Councilman um meeting for Tuesday, August 18th, 2026. My name is Mark
Clark, I'm the mayor. I'm going to call the meeting to order. Please stand and
join me in the pledge. >> I pledge allegiance to the flag of the
United States of America, and to the republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
» Roll call, please. >> Mayor Clark.
» Here. >> Mayor pro tem Plecka.
» Here. >> Council member Johnson.
» Present. >> Council member Neal.
» Present. >> Council member Crabtree.
» Here. >> Council member Delaney.
» Here. >> Council member Lopez.
» Here. >> All right, next item on our agenda is
the awards and recognition for the August 2026 yard of the month. And this
month's winner is Thomas McGugan and Patty Peterson. If you're in the
audience, please step forward. I'll present you a certificate and a gift
gift card to the Human Bean.
And we also got a cool yard sign >> [laughter]
[applause]
» All right, next on our agenda is audience participation. Is there anybody
that wishes to address the city council on any item that's not on the agenda and
or of a public hearing? If so, please step up to the podium, state your name
and address for the record, and please keep your comments to under 2 minutes.
» Hello, Leslie. >> Good evening, council. How are you?
» How are you? >> Um Leslie Turner, she's actually a
director of the Evans Area Chamber of Commerce and I am here because I have
secured an opportunity with House District 50 candidate debate to bring it
here to Evans. Both candidates have already agreed to do the event and what
I am here to ask Council for tonight is the space to do that, to donate the
space over at the library. It will be a public event.
It will be advertised. It will be about 4 to 6 hours long considering clean up
and set up is what I'm thinking. >> Okay.
Okay. Anybody have any
» Sounds good. >> Sounds good.
» Yeah, I don't have any problem with it. We can set up a time and coordinate it
with the staff and yeah, we'll work that out for you.
» Absolutely wonderful. >> You have a date yet?
» October 1st. >> Yep.
» I'm thinking about doors opening at 5:30, commencing at 6:00 p.m. and I'm
working out the details with both candidates now. They're both either have
toured or will be touring Evans. >> Yep.
» I I I would just Ed Bull, the city attorney, I would just advise Council
and Mayor Mayor Pro Tem that in in giving a waiver out, the
main thing would be to remain neutral in any other party after this that seeks
the same or similar circumstance. >> Awesome. Thank you. Appreciate it.
» All right, great. Thank you, Leslie.
All right, anyone else?
» My name is David Goodman. I live over by the Sams area in the
neighborhood there. I've lived here for 26 years, paid my
taxes for 26 years. I've had some major concerns with what's
going on in this city here in the 26 years I've been
here. Uh, there was one blizzard the last
blizzard we had when I was snowed in, I come home and spent my whole time off
cleaning my neighbors and my yards and my gr-
putting the snow in their yard. I left the and didn't even get out of
the state when I got a call from my wife that the city [clears throat] of Evans
had put a fine on my door for the snow being on my sidewalk.
And I couldn't understand how that could happen cuz I cleaned the sidewalk for
the whole neighborhood. And they said they come in afterwards and plowed.
I'd like to know what the easement and what the rules are about that
because I was told the easements is our sidewalks and we have to keep them
clean. But when I clean them and I have to come
back and get a ticket on my door, I just got a ticket on my door the other day on
the hottest day of the year telling me I had a few weeds my and I had a a
dishwasher sitting out on my sidewalk that I hadn't got time to put into the
trailer that I had my yard to get. And I'm getting a little concerned about
when they do this, they don't come up and knock on the door or ring the
doorbell or anything else. They just come up and tape it to my door.
And I think that's very unprofessional. Uh,
I'd like to know what the the the city does when they they
decide to put projects in and who has and what they do to talk to the people
in the city of Evans about the projects that they're getting done.
For example, the sidewalks were being fixed on Anchor
and 23rd and they fixed the sidewalks and less
than a month later they tore the sidewalks out to put in stop lights.
To me that is poor poor management and a waste of money.
I've asked for the 26 years I've been here for a light to get here and it took
26 years to get there cuz we have two schools on that street less than 100
yards from that light. There's been three times I've almost got hit. They
got the light there 26 years later. And I'm just kind of concerned about the
way things are going in this They build parks
and they put and then and but we don't have water to water our yards.
I've tore my yard completely down to dirt and saving money to put in
artificial turf because it's the only way I can keep it up.
I'm 30 I'm 69 years old and got pushed into retirement early because I wanted
to get my knees replaced. And then the results is the blood so I can't work
anymore. I'm a disabled and I'm just don't know what the heck
I'm at [clears throat] my wit's end. When they could I down on the corner of
my neighborhood I think it was last Thanksgiving or
Thanksgiving before they had a police out there shooting
into the neighbor's house and and I don't know what I never heard anything
about that. They were there for my friend. I had to go down and ask him
what had happened. They had something that they shot.
But flash bangs and aren't in towards house up he's out of his house for a
month. I think people should be acknowledged of what's going on. Just
last week my car because I've been parked by my door to make it easier for
me. I ain't got no grass so I ain't cutting anything. But then I told I
can't do that. I got to put it on the side on the driveway. So I went out that
night and put my car on the driveway and I come back in the next morning and I
went out there and my car had been broken into.
Half of my stuff been stolen out of it. So I'd like to know what the heck I'm
supposed to do. You know, I got all these concerns and
nothing that the first time I I had it happen 2 years
in a row when I first moved here and I put in and told the police they come out
and I never heard another thing about it.
So what am I supposed to do? I don't see police officers coming through our
neighborhood. The one time they ever come over in our neighborhood is when
there's a somebody getting arrested or they don't drive through just a patrol.
There's house two two doors down from mine. They have six vehicles and three
or four of them are parked on their lawn all the time.
I park my name cuz I'm handicapped now and I'm trying to get my yard fixed, but
I ain't got $24,000 to put in this stuff and do all this stuff. I got to earn it.
And when I get a a note on my door they're going to give me a $150 fine cuz
I ain't went out there and pulled weeds. Where were they were out there when I
was in my walker and bending over my walker and pull my weeds, where were
they then? Cuz nobody go by there then. Right after I got a house bill for 2
months. I went out there and was a walker and
pulled every weed in my house. Again, I didn't know where I was going to do with
the weed because you guys taken away our fall clean up and our spring clean up or
we got to pay more money for it. What are we supposed to do as a
neighborhood? You want us to clean weeds and come out and threaten us to give us
deals. So I have to spend $150, $200 on kids to come around and pull the weeds
that I can't do no more. And these are some major concerns that
I'm seeing going on in this I've seen parks get put up and
how they watering that if we can't water our
our neighborhood. [clears throat] It's starting to concern me very much.
But I've lived here 26 years and it just seems like it's going downhill instead
of up. I got a ticket just before I reach just
before I got off the truck, I got a ticket for driving through Evans with a
mud flap off my truck. It fell off when I come back. I told the officer,
"Hey, I'm headed to the yard now. I know it's off, but I got to get to the yard."
He gave me a $50 fine for that. But I see pickups and cars all over the place
with the tires sticking this far out from underneath the cars. I've lost two
windshields over the 26 years from cars like that. And there is a law and an
ordinance in this city and this county for they they're to be underneath the
vehicle. If not, they are to be ticketed for
Why are drivers are only ones to get them tickets?
I like to understand all these concerns. I expect to get answers tonight, but I'd
like to bring them up so you guys can think about them.
» All right. Well, thank you. Appreciate it.
» Thank you.
» All right. Anybody else? All right. Seeing none. All right. We
will move on. Approval of agenda. Madam Clerk, any changes to the agenda?
» No, Mayor. >> All right. I would entertain a motion.
All right. I have a motion and a second to approve the agenda.
» I didn't get a vote.
» You did not get >> No.
» Okay. Are you in favor?
» I. >> I.
» I. The motion carries 7-0. All right. Next item on the consent
agenda. Any discussion on the consent agenda? If
not, I'd entertain a motion.
Motion and second to approve the consent agenda.
» I. >> Okay. All right. That motion carries
7-0. All right. Next item, new business. Item 8A, public hearing consideration of
a retail liquor store license for Evans Liquor LLC at
Unit B. I'll open up with the public hearing. We'll [snorts] hear from staff.
» Thank you, Mayor and City Council. The city received an Julie Barnett, City
Clerk. Uh the city received an application for a new um retail liquor
store liquor license from Mr. Francis, registered agent for Evans Liquor LLC.
The application is con- for consideration of a retail liquor store
to sell alcoholic beverages for consumption off the premises located at
3313 35th Avenue Unit B. The City Council will be acting in a
quasi-judicial role as the local licensing authority to consider the
approval of this retail liquor store license. If the license is approved by
Council, the license will be processed and finalized with the State Enforcement
Division. In Council's role as the liquor
licensing authority, the approval of a new liquor license must be based on the
findings regarding the reasonable requirements of the neighborhood, the
desires of the adult inhabitants of the neighborhood, and the moral character of
the applicant. The license application was submitted
for concurrent review with the city, which allows the state to process the
application while the city [snorts] is also considering the application.
For the record, the following findings from the report submitted by staff have
been determined. Notice of public hearing.
The city received the application on June 29th, 2026 from Evans Liquor LLC
for retail liquor store off premises at 3313 35th Avenue Unit B.
The notice of public hearing on this matter was posted on the property and
published in the Greeley Tribune on or before August 7th, 2026.
The applicant is entitled to possession of the premises.
The applicant has applied for a state sales tax license and city business and
sales tax license. The selling of liquor in the manner
proposed in the application is subject to zoning, fire, building, and other
applicable laws of the City of Evans and/or State of Colorado.
This property is zoned C2 general commercial. Liquor stores are considered
a retail use indoor, which is a permitted land use in the C2 zone
district. The premises where the selling or
serving of alcohol will be conducted does not appear to be within 500 ft of
any public school or principal campus of any college.
There has not been within the last 2 years preceding the date of the
application a denial of an application by either the state or local licensing
authority for a retail liquor store at this location for the reason that the
unreasonable requirements of the neighborhood and the desire of the
inhabitants were satisfactory by the existing outlets.
So, the applicant conducted a survey within a 1-mile boundary of the premises
to convey the needs and desires of the neighborhood. The petition returned 20
businesses in favor with three businesses opposed, and the petition
returned 83 residences in favor with four residences opposed.
Uh there is one other retail liquor store within the 1-mile boundary of 3313
35th Avenue Unit B, as well as these other liquor licenses within a 1-mile.
There are three hotel restaurant, one retail liquor store, and three FMB wine,
which is are your gas stations. Um
attached to the packet was a memorandum from the Evans Police Department, which
shows that no information was found when they conducted their background check on
the moral character of the applicant. The applicant is here this evening and
available for any questions you may have, as well as a representative from
the company Liquor Pros that did the needs and desires survey.
So, the public hearing is tonight. Um so,
I'm available for any questions that you have, and the applicant is also here.
» Okay. Thank you. Any questions
of of staff and/or the applicant? So, please use the request to speak button.
All right, seeing none. Um I will ask because this is a public
hearing if there's anybody in the audience that wishes to speak for or
against this item, please step up to the podium, state state your name and
address for the record.
» Mr. Mayor >> Mr. Mayor, Councilman
My name is Tony Belfiore and I reside at 4615 West 21st Street Circle in Greeley.
The reason why I'm here is because I own three commercial buildings in this town.
I've owned one for 22 years and that's where
I started Naughty Pine Liquor. I'm the former owner of Naughty Pine Liquor. So,
when I went to get my liquor license 21 years ago,
I had at least 300 signatures. At that time, most of the council said
they'd never seen anything like that. So, and that was with a population of
15,000. Today,
there's about a population of let's say 23,000. So, you have 83 signatures.
That's less than 0.4%
of the population. So, I guess to me, what that
demonstrates is there's not a need and I know when they're talking about I've
been in many, many of these liquor these liquor licensing
either for or against. And I know the biggest thing is the need
and that's why I'm here tonight because I don't believe
that there's a need for another liquor store
when we have one within the prox close to me that that
Coral Bay is. Yeah, in my opinion, maybe biased, but
it's truthful. Yeah, I own the building where Coral Bay
is. My sons own Coral Bay Liquor. But again,
I don't think that that even from the sketch that he showed, it shows that
it's not his building is not prepared for a
liquor store. Yeah, they can do it, but it doesn't look to me like he has a lot
of experience in the liquor business. So again,
I'm just trying to tell the truth and I'm trying to save him some money
because Coral Bay is very well established, very clean established.
Like I say, we've been collecting paying property tax and collecting sales tax
for the city of Evans for 22 years. So, we have some we have some roots
here. And I I guess the basis of what I wanted
to say is the need. I think you need to look at the need. And I don't think that
83 signatures point to the need of another liquor
store. So.
» All right, thank you. Thank you very much.
Anyone else?
All right, seeing none, I will close the public hearing and entertain any comment
from council and or a motion.
All right, seeing no uh comments, I would entertain a motion.
What's that? >> Fred.
» I'm just having a login issue. >> All right, go ahead, Council member
Neil. >> I just needed to login again.
» Okay, no problem. Just go ahead. >> Picking me out.
No one mind. I'm fine. >> Okay.
All right. >> Um members of the authority, this is Eva
Garrettson with Liquor Licensing Professionals.
Um if you'd like, I can go through the process and procedure with the petition
in order to address any concerns. Um but I am here if you have any questions. Or
I can just give uh what our process and procedure is uh that we conduct
throughout the entire state of Colorado. >> All right, I appreciate it, but we've
already concluded the public hearings and
» Yes, sir. >> So, we're we're going to go ahead and to
to a vote here. So, thank you. Appreciate it.
Councilman Neil, did you have any comment?
» No. >> All right, I would entertain a motion
then.
All right, I I have a motion, but no seconds.
So, being that we have no second, that motion is
considered dead. And uh no further action taken. Or did
you I see that you voted.
» Yeah. >> Okay.
No second? All right, we don't have a second on
this, so we cannot process the motion. Therefore, that motion
does not pass.
All right.
So, I guess that's a denial for the since we have no no second.
Oscar, city attorney. >> Right.
» It's denied. >> Okay. That [clears throat] motion, guys.
All right. Thank you. Moving on to next item,
consideration of a development agreement with Mountain Cement Company. We'll hear
from staff.
» Hey. Thank you, Mayor Ed Bowles, city attorney. If if I may
brief the council from this position. I'll also rely on the the
director of engineering if if for any details in regards the roadway. But
essentially, we're calling this a development agreement, but it's really a
participation agreement for proportional cost to improve County Road 33 from the
Mountain Cement Company property to County Road 46.
Um it does not obligate the city to perform this improvement only in the
event that the city were to appropriate and then budget money within a
approximately a five-year period. It does allow for an extension which is
called in a tail period of six months to keep the agreement going to allow for
design and the build-out subsequent build-out
if if the city were to obtain funding from an alternate source which we
believe to be Mountain Tracks in the future and then
» [clears throat]
» to fully fund the project. But at this point again the recommendation is to
Council to approve this. It is their proportional share of that
improvement of the paving of that road. Thank you.
» Thank you. Any questions or comments of staff?
» Yes and can you
remind me what the length of this
segment is? >> It's approximately 6,900 ft.
» Thank you.
» Since my request to speak is not up and I don't see anyone on the board so it
seems that there's no other questions or comments I'd entertain
» We're having some little technical difficulties here at the moment.
» No no no problem. Anybody else any questions or comments while we're
waiting? No? All right. I'd entertain a motion.
» It's not giving me the option. >> All right, we'll go ahead and do a vote
by vote. Okay, I have a All right, I've entertained a motion.
» I move to approve the development agreement between the city of Evans and
Mountain Cement Company. >> Second.
» I have a motion and a second to approve the development agreement between the
city of Evans and Mountain Cement Company. All those in favor signify by
saying aye. >> Aye.
» All opposed nay. Motion carries. All right, next item.
Public hearing consideration of ordinance number 869-26, accepting the
public road right-of-way for MCC first replat. We'll hear from uh us I'll open
the public hearing. Hear from staff. >> Great. Good evening, Mayor and Council.
Micah Hallsey, planner with the City of Evans.
For your consideration this evening is ordinance number 869-26 for acceptance
of public right-of-way, uh which supports the proposed Mountain Cement
Company minor subdivision first replat application. The second reading of this
is scheduled for September 1st. This is a public hearing.
The property owner of the subject land is Mountain Cement Company LLC as
represented by the EPS Group in attendance tonight. The subject
right-of-way is depicted in the stamp survey exhibits A and B attached this
ordinance. For background, the City of Evans
Community Development Department is processing the Mountain Cement Company
first um replat to their minor subdivision, which
seeks to consolidate Lot A of RE3237 and Lot 1 of the MCC minor subdivision
into a single lot. So, this is a lot consolidation replat. Uh both lots are
annexed into the City of Evans. The proposal proposed resultant lot will
contain the pending MCC transloading terminal, which is under construction
and permitted by separate site plan. This replat and subject dedication of
additional right-of-way is related to, but is distinct and separate uh
procedurally from this uh MCC facility. In brief, the property owner requested
dedicating additional strip of right-of-way being 10 ft in width along
the full frontage of the property lying west of and adjacent to the existing
60-ft of right-of-way 447th Avenue, also known as uh County Road 33. This area
has been previously identified as future right-of-way to be dedicated by this to
the City of Evans per the Weld County record exemption plat uh RE615-01-63
as um recorded in 2015. This 10-ft wide strip to be dedicated is
approximately 0.32 acres. The overall half right-of-way section being 30 ft
lying west of the section line and that additional 10 ft is a total width of 40
ft um is approximately 1.29 acres, while the existing half right-of-way of 30 ft
is already public right-of-way, this ordinance formally accepts that entire
40 ft strip as uh dedicated in fee to the city of Evans.
The re-plat application has been initially approved and included this as
a condition of approval uh for city council accept the additional road wide
right-of-way prior to recording the plat.
Uh, per section 18.03.100 of the Evans municipal code, city
council is responsible for acceptance of additional city right-of-way.
The subject acceptance of right-of-way supports this condition. The re-plat
includes a statement of dedication for the right-of-way um with information on
the city council ordinance. So, just so you know the mechanism, city council is
accepting the right-of-way. You're accepting it as part of the public road
network. The plat is the vehicle where that right-of-way is officially
dedicated. And so, this ordinance would be referenced on the plat. Um, there are
no direct financial impacts related to the city as a result of this
right-of-way. It's not a necessary roadway. This is just the land where a
road could be built. And for recommendation, staff has reviewed the
applicable Evans municipal code sections, found that the applicant's
request is consistent with the staff report with the 2015 recorded exemption
plat. And staff recommends
approval of this ordinance on first reading. Should this ordinance be
approved on second reading, this is the final condition of approval for this
re-plat and the approved plat would move to recordation. Um, applicant's present,
happy to answer any questions. Thank you.
» Great. Thank you, Michael. >> Appreciate it. All right. Uh, any
questions of staff?
All right. Seeing none. Um, cuz this is a public hearing, I'll ask
anybody in the audience that wishes to speak for or against the site to please
step up to the podium, state your name and address for the record.
Seeing none, I'll go ahead and close the public hearing and entertain any council
discussion and/or a motion. Staff
» [clears throat] >> I'm glad to see this replat is clearing
this up and consolidating this piece of land.
» Seeing no other comments, I would entertain a motion.
» I move to approve ordinance number 869-26
as proposed on first reading. >> Second.
» I have a motion and a second to approve ordinance number 869-26 as proposed on
first reading. All those might signify by saying I.
» I. >> All opposed, nay.
Motion carries. All right, next item 8D, consideration of resolution number
24-2026, designation of four automated vehicle
identification systems, AVIS, and we'll hear from staff.
» Good evening, council, mayor and council. Uh Randy Darlin, chief of
police. The Evans Police Department is
requesting City Council approve resolution number 24-2026
designating four roadways as automated vehicle identification system traffic
safety corridors. This is pursuant to CRS 42-4110.5
and the Evans Municipal Code 10-04-119. The proposed corridors are 37th Street,
42nd Street, Prairieview Drive, 11th Avenue, and 35th Avenue. The Police
Department completed a separate traffic safety assessment for each corridor
using recent quantitative data, including traffic volume and speed
studies, crash history, enforcement activity, hazardous driving incidents,
and traffic-related complaints. Based on these assessments, staff has
determined that each proposed designation is reasonably related to
improving traffic safety. Approval of the resolution establishes the
geographic areas in which AVIS technology can be deployed. It does not
require automated enforcement throughout the corridors or authorized enforcement
until all applicable statutory and municipal requirements for notice,
warning period signage, equipment placement, privacy data use, and program
operations have been satisfied. Over the last
few months, we've been working through this process.
Uh last our last meeting, we passed the ordinance for this process. These are
the first four corridors that I will bring you that will provide uh uh
different roadways throughout the city that provide the opportunity to utilize
Avis technology. And that that technology is both a uh
a fixed location that will be out off of 37th and and Palermo Drive and the
mobile uh unit that would be mobile throughout the community within these
specific corridors. Um
identifying corridors is a requirement under the state statute for Avis
technology. Um this is step one. We'll have
additional corridors. We'll bring them to you in in pieces as you could see,
the process for this was uh pretty substantial. We did a quite a bit of
data collection, quite a bit of uh radar use to bring as much data and and
quantitative information uh under the state statute as we could to this
process um and to try to be as transparent and open to the public about
what our, you know, traffic related safety protocols are in the city. Um
each one of the corridors uh was was evaluated on the same, similar, or
identical standards. We used a methodology across all of the the
locations. Um each one of those uh documents was uh provided to you uh for
this this hearing for this uh request under the resolution and uh was provided
uh each of the required uh data metrics under the state statute.
So, you can I'll be happy to answer any questions you might have on those.
» Okay. Thank you, Chief. Appreciate it. Any questions or comments to the first
half?
Council Member Delaney. >> I didn't do that.
I don't know how my name is on there. >> Okay.
Thank you, Chief. >> [laughter]
» All right. Seeing no questions or comments, I'd entertain a motion. Oh,
Council Member Johnson. >> Um
one of the things I would like um if you can also just um elaborate on the type
of system it is cuz I know many are concerned as I have concerns
address concerns for other types of the ALPRs, but this is not. So, if you can
just distinguish the difference between this system and the other system.
» So, we have [clears throat] two systems that'll be going into place within the
city. One is a fixed location. Um and one is a uh mobile trailer. Both
use ALPR technology, but it is not used in the same ALPR technology ALPR
technology uh system that most concerned uh some of the public is the Flock
system, right? The technology is very very similar.
Um the difference is live notification to law enforcement uh through um through
the cameras, right? So, when with the cameras we're putting into the public in
this endeavor, Avis, right? They go into uh into the streets. There is signage
letting you know that the the the the equipment is within 300 ft of the
signage that's on the public way. We we sign the roadways as well.
And then if a vehicle is captured speeding within an area, there is a
license plate read. And that license plate read is then
eventually sent to the police department for confirmation of the violation of
speeding. There isn't an immediate read of a
license plate to tell us, "Hey, the occupant in this vehicle or the
registered owner of this vehicle has a warrant for their arrest." There isn't
data that's being provided to the police department that the vehicle may be
stolen or um there isn't an Amber Alert or a Senior Alert associated with any of
the plate reads. This information is read specifically to
the radar detection device and and whether or not someone is speeding
within that area, and then the data is uh
» [clears throat] >> collected, correlated, and then anybody
that was identified as traveling at 11 mph or more over the speed limit is then
identified through uh license plate technology. We then verify that license
plate against the registered owner of the vehicle, the make, the model of the
vehicle, the color of the vehicle, whether or not we got a clear read of
that license plate, and then that is brought to the police department for us
to do a secondary check and determine whether or not that is an actual
speeding violation, at which time we then identify that as a notice of
violation and have the company send that out to the public. So, there's no live
read notifying the police department of any individual operating that motor
vehicle of any warrants, of any um whether or not that's a licensed
driver, any of those factors. It's just simply
looking at speed of the vehicles traveling through the corridors
uh and being um monitored by our equipment that's in the
field. So, very different than ALPR. However, it's similar technology. It's
still a license plate read from a camera, right? And that's the similarity
between the two. Um and that data is stored, so if there
were a later investigation that were necessary, it would be a uh uh for a law
enforcement purpose, there would be an ability for us to go back and look at
that data, but it's not being done the way the
Flock system is, where it's live notification
um tracking of a vehicle or, you know, a
notification to the police that the vehicle stolen or any of those factors.
If a vehicle went through one of these cameras that was stolen, we would get no
notification. If a vehicle went through that was the registered owner had a
warrant for their arrest, we would get no notification. Those type of
notifications are not part of this system.
» And I I appreciate that explanation. I think in part the reason why
this is happening is because our community um
has requested some type of measure to help with safety, especially with a lot
of vehicles speeding, um crashing into properties, um putting the community in
danger due to that. And so, this is one of the things that we're going to
attempt to try to mitigate that for the community. So, thank you
for that explanation.
» All right, I'd entertain a motion.
All right, I have a motion and a second to approve adopt resolution number
24-2026 designating the four traffic safety
corridors identified in the resolution as automated vehicle identification
system corridors pursuant to CRS 24-4 um
110.5 and sections 10.04.119 of the Evans Municipal Code.
So, if you're votes.
And that motion carries 7-0. Thank you, Chief. Appreciate it.
All right, next item consideration of resolution number 25-2026
proposed November 2026 ballot question for amendment to food sales tax. You
will hear from staff.
» Well, the information that I was going to put up is in your packet this
evening. So, it's just about the language that I was going to add um
to it. So, uh good evening Mayor Clark and members
of council. Brian Stone, economic development um director for the It's
okay. Um city of Evans. Um I'm here this
evening for the consideration of a resolution which would amend the
permitted uses of the current city of Evans food tax.
Uh I I want to start off by saying this is not a new tax. Um it does not
increase the tax rate and it doesn't does not change what is taxed um within
the food um realm. Most of you are aware of what the food
tax does, um but it really generally applies to food purchased for home
consumption. So, that's your meat, that's your fruits and vegetables,
bread, cereals, uh frozen foods, dairy products,
and other um grocery items. It does not include your hot um prepared meals,
tobacco, um alcohol. Thank you. Um or non-household food items. None of
that would change within this ballot amendment.
Um just to give you a little history of of
where we're at and what we've done. Uh back in 2002, um the Evans voters
approved a ballot language for the the use of
food tax. And it was very specific of what it was was used for. It's so parks
and recreation, um trails and walkways, um streets and roadways, as well as
traffic control measures. In the 2002 ordinance, so with the
ordinance um following that, there was language to include um um tax revenue
for economic development incentives. Somehow it didn't get in the ballot
language, so it's not an authorized use currently for that.
Then in 2021, uh we went back to the voters and asked them to amend this food
tax um for the use of the construction, design, operations of the Evans Police
Station. Those Those um will not change with this
proposal. Those uses will still remain in in place. What What we're trying to
clean up and and add to that is really the operations that supports those 2002
improvements. Um so we have some operational needs that can go into that,
as well as including that '02 um ordinance where we have performance
space economic development incentives that can be used from this food tax
to increase commercial development. Um Other places for the others to shop, as
well as just provide other opportunities for our our community.
Again, remaining with our our '02 and our '21,
um they'll still still remain a priority um as we move forward. So I did include
um I want to make sure that everybody's um okay with the language on it. We have
met with um Butler Snow, as well as um internal
legal counsel has reviewed this and helped us with the language, as well as
the resolution. So I'll give you a quick second to to take a peek. I apologize,
it's it's not very big, but it was included in your packet in your packet,
as well. Um
But it is it is lengthy, but we really want to provide the transparency of what
this is, what it's going to provide, and really what we're asking our Evans
voters to to decide on. And really understand um that I look at this as a
community benefit of of adding these uses for you guys to make decisions on.
So if the voters say yes, um City Council would [snorts] have the
additional authority to utilize those purposes listed within that ballot
question. That being said, everything still has to
come to city council for approval. So, appropriations and approval will remain
the same. It'll just be an opportunity for you guys to have a little bit more
flexibility. The existing voter approved uses in 2022
and 20 2002 and 21 remain in place.
The tax rate remains the same as the well as the products that are being
taxed. If the there is a a no votes in November, then everything remains the
same. The '02 and '21 remain in place as is today.
So, we're looking for direction tonight to add this ballot question to the
coordinated election with Weld County on November 3rd.
Um as I mentioned, we have had legal assistance review this.
Um and just to kind of reiterate, it's it's no new taxes and it really provides
you guys a city council flexibility to look at other opportunities that we can
bring in and incentivize and or use for operations for some of those
improvements that we've done uh in the past. So, with that, staff would
recommend uh approval of the resol- resolution and I'd be happy to answer
any questions you have. >> Okay, thank you, Brian. Appreciate it.
Any questions or comments of staff? Actually, I do have a quick question.
So, this was originally proposed in 2002.
» Yep. >> It was supposed to be on the ballot,
never got on there as it was intended to be.
Went out and got it in 2021, nobody caught it then.
So, the question is, as you said, they vote no, where do we come up with any
way that we can work any economic incentives for any
major or future developments? Where does that
come from? >> Well,
um well, we would have to use, you know, for the non-food related items. So, we
would have to look at other opportunities that that go um we would
have and really how this all got brought up is as
I'm working on an incentive policy for the city of Evanston we can attract new
commercial development within our community. And this was identified as I
as I dug down further and stumbled upon a document I noticed that
this was not an available use. So that's why we're bringing it to you guys this
evening to expand your opportunities to create that flexibility to utilize these
funds for one operations but more importantly incentives that we can bring
additional commercial development to Evanston.
» Mr. Mayor, I'd also throw out there if I may
that there's there there are other tools for economic
development but they're a bit more cumbersome. So there's TIFs, tax tax
increment financing that requires a URA. Brian and I have looked at that as to
what what that means for other areas of the community as we as we work on the
build out of of additional commercial economic development opportunities. And
then there are other opportunities like um
PIDs
» Public improvement districts. >> Public improvement districts. Thank you
very much. Public improvement districts but again those things have to be
the city council has to be petitioned for those and so the they are a little
bit more cumbersome. Um but but those are just an example of
a couple different alternatives that uh that exist out there but
they do come with some nuances. >> Absolutely. No, I I mean I I agree with
with with that completely. I mean I just wanted to put it out there because what
I wanted to reiterate is you know, in order for us to continue to grow and
progress forward we need these additional tools in in in order to help
us draw more businesses in and be more competitive with our you know,
neighboring communities. I mean for a city like us to continue to grow just
like all other communities out there they use economic incentives and all
these incentives for these large businesses to come into their
communities. So I I to you know, throw that out there because I know a lot of
people like to see a lot more retail in here, larger developments and everything
like that. This is one of those tools that we would be able to utilize to lure
them into our community and, you know, and and help them, you know, be a part,
you know, part of our community. So, I think this is a really good idea. I
think this makes us really competitive, you know, with other communities to draw
in more businesses and everything. And, you know, that that money can go a long
way to hire more police officers, put more staffing out in the street, you
know, for code enforcement, you know, you know,
everything that we we could utilize, you know, infrastructure [clears throat]
improvements, etc. So, I really appreciate it. Thank you.
» And one of the things that, you know, pursuant to Brian's present Brian's
presentation tonight is this is an existing tax. This is not a
tax increase. And this is the only tool we have that is not a tax increase
uh from where we're currently at. So, that is, I think, the
one of the real one of the real valuable pieces of this is our tax rate is not
increasing with the expansion of this
of this opportunity. >> No, absolutely. And if we're going to be
a community that's going to be reliantly heavy on sales tax and have a very, you
know, small mill levy, this is a big, you know, advantage for us to use this
and a tool to go forward. So, thank you. Appreciate it.
What's number uh Councilmember Johnson.
» Um I am for this proposed ballot question. I have a question, though. Um
granted Now, if
if it passes tonight, do we have um a marketing plan, like PR or what are we
doing? Is there a plan in place, I should say, to ensure that this
passes?
» After tonight, staff's hands will be tied just a little bit. Um I have
created a fact sheet if it does pass that I will distribute to Cody for um
distribution so that way everybody at the front desk, customer service,
everybody throughout our side that we can we can get the factual information
that's as much as we can provide. Um if that it's if
from that point on it's going to have to be um residents and and other people
that are are are showing the support for this um ballot issue. We will provide
the facts and that's what we can do. I apologize that we didn't get this in
front. This all kind of stumbled across as I was I was hoping tonight I would be
presenting incentive policies um but I think this is an important step to make
sure our incentive policies align with what your guys' goals are as well as the
city's for growth and how we can move forward.
» I agree. I I agree this is extremely important for our community especially
as, you know, we methodically bring in new businesses.
Um have we What what's the deadline for like the city to speak on this? Um and
the reason why I say this because currently we have in our audience
our um the executive director for the chamber so if we can recruit, you know,
um partners and stakeholders to help us and I'm glad you're here today
um so they can assist with this endeavor.
» Can you speak to that Ed of of when we I know we have to have the the ballot
question to the county by the first part of September um but can you kind of
guide us on on that process? >> Cuz there's typically like a deadline
when it's like the city can't speak on it. Um
in the past that has happened so I'm just curious to when that is.
» I don't have I don't have the the exact timeline in front of us. We do know that
the the window is very tight.
» It felt like September. >> Yeah.
» So we're good right now? >> Once it's pretty much
» It needed It needed to go on and be approved tonight in order
to make sure that we hit the ballot because of the fact that we're
uh the IGA that we have with the with Weld County. So
um >> The ballot needs to be certified with
the county by September 4th. And then we still need time before that to actually
do the Spanish interpretation and get that certification before we certify the
ballot. So, um tonight was basically the last night.
» Okay. So, speak Just kidding. No, thank you.
Thank you, Brian. I appreciate you. Thank you.
» Councilmember Neil. >> Along the line,
are we planning on mailing out the fact sheet
before they it hits the ballot?
» I I think we can look at avenues following tonight's approval and your
guys' consideration for this. Once we have that, then we can look at avenues
of of promoting it to um the factual information that we can
provide. >> Well, it definitely needs to be promoted
and we got a short period of time to try to
convince the voters that this is needed to be changed.
Originally, back in 2002, when this was passed
or promoted, um the mantra from the city council
and the mayors back then was always that development will pay for itself.
And that climate has changed over the years to
where you have to promote your city
and its amenities to attract businesses. And
I'm not entirely in favor of that aspect myself, but
I I realize that this is what what people are doing in other communities.
So, I am in favor of of
uh trying to get this changed over.
Um it's my understanding that by ordinance,
they uh
uh previous city councils had kind of
added this to that without and that's why we are now
because it was never put on the ballot, that's why we're putting it on the
ballot, but I'm very concerned about the timeline, the narrow timeline to get
this done.
And get the information out to the voters.
» Yeah, like I said, I have the fact sheet already done, so we can start working.
Um I apologize, it just it snuck up on us, and and we think this is the best
opportunity to move forward and and the best time to do it.
It really is, and with and you know, kind of going back to the the incentive,
if it really is performance-based. So, none of that is additional cost to the
city. Um it'll be a a shareback agreement more so than
than us paying. >> It's just really unfortunate that we've
we've discovered another thing that's uh
should have been done 20 years ago and have to correct try to correct it
and and submit it to the voters in a short
period of time.
» It is. >> Thank you.
» Thank you, Councilmember Neil. All right, any Not seeing any other
additional questions or comments for staff, I would entertain a motion.
All right, I have a motion and a second to approve resolution number
2025 or 2025-2026
referring to the proposed food sales tax ballot question to eligible electors of
the city of Evanston at the November 3rd, 2026 coordinated election subject
to final legal review and any necessary non-substantiated
revisions.
And that motion carries. All right, next report, city manager.
Thanks, Brian.
» Yes, Mayor and Council, just a couple things for you here tonight. In your
packet, uh I have included a pretty lengthy
uh city manager's update on various uh capital projects that we have. I just
want to go over a couple of those with city council tonight. Uh, first off,
concerning the police station construction, the city has taken
possession of the new Evans Police Department building. Uh, they began
moving in on August 10th. Got in pretty quick. Uh, we're in our second week of
operations of of full police operations out of the new facility. Uh, with
construction of the new facility sub uh, substantially completed, the project has
transitioned uh, to renovation of the former space here at city hall. Uh, that
will be the expansion of the administrative offices uh, with that
completion scheduled for December of 2026.
Uh, jumping down to uh, County Road 394 culvert repair. Uh, that project has
been awarded to Coyote Ridge Construction in the amount of
$108,852.35.
Uh, construction is anticipated to begin on or about August 24th. Uh, and is
expected to take 2 weeks to complete weather permitting. So, uh, should have
that uh, that road opened up here in the in the near future.
49th Street engineering studies. Uh, that project has been awarded to JR
Engineering in the amount of $109,420. Uh, with work expected to begin after
August 24th. So, uh, $109,420. I know at first we were we were really
unsure what that was going to cost and then it was pulled down under 200 uh,
200,000. So, $109,490 is uh, substantial decrease from where
where we initially expected these pre-design studies to come in at.
Ridge Pond pump station. The engineering team is currently working on the
internal review for all aspects of the project uh, to make sure that we have
have it properly scoped. Uh, after which time we get a RFP issued by on Bidnet
uh, by the end of August uh, 2026. So, that's coming up here
just in a couple of weeks. I hope to have that out on Bidnet [snorts] for
consultant selection. Updates on a couple of upcoming
community events. We have Heritage Days scheduled for
Saturday, September 19th, 2026. And then we have the fall 2026 community
cleanup event scheduled for Saturday, October 3rd,
2026. That'll take place from 8:00 a.m. to
4:00 p.m. at the First Avenue site. And Mr. Mayor, that's all I have tonight.
» Great, thank you, Cody. Appreciate it. All right, city attorney.
» Just briefly, Mayor. Um I continue to work with the city manager
to one by one address
issues that have come up and we are very successful, I believe,
thus far. Come October, just to put it
let you hear that in municipal court they're going to be adding an afternoon
session for criminal matters and they'll be writing traffic tickets in the
morning. >> Thank you. Thank you. Appreciate it.
All right, moving on.
Let's see. Council discussion.
All right, so I just want to let you know be on the
lookout for council in the next couple weeks. I'm going to be working with
Julie Tempwich in HR to get the annual uh
city manager evaluation out to you. And then later on after that will I know,
you know, our city attorney's only been with us a short period of time, but
we'll just give him a preliminary preliminary evaluation, you know, maybe
about a week or two after that. So, be on the lookout for those coming through
to you on your email. Other than that, that's all I have.
Council member Johnson. >> Um, I just wanted to speak on the
manager's report. I know we're in the midst of the 37th Street light um
project. I just wanted to um
this is touching on that subject but not just
the street light component. I know we had discussed previously and this is
some time ago there was an analysis made for um 29th and there um
although we couldn't place like a speed bump or a stop sign, we considered a
street light there because it is really dark on Anchor and 29th.
And so I just wanted to see if there's a possibility to add that to that specific
project just because I know it does take a year for us to order street lights.
And I don't know if we can just add it to that.
Granted this is something I'm bringing up from previous um council discussions
that we had. Just bringing it back to the forefront.
» Yeah, I appreciate you bringing that back up. I'll I'll coordinate with
engineering and then I'll get information out to the council on that.
» Perfect. Thank you. >> All right, Councilman O'Neal.
» Well, first uh Cody and Ed are are we
having any luck looking at uh re- being reimbursed uh
for the the culvert repair?
» So the culvert repair is is a interesting situation. Um
I actually went out with the director of engineering to to look at it.
And that made every bit of difference in the world. Uh essentially what you have
is a situation where the culvert failed. Uh you have an individual that uh
essentially did dig into that. However, um by law
the city is responsible for uh the maintenance of that culvert and the
subsequent replacement once it fails. Maintenance there is case law on it. So,
in this instance, uh there will not be any ability to recover any um
repair cost. Um so much time has passed to even
determine what the amount of damage would have been done to the roadway
um to accurately go after it. Plus the fact that uh it was already it
had already failed. So, it it's a unfortunate situation that
should have been addressed
a long time ago. >> And I thought that uh
the the was um
technically the property of uh Dixie
um water company or something.
» So, Dixie it was responsible for putting it in. The the the provider/owner is
responsible for for it and when it goes in, but once it goes under that roadway,
it becomes the responsibility whoever owns that roadway. In this case, it's
the city and it's maintenance that is required and and maintenance includes
end-of-life replacement. >> All right, thank you for that.
Um the other thing I need to bring up is uh we
uh received a a substantial amount of information
about the uh
someone wanting the client's zone in the railroad
again and um
just wanted to reiterate that there were four members here on this
council that were uh engaged in that discussion about 5
years ago and
um at that time it was just uh pretty cost prohibitive
um at uh
1 to 2 million dollars per intersection. And
the most effective thing that we could do
would be to close 39th Street off completely. I note that CDOT has already
recognized um
a problem area there and uh done something to mitigate it by
uh closing off access to going and turn making turns southbound
on Highway 85 at that intersection. Um
I don't know whether the council would want to pursue maybe doing a quiet zone
there. I know the railroads are very acceptable to closing off
uh little used intersections
or crossings, uh but it's still
would probably cost us a quarter of a million dollars to do that.
Uh so I don't know whether there's any interest in that or
or checking into seeing what that would do what the cost would be to do that at
this time, but uh since it's been brought up by a resident
on the east side again uh I thought I'd bring it up and
» I am not in favor of that. It's cost-prohibitive, one. Two, the
railroads do not have to abide by any quiet zone regardless of a municipality
enforces one or not. They're federal railroads trump any state
and municipal um
um noise ordinance. Um if they feel that they need to go through and blow their
horn, they they absolutely have the right to do it. The railroads already
made some progress in trying to mitigate train traffic stopping in larger
communities such as Evans and Eaton and LaSalle and not have their trains parked
in you know, in those intersections for a long period of times by already
closing some of the county roads, especially up uh
past uh um Alton Pierce to reduce that, but they
still can do that if they need to because of their work and rest cycles. I
don't think it's we don't have the budget for it. The
railroads don't have to abide by it. And and and it's it's cost prohibitive.
I mean, my my thing is too you you live in a community that's near
a railroad, you own a house that you purchased
that's by a railroad. And that's the unfortunate consequence
of living near a railroad. You you will have train traffic going through and
they will blow their horn. >> Well, I'm
» [clears throat] >> I'm not looking at it so much as a
uh noise issue, it's a safety issue because
there's no lights there or a signal there at that
intersection. And it's uh
very little used. Um because now now you can only go north
on um Highway 85. But
uh it it's still a safety concern
um to me because there are there are no
no uh signals there or or gates to indicate that uh a train's coming
through there. Uh
» From what I recall, um there weren't any um
significant accidents or injuries to pedestrians or anything.
So, for me we have other issues we need to worry
about and I would rather put our money towards
you know, the bigger issues that need to be addressed, especially on the east
side, than shut down a street that might that some residents might get upset
about. So, for me, I can't get behind that, uh
shutting down a street. >> One one resident, but it's not multiple,
so. >> Well, I'm just saying.
You know, from what I understand, there were no big wrecks to bring it
you know, make it worry. >> I think the police chief or the fire
chief said there were were one pedestrian and one car
over 26 years that he can remember, but so
» Anybody Anyone else? >> No.
» All right. Well, it doesn't seem like there's any
interest from the council line. >> Well, thanks for Thanks for bringing it
up though, Council member Niel. I appreciate it though.
» I'm just following it up with what the resident said, so.
» Absolutely. I appreciate that. Absolutely, 100%.
» So. >> All right, I'm not seeing anybody any
other things for council discussion, so with that being said, I'm going to go
ahead and adjourn the meeting. Thank you, everybody.