City Council - Regular Meeting

pushing it. Just drive nine miles over everybody. We're good. All right, we ready. Everybody's got their mic on. Mic on. Red mic on. All right. Good evening everybody and welcome to our regularly scheduled Evan City Council meeting for Tuesday, March 3rd, 2026. My name is Mark Clark. I'm mayor. We 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 and justice for all. Roll call, please. Mayor Clark here. Mayor Proa here. Council member Johnson, present. Council member Neil, present. Council member Crabtree here. Council member Delaney here. Council member Fair here.

All right. Next item on the agenda is audience participation. Is there anybody in the audience that wishes to address city council on any item that is not on the agenda and or of a public hearing? If so, please step forward to the podium. State your name and address for the record.

My name is Warren Spear. Um, I live at 4020 Empire Street in Evans. I'd like to address the council this evening about the unauthorized motor vehicle use in Riverside Park. Um, it's out of control. Uh, s there's people driving pickups in with ATVs in there, unloading them, and going right past the sign that says unauthorized motorized vehicles and driving all over. Uh, I did call the police and they showed up and uh, actually the person made it about 100 yards away and they caught him and guess what their response was? Well, I see other people down here doing it so I thought it was okay. That's what the officer told me. Um, that was Saturday. Sunday there was seven unauthorized vehicles down there. There was one ATV two side by sides and four motorcycles. Uh, one of the motorcycles was going up and down Golden into town and it was running 30 mph. Two kids, no helmet, blowing the stop signs. Uh we had one incident down there uh earlier this winter where over where the kids slide is and that kind of sloped hill right there. A guy was using that for a jump and he almost hit us. It's we need some control down there and I don't know if you can enforce it with more than you can't ride here. Maybe you can enforce it with a ticket. Um, I lived in Evans all my life and uh they would threaten to impound your

vehicle and write you a ticket when we was kids. So, uh, I would appreciate it if you could go and address this issue down there uh before somebody gets hurt. Those guys are flying through there on those motorbikes. They're dirt bikes. They're loud. They're obnoxious. And uh, somebody's going to on that path. It's just a matter of time. Um, I know Officer Brantner's been down there when he I don't think he's doing the weekends now, but on the weekends he was down there a lot and getting after all them illegal uh vehicles last year, but uh you know, it's not happening now. But the officers that one caught that one Saturday and it was pretty pretty enjoyable to watch when they'd went flying across there and kicked on the overheads stopped and told them to exit. So thank you. Appreciate it.

All right. Is there anybody else that wishes to address city council on any item not on the agenda and or of a public hearing? All right. Seeing none, the next item on the agenda, approval of the agenda. Madam clerk, any changes to the agenda? No, mayor. Right. I would entertain a motion to approve the agenda. I have a motion, a second to approve the agenda and submit your votes. And that motion carries. 7 nothing. All right. Next item, consent agenda. Any changes to the consent agenda? If not, I would entertain a motion.

All right. I have a motion, a second to approve the consent agenda. Make a vote. All right. And that motion carries unanimously. Nothing. All right. Next item. 7day consideration of ordinance number 857-26 ement request from Atmas Energy uh corporation on city own property at Arrowhead open space first reading we'll hear from staff

good evening Tyberi public works and utilities director as you all are aware at has been doing some extensive work along 37th um resulting in closure of the roadway. Currently, they're working along the new stretch of 37th Street. 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 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 Amnes with a an updated counter proposal at $143 per square foot and an 85% easement burden. 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 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 late at 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 our property. As council is is aware, they kind of came with three separate projects. Um 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 was 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. Um, 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 bore 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 because I I see the 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 uh 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 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 this for now. And they're Those are being used west of the roundabout. Is that what you're saying?

So, those pipes 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 why 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 bore on the area where the 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 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, they're atmos 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 Edmas 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, are they going to so are they 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 o'clock. So, they do have some potholes on the sidewalk that they're going to fix. Um apart from that, in addition to that, they also have a few potholes that they're going to be on the on on 37th on the south um eastbound lanes. So, we have gotten um confirmation from from Atmos and their subcontractors sitewise that they're going to flow fill the the the potholes, but also um fix with hop patch on top so you're not going to notice it. And as far as you know, again traffic closures, uh we're asking for more details and we're also telling them that they cannot close 37th and then they need to flagers on site to direct traffic if they're doing potholes or boring under underneath our roadways.

And my concern is because last time we were here, we were looking at the road and ensuring that it was okay for approval and now we're disturbing it once again. And so that's an issue, you know, and especially it needs to be known. And I hope I mean granted I know how much we're getting for the ement. I mean they're taking care of all the material. Correct. Like it doesn't have to come out of our pockets. It comes out. No. No. So, we don't pay any material cost. In fact, uh you know, the potholeing work that they do, restoration of the streets or the sidewalk. It's completely upon ATMAS and their subcontractors and that's part of their permit.

Okay. Yeah. Because I kept on seeing those lines. I'm like, why are those there? I'm like, and I was going to ask, but I was like, it's just interesting. I've always known it was supposed to be west and like it looks like something shifted and so they've been stationed there for a long time also creating a blind spot for the residents of Liberty draw um for them to you know either go left or right but um

no I understand it's just I mean they're just I just hope that it goes they are able to catch up everything the way it should be that it looks reasonable and I don't know what our say is if I mean I hope that we have some say on how it looks aesthetically. I mean we did spend a lot of money. No. So I have taken pictures as of this afternoon of their potholes and I'm going to make sure that they fix it uh by the city standards or better. Awesome. Thank you. Yeah, I appreciate your time.

And the same applies to this easement. We did take pictures today. They do have to restore it back to to existing standards. All right. See no other additional questions or comments. I'd entertain a motion.

All right. I have a motion and a second to approve ordinance number 857-26 approving the conveyance and negotiated variation of a permanent utility easement and temporary construction easement on city owned property at Arrowhead Open Space to Atmas Energy Corporation. And that motion carries seven. All right. Thank you, Ty. Appreciate it. All right. Next item, report, city manager.

Yes, Mayor Council. Just a couple things for you tonight. Reminder that the city attorney interviews are scheduled for this Friday, March 6th. Uh they'll begin at 10 a.m. Uh the day will conclude with a debriefing to include all panelists. Uh human resources distributed candidate resumes and interview schedule via email this afternoon. So, please take a look uh please take a look at your email. If you have any questions, by all means, reach out. I'll be happy to answer any questions. Um and then an update on a couple projects we have going on right now. Uh for 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 street is back open. The ditch is ready for water. Uh 49 Street. Uh we have jersey barriers in place until the guard rails are installed by the contractor. So that's something that Chant is working on. Uh we've been pushing for a March 16th completion date 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 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 deadline. So, both projects are moving along. 49 Street's 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 more updates for you on 37 street phase three uh state street some of the 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 construction street sanitary sewer um I'm sorry not stay street the east side storm sewer uh as we've discussed in previous meetings. So, all those projects uh continue to move along and 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 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 a pretty a pretty good list of things we were working the last meeting. Those all still seem to be in process. We've got a couple more 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. Mountain tracks. Okay. Thank you. Sorry.

Yeah, you're good. All right. Thanks, 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, too, 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 reschedu probably 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.

Sorry. Uh I just wanted to give you a quick update. finance committee met and uh we were discussing some of the language in the finance policies. So you can expect to see that coming up to you. I think we're making some really good progress in terms of uh purchasing and uh I just want to thank the finance uh team because what they brought to us really good. So that's all I had. Thank you. 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 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, some insight. It would be fantastic. And that's all. That's all I have. Thank you, Council Member Far.

At our last, uh, council meeting, we briefly discussed u somewhat how the road ahead dollars would be used and how they're prioritized throughout the city. And I feel like there was some ambiguity as to how that works. you know, is it maybe subject to council influence that? And I just want to clarify that my position is that I want road maintenance in Evans, the road dollars to be based on pavement condition index and the professional expertise of our our engineering director, 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 that road is in desperate need of of repair like many other. But as far as like a full-fledged widening um you I I don't think that would necessarily be merited until we have substantial development um south there. I think Neville's Crossing is really our only subdivision out there. Um if there is such a I would expect to see participation as well as it serves park as well. It's very multi-jurisdictional area. Thank you.

Yes. Um you alluded to the cancellation of the U town hall. Um 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. If the mayor and the city manager felt that this discriminable employee,

we are not talking about that. Mr. Mayor, we're not 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 sign got posted or not, that's another story. That was council the last minute. I already apologized for it. That's that's the end of that. Okay. Nope. I

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 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? 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 should be done 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. Right. Thank you for that clarification. Is that it? That's it.

Right. All right. So, I I actually have an idea that I was should have brought up earlier, so I apologize for having going 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 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, see what they felt like. 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 out there that post about 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 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 votes. 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 actually favor of that. Um 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. 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, 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 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 thought on that?

Yeah, I would not be in favor much for like the same reasons, but I 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 what grants, what other conditions. There's a lot of factors that go into it. Um 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 that it needed to be to fully represent our community. So I would like to leave that decision making process solely with our professional engineers and with the political decision body of the city the city 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 committee really concentrates too much of population 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. So, I'm against the idea.

All right. And to lastly, your point about that um we actually had a meeting with the commissioner on um connection moxy on th Friday and they are still interested in um partnering with with us that is definitely still right

I'm in disagreement with an ad committee for the same reasons already presented it it delays the process I love to have citizen input but I 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 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 17 tablet It was um put through for four blocks um by mayor suggestion. I believe u after we had so many waterline breaks along it needed to be totally redone and it was it looks great. the rest of it south of 37 streets in medium shape. I guess it's not very alligators yet, but it's getting there. All right, with that being said, I don't see any other questions or comments up there. All right, meeting. Thank you, everybody.