Does anybody else have questions for the
applicant?

532
00:47:00,960 --> 00:47:04,640
» I don't have any questions.
>> Okay.

533
00:47:03,839 --> 00:47:07,800
» All right. Thank you.
>> Thank you.

534
00:47:09,680 --> 00:47:20,640
Then at this time, we will close the
public hearing

535
00:47:15,599 --> 00:47:25,040
and go into new business at 7:46
p.m.

536
00:47:22,480 --> 00:47:31,359
And we're in new business discussion and
possible action on ordinance 2613,

537
00:47:29,040 --> 00:47:35,760
an ordinance amending the planned unit
development zoning for the property

538
00:47:34,000 --> 00:47:41,200
generally known as the Gold Creek
Commons PUD.

539
00:47:37,839 --> 00:47:46,200
Alex, did you have anything to add?
>> I I do not, but I'm open to any

540
00:47:43,200 --> 00:47:46,200
questions.

541
00:47:47,440 --> 00:47:55,760
James, can I ask you a question on the
um where it talks about um and this is

542
00:47:53,839 --> 00:48:02,319
under the
fire stuff um about the 60,000 gallons

543
00:48:00,079 --> 00:48:08,960
and 180,000 gallons. Does that mean
there will be storage town owned storage

544
00:48:05,839 --> 00:48:12,960
water storage tanks on that property? uh
currently at this time. I know there's

545
00:48:10,319 --> 00:48:20,720
there was some discussion when uh Mike
was still with the town um for that.

546
00:48:18,400 --> 00:48:25,520
There's also some discussion on um
serviceability on uh sanitary sewer that

547
00:48:23,760 --> 00:48:31,280
you know later on down the road with
design um would would come up at some

548
00:48:28,160 --> 00:48:38,160
point, but I I'm not too clear on if
that's the 60 uh and 100,000 gallon

549
00:48:35,520 --> 00:48:42,960
holding capacities of the current lift
stations

550
00:48:39,760 --> 00:48:46,319
um that we have in place. Um so I I'd
have to look into that.

551
00:48:44,559 --> 00:48:49,839
» Okay. Thank you. And I and I would just
say this, practically speaking, things

552
00:48:48,160 --> 00:48:53,280
like water storage are addressed at
subdivision. Okay?

553
00:48:50,960 --> 00:48:58,319
» So it'll be at that point where
>> the water storage needs would be would

554
00:48:55,440 --> 00:49:02,960
be evaluated and if necessary, those
would be obligations to the developer.

555
00:49:00,240 --> 00:49:06,200
» Okay. Thank you.
Any other

556
00:49:06,559 --> 00:49:11,240
questions or comments?

557
00:49:12,640 --> 00:49:21,440
Uh, I would just like to
say that um

558
00:49:18,480 --> 00:49:26,800
I appreciate everything the applicant
has done through this process. I have

559
00:49:25,280 --> 00:49:35,280
been
involved in and aware of numerous other

560
00:49:30,960 --> 00:49:44,079
developments and processes and I have
yet to come across an applicant um that

561
00:49:39,200 --> 00:49:52,559
has put the effort into really listening
to what questions that we had as a board

562
00:49:48,160 --> 00:49:58,160
and also um to the residents because
unfortunately the residents

563
00:49:54,400 --> 00:50:02,880
abuing the property um sort of get
usually get told

564
00:50:00,480 --> 00:50:10,960
you know too bad you didn't buy it that
kind of thing and you have not done that

565
00:50:06,480 --> 00:50:18,800
and I appreciate that. I I think it
speaks well to the ownership and to the

566
00:50:15,359 --> 00:50:27,760
group. Um, and I just want to say I
think you have done a good job with that

567
00:50:22,880 --> 00:50:34,079
and I know that um, you know, we have a
lot of, uh, residents from Simmeron here

568
00:50:31,040 --> 00:50:42,960
that have spoken at other meetings in
attendance tonight and I think it says a

569
00:50:38,319 --> 00:50:51,520
lot to what you have done. um that they
all have not had something negative to

570
00:50:46,880 --> 00:50:57,599
say tonight. Um you've done a lot of
work with the community. You've listened

571
00:50:53,280 --> 00:51:05,040
to them and I I appreciate that. Um and
I think um you've done a good job. I

572
00:51:02,800 --> 00:51:10,640
personally I
am for this because I see the changes

573
00:51:08,000 --> 00:51:14,960
that you've made
and

574
00:51:12,240 --> 00:51:22,000
you know some people
don't want growth necessarily to happen

575
00:51:18,559 --> 00:51:29,760
in our community. Growth is a bad thing.
Like it's a four-letter word. But

576
00:51:25,680 --> 00:51:38,960
a community as a whole, we need growth.
We need new people. We need new ideas.

577
00:51:34,240 --> 00:51:43,920
Um, as I was reading through your maps
and your plans and everything, I

578
00:51:41,040 --> 00:51:49,200
thought, you know, this is an
opportunity. This is a place where

579
00:51:47,200 --> 00:51:56,640
someone might move in there and they
say, "Hey, I I love where I live.

580
00:51:53,440 --> 00:52:04,400
I want to have a business here that I
want to be able to work where I live.

581
00:52:00,720 --> 00:52:14,160
Um, that's the kind of things that keep
this community growing

582
00:52:07,040 --> 00:52:20,640
a and bringing people in and I um
I I just I appreciate what you have

583
00:52:17,839 --> 00:52:25,359
done. Um,
you know, Angie talked about the the

584
00:52:22,880 --> 00:52:30,400
building heights and stuff and those,
you know, I realize those can be

585
00:52:26,800 --> 00:52:38,400
addressed um at a later date when we get
into, you know, more specifics. Um, but,

586
00:52:35,920 --> 00:52:43,079
you know, I I'm
in favor of ordinance 26-13.

587
00:52:43,760 --> 00:52:54,640
Any other comments?
If not, I'll accept a motion.

588
00:52:50,640 --> 00:53:00,160
» Move to approve ordinance 26-13,
an ordinance amending the planned unit

589
00:52:58,000 --> 00:53:04,400
development zoning for the property
generally known as the Gold Creek

590
00:53:02,480 --> 00:53:09,520
Commons PUB.
>> I'll second it.

591
00:53:06,800 --> 00:53:14,160
I have a motion and a second to approve
ordinance 2613,

592
00:53:12,079 --> 00:53:18,400
an ordinance amending the planned unit
development zoning for the property

593
00:53:16,720 --> 00:53:23,760
generally known as the Gold Creek
Commons PUD.

594
00:53:20,559 --> 00:53:28,319
Michelle, can we do a re roll call vote?
>> Yes, Mayor. Mayor Turnis,

595
00:53:26,480 --> 00:53:31,200
» I.
>> Mayor Proan Hutchkins,

596
00:53:30,160 --> 00:53:33,359
» I.
>> Trustee Einar,

597
00:53:32,640 --> 00:53:36,800
» I.
>> Trusty Schroeder,

598
00:53:34,480 --> 00:53:38,960
» I. Trusty Connley
>> I.

599
00:53:37,760 --> 00:53:44,000
» Trusty Gaither
>> I.

600
00:53:41,200 --> 00:53:47,240
» That motion passes unanimously. Thank
you gentlemen.

601
00:53:54,960 --> 00:54:05,520
Next on our agenda is discussion and
possible action on resolution 26R

602
00:54:02,880 --> 00:54:10,400
24, a resolution approving the
settlement agreement upon termination

603
00:54:08,559 --> 00:54:15,839
between the town and triplem
construction LLC regarding the trade

604
00:54:13,359 --> 00:54:20,400
contractor agreement for the Main Street
streetscape project. Chris,

605
00:54:19,200 --> 00:54:23,599
» thank you, Madam Mayor. I don't have
much to add. I know that I've had

606
00:54:21,920 --> 00:54:28,880
discussions with each of you uh
extensively over the last uh several

607
00:54:26,160 --> 00:54:35,680
months uh as we've um worked our way
through this to this point. Um at this

608
00:54:32,079 --> 00:54:41,760
point, we're um there's a little bit of
back and forth from the from the legal

609
00:54:38,400 --> 00:54:47,440
standpoint in terms of language. Um but
and so I will defer to uh Cory's

610
00:54:44,640 --> 00:54:53,040
superior area edition and uh knowledge
on uh what we're doing there. Um I would

611
00:54:51,040 --> 00:54:57,520
accept whatever recommendation he gives
you. I I do not anticipate that we will

612
00:54:55,359 --> 00:55:04,079
change the agreement other than the the
last version that I gave you uh this

613
00:55:00,319 --> 00:55:08,000
morning uh which was from Corey. Uh I
don't anticipate changing it and I don't

614
00:55:06,559 --> 00:55:15,839
think he's going to tell you that you
should change it. So, um uh if it if it

615
00:55:11,839 --> 00:55:20,960
is approved, I will take that to the uh
opposing uh party and try and get this

616
00:55:18,960 --> 00:55:23,520
thing buttoned up. That's all I have.
Any other questions? I'm happy to

617
00:55:22,720 --> 00:55:26,640
answer.
>> Thank you. Corey, did you have something

618
00:55:25,839 --> 00:55:31,280
for us?
>> So, just just a couple things. So, first

619
00:55:28,800 --> 00:55:35,760
of all, as to the language, there is one
outstanding issue and it is very simple.

620
00:55:33,680 --> 00:55:40,640
it is whether or not if there is what's
referred to as a material breach of the

621
00:55:38,160 --> 00:55:46,000
agreement whether the the prevailing
party is entitled to attorney fees. Um,

622
00:55:44,000 --> 00:55:51,599
practically speaking, am I worried about
it? I'm not because I am confident the

623
00:55:49,760 --> 00:55:56,400
town of Elizabeth would not materially
breach the agreement. So, practically

624
00:55:53,920 --> 00:56:00,880
speaking, it's not a concern. It is a
legal concern in terms of the ability of

625
00:55:58,559 --> 00:56:06,160
the town of Elizabeth to appropriate for
that if it were to ever happen many

626
00:56:03,040 --> 00:56:10,880
years in the future. My suggestion on
that is to if you are inclined to

627
00:56:08,400 --> 00:56:14,880
approve the agreement to approve it
subject to my final approval and it

628
00:56:12,799 --> 00:56:19,359
would only be as to that provision
because everything else has been agreed

629
00:56:16,480 --> 00:56:25,680
upon. Secondly, I just want to make sure
the board knows what the agreement says.

630
00:56:22,160 --> 00:56:33,839
And it is an agreement to essentially
tell the contractor we're done. And

631
00:56:30,400 --> 00:56:40,079
everything we see that's left there that
we see or could discover today, we do

632
00:56:37,200 --> 00:56:46,559
not have a claim against the contractor.
Um, we do have a claim if there are

633
00:56:43,599 --> 00:56:52,160
later latent defects. In other words,
defects we cannot determine as of

634
00:56:48,559 --> 00:56:58,559
today's date and the contractor has
agreed to cooperate in the event that

635
00:56:55,280 --> 00:57:02,960
the town determines it appropriate to um
make a claim against the design

636
00:57:00,160 --> 00:57:09,280
engineer. Um, I think while the
contractor and the town have found it

637
00:57:06,640 --> 00:57:14,480
hard to agree on most things, the one
thing they can't agree on is that they

638
00:57:11,119 --> 00:57:19,200
that the design was a lot of the issue
that made this project much more

639
00:57:16,640 --> 00:57:23,359
difficult. So, um I want to make sure
what the town is getting into um and

640
00:57:21,760 --> 00:57:28,559
that you all understand what the terms
of the settlement are because, um this

641
00:57:25,520 --> 00:57:33,520
is one of those where I think based on
the direction you gave the town

642
00:57:29,760 --> 00:57:41,920
administrator, no one's happy. Um but
frankly, I don't think um litigation

643
00:57:38,480 --> 00:57:45,480
over the amounts at issue could ever get
you a better deal.

644
00:57:45,760 --> 00:57:52,880
» Okay. So go over that part that's not
currently in that. Can you say that

645
00:57:51,520 --> 00:57:59,280
again?
>> The first the part we have. Yes.

646
00:57:54,720 --> 00:58:05,599
» So the it is a common provision in
agreements that the party that wins if

647
00:58:02,799 --> 00:58:08,160
there is a breach is entitled to
attorney fees.

648
00:58:07,599 --> 00:58:13,680
» Okay?
>> So this is what's known as a prevailing

649
00:58:11,200 --> 00:58:20,240
party attorney fees provision. In other
words, if there is a material breach if

650
00:58:16,000 --> 00:58:24,799
the town were able to prove that TripleM
materially breached the settlement

651
00:58:22,000 --> 00:58:31,280
agreement, it would be entitled to
attorney fees against TripleM. Likewise,

652
00:58:28,079 --> 00:58:35,680
if TripleM determined or made an
allegation that was proven that the town

653
00:58:33,760 --> 00:58:40,720
materially breached the settlement
agreement, then it would be entitled to

654
00:58:38,319 --> 00:58:49,119
attorney fees. That is the only section
that is still in play. And our typical

655
00:58:45,119 --> 00:58:55,200
agreements do not um expose the town to
possible attorney fees because frankly

656
00:58:51,520 --> 00:58:59,520
you can't appropriate for them. So let's
assume that

657
00:58:57,599 --> 00:59:06,880
something unforeseen happened and the
town materially breached the agreement.

658
00:59:02,000 --> 00:59:11,440
That would likely be not in 2026.
And how do you appropriate as a matter

659
00:59:08,799 --> 00:59:20,799
of budgeting for that type of award?
That's the issue. Um the law is

660
00:59:16,079 --> 00:59:26,319
ambiguous on that issue. Um and so do I
think it is a hill for the town board to

661
00:59:22,799 --> 00:59:29,440
die on? I don't. Um for two reasons.
Number one, the likelihood of there

662
00:59:28,079 --> 00:59:35,920
actually being a breach of this
settlement agreement is

663
00:59:32,480 --> 00:59:42,000
very very insignificant. The reason it
is very very insignificant is that

664
00:59:37,839 --> 00:59:45,520
there's no obligations of either party.
TripleM

665
00:59:43,680 --> 00:59:51,599
basically leaves and says if you
discover something that's hidden, we're

666
00:59:48,079 --> 00:59:56,799
still on the hook for it. The town says,
TripleM, we're paying you the contract

667
00:59:53,520 --> 01:00:00,720
amount. You're agreeing that if we
decide to make a claim against the

668
00:59:58,960 --> 01:00:05,920
engineer,
you will cooperate.

669
01:00:03,440 --> 01:00:10,480
That's pretty much the deal.
>> Okay.

670
01:00:07,520 --> 01:00:13,480
» And and I would I would just merely add
that

671
01:00:14,319 --> 01:00:23,839
there really is no real opportunity for
us to materially breach this agreement

672
01:00:19,920 --> 01:00:30,880
on September 9th when the notice period
for the subcontractors or as required by

673
01:00:28,000 --> 01:00:36,400
um state law. uh once that period has
passed, we're cutting a check and that's

674
01:00:34,880 --> 01:00:41,920
should be the conclusion of the
agreement. So I don't think that you

675
01:00:38,960 --> 01:00:47,200
have any risk that we are going to
materially breach that and I don't I

676
01:00:45,520 --> 01:00:55,359
don't believe that that they will
either. So, I I think this is a lot of

677
01:00:51,839 --> 01:00:59,040
maybe wrangling about language that
really isn't going to be necessary, but

678
01:00:56,960 --> 01:01:02,720
I again
follow this guy's advice on that.

679
01:01:00,960 --> 01:01:07,920
» It is definitely lawyer's wrangling. I
there is no doubt I'm not um but but

680
01:01:06,319 --> 01:01:12,640
Chris raised something that's important
that the other piece is originally we

681
01:01:11,359 --> 01:01:17,119
said, you know, we're going to we're
going to bring something and tonight's

682
01:01:13,920 --> 01:01:21,280
the final resolution. Well, when we went
and looked at where the town was in this

683
01:01:19,280 --> 01:01:26,319
project, it had never published for
final settlement. So, the way the

684
01:01:24,240 --> 01:01:30,480
process works, the town has to publish
notice of final settlement first because

685
01:01:28,240 --> 01:01:35,920
if there are any subcontractors or
suppliers that haven't been paid, that

686
01:01:33,040 --> 01:01:40,880
is their time to make a claim. That
statute's there because contractors

687
01:01:38,160 --> 01:01:46,880
cannot lean public property. So, this is
how you um how contractors deal with

688
01:01:44,319 --> 01:01:51,520
public entities. So, we have to wait for
final settlement. If there are any

689
01:01:48,960 --> 01:01:56,160
outstanding claims, the statute says we
hold it until those claims are resolved.

690
01:01:54,240 --> 01:01:59,599
As of today, we haven't gotten any.
Although, we did receive, I think, one

691
01:01:57,680 --> 01:02:04,640
open records request that suggests
someone may be looking. So, assuming

692
01:02:02,799 --> 01:02:08,319
everything we don't get any claims, they
get paid in full. Assuming there's a

693
01:02:06,799 --> 01:02:13,760
claim, they get paid in full for
everything minus the claim.

694
01:02:10,960 --> 01:02:19,920
and and we have published that in paper
record and um and on the website. So

695
01:02:17,359 --> 01:02:25,359
we've we've we've complied with this
statute in terms of notice. So

696
01:02:22,240 --> 01:02:32,079
» Okay. Thank you.
Any other questions or comments on this?

697
01:02:28,640 --> 01:02:39,319
» I'm just glad to have this behind us.
>> Amen.

698
01:02:34,559 --> 01:02:39,319
» Then I will entertain a motion.

699
01:02:44,400 --> 01:02:53,599
Move to approve resolution 26R-24,
resolution approving the settlement

700
01:02:51,200 --> 01:03:00,160
agreement
um upon termination between the town and

701
01:02:57,280 --> 01:03:07,040
triplem construction
regarding the trade contractor agreement

702
01:03:03,520 --> 01:03:12,400
for the Main Street streetscape project.
I'll second that.

703
01:03:09,359 --> 01:03:17,440
» Okay. I have a motion and a second to
approve resolution 26R24,

704
01:03:15,440 --> 01:03:23,520
a resolution approving the settlement
agreement upon termination between the

705
01:03:20,079 --> 01:03:30,760
town and M Construction LLC regarding
the trade contractor agreement for the

706
01:03:26,000 --> 01:03:30,760
Main Street streetscape project.

707
01:03:31,839 --> 01:03:42,039
All those in favor, please say I. I.
>> I. All those opposed, please say nay.

708
01:03:37,839 --> 01:03:42,039
That motion passes unanimously.

709
01:03:50,799 --> 01:03:59,520
Next up is discussion and possible
action on ordinance 2614,

710
01:03:57,599 --> 01:04:05,760
an ordinance amending the Elizabeth
Municipal Code by addition there two of

711
01:04:02,559 --> 01:04:10,640
a new article six of chapter 8
regulating the operation of electrical

712
01:04:08,400 --> 01:04:14,960
assisted bicycles.
Chief,

713
01:04:13,280 --> 01:04:20,799
» Madame Mayor, Mayor Prom, members of the
board, is that as you're aware, we have

714
01:04:17,839 --> 01:04:28,640
been going through a process to draft an
ordinance regarding um ebikes and other

715
01:04:24,559 --> 01:04:33,880
types of electrical
well assisted

716
01:04:30,880 --> 01:04:33,880
bicycles,

717
01:04:33,920 --> 01:04:42,240
» yeah,
emotes

718
01:04:38,240 --> 01:04:46,240
and um This came in part due to the
movement throughout the state of

719
01:04:43,760 --> 01:04:53,760
Colorado and throughout the nation and
in response to community concern. Uh

720
01:04:49,920 --> 01:05:01,200
working with u Corey
um an ordinance was drafted and I can

721
01:04:57,760 --> 01:05:06,480
say in my assessment in reviewing other
ordinances this is this virtually

722
01:05:04,079 --> 01:05:10,960
mirrors a number of ordinances
throughout the state. Um and it

723
01:05:08,559 --> 01:05:15,280
addresses a number of concerns that were
raised by the public to include speed on

724
01:05:13,599 --> 01:05:22,559
sidewalks
um

725
01:05:17,839 --> 01:05:27,119
being one. So I again I and it also has
a parental responsibility

726
01:05:24,640 --> 01:05:30,960
uh component to it. So I think this is
largely a

727
01:05:29,200 --> 01:05:33,960
well-drafted ordinance for the town of
Elizabeth.

728
01:05:34,400 --> 01:05:43,760
I found this to be very confusing.
>> So, can you and I've read it over a

729
01:05:41,839 --> 01:05:48,720
couple of times because I'm going I
still don't get it. Um

730
01:05:46,000 --> 01:05:53,760
» well and part of the trouble is that
because of their the different classes

731
01:05:50,480 --> 01:05:59,839
of of bikes, you have to address them
individually and you have to take into

732
01:05:56,240 --> 01:06:08,319
account the ADA because believe it or
not, some of these vehicles also are

733
01:06:02,960 --> 01:06:14,559
protected by the ADA. So um
truthfully, it is an incredibly

734
01:06:10,880 --> 01:06:19,839
confusing and complex ordinance. Um but
what it does in effect,

735
01:06:17,839 --> 01:06:27,039
the exceptions are what's confusing in
my view. But what it does is it provides

736
01:06:24,640 --> 01:06:33,520
a mechanism for the police department to
address

737
01:06:29,119 --> 01:06:39,680
adults and children that are riding
these bikes illegally primarily on

738
01:06:36,720 --> 01:06:45,440
trails, on sidewalks
uh and the places that are causing um

739
01:06:42,799 --> 01:06:49,359
harm to the community. And what again
what makes this more confusing at least

740
01:06:47,280 --> 01:06:56,559
in my mind is we have the exceptions you
have to insert in it for under the ADA.

741
01:06:54,240 --> 01:07:03,520
I have one question.
On page 258,

742
01:07:00,240 --> 01:07:09,680
uh, section H, it says, "Unlicensed
vehicles may not operate on public

743
01:07:06,000 --> 01:07:15,920
roadways within the town except by
written order of the town administrator

744
01:07:11,839 --> 01:07:19,920
or the town administrator designing."
So, a guy comes through town with a

745
01:07:17,599 --> 01:07:23,119
piece of farm equipment that doesn't
have to be licensed. Do they got to come

746
01:07:21,520 --> 01:07:27,839
to town hall say, "Hey, I'm coming
through town."

747
01:07:24,480 --> 01:07:30,880
» No, because farm equipment is exempted
under state law.

748
01:07:29,280 --> 01:07:36,240
» But that's not what that says.
>> The town is a statutory town. Cannot

749
01:07:33,599 --> 01:07:42,079
deviate from state law. Farm equipment
is a totally different type of vehicle

750
01:07:39,839 --> 01:07:45,680
not covered by this ordinance.
>> When you said unlicensed vehicles,

751
01:07:43,839 --> 01:07:49,760
that's what confused me.
>> It's essentially exempt.

752
01:07:47,520 --> 01:07:53,280
» It is under state law. farm equipment is
completely exempt. That could even be

753
01:07:51,520 --> 01:08:00,559
» they don't need a license. It could be a
hay bail. It could be whatever.

754
01:07:57,119 --> 01:08:04,160
» Um would it be possible to make like an
infographic

755
01:08:02,160 --> 01:08:08,160
to put out to the public that makes this
easier to digest?

756
01:08:05,920 --> 01:08:12,319
» Absolutely. And we can frankly steal
from others because um I know that the

757
01:08:10,640 --> 01:08:15,920
city and county of Broomfield has put
something out which is what this was

758
01:08:14,079 --> 01:08:20,239
largely taken from because they have the
they've been kind of at the forefront of

759
01:08:17,839 --> 01:08:22,400
this Um, a couple of other communities
have followed. So, yeah, we can

760
01:08:21,600 --> 01:08:27,199
absolutely do that.
>> Perfect. Thank you.

761
01:08:24,960 --> 01:08:30,199
» So, you're going to do that?
>> Chief.

762
01:08:30,799 --> 01:08:40,480
» Okay. Well, this is
So, you talk about low power scooters

763
01:08:36,880 --> 01:08:45,440
and low-speed electric vehicles.
The low power scooters.

764
01:08:43,279 --> 01:08:51,520
Is this a scooter that's going to
require a driver's license? because it

765
01:08:47,920 --> 01:08:55,920
says it's permitted on public roadways
although it may

766
01:08:53,759 --> 01:09:00,880
no low power scooter may travel on a
roadway in excess of 40 miles per hour.

767
01:08:58,960 --> 01:09:05,759
Are you talking about the speed limit
that the roadway has or the how fast the

768
01:09:04,080 --> 01:09:08,880
low power scooter can go?
>> The 40 mph

769
01:09:07,839 --> 01:09:15,040
» for the scooter.
>> Yes.

770
01:09:09,600 --> 01:09:18,159
» Okay. So, does that then require to be
No. Oh,

771
01:09:16,799 --> 01:09:25,679
» that's one of the reasons the parental
responsibilities in here.

772
01:09:21,359 --> 01:09:32,239
» Okay. And and so is the same true then
with that lowspeed electric vehicles

773
01:09:29,120 --> 01:09:35,199
because that one's 35 mph.
>> It's going to depend. Some do, some

774
01:09:34,400 --> 01:09:36,560
don't.
>> Okay.

775
01:09:35,520 --> 01:09:40,640
» I mean, and that's one of the
difficulties with this is

776
01:09:38,159 --> 01:09:45,839
» that's why I was so confused. I'm
>> these these um definitions are not town

777
01:09:44,480 --> 01:09:49,120
definitions.
These are definitions taken from state

778
01:09:47,679 --> 01:09:54,080
law. Oh,
>> so I would love to tell you that I was

779
01:09:50,960 --> 01:09:57,040
able to make these up, but no, these are
these are

780
01:09:55,040 --> 01:10:02,719
» not.
Nope.

781
01:09:59,040 --> 01:10:06,560
» Yeah, we saved you money.
>> Yeah,

782
01:10:03,280 --> 01:10:13,280
» it is. Can is there a way to boil it
down more not in the town code but in

783
01:10:10,719 --> 01:10:16,800
literature that we put out that will
>> that's exactly what Trusty Connley asked

784
01:10:15,120 --> 01:10:20,560
for I think and so yes we are going to
do exactly that.

785
01:10:17,760 --> 01:10:24,320
» Okay. Pictures are good too.
>> Agreed. No and I I think that's what a

786
01:10:23,040 --> 01:10:26,640
lot of communes have done. So we're
going to

787
01:10:25,440 --> 01:10:34,360
» Okay.
>> If adopted we'll absolutely do that.

788
01:10:29,280 --> 01:10:34,360
» Okay. Any other questions or comments?

789
01:10:34,640 --> 01:10:42,480
What are we adopting?
If this is so confusing, what I'm trying

790
01:10:39,760 --> 01:10:48,560
to wrap my head around is what are we
adopting? I mean, what what rules? Yep.

791
01:10:47,040 --> 01:10:53,800
Are we laying down?
>> Go to section 8-6-20.

792
01:10:55,520 --> 01:11:03,120
» It's page
256.

793
01:11:00,800 --> 01:11:05,679
Okay, let me go to the board.
>> Yeah,

794
01:11:04,080 --> 01:11:11,040
» and it's page three of six of the
ordinance itself.

795
01:11:08,239 --> 01:11:16,560
» 256 of the name.
>> So you there are two pages of

796
01:11:14,239 --> 01:11:19,360
definitions, which to me is what makes
this

797
01:11:17,520 --> 01:11:23,120
» so incredibly confusing, but that's
that's the definitions that we have to

798
01:11:21,440 --> 01:11:28,960
follow.
So section 8-6-20

799
01:11:26,000 --> 01:11:35,280
is where you actually take all of these
crazy definitions and try to apply them.

800
01:11:31,920 --> 01:11:40,080
And so the first section 8-6-20 says
which vehicles

801
01:11:37,520 --> 01:11:43,520
of as defined above are allowed on
public streets.

802
01:11:41,120 --> 01:11:52,239
» Okay, hold on. Stop.
>> Okay, trying to catch up to catch up.

803
01:11:47,920 --> 01:11:55,440
Other powerdriven mobility device.
>> Other power-driven mobility device. I

804
01:11:54,560 --> 01:12:01,199
see that.
>> I see toy vehicle, unlicensed vehicle,

805
01:11:59,679 --> 01:12:04,400
and vehicle.
>> Right. And so all of those are defined

806
01:12:03,040 --> 01:12:08,480
above.
>> And so you have to go through all of

807
01:12:06,480 --> 01:12:11,600
those to say which ones are allowed on
streets, which ones aren't. So an

808
01:12:11,120 --> 01:12:17,760
electric
>> which is the next one section 8-6-20

809
01:12:15,679 --> 01:12:22,320
use on public streets.
>> So that is what is

810
01:12:20,560 --> 01:12:27,920
being
>> debated. No legislated. That is what

811
01:12:24,560 --> 01:12:31,199
this does. It says based on the
definitions above,

812
01:12:29,360 --> 01:12:34,239
» right?
>> An electrical assisted bicycle defined

813
01:12:33,520 --> 01:12:36,400
above,
>> right,

814
01:12:34,719 --> 01:12:38,719
» is permitted to be used on public
streets,

815
01:12:37,120 --> 01:12:43,360
» right?
Unless,

816
01:12:40,560 --> 01:12:46,560
and this is again taken from state law,
>> okay?

817
01:12:43,760 --> 01:12:51,120
» If the town makes a determination,
that it is too highly trafficked to

818
01:12:48,719 --> 01:12:56,560
safely allow for class one and two
electrical assisted bicycles and where

819
01:12:54,800 --> 01:13:00,480
there's a suitable alternative route
within 450 ft. And again, I didn't pick

820
01:12:58,880 --> 01:13:02,800
that. That is state law.
>> I understand.

821
01:13:01,440 --> 01:13:05,840
» In that case,
>> keep going.

822
01:13:03,520 --> 01:13:09,440
» In that case, they can be prohibited
because you have an alternative route.

823
01:13:07,679 --> 01:13:16,000
Understood.
>> An EPAMD can be operated on a public

824
01:13:12,159 --> 01:13:18,800
roadway. That is effectively an ADA
issue.

825
01:13:16,719 --> 01:13:22,400
» Sure. That's that's somebody in a
scooter can't walk.

826
01:13:20,000 --> 01:13:27,520
» Right. An electric scooter as defined
above can be used on a public street but

827
01:13:25,520 --> 01:13:32,000
not on sidewalks.
And again, you can you have the

828
01:13:29,679 --> 01:13:36,239
exception if you have an alternative
route within 450 with there within a

829
01:13:35,199 --> 01:13:40,400
quarter of a mile,
>> right? A low power scooter, again this

830
01:13:38,800 --> 01:13:44,800
is talking about what's allowed on
public streets, permitted on public

831
01:13:42,480 --> 01:13:49,040
roadways, but cannot go in excess of 40
miles an hour. A low-speed electric

832
01:13:47,360 --> 01:13:55,199
vehicle
>> has the all the rules of the road for

833
01:13:51,120 --> 01:14:00,400
that. So that is what 8-6-20
does. Rules of the road. Okay.

834
01:13:57,440 --> 01:14:07,920
» 8-6-30
rules on other town property. Got it.

835
01:14:04,480 --> 01:14:12,080
So, um, it says what can and can't be
used on town property, playgrounds,

836
01:14:10,080 --> 01:14:15,600
tennis courts, athletic fields,
>> right? Pickleball court, etc.

837
01:14:14,480 --> 01:14:20,640
» Yep. I see.
>> Section 8-6-40,

838
01:14:18,239 --> 01:14:23,920
school grounds, private property, same
thing.

839
01:14:22,239 --> 01:14:28,960
So, it's basically where they can be
used, which types of vehicles can be

840
01:14:25,920 --> 01:14:35,320
used in each location.
And and if I could add just a from a um

841
01:14:35,440 --> 01:14:46,960
practical extent, right, we we don't
have tools right now for when we find

842
01:14:44,159 --> 01:14:51,120
vehicles that we think are inappropriate
for where they're being used. Right.

843
01:14:48,560 --> 01:14:58,960
Right. And so this does try and
distinguish those. Uh it will be a

844
01:14:54,480 --> 01:15:04,880
learning um uh curve for the public uh
the parents that are um

845
01:15:02,480 --> 01:15:10,800
are providing these bikes to the
children and anybody else that are using

846
01:15:06,800 --> 01:15:15,199
them. The um I think you all know um
chief well enough to know that we're not

847
01:15:12,560 --> 01:15:22,320
going to be heavy-handed.
uh if it's confusing uh we will educate

848
01:15:19,120 --> 01:15:28,239
before we legislate and and and put them
in municipal court. So we're but this

849
01:15:24,960 --> 01:15:34,159
does give you the uh foundation in which
they can actually do something cuz right

850
01:15:30,239 --> 01:15:38,960
now they really can't. And so um we will
spend a lot of time with education of

851
01:15:36,239 --> 01:15:45,920
those folks. Uh, and I'm certain that
the chief will spend time educating the

852
01:15:41,360 --> 01:15:50,640
officers themselves about um the various
provisions of the the ordinance, but uh

853
01:15:48,880 --> 01:15:54,880
I can tell you we will take a common
sense approach to applying this

854
01:15:53,280 --> 01:15:59,760
legislation.
>> Okay. And the la the last thing I would

855
01:15:56,960 --> 01:16:04,400
add is the very last section is which is
8-6-90

856
01:16:02,239 --> 01:16:11,040
is probably going to be the most
important section in a lot of ways

857
01:16:06,640 --> 01:16:15,040
because um you know just like people
don't know often times that you can get

858
01:16:12,960 --> 01:16:16,640
a DUI on a bike.
>> Yes.

859
01:16:16,239 --> 01:16:23,920
» Um
>> and a boat. This this section confirms

860
01:16:21,280 --> 01:16:27,920
that the provisions of the model traffic
code regarding things like reckless

861
01:16:26,400 --> 01:16:29,120
diving, careless driving
>> driving. Yeah.

862
01:16:28,719 --> 01:16:31,520
» Um
>> deluding.

863
01:16:29,840 --> 01:16:35,840
» Yep. They apply.
>> Okay.

864
01:16:32,400 --> 01:16:40,640
» And you know, and the the town has over
over time come up with a pretty good

865
01:16:38,960 --> 01:16:50,080
trail system.
>> Yes. And these things are a have become

866
01:16:45,040 --> 01:16:55,679
a significant safety concern on trails
in my mind and Elizabeth even made worse

867
01:16:52,320 --> 01:17:01,120
by the fact you also have horses
and these spook horses. I mean so there

868
01:16:58,480 --> 01:17:05,360
there's there's a whole host of um
reasons that communities are doing this.

869
01:17:03,520 --> 01:17:09,360
Okay. But
just point of reference.

870
01:17:07,360 --> 01:17:13,239
» Yeah.
We're a rural community

871
01:17:13,280 --> 01:17:21,040
» and if the kids, and I say kids because
I don't see adults very often on this

872
01:17:18,239 --> 01:17:26,560
stuff, so Chief probably has a better
idea of this than I do, but I see the

873
01:17:24,080 --> 01:17:32,719
kids on these things.
And if they're riding on the street,

874
01:17:30,480 --> 01:17:40,800
just like a cyclist would who happens to
be, you know, pedaling across town,

875
01:17:37,199 --> 01:17:46,480
or if they're using it on
a pathway that's been worn along the

876
01:17:43,440 --> 01:17:55,280
side of a roadway, are we basically
going to say that, "Hey kids, you can't

877
01:17:50,880 --> 01:18:01,440
ride these things on a trail
that's just dirt between

878
01:17:58,719 --> 01:18:07,360
Running Creek Elementary and a kid who
lives on,

879
01:18:03,920 --> 01:18:11,679
you know, uh, uh, Pine Street.
Is is Is that what we're Is that what

880
01:18:09,199 --> 01:18:18,239
we're going to be looking for when we
talk about trails? And and if a kid

881
01:18:15,360 --> 01:18:22,400
rides one of these things on the trail
from

882
01:18:20,239 --> 01:18:27,920
Running Creek Elementary and down and
around town and then ends up in Running

883
01:18:25,600 --> 01:18:34,120
Creek Park, is that a no? No. So, I'm
going to take you to section 8-6-30

884
01:18:30,400 --> 01:18:34,120
subsection B.

885
01:18:34,960 --> 01:18:45,360
Subsection B1 says if we've posted signs
prohibiting it, the answer is yes.

886
01:18:42,480 --> 01:18:52,719
Otherwise, they're allowed
unless it is a class three bicycle,

887
01:18:50,159 --> 01:18:54,960
which is the ones that go really fast.
>> Understand?

888
01:18:53,120 --> 01:18:57,960
» And those are prohibited.
>> Okay.

889
01:19:00,560 --> 01:19:07,199
» How?
Not that I own one of these things. What

890
01:19:05,120 --> 01:19:12,320
is class three?
>> It's defined.

891
01:19:09,760 --> 01:19:14,960
It it is, but I mean
>> it's the big ones.

892
01:19:13,520 --> 01:19:18,800
» It's it's uh
>> for lack of

893
01:19:15,679 --> 01:19:23,679
» is that the thing that says 750
cc's of electrical power?

894
01:19:21,120 --> 01:19:26,960
» No, it is an electrical assisted bicycle
equipped with a motor that provides

895
01:19:25,199 --> 01:19:31,360
assistance only when the rider is
pedaling and that ceases to provide

896
01:19:28,880 --> 01:19:40,080
assistance when a bicycle reaches a
speed of 28 m an hour. Okay. So 28 m an

897
01:19:36,880 --> 01:19:45,679
hour compared to class one and two that
it basically stop at 20.

898
01:19:43,360 --> 01:19:50,159
» So it's anything that can go above 20 m
hour

899
01:19:46,640 --> 01:19:56,640
» in speed if if it can attain 28 30 35
mph that's that's known as the class C

900
01:19:53,679 --> 01:20:03,199
» class three class three sorry class
three. So, we're saying in this that

901
01:19:59,679 --> 01:20:06,239
class three will not be allowed on any
trails or pathways correct? That is

902
01:20:05,760 --> 01:20:08,560
correct.
>> But they can ride it on the street.

903
01:20:08,000 --> 01:20:10,320
» Correct.
>> Correct.

904
01:20:09,040 --> 01:20:12,880
» That was my Thank you, Lauren. Because
that was my next question. Where can

905
01:20:12,000 --> 01:20:16,080
they ride them?
>> Street.

906
01:20:13,520 --> 01:20:18,800
» Just like you could ride any bike that
you pedal on your own.

907
01:20:18,080 --> 01:20:22,880
» Okay.
>> And follow the rules of the road,

908
01:20:20,480 --> 01:20:28,560
» right? Because I mean, yeah, if a good
cyclist can pedal 35, 40 miles an hour,

909
01:20:26,719 --> 01:20:30,719
somebody who's athletic enough.
>> Okay.

910
01:20:28,880 --> 01:20:34,400
» Well, they also have to signal,
>> right?

911
01:20:32,000 --> 01:20:40,920
» Yeah. You'll have that as well.
>> Okay. Um, lastly, and I'm going to let

912
01:20:37,679 --> 01:20:40,920
this go.

913
01:20:45,679 --> 01:20:53,440
Is any of this or is all of this that
we're putting forth set in concrete or

914
01:20:50,719 --> 01:20:58,400
is it amendable over time?
>> Anything you legislate is amendable over

915
01:20:56,159 --> 01:21:03,199
time.
>> Um my understanding from conversations

916
01:21:01,440 --> 01:21:08,800
I've had with the chief is that this is
something that the community has been um

917
01:21:06,640 --> 01:21:16,159
asking for and talking about for quite
some time. Um, I absolutely appreciate

918
01:21:13,600 --> 01:21:24,159
the point that this is a rural community
that um these kind of rules are are

919
01:21:20,480 --> 01:21:27,920
unusual. Um,
in my experience, rural communities

920
01:21:26,000 --> 01:21:32,640
across the state now are dealing with
this because there have been issues

921
01:21:30,719 --> 01:21:39,159
where folks just aren't using these on
streets. They're using them everywhere

922
01:21:34,560 --> 01:21:39,159
else. And that's where the danger comes.

923
01:21:39,280 --> 01:21:47,199
my my my hesitation with all of it in in
going over the minutia and I apologize

924
01:21:45,120 --> 01:21:53,280
to everyone on the board for taking up
unnecessary time. I grew up as a kid in

925
01:21:50,960 --> 01:21:57,920
Evergreen, Colorado in the 1970s and
80s. We all had dirt bikes. We all had

926
01:21:56,159 --> 01:22:01,520
various bikes of different kinds. We
rode them all over and I know darn well

927
01:21:59,840 --> 01:22:06,639
we rode them illegally as well as
legally. And we had a darn good time

928
01:22:04,239 --> 01:22:11,840
doing it. And even though I face planted
and almost broke my neck more than once

929
01:22:09,280 --> 01:22:17,520
using those u motorcycles, I enjoyed
them very much. And I enjoy being a kid.

930
01:22:14,719 --> 01:22:22,560
And I know that kids can be really
annoying and people find a lot of

931
01:22:19,840 --> 01:22:27,040
different reasons to really loathe the
13, the 14, the 12-year-old kid down the

932
01:22:25,040 --> 01:22:31,040
street because he rides this or he rides
that or he makes too much noise with his

933
01:22:28,639 --> 01:22:36,320
drum set or whatever.
That being said,

934
01:22:34,159 --> 01:22:40,320
I'm I'm I understand where this is
going. Um but yeah, as long as it's

935
01:22:39,280 --> 01:22:49,560
something that is not going to be
heavy-handed uh and make every kid um uh

936
01:22:44,560 --> 01:22:49,560
um a potential um target.

937
01:22:51,360 --> 01:22:59,840
Again,
that comes down to the enforcement and

938
01:22:56,960 --> 01:23:04,080
you have a police chief that's pretty
common senseoriented

939
01:23:01,920 --> 01:23:08,239
» and I think that that will um filter
down to the officers and obviously if

940
01:23:06,239 --> 01:23:14,320
it's if it's if it's used in a
heavy-handed fashion after this chief is

941
01:23:11,199 --> 01:23:21,520
gone or whenever you whenever you do I
mean then you can address that from a

942
01:23:16,880 --> 01:23:26,719
policy standpoint say but but this is I
mean the fact is this is a tool and if

943
01:23:23,840 --> 01:23:30,560
you don't have this tool in the box you
can't fix the problem and what we're

944
01:23:28,800 --> 01:23:35,360
really trying to do is make sure that
those people don't get hurt on the trail

945
01:23:32,480 --> 01:23:41,360
that aren't just a punk kid that's
cruising around trying to jump uh things

946
01:23:38,400 --> 01:23:45,760
like we all probably did. I mean I so I
honestly we'll we will do this with a

947
01:23:43,600 --> 01:23:50,639
common sense uh approach and there will
also be an education period where we

948
01:23:48,000 --> 01:23:57,520
want to make sure that our officers even
understand and uh um it is really going

949
01:23:54,880 --> 01:24:01,360
to be just a an educational tool first
before it is a legislational

950
01:23:59,760 --> 01:24:04,360
» appreciate that. So,
>> thanks.

951
01:24:06,560 --> 01:24:17,679
» Thank you, Chief and Corey, for coming
up with this. Um,

952
01:24:12,400 --> 01:24:22,080
and Mike's right, we're rural, but
these kids out here all have social

953
01:24:19,760 --> 01:24:26,960
media. And trust me, all of these things
that are going on in the bigger towns

954
01:24:24,239 --> 01:24:32,400
with these bikes, they are all on social
media. And kids

955
01:24:29,600 --> 01:24:38,880
10 and up are
all over trying to make it on social

956
01:24:36,000 --> 01:24:43,679
media and post the same stupid stuff
that's happening in other jurisdictions

957
01:24:41,040 --> 01:24:50,239
and eluding the police and cutting
through people's backyards and um

958
01:24:48,080 --> 01:24:55,239
driving against the flow of traffic and
all kinds of other things um

959
01:24:55,600 --> 01:25:04,480
are happening And whether we like it or
not, we will end up seeing it out here

960
01:25:02,480 --> 01:25:10,719
if we haven't already. And I know that
there's been instances on sidewalks and

961
01:25:08,719 --> 01:25:18,560
stuff where the kids are riding too
fast. So, um, I get it. Um, so I

962
01:25:16,159 --> 01:25:26,400
appreciate it and I I'm glad you guys
are going to do some other educational

963
01:25:20,960 --> 01:25:32,880
things because yeah, reading this was
very confusing. So anyway, any other

964
01:25:30,480 --> 01:25:38,159
questions or comments?
If not, I will entertain a motion. put

965
01:25:36,159 --> 01:25:42,400
forth a motion to approve ordinance
26-14, an ordinance amending the

966
01:25:40,480 --> 01:25:46,719
Elizabeth Municipal Code by the addition
thereto of a new article,

967
01:25:45,040 --> 01:25:49,040
» what is that?
>> 11

968
01:25:47,920 --> 01:25:53,520
» six
>> Roman numerals of chapter 8 regulating

969
01:25:51,679 --> 01:25:57,920
the operation of electrical assisted
bicycles.

970
01:25:54,560 --> 01:26:02,800
» I'll second it. I have a motion and a
second to approve ordinance ordinance

971
01:26:01,040 --> 01:26:07,360
26-14,
an ordinance amending the Elizabeth

972
01:26:04,800 --> 01:26:12,639
Municipal Code by the addition thereto
of a new article 6 of chapter 8

973
01:26:09,679 --> 01:26:17,199
regulating the operation of electrical
assisted bicycles. All those in favor,

974
01:26:15,280 --> 01:26:23,480
please say I. I.
>> All those opposed, please say nay. That

975
01:26:19,840 --> 01:26:23,480
passes unanimously.

976
01:26:24,320 --> 01:26:34,560
Next up is items for consideration.
And I have a couple

977
01:26:32,080 --> 01:26:38,840
um
that um

978
01:26:39,280 --> 01:26:50,400
talking about 601 Pine Ridge Street as
to what the plan moving forward with

979
01:26:46,880 --> 01:26:58,080
that is. Um
and um

980
01:26:53,679 --> 01:27:05,199
personally I I would also like the board
to talk about whether we want Christmas

981
01:27:01,760 --> 01:27:14,960
presents because in my book I I'd like
to get away from that. Um but

982
01:27:11,120 --> 01:27:18,960
uh and then um
the other thing that we should talk

983
01:27:17,440 --> 01:27:29,280
about
is um parks and wreck is looking to

984
01:27:25,920 --> 01:27:36,159
revamp the rec center um because they
want to bring it before the voters

985
01:27:32,639 --> 01:27:43,920
next year in May. um it won't be on this
November ballot. Um but one of the

986
01:27:39,840 --> 01:27:50,159
things they're asking is whether we're
we the town would want to partner with

987
01:27:46,719 --> 01:27:57,440
them in including
some space for senior center. So those

988
01:27:54,960 --> 01:28:04,920
are just three different things that at
some point we

989
01:27:59,840 --> 01:28:04,920
should have discussion on. I think

990
01:28:05,600 --> 01:28:15,480
and it doesn't need to be tonight. It
can be on another evening if we want to

991
01:28:11,440 --> 01:28:15,480
put that on there.

992
01:28:15,520 --> 01:28:22,480
Any other
items for consideration

993
01:28:20,639 --> 01:28:27,120
» regarding the thing that you mentioned,
Mayor, with parks and wreck.

994
01:28:24,800 --> 01:28:31,280
» Yes. I would definitely like to see
something in front of us as a board

995
01:28:29,120 --> 01:28:39,679
because
um I too have heard several things that

996
01:28:35,600 --> 01:28:44,400
parks and wreck is alluding to in their
future planning. Of course, the only

997
01:28:42,159 --> 01:28:48,480
reason I'm even made aware of these
things is I presently do business with

998
01:28:46,560 --> 01:28:52,159
them. I provide their security and
surveillance for the facility buildings

999
01:28:50,719 --> 01:28:58,159
that are there now and that includes the
pavilion. Um, but I know that there's

1000
01:28:54,880 --> 01:29:02,400
talk too that they would like um to also
perhaps build a regional swimming pool

1001
01:29:01,280 --> 01:29:04,639
of some sort,
>> right,

1002
01:29:02,880 --> 01:29:07,280
» in addition to that. So, I would
definitely like that to be something

1003
01:29:06,320 --> 01:29:12,400
that
>> we discuss in the not too distant future

1004
01:29:10,719 --> 01:29:18,159
um knowing that it wasn't going to be on
this fall's um um ballot, but May is not

1005
01:29:17,199 --> 01:29:26,719
far.
>> Yes, correct. I agree. And I think we

1006
01:29:21,360 --> 01:29:28,159
need to talk sooner than later about it.
>> Yeah.

1007
01:29:27,120 --> 01:29:33,520
» If we're looking,
>> I think an opportunity for your new

1008
01:29:30,560 --> 01:29:40,000
manager will be um that's a perfect
opportunity to give them that direction

1009
01:29:36,719 --> 01:29:43,840
and say, "Hey, um sit down with those
folks, meet with them, and and start

1010
01:29:41,840 --> 01:29:49,679
that relationship." And then you all can
kind of uh work with it as it develops.

1011
01:29:46,719 --> 01:29:56,000
But I I I think there's nothing that I
would do on that in the next few months.

1012
01:29:53,360 --> 01:30:00,400
Um other than when you do have someone
in that position permanently, that would

1013
01:29:58,960 --> 01:30:06,639
probably one of the things you would
include in their um um first annual um

1014
01:30:04,560 --> 01:30:12,400
goal setting session would be, hey, you
need to start partnering with uh PNR to

1015
01:30:09,920 --> 01:30:18,000
to figure that out. So that'd be my
recommendation. Well, I guess then

1016
01:30:15,440 --> 01:30:23,040
informally, is that something that the
board is interested in talking with

1017
01:30:20,080 --> 01:30:28,800
Parks and Wreck about? because they're
kind of looking for is this something

1018
01:30:25,120 --> 01:30:35,120
we're as a board even interested in in
partnering with them and them actually

1019
01:30:31,679 --> 01:30:42,800
having the building but then having part
of it

1020
01:30:36,800 --> 01:30:45,800
set aside for uh senior center um
activities.

1021
01:30:46,880 --> 01:30:56,320
I think
it be

1022
01:30:51,600 --> 01:31:03,040
us as an organization to
work with any other organization

1023
01:31:00,639 --> 01:31:11,440
that
may have the opportunity to do some

1024
01:31:06,480 --> 01:31:16,639
build a senior center. Um because that's
something, you know, we've all been

1025
01:31:13,280 --> 01:31:24,000
talking about it for years,
had discussions with the school district

1026
01:31:19,360 --> 01:31:32,239
that went backwards and nowhere and
we're still talking about it. Um, and

1027
01:31:29,520 --> 01:31:38,000
I would like to have those discussions
with the parks and recck board um to

1028
01:31:36,000 --> 01:31:43,080
include
that component. So,

1029
01:31:43,440 --> 01:31:52,480
» Lauren,
>> well, I won't be around for it, but I

1030
01:31:47,360 --> 01:31:58,239
disagree. It won't be a li an Elizabeth
Community

1031
01:31:54,560 --> 01:32:03,760
Senior Center. It will be a
u

1032
01:32:00,560 --> 01:32:09,199
commercial. Well, it' be under their
name. All we're going to have is a a

1033
01:32:06,400 --> 01:32:15,520
room to go to send our senior citizens
to. So, it will never be an Elizabeth

1034
01:32:13,440 --> 01:32:21,199
senior center
if we partner with parks and recrecks.

1035
01:32:19,679 --> 01:32:25,639
» I think it's something to get on the
agenda for us to talk about in the

1036
01:32:22,639 --> 01:32:25,639
future.

1037
01:32:30,960 --> 01:32:36,000
ought to go talk to the library. They
already got half a building they don't

1038
01:32:33,920 --> 01:32:40,080
even use and they got plenty of property
and it's in town.

1039
01:32:38,159 --> 01:32:43,360
» Um, have you been to the library
recently and gone to any of their

1040
01:32:41,679 --> 01:32:51,679
planning meetings? They already have
plans for their back room. That is um

1041
01:32:47,040 --> 01:32:59,040
they have been working on design. They
um that was part of uh the fundraising

1042
01:32:55,760 --> 01:33:05,040
for the Brewfest. They are looking to
completely redesign

1043
01:33:01,600 --> 01:33:15,120
the library and incorporate any and all
of the back room um with conference

1044
01:33:09,120 --> 01:33:25,760
space with um expanding the library into
both rooms. So, um it's got plans to

1045
01:33:20,159 --> 01:33:31,440
even add uh amenities outside. So, yeah,
they've already they're already working

1046
01:33:28,000 --> 01:33:34,440
on incorporating the whole rest of their
building.

1047
01:33:34,719 --> 01:33:37,719
So,

1048
01:33:39,040 --> 01:33:45,840
Tracy, did you have something?
>> No, I just You had brought up you

1049
01:33:43,360 --> 01:33:48,000
brought up the Pine Ridge. Yes.
>> property and

1050
01:33:47,280 --> 01:33:52,560
» yeah,
>> you know, possibly what we're going to

1051
01:33:50,400 --> 01:33:57,760
do with that.
>> Do we need to wait until after the

1052
01:33:55,440 --> 01:34:03,760
facilities management?
>> Which is exactly what I was going to say

1053
01:33:59,760 --> 01:34:10,639
is that um that's part of the point for
doing that is to have the plan in place.

1054
01:34:07,360 --> 01:34:14,960
Then we can look at that and say, okay,
well, we own this piece of property.

1055
01:34:12,880 --> 01:34:21,920
What are we going to do with it? and
what's the best the best thing to do

1056
01:34:17,440 --> 01:34:26,400
with it um to serve the most people. So,
I I think

1057
01:34:24,480 --> 01:34:31,679
you're just a little bit ahead on that
one.

1058
01:34:28,719 --> 01:34:36,880
Well, I will say that I budgeted revenue
for that for next year. So, I I figured

1059
01:34:34,880 --> 01:34:41,520
that before you did anything, we'd
probably be able to do that. Plus, we

1060
01:34:38,880 --> 01:34:46,239
also need to be um respectful of the
individual that's living there and give

1061
01:34:43,040 --> 01:34:52,480
them time to plan as well. So, um
>> Well, and that's why I wanted to talk

1062
01:34:50,639 --> 01:34:53,760
about it because we do have somebody
living there.

1063
01:34:53,360 --> 01:34:57,040
» Yeah.
>> Um

1064
01:34:55,120 --> 01:35:02,480
» but
included in that is whether we build

1065
01:35:00,800 --> 01:35:07,199
something on it or we don't build
something on it.

1066
01:35:04,320 --> 01:35:10,880
It has not been annexed into town,
>> which it should be,

1067
01:35:08,159 --> 01:35:14,320
» and it has not been zoned for town,
>> which it should be.

1068
01:35:11,840 --> 01:35:17,040
» Both of those things need to occur.
Also,

1069
01:35:15,120 --> 01:35:20,800
» I I I would I would I would just say
that once you've once you've had the

1070
01:35:18,880 --> 01:35:25,760
consultant um take a look at that
property and make some recommendations,

1071
01:35:23,280 --> 01:35:30,239
once they've seen it in context with the
rest of the properties, then you'll have

1072
01:35:28,080 --> 01:35:34,800
a better idea of of the direction you
might head. But at this point, I think

1073
01:35:32,400 --> 01:35:39,760
it's a little premature to decide
anything on it right now. Um,

1074
01:35:38,080 --> 01:35:45,840
you know, you'll have that study done
probably by close to the end of the

1075
01:35:41,440 --> 01:35:50,239
year, if not um um if not by the end of
the year, it'll be in January. Uh, and

1076
01:35:48,320 --> 01:35:55,360
so
during that time, you can then kind of

1077
01:35:53,520 --> 01:35:59,760
make a strategic decision about what you
might want to do with that as well as

1078
01:35:56,960 --> 01:36:04,159
the other vacant property that's also in
the master plan.

1079
01:36:01,679 --> 01:36:05,760
» Yeah. Are you're talking about the uh
geese lot,

1080
01:36:05,120 --> 01:36:08,760
» correct?
>> Okay.

1081
01:36:13,520 --> 01:36:20,000
» Okay. Next up then is management
monitoring reports. Chris, do you have

1082
01:36:17,920 --> 01:36:27,040
anything else?
>> Uh, I don't other than uh uh what you

1083
01:36:23,840 --> 01:36:32,880
have in my report other than uh uh
Travis did start yesterday. So, you you

1084
01:36:29,120 --> 01:36:36,960
you actually do have a new mic. Uh uh he
had a commitment today. Um so, I did

1085
01:36:35,040 --> 01:36:43,520
excuse him. I also didn't want to feed
him to the Lions just quite yet uh on

1086
01:36:39,760 --> 01:36:51,280
his second day. And um he was uh
amenable to u that period of grace. So,

1087
01:36:47,520 --> 01:36:56,719
uh I I think um so he's he's gotten to
have a little facility tour um on

1088
01:36:54,800 --> 01:37:03,119
boarded with Michelle a little bit and
then I'll um I'll be talking to him

1089
01:37:00,320 --> 01:37:09,920
later this week and we'll get him up and
running and then you all can go after

1090
01:37:06,560 --> 01:37:16,239
him in the next meeting. But so anyway,
I think uh we're very excited to have

1091
01:37:11,760 --> 01:37:20,480
him. um staff uh has really enjoyed um
um the opportunity to get to know him

1092
01:37:18,239 --> 01:37:25,119
and I think we're only going to be uh
more and more pleased as he grows into

1093
01:37:22,880 --> 01:37:30,080
the role. But I will tell you this, I do
want you all to have some you're going

1094
01:37:28,239 --> 01:37:35,679
to he's not going to have the
institutional memory that Mike did and

1095
01:37:33,840 --> 01:37:41,280
you're going to have to give him time.
But um Mike's also uh been gracious

1096
01:37:38,560 --> 01:37:46,960
enough uh I did sign an agreement with
him just so he could be on call to help

1097
01:37:44,000 --> 01:37:52,400
Travis uh on board and with questions as
he's as he's getting um his feet wet.

1098
01:37:50,000 --> 01:37:57,520
So, but we're we're excited to have him
and uh and uh I think you're going to be

1099
01:37:54,880 --> 01:38:01,480
very pleased with him long term. That's
all I have. Thank you, ma'am.

1100
01:38:01,520 --> 01:38:07,520
» Corey, do you want to go now?
>> Sure.

1101
01:38:05,280 --> 01:38:14,400
So, I do have one thing and that is more
of a trying to get direction on your

1102
01:38:11,199 --> 01:38:19,600
municipal judge. So, um the municipal
judge has not been here in quite some

1103
01:38:16,239 --> 01:38:27,040
time to to visit with the board. Um but
his term has long since um his initial

1104
01:38:23,840 --> 01:38:31,600
term has expired. Um, and really you're
at the point where the new board

1105
01:38:29,199 --> 01:38:37,119
following the November election can
certainly uh consider what to do with

1106
01:38:35,280 --> 01:38:42,960
the municipal judge and start from
scratch. Um, but I wanted to at least

1107
01:38:40,000 --> 01:38:47,920
raise the issue with you because if
there was a desire to um and and there's

1108
01:38:46,159 --> 01:38:51,520
no need to have any any decisions
tonight. This is more to sort of alert

1109
01:38:49,679 --> 01:38:56,239
you that this issue is out there.
There's two ways to do it. One is to

1110
01:38:53,199 --> 01:39:01,760
just wait until the the new board is
elected and have them decide. The other

1111
01:38:59,520 --> 01:39:06,800
thing if is if there's any issues or
concerns, you could always start the

1112
01:39:04,239 --> 01:39:12,080
process. The judge could apply as well
and you could have it teed up for the

1113
01:39:08,560 --> 01:39:16,239
new board. Um, so it is entirely up to
the board how to proceed, but you know,

1114
01:39:14,400 --> 01:39:21,239
I wanted to at least raise the issue
that that it is something that's hanging

1115
01:39:18,080 --> 01:39:21,239
out there.

1116
01:39:23,040 --> 01:39:30,480
Thank you. Does anybody have any
questions about that?

1117
01:39:27,840 --> 01:39:35,719
» I think it should be on next agenda.
>> I think it should be on a later agenda

1118
01:39:32,000 --> 01:39:35,719
for us to talk about.

1119
01:39:36,960 --> 01:39:42,280
» Everybody okay with that?
>> Yes.

1120
01:39:38,800 --> 01:39:42,280
» Yeah. Okay.

1121
01:39:44,080 --> 01:39:49,239
» Chief, do you have anything else for us?

1122
01:39:49,679 --> 01:39:56,639
Well, well, I do have one point, madame
mayor, mayor, and pretend members of the

1123
01:39:53,199 --> 01:40:00,719
board is that uh in your monitoring
report, it's discussed about an

1124
01:39:58,159 --> 01:40:06,639
investigation that our IAK task force is
working with the FBI. An arrest was made

1125
01:40:03,679 --> 01:40:12,159
early this afternoon. Um, it was made
with not only the FBI, but the

1126
01:40:10,000 --> 01:40:18,440
Homeland Security Investigations, the
Greley Police Department, and the Weld

1127
01:40:14,800 --> 01:40:18,440
County Sheriff's Office.

1128
01:40:19,119 --> 01:40:24,199
and obviously the town of Elizabeth. So,

1129
01:40:25,280 --> 01:40:30,360
» any questions for Chief?

1130
01:40:32,639 --> 01:40:39,119
You're off the hook easy tonight. Alex,
do you have anything for us? Um, I just

1131
01:40:37,199 --> 01:40:44,239
wanted to add that I do have the
schedule for uh Saturday's barbecue

1132
01:40:42,639 --> 01:40:50,080
volunteer
um schedule uh ready for you guys. I'll

1133
01:40:47,440 --> 01:40:56,719
send that out after the meeting tonight.
Um, just a quick overview. I have the

1134
01:40:53,119 --> 01:41:01,520
mayor and mayor prom first up on um
volunteering for the ID checks at the

1135
01:40:59,119 --> 01:41:06,320
beginning from 11:30 to 1:00 and then
you're off the hook for the rest of the

1136
01:41:04,320 --> 01:41:12,000
event and you can enjoy yourselves.
Staff will cover the ID checks for the

1137
01:41:09,360 --> 01:41:19,600
remainder of the event. Um and then we
will have um the rest of you um that are

1138
01:41:15,920 --> 01:41:25,840
there help with cleanup.
So I have Yeah. And I I'll have uh I'll

1139
01:41:23,119 --> 01:41:30,800
have it set aside on on the um the
document that I send over just what

1140
01:41:27,600 --> 01:41:35,679
we're cleaning up. Um so you know and so
you don't you can just start once pe

1141
01:41:33,520 --> 01:41:42,880
once the participant the guests have
left um we can clean up and get it um

1142
01:41:39,920 --> 01:41:48,719
all set aside. And mainly it's just
putting away the tables and chairs that

1143
01:41:45,280 --> 01:41:53,280
we will have rented down on the park. um
taking tablecloths off, setting up

1144
01:41:50,960 --> 01:41:57,440
chairs and tables and stacking them off
to the side. Um so other than that,

1145
01:41:55,360 --> 01:42:02,480
it'll be I think an enjoyable event for
you all. Um just need about an hour, an

1146
01:42:00,159 --> 01:42:06,239
hour and a half of your time um spread
throughout. So um if you have any

1147
01:42:04,480 --> 01:42:11,520
questions, feel free to reach out to me
or Michelle, but we'll see you down at

1148
01:42:08,480 --> 01:42:16,960
the park um around 11:30 um that
morning. Are we having one entrance into

1149
01:42:15,040 --> 01:42:19,760
the park like they did for the Brewfest
or we having two entrances?

1150
01:42:18,800 --> 01:42:22,080
» Two entrances
>> at each end. Okay. One at each end.

1151
01:42:21,760 --> 01:42:26,239
Okay.
>> Yeah. We're not um we don't have to have

1152
01:42:24,080 --> 01:42:30,159
that fencing like like they had like
they needed at the Brewfest. So, we'll

1153
01:42:27,840 --> 01:42:34,080
have same setup like it they do at
Friday night market. So, we'll have

1154
01:42:31,920 --> 01:42:41,360
north side, south side. We'll have
ticket sales um on each side too um that

1155
01:42:38,000 --> 01:42:47,360
staff will be doing. So, um yeah, I I
anticipate it being busy from 12 to 2

1156
01:42:44,239 --> 01:42:52,639
and then tampering off as um the next
two hours there. So, yeah, should be a

1157
01:42:50,239 --> 01:42:58,960
good event. Please get the word out. Um
I think we're going to we haven't had a

1158
01:42:54,320 --> 01:43:04,400
lot of pre-sale tickets. Um so, I
anticipate there being a lot of walk-ins

1159
01:43:01,920 --> 01:43:10,719
um getting, you know, getting those
tickets. So yeah, get the word out um if

1160
01:43:06,960 --> 01:43:13,719
you can and yeah, hope hope to be a good
event.

1161
01:43:14,880 --> 01:43:19,600
» I will not be there.
>> Okay,

1162
01:43:17,119 --> 01:43:23,760
» I will be handling for Brandon at the
hardware store. He is having some family

1163
01:43:21,760 --> 01:43:31,440
deals and he needs some help and so I
will be covering the store.

1164
01:43:27,600 --> 01:43:35,679
» Any questions or comments for Alex?
James.

1165
01:43:33,760 --> 01:43:39,320
» I I don't have anything to add if I'm
open to any questions.

1166
01:43:40,400 --> 01:43:49,760
» Um, are they
on schedule

1167
01:43:47,600 --> 01:43:56,400
in Hillside?
Um, you know, in terms of their

1168
01:43:52,400 --> 01:44:02,040
construction and and their plan, how
it's going. Um because

1169
01:44:02,480 --> 01:44:13,199
it just seems like
it's not moving very fast. I know it is.

1170
01:44:08,880 --> 01:44:19,040
I know you've had a lot of concrete
curbs and sidewalk that you've had to

1171
01:44:16,719 --> 01:44:24,960
replace and
um you know that's resulted in the

1172
01:44:22,320 --> 01:44:33,280
problem of the sidewalk not meeting the
end of the road. So there's gaps

1173
01:44:29,199 --> 01:44:39,920
um that really you can't drive over.
Well, I probably could, but it wouldn't

1174
01:44:35,840 --> 01:44:46,719
be good for my car. Um
so is that, you know, is that on

1175
01:44:43,679 --> 01:44:49,840
schedule? Are we getting behind on any
of that or

1176
01:44:48,239 --> 01:44:54,000
» That's a good question. Thank you. And
that yes, I mean, as far as what's going

1177
01:44:51,679 --> 01:44:57,760
on, as it was previously mentioned
before the project started, there are

1178
01:44:56,000 --> 01:45:00,719
soil conditions in there that we are not
aware of. And so, as we're going

1179
01:44:59,360 --> 01:45:05,040
through, we're finding some of those
areas. And so, we're correcting those

1180
01:45:02,719 --> 01:45:09,600
issues. And that does cause some delay
in, you know, setting the forms and

1181
01:45:07,840 --> 01:45:14,880
pouring concrete and things of that
nature. But there as far as where they

1182
01:45:12,560 --> 01:45:20,239
started back at Amanda Court and making
their way down Rushmore and you know

1183
01:45:17,040 --> 01:45:25,600
getting down especially uh down near
Liberty and you know in those areas.

1184
01:45:23,199 --> 01:45:30,960
Yes, we are moving and and we are still
ahead of schedule as far as um contract

1185
01:45:28,639 --> 01:45:36,719
end date is December 15th if I'm
correct. So we are still well in into

1186
01:45:33,520 --> 01:45:40,719
schedule. We're still navigating
uh you know with with the residents as

1187
01:45:38,639 --> 01:45:44,800
far as like getting them in and out and
the tight scenario that we're dealing

1188
01:45:42,400 --> 01:45:49,199
with. Um and then we're getting into
areas when we get on to Logan and

1189
01:45:46,800 --> 01:45:54,880
especially in Lionel when we finally get
in there and start, you know, opening

1190
01:45:51,040 --> 01:45:59,280
that ground up. We do have some sewer um
work that will have to be done and that

1191
01:45:57,040 --> 01:46:04,080
that's very time sensitive. So when we
we really get into that phase, um that's

1192
01:46:02,480 --> 01:46:08,000
really when it's going to get kind of
tight and kind of crazy, but it's

1193
01:46:05,760 --> 01:46:14,880
because you can't be without services.
So when we open it up to to do it that

1194
01:46:10,719 --> 01:46:18,480
day, we have to set and go. Um and so we
have weekly updates. I have I have a I

1195
01:46:17,040 --> 01:46:23,280
have a meeting tomorrow morning to go
over some of the issues uh and progress

1196
01:46:20,960 --> 01:46:30,800
as well, but I think we're I think we're
handling it pretty well.

1197
01:46:26,159 --> 01:46:38,880
And I just I'm seeing progress.
I'm seeing new curb and gutter. I'm

1198
01:46:35,119 --> 01:46:44,800
seeing the old road deteriorate
even faster

1199
01:46:41,440 --> 01:46:50,320
it seems. Um,
and it's just, uh, I still have a

1200
01:46:47,920 --> 01:46:54,880
concern about
how are they going to handle

1201
01:46:52,639 --> 01:47:02,400
um, when they're paving and doing any of
the work around the mail kiosk cuz it's

1202
01:46:58,000 --> 01:47:07,040
kind of like right in the middle.
It's not

1203
01:47:04,960 --> 01:47:14,080
if you don't have you got to be able to
get to the mail kiosk. And I I just want

1204
01:47:10,080 --> 01:47:19,360
to make sure that that's on their mind
and that they're aware of it because

1205
01:47:16,560 --> 01:47:22,960
people need to get their mail.
>> Correct. Yeah. And it's a concern. It is

1206
01:47:21,679 --> 01:47:27,600
a concern of ours
>> and as we approach that then we'll

1207
01:47:25,440 --> 01:47:32,719
better identify a plan and there again
it's going to be kind of extra hands on

1208
01:47:30,000 --> 01:47:36,400
deck to make sure because a lot of the
tie-in that goes around that little

1209
01:47:34,320 --> 01:47:42,320
structure has to be done with smaller
equipment and it has to be kind of a

1210
01:47:38,880 --> 01:47:45,920
followup. Um the majority of the the
surrounding area can be done with the

1211
01:47:44,000 --> 01:47:52,840
larger machines and then you get closer
and you have smaller equipment and a lot

1212
01:47:47,679 --> 01:47:52,840
of hand work but it is a concern.

1213
01:47:53,920 --> 01:48:02,880
» And then what
uh what are we looking at the time frame

1214
01:47:59,040 --> 01:48:07,600
for when we actually start on
uh the park and those

1215
01:48:05,520 --> 01:48:12,639
» That's a that's a good question too. So
the the park itself as a whole is

1216
01:48:10,159 --> 01:48:16,000
actually a secondary and you'll see that
once Logan has been completed through

1217
01:48:14,800 --> 01:48:19,840
that stretch
>> and it's actually serviceable and then

1218
01:48:18,320 --> 01:48:23,840
that's when you'll start to see a lot of
the what's called grubbing and clearing

1219
01:48:21,520 --> 01:48:27,840
and removing of the old equipment and
soils and things of that nature. It just

1220
01:48:26,320 --> 01:48:32,159
doesn't make sense now to bring in
another crew and stack on top of traffic

1221
01:48:30,320 --> 01:48:35,360
because then it really comes down to
basically a walking lane because it's so

1222
01:48:34,320 --> 01:48:41,360
narrow through there,
>> right? I mean, it's it's it's extremely

1223
01:48:38,080 --> 01:48:46,159
tight and um I' I've you know, daily I
have conversations with residents with

1224
01:48:43,199 --> 01:48:50,800
different concerns and and we see it. We
do and we're handling it accordingly, I

1225
01:48:48,480 --> 01:48:58,400
believe.
>> And I just, you know, that's as much for

1226
01:48:54,400 --> 01:49:04,560
my own edification as as anything else.
Um,

1227
01:49:01,280 --> 01:49:10,239
another question that
I have for you is I just want to make

1228
01:49:08,480 --> 01:49:17,679
sure
that we'll be fixing the intersection at

1229
01:49:15,840 --> 01:49:20,639
Elbert
and Logan.

1230
01:49:19,679 --> 01:49:22,960
» Logan.
>> Yeah. Cuz it's

1231
01:49:22,480 --> 01:49:25,920
» Yes.
>> You know, it's like a four-wheel drive

1232
01:49:24,400 --> 01:49:29,520
experience.
>> Um, whenever you go.

1233
01:49:28,560 --> 01:49:35,119
» That was that was actually a
conversation last week and I I reviewed

1234
01:49:32,480 --> 01:49:40,320
the design plan uh last week just to
make sure that what'll happen especially

1235
01:49:37,920 --> 01:49:45,360
on the entry from that into the
neighborhood there is a reinforced

1236
01:49:42,400 --> 01:49:52,480
concrete uh drive pan that goes in there
to connect into the uh the new asphalt.

1237
01:49:49,520 --> 01:49:56,639
we won't have asphalt on asphalt there
because we have so much weathering from

1238
01:49:54,560 --> 01:50:02,239
the water and snow and that's always
been a point of contention. But on the

1239
01:49:58,719 --> 01:50:07,600
other three sides as well, we're cutting
back on that and blending it in. So

1240
01:50:04,320 --> 01:50:12,880
every transition at that four-way will
be smooth.

1241
01:50:09,679 --> 01:50:16,719
» Okay. Thank you.
Then I had another question for you and

1242
01:50:14,880 --> 01:50:23,280
it's actually doesn't have anything to
do with Hillside. Um,

1243
01:50:20,239 --> 01:50:28,639
it's about mowing and weeds.
>> Mhm.

1244
01:50:24,000 --> 01:50:34,800
» Um, because down on Main Street, where
Main Street Station is supposed to go,

1245
01:50:31,920 --> 01:50:46,239
we've got some seriously
tall weeds. And we don't own that land.

1246
01:50:39,520 --> 01:50:52,080
It It's It's private owned. Are we not
making the land owner

1247
01:50:48,960 --> 01:50:57,760
mow to get rid of the weeds? Certainly,
if nothing else and for, you know,

1248
01:50:55,840 --> 01:51:03,760
wildfire
mitigation.

1249
01:50:59,760 --> 01:51:13,280
Um, when we're looking at where it is,
it it's cuz I'm having a hard time with

1250
01:51:08,960 --> 01:51:21,520
certainly down there in that area. Uh if
we're coming down hard on residents to

1251
01:51:17,199 --> 01:51:26,320
mow areas that they don't own, that the
town owns, and we're telling them they

1252
01:51:24,159 --> 01:51:30,159
have to mow it, and yet we're not
requiring,

1253
01:51:28,159 --> 01:51:36,239
you know, the Main Street Station people
to do some basic mowing on their

1254
01:51:33,440 --> 01:51:39,760
property to get rid of their 8-ft tall
sisle

1255
01:51:37,760 --> 01:51:45,760
um and
other things that they of going on

1256
01:51:42,400 --> 01:51:53,440
there. I I just What are we doing about
that? And um

1257
01:51:49,679 --> 01:51:57,040
cuz it's becoming a problem the way I
see it.

1258
01:51:54,719 --> 01:52:04,639
» No, I'm happy to answer that. So in in
the past years um the uh enforcement has

1259
01:52:02,719 --> 01:52:08,719
no what happens traditionally is they
get a first notice and then they get a

1260
01:52:06,560 --> 01:52:14,320
second and before the third is issued
the land owner actually then hire

1261
01:52:10,960 --> 01:52:18,719
someone out to come out and mow it and
that's when the big fine comes in. And

1262
01:52:16,719 --> 01:52:22,560
for something that size, it's not just a
normal fine. It's a, you know, it's a

1263
01:52:20,480 --> 01:52:26,560
commercial fine. And so that's when
they're like, "Okay, well, it's cheaper

1264
01:52:23,920 --> 01:52:32,159
for me to hire somebody to come in and
brush hog it and take care of it." Um,

1265
01:52:30,320 --> 01:52:36,239
I I don't have the easy answer for you.
I just know that enforcement is involved

1266
01:52:34,239 --> 01:52:43,360
with it. I don't know what stage that
is, but I mean, we can look into it and

1267
01:52:39,119 --> 01:52:46,960
see if we can rectify it some more.
I I and it's so visible.

1268
01:52:46,320 --> 01:52:53,440
» Absolutely.
>> Um you know you and a lot of people like

1269
01:52:50,960 --> 01:53:00,719
this weekend come down to the park again
for these other events and

1270
01:52:57,040 --> 01:53:05,920
here's welcome to our
special weed field that we have. I well

1271
01:53:03,679 --> 01:53:12,639
it I could add too that we have to be
careful um that you know if we're we're

1272
01:53:09,760 --> 01:53:17,199
in the too dry a condition there's
always unseen hazard in there and I know

1273
01:53:14,639 --> 01:53:22,880
certain individuals that have found
things out in that field that uh could

1274
01:53:20,719 --> 01:53:28,080
cause spark and could could cause fire.
We've had some moisture and even in our

1275
01:53:26,320 --> 01:53:32,960
own efforts of going out and doing other
maintenance with curb lines and parks

1276
01:53:30,639 --> 01:53:36,560
and things of that nature and easements
that started to uptick a little bit. But

1277
01:53:34,800 --> 01:53:42,800
we have to be cautious of that as well
cuz that being so close to residential

1278
01:53:40,719 --> 01:53:46,719
homes right there, that's a big field
and once that goes up, if it sparks up

1279
01:53:45,280 --> 01:53:50,800
and the way we've had wind, that's
that's a bad scenario all the way

1280
01:53:48,239 --> 01:53:54,560
around.
If if I could add, we'll we'll we'll

1281
01:53:52,800 --> 01:53:59,520
contact the owner and we'll have code
enforcement um take a look at it and

1282
01:53:56,639 --> 01:54:06,080
we'll we'll get on it.
>> All right. Thank you.

1283
01:54:03,119 --> 01:54:12,880
» I actually got one more thing and
actually this is about Hillside. I I am

1284
01:54:10,000 --> 01:54:18,480
terribly troubled that we have actually
had people in Hillside

1285
01:54:15,760 --> 01:54:24,560
um that have accosted
the construction workers and

1286
01:54:22,000 --> 01:54:35,199
threatened them or whatever it is that
they've done and um I hope that

1287
01:54:30,239 --> 01:54:42,560
has decreased or and stopped happening.
Um, I

1288
01:54:38,400 --> 01:54:48,480
have not witnessed it, but I also live
in a different area of the development

1289
01:54:45,679 --> 01:54:53,679
for where it's really tight and it's
hard for people to get in and out and

1290
01:54:51,520 --> 01:55:02,800
just that
um I know the police are aware of it. I

1291
01:54:58,080 --> 01:55:08,000
think you said Chris um and
just that I

1292
01:55:05,679 --> 01:55:12,239
certainly hope we're encouraging people
if they're

1293
01:55:10,239 --> 01:55:18,080
hacked off about something to talk to
the appropriate people and do not

1294
01:55:15,840 --> 01:55:21,199
take it out on the construction workers
that are just there.

1295
01:55:19,840 --> 01:55:27,040
» Yeah, I would encourage your neighbors
to to to call me and and tell me I'm

1296
01:55:24,560 --> 01:55:30,719
horrible. I'll I'll be more than willing
to have those discussions, but it

1297
01:55:29,360 --> 01:55:35,760
certainly shouldn't be the guy that's
got a reflective vest on that's just

1298
01:55:33,280 --> 01:55:41,520
trying to do the job. So, the chief is
uh already uh aware of it. Um stepping

1299
01:55:39,119 --> 01:55:45,440
up uh some controls and then we've also
talked with the contractor and said,

1300
01:55:42,960 --> 01:55:48,880
"Hey, note people's identities and if
you if you can and if you get a license

1301
01:55:47,199 --> 01:55:54,719
plate, we're we're going to go after
those folks." So, um it is unacceptable.

1302
01:55:52,239 --> 01:56:01,440
I was terribly
um I just I was disgusted when I heard

1303
01:55:58,159 --> 01:56:06,000
some of the stories and uh no contractor
I I don't I don't care how you feel

1304
01:56:03,760 --> 01:56:12,000
about the situation
um should have to be threatened on a on

1305
01:56:09,360 --> 01:56:16,320
a project. So, we're we're going to get
very aggressive and we've made it clear

1306
01:56:13,520 --> 01:56:21,440
to the contractor, please let us know we
don't think it's acceptable and we will

1307
01:56:18,080 --> 01:56:27,599
back you up on making sure that we're um
enforcing a a decency and code of

1308
01:56:24,880 --> 01:56:31,440
conduct there. So, we're we're working
on it. I just thought the only reason I

1309
01:56:29,760 --> 01:56:35,040
included it in my report is I thought it
was important for you all to know that

1310
01:56:32,639 --> 01:56:38,960
that was happening. Um and and I get the
frustration. I get that it's

1311
01:56:36,320 --> 01:56:43,840
inconvenient, but there is a limit to
what um those folks should have to deal

1312
01:56:41,760 --> 01:56:50,239
with, and having to dodge a car that's
trying to hit them is is beyond the pale

1313
01:56:46,560 --> 01:56:53,040
in my opinion, but we're on it. So,
>> thank you.

1314
01:56:51,440 --> 01:56:57,520
» That's not the only neighborhood. I
talked to the the fire chief here a

1315
01:56:55,520 --> 01:57:04,639
while back when they had the fire out
the Gold Creek. He was amazed at some of

1316
01:57:01,040 --> 01:57:09,840
the people that he encountered out there
and he was trying to help him and they

1317
01:57:07,280 --> 01:57:14,040
was not kind to him.
So, it's not only your neighborhood.

1318
01:57:16,719 --> 01:57:27,760
» Alex, I do have one question for you on
the facade grant program. How do how do

1319
01:57:24,080 --> 01:57:34,159
you get the word out to property owners
about that program each year? Um, how do

1320
01:57:31,040 --> 01:57:38,000
you get that to each and all eligible
properties?

1321
01:57:35,040 --> 01:57:42,560
» Yeah. So, we send an email out to all of
the property owner email addresses that

1322
01:57:40,239 --> 01:57:47,040
we have. Um, and then we put it in the
newsletter. Um, email addresses for the

1323
01:57:45,679 --> 01:57:52,800
property owners that are within the
boundary for the facade grant. Then we

1324
01:57:49,280 --> 01:57:58,159
sent put it in the newsletter. Um, and
we also send it out to all of the

1325
01:57:56,480 --> 01:58:03,360
property owners that are on our local
historic register because you can either

1326
01:58:00,480 --> 01:58:09,920
be in within the downtown main street
boundary. I say downtown because it's

1327
01:58:05,520 --> 01:58:15,760
also part portion of 86. Um, and then
also if you are a local historic

1328
01:58:12,800 --> 01:58:21,119
registered property, so we we get it out
by that and then those that we miss by

1329
01:58:18,159 --> 01:58:24,360
email, we put it in the newsletter.
Thank you,

1330
01:58:25,119 --> 01:58:32,880
Michelle.
Mayor, Mayor Prom, board members, I do

1331
01:58:29,840 --> 01:58:39,920
have a couple of things. Um, first, we
did get six petitions turned in for the

1332
01:58:36,239 --> 01:58:43,760
open seats. All six are sufficient. Um I
have sent notification out to those

1333
01:58:42,000 --> 01:58:50,480
people today. So I can't I'm not going
to announce who they are until um next

1334
01:58:46,960 --> 01:58:56,159
week because we have on Monday we do a
drawing for the order of the ballot. Um

1335
01:58:53,679 --> 01:59:02,719
so after that I will post it. I will
notify um for that. Um then I wanted to

1336
01:59:01,040 --> 01:59:06,800
show you these are the new senior bags.
We have old ones still so we'll mix

1337
01:59:04,320 --> 01:59:10,880
them. But those are the ones um and
those are our sponsors. So they paid for

1338
01:59:08,719 --> 01:59:17,440
half of them. So I thought that worked
out pretty well. Um

1339
01:59:14,320 --> 01:59:25,119
I have um I'm going to ask about
direction from the board. Um,

1340
01:59:21,599 --> 01:59:29,119
we have only right now our policy,
it's not necessarily in writing writing,

1341
01:59:27,280 --> 01:59:34,320
but it's been discussed that at the
Geeseon lot in the once parking spot for

1342
01:59:31,760 --> 01:59:40,719
the food trucks that we only allow them
to do once a week or randomly, maybe if

1343
01:59:38,000 --> 01:59:46,639
they need a second one. But I have um
one of the trucks asking to do a Friday

1344
01:59:44,080 --> 01:59:51,199
and a Sunday. And I wanted to find out
what the board felt about that. Um cuz

1345
01:59:49,599 --> 01:59:58,080
those are kind of the two and it would
be like an all day thing. Um not just a

1346
01:59:54,480 --> 02:00:02,800
few hours or something. Um and the we
have two trucks right now that are that

1347
02:00:00,400 --> 02:00:09,440
have license or you know permits to be
there. Um and they are up at the end of

1348
02:00:05,920 --> 02:00:14,520
October. So um I just kind of wanted to
be able to get back to this food truck

1349
02:00:11,280 --> 02:00:14,520
on that.

1350
02:00:14,960 --> 02:00:22,960
Do we typically have competition for
those two days?

1351
02:00:19,520 --> 02:00:26,400
» Just between these two groups on the
these two trucks,

1352
02:00:24,800 --> 02:00:30,239
» but I don't even know if the other truck
I can find out. I don't know if they're

1353
02:00:28,239 --> 02:00:33,040
even still up and running.
>> Okay.

1354
02:00:31,119 --> 02:00:39,239
» I haven't really noticed them down there
on Fridays.

1355
02:00:35,040 --> 02:00:39,239
» Okay. Um

1356
02:00:40,639 --> 02:00:52,320
I think it's
okay if I mean um

1357
02:00:48,960 --> 02:01:01,520
if they're the first one to apply.
>> Okay. Thank you. Um, but you know,

1358
02:00:58,480 --> 02:01:06,800
» um, then the only other thing I had is,
um, for at the barbecue, and I forgot to

1359
02:01:04,560 --> 02:01:09,920
talk to you about it, Alex, but I just
thought I didn't know if the board cuz I

1360
02:01:08,719 --> 02:01:14,320
didn't know if you were going to do the
boo bash if whatever happens because you

1361
02:01:12,560 --> 02:01:18,000
didn't seem really enthusiastic when we
brought it up, but um, and you have

1362
02:01:16,560 --> 02:01:23,599
plenty of it. If you just wanted to put
a couple of boxes with your older swag

1363
02:01:20,560 --> 02:01:28,080
in it, just just set out. Not that you
have to sit and hand it out, but if you

1364
02:01:25,679 --> 02:01:32,880
wanted that. Um, I think we weren't, at
least for me, I wasn't excited about it

1365
02:01:30,719 --> 02:01:41,280
because
they weren't getting back to I I got a

1366
02:01:36,080 --> 02:01:47,199
hold of Mary and she um because I had
somebody who wants to be a vendor at

1367
02:01:43,599 --> 02:01:51,679
that and um
I talked to them this weekend and they

1368
02:01:49,679 --> 02:01:59,360
did get a call back from her after I
spoke to her. So, it sounds like it is

1369
02:01:54,320 --> 02:02:05,280
going to go forward. Um, I think
I think we should be there as a board.

1370
02:02:03,679 --> 02:02:06,960
It is a big event.
>> Boo bash.

1371
02:02:06,000 --> 02:02:08,880
» Boo bash.
>> It's huge.

1372
02:02:08,080 --> 02:02:13,840
» Um,
>> is huge.

1373
02:02:09,760 --> 02:02:19,520
» But yeah, not really knowing where
things stood and and

1374
02:02:16,800 --> 02:02:24,560
I had multiple people telling me I can't
get a hold of her. are, you know, who's

1375
02:02:21,840 --> 02:02:27,840
doing this? Are is it even going to
still happen?

1376
02:02:25,920 --> 02:02:31,040
» So, anyway,
>> but I did get a hold of her this last

1377
02:02:29,840 --> 02:02:35,599
week. So,
>> just just the board's aware that their

1378
02:02:33,520 --> 02:02:37,199
website is back up, but there are no
events.

1379
02:02:36,480 --> 02:02:40,320
» Yep.
>> There's nothing.

1380
02:02:39,280 --> 02:02:44,000
» But,
>> yeah, those pages aren't existing right

1381
02:02:42,800 --> 02:02:50,080
now.
>> Yeah, I looked at it over the weekend.

1382
02:02:46,639 --> 02:02:58,760
So, do you want to put some of your old
through swag out and just in a box or

1383
02:02:52,560 --> 02:02:58,760
anything by the at the barbecue? Um,

1384
02:03:00,960 --> 02:03:07,440
» sure. If we have it.
Yeah,

1385
02:03:05,360 --> 02:03:13,360
» that's all I have unless anybody has any
questions. Any questions for Michelle?

1386
02:03:11,840 --> 02:03:18,639
Um
just on the email about dates for the

1387
02:03:16,639 --> 02:03:25,199
budget workshop.
>> Um the 12th is the first responders

1388
02:03:23,119 --> 02:03:30,560
event. So I'm going to be tied up with
that.

1389
02:03:26,719 --> 02:03:34,639
Um the 19th I could do
and the 26th I could do.

1390
02:03:33,280 --> 02:03:37,280
» Sorry I didn't get that email back to
you.

1391
02:03:35,119 --> 02:03:44,480
» Thank you.
Yeah, I think the fact that the

1392
02:03:40,880 --> 02:03:51,679
um the 12th is the first responders
chili cookoff thing that

1393
02:03:47,920 --> 02:03:57,719
um that would not be an optimal time for
us to

1394
02:03:53,599 --> 02:03:57,719
» be having some chili

1395
02:03:59,199 --> 02:04:07,880
» the work session a little quicker
>> blow it'll blow the doors off this Nice.

1396
02:04:12,880 --> 02:04:17,639
» Any other questions or comments for
Michelle?

1397
02:04:18,480 --> 02:04:28,320
» Then next up is board of trustee
reports. Lauren, do you have anything?

1398
02:04:24,239 --> 02:04:35,000
» I do. Um, I would like to apologize to a
couple people about some comments I've

1399
02:04:31,199 --> 02:04:35,000
made in public meeting.

1400
02:04:42,400 --> 02:04:47,480
Tracy, I don't have anything.

1401
02:04:48,159 --> 02:04:51,159
Mike,

1402
02:04:51,599 --> 02:05:02,880
» um I have a few. So
this uh question

1403
02:04:58,080 --> 02:05:07,840
comes down um both for you Chris and um
for you as well James.

1404
02:05:05,599 --> 02:05:13,199
The lights that we currently have on
Main Street. Um

1405
02:05:11,119 --> 02:05:17,520
we've lost another one which I'm sure
you're aware of in front of um the

1406
02:05:15,920 --> 02:05:23,679
incident happened right in front of uh
Ry's antique shop.

1407
02:05:20,320 --> 02:05:29,840
That's two that we've lost since they
were installed. My question for both of

1408
02:05:27,199 --> 02:05:37,599
you is,
is there a consideration of

1409
02:05:33,440 --> 02:05:43,119
taking those street lights
and the thought is reversing them,

1410
02:05:41,119 --> 02:05:48,400
spinning them around on their poles, if
that's even possible, so the light is

1411
02:05:45,119 --> 02:05:52,719
now hanging over the sidewalk and not
over a parking spot.

1412
02:05:50,639 --> 02:05:59,920
So, yes, that's been a discussion and
and it's not a it's not a 180°ree turn.

1413
02:05:56,320 --> 02:06:03,360
It would be a 90 degree turn um simply
due to the fact that you have your

1414
02:06:01,280 --> 02:06:07,119
banners and the banners actually sit
lower than the lights.

1415
02:06:04,639 --> 02:06:10,800
» Right. But those are not bolted to the
pole.

1416
02:06:08,639 --> 02:06:14,159
» No, but they they do cause damage if
they are twisted.

1417
02:06:12,080 --> 02:06:18,000
» But they're strapped to the pole.
Correct. They are strapped to the pole,

1418
02:06:16,000 --> 02:06:23,040
but you have to understand that the the
material that that the poles are

1419
02:06:19,840 --> 02:06:26,480
constructed of are not uh solid steel.
They're comp they're

1420
02:06:24,960 --> 02:06:27,520
» in layman's terms, they're they're a pot
metal.

1421
02:06:27,040 --> 02:06:31,360
» Yeah.
>> Right. So they're not they're not very

1422
02:06:29,760 --> 02:06:34,320
» No, it's it's a much cheaper grade of
metal, but it's

1423
02:06:32,639 --> 02:06:37,199
» and so that the discussion has been to
turn them 90° in one direction.

1424
02:06:36,719 --> 02:06:39,599
» Sure.
>> Um

1425
02:06:37,760 --> 02:06:47,119
» so they're not hanging over a parking
>> correct. Uh and so you know that that

1426
02:06:43,840 --> 02:06:53,440
will be something that um will come up
here very soon uh in discussion. We want

1427
02:06:51,679 --> 02:06:55,920
to look at it. I actually h have been
talking to the electrical contractor

1428
02:06:54,880 --> 02:06:57,599
that wired them.
>> Good.

1429
02:06:56,320 --> 02:07:00,800
» Have to make sure that we have enough
wire loop inside of those posts.

1430
02:06:59,920 --> 02:07:03,520
» Service loop. Yeah.
>> To do it.

1431
02:07:02,000 --> 02:07:08,320
» Um
and if we do, then it's a just a matter

1432
02:07:06,239 --> 02:07:09,840
of which direction do you want them to
face

1433
02:07:08,800 --> 02:07:16,159
» aesthetically. Right.
>> Right. So, um, no, it's we're very aware

1434
02:07:13,840 --> 02:07:18,960
and the and and the culprits are the big
moving box trucks and

1435
02:07:17,440 --> 02:07:24,320
» Yeah. that are 13 ft in height.
>> They just don't they don't think about

1436
02:07:20,800 --> 02:07:27,040
it and they turn in and back up to them
or run into them on, you know, going

1437
02:07:26,480 --> 02:07:30,719
forward.
>> Yeah. Whether they're parallel parking

1438
02:07:28,560 --> 02:07:33,280
in some fashion where they back in or if
they come in

1439
02:07:31,920 --> 02:07:39,440
» at first.
>> Um, good. I'm glad that that is on your

1440
02:07:35,520 --> 02:07:46,280
radar then, James. Thank you. Um, next,
um, and this also, um, ties in with Main

1441
02:07:42,239 --> 02:07:46,280
Street. Um,

1442
02:07:46,800 --> 02:07:57,599
with the hail event that we had, uh, on
a Friday, um, it was brought to my

1443
02:07:53,520 --> 02:08:02,000
attention that Brooke again took water
um, into his building. Um, he had to

1444
02:08:00,159 --> 02:08:08,000
sandbag his doors obviously to try and
keep as much of it out. Um he then took

1445
02:08:04,400 --> 02:08:12,480
it upon himself to go and um clear and
open those drains that are in the gravel

1446
02:08:11,040 --> 02:08:21,760
portion, you know, underneath their
railing. I guess the the question is is

1447
02:08:17,760 --> 02:08:26,480
has Brooke brought that to anybody's
attention to you, Chris, um or to you,

1448
02:08:24,719 --> 02:08:32,000
James, as far as town goes? He hasn't
said a word. Okay. Just just trying to

1449
02:08:29,599 --> 02:08:36,800
find out. Um he's a very amicable guy,
but

1450
02:08:33,599 --> 02:08:41,199
uh I know that
Main Street's

1451
02:08:38,960 --> 02:08:46,800
buildout and the way it came to
fruition, obviously there's

1452
02:08:44,719 --> 02:08:52,239
still an issue, especially when we take
on that kind of level of of water and

1453
02:08:49,760 --> 02:08:57,119
especially when it's a hail event. So
clogs up all the drains, the water can't

1454
02:08:54,320 --> 02:09:02,239
get through there. There really may may
not be um much of an alternative there.

1455
02:08:59,840 --> 02:09:08,639
Um,
next thing I'd like to ask, um, what is

1456
02:09:06,320 --> 02:09:13,679
the town's
response

1457
02:09:10,239 --> 02:09:19,119
to squatters
in people's homes within town? Do we

1458
02:09:17,440 --> 02:09:25,199
have anything that addresses that or
not? That's strictly a private matter.

1459
02:09:21,679 --> 02:09:29,520
Okay. Um, Chief, I just noticed and I
don't know if it was even brought to the

1460
02:09:27,679 --> 02:09:35,440
Summit Capital. I believe they're the
owners of 676 South Banner. Um that's a

1461
02:09:33,760 --> 02:09:40,800
foreclosed property. To my
understanding, uh former own occupants

1462
02:09:38,320 --> 02:09:44,239
were Torrance. Um and one day when I was
walking by there, the back door was wide

1463
02:09:42,880 --> 02:09:48,239
open. It appears that somebody's living
in the basement. Um I don't think that's

1464
02:09:46,639 --> 02:09:51,520
the case anymore. And obviously maybe
Summit's already addressed that. So I

1465
02:09:49,760 --> 02:09:56,719
just don't know if I didn't know if the
town had any any say in squatters or or

1466
02:09:54,639 --> 02:09:59,679
anything like that. So I I will leave it
at that.

1467
02:10:06,000 --> 02:10:12,760
Steve, did you have anything?
>> Not tonight.

1468
02:10:13,920 --> 02:10:23,440
» Did you have more to say, Lauren?
>> No, I do not.

1469
02:10:17,840 --> 02:10:31,679
» Okay. Um, I went to a core lunchon on
Thursday and they talked about um

1470
02:10:29,119 --> 02:10:39,520
that the big solar farm that's out on
the Kya Bennett road that is providing

1471
02:10:34,880 --> 02:10:47,520
power for core and they're um right next
to it they will also be putting up um a

1472
02:10:43,840 --> 02:10:52,880
battery storage field and again that is
um servicing

1473
02:10:48,960 --> 02:11:01,199
core. I know that it had been out there
that all that was for Excel, but core is

1474
02:10:56,400 --> 02:11:08,000
a recipient of a bunch of that power and
just the various things they're trying

1475
02:11:03,599 --> 02:11:15,599
to do to help keep costs down for um
those of us that are in the core service

1476
02:11:11,280 --> 02:11:20,960
area. Um and
um

1477
02:11:18,159 --> 02:11:25,760
that um
they do have some energy saving

1478
02:11:23,840 --> 02:11:31,840
programs. if you have air conditioning
and you have a programmable

1479
02:11:28,560 --> 02:11:37,360
remote uh thermostat that they can tap
into and they can adjust your air

1480
02:11:34,960 --> 02:11:43,280
conditioning for various times of the
day and kick it up a little bit which

1481
02:11:39,760 --> 02:11:52,960
will help save you during the peak
hours. Um anyway, but they are

1482
02:11:48,480 --> 02:12:02,960
um very active in our community and
um they also want everyone to be aware

1483
02:11:57,040 --> 02:12:09,040
that if data centers are proposed in
their service area that they because I

1484
02:12:06,719 --> 02:12:14,320
know this is a hot topic right now all
across the country that they require the

1485
02:12:13,119 --> 02:12:23,360
data centers
to build their own electrical facilities

1486
02:12:19,360 --> 02:12:35,119
to have enough power generation so as to
not be pulling from uh the normal grid.

1487
02:12:29,920 --> 02:12:43,040
um and so as to not create increases to
everyone else's power costs because they

1488
02:12:38,880 --> 02:12:47,840
require the facilities to um build and
supply the power for their facilities.

1489
02:12:45,599 --> 02:12:57,280
So anyway, those are just a couple of
hot button things that um uh their

1490
02:12:53,119 --> 02:13:04,239
representative was um talking about to
let people know about. Um, and other

1491
02:13:00,800 --> 02:13:09,040
than that, that's all I've got. Next up
is

1492
02:13:06,000 --> 02:13:15,440
minutes of the Main Street Board of
Directors meeting of March 9th, uh,

1493
02:13:12,480 --> 02:13:21,280
April 6th and July 13th, and minutes of
the planning commission meeting of March

1494
02:13:17,679 --> 02:13:24,639
9th, 2026. Any questions?
>> No.

1495
02:13:21,920 --> 02:13:29,440
» Nope.
Then

1496
02:13:26,800 --> 02:13:37,440
I'm going to make a motion to close the
regular meeting and open the executive

1497
02:13:33,760 --> 02:13:42,239
session at 9:12 p.m. to determine
positions relative to matters that may

1498
02:13:39,599 --> 02:13:48,639
be subject to ne negotiations,
develop a strategy for negotiations

1499
02:13:44,719 --> 02:13:53,239
and/or instruct negotiators pursuant to
CRS subsection 24-6-424E

1500
02:13:54,079 --> 02:14:00,880
regarding finalists for the town
administrator position.

1501
02:13:58,239 --> 02:14:08,079
» I'll second it. I've got a motion and a
second to close the regular meeting and

1502
02:14:05,040 --> 02:14:12,400
open the executive session.
All those in favor, please say I.

1503
02:14:11,679 --> 02:14:16,880
» I.
>> All those opposed, please say nay.

1504
02:14:14,800 --> 02:14:21,440
» That passes unanimously.
>> I just want just want to note for the

1505
02:14:19,520 --> 02:14:25,840
record that there is an agenda item
after the executive session. So, it is

1506
02:14:23,520 --> 02:14:31,719
possible the board could reconvene for a
final ma for a final action item. Thank

1507
02:14:28,719 --> 02:14:31,719
you.

1508
02:14:33,599 --> 02:14:37,880
» Chief and Chris are still out there.

1509
02:14:42,079 --> 02:14:47,440
» We're back on the record.
>> Okay.

1510
02:14:45,040 --> 02:14:52,400
» And I would note this is item 17 on the
agenda, I believe.

1511
02:14:50,079 --> 02:14:56,000
» Yes. Discussion and possible action on
an agreement with the new town

1512
02:14:53,920 --> 02:15:02,719
administrator.
Um, I will make a motion to approve the

1513
02:15:00,159 --> 02:15:09,760
employment agreement between the town of
Elizabeth and Finley Degraphen Reed.

1514
02:15:08,159 --> 02:15:14,159
» I'll second it.
>> Effective October 5th.

1515
02:15:11,280 --> 02:15:17,760
» Effective October 5th.
All those in favor, please say I.

1516
02:15:16,560 --> 02:15:23,920
» I. I.
>> All those opposed, please say nay.

1517
02:15:20,800 --> 02:15:26,560
» That passes unanimously.
I move to adjourn.

1518
02:15:25,360 --> 02:15:30,719
» Second.
>> We have a motion and a second to

1519
02:15:28,560 --> 02:15:32,159
adjurnn. All those in favor, please say
I.

1520
02:15:31,360 --> 02:15:36,800
» I.
>> All those opposed, please say nay.

1521
02:15:34,480 --> 02:15:42,040
» That passes unanimously. Thank you,
Michelle.

1522
02:15:38,800 --> 02:15:42,040
You're welcome.