City Council - Regular Meeting

City Council meeting for Tuesday, September 15th, 2026. My name is Mark Clark. I'm the mayor. I'm going to call the meeting to order. Please stand and join me in the Pledge of Allegiance.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

Roll call, please.

Mayor Clark.

Here.

Mayor Pro Tem Pletka. Here. Council Member Johnson. Present. Council Member Neill.

Present.

Council Member Crabtree.

Here.

Council Member Delaney.

Here.

Council Member Lopez.

Here. All right. Next item on our agenda is the award of recognition. And this is for the September 2026 Yard of the Month. And this is going to be presented to Michelle Schaefer. on 720 40th Street. She won this month's award. So if you're in the audience, please step forward and we'll get a picture and I'll present you your certificate and a gift card for $100 to Quality Lube here in Evans.

Thank you.

All right, next item on our agenda is a proclamation for national custodian state for 2026, and I'll go ahead and read that proclamation. All right, whereas custodial professionals play an essential role in maintaining clean, safe, healthy, and welcoming public facilities for residents, visitors, and employees, and whereas the work performed by custodial professionals contribute directly to the health, safety, appearance, and the efficiency efficient operation of the city facilities and the quality of service provided to our community. And whereas custodian professionals work diligently behind the scenes to clean up and maintain public spaces, respond to unexpected needs, support city programs and special events, and ensure facilities are ready each day for those who use them. And whereas their responsibility requires dedication, attention to detail, professionalism, flexibility, and a commitment to public service, often during early mornings, evenings, weekends, and other times when their efforts may go unseen. And whereas the cleanliness and condition of our public buildings reflect the pride we take in our community and the contribution of our custodial professionals are an important part of creating facilities that residents and employees can be proud of. And whereas recognition of contributions of custodial professionals provide an opportunity to express our appreciation for their hard work and acknowledgement, the important role they play in supporting the City of Evans and the community we serve. Now, therefore, I, Mark Clark, the mayor of the City of Evans, do hereby proclaim October 2nd, 2026 as Custodial Workers Recognition Day in the City of Evans and witness where I'm to. I hereunto set my hand and cause the official seal of the City of Evans this 15th day of September 2026. And do we have anybody in the audience that's going to accept this? All right. All right, next item is our proclamation for the Hispanic Heritage Month for 2026. Normally what I do in this event is I normally turn it over to Council Member Johnson to go ahead and read this proclamation. In tradition of doing that, I'm going to do so again this year as I've done for the last four years I've been as mayor. So Council Member Johnson, that's for you.

Awesome, thank you. Whereas community across the United States celebrate Hispanic Heritage Month each year in a tradition dating back to 1968, when Congress first established a dedicated week to recognize the contributions made by Hispanic and Latino Americans. That week has expanded into a month-long observance. And whereas this, sorry, I apologize. tablet decided to update so I will start from the beginning okay whereas community across the United States celebrate Hispanic Heritage Month each year in a tradition dating back to 1968 when Congress first established a dedicated week to recognize the contributions made by Hispanic and Latino Americans that week has expanded into a month-long observance and and whereas this annual observance honors the history, culture, and contributions of Americans who celebrate ancestry from 20 countries in Latin America, ranging from Mexico through Central and South America to the Caribbean, and whereas the 2020 United States Census revealed more than 62 million Americans representing approximately 18.7% of the population who claim Hispanic or Latino origin, plus 3.3 million Hispanics who are residents of Puerto Rico, a United States territory. And whereas the United States Hispanic Chamber of Commerce reports over 4.7 million Hispanic-owned businesses nationwide contributing more than $4.4 trillion to the economy. And the National Council of Hispanic Employment Program Managers theme, Together We Are More, celebrates the shared history, traditions, and diverse cultural contributions of Hispanic and Latino communities. Whereas Evans is home to a wide range of Latino businesses, and entrepreneurs who positively impact our local economy, providing jobs along with valuable services and products. Evans' growing Hispanic population is strong and vibrant and a key part of the fabric of our city. And whereas members of the Hispanic community are active in all levels, state and federal government, from volunteer boards and commissions to civilian employment to elected offices, including the Evans City Council, plus more than one million Hispanics who have served or are currently serving in the United States Armed Forces.

Now, therefore, I, Mark Clark, the mayor of the city of Evans do hereby proclaim September 15th through October 15th as Hispanic Heritage Month in the city of Evans and encourage the citizens to share in this annual tribute by learning about and celebrating the generations of Hispanic Americans who have positively contributed and impact our nation. And witness where to have here and to sit my hand and cause the effect, the official seal of the city of Evans is 15th day of September, 2026. And I believe we have members of the Hispanic women of Weld County And the audience, to accept this proclamation, if you'd like to step forward, we'll hand you the proclamation and we'll get a picture. I'll give you a couple moments if you want to say something.

Okay, thank you. My name is Hillary Rudisall. I guess I need to tell you my address. It's 4750 29th Street, apartment 710. Welcome. So good evening. I just want to say thank you to the City of Evans for recognizing Hispanic women of Will County. It really means a lot to us. HWWC has been serving World County since 1988, and when I think about that, almost 40 years of women coming together, volunteering their time, sharing their talents, supporting one another, and believing in this community, I think that's pretty special. Yes, we provide scholarship, we host events, we volunteer, we build partnerships, we support other organizations doing incredible work throughout World County, but at the heart of everything we do is something much simpler. We create possibilities. Sometimes that possibility is a scholarship that helps a student continue her education. Sometimes it is introducing someone to a resource she didn't know existed. Sometimes it is opening a door, making a connection, or simply having another woman look at you and say, I believe in you. Keep going. That is the part of HWWC that I love. I have had the privilege of seeing firsthand what can happen when women come together with a shared purpose. We don't all come from the same backgrounds. We don't all have the same stories. and we definitely don't always have the same opinions. But we share a love for community and a desire to leave it a little better than we found it. I'm incredibly proud to serve as president of this organization, but HWWC has never been about one person. I get to stand here tonight because of the women who came before me, the women standing beside me today, and the women who will take this organization to places I could have never imagined. So thank you to the city of Evans for recognizing HWWC, and the work we do. Thank you for recognizing the women behind that work, and thank you for believing in the importance of organizations like ours that continue to invest in people and in our community.

Thank you.

Good evening. My name is Hazel Ibarra-Mesta, 844 East 21st Street. I am the Secretary of Hispanic Women of Weld County, and I want to start by saying again, thank you to the City of Evans for this recognition of our organization. We truly appreciate being recognized for the work that we do within our community. Like Hillary mentioned, we don't just provide scholarship, We also build partnerships, volunteer, and create opportunities and events that bring our community together. I want to take a moment to highlight some of our upcoming events that really showcase the different aspects of our mission. Right now, our community awards nominations are open through September 30th. We have four award categories, community, leadership, education, entrepreneur, and Mujer con Poder. These awards give our community the opportunity to nominate Latina and Hispanic women who are making a difference and empowering those around them. All four awards will be presented at our next major event, our annual scholarship breakfast on Saturday, November 21st. This is our biggest event of the year, where in the previous year we had about 450 people in attending. At this event, we will not only recognize our community award recipients, but also celebrate our scholarship recipients, who were selected by our scholarship committee. We're also excited to have our member-voted keynote speaker, Marcie Michalski, joining us to speak at the breakfast and share her story and experience with our community. It is a really special opportunity for us to come together, celebrate these women and students, and represent the mission of Hispanic Women of Weld County. So I encourage everyone to be on the lookout for tickets to our annual scholarship breakfast. We would love to have you join us, celebrate, and recognize the empowering women and students within our community. If you're unable to attend our upcoming events, we are also participating in several community outreach opportunities. Tomorrow, we will be at the Latin Heritage Celebration at Ames Community College. And on September 18th, we will be participating in the Latin Heritage Month Kickoff at La Casita Cultural Center at UNC. We hope you can join us at one or even all of these events. We would love the opportunity to meet you, connect with you, and give you a chance to get to know Hispanic women of Weld County a little more. Again, thank you to the City of Evans for this recognition. We truly appreciate it, and we're excited to continue serving, supporting, and empowering our community.

Thank you.

Good evening. My name is Isela Lozano, 2305 33rd Ave. I proudly serve as the Vice President of Hispanic Women of Welk County. To me, being a part of Hispanic Women of Welk County means recognizing the strength within ourself and using the strength to empower the next generation of Hispanic women and Latina women. We want every young woman to know that her dream is possible, her voice matters, and there's community standing behind her. To the City of Evans, thank you for honoring and recognizing our organization with this proclamation. This recognition reminds us that our work matters and inspires us to keep moving forward together. It truly is an honor to be part of the sisterhood and to help carry the mission into our future. Thank you.

She's one of the old members. I've been a member since 1991, and I just want to congratulate these young ladies for thriving and succeeding and making things better every year. So thanks to these young ladies that are officers for Hispanic Women of Wilde County.

All right, next on our agenda is audience participation. Is there anybody in the audience that wishes to address City Council on any item that's not on the agenda or of a public hearing? If so, please step forward to the podium, state your name and address for the record. All right, seeing none, Madam Clerk, any changes to the agenda?

No, Mayor.

All right, I'd entertain a motion. All right, I have a motion and a second to approve the agenda.

I'm saying aye.

OK. And that's motion.

Council Member Lopez, are you in favor? Yes. OK. All right.

And that motion carries. All right. Next item, consent agenda. Any discussion for the consent agenda? If not, I'd entertain a motion. I have a motion and second to approve the consent agenda. Council Member Lopez, are you in favor of it? Yes. All right. Council Member Johnson? All right. Sounds good. All right. And that motion carries. All right. New business item 9A, consideration of resolution number 27-2026, Amendments to the 2026 fee schedule. We'll hear from staff.

Good evening, Mayor and Council Members. Michael Hall, City Planner, Community Development Department. For your consideration, this evening is Resolution No. 27-2026 to amend the 2026 fee schedule for the addition of an accessory dwelling unit or ADU permit fee. As Council may recall, updated and comprehensive ADU regulations were approved under Ordinance 865-26, which was effective July 7, 2026. excuse me, 2026. Since this time, the community development department has been working to launch the administrative ADU permit as detailed in section 18.03.150 of the ordinance. While the permit application materials are still in process, staff requests that city council establish the application fee for the ADU permit in the amount of $500, which will be stated on the application checklist should this be approved by council. This fee is required to be submitted with the complete ADU application permit materials prior to processing the permit. The fee is non-refundable, as are all land use application fees, as detailed in Section 18.03.010.F of the existing Evans Municipal Code. The amount of $500 is recommended, as it is consistent with other land use applications that do not require a prolonged degree of review, such as the minor plat or special use permit. While this fee will also be included in the larger 2027 fee schedule that you will see, it should be made available now for any interest in qualifying applicants as the code that authorizes this permit is already in effect as of July. Should this fee be adopted by City Council, staff will work to finalize and publish the ADU permit application checklist and guide. Regarding financials, the proposed fee addition has a corresponding revenue impact in the general fund. And note the purpose of all planning fees is not to generate income, but it's to generally offset staff time and city resources associated with the processing of the application. In the event that the fee does not adequately reflect permanent administration, it may be amended at a future date. Regarding the recommendation, staff does recommend approval of this 2026 fee schedule amendment as proposed. Suggested motions are provided in the staff report. And at this time, I've concluded my remarks and happy to answer any questions. Thank you. Great.

Thank you, Michael. Appreciate it. Council Member Lopez. He answered. Thank you. Okay. All right. I don't see any other questions or comments of council, so I'd entertain a motion. All right. I have a motion and a second to approve resolution number 27-2026 to amend the 2026 fee schedule. And that motion carries seven nothing. All right. Thank you, Michael. Appreciate it. All right. Next item, 9B, consideration of resolution number 28-2026, companion resolution regarding existing food sales tax ballot question. We'll hear from staff.

Thank you, Mayor, Mayor Pro Tem and Council, Ed Bull, City Attorney. I'd like to first thank Brian Stone for the work on this that I'm presenting. On August 18th, 2026, city council approved resolution number 25-2026, placing a question on the November 3rd, 2026 ballot regarding the use of revenue from the city's existing sales tax on food for home consumption. The question does not create a new tax or increase the current tax rate. It asks voters whether the existing revenue may also be used for economic development incentives and for operations that support and sustain eligible city facilities and improvements. The companion resolution is intended to help explain those two proposed uses and provide a clear public record of this council's intent if the ballot question is approved. It is meant to give residents additional information about how the city would approach these uses while keeping the existing voter approved restrictions in place. The resolution does not change the ballot language and does not approve any specific project incentive or expenditure. companion resolution provides clarification on several key points existing voter approved uses would continue and maintaining public improvements previously financed with the food tax would remain with the city's first priority as stated in the ballot question council would consider how the revenue is used each year through the city's budget public budget and appropriation process the revenue would remain restricted and would not become unrestricted general revenue general fund revenue. Economic development incentives would be considered individually by council. The intent is to focus on performance-based pay-as-you-go incentives when appropriate, so incentives are tied to new investment, economic activity, revenue, and a demonstrated community benefit. The proposed operation use is intended to help the city maintain and take care of eligible facilities and improvements. Examples of this include maintenance and repairs, utilities, equipment, materials, and supplies, preventive maintenance, and contracted maintenance or repair services. This council's intent is that the food tax revenue would not be used for city employee salaries, wages, benefits, or overtime. If voters do not approve the ballot question, the current authorized uses of the food tax revenue would remain unchanged. Adopting the companion resolution does not authorize any spending and has no direct financial impact. If the ballot question is approved, any future use of the food tax revenue for the two additional purposes would be considered as part of the city's annual budget appropriation process. Any economic development incentive would also come back to the council separately for public consideration and approval. If the ballot question is not approved, the current authorized uses would remain in place. So the recommendation to the council may consider adoption of this resolution to provide additional clarification and transparency regarding the proposed use of the existing food tax revenue. The companion resolution documents council's current intent for implementation if the ballot question is approved without changing the ballot language or authorizing any specific expenditure. If you have any questions, the city manager or myself might be able to answer.

Great. Thank you, Ed. Appreciate it. Any questions or comments of staff? Council Member Crabtree. When will we know the ballot number?

It's been assigned ballot number 2C. Thank you. Council Member Neill.

Yes, I'm referring to the original ordinance 161-02, which was implemented and passed in 2002 by Sherry Melby, mayor, and the rest of the council then. It looks like in the original ordinance that under section 10, The last part of that is and or economic development incentives including without limitation the application and pledge of such revenues for principal interest and other payments and security for Presently outstanding and future bonds and other capital Fundings why this was not disclosed in the original ballot language. I Will never know It's another thing that we're taking, this council is trying to take care of after 30 years. I note that in section six of this ordinance, the original ballot language includes several projects, lists several possible projects that we use with this money, but it excludes this use, which was apparently their original intent. Mayor Melby's council was their intent back in 2002. So I am therefore in favor of submitting this to the voters currently.

Thank you, Council Member Neal. Appreciate that. All right, I don't see any other questions or comments, so I would entertain a motion. All right, I have a motion and a second to approve Resolution 28-2026, expressing the City Council's intent regarding the proposed amendment to the authorized use of revenue from the city's existing sales tax on food for home consumption. Make your votes if you have not already. And that motion carries 7-0. All right. Moving on. Next item. Reports. City Manager.

Yes, Mayor and Council. Just a couple things for you here tonight. With your approval of the companion resolution here just a moment ago, I will have an updated frequently asked questions sheet and also a fact sheet that I will distribute to the City Council tomorrow after it's been vetted by the City Attorney for neutrality to make sure that we're providing the facts, nothing but the facts, for Council's Also wanted to share with you that Director of Engineering has shared with me tonight that the 394 repair is getting closer to being completed. That new culvert has been placed and all we have left to do now is some mill and overlay work to get the roadway back in place. So Chris, you can almost take 394 to work again. I know it's been a long time coming. I appreciate the public's patience as we've been working through this issue. Engineering is keeping an eye on a couple other culverts out there. So I do want to just make you aware that we have a little bit more work to do. Making good progress on the 394 repair. Again, I know it's taken a while, and I appreciate the public's patience with us as we've been working through this project. Heritage Day is coming up this Saturday, September 19, 2026. We'll have the event in the morning at City Park from 8 to roughly 2, a little bit of a break, and then we'll reconvene over at Riverside Park from 5 to 9 for the remainder of the event. We have the fall cleanup event coming up Saturday, October 3rd. at the First Avenue site from 8 a.m. to 4 p.m. And then, council, we will be getting information out regarding the police station grand opening Tuesday, October 6, 2026. So that'll be before the next city council meeting. We will do that in lieu of a work session. Mr. Mayor, that's all I have this evening.

Great. Thank you, Cody. City attorney? Thank you. I have nothing to add. That's easy. All right. All right. So anything for council discussion? I have one thing.

Oh, OK. You're fine. Go ahead. So last meeting, we discussed this very necessary ballot measure that we're getting put on the ballot. It is very, very important that we get it passed. And one of the questions was, what can staff do to get it across the finish line? And at this point, they are legally basically required to kind of bow out because the city can't be spending funds to try to sway the election. So that's where we come in as a council. And so we have 50 days until the election, I believe. And if what I'm challenging, and I'm going to do, and I'm challenging all of you, if we can go out and hit five houses a day, five houses, that's 1,750 houses that we have gone and spoken to directly about this. If there's two people living in that, that's 3,500 people we can try to show why we need this passed. so from this day forward i'm going to hit five houses a day and maybe i won't get an answer at all five but i will at least walk up to the door and knock because we need to get this across the finish line this is absolutely vital for the economic development of the city and um so that's just my challenge to you awesome thank you councilwoman delaney all right not seeing any else for council discussion thank you everybody there's nothing else on our agenda meeting adjourned