[0:00] Councilman um meeting for Tuesday,
August 18th, 2026. My name is Mark
[0:03] Clark, I'm the mayor. I'm going to call
the meeting to order. Please stand and
[0:06] join me in the pledge.
>> I pledge allegiance to the flag of the
[0:10] United States of America, and to the
republic for which it stands, one nation
[0:16] under God, indivisible, with liberty and
justice for all.
[0:23] » Roll call, please.
>> Mayor Clark.
[0:26] » Here.
>> Mayor pro tem Plecka.
[0:27] » Here.
>> Council member Johnson.
[0:29] » Present.
>> Council member Neal.
[0:31] » Present.
>> Council member Crabtree.
[0:33] » Here.
>> Council member Delaney.
[0:35] » Here.
>> Council member Lopez.
[0:36] » Here.
>> All right, next item on our agenda is
[0:39] the awards and recognition for the
August 2026 yard of the month. And this
[0:43] month's winner is Thomas McGugan and
Patty Peterson. If you're in the
[0:48] audience, please step forward. I'll
present you a certificate and a gift
[0:52] gift card to the Human Bean.
[0:59] And we also got a cool yard sign
>> [laughter]
[1:23] [applause]
[1:30] » All right, next on our agenda is
audience participation. Is there anybody
[1:33] that wishes to address the city council
on any item that's not on the agenda and
[1:36] or of a public hearing? If so, please
step up to the podium, state your name
[1:40] and address for the record, and please
keep your comments to under 2 minutes.
[1:51] » Hello, Leslie.
>> Good evening, council. How are you?
[1:54] » How are you?
>> Um Leslie Turner, she's actually a
[1:57] director of the Evans Area Chamber of
Commerce and I am here because I have
[2:02] secured an opportunity with House
District 50 candidate debate to bring it
[2:08] here to Evans. Both candidates have
already agreed to do the event and what
[2:12] I am here to ask Council for tonight is
the space to do that, to donate the
[2:16] space over at the library.
It will be a public event.
[2:20] It will be advertised. It will be about
4 to 6 hours long considering clean up
[2:25] and set up is what I'm thinking.
>> Okay.
[2:29] Okay.
Anybody have any
[2:33] » Sounds good.
>> Sounds good.
[2:35] » Yeah, I don't have any problem with it.
We can set up a time and coordinate it
[2:38] with the staff and yeah, we'll work that
out for you.
[2:41] » Absolutely wonderful.
>> You have a date yet?
[2:44] » October 1st.
>> Yep.
[2:47] » I'm thinking about doors opening at
5:30, commencing at 6:00 p.m. and I'm
[2:51] working out the details with both
candidates now. They're both either have
[2:55] toured or will be touring Evans.
>> Yep.
[2:59] » I I I would just Ed Bull, the city
attorney, I would just advise Council
[3:04] and Mayor Mayor Pro Tem that in in
giving a waiver out, the
[3:09] main thing would be to remain neutral in
any other party after this that seeks
[3:15] the same or similar circumstance.
>> Awesome. Thank you. Appreciate it.
[3:20] » All right, great. Thank you, Leslie.
[3:24] All right, anyone else?
[3:32] » My name is David Goodman. I
live over by the Sams area in the
[3:36] neighborhood there.
I've lived here for 26 years, paid my
[3:40] taxes for 26 years.
I've had some major concerns with what's
[3:45] going on in this
city here in the 26 years I've been
[3:49] here.
Uh, there was one blizzard the last
[3:52] blizzard we had when I was snowed in, I
come home and spent my whole time off
[3:56] cleaning my neighbors and my yards and
my gr-
[4:00] putting the snow in their yard.
I left the and didn't even get out of
[4:04] the state when I got a call from my wife
that the city [clears throat] of Evans
[4:07] had put a fine on my door for the snow
being on my sidewalk.
[4:11] And I couldn't understand how that could
happen cuz I cleaned the sidewalk for
[4:15] the whole neighborhood. And they said
they come in afterwards and plowed.
[4:20] I'd like to know what the easement and
what the rules are about that
[4:24] because I was told the easements is our
sidewalks and we have to keep them
[4:27] clean.
But when I clean them and I have to come
[4:30] back and get a ticket on my door, I just
got a ticket on my door the other day on
[4:34] the hottest day of the year telling me I
had a few weeds my and I had a a
[4:39] dishwasher sitting out on my sidewalk
that I hadn't got time to put into the
[4:43] trailer that I had my yard to get.
And I'm getting a little concerned about
[4:49] when they do this, they don't come up
and knock on the door or ring the
[4:52] doorbell or anything else. They just
come up and tape it to my door.
[4:55] And I think that's very unprofessional.
Uh,
[5:00] I'd like to know what
the the the city does when they they
[5:04] decide to put projects in and who has
and what they do to talk to the people
[5:10] in the city of Evans about the projects
that they're getting done.
[5:15] For example, the sidewalks were being
fixed on Anchor
[5:20] and 23rd
and they fixed the sidewalks and less
[5:24] than a month later they tore the
sidewalks out to put in stop lights.
[5:29] To me that is poor poor management and a
waste of money.
[5:34] I've asked for the 26 years I've been
here for a light to get here and it took
[5:38] 26 years to get there cuz we have two
schools on that street less than 100
[5:43] yards from that light. There's been
three times I've almost got hit. They
[5:48] got the light there 26 years later.
And I'm just kind of concerned about the
[5:52] way things are going in this
They build parks
[5:56] and they put and then and but we don't
have water to water our yards.
[6:02] I've tore my yard completely down to
dirt and saving money to put in
[6:06] artificial turf because it's the only
way I can keep it up.
[6:09] I'm 30 I'm 69 years old and got pushed
into retirement early because I wanted
[6:13] to get my knees replaced. And then the
results is the blood so I can't work
[6:17] anymore. I'm a disabled
and I'm just don't know what the heck
[6:21] I'm at [clears throat] my wit's end.
When they could I down on the corner of
[6:25] my neighborhood
I think it was last Thanksgiving or
[6:29] Thanksgiving before they had a police
out there shooting
[6:33] into the neighbor's house and and
I don't know what I never heard anything
[6:37] about that. They were there for my
friend. I had to go down and ask him
[6:41] what had happened. They had something
that they shot.
[6:44] But flash bangs and aren't in towards
house up he's out of his house for a
[6:47] month. I think people should be
acknowledged of what's going on. Just
[6:52] last week my car because I've been
parked by my door to make it easier for
[6:57] me. I ain't got no grass so I ain't
cutting anything. But then I told I
[7:01] can't do that. I got to put it on the
side on the driveway. So I went out that
[7:05] night and put my car on the driveway and
I come back in the next morning and I
[7:09] went out there and my car had been
broken into.
[7:12] Half of my stuff been stolen out of it.
So I'd like to know what the heck I'm
[7:15] supposed to do.
You know, I got all these concerns and
[7:20] nothing that the first time I I had it
happen 2 years
[7:23] in a row when I first moved here and I
put in and told the police they come out
[7:28] and I never heard another thing about
it.
[7:30] So what am I supposed to do? I don't see
police officers coming through our
[7:34] neighborhood. The one time they ever
come over in our neighborhood is when
[7:39] there's a somebody getting arrested or
they don't drive through just a patrol.
[7:43] There's house two two doors down from
mine. They have six vehicles and three
[7:48] or four of them are parked on their lawn
all the time.
[7:52] I park my name cuz I'm handicapped now
and I'm trying to get my yard fixed, but
[7:56] I ain't got $24,000 to put in this stuff
and do all this stuff. I got to earn it.
[8:02] And when I get a a note on my door
they're going to give me a $150 fine cuz
[8:07] I ain't went out there and pulled weeds.
Where were they were out there when I
[8:10] was in my walker and bending over my
walker and pull my weeds, where were
[8:13] they then? Cuz nobody go by there then.
Right after I got a house bill for 2
[8:18] months.
I went out there and was a walker and
[8:21] pulled every weed in my house. Again, I
didn't know where I was going to do with
[8:25] the weed because you guys taken away our
fall clean up and our spring clean up or
[8:29] we got to pay more money for it.
What are we supposed to do as a
[8:34] neighborhood? You want us to clean weeds
and come out and threaten us to give us
[8:37] deals. So I have to spend $150, $200 on
kids to come around and pull the weeds
[8:42] that I can't do no more.
And these are some major concerns that
[8:45] I'm seeing going on in this
I've seen parks get put up and
[8:50] how they watering that if we can't water
our
[8:53] our neighborhood. [clears throat]
It's starting to concern me very much.
[8:56] But I've lived here 26 years and it just
seems like it's going downhill instead
[9:00] of up.
I got a ticket just before I reach just
[9:03] before I got off the truck, I got a
ticket for driving through Evans with a
[9:06] mud flap off my truck. It fell off
when I come back. I told the officer,
[9:13] "Hey, I'm headed to the yard now. I know
it's off, but I got to get to the yard."
[9:17] He gave me a $50 fine for that. But I
see pickups and cars all over the place
[9:22] with the tires sticking this far out
from underneath the cars. I've lost two
[9:25] windshields over the 26 years from cars
like that. And there is a law and an
[9:29] ordinance in this city and this county
for they they're to be underneath the
[9:33] vehicle. If not, they are to be ticketed
for
[9:36] Why are drivers are only ones to get
them tickets?
[9:41] I like to understand all these concerns.
I expect to get answers tonight, but I'd
[9:46] like to bring them up so you guys can
think about them.
[9:51] » All right. Well, thank you. Appreciate
it.
[9:52] » Thank you.
[9:56] » All right. Anybody else?
All right. Seeing none. All right. We
[10:01] will move on. Approval of agenda. Madam
Clerk, any changes to the agenda?
[10:07] » No, Mayor.
>> All right. I would entertain a motion.
[10:17] All right. I have a motion and a second
to approve the agenda.
[10:23] » I didn't
get a vote.
[10:26] » You did not get
>> No.
[10:28] » Okay.
Are you in favor?
[10:29] » I.
>> I.
[10:30] » I. The motion carries 7-0.
All right. Next item on the consent
[10:35] agenda.
Any discussion on the consent agenda? If
[10:38] not, I'd entertain a motion.
[10:49] Motion and second to approve the consent
agenda.
[10:54] » I.
>> Okay. All right. That motion carries
[10:57] 7-0. All right. Next item, new business.
Item 8A, public hearing consideration of
[11:02] a retail liquor store license for Evans
Liquor LLC at
[11:08] Unit B. I'll open up with the public
hearing. We'll [snorts] hear from staff.
[11:29] » Thank you, Mayor and City Council.
The city received an Julie Barnett, City
[11:33] Clerk. Uh the city received an
application for a new um retail liquor
[11:37] store liquor license from Mr. Francis,
registered agent for Evans Liquor LLC.
[11:43] The application is con- for
consideration of a retail liquor store
[11:46] to sell alcoholic beverages for
consumption off the premises located at
[11:51] 3313 35th Avenue Unit B.
The City Council will be acting in a
[11:58] quasi-judicial role as the local
licensing authority to consider the
[12:01] approval of this retail liquor store
license. If the license is approved by
[12:06] Council, the license will be processed
and finalized with the State Enforcement
[12:10] Division.
In Council's role as the liquor
[12:13] licensing authority, the approval of a
new liquor license must be based on the
[12:17] findings regarding the reasonable
requirements of the neighborhood, the
[12:21] desires of the adult inhabitants of the
neighborhood, and the moral character of
[12:25] the applicant.
The license application was submitted
[12:28] for concurrent review with the city,
which allows the state to process the
[12:32] application while the city [snorts] is
also considering the application.
[12:36] For the record, the following findings
from the report submitted by staff have
[12:39] been determined. Notice of public
hearing.
[12:42] The city received the application on
June 29th, 2026 from Evans Liquor LLC
[12:48] for retail liquor store off premises at
3313 35th Avenue Unit B.
[12:54] The notice of public hearing on this
matter was posted on the property and
[12:57] published in the Greeley Tribune on or
before August 7th, 2026.
[13:03] The applicant is entitled to possession
of the premises.
[13:07] The applicant has applied for a state
sales tax license and city business and
[13:11] sales tax license.
The selling of liquor in the manner
[13:15] proposed in the application is subject
to zoning, fire, building, and other
[13:19] applicable laws of the City of Evans
and/or State of Colorado.
[13:23] This property is zoned C2 general
commercial. Liquor stores are considered
[13:27] a retail use indoor, which is a
permitted land use in the C2 zone
[13:32] district.
The premises where the selling or
[13:35] serving of alcohol will be conducted
does not appear to be within 500 ft of
[13:38] any public school or principal campus of
any college.
[13:43] There has not been within the last 2
years preceding the date of the
[13:46] application a denial of an application
by either the state or local licensing
[13:51] authority for a retail liquor store at
this location for the reason that the
[13:55] unreasonable requirements of the
neighborhood and the desire of the
[13:58] inhabitants were satisfactory by the
existing outlets.
[14:04] So, the applicant conducted a survey
within a 1-mile boundary of the premises
[14:08] to convey the needs and desires of the
neighborhood. The petition returned 20
[14:12] businesses in favor with three
businesses opposed, and the petition
[14:17] returned 83 residences in favor
with four residences opposed.
[14:23] Uh there is one other retail liquor
store within the 1-mile boundary of 3313
[14:28] 35th Avenue Unit B, as well as these
other liquor licenses within a 1-mile.
[14:36] There are three hotel restaurant, one
retail liquor store, and three FMB wine,
[14:42] which is are your gas stations.
Um
[14:47] attached to the packet was a memorandum
from the Evans Police Department, which
[14:50] shows that no information was found when
they conducted their background check on
[14:54] the moral character of the applicant.
The applicant is here this evening and
[14:58] available for any questions you may
have, as well as a representative from
[15:04] the company Liquor Pros that did the
needs and desires survey.
[15:09] So, the public hearing is tonight. Um
so,
[15:13] I'm available for any questions that you
have, and the applicant is also here.
[15:17] » Okay. Thank you.
Any questions
[15:21] of of staff and/or the applicant? So,
please use the request to speak button.
[15:29] All right, seeing none.
Um I will ask because this is a public
[15:33] hearing if there's anybody in the
audience that wishes to speak for or
[15:36] against this item, please step up to the
podium, state state your name and
[15:39] address for the record.
[15:49] » Mr. Mayor
>> Mr. Mayor, Councilman
[15:52] My name is Tony Belfiore and I reside at
4615 West 21st Street Circle in Greeley.
[15:59] The reason why I'm here is because I own
three commercial buildings in this town.
[16:04] I've owned one for 22 years and that's
where
[16:08] I started Naughty Pine Liquor. I'm the
former owner of Naughty Pine Liquor. So,
[16:12] when I went to get my liquor license 21
years ago,
[16:16] I had at least 300 signatures.
At that time, most of the council said
[16:22] they'd never seen anything like that.
So, and that was with a population of
[16:27] 15,000.
Today,
[16:30] there's about a population of let's say
23,000. So, you have 83 signatures.
[16:36] That's less than 0.4%
[16:41] of the population.
So, I guess to me, what that
[16:46] demonstrates is there's not a need and I
know when they're talking about I've
[16:50] been in many, many of these liquor
these liquor licensing
[16:55] either for or against.
And I know the biggest thing is the need
[16:59] and that's why I'm here tonight because
I don't believe
[17:03] that there's a need for another liquor
store
[17:06] when we have one
within the prox close to me that that
[17:10] Coral Bay is.
Yeah, in my opinion, maybe biased, but
[17:13] it's truthful.
Yeah, I own the building where Coral Bay
[17:17] is. My sons own Coral Bay Liquor.
But again,
[17:22] I don't think that that even from the
sketch that he showed, it shows that
[17:26] it's not
his building is not prepared for a
[17:30] liquor store. Yeah, they can do it, but
it doesn't look to me like he has a lot
[17:35] of experience in the liquor business.
So again,
[17:40] I'm just trying to tell the truth and
I'm trying to save him some money
[17:43] because Coral Bay is very well
established, very clean established.
[17:48] Like I say, we've been collecting paying
property tax and collecting sales tax
[17:52] for the city of Evans for 22 years.
So, we have some we have some roots
[17:57] here.
And I I guess the basis of what I wanted
[18:01] to say is the need. I think you need to
look at the need. And I don't think that
[18:06] 83 signatures
point to the need of another liquor
[18:10] store.
So.
[18:15] » All right, thank you. Thank you very
much.
[18:18] Anyone else?
[18:21] All right, seeing none, I will close the
public hearing and entertain any comment
[18:26] from council and or a motion.
[18:30] All right, seeing no
uh comments, I would entertain a motion.
[18:35] What's that?
>> Fred.
[18:37] » I'm just having a login issue.
>> All right, go ahead, Council member
[18:40] Neil.
>> I just needed to login again.
[18:43] » Okay, no problem. Just go ahead.
>> Picking me out.
[18:46] No one mind. I'm fine.
>> Okay.
[18:49] All right.
>> Um members of the authority, this is Eva
[18:54] Garrettson with Liquor Licensing
Professionals.
[18:57] Um if you'd like, I can go through the
process and procedure with the petition
[19:01] in order to address any concerns. Um but
I am here if you have any questions. Or
[19:06] I can just give uh what our process and
procedure is uh that we conduct
[19:11] throughout the entire state of Colorado.
>> All right, I appreciate it, but we've
[19:15] already concluded the public hearings
and
[19:17] » Yes, sir.
>> So, we're we're going to go ahead and to
[19:20] to a vote here. So, thank you.
Appreciate it.
[19:24] Councilman Neil, did you have any
comment?
[19:27] » No.
>> All right, I would entertain a motion
[19:28] then.
[19:43] All right, I
I have a motion, but no seconds.
[19:47] So, being that we have no second, that
motion is
[19:51] considered dead.
And uh no further action taken. Or did
[19:57] you
I see that you voted.
[19:59] » Yeah.
>> Okay.
[20:02] No second?
All right, we don't have a second on
[20:05] this, so we cannot process the motion.
Therefore, that motion
[20:08] does not pass.
[20:12] All right.
[20:16] So, I guess that's a denial for the
since we have no no second.
[20:20] Oscar, city attorney.
>> Right.
[20:23] » It's denied.
>> Okay. That [clears throat] motion, guys.
[20:25] All right.
Thank you. Moving on to next item,
[20:28] consideration of a development agreement
with Mountain Cement Company. We'll hear
[20:32] from staff.
[20:39] » Hey. Thank you, Mayor Ed Bowles, city
attorney. If if I may
[20:43] brief the council from this position.
I'll also rely on the the
[20:47] director of engineering if if for any
details in regards the roadway. But
[20:52] essentially, we're calling this a
development agreement, but it's really a
[20:55] participation agreement for proportional
cost to improve County Road 33 from the
[21:01] Mountain Cement Company
property to County Road 46.
[21:07] Um it does not obligate the city to
perform this improvement only in the
[21:14] event that the city were to appropriate
and then budget money within a
[21:21] approximately a five-year period. It
does allow for an extension which is
[21:25] called in a tail period of six months to
keep the agreement going to allow for
[21:31] design
and the build-out subsequent build-out
[21:34] if if the city were to obtain funding
from an alternate source which we
[21:40] believe to be Mountain Tracks in the
future and then
[21:43] » [clears throat]
[21:45] » to fully fund the project. But at this
point again the recommendation is to
[21:50] Council to approve this. It is
their proportional share of that
[21:55] improvement of the paving of that road.
Thank you.
[21:58] » Thank you.
Any questions or comments of staff?
[22:02] » Yes and
can you
[22:05] remind me
what the length of this
[22:08] segment is?
>> It's approximately 6,900 ft.
[22:12] » Thank you.
[22:17] » Since my request to speak is not up and
I don't see anyone on the board so it
[22:20] seems that there's no other questions or
comments I'd entertain
[22:22] » We're having some little technical
difficulties here at the moment.
[22:26] » No no no problem. Anybody else any
questions or comments while we're
[22:28] waiting? No? All right. I'd entertain a
motion.
[22:37] » It's not giving me the option.
>> All right, we'll go ahead and do a vote
[22:40] by vote. Okay, I have a
All right, I've entertained a motion.
[22:43] » I move to approve the development
agreement between the city of Evans and
[22:46] Mountain Cement Company.
>> Second.
[22:49] » I have a motion and a second to approve
the development agreement between the
[22:51] city of Evans and Mountain Cement
Company. All those in favor signify by
[22:54] saying aye.
>> Aye.
[22:56] » All opposed nay.
Motion carries. All right, next item.
[23:00] Public hearing consideration of
ordinance number 869-26, accepting the
[23:04] public road right-of-way for MCC first
replat. We'll hear from uh us I'll open
[23:10] the public hearing. Hear from staff.
>> Great. Good evening, Mayor and Council.
[23:13] Micah Hallsey, planner with the City of
Evans.
[23:15] For your consideration this evening is
ordinance number 869-26 for acceptance
[23:19] of public right-of-way, uh which
supports the proposed Mountain Cement
[23:22] Company minor subdivision first replat
application. The second reading of this
[23:26] is scheduled for September 1st. This is
a public hearing.
[23:30] The property owner of the subject land
is Mountain Cement Company LLC as
[23:33] represented by the EPS Group in
attendance tonight. The subject
[23:36] right-of-way is depicted in the stamp
survey exhibits A and B attached this
[23:39] ordinance.
For background, the City of Evans
[23:43] Community Development Department is
processing the Mountain Cement Company
[23:46] first um
replat to their minor subdivision, which
[23:49] seeks to consolidate Lot A of RE3237
and Lot 1 of the MCC minor subdivision
[23:55] into a single lot. So, this is a lot
consolidation replat. Uh both lots are
[23:59] annexed into the City of Evans.
The proposal proposed resultant lot will
[24:03] contain the pending MCC transloading
terminal, which is under construction
[24:07] and permitted by separate site plan.
This replat and subject dedication of
[24:10] additional right-of-way is related to,
but is distinct and separate uh
[24:13] procedurally from this uh MCC facility.
In brief, the property owner requested
[24:18] dedicating additional strip of
right-of-way being 10 ft in width along
[24:21] the full frontage of the property lying
west of and adjacent to the existing
[24:25] 60-ft of right-of-way 447th Avenue, also
known as uh County Road 33. This area
[24:30] has been previously identified as future
right-of-way to be dedicated by this to
[24:34] the City of Evans per the Weld County
record exemption plat uh RE615-01-63
[24:40] as um recorded in 2015.
This 10-ft wide strip to be dedicated is
[24:45] approximately 0.32 acres. The overall
half right-of-way section being 30 ft
[24:49] lying west of the section line and that
additional 10 ft is a total width of 40
[24:54] ft um is approximately 1.29 acres, while
the existing half right-of-way of 30 ft
[25:00] is already public right-of-way, this
ordinance formally accepts that entire
[25:04] 40 ft strip as uh dedicated in fee to
the city of Evans.
[25:09] The re-plat application has been
initially approved and included this as
[25:12] a condition of approval uh for city
council accept the additional road wide
[25:16] right-of-way prior to recording the
plat.
[25:18] Uh, per section 18.03.100
of the Evans municipal code, city
[25:22] council is responsible for acceptance of
additional city right-of-way.
[25:26] The subject acceptance of right-of-way
supports this condition. The re-plat
[25:30] includes a statement of dedication for
the right-of-way um with information on
[25:33] the city council ordinance. So, just so
you know the mechanism, city council is
[25:37] accepting the right-of-way. You're
accepting it as part of the public road
[25:42] network. The plat is the vehicle where
that right-of-way is officially
[25:46] dedicated. And so, this ordinance would
be referenced on the plat. Um, there are
[25:51] no direct financial impacts related to
the city as a result of this
[25:54] right-of-way. It's not a necessary
roadway. This is just the land where a
[25:57] road could be built. And for
recommendation, staff has reviewed the
[26:00] applicable Evans municipal code
sections, found that the applicant's
[26:04] request is consistent with the staff
report with the 2015 recorded exemption
[26:08] plat.
And staff recommends
[26:11] approval of this ordinance on first
reading. Should this ordinance be
[26:14] approved on second reading, this is the
final condition of approval for this
[26:17] re-plat and the approved plat would move
to recordation. Um, applicant's present,
[26:22] happy to answer any questions. Thank
you.
[26:24] » Great. Thank you, Michael.
>> Appreciate it. All right. Uh, any
[26:26] questions of staff?
[26:32] All right. Seeing none. Um,
cuz this is a public hearing, I'll ask
[26:36] anybody in the audience that wishes to
speak for or against the site to please
[26:39] step up to the podium, state your name
and address for the record.
[26:45] Seeing none, I'll go ahead and close the
public hearing and entertain any council
[26:49] discussion and/or a motion.
Staff
[26:53] » [clears throat]
>> I'm glad to see this replat is clearing
[26:57] this up and consolidating this piece of
land.
[27:05] » Seeing no other
comments, I would entertain a motion.
[27:08] » I move to approve ordinance number
869-26
[27:12] as proposed on first reading.
>> Second.
[27:14] » I have a motion and a second to approve
ordinance number 869-26 as proposed on
[27:19] first reading. All those might signify
by saying I.
[27:21] » I.
>> All opposed, nay.
[27:24] Motion carries. All right, next item 8D,
consideration of resolution number
[27:27] 24-2026,
designation of four automated vehicle
[27:32] identification systems, AVIS, and we'll
hear from staff.
[27:45] » Good evening, council, mayor and
council. Uh Randy Darlin, chief of
[27:48] police.
The Evans Police Department is
[27:51] requesting City Council approve
resolution number 24-2026
[27:56] designating four roadways as automated
vehicle identification system traffic
[28:01] safety corridors.
This is pursuant to CRS 42-4110.5
[28:07] and the Evans Municipal Code 10-04-119.
The proposed corridors are 37th Street,
[28:14] 42nd Street, Prairieview Drive, 11th
Avenue, and 35th Avenue. The Police
[28:19] Department completed a separate traffic
safety assessment for each corridor
[28:23] using recent quantitative data,
including traffic volume and speed
[28:27] studies, crash history, enforcement
activity, hazardous driving incidents,
[28:31] and traffic-related complaints.
Based on these assessments, staff has
[28:35] determined that each proposed
designation is reasonably related to
[28:39] improving traffic safety. Approval of
the resolution establishes the
[28:43] geographic areas in which AVIS
technology can be deployed. It does not
[28:48] require automated enforcement throughout
the corridors or authorized enforcement
[28:53] until all applicable statutory and
municipal requirements for notice,
[28:57] warning period signage, equipment
placement, privacy data use, and program
[29:03] operations have been satisfied. Over the
last
[29:07] few months, we've been working through
this process.
[29:10] Uh last our last meeting, we passed the
ordinance for this process. These are
[29:16] the first four corridors that I will
bring you that will provide uh uh
[29:21] different roadways throughout the city
that provide the opportunity to utilize
[29:25] Avis technology. And that that
technology is both a uh
[29:29] a fixed location that will be out off of
37th and and Palermo Drive and the
[29:35] mobile uh unit that would be mobile
throughout the community within these
[29:40] specific corridors.
Um
[29:43] identifying corridors is a requirement
under the state statute for Avis
[29:46] technology.
Um this is step one. We'll have
[29:49] additional corridors. We'll bring them
to you in in pieces as you could see,
[29:54] the process for this was uh pretty
substantial. We did a quite a bit of
[29:59] data collection, quite a bit of uh radar
use to bring as much data and and
[30:04] quantitative information uh under the
state statute as we could to this
[30:08] process um and to try to be as
transparent and open to the public about
[30:12] what our, you know, traffic related
safety protocols are in the city. Um
[30:18] each one of the corridors uh was was
evaluated on the same, similar, or
[30:22] identical standards. We used a
methodology across all of the the
[30:26] locations. Um each one of those uh
documents was uh provided to you uh for
[30:32] this this hearing for this uh request
under the resolution and uh was provided
[30:39] uh each of the required uh data metrics
under the state statute.
[30:45] So, you can I'll be happy to answer any
questions you might have on those.
[30:48] » Okay. Thank you, Chief. Appreciate it.
Any questions or comments to the first
[30:51] half?
[30:54] Council Member Delaney.
>> I didn't do that.
[30:57] I don't know how my name is on there.
>> Okay.
[31:00] Thank you, Chief.
>> [laughter]
[31:05] » All right. Seeing no questions or
comments, I'd entertain a motion. Oh,
[31:08] Council Member Johnson.
>> Um
[31:12] one of the things I would like um if you
can also just um elaborate on the type
[31:18] of system it is cuz I know many are
concerned as I have concerns
[31:24] address concerns for other types of the
ALPRs, but this is not. So, if you can
[31:29] just distinguish the difference between
this system and the other system.
[31:34] » So, we have [clears throat] two systems
that'll be going into place within the
[31:37] city. One is a fixed location.
Um and one is a uh mobile trailer. Both
[31:43] use ALPR technology, but it is not used
in the same ALPR technology ALPR
[31:49] technology uh system that most concerned
uh some of the public is the Flock
[31:54] system, right? The technology is very
very similar.
[31:58] Um the difference is live notification
to law enforcement uh through um through
[32:03] the cameras, right? So, when with the
cameras we're putting into the public in
[32:07] this endeavor, Avis, right? They go into
uh into the streets. There is signage
[32:13] letting you know that the the the the
equipment is within 300 ft of the
[32:18] signage that's on the public way. We we
sign the roadways as well.
[32:22] And then if a vehicle is captured
speeding within an area, there is a
[32:26] license plate read.
And that license plate read is then
[32:30] eventually sent to the police department
for confirmation of the violation of
[32:35] speeding.
There isn't an immediate read of a
[32:37] license plate to tell us, "Hey, the
occupant in this vehicle or the
[32:41] registered owner of this vehicle has a
warrant for their arrest." There isn't
[32:45] data that's being provided to the police
department that the vehicle may be
[32:48] stolen or um there isn't an Amber Alert
or a Senior Alert associated with any of
[32:54] the plate reads.
This information is read specifically to
[32:59] the radar detection device and and
whether or not someone is speeding
[33:02] within that area, and then the data is
uh
[33:05] » [clears throat]
>> collected, correlated, and then anybody
[33:09] that was identified as traveling at 11
mph or more over the speed limit is then
[33:14] identified through uh license plate
technology. We then verify that license
[33:19] plate against the registered owner of
the vehicle, the make, the model of the
[33:22] vehicle, the color of the vehicle,
whether or not we got a clear read of
[33:26] that license plate, and then that is
brought to the police department for us
[33:30] to do a secondary check and determine
whether or not that is an actual
[33:34] speeding violation, at which time we
then identify that as a notice of
[33:38] violation and have the company send that
out to the public. So, there's no live
[33:42] read notifying the police department of
any individual operating that motor
[33:47] vehicle of any warrants, of any
um whether or not that's a licensed
[33:50] driver,
any of those factors. It's just simply
[33:54] looking at speed of the vehicles
traveling through the corridors
[33:58] uh and being um
monitored by our equipment that's in the
[34:02] field. So, very different than ALPR.
However, it's similar technology. It's
[34:07] still a license plate read from a
camera, right? And that's the similarity
[34:11] between the two.
Um and that data is stored, so if there
[34:15] were a later investigation that were
necessary, it would be a uh uh for a law
[34:20] enforcement purpose, there would be an
ability for us to go back and look at
[34:22] that data,
but it's not being done the way the
[34:25] Flock system is, where it's live
notification
[34:29] um
tracking of a vehicle or, you know, a
[34:32] notification to the police that the
vehicle stolen or any of those factors.
[34:35] If a vehicle went through one of these
cameras that was stolen, we would get no
[34:38] notification. If a vehicle went through
that was the registered owner had a
[34:42] warrant for their arrest, we would get
no notification. Those type of
[34:45] notifications are not part of this
system.
[34:48] » And I I appreciate that explanation. I
think in part the reason why
[34:53] this is happening is because our
community um
[34:57] has requested some type of measure to
help with safety, especially with a lot
[35:02] of vehicles speeding, um crashing into
properties, um putting the community in
[35:07] danger due to that. And so, this is one
of the things that we're going to
[35:11] attempt to try to mitigate
that for the community. So, thank you
[35:16] for that explanation.
[35:20] » All right, I'd entertain a motion.
[35:31] All right, I have a motion and a second
to approve adopt resolution number
[35:35] 24-2026
designating the four traffic safety
[35:39] corridors identified in the resolution
as automated vehicle identification
[35:43] system corridors pursuant to CRS 24-4
um
[35:48] 110.5 and sections 10.04.119
of the Evans Municipal Code.
[35:55] So, if you're votes.
[35:58] And that motion carries 7-0. Thank you,
Chief. Appreciate it.
[36:02] All right, next item consideration of
resolution number 25-2026
[36:05] proposed November 2026 ballot question
for amendment to food sales tax. You
[36:10] will hear from staff.
[36:49] » Well, the information that I was going
to put up is in your packet this
[36:52] evening. So, it's just about the
language that I was going to add um
[36:55] to it. So,
uh good evening Mayor Clark and members
[36:58] of council. Brian Stone, economic
development um director for the It's
[37:02] okay.
Um city of Evans. Um I'm here this
[37:06] evening for the consideration of a
resolution which would amend the
[37:09] permitted uses of the current city of
Evans food tax.
[37:13] Uh I I want to start off by saying this
is not a new tax. Um it does not
[37:17] increase the tax rate and it doesn't
does not change what is taxed um within
[37:22] the food um realm.
Most of you are aware of what the food
[37:26] tax does, um but it really generally
applies to food purchased for home
[37:31] consumption. So, that's your meat,
that's your fruits and vegetables,
[37:33] bread, cereals, uh frozen foods, dairy
products,
[37:37] and other um grocery items. It does not
include your hot um prepared meals,
[37:43] tobacco, um alcohol. Thank you. Um
or non-household food items. None of
[37:48] that would change within this ballot
amendment.
[37:51] Um
just to give you a little history of of
[37:54] where we're at and what we've done. Uh
back in 2002, um the Evans voters
[37:58] approved
a ballot language for the the use of
[38:02] food tax. And it was very specific of
what it was was used for. It's so parks
[38:06] and recreation, um trails and walkways,
um streets and roadways, as well as
[38:11] traffic control measures.
In the 2002 ordinance, so with the
[38:15] ordinance um following that, there was
language to include um um tax revenue
[38:21] for economic development incentives.
Somehow it didn't get in the ballot
[38:24] language, so it's not an authorized use
currently for that.
[38:28] Then in 2021, uh we went back to the
voters and asked them to amend this food
[38:34] tax um for the use of the construction,
design, operations of the Evans Police
[38:40] Station.
Those Those um will not change with this
[38:45] proposal. Those uses will still remain
in in place. What What we're trying to
[38:49] clean up and and add to that is really
the operations that supports those 2002
[38:54] improvements. Um so we have some
operational needs that can go into that,
[38:58] as well as including that '02 um
ordinance where we have performance
[39:02] space economic development incentives
that can be used from this food tax
[39:06] to increase commercial development. Um
Other places for the others to shop, as
[39:12] well as just provide other opportunities
for our our community.
[39:17] Again,
remaining with our our '02 and our '21,
[39:21] um they'll still still remain a priority
um as we move forward. So I did include
[39:27] um I want to make sure that everybody's
um okay with the language on it. We have
[39:31] met with um
Butler Snow, as well as um internal
[39:37] legal counsel has reviewed this and
helped us with the language, as well as
[39:41] the resolution. So I'll give you a quick
second to to take a peek. I apologize,
[39:45] it's it's not very big, but it was
included in your packet in your packet,
[39:48] as well.
Um
[39:51] But it is it is lengthy, but we really
want to provide the transparency of what
[39:55] this is, what it's going to provide, and
really what we're asking our Evans
[39:58] voters to to decide on. And really
understand um that I look at this as a
[40:03] community benefit of of adding these
uses for you guys to make decisions on.
[40:10] So if the voters say yes, um City
Council would [snorts] have the
[40:14] additional authority to utilize those
purposes listed within that ballot
[40:19] question.
That being said, everything still has to
[40:22] come to city council for approval. So,
appropriations and approval will remain
[40:26] the same. It'll just be an opportunity
for you guys to have a little bit more
[40:29] flexibility.
The existing voter approved uses in 2022
[40:33] and
20 2002 and 21 remain in place.
[40:39] The tax rate remains the same as the
well as the products that are being
[40:42] taxed. If the there is a a no votes in
November, then everything remains the
[40:47] same. The '02 and '21 remain in place as
is today.
[40:52] So, we're looking for direction tonight
to add this ballot question to the
[40:56] coordinated election with Weld County on
November 3rd.
[40:59] Um as I mentioned, we have had legal
assistance review this.
[41:03] Um and just to kind of reiterate, it's
it's no new taxes and it really provides
[41:07] you guys a city council flexibility to
look at other opportunities that we can
[41:13] bring in and incentivize and or use for
operations for some of those
[41:17] improvements that we've done uh in the
past. So, with that, staff would
[41:21] recommend uh approval of the resol-
resolution and I'd be happy to answer
[41:24] any questions you have.
>> Okay, thank you, Brian. Appreciate it.
[41:27] Any questions or comments of staff?
Actually, I do have a quick question.
[41:32] So,
this was originally proposed in 2002.
[41:36] » Yep.
>> It was supposed to be on the ballot,
[41:38] never got
on there as it was intended to be.
[41:41] Went out and got it in 2021, nobody
caught it then.
[41:45] So, the question is, as you said, they
vote no, where do we come up with any
[41:50] way that we can
work any economic incentives for any
[41:55] major
or future developments? Where does that
[41:59] come from?
>> Well,
[42:00] um well, we would have to use, you know,
for the non-food related items. So, we
[42:05] would have to look at other
opportunities that that go um we would
[42:09] have and
really how this all got brought up is as
[42:12] I'm working on an incentive policy for
the city of Evanston we can attract new
[42:17] commercial development within our
community. And this was identified as I
[42:20] as I dug down further and
stumbled upon a document I noticed that
[42:25] this was not an available use. So that's
why we're bringing it to you guys this
[42:28] evening to expand your opportunities to
create that flexibility to utilize these
[42:34] funds for one operations but more
importantly incentives that we can bring
[42:38] additional commercial development to
Evanston.
[42:41] » Mr. Mayor, I'd also throw out there if I
may
[42:44] that there's there
there are other tools for economic
[42:48] development but they're a bit more
cumbersome. So there's TIFs, tax tax
[42:52] increment financing that requires a URA.
Brian and I have looked at that as to
[42:56] what what that means for other areas of
the community as we as we work on the
[43:00] build out of of additional commercial
economic development opportunities. And
[43:04] then there are other opportunities like
um
[43:07] um
PIDs
[43:11] » Public improvement districts.
>> Public improvement districts. Thank you
[43:13] very much. Public improvement districts
but again those things have to be
[43:18] the city council has to be petitioned
for those and so the they are a little
[43:23] bit more cumbersome.
Um but but those are just an example of
[43:26] a couple different alternatives that uh
that exist out there but
[43:32] they do come with some nuances.
>> Absolutely. No, I I mean I I agree with
[43:37] with with that completely. I mean I just
wanted to put it out there because what
[43:41] I wanted to reiterate is you know, in
order for us to continue to grow and
[43:44] progress forward we need these
additional tools in in in order to help
[43:49] us draw more businesses in and be more
competitive with our you know,
[43:53] neighboring communities. I mean for a
city like us to continue to grow just
[43:56] like all other communities out there
they use economic incentives and all
[44:01] these incentives for these large
businesses to come into their
[44:03] communities. So I I to you know, throw
that out there because I know a lot of
[44:07] people like to see a lot more retail in
here, larger developments and everything
[44:11] like that. This is one of those tools
that we would be able to utilize to lure
[44:15] them into our community and, you know,
and and help them, you know, be a part,
[44:19] you know, part of our community. So, I
think this is a really good idea. I
[44:23] think this makes us really competitive,
you know, with other communities to draw
[44:27] in more businesses and everything. And,
you know, that that money can go a long
[44:30] way to hire more police officers, put
more staffing out in the street, you
[44:34] know, for code enforcement, you know,
you know,
[44:38] everything that we we could utilize, you
know, infrastructure [clears throat]
[44:41] improvements, etc. So, I really
appreciate it. Thank you.
[44:45] » And one of the things that, you know,
pursuant to Brian's present Brian's
[44:48] presentation tonight is
this is an existing tax. This is not a
[44:53] tax increase. And this is the only tool
we have that is not a tax increase
[45:00] uh from where we're currently at. So,
that is, I think, the
[45:03] one of the real one of the real valuable
pieces of this is our tax rate is not
[45:07] increasing
with the expansion of this
[45:11] of this opportunity.
>> No, absolutely. And if we're going to be
[45:14] a community that's going to be reliantly
heavy on sales tax and have a very, you
[45:20] know, small mill levy, this is a big,
you know, advantage for us to use this
[45:25] and a tool to go forward. So, thank you.
Appreciate it.
[45:28] What's number uh
Councilmember Johnson.
[45:31] » Um I am for this proposed ballot
question. I have a question, though. Um
[45:37] granted
Now, if
[45:39] if it passes tonight, do we have um a
marketing plan, like PR or what are we
[45:46] doing? Is there a plan in place, I
should say, to ensure that this
[45:52] passes?
[45:56] » After tonight, staff's hands will be
tied just a little bit. Um I have
[45:59] created a fact sheet if it does pass
that I will distribute to Cody for um
[46:03] distribution so that way everybody at
the front desk, customer service,
[46:07] everybody throughout our side that we
can we can get the factual information
[46:10] that's as much as we can provide.
Um if that it's if
[46:15] from that point on it's going to have to
be um residents and and other people
[46:20] that are are are showing the support for
this um ballot issue. We will provide
[46:24] the facts and that's what we can do. I
apologize that we didn't get this in
[46:27] front. This all kind of stumbled across
as I was I was hoping tonight I would be
[46:32] presenting incentive policies um but I
think this is an important step to make
[46:36] sure our incentive policies align with
what your guys' goals are as well as the
[46:41] city's for growth and how we can move
forward.
[46:43] » I agree. I I agree this is extremely
important for our community especially
[46:47] as, you know, we methodically bring in
new businesses.
[46:50] Um have we What what's the deadline for
like the city to speak on this? Um and
[46:55] the reason why I say this because
currently we have in our audience
[46:59] our um the executive director for the
chamber so if we can recruit, you know,
[47:02] um partners and stakeholders to help us
and I'm glad you're here today
[47:07] um so they can assist with this
endeavor.
[47:11] » Can you speak to that Ed of of when we I
know we have to have the the ballot
[47:16] question to the county by the first part
of September um but can you kind of
[47:20] guide us on on that process?
>> Cuz there's typically like a deadline
[47:23] when it's like the city can't speak on
it. Um
[47:27] in the past that has happened so I'm
just curious to when that is.
[47:30] » I don't have I don't have the the exact
timeline in front of us. We do know that
[47:33] the
the window is very tight.
[47:37] » It felt like September.
>> Yeah.
[47:38] » So we're good right now?
>> Once it's pretty much
[47:40] » It needed It needed to
go on and be approved tonight in order
[47:44] to make sure that we hit the ballot
because of the fact that we're
[47:49] uh the IGA that we have with the with
Weld County. So
[47:52] um
>> The ballot needs to be certified with
[47:55] the county by September 4th. And then we
still need time before that to actually
[48:00] do the Spanish interpretation and get
that certification before we certify the
[48:05] ballot. So, um tonight was basically the
last night.
[48:08] » Okay.
So, speak Just kidding. No, thank you.
[48:11] Thank you, Brian. I appreciate you.
Thank you.
[48:13] » Councilmember Neil.
>> Along the line,
[48:17] are we planning on mailing out
the fact sheet
[48:23] before they
it hits the ballot?
[48:27] » I I think we can look at avenues
following tonight's approval and your
[48:30] guys' consideration for this. Once we
have that, then we can look at avenues
[48:34] of of promoting it to um
the factual information that we can
[48:38] provide.
>> Well, it definitely needs to be promoted
[48:41] and we got a short period of time to try
to
[48:45] convince the voters that this is needed
to be changed.
[48:49] Originally, back in 2002, when this was
passed
[48:54] or promoted,
um the mantra from the city council
[48:59] and the mayors back then was always
that development will pay for itself.
[49:05] And that
climate has changed over the years to
[49:10] where you have to promote
your city
[49:15] and its amenities to attract businesses.
And
[49:19] I'm not entirely in favor of that
aspect myself, but
[49:26] I I realize that this is what what
people are doing in other communities.
[49:32] So,
I am in favor of of
[49:35] uh
trying to get this changed over.
[49:38] Um it's my understanding that
by ordinance,
[49:43] they
uh
[49:46] uh previous city councils had
kind of
[49:49] added this to that without and that's
why we are now
[49:54] because it was never put on the ballot,
that's why we're putting it on the
[49:58] ballot, but I'm very concerned about the
timeline, the narrow timeline to get
[50:02] this done.
[50:04] And get the information out to the
voters.
[50:06] » Yeah, like I said, I have the fact sheet
already done, so we can start working.
[50:10] Um I apologize, it just it snuck up on
us, and and we think this is the best
[50:13] opportunity to move forward and and the
best time to do it.
[50:16] It really is, and with and you know,
kind of going back to the the incentive,
[50:20] if it really is performance-based. So,
none of that is additional cost to the
[50:24] city. Um it'll be
a a shareback agreement more so than
[50:28] than us paying.
>> It's just really unfortunate that we've
[50:33] we've discovered another thing that's
uh
[50:37] should have been done 20 years ago
and have to correct try to correct it
[50:42] and
and submit it to the voters in a short
[50:45] period of time.
[50:49] » It is.
>> Thank you.
[50:50] » Thank you, Councilmember Neil.
All right, any Not seeing any other
[50:53] additional questions or comments for
staff, I would entertain a motion.
[51:04] All right, I have a motion and a second
to approve resolution number
[51:08] 2025
or 2025-2026
[51:13] referring to the proposed food sales tax
ballot question to eligible electors of
[51:18] the city of Evanston at the November
3rd, 2026 coordinated election subject
[51:22] to final legal review and any necessary
non-substantiated
[51:26] revisions.
[51:30] And that motion carries.
All right, next report, city manager.
[51:34] Thanks, Brian.
[51:37] » Yes, Mayor and Council, just a couple
things for you here tonight. In your
[51:40] packet, uh I have included a pretty
lengthy
[51:45] uh city manager's update on various uh
capital projects that we have. I just
[51:49] want to go over a couple of those with
city council tonight. Uh, first off,
[51:52] concerning the police station
construction, the city has taken
[51:55] possession of the new Evans Police
Department building. Uh, they began
[51:58] moving in on August 10th. Got in pretty
quick. Uh, we're in our second week of
[52:02] operations of of full police operations
out of the new facility. Uh, with
[52:07] construction of the new facility sub uh,
substantially completed, the project has
[52:10] transitioned uh, to renovation of the
former space here at city hall. Uh, that
[52:15] will be the expansion of the
administrative offices uh, with that
[52:18] completion scheduled for December of
2026.
[52:23] Uh, jumping down to uh, County Road 394
culvert repair. Uh, that project has
[52:29] been awarded to Coyote Ridge
Construction in the amount of
[52:33] $108,852.35.
[52:36] Uh, construction is anticipated to begin
on or about August 24th. Uh, and is
[52:41] expected to take 2 weeks to complete
weather permitting. So, uh, should have
[52:46] that uh, that road opened up here in the
in the near future.
[52:51] 49th Street engineering studies. Uh,
that project has been awarded to JR
[52:56] Engineering in the amount of $109,420.
Uh, with work expected to begin after
[53:03] August 24th. So, uh, $109,420.
I know at first we were we were really
[53:09] unsure what that was going to cost and
then it was pulled down under 200 uh,
[53:13] 200,000. So, $109,490
is uh, substantial decrease from where
[53:18] where we initially expected these
pre-design studies to come in at.
[53:24] Ridge Pond pump station. The engineering
team is currently working on the
[53:29] internal review for all aspects of the
project uh, to make sure that we have
[53:33] have it properly scoped. Uh, after which
time we get a RFP issued by on Bidnet
[53:39] uh, by the end of August uh, 2026. So,
that's coming up here
[53:45] just in a couple of weeks. I hope to
have that out on Bidnet [snorts] for
[53:49] consultant selection.
Updates on a couple of upcoming
[53:53] community events.
We have Heritage Days scheduled for
[53:57] Saturday, September 19th, 2026.
And then we have the fall 2026 community
[54:03] cleanup event
scheduled for Saturday, October 3rd,
[54:06] 2026.
That'll take place from 8:00 a.m. to
[54:09] 4:00 p.m. at the First Avenue site. And
Mr. Mayor, that's all I have tonight.
[54:17] » Great, thank you, Cody. Appreciate it.
All right, city attorney.
[54:21] » Just briefly, Mayor. Um
I continue to work with the city manager
[54:26] to
one by one address
[54:28] issues that have come up and we are very
successful, I believe,
[54:32] thus far.
Come October, just to put it
[54:37] let you hear that in municipal court
they're going to be adding an afternoon
[54:40] session for criminal matters and they'll
be writing traffic tickets in the
[54:44] morning.
>> Thank you. Thank you. Appreciate it.
[54:48] All right, moving on.
[54:53] Let's see.
Council discussion.
[54:57] All right, so
I just want to let you know be on the
[55:00] lookout for council in the next couple
weeks. I'm going to be working with
[55:04] Julie Tempwich in HR to get the
annual uh
[55:10] city manager evaluation out to you. And
then later on after that will I know,
[55:15] you know, our city attorney's only been
with us a short period of time, but
[55:18] we'll just give him a preliminary
preliminary evaluation, you know, maybe
[55:22] about a week or two after that. So, be
on the lookout for those coming through
[55:26] to you on your email. Other than that,
that's all I have.
[55:30] Council member Johnson.
>> Um, I just wanted to speak on the
[55:33] manager's report. I know we're in the
midst of the 37th Street light um
[55:38] project. I just wanted to
um
[55:42] this is
touching on that subject but not just
[55:45] the street light component. I know we
had discussed previously and this is
[55:48] some time ago there was an analysis made
for um 29th and there um
[55:53] although we couldn't place like a speed
bump or a stop sign, we considered a
[56:00] street light there because it is really
dark on Anchor and 29th.
[56:04] And so I just wanted to see if there's a
possibility to add that to that specific
[56:10] project just because I know it does take
a year for us to order street lights.
[56:16] And I don't know if we can just add it
to that.
[56:20] Granted this is something I'm bringing
up from previous um council discussions
[56:24] that we had.
Just bringing it back to the forefront.
[56:28] » Yeah, I appreciate you bringing that
back up. I'll I'll coordinate with
[56:31] engineering and then I'll get
information out to the council on that.
[56:35] » Perfect. Thank you.
>> All right, Councilman O'Neal.
[56:40] » Well, first uh Cody and Ed are
are we
[56:47] having any luck looking at uh re-
being reimbursed uh
[56:52] for the the culvert repair?
[56:59] » So the culvert repair is is a
interesting situation. Um
[57:03] I actually went out with the director of
engineering to to look at it.
[57:07] And that made every bit of difference in
the world. Uh essentially what you have
[57:12] is a situation where the culvert failed.
Uh you have an individual that uh
[57:17] essentially did dig into that. However,
um by law
[57:23] the city is responsible for uh the
maintenance of that culvert and the
[57:28] subsequent replacement once it fails.
Maintenance there is case law on it. So,
[57:33] in this instance, uh there will not be
any ability to recover any um
[57:39] repair cost. Um
so much time has passed to even
[57:44] determine what the amount of damage
would have been done to the roadway
[57:50] um to accurately go after it.
Plus the fact that uh it was already it
[57:55] had already failed.
So, it it's a unfortunate situation that
[58:01] should have been
addressed
[58:04] a long time ago.
>> And I thought that uh
[58:09] the the was
um
[58:12] technically the property of uh
Dixie
[58:17] um
water company or something.
[58:20] » So, Dixie it was responsible for putting
it in. The the the provider/owner is
[58:26] responsible for for it and when it goes
in, but once it goes under that roadway,
[58:30] it becomes the responsibility whoever
owns that roadway. In this case, it's
[58:34] the city and it's maintenance that is
required and and maintenance includes
[58:39] end-of-life replacement.
>> All right, thank you for that.
[58:44] Um the other thing I need to bring up is
uh we
[58:49] uh received a
a substantial amount of information
[58:52] about the
uh
[58:55] someone wanting the client's zone in the
railroad
[58:59] again and
um
[59:02] just wanted to reiterate that
there were four members here on this
[59:06] council that were
uh engaged in that discussion about 5
[59:12] years ago
and
[59:15] um at that time it was just
uh pretty cost prohibitive
[59:21] um at
uh
[59:25] 1 to 2 million dollars per intersection.
And
[59:29] the
most effective thing that we could do
[59:33] would be to close 39th Street off
completely. I note that CDOT has already
[59:39] recognized
um
[59:42] a problem area there and
uh done something to mitigate it by
[59:47] uh closing off access to
going and turn making turns southbound
[59:54] on Highway 85 at that intersection.
Um
[59:59] I don't know whether the council would
want to pursue maybe doing a quiet zone
[1:00:04] there. I know the railroads are very
acceptable to closing off
[1:00:10] uh
little used intersections
[1:00:14] or crossings,
uh but it's still
[1:00:18] would probably cost us a quarter of a
million dollars to do that.
[1:00:23] Uh so I don't know whether there's any
interest in that or
[1:00:26] or checking into seeing what that would
do what the cost would be to do that at
[1:00:31] this time, but uh
since it's been brought up by a resident
[1:00:36] on the east side again
uh I thought I'd bring it up and
[1:00:42] » I am not in favor of that. It's
cost-prohibitive, one. Two, the
[1:00:46] railroads do not have to abide by any
quiet zone regardless of a municipality
[1:00:51] enforces one or not. They're
federal railroads trump any state
[1:00:57] and municipal
um
[1:01:00] um noise ordinance. Um if they feel that
they need to go through and blow their
[1:01:06] horn, they they absolutely have the
right to do it. The railroads already
[1:01:09] made some progress in trying to mitigate
train traffic stopping in larger
[1:01:15] communities such as Evans and Eaton and
LaSalle and not have their trains parked
[1:01:21] in you know, in those intersections for
a long period of times by already
[1:01:25] closing some of the county roads,
especially up uh
[1:01:29] past uh
um Alton Pierce to reduce that, but they
[1:01:33] still can do that if they need to
because of their work and rest cycles. I
[1:01:38] don't think it's
we don't have the budget for it. The
[1:01:41] railroads don't have to abide by it.
And and and it's it's cost prohibitive.
[1:01:46] I mean, my my thing is too
you you live in a community that's near
[1:01:50] a railroad, you own a house that you
purchased
[1:01:54] that's by a railroad.
And that's the unfortunate consequence
[1:01:58] of living near a railroad. You you will
have train traffic going through and
[1:02:02] they will blow their horn.
>> Well, I'm
[1:02:05] » [clears throat]
>> I'm not looking at it so much as a
[1:02:07] uh
noise issue, it's a safety issue because
[1:02:10] there's no
lights there or a signal there at that
[1:02:15] intersection. And it's
uh
[1:02:18] very little used.
Um because now now you can only go north
[1:02:23] on um Highway 85.
But
[1:02:27] uh
it it's still a safety concern
[1:02:30] um
to me because there are there are no
[1:02:35] no uh signals there or or gates
to indicate that uh a train's coming
[1:02:41] through there.
Uh
[1:02:43] » From what I recall,
um there weren't any um
[1:02:49] significant accidents or injuries to
pedestrians or anything.
[1:02:54] So, for me
we have other issues we need to worry
[1:02:58] about and I would rather put our money
towards
[1:03:01] you know, the bigger issues that need to
be addressed, especially on the east
[1:03:04] side, than shut down a street that might
that some residents might get upset
[1:03:10] about. So,
for me, I can't get behind that, uh
[1:03:15] shutting down a street.
>> One one resident, but it's not multiple,
[1:03:20] so.
>> Well, I'm just saying.
[1:03:23] You know, from what I understand, there
were no big wrecks to bring it
[1:03:27] you know, make it worry.
>> I think the police chief or the fire
[1:03:31] chief said there were were
one pedestrian and one car
[1:03:36] over 26 years that he can remember, but
so
[1:03:40] » Anybody Anyone else?
>> No.
[1:03:45] » All right.
Well, it doesn't seem like there's any
[1:03:47] interest from the council line.
>> Well, thanks for Thanks for bringing it
[1:03:49] up though, Council member Niel. I
appreciate it though.
[1:03:52] » I'm just following it up with
what the resident said, so.
[1:03:56] » Absolutely. I appreciate that.
Absolutely, 100%.
[1:04:00] » So.
>> All right, I'm not seeing anybody any
[1:04:03] other things for council discussion, so
with that being said, I'm going to go
[1:04:06] ahead and adjourn the meeting. Thank
you, everybody.