City Council

EVANSTON CITY COUNCIL Second Regular Meeting November 19, 2019 The official record of proceedings of the second regular meeting of the Evanston City Council for the month of November was held in the Council Chambers of City Hall on the above date. These proceedings were video recorded. Eric Hughes from Boy Scout Troop 81 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; Community Development Director, Rocco O’Neill; Police Chief, Jon Kirby; Director of Engineering & Planning, Dean Barker; Director of Parks and Recreation, Scott Ehlers; Senior Planner, DuWayne Jacobson; and Police Lieutenant, Mike Vranish. Public Works Director, Gordon Robinson was excused. A group of interested citizens were also present. Approve Agenda Councilmember D. Welling moved, Councilmember Sellers seconded, to approve the agenda. 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 November 5, 2019, and the City Council Meeting Work Session Meeting held November 12, 2019 were approved as presented. Bills Councilmember Lynch moved, Councilmember Perkes seconded, to approve the following bills for payment: November 6, 2019 to November 19, 2019 VENDOR FOR AMOUNT AXA Equivest Payroll 458.00 Evanston Police Benevolent Payroll 240.00 Flex Share Payroll 2,393.49 IRS Tax Deposit Payroll 42,782.90 Orchard Trust Payroll 753.32 Parks and Recreation Payroll 208.35 Vantage Point Payroll 446.66 Payroll Payroll 132,063.60 All West Utilities 2,323.47 Ballingham Golf Supplies 2,210.40 Dennis M. Boal Services 4,243.50 Auto Farm Vehicle 21,133.00 Cazin’s Supplies 678.27 CD’s Electric Electrical 1,425.00 City of Evanston Utilities 6,312.07 Codale Electric Supply Parts 1,592.59 Cleveland Golf Supplies 855.24 CCI Network Utilities 83.73 Chapman & Associates Registration 295.00 Ellingford’s Cement 602.00 Chemtech-Ford Laboratories Testing 98.00 Evanston Chamber of Commerce Awards 100.00 Evanston Parks & Recreation City Subsidy 101,983.33 First Bank Visa 9,393.61 Fastenal Supplies 290.15 Freeway Tire Tires 1,935.20 Murdochs Supplies 366.15 Hach Company Supplies 93.44 Reladyne Fuel 709.35 Sports World Supplies 50.98 Evanston Regional Hospital Testing 73.27 Ferguson Waterworks Parts 620.00 Kallas Automotive Parts 1,949.93 Amanda R. Kirby Services 1,665.00 Landmark Services 100.00 Morcon Industrial Supplies 617.61 Dominion Energy Utilities 10,424.76 Nalco Supplies 27,287.00 MailFinance Contract 3,293.58 Office Products Dealer Supplies 17.20 Pine Top Engineering Repairs 991.70 Planet Technologies Software 8,983.68 Staker Parson Companies Asphalt 940.90 Real Kleen Supplies 2,950.53 SF Mobile-Vision Supplies 67.90 Stacey Maxfield Construction Contract 25,356.60 Six States Parts 9.09 Skaggs Supplies 794.66 Stateline Metals Supplies 3,411.18 Tom’s HVAC Repairs 90.00 TCF Equipment Contract 8,890.78 Clayton B. Thomas Services 112.00 Uinta County Herald Ads 819.75 Uinta County Solid Waste Landfill 24,480.60 Uinta Lock & Key Repairs 125.00 Century Link Utilities 1,404.09 Rocky Mountain Power Utilities 24,402.45 Wasatch Surveying Services 1,967.50 Wyoming Waste Systems Services 237.36 Xylem Water Solutions Services 1,300.35 Westar Printing Supplies 43.40 Williamson-Godwin Truck Body Parts 59.47 Stotz Equipment Parts 325.10 The Lumberyard Supplies 168.02 Wyoming Montana Safety Council Certification 90.00 Wyoming Department of Revenue Sales/Use Tax 4,382.54 Dana Kepner Parts 110.35 Rotary Club of Evanston Dues 187.50 Wyoming Department of Transportation Supplies 254.48 Taylor Made Golf Supplies 761.69 Jesse Hawkins Reimbursement 146.96 Media Skills Marketing 21,875.00 Melynda Hernandez Refund 450.00 Law Enforcement Seminars Registration 350.00 Wyoming Uintah LLC Refund 1,125.10 Hsuao-Yi Liu Services 50.00 Evanston Hospitality 1710 LLC Refund 100.00 Shannon Vetos Refund 100.00 Richard Fitzgerald Refund 150.00 Jeramie Makinen Refund 450.00 Whitney or Desiree Batt Refund 100.00 Resa Holmes Refund 16.04 RATES Registration 200.00 Wright Express Fuel 14,355.80 WCBO Registration 150.00 Nutech Supplies 100.72 The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Council Comments Councilmember Perkes commented that snow is in the forecast and asked everyone to watch out for children and drive safely. Councilmember David Welling reminded everyone to support our local businesses over the holiday season and shop locally. Councilmember Sellers thanked the 19th Amendment Committee and commented on their last event, recognizing local women who have made a difference in our community. He also stated that he was sorry to learn that one of our downtown businesses will be closing. Consent Agenda Councilmember Ottley moved, Councilmember D. Welling seconded, to approve a Parade Route Permit requested by Main Street Promotions and Rachel Reifon for the Annual Parade of Lights on Thursday, December 5, 2019, beginning at 6:00 p.m. at the Machine Shop Parking Lot going onto Main Street, continuing down Main Street, turning right onto 7th Street, then right onto Center Street, right on 9th Street to Main Street and back to the Machine Shop Parking Lot; and a Open Container Permit requested by Main Street Promotions and Rachel Reifon for the Annual Downtown Open House on Main Street from 9th Street to 11th Street, Front Street from 9th Street to 10th Street and 10th Street from Front Street to Main Street on Thursday, December 5, 2019, from 5:00 p.m. to 8:30 p.m.; and A Parade Route requested by the Urban Renewal Agency for the Jingle Bell Jaunt 5K Fun Run/Walk on Saturday, December 7, 2019, beginning at 9:00 a.m. at the Strand Theater and going down Main Street and Union Road, then turning around at Constitution Avenue and back to City Hall. The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Ordinance 19-08 Councilmember Lynch moved, Councilmember Perkes seconded, to amend Ordinance 19-08 as follows: In the title, after the words “City of Evanston from” delete “Medium” and insert “Low”, in the first paragraph after the words “from a” delete “Medium” and insert “Low”, and in Section 1., after the words “from a” delete “Medium” and insert “Low”. The motion to amend Ordnance 19-08 passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Councilmember D. Welling moved, Councilmember Ottley seconded, to pass Ordinance 19-08, as amended, on Third and Final reading. ORDINANCE 19-08: AN ORDINANCE APPROVING AND AUTHORIZING A ZONE CHANGE FOR PROPERTY IN THE CITY OF EVANSTON FROM LOW DENSITY RESIDENTIAL-DEVELOPING AND PUBLIC TO MEDIUM DENSITY RESIDENTIAL -DEVELOPING, AS REQUESTED BY THE CITY OF EVANSTON AS OWNER OF THE LAND MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, property owner, City of Evanston, has filed an application with the Planning and Zoning Commission of the City of Evanston, Wyoming to change the zoning of the property described below from a Low Density Residential-Developing and Public Zone to a Medium Density Residential-Developing Zone; and WHEREAS, the Planning and Zoning Commission scheduled a public hearing for said application on October 7, 2019; and WHEREAS, notice of the public hearing and application was published in a newspaper of general circulation and notices of the hearing were mailed to affected landowners pursuant to City Ordinance; and WHEREAS, a public hearing was held by the Planning and Zoning Commission of the City of Evanston on October 7, 2019, to consider said application for a zone change; and WHEREAS, after receiving testimony and evidence from the applicants, affected landowners and the public at large, the Planning and Zoning Commission voted to recommend to the governing body that it approve the zone change. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, THAT : Section 1. The request of the aforesaid property owner to change the zoning of the property described below, from a Low Density Residential-developing and Public Zone to a Medium Density Residential-Developing Zone is hereby approved and authorized. Said real property being more particularly described as follows: The "Haw Patch 3rd Addition" to the City of Evanston, Wyoming, is a subdivision of Lot 202, Second Amended Plat of Southridge Park Subdivision as said Subdivision is platted and recorded in the Office of the Uinta County Clerk, and unplatted lands as described by Quitclaim Deed in Book 1054 on Page 986 of the Uinta County Records (UCSD No. 1 Parcel), said Addition being located in the NE1/4 NE1/4 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 Northeast corner of said Section 28, said corner monumented with a steel pipe with brass cap inscribed "Cloey C. Wall RLS 482 1973", and running thence along the boundary of said UCSD No. 1 Parcel the following six (6) courses: S 0°18'05" W, 66.00 feet; thence S 89°56'51" W, 606.95 feet to the point of curvature of a curve to the left having a radius of 217.00 feet; thence southwesterly 366.39 feet along the arc of said curve through a central angle of 96°44'22" to a point tangent, the long chord of which bears S 41°34'40" W, 324.39 feet; thence S 6°47'31" E, 4.01 feet to the point of curvature of a curve to the left having a radius of 217.00 feet; thence southeasterly 112.76 feet along the arc of said curve through a central angle of 29°46'23", the long chord of which bears S 21°40'43" E, 111.50 feet; thence N 36°33'54" W 181.66 feet to a boundary corner of said Lot 202, said corner lying on a curve to the left having a radius of 283.00 feet, from which point a radial line bears S 86°37'52" E; thence along the boundary of said Lot 202 the following four (4) courses: Southerly 104.03 feet along the arc of said curve through a central angle of 21°03'41", the long chord of which bears S 7°09'42" E, 103.44 feet, to the Southeast corner of said Lot 202; thence S 65°36'41" W, 150.30 feet to a boundary corner of said Lot 202, said corner being the point of curvature of a curve to the right having a radius of 892.00 feet;  thence southwesterly 296.32 feet along the arc of said curve through a central angle of 19°02'00", the long chord of which bears S 75°07'41" W, 294.96 feet, to the Southwest corner of said Lot 202; thence N 0°14'41" E, 510.13 feet to the Northwest corner of said Lot 202, said corner lying on the North boundary of said Section 28; thence N 89°56'51" E, 1296.02 feet along said North boundary to the POINT OF BEGINNING. Said Haw Patch 3rd Addition containing 6.262 acres, more or less. Section 2. The City of Evanston is hereby authorized and directed to take all action necessary to implement said zone change PASSED AND APPROVED on First Reading this 15th day of October, 2019. PASSED AND APPROVED on Second Reading this 5th day of November, 2019. PASSED AND APPROVED on Third and Final Reading this 19th day of November, 2019. CITY OF EVANSTON, WYOMING Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion to pass Ordinance 19-08, as amended, on third and final reading passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Ordinance 19-09 Councilmember Lynch moved, Councilmember Sellers seconded, to amend Ordinance 19-08 as follows: In the title, after the numbers “6-11" insert “,6-14". The motion to amend Ordnance 19-09 passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Councilmember Ottley moved, Councilmember Perkes seconded, to pass Ordinance 19-09, as amended, on second reading. ORDINANCE 19-09: AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING AMENDING SECTIONS 6-12 AND 6-13 AND REPEALING SECTIONS 6-2, 6-3, 6-4, 6-5, 6-6, 6-9, 6-11, 6-14 AND 6-15 OF CHAPTER 6, BICYCLES, OF THE EVANSTON CITY CODE TO UPDATE THE ORDINANCES REGARDING THE OPERATION OF A BICYCLE WITHIN THE CITY LIMITS. The motion to pass Ordinance 19-09, as amended, on second reading passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Ordinance 19-10 Councilmember M. Welling moved, Councilmember D. Welling seconded, to pass Ordinance 19-10 on second reading. ORDINANCE 19-10: AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING ENACTING SECTION 17-1.3 OF THE EVANSTON CITY CODE TO ENABLE THE GOVERNING BODY TO ESTABLISH THE HOURS IN WHICH A CITY PARK MAY BE OPEN FOR PUBLIC USE. The motion to pass Ordinance 19-10 on second reading passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Extended Hours/Firework/New Year’s Eve Councilmember Lynch moved, Councilmember D. Welling seconded, to authorize the Evanston Chamber of Commerce to extend the hours of use of the Roundhouse and for an Alcohol Catering Permit until 1:00 a.m. on New Year’s Eve, December 31, 2019, and to also allow Fireworks near the Roundhouse at midnight. The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Resolution 19-66 Councilmember D. Welling introduced Resolution 19-66. Councilmember D. Welling moved, Councilmember Sellers seconded, to adopt Resolution 19-66. RESOLUTION 19-66: RESOLUTION AUTHORIZING THE CITY OF EVANSTON, WYOMING TO ACCEPT AND APPROVE A RENEWAL OFFER WITH DELTA DENTAL OF WYOMING TO PROVIDE DENTAL INSURANCE FOR CITY EMPLOYEES.  WHEREAS, the City of Evanston, Wyoming has for many years provided dental insurance for its employees; and WHEREAS, it is necessary for the City to accept the attached renewal offer with Delta Dental of Wyoming to continue to provide dental insurance for its employees. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The City of Evanston hereby accepts and approves the renewal offer from Delta Dental of Wyoming, a copy of which is attached hereto and incorporated herein, to provide dental insurance for its employees. PASSED, APPROVED AND ADOPTED this 19th day of November, 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 19-67 Councilmember Sellers introduced Resolution 19-67. Councilmember Sellers moved, Councilmember Ottley seconded, to adopt Resolution 19-67. RESOLUTION 19-67: A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER ONE TO THE GRANT AGREEMENT FOR FEDERAL FUNDING THROUGH THE TRANSPORTATION ALTERNATIVES PROGRAM, ADMINISTERED BY THE WYOMING DEPARTMENT OF TRANSPORTATION FOR THE SAFE ROUTES TO THE EVANSTON ASPEN ELEMENTARY SCHOOL PROJECT. WHEREAS, the City of Evanston has previously been awarded a grant from the Wyoming Department of Transportation to construct a Safe Routes to the Evanston Aspen Elementary School Project; and WHEREAS, there is a need to amend the contract for the reasons described in the attached Amendment Number One to the Grant Agreement for the Safe Routes to the Evanston Aspen Elementary School 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 on behalf of the City of Evanston, Amendment Number One to the Grant Agreement for federal funding through the Transportation Alternatives Program, administered by the Wyoming Department of Transportation for the Safe Routes to the Evanston Aspen Elementary School Project. PASSED, APPROVED AND ADOPTED this 19th day of November, 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. Councilmember Ottley declared a conflict of interest on the next item of business and left his seat with the governing body. Resolution 19-68 Councilmember Perkes introduced Resolution 19-68. Councilmember Perkes moved, Councilmember M. Welling seconded, to adopt Resolution 19-68. RESOLUTION 19-68: A RESOLUTION APPROVING AND AUTHORIZING THE FINAL PLAT FOR THE HAVERHALS ADDITION, A SUBDIVISION WITHIN THE CITY OF EVANSTON, WYOMING AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Laurence e D. Haverhals and Betty J. DeRentis, (the “Subdivider”), have made application to the governing body of the City of Evanston, Wyoming for approval and authorization of the proposed subdivision entitled the Haverhals 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 Haverhals Addition is hereby approved, accepted and authorized and described in particularity as follows, to-wit: "Haverhals Addition" to the City of Evanston, Wyoming, located in the SE1/4 NW1/4 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 Southeast corner of said SE1/4 NW1/4 (Center one-quarter corner), and running thence N 89°54'41" W, 457.89 feet along the South boundary thereof; thence N 0°10'02" E, 365.52 feet; thence S 89°49'58" E, 157.89 feet to the Southwest corner of that tract of land described by Warranty Deed in Book 1012 on Page 243 of the Uinta County records (Broadbent Tract); thence continuing S 89°49'58" E, 300.00 feet along the South boundary of said Broadbent Tract to the Southeast corner thereof, said corner lying on the West boundary of the Crestview Meadows Second Addition to the City of Evanston, Wyoming as said Crestview Meadows Second Addition is platted and recorded in the office of the Uinta County Clerk; thence S 0°10'02" W, 364.89 feet along said West boundary to the POINT OF BEGINNING. Said Haverhals Addition containing 3.839 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 19th day of November, 2019. ________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion passed with 6 yes votes: Williams, Lynch, Perkes, D. Welling, Sellers, M. Welling. 1 abstain: Ottley. Councilmember Ottley returned to his seat with the governing body. Resolution 19-69 Councilmember M. Welling introduced Resolution 19-69. Councilmember M. Welling moved, Councilmember Sellers seconded, to adopt Resolution 19-69. RESOLUTION NO. 19-69: A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING IN SUPPORT OF THE PROPOSAL BY CORECIVIC TO LOCATE A PRIVATE DETENTION FACILITY TO HOUSE IMMIGRATION AND CUSTOMS ENFORCEMENT DETAINEES IN UINTA COUNTY, WYOMING. WHEREAS, the governing body for the City of Evanston has been committed to attracting needed employment opportunities for the citizens of its community; and WHEREAS, CoreCivic proposes to construct a state-of-the-art detention facility to house immigration and customs enforcement detainees in Uinta County, Wyoming; and WHEREAS, construction of the project will contribute to the development of city infrastructure and create a major employment center near the City of Evanston and in Uinta County; and WHEREAS, the project will result in significant tax revenues to the City upon commencement of construction and into the future; and WHEREAS, the project will result in numerous construction jobs and hundreds of permanent well- paying jobs upon completion; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1 The governing body of the City of Evanston supports the location of a private detention facility to house immigration and customs enforcement detainees in Uinta County, Wyoming, as proposed by CoreCivic.  PASSED, APPROVED AND ADOPTED this 19th day of November, 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. Public Participation Bart Jensen and Tyler Stuart, of Jones & DeMille Engineering Firm, introduced themselves to the Mayor and Councilmembers and commented that they are happy to announce they are opening an office in Evanston. Adjournment With no further business to be conducted at this time Mayor Williams adjourned the meeting at 6:10 p.m. ___________________________ Kent H. Williams, Mayor _______________________________ Nancy Stevenson, City Clerk