After months of deliberations and discussions, the city council approved on Monday in first reading a regulation amending the municipal code regarding car noise.

The ordinance would prohibit the use of compression engine brakes on U.S. 50 from First Street to Justice Center Road and establish a provisional fine of $500.

The city’s Vision Committee discussed the topic of “Jake Brakes” during meetings on March 20 and July 17.

A new Section 1425, Unnecessary Vehicle Noise, added to the Model Traffic Code would read:

“No person shall operate a vehicle on a curve or turn or accelerate or decelerate it in such a manner as to cause loud and unnecessary noise or damage to the roadway” and “Use of compression engine brakes prohibited. Except as otherwise provided herein, the use of compression engine brakes is prohibited within the City limits, specifically along US Highway 50 between 1st Street and Justice Center Road, provided the City has posted signs indicating such prohibition. Engine brakes shall only be used in emergency or life-threatening situations.”

City Councilwoman Amy Schmissur said the use of compression brakes should be banned within city limits.

“We are a residential community, and I think part of the challenge many of our residents face is the use of compression engine brakes,” she said. “Given that Section 1425B states further down that ‘engine brakes shall only be used in emergency or life-threatening situations,’ I see no harm in restricting their use citywide.”

City Councilor Tim Dennehy expressed concern that restricting Jake Brakes’ use could harm other businesses.

“I have no problem with putting a Jake brake on and requiring that, but that’s a lot of people’s livelihoods,” he said. “We have a lot of trucks coming in from other places. If we start to even restrict the timing of that, that could backfire if we put too many restrictions on Holcim.”

He said security also plays a role.

Cañon City Police Chief John Schick said it’s always better to be safe than sorry, and he believes it’s irresponsible to restrict the use of a mechanism designed solely to keep loaded trucks under control.

“My concern is that part of the city limits is Tunnel Drive, which leads out of this quarry. I think it’s important that people can use those brakes, especially when they’re under load,” he said. “… And on the other hand, that can be a problem for people driving down 50 into town.”

Residents in the Tunnel Drive area had complained to the municipality on Monday and earlier this year about truck traffic and noise.

The council is considering looking at the permit that Fremont County issued to Holcim, which uses the quarry on Tunnel Drive, and adjusting the time restrictions on truck traffic accordingly.

“I don’t think that’s enough,” said Schmisseur. “… We’re talking about heavy trucks driving up and down this road virtually 24/7… regardless, even if it’s one o’clock in the afternoon and you’re trying to enjoy the peace and quiet of your own home, you should be able to do that without having really unnecessary car noise.”

Schisseur requested that city staff provide a list of actions the city plans to take to improve the quality of life of Tunnel Drive residents and address their public safety concerns.

The council unanimously approved the proposal, knowing that it could be amended on second reading once it has more information, which is expected to be provided by city staff.

During the meeting, the council also approved a purchase and sale agreement for the WN Clark Station property owned by Black Hills Energy. This property is the former site of Black Hills Energy’s power plant, which was built in 1897, closed in 2012 and demolished in 2014.

According to a memo from City Manager Ryan Stevens to the City Council, the closure of the plant represented a huge economic loss for the community. The site was part of a city planning effort to revitalize the river corridor, transforming it from a former industrial site into a place focused on recreation and community amenities.

“The City completed the Arkansas River Corridor Master Plan in 2017, which envisions the future of the entire river corridor, including this site,” the memo states. “The master plan provides for public access as this site includes parking, a river hiking trail, rafting pullouts, RV camping, and open space, among other things. Additional planning at a more detailed level will continue after the site is acquired.”

The city will acquire the 21.26-acre Lot 2, which is interspersed with several easements. Once the agreement is signed, a due diligence period will begin with an end date of December 20 and a closing date of February 28 to obtain approval from the Public Utilities Commission.

The city is buying the property for $425,000, which is the appraised value, Stevens said.

The funds come from a GOCO grant. The city received $544,150 in GOCO funds and will use proceeds from the $258,650 sale of Black Hills water rights to match funding for a total project cost of $802,800. Specifically, the grant will cover $300,000 of the initial cost, and the remaining $125,000 will come from Black Hills water rights revenue.

Other Council matters:

• A moment of silence was held and a memorial service was approved for Library Director Suzanne Lasha, who served the library for more than 40 years. She died unexpectedly on August 7 at the age of 64.
• Distinguished officers who were awarded a Chief Commendation for their efforts in seizing firearms and drugs and locating and apprehending a violent offender on three separate occasions. Recipients 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 providing for a special election for municipal elections and a municipal pool – sales tax ballot language.
• The Cañon City Multimodal Master Plan has been postponed until a later date to be determined.
• Aaron Malejko was appointed to the Planning Commission.
• Fred Toney was appointed to the Board of Adjustment.
• Approved the second reading of an ordinance appointing Larry Dean Allen as city judge and increasing his compensation for such services.