Cañon City Council rejected a state-mandated wildfire resiliency code at their March 2 meeting despite an April 1 adoption deadline, with the ordinance failing 4-3 on first reading amid concerns about economic impacts on working-class residents. The council also addressed a major contamination incident involving 28,500 gallons of sludge illegally dumped into irrigation ditches by a CDOT contractor since December 2025. The board scheduled a special March 5 meeting to decide whether to preserve the Lincoln School site for a proposed swimming pool or allow the school district to proceed with $250,000 in restoration work. Council Member Pamela Simmons announced her resignation citing family and business demands.
Wildfire Code Fails First Reading
The council’s rejection of Ordinance 2, Series 2026 leaves the city at risk of losing state funding and facing higher insurance rates, according to officials who warned the state will “tag” non-compliant communities. The ordinance would have adopted the 2025 Colorado Wildfire Resiliency Code as mandated by SB23-166 and SB25-142, requiring building hardening measures in designated fire-risk areas.
Council members opposing the ordinance argued the requirements could add $10,000-$20,000 to home construction costs, with one member saying the costs would be borne by residents rather than absorbed by the system. Council members questioned whether citywide application would meaningfully reduce risk in a community where most of the central city is unclassified and wouldn’t face requirements.
Council members supporting the ordinance cited personal experience with fires prompting evacuation warnings near Dawson Ranch and noted homeowners in that area have already had insurance canceled due to fire risk. Supporters warned failure to adopt will impact insurance rates citywide, potentially doubling costs for all residents.
The ordinance primarily affects portions of Dawson Ranch, hogbacks along North 5th Street, and outlying areas near county boundaries. City Attorney Kathryn Sellars said challenging the mandate through home rule authority carries “substantial risk” and would be expensive with unpredictable outcomes. The ordinance will return to the March 16 council meeting after staff consults with the county and fire district about their implementation approaches.
CDOT Contractor Dumped 28,500 Gallons Into Irrigation Ditches
A resident reported that C&L Construction, working under CDOT supervision, dumped approximately 28,500 gallons of contaminated sludge containing oil, grease, and hydrocarbons into irrigation ditches since December 2025. The company admitted dumping into the wrong culvert, but both laterals 32 and 33 are irrigation ditches inappropriate for waste disposal.
The dumping, discovered February 11, involved four loads daily at 2,500-3,000 gallons per load. Material visible as floating grease and oil potentially entered Four Mile Creek 150 feet away and flows toward the Arkansas River through the Oil Creek ditch system. Multiple residents testified their properties face contamination, forcing a choice between closing head gates to flush contamination downstream or irrigating fields with polluted water.
Public Works Director Leo Evans said the city stormwater coordinator inspected the site on county property affecting city irrigation systems. CDOT shut the project down for five days and required the contractor to file an illicit discharge report with the EPA. The mayor referred the matter to the Public Safety and Quality of Life Committee meeting Wednesday at 4 p.m., with staff directed to inspect other potential discharge areas citywide.
Council Schedules Special Meeting on Pool Site Decision
The council will meet March 5 at 5:30 p.m. to decide whether to preserve the Lincoln School front lawn for swimming pool parking or allow the school district to proceed with $250,000 in restoration work that expires in May. The decision would determine whether the city builds the pool on the site after lawn restoration.
A council member provided an update showing ongoing work to close a $500,000 annual operations and maintenance funding gap. The facility would cost $1 million yearly to operate while generating $500,000 in revenue. The recreation district committed $50,000 annually from former Ichabod Pool savings, with an estimated $60,000 in CTF dollars potentially available.
The pool subcommittee is exploring funding options including parking meters in visitor lots, cost-sharing with the recreation district for parks maintenance, recreational marijuana sales requiring voter approval, or asking voters to fund operations 5-10 years after the pool opens. Sales tax collections have generated $1.5 million to date, with approximately $740,000 spent on consulting for 50 percent design completion. Voters approved a $23.8 million bond authorization and 0.3 percent sales tax but defeated an operations funding measure.
Emergency Management Warns of Historic Wildfire Risk
Emergency Management Coordinator Mykel Kroll warned the city faces severe wildfire danger with snowpack at 43 percent, the lowest level on record. “One chain dragging, one cigarette being flipped out, one lightning strike, one power line coming down—we’re primed for an incident this year,” Kroll said.
Black Hills Energy implemented the first-ever power safety shutoffs for fire prevention, similar to California’s approach after the Paradise Fire destroyed 11,000 homes. The city offers generator loans for medically dependent residents and reflective address markers for $25 to improve emergency response times.
Kroll urged residents to sign up for Everbridge emergency notifications at CRCA.gov, noting cell phones must opt in while landlines are automatically included. The What3Words app provides precise geolocation using three-word identifiers for 10-foot grid squares, integrating directly with FreComm dispatch. Kroll noted the city has acquired over $3 million in grants during eight years, saying mitigation spending saves fifteen dollars in recovery for every dollar spent.
Building Code Changes Sought for Soils Testing
Lester Lamone of P3 Communities Incorporated requested the council repeal universal soils testing requirements that add $4,100-$5,800 to every project regardless of size. Current code requires geotechnical evaluation by a professional engineer for all construction except one-story garages under 800 square feet, with Lamone citing an 80-square-foot porch addition where testing represented 27 percent of project costs.
Lamone argued licensed design professionals should determine when testing is appropriate based on site conditions like proximity to ditches, mining areas, hillsides, or flood zones. “City shouldn’t protect us from ourselves,” Lamone said, noting commercial buildings of unlimited size don’t require universal testing. The mayor referred the request to the Economic Development Committee.
Council Member Simmons Resigns
Council Member Pamela Simmons announced her resignation at the meeting’s end, saying family and business demands prevent her from giving the position adequate time and attention. “Shortly after the election, my world took several drastic turns,” Simmons said. “My community deserves better than I can devote right now.”
Mayor Phil Lund thanked Simmons for her service and expressed support for her situation. The resignation creates a vacancy on the eight-member council.
Other Business
The council approved Royal Gorge Mountain Park Trails Committee appointments including two youth members ages 14-18, marking the first city committee with a youth requirement. Council members Amy Schmisseur and Jeremy Reeves will also serve on the committee.
The council authorized $10,350 for two police dog teams to attend 10-week training at MarathonK9 Academy and approved $1.09 million in cash disbursements including $500,000 to Visionary Broadband for an ARPA-funded project. The Economic Development Committee heard presentations about using a regional building department to improve permitting services.
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