Evans City Council Feb. 19 2019 Regular Meeting Packet

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AGENDA
Regular Meeting
February 19, 2019 - 7:00 p.m.
City Council meeting packets are prepared several days prior to the meetings. This information is reviewed
and studied by the Councilmembers, eliminating lengthy discussions to gain basic understanding.
Timely action and short discussion on agenda items does not reflect lack of thought or analysis.
An informational packet is available for public inspection on our website at www.cityofevans.org and posted
immediately on the bulletin board adjacent to the Council Chambers.
1. CALL TO ORDER
2. PLEDGE
3. ROLL CALL Mayor: Brian Rudy

Mayor Pro-Tem: Mark Clark
Council: Sherri Finn
Alicia Johnson
Laura Speer
Fred Neal
Amanda Castle
4. AUDIENCE PARTICIPATION
The City Council welcomes you here and thanks you for your time and concerns. If you wish to
address the City Council, this is the time set on the agenda for you to do so. When you are
recognized, please step to the podium, state your name and address then address City Council.
Your comments will be limited to two (2) minutes. The City Council may not respond to your
comments this evening, rather they may take your comments and suggestions under advisement and
your questions may be directed to the appropriate staff person for follow-up. Thank you!
5. APPROVAL OF AGENDA
6. CONSENT AGENDA
A. Approval of Minutes of the Regular Meeting of February 5, 2019
B. Consideration of Ordinance No. 689-19 An Ordinance Amending the Zoning of the

Peakview Planned Unit Development (2nd Reading)
7. NEW BUSINESS
A. Consideration of Award of Professional Services Contract: 37th Street and
47th Avenue Widening Design
B. Consideration of Award of Bid: 2019 Crack Seal Contract
C. Letter of Intent to Dissolve Intergovernmental Agreement with Weld County

for Joint Enforcement of Stormwater Management Programs
D. Consideration of Resolution No. 04-2019 A Resolution Approving an

Extension of the Reimbursement Agreement for Grapevine Hollow Non-
Potable Water System
E. Consideration of Resolution No. 05-2019 A Resolution Approving an

Amendment to the Rumsey-Werning Annexation Agreement Regarding
Water Rights and Water Storage
F. Consideration of an Agreement to Construct Storm Water Management

Structures in a Drainage Channel Owned by the Ashcroft Heights
Homeowners Association
8. REPORTS
A. City Manager
B. City Attorney
9. AUDIENCE PARTICIPATION (general comments)

Please review the Audience Participation section listed at the beginning of the agenda for
procedures on addressing City Council.
10. EXECUTIVE SESSION

A. To Receive Legal Advice and to Discuss Matters that May Be Subject to
Negotiations, Developing Strategy for Negotiations, and Instructing
Negotiators Involving the City’s Pending Litigation with the Pending
Advantage Bank Litigation, Pursuant to Section 24-6-402(b)(e)
B. To Receive Legal Advice and to Discuss Matters that May be Subject to

Negotiations, Developing Strategy for Negotiations, and Instructing
Negotiators Involving the City’s Pending Eastwood Village Litigation,
Pursuant to Section 24-6-402(b)(e)
11. ADJOURNMENT
CITY OF EVANS – MISSION STATEMENT
“To deliver sustainable, citizen-driven services for the health, safety, and welfare
of the community.”
It is the policy of the City of Evans that all programs and activities shall be accessible to, and usable by,
persons with disabilities. Persons needing assistance shall contact the Safety & Risk Management Specialist
at the City of Evans. Please provide three to five business day’s advance notice so we can adequately meet
your needs.
CITY COUNCIL AGENDA REPORT
DATE: February 19, 2019
AGENDA ITEM: 6.A
SUBJECT: Approval of the February 5, 2019 City Council Meeting Minutes

PRESENTED BY: City Clerk
___________________________________________________________________________
AGENDA ITEM DESCRIPTION:
Approval of minutes.
FINANCIAL SUMMARY:
N/A
RECOMMENDATION:
N/A
SUGGESTED MOTIONS:
"I move to approve the minutes as presented."

MINUTES
Regular Meeting
February 5, 2019 - 7:00 p.m.
1. CALL TO ORDER
Mayor Rudy called the meeting to order at 7:00 p.m.
2. PLEDGE
3. ROLL CALL Mayor: Brian Rudy – Absent

Mayor Pro-Tem: Mark Clark
Council: Sherri Finn
Alicia Johnson
Laura Speer
Fred Neal
Amanda Castle
4. AUDIENCE PARTICIPATION
Mr. Hector Espinosa from 3259 Barbara Ct, Evans addressed the Council.
Mr. Espinosa stated to the Council that his wife and him moved to
Colorado back in 2005 when they retired, and they are very concerned
because of the increases in prices of the water. For the last two years,
from one year to the next they have increase more than $100.00 and to
be on a fixed income is very difficult and is a big concern.
Council Member Johnson stated that she definitely shares his concern
regarding the rate increase and we are definitely trying to figure out if we
somehow can create some kind of program or in the future or take into
consideration our demographics with fixed income. Maybe in a form of a
rebate of some sort but we are definitely looking into it.
5. APPROVAL OF AGENDA
Council Member Speer made the motion, seconded by Council Member
Castle to approve the agenda as presented. The motion passed with all
voting in favor thereof.
6. CONSENT AGENDA
A. Approval of Minutes of the Regular Meeting of January 15, 2019
Council Member Fred Neal stated that the consent agenda indicates that at the last City
Council meeting that he objected to the liquor license for Sam’s Club on the basis of his
own opinion. But when he was going through the signatures on the petitions and he
noticed, and stated this, that there seemed to be no residents in his area South of 37th
Street in Ward 1 that were contacted by the survey committee and that is why he
objected, because none of his constituents were represented in this survey even though
they were within the one-mile radius and would like to see the minutes to be amended to
say that.
Mayor Pro-Tem Clark asked if we are able to amend the minutes to reflect Council
Member Neal’s statement.
Mr. Becklenberg stated of course and asked for Council Member Neal to specifically
state the change or we could work with him offline if necessary but if he could recap the
specific change in the minutes that he would like. Mr. Becklenberg asked if there was a
phrase or a sentence that needs to be changed?
Council Member Neal stated that the one-mile radius included sections of his ward and
by looking at the signed petitions there appears to be absolutely no signatures South of
37th Street in Ward 1.
Mr. Becklenberg asked Council Member Neal if that was the basis for his objection and
Council Member Neal stated yes.

Neal to approve the consent agenda as amended. The motion passed
with all voting in favor thereof.
7. NEW BUSINESS
A. Public Hearing – Consideration of Ordinance No. 689-19 An Ordinance
Rezoning Certain Property Referred Generally as the Peakview
Development from Commercial, Residential and Residential-Commercial
to Planned Unit Development
Mayor Pro-Tem Clark opened the public hearing at 7:06 p.m.
Mr. Becklenberg informed the Council that this is the first Council step in
the land use process in this project. This is the Peakview Subdivision
located generally in the area of 37th Street and South and West of the
Middle School at 65th Avenue and extends down to Two Rivers Parkway.
Given that this is the public hearing, the floor will be passed to Randy
Ready, Public Works and Community Development Director and Anne
Best-Johnson, Interim Planning Manager.
Randy Ready, Public Works and Community Development Director

informed the Council that the first step in this process before the approval
of the land use was to approve the Metro district back in October and
November of last year. There was a public hearing in front of the Planning
Commission on January 22nd. This is the first reading of the rezoning and
if you approve this tonight you will see it again at the second reading at
your next meeting. Then there will be preliminary plat review before the
Planning Commission and coming back to Council and the last step in the
rezoning will be the final plat review coming in either late march or early
April. This evening we do have a presentation from staff to accept the
stage for this project, describe the project itself, the review criteria, and
suggested recommended conditions of approval for consideration tonight.
The applicant also has a presentation to help you understand the vision
behind the project and what they hope to accomplish with this as they
move forward. Mr. Ready passed the floor over the Anne Best Johnson,
Interim Planning Manager.
Anne Best-Johnson informed the Council that we are going to walk

through the criteria for approval and the process for a change of zone.
This is the first step in the Land Use process, but it is not the first time
Council has heard about the development. Again, the Metro District was
approved in late fall and now we are going to entertain the change of zone
that is fairly close to what is already in the comprehensive plan. The site is
off of Two Rivers Parkway, 65th Avenue, and 37th Street. Tonight, you are
going to hear a request to change the zone of the property from
residential, which is in the buff, commercial, which is in red, and mixed
residential and commercial areas that are in the purple. What they are
wanting to do is they will have a commercial area here in red which is
complainant with the comprehensive plan. There are limiting site factors
on the property that really reduce the true usability of that commercial
area that is proposed in the comprehensive plan. There is a big wetland
that runs through this property and it puts a limitation on the acreage
available for commercial. You will hear that this will remain a commercial
intended use, but its smaller just because of the wetlands. The area in
purple will be for multi-family and everything else will be a mix of some
townhomes, some single family and the applicant can walk us through
their vision in just a little bit. This is complaint with the comprehensive plan
and other master plans that the City of Evans has adopted. A very key
component of this application is that natured intersection of 37th and 2
Rivers Parkway. This has the opportunity of really being the front door and
having the commercial component right on the corner has a great
opportunity for the future through economic development as well as
having the residential presence. The review criteria for a P.U.D. there are
actually two, a P.U.D. is above a standard change of zone, and the criteria
for approval in a standard change of zone is found in 18.04.170(b). When
an applicant wants to consider some of the flexibility of having a planned
unit development, you also need to meet the criteria found in the planned
unit development code. Staff has reviewed the application and presented
that to Planning Commission, Planning Commission voted indicated that
the criteria found in both code references were met. Notification was met,
referral agencies were met with or sent a referral opportunity. Mineral
notice per Colorado revised statutes were sent out by the applicant on
December 20th. It was published, pre-advertised for all the hearings, City
Council hearings as well as Planning Commission on January 9th.
Surrounding property owners were noticed on December 27th and posting
of the property was made with a sign on January 4th. That concludes the
staff presentation, setting the stage for the applicant to come up and
make their presentation.
Mr. Ken Puncerelli with LAI Design Group informed the Council that LAI
Design Group has been working on this project since about 2015 when
they first engaged on the project. With Mr. Puncerelli is Jennifer
Carpenter, with LAI Design Group, and the client Mr. Marc-Andre
Levesque with ORI Land. Back in 2015 they started work on this project
with a different group, they lost their funding and Marc-Andre’s group
picked up the asset and retained the firm to continue on with the project
and work with the City of Evans staff. They have worked with Fred Starr
and Sean Wheeler and others at the city on this project and due to there
being a changeover Anne has been awesome to pick up the ball and keep
it moving down towards the finish line. This cover page is actually one of
the parks that is being planned within the development. As described
earlier the intent of the P.U.D. is to allow them to develop the property in a
way that is very similar to the current zoning but different in a way that the
current ordinance allows for a mix of different housing types versus a one
stop shop. The intent is to develop a mixed-use master planned
community that is walkable, where they preserve natural features like the
wetland area that Anne mentioned earlier and to promote public interest
by integrating parks and trails and open space and community amenities
within this master planned community that are not only beneficial to the
resident of the community, but other residents of the City of Evans to
enjoy as well. As was identified earlier, the site is at the East end of the
town, they consider it a gateway property to the City of Evans. One would
ask why Evans, the market research has shown that there is a growing
economy in Northern Colorado which we have all experienced with oil and
gas, there is activity going on in Loveland and Fort Collins so you have
also got an affordability factor, you have two income families where
maybe someone is in oil and gas and somebody might work in Greeley or
Loveland. They see this as an ideal site and opportunity to enhance and
take advantage of that growth. This vicinity map essentially shows the
boundaries, there is 37th Street or Freedom Parkway, Two Rivers, to the
Western boundaries is 65th Avenue, and Legacy Middle School. One of
the things that you are keenly aware of is that this is the West edge of
town so there are not a lot of neighbors around there. They do have some
neighbors and what they have identified as distances to homes and
surrounding neighbors that are adjacent and nearby the property is
anywhere from a few hundred feet to a few thousand feet in distance. The
property boundary, one of the key elements, the area in green is the
wetland area. As this map shows they have some existing oil and gas
wells that are on the property and transmission lines, they have worked
with the oil and gas companies to plug and abandoned those wells, so
they can fully develop the property according to plans. You can see
telegraphically where the lines get closer together, that is where the slope
gets a little steeper which is adjacent to the wells. This month there has
been applications starting to plug and abandoned the various wells on
site. The property line goes kind of like an upside-down meat cleaver and
goes into an odd shape rectangle with a piece to the North. The oil and
gas wells that are identified on the map will all be plugged and
abandoned. The existing zoning that Anne showed earlier is what you see
on this map. The area all in yellow is residential and in the proposed plan
that you will see in a moment, it is proposed to be all residential again. On
the commercial piece, the property will shrink by virtue of the wetland area
because it could be zoned but it could never be realized for development.
Lastly, is the mixed-use commercial residential to the piece to the South
and that same type of zone district will remain. The proposed land use is
as follows: a commercial corner just about 20 acres, it is 19.32 acres
which will be large enough to provide adequate land area for a grocery
anchor retail. They think that over time, maybe not today but over time,
that will be an appropriate use for that corner, then you will see a series of
villages that are identified as P.A. for planning areas and they are
identified throughout the rest of the development. The areas in yellow are
intended to be residential of varying types, for example, the P.A.1 has
single family detach, so single family lots, it has townhomes as well. The
idea is as they go through all the villages, and you will see a masterplan
that essentially replicates the preliminary plat that will be before you in a
few weeks, you will see how the diversity of the neighborhood and the
richness of the different architecture that will be in the community kind of
comes to play in this master plan. Additionally, these areas in green are
intended to be opportunities for trails, parks, and various outdoor
recreation amenities. Another component of the development, this area in
orange is intended to be a community center for club house and
swimming pool facility for the development. Lastly, the corner parcel on
the West side that is in purple will be a multifamily parcel. Even though
the zoning identified a strip going all the way to the South, they saw that
given the fact that you have a ditch that comes along the Northern
property and continues on to the East, they saw that as an opportunity to
continue the recreation component and allow those agricultural uses that
are there today to continue on in the future without any disruption of
service to anybody. This is a comparison blow up, here is the existing
zoning and here is the proposed. You will notice the big difference here is
where the wetland boundary is in the dashed line that’s all in white, before
where the land area to the South is now in a green space and a
recreational component to the development. It is very similar and the only
things that really changed are not necessarily the land use but how they
use the land with different housing.
The overall development is just over 225 acres with a mix of residential
uses proposed. There will be 655 single family homes, 152 townhomes,
and 290 apartment units, and the 19.32 acres commercial site, 2 acres for
the community center, park areas which are different from open space are
24 acres in size, and wetlands and open space are 25.74 acres which is
almost 50 acres of land on this property for trails, parks, and open space.
In this master plan you might see townhomes developed here, the park
that was shown on the cover slide, and detention ponds. These lots that
are colored in the darker yellow are 62 by 110, the lighter color are 52 by
110, then some other lots that are single family lots that alley loaded
garages that front this minor collector, then here is a major collector that
ties our to Freedom Parkway. At one point in time in 2015, this piece of
property that is adjacent to Peakview was a part of the master plan and
that is subsequently not a part of this, however, in working with Public
works and Planning staff the intent there is to provide access to this parcel
for future access if it is ever developed. Additionally, they have provided
an access point to future City Park area that is just West of the Middle
School. As you can see they have townhomes at the northern front door,
then the mix of sixty-two 52 by 110 lots, 40 by 110, then 50 by 110 lots in
this neighborhood, here are the apartment neighborhood, here is the
wetland area, and the grocery anchored retail with some pad sites and
some inline retail right at the corner of 37th and Two Rivers Parkway. As
far as phasing goes, one of the aspects of this development is that they
are looking at is to make improvements to 65th Avenue biased on the
traffic study on what kind of improvements not just excel/decel lane kind of
improvements but there may be other improvements to 65th Avenue that
will be the responsibility of this development to contribute to other
improvements.
This filing area 1A will continue on all the way to 37th Street and you will
see that they basically have in this case an emergency vehicle access
going all the way to the North and once phase 2 and 3 kick in then this
area, as you can see in the blue, this area will be fully developed, those
roads so that its completely developed. There will be full lane movement
and paved, curb, gutter, sidewalk, landscaping, street scape, and all of
that. Phase 1 B once this first filing is built and they are starting on the
second, they will start on the community center and clubhouse in that
second phase. Then next the apartments the last the commercial. This is
kind of endemic of some of the different styles of the architecture you will
see, from ranch style homes to two-story two car garage, three car
garages depending on the builder. Some of the builders that they have
been talking to that they have letter of intent from include, Baessler
Homes which is a local Greeley builder, also have interest in and a letter
of intent from Montano Homes which is a small local builder in the Denver
Metro area that focus on more active adult style housing so they would be
very interested in this project because of all the amenities, and Thrive
Home Builders which is another regional builder who focuses on a lot of
alley loaded townhomes and single family houses. Then once commercial
comes on, there will be a good look and design standards with the intent
to create a walkable neighborhood for both commercial to housing to
parks to the school because there is intent for a pedestrian bridge to
connect to the school to the North.
Some other design elements include how we treat the parks and open
space and drainage areas with foot bridges and things like that. The park
at the first phase near the front door to the first phase will be equipped
with different playground equipment for various ages from 2-5 and 6-10 as
well as benches, shade structures to fully equip the park as well as
landscaping and free play areas that are lawn areas. They will be using
zero scape plant materials. One of the misnomers about zero scape is
people think that they are going to put a bunch of rock, but that is not the
case at all. Zero scape for those who don’t know is the indigenous plant
materials that are low water requiring and it looks nice and you would
never know the difference and think that it takes a lot of water when in
reality, you using the right plants in the right climate so you are not
pumping gallons and gallons of water. Mr. Puncerelli heard the gentleman
speak earlier about the water pricing and stated that they are also and so
they have made decisions to be conservative in water use for public
spaces. When it comes to parking lots and commercial areas, they will
have berming and/or hedges to screen the parking lots, so you can see
the buildings, the cars, and the people. All of the retaining walls if they
have any and detention ponds will be terraced so they are not big walls.
Fencing will have open rail and solid fencing. Sight furniture in either parks
or commercial areas will follow along with this style of furniture
vocabulary, and sight lighting throughout the development will follow the
standards that exist. That concludes the presentation and they hope
Council will look favorably upon the rezoning and look forward to any
questions they may have.
Anne Best-Johnson wanted to remind Council that tonight is just the paper
exercise of the chain of rezoning and while the applicant has gone above
and beyond to provide examples of what will be included in the preliminary
plan, tonight we are not voting on the design standards or any of those
items, they have showed a good detail analysis of what their intention is
but tonight it is just the change of zone. Also included in the materials are
conditions of approval for the change of zone and the applicant has
reviewed those and has indicated that they are in favor of them.
Mayor Pro-Tem Clark asked if there was anyone in the audience who
wished to speak in favor of the project.
Ms. Jennica Quesenberg from 3716 Salida Court, Evans stated she was
in favor of the project and would like to coordinate further with the
developer.
Mayor Pro-Tem Clark asked if there was anyone in the audience who
would like to speak in opposition of the project.
Mr. Richard Wiest at 4525 65th Avenue and he is not in the opposition to
this but he in the middle of it. He didn’t get the packet, so he called the
Planning Commission and right away is greeted with “oh you’re the
disgruntled man over to the South”, well he is not the disgruntled because
this is going to make him a pile of money. They are talking about fencing
so he is going to ask what kind of fencing will be going between the
development and his property directly South of it. He also wants to know
what kind of fencing is going to keep the children from Evans, the dogs
from Evans, the cats and trash, the motorbikes and bicycles off of his
property. He was at the planning commission and at the planning meeting
they were not talking about the fencing there. So, he is county and has
already talked with Milliken, he can go with Milliken, he can go with Evans,
he can stay County. If he stays county he can raise pigs which is going to
go on his North fence line and if he has to put a fence up similar to what is
out here on the town hall, the nice tin eight-foot fence. He is not here to
cause trouble because they will be making him a pile of money especially
with a King Soopers store that they talked about which he has not seen a
letter of intent. Anyway, that is his thing, he will even go this far, is the City
of Evans going to be responsible for the children that come on his
property, does he call the Evans police, he is in County, who does he
call? He is all alone and the only neighbor who has a problem with it, but
he is one person and he is going to have six hundred to eight hundred
homes here times two kids maybe three kids which makes eighteen
hundred kids and we are know what kids are going to do. That’s all open
space there, plus he also has an irrigation ditch that runs along there, and
he runs water back in there. We all know that little kids love water and the
kids are going to fall into the ditch. So, a kid drowns, does he call this guy,
does he call the Evans cop, or does he call the County Sheriff? That is
why he wants a fence there, and he thinks they suggested rail fence and
that is not going to keep kids out, plus trash in his ditch. Just one or two
paper cups a day can make a mess to irrigate. He is not against the
proposal, but he would like some respect, it is his property too. That’s their
property and they could put a hotel there if they wanted to, its their
property, but how about respect for his property, that is his main concern.
Another concern not for him but for Evans is that they need to do
something to the roads, you are going to bring in three thousand more
cars, 37th Street is a disaster, Two Rivers is overtaxed, 65th Avenue, he
lives he can see 65th and from 5 to 6:00 at night and some nights there is
526 cars, he can sit in his living room and count them. You are going to
add eighteen hundred cars two thousand cars and again, this is not them,
you guys need to get going on the roads and before you do something
this major. The other day he was over in Fort Collins way out in the farm
area they are ahead of the game.
Council Member Speer interjected and stated that Mr. Wiest’s points are
valid, but we are talking about the rezoning here today, however, she is a
member of the agraculture community, she understands all of his issues
and thinks that is something that they could address between the city and
the Peakview Subdivision, and that he has very valid concerns.
Mr. Wiest stated that he appreciates what she said but wants to know if
there is someway he can be part of this. Like he has said, they could put a
hotel there he doesn’t care, it’s just that he wants his property protected
from the kids, the bicycles, the motorbikes. He sees what Arrowhead is to
them, his neighbors, and the kids are a pain and nowadays both parents
work, and it used to be mom was home with them and she is not home
anymore, and he doesn’t want to be the parent. Again, no one has
answered if he calls the Evans police if those kids come onto his
property?
Council Member Speer stated that she doesn’t think that we have
answers for him and that he will need to be an active part of the
conversation and with our staff, they could probably stay active in this
conversation and to get his needs and concerns addressed.
Mr. Wiest stated to just remember that he has the other options which he
doesn’t want to do, but he thanks Council for their time.
Mr. Mike Carlson who lives off of the dirt portion of Rene Street, 65th
Avenue, and Two Rivers. When they built the school, Evans closed 65th
Avenue and forced all the cars to drive up his dirt portion of the road
which is only allowed to have 450 cars per day on a dirt road. The County
came out and actually put road closed signs across it to stop traffic, his
concern is when you were doing all the work to 65th Avenue, Two Rivers
Parkway, and even Freedom Parkway to keep the traffic still flowing and
not close it down like they did on 65th the little portion which was a year
and a half that they closed that section. So, his request is to please keep
the road open, even if it is one lane and design it so that it can handle
twelve or sixteen hundred vehicles coming out of this development. If you
look at Two Rivers Parkway, right at the top of the hill, there are mostly
cars there going between sixty and eighty-five miles an hour there and
someone is going to get killed on the entrance. He would like to make
sure that there will be plenty of turn lanes and merge lanes. He knows that
Two Rivers is supposed to be a four-lane road, and hopefully 65th Avenue
from here to the school will be four-lanes, and if he remembers right,
Freedom Parkway when a new development comes in, it has to go to 4
lanes. it would be a smart thing to do with this development, so we don’t
kill people.
Mayor Pro-Tem Clark gave the opportunity to staff and the applicants for
rebuttal. Anne Best-Johnson stated that Mr. Wiest did contact the City last
week and he indicated that he wanted to receive a copy of the power point
presentation but that he did not have access to email so the applicant was
contacted and instructed per Mr. Wiest to mail the application and she is
glad that he is here tonight because the intent definitely from the city to
hope that the applicant and their neighbors do work together. The
applicant did come up and meet with city staff last week, and she believes
that they are going to give some indication of the fact that they did listen to
their neighbors and how they incorporated some of those concerns into
the next steps.
Mr. Ken Puncerelli stated that he wanted to clarify a few statements that
were made by Mr. Wiest. Number one, they do not have a letter of intent
with King Soopers and he never stated that. He stated that they do have
letter of intents with builders, however that building footprint would easily
accommodate a King Soopers, a Safeway, or a number of other regional
brands of grocers. Secondly, as Anne mentioned, a packet was actually
mailed because they were told no access to email, didn’t want any phone
calls from them, he just wanted the packet, so unfortunately in this
situation do no have control over the US Postal Service, but is confident
that power point presentation that was at Planning Commission will arrive
at his home. One of the discussion points regarding fencing at one point
in time was a four-strand barbwire with no trespassing signs. Part of the
conflict that he senses in Mr. Wiest’s frustration is concern about what
might be, and frankly the fact that there are several hundred kids in the
middle school to the North and they haven’t found their way onto his farm,
he finds it hard to believe with all the amenities, parks, swings, and other
trail amenities that are going to be in this development that it will be
attractive to go South but they are open to having a conversation but do
not think that this is the forum to design a fence because we are just
talking about land use today, but are happy to sit down. In fact, they had
the folks that are neighbors that did receive emailed copies of the
presentation were invited to come and visit them at their office or arrange
another meeting and have not heard from anyone except today at around
3:45 a gentleman by the name of Erik Carlson who came up after the last
meeting and wanted to meet with them but was unable to schedule a time,
like he said tonight and at the Planning Commission, figure out what you
want to discuss and they will discuss it. A couple of other items still with
Mr. Wiest’s comments, 37th Avenue has a Freedom Parkway master plan,
as does Two Rivers. Their traffic engineer has looked at both of those
requirements, they have worked with Public Works staff. They will be
having turn lanes, excel/decel lanes, turn pockets, and all of the various
appropriate infrastructure that they are required to have as a result of any
impacts this development will have. In terms of trespass, this was
addressed at the Planning Commission, He has no control over
trespassing, so it is either a Weld County Sherriff’s issue as it is today or a
City of Evans issue, he is a planning and an architect, and he doesn’t
have the ability or authority to enforce a trespassing issue. Mr. Mike
Carlson’s comments turn lanes will be implemented as part of the
engineering plans, and he agrees that there is a hill to the Southwest of
the property and people probably do go flying through there currently.
However, there is no urban level development which this application
certainly proposes, but he thinks there will be a revenue generator for City
of Evans law enforcement because the first ten people who get a lottery
ticket from local law enforcement won’t speed anymore after they get
ticketed a couple of times or once. Keeping the roads open during
construction is a good idea and would not think that would be anything
they would propose to close any roads they don’t know what happened in
the past, but there are improvements that have already been made to 65th
Avenue, they would be adding to those and doesn’t think it would be their
proposal to close the road at all and they would certainly work very close
with Public Works to make sure that this development doesn’t cause any
hardship in additional traffic onto 49th Street. He has driven that road and
understands Mr. Carlson’s concerns. With that he concludes his rebuttal
to those responses and comments.
Mayor Pro-Tem asked Council if they had any additional questions for
staff or the applicant.
Mayor Pro-Tem Clark closed the public hearing at 7:52 p.m. and asked for
Council discussion.
Council Member Speer knows that this is the rezoning, previously Council
has approved the Peakview Subdivision, so she would like to keep it to
rezoning but would like for Council to go into further detail about some of
the topics that were discussed here and brought up tonight, especially the
fencing issues and most subdivisions do have fences around them, and
stated that she lives right next to a park with her farm, and there is a lot of
people that can’t stay in the park. Council Member Speer stated that she
does understand Mr. Wiest. But she does have to point out like Anne said
that we are talking about the rezoning issue with respect to talking about
some of these other things at a near future date maybe with our Planning
Commission.
Mayor Pro-Tem Clark stated that he agrees and supports the rezoning
and would definitely like for staff and the developers to continue
conversations with the neighbors to ensure a smooth transition.
Mr. Scott Krob, City Attorney, stated that he had two short comments.
One, it may be of assistance if Anne could point out to the people who
have expressed concerns if tonight is not the night that Council will look at
fencing, what stage is it that the Council will look at fencing and traffic just
so they understand that there is a process still down the road of when that
will happen and what that step is. Anne Best-Johnson stated that the next
stage is the preliminary plat and the preliminary plat has been accepted
and it is in process as well. The preliminary plat will go before the
Planning Commission on the 26th of this month, and then will come before
Council on the 19th of March. At that stage is where we will be looking at
the design stage and the traffic study and the fencing material more of the
design components with be with that preliminary. So, it has been
submitted, the public is welcome to come in and take a look at those
application files as well and the preliminary guide will be discussed at that
point in time also. Mr. Krob also wanted to touch on is that this afternoon,
Council Member Castle brought to his attention, and he appreciates her
doing that, that one of the clients of her employer is Peakview District and
so his recommendation is that she not participate in the discussion or the
vote tonight.
Ken Puncerelli stated that one last thing that he forgot to mention in the
presentation is that the reason that there is so much detail illustrated in
this presentation, is before Mr. Starr left the city, all of these applications
were basically going to be submitted on the heals of one another and
when Anne took over the project in order to properly manage it and give it
the attention that it deserved, she had them stagger these so that even
though you are seeing more tonight than you may normally see, the
master plan that he has shown this evening is a replica of what you will
see at preliminary plat. Before then they will work with the neighbors to
figure out a meanable solution, so they are not a burden to them and vice
versa.
Council Member Neal stated that he was present at the city council
meeting when the original land owner came to Evans asked for
annexation into Evans. That was a long time ago and he is glad to see
that it is moving forward into housing and hopefully some commercial
development. Council Member Neal would like to know if the applicant
considers the reduction in the commercial acreage if it will have an effect
because of the wetlands. Ken Puncerelli stated no it will not because
essentially the zoning line is like a property line, it’s an imaginary line that
they, Council, staff, planning picks and the fact that it went over the
wetland area, it’s kind of the old saying, you can never lose what you
never had and it was never developable anyway even though the zone
line went over that area, all they are effectively doing is doing some house
keeping with how those zone lines actually will be in the alley. Mr.
Becklenberg added that the 19.3 acres that is still reserved for commercial
is appropriate per many retail standards for a grocery anchored retail
center so its not arbitrary that is the size that we feel is important to have
as a marketable site there in the future when it is feasible in the market.
So, the 19.3 acres is very close to 20, which is a common guideline for
those shopping centers.

Johnson to adopt Ordinance No. 689-19 – An Ordinance rezoning certain
property referred generally as the Peakview Development from
Commercial, Residential and Residential-Commercial to Planned Unit
Development. Council Member Castle recused herself and the motion
passed with all others voting in favor thereof.
B. Ordinance No. 690-19 An Ordinance Amending the Zoning of the

Wernsman Subdivision Replat A – Request for Continuance
Mr. Becklenberg informed the Council that this is another rezoning

application regarding a property at the corner of 42nd Street and West
Service Road. This was an application heard at the January 22nd Planning
Commission meeting. At that meeting, this application for rezoning was
denied by the Planning Commission. Per our rules, there is sill a process
for an applicant to bring an application forward to the City Council, so we
have the staff detail record from the Planning Commission, but the
applicant has requested a continuance of the application and presentation
to the Council to the March 5th City Council Meeting. Mr. Becklenberg
stated that he thinks they are still thinking about how they would like to
proceed here. At that date we will have the minutes from the Planning
Commission meeting, so you will have that record and you may also have
this application if they chose to come forward.

Finn to grant the continuance for Ordinance No. 690-19. The motion
passed with all others voting in favor thereof.
8. REPORTS
A. City Manager
Mr. Becklenberg informed the Council that we had our second public
meeting focused on businesses on Hwy 85 engaging on the visioning
concepts presented to council a few meetings ago. There was a decent
turn out from some of the folks who had been engaged previously but we
are still on track to bring this back to you next meeting for final
presentation and consideration of that visioning document.
B. City Attorney
Mr. Scott Krob informed the Council that the Eastwood Village litigation
that the insurance council had asked for a continuance of the trial date
that was set for March and wanted to let Council know that the court
granted that motion and they are looking at dates in October for a two
week jury trial.
9. AUDIENCE PARTICIPATION (general comments)

There was no audience participation.
10. EXECUTIVE SESSION

A. To Discuss Matters that are Subject to Negotiation and Receive Advice
from the City Attorney on Specific Questions Related to the Weld County
Intergovernmental Agreement Regarding Storm Drainage Pursuant to
Section 24-6-402(b)(d)
B. To Discuss Matters that are Subject to Negotiation and Receive Advice

from the City Attorney on Specific Questions Related to the Second
Amendment to the Intergovernmental Agreement with the Central
Colorado Water Conservancy District for Storage of Water in Nissen
Reservoir Pursuant to Section 24-6-402(b)(d)
C. To Discuss Matters that are Subject to Negotiation and Receive Advice

from the City Attorney on Specific Questions Related to the Possible
Amendment of the Rumsey-Werning Annexation Agreement Pursuant to
Section 24-6-402(b)(d)

Johnson to adjourn into executive session at 8:03 pm to discuss matters
of that are subject to negotiation and receive advice from the City Attorney
related to the Weld County Intergovernmental Agreement, Second
Amendment to the Intergovernmental Agreement with the Central
Colorado Water Conservancy District for Storage of Water in Nissen
Reservoir, and the Possible Amendment of the Rumsey-“Werning
Annexation Agreement, Pursuant to C.R.S. 24-6-402(b)(d). The motion
passed with all voting in favor thereof.
Council reconvened into regular session at 8:25 p.m.
Mr. Krob noted for the record that the executive session that Council just
completed was within the scope of the statute and that he was present, so
they are subject to the attorney client privilege.
There was no action taken following the Executive Session.
11. ADJOURNMENT
The meeting was adjourned at 8:25 p.m.
AGENDA ITEM: 6.B
SUBJECT: Ordinance No. 689-19 An Ordinance Amending the Zoning of the

Peakview Planned Unit Development (2nd Reading)
PRESENTED BY: James L. Becklenberg, City Manager

Randy Ready, Public Works & Community Development Director
Anne Best-Johnson, Interim Planning Manager

The applicant seeks approval to rezone the property located south of and adjacent to 37th Street/
Freedom Parkway; east of and adjacent to 77th Avenue/Two Rivers Parkway and west of and adjacent to
65th Avenue from current Commercial, Residential and Residential Commercial to PUD for a mixed-use
development. The developer plans to build approximately 1,200 homes ranging from single-family to
multi-family and retain the corner of the property at 37th St. and Two Rivers Parkway (southeast) for future
commercial/retail development.
The first step in this process was completed last October/November when the metro district was
approved by City Council. This is the next step in the Zoning and Plat Approval process for this
property. There was a Public Hearing at the Planning Commission meeting on January 22, after
which the Planning Commission recommended approval of the zoning request. Council approval
at 1st Reading on February 5 will result in a 2nd Reading and request for ordinance approval at the
February 19 Regular City Council meeting. The Preliminary Plat will be reviewed by the
Planning Commission at its next meeting, followed by Preliminary and Final Plat review by City
Council at subsequent Regular Council Meetings. Project specifics such as lot configurations,
park locations, street configurations and other subdivision design elements will be determined at
these next stages of the process.
The Planning Commission staff memos and application material that were attached to the 1st
Reading packet material outline the key issues, policy considerations and review criteria relevant
to this application. Concerns raised by members of the public at the Planning Commission
hearing related to potential impacts caused by future residents and their pets on adjacent
properties.
For reference, Title 18.04.170 of the Evans Municipal Code identifies the process and procedures
that an applicant must follow in seeking approval to amend the zoning on a property, and Title
18-04.110 identifies the Review Criteria for a PUD. The purpose of the rezoning process is to
determine if the change is appropriate and will not have any negative impact on the City or its
residents. The City Council may disapprove any such request or may impose such conditions and
safeguards as may be required to maintain the intent of the zoning code.
On January 22, 2019 the Planning Commission held a public meeting to consider this proposed
rezoning request. Staff provided the Planning Commission with a staff report and analysis of the
proposed request which is attached for City Council reference and consideration. The staff report
includes an analysis of the request regarding the standards in Title 18.04.170 (Zoning
Amendments) and Title 18.04.110 (Planned Unit Development) in the municipal code. The
Planning Commission recommended approval of the zoning request with all four Commissioners
present voting in favor.
ATTACHMENTS:
• Attachment 1 - Ordinance No. 689-19
RECOMMENDATION:
Planning Commission recommends the City Council approve Ordinance No. 689-19 for PUD
Zoning at 2nd Reading.
SUGGESTED MOTIONS:
“I move to approve Ordinance No. 689-19 as proposed with the Conditions of Approval.”
“I move to deny Ordinance No. 689 -19 as proposed for the reasons as stated.”
CITY COUNCIL COMMUNICATION
February 19, 2019
AGENDA ITEM: Peakview Planned Unit Development, Case #18-PUD-01

PREPARED BY: Anne Johnson, Interim Planning Manager
ACTION: Consideration by City Council
CITY COUNCIL DATE: February 5, 2019 and February 19, 2019
SITE INFORMATION
The subject property is located south of and adjacent to 37th Street/

Location Freedom Parkway; east of and adjacent to 77th Avenue/Two Rivers
Parkway and west of and adjacent to 65th Avenue.
0959-29-1-00-005 (51.59 acres), 0959-29-1-00-008 (22.99 acres), 0959-

Parcel Number(s) 29-1-00-006 (68.34 acres), 0959-29-1-00-007 (15.72 acres), 0959-28-2-
00-017 (65.66 acres); 0959-29-1-00-004 (0.51 acres)
Property Owner ROI Land Investments
Applicant LAI Design Group/ROI Land Investments
Property Acreage 224.81+/- acres
Existing Land Use Vacant
Proposed Land Use Mixed Use, PUD
North Undeveloped
South Undeveloped
Surrounding
East School, City of Evans
Uses:
West
Undeveloped
Proposed: PUD; Current: Commercial (C-3), Residential and Residential
Zoning
Commercial
North City of Greeley
Surrounding South Unincorporated Weld County, Agricultural
Zoning East City of Evans, Residential and Commercial
West Unincorporated Weld County, Agricultural
Comprehensive Plan The 2014 Future Land Use Map designates the site as being appropriate
Future Use Designation for Commercial and Urban Residential uses
Overlay Districts None

PROJECT DESCRIPTION:
1. The applicant seeks approval to change the zone of the property from Residential, Commercial C-3
and Residential Commercial to PUD to construct a mixed-use development. A Preliminary Plat via
Case #18-SUB-01 has been submitted for concurrent review and processing for the mixed-use
development.
2. The subject property is located south of and adjacent to 37th Street/ Freedom Parkway; east of and
adjacent to 77th Avenue/Two Rivers Parkway and west of and adjacent to 65th Avenue. The 224 +/-
acre property was Annexed via the IGO First and Second Annexations.
3. The Metro District was approved by City Council in late 2018.
4. This is the first application to be considered by City Council. The next applications include
Preliminary Plat and Final Plat. A more robust Development Guide and Development Plan will be
provided with subsequent applications.
PLANNING COMMISSION:
The Planning Commission considered the request at a public hearing on January 22, 2019. Planning Staff will
provide a synopsis of their discussion for the City Council at the public hearing. The Planning Commission
voted 4 to 0 in favor of approval of the PUD Rezoning. Planning Commission did not include Staff’s
recommended Conditions of Approval in their motion.
ANALYSIS / ISSUES:
1. Rezoning and PUD Requirements: Attached for consideration is the Staff report provided to the
Planning Commission. It outlines the detailed staff analysis for this Rezoning approval request.
Approval of the request is subject to several provisions of the municipal code including:
a. 18.04.170 Review Criteria for a Change of Zone
b. 18.04.110 Review Criteria for a PUD
2. Assessment: Staff’s assessment is that this request has met (or can meet) the requirements of the
above cited chapters of the Municipal Code for a Change of Zone and a Planned Unit Development.
Historic use of the site has been in agricultural production as well mineral resource development (oil
and gas).
3. Comprehensive Plan: The existing Zone Districts of Commercial and Residential are consistent with
the proposed Zoning of PUD for Commercial and Residential Uses established in the Comprehensive
Plan 2014 Future Land Use Map. The request satisfies the requirements of the Evans Comprehensive
Plan for creating a diversity of residential neighborhoods in the City, with a goal to serve a variety of
income levels. Chapter 4 of the Comprehensive Plan outlines “Goals, Policies and Actions” to guide
land use decisions. Policy 1.1 – Actions on page 4-4 recommends revisions to the zoning map to
reflect the future land use map designations. The future land use map identifies the site for residential
and commercial uses. Based on the stated objectives in the Comprehensive Plan and the Future Land
Use Map designation, this request satisfies both standards for rezoning the property to PUD with
mixed-density residential and commercial uses.
4. Preliminary Plat: A Preliminary Plat has been submitted for review and will be presented to Planning
Commission and City Council at a future hearing date. During their presentation to City Council, the
applicant will provide an overview of their concept for the development.
STRATEGIC PLAN, FOCUS, GOALS:
This project relates most directly to three of the City Council’s identified strategic goals and objectives for
Evans:
1. Creating a Diverse Economy: The creation of diverse neighborhoods adds to the City’s economy by
increasing the population base that will utilize Evans businesses and contributing to the City’s tax base.
Enabling a site conducive to commercial land uses at a prominent corner allows for potential future revenue.
2. Creating a Self-Sustaining City: The use provides a mixed use and mixed density residential area along
with commercial land uses. The commercial land uses have the ability to draw from outside the community
as well as serve the needs of the residents of Evans. A variety of housing options provide alternatives for
Evans residents to live and work in the City.
3. Creating a Family-Friendly Community: The use provides for connection to adjacent future parks, the
school, and non-motorized connectivity through the development. A variety of housing will be an option for
families in different stages and economic backgrounds.
CONDITIONS OF APPROVAL:
A. Prior to Recording the Change of Zone:

1. The applicant shall confirm the minimum amount of open space, park space, and trails/sidewalks
that are intended to provide adequate access through the property as well as adequate recreation
spaces. Open space and park space shall include usable area, not only areas needed for stormwater
management.
2. Applicant will be required to provide evidence of ability to serve the development with public water
and public sewer.
B. Prior to Final Plat Submittal:

1. The applicant is required to update the Development Guide in accordance with Staff Comments and
the decision of City Council.
2. The applicant is required to update the 2015 Ecological Site Assessment. Any mitigating efforts
required as a result of the update will need to be incorporated into the Final Plat. A detailed analysis
and findings to support any changes from the Preliminary Plat to the Final Plat is necessary
components of subsequent Final Plat submittals.
3. Evidence of compliance with the U.S. Army Corps of Engineers is required with all future Final
Plat submittals.
4. Finalized Surface Use Agreements with all oil and gas operators on site.
5. The applicant is required to submit a full pavement design report to substantiate deviations from
minimum City standards for internal road construction.
C. Recommended City Actions should the PUD be approved:

1) City revises official zoning map
2) City revises the Comprehensive Plan Map including the Future Land Use Map to reflect the current
state post PUD Change of Zone approval.
DRAFT MOTIONS FOR AGENDA ITEM 7.A – ORDINANCE # 689-19
“I move to adopt Ordinance No. 689-19 on first reading along with Conditions of Approval.”
“I move to deny Ordinance No. 689-19 for the following reasons: ”

CITY OF EVANS, COLORADO
ORDINANCE NO. 689-19
AN ORDINANCE REZONING CERTAIN PROPERTY REFERRED

GENERALLY AS THE PEAKVIEW DEVELOPMENT FROM COMMERCIAL,
RESIDENTIAL AND RESIDENTIAL-COMMERCIAL TO PLANNED UNIT
DEVELOPMENT
WHEREAS, the City Council of the City of Evans, Colorado, pursuant to

Colorado statute and the Evans City Charter, is vested with the authority of administering
the affairs of the City of Evans, Colorado; and
WHEREAS, ROI DEV CANADA INC, (“the Applicant”), a Canadian

corporation organized as a national corporation, is the owner of certain property located
within the City of Evans and more specifically described on Exhibit A, attached (“the
Property’); and
WHEREAS, the Property is currently zoned Commercial (C-3), Residential

Commercial (R-C) and Residential (R-1); and
WHEREAS, the Applicant has filed an application with the City asking, in part,
to rezone the Property from Commercial (C-3), Residential Commercial (R-C) and
Residential (R-1) to Planned Unit Development (PUD); and
WHEREAS, the Application includes a draft development and plan guide that
staff has reviewed and determined meets the requirements of the Evans City Code,
including but not limited to Section 18.04.170.B.2; and
WHEREAS, staff has reviewed the Application and deemed it to be complete;

and
WHEREAS, staff has reviewed the Application and deemed it to satisfy all
requirements for a Planned Unit Development under the Evans City Code, including but
not limited to Section 18.04.110.B.
WHEREAS, the matter has been submitted to the required referral agencies for
comment and staff has determined that the Applicant has adequately addressed all
concerns raised by the referral agencies; and
WHEREAS, the Applicant has notified adjacent landowners and homeowners

associations concerning the Application, as provided in Section 18.04.170.C. 6; and
WHEREAS, the criteria that are to be considered by the Planning Commission
and the City Council in determining whether to approve an application to rezone a parcel
of land to PUD are set forth in Section 18.04.170D. of the Evans City Code. Those
criteria include:
1. A need exists for the proposal;

2. The particular parcel of ground is indeed the correct site for the proposed
development;
3. There has been an error in the original zoning; or
4. There have been significant changes in the area to warrant a zone change;
5. Adequate circulation exists and traffic movement would not be impeded by
development;
6. Additional municipal service costs will not be incurred which the City is
not prepared to meet;
7. There are minimal environmental impacts or impacts can be mitigated;
8. The proposal is consistent with the Evans Comprehensive Plan maps, goals
and policies; and
9. There is adequate waste and sewage disposal, water, schools, parks and
recreation, and other services to the proportional degree necessary due to the impacts
created by the proposed land uses; and
WHEREAS, following proper notice, the Planning Commission considered the

Application at its regular meeting on January 22, 2019; and
WHEREAS, based on the Application, referral comments, staff report,

representations by the Applicant, and public comment, the Planning Commission
considered the criteria set forth above and recommended approval of the Application;
WHEREAS, following proper notice, the City Council considered the Application
at its regular meeting on February 5 and February 19, 2019; and
WHEREAS, based on the Application, referral comments, staff report,

representations by the Applicant, public comment, and the recommendation of the
Planning Commission, the City Council considered the criteria set forth above and voted
to approve the Application subject to the conditions set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF

THE CITY OF EVANS, COLORADO AS FOLLOWS:
1. The Property is hereby rezoned from Commercial (C-3), Residential Commercial

(R-C) and Residential (R-1) to PUD, and the City Clerk is hereby directed to amend and
revise the City’s zoning map to reflect this change.
2. The draft development plan and guide is hereby approved in concept and it is
recognized the final development plan and guide will be approved with the Preliminary
Plat and incorporated into the records of the City as provided in Section 18.04.170.C.13.
of the Evans City Code.
3. The Council’s approval is subject to the following conditions, all of which shall be
satisfied before any permits will be issued in connection with this development:
A. Prior to recording the Change of Zone:

a. The applicant shall confirm the minimum amount of open space, park
space, and trails/sidewalks that are intended to provide adequate access
through the property as well as adequate recreation spaces. Open space
and park space shall include usable area, not only areas needed for
stormwater management.
b. Applicant will be required to provide evidence of ability to serve the
development with public water and public sewer.
B. Prior to Final Plat submittal:

a. The applicant is required to update the Development Guide in accordance
with Staff Comments and the decision of City Council.
b. The applicant is required to update the 2015 Ecological Site Assessment.
Any mitigating efforts required as a result of the update will need to be
incorporated into the Final Plat. A detailed analysis and findings to
support any changes from the Preliminary Plat to the Final Plat is
necessary components of subsequent Final Plat submittals.
c. Evidence of compliance with the U.S. Army Corps of Engineers is
required with all future Final Plat submittals.
d. Finalized Surface Use Agreements with all oil and gas operators on site.
e. The applicant is required to submit a full pavement design report to
substantiate deviations from minimum City standards for internal road
construction.
4. Severability. If any article, section, paragraph, sentence, clause, or phrase of this

Ordinance is held to be unconstitutional or invalid for any reason such decision shall not
affect the validity or constitutionality of the remaining portions of this Ordinance. The
City Council hereby declares that it would have passed this ordinance and each part or
parts thereof irrespective of the fact that any one part or parts be declared unconstitutional
or invalid.
5. Repeal. Existing ordinances or parts of ordinances covering the same matters

embraced in this ordinance are hereby repealed and all ordinances or parts of ordinances
inconsistent with the provisions of this ordinance are hereby repealed except that this
repeal shall not affect or prevent the prosecution or punishment of any person for any act
done or committed in violation of any ordinance hereby repealed prior to the effective
date of this ordinance.
INTRODUCED AND PASSED AT A REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF EVANS ON THIS 5th DAY OF FEBRUARY, 2019.
ATTEST: CITY OF EVANS, COLORADO
__________________________________ BY: ______________________________

Karen Frawley, City Clerk Mark Clark, Mayor Pro-Tem
PASSED AND ADOPTED ON A SECOND READING THIS 19th DAY OF

FEBRUARY, 2019.
__________________________________ BY: ______________________________

Karen Frawley, City Clerk Brian Rudy, Mayor
AGENDA ITEM: 7.A
SUBJECT: Consideration of Award of Professional Services Contract:

37th Street and 47th Avenue Widening Design

Randy L. Ready, Director of Public Works and Community
Development
Adam Hill, Civil Engineer

The City Council has identified widening 37th Street as its highest transportation priority. The
2018 Capital Improvements (CIP) Budget includes funding for Professional Services (design)
work relate to the 37th Street and 47th Avenue Widening within the City as part of the effort to
improve mobility and safety on 37th Street between 35th Avenue and 65th Avenue and on 47th
Avenue between 37th Street and the City limit line. The design of this project will comply with the
Freedom Parkway Access Control Plan.
Staff prepared a Request for Proposals (RFP) for the three phases of the project (Phase1--37th
Street from 35th Avenue to 47th Avenue, Phase 2--47th Avenue from 31st Street to 37th Street, Phase
3--37th Street from 47th Avenue to 65th Avenue). Completing the design work and getting
environmental clearance for all three phases will be more cost-effective than approaching these
phases as three separate projects. It is not in the best interest of the City to involve multiple
consultants with overlapping project interests. Moving forward with this direction, the City will
achieve the lowest pricing and best schedule for the overall work completion. The attached map
identifies the limits of the three project phases.
Per the City’s purchasing policies, this project was advertised in the Greeley Tribune and on the
Bid Net System. Proposal packages were opened on December 20, 2018 with six consultants
providing proposals for the 37th Street and 47th Avenue Widening Design Plan.
JUB Engineers, Inc. $1,857,717 Fort Collins, CO

RockSol Consulting Group, Inc. $1,357,511 Thornton, CO
Drexel, Barrell & Co. $1,069,585 Boulder, CO
JR Engineering $1,037,885 Centennial, CO
Huitt~Zollars $ 721,832 Denver, CO
TAIT $ 796,830 Loveland, CO
Staff reviewed all proposals and scored them appropriately. Based on proposal review and scoring
results, RockSol Consulting Group team is recommended as the preferred contractor. The RockSol
proposal was not the lowest priced, but it was the most responsive to all elements of the Scope of
Work in the RFP. In particular, the RockSol proposal most thoroughly addresses the work
processes needed for this project and goes into detail about how their team will ensure that the
roadway design will meet the Freedom Parkway standards. RockSol has a thorough understanding
of CDOT requirements, significant experience in similar projects, and the ability to ensure that the
City stays in compliance with the state and federal regulations relevant to this project. Finally,
RockSol best identified the steps necessary for the environmental assessment needed for the
project to proceed. The environmental clearance process is a long lead item that needs to begin
early and needs to be completed for all three phases of the project as one effort. This is reflected
in the RockSol project schedule.
Staff conducted reference checks on January 18, 2019 and all were found to be satisfactory.
FINANCIAL SUMMARY:
The 2018 budget includes $2,225,000 for the design of the 37th Street and 47th Avenue Widening
projects. The $1.36m cost for the RockSol proposal is significantly below the budgeted amount.
Since funding for the design of this project is included in the 2018 capital projects budget, staff is
requesting that these funds be carried forward for use in 2019-2021.
RECOMMENDATION:
Staff recommends that City Council approve the Professional Services contract with RockSol
Consulting Group, Inc. in an amount of $1,357,511 for all design work with a 10% contingency
amount ($135,752, to be accessed only with City Manager approval) to address any unforeseen
circumstances in the environmental assessment or design phases of the project. The agreement
would have a total not to exceed amount of $1,493,263.
The remaining budget for design services will be carried forward to be used for construction of
this project.
SUGGESTED MOTIONS:
“I move to award the 37th Street and 47th Avenue Widening Professional Services Contract to
RockSol Consulting Group, Inc. in the amount of $1,357,511 with a not to exceed amount of
$1,493,263 and to authorize the Mayor’s signature on the contract”
“I move to deny award of the 37th Street and 47th Avenue Widening Professional Services
Contract to Rocksol Consulting Group, Inc.”
ATTACHMENTS:
1. Map – 37th Street and 47th Avenue Widening Phases
2. RockSol Professional Services Contract
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AGENDA ITEM: 7.B
SUBJECT: Consideration of Award of Bid: 2019 Crack Seal Contract

Randy Ready, Public Works Director
Leon Blasco, Construction Inspector

The 2019 Capital Improvement Program (CIP) Budget includes funding for work related to the
crack sealing of various streets within the City as part of our overall street repair and
maintenance program. The Public Works department prepared a bid package for the Crack
Sealing work that is expanded over previous years. We requested bids for the lowest price per
pound utilizing $150,000 as our contract price. In addition to the crack sealing work, an add-
alternate of $25,000 for Mastic material price per pound was also requested. Crack sealing is the
primary first step to pavement repair, and Mastic material is utilized to fill larger cracks up to 3
inches wide or greater.
The application of both of these products will help the City to catch up on the first step to
pavement preservation throughout the street network. By issuing a larger contract we can
achieve a more cost-effective price for the overall work. The attached maps identify the streets
within the City that staff have identified for work to be done under this program.
Per the City’s purchasing policies this project was advertised in the Greeley Tribune, and the Bid
Net System. Bids were opened on February 6, 2019, with five companies providing bids for the
2019 Crack Seal work.
2019 Crack Seal Project

Company Bid Amount Add-Alternate Amount
Crasco, LLC $150,000.00 ($1.26/lb) $25,000 (1.90/lb)
Amer Pvmt Solutions $150,000.00 ($1.42/lb) $25,000 (4.50/lb)
Apex Pvmt Solutions $150,000.00 ($1.58/lb) $25,000 (3.74/lb)
A1 Rocky Mt Pavmt $150,000.00 ($1.74/lb) $25,000 (2.24/lb)
Straight Line $150,000.00 ($2.03/lb) $25,000 (2.65/lb)
Crasco, LLC based in Greeley is the low bidder for this project and a firm that the City is very
familiar with, since Crasco has provided crack sealing services in Evans for at least the last ten
years. Crasco is known for providing quality work at cost-effective prices. The bid price this
year is $0.24/foot less than last year’s price due to the increased quantities involved.
FINANCIAL SUMMARY:
In 2019, the budget for crack sealing work is $100,000 and the budget for pavement marking
work is $75,000 for a combined budget allocation of $175,000 within the Streets supplies and
services budget. The funding source for the increased amount of work will come from
combining this year’s pavement marking project funds into the crack seal project available
funding. Last year’s pavement markings were upgraded with longer lasting epoxy paint and the
markings were installed late in the year, so the wear will be minimal. Pavement markings related
to chip seal and overlay projects will be funded as part of those specific projects later this year.
RECOMMENDATION:
Staff recommends that the City Council approve the contract with Crasco, LLC with a total
expenditure not to exceed $175,000.00 for all work. This will provide the Public Works
department with the ability to accomplish as much work as possible with the funds available.
SUGGESTED MOTIONS:
“I move to award the 2019 Crack Seal Contract to Crasco, LLC in the amount of $175,000, and
to authorize the Mayor’s signature on the contract.”
“I move to deny award of the 2019 Crack Seal Contract.”
ATTACHMENTS:
1. Crack Seal Area of work vicinity maps
2. Crack Seal Contract Bid documents of low bidder
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AGENDA ITEM: 7.C
SUBJECT: Letter of Intent to Dissolve Intergovernmental Agreement with

Weld County for Joint Enforcement of Stormwater Management
Programs

Jessica Gonifas, CPA, Deputy City Manager
Randy Ready, Public Works Director

On February 12, 2013, the City adopted an intergovernmental agreement between the City and
Weld County for the joint enforcement of stormwater management program requirements for
several urbanized areas of unincorporated Weld County that are either adjacent to or enclaves
within the City. The IGA is included in the attachment.
Over the last 16 years, the County and the City have both made changes to the service levels of
stormwater management provided to their residents. After evaluation of the current practices and
staffing availability, along with discussions between City and County staff, there is mutual
agreement that the IGA has served its useful life and the County desires to take over these services
for its residents. Both parties agree that a termination of the IGA is appropriate at this time.
The attached letter provides the requisite 180 days written notice of the mutual intent to dissolve
the IGA in accordance with Section 1 of the attached IGA. The date of dissolution will be August
13, 2019.
FINANCIAL SUMMARY:
The City collects stormwater fees from the areas covered by the IGA totals about $60k per year.
At the termination of the IGA, the City will no longer collect those fees. The reduction in revenue
will be reflected in the 2nd quarter budget revision but has already been factored into the projections
for the year and rate increases that were adopted for 2019.
RECOMMENDATION:
Staff recommends that the City Council authorizes and directs the Mayor to sign on the letter
providing notice to Weld County of its intent to dissolve the IGA with Weld County for Joint
Enforcement of Stormwater Management Programs
SUGGESTED MOTIONS:
"I move to authorize and direct the Mayor to sign the letter providing notice to Weld County of its
intent to dissolve the IGA with Weld County for Joint Enforcement of Stormwater
Management Programs”
"I move to deny the Mayor’s signature on the letter to dissolve the IGA with Weld County for Joint
Enforcement of Stormwater Management Programs "
ATTACHMENTS:
• February 12, 2003 Intergovernmental Agreement with Weld County for Joint
Enforcement of Stormwater Management Programs
1100 37th Street | Evans, CO 80620 | 970-475-1170
February 19, 2019
Jay McDonald
Director of Public Works
Weld County
1111 H Street
Greeley, CO 80631
Mr. McDonald,
Since February 12, 2003, the City of Evans and Weld County have successfully worked together
through an Intergovernmental Agreement (“IGA”) for the joint enforcement of the stormwater
management program to several urbanized areas of unincorporated Weld County that are either
adjacent to or enclaves within the City.
Over the last 16 years, the County and the City have both made changes to the service levels of
stormwater management provided to their residents. After evaluation of the current practices and
staffing availability, along with discussions between City and County staff, there is mutual
agreement that the IGA has served its useful life and the County desires to take over providing
these services for its residents. Both parties agree that a termination of the IGA is appropriate at
this time.
In accordance with Section 1 of the attached IGA, the City is providing the 180 days written notice
of the mutual intent to dissolve the IGA. The effective date of dissolution will be August 13, 2019.
We appreciate the opportunity to work collaboratively with the County to successfully provide
these services to your residents.
Sincerely,
Brian Rudy, Mayor

City of Evans
RESOLUTION NO. 11-

2003
RESOLUTION ADOPTING AN INTERGOVERNMENTAL AGREEMENT WITH

WELD COUNTY FOR THE PHASE II STORMWATER PERMIT
WHEREAS,regulations under the Federal Clean Water Act 40 ( CFR 122.26)the (" Stormwater
Regulation")requires that stormwater from certain types of facilities be authorized under stormwater
permits; and
WHEREAS,in order to comply with the Stormwater Regulations,the City of Evans has prepared
a ApplicatiOn for submittal to the Colorado Department of Public Health and
General Permit
Environment (CDPHE)by March 10, 2003; and
WHEREAS, portions of Weld County adjacent to the City of Evans also fall under the
requirements of the Phase II Stormwater Regulations; and
WHEREAS, pursuant to CDPHE regulations, two or more jurisdictions may submit a joint
application for a stormwater permit that specifies which entity will perform which program areas or
sections of programs; and
WHEREAS,a designated urbanized area of unincorporated Weld County is either adjacent to or

are enclaves of the City in the same drainage basin; and
WHEREAS,the City and the County agree that it would be beneficial to both jurisdictions and
the citizens to enter into an Intergovernmental Agreement so the City can administer the six (6)
stormwater program specified in the regulations within the designated areas of the County;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANS, COLORADO:
Intergovernmental Agreement between the City

The of Evans and Weld County, Colorado
attached hereto is approved and the Mayor and City Clerk are authorized and directed to execute such
agreement.
PASSED AND APPROVED at a regular meeting of the City Council of the City of Evans on this
4th day of February 2003.
City
Clerk(~
AGENDA ITEM: 7.D
SUBJECT: Consideration of Extension to Reimbursement Agreement for

Grapevine Hollow Non-Potable Water System

Jessica Gonifas, CPA, Deputy City Manager

On August 5, 3003, the City entered into a reimbursement agreement with Fox Creek Development
Company for the Grapevine Hollow Non-Potable water system. The agreement states that once
final acceptance of the system took place, the City would collect a fee with the building permits
for the homes built in the subdivision and remit the proceeds to the Developer.
On August 19, 2008 the City Council approved Resolution 45-2008 which clarified further terms
of the reimbursement agreement and defined the surcharge amount at $2,500 per lot. Final
acceptance was on October 10, 2008.
The agreement specifies that the initial term of the agreement is 10 years with the option to renew
in five-year increments if requested by the Developer. The Developer has indicated they do wish
to extend the agreement.
FINANCIAL SUMMARY:
The balance of the reimbursement as of October 31, 2018 is $55,172. If the extension is approved,
staff will continue to collect the $2,500/unit surcharge and remit that to the developer until either
1) the balance is paid off or 2) the five-year extension expires.
RECOMMENDATION:
Staff recommends that the City Council approve the five-year extension to the Grapevine Hollow
Non-Potable System Reimbursement Agreement.
SUGGESTED MOTIONS:
"I move to approve the 5-year extension to the Grapevine Hollow Non-Potable System
Reimbursement Agreement”
"I move to deny the extension to the Grapevine Hollow Non-Potable System Reimbursement
Agreement”
ATTACHMENTS:
None
RESOLUTION NO. 04-2019
A RESOLUTION APPROVING AN EXTENSION OF THE GRAPEVINE HOLLOW

NON-POTABLE REIMBURSEMENT AGREEMENT BETWEEN FOX CREEK
DEVELOPMENT COMPANY, INC. AND THE CITY OF EVANS, COLORADO
WHEREAS, the City of Evans, Colorado (the “City”) is a home rule Colorado municipal
corporation, duly organized and existing under Section 6, Article XX of the Colorado
Constitution; and
WHEREAS, the City Council of the City of Evans, Colorado (the “City Council”),
pursuant to Colorado statute and the Evans City Charter, is vested with the authority of
administering the affairs of the City of Evans, Colorado; and
WHEREAS, the City of Evans and Fox Creek Development Company entered into an
agreement identified as the Grapevine Hollow Reimbursement Agreement for Non-Potable
Water Distribution System (“Agreement”), which become effective August 5, 2003 as referenced
Exhibit A and incorporated herein by this reference; and
WHEREAS, the City of Evans and Fox Creek Development Company, LLC entered into
a modification to the agreement on August 19, 2008 as referenced Exhibit B and incorporated
herein by this reference; and
WHEREAS, the Agreement was assigned to N& R Investment on September 15, 2008
as referenced Exhibit C and incorporated herein by this reference; and
WHEREAS, the Agreement provided, in part for the reimbursement of the Developer for
certain infrastructure and improvements for a term of 10 years, which expired on October 10,
2018 and allowed for a five-year extension if application was made by the Developer; and
WHEREAS, the Agreement had a reimbursement balance of $55,172 as of October 31,

2018; and
WHEREAS, N&R Investments has applied for a five-year extension as referenced in

Exhibit D and incorporated herein by this reference; and
WHEREAS, the City believes it in the best interest of the Citizens of the City to approve
the proposed 5-year extension, as set forth in the attached Grapevine Hollow Extension of
Reimbursement Agreement Exhibit E.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

EVANS, COLORADO AS FOLLOWS:
1. The foregoing recitals are incorporated herein fully by this reference.

2. The extension of the Grapevine Hollow Reimbursement Agreement, as set forth in
Exhibit E is hereby approved and the Mayor and the City Clerk are authorized and directed to
execute said extension on behalf of the City.
Resolution is held to be unconstitutional or invalid for any reason such decision shall not affect
the validity or constitutionality of the remaining portions of this Resolution. The City Council
hereby declares that it would have passed this resolution and each part or parts thereof
irrespective of the fact that any one part or parts be declared unconstitutional or invalid.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF

THE CITY OF EVANS ON THIS 19TH DAY OF FEBRUARY, 2019.
__________________________________ BY: ______________________________

2
N R Investments
t707 1" ArenueSuite101
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8.2019
Februarv
Ms JessicaGonifas
DeputyCity Manager
I 10037uStreet
Evans,CO 80620
DearMs Gonifas,
Per sectionIV.F in our GrapevineHollow t Agreementfor Non-PotableWaterDistribution

System,we arerequesting| five year agreement.
to thereimbursement
6Afzil"W*
RobertL. Childers
N&RlnvestmentPartner
EXTENSION OF GRAPEVINE HOLLOW REIMBURSEMENT AGREEMENT
This Extension Agreement is entered into between the City of Evans, a Colorado home rule
municipality (“the City”) and N and R Investments, a Colorado partnership located at 1707
61st Avenue, Suite 101, Greeley Colorado.
WHEREAS, the City of Evans and Fox Creek Development Company entered into
an agreement identified as the Grapevine Hollow Reimbursement Agreement for Non-
Potable Water Distribution System (“Agreement”), which become effective August 5,
2003; and
WHEREAS, the City of Evans and Fox Creek Development Company, LLC
entered into a modification to the agreement on August 19, 2008; and
WHEREAS, the Agreement was assigned to N& R Investment on September 15,

2008; and
WHEREAS, the Agreement provided, in part for the reimbursement of the

developer for certain infrastructure and improvements for a term of 10 years, which expired
on October 10, 2018 and allowed for a five-year extension if application was made by the
developer; and
WHEREAS, the Agreement had a reimbursement balance of $55,172 as of October

31, 2018; and
WHEREAS, N&R Investments has applied for a five-year extension of the

Agreement; and
WHEREAS, the City believes it in the best interest of the of the City and its
residents to approve the proposed 5-year extension.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND

OBLIGATIONS OF THE PARTIES, THE CITY AND N AND R INVESTMENTS
AGREE AS FOLLOWS:
1. The term of the Agreement is hereby amended to extend it by a period of five

years, to and including October 10, 2023.
2. Except as expressly amended by this Extension Agreement, all other provisions of

the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto entered into this Modification

Agreement on this ____ day of ______________, 2019.
SIGNATURES TO APPEAR ON FOLLOWING PAGE

CITY OF EVANS
_______________________________
Brian Rudy, Mayor
Attest:
__________________________________
Karen Frawley, City Clerk
Approved as to form:
__________________________________
Dan Krob, Assistant City Attorney
Approved as to substance:
__________________________________
James L. Becklenberg, City Manager
AGENDA ITEM: 7.E
SUBJECT: Amendment to Rumsey-Werning Annexation Agreement

Randy Ready, Community Development and Public Works
Director

The City entered into an annexation agreement in 2003 with the Werning family and the Rumsey
Land Company for approximately 909 acres roughly south of 54th Street Road between CR396
and CR35. The agreement included an exhibit (Exhibit E) outlining certain water storage
arrangements and consumptive water rights associated with the annexation of the property.
Specifically, the City had the right to purchase a minimum of 300 acre-feet of water storage and
80 acre-feet of Godfrey Ditch water rights at prices established in the Exhibit, plus interest. The
water storage part of the agreement was set to begin “within 30 days following completion of
annexation or at a date mutually agreed to by the parties” and the water rights purchase was to
occur “at a mutually agreed to date within 120 days of the effective date of the annexation.”
However, neither of the purchases were completed within the allotted time and now the current
owner of the annexed area and staff recommend that it would be in the best interest of both parties
not to proceed with the purchase of the water storage rights and water rights as described in the
agreement.
The purchase of the water storage and water rights anticipated that a sand and gravel operation
would get underway on the annexed property. That operation has yet to begin and the water storage
cells have not been created.
This annexation agreement amendment only pertains to the exhibit regarding water storage and
water rights. The only remaining section in Exhibit E that will remain in effect with the agreement
of the current property owner is the last section titled “Use Tax,” regarding the collection of a fee
in lieu of use tax for the aggregate that is extracted from the property. All other terms and
conditions of the agreement other than Exhibit E remain in effect.
FINANCIAL SUMMARY:
The financial obligations under Exhibit E of the annexation agreement have expired and neither
party will receive compensation.
REQUESTING FROM CITY COUNCIL:

Approval of Resolution No. 05-2019.
ATTACHMENTS:
1. Resolution No. 05-2019
2. Proposed Amendment to Annexation Agreement
3. Exhibit E of Rumsey-Werning Annexation Agreement
4. Map of Annexed Property
_____________________________________________________________________________
RECOMMENDATION:
Staff recommends that the City Council approve Resolution No. 05-2019 for an Amendment to
the Rumsey-Werning Annexation Agreement.
______________________________________________________________________________
SUGGESTED MOTIONS:
“I move to approve Resolution No. 05-2019 as proposed.”
“I move to deny Resolution No. 05-2019 for the reasons as stated.”

RESOLUTION NO. 05-2019
A RESOLUTION APPROVING AN AMENDMENT TO THE RUMSEY-

WERNING ANNEXATION AGREEMENT REGARDING WATER RIGHTS AND
WATER STORAGE
WHEREAS, the City Council of the City of Evans, Colorado, pursuant to

Colorado statute and the Evans City Charter, is vested with the authority of administering
the affairs of the City of Evans, Colorado; and
WHEREAS, the City previously entered into an annexation agreement dated

November 18, 2003 and recorded May 7, 2004 at reception number 3178302, Weld
County, Colorado (the Annexation Agreement); and
WHEREAS, the City Council has determined that it is in the best interest of the
City to amend the Annexation Agreement as provided in the attached Amendment to
Annexation Agreement/ Rumsey-Werning Annexations (the Amendment), more
specifically, not to proceed with the purchase of water rights and water storage rights as
provided in Exhibit E to the Annexation Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF

THE CITY OF EVANS, COLORADO AS FOLLOWS:
1. The Amendment to Annexation Agreement/Rumsey-Werning Annexations

attached hereto is approved; the Mayor is authorized and directed sign the Amendment;
and staff are directed to undertake all steps necessary to effectuate its purpose and intent.

Resolution is held to be unconstitutional or invalid for any reason such decision shall not
affect the validity or constitutionality of the remaining portions of this Resolution. The
City Council hereby declares that it would have passed this Resolution and each part or
parts thereof irrespective of the fact that any one part or parts be declared unconstitutional
or invalid.
3. Repeal. Existing resolutions or parts of resolutions covering the same matters

embraced in this Resolution are hereby repealed and all resolutions or parts of resolutions
inconsistent with the provisions of this Resolution are hereby repealed.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF EVANS ON THIS _____ DAY OF
__________________, 2019.
__________________________________ BY: ______________________________

2
AMENDMENT TO ANNEXATION AGREEMENT
RUMSEY-WERNING ANNEXATIONS
This Amendment to Annexation Agreement (“Amendment”) is entered into this ______ day of
2019, by and between the City of Evans, a Colorado home rule municipal corporation (“the
City”) and Dixie Water, LLC (“the Owner”). The City and the Owner are referred to collectively
as “the Parties”.
WHEREAS, on or about November 18, 2003 the City and the predecessors in interest of the
Owner entered into an Annexation Agreement: Rumsey-Werning Annexations (the Annexation
Agreement”) which was recorded in the records of Weld County on May 7, 2004 at reception
number 3178302; and
WHEREAS, the Annexation Agreement provided for the annexation to the City of certain lands
described in Exhibit A to the Annexation Agreement (“the Property”); and
WHEREAS, the Annexation Agreement also provided for the conveyance of certain water rights
and water storage rights to the City under terms and conditions set forth in Exhibit E to the
Annexation Agreement (“Exhibit E”); and
WHEREAS, the Owner is the current owner of the Property, including the water rights and water
storage rights described in Exhibit E; and
WHEREAS, the circumstances of the Parties have changed subsequent to the execution of the
Annexation Agreement in 2003; and
WHEREAS, the Parties have concluded that it is no longer in their interests to proceed with the
sale and conveyance of water rights or water storage rights as contemplated by Exhibit E; and
WHEREAS, the Parties agree to include the Use Tax provision to collect a fee in lieu of use tax
for the aggregate extracted from the property as a new Exhibit E (attached).
NOW THEREFORE, in consideration of the mutual obligations and releases set forth herein, the
Parties agree as follows:
1. Exhibit E, including any and all rights and obligations of either or both of the Parties as
set forth or provided in Exhibit E and Section 8 of the Annexation Agreement, either expressly
or by implication or otherwise, are hereby released, cancelled, vacated and of no further force
and effect.
2. The Parties mutually release each other from any rights or claims related in any manner to
Exhibit E and Section 8 of the Annexation Agreement, or the performance or non-performance
of the same.
3. All other provisions of the Annexation Agreement and all documents executed and acts
performed pursuant to the provisions of the Annexation Agreement shall continue and remain in
effect and are hereby affirmed by the Parties.
CITY OF EVANS
By: ________________________________
Brian Rudy, Mayor
ATTEST:
__________________________________
Karen Frawley, Evans City Clerk
____________________________________
[OWNER]
EXHIBIT E
USE TAX
1. To the extent the City is unable to collect its sales and/or use tax on aggregate extraction,
then in that event, Rumsey Land Co., LLC and/or assigns, agrees to pay the City $0.035
per ton of its sand and gravel royalty, as received by it.
AGENDA ITEM: 7.F
SUBJECT: Consideration of an Agreement to Construct Storm Water

Management Structures in a Drainage Channel Owned by
the Ashcroft Heights Homeowners Association

In 2011, the City of Evans made improvements to a primary drainage channel running along the
western edge of the Ashcroft Heights subdivision (and northwest of Ann K. Heiman Elementary
school, for reference). The channel connects storm water detention basins at the north and south
ends of the subdivision. The 2011 improvements were made without any agreement between the
City and the Homeowners Association (HOA) regarding access to the property, ownership of the
improvements, or future maintenance of the concrete “check dam” structures the were constructed.
Since then, in severe storm events, the structures and surrounding reinforcements have eroded
severely, with deep ruts and other damage resulting in channel flooding during severe storm
events. The damage has also rendered the channel a hazard for neighborhood children and
unmaintainable, as lawnmowers are unable to safely access the overgrown channel due to the
damage.
The HOA approached the City about the work it had done and requested that the City repair the
channel and structures that had been installed without contractual agreement or permission. At
this time the City and the HOA have negotiated a settlement of this issue whereby the City will
repair and restore the structures and surrounding reinforcements to their original designed
condition and maintain the structures for three years, after which the HOA will be entirely
responsible for the channel, the improvements, and all future maintenance. This arrangement is
documented in the attached agreement between the City and the HOA.
FINANCIAL SUMMARY:
The construction of the structures in the channel is estimated to cost $160,000, which is funded in
the 2019 storm water fund budget.
RECOMMENDATION:
Approve the agreement to restore the storm drainage structures.
SUGGESTED MOTIONS:
"I move to approve the Site Improvement and Access Easement Agreement with the Ashcroft
Heights Homeowners Association.”
"I move to deny the Site Improvement and Access Easement Agreement with the Ashcroft Heights
Homeowners Association.."
ATTACHMENTS:
None
__________________________________ BY: ______________________________

4
City Managers Weekly City Council Update
February 15, 2019
Communications • Staff is auditing/repairing/updating website the City’s www.evanscolorado.gov.
• Staff presented the first draft of the public awareness plan for street maintenance.
• Staff is editing the first proof of the 2018 Annual Report.
Recreation • Recreation staff met with volleyball coaches to receive feedback regarding
procedures to ensure the needs of each coach are being met. Great discussions were
had to keep staff moving in the right direction!
• Staff met with a dozen senior citizens to talk about all things Evans. This
information is going to be used to help the 150th Committee plan events and share
fun facts with the community throughout the year.
• Staff is gearing up for Parents’ Night Out – Valentine’s Day Edition!
Information IT News
Technology • IT has built a new virtual server for the upcoming Court Software installation being
managed by Liz Grant.
• This quarter, IT has configured and deployed about a third of the new computer
systems that were purchased to replace our aging hardware. We anticipate being
finished with the refresh project by March 31st. Thank you all for your support as
we work through this deployment.
• Chris Bragg had an opportunity to attend the Laserfiche Empower conference in
Long Beach, CA from Feb 4th-8th. IT will begin looking into several ways we can
expand the use of Laserfiche throughout the City to improve workflows, reduce
paper, and automate processes.
• As always, we thank you for continuing to submit all requests for support or
information to our helpdesk at helpdesk@evanscolorado.gov. Using this system
helps us support all of you more effectively.
GIS News
• Produced Traffic Control Map for Engineering
• Produced a precinct Map for City Clerk
7-Day Help Desk Update:
• Tickets closed This Week: 43
• Tickets created This Week: 39
Neighborhood • Staff communicated with property owners who had questions regarding special
Services assessments placed on their properties for outstanding citations.
• Multiple citations were issued for violations of trash, junk, and outside storage and
inoperable vehicles.
• Several on-street inoperable vehicles were tagged for removal.

35th Ave • Contractor submitted weather days for 3 days this week due to frozen subgrade.
Widening • Contractor is scheduled to pour 60CY of curb and gutter on Saturday 02/16/19.
• Centurylink has been out this week and completed the 25 pair splice on the south
end of the site. Existing wire and repeaters on site are no longer in service and are
scheduled to be removed by Centurylink by the end of the week.
Engineering • Staff opened bids for the 2019 Crack Seal Project on February 6th. The bid for
consideration will be presented at the City Council meeting on February 19th.
• Staff is currently working on identifying damaged concrete and damaged asphalt in
priority areas to be incorporated into the annual maintenance project contracts.
• Staff is working on compiling a MS4 Stormwater Manual and Permits to guide our
Stormwater Program for Construction Projects and to be compliant with EPA
regulations concerning new permit requirements that need to be met by June 2019.
• 37th Street Utilities Improvements Project – Bid opening has been extended to
February 20, 2019.
• 37th Street Utility Improvements & 37th Street Overlay projects Construction
Management - RFP’s deadline for submittal is February 15, 2019 at 3:00 p.m. at
the City Complex.
• Evans Ditch Measuring Flume – Staff is progressing with the review of the survey
and analysis report submitted by the consultant. Following consideration, staff will
meet with the consultant to discuss steps going forward for design alternatives.
• Staff is compiling information to be submitted to the State as part of the seven-year
update to the Water Efficiency Report.
• Staff met with RockSol this week to discuss clarifications on their RFP for 37th
Street and 47th widening design, plan to make recommendation to council at next
meeting.
• Staff is actively involved in providing support for incoming development projects.
• Staff is prioritizing storm water projects for design and construction in 2019.
• Staff met with Xcel, Comcast, and CenturyLink for utility work at the 31st Street
Access Control project.
Parks • Staff is completing preventative maintenance on all mowing equipment getting it
ready for spring.
• Staff is clearing out unwanted growth in detention ponds in our Parks.
• Staff cleaned graffiti from playgrounds.
• Staff is painting restroom interiors in the parks.
PW Operations • Staff performed preventative maintenance to all snow removal equipment.

• Staff repaired street signs on West Service Road, South Gate & Phlox.
• Staff repaired a water main break on Pleasant Acres Drive on 2/12/19.
• Staff completed 15 work orders and responded to 10 inquiries for items related to
water meters, high usage and new meter installation.
Waste Water • Staff continue to Hydro clean and camera inspect the sanitary lines in the Tuscany
Operations sub-division.
• Emergency repairs to the Ashcroft Draw 30” sanitary sewer line are underway.

Evans City Council Feb. 19 2019 Regular Meeting Packet

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Droits d'auteur :

Evans City Council Feb. 19 2019 Regular Meeting Packet

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Droits d'auteur :

If you would like to address City Council,

please place your name on the sign-up sheet

3. ROLL CALL Mayor: Brian Rudy

B. Consideration of Ordinance No. 689-19 An Ordinance Amending the Zoning of the

C. Letter of Intent to Dissolve Intergovernmental Agreement with Weld County

D. Consideration of Resolution No. 04-2019 A Resolution Approving an

E. Consideration of Resolution No. 05-2019 A Resolution Approving an

F. Consideration of an Agreement to Construct Storm Water Management

9. AUDIENCE PARTICIPATION (general comments)

10. EXECUTIVE SESSION

B. To Receive Legal Advice and to Discuss Matters that May be Subject to

CITY OF EVANS – MISSION STATEMENT

DATE: February 19, 2019

AGENDA ITEM: 6.A

SUBJECT: Approval of the February 5, 2019 City Council Meeting Minutes

"I move to approve the minutes as presented."

3. ROLL CALL Mayor: Brian Rudy – Absent

Council Member Speer made the motion, seconded by Council Member

Mayor Pro-Tem Clark opened the public hearing at 7:06 p.m.

Randy Ready, Public Works and Community Development Director

Anne Best-Johnson informed the Council that we are going to walk

Council Member Speer made the motion, seconded by Council Member

B. Ordinance No. 690-19 An Ordinance Amending the Zoning of the

Mr. Becklenberg informed the Council that this is another rezoning

Council Member Speer made the motion, seconded by Council Member

9. AUDIENCE PARTICIPATION (general comments)

10. EXECUTIVE SESSION

B. To Discuss Matters that are Subject to Negotiation and Receive Advice

C. To Discuss Matters that are Subject to Negotiation and Receive Advice

Council Member Speer made the motion, seconded by Council Member

Council reconvened into regular session at 8:25 p.m.

AGENDA ITEM: 6.B

SUBJECT: Ordinance No. 689-19 An Ordinance Amending the Zoning of the

PRESENTED BY: James L. Becklenberg, City Manager

AGENDA ITEM DESCRIPTION:

AGENDA ITEM: Peakview Planned Unit Development, Case #18-PUD-01

The subject property is located south of and adjacent to 37th Street/

0959-29-1-00-005 (51.59 acres), 0959-29-1-00-008 (22.99 acres), 0959-

Overlay Districts None

3. The Metro District was approved by City Council in late 2018.

A. Prior to Recording the Change of Zone:

B. Prior to Final Plat Submittal:

C. Recommended City Actions should the PUD be approved:

“I move to deny Ordinance No. 689-19 for the following reasons: ”

ORDINANCE NO. 689-19

AN ORDINANCE REZONING CERTAIN PROPERTY REFERRED

WHEREAS, the City Council of the City of Evans, Colorado, pursuant to

WHEREAS, ROI DEV CANADA INC, (“the Applicant”), a Canadian

WHEREAS, the Property is currently zoned Commercial (C-3), Residential

WHEREAS, staff has reviewed the Application and deemed it to be complete;

WHEREAS, the Applicant has notified adjacent landowners and homeowners

1. A need exists for the proposal;

WHEREAS, following proper notice, the Planning Commission considered the

WHEREAS, based on the Application, referral comments, staff report,

WHEREAS, based on the Application, referral comments, staff report,

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF

1. The Property is hereby rezoned from Commercial (C-3), Residential Commercial

A. Prior to recording the Change of Zone:

B. Prior to Final Plat submittal:

4. Severability. If any article, section, paragraph, sentence, clause, or phrase of this

5. Repeal. Existing ordinances or parts of ordinances covering the same matters

ATTEST: CITY OF EVANS, COLORADO

__________________________________ BY: ______________________________

PASSED AND ADOPTED ON A SECOND READING THIS 19th DAY OF

ATTEST: CITY OF EVANS, COLORADO

__________________________________ BY: ______________________________

DATE: February 19, 2019

____ BY:

____ BY:

____ BY: