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City Council

Regular Meeting

Evanston, WY · March 3, 2020

AgendaMinutes

Minutes

EVANSTON CITY COUNCIL First Regular Meeting March 3, 2020 The official record of proceedings of the first 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. 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; Community Development Director, Rocco O’Neill; Director of Engineering & Planning, Dean Barker; Police Chief, Jon Kirby: Public Works Director, Gordon Robinson; Director of Parks and Recreation, Scott Ehlers; Police Lieutenant, Ken Pearson; Senior Planner, DuWayne Jacobson; and Payroll/HR Specialist, Diane Harris. 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 February 18 2020, and the City Council Meeting Work Session Meeting held February 25, 2020 were approved as presented. Bills Councilmember Lynch moved, Councilmember M. Welling seconded, to approve the following bills for payment: February 19, 2020 to March 3, 2020 VENDOR FOR AMOUNT AXA Equivest Payroll 458.00 Blue Cross Blue Shield Payroll 142,623.22 Evanston Police Benevolent Payroll 240.00 Flex Share Payroll 2,682.66 IRS Tax Deposit Payroll 43,246.17 Orchard Trust Payroll 728.32 Parks & Recreation Payroll 188.40 Vantage Point Payroll 446.66 Payroll Payroll 134,127.98 AED Everywhere Supplies 132.00 Evanston Youth Club Contract 11,250.00 Dennis M. Boal Services 2,941.50 Yeti Parts 37.56 CD’s Electric Repairs 3,375.82 Century Equipment Parts 895.64 Verizon Wireless Cell Phones 833.15 Cummins Rocky Mountain Services 720.00 Deru’s Glass Supplies 1,005.62 Ellingford’s Supplies 380.72 Evanston Parks & Recreation Reimbursement/City Subsidy 125,092.95 Evanston Uinta Airport Contract 18,750.00 Falcon Environmental Corp Parts 85.92 Fastenal Supplies 39.62 Forsgren Associates Services 8,418.75 Frontier Psychological Association Services 975.00 Murdochs Safety Boots 256.48 Home Décor Supplies 50.90 Reladyne Supplies 125.75 Interwest Fire Protection Inspection 2,268.00 Floyd’s Truck Center Parts 1,017.86 Kallas Automotive Parts 736.22 Amanda R. Kirby Services 1,755.00 Morcon Industrial Supplies 1,086.74 Mountain West Business Solutions Service Agreement 398.12 OT Excavation Services 350.00 Office Products Dealer Supplies 209.42 Parnell’s Glass & Bodyworks Repairs 1,361.10 Staker Parson Companies Sand 153.00 Proforce Law Enforcement Equipment 1,268.57 Real Kleen Supplies 1,512.45 Safety Supply & Sign Signs 83.15 Salt Lake Wholesale Sports Supplies 532.00 Shred-It USA Services 88.36 Six States Parts 847.12 Skaggs Supplies 302.20 Stateline Metals Services 130.00 Sirius XM Services 176.67 Superior Rental Equipment Rental 2,575.00 Tom’s HVAC Repairs 180.00 Terracon Contract 2,950.00 Two Guys Flooring Repairs 95.00 Uinta Urgent Care Services 157.00 Uinta Engineering Services 1,325.00 Rocky Mountain Power Utilities 7,389.39 Walmart Supplies 414.88 XO Xtreme Marketing Marketing/Promotional 23,832.50 Westar Supplies 396.00 Wyoming Planning Association Membership Dues 605.00 Wyoming Association of Sheriff’s Registration 555.00 Yamaha Motor Corp Contract 3,495.25 Dana Kepner Parts 4,092.95 Rotary Club of Evanston Dues 205.50 JC Golf Accessories Supplies 159.21 Golden Rule Services 40.00 Varsity Ink Supplies 66.00 City of Rock Springs Registration 500.00 Jimmy Hack Golf Supplies 107.49 Brian or Holly Gruningre Refund 100.00 Dianna Gilmore Refund 100.00 Mark Tesoro Reimbursement 69.23 Sky Golf Supplies 846.66 The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Revenue & Expenditure Report Councilmember Ottley moved, Councilmember Perkes seconded, to approve the Revenue and Expenditure Reports for November and December 2019. The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Council Comments Councilmember David Welling commented that the Evanston High School Red Devils will be hosting the 4A Regional Basketball Tournament this weekend and encouraged everyone to support our teams and welcome all the visitors that will be in town for that event. Councilmember Sellers comment on the recent approval to grow Hemp in Wyoming. Mayor Williams commented on the WAM Winter Conference he and some of the Councilmembers attended. He stated that it was a good conference and great opportunity to visit with others from around the state. Special Presentation/Crime Stoppers Councilmember Lynch, a member of the Crime Stoppers Board asked the Mayor to draw the tickets for this years fund-raiser, which was a 50/50 drawing. Three lucky winners were drawn. Public Hearing/Liquor License City Attorney Dennis Boal conducted a public hearing to receive public comment regarding an application for a Restaurant Liquor License from GMRG ACQ1, LLC. dba: Pizza Hut #035951. Pizza Hut Area Coach, Stephen Fowler, explained the plans for the license. No one else addressed the issue and the hearing was closed. Liquor License/Pizza Hut Councilmember D. Welling moved, Councilmember Lynch seconded, to approve a Restaurant Liquor License for GMRG ACQ1, LLC. dba: Pizza Hut #035951. The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Consent Agenda Councilmember Perkes moved, Councilmember Ottley seconded, to approve the following Consent Agenda: A Limited Malt Beverage Permit requested by The Arts, Inc. for the Celtic Festival at the Roundhouse and Machine Shop on Friday, March 20, 2020 from 2:00 p.m. to 11:30 p.m. and Saturday, March 21, 2020 from 10:00 a.m. to 11:30 p.m.; and at the Strand Theater on Saturday March 21, 2020 from 5:00 p.m. to 11:30 p.m.; and approve a request by the Evanston Liquor Dealers Association for extended hours in 2020 for the following dates: St. Patrick’s Day Saturday, March 14, 2020 Fire Dept. Demolition Derby Saturday, September 12, 2020 Halloween Saturday, October 31, 2020 New Year’s Eve Thursday, December 31, 2020 The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Ordinance 20-01 Councilmember M. Welling moved, Councilmember Sellers seconded, to pass Ordinance 20-01 on third and final reading. ORDINANCE 20-01: AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING AMENDING SECTION 15-33. RESISTING ARREST, AND REPEALING SECTION 18-8, RESISTING, TO ELIMINATE DUPLICATION WITHIN THE CITY CODE AND TO MIRROR THE LANGUAGE OF THE STATE STATUTE FOR THE CRIME OF “INTERFERENCE WITH POLICE OFFICER”. WHEREAS, currently both Section 15-33 and 18-8 of the City Code make it a crime for a person to resist arrest or otherwise interfere with a police officer who is engaged in the performance of his official duties; and WHEREAS, there is a need to eliminate the duplication and to mirror the language of the state statute when it comes to defining the crime of “Interference with Police Officer” in the City Code; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: Section 15-33 of the Evanston City Code is amended and re-enacted to provide as follows: § 15-33. Interference with a police officer. . A person commits a crime if he knowingly obstructs, impedes or interferes with or resists arrest by a police officer while engaged in the lawful performance of his official duties and upon conviction shall be sentenced pursuant to Section 1-5 of the City Code. Section 2: Section 18-8 of the Evanston City Code is hereby repealed. PASSED AND APPROVED on First Reading this 4th day of February, 2020. PASSED AND APPROVED on Second Reading this 18th day of February,2020. PASSED AND APPROVED on Third and Final Reading this 3rd day of March,2020. CITY OF EVANSTON, WYOMING _________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion to pass Ordinance 20-01 on third and final reading passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Ordinance 20-02 Councilmember D. Welling moved, Councilmember Ottley seconded, to pass Ordinance 20-02 on third and final reading. ORDINANCE 20-02: AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING AMENDING SUBSECTIONS B, C AND D OF SECTION 15-12, DRUG PARAPHERNALIA, OF THE CITY CODE TO MAKE IT POSSIBLE FOR THE COURT TO ISSUE A SENTENCE WHICH INCLUDES BOTH A FINE AND JAIL TIME FOR A CONVICTION INVOLVING DRUG PARAPHERNALIA. WHEREAS, the general penalty set forth in Section 1-5 of the City Code for committing crime in violation of the City Code, is either a fine of not more than $750.00 or imprisonment for not more than six months, or both; and WHEREAS, currently, Subsections B, C and D of Section 15-12 of the City Code provides the court with authority to sentence a person convicted of a drug paraphernalia crime to jail for not more than six months or fined not more than $750.00 but not both; and WHEREAS, it is in the public’s interest to grant the court authority to issue criminal sentences which include both a fine and jail time in drug paraphernalia cases; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: Subsections B, C and D of Section 15-12 of the Evanston City Code are amended and re-enacted to provide as follows: §15-12. Drug Paraphernalia. B. Possession. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia as defined in this section, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the act. Any person who violates this subsection is guilty of a crime and, upon conviction, may be imprisoned for not more than six months or fined not more than seven hundred fifty dollars or both. C. Manufacture or delivery. It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the act. Any person who violates this subsection is guilty of a crime and, upon conviction, may be imprisoned for not more than six months or fined not more than seven hundred fifty dollars or both. D. Advertisement. It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a crime and, upon conviction, may be imprisoned for not more than six months or fined not more than seven hundred fifty dollars or both. PASSED AND APPROVED on First Reading this 4th day of February, 2020. PASSED AND APPROVED on Second Reading this 18th day of February,2020. PASSED AND APPROVED on Third and Final Reading this 3rd day of March,2020. CITY OF EVANSTON, WYOMING _________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion to pass Ordinance 20-02 on third and final reading passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Ordinance 20-03 Councilmember Lynch moved, Councilmember Sellers seconded, to pass Ordinance 20-03 on third and final reading. ORDINANCE 20-03: AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING AMENDING SECTION 12-38, RECKLESS DRIVING, OF THE CITY CODE TO MAKE IT POSSIBLE FOR THE COURT TO ISSUE A SENTENCE WITH INCLUDES BOTH A FINE AND JAIL TIME FOR A CONVICTION OF RECKLESS DRIVING. WHEREAS, currently, the City Code limits the penalty that can be imposed on a person convicted of Reckless Driving to a fine of not more than $750.00; and WHEREAS, it is in the public’s interest to amend the City Code to grant the court authority to issue criminal sentences in Reckless Driving cases which may include either a fine, jail time or both; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: Section 12-38 of the Evanston City Code is amended and re-enacted to provide as follows: § 12-38. Reckless driving. Any person who drives any vehicle in wilful or wanton disregard for the safety of persons or property is guilty of reckless driving and upon conviction, may be imprisoned for not more than six months or fined not more than seven hundred fifty dollars or both. PASSED AND APPROVED on First Reading this 4th day of February, 2020. PASSED AND APPROVED on Second Reading this 18th day of February,2020. PASSED AND APPROVED on Third and Final Reading this 3rd day of March,2020. CITY OF EVANSTON, WYOMING _________________________ Kent H. Williams, Mayor ATTEST: Nancy Stevenson, City Clerk The motion to pass Ordinance 20-03 on third and final reading passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Ordinance 20-04 Councilmember Ottley moved, Councilmember D. Welling seconded, to pass Ordinance 20-04 on second reading. ORDINANCE 20-04: AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING AMENDING SECTION 15-2., ASSAULT, AND SECTION 15-3., ASSAULT AND BATTERY, OF THE CITY CODE TO MIRROR THE LANGUAGE OF THE STATE STATUTES FOR THE CRIMES OF ASSAULT AND BATTERY. The motion to pass Ordinance 20-04 on second reading passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Ordinance 20-05 Councilmember M. Welling moved, Councilmember Perkes seconded, to pass Ordinance 20-05 on second reading. ORDINANCE 20-05: AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING TO AMEND SECTION 12-2., OF THE CITY CODE BY ADDING SUBSECTION L. TO MAKE IT POSSIBLE FOR THE COURT TO ISSUE GENERAL PENALTY FOR A CONVICTION INVOLVING VEHICULAR HIT AND RUN. The motion to pass Ordinance 20-05 on second reading passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Ordinance 20-06 Councilmember Lynch moved, Councilmember Ottley seconded, to pass Ordinance 20-06 on second reading. ORDINANCE 20-06: AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING TO AMEND SECTION 1-5., GENERAL PENALTY, OF THE CITY CODE BY ADDING SUBSECTION C. TO ENABLE A DEFENDANT IN MUNICIPAL COURT TO PAY OFF A FINE THROUGH INCARCERATION. The motion to pass Ordinance 20-06 on second reading passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Ordinance 20-07 Councilmember Sellers moved, Councilmember Ottley seconded, to pass Ordinance 20-07 on second reading. ORDINANCE 20-07: AN ORDINANCE APPROVING AND AUTHORIZING A ZONE CHANGE FOR PROPERTY IN THE CITY OF EVANSTON FROM RURAL RESIDENTIAL TO LOW DENSITY RESIDENTIAL-DEVELOPING, AS REQUESTED BY BART HUTCHINSON OF THE LAND MORE PARTICULARLY DESCRIBED HEREIN. The motion to pass Ordinance 20-07 on second reading passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Ordinance 20-08 Councilmember Perkes moved, Councilmember Lynch seconded, to pass Ordinance 20-08 on second reading. ORDINANCE 20-08: AN ORDINANCE APPROVING AND AUTHORIZING A ZONE CHANGE FOR PROPERTY IN THE CITY OF EVANSTON FROM LOW DENSITY RESIDENTIAL-DEVELOPING TO RURAL RESIDENTIAL, AS REQUESTED BY BART HUTCHINSON OF THE LAND MORE PARTICULARLY DESCRIBED HEREIN. The motion to pass Ordinance 20-08 on second reading passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Resolution 20-11 Councilmember D. Welling introduced Resolution 20-11. Councilmember D. Welling moved, Councilmember M. Welling seconded, to adopt Resolution 20-11. RESOLUTION 20-11: RESOLUTION DECLARING THE INTENTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, TO VACATE A PORTION OF THE RANCH AT EVANSTON PHASE NO. 1 SUBDIVISION, TO THE CITY OF EVANSTON, AS MORE PARTICULARLY DESCRIBED HEREIN AND HOLD A PUBLIC HEARING. WHEREAS, the City of Evanston has received a request from Wilma L. Hansen, PEXCO, a Wyoming general partnership, Michael Graeme Pexton and Patrick Pexton to vacate a portion of The Ranch at Evanston Phase No. 1 Subdivision to the City of Evanston; and WHEREAS, the governing body of the City of Evanston deems it in the public interest to initiate the procedure to consider the vacation of a portion of The Ranch at Evanston Phase No. 1 Subdivision; BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT : Section 1: It is hereby declared to be the intention of the governing body of the City of Evanston, Wyoming, to vacate a portion of The Ranch at Evanston Phase No. 1 Subdivision which is more particularly described as follows, to-wit: Partial Vacation The Ranch at Evanston Phase I Part of The Ranch at Evanston Phase No. 1 Subdivision, City of Evanston, Uinta County, Wyoming, as said Subdivision, is platted and recorded in the Office of the Uinta County Clerk, and being more particularly described as follows: Block 5: Lots 1 through 9; Block 6: Lots 30 and 31; Block 7: Lots 8 through 12; Lots 14 through 27; Block 8: Lots 1 through 4; Lots 7 through 10; Block 9: Lots 1 through 28; Block 10: Lots 1 through 10; Block 11: Lot 8; Block 12: Lots 7 and 8; Block 13: Lots 7 and 8; Block 14: Lots 7 and 8; Wheatland Street: All; Big Horn Lane: All; Saratoga Street: All; Tipton Lane: All; Rawlins Circle: All; Riverton Circle: From a point perpendicular to the Northeast corner of Lot 28, Block 7, thence northerly, easterly, and southerly to a point perpendicular to the Northwest corner of Lot 13, Block 7; Afton Avenue: From a point perpendicular to the Northeast corner of Lot 7, Block 7, thence easterly to the intersection with Newcastle Street; Newcastle Street: From a point on the North boundary of Sundance Avenue, thence northerly to the Northerly boundary of said Subdivision. The City of Evanston may reserve any necessary easements for the construction, repair, replacement and maintenance of overhead and underground utilities, including but not limited to electrical lines, natural gas lines, water lines, sewer lines, storm sewer lines, television transmission lines and telephone lines. Section 2: The governing body of the City of Evanston will meet to consider all protests, remonstrances or objections to said vacation on the 7th day of April, 2020, at 5:30 o'clock p.m., at the City Council Chambers Room, in the Evanston City Hall located at 1200 Main Street, Evanston, Wyoming. Section 3: All protests, remonstrances or objections to said vacation should be filed with the city clerk of Evanston, Wyoming, in writing at or prior to said hearing. Section 4: The city clerk will forthwith publish notice in the manner and in the time provided by law of the intention of the governing body of the City of Evanston, Wyoming, to vacate said portion of The Ranch at Evanston Phase No. 1 Subdivision. PASSED, APPROVED AND ADOPTED this 4th day of March, 2020. ________________________ 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 20-12 Councilmember Lynch introduced Resolution 20-12. Councilmember Lynch moved, Councilmember M. Welling seconded, to adopt Resolution 20-12. RESOLUTION 20-12:RESOLUTION DECLARING THE INTENTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, TO VACATE A PORTION OF THE TWIN RIDGE SUBDIVISION NO. 4 –PHASE 4, TO THE CITY OF EVANSTON, AS MORE PARTICULARLY DESCRIBED HEREIN AND HOLD A PUBLIC HEARING. WHEREAS, the City of Evanston has received a request from Yellow Creek Ranch Company, Inc., a Wyoming corporation to vacate a portion of the Twin Ridge Subdivision No. 4 – Phase 4 to the City of Evanston; and WHEREAS, the governing body of the City of Evanston deems it in the public interest to initiate the procedure to consider the vacation of a portion of Twin Ridge Subdivision No. 4 – Phase 4; BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT : Section 1: It is hereby declared to be the intention of the governing body of the City of Evanston, Wyoming, to vacate a portion of the Twin Ridge Subdivision No. 4 – Phase 4 which is more particularly described as follows, to-wit: Legal Description Partial Vacation of the Twin Ridge Subdivision No. 4 - Phase 4 Part of the Twin Ridge Subdivision No. 4 – Phase 4, City of Evanston, Uinta County, Wyoming, as said subdivision is platted and recorded in the Office of the Uinta County Clerk, and being more particularly described as follows: Lots 104-108; Lots 112-122; Kelly Ann Circle: All; Mary Lou Avenue: All The City of Evanston may reserve any necessary easements for the construction, repair, replacement and maintenance of overhead and underground utilities, including but not limited to electrical lines, natural gas lines, water lines, sewer lines, storm sewer lines, television transmission lines and telephone lines. Section 2: The governing body of the City of Evanston will meet to consider all protests, remonstrances or objections to said vacation on the 7th day of April, 2020, at 5:30 o'clock p.m., at the City Council Chambers Room, in the Evanston City Hall located at 1200 Main Street, Evanston, Wyoming. Section 3: All protests, remonstrances or objections to said vacation should be filed with the city clerk of Evanston, Wyoming, in writing at or prior to said hearing. Section 4: The city clerk will forthwith publish notice in the manner and in the time provided by law of the intention of the governing body of the City of Evanston, Wyoming, to vacate said portion of the Twin Ridge Subdivision No. 4 – Phase 4. PASSED, APPROVED AND ADOPTED this 4th day of March, 2020. ________________________ 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 20-13 Councilmember Perkes introduced Resolution 20-13. Councilmember Perkes moved, Councilmember Ottley seconded, to adopt Resolution 20-13. RESOLUTION 20-13: RESOLUTION DECLARING THE INTENTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, TO VACATE A PORTION OF THE TWIN RIDGE SUBDIVISION NO. 4 –PHASE 5, TO THE CITY OF EVANSTON, AS MORE PARTICULARLY DESCRIBED HEREIN AND HOLD A PUBLIC HEARING. WHEREAS, the City of Evanston has received a request from Yellow Creek Ranch Company, Inc., a Wyoming corporation to vacate a portion of the Twin Ridge Subdivision No. 4 – Phase 5 to the City of Evanston; and WHEREAS, the governing body of the City of Evanston deems it in the public interest to initiate the procedure to consider the vacation of a portion of Twin Ridge Subdivision No. 4 – Phase 5; BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT : Section 1: It is hereby declared to be the intention of the governing body of the City of Evanston, Wyoming, to vacate a portion of the Twin Ridge Subdivision No. 4 – Phase 5 which is more particularly described as follows, to-wit: Legal Description Vacation of Twin Ridge Subdivision No. 4 - Phase 5 All of Twin Ridge Subdivision No. 4 – Phase 5, City of Evanston, Uinta County, Wyoming, as said subdivision is platted and recorded in the Office of the Uinta County Clerk. The City of Evanston may reserve any necessary easements for the construction, repair, replacement and maintenance of overhead and underground utilities, including but not limited to electrical lines, natural gas lines, water lines, sewer lines, storm sewer lines, television transmission lines and telephone lines. Section 2: The governing body of the City of Evanston will meet to consider all protests, remonstrances or objections to said vacation on the 7th day of April, 2020, at 5:30 o'clock p.m., at the City Council Chambers Room, in the Evanston City Hall located at 1200 Main Street, Evanston, Wyoming. Section 3: All protests, remonstrances or objections to said vacation should be filed with the city clerk of Evanston, Wyoming, in writing at or prior to said hearing. Section 4: The city clerk will forthwith publish notice in the manner and in the time provided by law of the intention of the governing body of the City of Evanston, Wyoming, to vacate said portion of the Twin Ridge Subdivision No. 4 - Phase 5. PASSED, APPROVED AND ADOPTED this 4th day of March, 2020. ________________________ 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 20-14 Councilmember Sellers introduced Resolution 20-14. Councilmember Sellers moved, Councilmember D. Welling seconded, to adopt Resolution 20-14. RESOLUTION 20-14: A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING AN APPLICATION FOR A TECHNICAL ASSISTANCE GRANT, (“TAG GRANT”} FOR PIPELINE SAFETY FROM THE U.S. DEPARTMENT OF TRANSPORTATION TO OBTAIN FUNDS FOR ENGINEERING OR OTHER SCIENTIFIC ANALYSIS OF PIPELINE SAFETY. WHEREAS, there are funds available from the U.S. Department of Transportation which could be used by the City for technical assistance in improving the safe operation of pipelines in and around the community; and WHEREAS, it is in the public’s interest for the City of Evanston to apply for the grant funds; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming as follows: Section 1. The Mayor, City Clerk or City Engineer are authorized to sign and attest on behalf of the City the application for a Tag Grant from the U.S. Department of Transportation to be used by the City for technical assistance in the safe operation of pipelines in and around the community. PASSED, APPROVED AND ADOPTED this 4th day of March, 2020. ________________________ 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 20-15 Councilmember Ottley introduced Resolution 20-15. Councilmember Ottley moved, Councilmember M. Welling seconded, to adopt Resolution 20-15. RESOLUTION 20-15: RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ADDENDUM WITH GOLDEN SHOVEL AGENCY, LLC TO PROVIDE AN ECONOMIC DEVELOPMENT WEBSITE TO ASSIST THE CITY AND THE UINTA COUNTY ECONOMIC DEVELOPMENT COMMISSION IN THEIR EFFORTS TO EXPAND THE ECONOMY OF THE CITY OF EVANSTON AND UINTA COUNTY. WHEREAS, the City of Evanston and the Uinta County Economic Development Commission have determined that the creation of a website devoted exclusively to promoting economic development, would be a valuable tool to diversify the economy and increase employment within the community; and WHEREAS, Golden Shovel Agency, LLC has submitted a proposal and Agreement to provide the City and Commission with a economic gateway service through a website; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The Mayor is authorized to execute and the City Clerk attest the attached Agreement and Addendum with Golden Shovel Agency, LLC to provide an economic development website to assist the City and the Uinta County Economic Development Commission in their efforts to expand the economy of the City of Evanston and Uinta County. PASSED, APPROVED AND ADOPTED this 4th day of March, 2020. ________________________ 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 Eric Passenelli invited everyone to attend the Celtic Festival the 20th and 21st of March. 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

Agenda

CITY COUNCIL AGENDA March 3, 2020 CITY COUNCIL CHAMBERS, CITY HALL 5:30 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVE AGENDA ACKNOWLEDGE CITY COUNCIL MINUTES FOR February 18, 2020 ACKNOWLEDGE WORK SESSION MINUTES FOR February 25, 2020 APPROVE BILLS APPROVE REVENUE AND EXPENDITURE REPORT FOR NOVEMBER AND DECEMBER 2019 COUNCIL COMMENTS PUBLIC HEARINGS/SPECIAL ORDERS • Special Presentation - Crime Stoppers Drawing • PUBLIC HEARING – to solicit public comment regarding the application for a Restaurant Liquor License for GMRG ACQ 1, LLC, dba: Pizza Hut #035951, located at 134 Yellow Creek Road. • MOTION – to approve a Restaurant Liquor License for GMRG ACQ 1, LLC, dba: Pizza Hut #035951, located at 134 Yellow Creek Road. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion of any item is desired, that item will be removed from the Consent Agenda and considered separately. • Limited Malt Beverage Permit requested by The Arts, Inc., for the Celtic Festival at the Roundhouse and Railyards Complex on Friday, March 20, 2020 from 2:00 p.m. to 11:30 p.m. and Saturday, March 22, 2020 from 10:00 a.m. to 11:30 p.m. • Limited Malt Beverage Permit requested by The Arts, Inc., for the Celtic Festival at the Strand Theater on Saturday, March 21, 2020 from 5:00 p.m. to 11:30 p.m. • Request – By the Evanston Liquor Dealers Association for extended hours in 2020 for the following dates: St. Patrick’s Day Saturday, March 14, 2020 Fire Dept. Demolition Derby Saturday, September 12, 2020 Halloween Saturday, October 31, 2020 New Year’s Eve Thursday, December 31, 2020 UNFINISHED BUSINESS • ORDINANCE 20-01 An Ordinance of the City of Evanston, Wyoming amending Section 15-33. Resisting Arrest, and repealing Section 18-8, Resisting, to eliminate duplication within the City Code and to mirror the language of the State Statute for the Crime of “Interference with Police Officer”. (Third & Final Reading) C:\DATA\WP\FORMS-ACTIVE\001-03_CNCLAGENDA1.FRM • ORDINANCE 20-02 An Ordinance of the City of Evanston, Wyoming amending Subsections B, C and D of Section 15-12, Drug Paraphernalia, of the City Code to make it possible for the court to issue a sentence which includes both a fine and jail time for a conviction involving Drug Paraphernalia. (Third & Final Reading) • ORDINANCE 20-03 An Ordinance of the City of Evanston, Wyoming, amending Section 12-38, Reckless Driving, of the City Code to make it possible for the court to issue a sentence which includes both a fine and jail time for a conviction of Reckless Driving. (Third & Final Reading) • ORDINANCE 20-04 An Ordinance of the City of Evanston, Wyoming amending Section 15-2., Assault, and Section 15-3., Assault and Battery, of the City Code to mirror the language of the State Statutes for the Crimes of Assault and Battery. (Second Reading) • ORDINANCE 20-05 An Ordinance of the City of Evanston, Wyoming to amend Section 12-2., of the City Code by adding Subsection L. to make it possible for the court to issue general penalty for a conviction involving Vehicular Hit and Run. (Second Reading) • ORDINANCE 20-06 An Ordinance of the City of Evanston, Wyoming, to amend Section 1-5., General Penalty, of the City Code by adding Subsection C. to enable a defendant in Municipal Court to pay off a fine through incarceration. (Second Reading) • ORDINANCE 20-07 An Ordinance approving and authorizing a Zone Change for property in the City of Evanston from Rural Residential to Low Density Residential- Developing, as requested by Bart Hutchinson of the land more particularly described herein. (Second Reading) • ORDINANCE 20-08 An Ordinance approving and authorizing a Zone Change for property in the City of Evanston from Low Density Residential-Developing to Rural Residential, as requested by Bart Hutchinson of the land more particularly described herein. (Second Reading) NEW BUSINESS • RESOLUTION 20-11 Resolution declaring the intention of the Governing Body of the City of Evanston, Wyoming, to vacate a portion of the Ranch at Evanston Phase No. 1 Subdivision, to the City of Evanston, as more particularly described herein and hold a Public Hearing. • RESOLUTION 20-12 Resolution declaring the intention of the Governing Body of the City of Evanston, Wyoming, to vacate a portion of the Twin Ridge Subdivision No. 4 – Phase 4, to the City of Evanston, as more particularly described herein and hold a Public Hearing. • RESOLUTION 20-13 Resolution declaring the intention of the Governing Body of the City of Evanston, Wyoming, to vacate a portion of the Twin Ridge Subdivision No. 4 – Phase 5, to the City of Evanston, as more particularly described herein and hold a Public Hearing. • RESOLUTION 20-14 A Resolution of the City of Evanston, Wyoming authorizing an application for a Technical assistance Grant, (“TAG Grant”) for Pipeline Safety from the U.S. Department of Transportation to obtain funds for Engineering or other Scientific Analysis of Pipeline Safety. • RESOLUTION 20-15 Resolution of the City of Evanston, Wyoming, authorizing the execution of an agreement and addendum with Golden Shovel Agency, LLC to provide an Economic Development Website to assist the City and the Uinta County Economic Development Commission in their efforts to expand the economy of the City of Evanston and Uinta County. C:\DATA\WP\FORMS-ACTIVE\001-03_CNCLAGENDA1.FRM COMMENTS, REMARKS FROM DEPARTMENTS PUBLIC PARTICIPATION ADJOURNMENT C:\DATA\WP\FORMS-ACTIVE\001-03_CNCLAGENDA1.FRM

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