City Council - Regular Meeting

Chris, you ready? Yours. Make sure I don't get my stats. Joel, are you ready? All right. Good evening, everybody. Welcome to the regularly scheduled Evan City Council meeting for Tuesday, April 21st, 2026. Excuse me. 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 of allegiance. I alian 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. May I have roll call, please? Mayor clerk here. Mayor Prom Pleka here.

Council member Johnson present. Council member Neil. Council member Crabtree here. Council member Delaney here. Council member Far.

All right. Next item on our agenda is the proclamation for Arbor Day 2026. And we go and read that proclamation. Whereas in 1872, J. Sterling Wharton uh passed proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees. And whereas this holiday called Arbor Day was first observed with the planting of more than a million trees in Nebraska. And whereas Arbor Day is now observed throughout the nation and the world. And whereas trees can be a solution to combating climate change by reducing the erosion of our precious top soil by wind water, cutting heating and cooling cost, moderating the temperature, cleaning the air, producing lifegiving oxygen, and providing habitat for wildlife. And whereas trees can be a solution to um combating climate change by reducing Well, that's actually on there twice. All right. Whereas trees in our city increase property values, enhance the economic vitality of businesses, business areas, and beautify our community. And whereas trees wherever they are planted are a source of joy and spiritual renewal. Now, therefore, I Mark Clark, the mayor of the city of Evans, Colorado, do hereby proclaim Friday, April 24, 2026, as Arbor Day in the city of Evans. And I urge all citizens to celebrate Arbor Day and support the efforts to protect our trees and woodlands. And further, I urge all citizens to plant trees and gladden the heart and promote the well-being of this and future generations. In witness where here too, I have set my hand and cause the effect official seal of the city of Evans this 21st day of April, 2026. And is there anybody here to receive this proclamation? Come on up.

All right. All right. Next item on the agenda is audience participation. Is there anybody in the audience that wishes to address city council on any item that is not on the agenda andor of a public hearing? If so, please step forward to the podium. State your name and address for the record.

Yes. Uh my name is Pamela Summer and I live at 50005 Conway Lane. Um, I am a resident of Neville's Crossing and thank you for the opportunity to speak tonight. I'm here to speak about the condition of 49th Street and to respectfully ask that it be considered a priority as you evaluate the upcoming road repair projects. 49th Street has experienced significant deterioration over time, including uneven pavement, surface damage, and ongoing wear that continues to worsen. And it's no longer just an inconvenience. It's becoming a safety concern. As a resident of Neville's Crossing, this is a road that I and my neighbors rely on daily. It serves not only our neighborhood, but also surrounding areas, making it a heavily traveled roadway. As you may know, many residents share the same concern, and it's something that continues to come up in conversation throughout the community. The current condition impacts everyday driving, increases the risk of vehicle damage, and becomes even more concerning during weather events. Over the years, 49th Street has been closed multiple times due to drainage issues. These closures don't just inconvenience residents. They force detours, add significant time to daily commutes, and when the road is closed, it cuts off a primary route residents depend on. That's why addressing this now is so important. I understand that Neville's Crossing is currently the only fully built out neighborhood within the city limits in this area. Because of this, 49th Street serves as a critical corridor for residents who rely on it daily. While I recognize the unique situation, it is unfortunate. But as taxpaying residents of the city of Evans, we still need to be heard and I respectfully ask that this be reflected in the prioritization of 49th Street. Thank you for your time.

Is there anybody else in the audience that wishes us to address city council on any item not on the agenda and or of a public hearing? All right. Seeing none. All right. Next item on our agenda is approval of the agenda. Madam clerk, any changes to the agenda? No, mayor. I would entertain a motion to approve the agenda.

All right. I have a motion as a second to approve the agenda. Cast votes. Wait for that.

It's loading on my end is on your end. Shows. Okay, everybody. Did everybody vote? I

All right. All right. That motion passes unanimously then. All right. We'll move on to consent agenda. Any uh body want to discuss anything on the consent agenda? If not, I will entertain a motion. All right. There it goes. There it goes. All right. Entertain a motion for the consent agenda. It's frozen. All right. I just go ahead and do a Oh, you got it.

All right. I have a motion, second to approve the consent agenda. And that motion carries 6 nothing. All right. Next item on our agenda. Um, new business item number 8A, uh, public hearing, consideration of resolution number 04-2026 concerning an animal variance application for three, uh, 3318 SER Wayne, and I will call the public meeting to order, and we'll hear from staff.

All right. Good evening, council. Megan Paisley, deputy city clerk. I am bringing before you tonight the consideration of resolution number 4-2026 considering an animal variance application for 3318 Startup Lane. The Evans city clerk's office received this application for variance from Evans Municipal Code Chapter 6.4.300K on March 11th, 2026 from Sarah Vit, Kayla Jackson, Christopher Gibson, and Brooklyn Stole. All four applicants are located at the 3318 Serb Lane address. And our current EMC code outlines that it is unlawful for any one household in Evans to keep, maintain, harbor, or possess a combined total of more than four pet or foul animals within the city. A total of 12 animals are currently being kept at this address. Two dogs, six cats, three foul animals, and one snake. The applicants are seeking this variance in order to keep possession of these animals. Per our code, city council has the authority to grant the requested variance, grant a variance with a lesser number of animals than in the request, or deny the variance altogether. City council shall base its decision on the following criteria. One, the variance is in harmony with the intent and purposes of Evans Municipal Code, Chapter 6, and with other relevant city ordinances. Two, the variance will not result in damage to adjoining properties nor an unreasonable amount of noise or smell and will not otherwise be material materially detrimental to public welfare. And finally, the variance is appropriate given the size, shape, topography, and/or location of the property upon which the animals are to be kept. The city council can impose conditions, safeguards, and limitations as it deems appropriate for the protection of persons and property upon the granting of any such variance. In the event that a violation of those conditions, safeguards or limitations um may be violated or to the extent that

which the variance may constitute a nuisance. Pursuant to notice and hearing, the city council may revoke that variance granted. Approval of the animal variance petitions must be done so by resolution. As explained further in the attached memo from Scott Crob, the interim city attorney, three draft resolutions are being provided to council. one granting the variance, one granting the variance with conditions, and one denying the variance. For the record, the following findings have been determined in compliance with Evans Municipal Code Chapter 6. The applicant submitted the animal variance petition to the city clerk's office on March 11th, 2026 and paid the associated submission fees. The applicant submitted a letter explaining why the variance should be granted along with five additional letters of support to the city clerk's office on March 11th, 2026. The notice of public hearing on this matter was posted on the property on April 10th, 2026 and published in the Gley Tribune on April 3rd, 2026. Therefore, a notice has been successfully published at least 10 days prior to the hearing date. The public hearing is being held tonight, Tuesday, April 21st, 2026, here at the Evans Community Complex. At this hearing, the applicants will have an opportunity to be heard regarding matters related to this application. In conclusion, staff finds that the applicants have submitted all the necessary information for an animal variance application. Staff makes no recommendation as to whether the variant should be granted as that is a determination to be made by city council at the public hearing. A memo has been attached and prepared by the interim city attorney, Scott Crab, um to help guide council through this hearing and decision-making pro process.

Yes, sir. just She's identified by this procedure. As far decided And then if you okay that's better. Uh and then if you decide that you're going to deny the application then you need to specify which of the criteria they have not satisfied and why you concluded that they did not satisfy that particular criteria. Um, and then once you've reached your decision, you can make your motion uh pass the resolution and then we'll we'll um edit the resolution to reflect your findings. And if you have any questions about it, I'd be glad to answer those.

Great. Thank you, Scott. I appreciate that. All right. As the applicant here, um, if you if so, if you would like to come up uh and speak, uh, you're more than welcome to. So, please come on up and state your names and address for the record. Or if one of you going to speak, just state your name and address for the record. Hi, my name is Sarah Bit and I um live in 3318 Strip Lane in Evans, Colorado 800620. Um good evening and thank you for your time. We are requesting an an a temporary animal variance as we plan to relocate between May and August 2027. Um at the times of inspection um there were areas that we need to improve particularly with consistency in cleaning and water access. We took these concerns seriously and made immediate um corrections. Since then we have removed the uh chickens and coupe implemented a structural structured daily um cleaning and care schedule corrected the kennel size issue and ensured all have consistent access to fresh water. Um, we have also scheduled

little bit louder. Bring that just a little bit closer. Thank you.

Of course. Since then, we have removed um the chickens and coupe and implemented a structural a structured daily cleaning and care schedule. um corrected the kennel size issue and ensured all animals have consistent access to fresh water. We also have scheduled and updated vet um care and vaccinations. Um this is a shared college household. Um and each animal has is individually owned and cared by separate residents. um responsibilities are clearly divided and we structure our system um that ensures consistent care for all animals. The animals are healthy um primarily indoor and we had not had any complaints from neighbors regarding noise order odor or nuisance. Um, we also included a few letters of support and we are not asking to add any animals only to temporarily maintain the ones that we do currently have. Uh, we are fully willing to comply with any reasonable conditions and thank you for so much for your consideration.

Thank you. Do you want us to state our name for the record or? Yes, just state your name. You don't need an address because you all live the same address and that's fine. Okay. Kayla Jackson. Uh, Brooklyn Stoell, Chris Gibson. All right. Does anybody have any questions for staff andor the applicants? If so, please use your request to speak button, please. All right. Council member Johnson. Um, you had mentioned that it's a shared residence, but but it's separate. I mean, it's shared household but separate residences.

Oh, yeah. So, it's uh one house and we basically all share the mortgage and then we each individually own our animals. So, we were unsure kind of the rules of that until we uh until we had the police called. So, do you So, just a a clarifi clarifying for me um because is it okay to state that you All students or not all the three of us? The three of them are and then I work. Um, do you have separate leases? Yes, we do.

Okay. Okay. Um, thank you. That's what I needed. Thank you, Council Member Delaney.

Uh, yeah. Uh, Chief Darwin, um, I don't know if you'll know the answer to this. Um uh it says in the in the police report that uh this was came because of a uh pres-scheduled animal welfare inspection. Can you give me a background as to why there was a welfare inspection planned on for them? We had a uh a complaint uh from a former resident of the property uh specifically about the welfare of the animals. Okay. Um so then I guess I would ask the applicant when you filed your thing you said that nobody was complaining. Well that was a complaint. So, do you want to address that?

Uh, we weren't aware that they had called the police on us when we filed it. We've got the police report after. Understood. Thank you.

Oh, okay. May prot. Okay. Um, thank you. That was one of my questions for the police chief. Um, but Chris asked it. I My question is for U. Scott. Uh, This is one of the things I wanted to know with our animal um uh parameters. They're only people are only allowed to have four dogs or cats or four birds or like four and four. That's that's where I get a little turned around. It's a cumulative total. So you could have one cat, one dog, and two birds. As long as it adds up to four total, then you're within compliance and you don't need a variance. But otherwise, you do need a variance.

Okay. Thank you. And then um for the applicants, I did read in there um about some of them possibly needing their shots or did they all get their shots? Have they all been vaccinated? All the animals. I just wanted to double check that they're all vaccinated. Um the two dogs um their rabies will be um renewed in May. Okay. Thank you for that clarification. Thank you. I'm done.

Yep. Council member Johnson. So my question is because they have it's one dwelling but they have separate leases. Would that change how we look at the animal um ordinance? Well, it's still one household. They live in in in a house, but they have separate leases, right? How would we look at would we look at that the same as being in one household um regardless of being um having their own lease? Yes. It it's it's not the it's not the legal document that entitles you to be there. It's the physical structure. Okay.

So, if it's all one house, one household, then what you're looking at is, you know, whether the animals are appropriate for that household, you look at the third criteria, in fact, and it even talks about looking at the size and the the dimensions of where they're staying. So, it's this for purposes of this hearing, it is a single household. Thank you. I just wanted to make that distinction because I wasn't sure. Right. I appreciate you. All right. Council member Delaney back here. Yeah. Sorry. Uh Scott, um can you remind me this is coming from chapter six. That's correct. Um the munic of municipal code. Yes. Uh what is the title of chapter six?

I think it's just animals. Um 6.04.30 animal care unlawful activities. What what's the full full title six? Well, that that's the title of of 6.04.30 is animal care unlawful activities designated. The title of the chapter we can look up and I can get that for you, but I think it is just animals. Okay. Yeah, the clerk looked at it and said it's just animals. Okay. Um, I guess that's all I have.

All right. Uh, since I am not seeing any other questions on there from council, I'm going to uh ask anybody in the audience that wishes to speak for or against this uh item. If any, please come up to the podium, state your name and address for the record since this is a public hearing. Seeing none, I'm going to close the public hearing and I will entertain uh council discussion on this. Um, my opinion, while I appreciate you coming up here and applying for the variance, my position on this is we had a similar variation request that has come before council in the past. And based on that and how we handle that, I think we need to stick with consistency and everything with our with our ordinance, especially um since we have another matter that's pending with that. Um, I am willing to do the same thing I did with the other one. give them 120 days and have them get in compliance with the ordinance. That's where I stand on it. Like I said, and this is something this is something that council wants to address. This is not the form to do it. However, maybe during council discussion if someone wants to say, "Hey, let's relook at that animal variance and change it a later date, we can certainly do that in the future." But based on the past variance that we had, the past application that we have, the stance that we took with that, I'm I'm with keeping with consistency on that.

So passing it with conditions kind of like we did 120 days have to get. So I like I said, I don't it's not that I don't sympathize with them. However, it's just for me it's consistency based on how we've handled this in the past. We're only looking at the the cat dogs. Everything else is exact. Yeah, I would agree. So, we would mention that to them that the only thing we're looking at is a cat and dog component of

analyzing. I agree because that's that's a heavy load and giving that that timeline to find adequate housing would be appropriate. But keeping consistency is important, especially through the system. Can I Oh, yes. I'm sorry. I didn't see your name. Yeah. Council member Delaney.

I would uh I would be fine with the 120 days as well. Um I don't believe that granting a full variance would be in keeping with the um the spirit of the the um ordinance as it is in our code. our our code. Um I would however based on the fact that this started with animal welfare, I think that there needs to be stipulations that we will do random um animal welfare checks during that 120day period as well.

Sure. I don't know. I actually I'll yield the floor. Anybody else want to speed up before I I'll go ahead and while I I agree with that since I already closed public hear can answer the question. Okay. It sounds like it was a former land property owner that had that and it it doesn't sound like any action was taken at least not that the response that the chief gave to your question about any complaint being I mean something was filed. It came obviously in check. Doesn't seem like any citation was issued that we were aware of. I I I don't know if I'm willing to help allow that. So

second. Yeah. That's my opinion on that. So, I don't think I'd be in favor of that. That's just me. Anybody else want to speak or have a comment on it? If not, I would entertain a motion. Council member Neil, did you have anything you wanted to add? Just hit your Well, just that it's unique real quick, please.

It's just unfortunate that uh this situation exists and we have to act on it. Um but I reluctantly have to agree that we need to maintain consistency on it and uh that's all we can do with it. Yeah, I agree with that. Um I think it'd be important for hopefully, you know, maybe bring this up during council discussion. Granted, right now it's a public hearing and we are set to a criteria. So, it's we can't do anymore but vote on what's in front of us,

which makes it difficult because we want to say more, but I think we'll leave it to council discussion, but I do agree with the consistency. All right. Seeing no other uh comments of uh council, I would entertain a motion. No, there's no language in there. I'll have to plug that in after for the actual.

And I think what I'm hearing from council discussions is you're looking more at criteria number one that's not being satisfied. Criterion two has to do with um damage to adjoining properties. I don't think you've expressed any concern about that. Criteria three has to do with the shape, size, and topography of the property. You don't really have uh doesn't sound like concerns with that, but what I gather is that you're talking about the variance is not in harmony with the intent and purposes of chapter 6.04, which limit the total number of animals to four per household. Yes. And I stated that correct.

So that would be the my suggestion as to the motion is that you move to deny it because it's not consistent with criteria number one, uh the harmony, intent, and purposes of chapter 6.04. 4 because it exceeds the there's no basis for exceeding the limit of four uh total animals and that your motion would be um to allow the number to be reduced within 120 days to reduce the number to four or fewer animals and do you want to include a provision on welfare checks? If so, you should include that in your motion. Great. Thank you, Scott. If somebody would like to make that motion and then we'll vote on that, please. H how do I how do I phrase?

Do you want me to run it through through it again and you can do a a so moved? So moved. Okay. So So as I understand the motion, it would be to deny the application for an animal variance on the basis that they have not satisfied criteria number one, which is the variance is not in harmony with the intent of purposes and purposes of chapter 6.04 4 because uh it exceeds the four animal limit that's set forth in the code and there's no grounds to do so. And that the uh applicants would have 120 days to reduce the total number of animals at the household to four or fewer. So moved. Second.

All right. I have a motion of second. Um all those in favor signify by saying I I post nay. No. Motion carries five to one. All right. Thank you. Appreciate it.

All right. Next item 8B, consideration of automated vehicle identification system, AIS, master service agreement approval. We'll hear from staff.

Good evening, mayor and council. Uh Randall Darlin, present, chief of police. This item requests the approval of a master service agreement between the city of Evans and Census Gatso for the implementation of uh an operation of an automated vehicle identification system Avis for traffic safety and enforcement. The agreement provides for the installation and operation of a fixed and mobile speed enforcement system within the city of Evans. The vendor will supply all equipment, software maintenance, violation, processing, and customer service functions for the system. The city retains full authority over enforcement decisions, including the review and approval of all violations uh prior to issuance. The agreement term is five years with an optional one-year extension. The city may terminate that agreement uh for convenience with notice and all financial obligations remain subject to an annual appropriation by council uh on an annual uh basis for uh budgeting. Uh the program is intended to document speeding concerns, improve roadway safety, uh and provide consistent datadriven enforcement in targeted corridors throughout the city. Um we've had a few discussions on this uh in work sessions. Um provided pretty significant data to kind of outline uh potential locations throughout the city and and potential um uh safety concerns that are are uh identified uh within the city of Evans. Um and with that, I'll be happy to answer any questions you might have on the system.

Great. Thank you, Chief. Appreciate it. Any questions andor comments of staff? Uh, Council Member Delaney. Well, Chief, you are going to learn my new hobby horse. Um, so I just need clarification on what we're signing. So, the agreement is is basically a one-year term with four possible renewals, or is it a five-year term that then we can continue to add one years without bidding it again? It's a fiveyear term. Okay. um with the opportunity to continue uh year-over-year or even renegotiate the entire contract after the 5-year term.

That's it from the procurement guy. I will I will preface that though that each year there is an opportunity you have you have to appropriate the funds uh for the contract. If you weren't willing to appropriate the funds for the contract, there's a clause in the contract that would allow the city to cancel the contract essentially. Okay. Thank you. That's all I have. Okay. Council member Crabtree. So, Chief, I see a $1,500 a month. Do we also have fees per citation?

We would. And it's the fixed cost of the camera is 27.50 per month. the um and that includes both the mobile and the fixed location, right? Because the the contract kind of interprets uh well the contract is going to be focused on two systems, one mobile, one fixed. Fixed location hasn't been identified. We're going to do four speed studies and work on identifying the most appropriate location for the fixed. The mobile will be obviously able to be mobile throughout the community. We'll need to identify corridors through u legislation through uh an ordinance that will be forthcoming to the to the council on what that may look like. You could potentially determine that we want to make the entire city a corridor, right? Or you could identify individual roadways and distances and lengths on certain roadways specific to, you know, traffic concerns that we have. We need to provide data. We need to work with um C dot for any roadways that are not controlled by um by Evans specifically. Uh and we need to uh create that ordinance with corridors andor residential properties or areas that are under maintenance, right? And while maintenance is conduct being conducted. So there's very specific parameters under the state statute that we have to operate under. Um and we'll be bringing that that uh specific um resolution and ordinance back to council for review and approval.

So basically in this 23page document, we're basically going to from a high level pay a monthly fee for the rental equipment, pay for the citation, and no breach for early termination of contracts. Correct. That's that's pretty good assessment. Yeah. No further questions. Thank you, Chief. There's a fee per violation, right? So, yeah. Yeah, there's a fee per violation, correct? That's their processing fee, and that fee is state or fixed by the state, right? Because they It's not necessarily fixed by the state, but it's they can't charge a per violation fee. They have to perform Yeah. a specific task, right? And they've identified those specific specific tasks in the contig. Yeah.

Yeah. It's money coming out of that uh possible revenue that is going to pay for that. The entire program essentially funds itself. And then if we're no longer happy, we can terminate with a 60-day notice without cause and there's nothing that's going to cost the city. Little little more nuanced than just that, right? So, if we wanted to terminate, we would have to show a cause or fail to, you know, just decide we're not going to fund it. Yeah. Through appropriations in the following budget year and then we would be able to I just want to make sure the city's not getting on the hook for a long-term contract that we no longer like performance and then correct.

I didn't want to read a 23page document and fall asleep. Thank you. No further comments. I mean, I will, but yeah, sure. Council Council member Johnson,

I I think I I I'm glad this is happening. I think it's important. I think our I know our community has been wanting um us to mitigate speeding and the safety component that comes from that, especially after a lot of the crashes and crashes to property um and what have you. And I think this will help substantially. And I hope that who's ever like online or who's listening knows that this is in part well this is a way a means for us to ensure that people are not speeding throughout our community as they have been and at least mitigate it to an extent and hopefully that helps um the safety. But this is great and I'm excited to see where that mobile unit goes and what that's going to look like for our city. and thank you for doing all the research for this.

Yeah, I'm happy to happy to provide the uh data that we were able to give you. I do think that based on the data we were able to um utilize to this point, we'll get better data as we have uh covert and speed studies done in the process of implementing this as well as the data we'll get back from once implement implemented. But it's a small percentage of vehicles. It's under 2% of the vehicles that are traveling through that are that are exceeding 10 miles an hour, which is what this threshold is for these citations. So again, this is all about safety. It is about um you know, we're not writing four and five and six and seven mph violations for people that are speeding through the community. These violations target individuals that are 10 plus miles an hour over the speed limit, which is absolutely a safety concern. We have seen through their data and through other communities where when these are placed into service, we will see a reduction in speed and a reduction in the number of violations, which is exactly what we want for the public safety piece of this. Um, and then it is a uh really identifying a small number of of uh uh travelers through the community. Thank you,

Council Member Neil. Uh, Chief, uh, if we implement this tonight, uh, how how soon would this go into a or the equipment be delivered and set up?

That's a great question. So, um, the the discussions I've had, so we have a lot to do, right? So, uh, the statute requires 30-day notice once everything's up and operating before you ever issue a citation. Um, we have to bring back an ordinance to you that needs to be um, reviewed and approved. Um, we need to install equipment. The mobile would probably be ready to go a lot sooner than the fixed location. We still have some studies to do on those and a clear identification of location permits and all of the different factors that go into that permanent location. The mobile will be uh, ready a little bit sooner. But even if they gave us the mobile tomorrow, I still have to provide notice to the community, we need to be very transparent in this. I need to get that outreach to the community so that they understand the what, the where, the why uh behind the pro program. And then we have a lot of internal processes to build through the courts and through the police department on how we're going to manage all of it. So I think the best case scenario is 90 days. I think we're probably looking at more like 120 in that area to be realistic. Late summer, early fall.

Thank you. All right. Not seeing any other questions and or comments, I would entertain a motion.

All right. All right. I have a motion and a second to approve the master service agreement between the city of Evans and how do you how what's the name of that? S Census Gastro contract XUSA Incorporated for the automated vehicle identification system services and authorize the mayor to execute the agreement and associated service attachments and go ahead and pay votes. And that motion carries 6 nothing. Thank you, Chief. Appreciate it. All right. Next item on our agenda 8C, consideration of resolution number 05-2026, declaring a drought emergency and declaring a drought state of warning. And we will hear from staff. Good evening. Tyber public works and utilities director. Um today I'm presenting on a resolution to declare a drought emergency um at the drought stage of warning. Um so earlier in April we've had conversations about how the snow pack and seasonal outlook is potentially putting our water resources in a challenging situation. Um so the city of Evans has a 2013 drought management plan. It helps us look at our water resources um as a whole. take a a peek at our supplies, compare them with our two-year demand, and it spits out a a number, a water supply index, the WSI, that helps us to figure out where we are at in terms of of drought and what type of potential response targets the city would would ideally see in those situations. Hi.

So, when I presented this to city council on April 7th, um we were projecting that the WSI through the end of the year would be 91% um on a in to share some positive news, Northern Water declared a um a higher than average quota. Instead of the normal 70%, their quota was set at 80% which pushed our WSI to 100%. So, um, pushed us more firmly into that warning category. And I know council had some concerns being on the fence. So, um, looking at our our water resources and demand through the end of the season, we can safely assume we're going to be around that 100% level. Um while we are at 100% that does push us firmly into the warning category and that is the um the drought stage that staff is recommending that that council consider um for implementation under section 1304200 of the Evans Municipal Code. Happy to take any questions.

Thank you Ty. Appreciate that. Any questions andor comments of staff? I am not seeing any. I would uh therefore entertain a motion. All right. I have a motion and a second to approve resolution number 05-2026 to declare a drought emergency and a drought state of warning in accordance with uh city of Evans 2013 drought management plan. Go ahead and submit your votes. And that motion carries 6 nothing. Thank you. I appreciate it. All right. Next item. It's consideration of emergency ordinance number 860-26 to amend the Evans Municipal Code section 1304.200 water conservation me uh measures. And we'll hear from staff on that one.

Tyberi, public works and utilities director. Um building off the declaration of of a drought um resolution. We had some conversations in our midappril work session um about potentially reconsidering some of the the hours that we restrict watering which based on current Evans Municipal Code is from 12:00 p.m. to 5:00 p.m. Um there the the conversations we had were that that potentially those hours um should be should be a bit extended given the the heat of the day and and some of the hours our neighbor uses. Um, so we're coming back with this emergency ordinance that modifies the outdoor irrigation prohibition to um to 10:00 a.m. to 6 pm, which is kind of the industry best management practice. Um, and then also follow city of Gley, town of Johnstown, Windsor, Denver Water, um, some of the the other irrigators. We are proposing this as an emergency ordinance which requires a single reading because of the um the enacted drought resolution um that city council just voted on. Um and I'm happy to take any questions. Thank you.

Okay. Thank you, Ty. Any questions and or comments of staff? Council member Crabtree. Thank you, Ty. uh if this ordinance is passed, who enforces it and what happens if uh a neighbor waters between 10:00 a.m. and 6 p.m.?

So, we've had a number of conversations about how to handle these. There's kind of two um two ways to go about it. Some utilities prefer to put the the rules in place, hoping for voluntary compliance. Others prefer to be a little more active in the enforcement. So internally we kind of decided to to end up somewhere in the middle where our focus is communication and education. Ultimately we want folks to comply voluntarily. So there's not um you know a huge staff undertaking required to evaluate whether or not people are following these. However, we do want to make sure that that you know as we receive complaints as um our code enforcement officers observe violations that we have a mechanism to um first educate. Um and so the plan is that we have door hangers that we will print out after this passing with this information. Um if if two violations are observed, we would um give door hangers that are warnings with the third allowing for the potential of a violation um which is is currently allowed under the Evans Municipal Code, the section 1304.200 that's listed. Um, so those would have to be provided by a police officer um because they are a municipal code violation. However, the warnings would be given by both our code enforcement officers and staff members out in the field that may happen to observe. So, we're going to print them, put them in our employees trucks, and then as they see actually observe violations, they're able to to put door hangers, log it in our code enforcement system, and then if if the problem becomes um you know, hits that third time, then there's there's a different conversation. So, we're just going to empower everyone within the city municip the city municipality to do that.

I think it's generally going to be our water team and the code enforcement team. Um, and so they'll be doing the the first two kind of notices given that that they're readily out in the field at folks um addresses. Okay. Thank you, Ty. Council member Neil.

Yes, Ty. I'm very pleased to see that this is uh the newer uh longer hours of prohibition is being put in place. I think this has been uh a long time coming. Uh I believe it should have been implemented a long time ago and as I understand it, several other municipalities already have this these hours of operation in place. So I'm very pleased to see this. I'm sure a lot of people won't be, but uh because some people demand that green grass uh in a droughtstricken area. So, thank you.

All right, seeing no other additional questions andor comments, I would entertain a motion. I have a motion and a second to approve or emergency ordinance number 860-26 amending the Evans Municipal Code section 1304200 water conservation measures to prohibit the use of water for sprinkling of lawns, gardens, and trees between the hours of 10:00 a.m. and 6:00 p.m. between April 15th and October 15th of each year. And cast your vote. And that motion carries 6 nothing. Thank you, Ty. Appreciate it. All right. Next item on our agenda is consideration of resolution number 06-2026, the city asset disposal. We'll hear from staff. Tyberi, public works and utilities director here with Cam Turner, our fleet manager. Um we are coming to you with our our semianual um consideration to um identify equipment as surplus or abandoned property. um to follow the guidance in our um surplus abandoned property disposal policy. Generally, we identify equipment that is no longer being used, is is unsafe, um is is problematic to operate or the cost of repair exceeds the salvage value. Um we generally try our our first effort is to take it to auction, try to get the the highest cost back to the city, um which is then moved directly back into the fund the equipment was purchased for from. If we are unable to sell or if the item doesn't sell at auction, we then look at at salvage or disposal. Um on this list, the the kind of major large items are um two police vehicles that we will be looking to replace. Um a the Timco street sweeper, which I believe council has been briefed on. Um we had some damage. It has since been replaced. We finished the insurance claim. We're

ready to to dispose of that item. And then we have some additional um an additional parks truck from our replacement with the medium and heavy duty trucks uh that no longer really serve a purpose in our fleet. So happy to open it up for questions. I have Cameron here if if there's a question that I can answer or um Daniel Kefir, our field u field services manager as well. Thank you.

Great. Thank you, Ty. Any questions and or comments of staff? All right. I'm not seeing any. So, I would uh entertain a motion. All right. I have a motion, a second to approve resolution number 06-2026 to authorize the sale of the identified public works and utility department and police department equipment via public auction or salvage yard disposal consistent with the city surplus abandoned property disposal policy. And go ahead and cast your vote. And that motion carries 6 nothing. All right. Thank you. Thank you, Ty. Thank you, Cameron.

Thanks, guys. All right. Next item on our agenda, uh, item 8F, consideration of resolution number 07-2026 to appoint an interim city treasurer. We'll hear from staff.

Yes, mayor and councel. Pursuant to section 4.8 of the Evans Home Rule Charter, uh the city manager um is authorized to appoint a city treasurer subject to approval by the majority vote of the entire city council uh with the pending departure of the city's chief financial officer, Jackie Trout. I am requesting the city council uh approve the appointment of Elsa Chakon to the uh position of interim city treasurer. Um this will be in effect until such time that I've u hired a u replacement for Jackie. I'll start the process uh interviewing tomorrow. So uh Jackie has done an amazing job creating a a fantastic finance team and I have full confidence that uh Elsa will be able to fulfill this role uh um very well for the city. So uh Mr. Mayor, that's all I've got. I'll turn it back over to councel.

Great. Thank you, Cody. Uh, so question for you. Is this Jackie's last council meeting then? Got it. Okay. All right. I have no other and council member Johnson. Oh, you want I am my comments are going to be directed towards Jackie. Oh, because it's our last meeting. I was going to wait till I do when he does. So, I'm going to I know, but I want discuss that during my city manager update because I'd like for this to be about me on the record too. I know. Go ahead.

I just want to say it. I just want to say it because I I thought she left. I was like, where did she go? And then I because anyway, okay. I just wanted to say we are so fortunate to have you and I am so sad to see you go. Um I understand. Just know that and I'm happy for you. Um and I wish you the best. Um but gosh, we've been so fortunate to have you and just who you are as a person. You're so great to work with. Just you're so meticulous. It's nothing was hard, approachable, just a great human. And I appreciate you. I'm sad to see you go. And I'll add more later, but I just wanted to say that. And I'm happy, you know, that we're um you're you'll be the in Elsa as well. Know that and I know, you know, you're under her mentorship. It would be great, too. All right. Not seeing any other questions and or comments. I would entertain a motion. All right. I have a motion second to approve resolution number 07-2026 approving Elsa Kon Kachon Chakon as interim city treasur. Go ahead and submit your votes. And that motion carries 6 nothing. All right. Uh reports, city manager.

Yes, mayor and council. There's a fair chance that by now you know that Jackie is leaving us

um and that tonight is unfortunately for us uh her her last council meeting. And so Jackie has been appointed as the chief financial officer for Weld County. So huge loss for us, huge gain for Weld County. Uh certainly happy that we can keep her in the county. But uh over my three and a half years here as city manager, Jackie's been by my side uh through many many different things that we've worked on uh that we've brought to the city council for consideration, many budget discussions. Um we've spent a lot of time staring at the whiteboard over or structures. And so Jackie has been a big help to me since I've been here. Obviously a huge loss to the team. uh her her she's gonna have there's gonna be huge shoes to fill uh to be able to uh uh replace what Jackie brought every day. However, I'm very happy for Jackie uh and very appreciative for what you've brought to the city of Evans. So, thank you very much.

Yeah. No, uh Jackie, I wanted to say uh it's going to be sad to see you go. You've been with the city for what 12 13 years almost, I think. Yeah. Okay. And um I I don't know how you did it 90% of the time with our budget. You you just made the numbers work when it just looked like it was impossible to make those numbers work, but you did it. I I've been thoroughly impressed with the number of clean audits that we've had. All the awards that you have won for the the city over the last several years have just been absolutely amazing. Um, Weld County is getting a fantastic individual and it's going to be a big loss for Evans, but uh, they're going to gain somebody that has the utmost confidence in any and all the municipalities around of this council, this staff, and you're just going to be an invaluable resource for them. So, good luck to you. I'm sad to see you go, but they're getting a rock star. I'm glad you're saying close too though because we can always find you. Like Jackie knows, although not here.

Jackie knows. She knows. No. Yeah. And I just wanted to add even more. It's just it's been great. And you've been through every single like eb and flow of the city of Evans and so and you've made it work for us. You know, you've made magic happen during times that who knows? I mean, we were like, "Okay, what's gonna happen here?" And it I mean, it's all of you, right? Um contributed to that, but I'm sad to see you go, but I'm happy for you, too. How dare they? Just kidding. I'm sad I never got to be on the finance committee. I've been on council seven years. I've never been on the finance committee. We wouldn't give it up.

Hey, you know, we give that up. She's a rock to be on there. You know, I wanted to work with Jackie 101. I didn't never get to, but the times we have worked with her through all the council members we've had and um I've been with you seven years and your patience is phenomenal for what we throw at you and on a personal level. I love talking with you and getting to know you and just hanging out, you know, when we get the two minutes to hang out before a work session. And I want to say thank you seriously for everything.

Yeah, Jackie, the county scored someone really good. So, lucky county. Congratulations. It's a great opportunity. So, I haven't spoke to the mayor about this, but um if it was because I was on the finance committee that you're leaving, I will resign. Um I'm just offering that one last chance.

No. Um, I've very much enjoyed um, learning from you on the finance committee, seeing the amazing ways that you can figure out how to save our city money and spend our resources very wisely. So, thank you very much. Good luck and uh, yeah, Lucky Weld County. Well, Jackie, hate to see you go, but I'm glad you're staying in the county and uh we're losing the soccer mom to the county that I enjoyed discussing things with sometimes and I've always enjoyed your presentations because I can understand them and I they're I feel that they're understandable by non-accountants. So, appreciate it. Thank you. Okay, back over to you.

Yeah, a few more things. Uh, State Street Sanitary Sewer Project. So, I signed the contract this afternoon or this morning with professional engineering consultants. Uh, signed the contract this morning and I believe this afternoon they rolled right into a a meeting, a kickoff meeting to get that project started. So, professional engineering consultants, our uh our engineering consultant will begin uh the engineering design for that uh take a few months and then we'll be able to roll into uh construction later this year, early next year uh to bring State Street San Terry sewer to a close. Uh 37th Street project uh that project has been awarded to Kimley Horn as the preferred consultant. Uh protest period ended without formal protests. That contract was executed on March 17th. So, they'll be designing the street lights uh between 47th Avenue and 35th Avenue. They're also going to do a phototric study from the roundabout north on 47th Street uh to the city limits so we can uh so we can get that all illuminated. Uh to bring uh some clarity to to a discussion earlier in the work session, uh 37th Street phase 3 design is going out on bidet this week. Uh so we are still very much moving forward with the redesign of 37th Street phase 3 from 65th Avenue back to the Arrowhead Drive uh the western most entrance on on Arrowhead Drive. Uh so that'll be out for for bidding and then we'll go through the the procurement process as well. Uh city uh engineering team is also working on uh putting a scope together for uh bridge inspections. I' I brought that up to you a couple meetings ago, but uh with everything else engineering's been working on, this will be coming up here pretty soon. Uh putting a scope of services out for a structural engineer on bidnet to review five bridges, one of which is the 37th Street Bridge, 37th Street phase 4 bridge over the wetlands. Uh engineering is also working on the

Ridge Pond 23rd Avenue storm water outfall project. Um, if you recall, we uh formally brought the East Side storm sewer project to a close and we're transferring those SRF funds over to the Ridge Pond uh to rebuild that uh that outfall uh so we can uh have more dependable storm water system uh from that point. Uh engineering teams working with city attorney on county road 394 really don't have any update at that point. Just understand that that we're still working through uh that process. And then if you've noticed along uh 37th uh 37th Street in particular, uh the street sign shop is really starting to crank out a lot of new street signs. And so we've been a we're able to get the street uh the street sign replacement project going uh and it's really adding a a splash of of uh of excitement to that corridor. So uh we got the street sign replacement going on. And then just a couple of projects we have coming up. We have the community cleanup event this weekend. I'm sorry. This Saturday, uh, April 25th, from 8:00 am to 4 pm at the 1st Avenue site. $15 per voucher can be purchased either at the CSU windows or on site Saturday morning. Uh, National Drug Takeback Day, uh, again, April 25th, 10:00 a.m. to 2 p.m. at the Sam's Club parking lot here in Evans. And then Blooms and Bruise coming up on Saturday, May 2nd, 2026 at Riverside Park from 12:00 pm to 5:00 pm. Thank you, Councilman Delaney and Mayor Promple for your work in helping plan that with staff. I do appreciate uh the input that you brought uh for the planning of that event. And then, Mr. Mayor, lastly, I just want to go ahead and clarify going back to our work session this afternoon about um uh the the options I presented to you for 49th Street. I want to make sure the council understands option one uh because there was a question what's

the difference between option one option two option one is if you guys were um absolutely interested in moving forward then we would proceed with an engineering contract of which the required studies would be a part of that contract. So that would be like a typical engineering project that we would work on where we would do the studies and we would just roll straight into design. The differentiation with option two is doing the studies and then taking a pause to evaluate if this is still something you're interested in. So, I wanted to provide that clarification to the city council. Option one is jumping in and going for it. Option two is taking a more um um I I think I called it a dip your toe in the water approach earlier to do the study and then and then re-evaluate if it's something that we want to do. So, I hope that provides clarity to the question that you asked, Mayor Prom. Uh, Mr. Mayor, that's all I have this evening. I'll turn it back over to council.

Thank you, Cody. City attorney. Thank you, mayor, members of council. Um, the Jackie Trout tribute is a tough act to follow. So, I'll just say, uh, thanks, Jackie. Uh, we've gone through a lot of things and it's been a pleasure working with you. Other than that, um, I'll talk to you council more next time about ADUs and fire fire resiliency and some of those things next meeting. Great. Thank you, Scott.

All right. Uh we'll turn it over to council discussion. I'll wait for the request to speak to come up and then uh I'll go ahead and throw this out here real quick. So um just wanted to know based on the discussion that we had earlier after the public hearing was closed now that we can discuss it in here. Is there any interest in from councel because this is I think what the second time in the last what about a year that this has come up to maybe relook at the animal ordinance to see if we wanted to make any changes to it. Um I I this is a council if if there's an interest we can let staff know and we can get it on a later work session sometime in the future.

I brought it up last time. I needed more clarification. I would like to discuss it more in depth and uh say a work session before we make any decisions in what way? So I would like clarification um because remember last time we were discussing say a few more animals like say you had three cats and two dogs. The cats go outside, so it shouldn't really be a concern. And uh council member Far had been talking about that. And then we were also discussing like birds versus dogs and cats and all of that. So, you know, understandable the four animals, but at the same time,

uh especially if it's indoor, like say a snake with two cats and two dogs, you know, it's not really a noise issue with a snake. It is an escape issue to me, but issue um for the bird, too. Right. So, uh I I and I was confused, I'll admit to you guys, with the fowl part of the chicken, the birds.

Yeah. So, um I I just was for me needing more clarification on that and we I you know, the numbers and things like that. I wouldn't mind revisiting just because I was not okay the way it went previously, but ultimately there was a decision made um that a consensus made and so I think it's important to definitely look at that especially yes let's just do that. Let's have those let's open up the discussion. Exactly. Anybody else? There's got there's three of us as interested. So I need one more. So, the only thing I'm going to say is I think there's far more important parts of the code.

Sorry. The only thing I was going to say is I think there's far more important parts of the code to look at before we look at this. No, and I say this is would be for future, not today, tomorrow. This is when when staff can get to it, not a hey, let's talk about it next time. So, is there anything in the code you'd like to look at? Yeah, but it's not my turn to talk yet. So, yes, but just at a later Yes, but at a later future date. Okay. just at a later date. Council member Delaney. Okay. So, like I said, I think there's so many more important parts to look at in our code.

And one of them that I just discovered came from a uh concerned citizen um and uh got me digging into the sign code. And here's where my concern is. It literally is so restrictive that technically anything that can be moved by the wind is banned in Evans. And so I understand that we're concerned about like one of our focuses on beautifification, but the reason why we're trying for beautifification is for economic development. Well, people aren't going to want to come into the city and in invest in a business if they're so restrictive on their signs that they can't even say here I am. So, I'm I think that it would be really good to overhaul that, look at what other communities do, look at and, you know, try to make ourselves more competitive in the economic space. And I was just hoping we would maybe be able to ask the city to do so.

I'm glad about that. Doesn't hurt to look at it. I don't think we've seen No, we did a few years ago because of the school sign. Yeah, but it was more Yeah, we revamped it for the school site that we did really look dive into it. No, we didn't. Well, and I just kind of love that that was decided by staff as a priority in our strategic plan. And so even though I'm asking specifically about this, they were talking about looking at all of the um code and trying to get it up to snuff. So, good with that. So, all right. Anything else? That's it. Sorry. Mayor Pat.

Uh just reiterating the Blooms and Brews on May 2nd from 12:00 to 5:00. There's going to be activities, food, uh brews of course, and uh we would like to see everyone out. I'm I appreciate the fl the flyers because I can get those to my residents a lot easier than a screenshot. Um but also, uh Jen had said something about a 5K. Is that correct? No. No. No. Never heard of that. Oh, I don't know if that was with you or not. Um, I did ask about that. I don't know if that is something or not. So, if you could get a chance to catch up with Jen, let me know.

Uh, she said something I I'm pretty sure she said something about a 5. I'm sure it would be on here. I thought so, too. But I thought she said something about it. Don't think that might have been you and her conversation. Okay. But Uh, I do have people interested in coming. I hope you guys are spreading the word. So, thank you, Council Member Johnson.

Um, I just wanted to speak on well, uh, the past two weeks we've in W three, we've had a lot of um, community engagement um, through our the residents in that area. And I just wanted to bring up just a few um, nothing just pretty broad. Uh two of them were concerns on speed um speeding especially Marin uh Mariners's Landing that which is on 29th. It's in the North Point subdivision. Um cars are kind of circumventing the traffic light and making a right onto Mariners's Landing and speeding through and there's been concern about that in that neighborhood. Um so just kind of really looking into This is not nothing super like pressing in the sense of like getting into some kind of analysis, but I think now that we have approved the AIS component and we have we're going to create a plan with with that there's a possibility that this road may be a part of that and it will mitigate that situation. So, one of the things I've asked our engineering team to do is to evaluate the no right turn on red uh off of southbound 29th to northbound or I'm sorry to westbound 37th

and then also westbound 37th to northbound 29th to see if those are even needed anymore. So, that may help alleviate some of that traffic down Mariners's Mariners Landing. be fantastic because one of the things I was going to propose is potent like looking at the traffic in flight and seeing if we can have like a green arrow to turn right kind of situation to kind of mitigate that concern. But if you're already on it, that is fantastic. Yeah, I think that I think removing that no right turn on red may help that that problem. So I'll follow up with engineering.

That's a culprit to be honest. Um so thank you for that information. I will follow up with that. And the other thing also it's on 35th and in between 35th um Avenue and 47th Avenue um on 37th concerns of speeding but I believe now with us adopting the ordinance for Avis well adopting that that um that will help mitigate that as well. So I did mention that that was coming forward and now it hasn't. Um the other um implementation of the plan as well as um the well the implementation of Avis and then a plan would help that as well. The other thing is um we had also we've had um since last year I believe another concern a resident in regards to a noise barrier wall I had a discussion with her today and one of the things that I mentioned is hopefully in you know in future discussions we can implement when there's new development some sort of noise barrier wall within that development and the developer putting that into their plan or um looking at setbacks and seeing if those can um because I know right now it's 25 feet I believe and just looking at those in main arterial um roads and seeing if that can change instead of doing a 25 maybe switching that and looking at what the appropriate stepback would look like um just for safety concerns as well. So, I just want to kind of um plant the seed as something that we can bring forward later. Um not now, but start discussing that as we um start to look at codes as well as um CIP um CIP.

And that's all I have. Thank you for your time. Thanks, Council Member Neil.

Yes. Most people that have exotic birds, they in their house, they don't they're not flying around loose. So, I've never quite understood the way the ordinance is written for that other than uh if they're keeping chickens outside, then that's that's different. But for exotic birds, I I don't see why that amount is included in with the cats and dogs. I think you're going to have more trouble with uh neighbors with with dogs and cats maybe. So, I would definitely like to take another look at that.

All right. Well, seeing that there's no other council discussion for this evening, I believe that is all we have. And if there's nothing