City Council

EVANSTON CITY COUNCIL First Regular M eeting September 4, 2018 The official record of proceedings of the first regular m eeting of the Evanston City Council for the m onth of Septem ber was held in the Council Cham bers of City Hall on the above date. These proceedings were video recorded. Councilm em ber Perkes 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 ; Director of Engineering & Planning, Dean Barker; Police Lieutenant, Mike Vranish; Public W orks Director, Oop Hansen; Director of Parks and Recreation, Scott Ehlers; Associate Planner, DuW ayne Jacobsen; and Deputy City Clerk, Nancy Stevenson. Police Chief, Jon Kirby was excused. 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 August 21, 2018 and the W ork Session M eeting held August 28, 2018 w ere approved as presented. Bills Councilmember Lynch moved, Councilmember Kopp seconded, to approve the follow ing bills for payment: August 22, 2018 to Septem ber 4, 2018 VENDOR FOR AMOUNT AXA Equivest Payroll 492.45 Evanston Police Benevolent Payroll 216.00 Flex Share Payroll 2,396.33 ING Life Insurance Payroll 13.20 IRS Tax Deposit Payroll 42,748.41 Orchard Trust Payroll 20,903.35 Parks and Recreation Payroll 221.89 Vantage Point Payroll 443.90 Payroll Payroll 122,268.23 Blue360 Media Supplies 147.56 Dennis M. Boal Services 2,252.00 Bushnell Corporation Supplies 247.92 Calibration Tech Parts 13.70 Auto Farm Vehicle 38,186.47 Cazin’s Supplies 421.93 CD’s Electric Electrical 2,450.30 Verizon W ireless Cell Phones 842.97 Consolidate Paving & Concrete Street Overlay 357,075.31 CSI-Networks Telecom Services 97.50 Ellingford’s Cem ent 4,270.08 Evanston Cham ber of Com m erce Refund 300.00 Century Link Utilities 428.37 Evanston Parks & Recreation Reim bursem ent 54,990.52 Ferguson Enterprises Metering System Upgrade 8,673.68 Fastenal Supplies 66.61 Flare Fire Protection Maintenance 706.00 Forsgren Associates Services 850.00 Harris Law Office Contract 4,000.00 Hutchinson Oil Fuel 931.68 Jack’s Truck & Equipm ent Parts 61.37 Kallas Autom otive Parts 842.44 Kellerstrass Oil Supplies 214.28 Longhorn Construction Contract 50,579.01 Morcon Industrial Supplies 203.25 Mountain W est Business Solutions Service Agreem ent 448.38 Dom inion Energy Utilities 19.94 Mountainland Supply Parts 3,319.00 Myers/Anderson Services 6,122.24 OT Excavation Services 350.00 Office Products Dealer Supplies 370.29 Staker Parson Com panies Asphalt 874.70 Pukka Supplies 535.20 Ping Supplies 174.92 Rip’s Propane 25.96 Rocky Mountain Turf Parts 713.06 Shred-It USA Docum ent Shredding 76.51 Skaggs Supplies 1,242.95 Sm ith’s Food & Drug Supplies 259.68 Superior Rental Supplies 41.98 Turf Equipm ent Parts 355.21 Rocky Mountain Power Utilities 16,267.12 W alm art Supplies 1,183.12 Yam aha Motor Corp Contract 3,281.75 Ken Pearson Service Award 100.00 UPS Shipping 235.70 Oquirrhberg Kennels Tuition 3,000.00 Eisinger-Sm ith Supplies 502.18 Arts, Inc Contract 5,184.00 Media Skills Ads 19,399.00 Shipping Plus Shipping 58.16 The Bugnappers Services 530.00 Paula or Ozzie Knezovich Refund 100.00 Marty or Baileigh Anderson Refund 100.00 W alter Dan W heeler Refund 280.00 Teton Developm ent Refund 100.00 Barbara Janicek Refund 200.00 Melanie Montgom ery Refund 150.00 Kelsey Sullivan Refund 150.00 Prasad Mattey Refund 150.00 The m otion passed unanim ously with 7 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Sellers, Schuler. Council Comments Mayor W illiam s, Councilm em bers Perkes, Sellers, and Schuler all com m ented on the recent Cowboy Day’s weekend and thanked everyone that had a part in m aking it a great weekend for our com m unity and all the folks that attended from out of town. They com m ented on the wonderful fireworks show, the rodeos, the parade, the rotary breakfast and a num ber of other events that took place throughout the weekend. Appointment/ Lodging Tax Board M ayor W illiams made an appointment to the follow ing board. Councilmember Schuler moved, Councilmember W elling seconded, to confirm the follow ing appointment: Lodging Tax Board Cody Batem an - January 2020 The m otion passed unanim ously with 6 yes votes: Lynch, Kopp, Perkes, W elling, Sellers, Schuler. Public Hearing/Vacation of Portion “D” Street City Attorney, Dennis Boal conducted a public hearing to consider all protests, rem onstrates or objections to said vacation of a portion of the Avenue “D” Stub Street. Director of Engineering and Planning, Dean Barker gave a broad overview and explained the reason for the vacation. No one else approached the podium and the hearing was closed. Public Hearing/Liquor License Renew als A public hearing was conducted by City Attorney, Dennis Boal for all the applicants that filed for the renewal of their liquor licenses within the City of Evanston. Mr. Boal stated that all the applications have been reviewed by City Staff and the W yom ing Liquor Division. Notice for the hearing has been advertised for two consecutive weeks in the local newspaper and a notice has been posted at each place of business. Mr. Boal first addressed the license held by BK Managem ent, LLC., stating that this license has been non-operational for over two years and that the State Liquor Division has advised that the license is not eligible for renewal. Mr. Boal asked if there was anyone that wanted to speak in regards to that license. Dharm esh Ahir, owner of BK Managem ent, LLC, spoke stating that he is working to find a suitable tenant for his establishm ent and would like m ore tim e to do so. No one else spoke to the BK Managem ent license. Mr. Boal then asked if there was any opposition or com m ents regarding any of the rem aining liquor license renewals. Maryl Thom pson questioned the operation and hours of BAD Co., Inc. No one else addressed the liquor license renewals and Mr. Boal closed the hearing.  Liquor License Renew al/BK M anagement, LLC Councilmember Lynch moved, Councilmember Perkes seconded, to approve the renewal of the Liquor License for BK M anagement, LLC., dba: BK M anagement. The m otion failed with 7 no votes: W illiam s, Lynch, Kopp, Perkes, W illiam s, Sellers, Schuler. Liquor License Renew als Councilmember W elling moved, Councilmember Schuler seconded, to renew the follow ing Liquor Licenses w ithin the City of Evanston: Applicant Doing Business As Type Rachel’s, LLC Kate's Retail B.A.D. Co., Inc. Michael’s Bar and Grill Retail The Last Outpost, Inc. Don Pedro Fam ily Mexican Restaurant Retail Yellow Creek Liquor, Inc. Discount Liquor Retail W yom ing Downs OTB 8, LLC W yom ing Downs OTB Retail Spanky’s Bar, LLC Spanky’s Bar Retail Sm ith’s Food & Drug Center, Inc. Sm ith’s #86 Retail Guru Arjundevji, Inc. 3B Sinclair Retail The Golden Ticket, LLC The Painted Lady Saloon Retail Fraternal Order of Eagles #2359 FOE #2359 Lim ited Dunm ar Inn, LLC Legal Tender Lounge Retail V.F.W . Post 4280 V.F.W . Post 4280 Lim ited BASK, Inc. TC’s Steakhouse Bar & Grill Grille at Purple Sage, LLC The Grille at Purple Sage Retail APE W yom ing, LLC Porter's TNT Fireworks Retail High Plains Pizza, Inc. Pizza Hut #234 Restaurant Jalisco Mexican Grill, LLC Jalisco Mexican Grill Restaurant Five - K, Inc. The Lincoln Highway Tavern Retail Tum blin Tum bleweeds, LLC Tum blin Tum bleweeds Bar & Grill H.N.A., Inc. Cowboy Joe’s Retail Fraughton Enterprises, LLC The Last Chance Retail OB5, LLC Discount Liquor Retail Maverik, Inc. Maverik #162 Retail Spirits of Red Mountain, Inc. Spirits of Red Mountain Retail Bon Rico, Inc. Bon Rico Retail R & R Station, LLC R & R Station Restarurant Suds Brother, Inc. Suds Brothers Brewery Bar & Grill Sum m it Lodging, LLC Knights Inn Resort Main St. Deli, LLC Main Street Deli Restaurant The m otion passed unanim ously with 7 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Sellers, Schuler. Consent Agenda Councilmember Lynch moved, Councilmember Kopp seconded, to approve a Street Closure Permit requested by City Drug for an Appreciation BBQ for the area First Responders on Saturday, September 15, 2018 on 10th Street betw een M ain Street and Center Street from 8:00 a.m. to 3:00 p.m.; and a Limited M alt Beverage Permit requested by the Uinta County M useum for the Dutch Oven Cook- off Challenge fundraiser event in Depot Square on Saturday, September 15, 2018, from 2:00 p.m. to 6:00 p.m. The m otion passed unanim ously with 7 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Sellers, Schuler. Ordinance 18-05 Councilmember Perkes moved, Councilmember Sellers seconded, to pass Ordinance 18-05 on third and final reading. ORDINANCE 18-05: 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 2018 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; NOW , THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY O F 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 2018 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 7 th day of August, 2018. PASSED AND APPROVED on Second Reading this 21 st day of August, 2018. PASSED AND APPROVED on Third and Final Reading this 4 th day of Septem ber, 2018. CITY OF EVANSTON, W YOMING Kent H. W illiam s, Mayor ATTEST: Am y L. Grenfell, City Clerk The m otion passed unanim ously on third and final reading with 7 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Sellers, Schuler. Award Bid/Loader/Backhoe/Public W orks Councilmember Schuler moved, Councilmember W elling seconded, to award the bid for one (1) 2018 or 2019 Loader/Backhoe w ith plow, for the Public W orks Department, to W heeler M achinery, the apparent low bidder meeting all City specifications, in the amount of $87,297.00. The m otion passed unanim ously on second reading with 7 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Sellers, Schuler. Ordinance 18-06 Councilmember Perkes sponsored Ordinance 18-06. Councilmember Welling moved, Councilmember Sellers seconded, to pass Ordinance 18-06 on first reading. ORDINANCE 18-05: AN ORDINANCE OF THE CITY OF EVANSTON, W YOMING, VACATING A PORTION OF AVENUE “D” OF THE UNIO N PACIFIC RAILW AY COMPANY’S FIRST ADDITION TO THE CITY OF EVANSTON, AS MORE PARTICULARLY DESCRIBED HEREIN. The m otion passed unanim ously on first reading with 7 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Sellers, Schuler. Resolution 18-63 Councilmember Lynch introduced Resolution 18-63. Councilmember Lynch moved, Councilmember Kopp seconded, to adopt Resolution 18-63. RESOLUTION 18-63: RESOLUTION OF THE CITY OF EVANSTON, W YOMING, AUTHORIZING THE RENEW AL OF A CONTRACT FOR INTERNET SERVICES W ITH ALL W EST CO M M UNICATIONS TO PROVIDE INTERNET SERVICES FOR THE CITY. W HEREAS, the City of Evanston currently receives internet services from All W est Com m unications; and W HEREAS, it is necessary to sign the attached form in order for the City to renew its contract for internet services with All W est Com m unications; 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 on behalf of the City of Evanston, the attached form to renew its contract for internet services with All W est Com m unications. PASSED, APPROVED AND ADOPTED the 4 th day of Septem ber, 2018. ___________________________ Kent H. W illiam s, Mayor ATTEST: ____________________________ Am y L. Grenfell, City Clerk The m otion passed unanim ously on first reading with 7 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Sellers, Schuler. Resolution 18-64 Councilmember Schuler introduced Resolution 18-64. Councilmember Schuler moved, Councilmember W elling seconded, to adopt Resolution 18-64. RESOLUTION 18-64: RESOLUTION OF THE CITY OF EVANSTON, W YOMING, AUTHORIZING THE ACCEPTANCE OF A QUOTE FROM ALL W EST COMMUNICATIONS TO PROVIDE A NEW PHONE LINE FOR THE CITY. W HEREAS, the City of Evanston has a need to upgrade the phone service for city offices; and W HEREAS, All W est Com m unications has subm itted a Quote to provide the city with a new phone line which will result in im proved phone service for city offices; 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 accept on behalf of the City of Evanston, the attached Quote from All W est Com m unications to provide a new phone line for the City. PASSED, APPROVED AND ADOPTED the 4 th day of Septem ber, 2018. ___________________________ Kent H. W illiam s, Mayor ATTEST: ____________________________ Am y L. Grenfell, City Clerk The m otion passed unanim ously on first reading with 7 yes votes: W illiam s, Lynch, Kopp, Perkes, W elling, Sellers, Schuler. Public Participation Eric Mander addressed the Governing Body regarding the portable toilets at the Maverik Store on Front Street, the num ber of flags businesses on Front Street are allowed, and also the num ber of billboards allowed for businesses along the interstate. Mike Pexton addressed his concerns regarding the landscaping ordinance and businesses that are not m aintaining the landscaping around their businesses. Jeana Reichenberg and Tom Allison addressed the City Council regarding concerns the Evanston Boat Club have with the access to the property they lease from the City, adjacent to Sulphur Creek Reservoir. Adjournment W ith no further business to be conducted at this tim e Mayor W illiam s adjourned the m eeting at 6:50 p.m . ___________________________ Kent H. W illiam s, Mayor _______________________________ Am y L. Grenfell, City Clerk