City Council

EVANSTON CITY COUNCIL Second Regular M eeting July 19 2016 The official record of proceedings of the second regular m eeting of the Evanston City Council for the m onth of July was held in the Council Cham bers of City Hall on the above date. These proceedings were video recorded. Councilm em ber W elling led those in attendance in the pledge of allegiance to the Flag. The roll was called and with a quorum being present, Mayor Kent W illiam s called the m eeting to order at 5:30 p.m . and welcom ed everyone present. Those present from the governing body at the start of the m eeting were: Mayor W illiam s; Councilm em bers Tim Lynch, Andy Kopp, Evan Perkes, David W elling, and W endy Schuler. Councilm em ber Saundra Meyer was excused. Staff m em bers present at the start of the m eeting were: City Attorney, Dennis Boal; Director of Adm inistrative Services/City Clerk, Am y Grenfell; City Treasurer, Kathy Defa; Police Chief, Jon Kirby; City Engineer, Brian Honey; Public W orks Director, Oop Hansen; Associate Planner, DuW ayne Jacobsen; Director of Parks and Recreation, Jay Dee Nielsen; and Deputy City Clerk, Nancy Stevenson. A group of interested citizens were also present. Approve Agenda Councilmember Welling moved, Councilmember Perkes seconded, to approve the agenda. The m otion passed unanim ously with 6 yes votes: W illiam s, Kopp, Lynch, Perkes, W elling, Schuler. Approve M inutes The official record of proceedings for the City Council M eeting held July 5, 2016, and the W ork Session M eeting held July 12, 2016 were approved as presented. Bills Councilmember Lynch moved, Councilmember Kopp seconded, to approve the follow ing bills for payment: July 6, 2016 to July 19, 2016 VENDOR FOR AMOUNT AXA Equivest Payroll 2,330.68 Beneficial Life Insurance Payroll 269.68 Blue Cross Blue Shield Payroll 131,076.70 Delta Dental Payroll 7,532.40 FlexShare Payroll 2,870.50 ING Life Insurance Payroll 29.20 IRS Tax Deposit Payroll 37,091.53 NCPERS Payroll 72.00 Orchard Trust Payroll 683.35 Parks and Recreation Payroll 181.21 The Hartford Payroll 216.80 United W ay Payroll 10.00 Utah Child Support Services Payroll 181.01 Vantage Point Payroll 853.90 Vision Service Plan Payroll 1,173.73 W EBT Payroll 968.00 W ells Fargo Payroll 208.00 W yom ing Departm ent of Em ploym ent Payroll 9,908.42 W yom ing Retirem ent Payroll 46,258.92 Payroll Payroll 106,720.45 First Advantage Testing 61.00 All W est Internet 1,373.85 Dennis M. Boal Services 3,076.00 Caselle Support/Maintenance 523.67 Cazin’s Supplies 411.50 CD’s Electric Electrical 626.40 City of Evanston Utilities 21,062.45 CSI-Networks Telewood Services 195.00 CCI Network Utilities 233.27 Norco Supplies 149.21 Epoch Eyewear Supplies 183.22 Evanston Cham ber of Com m erce Service Awards 1,250.00 Foreup Subscription 367.00 First Bank Visa 629.52 Justin George Services 100.00 Kallas Autom otive Parts 477.48 Morcon Industrial Supplies 235.80 Mtn W est Business Solutions Contract 1,501.43 Questar Gas Utilities 2,384.38 Office Products Dealer Supplies 114.93 City of Evanston Reim bursem ent 144.81 Rocket Sanitation Services 240.00 Paul R. Skog Services 3,176.00 Stateline Metals Supplies 21.34 Alsco Laundry Services 377.38 Tom ’s HVAC Repairs 764.15 TravisMathews LLC Supplies 1,303.77 To Golf Supplies 766.00 Uinta County Jail/Dispatch Fees 72,949.10 Uinta County Herald Public Notices 948.01 Valley Pum p & Com pressor Parts 856.00 Century Link Utilities 2,064.51 Rocky Mountain Power Utilities 30,609.43 Vision Auto Glass W indshield 480.00 W yom ing W aste System s Services 299.12 W estar Printing Printing 502.00 W AM Mem bership Dues 8,000.00 W yom ing Departm ent of Revenue Sales/Use Tax 3,358.07 Eisinger-Sm ith Supplies 415.71 Arts Inc Contract 5,184.00 W yom ing Departm ent of Transportation Street Maintenance 9,146.16 Lori Lane Refund 1,600.00 Diana Gronem an Reim bursem ent 260.00 Allen Fiack Restitution 200.00 Media Skills Prom otional 1,350.00 Gaylee Satterthwaite Reim bursem ent 1,150.00 Kickin Grass Services 55.00 New Peak CC Refund 100.00 Katie or Alex Faini Refund 100.00 W right Express Fuel 12,630.42 Code 4 Registration 198.00 Pierce & Sons Fencing Repairs 228.80 The m otion passed unanim ously with 6 yes votes: W illiam s, Kopp, Lynch, Perkes, W elling, Schuler. Council Comments Councilm em ber W elling thanked all those who helped with the Peace Officers Golf Tournam ent. Councilm em ber Schuler also com m ented on the Peace Officers Golf Tournam ent and stated that the golf course is in great shape. She rem inded everyone of the Farm er’s Market and concerts on Thursdays and that the Brewfest will be this weekend. M ayor W illiam s com m ented on the Brewfest at Depot Square this Saturday and also the Car Show at the State Park. Consent Agenda Councilmember Perkes moved, Councilmember Lynch seconded, to approve a Open Container Permit requested by the VFW Post #4280 for the After Brew fest party on Saturday, July 23, 2016 on Front Street (including the Alley between Front and M ain Streets) from 9 th Street to 10 th Street, and 9 th and 10th Streets from Front Street to M ain Street, from 5:00 p.m. to 11:00 p.m. The m otion passed unanim ously with 6 yes votes: W illiam s, Kopp, Lynch, Perkes, W elling, Schuler. Councilmember Schuler moved, Councilmember W elling seconded, to approve a Street Closure Permit requested by City Drug for an Appreciation BBQ for Local Law Enforcement and Emergency Responders, on Saturday, August 6, 2016 on 10th Street betw een M ain and Center Streets, from 8:00 a.m. to 3:00 p.m. The m otion passed unanim ously with 6 yes votes: W illiam s, Kopp, Lynch, Perkes, W elling, Schuler. Councilmember W elling moved, Councilmember Schuler seconded, to approve a Parade Route Permit requested by Jared Eborn for the Annual Tour de Park City Bike Race on Saturday, August 20, 2016. Cyclists w ill be coming through Evanston betw een 10:00 a.m. and 2:00 p.m. The m otion passed unanim ously with 6 yes votes: W illiam s, Kopp, Lynch, Perkes, W elling, Schuler. Ordinance 16-03 Councilmember W elling moved, Councilmember Lunch seconded, to pass Ordinance 16-03 on third and final reading. Ordinance 16-03: AN ORDINANCE OF THE CITY OF EVANSTON, W YOMING AMENDING SECTIONS 9-3. A OF ARTICLE II OF CHAPTER 9, FIRE PREVENTION, OF THE EVANSTON CITY CODE TO ADOPT THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE. W HEREAS, there is a public safety need for the City to adopt and provide for the enforcem ent of the m ost recent edition of International Fire Code; NO W , THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, W YOMING THAT: Section 1: Section 9-3. A of the Evanston City Code is hereby am ended and re-enacted to provide as follows: § 9-3. Adoption of the International Fire Code. A. There is hereby adopted by the City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the International Fire Code, being particularly the 2015 edition and the sam e is hereby incorporated in this section as if fully set out at length herein, and the provisions thereof shall be controlling within the City and, pursuant W yom ing Statute 15-3-202, such other territory peripheral to the city which located within one half m ile of the corporate lim its. PASSED AND APPROVED on First Reading this 28 th day of June, 2016. PASSED AND APPROVED on Second Reading this 5 th day of July, 2016. PASSED AND APPROVED on Third and Final Reading this 19 th day of July, 2016. CITY OF EVANSTON, W YOMING _________________________________ Kent H. W illiam s, Mayor ATTEST: Am y L. Grenfell, City Clerk The m otion passed unanim ously with 6 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Schuler. Ordinance 16-04 Councilmember Lynch moved, Councilmember Kopp seconded, to pass Ordinance 16-04 on second reading. Ordinance 16-04: AN ORDINANCE OF THE CITY OF EVANSTON, W YOMING AMENDING SECTION 4-1 AND SECTION 4-26.C. AND ENACTING ARTICLE VIII, MISCELLANEOUS OF CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE EVANSTON CITY CODE TO REVISE THE DEFINITIONS OF MICROBREW ERY AND W INERY; TO DECREASE THE NUMBER OF MALT BEVERAGE PERM ITS AND INCREASE THE NUMBER O F CATERING PERMITS THAT A PERSON MAY OBTAIN EACH YEAR; AND TO PROVIDE LICENSEES W ITH THE AUTHORITY TO CONDUCT ORGANIZED TASTING OF HOMEMADE BEERS, MEADS, W INES OR FERMENTED FRUIT JUICES. W HEREAS, the W yom ing Legislature has am ended the state statutes for the sale of alcoholic beverages to revise the definitions of m icrobrewery and winery; to decrease the num ber of m alt beverage perm its and increase the num ber of catering perm its that a person m ay obtain each year; and to provide licensees with the authority to conduct the organized tasting of hom em ade beers, m eads, wines or ferm ented fruit juices; W HEREAS, the City of Evanston desires to am end its Alcoholic Beverage Ordinance in response to the am endm ents of state law. NOW , THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY O F EVANSTON, W YOMING THAT: Section 1. Section 4-1. of the Evanston City Code is hereby am ended to m odify the definition of "m icrobrewery” and “winery" as follows: § 4-1. Definitions. M ICROBREW ERY A com m ercial enterprise at a single location producing not m ore than fifty thousand (50,000) barrels per year and no less than fifty (50)barrels per year of m alt beverage; W INERY A com m ercial enterprise m anufacturing wine at single location in W yom ing; Section 2. Section 4-26. C. of the Evanston City Code is hereby am ended to provide as follows: § 4-26. Twenty-four hour m alt beverage Perm it and catering perm it. C. The perm its authorized by this subsection shall be issued for one twenty-four hour period, subject to the schedule of operating hours provided by section 4-30. No person or organization shall receive m ore than a total of twelve (12) m alt beverage and thirty six (36) catering perm its for sales at the sam e prem ises in any one (1) year, except that this lim itation shall not be applicable to m alt beverage perm its issued for sales at any fair, rodeo, pari- m utuel event or other sim ilar public event conducted by a public entity or upon public prem ises.  Section 3. Article VIII, MISCELLANEOUS, of Chapter 4, Alcoholic Beverages, of the Evanston City Code is hereby enacted to provide as follows: ARTICLE XIII M ISCELLANEOUS § 4-40. Hom em ade beverage tastings. A. In addition to any other privilege granted to a licensee under this chapter, a licensee m ay conduct an organized judging, tasting, exhibition, contest or com petition of hom em ade beers, m eads, wines or ferm ented fruit juices, or related events, at the prem ises or location where the licensee m ay legally serve alcoholic beverages. Nothing in this subsection shall be deem ed to authorize any hom em ade beer, m ead, wine or ferm ented fruit juice to be packaged or otherwise provided for consum ption outside of the prem ises where the judging, tasting, exhibition, contest, com petition or related event is occurring. The governing Body m ay restrict the portion of the prem ises that m ay be used for the judging, tasting, exhibition, contest, com petition or related event. Hom em ade beers, m eads, wines or ferm ented fruit juices provided at an event under this subsection shall not be provided for financial consideration. B. A licensee shall not acquire any ownership interest in hom em ade beers, m eads, wines or ferm ented fruit Juices stored for any period to be provided at an event under this section. The hom em ade beers, m eads, wines and ferm ented fruit juices stored for the event shall be clearly identified and shall be kept separate from the alcoholic and m alt beverage stock of the licensee. Nothing in this subsection shall prohibit a licensee from using hom em ade beers, m eads, wines and ferm ented juices in conducting an organized event under subsection A of this section, C. As used in this section: 1. "Financial consideration" m eans value that is given or received directly or indirectly through sales, fees, charges, dues, contributions or donations. "Financial consideration" shall not include; a. A tax deduction or credit for donating beer, m ead, wine or ferm ented fruit Juice to a nonprofit organization; b. An event adm ission charge, cover charge or club or organization dues, if the am ount of the charge or dues is independent of the am ount of beer, m ead, wine or ferm ented fruit juice to be provided or consum ed at the event or through club or organization activities; c. A prize awarded at a state or county fair or other organized judging, tasting, exhibition, contest or com petition event at which consum ption of a subm itted beer, m ead, wine or ferm ented fruit juice is offered without charge and only by the entrants. Judges, exhibitors, contestants or com petitors; d. The receipt of hom em ade beer, m ead, wine or ferm ented fruit juice m anufactured by another person; e. The receipt of beer, m ead, wine or ferm ented fruit juice ingredients; f. W ages and salaries paid by an educational organization for teaching brewing, wine m aking, ferm entation science or ferm entation processes. 2. "Hom em ade* m eans m ade for noncom m ercial purposes; 3 "Noncom m ercial" m eans not sold, offered for sale or otherwise conditioned upon the provision or receipt of financial consideration. PASSED AND APPROVED on First Reading this 21 st day of June, 2016. PASSED AND APPROVED on Second Reading this 5 th day of July, 2016. PASSED AND APPROVED on Third and Final Reading this 19 th day of July, 2016. CITY OF EVANSTON, W YOMING ________________________________ Kent H. W illiam s, Mayor ATTEST: _____________________________ Am y L. Grenfell, City Clerk The m otion passed unanim ously with 6 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Schuler. Ordinance 16-05 Councilmember Perkes moved, Councilmember W elling seconded, to pass Ordinance 16-05 on third and final reading. Ordinance 16-05: AN ORDINANCE OF THE CITY OF EVANSTON, W YOMING AMENDING SECTION 7-7 OF THE CITY CODE TO ADOPT THE 2015 INTERNATIONAL BUILDING CODE, THE 2015 INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TW O FAMILY DW ELLINGS, THE 2015 INTERNATIONAL EXISTING BUILDING CODE, THE 2015 INTERNATIONAL MECHANICAL CODE, THE 2015 INTERNATIONAL FUEL GAS CODE, THE 2015 INTERNATIONAL PLUMBING CODE AND THE 2014 NATIONAL ELECTRIC CODE. W HEREAS, the governing body of the City of Evanston has determ ined that it is in the best interests of its citizens to adopt the 2015 International Building Code, the 2015 International Residential Code For One And Two Fam ily Dwellings, the 2015 International Existing Building Code, the 2015 International Mechanical Code, the 2015 International Fuel Gas Code, the 2015 International Plum bing Code And The 2014 National Electric Code; NO W , THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY O F EVANSTON, W YOMING THAT: Section 1: Section 7-7 of the Evanston City Code is hereby am ended and reenacted as set forth below: Sec. 7-7. Adoption of Regulatory Codes. There is hereby adopted by the city, for the purpose of prescribing regulations for the m inim um standards for building to safeguard life, health, property and public welfare, the regulatory codes designated below and the sam e are hereby incorporated in this section as fully as if set out at length herein, to wit:  A. 2015 International Building Code; B. 2015 International Residential Code for O ne and Two Fam ily Dwellings, exem pting therefrom Section R313.2 One-and two-fam ily dwelling autom atic fire system s; C. 2015 International Existing Building Code; D. 2015 International Mechanical Code; E. 2015 International Fuel Gas Code; F. 2015 International Plum bing Code; and the G. 2014 National Electric Code. PASSED AND APPROVED on First Reading this 28 th day of June, 2016. PASSED AND APPROVED on Second Reading this 5 th day of July, 2016. PASSED AND APPROVED on Third and Final Reading this 19 th day of July, 2016. CITY OF EVANSTON, W YOMING ______________________________ Kent H. W illiam s, Mayor ATTEST: Am y L. Grenfell, City Clerk The m otion passed unanim ously with 6 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Schuler. Excess City Assets Councilm em ber Lynch m oved, Councilm em ber Schuler seconded, to declare various listed item s as excess City assets to be sold at a future surplus sale. The m otion passed unanim ously with 6 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Schuler. Resolution 16-39 Councilmember Perkes introduced Resolution 16-39. Councilmember Perkes moved, Councilmember W elling seconded, to adopt Resolution 16-39. Resolution 16-39: A RESOLUTION OF THE CITY OF EVANSTON, W YOMING AUTHORIZING THE EXECUTION OF AN AG REEMENT W ITH THE UINTA COUNTY HUMAN SERVICE BOARD TO PROVIDE HUMAN SERVICES FOR THE CITIZENS OF EVANSTON. W HEREAS, the City of Evanston desires to assist, by providing funding, to the Uinta County Hum an Services Board, in the provision of hum an services for the citizens of the City of Evanston. NOW , THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, W yom ing as follows: Section 1. The City of Evanston is authorized to execute the Contractual Agreem ent with the Uinta County Hum an Services Board, a copy of which is attached hereto. Section 2. The Mayor and City Clerk are authorized to sign and attest the agreem ent on behalf of the City of Evanston. PASSED, APPROVED AND ADOPTED the 19 th day of July, 2016. ___________________________ Kent H. W illiam s, Mayor ATTEST: ____________________________ Am y L. Grenfell, City Clerk The m otion passed unanim ously with 6 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Schuler. Resolution 16-40 Councilmember Lynch introduced Resolution 16-40. Councilmember Lynch moved, Councilmem ber Schuler seconded, to adopt Resolution 16-40. Resolution 16-40: A RESOLUTION OF THE CITY OF EVANSTON, W YOMING AMENDING AND REENACTION SECTION 3-9 OF ARTICLE III OF THE PERSONNEL POLICY MANUAL BY AMENDING SUBSECTIONS (a)(2), (b), (c)(2), (e)(2) AND ADDING SUBSECTION (f) TO CLARIFY THAT THE AMOUNT OF CONTRIBUTIONS MADE INTO EMPLOYEE RETIREMENT ACCOUNTS W ILL BE SET IN THE BUDGET RESOLUTION AND TO CLARIFY THE PAYMENT OF A LONGEVITY PAYMENT FOR USERS OF THE W YOMING RETIREMENT SYSTEM. W HEREAS, the governing body desires to am end Section 3-9 of Article III of the personnel policy m anual of the City of Evanston to clarify that the am ount of contributions m ade into em ployee retirem ent accounts will be set in the budget resolution and to clarify the paym ent of a longevity paym ent for users of the W yom ing Retirem ent System ; NOW , THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, W yom ing as follows:  Section 1. Section 3-9 of Article III of the personnel policy m anual of the City of Evanston is hereby am ended and reenacted to read as follows: Section 3-9 OTHER BENEFITS (a) Retirem ent Plan. The City provides em ployees a defined benefit pension plan through its participation with the State of W yom ing Retirem ent System . (1) Eligibility. Eligible em ployees are required to join the W yom ing Retirem ent System at the tim e of em ploym ent. Em ployees are required to com plete all necessary paperwork for participation in the program . (2) Cost. The W yom ing Retirem ent System requires contributions on total salary by both the m em ber and the City. The contribution percentage rate paid by the City on behalf of the m em ber will be determ ined by the annual Budget Resolution and in agreem ent with W yom ing Retirem ent System rules. (Am ended August, 2016) (3) After contributing to the W yom ing Retirem ent System for forty-eight (48) m onths, m em bers have a “vested” right to benefits at retirem ent age. Acceptable salary subject to contributions include adm inistrative leave, vacation leave use, com pensatory tim e use, sick leave used and regular salary or pay, etc., as defined by the W yom ing Retirem ent System . Contributions are not m ade on bonuses, disability benefits, early retirem ent incentive pay, m edical insurance, severance pay, vacation leave unpaid, sick leave unpaid, com pensatory tim e unpaid, workers com pensation benefits, etc., as defined by the W yom ing Retirem ent System . (b) City Funded Deferred Com pensation. The City provides designated em ployees who do not participate in the W yom ing Retirem ent System with a deferred com pensation plan which sets aside an additional percentage of em ployee earnings, as approved by the annual Budget Resolution, for their retirem ent years. This rate will be of equal value as the W yom ing Retirem ent System contribution rate. Participants pay no Federal incom e taxes on their deferred incom e until the value of their deferred earnings is returned to them . (1) Eligibility. Designated em ployees are eligible to enroll in one of the available deferred com pensation program s at the tim e of em ploym ent. Contributions begin upon acceptance from the Deferred Com pensation Carrier. (2) Term ination of Benefits. Deferred earnings are returned to the em ployee either upon retirem ent, term ination of service or an unforeseeable em ergency withdrawal. Em ergency withdrawals are subject to the approval of the Hardship Review Com m ittee and arrangem ents or additional inform ation about this and specifics of the plan can be obtained from the Hum an Resources Division. (c) Health/Major Medical, Dental and Optical Insurance. The City provides adequate health, m ajor m edical, dental and optical insurance for qualifying em ployees and their qualifying dependents. The basic principle behind the City's plan is to protect em ployee's incom e against catastrophic illness and spiraling m edical costs. (1) Eligibility. Newly hired eligible em ployees who enroll within 30 days of em ploym ent will be covered on the 1 st of the m onth following their hire date. (2) Cost. Em ployees who elect to participate in this benefit are required to contribute through payroll deduction a percentage of the total prem ium for this benefit, as approved by the annual Budget Resolution. Prem ium s and specifics of these plans are subject to change and details can be obtained through the Hum an Resources Division. (3) Term ination of Benefit. Health/Major Medical Dental and Optical Benefits will term inate the first day of the following m onth after the em ployee's date of term ination, retirem ent, induction or call to active m ilitary duty. Conversions upon term ination are m ade available pursuant to COBRA regulations. (d) Life Insurance. The City provides free-of-charge basic term life insurance for each em ployee. Term s and conditions are governed by the m aster docum ent. (1) Eligibility. Newly hired eligible em ployees who enroll within 30 days of em ploym ent will be covered on the 1 st of the m onth following their hire date. (2) Term ination of Benefits. The Life and Accidental Death and Dism em berm ent insurance policy expires the first day of the following m onth after the em ployee's date of term ination or retirem ent. (e) Retirem ent Health/Major Medical, Dental and Optical Insurance. The City provides a basic retirem ent insurance package for eligible em ployees who retire before the age of 65. The City also participates in the conversion and/or COBRA plan provided by its current health carrier. (1) Eligibility: (i) Em ployees m ust be at least fifty five (55) years of age and have no less than 20 years of continuous service with the City to qualify them selves and their dependents. (ii) The em ployee and their dependents m ust be enrolled in the City's group health insurance plan. (2) Cost: Eligible retirees who elect to participate are required to contribute the percentage of the total prem ium for this benefit set forth in the annual Budget Resolution, which is to be paid directly to the City. Prem ium s and specifics of this plan are subject to change. Details can be obtained through the Hum an Resources Division. (3) Term ination of Benefit: Term ination occurs when the retiree fails to m ake prem ium paym ents or when the retiree turns sixty five (65) years of age. (f) Longevity Paym ent A longevity paym ent will be awarded to term inating em ployees hired before Septem ber 1, 2016. This paym ent is the percentage rate of the City Funded Deferred Com pensation Plan and the W yom ing Retirem ent System added to the calculation of the final pay for a term inating em ployees’ vacation, sick and com pensatory tim e payoff. (g) Voluntary Participation Benefits. The City also allows em ployees to voluntarily participate in other group benefits by m eans of payroll deduction such as: Flexible spending accounts, Investm ent accounts, Parks & Recreation Corporate Fitness Passes, additional deferred com pensation contributions, additional life insurance benefits, etc. Specific details can be obtained on these benefits from the Hum an Resources Division. PASSED, APPROVED AND ADOPTED the 19 th day of July, 2016. ___________________________ Kent H. W illiam s, Mayor ATTEST: ____________________________ Am y L. Grenfell, City Clerk The m otion passed unanim ously with 6 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Schuler. Resolution 16-41 Councilmember Schuler introduced Resolution 16-41. Councilmember Schuler moved, Councilmember Perkes seconded, to adopt Resolution 16-41. Resolution 16-41: RESO LUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, W YOMING, AUTHORIZING THE EXECUTION OF THE THIRD AMENDMENT OF THE REAL ESTATE CONTRACT W ITH OPTION PURCHASE, DATED MARCH 2, 2010, ENTERED INTO BY AND BETW EEN THE CITY OF EVANSTON AND THE EVANSTON GOLF CLUB. W HEREAS, the Parties have previously entered into a Real Estate Lease with Option to Purchase, dated March 26, 2003, (the “Lease”), whereby the Golf Club leased prem ises from the City in the clubhouse of the Purple Sage Golf Course to operate a restaurant, bar and m eeting facilities for its m em bers and for m em bers of the public; and W HEREAS, the Parties am ended the Lease through the execution of an Am endm ent of Real Estate Contract with Option Purchase, dated March 2, 2010, (the “Am endm ent”) to reduce the rent and required hours- of-operation and thereby assist the Golf Club in attracting and retaining an operator for the restaurant and bar; and W HEREAS, the Parties extended the term of the Am endm ent by entering into an Agreem ent to Extend the Term of the Am endm ent dated March 2, 2011, which extended the term of the Am endm ent to April 1, 2013; and W HEREAS, the Parties entered into a Second Am endm ent of the Real Estate Contract with O ption Purchase, dated October 16, 2012 which increm entally increased the rent to be paid by the Golf Club to the City over the five year period, com m encing on April 1, 2013, and ending on March 31, 2018, (the “Second Am endm ent”); and W HEREAS, the Parties now desire to enter into this Third Am endm ent of the Lease which will increm entally increase the rent to be paid by the Golf Club to the City for the next five year period, com m encing on April 1, 2018, and ending on March 31, 2023, (the “Third Am endm ent”); NOW , THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, W YOMING THAT: Section 1: The City of Evanston, W yom ing is hereby authorized to execute the Third Am endm ent of the Real Estate Contract with Option Purchase, dated March 2, 2010, entered into by and between the City of Evanston and the Evanston Golf Club, a copy of said Third Am endm ent is attached hereto. Section 2: The Mayor is authorized to sign and the City Clerk attest the Third Am endm ent on behalf of the City of Evanston, W yom ing. Resolution 16-: A RESOLUTION OF THE CITY OF EVANSTON, W YOMING AUTHORIZING PASSED, APPROVED AND ADOPTED the 19 th day of July, 2016. ___________________________ Kent H. W illiam s, Mayor ATTEST: ____________________________ Am y L. Grenfell, City Clerk The m otion passed unanim ously with 6 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Schuler. Aw ard Bid/Street Overlay Project 2016 Councilmember Lynch moved, Councilmember Perkes seconded, to aw ard the bid for the City of Evanston Street Overlay Project 2016 to Staker Parsons Companies, the apparent low bidder meeting all City specifications, in the amount of $255,980.00. The m otion passed unanim ously with 6 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Schuler. Resolution 16-42 Councilmember W elling introduced Resolution 16-42. Councilmember W elling moved, Councilmember Lynch seconded, to adopt Resolution 16-42. Resolution 16-42: RESOLUTION OF THE CITY OF EVANSTON, W YOMING, AUTHORIZING THE EXECUTION OF AN AGREEMENT W ITH STAKER PARSONS CO M PANIES FOR THE COMPLETION OF ALL W ORK REQUIRED FOR THE STREET OVERLAY PROJECT. W HEREAS, the City of Evanston has a need to overlay som e of its streets; and W HEREAS, Staker Parsons Com panies has subm itted the lowest bid for the project; and  W HEREAS, the City of Evanston and Staker Parsons Com panies have set their agreem ent in writing; NOW , THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, W YOMING THAT: Section 1: The Mayor is hereby authorized to execute, and the City Clerk attest, on behalf of the City of Evanston, the attached Agreem ent between the City of Evanston and Staker Parsons Com panies, for com pletion of all work necessary for the street overlay project in Evanston, W yom ing. PASSED, APPROVED AND ADOPTED the 19 th day of July, 2016. ___________________________ Kent H. W illiam s, Mayor ATTEST: ____________________________ Am y L. Grenfell, City Clerk The m otion passed unanim ously with 6 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Schuler. Resolution 16-43 Councilmember Perkes introduced Resolution 16-43. Councilmem ber Perkes moved, Councilmember Kopp seconded, to adopt Resolution 16-43. Resolution 16-43: RESOLUTION OF THE CITY OF EVANSTON, W YOMING, AUTHORIZING THE EXECUTION OF AN AG REEMENT W ITH SCI, INC. FOR THE COMPLETION OF ALL W ORK REQUIRED FOR THE 2016 SEW ER REPLACEMENT PROJECT. W HEREAS, the City of Evanston has a need to replace som e of its sewer; and W HEREAS, SCI, Inc. has subm itted the lowest bid for the project; and W HEREAS, SCI, Inc. is prepared to enter into an agreem ent whereby SCI, Inc. will provide all m aterials and labor specified in the plans and specifications for the 2016 Sewer Replacem ent Project; and W HEREAS, the City of Evanston and SCI, Inc. have set their agreem ent in writing; NOW , THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, W YOMING THAT: Section 1: The Mayor is hereby authorized to execute, and the City Clerk attest, on behalf of the City of Evanston, the attached Agreem ent between the City of Evanston, as Owner, and SCI, Inc., as Contractor, for com pletion of all work necessary for the 2016 Sewer Replacem ent Project. PASSED, APPROVED AND ADOPTED the 19 th day of July, 2016. ___________________________ Kent H. W illiam s, Mayor ATTEST: ____________________________ Am y L. Grenfell, City Clerk The m otion passed unanim ously with 6 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Schuler. Resolution 16-44 Councilmember Schuler introduced Resolution 16-44. Councilmember Schuler moved, Councilmember Lynch seconded, to adopt Resolution 16-44. Resolution 16-44: RESOLUTION OF THE CITY OF EVANSTON, W YOMING, AUTHORIZING THE EXECUTION OF A CONTRACT FOR SERVICES W ITH THE VETERANS OF FOREIGN W ARS POST 4280 TO SUPPORT THE AMERICAN FLAG PROGRAM IN THE CITY OF EVANSTON. W HEREAS, the City of Evanston has traditionally contributed to the VFW Flag Program which displays the Am erican Flag in the com m unity on appropriate occasions; NOW , THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, W YOMING THAT: Section 1: The Mayor is hereby authorized to execute, and the City Clerk attest, on behalf of the City of Evanston, a Contract for Services with the Veterans of Foreign W ars Post 4280 to support the Am erican Flag Program in the City of Evanston, a copy of which is attached hereto.  PASSED, APPROVED AND ADOPTED the 19 th day of July, 2016. ___________________________ Kent H. W illiam s, Mayor ATTEST: ____________________________ Am y L. Grenfell, City Clerk The m otion passed unanim ously with 6 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Schuler. Resolution 16-45 Councilmember W elling introduced Resolution 16-45. Councilmember W elling moved, Councilmember Kopp seconded, to adopt Resolution 16-45. Resolution 16-45: A RESOLUTION OF THE CITY OF EVANSTON, W YOMING AUTHORIZING THE TERMINATION O F AN AGREEMENT DATED MAY 1, 2001, W ITH MYERS ANDERSON ARCHITECTS TO PROVIDE ARCHITECTURAL SERVICES RELATED TO THE RESTORATION AND DEVELOPMENT OF EVANSTON’S ROUNDHOUSE AND RAILYARDS. W HEREAS, on May 16, 2001, the City authorized the execution of an Agreem ent with Myers Anderson Architects, to provide architectural services related to the restoration and developm ent of Evanston’s Roundhouse and Railyards; and W HEREAS, Myers Anderson Architects has provided good and com petent service to City under the Agreem ent over the years; and W HEREAS, the governing body has nevertheless determ ined that it is in the public’s interest to term inate the agreem ent and encourage com petitive proposals and bids for architectural work to be perform ed within Evanston’s Roundhouse and Railyards in the future; and W HEREAS, Section 1.3.8.5 of the Agreem ent authorizes the City to term inate the Agreem ent without cause by providing written notice to the Architect; NOW , THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, W YOMING THAT: Section 1: The Mayor is hereby authorized to term inate the Agreem ent between the City of Evanston and Myers Anderson Architects, dated May 1, 2001 to provide architectural services related to the restoration and developm ent of Evanston’s Roundhouse and Railyards. PASSED, APPROVED AND ADOPTED the 19 th day of July, 2016. ___________________________ Kent H. W illiam s, Mayor ATTEST: ____________________________ Am y L. Grenfell, City Clerk The m otion passed unanim ously with 6 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Schuler. Comments/Remarks Chief Kirby thanked the Mayor and City Councilm em bers for their recent visit to the Police Departm ent. Brian Honey gave an explanation of the com petitive bid process that was recently set by State Statutes. Oop Hansen also thanked the Mayor and City Councilm em bers for visiting the Public W orks Departm ent. Executive Session Councilmember Perkes moved, Councilmember W elling seconded, to go into Executive Session. The m otion passed unanim ously with 6 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Schuler. Councilmember Lynch moved, Councilmember Kopp seconded, to adjourn from Executive Session. The m otion passed unanim ously with 6 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Schuler. Adjournment W ith no further business to be conducted at this tim e Mayor W illiam s adjourned the m eeting at 7:02 p.m . ___________________________ Kent H. W illiam s, Mayor _______________________________ Am y L. Grenfell, City Clerk