After months of contemplation and discussion, the city council on Monday approved the first reading of an ordinance amending the municipal code concerning vehicle noise.
The ordinance would prohibit the use of compression engine brakes on U.S. 50 from First Street to Justice Center Road and set a tentative penalty of $500.
The City's Vision Committee discussed the topic of "Jake brakes" during the March 20 and July 17 meetings.
A new Section 1425, Unnecessary Vehicle Noise, added to the Model Traffic Code would read as follows:
"No person shall operate any vehicle in such a manner on a curve or turn or accelerate or decelerate such vehicle as to create loud and unnecessary noise or cause damage to the roadway" and "Prohibited use of compression engine brakes. Except as provided herein, the use of compression engine brakes shall be prohibited within the City boundaries, specifically along U.S. Highway 50 between 1st Street and Justice Center Road, provided that the City has erected signage identifying this prohibition. Engine brakes may be used only in emergency or life/safety situations."
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Councilwoman Amy Schmisseur said the use of compression engine brakes should be prohibited within the city limits.
"We are a residential community, and I think that part of the challenge that a lot of our residents have is the use of compression engine brakes," she said. "Given that later in Section 1425B, it states that 'engine brakes may only be used in emergency or life-safety situations,' I don't see any harm in restricting the use citywide."
Councilman Tim Dennehy expressed concern that limiting the use of Jake brakes could harm other businesses.
"I have no problem with quieting a Jake brake down and requiring that, but this is a lot of people's livelihood," he said. "We have a lot of trucks coming from other places; we start restricting even the timing of this, it could backfire if we start putting too many restrictions on Holcim."
He said safety also is a consideration.
Cañon City Chief of Police John Schick said it's better to always err on the side of safety. He feels it may not be responsible to limit the use of a mechanism that is designed solely to keep trucks under load under control.
"My concern is part of the city boundaries is Tunnel Drive, coming down out of that quarry, I think it's essential that those folks be able to use those brakes, particularly when they're under load," he said. "...And then again, coming down 50 into the city, that can be a concern for folks."
Residents in the Tunnel Drive area complained to the council on Monday and earlier in the year about the truck traffic and noise.
The council is considering looking at the permit that Fremont County has issued for Holcim, who uses the quarry at Tunnel Drive, and matching their time restrictions for truck traffic.
"I don't think it's enough," Schmisseur said. "...You're talking about heavy trucks going up and down that road essentially at all hours ... regardless, even if it is one o'clock in the afternoon and you are trying to enjoy the peace and quiet of your own home, you should be able to do that without having really unnecessary vehicle noise."
Schmisseur requested from city staff a list of what the city is working on to improve the quality of life concerns for the residents at Tunnel Drive, as well as their public safety concerns.
The council unanimously approved the proposal, knowing it may change at second reading once they receive more information that is expected to be brought forth by city staff.
Also during the meeting, the council approved a purchase and sale agreement for the W.N. Clark Station Property owned by Black Hills Energy. This property is the former site of the Black Hills Energy power generation facility that was built in 1897, closed in 2012 and demolished in 2014.
According to a memo from City Administrator Ryan Stevens to the council, the closure of the plant was a huge economic loss to the community and the site has been part of city planning efforts to reinvigorate the river corridor and turn it from what was once a industrial focus to a recreational and community amenity focus.
"The city completed the Arkansas River Corridor Master Plan in 2017 that envisioned the future of the entire river corridor including this site," the memo states. "The master plan calls for public access as this location includes but is not limited to parking, river walk trail, rafting take out, RV camping, and open space. Additional planning at a more detailed level will continue upon acquisition of the site."
The city will acquire Lot 2 which is 21.26 acres with several utility easements running through the property. Once the agreement is signed, a due diligence period will begin with an ending date of Dec. 20 and a closing date of Feb. 28 to gain approval from the Public Utilities Commission.
The city is purchasing the property for $425,000, which is in line with the appraised value, Stevens said.
The funds will be coming from a GOCO grant. The city has received GOCO funding of $544,150 and is using proceeds received from Black Hills for the sale of water rights for $258,650 as matching funds for a project total of $802,800. Specifically, the grant will pay for $300,000 in the acquisition cost with the balance of $125,000 coming from Black Hills water rights proceeds.
In other business, the council:
- Held a moment of silence and approved a commemoration for Library Director Suzanne Lasha, who worked for the library for more than 40 years. She died unexpectedly Aug. 7 at age 64.
- Recognized officers who were presented with Chief Commendations for their efforts in seizing firearms and narcotics and locating and apprehending a violent offender in three separate cases. Those recognized were Officer Austin Modlin, School Resource Officer Jorden St. Louis, Master Police Officer William Ownbey, Sgt. Nick Maul, Officer Michael Gordon and K9 Officer Zach Frey.
- Approved first reading of an ordinance calling for a special municipal election and community pool - sales tax ballot language.
- Tabled the Multi-modal Master Plan for the City of Cañon City to a future date to be determined
- Appointed Aaron Malejko to the Planning Commission.
- Appointed Fred Toney to the Board of Adjustment.
- Approved second reading of an ordinance appointing Larry Dean Allen as Municipal Judge and increasing his compensation for such services.
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