City Council

EVANSTON CITY COUNCIL Second Regular Meeting April 16, 2019 The official record of proceedings of the second regular meeting of the Evanston City Council for the month of April 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, and Mike Sellers. Councilmember Mikal Welling was excused. 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 Senior Planner, DuWayne Jacobsen. Public Works Director, Gordon Robinson was excused. A group of interested citizens were also present. Approve Agenda Councilmember D. Welling moved, Councilmember Perkes seconded, to approve the agenda. The motion passed unanimously with 6 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers. Approve Minutes The official record of proceedings for the City Council Meeting held April 2, 2019, and the Work Session Meeting held April 9, 2019 were approved as presented. Bills Councilmember Lynch moved, Councilmember Ottley seconded, to approve the following bills for payment: April 3, 2019 to April 16, 2019 VENDOR FOR AMOUNT AXA Equivest Payroll 458.00 Beneficial Life Insurance Payroll 248.20 Blue Cross Blue Shield Payroll 145,586.92 Delta Dental Payroll 8,174.95 Evanston Police Benevolent Payroll 232.00 Flex Share Payroll 2,393.49 ING Life Insurance Payroll 13.20 IRS Tax Deposit Payroll 41,025.76 NCPERS Payroll 112.00 Orchard Trust Payroll 750.56 Parks and Recreation Payroll 194.87 The Hartford Payroll 282.80 Vantage Point Payroll 445.28 Vision Service Plan Payroll 1,178.45 WEBT Payroll 968.00 Wyoming Department of Employment Payroll 9,818.10 Wyoming Retirement Payroll 59,995.49 Payroll Payroll 129,094.23 AV Now Equipment 2,171.12 Advocacy & Resource Center Registration 150.00 All West Internet/Phones 2,111.46 Joe Brown Reimbursement 40.00 Dennis M. Boal Services 2,092.00 Civic Plus Websites 3,735.11 Caselle Support/Maintenance 1,514.00 Yeti Parts 15.19 Cazin’s Supplies 966.32 CD’s Electric Electrical 390.00 Certified Balance Service Services 195.00 City of Evanston Utilities 2,648.94 CNA Surety Notary Bond 50.00 CCI Network Utilities 88.85 Deru’s Glass Windows 2,845.55 Dooley Enterprises Equipment 4,121.09 EZ Links Services 575.00 Energy Laboratories Testing 1,707.00 Evanston Chamber of Commerce Legislative Meeting 180.00 Evanston Parks & Recreation Reimbursement/City Subsidy 192,580.63 First Bank Visa 8,921.68 Fastenal Supplies 103.19 Freeway Tire Tires 613.23 Century Link Utilities 1,567.73 Randy’s Heating & AC Repairs 5,084.01 Murdochs Supplies 278.29 Harrington Industrial Plastics Parts 143.23 Hutchinson Oil Oil 849.24 Jack’s Truck & Equipment Parts 2,697.41 Kallas Automotive Parts 1,140.20 Modern Cleaners Laundry Service 523.30 Morcon Industrial Supplies 2,034.98 Dominion Energy Utilities 12,487.13 Myers/Anderson Architects Services 1,569.50 Office Products Dealer Supplies 254.08 Personnel Screening Testing 135.00 Porter Muirhead Cornia Howard Audi Fees 60,000.00 Rip’s Grocery Propane 15.34 Roto-Aire Sales & Service Supplies 349.92 Sigma-Aldrich Supplies 346.56 Skaggs Supplies 843.88 Paul R. Skog Services 4,660.00 Smith’s Food & Drug Supplies 79.00 Standard Plumbing Parts 260.83 Alsco Laundry Service 378.33 Tom’s HVAC Repairs/Maintenance 2,423.24 Trane Maintenance 3,393.00 Two Guys Flooring Services 45.00 Uinta County Human Services Contract 33,750.00 Uinta County Herald Ads/Subscription 1,179.88 Uinta County Solid Waste Landfill Fees 21,149.60 Rocky Mountain Power Utilities 40,204.36 Wyoming Waste Systems Services 219.09 The Lumberyard Supplies 2,548.83 One-Call of Wyoming Services 11.25 Wyoming Department of Revenue Sales/Use Tax 20.53 Young Ford Parts 31.38 Nickerson Co Parts 5,982.75 Normont Equipment Supplies 4,189.67 Ansell Healthcare Products Supplies 621.60 Arts Inc Reimbursement 8,145.18 Golden Rule Services 40.00 Varsity Ink Supplies 480.00 Media Skills Marketing 21,875.00 Uinta Boces #1 Registration 400.00 Heaven Wesbrook Refund 500.00 Buddy Schiffman Refund 2,450.00 Rufus Spann Jr Refund 500.00 Wright Express Fuel 15,943.37 Joe Archuleta Services 50.00 The motion passed unanimously with 6 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers. Council Comments Councilmember David Welling reminded everyone of the Spring Meet and Greet at the Recreation Center on Wednesday, April 24th from 6:00 to 8:00 p.m. Councilmember Sellers thanked the Public Works Department for the tours they gave of the Treatment Plants. Mr. Sellers also commented on the grand opening of a new bakery on Main Street and offered his best wishes to them. Consent Agenda Councilmember D. Welling moved, Councilmember Sellers seconded, to approve a Parade Route requested by VFW/NVAR for the National Veterans Awareness Ride on Thursday, May 16, 2019 beginning at 5:00 p.m. at Exit 3 and ending on 9th Street between Main Street and Front Street; and A Street Closure Permit requesting by VFW/NVAR for the National Veterans Awareness Ride on Thursday, May 16, 2019 on 9th Street from Front Street to Main Street, from 5:00 p.m. to 9:00 p.m. The motion passed unanimously with 6 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers.  Ordinance 19-02 Councilmember Lynch moved, Councilmember D. Welling seconded, to pass Ordinance 19-02 on third and final 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 WITH 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. WHEREAS, the discharge of fireworks increases the risk of fires occurring within a community; and WHEREAS, a significant fire within the City limits did occur the previous 4th of July holiday, caused by the discharge of fireworks; and WHEREAS, Section 15-9 (b)(1) currently permits a person to discharge fireworks on July 3 and July 4 each year from 9:00 a.m. to midnight in the City limits; and WHEREAS, public safety would be enhanced by providing the governing body with more flexibility in setting days to discharge fireworks during the July 4th holiday and reducing the time period in which a person may discharge fireworks during the holiday; and WHEREAS, discharging fireworks later in the day helps diminish fire danger because of decreased wind and increased humidity which typically occurs; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: Section 15-9 (b) (1) of the Evanston City Code is hereby amended and re-enacted to provide as follows: Sec. 15-9. Discharging firearms, fireworks and hunting. (b) No person shall cast, throw, fire or explode or cause to be thrown, cast, fired or exploded any squib, rocket, cracker, firecracker, torpedo, grenade, cannon, cap or other combustible fireworks of any kind within the corporate limits; except as set forth below: (1) Fireworks may be discharged on new years eve from 10:00 a.m. to midnight; on new years day from 12:00 a.m. to 1:00 a.m.; on July 4 and up to two additional days as may designated by the governing body, from 5:00 p.m. to midnight of each year. Any person may request the governing body to designate additional dates upon which fireworks can be lawfully discharged but any such request must be submitted to and considered by the governing body prior to the last regularly scheduled meeting in March of each year. Each year, the governing body may designate the city property, if any, which may be used by persons to legally discharge fireworks on the above dates. Nothing contained in this section shall prohibit the city from performing such acts for the purpose of exhibiting a display during the celebration of a national, state or municipal holiday. At all times it shall be unlawful to: PASSED AND APPROVED on First Reading this day of March, 2019. PASSED AND APPROVED on Second Reading this 2nd day of April, 2019. PASSED AND APPROVED on Third and Final Reading this 16th day of April, 2019. CITY OF EVANSTON, WYOMING Kent H. Williams, Mayor ATTEST: ___________________________ Nancy Stevenson, City Clerk The motion to pass Ordinance 19-20 on third and final reading, passed unanimously with 6 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers. Ordinance 19-03 Councilmember D. Welling moved, Councilmember Sellers seconded, to pass Ordinance 19-03 on second reading. ORDINANCE 19-03: AN ORDINANCE APPROVING AND AUTHORIZING THE FINAL PLAT FOR THE RIDGECREST 5TH ADDITION, LOCATED IN THE CITY OF EVANSTON, WYOMING, BEING MORE PARTICULARLY DESCRIBED HEREIN. The motion passed unanimously on second reading with 6 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers.  Ordinance 19-04 Councilmember Perkes moved, Councilmember Ottley seconded, to pass Ordinance 19-04 on second reading. ORDINANCE 19-04: AN ORDINANCE APPROVING AND AUTHORIZING THE FINAL PLAT FOR THE STERLING ADDITION, LOCATED IN THE CITY OF EVANSTON, WYOMING, BEING MORE PARTICULARLY DESCRIBED HEREIN. The motion passed unanimously on second reading with 6 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers. Accept Bids/Three Pickup Trucks Councilmember Lynch moved, Councilmember D. Welling seconded, to award the bid for three (3) 2019 half ton 4 x 4 Pickup Trucks to Rocky Mountain Yeti, the apparent low bidder meeting all City specifications, in the amount of $82,326.00. (Two vehicles for the Police Department and one vehicle for the Public Works Department) The motion passed unanimously on second reading with 6 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers. Resolution 19-15 Councilmember Perkes introduced Resolution 19-15. Councilmember Perkes moved, Councilmember Lynch seconded, to adopt Resolution 19-15. RESOLUTION 19-15: RESOLUTION OF THE CITY OF EVANSTON, WYOMING, DESIGNATING THE BEAR RIVER GREENWAY AS AN EXCEPTION TO THE OPEN CONTAINER ORDINANCE PURSUANT TO SECTION 4-4 OF THE CITY CODE OF THE CITY OF EVANSTON. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING: Section 1: Pursuant to Section 4-4 of the Code of the City of Evanston, Wyoming, the governing body hereby designates the Bear River Greenway as set forth in the map, which is attached hereto and incorporated herein, to be excepted from the provisions and enforcement of the Open Container Ordinance for all events scheduled, approved and permitted by the Evanston Parks and Recreation District. Section 2: Except as stated above, nothing herein shall be construed to waive or modify any other ordinance, statute or regulation with respect to the consumption of alcoholic beverages on said premised. PASSED, APPROVED AND ADOPTED this 16th day of April, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers. Resolution 19-16 Councilmember Sellers introduced Resolution 19-16. Councilmember Sellers moved, Councilmember D. Welling seconded, to adopt Resolution 19-16. RESOLUTION 19-16: RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING THE EXECUTION OF A SERVICE AGREEMENT WITH iWORQ TO PROVIDE THE PUBLIC WORKS DEPARTMENT OF THE CITY WITH A PAVEMENT CONDITION ASSESSMENT. WHEREAS, the City of Evanston has a need to acquire a pavement condition assessment which will enable the Public Works Department to create a pavement management plan; and WHEREAS, iWorQ has submitted a quote to prove an pavement condition assessment for the City ; 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 Service Agreement with iWorQ, a copy of which is attached hereto, to provide a pavement condition assessment for the City.  PASSED, APPROVED AND ADOPTED this 16th day of April, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers. Resolution 19-17 Councilmember Lynch introduced Resolution 19-17. Councilmember Lynch moved, Councilmember Perkes seconded, to adopt Resolution 19-17. RESOLUTION 19-17: RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING THE EXECUTION OF A SERVICE AGREEMENT WITH iWORQ TO PROVIDE THE PUBLIC WORKS DEPARTMENT OF THE CITY WITH SOFTWARE SERVICES TO CREATE A PAVEMENT MANAGEMENT PLAN FOR THE CITY WHEREAS, the City of Evanston has a need to acquire software services which will enable the Public Works Department to create a pavement management plan; and WHEREAS, iWorQ has submitted a quote for the software necessary to create a pavement management plan for the City; 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 Service Agreement with iWorQ, a copy of which is attached hereto, to create a pavement management plan for the City. PASSED, APPROVED AND ADOPTED this 16th day of April, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers. Resolution 19-18 Councilmember Ottley introduced Resolution 19-18. Councilmember Ottley moved, Councilmember Lynch seconded, to adopt Resolution 19-18. RESOLUTION 19-18: A RESOLUTION APPROVING AND AUTHORIZING THE FINAL PLAT FOR THE MCDONALD’S ADDITION, A SUBDIVISION WITHIN THE CITY OF EVANSTON, WYOMING AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, McDonalds Corporation, a Delaware Corporation, (the “Subdivider”), has made application to the governing body of the City of Evanston, Wyoming for approval and authorization of the proposed subdivision entitled the McDonald’s Addition, a subdivision located within the City of Evanston, Wyoming; and WHEREAS, the City of Evanston finds that said subdivision is a minor subdivision and can be approved pursuant to Section 22-10 of the Evanston City Code. NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming, that: Section 1. The final plat of the McDonald’s Addition is hereby approved, accepted and authorized and described in particularity as follows, to-wit: "MCDONALD'S ADDITION" AS IT APPEARS ON THIS PLAT, RE-SUBDIVISION OF LOT 4, BLOCK 1, EVANSTON REGIONAL CENTER & LOT 6, BLOCK 1, THE EVANSTON CENTER ALL OF WHICH IS LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER & THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 15 NORTH, RANGE 120 WEST, 6th P.M, CITY OF EVANSTON, UINTA COUNTY, WYOMING. SAID "MCDONALD'S ADDITION" BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT 4, BLOCK 1, OF EVANSTON REGIONAL CENTER AND LOT 6, BLOCK 1, THE EVANSTON CENTER, ACCORDING TO THE OFFICIAL PLATS RECORDED IN UINTA COUNTY, WYOMING AND SITUATED IN SECTION 21, TOWNSHIP 15 NORTH, RANGE 120 WEST, 6TH PM WITHIN THE CITY OF EVANSTON, WYOMING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY MOST CORNER OF LOT 6, BLOCK 1, THE EVANSTON CENTER AND ON THE NORTHWESTERLY RIGHT-OF-WAY OF 2ND STREET, AND RUNNING THENCE SOUTH 42°46'33" WEST 195.00 FEET ALONG SAID LOT AND STREET; THENCE NORTH 82°45'43" WEST 8.60 FEET ALONG THAT PORTION DEEDED TO THE STATE HIGHWAY COMMISSION OF WYOMING, ENTRY NO. R14536, IN BOOK 469 AT PAGE 625 TO THE RIGHT-OF-WAY OF FRONT STREET; THENCE NORTH 47°13'27" WEST 260.70 FEET ALONG SAID LOT 6, FRONT STREET AND THE NORTHWESTERLY EXTENSION ALONG LOT 4, BLOCK 1, EVANSTON REGIONAL CENTER; THENCE NORTH 01°30'58" WEST 56.27 FEET ALONG SAID LOT 4 AND FRONT STREET TO THE RIGHT-OF-WAY OF 3RD STREET; THENCE NORTH 42°46'33" EAST 159.72 FEET ALONG SAID LOT 4 AND 3RD STREET TO THE WESTERLY MOST CORNER OF LOT 2, BLOCK 1, CAB ADDITION ACCORDING TO THE OFFICIAL PLAT RECORDED IN UINTA COUNTY, WYOMING; THENCE SOUTH 47°13'27" EAST 307.00 FEET ALONG SAID CAB ADDITION TO THE POINT OF BEGINNING. SAID "MCDONALD'S ADDITION" CONTAINS 1.391 ACRES, MORE OR LESS. Section 2. The Mayor and City Clerk are hereby authorized and directed to enforce the mandates of chapter 22 of the Code of the City Evanston with regard to the filing of the final plat with the County Clerk of Uinta County, Wyoming as by law required. PASSED, APPROVED AND ADOPTED this 16th day of April, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers. Resolution 19-19 Councilmember D. Welling introduced Resolution 19-19. Councilmember D. Welling moved, Councilmember Sellers seconded, to adopt Resolution 19-19. RESOLUTION 19-19: RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING THE EXECUTION OF THE EMPLOYERS PLAN SELECTION AND NOTICE AND ACKNOWLEDGMENT REQUIRED BY WYOMING EDUCATORS BENEFIT TRUST, (WEBT) TO CONTINUE THE CITY’S MEDICAL PLAN FOR CITY EMPLOYEES. WHEREAS, the City of Evanston desires to continue providing a medical plan for its employees by executing the attached Employer Plan Selection and Notice and Acknowledgment with WEBT; 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 on behalf of the City of Evanston the attached Employer Plan Selection and Notice and Acknowledgment with WEBT to continue providing a medical plan for its employees. PASSED, APPROVED AND ADOPTED this 16th day of April, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers. Public Participation Kayne Pyatt extended an invitation to the Mayor, Council and public to attend the 19th Amendment Easter Bonnet Tea Party on Saturday, April 20th from 2:30 to 4:30 p.m. at the Uinta Senior Center. Adjournment With no further business to be conducted at this time Mayor Williams adjourned the meeting at 6:25 p.m. ___________________________ Kent H. Williams, Mayor _______________________________ Nancy Stevenson, City Clerk