City Council

EVANSTON CITY COUNCIL First Regular M eeting February 6, 2018 The official record of proceedings of the first regular m eeting of the Evanston City Council for the m onth of February was held in the Council Cham bers of City Hall on the above date. These proceedings were video recorded. Mayor W illiam s 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, Mike Sellers, and W endy Schuler. 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, Trudy Lym ; Police Chief, Jon Kirby; Director of Engineering & Planning, Dean Barker; Public W orks Director, Oop Hansen; Director of Parks and Recreation, Jay Dee Nielsen; Associate Planner, DuW ayne Jacobson; and Deputy City Clerk, Nancy Stevenson. A group of interested citizens were also present. Approve Agenda Councilmember W elling moved, Councilmember Schuler seconded, to approve the agenda. The m otion passed unanim ously with 7 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Sellers, Schuler. Approve M inutes The official record of proceedings for the City Council M eeting held January 16, 2018, and the W ork Session M eeting held January 23, 2018 w ere approved as presented. Bills Councilmember Lynch moved, Councilmember Kopp seconded, to approve the follow ing bills for payment: January 17, 2018 to February 6, 2018 VENDOR FOR AMOUNT AXA Equivest Payroll 492.45 FlexShare Payroll 2,456.33 ING Life Insurance Payroll 13.20 IRS Tax Deposit Payroll 38,934.66 Orchard Trust Payroll 768.35 Parks and Recreation Payroll 221.61 Vantage Point Payroll 643.90 W ells Fargo Payroll 208.00 Payroll Payroll 110,270.60 Dennis M. Boal Services 3,740.00 Bushnell Corporation Supplies 375.31 Auto Farm Parts 178.47 Cazin’s Supplies 397.00 CD’s Electric Electrical 2,424.75 Com m unication Technologies Equipm ent 1,235.00 Verizon W ireless Cell Phones 834.50 Cook-Sanders & Associates Services 195.00 CSI-Network Contract 4,212.00 Cum m ins Rock Mountain Maintenance 1,397.50 Deru’s Glass Supplies 16.69 Ellingford’s Supplies 37.25 Energy Laboratories Testing 1,220.00 Evanston Cham ber of Com m erce Legislative Meeting 90.00 Evanston Parks & Recreation Reim bursem ent/City Subsidy 125,160.44 Foreup Subscription 775.35 Fastenal Parts 260.24 Flexshare Benefit Cobra 50.00 Forsgren Associates Services 4,778.75 Frontier Psychological Services 575.00 Century Link Utilities 1,311.58 Randy’s Heating & AC Repairs 2,086.66 Good to Grow Supplies 1,067.00 Murdochs Supplies 329.99 Harris Law Office Contract 4,000.00 Evanston Regional Hospital Testing 71.13 Jack’s Truck & Equipm ent Parts 409.82 Kallas Autom otive Parts 533.85 Mile High Turfgrass Supplies 170.00 Modern Cleaners Laundry Services 540.35 Morcon Industrial Supplies 1,715.10 Mountain W est Business Solutions Contract 1,023.73 Myers/Anderson Architects Services 2,821.17 North Ridge Construction Contract 156,015.15 OT Excavation Services 355.00 Office Products Dealer Supplies 629.21 Porter Muirhead Cornia Howard Audit Fees 20,000.00 Real Kleen Janitorial Supplies 454.74 Rotational Molding Trash Containers 5,160.00 Sigm a-Aldrich Testing 392.52 Six States Parts 633.43 Skaggs Com panies Supplies 866.92 Standard Plum bing Parts 6.24 Stateline Metals Services 1,043.50 T-7 Propane Propane 814.06 Tom ’s HVAC Repairs 2,850.00 Thatcher Chem ical Supplies 5,051.93 Uinta County Herald Ads 689.60 Uinta County School District #1 IT Services 27,600.00 Rocky Mountain Power Utilities 5,296.81 Vision Auto Glass W indshield 315.00 W alMart Supplies 617.26 W eir Floway Parts 150.84 W estar Printing Printing 450.00 W heeler Machinery Parts 44.24 The Lum beryard Supplies 46.29 W yom ing Law Enforcem ent Academ y Registration 855.00 Yam aha Motor Corp Contract 3,281.75 UPS Shipping 156.26 W yom ing Departm ent of Transportation Supplies 94.35 Monsen Engineering Maintenance Agreem ent 1,728.00 Golden Rule Supplies 532.90 Shipping Plus Shipping 16.95 Public Agency Training Council Registration 975.00 Sulphur Creek Reservoir Co Maintenance 170.00 Jeannie Staley Refund 100.00 David Steinbeck Refund 100.00 Ginger W illiam s Refund 54.49 Ketchum Manufacturing Supplies 186.83 The m otion passed unanim ously with 7 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Sellers, Schuler. Revenue & Expenditure Report Councilmember Perkes moved, Councilmember W elling seconded, to approve the Revenue and Expenditure Report for Novem ber 2017. The m otion passed unanim ously with 7 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Sellers, Schuler. Council Comments Councilm em ber Sellers com m ented on a new pet store and jewelry store that are opening for business in Evanston. He encouraged everyone to support these new businesses, as well as all our local businesses. Mayor W illiam s com m ent on the City Flag in the Council Cham bers with the new City logo on it. He thanked all those who worked to create the new logo. Appointment to Boards/Commissions M ayor W illiam s made an appointment to the follow ing board. Councilmember Schuler moved, Councilmember Lynch seconded, to confirm the following appointments: Urban Renew al Board Maria Escalante - January 2023 The m otion passed unanim ously with 6 yes votes: Lynch, Kopp, Perkes, W elling, Sellers, Schuler.  Public Hearing/CDBG Technical Assistance Grant Closeout City Attorney, Dennis Boal conducted a Public Hearing to solicit public com m ents regarding the closing of the Com m unity Developm ent Block Grant/CDBG (Technical Assistance) on behalf of the Evanston Cham ber of Com m erce to the W yom ing Business Council for the establishm ent of an online business tools program located on the Cham ber of Com m erce’s website. City Clerk, Am y Grenfell gave a broad overview of the grant program and the purpose of the Public Hearing. Evanston Cham ber of Com m erce Director, Marian McLean gave an overview of how the program works and is being used. No one else addressed the issue and Mr. Boal closed the hearing. Public Hearing/Adkins Subdivision Annexation City Attorney, Dennis Boal conducted a Public Hearing to receive public inform ation, input, and com m ents for the annexation of the Adkins Subdivision, a Subdivision located within the South Half of Section 19, Township 15 North, Range 120 W est of the 6th P.M., Uinta County, W yom ing. Public W orks Director, Oop Hansen explained the reason for the annexation. No one else addressed the issue and the hearing was closed. Ordinance 18-01 Councilmember Kopp moved, Councilmember W elling seconded, to pass Ordinance 18-01 on third and final reading. ORDINANCE NO. 18-01: AN ORDINANCE OF THE CITY OF EVANSTON, W YOMING, GRANTING AN ELECTRIC UTILITY FRANCHISE AND GENERAL UTILITY EASEMENT TO ROCKY MOUNTAIN POW ER. W HEREAS, Rocky Mountain Power, is a regulated public utility that provides electric power and energy to the citizens of Evanston City (the "City") and other surrounding areas; W HEREAS, providing electrical power and energy requires the installation, operation and m aintenance of power poles and other related facilities to be located within the public ways of the City; W HEREAS, the City desires to set forth the term s and conditions by which Rocky Mountain Power shall use the public ways of the City; NOW , THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY O F THE CITY OF EVANSTON, W YOMING THAT: SECTION 1. Grant of Franchise and General Utility' Easem ent. The City hereby grants to Rocky Mountain Power the right, privilege and authority to construct, m aintain, operate, upgrade, and relocate its electrical distribution and transm ission lines and related appurtenances, including underground conduits and structures, poles, towers, wires, guy anchors, vaults, transform ers, transm ission lines, and com m unication lines (collectively referred to herein as "Electric Facilities") in, under, along, over and across the present and future streets, alleys, and rights-of-way, not including City parks, buildings or other spaces not associated with City- owned rights-of-way (collectively referred to herein as "Public W ays") within the City, for the purpose of supplying and transm itting electric power and energy to the inhabitants of the City and persons and corporations beyond the lim its thereof. SECTION 2. Term . The term of this Franchise and General Utility Easem ent is for twenty five (25) years com m encing on the date of acceptance by the Com pany as set forth in Section 3 below. SECTION 3. Acceptance by Com pany. W ithin sixty (60) days after the passage of this ordinance by the City, Rocky Mountain Power shall file an unqualified written acceptance thereof, with the City Recorder otherwise the ordinance and the rights granted herein shall be null and void. SECTION 4. Non-Exclusive Franchise. The right to use and occupy the Public W ays of the City shall be nonexclusive and the City reserves the right to use the Public W ays for itself or any other entity that provides service to City residences; provided, however, that such use shall not unreasonably interfere with Rocky Mountain Power's Electric Facilities or Rocky Mountain Power's rights as granted herein. SECTION 5. City Regulatory Authority. In addition to the provision herein contained, the City reserves the right to adopt such additional ordinances and regulations as m ay be deem ed necessary in the exercise of its police power for the protection of the health, safety and welfare of its citizens and their properties or exercise any other rights, powers, or duties required or authorized, under the Constitution of the State of W yom ing, the laws of W yom ing or City Ordinance. SECTION 6. Indem nification. The City shall in no way be liable or responsible for any loss or dam age to property or any injury to, or death, of any person that m ay occur in the construction, operation or m aintenance by Rocky Mountain Power of its Electric Facilities. Rocky Mountain Power shall indem nify, defend and hold the City harm less from and against claim s, dem ands, liens and all liability or dam age of whatsoever kind on account of Rocky Mountain Power's use of the Public W ays within the City, and shall pay the costs of defense plus reasonable attorneys' fees for any claim , dem and or lien brought thereunder. The City shall: (a) give prom pt written notice to Rocky Mountain Power of any claim , dem and or lien with respect to which the City seeks indem nification hereunder; and (b) perm it Rocky Mountain Power to assum e the defense of such claim , dem and, or lien. If such defense is not assum ed by Rocky Mountain Power, Rocky Mountain Power shall not be subject to liability for any settlem ent m ade without its consent. Notwithstanding any provision hereof to the contrary, Rocky Mountain Power shall not be obligated to indem nify, defend or hold the City harm less to the extent any claim , dem and or lien arises out of or in connection with any negligent or willful act or failure to act of the City or any of its officers or em ployees. SECTION 7. Annexation.  7.1 Extension of City Lim its. Upon the annexation of any territory to the City, the rights granted herein shall extend to the annexed territory to the extent the City has such authority. All Electrical Facilities owned, m aintained, or operated by Rocky Mountain Power located within any public ways of the annexed territory shall thereafter be subject to all of the term s hereof. 7.2 Notice of Annexation. W hen any territory is approved for annexation to the City, the City shall, not later than ten (10) working days after passage of an ordinance approving the proposed annexation, provide by certified m ail to Rocky Mountain Power: (a) each site address to be annexed as recorded on county assessm ent and tax rolls; (b) a legal description of the proposed boundary change; and c) a copy of the City's ordinance approving the proposed annexation. The notice shall be m ailed to: Rocky Mountain Power Attn: Annexations P.O. Box 400 Portland, Oregon 97207-0400 W ith a copy to: Rocky Mountain Power Attn: Office of the General Counsel 1407 W est North Temple, Room 320 Salt Lake City, UT 84116 SECTION 8. Plan, Design, Construction and Installation of Company Facilities. 8.1 All Electrical Facilities installed or used under authority of this Franchise shall be used, constructed and maintained in accordance with applicable federal, state and city laws, codes and regulations. 8.2 Except in the case of an emergency, Rocky Mountain Power shall, prior to commencing new construction or major reconstruction work in the Public W ays, apply for any permit from the City as may be required by the City's ordinances, which permit shall not be unreasonably withheld, conditioned, or delayed. Rocky Mountain Power will abide by all applicable ordinances and all reasonable rules, regulations and requirements of the City, and the City may inspect the manner of such work and require remedies as may be reasonably necessary to assure compliance. Notwithstanding the foregoing, Rocky Mountain Power shall not be obligated to obtain a permit to perform emergency repairs. 8.3 All Electric Facilities shall be located so as to cause minimum interference with the Public W ays of the City and shall be constructed, installed, maintained, cleared of vegetation, renovated or replaced in accordance with applicable rules, ordinances and regulations of the City. 8.4 If, during the course of work on its Electrical Facilities, Rocky Mountain Power causes damage to or alters the Public W ay or public property, Rocky Mountain Power shall (at its own cost and expense and in a manner reasonably approved by the City) replace and restore it in as good a condition as existed before the work commenced. 8.5 In addition to the installation of underground electric distribution lines as provided by applicable state law and regulations, Rocky Mountain Power shall, upon payment of all charges provided in its tariffs or their equivalent, place newly constructed electric distribution lines underground as may be required by City ordinance. 8.6 The City shall have the right without cost to use all poles and suitable overhead structures owned by Rocky Mountain Power within Public W ays for City wires used in connection with its fire alarms, police signal systems, or other public safety communication lines used for governmental purposes; provided, however, any such uses shall be for activities owned, operated or used by the City for a public purpose and shall not include the provision of CATV, internet, or similar services to the public. Provided further, that Rocky Mountain Power shall assume no liability nor shall it incur, directly or indirectly, any additional expense in connection therewith, and the use of said poles and structures by the City shall be in such a manner as to prevent safety hazards or interferences with Rocky Mountain Power's use of same. Nothing herein shall be construed to require Rocky Mountain Power to increase pole size, or alter the manner in which Rocky Mountain Power attaches its equipment to poles, or alter the manner in which it operates and maintains its Electric Facilities. City attachments shall be installed and maintained in accordance with the reasonable requirements of Rocky Mountain Power and the current edition of the National Electrical Safety Code pertaining to such construction. Further, City attachments shall be attached or installed only after written approval by Rocky Mountain Power in conjunction with Rocky Mountain Power's standard pole attachment application process. Rocky Mountain Power shall have the right to inspect, at the City's expense, such attachments to ensure compliance with this Section 8.6 and to require the City to remedy any defective attachments. 8.7 Rocky Mountain Power shall have the right to excavate the Public Rights of W ays subject to reasonable conditions and requirements of the City. Before installing new underground conduits or replacing existing underground conduits, Rocky Mountain Power shall first notify the City of such work by written notice and shall allow the City, at its own expense (to include a pro rata share of the trenching costs), to share the trench of Rocky Mountain Power to lay its own conduit therein, provided that such action by the City will not unreasonably interfere with Rocky Mountain Power's Electrical Facilities or delay project completion. 8.8 Before commencing any street improvements or other work within a Public W ay that may affect Rocky Mountain Power's Electric Facilities, the City shall give written notice to Rocky Mountain Power. SECTION 9. Relocations of Electric Facilities. 9.1 The City reserves the right to require Rocky Mountain Power to relocate its Electric Facilities within the Public W ays in the interest of public convenience, necessity, health, safety or welfare at no cost to the City. W ithin a reasonable period of time after written notice, Rocky Mountain Power shall promptly com m ence the relocation of its Electrical Facilities. Before requiring a relocation of Electric Facilities, the City shall, with the assistance and consent of Rocky Mountain Power, identify a reasonable alignment for the relocated Electric Facilities within the Public W ays of the City. The City shall assign or otherwise transfer to Company all right it may have to recover the cost for the relocation work and shall support the efforts of Rocky Mountain Power to obtain reimbursement. 9.2 Rocky Mountain Power shall not be obligated to pay the cost of any relocation that is required or made a condition of a private development. If the removal or relocation of facilities is caused directly or otherwise by an identifiable development of property in the area, or is made for the convenience of a customer, Rocky Mountain Power may charge the expense of removal or relocation to the developer or customer. For example, Rocky Mountain Power shall not be required to pay relocation costs in connection with a road widening or realignment where the road project is made a condition of or caused by a private development. SECTION 10. Subdivision Plat Notification. Before the City approves any new subdivision and before recordation of the plat, the City shall obtain Rocky Mountain Power's approval of Electrical Facilities, including underground facilities to be installed by the developer, and associated rights of way depicted on the plat. A copy of the plat shall be mailed for approval to Rocky Mountain Power: Rocky Mountain Power Attn: Estimating Department 105 COMMERCE DR EVANSTON, W Y 82930 SECTION 11. Vegetation Management. Rocky Mountain Power or its contractor may prune all trees and vegetation which overhang the Public W ays, whether such trees or vegetation originate within or outside the Public W ays to prevent the branches or limbs or other part of such trees or vegetation from interfering with Rocky Mountain Power's Electrical Facilities. Such pruning shall comply with the American National Standard for Tree Care Operation (ANSI A300) and be conducted under the direction of an arborist certified with the International Society of Arboriculture. A growth inhibitor treatment may be used for trees and vegetation species that are fast-growing and problematic. Nothing contained in this Section shall prevent Rocky Mountain Power, when necessary and with the approval of the owner of the property on which they may be located, from cutting down and removing any trees which overhang streets. SECTION 12. Compensation. 12.1 In consideration of the rights, privileges, and franchise hereby granted, Rocky Mountain Power shall pay to the City from and after the effective date of the acceptance of this franchise, one percent (1%) of its gross revenues derived from within the corporate limits of City. The term "gross revenue" as used herein shall be construed to mean any revenue of Rocky Mountain Power derived from the retail sale and use of electric power and energy within the municipal boundaries of the City after adjustment for the net write-off of uncollectible accounts and corrections of bills theretofore rendered. Notwithstanding any provision to the contrary, at any time during the term of this Franchise, the City may elect to increase the franchise fee amount as may then be allowed by state law. The City shall provide Rocky Mountain Power with prior written notice of such increase following adoption of the change in percentage by the City. The increase shall be effective sixty (60) days after City has provided such written notice to Rocky Mountain Power. 12.2 The franchise 'fee shall not be in addition to any other license, occupation, franchise or excise taxes or charges which might otherwise be levied or collected by the City from Grantee with respect to Grantee's electric business or the exercise of this franchise within the corporate limits of the City and the amount due to the City under any such other license, occupation, franchise or excise taxes or other charges for corresponding periods shall be reduced by deducting therefrom the amount of said franchise fee paid hereunder. SECTION 13. Renewal. At least 120 days prior to the expiration of this Franchise, Rocky Mountain Power and the City either shall agree to extend the term of this Franchise for a mutually acceptable period of time or the parties shall use best faith efforts to renegotiate a replacement Franchise. Rocky Mountain Power shall have the continued right to use the Public W ays of the City as set forth herein in the event an extension or replacement Franchise is not entered into upon expiration of this Franchise. SECTION 14. No W aiver. Neither the City nor Rocky Mountain Power shall be excused from complying with any of the terms and conditions of this Franchise by any failure of the other, or any of its officers, employees, or agents, upon any one or more occasions to insist upon or to seek compliance with any such terms and conditions. SECTION 15. Transfer of Franchise. Rocky Mountain Power shall not transfer or assign any rights under this Franchise to another entity, except transfers and assignments by operation of law, or to affiliates, parents or subsidiaries of Rocky Mountain Power which assume all of Rocky Mountain Power's obligations hereunder, unless the City shall first give its approval in writing, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, Rocky Mountain Power may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Franchise to any financing entity, or agent on behalf of any financing entity to whom Rocky Mountain Power (1) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instrum ents, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. SECTION 16. Amendment. At any time during the term of this Franchise, the City through its City Council, or Rocky Mountain Power may propose amendments to this Franchise by giving thirty (30) days written notice to the other party of the proposed amendment(s) desired, and both parties thereafter, through their designated representatives, will, within a reasonable time, negotiate in good faith in an effort to agree upon mutually satisfactory amendment(s). No amendment or amendments to this Franchise shall be effective until mutually agreed upon by the City and Rocky Mountain Power and formally adopted as an ordinance amendment, which is accepted in writing by Rocky Mountain Power. SECTION 17. Non-Contestability-Breach of Contract. 17.1 Neither the City nor Rocky Mountain Power will take any action for the purpose of securing modification of this Franchise before either the Public Service Commission or any Court of competent jurisdiction; provided, however, that neither shall be precluded from taking any action it deems necessary to resolve difference in interpretation of the Franchise nor shall Rocky Mountain Power be precluded from seeking relief from the Courts in the event Public Service Commission orders, Riles or regulations conflict with or make performance under the Franchise illegal. 17.2 In the event Rocky Mountain Power or the City fails to fulfill any of their respective obligations under this Franchise, the City, or Rocky Mountain Power, whichever the case may be will have a breach of contract claim and remedy against the other in addition to any other remedy provided by law, provided that no remedy which would have the effect of amending the specific provisions of this Franchise shall become effective without such action which would be necessary to formally amend the Franchise. SECTION 18. Notices. Unless otherwise specified herein, all notices from Rocky Mountain Power to the City pursuant to or concerning this Franchise shall be delivered to the City Recorder's Office. Unless otherwise specified herein, all notices from the City to Rocky Mountain Power pursuant to or concerning this Franchise shall be delivered to the Regional Business Management Director, Rocky Mountain. Power, 70 North 200 East, Room 122, American Fork, Utah, 84003, and such other office as Rocky Mountain Power may advise the City of by written notice. SECTION 19. Severability. If any section, sentence, paragraph, term or provision hereof is for any reason determined to be illegal, invalid, or superseded by other lawful authority including any state or federal regulatory authority having jurisdiction thereof or unconstitutional, illegal or invalid by any court of common jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term of the Franchise or any renewal or renewals thereof. SECTION 20. W aiver of Jury Trial. To the fullest extent permitted by law, each of the parties hereto waives any right it may have to a trial by jury in respect of litigation directly or indirectly arising out of, under or in connection with this agreement. Each party further waives any right to consolidate any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. PASSED AND APPROVED on First Reading this 2nd day of January , 2018. PASSED AND APPROVED on Second Reading this 16th day of January, 2018. PASSED AND APPROVED on Third and Final Reading this 6th day of February, 2018. The motion passed unanimously on third and final reading with 7 yes votes: W illiams, Lynch, Kopp, Perkes, W elling, Sellers, Schuler. Ordinance 18-02 Councilmember Perkes sponsored Ordinance 18-02. Councilmember Welling moved, Councilmember Schuler seconded, to pass Ordinance 18-02 on first reading. ORDINANCE 18-02: AN ORDINANCE OF THE CITY OF EVANSTON, W YOMING, ANNEXING THE REAL PROPERTY MORE PARTICULARLY DESCRIBED HEREIN AS REQUESTED IN THE PETITION TO ANNEX SUBMITTED BY ROBERT JAMES DOUGLAS. The motion passed unanimously on first reading with 7 yes votes: W illiams, Lynch, Kopp, Perkes, W elling, Sellers, Schuler. Police Department/Trade-in Handguns Councilmember Lynch moved, Councilmember Kopp seconded, to authorize the Police Department to trade-in specified handguns for trade-in value, or as an alternative, sell them to police officers for then value. The motion passed unanimously on first reading with 7 yes votes: W illiams, Lynch, Kopp, Perkes, W elling, Sellers, Schuler. Resolution 18-08 Councilmember Perkes introduced Resolution 18-08. Councilmember Perkes moved, Councilmember Welling seconded, to adopt Resolution 18-08. RESOLUTION 18-08: RESOLUTION OF THE CITY OF EVANSTON, W YOMING, AUTHORIZING THE EXECUTION AND CONVEYANCE OF A REVISED ACCESS AND USE EASEMENT TO THE W YOMING DEPARTMENT OF ENVIRONMENTAL QUALITY, (DEQ),FOR THE INSTALLATION OF A REMEDIATION SHED AND ADDITIONAL GROUNDW ATER MONITORING W ELLS. W HEREAS, in 2012 the City conveyed to DEQ an Access and Use Agreement to locate a groundwater monitoring well near the intersection of Front Street and Harrison Drive ; and W HEREAS, DEQ has over time, with the City’s knowledge and consent, added monitoring wells and a remediation shed in the Front Street right of way from 12th Street to Harrison Drive; and W HEREAS, the City needs to convey a revised Access and Use Easement to the W yoming Department of Environmental Quality, (DEQ), to accom modate the installation of the remediation shed and additional groundwater monitoring wells; NOW , THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, W YOMING THAT: Section 1: The Mayor and City Clerk are hereby authorized to sign, attest and convey the Access and Use Easement to the W yoming Department of Environmental Quality for the installation of a remediation shed and ground water monitoring wells, a copy of which is attached hereto. PASSED, APPROVED AND ADOPTED the 6th day of February, 2018. ___________________________ Kent H. W illiams, Mayor ATTEST: ____________________________ Amy L. Grenfell, City Clerk The motion passed unanimously with 7 yes votes: W illiams, Lynch, Kopp, Perkes, W elling, Seller, Schuler. Resolution 18-09 Councilmember Schuler introduced Resolution 18-09. Councilmember Schuler moved, Councilmember Sellers seconded, to adopt Resolution 18-09. RESOLUTION 18-09: A RESOLUTION OF THE CITY OF EVANSTON, W YOMING AUTHORIZING THE EXECUTION OF A GATEW AY AND ADMINISTRATIVE SERVICE AGREEMENT W ITH XPRESS BILL PAY TO PROVIDE AN INTERNET PAYMENT SYSTEM FOR THE CITY. W HEREAS, the City of Evanston has a need to improve its internet payment system to enable customers to pay utility bills to the City electronically; and W HEREAS, Xpress Bill Pay proposes to provide an improved internet payment system for the City pursuant to the attached Gateway and Administrative Service Agreement; 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 Gateway and Administrative Service Agreement between the City of Evanston and Xpress Bill Pay, to provide an internet payment system for the City, a copy of which is attached hereto.  PASSED, APPROVED AND ADOPTED the 6th day of February, 2018. ___________________________ Kent H. W illiams, Mayor ATTEST: ____________________________ Amy L. Grenfell, City Clerk The motion passed unanimously with 7 yes votes: W illiams, Lynch, Kopp, Perkes, W elling, Seller, Schuler. Resolution 18-10 Councilmember Perkes introduced Resolution 18-10. Councilmember Perkes moved, Councilmember Lynch seconded, to adopt Resolution 18-10. RESOLUTION 18-10: A RESOLUTION OF THE CITY OF EVANSTON, W YOMING AUTHORIZING THE EXECUTION OF A MERCHANT APPLICATION AND AGREEMENT W ITH JPMORGAN CHASE BANK AND PAYMETECH LLC TO PROCESS AND PAY CREDIT CARD TRANSACTIONS FOR THE CITY. W HEREAS, the City of Evanston has a need to improve its internet payment system to enable customers to pay utility bills to the City electronically; and W HEREAS, JPMorgan Chase Bank and Paymetech LLC will process and pay credit card transactions for the City pursuant to the attached Merchant Application and Agreement; 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 Merchant Application and Agreement between the City of Evanston and JPMorgan Chase Bank and Paymetech LLC to process and pay credit card transactions for the City, a copy of which is attached hereto. PASSED, APPROVED AND ADOPTED the 6th day of February, 2018. ___________________________ Kent H. W illiams, Mayor ATTEST: ____________________________ Amy L. Grenfell, City Clerk The motion passed unanimously with 7 yes votes: W illiams, Lynch, Kopp, Perkes, W elling, Seller, Schuler. Adjournment W ith no further business to be conducted at this time Mayor W illiams adjourned the meeting at 6:12 p.m. ___________________________ Kent H. W illiams, Mayor _______________________________ Amy L. Grenfell, City Clerk