City Council

EVANSTON CITY COUNCIL First Regular Meeting September 3, 2019 The official record of proceedings of the first regular meeting of the Evanston City Council for the month of Septembert was held in the Council Chambers of City Hall on the above date. These proceedings were video recorded. Mayor Williams 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: 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; Community Development Director, Rocco O’Neill; Police Chief, Jon Kirby; Director of Engineering & Planning, Dean Barker; Public Works Director, Gordon Robinson; and Director of Parks and Recreation, Scott Ehlers. A group of interested citizens were also present. Approve Agenda Mayor Williams suggested the following change to the agenda: Delete the Revenue and Expenditure Report. Councilmember D. Welling moved, Councilmember M. Welling 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 August 20, 2019 were approved as presented. Bills Councilmember Lynch moved, Councilmember Perkes seconded, to approve the following bills for payment: August 21, 2019 to September 3, 2019 VENDOR FOR AMOUNT AXA Equivest Payroll 458.00 Evanston Police Benevolent Payroll 240.00 Flex Share Payroll 2,393.49 ING Life Insurance Payroll 13.20 Orchard Trust Payroll 753.32 Parks and Recreation Payroll 208.41 Vantage Point Payroll 446.66 Payroll Payroll 135,091.14 Blue360 Media Supplies 914.94 Asphalt Zipper Factory Parts 511.92 Blue to Gold, LLC Registration 127.00 Evanston Youth Club Contract 11,250.00 Brownells Equipment 159.97 Ballingham Golf Supplies 2,330.36 Dennis M. Boal Services 2,641.50 Yeti Parts 169.32 Cazin’s Supplies 175.23 Century Equipment Parts 90.65 Verizon Wireless Cell Phones 480.39 D&L Supply Parts 1,482.00 Deru’s Glass Building Maintenance 2,600.76 Ellingford’s Cement 1,181.82 Chemtech-Ford Laboratories Testing 250.00 Evanston Housing Authority Contract 15,000.00 Evanston Parks & Recreation Reimbursement 50,523.96 Fastenal Supplies 3.01 Forsgren Associates Services 457.50 Freeway Tire Tires 1,146.96 Great Basin Turf Supplies 1,348.00 Murdochs Supplies 495.38 Harris Law Office Contract 4,000.00 Intermountain Sweeper Parts 1,632.44 Kallas Automotive Parts 921.78 Amanda R. Kirby Services 1,327.50 MJB Animal Clinic Services 25.00 Morcon Industrial Supplies 1,290.48 Mountain West Business Solutions Contract 328.59 Morrison Maierle Contract 19,086.24 Oasis Stage Werks Grant 11,250.00 Pop’s Privy Services 280.00 Staker Parson Companies Asphalt 1,146.06 Porter’s Fireworks Brewfest 1,000.00 Preston Sheets Reimbursement 19.00 Proactive Sports Supplies 96.28 Qualification Targets Supplies 806.36 Interwest Supply Parts 4,998.00 Sirchie Finger Print Lab Supplies 284.07 Skaggs Uniforms 1,031.39 Smith’s Food & Drug Supplies 173.74 Superior Rental Parts 133.98 Triple H Company Supplies 351.80 Turf Equipment Parts 972.00 Uinta County Fair Promotional 848.80 Uinta County Human Services Contract 33,750.00 Uline Supplies 450.50 Rocky Mountain Power Utilities 8,895.19 Walmart Supplies 1,082.39 Westar Printing 559.70 Western Wyoming Beverages Supplies 370.50 Wheeler Machinery Parts 11.42 The Lumberyard Supplies 53.23 Wyoming Business Report Ads 1,402.00 Yamaha Motor Corp Contract 6,990.50 Calibre Press Registration 169.00 Root X Services 46.00 Mountain West, LLC Supplies 4,191.50 Rotary Club of Evanston Dues 331.00 JC Golf Supplies 310.49 Mity Lite Supplies 5,008.22 Evanston Cowboy Days Contract 10,000.00 Golden Rule Services 15.00 Shipping Plus Shipping 27.36 Education & Training Services Registration 1,497.00 Kickin Grass Services 55.00 Casper Police Department Registration 400.00 Alan Griffin Refund 100.00 Wesley Selby Reimbursement 200.00 Colt Hamilton Refund 175.00 Paula Wall Refund 36.14 Aaron Wigginton Refund 100.00 Danielle Stephens Refund 100.00 Pamela Lee Refund 100.00 The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Council Comments Mayor Williams and the Councilmembers commented on the recent Cowboy Day’s weekend and thanked everyone that had a part in making it a great weekend for our community. They also commented on the splash pad and that it is now closed for the season. Councilmember Sellers commented on the recent tragedy at the Bear Ponds and thanked all the first responders for all the do. Mayor Williams also commented on the Military Convoy that is in town today and encouraged everyone to go take a look at them. Public Hearing/Liquor License City Attorney Dennis Boal conducted a public hearing to receive public comment regarding an application to transfer the ownership of a Retail Liquor License from Michael Thomas Kindler to BK Management, LLC., dba: BK Management. Dharmesh Ahir, owner of the BK Management, LLC., explained that he has a lease agreement in place to put this license into use. No one else addressed the issue and the hearing was closed.  Transfer/Liquor License/BK Management Councilmember Perkes moved, Councilmember Ottley seconded, to approve the transfer of ownership of a Retail Liquor License from Michael Thomas Kindler to BK Management, LLC., dba: BK Management. The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, Welling, Sellers, M. Welling. Public Hearing/Liquor License Renewals 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 the City Clerk and the Wyoming 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 asked if there was any opposition or comments regarding any of the liquor license renewals. There being no comments, Mr. Boal closed the hearing. Liquor License Renewals Councilmember Lynch moved, Councilmember D. Welling seconded, to renew the following Liquor Licenses within 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 Family Mexican Restaurant Retail Yellow Creek Liquor, Inc. Discount Liquor Retail Wyoming Downs OTB 8, LLC Wyoming Downs OTB Retail Spanky’s Bar, LLC Spanky’s Bar Retail Smith’s Food & Drug Center, Inc. Smith’s #86 Retail Guru Harkrishan, Inc. Shell Gas Station & Truckstop Retail The Golden Ticket, LLC The Painted Lady Saloon Retail Fraternal Order of Eagles #2359 FOE #2359 Limited Dunmar Inn, LLC Legal Tender Lounge Retail BK Management, LLC BK Management Retail V.F.W. Post 4280 V.F.W. Post 4280 Limited Grille at Purple Sage, LLC The Grille at Purple Sage Retail APE Wyoming, LLC Porter's TNT Fireworks Retail Jalisco Mexican Grill, LLC Jalisco Mexican Grill Restaurant Five - K, Inc. The Lincoln Highway Tavern Retail H.N.A., Inc. Cowboy Joe’s Retail Fraughton Enterprises, LLC The Last Chance Retail OB5, LLC Border Beverage 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 Summit Lodging, LLC Knights Inn Resort Main St. Deli, LLC Main Street Deli Restaurant The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, Welling, Sellers, M. Welling. Consent Agenda Councilmember D. Welling moved, Councilmember Sellers seconded, to approve an Open Container Permit requested by Urban Renewal/Evanston Main Street for the Main Street Promotions Quarterly Social on Main Street from 9th Street to 11th Street, on Friday, September 13, 2019, from 6:00 p.m. to 8:00 p.m.; A Limited Malt Beverage Permit requested by The Arts, Inc., for the Neil Diamond Fundraiser Concert at the Roundhouse on Friday, September 20, 2019 from 5:00 p.m. to 10:00 p.m.; A Parade Route Permit requested by Evanston High School Student Council for the 2019 Homecoming Parade on Friday, September 20, 2019, beginning at 4:30 p.m. at Davis Middle School; and A Street Closure Permit requested by St. Mary Magdalen Church for a church social event on Sunday, October 6, 2019 on Center Street from 8th Street and 9th Street, from 1:00 p.m. to 4:00 p.m. The motion passed unanimously with yes 7 votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Ordinance 19-07 Councilmember Lynch moved, Councilmember Ottley seconded, to pass Ordinance 19-07 on third and final 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. WHEREAS, the governing body of the City of Evanston, Wyoming, did on the 6th day of August, 2019, pass a Resolution declaring the intention of the City to vacate a portion of Kimberly Avenue of the Fair Meadows Park Addition to the City of Evanston as requested by from Jonsey Fearn and Mark Mcgurn; and WHEREAS, said Resolution set a hearing for the 6th day of August, 2019, at 5:30 p.m., at the City Council Chambers at City Hall of the City of Evanston, to consider all protests, remonstrances or objections to said vacation, and that a hearing was held on said date and all protests, remonstrances and objections to said vacation were considered by the governing body; and WHEREAS, notice of the hearing and the City’s intent to vacate was published in a newspaper of local circulation once a week for four consecutive weeks prior to the hearing; and WHEREAS, after considering the evidence presented at the hearing, the governing body for the City of Evanston has determined that it is in the public’s interest to vacate the portion of Kimberly Avenue, described below; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, as follows: Section 1. The portion of the Kimberly Avenue which is more particularly described as follows, to-wit: A parcel of land located within the boundaries of Fair Meadows Park, City of Evanston, Uinta County, Wyoming, as said Park is platted and recorded in the Office of the Uinta County Clerk, said parcel being part of Kimberly Avenue as laid out upon the plat of said Park, and being more particularly described as follows: BEGINNING at the Southeast corner of said Park and running thence S 89°48'15" W, 40.00 feet along the South boundary of said Park to the Southeast corner of Lot 43, Block 1 therein; thence N 0°02'47" W, 100.00 feet along the East boundary of said Lot 43 to the Northeast corner thereof; thence N 89°48'02" E, 40.00 feet to a point on the East boundary of said Park; thence S 0°02'47" E, 100.00 feet along the East boundary of said Park to the POINT OF BEGINNING. Said parcel containing 0.092 acres, more or less. Section 2. The Mayor and City Clerk are hereby authorized to execute all documents, including but not limited to quitclaim deeds, which are necessary to carry out the vacation of said portion of Kimberly Avenue. PASSED AND APPROVED on First Reading this 6th day of August, 2019. PASSED AND APPROVED on Second Reading this 20th day of August,2019. PASSED AND APPROVED on Third and Final Reading this 3rd day of September, 2019. CITY OF EVANSTON, WYOMING Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion to pass Ordinance 19-07 on third and final reading passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Resolution 19-58 Councilmember Lynch introduced Resolution 19-58. Councilmember M. Welling moved, Councilmember Ottley seconded, to adopt Resolution 19-58. RESOLUTION 19-58: RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING THE EXECUTION OF A WATER AGREEMENT WITH THE WYOMING DEPARTMENT OF TRANSPORTATION TO PROVIDE WATER FOR THE AMG BRIDGE REHABILITATION 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 agreement for the AMG Bridge Rehabilitation 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 Agreement between the City of Evanston and the Wyoming Department of Transportation, a copy of which is attached hereto.  PASSED, APPROVED AND ADOPTED this 3rd day of September, 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. Comments/Remarks Nancy Stevenson thanked everyone for their support and get well wishes she has received since her recent accident. Public Participation Kayne Pyatt encouraged everyone to attend the September 5th Brown Bag Lunch at the Museum. Adjournment With no further business to be conducted at this time Mayor Williams adjourned the meeting at 5:50 p.m. ___________________________ Kent H. Williams, Mayor _______________________________ Nancy Stevenson, City Clerk