City Council

EVANSTON CITY COUNCIL Second Regular Meeting August 18th, 2020 The official record of proceedings of the second 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. Council member Ottley 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; Council members Tim Lynch, Tib Ottley, David Welling, Mike Sellers and Mikal Welling. Evan Perkes was excused. 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 Lieutenant Ken Pearson and Director of Parks and Recreation, Scott Ehlers. Police Chief Jon Kirby was excused. A group of interested citizens were also present. Approve Agenda Council member D. Welling moved, Council member M. Welling seconded, to approve the agenda. The motion passed unanimously with 6 yes votes: Williams, Lynch, Ottley, D. Welling, Sellers, M. Welling. Approve Minutes The official record of proceedings for the City Council Meeting held August 4th 2020 and the City Council Work Session Meeting held August 11th, 2020 were approved as presented. Bills Council member Lynch moved, Council member Sellers seconded, to approve the following bills for payment: August 5, 2020 to August 18, 2020 VENDOR FOR AMOUNT AXA Equivest Payroll 458.00 Evanston Police Benevolent Payroll 232.00 Flex Share Payroll 2,507.66 IRS Tax Deposit Payroll 50,396.35 Orchard Trust Payroll 953.32 Parks & Recreation Payroll 194.65 Vantage Point Payroll 106.66 Payroll Payroll 149,772.69 Artistic Sign Design Decals 68.00 Blue360 Media Supplies 154.69 All West Internet/Phones 2,318.73 Dennis M. Boal Services 4,176.00 Caselle Support/Maintenance 1,939.00 Cazin’s Supplies 1,350.83 Crest, LLC Services 5,076.50 Century Equipment Parts 182.40 City of Evanston Utilities 30,720.60 Cobra Puma Golf Supplies 806.61 CCI Network Utilities 88.44 Norco Supplies 16.86 Deru’s Glass Supplies 755.18 Easy Picker Golf Supplies 171.38 Empire Golf Supplies 448.00 Evanston Parks & Recreation City Subsidy 91,533.10 First Bank Visa 3,752.53 Fastenal Company Parts 77.73 Forsgren Associates Services 56.00 Gear for Sports Supplies 6,407.46 Murdochs Supplies 286.85 Harris Law Office Contract 4,000.00 Reladyne Fuel 1,500.70 Sport World Supplies 12.99 Evanston Regional Hospital Testing 77.12 Floyd’s Truck Center Parts 393.97 Kallas Automotive Parts 1,316.74 Amanda R. Kirby Services 1,125.00 Landmark Services 260.00 Modern Cleaners Laundry Services 523.40 Morcon Industrial Supplies 790.43 Mtn West Business Solutions Equipment/Service Agreement 4,613.32 Dominion Energy Utilities 130.00 Mountainland Supply Parts 4,319.45 MCI Services 39.58 Nalco Company Supplies 88,958.74 Nationwide Insurance Insurances 93,879.00 OT Excavation Reimbursement 780.00 Office Products Dealer Supplies 557.58 Porter Muirhead Cornia Howard Audit Fees 20,000.00 Quality Engraving & Locksmith Lock Replacements 4,213.75 Real Kleen Supplies 252.30 Rip’s Propane 26.55 Relentless LLC Registration 1,198.00 Safety Supply & Sign Signs 1,024.50 Standard Plumbing Supplies 69.99 Alsco Laundry Services 452.04 Superior Rental Supplies 883.89 Thatcher Chemical Supplies 4,411.55 Titleist Supplies 10,710.40 TCF Equipment Contract 4,445.39 Uinta County Library Foundation Children’s Programs 1,000.00 Two Guys Flooring Flooring 16,050.00 Uinta County Fire Protection Contract 55,819.50 Uinta County Herald Legal Notices 957.70 Uinta Engineering Services 10,725.00 Union Pacific Railroad Road Rent 100.00 Century Link Utilities 1,707.38 Rocky Mountain Power Utilities 31,647.50 Walmart Stores Restitution 113.68 Wyoming Waste Systems Services 238.89 Westar Printing Supplies 53.90 Western Wyoming Beverages Supplies 196.30 WETCO System Upgrade 2,050.00 The Lumberyard Supplies 158.30 Wyoming Department of Revenue Sales/Use Tax 2,828.70 WARWS Membership Renewal 418.00 Creative Ink Images Supplies 43.75 Jim Wall Service Award 100.00 JC Golf Supplies 216.27 DuWayne Jacobsen Service Award 100.00 Callaway Golf Supplies 1,142.14 Taylor Made Golf Supplies 1,712.48 Evanston Cowboy Days Contract 10,000.00 USA Blue Book Supplies 439.95 USPS Postage 15,000.00 Uinta Boces #1 Training 500.00 The Bugnappers Services 1,419.00 Micki Cox Service Award 100.00 David Eugster Water Well 17,443.13 Cheryl Packham Refund 427.93 Monyka Landry Refund 100.00 Keyden Boyer Refund 250.00 Charles Taylor Refund 450.00 Christopher Riley Refund 750.00 CCB Construction Reimbursement 720.00 Mark Williams Reimbursement 725.00 Christine Schmidt Refund 150.00 Adrienne Mohler Refund 150.00 River Glen Apartments Restitution 163.18 Wright Express Fuel 11,925.54 Bart Foust Reimbursement 1,050.00 Scott Faddis Reimbursement 536.54  Council Comments Council member Ottley recognized Parks and Recreation Director Scott Ehlers and staff for the success of the VFW Softball Tournament. He expressed appreciation for the food service. It was a great turn out. Council member Sellers wished all the candidates good luck today. He recognized Public Works for the assistance with Mr. Mander’s trees that fell during the windstorm. Mayor Williams congratulated all those that put their name in the hat for public office. He reminded everyone to vote. Appointment to Boards/Commissions Mayor Williams made two appointments to the following board. Council member D. Welling moved, Council member M. Welling seconded, to confirm the following appointments: Lodging Tax Board John Davis - January 2023 Dan Wheeler - January 2023 The motion passed unanimously with 5 yes votes: Lynch, Ottley, D. Welling, Sellers, M. Welling. Urban Renewal Board Tim Lynch - January 2021 The motion passed unanimously with 5 yes votes: Lynch, Ottley, D. Welling, Sellers, M. Welling. 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 Resort Liquor License from Summit Lodging, LLC, dba: Knights Inn to Lynch Consulting & Investments, LLC dba: Knights Inn. Dennis Lynch, owner of Lynch Consulting & Investments, LLC, explained the reason for the transfer and future plans for the restaurant and bar. No one else addressed the issue and the hearing was closed. Transfer/Liquor License/Knights Inn Council member D. Welling moved, Council member Ottley seconded, to approve the transfer of ownership of a Resort Liquor License from Summit Lodging, LLC dba: Knights Inn, to Lynch Consulting & Investments, LLC, dba: Knights Inn. The motion passed unanimously with 6 yes votes: Williams, Lynch, Ottley, D. Welling, Sellers, M. Welling. Public Hearing City Attorney, Dennis Boal conducted a public hearing to solicit public comments regarding a Business Ready Community Grant and Loan Program Application for a Business Committed Project. Meike Madrid, Community Relations/Grant Writer for the City of Evanston, explained the Development Agreement and the Business Ready Community Grant and Loan Program for the manufacturing business. Rick and Baron Carleton, owners of the business also spoke about the business they are relocating. No one else addressed this proposal and the hearing was closed. RESOLUTION 20-59 Council member D. Welling moved, Council member Ottley seconded, to remove from the table Resolution 20-59. The motion to remove Resolution 20-59 from the table passed unanimously with 6 yes votes: Williams, Lynch, Ottley, D. Welling, Sellers, M. Welling. RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ARTS, INC. D/B/A YOUNG MUSICIANS TO PROVIDE MUSIC EDUCATION AND CULTURAL ACTIVITIES AND OPPORTUNITIES FOR THE YOUTH. WHEREAS, the City of Evanston has a need to provide music education and cultural activities and opportunities; and  WHEREAS, the governing body of the City of Evanston recognizes that it benefits the citizens of the community to provide music education and cultural activities and opportunities for the youth of the community; and WHEREAS, the Young Musicians was formed in part to provide such education and activities for the youth of the community, including the low-income and disadvantaged youth of the City of Evanston, Wyoming; 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 Arts, Inc. D/B/A Young Musicians for educational, cultural activities and opportunities for youth in Evanston, Wyoming. Council member Lynch moved, Council member D. Welling seconded, to adopt Resolution 20-59. The motion failed with 0 yes votes and 6 no votes: Williams, Lynch, Ottley, D.Welling, Sellers, M. Welling. The Resolution was not adopted. Ordinance 20-11 Council member D. Welling moved, Council member Ottley seconded, to remove from the table Ordinance 20-11. The motion to remove Ordinance 20-11 from the table passed unanimously with 6 yes votes: Williams, Lynch, Ottley, D. Welling, Sellers, M. Welling. ORDINANCE 20-11: AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING, VACATING A PORTION OF THE RANCH AT EVANSTON PHASE NO. 1 SUBDIVISION TO THE CITY OF EVANSTON, AS MORE PARTICULARLY DESCRIBED HEREIN. Council member Sellers moved, Council member Ottley seconded, to table Ordinance 20-11 to the second meeting in January (January 19th, 2021). The motion to table Ordinance 20-11 passed unanimously with 6 yes votes: Williams, Lynch, Ottley, D. Welling, Sellers, M. Welling. RESOLUTION 20-66 Council member Lynch introduced Resolution 20-66. Council member Lynch moved, Council member Sellers seconded, to adopt Resolution 20-66. A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH AVALON INTERNATIONAL ALUMINUM MFG. INC FOR THE CONSTRUCTION AND DEVELOPMENT OF A LIGHT MANUFACTURING FACILITY. WHEREAS, the City owns real property which would be ideal for the construction and operation of a light industrial facility; and WHEREAS, Avalon is in the business of manufacturing and marketing aluminum door frames, sidelights, borrowed lights and aluminum glass doors used in the interior of office space, hospitals and educational facilities and desires to relocate its operation to Evanston, Wyoming, if certain development conditions can be met; and WHEREAS, the City and Avalon anticipate that the City may be able to obtain grant funding and a loan from the Wyoming Business Council/State of Wyoming, Business Ready Community Grant and Loan Program, to assist in the construction of a new facility to house the Avalon manufacturing operation; and WHEREAS, the City and Avalon desire to enter into this Development Agreement to facilitate and bring about the construction and development of a light manufacturing facility which will be used, leased by Avalon; WHEREAS, the location and operation of such a manufacturing facility in the City of Evanston will bring about significant economic benefits for the City, Uinta County and State of Wyoming; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming as follows: Section 1. The City of Evanston hereby approves and authorizes the execution of the attached Development Agreement with Avalon International Aluminum MFG. Inc, a Wyoming corporation, for the construction and development of a light manufacturing facility.  Section 2. The Mayor and City Clerk are authorized to sign and attest the Development Agreement on behalf of the City of Evanston, Wyoming. PASSED, APPROVED AND ADOPTED this 18th day of August, 2020. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Ottley, D. Welling, Sellers, M. Welling. RESOLUTION 20-67 Council member Sellers introduced Resolution 20-67. Council member Sellers moved, Council member D. Welling seconded, to adopt Resolution 20-67. A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING AUTHORIZING AND SPONSORING AN APPLICATION TO THE WYOMING BUSINESS COUNCIL UNDER THE BUSINESS READY COMMUNITY GRANT AND LOAN PROGRAM TO OBTAIN A BUSINESS READY GRANT FOR THE CONSTRUCTION OF A LIGHT MANUFACTURING FACILITY FOR THE AVALON DEVELOPMENT PROJECT. WHEREAS, the governing body recognizes there is a need to diversify the City’s economy and provide jobs for members of the community; and WHEREAS, the Business Ready Grant and Loan Program of the State of Wyoming is designed to assist communities in the recruitment and location of businesses which will provide such jobs and other economic benefits; and WHEREAS, the City of Evanston has the opportunity to recruit and locate such a business, Avalon International Aluminum MFG. Inc, (Avalon), through the construction and lease of a sixty-thousand sq. ft. building on city-owned property pursuant to a Development Agreement which has been entered into by and between Avalon and the City, (the Project); and WHEREAS, Avalon is in the business of manufacturing and marketing aluminum door frames, sidelights, borrowed lights and aluminum glass doors used in the interior of office space, hospitals and educational facilities and desires to relocate its operation to Evanston; and WHEREAS, the estimated cost of constructing the Project is $4,609,000.00 which is proposed to be funded through a business committed grant of $3,000,000.00, a business committed loan to the City not to exceed $1,109,000.00 and a cash match from Avalon in the amount of $500,000.00; and WHEREAS, the City shall further match the business committed grant and loan by making in-kind contributions of $500,000.00 for a sewer extension and the value of the real property in the amount of $115,500.00; and WHEREAS, Avalon has also agreed in the Development agreement to make an in-kind contribution to the Project of building materials valued at approximately $250,000.00; and WHEREAS, many public benefits will be derived from the Avalon Project including job creation, tax revenue growth, workforce development, economic diversity and stabilization and improved community marketability and business recruitment; and WHEREAS, the public benefits of the Avalon project will be measured by lower unemployment rates, increase in sales tax revenues, rise in manufacturing-related training, enhancement of the Union Center Business Park, and the attraction of other manufacturers to the area; and WHEREAS, the specific goals and measures of success of the Avalon Project include the successful construction of the manufacturing facility, Avalon’s employment of 17 workers initially and approximately 60 workers by year 5 of operation, and the repayment of the loan used to partially fund construction of the project; and WHEREAS, the City of Evanston will use the revenue recaptured from this project exclusively for economic development purposes including grant fund matching, commercial and industrial land acquisition, infrastructure and building development on commercial sites, economic development studies, plans & marketing, downtown development and beautification and other economic development projects; and  WHEREAS, the Development Agreement provides that should there be any cost overruns in excess of the contract price for construction of the Project, those cost overruns shall be paid by Avalon and under no circumstance shall the City be responsible for paying any cost overruns arising out of the construction of the Project; and WHEREAS, the City and Avalon have considered other possible funding solutions for the Project which included a private developer, federal funds (EDA, USDA) and conventional bank financing; and WHEREAS, after publishing notice in the newspaper, the City held a public hearing on August 18, 2020, to solicit testimony from citizens, and gave full consideration to all comments received; and NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming as follows: Section 1. The City of Evanston hereby authorizes and sponsors an application to obtain a Business Committed Grant in the amount of $3,000,000.00 from the Wyoming Business Council for the construction of a light manufacturing facility for the Avalon Development Project. Section 2. The Mayor and City Clerk are authorized to sign and attest all documents which are necessary to apply for the grant. PASSED, APPROVED AND ADOPTED this 18th day of August, 2020. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Ottley, D. Welling, Sellers, M. Welling. RESOLUTION 20-68 Council member M. Welling introduced Resolution 20-68. Council member M. Welling moved, Council member D. Welling seconded, to adopt Resolution 20-68. A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING AUTHORIZING AND SPONSORING AN APPLICATION TO THE WYOMING BUSINESS COUNCIL UNDER THE BUSINESS READY COMMUNITY GRANT AND LOAN PROGRAM TO OBTAIN A BUSINESS READY LOAN FOR THE CONSTRUCTION OF A LIGHT MANUFACTURING FACILITY FOR THE AVALON DEVELOPMENT PROJECT. WHEREAS, the governing body recognizes there is a need to diversify the City’s economy and provide jobs for members of the community; and WHEREAS, the Business Ready Grant and Loan Program of the State of Wyoming is designed to assist communities in the recruitment and location of businesses which will provide such jobs and other economic benefits; and WHEREAS, the City of Evanston has the opportunity to recruit and locate such a business, Avalon International Aluminum MFG. Inc, (Avalon), through the construction and lease of a sixty-thousand sq. ft. building on city-owned property pursuant to a Development Agreement which has been entered into by and between Avalon and the City, (the Project); and WHEREAS, Avalon is in the business of manufacturing and marketing aluminum door frames, sidelights, borrowed lights and aluminum glass doors used in the interior of office space, hospitals and educational facilities and desires to relocate its operation to Evanston; and WHEREAS, the estimated cost of constructing the Project is $4,609,000.00 which is proposed to be funded through a business committed grant of $3,000,000.00, a business committed loan to the City not to exceed $1,109,000.00 and a cash match from Avalon in the amount of $500,000.00; and WHEREAS, the loan requested from the State will be amortized over 10 years with interest accruing at a rate of 2% per annum; WHEREAS, the City proposes that during the first 12 months of the loan term, the City would make an annual payment to the State of interest only in the approximate sum of $22,180.00; and  WHEREAS, thereafter the City would make nine annual payments of interest and principal to the State in the approximate sum of $134,747.00; and WHEREAS, the Development Agreement requires Avalon to make monthly rental payments to the City which are more than sufficient to pay and service the loan from the State; and WHEREAS, all loan payments to the State shall be made from the City’s economic development fund and will not be obligation of the City’s general fund; and WHEREAS, many public benefits will be derived from the Avalon Project including job creation, tax revenue growth, workforce development, economic diversity and stabilization and improved community marketability and business recruitment; and WHEREAS, the public benefits of the Avalon project will be measured by lower unemployment rates, increase in sales tax revenues, rise in manufacturing-related training, enhancement of the Union Center Business Park, and the attraction of other manufacturers to the area; and WHEREAS, the specific goals and measures of success of the Avalon Project include the successful construction of the manufacturing facility, Avalon’s employment of 17 workers initially and approximately 60 workers by year 5 of operation, and the repayment of the loan used to partially fund construction of the project; and WHEREAS, the Development Agreement provides that should there be any cost overruns in excess of the contract price for construction of the Project, those cost overruns shall be paid by Avalon and under no circumstance shall the City be responsible for paying any cost overruns arising out of the construction of the Project; and WHEREAS, the City and Avalon have considered other possible funding solutions for the Project which included a private developer, federal funds (EDA, USDA) and conventional bank financing; and WHEREAS, after publishing notice in the newspaper, the City held a public hearing on August 18, 2020, to solicit testimony from citizens, and gave full consideration to all comments received; and NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming as follows: Section 1. The City of Evanston hereby authorizes and sponsors an application to obtain a Business Committed Loan in the amount not to exceed $1,109,000.00 from the Wyoming Business Council for the construction of a light manufacturing facility for the Avalon Development Project. Section 2. The Mayor and City Clerk are authorized to sign and attest all documents which are necessary to apply for the grant. PASSED, APPROVED AND ADOPTED this 18th day of August, 2020. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Ottley, D. Welling, Sellers, M. Welling. RESOLUTION 20-69 Council member Lynch introduced Resolution 20-69. Council member Lynch moved, Council member D. Welling seconded, to adopt Resolution 20-69. A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON AUTHORIZING THE ACCEPTANCE OF A QUOTE FROM DFA, LLC TO PROVIDE THE CITY AN ACTUARY REPORT TO ENABLE THE CITY TO MAKE REQUIRED GASB DISCLOSURES. WHEREAS, the City of Evanston is required by the Governmental Accounting Standards Board (GASB) to disclose the City’s liability of its postretirement health benefit programs; and WHEREAS, DFA, LLC will provide the City with an actuary report to enable the City to make required GASB disclosures;  NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming, as follows: Section 1. The City of Evanston accepts the attached Quote from DFA, LLC to provide the City an actuary report to enable the City to make required GASB disclosures. Section 2. The Mayor and Treasurer are authorized to accept the attached Quote with DFA, LLC on behalf of the City. PASSED, APPROVED AND ADOPTED this 18th day of August, 2020. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Ottley, D. Welling, Sellers, M. Welling. RESOLUTION 20-70 Council member Ottley introduced Resolution 20-70. Council member Ottley moved, Council member Sellers seconded, to adopt Resolution 20-70. RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING THE EXECUTION OF A GOVERNMENT PRODUCT LEASE AGREEMENT, METER RENTAL AGREEMENT AND MAINTENANCE AGREEMENT WITH MAIL FINANCE INC. AND QUADIENT LEASING TO UPGRADE AND MAINTAIN THE EQUIPMENT USED FOR BULK MAILINGS. WHEREAS, the City has a need to upgrade and update the equipment it uses for bulk mailings; and WHEREAS, the City of Evanston and Mail Finance Inc. and Quadient Leasing have negotiated an agreement to provide the service and equipment for bulk mailings as set forth in the Government Product Lease Agreement, Meter Rental Agreement and Maintenance Agreement which are attached hereto; 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 Government Product Lease Agreement, Meter Rental Agreement and Maintenance Agreement between the City of Evanston and Mail Finance Inc. and Quadient Leasing, copies of which are attached hereto, to upgrade and maintain the equipment used for bulk mailings. PASSED, APPROVED AND ADOPTED the 18th day of August, 2020. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Ottley, D. Welling, Sellers, M. Welling. Adjournment With no further business to be conducted at this time Mayor Williams adjourned the meeting at 6:30 p.m. ______________________________ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk