City Council - Regular Meeting

Everybody's got mics on.

All right. All right. Good evening everybody and welcome to the regularly scheduled Evans City Council meeting for Tuesday, March 17, 2026. My name is Mark Clark. I'm the mayor. Call the meeting to order. Please stand and join me in the pledge of allegiance to the flag of the United States of America and to the republic for it stands. One nation under God, indivisible, liberty and justice for all. Roll call, please. Mayor Clark, here. Mayor Proka, here. Council member Johnson, present. Council member Neil, present. Council member Crabtree here. Council member Delaney here. Council member Fair here.

Right. Next item on the agenda is audience participation. Is there anybody in the audience that wishes to address city council on any item not of a public hearing and or on the agenda? If so, please uh step forward to the podium. State your name and address for the record. All right. Seeing none. All right. Next item on the agenda is approval of the agenda. Madam clerk, any changes to the agenda? All right. to entertain a motion to approve the agenda.

It says in progress.

It says it in progress and then it's still waiting for us. No problem. All right. All right. I have a motion, a second to approve the agenda as presented. Go ahead. Vote. Ran that motion carries. 7 nothing. All right. Next item on the agenda, consent agenda. Is anybody wish to make any changes to the consent agenda? If not, I would entertain a motion. I have a motion, a second to approve the consent agenda. Submit your votes.

Right. That motion carries. Seven nothing. All right. Next item on the agenda. Hold on a second. Did it Did mine register? Are you okay with it though? Yes. Okay. Did you register? Did it register now? Okay. All right. Next item. Uh, new business. Item 7 A, consideration of resolution number 02-2026 terminating the construction contract with BT Construction Incorporated for the East Side Storm Sewer uh 35th outfall construction project. And we'll hear from staff on this.

Good evening, mayor and council members. Um so if I may, I would like to refresh our memory. Um on February 17th, we talked about the state revolving fund. Um Siri received a loan in back in 2021 uh in the amount of $8.6 million and we used 3.75 for the 31st Street outfall project and we had $4.8 million remaining out of which um we used some monies to work on the east side storm sewer project. So on February 17th, what we discussed is that we're going to cancel east side storm project because it did not provide any benefit to the city. It was not conveying storm water to the south flat river. It was just installing a storm water pipe underneath the railroad and capping it for future. Um, so we pivoted towards the 23rd Street Storm outfall project and we agreed that we're we're going to move into that direction. However, we still have an outstanding contract with BT Construction and this resolution addresses that contract. So in order to close that project with BT, we have received a letter from BT Construction and since this uh the east side storm slope project started back in 2024 um in the fiscal year 2024 and fiscal year 2025, BT Construction invoiced the city in the amount of $221,74.35 out of which We have paid $210,000 uh and then 63. So the outstanding amount is $11,53.72. So with the payment and approval of the

resolution, we will formally terminate the contract construction contract with BT Construction and then we can use the remaining SR funds uh towards the 23rd Avenue stormwater outfall project. Great. Thank you. All right. Any questions or comments? staff, please use your request to speak button, please.

All right, seeing none, I would entertain a motion. All right. I have a motion, a second to approve resolution number 02-2026, terminating the construction agreement between the city of Evans and PT Construction Incorporated for the East Side storm sewer project. Go ahead and submit your votes. And that motion carries seven nothing. Thank you. Thank you.

All right. Next item on the agenda, item 7B, consideration of resolution number 03-2026, authorizing the submission of a grant application to the Colorado Department of Local Affairs for a housing needs assessment, certain comprehensive plan updates, and a housing action plan. We'll hear from staff.

Good evening, mayor and council. Yes, as uh you just said, we are asking you to consider the approval of resolution authorizing a submission for a grant application for or to the Colorado Department of Local Affairs for funding to complete a housing needs assessment, certain comprehensive plan updates, and a housing action plan. Uh the proposed project will evaluate existing housing conditions, demographics and economic trends, and projected housing demand within the community. The assessment will provide updated data regarding housing supply, affordability conditions, and housing needs across income levels and housing types. The information will help the city better understand the current housing condition and identify potential gaps in housing supply. The project will be conducted using the methodology required by the state of Colorado and will align with the housing planning framework established in Colorado Senate Bill 24-174. The analysis will also consider how housing development part or patterns may interact with infrastructure systems such as water, wastewater, transportation, utilities, and community services. This evaluation will help the city better align future development with infrastructure capacity and long-term planning efforts. Completion of this project will support the city's broader economic development objectives by providing data and policy guidance that support responsible private investment and sustainable growth. Residential development contributes to the local economy through construction activity, increased property values, and long-term contributions to the city's tax base, while also creating a higher population density that contributes to demand for commercial development. So, in essence, we're going to use a required document that the city or that the state is mandating that all cities do and use this for our benefit for when Brian goes out and tries to get economic development and businesses into the city. Uh the total estimated cost of the housing needs assessment and housing action plan is approximately $100,000 based on similar municipalities of our

size and it does require a 25% match from the city. So we are intending to apply a for a $75,000 grant uh from DOA which represents a 75% cost and the remaining 25,000 local match will be from uh city funds and inind staff time associated with project management and coordination. Funding for this project was not specifically included in the adopted 2026 budget. And if the grant is successful, a budget amendment or a supplemental appropriation may be required to authorize the city's local match and acceptance of the uh grant. Staff does recommend uh that city council approve the resolution because we can use this as the basis of support that the grant application requires. So, any questions? That's all I have.

Thank you. All right. Any questions or comments of staff? Request to speak. All right. Seeing that, I would entertain a motion. All right. All right. I have a motion, a second to approve resolution number 03-2026 authorizing the submission of a grant application to the Colorado Department of Local Affairs for funding to complete a housing needs assessment and a housing action plan for the city of Evans and to authorize preliminary budget revision for the local matches. And that motion carries seven. Thank you.

All right. Next item on the agenda, report. City manager.

Yes, Mayor and Council. I have a handful of uh project updates for you uh as the team continues to to work through some of these these projects and bring them to the council for further consideration. But before we get to that, I wanted to let the council know that we will have a strategic plan work session with Barry Dunn uh on April 21st, 2026. That will be a regularly scheduled city council meeting. So that will just take place during that that work session. That'll be an opportunity for Barry Dunn to come back before the city council, provide an update on the most recent work sessions that they conducted with the city council and the executive team and see how that information has then uh been worked into the plan. So April 21st, 2026, they will be uh here in person so we can have I think more substantive discussions that evening. Um, as far as our special projects, uh, State Street Sanitary sewer project was, uh, advertised, a request for qualifications was issued on January 17th, closed February 17th. Uh, city received six proposals. Staff interviewed three of the firms, uh, which they're currently going through and evaluating the the results of those interviews of those three engineering firms. Once we have a uh preferred consultant selected, then we will go through uh and finalize the selection process based on the uh uh based on the financial policies. Uh 37 street uh streetlight design project. Um the RFP was issued January 14, 2026, closed on February 4th, 2026. We received four proposals. Kimley Horn was selected as the preferred consultant. Uh so we are anticipating contract execution here this week. It is it is below 250,000. Uh so that will fall within city manager u contract approval authority. Um just to just as a reminder this will design uh street lighting along 37th between 35th and 47th avenues uh to improve

safety and visibility. 37th Street phase 3 engineering staff have finalized the project scope and they're preparing to uh to post on bidnet so we can identify a an engineering consultant and get that design uh underway. As a reminder, because of the because of the grant funds, about $1.5 million worth of grant funds, uh that project's got to be under construction next year to remain in compliance with grant uh grant requirements. a bigger pro a couple big projects we've had in the works here recently. 49th Street uh ditch repair, the culvert repair um along with 4 uh the 42nd Street uh irrigation line, the trunk line along 47th Street or I'm sorry, 42nd Street. Uh both of those projects are completed right now. We have 49th Street open with Jersey barriers current currently in place as a temporary safety measure. Um, I was told this afternoon that guardrail installation along 49th Street uh will take place on March 26th, so here in a couple weeks. Um, once that's done, roads opened up, no restrictions. We've also got 42nd Street. Uh, GLH has completed the lateral connection there along 42nd Street. It didn't have to go all the way down to 85 uh like we originally anticipating. I think it was about halfway between Belmont and 85 uh is how far we had to go. And then there was a a point repair on the east side of 85 as well. Um all of those um repairs are complete. And so the good news is irrig irrigation water uh service will be available at the start of the irrigation season. This is something the team was really pushing to have completed uh in time for the ditch to to go into service this year. So I'm proud to say that we uh we did in fact make the deadline on both of those projects. Um, one of the a project that engineering is getting ready to start is a U 37 street and other bridge structural inspection. So, the engineering team is working to prepare a

scope of work right now to inspect five bridges uh for structural integrity. Uh they include the 37th Street Bridge of the roundabout bridge on County Road 396, County Road 33, 49th Street, and then a bridge on 65th Avenue. Uh once that design once the the scope of that project has been defined then it'll be posted to bidet so we can procure a design or a structural engineer for that project as well. Um and then lastly, Ridge Pond 23rd Avenue storm water alfall project. Pursuant to Shantanoo's presentation here just a bit ago, uh he is working with uh SRF to move those funds from the east side storm sewer project to the 23rd uh 23rd Avenue storm water outfall project. Engineering is also working on a scope of services. That way we can get that posted to Bitnet, get it designed, and then uh move forward with that reconstruction project. So, a lot going on in the world of public works and engineering. Uh, very proud of the team for the work on 49th Street and 42nd Street to be able to meet those deadlines and get the ditch back open for service here coming up uh this irrigation season. Uh, Mr. Mayor, that is all I have this evening. I'll turn it back over to council.

Thank you, Cody. All right, the attorney. Thank you, mayor. We're just uh continuing to work on the projects that I've discussed with you before. um save most of my comments for executive session tonight. One item I wanted to just u mention so you're not wondering why you'll have a slightly different script for your executive session this evening. The reason for that is recent case law decisions that um indicate that we're better off to be a little bit more specific and structured in how you go into and out of executive session. And that's all I've got.

Thank you. All right. Council discussion. Anything for uh council discussion? All right.

Did you have something or is that Well, it's just Go ahead. Go ahead. There you go. It popped up. Go ahead. Cody, are we anticipating that water in a ditch on Yes, sir. To the best of my knowledge, nothing is preventing it from flowing. Yep, we're good. Yes, sir. Oh, yeah. Council member Neil,

that's something else, but I guess.

Okay. All right. Seeing no other council discussion, I would uh have a motion to go into executive session. Yeah. Make a motion. Second, then I'll read the script and then we'll go. All right. I have a motion and a second to go into executive session um pursuant to CRS section 24-6S42 sub section 4 subsection A B and E to uh for the purpose to confer with the city attorney regarding specific legal questions and determine the city's position and instruct negotiation all uh relation into the city's participation in this and to determine the city's position instruct negotiators in all relations possible acquisition of water rights and discuss possible acquisition of real property and determine the city's position and instruct negotiators in relation to such acquisition. All those in favor.

Right. My screen blipped. Who who made the motion and who second? So I have council second. Yep. And she second. So it didn't even pop up for me. Really? No.

Everybody's vote just now. Yeah. But like first and second All right, that motion carries six to one. All right, we'll go into executive session. So, there's a script that you'll need to read before we Oh, before Okay. All right.

So, do I read this in the executive session or before? Well, there's a the first and I don't have it in front of me, but the first thing you need to do is identify who's going into executive session. Oh, okay. All right. For the record, going into executive session, we have council member fair, council member Delini, Mayor Prom Pla, Mayor Mark Clark, Council Member Crabtree, Council Member Johnson, and Council Member Neil, as well as the city attorney and city manager. I believe you want for this one. Okay. Anybody else from staff in there? Oh, and your finance director, assistant city manager, Jackie Trout. Okay. All right.

Oh, and Ty Bares. Okay. All right. Now we'll go into

Oh, that's fun.

You know what? Yeah, we'll probably just have to do a voc. Franks down.

I got one more script to read. All right, I got another script to read. So, all right, the time is now 8:21 and the executive session has been concluded. The participants in the executive session were all members of council, city attorney, city manager, public works and utility director, and the um chief financial officer of the city. All right. For the record, if any person who participated in the executive session believes, that they are that that there are any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session or that any improper action occurred during the executive session in violations of the open meeting law. I would ask that you state your concerns for the record. Seeing none, I request the city attorney to make his notation for the record regarding the executive session.

Right. I'll note for the uh record that the discussions were within the scope of the statute and I was present throughout as the city attorney, so they're subject to the attorney client privilege. Having completed the executive session, I would entertain a motion for the next agenda item, which is no We have to make that motion for them to do the CBT or was it it was both. Yeah, both. If anybody wants to make a motion regarding

it would be a motion directing staff to terminate the um shares in the NIS project and understanding that it would be a forfeite of those shares. I move to um direct the city staff to terminate the our participation in the shares of the NIS program and we understand that that includes the forfeite of those shares. Second. I have a motion a second for the termination of the NIS project. All those in favor signify by saying I. I post nay. Nay. Right. And that motion carries six to one. All right. And there was no other one we need to make for that. Perfect. All right.

Point of information. Do we have to amend the agenda due to the added um motion? Um you can you can move to amend the agenda to reflect the action taken. Go ahead. You want to I move to uh to amend the today's agenda. And and the reason you can do that even though it's not on the original agenda is because the action you took does not require public notice or public participation. So that's why you can still add it even though it's not on the original agenda. No, I pull it.

Okay. All right. Anything else for the good of the order? All right. See none. All right. Thank you everybody. Make a journ.