City Council

EVANSTON CITY COUNCIL First Regular Meeting August 6, 2019 The official record of proceedings of the first regular meeting of the Evanston City Council for the month of August was held in the Council Chambers of City Hall on the above date. These proceedings were video recorded. Councilmember Perkes led those in attendance in the Pledge of Allegiance to the Flag. The roll was called and with a quorum being present, City Council President, Evan Perkes 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: Councilmembers: Tim Lynch, Tib Ottley, Evan Perkes, David Welling, Mike Sellers, and Mikal Welling. Mayor Kent Williams was excused. Staff members present at the start of the meeting were: City Attorney, Dennis Boal; City Clerk, Nancy Stevenson; City Treasurer, Trudy Lym; Community Development Director, Rocco O’Neil; Director of Engineering & Planning, Dean Barker; Public Works Director, Gordon Robinson; Director of Parks and Recreation, Scott Ehlers: Police Lieutenant, Ken Pearson and Associate Planner, DuWayne Jacobsen. Police Chief, Jon Kirby was excused. A group of interested citizens were also present. Approve Agenda Council President Perkes suggested the following addition to the agenda: Add a motion to award bid. Councilmember Lynch moved, Councilmember D. Welling seconded, to approve the agenda with the suggested change. The motion passed unanimously with 6 yes votes: Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Approve Minutes The official record of proceedings for the City Council Meeting held July 16, 2019 were approved as presented. Bills Councilmember D. Welling moved, Councilmember Ottley seconded, to approve the following bills for payment: July 17, 2019 to August 6, 2019 VENDOR FOR AMOUNT AXA Equivest Payroll 458.00 Beneficial Life Insurance Payroll 259.68 Blue Cross Blue Shield Payroll 144,306.25 Delta Dental Payroll 8,095.50 Evanston Police Benevolent Payroll 240.00 Flex Share Payroll 2,753.39 ING Life Insurance Payroll 13.20 IRS Tax Deposit Payroll 43,165.78 NCPERS Wyoming Payroll 112.00 Orchard Trust Payroll 753.32 Parks and Recreation Payroll 208.41 The Hartford Payroll 317.30 Vantage Point Payroll 446.66 Vision Service Plan Payroll 1,167.16 WEBT Payroll 979.00 Wyoming Dept. of Employment Payroll 5,805.83 Wyoming Retirement Payroll 62,034.45 Payroll Payroll 134,651.32 Slip Control Incorporated Coating 5,000.00 American Electric Repairs 252.22 Black Clover Supplies 1,830.00 Dennis M. Boal Services 5,310.00 Bushnell Corp Supplies 317.40 Auto Farm Parts 33.31 Cazin’s Supplies 266.53 CD’s Electric Electrical 1,253.80 Verizon Wireless Cell Phones 785.87 Boot Barn Safety Boots 127.45 Cummins Rocky Mountain Parts 566.01 Deru’s Glass Supplies 57.60 Easy Picker Golf Supplies 146.61 Ellingford’s Cement 1,167.72 Chemtech-Ford Laboratories Testing 250.00 Eurofins Eaton Analytical Testing 450.00 Energy Laboratories Testing 910.50 Evanston Parks & Recreation Reimbursement 57,250.96 Forsgren Associates Services 1,927.50 Murdochs Supplies 396.95 Harris Law Office Contract 4,000.00 Reladyne Fuel 2,978.60 Hydro Tech Contract 32,447.70 Intermountain Electric Repairs 716.33 Ferguson Waterworks Services 8,934.21 Izzo Golf Supplies 230.54 Kallas Automotive Parts 730.98 Amanda R. Kirby Services 2,565.00 Lambert Painting Striping 395.00 Mile High Turfgrass Supplies 1,322.00 Modern Cleaners Laundry Service 470.60 Morcon Industrial Supplies 793.82 Mountain West Business Solutions Contract 1,031.04 Morrison Maierle Services 7,129.16 Myers/Anderson Architects Services 1,569.50 North Face Roofing Repairs 987.00 Nationwide Insurance Property/Casualty Ins. 93,065.00 Office Products Dealer Supplies 1,203.28 Staker Parson Companies Asphalt 704.83 City of Evanston Reimbursement 185.60 Proforce Law Enforcement Supplies 1,592.55 Real Kleen Supplies 271.72 Rip’s Grocery Propane 48.88 Rocky Mountain Turf Parts 474.01 Rotational Molding of Utah Refuse Cans 5,160.00 Shred-It USA Services 81.15 Six States Parts 19.10 Skaggs Supplies 1,772.95 Smith’s Food & Drug Supplies 219.51 Snap-On Credit Subscription 748.92 Stateline Metals Supplies 132.33 Superior Rental Parts 429.00 Titleist Supplies 3,784.06 Trane Parts 2,198.00 Turf Equipment Parts 309.02 Uinta County Fire Protection Contract 54,894.50 Uinta County Herald Ads 1,274.00 Uinta Appraisal Company Services 750.00 Uinta Engineering Services 3,107.00 Union Pacific Railroad Lease 100.00 Rocky Mountain Power Utilities 16,063.19 VFW Flag Contract 670.00 VLCM Supplies 162.00 Walmart Supplies 337.18 Westar Printing Supplies 380.21 Western Wyoming Beverages Supplies 527.40 The Lumberyard Supplies 110.39 WAM Membership Dues 15,893.60 One-Call of Wyoming Services 108.75 Highland Golf Parts 186.36 ASCAP License Fees 11.00 Wyoming Dept. of Transportation Maintenance 1,067.28 Frank Cook Reimbursement 139.69 Golden Rule Services 50.00 Kelsey McBroon Reimbursement 100.00 David Kimble Refund 73.59 Media Skills Marketing 21,875.00 Uinta Boces #1 Training 400.00 Kickin Grass Services 55.00 Wayne Weston Refund 100.00 Accident Pros Refund 100.00 Wendall Shawver Refund 150.00 Esaue Torres Refund 150.00 Justin or Emily Dennis Refund 100.00 Rosalba Mendez Refund 100.00 Karla Abril Refund 150.00 Angela Wolsey Refund 150.00 Maria Munoz Refund 50.00 Joe Archuleta Services 100.00 The motion passed unanimously with 6 yes votes: Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Council Comments Councilmember Sellers commented on the County Fair and thanked all those involved in making this year’s fair a fun and successful event. He also thanked the Herald for the article regarding the Splash Pad. Public Hearing City Attorney, Dennis Boal conducted a public hearing to receive public input, comments, and concerns for the proposed vacation of a portion of Kimberly Avenue of the Fair Meadow Park Addition to the City of Evanston. Dean Barker explained the reason for the proposed vacation. No one else addressed the issue and Mr. Boal closed the hearing. Consent Agenda Councilmember D. Welling moved, Councilmember Sellers seconded, to approve the following: An Open Container and Street Closure Permit requested by the Main Street Promotions for the Main Street Amazing Race on Friday, August 16, 2019 on Main Street from 9th Street to 11th Street, from 4:30 p.m. to 8:00 p.m; A Limited Malt Beverage Permit requested by the Evanston Chamber of Commerce for the “Light Up The Night” event to be held at the Bear Ponds on Saturday, August 24, 2019 from 4:30 p.m. to 11:00 p.m; A Street Closure Permit requested by the Evanston Chamber of Commerce for the “Light Up The Night” event to be held at the Bear Ponds on Saturday, August 24, 2019 to close the road at the overpass to the Bear Ponds from 4:00 p.m. to 11:59 p.m; A Limited Malt Beverage Permit requested by the Evanston Volunteer Firefighters, Inc., for the Annual Demolition Derby to be held at the Uinta County Fairgrounds on Saturday, September 7, 2019 from 4:00 p.m. to 11:00 p.m; and A Limited Malt Beverage Permit requested by Evolution Racing, LLC., for the Top of the Mountain Mud Drags to be held at the Uinta County Fairgrounds on Saturday, September 21, 2019 from 11:00 a.m. to 11:00 p.m. The motion passed unanimously with 6 yes votes: Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Ordinance 19-07 Councilmember D. Welling sponsored Ordinance 19-07. Councilmember Ottley moved, Councilmember Lynch seconded, to pass Ordinance 19-07 on first reading. ORDINANCE 19-07: AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING, VACATION A PORTION OF KIMBERLY AVENUE OF THE FAIR MEADOWS PARK ADDITION TO THE CITY OF EVANSTON, AS MORE PARTICULARLY DESCRIBED HEREIN. The motion to pass Ordinance 19-07 on first reading passed unanimously with 6 yes votes: Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Resolution 19-47 Councilmember Lynch introduced Resolution 19-47. Councilmember Lynch moved, Councilmember Sellers seconded, to adopt Resolution 19-47. RESOLUTION 19-47: RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE APPROVAL AND EXECUTION OF A FAA APPROVAL AGREEMENT FOR TRANSFER OF ENTITLEMENTS WITH THE UNITED STATES OF AMERICA, THE FEDERAL AVIATION ADMINISTRATION. WHEREAS, the Evanston-Uinta Airport Joint Powers Board has requested the City approve and execute the attached FAA Approval Agreement for Transfer of Entitlements with the United States of America, the Federal Aviation Administration; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The City of Evanston hereby approves and authorizes the execution of a FAA Approval Agreement for Transfer of Entitlements with the United States of America, the Federal Aviation Administration, a copy of which is attached hereto. Section 2: The Mayor and City Attorney are hereby authorized to sign the Agreement with the Federal Aviation Administration on behalf of the City of Evanston. PASSED, APPROVED AND ADOPTED this 6th day of August, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed unanimously with 6 yes votes: Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling.  Resolution 19-48 Councilmember M. Welling introduced Resolution 19-48. Councilmember M. Welling moved, Councilmember Ottley seconded, to adopt Resolution 19-48. RESOLUTION 19-48: A RESOLUTION APPROVING AND AUTHORIZING THE FINAL PLAT FOR THE FOSTER ADDITION, A SUBDIVISION WITHIN THE CITY OF EVANSTON, WYOMING AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Austin T. Foster and Kirestin A. Foster has made application to the governing body of the City of Evanston, Wyoming for approval and authorization of the proposed subdivision entitled the Foster 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 Foster Addition is hereby approved, accepted and authorized and described in particularity as follows, to-wit: "Foster Addition" to the City of Evanston, Wyoming, a replat of Lots 120 and 121 of the Brook Hollow Subdivision - Phase 4 as said Subdivision is platted and recorded in the Office of the Uinta County Clerk, said Addition being located in the SE1/4 SE1/4 of Section 28, Township 15 North, Range 120 West, 6th P.M., City of Evanston, Uinta County, Wyoming, lying entirely within the corporate limits of the City of Evanston, and being more particularly described as follows: BEGINNING at the Original Northwest corner of said Lot 121 and running thence N 90°00'00" E, 143.32 feet along the North boundary of said Lot 121 and said Lot 120 to the original Northeast corner of said Lot 120, said corner lying on a curve to the right having a radius of 120.00 feet, from which point a radial line bears S 80°24'21" W; thence southerly 20.09 feet along the arc of said curve and the Easterly boundary of said Lot 120 to a point tangent, the long chord of which bears S 4°47'49" E, 20.07 feet; thence S 0°00'00" W, 65.00 feet along the Easterly boundary of said Lot 120 to the point of curvature of a curve to the right having a radius of 15.00 feet; thence southwesterly 23.59 feet along the arc of said curve and the Easterly boundary of said Lot 120 through a central angle of 90°00'00" to a point tangent, the long chord of which bears S 45°00'00" W, 21.21 feet; thence N 90°00'00" W, 130.00 feet along the South boundary of said Lot 120 and said Lot 121 to the original Southwest corner of said Lot 121; thence N 0°00'00" E, 100.00 feet along the West boundary of said Lot 121 to the POINT OF BEGINNING. Said Foster Addition containing 0.332 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 6th day of August, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed unanimously with 6 yes votes: Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Resolution 19-49 Councilmember Lynch introduced Resolution 19-49. Councilmember Lynch moved, Councilmember Sellers seconded, to adopt Resolution 19-49. RESOLUTION 19-49: A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE WYOMING ASSOCIATION OF SHERIFFS AND CHIEFS OF POLICE TO PROVIDE FUNDS FOR THE POLICE DEPARTMENT TO CONDUCT ALCOHOL COMPLIANCE INSPECTIONS. WHEREAS, the City of Evanston Police Department has found that inspections of alcohol retailers can help reduce underage drinking of alcohol within the community; and WHEREAS, money is available from the Wyoming Association of Sheriffs and Chiefs to help fund alcohol compliance inspections; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming as follows:  Section 1. The Mayor, City Clerk and Police Department are authorized to sign the Alcohol Inspection Contract with the Wyoming Association of Sheriffs and Chiefs to help fund alcohol compliance inspections, a copy of which is attached hereto. PASSED, APPROVED AND ADOPTED this 6th day of August, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed unanimously with 6 yes votes: Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Resolution 19-50 Councilmember Sellers introduced Resolution 19-50. Councilmember Sellers moved, Councilmember Lynch seconded, to adopt Resolution 19-50. RESOLUTION 19-50: A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE WYOMING ASSOCIATION OF SHERIFFS AND CHIEFS OF POLICE TO PROVIDE FUNDS FOR THE POLICE DEPARTMENT TO CONDUCT TOBACCO COMPLIANCE INSPECTIONS. WHEREAS, the City of Evanston Police Department has found that inspections of tobacco retailers can help reduce underage smoking within the community; and WHEREAS, money is available from the Wyoming Association of Sheriffs and Chiefs to help fund tobacco compliance inspections; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming as follows: Section 1. The Mayor, City Clerk and Police Department are authorized to sign the Tobacco Inspection Contract with the Wyoming Association of Sheriffs and Chiefs to help fund tobacco compliance inspections, a copy of which is attached hereto. PASSED, APPROVED AND ADOPTED this 6th day of August, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed unanimously with 6 yes votes: Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Resolution 19-51 Councilmember Lynch introduced Resolution 19-51. Councilmember Lynch moved, Councilmember D. Welling seconded, to adopt Resolution 19-51. RESOLUTION 19-51: A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF A CONTRACT FOR FISCAL YEAR 2020 WITH THE WYOMING OFFICE OF THE ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES TO ENABLE THE POLICE DEPARTMENT TO OBTAIN GRANT FUNDS TO CONTINUE THE VICTIM SERVICES PROGRAM. WHEREAS, the City of Evanston Police Department has been awarded a grant from the Wyoming Office of Attorney General, Division of Victim Services which shall be used to continue the services of a Spanish-speaking advocate for victims and provide other services to victims to assist in the prevention and prosecution of crime; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming as follows: Section 1. The Mayor and Chief of Police are hereby authorized to sign a Contract for Fiscal Year 2020 with the Wyoming Office of Attorney General, Division of Victim Services to enable the Evanston Police Department to obtain a grant funds to continue the services of a Spanish-speaking advocate for victims and provide other victim services. PASSED, APPROVED AND ADOPTED this 6th day of August, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed unanimously with 6 yes votes: Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Resolution 19-52 Councilmember Ottley introduced Resolution 19-52. Councilmember Ottley moved, Councilmember D. Welling seconded, to adopt Resolution 19-52, contingent on getting a document from the Evanston Splash Pad Committee relinquishing all interest and turning the remaining funds and the project over to the City. RESOLUTION 19-52: RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING AND RATIFYING THE ACCEPTANCE OF AN ESTIMATE FROM SLIP-CONTROL INCORPORATED TO INSTALL A NON-SLIP SURFACE ON THE SPLASH PAD LOCATED IN HAMBLIN PARK. WHEREAS, there is a need to improve the safety for those who will be using the splash pad in Hamblin Park by installing a non-slip surface; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The Mayor and City Engineer are hereby authorized to accept and execute on behalf of the City of Evanston, the Estimate from Non-Slip Incorporated, a copy of which is attached hereto, to install a non-slip surface on the splash pad Located in Hamblin Park. PASSED, APPROVED AND ADOPTED this 6th day of August, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed unanimously with 6 yes votes: Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Resolution 19-53 Councilmember D. Welling introduced Resolution 19-53. Councilmember D. Welling moved, Councilmember Ottley seconded, to adopt Resolution 19-53. RESOLUTION 19-53: A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE CONTRACT WITH FORSGREN ASSOCIATES, INC. TO PROVIDE ENGINEERING SERVICES FOR THE EVANSTON SAFE ROUTES FOR SCHOOLS ASPEN ELEMENTARY AREA PROJECT. WHEREAS, the City of Evanston and Forsgren Associates, Inc. have previously entered into a contract whereby Forsgren Associates, Inc., is to provide engineering and construction management services for the Evanston Safe Routes for Schools Aspen Elementary Area Project; and WHEREAS, there is a need to amend the contract for the reasons described in the attached Amendment to the Forsgren Associates, Inc Contract; 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 Amendment to the Forsgren Associates, Inc Contract, a copy of which is attached hereto, for the Evanston Safe Routes for Schools Aspen Elementary Area Project PASSED, APPROVED AND ADOPTED this 6th day of August, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed unanimously with 6 yes votes: Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Resolution 19-54 Councilmember Ottley introduced Resolution 19-54. Councilmember Ottley moved, Councilmember M. Welling seconded, to adopt Resolution 19-54. RESOLUTION 19-54: RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HACH COMPANY TO PROVIDE THE ANNUAL CALIBRATION SERVICES NEEDED FOR THE WATER TREATMENT PLANT.  WHEREAS, the City of Evanston and Hach Company have reached an agreement whereby Hach Company will provide the annual calibration services needed for the City’s water treatment plant; 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 Agreement between the City of Evanston and Hach Company, a copy of which is attached hereto, to provide the annual calibration services needed for the City’s water treatment plant. PASSED, APPROVED AND ADOPTED this 6th day of August, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed unanimously with 6 yes votes: Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Resolution 19-55 Councilmember Lynch introduced Resolution 19-55. Councilmember Lynch moved, Councilmember D. Welling seconded, to adopt Resolution 19-55. RESOLUTION 19-55: RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING THE EXECUTION OF WATER AGREEMENTS WITH THE WYOMING DEPARTMENT OF TRANSPORTATION TO PROVIDE WATER FOR THE HARRISON DRIVE CONSTRUCTION PROJECT AND THE SULPHUR CREEK BRIDGE REPLACEMENT PROJECT. WHEREAS, the City of Evanston and the Wyoming Department of Transportation have negotiated an agreement whereby the City will provide water to the Wyoming Department of Transportation as set forth in the attached agreements for the Harrison Drive Construction Project and the Sulphur Creek Bridge Replacement Project; 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 Water Agreements between the City of Evanston and the Wyoming Department of Transportation, copies of which are attached hereto. PASSED, APPROVED AND ADOPTED this 6th day of August, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed unanimously with 6 yes votes: Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Award Bid/Safe Routes to School Councilmember Ottley moved, Councilmember D. Welling seconded, to award the bid for the Safe Routes to Evanston Aspen Elementary School to Maxfield Construction, Inc., the apparent low bidder meeting all City specifications, in the amount of $353,415.00. The motion passed unanimously with 6 yes votes: Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Public Participation Kayne Pyatt invited everyone to attend the Sage Brush Production of the 80's Musical at the Strand Theatre. Adjournment With no further business to be conducted at this time Mayor Williams adjourned the meeting at 6:25 p.m. ___________________________ Evan Perkes, Council President _______________________________ Nancy Stevenson, City Clerk