City Council

EVANSTON CITY COUNCIL First Regular Meeting September 7th, 2021 The official record of proceedings of the first regular meeting of the Evanston City Council for the month of September was held in the Council Chambers of City Hall on the above date. These proceedings were video recorded. Council member Perkes 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, 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; City Clerk, Diane Harris; Director of Engineering and Planning, Dean Barker; Public Works Director, Gordon Robinson; Community Development Director, Rocco O’Neill; Police Chief Michael Vranish; Facilities Supervisor, Jesse Hawkins and Senior Planner, DuWayne Jacobsen. Director of Parks and Recreation, Scott Ehlers was excused. A group of interested citizens were also present. Approve Agenda Council member Welling moved, Council member M. Welling seconded, to approve the agenda. The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, Welling, Sellers, M. Welling. Approve Minutes The official record of proceedings for the City Council Meeting held August 17th, 2021 and the City Council Work Session Meeting held August 24th, 2021 was approved as presented. Bills Council member Perkes moved, Council member Ottley seconded, to approve the following bills for payment: August 18, 2021 to September 7, 2021 VENDOR FOR AMOUNT AXA Equivest Payroll 433.00 Beneficial Life Insurance Payroll 293.34 Blue Cross Blue Shield Payroll 178,086.00 Delta Dental Payroll 8,211.60 Evanston Police Benevolent Payroll 232.00 Flex Share Payroll 2,868.96 Hartford Payroll 196.10 IRS Tax Deposit Payroll 44,476.60 Orchard Trust Payroll 1,103.88 Parks & Recreation Payroll 109.37 Vantage Point Payroll 109.44 Vision Service Plan Payroll 1,172.29 WEBT Payroll 924.00 Wyoming Retirement Payroll 63,645.75 Payroll Payroll 131,667.92 Action Target Supplies 242.69 All Data Subscription Renewal 1,500.00 All West Internet/Phones 3,223.75 Bridgestone Golf Supplies 1,137.00 Dennis M. Boal Services 2,124.00 Cazin’s Supplies 152.11 CD’s Electric Electrical 427.75 Cleveland Golf Supplies 2,746.03 Curtis Blue Line Supplies 6,732.00 Verizon Wireless Cell Phones 755.17 Cummins Rocky Mountain Inspection 650.00 D&L Supply Parts 1,158.00 Ellingford’s Cement 1,601.72 Chemtech-Ford Laboratories Testing 348.00 Chemical Testing Program Supplies 459.00 Energy Laboratories Testing 1,372.50 Evanston Parks & Recreation Reimbursement/City Subsidy 161,241.56 Fastenal Parts 182.12 Forsgren Associates Services 842.50 Freeway Tire Parts 30.00 Flowtech PCS Repairs 1,241.67 First American Title Insurance Fees 75.00 Green Source Supplies 575.00 Hach Company Contract 9,021.00 Sports World Supplies 14.99 Floyd’s Truck Center Parts 640.75 Lab Forms Supplies 1,840.70 Kallas Automotive Parts 871.94 Amanda R. Kirby Services 1,642.50 Lambert Painting Services 1,634.33 Mile High Turfgrass Supplies 1,165.00 Morcon Industrial Supplies 954.61 Mountain West Business Solutions Supplies 240.00 Dominion Energy Utilities 1,463.56 Nalco Chemicals 28,315.20 Quadient Contract 3,345.87 O’Reilly Auto Parts Parts 11.33 Chapter AL Fees 1,080.00 Plan One Avalon Project 52,171.00 Precision Pro Golf Supplies 628.95 Purcell Tire Co Tires 1,261.60 Porter Muirhead Cornia Howard Audit Fees 20,000.00 Proforce Law Enforcement Equipment 655.00 Real Kleen Supplies 157.60 Signal Scape Maintenance 2,037.99 Sirchie Fingerprint Lab Supplies 556.40 Smith’s Food & Drug Supplies 571.74 Snap-On Credit Subscription 748.92 Site One Landscape Supplies 333.00 Superior Rental Parts 111.00 Titleist Supplies 192.66 Turf Equipment Parts 1,661.32 Uinta County Fair Supplies 100.00 Rocky Mountain Power Utilities 15,679.23 VLCM Supplies 302.00 Walmart Supplies 902.70 XO Xtreme Marketing Marketing 27,962.00 Xylem Water Solutions Parts 3,935.64 Westar Printing Supplies 1,894.59 Western Wyoming Beverages Supplies 1,106.20 The Lumberyard Supplies 341.94 One-Call of Wyoming Services 81.75 Yamaha Motor Corp Contract 3,495.25 Utah/Yamas Controls Services 7,077.00 Mountain West LLC Supplies 4,192.00 Sherwin Williams Supplies 1,272.92 Eisinger-Smith Supplies 705.95 Callaway Golf Supplies 226.52 Taylor Made Golf Supplies 217.55 USA Blue Book Supplies 1,940.12 Rebecca Landes Reimbursement 120.00 Rhett Groll Reimbursement 64.98 Andrea Ayala Refund 100.00 James Schmidt Refund 100.00 Chad Asay Reimbursement 84.98 Gladiator Materials Cement 2,296.00 Kylene or Kelton Day Refund 100.00 Thirteen Ways Supplies 498.00 Kelli Pierce Refund 75.00 Jamar Technologies Equipment 4,546.00 Christine Nelson Refund 100.00 R8PA-Adam Butterfield Registration 1,125.00 IW Consulting Services Registration 700.00 Steven Kunz Refund 700.00 The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, Welling, Sellers, M. Welling.  Revenue & Expenditure Report Council member Lynch moved, Council member Sellers seconded, to approve the Revenue and Expenditure Reports for March, April and May 2021. The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, Welling, Sellers, M. Welling. Council Comments Council member Perkes reminded everyone that school is back in and to watch for kids as you are driving. Council member Welling expressed gratitude to everyone who expressed condolences for the passing of his mother. He also recognized the Evanston Cowboy Days Committee for a successful weekend. He mentioned the great crowds at the rodeos. Council member Sellers reminded everyone that September is Suicide Prevention Month. He recognized the Task Force that works on Suicide Prevention. He congratulated the Evanston High School Football team for winning both of their games. He also reminded everyone about the Health Fair Wednesday, September 8th through Saturday, September 11th. Council member M. Welling expressed gratitude to everyone who expressed condolences for the loss of his mother, they were appreciated. Mayor Williams recognized the Cowboy Days Committee for a great Cowboy Day’s celebration. He mentioned that it was a successful weekend. Public Hearing/Liquor License Renewals A public hearing was conducted by City Attorney, Dennis Boal for all the applicants that filed for the renewal of their liquor licenses within the City of Evanston. Mr. Boal stated that all the applications have been reviewed by the City Clerk and the Wyoming Liquor Division. Notice for the hearing has been advertised for two consecutive weeks in the local newspaper. Mr. Boal asked if there was any opposition or comments regarding any of the liquor license renewals. There being no comments, Mr. Boal closed the hearing. Liquor License Renewals Councilmember Welling moved, Councilmember Sellers seconded, to renew the following Liquor Licenses within the City of Evanston: Applicant Doing Business As License Rachel’s, LLC Kate's Retail It’s All Good, LLC Munchies Retail La Tia Mexican Eats, Inc. Don Pedro Family Mexican Retail Restaurant Yellow Creek Liquor, Inc. Discount Liquor Retail Wyoming Downs OTB 8, LLC Wyoming Downs OTB Retail Spanky’s Bar, LLC Spanky’s Bar Retail Smith’s Food & Drug Smith’s #86 Retail Centers, Inc. Guru Harkrishan, LLC Shell Gas Station & Truckstop Retail The Golden Ticket, LLC The Painted Lady Saloon Retail Fraternal Order of Eagles #2359 FOE # 2359 Limited Dunmar Inn, LLC Legal Tender Lounge Retail Sumo WY INC Ichiban Japanese Steakhouse Retail VFW Post 4280 VFW Post 4280 Limited WyoGastro, LLC The Pub at Purple Sage Retail APE Wyoming, LLC Porter’s TNT Fireworks Retail GRMG ACQ 1, LLC Pizza Hut #035951 Restaurant Jalisco Mexican Grill, LLC Jalisco Mexican Grill Restaurant Five - K, LLC The Lincoln Highway Tavern Retail  H.N.A., Inc. Cowboy Joe's Retail Fast Stop 1138, Inc. Fast Stop Retail OB5, LLC Border Beverage Retail Maverik Inc. Maverik #162 Retail Spirits of Red Mountain, Inc. Spirits of Red Mountain Retail Bon Rico, Inc. Bon Rico Retail Suds Brothers, Inc. Suds Brothers Brewery Bar & Grill Lynch Consulting Knights Inn Resort & Investments LLC Main St. Deli, LLC Main Street Deli Restaurant The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, Welling, Sellers, M. Welling. Proclamation Mayor Williams presented the Proclamation “Honoring Hunger Action Month”. This Proclamation states that the City of Evanston is committed to combating hunger in our community and to helping provide resources for those in need. Consent Agenda Council member Ottley moved, Council member Welling seconded, to approve the following Consent Agenda Items: Parade Route Permit requested by Evanston High School Student Council The parade will begin at Davis Middle School at approximately 12:30 p.m. on Friday, September 17th. Limited Malt Beverage Permit requested by Kody and Gabriela Blevins for the Never Enough Suicide Awareness Softball Tournament at the Overthrust Ball Fields for the following dates and times: Friday, September 17, 2021 12:00pm to 12:00 am Saturday, September 18th, 2021 8:00 am to 5:00 pm Sunday, September 19th, 2021 8:00am to 5:00 pm The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, Welling, Sellers, M. Welling. Ordinance 21-05 Council member Lynch moved, Council member Perkes seconded, to pass Ordinance 21-05 on third and final reading. AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING AMENDING SECTION 4-26. A. and B. 0F CHAPTER 4, ALCOHOLIC BEVERAGES, TO PROHIBIT THE USE MALT BEVERAGE AND CATERING PERMIT TO OPERATE A CONTINUING BUSINESS. WHEREAS, the Wyoming Legislature has amended the state statute to prohibit the use malt beverage and catering permits to operate a continuing business; and WHEREAS, the City of Evanston desires to amend its Alcoholic Beverage Ordinance in response to the amendments in state law; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1. Section 4-26. A. and B. of the Evanston City Code is hereby amended and reenacted to provide as follows: § 4-26. Twenty-four-hour malt beverage permit and catering permit.  A. A malt beverage permit authorizing the sale of malt beverages only may be issued by the City Council to any responsible person or organization for sales at a picnic, bazaar, fair, rodeo, special holiday or similar public gathering. No person or organization holding the special permit shall sell any alcoholic liquor other than malt beverages on the premises described on the permit, nor shall any malt beverage be sold or consumed off the premises authorized by the permit. Malt beverage permits under this subsection shall not be used to operate a continuing business. B. A catering permit authorizing the sale of alcoholic and malt beverages may be issued by the governing body to any person holding a retail liquor license or a resort liquor license, authorizing the off-premises sale of both alcoholic and malt beverages, for sales at meetings, conventions, private parties and dinners or at other similar gatherings events not capable of being held within the licensee's licensed premises. No licensee holding a catering permit shall sell or permit consumption of any alcoholic or malt beverages off the premises described in the permit. Catering permits under this subsection shall not be used to operate a continuing business. PASSED AND APPROVED on First Reading this 3rd day of August, 2021. PASSED AND APPROVED on Second Reading this 17th day ofAugust, 2021. PASSED AND APPROVED on Third and Final Reading this 7th day of September, 2021. CITY OF EVANSTON, WYOMING Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion to pass Ordinance 21-05 on third and final reading passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, D. Welling, Sellers, M. Welling. General Services Truck Councilmember Lynch moved, Council member Welling seconded, to accept the apparent low bid for the GENERAL SERVICES 2022 or newer 250/2500 ¾ Ton Single Cab 4WD long Wheelbase Pickup with Flip Top Service Body to Greiner Motors in Casper, Wyoming. The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, Welling, Sellers, M.Welling. Water Department Truck Councilmember Welling moved, Council member Sellers seconded, to accept the apparent low bid for the WATER DEPARTMENT 2022 or newer 250/2500 ¾ Ton Crew Cab 4WD long Wheelbase Pickup with Flip Top Service Body to Greiner Motors in Casper, Wyoming. The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, Welling, Sellers, M.Welling. Positions Councilmember Ottley moved, Council member Lynch seconded to authorize the addition of two Water Treatment Plant Operator Positions and one Wastewater Treatment Plant Operator position for the City of Evanston. The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, Welling, Sellers, M.Welling. Resolution 21-60 Council member M. Welling introduced Resolution 21-60. Council member M. Welling moved, Council member Sellers seconded, to adopt Resolution 21-60. A RESOLUTION APPROVING AND AUTHORIZING THE FINAL PLAT FOR THE O’LEARY ADDITION, A SUBDIVISION WITHIN THE CITY OF EVANSTON, WYOMING AS MORE PARTICULARLY DESCRIBED HEREIN.  WHEREAS, Roger Hughes, the (“Subdivider”), has made application to the governing body of the City of Evanston, Wyoming for approval and authorization of the proposed subdivision entitled the O’Leary 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 O’Leary Addition is hereby approved, accepted and authorized and described in particularity as follows, to-wit: The “O’Leary Addition”, as it appears on this plat, is a subdivision of part of the SE ¼ NE ¼ and NE ¼ SE ¼ of Section 19, T15N, R120W, 6TH P.M., in the City of Evanston, Uinta County, Wyoming, said “O’Leary Addition” being more particularly described as follows: BEGINNING at a point on the East line of said Section 19, said point of beginning lying S 0°10'28" E, 2556.60 feet from the Northeast corner thereof, said point of beginning also lying on the Southerly right- of-way of old U.S. Highway 30-S (Wasatch Drive); thence S 0°10'28" E, 93.78 feet along said East line to the East one-quarter corner of said Section 19; thence, continuing S 0°10'28" E, 633.84 feet along said East line to the Northerly right of way line of Interstate Highway I-80; thence S 43°06'02" W, 664.39 feet along said Northerly Interstate Highway right-of-way line; thence N 0°10'28" W, 1185.22 feet to said Southerly right-of-way line; thence N 86°32'32" E, 456.19 feet along said Southerly right-of-way line to the POINT OF BEGINNING. Said “O’Leary Addition” containing 10.000 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 7th day of September, 2021. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Ottley, Perkes, Welling, Sellers, M. Welling. Department Comments Public Works Director, Gordon Robinson thanked the citizens of Evanston for being mindful of water usage. He reported that August water consumption was down approximately a million gallons from last year. Adjournment With no further business to be conducted at this time Mayor Williams adjourned the meeting at 6:11 p.m. Kent H. Williams, Mayor Diane Harris, City Clerk