[0:21] I'd like to call to order the board of trustees regular meeting for Tuesday, o [0:26] August 25th, 2026 at 7 am. >> Michelle, can I get a roll call, please? [0:32] » Mayor Turnis >> here. [0:34] » Mayor Prom Hutchkins >> here. Trusty Einspark [0:37] » here. >> Trusty Schroeder [0:38] » here. >> Trusty Gaither [0:39] » here. >> Trusty Connley [0:41] » here. >> If you all rise to say the pledge of [0:45] allegiance with me. [1:15] Next up is unscheduled public comment. Um, this would be for [1:21] anything other than the matter that has a public hearing this evening. Um, if [1:28] there's anything else that someone would like to get up to talk about, you will [1:34] have five minutes um to speak. When you come to the [1:40] podium, please make sure the microphone is on and that you state your first and [1:45] last name and your address and spell your last name for the record. I have [1:50] one person that signed up for unscheduled public comment. Jace. [2:03] » Uh, Jace Wick, uh, 490 East Elm Street, uh, W I C HT. [2:16] Okay, so I'm back again. [2:22] Thank you for uh thank you for uh listening to my concerns about the main [2:28] street uh stuff and our ability to get into our apartments. That hearing that [2:36] uh made me really grateful and seeing that uh a couple days ago that you [2:41] actually listened was very nice. But uh I again have [2:47] something to complain about. I it's the uh it's the uh I don't know [2:54] the actual name for it, but like the little stage area behind our apartments [2:58] uh where like Brew Fest, the the market, the Friday night markets or whatever [3:04] where that those are all taking place. Uh it's just quite frankly [3:10] way too loud. It's it's uh it is almost unbearable during when these events are [3:19] happening and and it's like I don't want these things to go away per se. I mean I [3:26] feel like they can there are viable things in our community, right? But it's [3:32] an issue of I can't people shouldn't be forced to deal with this every single [3:37] week. you know, I I uh people have issues where they can't, you know, [3:44] handle it. Like I have autism, CPTTSD. I can't handle these loud concerts going [3:50] on every single week without fail. And it's like I know they're all pretty much [3:56] over now, but I know there's going to be more events, more things happening. And [4:01] it's like, how am I supposed to, you know, live in the apartment that me and [4:06] my girlfriend pay for when when every single week without fail, I'm going to [4:11] have this loud event always showing up and there and it feels like I [4:18] can't do anything about it but leave the apartment that we are paying for. And [4:22] it's like why why should I? I mean it's a level of [4:30] I you know it's like again I don't want these to go away per se but I think it [4:35] should be taken into consideration that we need to uh have them at a lesser [4:42] amount like every other week uh could work month you know just not where it's [4:49] happening every single week without fail I mean how uh Uh last week we had the [4:56] both the car show and the brew fest that were where like the car show was on Main [5:02] Street and the the Brew Fest was back there. So it's like back toback days. [5:07] I just had to just sit in my apartment while while [5:12] everything was being so loud and concentrated into our apartments because [5:18] I mean where else is the noise supposed to go? [5:22] You know, it's not fair to us that we are because, you know, I think, you [5:28] know, if this was a different city or whatever, a different, you know, in a [5:32] bigger city or whatever, I don't have the room to complain. If this was [5:34] Denver, this was Aurora, this was Colorado Springs, I wouldn't have the [5:38] ability to complain about this because, you know, that's kind of what you expect [5:42] from those cities. If you move into downtown Denver, downtown Aurora, [5:46] downtown Colorado Springs, and you're bitching about noise, why are you there? [5:50] But here where I didn't expect th this to happen, it's annoying because [5:57] inherently when we moved in here, this wasn't [6:01] something we were expecting. And if we this was something that we were [6:05] expecting I think we would have looked into different areas like Denver like [6:09] Aurora like Colorado Springs because you know what's the point of moving out out [6:15] here somewhere where it's inherently very close-knit very you know quiet just [6:21] to just for the [ __ ] just for like uh just for a music act to come in every [6:28] single week and just make it as loud as Denver, Aurora, Colorado Springs, etc., [6:35] etc., you know, like why would I like why as a [6:41] person would I move here if if that was constantly happening? And like I have [6:47] recorded videos of of times where I just had to leave the house cuz it got too [6:52] much. And uh I could like walk all the way up to almost the graveyard, you [6:58] know, the cemetery, and you could still hear the band playing. And I don't think [7:03] that's acceptable. I don't think I don't think that should be acceptable for the [7:09] for the town we are in to have that kind of noise. [7:21] That is all. >> Thank you, Jace. [7:31] Was there anyone else who would like to speak during this unscheduled public [7:37] comment? [7:46] Paul Shoreskov, town of Elizabeth resident. [7:50] After the last board meeting when uh [7:55] the board of trustees actually turned down a request for the high density [8:00] housing on Banner Street. The residents of Pine and Maine and [8:07] Banner Street were overjoyed. You should have seen them dancing in the streets. [8:12] Of course, the question they asked next was, "Well, what's next? [8:16] What are they going to do?" And I couldn't tell, couldn't answer [8:21] that. I just said, "Well, they'll probably let staff make the decision." [8:27] And so my question to you, and their question is to you, is [8:32] how come you don't tell the staff what you would like to see done with that [8:36] property? [8:41] Because if you just wait for town staff to [8:46] decide what to do, they'll provide you with a a plan that you may not agree [8:52] with either. So they're saying, [8:56] "Well, there's only two houses on the block to the south. There's only two [9:00] houses on the block to the east. There's only two houses on the block to the [9:05] north. How come they just don't copy that?" [9:09] I couldn't answer that, but that's what they expect of you. [9:16] Also, I got another question. [9:22] I had a resident tell me that, well, the code enforcement officer is going to his [9:27] property and telling him he's got to mow the city property between his fence line [9:34] and the pavement. And when he told them that it wasn't his [9:40] property, that it was city property, the code enforcement officer told him, "Yes, [9:45] but it's your responsibility to take care of it." [9:49] Well, if that's true, how come the city property along Main Street where the [9:56] thistles are 6 feet tall? How come they're not serving the mayor with a [10:02] summons to go to court over weed ordinance? [10:11] She also told him that the judge is demanding that she bring these [10:20] properties into compliance. Now, if the judge is going around town [10:25] looking at properties [10:30] and determining which properties need to be brought into compliance, [10:34] mind you, city property, adjoining the private property. [10:41] Well, I'd say he's overstepping his bounds. And I would think that you would [10:45] investigate and find out whether or not the judge is actually doing this or [10:50] perhaps it's the code enforcement officer. [10:57] Thank you. [11:01] Thank you, Paul. Is there anyone else that wishes to [11:05] speak during unscheduled public comment? [11:10] Okay, then we'll move on to agenda changes. [11:15] Chris, do you have any agenda changes? >> There are none. Thank you. [11:21] » Board, do did you have any agenda changes? [11:26] » No agenda changes. Uh therefore, the agenda is set. Next up is our consent [11:32] agenda. The minutes of the regular meeting of August 11th, 2026. [11:37] minutes of the special meeting of August 19th, 2026 [11:43] and the James Distilling Company LLC temporary salesroom license. Are there [11:49] any questions, comments, or corrections? I know I have couple corrections in the [11:58] minutes. Um [12:03] um spellings of spelling of names >> the um August 11th meetings. [12:14] Um page three of the minutes under public [12:19] on the public hearing. Um the last name of Turnis was spelled with [12:26] two S's and should only be one. Um, on number seven, the vote on that same [12:35] page, Trustee Schroeder's name was spelled wrong both for ordinance 2611 [12:42] and 2612. And then [12:46] trusteeio's name, last name was spelled wrong on um [12:51] page four of the minutes on the last item [12:55] under um uh [13:01] on the on your uh staff report. Otherwise, everything was good. Did [13:09] anybody else have any comments, questions, or corrections? [13:15] to the minutes or questions on the distilling company. [13:24] Okay, then I'll entertain a motion. >> Put forth a motion to approve the [13:28] consent agenda. >> Second. [13:32] Have a motion and a second to approve the consent agenda. All those in favor, [13:37] please say I. I. >> I. All those opposed, please say nay. [13:41] That motion passes unanimously. Up next is a presentation, [13:46] historic clock unveiling. Diana, [13:58] good evening, mayor, mayor prom, and trustees. Um, it's my honor tonight to [14:03] present a clock to the board of trustees from the family of Donald Shriner. Uh, [14:09] one of the things that I love about my job, um, working with Alex Kramer in the [14:14] community development department is that we get to get involved with the history [14:18] of the town of Elizabeth. It's very rich and our historic advisory board has been [14:24] able to dig deep into the facts of the the buildings and the people. And one of [14:32] the things that we implemented a couple years ago, historic advisory board, I [14:37] add we to that, but it's uh the oral history program. And through that, we've [14:43] been able to get local residents to share their stories and their history. [14:49] Through part of that, one of our historic advisory board members, Bob [14:53] Rasmmanson, had a conversation with Lucy Hoffines, who knows a lot about the [14:58] history of our town. And through that conversation, it was revealed that the [15:03] depot clock from the original railroad depot in the town of Elizabeth still [15:09] existed with the family of Donald Shriner. [15:12] So through uh a period over the last several months, we were able to um [15:18] locate that clock and the family has graciously donated it back to the town [15:23] of Elizabeth. It's hanging today over your shoulder. And what I would like to [15:29] do is read the wording on the plaque so that it's into our record tonight and [15:34] then introduce to you a member of that family. [15:39] So the Elizabeth Depot clock is believed to have served as the official station [15:44] clock in the Elizabeth Railroad depot. This historic time piece dates to the [15:49] late 1800s and reflects the arrival of rail service to Elizabeth in 1882. [15:56] For more than 50 years, it marked the time for railroad employees, travelers, [16:01] and the growing community. Displaying the word standard time, the [16:06] clock represents the area era when America's railroads introduced [16:10] synchronized timekeeping to improve safety and efficiency. Before electronic [16:16] signaling, accurate depot clocks were essential for coordinating train [16:21] operations and avoiding collisions on single track rail lines. When railroad [16:27] service ended in 1936, the depot was sold and dismantled, but [16:32] the clock was preserved through the care of local families. [16:36] It was housed in Frank Garland service station, later entrusted by Warren [16:42] Garland to local collector Donald Shriner and ultimately inherited by his [16:47] daughter. Through the efforts of the Elizabeth Historic Advisory Board, the [16:52] clock was located in Wisconsin and in a generous act of preservation, the family [16:58] of Donald Shriner donated it back to the town of Elizabeth. Today, the Elizabeth [17:04] Depot clock remains as a lasting symbol of Elizabeth's railroad heritage and the [17:10] community members who preserved its history for future generations. [17:15] So, I'm happy and honored to introduce to you Maryanne Anderson, [17:20] and she uh will let you know her story and her relationship to Donald Shriner. [17:28] » Thank you. First of all, I'd like to thank her for what she's done. I had no [17:34] idea what my brother had this until my niece Ladonna called and said, "I'm [17:41] sending a clock to you that will hang back where it belongs." [17:48] So, I have a funny story I'm going to share with you. My name is Maryanne [17:52] Shriner Anderson. So, I'm going to share a funny story. Where you guys are now [17:58] sitting, this is my aunt's and uncle's living [18:03] room. [18:07] So, many years ago, the Shriner Motor Company, which is now the carriage [18:11] house, was owned by my dad's two brothers. [18:15] It was the Shriner Motor Company. They brought in their brand new cars in [18:20] October. They covered them up. My brother was 15 years old. They went [18:27] to drove to Casser and they would bring the cars. The [18:33] sheriff stopped him one time. Wanted to know what he was doing driving a brand [18:37] new car cuz he was 15 years old, no license. [18:42] His name was Judge Roy Brown. [18:47] And uh Don told him they were bringing the new cars in. He said, 'Well, just [18:52] drive careful. Um, I am proud to say I've lived here [18:57] all my life. I know what all you guys know because [19:03] this is why you live here. How good it is to live here in Elizabeth. I [19:07] graduated 60 years ago with 200 in our red building. [19:14] So, it's an honor to have this held here. [19:19] My brother enjoyed clocks. I assume Warren Garland gave it to him cuz my [19:26] brother worked for Warren Garland. The gas station was down on the corner. We [19:31] had a drugstore when I was here. We had the Elizabeth Locker plant and they had [19:36] a swimming pool. We also had [19:40] uh Walmart for us which was called the Merkantill. [19:45] My dad's sister and brother-in-law had the red and white grocery store where [19:51] the tax shop was. Um, a lot of good memories here. A lot [19:55] of good people that lived here. We knew everybody. You didn't lock your car [19:58] doors. You didn't lock your house. It was a fun time to be here. It's a unique [20:03] time. I have felt that I've been a unique time. my um dad or my mom went to [20:11] school with my husband's dad and at one time there was very few [20:16] people in lives but like I say all my family was here my husband's family was [20:21] all around brothers and sisters and they said if the town of Elizabeth [20:28] would grow the Andersons and the Shriners would be related well we are so [20:34] it has been we got a lot of family history here of uh if my folks's family [20:41] wasn't ranching, they had different things here, different businesses than [20:46] Elizabeth. It they helped Elizabeth grow back in its day when the missile base [20:51] came. That was an experience. You couldn't walk across the street because [20:56] the tra traffic was so heavy. But it was a unique time to have grown up here. And [21:02] I'm proud to pay I live in Douglas County, have for 60some years, but I've [21:07] always still been this is home. Thank you very much. I greatly appreciate it. [21:20] Thank you. [21:24] Well, that's the whole best part of the meeting. Um [21:29] um we're going to close the regular meeting and go into the public hearing [21:36] for Gold Creek Commons PUB First Amendment. Alex. Yeah. Thank you, Mayor, [21:42] uh Mayor Protown, members of the board. Uh tonight we have the Gold Creek [21:47] Commons Plan Development First Amendment application. Uh, so the applicant, David [21:53] Bourne, representing the Steven and Betty Gibson Charitable Remainder Trust, [21:58] requests that the board of trustees approved an amendment to the Gold Creek [22:01] Commons plan development. The plan planning commission reviewed this [22:05] application last week at their August 18th meeting and voted unanimously 7 to [22:11] zero to recommend approval to the board of trustees. The amendment revises the [22:15] land use plan, the development standards, and the housing mix [22:18] established under the 2007 zoning, and it is accompanied by an amended [22:23] development guide that sets the standards for each planning area. The [22:27] property comprises approximately of 56.4 acres on the north side of Highway 86 [22:33] within the town. Um, I have uh Mr. David Bourne, um, the applicant's [22:39] representative here with us tonight that I'll have come up and introduce himself. [22:43] um and the owner and and the rest of the project. [22:51] » Thank you, Alex. Mayor, Mayor Prom, uh trustees, good evening. My name is David [22:56] Bourne and I represent the applicant on this project. Six months ago, this board [23:02] approved the sketch plan for Gold Creek Commons. During that meeting, however, [23:07] members of the board challenged us to determine whether there was a more [23:10] compatible project. While the approved sketch plan reflected the development [23:15] rights established under the 2007 planned unit development, the question [23:20] was whether we could improve upon it. Rather than proceeding directly into [23:24] preliminary plat, we accepted the challenge. Over the past six months, [23:28] we've worked extensively with town staff, our consultants, referral [23:32] agencies, and neighboring property owners. The amendment before you tonight [23:36] is the product of those conversations. One of the questions raised during the [23:41] sketch plan hearing came from Mayor Prom Hutchkins who asked whether the [23:45] commercial area adjacent to the Simon neighborhood represented the best [23:48] interest and the best transition or whether there was a better solution. At [23:53] the time, we agreed a better solution likely existed, but explained that [23:57] making that change would require a PUD amendment rather than a sketch plan. [24:02] This amendment is our response to that. Nearly all of the commercial has been [24:06] relocated and concentrated along Highway 86 where it is most appropriate and [24:11] least disruptive to the existing neighborhoods. In its place, we've [24:14] created a minimum 60-foot open space buffer exceeding well beyond that in [24:19] several locations to provide a more compatible transition while also [24:23] maintaining while also minimizing impacts to the adjoining homes and [24:28] equestrian properties. Trusty Connley, you also had some expressed some [24:32] concerns about the uncertainty associated with more than 25 acres of [24:36] future commercial development. While the traffic study projected anticipated [24:41] volumes, the size and location of that commercial area left a broad range of [24:45] future uses and variables. This amendment substantially narrow narrows [24:50] those variables. It reduces project projected traffic by approximately [24:56] one-third and replaces more than 25 acres of potential commercial [25:00] development with a single 3.3 acre neighborhood commercial site along [25:04] Highway 86. The result is a project that is more predictable, more compatible, [25:09] and more appropriate for its surroundings. We've also committed to [25:13] continue working with the neighborhood. Over the past six months, we've spent [25:16] countless hours doing exactly that. Not every request could be accommodated, but [25:21] many of the revisions before you are the direct result of those conversations. [25:26] Last week, the planning commission held its public hearing on this amendment. [25:29] After hearing from staff and the public in conducting its own discussions, the [25:34] planning commission unanimously recommended approval to the board. We [25:38] recognize that no development proposal resolves every concern, and we know [25:42] there are still issues on which reasonable people may disagree. We also [25:46] believe though that this amendment reflects the comments made by the board [25:50] during the sketch plan hearing, the input we've received from the [25:53] neighborhood over the past 6 months, and the recommendations of town staff and [25:56] the planning commission. The approved sketch plan remains available to us. We [26:03] are here tonight because we believe this amendment is a more thoughtful, more [26:07] compatible, and more responsive plan for this property. And we respectfully ask [26:11] for your support. With me tonight, I have Chris McGran, our traffic engineer, [26:16] Garrett Bales, our civil engineer, and Don Ryan, our planner, to stand for any [26:20] detailed questions you may have, and I'm also available after to hear to answer [26:24] any questions you may have for me. Thank you. [26:26] » Thank you. [26:31] » This is the time for public comment. Um, and I have one person that signed [26:37] up. Is it Renea Oar? Rene, [26:45] » you will have three minutes. >> Renee Oar, O as in olive, apostrophe B [26:52] as in boy, A R. Uh, do I give my address as well, [26:57] » please? >> 40305 [26:59] Margaret Drive. Um, I'm a resident of Elbert County, so not in the town of [27:05] Elizabeth, but um, I do have a question actually for you, Dan. [27:09] » David. David, I'm so sorry, David. Um, and it's can the staff provide a [27:14] side-by-side comparison of currently approved plan and the amendment, [27:18] specifically peak hour traffic, um, including school school times. Um, and [27:25] then total annual water demand. Um, does the amendment increase or decrease the [27:30] water usage and what is the source of that water? [27:33] So >> if it's okay to [27:37] when public hearing is done, I'll have a chance to rebut everything. Okay. [27:40] Respond >> if if you that's and I'll respond to [27:44] that. >> Great. Thank you. [27:49] » Is there anyone else who did not sign up that would like to speak? If so, please [27:54] come to the podium, state your name and address, and spell your last name for [28:01] the record, please. [28:10] Hi, I'm Carter. >> Is it on? [28:14] » Thank you. I'm Karen Carter. I've lived in the Simron neighborhood since 1997. [28:20] Um, myself and seven other Simron residents came together. We met with 36 [28:27] of our neighbors and educated them on this project. We also had several [28:32] meetings with the developers about our requests and what we really needed to [28:38] see happen. Um, we have a saying when we meet, who are you going to be mad at? [28:46] The property owner that has every right to sell the property or the developer [28:51] that has every right to develop the property. We went in with that attitude. [28:55] We talked to them about water. We talked to them about lights. We talked to them [29:00] about traffic. The commissioners supported us in our rural neighborhood [29:04] to not let all the traffic come through our neighborhood. We are in [29:09] conversations and emailing the commissioners to please work with all of [29:13] you on road 13 because when we look at this development and any development [29:20] that comes into Elbert County, we respectfully request you to look at [29:24] infrastructure, to look at your budgets, to look at what money you have. We [29:30] cannot be in Dr. Cog yet where the state will help fund some of that, but we can [29:35] look at the future. Road 13 connects directly to this property and 86 will be [29:42] a cluster. We are not going to stand up here and [29:46] say we're ecstatically happy about this, but we're not going to say that the [29:50] developer did not work with us. They were respectful. They were wonderful and [29:54] they reduced their commercial. They reduced a lot of everything that they [29:58] could and gave us buffers. If you need the names of the people, I [30:04] have a list. Okay. Thank you. >> Thank you. [30:12] Was there is there anyone else that wish to speak? This is your opportunity. [30:27] Paul Schwarz, town of Elizabeth resident. [30:31] Uh if you read your packet [30:36] as I did, it states that third 30% of uh [30:42] the property would be open space. In other areas, it says only 20% of the [30:46] property will be owner open space. [30:51] It also states that uh 3.2 units per acre in the [30:59] housing. Well, that includes all the commercial too and the roads. So, it's a [31:05] flawed comparison. Now, one thing they state in there is [31:13] that, oh, we're going to bring in so much tax revenue and and and [31:18] all of that and things will be lovely. They don't tell you that, yeah, it's [31:23] going to require drilling a new well. It's going to require hiring more public [31:27] works, going to require more officers, more calls for service from the police [31:31] department. They don't tell you that in their report. [31:36] Of course not. That's not what they're looking for. [31:40] So the question is, why did they go for the sketch plan if [31:45] they were then intending on coming back and asking for higher density? [31:52] How come they just didn't cut down on the, [31:55] you know, address the neighbors concerns about buffering and reduce the size of [32:03] the commercial area? No. No. They had to increase the number of residential. [32:10] There's no way that the that the concerns of the residents [32:15] were addressed properly. It was well what can we get maximum? [32:23] So question to you should be how come [32:29] they didn't anticipate market conditions? [32:32] Is it the town's responsibility to alleviate [32:37] failure to anticipate market conditions on commercial properties? [32:45] I don't think so. He should be held to his original plan [32:51] or at least the original densities. [32:56] Thank you. [33:05] Thank you, Paul. Is there anyone else that wishes to get up at this time and [33:11] speak? [33:16] Okay. Then >> yeah, I'd keep the public hearing open [33:21] for the developers rebuttal. >> Yes. [33:24] » Yes. >> Whenever that you ready for that? [33:27] » Yes. >> Okay. [33:29] » Um, thank you for everybody who came and spoke. I want to address just a couple [33:32] comments that made the question Rene that you had about the uh peak traffic [33:38] comparison in the application packet. We do have a tra uh two things. We have a [33:41] full a traffic impact study. We also as one of the exhibits have um a traffic [33:47] count comparison between the approved sketch plan and this proposal. Um I have [33:53] traffic engineer here. So just I'll go and you correct me if I say anything [33:56] wrong. It shows both um peak and off- peak traffic. It also shows new and [34:03] what's the other word? >> Okay, [34:08] I'm I'm off the deep end now. Um there's two classifications of traffic [34:13] that it shows. Depending on which one you look at, it demonstrates a decrease [34:17] of between 34 and 32% this proposal versus the sketch plan. And I think Alex [34:23] might have that if I don't know if you have a print out available or it it is [34:29] online in the packet if if you can show it, but it it was part of our [34:32] application. The second question you asked was about water. We don't [34:35] necessarily have a study that demonstrates here's the exact amount of [34:38] water that's going to be issued per use. When the PUB was approved in 2007, um [34:44] the owner had to agree that all of the water rights and shares that were that [34:48] ran with the property would be transferred to the town of Elizabeth in [34:51] exchange for the proposal of what was going to be what was going to be [34:55] developed that they determined and the water shares were going to be sufficient [34:59] to service that and in excess. The town has been using those water rights for [35:02] the past 20 years. the proposal that we have, and this is not as precise a [35:07] science as traffic count, but usually commercial uses about five times the [35:12] water usage as residential. There's big swings in there and there's big [35:15] variable, but that's kind of a general rule of thumb. And we've reduced um the [35:20] commercial from about 25 acres to about 3 acres. Additionally, a lot of the [35:23] restrictions that we voluntarily placed on the residents include water [35:28] management um clauses in terms of landscaping and and uses. Um I think [35:34] those are your two questions. Um the other question Paul you had mentioned [35:38] open space. I believe the and Don's here. He can answer the number is 30% of [35:42] the property is now open space. The requirement in the PUD I believe was [35:47] 5.5%. Um, Don, correct me if any of those [35:51] numbers are wrong. I think the big question, and Paul, you said it very [35:54] eloquently, why are we really here? If we had the sketch plan and we had it [35:58] approved, why are we here? Um, there was a very wise man at the sketch plan [36:03] hearing who also spoke about this and he said, um, the changes that are required [36:09] are sufficient, and I quote, a PUD amendment should be required for you to [36:12] approve this. followed up by saying they'd have half the opposition if they [36:16] would just take the commercial off the west side. That wise man was also Paul. [36:21] Um so he he brought both of those comments that I think really helped us [36:25] further this um discussion. So and I'm open to any other questions that you may [36:31] have at this time as well as any of my consultants and engineers. [36:38] Corey, is this where we need to ask additional questions or do that next? [36:45] » You can close the public hearing and ask questions if if you want to go to [36:50] deliberations. >> Okay. Well, I have some questions before [36:54] » that then. Um [37:02] it in the development plan it talks about the single family detached as the [37:10] shift toward a primarily single farm family detached residential program with [37:18] uh single family attached housing limited to planning. Area two is more [37:24] consistent with the character of the surrounding residential. So, is that [37:29] planning area number two going to include both single family attached and [37:34] single family detached? >> I'm glad you brought that up, mayor, [37:38] because that was one of the one of the other items of feedback that came back [37:41] from the sketch plan that we didn't address necessarily in the comments. Um, [37:44] the original sketch plan allowed for two planning two residential planning areas. [37:48] One had a minimum of 6,000 square foot detached homes. The other had minimum of [37:53] 4,500 ft detached homes, but also allowed for 3500 ft minimum lotsized [38:01] attached homes. Uh the sketch plan that we provided had the 134 homes and I [38:06] think it was 52 and 82 detached versus attached. Consistent feedback not only [38:13] from the trustees but also from many of the neighbors that we spoke to said they [38:16] didn't like the attached product. it felt a little too high density for this [38:22] type of setting. Uh as you know there was a lot of opinions you know some hey [38:26] they should be fiveacre minimum lots that obviously wasn't something that was [38:29] economically feasible but we did agree that um the challenge with the existing [38:35] sketch plan was that those residences were isolated to specific acreage. If we [38:40] could expand the acreage where we could put the homes we could spread them out [38:44] and have more detached homes. So right now the amendment shows um I think we're [38:51] allowed to have a maximum of 10 attached homes total and those would be allocated [38:57] or isolated in residential planning area 2 I believe is the right number which is [39:02] the area directly north of the commercial space. So the the closest to [39:07] Highway 86 furthest away from the existing homes. [39:11] » Okay, that makes more sense. Um, and then [39:19] why why did you choose a 14 pump gas station and convenience store to [39:25] determine um the traffic on the commercial acreage? [39:32] » Um, I think great question. Um, one of the things we did when we went through [39:36] the commercial, there were a number so and I'm going to give a long preamble [39:41] before I get to the answer. Um there were a number of uses on the commercial [39:44] list that were unappealing to a lot of the neighbors. They included I think a [39:48] liquor store, nightclub, some of the things that in discussions we said in [39:52] our proposal we're going to remove those from acceptable uses. Gas station [39:56] convenience store is one of them. The reason why we use that in the traffic [39:59] study, it is one of the highest traffic uses that could be placed on that site. [40:04] Uh, Trusty Connley, that was one of the things that you had brought up [40:08] frequently that you're putting these um you get 25 acres of commercial. The [40:13] range of what could be put on there is pretty wide. If it's something like a [40:18] gas station, it's going to use a lot of cars. It's going to have a lot of [40:21] traffic. If it's something like a, you know, I don't know, a remote work [40:27] office, it's going to have significantly less. But the variable is really great. [40:31] We selected something with the highest possible or one of the highest possible [40:36] traffic counts to use in our study. So when the reality comes in, it's not [40:40] going to be more than that. >> Okay. So that is not necessarily what [40:46] you're seeking to to put on there. >> It is one of the allowed uses. We are [40:50] not proposing here what what exactly is going to go there. [40:55] » Okay. Yeah, that was one of my other things because this is a commercial use [41:03] commercial mixeduse area or because it's in the PUB is that why [41:09] then you can put a gas station in there because in our normal ordinances [41:14] in commercial mixed use a gas station isn't allowed. It has to be in um [41:20] regional commercial or light industrial. So it is so a gas station commercial a [41:26] gas station convenience store is one of the specific allowed uses on this PUD. [41:32] It is not one of the ones that was egregiously offensive to the neighbors [41:36] that we selected to remove. >> Okay. Um then I just have a couple of [41:43] questions about the both the housing maximum height and the commercial [41:49] maximum height because both of those to me on the housing you've got a maximum [41:55] height of 35 ft and on the commercial a maximum of 40t which um both of those [42:03] will dwarf anything around them. Um, and to me that's too massive. And we don't [42:10] allow that in any other and I I understand this is a PUD and it has [42:16] different rules, but we don't allow that in any of the other [42:20] » um areas. So I'm curious why that much height. So, I I think a couple things [42:27] when we evaluated the PUD, we tried to identify the things that really gave um [42:32] I'm going to say the board and the neighbors serious heartburn. Um, and a [42:38] lot of that was the product product type, the attached product, the [42:42] proximity to the existing homes, the proximity of the commercial to the [42:47] existing homes, the volume of the commercial, and the traffic that it [42:50] generated. We didn't go line by line and try to [42:54] identify every single thing to rewrite the entire PUD. Okay? Not only for our [42:58] sake, our sake, but for yours as well. So, a lot of the elements we left in [43:02] there, we did in um reinforce some of them that we felt were lacking. There's [43:06] some elements in there where we changed language about landscaping, where we [43:10] changed language about um I think the fire protection and fire mitigation. Um [43:15] there was some language that we changed about water wise because those were the [43:18] things that came up as sensitive issues with the discussions that we had with [43:22] regard to it dwarfing. I think the um I think the concern that we really tried [43:29] to address was the compatibility and the transition between the existing [43:33] neighbors into ours. We know it's not going to be, you know, it's not going to [43:38] make everybody happy and and that would be very difficult to do. What we really [43:42] thought was important to address that issue which is the compatibility and [43:46] that's either height or you know width or attached um was the buffer between [43:53] the equestrian property on Simmeron which find which makes our western [43:57] border and ours. So we were able to put a 60oot buffer an open space buffer [44:02] between their property and the next nearest property. That means on that [44:06] property, so if somebody puts a home there, their back fence is 60 ft away [44:11] from their neighbor's back fence, the the existing Simron neighbor, but they [44:14] also have a 25 ft buffer or 25 ft setback from that fence to where their [44:19] structure would be. So that means that the nearest structure would be 85 ft [44:23] away from the neighboring property line. And many of those properties are a few [44:27] hundred feet away from their own property line. So I think that was what [44:30] we were really going for to ease the compatibility, not necessarily going and [44:35] adjusting every element of the existing uh landscape and architectural [44:40] guidelines. [44:43] » Okay. And then I know in the original agreement it talked about uh basically a [44:50] metro district. Mhm. >> Um [44:53] and so it looks like you're still going to [44:58] look at doing a metro district for the infrastructure. [45:02] » Yeah, I I would say that falls under the same category. That's something that's [45:05] in the existing PUD. We've left it in the PUD. We will explore to see if that [45:11] makes sense. Again, if it's compatible with [45:14] » what's going to be built there and who's going to live there, but we haven't done [45:17] anything to pursue that at this time. >> Okay. Um, and I know that in I think [45:23] it's in the original one, it talks about that the commercial property, the roads [45:31] in there are going to be um private roads. Um, is that still the intention [45:39] that the roads in the commercial area will be private roads? [45:45] » I'm going to admit you stumped me on that one. Okay. Um, [45:50] and and maybe Don, I don't know if you know the answer to that. [45:54] » Okay, I brought somebody smarter than me to answer that. Let me have Don answer [45:57] that. >> Thank you, [46:00] » Don Ryan with LII Design Group. Uh, so the the property for the commercial is [46:07] limited to 3.3 acres. That's a relatively small site. In addition, that [46:14] particular parcel has some constraints. It has the flood plane. It has the [46:19] existing sewer easement that runs through it. So, the effective net area [46:24] of that commercial area is actually smaller than 3.3 acres. There's really [46:29] not enough room to put a private street per se in that parcel. [46:34] » Okay. Um, I believe that I in my experience [46:39] you could maybe have two uses in that parcel, but more likely there will just [46:44] be one use, one commercial use in that 3.3 acre parcel. [46:50] » Okay, thank you. [46:55] » Does anybody else have questions for the applicant? [47:00] » I don't have any questions. >> Okay. [47:03] » All right. Thank you. >> Thank you. [47:09] Then at this time, we will close the public hearing [47:15] and go into new business at 7:46 p.m. [47:22] And we're in new business discussion and possible action on ordinance 2613, [47:29] an ordinance amending the planned unit development zoning for the property [47:34] generally known as the Gold Creek Commons PUD. [47:37] Alex, did you have anything to add? >> I I do not, but I'm open to any [47:43] questions. [47:47] James, can I ask you a question on the um where it talks about um and this is [47:53] under the fire stuff um about the 60,000 gallons [48:00] and 180,000 gallons. Does that mean there will be storage town owned storage [48:05] water storage tanks on that property? uh currently at this time. I know there's [48:10] there was some discussion when uh Mike was still with the town um for that. [48:18] There's also some discussion on um serviceability on uh sanitary sewer that [48:23] you know later on down the road with design um would would come up at some [48:28] point, but I I'm not too clear on if that's the 60 uh and 100,000 gallon [48:35] holding capacities of the current lift stations [48:39] um that we have in place. Um so I I'd have to look into that. [48:44] » Okay. Thank you. And I and I would just say this, practically speaking, things [48:48] like water storage are addressed at subdivision. Okay? [48:50] » So it'll be at that point where >> the water storage needs would be would [48:55] be evaluated and if necessary, those would be obligations to the developer. [49:00] » Okay. Thank you. Any other [49:06] questions or comments? [49:12] Uh, I would just like to say that um [49:18] I appreciate everything the applicant has done through this process. I have [49:25] been involved in and aware of numerous other [49:30] developments and processes and I have yet to come across an applicant um that [49:39] has put the effort into really listening to what questions that we had as a board [49:48] and also um to the residents because unfortunately the residents [49:54] abuing the property um sort of get usually get told [50:00] you know too bad you didn't buy it that kind of thing and you have not done that [50:06] and I appreciate that. I I think it speaks well to the ownership and to the [50:15] group. Um, and I just want to say I think you have done a good job with that [50:22] and I know that um, you know, we have a lot of, uh, residents from Simmeron here [50:31] that have spoken at other meetings in attendance tonight and I think it says a [50:38] lot to what you have done. um that they all have not had something negative to [50:46] say tonight. Um you've done a lot of work with the community. You've listened [50:53] to them and I I appreciate that. Um and I think um you've done a good job. I [51:02] personally I am for this because I see the changes [51:08] that you've made and [51:12] you know some people don't want growth necessarily to happen [51:18] in our community. Growth is a bad thing. Like it's a four-letter word. But [51:25] a community as a whole, we need growth. We need new people. We need new ideas. [51:34] Um, as I was reading through your maps and your plans and everything, I [51:41] thought, you know, this is an opportunity. This is a place where [51:47] someone might move in there and they say, "Hey, I I love where I live. [51:53] I want to have a business here that I want to be able to work where I live. [52:00] Um, that's the kind of things that keep this community growing [52:07] a and bringing people in and I um I I just I appreciate what you have [52:17] done. Um, you know, Angie talked about the the [52:22] building heights and stuff and those, you know, I realize those can be [52:26] addressed um at a later date when we get into, you know, more specifics. Um, but, [52:35] you know, I I'm in favor of ordinance 26-13. [52:43] Any other comments? If not, I'll accept a motion. [52:50] » Move to approve ordinance 26-13, an ordinance amending the planned unit [52:58] development zoning for the property generally known as the Gold Creek [53:02] Commons PUB. >> I'll second it. [53:06] I have a motion and a second to approve ordinance 2613, [53:12] an ordinance amending the planned unit development zoning for the property [53:16] generally known as the Gold Creek Commons PUD. [53:20] Michelle, can we do a re roll call vote? >> Yes, Mayor. Mayor Turnis, [53:26] » I. >> Mayor Proan Hutchkins, [53:30] » I. >> Trustee Einar, [53:32] » I. >> Trusty Schroeder, [53:34] » I. Trusty Connley >> I. [53:37] » Trusty Gaither >> I. [53:41] » That motion passes unanimously. Thank you gentlemen. [53:54] Next on our agenda is discussion and possible action on resolution 26R [54:02] 24, a resolution approving the settlement agreement upon termination [54:08] between the town and triplem construction LLC regarding the trade [54:13] contractor agreement for the Main Street streetscape project. Chris, [54:19] » thank you, Madam Mayor. I don't have much to add. I know that I've had [54:21] discussions with each of you uh extensively over the last uh several [54:26] months uh as we've um worked our way through this to this point. Um at this [54:32] point, we're um there's a little bit of back and forth from the from the legal [54:38] standpoint in terms of language. Um but and so I will defer to uh Cory's [54:44] superior area edition and uh knowledge on uh what we're doing there. Um I would [54:51] accept whatever recommendation he gives you. I I do not anticipate that we will [54:55] change the agreement other than the the last version that I gave you uh this [55:00] morning uh which was from Corey. Uh I don't anticipate changing it and I don't [55:06] think he's going to tell you that you should change it. So, um uh if it if it [55:11] is approved, I will take that to the uh opposing uh party and try and get this [55:18] thing buttoned up. That's all I have. Any other questions? I'm happy to [55:22] answer. >> Thank you. Corey, did you have something [55:25] for us? >> So, just just a couple things. So, first [55:28] of all, as to the language, there is one outstanding issue and it is very simple. [55:33] it is whether or not if there is what's referred to as a material breach of the [55:38] agreement whether the the prevailing party is entitled to attorney fees. Um, [55:44] practically speaking, am I worried about it? I'm not because I am confident the [55:49] town of Elizabeth would not materially breach the agreement. So, practically [55:53] speaking, it's not a concern. It is a legal concern in terms of the ability of [55:58] the town of Elizabeth to appropriate for that if it were to ever happen many [56:03] years in the future. My suggestion on that is to if you are inclined to [56:08] approve the agreement to approve it subject to my final approval and it [56:12] would only be as to that provision because everything else has been agreed [56:16] upon. Secondly, I just want to make sure the board knows what the agreement says. [56:22] And it is an agreement to essentially tell the contractor we're done. And [56:30] everything we see that's left there that we see or could discover today, we do [56:37] not have a claim against the contractor. Um, we do have a claim if there are [56:43] later latent defects. In other words, defects we cannot determine as of [56:48] today's date and the contractor has agreed to cooperate in the event that [56:55] the town determines it appropriate to um make a claim against the design [57:00] engineer. Um, I think while the contractor and the town have found it [57:06] hard to agree on most things, the one thing they can't agree on is that they [57:11] that the design was a lot of the issue that made this project much more [57:16] difficult. So, um I want to make sure what the town is getting into um and [57:21] that you all understand what the terms of the settlement are because, um this [57:25] is one of those where I think based on the direction you gave the town [57:29] administrator, no one's happy. Um but frankly, I don't think um litigation [57:38] over the amounts at issue could ever get you a better deal. [57:45] » Okay. So go over that part that's not currently in that. Can you say that [57:51] again? >> The first the part we have. Yes. [57:54] » So the it is a common provision in agreements that the party that wins if [58:02] there is a breach is entitled to attorney fees. [58:07] » Okay? >> So this is what's known as a prevailing [58:11] party attorney fees provision. In other words, if there is a material breach if [58:16] the town were able to prove that TripleM materially breached the settlement [58:22] agreement, it would be entitled to attorney fees against TripleM. Likewise, [58:28] if TripleM determined or made an allegation that was proven that the town [58:33] materially breached the settlement agreement, then it would be entitled to [58:38] attorney fees. That is the only section that is still in play. And our typical [58:45] agreements do not um expose the town to possible attorney fees because frankly [58:51] you can't appropriate for them. So let's assume that [58:57] something unforeseen happened and the town materially breached the agreement. [59:02] That would likely be not in 2026. And how do you appropriate as a matter [59:08] of budgeting for that type of award? That's the issue. Um the law is [59:16] ambiguous on that issue. Um and so do I think it is a hill for the town board to [59:22] die on? I don't. Um for two reasons. Number one, the likelihood of there [59:28] actually being a breach of this settlement agreement is [59:32] very very insignificant. The reason it is very very insignificant is that [59:37] there's no obligations of either party. TripleM [59:43] basically leaves and says if you discover something that's hidden, we're [59:48] still on the hook for it. The town says, TripleM, we're paying you the contract [59:53] amount. You're agreeing that if we decide to make a claim against the [59:58] engineer, you will cooperate. [1:00:03] That's pretty much the deal. >> Okay. [1:00:07] » And and I would I would just merely add that [1:00:14] there really is no real opportunity for us to materially breach this agreement [1:00:19] on September 9th when the notice period for the subcontractors or as required by [1:00:28] um state law. uh once that period has passed, we're cutting a check and that's [1:00:34] should be the conclusion of the agreement. So I don't think that you [1:00:38] have any risk that we are going to materially breach that and I don't I [1:00:45] don't believe that that they will either. So, I I think this is a lot of [1:00:51] maybe wrangling about language that really isn't going to be necessary, but [1:00:56] I again follow this guy's advice on that. [1:01:00] » It is definitely lawyer's wrangling. I there is no doubt I'm not um but but [1:01:06] Chris raised something that's important that the other piece is originally we [1:01:11] said, you know, we're going to we're going to bring something and tonight's [1:01:13] the final resolution. Well, when we went and looked at where the town was in this [1:01:19] project, it had never published for final settlement. So, the way the [1:01:24] process works, the town has to publish notice of final settlement first because [1:01:28] if there are any subcontractors or suppliers that haven't been paid, that [1:01:33] is their time to make a claim. That statute's there because contractors [1:01:38] cannot lean public property. So, this is how you um how contractors deal with [1:01:44] public entities. So, we have to wait for final settlement. If there are any [1:01:48] outstanding claims, the statute says we hold it until those claims are resolved. [1:01:54] As of today, we haven't gotten any. Although, we did receive, I think, one [1:01:57] open records request that suggests someone may be looking. So, assuming [1:02:02] everything we don't get any claims, they get paid in full. Assuming there's a [1:02:06] claim, they get paid in full for everything minus the claim. [1:02:10] and and we have published that in paper record and um and on the website. So [1:02:17] we've we've we've complied with this statute in terms of notice. So [1:02:22] » Okay. Thank you. Any other questions or comments on this? [1:02:28] » I'm just glad to have this behind us. >> Amen. [1:02:34] » Then I will entertain a motion. [1:02:44] Move to approve resolution 26R-24, resolution approving the settlement [1:02:51] agreement um upon termination between the town and [1:02:57] triplem construction regarding the trade contractor agreement [1:03:03] for the Main Street streetscape project. I'll second that. [1:03:09] » Okay. I have a motion and a second to approve resolution 26R24, [1:03:15] a resolution approving the settlement agreement upon termination between the [1:03:20] town and M Construction LLC regarding the trade contractor agreement for the [1:03:26] Main Street streetscape project. [1:03:31] All those in favor, please say I. I. >> I. All those opposed, please say nay. [1:03:37] That motion passes unanimously. [1:03:50] Next up is discussion and possible action on ordinance 2614, [1:03:57] an ordinance amending the Elizabeth Municipal Code by addition there two of [1:04:02] a new article six of chapter 8 regulating the operation of electrical [1:04:08] assisted bicycles. Chief, [1:04:13] » Madame Mayor, Mayor Prom, members of the board, is that as you're aware, we have [1:04:17] been going through a process to draft an ordinance regarding um ebikes and other [1:04:24] types of electrical well assisted [1:04:30] bicycles, [1:04:33] » yeah, emotes [1:04:38] and um This came in part due to the movement throughout the state of [1:04:43] Colorado and throughout the nation and in response to community concern. Uh [1:04:49] working with u Corey um an ordinance was drafted and I can [1:04:57] say in my assessment in reviewing other ordinances this is this virtually [1:05:04] mirrors a number of ordinances throughout the state. Um and it [1:05:08] addresses a number of concerns that were raised by the public to include speed on [1:05:13] sidewalks um [1:05:17] being one. So I again I and it also has a parental responsibility [1:05:24] uh component to it. So I think this is largely a [1:05:29] well-drafted ordinance for the town of Elizabeth. [1:05:34] I found this to be very confusing. >> So, can you and I've read it over a [1:05:41] couple of times because I'm going I still don't get it. Um [1:05:46] » well and part of the trouble is that because of their the different classes [1:05:50] of of bikes, you have to address them individually and you have to take into [1:05:56] account the ADA because believe it or not, some of these vehicles also are [1:06:02] protected by the ADA. So um truthfully, it is an incredibly [1:06:10] confusing and complex ordinance. Um but what it does in effect, [1:06:17] the exceptions are what's confusing in my view. But what it does is it provides [1:06:24] a mechanism for the police department to address [1:06:29] adults and children that are riding these bikes illegally primarily on [1:06:36] trails, on sidewalks uh and the places that are causing um [1:06:42] harm to the community. And what again what makes this more confusing at least [1:06:47] in my mind is we have the exceptions you have to insert in it for under the ADA. [1:06:54] I have one question. On page 258, [1:07:00] uh, section H, it says, "Unlicensed vehicles may not operate on public [1:07:06] roadways within the town except by written order of the town administrator [1:07:11] or the town administrator designing." So, a guy comes through town with a [1:07:17] piece of farm equipment that doesn't have to be licensed. Do they got to come [1:07:21] to town hall say, "Hey, I'm coming through town." [1:07:24] » No, because farm equipment is exempted under state law. [1:07:29] » But that's not what that says. >> The town is a statutory town. Cannot [1:07:33] deviate from state law. Farm equipment is a totally different type of vehicle [1:07:39] not covered by this ordinance. >> When you said unlicensed vehicles, [1:07:43] that's what confused me. >> It's essentially exempt. [1:07:47] » It is under state law. farm equipment is completely exempt. That could even be [1:07:51] » they don't need a license. It could be a hay bail. It could be whatever. [1:07:57] » Um would it be possible to make like an infographic [1:08:02] to put out to the public that makes this easier to digest? [1:08:05] » Absolutely. And we can frankly steal from others because um I know that the [1:08:10] city and county of Broomfield has put something out which is what this was [1:08:14] largely taken from because they have the they've been kind of at the forefront of [1:08:17] this Um, a couple of other communities have followed. So, yeah, we can [1:08:21] absolutely do that. >> Perfect. Thank you. [1:08:24] » So, you're going to do that? >> Chief. [1:08:30] » Okay. Well, this is So, you talk about low power scooters [1:08:36] and low-speed electric vehicles. The low power scooters. [1:08:43] Is this a scooter that's going to require a driver's license? because it [1:08:47] says it's permitted on public roadways although it may [1:08:53] no low power scooter may travel on a roadway in excess of 40 miles per hour. [1:08:58] Are you talking about the speed limit that the roadway has or the how fast the [1:09:04] low power scooter can go? >> The 40 mph [1:09:07] » for the scooter. >> Yes. [1:09:09] » Okay. So, does that then require to be No. Oh, [1:09:16] » that's one of the reasons the parental responsibilities in here. [1:09:21] » Okay. And and so is the same true then with that lowspeed electric vehicles [1:09:29] because that one's 35 mph. >> It's going to depend. Some do, some [1:09:34] don't. >> Okay. [1:09:35] » I mean, and that's one of the difficulties with this is [1:09:38] » that's why I was so confused. I'm >> these these um definitions are not town [1:09:44] definitions. These are definitions taken from state [1:09:47] law. Oh, >> so I would love to tell you that I was [1:09:50] able to make these up, but no, these are these are [1:09:55] » not. Nope. [1:09:59] » Yeah, we saved you money. >> Yeah, [1:10:03] » it is. Can is there a way to boil it down more not in the town code but in [1:10:10] literature that we put out that will >> that's exactly what Trusty Connley asked [1:10:15] for I think and so yes we are going to do exactly that. [1:10:17] » Okay. Pictures are good too. >> Agreed. No and I I think that's what a [1:10:23] lot of communes have done. So we're going to [1:10:25] » Okay. >> If adopted we'll absolutely do that. [1:10:29] » Okay. Any other questions or comments? [1:10:34] What are we adopting? If this is so confusing, what I'm trying [1:10:39] to wrap my head around is what are we adopting? I mean, what what rules? Yep. [1:10:47] Are we laying down? >> Go to section 8-6-20. [1:10:55] » It's page 256. [1:11:00] Okay, let me go to the board. >> Yeah, [1:11:04] » and it's page three of six of the ordinance itself. [1:11:08] » 256 of the name. >> So you there are two pages of [1:11:14] definitions, which to me is what makes this [1:11:17] » so incredibly confusing, but that's that's the definitions that we have to [1:11:21] follow. So section 8-6-20 [1:11:26] is where you actually take all of these crazy definitions and try to apply them. [1:11:31] And so the first section 8-6-20 says which vehicles [1:11:37] of as defined above are allowed on public streets. [1:11:41] » Okay, hold on. Stop. >> Okay, trying to catch up to catch up. [1:11:47] Other powerdriven mobility device. >> Other power-driven mobility device. I [1:11:54] see that. >> I see toy vehicle, unlicensed vehicle, [1:11:59] and vehicle. >> Right. And so all of those are defined [1:12:03] above. >> And so you have to go through all of [1:12:06] those to say which ones are allowed on streets, which ones aren't. So an [1:12:11] electric >> which is the next one section 8-6-20 [1:12:15] use on public streets. >> So that is what is [1:12:20] being >> debated. No legislated. That is what [1:12:24] this does. It says based on the definitions above, [1:12:29] » right? >> An electrical assisted bicycle defined [1:12:33] above, >> right, [1:12:34] » is permitted to be used on public streets, [1:12:37] » right? Unless, [1:12:40] and this is again taken from state law, >> okay? [1:12:43] » If the town makes a determination, that it is too highly trafficked to [1:12:48] safely allow for class one and two electrical assisted bicycles and where [1:12:54] there's a suitable alternative route within 450 ft. And again, I didn't pick [1:12:58] that. That is state law. >> I understand. [1:13:01] » In that case, >> keep going. [1:13:03] » In that case, they can be prohibited because you have an alternative route. [1:13:07] Understood. >> An EPAMD can be operated on a public [1:13:12] roadway. That is effectively an ADA issue. [1:13:16] » Sure. That's that's somebody in a scooter can't walk. [1:13:20] » Right. An electric scooter as defined above can be used on a public street but [1:13:25] not on sidewalks. And again, you can you have the [1:13:29] exception if you have an alternative route within 450 with there within a [1:13:35] quarter of a mile, >> right? A low power scooter, again this [1:13:38] is talking about what's allowed on public streets, permitted on public [1:13:42] roadways, but cannot go in excess of 40 miles an hour. A low-speed electric [1:13:47] vehicle >> has the all the rules of the road for [1:13:51] that. So that is what 8-6-20 does. Rules of the road. Okay. [1:13:57] » 8-6-30 rules on other town property. Got it. [1:14:04] So, um, it says what can and can't be used on town property, playgrounds, [1:14:10] tennis courts, athletic fields, >> right? Pickleball court, etc. [1:14:14] » Yep. I see. >> Section 8-6-40, [1:14:18] school grounds, private property, same thing. [1:14:22] So, it's basically where they can be used, which types of vehicles can be [1:14:25] used in each location. And and if I could add just a from a um [1:14:35] practical extent, right, we we don't have tools right now for when we find [1:14:44] vehicles that we think are inappropriate for where they're being used. Right. [1:14:48] Right. And so this does try and distinguish those. Uh it will be a [1:14:54] learning um uh curve for the public uh the parents that are um [1:15:02] are providing these bikes to the children and anybody else that are using [1:15:06] them. The um I think you all know um chief well enough to know that we're not [1:15:12] going to be heavy-handed. uh if it's confusing uh we will educate [1:15:19] before we legislate and and and put them in municipal court. So we're but this [1:15:24] does give you the uh foundation in which they can actually do something cuz right [1:15:30] now they really can't. And so um we will spend a lot of time with education of [1:15:36] those folks. Uh, and I'm certain that the chief will spend time educating the [1:15:41] officers themselves about um the various provisions of the the ordinance, but uh [1:15:48] I can tell you we will take a common sense approach to applying this [1:15:53] legislation. >> Okay. And the la the last thing I would [1:15:56] add is the very last section is which is 8-6-90 [1:16:02] is probably going to be the most important section in a lot of ways [1:16:06] because um you know just like people don't know often times that you can get [1:16:12] a DUI on a bike. >> Yes. [1:16:16] » Um >> and a boat. This this section confirms [1:16:21] that the provisions of the model traffic code regarding things like reckless [1:16:26] diving, careless driving >> driving. Yeah. [1:16:28] » Um >> deluding. [1:16:29] » Yep. They apply. >> Okay. [1:16:32] » And you know, and the the town has over over time come up with a pretty good [1:16:38] trail system. >> Yes. And these things are a have become [1:16:45] a significant safety concern on trails in my mind and Elizabeth even made worse [1:16:52] by the fact you also have horses and these spook horses. I mean so there [1:16:58] there's there's a whole host of um reasons that communities are doing this. [1:17:03] Okay. But just point of reference. [1:17:07] » Yeah. We're a rural community [1:17:13] » and if the kids, and I say kids because I don't see adults very often on this [1:17:18] stuff, so Chief probably has a better idea of this than I do, but I see the [1:17:24] kids on these things. And if they're riding on the street, [1:17:30] just like a cyclist would who happens to be, you know, pedaling across town, [1:17:37] or if they're using it on a pathway that's been worn along the [1:17:43] side of a roadway, are we basically going to say that, "Hey kids, you can't [1:17:50] ride these things on a trail that's just dirt between [1:17:58] Running Creek Elementary and a kid who lives on, [1:18:03] you know, uh, uh, Pine Street. Is is Is that what we're Is that what [1:18:09] we're going to be looking for when we talk about trails? And and if a kid [1:18:15] rides one of these things on the trail from [1:18:20] Running Creek Elementary and down and around town and then ends up in Running [1:18:25] Creek Park, is that a no? No. So, I'm going to take you to section 8-6-30 [1:18:30] subsection B. [1:18:34] Subsection B1 says if we've posted signs prohibiting it, the answer is yes. [1:18:42] Otherwise, they're allowed unless it is a class three bicycle, [1:18:50] which is the ones that go really fast. >> Understand? [1:18:53] » And those are prohibited. >> Okay. [1:19:00] » How? Not that I own one of these things. What [1:19:05] is class three? >> It's defined. [1:19:09] It it is, but I mean >> it's the big ones. [1:19:13] » It's it's uh >> for lack of [1:19:15] » is that the thing that says 750 cc's of electrical power? [1:19:21] » No, it is an electrical assisted bicycle equipped with a motor that provides [1:19:25] assistance only when the rider is pedaling and that ceases to provide [1:19:28] assistance when a bicycle reaches a speed of 28 m an hour. Okay. So 28 m an [1:19:36] hour compared to class one and two that it basically stop at 20. [1:19:43] » So it's anything that can go above 20 m hour [1:19:46] » in speed if if it can attain 28 30 35 mph that's that's known as the class C [1:19:53] » class three class three sorry class three. So, we're saying in this that [1:19:59] class three will not be allowed on any trails or pathways correct? That is [1:20:05] correct. >> But they can ride it on the street. [1:20:08] » Correct. >> Correct. [1:20:09] » That was my Thank you, Lauren. Because that was my next question. Where can [1:20:12] they ride them? >> Street. [1:20:13] » Just like you could ride any bike that you pedal on your own. [1:20:18] » Okay. >> And follow the rules of the road, [1:20:20] » right? Because I mean, yeah, if a good cyclist can pedal 35, 40 miles an hour, [1:20:26] somebody who's athletic enough. >> Okay. [1:20:28] » Well, they also have to signal, >> right? [1:20:32] » Yeah. You'll have that as well. >> Okay. Um, lastly, and I'm going to let [1:20:37] this go. [1:20:45] Is any of this or is all of this that we're putting forth set in concrete or [1:20:50] is it amendable over time? >> Anything you legislate is amendable over [1:20:56] time. >> Um my understanding from conversations [1:21:01] I've had with the chief is that this is something that the community has been um [1:21:06] asking for and talking about for quite some time. Um, I absolutely appreciate [1:21:13] the point that this is a rural community that um these kind of rules are are [1:21:20] unusual. Um, in my experience, rural communities [1:21:26] across the state now are dealing with this because there have been issues [1:21:30] where folks just aren't using these on streets. They're using them everywhere [1:21:34] else. And that's where the danger comes. [1:21:39] my my my hesitation with all of it in in going over the minutia and I apologize [1:21:45] to everyone on the board for taking up unnecessary time. I grew up as a kid in [1:21:50] Evergreen, Colorado in the 1970s and 80s. We all had dirt bikes. We all had [1:21:56] various bikes of different kinds. We rode them all over and I know darn well [1:21:59] we rode them illegally as well as legally. And we had a darn good time [1:22:04] doing it. And even though I face planted and almost broke my neck more than once [1:22:09] using those u motorcycles, I enjoyed them very much. And I enjoy being a kid. [1:22:14] And I know that kids can be really annoying and people find a lot of [1:22:19] different reasons to really loathe the 13, the 14, the 12-year-old kid down the [1:22:25] street because he rides this or he rides that or he makes too much noise with his [1:22:28] drum set or whatever. That being said, [1:22:34] I'm I'm I understand where this is going. Um but yeah, as long as it's [1:22:39] something that is not going to be heavy-handed uh and make every kid um uh [1:22:44] um a potential um target. [1:22:51] Again, that comes down to the enforcement and [1:22:56] you have a police chief that's pretty common senseoriented [1:23:01] » and I think that that will um filter down to the officers and obviously if [1:23:06] it's if it's if it's used in a heavy-handed fashion after this chief is [1:23:11] gone or whenever you whenever you do I mean then you can address that from a [1:23:16] policy standpoint say but but this is I mean the fact is this is a tool and if [1:23:23] you don't have this tool in the box you can't fix the problem and what we're [1:23:28] really trying to do is make sure that those people don't get hurt on the trail [1:23:32] that aren't just a punk kid that's cruising around trying to jump uh things [1:23:38] like we all probably did. I mean I so I honestly we'll we will do this with a [1:23:43] common sense uh approach and there will also be an education period where we [1:23:48] want to make sure that our officers even understand and uh um it is really going [1:23:54] to be just a an educational tool first before it is a legislational [1:23:59] » appreciate that. So, >> thanks. [1:24:06] » Thank you, Chief and Corey, for coming up with this. Um, [1:24:12] and Mike's right, we're rural, but these kids out here all have social [1:24:19] media. And trust me, all of these things that are going on in the bigger towns [1:24:24] with these bikes, they are all on social media. And kids [1:24:29] 10 and up are all over trying to make it on social [1:24:36] media and post the same stupid stuff that's happening in other jurisdictions [1:24:41] and eluding the police and cutting through people's backyards and um [1:24:48] driving against the flow of traffic and all kinds of other things um [1:24:55] are happening And whether we like it or not, we will end up seeing it out here [1:25:02] if we haven't already. And I know that there's been instances on sidewalks and [1:25:08] stuff where the kids are riding too fast. So, um, I get it. Um, so I [1:25:16] appreciate it and I I'm glad you guys are going to do some other educational [1:25:20] things because yeah, reading this was very confusing. So anyway, any other [1:25:30] questions or comments? If not, I will entertain a motion. put [1:25:36] forth a motion to approve ordinance 26-14, an ordinance amending the [1:25:40] Elizabeth Municipal Code by the addition thereto of a new article, [1:25:45] » what is that? >> 11 [1:25:47] » six >> Roman numerals of chapter 8 regulating [1:25:51] the operation of electrical assisted bicycles. [1:25:54] » I'll second it. I have a motion and a second to approve ordinance ordinance [1:26:01] 26-14, an ordinance amending the Elizabeth [1:26:04] Municipal Code by the addition thereto of a new article 6 of chapter 8 [1:26:09] regulating the operation of electrical assisted bicycles. All those in favor, [1:26:15] please say I. I. >> All those opposed, please say nay. That [1:26:19] passes unanimously. [1:26:24] Next up is items for consideration. And I have a couple [1:26:32] um that um [1:26:39] talking about 601 Pine Ridge Street as to what the plan moving forward with [1:26:46] that is. Um and um [1:26:53] personally I I would also like the board to talk about whether we want Christmas [1:27:01] presents because in my book I I'd like to get away from that. Um but [1:27:11] uh and then um the other thing that we should talk [1:27:17] about is um parks and wreck is looking to [1:27:25] revamp the rec center um because they want to bring it before the voters [1:27:32] next year in May. um it won't be on this November ballot. Um but one of the [1:27:39] things they're asking is whether we're we the town would want to partner with [1:27:46] them in including some space for senior center. So those [1:27:54] are just three different things that at some point we [1:27:59] should have discussion on. I think [1:28:05] and it doesn't need to be tonight. It can be on another evening if we want to [1:28:11] put that on there. [1:28:15] Any other items for consideration [1:28:20] » regarding the thing that you mentioned, Mayor, with parks and wreck. [1:28:24] » Yes. I would definitely like to see something in front of us as a board [1:28:29] because um I too have heard several things that [1:28:35] parks and wreck is alluding to in their future planning. Of course, the only [1:28:42] reason I'm even made aware of these things is I presently do business with [1:28:46] them. I provide their security and surveillance for the facility buildings [1:28:50] that are there now and that includes the pavilion. Um, but I know that there's [1:28:54] talk too that they would like um to also perhaps build a regional swimming pool [1:29:01] of some sort, >> right, [1:29:02] » in addition to that. So, I would definitely like that to be something [1:29:06] that >> we discuss in the not too distant future [1:29:10] um knowing that it wasn't going to be on this fall's um um ballot, but May is not [1:29:17] far. >> Yes, correct. I agree. And I think we [1:29:21] need to talk sooner than later about it. >> Yeah. [1:29:27] » If we're looking, >> I think an opportunity for your new [1:29:30] manager will be um that's a perfect opportunity to give them that direction [1:29:36] and say, "Hey, um sit down with those folks, meet with them, and and start [1:29:41] that relationship." And then you all can kind of uh work with it as it develops. [1:29:46] But I I I think there's nothing that I would do on that in the next few months. [1:29:53] Um other than when you do have someone in that position permanently, that would [1:29:58] probably one of the things you would include in their um um first annual um [1:30:04] goal setting session would be, hey, you need to start partnering with uh PNR to [1:30:09] to figure that out. So that'd be my recommendation. Well, I guess then [1:30:15] informally, is that something that the board is interested in talking with [1:30:20] Parks and Wreck about? because they're kind of looking for is this something [1:30:25] we're as a board even interested in in partnering with them and them actually [1:30:31] having the building but then having part of it [1:30:36] set aside for uh senior center um activities. [1:30:46] I think it be [1:30:51] us as an organization to work with any other organization [1:31:00] that may have the opportunity to do some [1:31:06] build a senior center. Um because that's something, you know, we've all been [1:31:13] talking about it for years, had discussions with the school district [1:31:19] that went backwards and nowhere and we're still talking about it. Um, and [1:31:29] I would like to have those discussions with the parks and recck board um to [1:31:36] include that component. So, [1:31:43] » Lauren, >> well, I won't be around for it, but I [1:31:47] disagree. It won't be a li an Elizabeth Community [1:31:54] Senior Center. It will be a u [1:32:00] commercial. Well, it' be under their name. All we're going to have is a a [1:32:06] room to go to send our senior citizens to. So, it will never be an Elizabeth [1:32:13] senior center if we partner with parks and recrecks. [1:32:19] » I think it's something to get on the agenda for us to talk about in the [1:32:22] future. [1:32:30] ought to go talk to the library. They already got half a building they don't [1:32:33] even use and they got plenty of property and it's in town. [1:32:38] » Um, have you been to the library recently and gone to any of their [1:32:41] planning meetings? They already have plans for their back room. That is um [1:32:47] they have been working on design. They um that was part of uh the fundraising [1:32:55] for the Brewfest. They are looking to completely redesign [1:33:01] the library and incorporate any and all of the back room um with conference [1:33:09] space with um expanding the library into both rooms. So, um it's got plans to [1:33:20] even add uh amenities outside. So, yeah, they've already they're already working [1:33:28] on incorporating the whole rest of their building. [1:33:34] So, [1:33:39] Tracy, did you have something? >> No, I just You had brought up you [1:33:43] brought up the Pine Ridge. Yes. >> property and [1:33:47] » yeah, >> you know, possibly what we're going to [1:33:50] do with that. >> Do we need to wait until after the [1:33:55] facilities management? >> Which is exactly what I was going to say [1:33:59] is that um that's part of the point for doing that is to have the plan in place. [1:34:07] Then we can look at that and say, okay, well, we own this piece of property. [1:34:12] What are we going to do with it? and what's the best the best thing to do [1:34:17] with it um to serve the most people. So, I I think [1:34:24] you're just a little bit ahead on that one. [1:34:28] Well, I will say that I budgeted revenue for that for next year. So, I I figured [1:34:34] that before you did anything, we'd probably be able to do that. Plus, we [1:34:38] also need to be um respectful of the individual that's living there and give [1:34:43] them time to plan as well. So, um >> Well, and that's why I wanted to talk [1:34:50] about it because we do have somebody living there. [1:34:53] » Yeah. >> Um [1:34:55] » but included in that is whether we build [1:35:00] something on it or we don't build something on it. [1:35:04] It has not been annexed into town, >> which it should be, [1:35:08] » and it has not been zoned for town, >> which it should be. [1:35:11] » Both of those things need to occur. Also, [1:35:15] » I I I would I would I would just say that once you've once you've had the [1:35:18] consultant um take a look at that property and make some recommendations, [1:35:23] once they've seen it in context with the rest of the properties, then you'll have [1:35:28] a better idea of of the direction you might head. But at this point, I think [1:35:32] it's a little premature to decide anything on it right now. Um, [1:35:38] you know, you'll have that study done probably by close to the end of the [1:35:41] year, if not um um if not by the end of the year, it'll be in January. Uh, and [1:35:48] so during that time, you can then kind of [1:35:53] make a strategic decision about what you might want to do with that as well as [1:35:56] the other vacant property that's also in the master plan. [1:36:01] » Yeah. Are you're talking about the uh geese lot, [1:36:05] » correct? >> Okay. [1:36:13] » Okay. Next up then is management monitoring reports. Chris, do you have [1:36:17] anything else? >> Uh, I don't other than uh uh what you [1:36:23] have in my report other than uh uh Travis did start yesterday. So, you you [1:36:29] you actually do have a new mic. Uh uh he had a commitment today. Um so, I did [1:36:35] excuse him. I also didn't want to feed him to the Lions just quite yet uh on [1:36:39] his second day. And um he was uh amenable to u that period of grace. So, [1:36:47] uh I I think um so he's he's gotten to have a little facility tour um on [1:36:54] boarded with Michelle a little bit and then I'll um I'll be talking to him [1:37:00] later this week and we'll get him up and running and then you all can go after [1:37:06] him in the next meeting. But so anyway, I think uh we're very excited to have [1:37:11] him. um staff uh has really enjoyed um um the opportunity to get to know him [1:37:18] and I think we're only going to be uh more and more pleased as he grows into [1:37:22] the role. But I will tell you this, I do want you all to have some you're going [1:37:28] to he's not going to have the institutional memory that Mike did and [1:37:33] you're going to have to give him time. But um Mike's also uh been gracious [1:37:38] enough uh I did sign an agreement with him just so he could be on call to help [1:37:44] Travis uh on board and with questions as he's as he's getting um his feet wet. [1:37:50] So, but we're we're excited to have him and uh and uh I think you're going to be [1:37:54] very pleased with him long term. That's all I have. Thank you, ma'am. [1:38:01] » Corey, do you want to go now? >> Sure. [1:38:05] So, I do have one thing and that is more of a trying to get direction on your [1:38:11] municipal judge. So, um the municipal judge has not been here in quite some [1:38:16] time to to visit with the board. Um but his term has long since um his initial [1:38:23] term has expired. Um, and really you're at the point where the new board [1:38:29] following the November election can certainly uh consider what to do with [1:38:35] the municipal judge and start from scratch. Um, but I wanted to at least [1:38:40] raise the issue with you because if there was a desire to um and and there's [1:38:46] no need to have any any decisions tonight. This is more to sort of alert [1:38:49] you that this issue is out there. There's two ways to do it. One is to [1:38:53] just wait until the the new board is elected and have them decide. The other [1:38:59] thing if is if there's any issues or concerns, you could always start the [1:39:04] process. The judge could apply as well and you could have it teed up for the [1:39:08] new board. Um, so it is entirely up to the board how to proceed, but you know, [1:39:14] I wanted to at least raise the issue that that it is something that's hanging [1:39:18] out there. [1:39:23] Thank you. Does anybody have any questions about that? [1:39:27] » I think it should be on next agenda. >> I think it should be on a later agenda [1:39:32] for us to talk about. [1:39:36] » Everybody okay with that? >> Yes. [1:39:38] » Yeah. Okay. [1:39:44] » Chief, do you have anything else for us? [1:39:49] Well, well, I do have one point, madame mayor, mayor, and pretend members of the [1:39:53] board is that uh in your monitoring report, it's discussed about an [1:39:58] investigation that our IAK task force is working with the FBI. An arrest was made [1:40:03] early this afternoon. Um, it was made with not only the FBI, but the [1:40:10] Homeland Security Investigations, the Greley Police Department, and the Weld [1:40:14] County Sheriff's Office. [1:40:19] and obviously the town of Elizabeth. So, [1:40:25] » any questions for Chief? [1:40:32] You're off the hook easy tonight. Alex, do you have anything for us? Um, I just [1:40:37] wanted to add that I do have the schedule for uh Saturday's barbecue [1:40:42] volunteer um schedule uh ready for you guys. I'll [1:40:47] send that out after the meeting tonight. Um, just a quick overview. I have the [1:40:53] mayor and mayor prom first up on um volunteering for the ID checks at the [1:40:59] beginning from 11:30 to 1:00 and then you're off the hook for the rest of the [1:41:04] event and you can enjoy yourselves. Staff will cover the ID checks for the [1:41:09] remainder of the event. Um and then we will have um the rest of you um that are [1:41:15] there help with cleanup. So I have Yeah. And I I'll have uh I'll [1:41:23] have it set aside on on the um the document that I send over just what [1:41:27] we're cleaning up. Um so you know and so you don't you can just start once pe [1:41:33] once the participant the guests have left um we can clean up and get it um [1:41:39] all set aside. And mainly it's just putting away the tables and chairs that [1:41:45] we will have rented down on the park. um taking tablecloths off, setting up [1:41:50] chairs and tables and stacking them off to the side. Um so other than that, [1:41:55] it'll be I think an enjoyable event for you all. Um just need about an hour, an [1:42:00] hour and a half of your time um spread throughout. So um if you have any [1:42:04] questions, feel free to reach out to me or Michelle, but we'll see you down at [1:42:08] the park um around 11:30 um that morning. Are we having one entrance into [1:42:15] the park like they did for the Brewfest or we having two entrances? [1:42:18] » Two entrances >> at each end. Okay. One at each end. [1:42:21] Okay. >> Yeah. We're not um we don't have to have [1:42:24] that fencing like like they had like they needed at the Brewfest. So, we'll [1:42:27] have same setup like it they do at Friday night market. So, we'll have [1:42:31] north side, south side. We'll have ticket sales um on each side too um that [1:42:38] staff will be doing. So, um yeah, I I anticipate it being busy from 12 to 2 [1:42:44] and then tampering off as um the next two hours there. So, yeah, should be a [1:42:50] good event. Please get the word out. Um I think we're going to we haven't had a [1:42:54] lot of pre-sale tickets. Um so, I anticipate there being a lot of walk-ins [1:43:01] um getting, you know, getting those tickets. So yeah, get the word out um if [1:43:06] you can and yeah, hope hope to be a good event. [1:43:14] » I will not be there. >> Okay, [1:43:17] » I will be handling for Brandon at the hardware store. He is having some family [1:43:21] deals and he needs some help and so I will be covering the store. [1:43:27] » Any questions or comments for Alex? James. [1:43:33] » I I don't have anything to add if I'm open to any questions. [1:43:40] » Um, are they on schedule [1:43:47] in Hillside? Um, you know, in terms of their [1:43:52] construction and and their plan, how it's going. Um because [1:44:02] it just seems like it's not moving very fast. I know it is. [1:44:08] I know you've had a lot of concrete curbs and sidewalk that you've had to [1:44:16] replace and um you know that's resulted in the [1:44:22] problem of the sidewalk not meeting the end of the road. So there's gaps [1:44:29] um that really you can't drive over. Well, I probably could, but it wouldn't [1:44:35] be good for my car. Um so is that, you know, is that on [1:44:43] schedule? Are we getting behind on any of that or [1:44:48] » That's a good question. Thank you. And that yes, I mean, as far as what's going [1:44:51] on, as it was previously mentioned before the project started, there are [1:44:56] soil conditions in there that we are not aware of. And so, as we're going [1:44:59] through, we're finding some of those areas. And so, we're correcting those [1:45:02] issues. And that does cause some delay in, you know, setting the forms and [1:45:07] pouring concrete and things of that nature. But there as far as where they [1:45:12] started back at Amanda Court and making their way down Rushmore and you know [1:45:17] getting down especially uh down near Liberty and you know in those areas. [1:45:23] Yes, we are moving and and we are still ahead of schedule as far as um contract [1:45:28] end date is December 15th if I'm correct. So we are still well in into [1:45:33] schedule. We're still navigating uh you know with with the residents as [1:45:38] far as like getting them in and out and the tight scenario that we're dealing [1:45:42] with. Um and then we're getting into areas when we get on to Logan and [1:45:46] especially in Lionel when we finally get in there and start, you know, opening [1:45:51] that ground up. We do have some sewer um work that will have to be done and that [1:45:57] that's very time sensitive. So when we we really get into that phase, um that's [1:46:02] really when it's going to get kind of tight and kind of crazy, but it's [1:46:05] because you can't be without services. So when we open it up to to do it that [1:46:10] day, we have to set and go. Um and so we have weekly updates. I have I have a I [1:46:17] have a meeting tomorrow morning to go over some of the issues uh and progress [1:46:20] as well, but I think we're I think we're handling it pretty well. [1:46:26] And I just I'm seeing progress. I'm seeing new curb and gutter. I'm [1:46:35] seeing the old road deteriorate even faster [1:46:41] it seems. Um, and it's just, uh, I still have a [1:46:47] concern about how are they going to handle [1:46:52] um, when they're paving and doing any of the work around the mail kiosk cuz it's [1:46:58] kind of like right in the middle. It's not [1:47:04] if you don't have you got to be able to get to the mail kiosk. And I I just want [1:47:10] to make sure that that's on their mind and that they're aware of it because [1:47:16] people need to get their mail. >> Correct. Yeah. And it's a concern. It is [1:47:21] a concern of ours >> and as we approach that then we'll [1:47:25] better identify a plan and there again it's going to be kind of extra hands on [1:47:30] deck to make sure because a lot of the tie-in that goes around that little [1:47:34] structure has to be done with smaller equipment and it has to be kind of a [1:47:38] followup. Um the majority of the the surrounding area can be done with the [1:47:44] larger machines and then you get closer and you have smaller equipment and a lot [1:47:47] of hand work but it is a concern. [1:47:53] » And then what uh what are we looking at the time frame [1:47:59] for when we actually start on uh the park and those [1:48:05] » That's a that's a good question too. So the the park itself as a whole is [1:48:10] actually a secondary and you'll see that once Logan has been completed through [1:48:14] that stretch >> and it's actually serviceable and then [1:48:18] that's when you'll start to see a lot of the what's called grubbing and clearing [1:48:21] and removing of the old equipment and soils and things of that nature. It just [1:48:26] doesn't make sense now to bring in another crew and stack on top of traffic [1:48:30] because then it really comes down to basically a walking lane because it's so [1:48:34] narrow through there, >> right? I mean, it's it's it's extremely [1:48:38] tight and um I' I've you know, daily I have conversations with residents with [1:48:43] different concerns and and we see it. We do and we're handling it accordingly, I [1:48:48] believe. >> And I just, you know, that's as much for [1:48:54] my own edification as as anything else. Um, [1:49:01] another question that I have for you is I just want to make [1:49:08] sure that we'll be fixing the intersection at [1:49:15] Elbert and Logan. [1:49:19] » Logan. >> Yeah. Cuz it's [1:49:22] » Yes. >> You know, it's like a four-wheel drive [1:49:24] experience. >> Um, whenever you go. [1:49:28] » That was that was actually a conversation last week and I I reviewed [1:49:32] the design plan uh last week just to make sure that what'll happen especially [1:49:37] on the entry from that into the neighborhood there is a reinforced [1:49:42] concrete uh drive pan that goes in there to connect into the uh the new asphalt. [1:49:49] we won't have asphalt on asphalt there because we have so much weathering from [1:49:54] the water and snow and that's always been a point of contention. But on the [1:49:58] other three sides as well, we're cutting back on that and blending it in. So [1:50:04] every transition at that four-way will be smooth. [1:50:09] » Okay. Thank you. Then I had another question for you and [1:50:14] it's actually doesn't have anything to do with Hillside. Um, [1:50:20] it's about mowing and weeds. >> Mhm. [1:50:24] » Um, because down on Main Street, where Main Street Station is supposed to go, [1:50:31] we've got some seriously tall weeds. And we don't own that land. [1:50:39] It It's It's private owned. Are we not making the land owner [1:50:48] mow to get rid of the weeds? Certainly, if nothing else and for, you know, [1:50:55] wildfire mitigation. [1:50:59] Um, when we're looking at where it is, it it's cuz I'm having a hard time with [1:51:08] certainly down there in that area. Uh if we're coming down hard on residents to [1:51:17] mow areas that they don't own, that the town owns, and we're telling them they [1:51:24] have to mow it, and yet we're not requiring, [1:51:28] you know, the Main Street Station people to do some basic mowing on their [1:51:33] property to get rid of their 8-ft tall sisle [1:51:37] um and other things that they of going on [1:51:42] there. I I just What are we doing about that? And um [1:51:49] cuz it's becoming a problem the way I see it. [1:51:54] » No, I'm happy to answer that. So in in the past years um the uh enforcement has [1:52:02] no what happens traditionally is they get a first notice and then they get a [1:52:06] second and before the third is issued the land owner actually then hire [1:52:10] someone out to come out and mow it and that's when the big fine comes in. And [1:52:16] for something that size, it's not just a normal fine. It's a, you know, it's a [1:52:20] commercial fine. And so that's when they're like, "Okay, well, it's cheaper [1:52:23] for me to hire somebody to come in and brush hog it and take care of it." Um, [1:52:30] I I don't have the easy answer for you. I just know that enforcement is involved [1:52:34] with it. I don't know what stage that is, but I mean, we can look into it and [1:52:39] see if we can rectify it some more. I I and it's so visible. [1:52:46] » Absolutely. >> Um you know you and a lot of people like [1:52:50] this weekend come down to the park again for these other events and [1:52:57] here's welcome to our special weed field that we have. I well [1:53:03] it I could add too that we have to be careful um that you know if we're we're [1:53:09] in the too dry a condition there's always unseen hazard in there and I know [1:53:14] certain individuals that have found things out in that field that uh could [1:53:20] cause spark and could could cause fire. We've had some moisture and even in our [1:53:26] own efforts of going out and doing other maintenance with curb lines and parks [1:53:30] and things of that nature and easements that started to uptick a little bit. But [1:53:34] we have to be cautious of that as well cuz that being so close to residential [1:53:40] homes right there, that's a big field and once that goes up, if it sparks up [1:53:45] and the way we've had wind, that's that's a bad scenario all the way [1:53:48] around. If if I could add, we'll we'll we'll [1:53:52] contact the owner and we'll have code enforcement um take a look at it and [1:53:56] we'll we'll get on it. >> All right. Thank you. [1:54:03] » I actually got one more thing and actually this is about Hillside. I I am [1:54:10] terribly troubled that we have actually had people in Hillside [1:54:15] um that have accosted the construction workers and [1:54:22] threatened them or whatever it is that they've done and um I hope that [1:54:30] has decreased or and stopped happening. Um, I [1:54:38] have not witnessed it, but I also live in a different area of the development [1:54:45] for where it's really tight and it's hard for people to get in and out and [1:54:51] just that um I know the police are aware of it. I [1:54:58] think you said Chris um and just that I [1:55:05] certainly hope we're encouraging people if they're [1:55:10] hacked off about something to talk to the appropriate people and do not [1:55:15] take it out on the construction workers that are just there. [1:55:19] » Yeah, I would encourage your neighbors to to to call me and and tell me I'm [1:55:24] horrible. I'll I'll be more than willing to have those discussions, but it [1:55:29] certainly shouldn't be the guy that's got a reflective vest on that's just [1:55:33] trying to do the job. So, the chief is uh already uh aware of it. Um stepping [1:55:39] up uh some controls and then we've also talked with the contractor and said, [1:55:42] "Hey, note people's identities and if you if you can and if you get a license [1:55:47] plate, we're we're going to go after those folks." So, um it is unacceptable. [1:55:52] I was terribly um I just I was disgusted when I heard [1:55:58] some of the stories and uh no contractor I I don't I don't care how you feel [1:56:03] about the situation um should have to be threatened on a on [1:56:09] a project. So, we're we're going to get very aggressive and we've made it clear [1:56:13] to the contractor, please let us know we don't think it's acceptable and we will [1:56:18] back you up on making sure that we're um enforcing a a decency and code of [1:56:24] conduct there. So, we're we're working on it. I just thought the only reason I [1:56:29] included it in my report is I thought it was important for you all to know that [1:56:32] that was happening. Um and and I get the frustration. I get that it's [1:56:36] inconvenient, but there is a limit to what um those folks should have to deal [1:56:41] with, and having to dodge a car that's trying to hit them is is beyond the pale [1:56:46] in my opinion, but we're on it. So, >> thank you. [1:56:51] » That's not the only neighborhood. I talked to the the fire chief here a [1:56:55] while back when they had the fire out the Gold Creek. He was amazed at some of [1:57:01] the people that he encountered out there and he was trying to help him and they [1:57:07] was not kind to him. So, it's not only your neighborhood. [1:57:16] » Alex, I do have one question for you on the facade grant program. How do how do [1:57:24] you get the word out to property owners about that program each year? Um, how do [1:57:31] you get that to each and all eligible properties? [1:57:35] » Yeah. So, we send an email out to all of the property owner email addresses that [1:57:40] we have. Um, and then we put it in the newsletter. Um, email addresses for the [1:57:45] property owners that are within the boundary for the facade grant. Then we [1:57:49] sent put it in the newsletter. Um, and we also send it out to all of the [1:57:56] property owners that are on our local historic register because you can either [1:58:00] be in within the downtown main street boundary. I say downtown because it's [1:58:05] also part portion of 86. Um, and then also if you are a local historic [1:58:12] registered property, so we we get it out by that and then those that we miss by [1:58:18] email, we put it in the newsletter. Thank you, [1:58:25] Michelle. Mayor, Mayor Prom, board members, I do [1:58:29] have a couple of things. Um, first, we did get six petitions turned in for the [1:58:36] open seats. All six are sufficient. Um I have sent notification out to those [1:58:42] people today. So I can't I'm not going to announce who they are until um next [1:58:46] week because we have on Monday we do a drawing for the order of the ballot. Um [1:58:53] so after that I will post it. I will notify um for that. Um then I wanted to [1:59:01] show you these are the new senior bags. We have old ones still so we'll mix [1:59:04] them. But those are the ones um and those are our sponsors. So they paid for [1:59:08] half of them. So I thought that worked out pretty well. Um [1:59:14] I have um I'm going to ask about direction from the board. Um, [1:59:21] we have only right now our policy, it's not necessarily in writing writing, [1:59:27] but it's been discussed that at the Geeseon lot in the once parking spot for [1:59:31] the food trucks that we only allow them to do once a week or randomly, maybe if [1:59:38] they need a second one. But I have um one of the trucks asking to do a Friday [1:59:44] and a Sunday. And I wanted to find out what the board felt about that. Um cuz [1:59:49] those are kind of the two and it would be like an all day thing. Um not just a [1:59:54] few hours or something. Um and the we have two trucks right now that are that [2:00:00] have license or you know permits to be there. Um and they are up at the end of [2:00:05] October. So um I just kind of wanted to be able to get back to this food truck [2:00:11] on that. [2:00:14] Do we typically have competition for those two days? [2:00:19] » Just between these two groups on the these two trucks, [2:00:24] » but I don't even know if the other truck I can find out. I don't know if they're [2:00:28] even still up and running. >> Okay. [2:00:31] » I haven't really noticed them down there on Fridays. [2:00:35] » Okay. Um [2:00:40] I think it's okay if I mean um [2:00:48] if they're the first one to apply. >> Okay. Thank you. Um, but you know, [2:00:58] » um, then the only other thing I had is, um, for at the barbecue, and I forgot to [2:01:04] talk to you about it, Alex, but I just thought I didn't know if the board cuz I [2:01:08] didn't know if you were going to do the boo bash if whatever happens because you [2:01:12] didn't seem really enthusiastic when we brought it up, but um, and you have [2:01:16] plenty of it. If you just wanted to put a couple of boxes with your older swag [2:01:20] in it, just just set out. Not that you have to sit and hand it out, but if you [2:01:25] wanted that. Um, I think we weren't, at least for me, I wasn't excited about it [2:01:30] because they weren't getting back to I I got a [2:01:36] hold of Mary and she um because I had somebody who wants to be a vendor at [2:01:43] that and um I talked to them this weekend and they [2:01:49] did get a call back from her after I spoke to her. So, it sounds like it is [2:01:54] going to go forward. Um, I think I think we should be there as a board. [2:02:03] It is a big event. >> Boo bash. [2:02:06] » Boo bash. >> It's huge. [2:02:08] » Um, >> is huge. [2:02:09] » But yeah, not really knowing where things stood and and [2:02:16] I had multiple people telling me I can't get a hold of her. are, you know, who's [2:02:21] doing this? Are is it even going to still happen? [2:02:25] » So, anyway, >> but I did get a hold of her this last [2:02:29] week. So, >> just just the board's aware that their [2:02:33] website is back up, but there are no events. [2:02:36] » Yep. >> There's nothing. [2:02:39] » But, >> yeah, those pages aren't existing right [2:02:42] now. >> Yeah, I looked at it over the weekend. [2:02:46] So, do you want to put some of your old through swag out and just in a box or [2:02:52] anything by the at the barbecue? Um, [2:03:00] » sure. If we have it. Yeah, [2:03:05] » that's all I have unless anybody has any questions. Any questions for Michelle? [2:03:11] Um just on the email about dates for the [2:03:16] budget workshop. >> Um the 12th is the first responders [2:03:23] event. So I'm going to be tied up with that. [2:03:26] Um the 19th I could do and the 26th I could do. [2:03:33] » Sorry I didn't get that email back to you. [2:03:35] » Thank you. Yeah, I think the fact that the [2:03:40] um the 12th is the first responders chili cookoff thing that [2:03:47] um that would not be an optimal time for us to [2:03:53] » be having some chili [2:03:59] » the work session a little quicker >> blow it'll blow the doors off this Nice. [2:04:12] » Any other questions or comments for Michelle? [2:04:18] » Then next up is board of trustee reports. Lauren, do you have anything? [2:04:24] » I do. Um, I would like to apologize to a couple people about some comments I've [2:04:31] made in public meeting. [2:04:42] Tracy, I don't have anything. [2:04:48] Mike, [2:04:51] » um I have a few. So this uh question [2:04:58] comes down um both for you Chris and um for you as well James. [2:05:05] The lights that we currently have on Main Street. Um [2:05:11] we've lost another one which I'm sure you're aware of in front of um the [2:05:15] incident happened right in front of uh Ry's antique shop. [2:05:20] That's two that we've lost since they were installed. My question for both of [2:05:27] you is, is there a consideration of [2:05:33] taking those street lights and the thought is reversing them, [2:05:41] spinning them around on their poles, if that's even possible, so the light is [2:05:45] now hanging over the sidewalk and not over a parking spot. [2:05:50] So, yes, that's been a discussion and and it's not a it's not a 180°ree turn. [2:05:56] It would be a 90 degree turn um simply due to the fact that you have your [2:06:01] banners and the banners actually sit lower than the lights. [2:06:04] » Right. But those are not bolted to the pole. [2:06:08] » No, but they they do cause damage if they are twisted. [2:06:12] » But they're strapped to the pole. Correct. They are strapped to the pole, [2:06:16] but you have to understand that the the material that that the poles are [2:06:19] constructed of are not uh solid steel. They're comp they're [2:06:24] » in layman's terms, they're they're a pot metal. [2:06:27] » Yeah. >> Right. So they're not they're not very [2:06:29] » No, it's it's a much cheaper grade of metal, but it's [2:06:32] » and so that the discussion has been to turn them 90° in one direction. [2:06:36] » Sure. >> Um [2:06:37] » so they're not hanging over a parking >> correct. Uh and so you know that that [2:06:43] will be something that um will come up here very soon uh in discussion. We want [2:06:51] to look at it. I actually h have been talking to the electrical contractor [2:06:54] that wired them. >> Good. [2:06:56] » Have to make sure that we have enough wire loop inside of those posts. [2:06:59] » Service loop. Yeah. >> To do it. [2:07:02] » Um and if we do, then it's a just a matter [2:07:06] of which direction do you want them to face [2:07:08] » aesthetically. Right. >> Right. So, um, no, it's we're very aware [2:07:13] and the and and the culprits are the big moving box trucks and [2:07:17] » Yeah. that are 13 ft in height. >> They just don't they don't think about [2:07:20] it and they turn in and back up to them or run into them on, you know, going [2:07:26] forward. >> Yeah. Whether they're parallel parking [2:07:28] in some fashion where they back in or if they come in [2:07:31] » at first. >> Um, good. I'm glad that that is on your [2:07:35] radar then, James. Thank you. Um, next, um, and this also, um, ties in with Main [2:07:42] Street. Um, [2:07:46] with the hail event that we had, uh, on a Friday, um, it was brought to my [2:07:53] attention that Brooke again took water um, into his building. Um, he had to [2:08:00] sandbag his doors obviously to try and keep as much of it out. Um he then took [2:08:04] it upon himself to go and um clear and open those drains that are in the gravel [2:08:11] portion, you know, underneath their railing. I guess the the question is is [2:08:17] has Brooke brought that to anybody's attention to you, Chris, um or to you, [2:08:24] James, as far as town goes? He hasn't said a word. Okay. Just just trying to [2:08:29] find out. Um he's a very amicable guy, but [2:08:33] uh I know that Main Street's [2:08:38] buildout and the way it came to fruition, obviously there's [2:08:44] still an issue, especially when we take on that kind of level of of water and [2:08:49] especially when it's a hail event. So clogs up all the drains, the water can't [2:08:54] get through there. There really may may not be um much of an alternative there. [2:08:59] Um, next thing I'd like to ask, um, what is [2:09:06] the town's response [2:09:10] to squatters in people's homes within town? Do we [2:09:17] have anything that addresses that or not? That's strictly a private matter. [2:09:21] Okay. Um, Chief, I just noticed and I don't know if it was even brought to the [2:09:27] Summit Capital. I believe they're the owners of 676 South Banner. Um that's a [2:09:33] foreclosed property. To my understanding, uh former own occupants [2:09:38] were Torrance. Um and one day when I was walking by there, the back door was wide [2:09:42] open. It appears that somebody's living in the basement. Um I don't think that's [2:09:46] the case anymore. And obviously maybe Summit's already addressed that. So I [2:09:49] just don't know if I didn't know if the town had any any say in squatters or or [2:09:54] anything like that. So I I will leave it at that. [2:10:06] Steve, did you have anything? >> Not tonight. [2:10:13] » Did you have more to say, Lauren? >> No, I do not. [2:10:17] » Okay. Um, I went to a core lunchon on Thursday and they talked about um [2:10:29] that the big solar farm that's out on the Kya Bennett road that is providing [2:10:34] power for core and they're um right next to it they will also be putting up um a [2:10:43] battery storage field and again that is um servicing [2:10:48] core. I know that it had been out there that all that was for Excel, but core is [2:10:56] a recipient of a bunch of that power and just the various things they're trying [2:11:03] to do to help keep costs down for um those of us that are in the core service [2:11:11] area. Um and um [2:11:18] that um they do have some energy saving [2:11:23] programs. if you have air conditioning and you have a programmable [2:11:28] remote uh thermostat that they can tap into and they can adjust your air [2:11:34] conditioning for various times of the day and kick it up a little bit which [2:11:39] will help save you during the peak hours. Um anyway, but they are [2:11:48] um very active in our community and um they also want everyone to be aware [2:11:57] that if data centers are proposed in their service area that they because I [2:12:06] know this is a hot topic right now all across the country that they require the [2:12:13] data centers to build their own electrical facilities [2:12:19] to have enough power generation so as to not be pulling from uh the normal grid. [2:12:29] um and so as to not create increases to everyone else's power costs because they [2:12:38] require the facilities to um build and supply the power for their facilities. [2:12:45] So anyway, those are just a couple of hot button things that um uh their [2:12:53] representative was um talking about to let people know about. Um, and other [2:13:00] than that, that's all I've got. Next up is [2:13:06] minutes of the Main Street Board of Directors meeting of March 9th, uh, [2:13:12] April 6th and July 13th, and minutes of the planning commission meeting of March [2:13:17] 9th, 2026. Any questions? >> No. [2:13:21] » Nope. Then [2:13:26] I'm going to make a motion to close the regular meeting and open the executive [2:13:33] session at 9:12 p.m. to determine positions relative to matters that may [2:13:39] be subject to ne negotiations, develop a strategy for negotiations [2:13:44] and/or instruct negotiators pursuant to CRS subsection 24-6-424E [2:13:54] regarding finalists for the town administrator position. [2:13:58] » I'll second it. I've got a motion and a second to close the regular meeting and [2:14:05] open the executive session. All those in favor, please say I. [2:14:11] » I. >> All those opposed, please say nay. [2:14:14] » That passes unanimously. >> I just want just want to note for the [2:14:19] record that there is an agenda item after the executive session. So, it is [2:14:23] possible the board could reconvene for a final ma for a final action item. Thank [2:14:28] you. [2:14:33] » Chief and Chris are still out there. [2:14:42] » We're back on the record. >> Okay. [2:14:45] » And I would note this is item 17 on the agenda, I believe. [2:14:50] » Yes. Discussion and possible action on an agreement with the new town [2:14:53] administrator. Um, I will make a motion to approve the [2:15:00] employment agreement between the town of Elizabeth and Finley Degraphen Reed. [2:15:08] » I'll second it. >> Effective October 5th. [2:15:11] » Effective October 5th. All those in favor, please say I. [2:15:16] » I. I. >> All those opposed, please say nay. [2:15:20] » That passes unanimously. I move to adjourn. [2:15:25] » Second. >> We have a motion and a second to [2:15:28] adjurnn. All those in favor, please say I. [2:15:31] » I. >> All those opposed, please say nay. [2:15:34] » That passes unanimously. Thank you, Michelle. [2:15:38] You're welcome.