City Council

EVANSTON CITY COUNCIL Second Regular Meeting March 19, 2019 The official record of proceedings of the second regular meeting of the Evanston City Council for the month of March was held in the Council Chambers of City Hall on the above date. These proceedings were video recorded. Councilmember David Welling led those in attendance in the Pledge of Allegiance to the Flag. The roll was called and with a quorum being present, Mayor Kent Williams called the meeting to order at 5:30 p.m. and welcomed everyone present. Those present from the governing body at the start of the meeting were: Mayor Williams; Councilmembers Tim Lynch, Tib Ottley, Evan Perkes, David Welling, Mike Sellers, and Mikal Welling. Staff members present at the start of the meeting were: City Attorney, Dennis Boal; City Clerk, Nancy Stevenson; City Treasurer, Trudy Lym; Police Chief, Jon Kirby; Director of Engineering & Planning, Dean Barker; Director of Parks and Recreation, Scott Ehlers; and Wastewater Treatment Plant Manager, Frank Sheets. Public Works Director, Gordon Robinson was excused. A group of interested citizens were also present. Approve Agenda Mayor Williams suggested the following change to the agenda: Delete Resolution 19-09. Councilmember D. Welling moved, Councilmember Perkes seconded, to approve the agenda with the suggested change. The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Approve Minutes The official record of proceedings for the City Council Meeting held March 5, 2019, and the Work Session Meeting held March 12, 2019 were approved as presented. Bills Councilmember Lynch moved, Councilmember M. Welling seconded, to approve the following bills for payment: March 6, 2019 to March 19, 2019 VENDOR FOR AMOUNT AXA Equivest Payroll 458.00 Beneficial Life Insurance Payroll 248.20 Blue Cross Blue Shield Payroll 134,521.93 Delta Dental Payroll 7,875.00 Evanston Police Benevolent Payroll 232.00 Flex Share Payroll 2,393.49 ING Life Insurance Payroll 13.20 IRS Tax Deposit Payroll 41,991.83 NCPERS Payroll 112.00 Orchard Trust Payroll 750.56 Parks and Recreation Payroll 187.71 The Hartford Payroll 282.80 Uinta County Court Payroll 716.14 Vantage Point Payroll 445.28 Vision Service Plan Payroll 1,141.07 WEBT Payroll 957.00 Wyoming Dept. of Employment Payroll 9,649.70 Wyoming Retirement Payroll 58,895.80 Payroll Payroll 130,436.27 Penny Williams Refund 101.54 American Public Works Association Registration 2,875.00 All West Internet/Phone 2,226.02 Brownell’s Supplies 170.99 Dennis M. Boal Services 3,332.00 Calibration Tech Services 40.00 Caselle Upgrade/Maintenance 3,434.00 Cazin’s Supplies 211.85 CD’s Electric Electrical 212.00 Century Equipment Parts 425.24 City of Evanston Utilities 2,465.64 Codale Electric Supplies 76.27 Cobra Puma Supplies 359.81 Communications Technologies Equipment/Repairs 2,686.41 CSI-Network Maintenance 2,809.00 CCI Network Utilities 89.87 Norco Parts 468.51 EZ Links Services 575.00 Energy Laboratories Testing 529.50 Evanston Chamber of Commerce Contract 10,388.00 Evanston Parks & Recreation Reimbursement/City Subsidy 135,629.22 First Bank Visa 10,103.92 Fastenal Supplies 44.10 Forsgren Associates Services 1,050.00 Freeway Tire Tires 1,436.56 Gear for Sports Supplies 70.00 Murdochs Supplies 585.18 Harrington Industrial Plastics Parts 138.10 Hutchinson Oil Fuel 978.94 Evanston Regional Hospital Testing 71.13 Jack’s Truck & Equipment Parts 1,174.95 J&C Testing Parts/Testing 2,800.00 Kallas Automotive Parts 1,305.07 Keil Enterprises Registration 390.00 Morcon Industrial Supplies 462.71 Dominion Energy Utilities 15,429.04 Mountainland Supply Parts 2,999.72 Myers/Anderson Architects Services 1,569.50 Porter’s Office Products Supplies 62.86 Office Products Dealer Supplies 387.81 Patrick Towing Towing 280.00 Parnell’s Glass & Bodyworks Repairs 972.00 City of Evanston Reimbursement 140.76 Proforce Law Enforcement Supplies 83.68 Rip’s Grocery Propane 13.57 Safety Supply & Sign Signs 78.88 Secretary of State Notary Fees 60.00 Interwest Supply Parts 1,179.00 Six States Parts 31.79 Skaggs Supplies 13.99 Paul R. Skog Services 3,640.00 Smith’s Food & Drug Supplies 22.57 Local Gov’t Liability Pool Insurance Claim 661.82 Alsco Laundry Service 374.63 The Bike Shoppe Supplies/Repairs 1,168.61 Titan Machinery Equipment 39,500.00 Uinta County Herald Ads 3,394.60 Uinta County Solid Waste Landfill Fees 21,377.30 Century Link Utilities 1,771.57 Rocky Mountain Power Utilities 41,376.79 Vision Auto Glass Windshield 315.00 Wyoming Waste Systems Services 223.55 Westar Printing Supplies 1,230.44 Wheeler Machinery Parts 568.15 Wyoming Law Enforcement Academy Fees 1,486.00 Young Ford Parts 22.15 WARWS Registration 1,975.00 Creative Ink Images Supplies 69.00 Independent Software Solutions Supplies 65.00 Wyo. Department of Transportation Supplies 1,842.47 Amwell Parts 9,008.06 Taylor Made Golf Supplies 13,584.00 USA Blue Book Supplies 251.52 Evanston Rodeo Series Contract 2,232.00 Shawn Stahl Reimbursement 300.00 Uinta Boces #1 Registration 400.00 Mark Mari Refund 100.00 Melynda Hernandez Refund 187.50 Forrest Smith Refund 300.00 Nichole Claflin Restitution 750.00 Cody Bateman Restitution 568.84 Rachel Johnson Restitution 585.95 Smith’s Restitution 5.98 Brian Walk Refund 100.00 Wright Express Fuel 22,688.85 Cate Equipment Parts 147.40 The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Revenue & Expenditure Report Councilmember Ottley moved, Councilmember Sellers seconded, to approve the Revenue and Expenditure Report for December 2018. The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Council Comments Councilmember Ottley reminded everyone of the Celtic Festival this coming weekend. Councilmember David Welling reminded everyone that the Legislative Breakfast is this Thursday morning. Councilmember Sellers congratulated local students for their good showing in “Math Matters”. He also reminded everyone to slow down and buckle up. Appointment to Boards/Commissions Mayor Williams made an appointment to the following board. Councilmember Perkes moved, Councilmember Ottley seconded, to confirm the following appointments: Housing Authority Board (5 Year Term) Mikal Welling - March 2024 The motion passed unanimously with 6 yes votes: Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Ordinance 19-01 Councilmember D. Welling moved, Councilmember Perkes seconded, to pass Ordinance 19-01 on third and final reading. ORDINANCE 19-01: AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING REPEALING SECTIONS 15-19., 15-20. AND 15-21. OF THE EVANSTON CITY CODE WHICH REGULATE GAMBLING. WHEREAS, the State of Wyoming has enacted statutes which comprehensively regulate gambling within the state; and WHEREAS, the Section 15-19., 15-20. and 15.21. Of the City Code also regulate gambling but are out-of-date in some respects, and less compressive then the state statutes; and WHEREAS, the State is better situated and has more resources than the City to regulate gambling; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: Section 15-19. Definitions. of the Evanston City Code is hereby repealed. Section 2: Section 15-20. Gambling prohibited. of the Evanston City Code is hereby repealed. Section 3: Section 15-21. Seizure of gambling devices: records and proceeds. of the Evanston City Code is hereby repealed. PASSED AND APPROVED on First Reading this 19th day of February, 2019. PASSED AND APPROVED on Second Reading this 5th day of March, 2019. PASSED AND APPROVED on Third and Final Reading this 19th day of March, 2019. CITY OF EVANSTON, WYOMING Kent H. Williams, Mayor ATTEST: _______________________ Nancy Stevenson, City Clerk The motion to pass Ordinance 19-01 on third and final passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Ordinance 19-02 Councilmember D. Welling sponsored Ordinance 19-02. Councilmember Ottley moved, Councilmember Perkes seconded, to pass Ordinance 19-02 on first reading. ORDINANCE 19-02: AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING, AMENDING SECTION 15-9 (b) (1) OF THE EVANSTON CITY CODE TO PROVIDE THE GOVERNING BODY IWTH MORE FLEXIBILITY IN SETTING DAYS TO DISCHARGE FIREWORKS DURING THE 4TH OF JULY HOLIDAY AND DECREASING THE TIME PERIOD THAT A PERSON MAY LEGALLY DISCHARGE FIREWORKS DURING THE 4TH OF JULY HOLIDAY.. The motion passed unanimously on first reading with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Resolution 19-05 Councilmember D. Welling introduced Resolution 19-05. Councilmember D. Welling moved, Councilmember Lynch seconded, to adopt Resolution 19-05. RESOLUTION 19-05: RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING THE EXECUTION OF A RENEWAL OF A PLANNED MAINTENANCE AGREEMENT WITH CUMMINS INC TO PROVIDE MAINTENANCE FOR ELECTRIC GENERATORS USED BY THE CITY. WHEREAS, the City has a need to maintain generators used by the City to provide services to its citizens; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The Mayor is hereby authorized to execute, and the City Clerk attest, on behalf of the City of Evanston, the Renewal of a Planned Maintenance Agreement with Cummins Inc to provide maintenance for generators used by the City, a copy of the Agreement and Addendum is attached hereto. PASSED, APPROVED AND ADOPTED this 19th day of March, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Resolution 19-06 Councilmember Perkes introduced Resolution 19-06. Councilmember Perkes moved, Councilmember M. Welling seconded, to adopt Resolution 19-06. RESOLUTION 19-06: A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MORRISON-MAIERLE, INC. TO CONDUCT A STUDY OF THE CRESTVIEW DRIVE ROAD EXTENSION. WHEREAS, it may be advisable for the City to construct a road extension of Crestview Drive in the future; and WHEREAS, Morrison Maierle, Inc. has submitted to the City a proposal to provide study regarding the feasibility and cost of extending Crestview Drive; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The City of Evanston is hereby authorised to enter into the attached Agreement with Morrison Maierle, Inc to provide a study of the Crestview Drive Road Extension. Section 2: The Mayor and City Clerk are hereby authorized to execute the Agreement on behalf of the City. PASSED, APPROVED AND ADOPTED this 19th day of March, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling.  Resolution 19-07 Councilmember Lynch introduced Resolution 19-07. Councilmember Lynch moved, Councilmember D. Welling seconded, to adopt Resolution 19-07. RESOLUTION 19-07: RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING THE EXECUTION OF LEASE-PURCHASE AGREEMENT WITH TCF EQUIPMENT FINANCE, TO LEASE WITH OPTION TO PURCHASE EQUIPMENT NEEDED TO MAINTAIN THE PURPLE SAGE MUNICIPAL GOLF COURSE. WHEREAS, the City of Evanston has determined there is a need to replace equipment which is currently being used to maintain the Purple Sage Municipal Golf Course; and WHEREAS, TCF Equipment Finance, a division of TCF National Bank, has submitted the best proposal to City to lease the equipment with an option to purchase; and WHEREAS, the City hereby finds and determines that the execution of a Lease for the purpose of leasing with the option to purchase the equipment for golf course maintenance designated and set forth in Attachment 2 to the Lease is appropriate and necessary to the function and operations of the Purple Sage Municipal Golf Course; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1. The Lease, in substantially the form as presently before the governing body of the City of Evanston, Wyoming is hereby approved, and the Mayor anc City Clerk are hereby authorized to negotiate, enter into, execute, and deliver the Lease and related documents in substantially the form as presently before the governing body of the Lessee. Section 2. The Mayor, City Clerk and City Treasurer of the City are hereby authorized and directed to take such further action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution, and to carry out, comply with and perform the duties of the Lessee with respect to the Lease. Section 3. The City’s obligations under the Lease shall be expressly subject to annual appropriation by the City; and such obligations under the Lease shall not constitute a general obligation of the City or indebtedness of the City within the meaning of the Constitution and laws of the State of Wyoming. Section 4. All other related contracts and agreements necessary and incidental to the Lease are hereby authorized, ratified and approved. PASSED, APPROVED AND ADOPTED this 19th day of March, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Resolution 19-08 Councilmember Perkes introduced Resolution 19-08. Councilmember Perkes moved, Councilmember Ottley seconded, to adopt Resolution 19-08. RESOLUTION 19-08: A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON APPROVING CHANGE ORDER NO. 001 FOR THE EVANSTON RAILYARDS ROUNDHOUSE SECTIONS 2,3 & 4 DOORS AND CONCRETE PROJECT IN THE CITY OF EVANSTON. WHEREAS, the City of Evanston has previously authorized the Evanston Railyards Roundhouse Sections 2,3 & 4 Doors and Concrete Project which is being constructed by Hydro-Tech, Inc ; and WHEREAS, the governing body has determined that it is in the public’s interest to approve Change Order No. 001for the reasons set forth therein; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming, as follows: Section 1. Change Order No. 001 for the Evanston Railyards Roundhouse Sections 2,3 & 4 Doors and Concrete Project, a copy of which is attached hereto, is approved. Section 2. The Mayor is authorized to approve Change Order No. 001 on behalf of the City.  PASSED, APPROVED AND ADOPTED this 19th day of March, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Additional Days for Fireworks Councilmember Perkes moved, Councilmember D. Welling seconded, to designate July 4, 5 & 6, 2019 as dates to discharge fireworks within the City of Evanston, contingent on the approval of Ordinance 19-02. The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Public Participation Fred Zech addressed the Mayor and Council regarding texting and talking while driving. He asked the City Council to consider an ordinance to ban both texting and talking while driving. Kayne Pyatt Encouraged everyone to visit the museum to see the19th Amendment Wyoming Feminist display which will be featured during the month of March. Adjournment With no further business to be conducted at this time Mayor Williams adjourned the meeting at 6:19 p.m. ___________________________ Kent H. Williams, Mayor _______________________________ Nancy Stevenson, City Clerk