City Council

EVANSTON CITY COUNCIL Second Regular Meeting September 20th, 2022 The official record of proceedings of the second 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 and streamed live. 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; Council members Tim Lynch, Dave Welling, Mike Sellers and Mikal Welling. Tib Ottley and Evan Perkes were excused. Staff members present at the start of the meeting were: Community Development Director, Rocco O’Neill; Police Chief, Mike Vranish; City Treasurer, Trudy Lym; City Clerk, Diane Harris; Information Technology Coordinator, Preston Sheets; City Engineer, Dean Barker; Director of Parks and Recreation, Scott Ehlers; Senior Planner, DuWayne Jacobsen and Public Works Director, Gordon Robinson. City Attorney, Dennis Boal was excused. Approve Agenda Council member Welling moved, Council member M. Welling seconded, to approve the agenda.. The motion passed unanimously with 5 yes votes: Williams, Lynch, Welling, Sellers, M. Welling. Approve Minutes The official record of proceedings for the City Council Meeting held September 6th, 2022 and the Work Session held September 13th, 2022 was approved as presented. Bills Council member Lynch moved, Council member Sellers seconded, to approve the following bills for payment: Sept 07, 2022 to Sept 20, 2022 VENDOR FOR AMOUNT AXA Equivest Payroll 771.00 Beneficial Life Insurance Payroll 293.34 Delta Dental Payroll 8,178.80 Evanston Police Benevolent Payroll 464.00 Flex Share Payroll 5,321.84 Hartford Payroll 248.10 IRS Tax Deposit Payroll 103,703.68 NCPERS Payroll 112.00 Orchard Trust Payroll 1,592.76 Parks & Recreation Payroll 318.74 Vantage Point Payroll 198.88 WEBT Payroll 181,975.27 Wyoming Child Support Payroll 529.84 Wyoming Dept of Workforce Services Payroll 77,124.48 Payroll Payroll 154,868.35 Ayers Associates Registration 2,059.05 Artistic Customer Badges & Coins Supplies 935.00 American Red Cross Registration 23.00 All West Phones/Internet 2,637.31 Dennis M. Boal Services 5,098.50 Caselle Support/Maintenance 2,028.00 Casper Star Tribune Ads 306.60 Yeti Parts 54.40 Cazin’s Supplies 1,800.15 CD’s Electric Services 1,789.70 Cleveland Golf Supplies 1,467.05 CCI Network Utilities 83.52 Cook Brothers Broadcasting Ads 459.00 Deru’s Glass Services 4,375.90 EVN Tec Equipment 1,151.25 Chemtech-Ford Laboratories Testing 496.10 Empire Turf Supplies 3,712.50 Evanston Parks & Recreation City Subsidy 107,895.83 Flowtech Services 4,879.32 Government Finance Officer Association Registration 490.00 Golf Scorecards Supplies 1,398.11 Hach Supplies 11,071.86 Harrington Industrial Plastics Parts 73.82 Reladyne Fuel 1,534.78 Intermountain Concrete Supplies 1,458.32 Jackson Group Peterbilt Parts 1,634.86 Kallas Automotive Parts 2,458.47 Amanda R. Kirby Services 2,295.00 Morcon Parts 792.43 Mtn Business West Solutions Service Agreement 1,933.30 Dominion Energy Utilities 2,178.98 Myers/Anderson Architects Contract 4,125.00 Nalco Supplies 17,413.44 Orange Whip Supplies 677.50 OT Excavation Services 750.00 O’Reilly Auto Parts Parts 10.55 Staker Parson Companies Supplies 1,694.53 City of Evanston Reimbursement 156.12 Porter Muirhead Cornia Howard Audit 40,000.00 Real Kleen Janitorial Supplies 5,384.95 Schwitzer’s Night & Day Trucking Services 990.00 Secretary of State Notary 60.00 Local Government Liability Pool Deductible 1,000.00 Alsco Laundry Services 450.03 Thatcher Chemical Supplies 6,958.91 Titleist Supplies 133.00 The Huntington National Bank Contract 4,445.39 Turf Equipment & Irrigation Parts 415.62 Uinta County Herald Public Notices/Ads 1,340.95 Uinta County Solid Waste Landfill Fees 38,967.50 Union Wireless Cell Phone 72.90 VRC PROTX Supplies 7,805.00 Century Link Utilities 1,443.60 Rocky Mountain Power Utilities 23,512.84 Wyoming Waste Systems Dumpster Fees 97.93 XO Xtreme Marketing Contract 1,500.00 XCITIUM Software 2,640.00 Westar Printing Supplies 2,721.20 Western Wyoming Beverages Services 679.40 The Lumberyard Supplies 1524.76 One Call of Wyoming Tickets 132.00 Wyoming Department of Revenue Sales/Use Tax 2,986.77 WARWS Registrations 219.00 Dana Kepner of Wyoming Parts 9,339.06 Highland Golf Parts 37.27 Callaway Golf Supplies 1,909.89 Wyoming Dept of Transportation Contract 1,155.23 Emma Welch Refund 100.00 Wyoming State Golf Association Dues 1,020.00 Brian Lonsway Reimbursement 249.25 Gladiator Materials Services 8,757.00 Trevor Hartzell Reimbursement 640.00 Kendra Lapp Services 225.00 Sky Golf Supplies 1,465.00 Wright Express Fuel 1,670.03 The motion passed unanimously with 5 yes votes: Williams, Lynch, Welling, Sellers, M. Welling. Council Comments Council member Welling reminded everyone that it is Homecoming week and that there are lots of activities and traditions happening. He commented that the football game will be played on the new field and he encouraged everyone to attend the ribbon cutting and the game. Council member Sellers reminded everyone about the Wyoming Health Fair at the Machine shop on Wednesday, Thursday and Friday. He also wished good luck to the Red Devils on Homecoming. Consent Agenda Council member Welling moved, Council member M. Welling seconded, to approve the following Consent Agenda Item: Parade Route Permit - requested by Evanston High School Student Council for the annual Homecoming Parade. The parade will begin at Davis Middle School at approximately 1:00 p.m. on Friday, September 23rd, 2022. The motion passed unanimously with 5 yes votes: Williams, Lynch, Welling, Sellers, M. Welling. Resolution 22-68 Council member Sellers introduced Resolution 22-68. Council member Sellers moved, Council member Welling seconded, to adopt Resolution 22-68. A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH HAZEN AND SAWYER TO PROVIDE ENGINEERING SERVICES FOR THE EVANSTON WATER TREATMENT PLANT POWDERED ACTIVATED CARBON IMPROVEMENT PROJECT. WHEREAS, the City of Evanston and Hazen and Sawyer have negotiated an agreement whereby Hazen and Sawyer will perform the services set forth in the Professional Services Agreement for the Evanston Water Treatment Plant Powdered Activated Carbon Improvement Project; and WHEREAS, the City of Evanston and Hazen and Sawyer have set their agreement in writing, a copy of which is 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 Professional Services Agreement between the City of Evanston and Hazen and Sawyer, for the Evanston Water Treatment Plant Powdered Activated Carbon Improvement Project, a copy of which is attached hereto. PASSED, APPROVED AND ADOPTED this 20th day of September, 2022. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 5 yes votes: Williams, Lynch, Welling, Sellers, M. Welling. Resolution 22-69 Council member M. Welling introduced Resolution 22-69. Council member M. Welling moved, Council member Lynch seconded, to adopt Resolution 22-69. A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CREST, LLC TO PROVIDE DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE OVERTHRUST BALL FIELDS FIELD 1 IMPROVEMENT PROJECT. WHEREAS, a Selection Committee of the City considered competitive proposals from engineering firms to provide design and construction management services for the Overthurst Ball Fields Field 1 Improvement Project; and WHEREAS, after reviewing the proposals, the Selection Committee recommended the City accept the proposal from Crest, LLC to provide design and construction management services for the Overthurst Ball Fields Field 1 Improvement Project; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The Mayor is hereby authorized to execute, and the City Clerk attest, on behalf of the City of Evanston, the Agreement between the City of Evanston and Crest, LLC a copy of which is attached hereto, to provide design and construction management services for the Overthurst Ball Fields Field 1 Improvement Project.  PASSED, APPROVED AND ADOPTED this 20th day of September, 2022. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 5 yes votes: Williams, Lynch, Welling, Sellers, M. Welling. Resolution 22-70 Council member Lynch introduced Resolution 22-70. Council member Lynch moved, Council member Sellers seconded, to adopt Resolution 22-70 as amended to remove Change Order 3. A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON APPROVING CHANGE ORDER NO. 002 FOR THE AVALON INTERNATIONAL ALUMINUM, LLC SITE PREPARATION AND UTILITY PACKAGE PROJECT IN THE CITY OF EVANSTON. WHEREAS, the City of Evanston has previously authorized the Avalon International Aluminum, LLC-Site Preparation and Utility Package Project which is being constructed by Kilgore Companies, LLC dba Lewis and Lewis, Inc.; and WHEREAS, the governing body has determined that it is in the public’s interest to approve Change Order No. 002 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. 002 for the Aluminum, LLC-Site Preparation and Utility Package Project, a copy of which is attached hereto, is approved. Section 2. The Mayor is authorized to approve Change Order No. 002 on behalf of the City. PASSED, APPROVED AND ADOPTED this 20th day of September, 2022. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 5 yes votes: Williams, Lynch, Welling, Sellers, M. Welling. Resolutions 22-71 and 22-72 Council member Sellers introduced Resolutions 22-71 and 22-72. Council member Sellers moved, Council member Welling seconded, to adopt Resolutions 22-71 and 22-72. Resolution 22-71 A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE WYOMING ASSOCIATION OF SHERIFFS AND CHIEFS OF POLICE TO PROVIDE FUNDS FOR THE POLICE DEPARTMENT TO CONDUCT ALCOHOL COMPLIANCE INSPECTIONS. WHEREAS, the City of Evanston Police Department has found that inspections of alcohol retailers can help reduce underage drinking of alcohol within the community; and WHEREAS, money is available from the Wyoming Association of Sheriffs and Chiefs to help fund alcohol compliance inspections; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming as follows: Section 1. The Mayor, City Clerk and Police Department are authorized to sign the Alcohol Inspection Contract with the Wyoming Association of Sheriffs and Chiefs to help fund alcohol compliance inspections, a copy of which is attached hereto. Resolution 22-72 A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE WYOMING ASSOCIATION OF SHERIFFS AND CHIEFS OF POLICE TO PROVIDE FUNDS FOR THE POLICE DEPARTMENT TO CONDUCT TOBACCO COMPLIANCE INSPECTIONS. WHEREAS, the City of Evanston Police Department has found that inspections of tobacco retailers can help reduce underage smoking within the community; and WHEREAS, money is available from the Wyoming Association of Sheriffs and Chiefs to help fund tobacco compliance inspections; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming as follows: Section 1. The Mayor, City Clerk and Police Department are authorized to sign the Tobacco Inspection Contract with the Wyoming Association of Sheriffs and Chiefs to help fund tobacco compliance inspections, a copy of which is attached hereto. PASSED, APPROVED AND ADOPTED this 20th day of September, 2022. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 5 yes votes: Williams, Lynch, Welling, Sellers, M. Welling. Resolutions 22-73 through 22-76 Council member Lynch introduced Resolutions 22-73 through 22-76. Council member Lynch moved, Council member M. Welling seconded, to adopt Resolutions 22-73 through 22-76. Resolution 22-73 A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTI0N OF A SUB-AWARD AGREEMENT BETWEEN THE HIGHWAY SAFETY PROGRAM OF THE WYOMING DEPARTMENT OF TRANSPORTATION AND THE EVANSTON POLICE DEPARTMENT TO RECEIVE GRANT FUNDS FOR OCCUPANT PROTECTION. WHEREAS, grant funds are available from the Highway Safety Program of the Wyoming Department of Transportation which are to be used by local law enforcement agencies improve traffic safety through increased enforcement of Occupant Protection; and WHEREAS, it is necessary for the City to execute the attached Grant Agreement in order to receive the Grant funds; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming as follows: Section 1. The Evanston Police Department is authorized to sign the Sub-Award Agreement between the Highway Safety Program of the Wyoming Department of Transportation and Evanston Police Department, a copy of which is attached hereto, to provide increased enforcement of Occupant Protection. Resolution 22-74 A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTI0N OF A SUB-AWARD AGREEMENT BETWEEN THE HIGHWAY SAFETY PROGRAM OF THE WYOMING DEPARTMENT OF TRANSPORTATION AND THE EVANSTON POLICE DEPARTMENT TO RECEIVE GRANT FUNDS FOR IMPAIRED DRIVING ENFORCEMENT. WHEREAS, grant funds are available from the Highway Safety Program of the Wyoming Department of Transportation which are to be used by local law enforcement agencies improve traffic safety through increased enforcement regarding impaired driving; and WHEREAS, it is necessary for the City to execute the attached Grant Agreement in order to receive the Grant funds; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming as follows: Section 1. The Evanston Police Department is authorized to sign the Sub-Award Agreement between the Highway Safety Program of the Wyoming Department of Transportation and Evanston Police Department, a copy of which is attached hereto, to provide increased enforcement with regard to impaired driving. Resolution 22-75 A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTI0N OF A SUB-AWARD AGREEMENT BETWEEN THE HIGHWAY SAFETY PROGRAM OF THE WYOMING DEPARTMENT OF TRANSPORTATION AND THE EVANSTON POLICE DEPARTMENT TO RECEIVE GRANT FUNDS FOR PURCHASE OF RADAR EQUIPMENT. WHEREAS, grant funds are available from the Highway Safety Program of the Wyoming Department of Transportation which are to be used by local law enforcement agencies improve traffic safety through increased enforcement of speed regulations; and WHEREAS, it is necessary for the City to execute the attached Grant Agreement in order to receive the Grant funds; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming as follows: Section 1. The Evanston Police Department is authorized to sign the Sub-Award Agreement between the Highway Safety Program of the Wyoming Department of Transportation and Evanston Police Department, a copy of which is attached hereto, to provide funds for the purchase of radar equipment. Resolution 22-76 A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTI0N OF A SUB-AWARD AGREEMENT BETWEEN THE HIGHWAY SAFETY PROGRAM OF THE WYOMING DEPARTMENT OF TRANSPORTATION AND THE EVANSTON POLICE DEPARTMENT TO RECEIVE GRANT FUNDS FOR PURCHASE OF CAR VIDEO CAMERAS. WHEREAS, grant funds are available from the Highway Safety Program of the Wyoming Department of Transportation which are to be used by local law enforcement agencies improve traffic safety through increased enforcement of traffic regulations; and WHEREAS, it is necessary for the City to execute the attached Grant Agreement in order to receive the Grant funds; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming as follows: Section 1. The Evanston Police Department is authorized to sign the Sub-Award Agreement between the Highway Safety Program of the Wyoming Department of Transportation and Evanston Police Department, a copy of which is attached hereto, to provide funds for the purchase of car video cameras. PASSED, APPROVED AND ADOPTED this 20th day of September, 2022. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 5 yes votes: Williams, Lynch, Welling, Sellers, M. Welling. ORDINANCE 22-04 Council member Ottley sponsored Ordinance 22-04. Council member Lynch moved, Council member M. Welling seconded, to pass Ordinance 22-04 on first reading. AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING AMENDING SECTION 24-105 OF CHAPTER 24, ZONING, OF THE CITY CODE TO ALLOW MORE THAN ONE KITCHEN IN A DWELLING UNIT. WHEREAS, the definition of “Dwelling Unit” in Section 24-105 currently provides that there may be only one kitchen in a dwelling unit used for single family occupancy; and WHEREAS, there has been a demonstrated need to amend the ordinance to allow more than one kitchen in dwelling unit and at same time, not increase the density of residential neighborhoods; and WHEREAS, the Planning and Zoning Commission held a public hearing on September 13, 2022, to receive comments, information and input from the public regarding the proposed amendments to the definitions of “Dwelling Unit” and “Kitchen” in Section 24-105 of the code which would allow for more than one kitchen in a dwelling unit, and yet, not increase the density of the neighborhood; and WHEREAS, notice of the public hearing was published in a local newspaper of general circulation at least fifteen days in advance of the hearings; and WHEREAS, as a result of the hearing, the Planning and Zoning Commission forwarded a positive recommendation to the Governing Body of the City of Evanston to amend the definitions of “Dwelling Unit” and “Kitchen” as set forth below; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The Definitions of “Dwelling Unit” and “Kitchen” set forth in Section 24-105 of Chapter 24 of the Evanston City Code are hereby amended and re-enacted to provide as follows: § 24-105. Definitions and standards enumerated. DWELLING UNIT - One or more rooms in a dwelling or portion thereof, used and designed and intended to be used for occupancy by one family or a group living together as a single unit as described in Section 24-17 of the Evanston City Code, including permanent provisions for living, cooking, eating, sleeping and sanitation. KITCHEN -That portion of a dwelling unit devoted to the cooking or preparation of food for the purpose of consumption by residents of the dwelling unit. The term includes a 'kitchenette', 'wet bar' or any area equipped with items such as a counter-top hot plate, counter-top grill, or microwave oven, together with an under-counter refrigerator and sink. 'Full kitchen facilities' indicates the presence of complete cooking facilities (i.e. stove, oven or microwave oven, refrigerator, and sink). The presence within any food preparation area of a ventilation hood, gas stub, 220-volt electrical outlet or wiring, or any combination thereof, shall be considered a 'full kitchen facility'. PASSED AND APPROVED on First Reading this 20th day of September, 2022. The motion passed unanimously with 5 yes votes: Williams, Lynch, Welling, Sellers, M. Welling. Public Comments Mr. Fred Zeck, a citizen concerned about cell phone usage while driving, reported statistics on cell phone bans. He would like to see some changes made in the City. Adjournment With no further business to be conducted at this time Mayor Williams adjourned the meeting at 6:15 p.m. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk