City Council

EVANSTON CITY COUNCIL Second Regular Meeting May 19th, 2020 The official record of proceedings of the second regular meeting of the Evanston City Council for the month of May was held in the Council Chambers of City Hall on the above date. These proceedings were video recorded. Council member Sellers 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 Treasurer, Trudy Lym; Director of Engineering & Planning, Dean Barker; Public Works Director, Gordon Robinson; City Clerk, Diane Harris; Community Development Director, Rocco O’Neill; Police Chief, Jon Kirby and Director of Parks and Recreation, Scott Ehlers. A group of interested citizens were also present. Approve Agenda Council member D. Welling moved, Council member Lynch 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 May 5, 2020, the Special City Council Meeting held May 12th, 2020 and the City Council Work Session Meeting held May 12th, 2020 were approved as presented. Bills Council member Perkes moved, Council member Sellers seconded, to approve the following bills for payment: May 6, 2020 to May 19, 2020 VENDOR FOR AMOUNT AXA Equivest Payroll 458.00 Evanston Police Benevolent Payroll 240.00 Flex Share Payroll 2,682.66 IRS Tax Deposit Payroll 42,487.21 Orchard Trust Payroll 678.32 Parks & Recreation Payroll 194.65 Vantage Point Payroll 446.66 Payroll Payroll 135,072.80 All West Phones/Internet 2,152.65 Dennis M. Boal Services 4,059.00 Caselle Support/Maintenance 1,939.00 Cazin’s Supplies 220.38 Crest LLC Contract 3,246.75 Creative Culture Insignia Supplies 5,555.00 City of Evanston Utilities 2,913.51 CCI Network Utilities 87.20 Deru’s Glass Services 1,162.35 Ellingford’s Supplies 36.08 Energy Laboratories Testing 2,552.50 Evanston Parks & Recreation City Subsidy 101,983.33 First Bank Visa 12,967.20 Fastenal Parts 21.00 Freeway Tire Tires 397.32 Randy’s Heating & AC Services 305.48 Goble Sampson Parts 3,388.78 Golf Scorecards, INC Supplies 1,175.00 Murdochs Small Tools 770.41 Harris Law Office Contract 4,000.00 Holland Equipment Company Parts 898.51 Evanston Regional Hospital Testing 219.81 Interwest Fire Protection Services 5,547.66 Ferguson Waterworks Parts 8,300.40 Kallas Automotive Parts 237.91 Amanda R. Kirby Services 1,620.00 M&K Striping & Maintenance Services 15,266.00 Mile High Turfgrass Supplies 2,169.00 Modern Cleaners Laundry Service 533.40 Morcon Industrial Parts 504.18 Motorola Solutions Software 165,466.00 Mid-American Research Chemical Supplies 987.06 Dominion Energy Utilities 5,328.28 National Pen Co Supplies 116.00 Office Products Dealer Supplies 511.80 Pine Top Engineering Services 446.83 Parnell’s Glass & Bodyworks Services 280.84 Quality Engraving & Locksmith Services 437.00 Real Kleen Janitorial Supplies 5,850.10 Rotational Molding of Utah Refuse Cans 5,220.00 SCI Inc Repairs 7,390.00 Six States Distributors Parts 318.46 Skaggs Companies Uniforms 403.78 Smith’s Food & Drug Supplies 345.54 Spikes Golf Supplies Supplies 116.07 Standard Plumbing Parts 5.94 Sateline Metals of Wyoming Parts 89.60 Alsco Services 233.29 Superior Rental Services 99.00 Tom’s HVAC Repairs 290.14 TCF Equipment Finance Contract 5,334.47 Uinta County Herald Public Notices 679.20 Uinta County Solid Waste Landfill Fees 27,037.10 Century Link Utilities 1,438.74 Rocky Mountain Power Utilities 25,558.80 VLCM Supplies 468.00 Wyoming Waste Systems Dumpster Fees 240.06 Westar Printing Supplies 28.00 Wheeler Machinery Parts 81.66 The Lumberyard Supplies 5,518.28 Uinta County Peace Officers Association Dues 310.00 Mountain West, LLC Supplies 4,002.00 Independent Software Solutions Parts 7.00 Rotary Club of Evanston Dues 211.50 Wyoming Department of Transportation Services 20.50 U.S.A Blue Book Parts 851.49 Daniel Sowers Award 100.00 Rhett Groll Reimbursement 108.73 Steve Cates Refund 1,300.00 I Got Poop.com Reimbursement 320.00 Craig Cook Refund 100.00 Kristy Faddis Refund 100.00 Ashley Richter Refund 67.02 Dalea Limited Partnership Victim Services 158.14 Wright Express Fuel 11,048.76 Revenue & Expenditure Report Council member Ottley moved, Council member M. Welling seconded, to approve the Revenue and Expenditure Reports for March and April 2020. The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. Council Comments Council member Lynch reminded everyone to continue to stay safe. Council member D. Welling mentioned that Evanston’s Spring Cleanup was in operation. Public Works is doing a great job, they will help unload items when you pull in. Continue to be safe. Council member Perkes commented that it was good to see people in attendance at the meeting. Council member Sellers mentioned that Dr. Kemmler, a physician in Evanston for many years had passed away. He also thanked State workers for diligently working on the stimulus package for the state.  Public Hearing Mayor Williams presented Proclamation 307 First. This Proclamation states that the City of Evanston is committed to supporting the success and strength of our local and state economy. June 2020 has been declared as 307 First month. Consent Agenda Council member Lynch moved, Council member D. Welling seconded, to approve the following Consent Agenda: · Parade Route Permit - requested by Evanston High School for the 2020 Graduating Class. The parade will begin at Evanston High School at approximately 12:30 p.m. on Saturday, May 30th. · Limited Malt Beverage Permit requested by Nicole Espy for the Strike Out Cancer Softball Tournament at the Overthrust Ball Fields for the following dates and times: Friday, June 12, 2020 7:00 am to 12:00 am Saturday, June 13, 2020 7:00 am to 12:00 am Sunday, June 14, 2020 7:00 am to 8:00 pm · Limited Malt Beverage Permit requested by Evanston Cowboy Days for the Annual Cowboy Days Celebration at Uinta County Fairgrounds for the following dates and times: Saturday, September 5, 2020 5:00 pm to 9:00 pm -- Fair Grounds Sunday, September 6, 2020 12:00 pm to 9:00 pm -- Fair Grounds Monday, September 7, 2020 12:00 pm to 5:00 pm -- Fair Grounds · Parade Route requested by Evanston Cowboy Days for the Annual Cowboy Days Celebration and Labor Day Parade on Monday, September 7, 2020 beginning at 10:00 am. The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. ORDINANCE 20-13 Council member Ottley moved, Council member M. Welling seconded, to pass Ordinance 20-13 on third and final reading. AN ORDINANCE APPROVING AND AUTHORIZING THE FINAL PLAT FOR THE RIVERBIRCH ADDITION, LOCATED IN THE CITY OF EVANSTON, WYOMING, BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the subdivider, Yellow Creek Ranch Company, Inc., a Wyoming corporation, has made application to the governing body of the City of Evanston, Wyoming for approval and authorization of the proposed subdivision entitled the Riverbirch Addition, located within the City of Evanston, Wyoming; and WHEREAS, the City of Evanston finds that all of the requirements of Section 22, "Subdivision Regulations" of the Code of the City of Evanston, have been complied with, including notice of hearings and hearings thereof; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, THAT: Section 1. The final plat of the Riverbirch Addition is hereby approved, accepted and authorized and described in particularity as follows, to-wit: Riverbirch Addition to the City of Evanston, Wyoming, located in the N1/2 SW1/4 of Section 29, 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: Commencing at the North one-quarter corner of said Section 29 and running thence S 0°08'45" E, 3266.87 feet along the North-South centerline of said Section 29; thence S 89°51'15" W, 1210.92 feet to the Northwest corner of Lot 59 of the Twin Ridge Subdivision No. 4 - Phase 2, as said Subdivision is platted and recorded in the Office of the Uinta County Clerk, and the POINT OF BEGINNING; thence S 33°28'46" E, 84.00 feet along the Westerly boundary of said Lot 59 to the Southwest corner thereof; thence S 81°40'21" E, 90.01 feet along the Westerly boundary of said Twin Ridge Subdivision No. 4 - Phase 2 to the Northwest corner of Lot 58 thereof; thence leaving said Westerly boundary S 56°31'14" W, 0.60 feet; thence S 29°51'58" E, 115.83 feet; thence S 31°18'01" E, 24.49 feet; thence S 56°32'56" W, 89.43 feet;  thence S 48°23'26" W, 83.43 feet; thence S 34°42'41" W, 79.00 feet; thence S 37°46'14" W, 107.89 feet; thence S 31°46'37" W, 93.68 feet; thence N 56°36'49" W, 154.80 feet; thence N 66°40'42" W, 61.96 feet; thence N 52°13'46" W, 140.05 feet; thence N 37°47'15" E, 94.00 feet; thence N 41°24'45" E, 97.70 feet; thence N 39°02'57" E, 115.66 feet; thence N 41°54'04" E, 114.67 feet; thence N 54°03'42" E, 107.35 feet; thence S 35°57'14" E, 51.72 feet to the POINT OF BEGINNING. Said Riverbirch Addition containing 3.875 acres, more or less. Section 2. The Mayor and City Clerk of the City of Evanston re hereby authorized and directed to enforce the mandates of Chapter 22 of the Code of the City of Evanston, referring to thepayment of necessary fees and land dedication requirements by the subdivider and the filing of the final plat with the County Clerk of Uinta County, Wyoming as by law required. PASSED AND APPROVED on First Reading this 21st day of April, 2020. PASSED AND APPROVED on Second Reading this 5th day of May, 2020. PASSED AND APPROVED on Third and Final Reading this 19th day of May, 2020. CITY OF EVANSTON, WYOMING ____ Kent H. Williams, Mayor ATTEST: __________________ Diane Harris, City Clerk Sponsored By: D. Welling The motion to pass Ordinance 20-13 on third and final reading passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. RESOLUTION 20-36 Council member Perkes introduced Resolution 20-36. Council member Perkes moved, Council member Lynch seconded, to adopt Resolution 20-36. RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING THE EXECUTION OF A PLANNED MAINTENANCE AGREEMENT AND ADDENDUM WITH CUMMINS INC TO PROVIDE MAINTENANCE FOR ELECTRIC GENERATORS USED BY THE CITY. WHEREAS, the City has a need to maintain generators used by the City to provide services to its citizens; 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, a Planned Maintenance Agreement and Addendum with Cummins Inc to provide maintenance for generators used by the City, a copy of the Agreement and Addendum is attached hereto. PASSED, APPROVED AND ADOPTED this 19th day of May, 2020. CITY OF EVANSTON, WYOMING Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. RESOLUTION 20-37 Council member D. Welling introduced Resolution 20-37. Council member D. Welling moved, Council member M. Welling seconded, to adopt Resolution 20-37. RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF A STREET DECK LEASE WITH RACHEL’S, LLC D.B.A. KATES, TO LEASE TWO PARKING SPACES TO BE USED AS A STREET DECK. WHEREAS Rachel’s LLC D.B.A. Kates has requested the City lease two parking spaces located directly in front of its building for the installation of a street deck to be used for outdoor dining and drinking during the summer and early fall season; and WHEREAS, the City desires to enable opportunities for restaurants, taverns other businesses located on its historic Main Street to be able to provide additional outdoor eating and drinking opportunities; and WHEREAS, the City’s has an interest in maintaining and furthering the economic opportunities, as well as enhancing the economic viability of Evanston’s Historic Downtown District; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The City of Evanston approves and authorizes the execution of a Street Deck Lease with Rachel’s LLC for two parking spaces located directly in front of its building for the installation of a street deck to be used for outdoor dining and drinking during the summer and early fall season. Section 2: The Mayor and City Clerk are authorized to sign and attest the Street Deck Lease a copy of which is attached hereto. PASSED, APPROVED AND ADOPTED this 19th day of May,2020. ____________________ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. RESOLUTION 20-38 Council member M. Welling introduced Resolution 20-38. Council member M. Welling moved, Council member Sellers seconded, to adopt Resolution 20-38. A RESOLUTION AUTHORIZING THE EXECUTION OF A SUBDIVIDER CONTRACT WITH YELLOW CREEK RANCH COMPANY, INC. TO CONSTRUCT THE IMPROVEMENTS FOR THE RIVERBIRCH ADDITION, A SUBDIVISION IN THE CITY OF EVANSTON, WYOMING. WHEREAS, pursuant to Chapter 22 of Evanston City Code all subdividers must construct certain improvements such as streets, sewers, water lines and other public facilities; and WHEREAS, Chapter 22, of the Evanston City Code requires the Subdivider to reimburse the City of Evanston for the actual cost of repairs to the improvements for one (1) year from the date of acceptance of the final plat or completion of the Improvements, whichever is later, and; WHEREAS, Chapter 22 of the Evanston City Code also provides for security for the City to assure the above described Improvements shall be completed, by requiring the Subdivider to deposit with the City a guarantee in the amount of not more than 150 percent of the estimated cost of the improvements; and  WHEREAS, the City and Yellow Creek Ranch Company, Inc. have negotiated an Agreement to install the required improvements and provide a guarantee for their completion; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming as follows: Section 1. The City of Evanston is authorized to enter into a Subdividers Agreement with Yellow Creek Ranch Company, Inc., a Wyoming corporation, for the Riverbirch Addition, a copy of which is attached hereto. Section 2. The Mayor is authorized to sign and the City Clerk attest said Agreement on behalf of the City. PASSED, APPROVED AND ADOPTED this 19th day of May, 2020. ___________________ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. RESOLUTION 20-39 Council member Lynch introduced Resolution 20-39. Council member Lynch moved, Council member Sellers seconded, to adopt Resolution 20-39. A RESOLUTION APPROVING AND AUTHORIZING THE FINAL PLAT FOR THE TOWN HALL ADDITION, A SUBDIVISION WITHIN THE CITY OF EVANSTON, WYOMING AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Brandon Lamb and Amber Lamb have made application to the governing body of the City of Evanston, Wyoming for approval and authorization of the proposed subdivision entitled the Town Hall 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 Town Hall Addition is hereby approved, accepted and authorized and described in particularity as follows, to-wit: Town Hall Addition, a subdivision of Lots 1, 2, 3, and 4, Block 13, of the Original Town of Evanston, Uinta County, Wyoming, being part of Sections 20 and 21, T15N, R120W, 6th P.M. said "Town Hall Addition" being more particularly described as follows: BEGINNING at the Easternmost corner of Block 13 of the Original Town of Evanston, Uinta County, Wyoming, and running thence S 42E48'09" W, 100.00 feet along the Southeasterly line of said Lot 1 to the Southernmost corner thereof: thence N 47E11'51" W, 100.00 feet along the Southwesterly line of said Lots 1, 2, 3, and 4 to the Westernmost corner of said Lot 4; thence N 42E48'09" E, 100.00 feet along the Northwesterly line of said Lot 4 to the Northernmost corner thereof; thence S 47E11'51" E, 100.00 feet along the Northeasterly line of said Lots 1, 2, 3, and 4 to the POINT OF BEGINNING. Said Town Hall Addition containing 0.230 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 May, 2020. _____________________________ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. RESOLUTION 20-40 Council member Sellers introduced Resolution 20-40. Council member Sellers moved, Council member M. Welling seconded, to adopt Resolution 20-40. A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON APPROVING CHANGE ORDER NO.2 FOR THE HARRISON STORM DRAIN REPLACEMENT PROJECT IN THE CITY OF EVANSTON. WHEREAS, the City of Evanston has previously authorized the Harrison Storm Drain Replacement Project which is being constructed by Construction Material Recycling Inc.; and WHEREAS, the governing body has determined that it is in the public’s interest to approve Change Order No. 2 for the reasons set forth therein; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming, as follows: Section 1. Change Order No. 2 for the Harrison Storm Drain Replacement Project, a copy of which is attached hereto, is approved. Section 2. The City Engineer and Mayor are authorized to approve Change Order No. 1 on behalf of the City. PASSED, APPROVED AND ADOPTED this 19th day of May, 2020. ___________________ Kent H. Williams, Mayor ATTEST: ___________________ Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. RESOLUTION 20-41 Council member Lynch introduced Resolution 20-41. Council member Lynch moved, Council member D. Welling seconded, to adopt Resolution 20-41. 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 19th day of May, 2020. __ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling.  Comments, Remarks from Departments Gordon Robinson, Public Works Director mentioned this week is Public Works Week. Mayor Williams expressed his appreciation fo the Public Works Department. Trudy Lym, Finance Director reminded everyone to get budget information in to her. Rocco O’Neill, Community Development Director commented that the Jump Start Program was resuming. Adjournment With no further business to be conducted at this time Mayor Williams adjourned the meeting at 6:00 p.m. ______________________________ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk