City Council - Regular Meeting

Um they reached out to us in November of last year about an easement to connect the work they're currently working on now and their existing valve station um just to the west of the roundabout. And so um they came to us in November and originally um came to the city with a valuation at 58 cents per square foot with a 50% easement burden. Um so an easement burden generally is how they go about calculating the value the city receives. That easement burden is based on a number of factors. Generally how much the proposed easement would impact future use. Um so in January the city went and um contracted with an outside firm to do a valuation looking at uh similar properties in the region um and recent sales data. Um so we went back to Atmas with a an updated counter proposal at $143 cents per square foot and an 85% easement burden. Um basically because there there was some concern that you know this could impact how the city may have um ingress or egress from the Arrowhead Open Space Park itself right at the corner there um of the roundabout. And so um this this sale is subject to city council approval. So, we came back to them with these updated terms. They have tenatively accepted. Um, but we have have basically brought the offer up from $1,200 to just under 5,000. Um, using the valuation as a as a point of reference. So, happy to open questions. Um, this easement would go into effect after the second reading at Next City Council if approved today. Thank you.

Great. Thank you, T. I appreciate it. All right. Any questions or comments of staff? There you go. Council me Ty. Uh, is there a specific reason why they came to us with this uh so late because they it's been talked about for months that they were going to do this. It seems like it's a little bit last minute to request an easement from us.

Yeah, they did come to us quite a few months ago and there was some back and forth. The the valuation work took a little bit of time. Um we wanted to make sure we were getting fair value for a property. As council is is aware, they kind of came with three separate projects. U well maybe even four. First on 35th A, then at on 37th um west of the roundabout. Then since they've come back and they've been working on the south end of 37th. So this is that connector between them. We were always aware that they would be seeking this easement. Um we just wanted to make sure that you know we had all the documentation in place and we were getting fair market value. U there was some surveying work done. So that's probably that's that's why this one is is coming to city council a little later than the rest of of the you know work they've been doing. But from from what has been shared with us, they're planning to to pour through this connection. Um, so you know, it's it's not the fact that it's happening afterwards is is not a huge problem from an operational standpoint.

All right. See, no addition. So you indicated that they're going to I see the pipe. So how are they going to get that underground from which area?

Yes. So, um, Sean would probably be the the best point contact, but what has been shared with me was they were connecting the, um, the lines south of 37 on the south side of 37th Street near the Multi-use trail boring under, you know, where the roundabout becomes Arrowhead Drive into Arrowhead Open Space Park, that um, that corner right on the the southwest side of the roundabout. And then from there they would bore it under 37th Street to their existing infrastructure uh just north of 37th west of the roundabout. And if you want to look at um in the

the exhibit A and B show the the permanent easement and the temporary construction easement. So exhibit A is showing that center line of of exactly where the the pipeline will run underground. And then exhibit B shows to the two parcels um on both sides of the permanent easement where they will potentially impact or just need access to for from a construction standpoint. So those pipes are going to go west. They're not because I know they're on the east side currently, but they're just stationed there for the for now and they're they're going to those are being used west of the roundabout. Is that what you're saying?

So those that you're seeing staged out there are are being put into the ground right along the south side of 37th Street and then they will continue under Arrowhead Drive into the corner of Arrowhead Open Space where then they will um redirect back north because that's where Atmas has their existing infrastructure. I don't know exactly some sort of I guess that's what I mean I see this but I'm just I'm kind of like visualize it in my head so I apologize. So where are the ones that are staged right now? So they're going to on the area where the um roundabout is and then go east with it underground.

So Sean New can can chime in here. I think this is actually going to be their last part of their project. So the work that's happening out there is is a bit separate from this. It is it's going to take the work happening south of 37th east of the roundabout. It's going to connect under Arrowhead Drive after that section's in the ground and then they'll they'll cross 37th Street to the north that I and I guess that's where that's where my confusion lies because I know we were petting going west but I see

pipes on the east side of it and so I'm just curious. I'm like is that going to if are they going to bore on newly constructed areas? That's what I'm concerned because it's already done. Is that going to happen? So there's been a little change of plans uh but for for you know as you said you're a visual person so I want to explain that on 37th both on the north uh lane and the south lanes their lines the existing lines are on the north lanes the westbound lanes and the the lines that they are planning to install are going to be on the south lanes the eastbound lanes um the existing valve that has it's on the northwest corner of the roundabout and 47th. The previous plan had been and that plan has changed since 2:00 this afternoon. So, the previous plan had been to go from the northwest corner of the roundabout, go south um in the um Evans Open space area and then turn um east to meet up with the lines that are currently being installed. However, there's been some issue with traffic closures and stuff like that. So, since then, Atmas has changed their plans. Now, what they want to do is start at the northwest corner and cross um 47th north of the the the roundabout and then come east and then come south from the northeast corner and meet up with the lines that are being installed currently.

Okay. So with that said, yes. Are they gonna So are they going to disturb any of the new construction?

Yes. So that's a great question. So we we addressed those issues with Atmas as of today, uh 2:00. So they do have some potholes on the sidewalk that they're going to fix. from that in addition to that eastbound lanes. So we have And that's part of their purpose.

I have taken All right. Thank you. Appreciate it. All right. Next item. Report. City manager.

Yes. Mayor C. Just a couple things for you tonight. Reminder that the city attorney interviews are schedu for this Friday, March 6th. They'll begin at 10 a.m. Uh the day will conclude the debriefing to all panelists human resources distributed candidate resumes and interview this afternoon. So please take a look your email if you have any questions by all means reach out to answer questions. Um and then an update on a couple projects we have going on right now. the last couple months, we've been pushing it pretty hard on the 49th 49th Street uh ditch repair, but al and also the 42nd Street ditch repair. Uh so we have the 49th Street uh ditch repair uh nearly completed. The the street is back open. The ditch is ready for water uh at 49th Street. Uh we have jersey barriers in place until the guard rails are installed by the contractor. So that's something that Shantenew is working on. Uh we've been pushing for March 16th uh to make sure that water is flowing in the ditch before uh before that time. So uh 49 street's moving along. Jersey bar is in place. A little bit more work to do with uh the guard rails. 42nd Street the contractor GLH has mobilized. So they mobilized yesterday. Uh and Shantoon informed me that they started working today. So that's about a 10 uh about a 10day project. So once they once they get going that will move move along pretty quick. Uh and again with 42nd Street, we're shooting for uh we're shooting for that March 16th uh deadline. So both projects are moving along. 49th Street is nearly complete. 42nd Street is under construction. Uh and we expect it to be done by by the middle of March. Um on my next city uh city manager update, I'll have uh more updates for you on 37 street phase three uh state street some of the uh other

projects we've been tracking uh to keep that project those projects moving along. I also plan at the next city council meeting to bring some information back to you guys regarding u BT construction stay street sanitary sewer um I'm sorry not stay street the east side storm sewer uh as we've discussed in previous So, all those projects uh continue to move along and uh I am excited to to finally have traffic back open on 49th Street for the first time in about a year. So, it's been it's been a long time coming, but uh Johnson and Tide uh they did a great job pushing that project along. So, Mr. Mayor, that's all I have this evening. Great. Thank you, Cody. Appreciate it. City attorney.

Thank you, mayor, council members. Um, I gave you pretty uh a pretty good list of things we were working on at the last meeting. Those all still seem to be in process. We've got a couple more uh challenges that have been presented to us since then. Some that relate to the NIS project and the future of the city in connection with that project as well as uh some issues on the mountain tracks annexation. So, we'll be addressing those in the upcoming meetings as well. Awesome. That's it. Hey, thank you, Scott. Appreciate it. I'm sorry. Mountain tracks. Mountain. Okay. Thank you. Sorry.

Yeah, hear you. It's all good. All right. Thank you, Scott. All right. Next item. All right. Council discussion. All right. So, first of all, I want to thank Kyle, Chris, and Jeff for their hard work on the committee there to for the city attorneys. Looking forward to the interviews. Looks like we have at least three great candidates that we're going to be interviewing on Friday. So, I really appreciate your hard work on that. Um, I apologize for having to cancel the uh town hall at the last minute. We'll reschedule probably to the uh at the end of the month after we we have a lot going on this month. So, it probably be the last Thursday of of March. Um, looking forward to the chamber dinner Saturday night. So, that's going to be a good event. Um, and other than that, that's all I have. I'm not seeing anybody else up there for council discussion. So with that being

sorry, uh I just wanted to give you a quick update. Uh finance committee met and uh we were discussing some of the language in the finance policies. Um so you you can expect to see that coming up to you. Um I think we're making some really good progress particular in terms of uh purchasing. Um and uh I just want to thank the finance uh team because I what they brought to us was really good good catches. So that's all I had. Thank you. Council member, Council Member Johnson,

I just wanted to state that I'm not going to be at the Friday meeting due to the change in dates. Um that date doesn't work for me. So I'm just looking forward to um what comes who is selected. um you know all great candidates and I'm sure you all will do a fantastic job and also I was not able to make it to the strategic meeting on the 24th so I would you know also look forward for information on that and see what you all felt about that meeting um uh some insight it would be fantastic and that's all that's all I have thank you council member fair

at our last uh council meeting we briefly discussed uh some how the road ahead dollars would be used and how they're prioritized throughout the city. Um, and I feel like there was some ambiguity as to how that works and you know, is it maybe subject to um, council influence or some of that? And I just want to clarify that my position is that I want road maintenance in Evans, the road ahead dollars to be based on the pavement condition index and the professional expertise of our our engineering director and city manager in that regard. Um, 49th Street, I think, was the primary topic we were talking about and um, I think I just want to state early in that process that I'm fully in favor of us repairing any any sort of drainage issues, any sort of infrastructure, water, sewer, gas, electric, and I'm sure that the the PCI will reveal that road is in desperate need of of repair um like many other. But as far as like a full-fledged widening, um you know, I I I don't think that that would necessarily be merited until we have substantial development um south there. I think uh Neville's Crossing is really out there. Um if there is such a major project out there, I would expect to see county participation as well as it serves park and several other Milit as well. It's very multi-jurisdictional area there. That's all I have.

Thank you, Council Member. Council member Neil.

Yes. U you alluded to the cancellation of the U town hall. Um I'm I don't feel that this was properly uh put out to the public. Uh it was not posted on the front door that it was closed. And when um the lady went down to uh the rec center as the door directed No one in the rec center knew what was going on. Um, if the mayor and the city manager felt that this discriminated employee,

we are not talking about that. We're not, Mr. Mayor. We're not that This we are not allowed to bring that up. That is a legal matter that we're not discussing that. So move on from that discussion about an employee. The email is public record. Anyone can request that knowledge. Council member Neil, whether or not the the sign got posted or not, that's another story. That was canceled at the last minute. I already apologized for it. That's that's the end of that. Okay. Nope. Right.

It was a last minute decision that all went out on social media. It was out there for the public to know if a sign got missed or somebody got to things happen. It's it's a mistake. We're moving on from it. Point of order. Can we discuss this with um our city attorney Scott C. So I'm not sure I heard the question. I I just wanted to um ensure that the direction the discussion is heading is appropriate for discussion. Well, any discussion of an employee matter would be improper. It would violate the employees privacy interest. So, that shouldn't be done in in an open public meeting.

Council member Neil, that was actually my responsibility and I did not post it appropriately and I apologize for that. But, uh Scott, this was in an email sent to the entire city council. It was public record. No, it's not a public record. Even if it went to the entire city council, it relates to an employee matter and an employment matter. And if you talk about it in the public meeting, you will probably have further violated the employees rights. But once it's submitted in an email, that becomes public record. Is that not correct? That's not correct. All documents that come in are presumed to be public records unless they fall within certain exceptions. Personnel matters are one of those exceptions.

All right. Thank you for that clarification.

That it. That's it.

Right. All right. So, I did I actually have an idea that I was should have brought up earlier, so I apologize for having to go back, but uh to talk about the roads, I I know Cody and I have actually been discussing this a little bit, and we were thinking about actually forming a citizen committee and have a road committee. And what they can do is help the city council address items throughout the city where roads may need maintenance or should be repaired, replaced, however that looks. I think a lot of that onus is put on us as city council to make those decisions which ultimately they are ours. However, I think we should also involve the public in providing us information of where they also believe that we could use a lot of that road maintenance and also maybe construction as well. kind of how we've done more like the parks committee and all that stuff, but also have a committee that looks at the roads and assists us in making those determinations of where we feel like the index is bad or where we should focus our priorities and everything like that. It was just something that Cody and I have been discussing and thought maybe I'd bring it up to council and see what they felt like. If this also gets the public more engaged in the city and what we do because if you look at social media, there's a lot of people out there that post about, oh, why aren't you doing this road or we want 49th or this street or that street? Obviously, we're not going to please everybody, but at least that put some ownership with the public to allow them to have a say on which roads should be done throughout the city.

I would like to I would disagree.

I think it's important for city council to establish what those priorities look like when it comes to roads. I think when it comes to roads, it's a little it's diff it's more nuanced. Um, yes, I do I would love um you know um our committees input on what that looks like, but I think when it comes down to committees um I I'm okay with parks with all sorts of other types of committees um to do for the committee to be a part of. But this in particular, I think it's important for us to be able to handle um just because again we The reason we're here is also in part because we create ordinances and we also ensure where monies are allocated. Granted, not saying that the input um wouldn't help with that allocation of money. But I feel they can I mean if there were something like that it would just be solely input. But it all will fall on us and what we feel at the end of the day. I just I just think when I think of parks and how that has not came off like that hasn't been exactly established and we've already had um a park committee for the longest time and I and there's still signs yet to be put up. It's been well over a year. We can't do that with roads. Roads require attention and urgency and so to wait for a committee to let us know what they feel after x amount of months I don't think it's okay. That's just my perspective.

So I just want to speak um actually favor of that. I guess my thing is is yes, roads are very important. Um, but the citizens, you know, gave us gave us the ability to do better on our road construction. And I think that partnering with our citizens through a committee gives them a stronger voice. And ultimately, um, I the the onus would still be on us. We, you know, we would definitely take their recommendation very seriously, but if for whatever reason we thought that's not the right path, we would still have the right to, you know, veto the decision of the committee. And so I think getting that commitment from our taxpayers who just gave us this 1% would be very advantageous.

Anybody else have any thoughts on that? Yeah, I would not me in favor much much for like the same reasons, but I I do believe the city council is is the political body of the city. They're the decision makers uh representing the interests of the residents of the community. Um and I believe that our engineering department and our city manager are the our advisory committee on that issue. Um and they know absolutely best what needs to be repaired, where it needs to be repaired, when how uh grants, what uh other conditions, there's a lot of factors that go into it. Um, and there's already seven of us representing our community. Um, it feels very similar to what happened with the RV ad hoc committee and I'm not necessarily um I sort of feel like the decision of that advisory committee was wholeheartedly adopted by council and not necessarily scrutinized in a way uh that it needed to be to to fully represent our community. Um, I would like to leave that decision-m process solely with our professional engineers and with the political decision-m body of the city, the city council.

Anybody else? I also agree with you. I think that we as city council should make that decision. We have the able body of our engineers and having an ad hoc committee uh really concentrates too much of the population pool of feelings and thoughts of minority and not the majority. The uh people that would participate would be too skewed of information and the professionals that I would want that information coming from who are trained in the field are sitting right here in this room. Well, they would provide that information. I already said what I had to say. So, I'm against the idea.

All right. And to lastly, your point too about that. Um, we actually had a meeting with the commissioner on um Commissioner Moxy on th or Friday and they are still interested in um partnering with with us in 43. That is definitely still on the table.

All right. I disagreement with heaven and that odd committee for the same reasons already presented. U it it delays the process. I love to have citizen input but I feel that um it's going to be skewed by well I want my neighborhood fixed first is the problem. And I hope that this city council will note that I have not since I've been on city council ever pushed for a project in my neighborhood unless someone has approached me with it first. Be it annexation or fixing 17th tab. It was um put through for four blocks um by the mayor suggestion I believe u after we had so many waterline breaks along it. It needed to be totally redone and it was it looks great. But the rest of it south of 37th Street's in medium shape. I guess it's not very alligators yet, but it's getting there. All right.