City Council

EVANSTON CITY COUNCIL First Regular Meeting February 7th, 2023 The official record of proceedings of the first regular meeting of the Evanston City Council for the month of February was held in the Council Chambers of City Hall on the above date. These proceedings were video recorded and streamed live. 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, Jesse Lind, Evan Perkes, David Welling, Mike Sellers and Jen Hegeman. Staff members present at the start of the meeting were: City Attorney/Prosecutor, Amanda Kirby; Director of Engineering and Planning, Dean Barker; City Treasurer, Trudy Lym; City Clerk, Diane Harris; Community Development Director, Rocco O’Neill; Police Chief, Mike Vranish; Director of Parks and Recreation, Scott Ehlers and Information Technology Coordinator, Preston Sheets and Public Works Director, Gordon Robinson. A group of interested citizens was also present. Approve Agenda Council member Welling moved, Council member Sellers seconded, to approve the agenda. The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Approve Minutes The official record of proceedings for the City Council Meeting held January 17th, 2023, and the Work Session held January 24th, 2023, were approved as presented. Bills Council member Lynch moved, Council member Lind seconded, to approve the following bills for payment: Jan 18, 2023 to Feb 07, 2023 VENDOR FOR AMOUNT AXA Equivest Payroll 338.00 Evanston Peace Officers Payroll 232.00 Flex Share Payroll 2,905.81 IRS Tax Deposit Payroll 49,007.23 Mission Square Payroll 99.44 Orchard Trust Payroll 1,093.88 Parks & Recreation Payroll 968.75 Wyoming Child Support Payroll 264.92 Payroll Payroll 148,052.35 AT&T Cell Phones 2,159.28 Adidas Supplies 252.39 Artistic Custom Badges & Coins Supplies 902.70 All West Phones/Internet 2,940.87 Ameri Tech Equipment Parts 829.17 Yeti Parts 531.68 CD’s Electric Services 1,158.97 City of Evanston Utilities 1,924.41 Cleveland Golf Supplies 504.00 Verizon Wireless Cell Phones 240.82 ESRI Software 3,750.00 Evanston Chamber of Commerce Contract 10,388.00 Evanston Parks & Recreation City Subsidy/Reimbursement 138,228.35 Evanston Uinta County Airport Contract 24,641.23 First Bank Visa 8,516.71 Fastenal Parts 31.23 Forsgren Associates Contract 1,402.50 Grainger Supplies 230.05 Murdochs Uniforms 855.70 Hach Supplies 669.85 Hazen & Sawyer Parts 9,967.50 Holland Equipment Parts 4,476.11 Hudrapak Seals Parts 76.20 Reladyne Fuel 1,550.82 Ferguson Waterworks Parts 7,267.25 1  Jackson Group Peterbilt Parts 630.89 Kallas Automotive Parts 3,584.10 Rhinehart Fuel 9,863.92 Landmark Services 355.00 Lewis and Lewis Contract 7,648.14 Mid-American Research Chemical Parts 1,446.32 Mountain Business West Solutions Service Agreement 804.67 Quadient Supplies 400.90 Office Products Dealer Supplies 91.27 Personnel Screening Testing 300.00 Quality Engraving & Locksmith Services 267.00 Safety Supply & Sign Signs 128.28 Sweetwater County Sheriff’s Office Jail Fees 390.00 Shred-It USA Services 121.44 Six States Distributors Parts 418.90 Skaggs Uniforms 661.08 Standard Plumbing Parts 52.82 Stateline Metals of Wyoming Parts 704.72 Local Government Liability Pool Deductible 1,781.86 ALSCO Laundry Services 462.88 Tom’s HVAC Services 11,395.57 Thatcher Chemical Supplies 7,874.43 Titleist Supplies 263.82 The Huntington National Bank Contract 4,889.93 Turf Equipment Parts 172.53 Uinta County Jail Fees 21,931.20 Rocky Mountain Power Utilities 20,206.77 Walmart Supplies 818.04 XO Xtreme Marketing Contract 17,116.66 Westar Printing Supplies 236.00 Willow Creek Salt Company Salt 6,432.72 W.W.Q. & P.C.A Dues 90.00 Wyoming Association Registration 905.00 Yamaha Contract 3,495.25 Uinta County Peace Officers Association Dues 310.00 Nickerson Parts 3,800.51 Prestige Flags Supplies 1,005.71 Dana Kepner Parts 6,924.95 Vehicle Lighting Solutions Parts 664.05 Kelsey McBroon Award 150.00 Shane Snyder Refund 359.78 Jonathan Gump Refund 200.00 Neal or Julie Grisso Refund 100.00 Nola Cutts Refund 100.00 Amy or Scott Covington Refund 100.00 Rio McCormick Refund 750.00 Christi Fisher Refund 35.78 Brandon Nelson Award 100.00 Varsity Ink Supplies 671.00 Wright Express Fuel 7,065.76 The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman, Revenue & Expenditure Report Council member Perkes moved, Council member Welling seconded, to approve the Revenue and Expenditure Report for December 2022. The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman, Council Comments Council member Lind commented that he enjoyed his experience at the Wyoming Association of Municipalities Workshop and received good information. Council member Perkes commented that it was good to see people in attendance at the meeting. Council member Welling reminded everyone that Jumpstart is continuing and encouraged people to attend. He commented that there is good information. He also mentioned to keep Diane Gardner, the Principal of North Elementary School in your prayers. Council member Sellers reported that he had been to the Uinta County Library and the new desks and equipment that they acquired through the City ARPA funds are nice. He reminded everyone to be careful on 2 the ice. He also reminded everyone to be aware of people that may seem to be struggling, and if anyone needs help the U.S. National Suicide Prevention Lifeline is 988 or text “WYO” to 741-741 for the Crisis Text Line. Council member Hegeman commented how important transparency is in government. She also mentioned that opinions are valued. Board Appointments Mayor Williams made appointments to the following board. Council member Welling moved, Council member Sellers seconded, to confirm the following appointments: Planning and Zoning Commission Rowdy Dean (reappointment)……………………………………………………January 2026 Bob Smith (reappointment)………………………………………………………. January 2026 The motion passed unanimously with 6 yes votes: Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Street Closure/Open Container Council member Welling moved, Council member Lind seconded, to approve the following Consent Agenda: Parade Route/Open Container Permit requested by Jon Pentz for the Evanston Car Show on Saturday, July 22nd, 2023, on Main Street from 8th Street to Harrison Drive, 9th Street from Front to Center and 10th Street from Front to Center, from 6:00 am to 3:00 pm. The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers. 1 no vote: Hegeman. Resolution 23-09 Council member Perkes introduced Resolution 23-09. Council member Perkes moved, Council member Lynch seconded, to table Resolution 23-09. A RESOLUTION PURSUANT TO WYOMING STATUTE § 15-9-106 FINDING AND DECLARING PARTS OF THE CITY OF EVANSTON AS BLIGHT AND AUTHORIZING THE REDEVELOPMENT THEROF. WHEREAS, the City of Evanston, Wyoming by resolution 82-129 determined that one or more slum or blighted areas exist within the City; and WHEREAS, with the age of the designation, this current action seeks to reaffirm the previous resolution; and WHEREAS, The Evanston Urban Renewal Agency now desires to create an Urban Renewal Plan and Project to utilize tax increment financing. The first step in doing so is to determine that the area desired for the Urban Renewal Plan is blighted or slummed per Wyoming State Statute §15-9-103; and WHEREAS, the City of Evanston desires to execute its authority under Wyoming Statute § 15-9-101, et seq., and begin the process of urban renewal within its boundaries; and WHEREAS, the City of Evanston has conducted a study which finds certain areas within the City to be “blight” as defined by Wyoming Statute § 15-9-103(iii), with particularity many structures that constitute an economic or social liability or are a menace to the public health, safety, morals, or welfare in its present condition and use; and Governing Body of the City of Evanston must pass a resolution finding certain areas of the city to be blight; and WHEREAS, the Governing Body does also declare that the rehabilitation, conservation, redevelopment, or a combination thereof of the areas defined in the attached Exhibit A are necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality; and WHEREAS, the pursuant to Wyoming Statute §15-9-107, the Governing Body finds the areas defined in the attached Exhibit A to be appropriate for an urban renewal project; and WHEREAS, that the Governing Body hereby finds and declares part of the City of Evanston as detailed in the attached Exhibit A to be blight and authorizes the rehabilitation and redevelopment of these defined areas as necessary for the public safety, health, morals, and welfare for the residents of the City of Evanston. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The City of Evanston, Wyoming, hereby finds and declares part of the City of Evanston as detailed in the attached Exhibit A to be blight and authorizes the rehabilitation and redevelopment of these defined areas as 3 necessary for the public safety, health, morals, and welfare for the residents of the City of Evanston. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously to table Resolution 23-09 to the February 21st, 2023, City Council Meeting, with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Resolution 23-10 Council member Lynch introduced Resolution 23-10. Council member Lynch moved, Council member Sellers seconded, to adopt Resolution 23-10. A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH SHADES OF PALE INC. FOR THE CONSTRUCTION AND DEVELOPMENT OF SECTION 4 OF THE HISTORIC ROUNDHOUSE FOR OPERATION OF A BREWERY, TASTING ROOM, AND RESTAURANT. WHEREAS, the City owns real property which would be ideal for the construction and operation of a brewery, tasting room, and restaurant; and WHEREAS, Shades of Pale Inc. (“Shades”) is in the business of manufacturing and marketing beer, spirits, and ciders and desires to relocate its operation to Evanston, Wyoming, if certain development conditions can be met; and WHEREAS, there is a need to make improvements to Section 4 of the Historic Roundhouse so that it can be a functional space; and WHEREAS, the City and Shades will each contribute funds to assist in the construction and improvements suitable to the brewery, tasting room, and restaurant operation of Shades; and WHEREAS, the City and Shades desire to enter into this Development Agreement to facilitate and bring about the construction and improvements of Section 4 of the Historic Roundhouse which will be used and leased by Shades; WHEREAS, the location and operation of such a brewery, tasting room, and restaurant 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 Shades of Pale, Inc., a Utah corporation, for the construction and development of a brewery, tasting room, and restaurant. 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 7th day of February 2023. Kent H. Williams, Mayor Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Resolution 23-11 Council member Perkes introduced Resolution 23-11. Council member Perkes moved, Council member Welling seconded, to adopt Resolution 23-11. 4 RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON AUTHORIZING THE GRANTING AND EXECUTION OF A FIRST RIGHT OF REFUSAL AND NOTICE OF FIRST RIGHT OF REFUSAL TO SHADES OF PALE, INC. WHEREAS, the City agreed to convey a First Right of Refusal to Shades of Pale, Inc. (“Shades”) to lease Section 3 of the Historic Roundhouse as part of the Lease and Development Agreement for Section 4 of the Historic Roundhouse attached hereto; and WHEREAS, the Right of First Refusal is sought to encourage Shades to expand its operations; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The Mayor and City Clerk are authorized to sign and attest a First Right of Refusal and Notice of First Right of Refusal, copies of which are attached hereto, to Shades of Pale, Inc., to lease the real property more particularly described as: Section 3 of the Historic Roundhouse in the City of Evanston, Uinta County, Wyoming, as shown on Exhibit A, which is attached hereto. PASSED, APPROVED AND ADOPTED this 7th day of February 2023. Kent H. Williams, Mayor Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Resolution 23-12 Council member Lynch introduced Resolution 23-12. Council member Lynch moved, Council member Sellers seconded, to adopt Resolution 23-12. RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF A LEASE WITH SHADES OF PALE, INC., A UTAH CORPORATION. WHEREAS, the governing body of the City of Evanston recognizes that it benefits the community to provide for economic development in the City of Evanston; and WHEREAS, Shades of Pale Inc. (“Shades”) is in the business of manufacturing and marketing beer, spirits, and ciders and desires to relocate its operation to Evanston, Wyoming, if certain development conditions can be met; and WHEREAS, the City and Shades have entered into a Development Agreement for construction and improvements to Section 4 of the Historic Roundhouse WHEREAS, a long-term lease of said Section would allow for the continued use and benefit of said property currently being unused; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The City of Evanston hereby approves and authorizes the Lease of the real property described in the attached Lease to Shades of Pale, Inc., a Utah corporation, subject to the terms and conditions as set forth in said Lease. Section 2: The Mayor and City Clerk are authorized to sign and attest the attached Lease with Shades of Pale, Inc., a Utah corporation, to provide for economic development within the City of Evanston. PASSED, APPROVED AND ADOPTED this 7th day of February 2023. Kent H. Williams, Mayor Diane Harris, City Clerk 5  The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Resolution 23-13 Council member Sellers introduced Resolution 23-13. Council member Sellers moved, Council member Welling seconded, to adopt Resolution 23-13. RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE SIGNING OF THE WARRANTY DEED TO CLEAN ENERGY, A CALIFORNIA CORPORATION, AND CLARIFYING THE LEGAL DESCRIPTION OF THE PROPERTY WHEREAS, the City entered into a Real Estate Lease with Option to Purchase with Clean Energy (formerly Northstar Inc.), a California Corporation in April 2012; and WHEREAS, Clean Energy is exercising its Option to Purchase; and WHEREAS, a Purchase Agreement has been prepared; and WHEREAS, the Title Commitment for the property requires a Resolution authorizing the Mayor and City Clerk to sign the Warranty Deed; and WHEREAS, the legal description for the property differs from that in the Lease than that in the Purchase Agreement and Warranty Deed because a Subdivision was approved during the tenure of the lease, namely the Union Center 3rd Addition Subdivision in 2021 as evidenced in Exhibit A attached hereto; and WHEREAS, the correct legal description for the property post Subdivision is listed in the Purchase Agreement and Warranty Deed attached hereto as Exhibits B and C. 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 Warranty Deed to Clean Energy for the property more particularly described in said Warranty Deed and that the legal description in said Warranty Deed and Purchase Agreement is the correct description. PASSED, APPROVED AND ADOPTED this 7th day of February 2023. Kent H. Williams, Mayor Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Resolution 23-14 Council member Lind introduced Resolution 23-14. Council member Lind moved, Council member Welling seconded, to adopt Resolution 23-14. RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE TRADE OF REAL PROPERTY WITH SCHOOL DISTRICT NO. ONE, UINTA COUNTY, WYOMING AND THE EXECUTION OF DEEDS AND NECESSARY DOCUMENTS TO COMPLETE THE TRADE. WHEREAS, Uinta County School District No. 1 desires to trade real property with the City of Evanston; and WHEREAS, Notice of a Public Hearing to consider the proposed trade of the real property has been published in a newspaper of general circulation once each week for three consecutive weeks prior to the hearing; and WHEREAS, said Notice set forth the value of the parcels of real property which were proposed to be traded; and WHEREAS, pursuant to the Notice, a public hearing was conducted before the governing body on February 7, 2023, to receive public information, input and objections concerning the trade of the real property described below. 6  NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The City of Evanston, Wyoming is hereby authorized to trade and convey to School District No. One, Uinta County, Wyoming the parcels of real property described below as "Parcel A" and “Parcel B” in return for the conveyance from School District No. One, Uinta County, Wyoming to the City of Evanston, Wyoming, those parcels of real property described below as "Parcel B" and AParcel C@, to wit: PARCEL A A tract of land in the SW ¼ of Section 21, T15N, R120W, 6TH P.M., in the City of Evanston, Uinta County, Wyoming, said tract being more particularly described as follows: COMMENCING at the Southernmost corner of Block 2 of Hatten & Dean’s First Addition to Evanston Wyoming, running thence S 43°10'00" W, 620.00 feet along the Southwesterly extension of the Northwesterly line of 4th Street to the POINT OF BEGINNING, said point of beginning the easternmost corner of the first parcel of land described in the Deed recorded in Book 265, Page 387 of the Uinta County Records; thence S 43°10'00" W, 38.69 feet along the Southeasterly line thereof; thence N 12°03'10" E, 45.19 feet to the Northeasterly line thereof; thence S 46°50'00" E, 23.35 feet along said Northeasterly line to the POINT OF BEGINNING. Said tract herein described containing 0.010 acres, more or less. PARCEL B A parcel of land located in the NW1/4 SW1/4 of Section 21, Township 15 North, Range 120 West, 6th P.M., City of Evanston, Uinta County, Wyoming, being more particularly described as follows: Commencing at the Southernmost corner of Lot 10, Block 5 of Whites Addition to the Town of Evanston, as said Addition is platted and recorded in the Office of the Uinta County Clerk, and running thence S 47°10'40" E, 10.00 feet along the Northeasterly boundary of Lombard Street to a point on the Northwesterly boundary of 6th Street, said point monumented with a 1-1/2" aluminum cap inscribed "Cloey Wall PLS 482"; thence continuing S 47°10'40" E, 70.00 feet to a point on the Southeasterly boundary of 6th Street; thence N 42°47'57" E, 520.00 feet along the Southeasterly boundary of 6th Street to the Westernmost corner of that parcel of land described by Quit Claim Deed in Book 1054 on Page 988 of the Uinta County Records (City of Evanston Parcel); thence S 47°12'03" E, 176.84 feet along the Southwesterly boundary of said City of Evanston Parcel to the POINT OF BEGINNING, said point monumented with a 5/8" x 24" steel bar with 1-1/2" aluminum cap inscribed "Fred Coles PLS 6927". thence leaving said Southwesterly boundary N 41°52'01" E, 293.83 feet to a point monumented with a 5/8" x 24" steel bar with 1-1/2" aluminum cap inscribed "Fred Coles PLS 6927"; thence N 46°36'46" W, 43.07 feet to a point monumented with a 5/8" x 24" steel bar with 1-1/2" aluminum cap inscribed "Fred Coles PLS 6927"; thence N 42°47'57" E, 3.76 feet to a point on the Northwesterly boundary of said that parcel of land described in Book 336 on Page 9 of the Uinta County Records (U.C.S.D. No. 1 Parcel); thence S 47°12'03" E, 51.00 feet along said Northwesterly boundary to a corner thereof; thence S 42°47'57" W, 96.17 feet along said Northwesterly boundary to the Northeast corner of said City of Evanston Parcel; thence S 2°50'10" E, 288.65 feet along the East boundary of said City of Evanston Parcel to the Southeast corner thereof; thence N 47°12'05" W, 209.51 feet along the Southwesterly boundary of said City of Evanston Parcel to the POINT OF BEGINNING. Said parcel containing 0.520 acres, more or less. RESERVING UNTO GRANTOR a perpetual easement for the drainage of storm water and the use of storm water facilities to wit: An easement for storm water facilities and drainage Commencing at the Southernmost corner of Lot 10, Block 5 of Whites Addition to the Town of Evanston, as said Addition is platted and recorded in the Office of the Uinta County Clerk, and running thence S 47 10'40" E, 10.00 feet along the Northeasterly boundary of Lombard Street to a point on the Northwesterly boundary of 6th Street, said point monumented with a 1-1/2" aluminum cap inscribed "Cloey Wall PLS 482"; thence continuing S 47 10'40" E, 70.00 feet to a point on the Southeasterly boundary of 6th Street; thence N 42 47'57" E, 520.00 feet along the Southeasterly boundary of 6th Street to the Westernmost corner of that parcel of land described by Quit Claim Deed in Book 1054 on Page 988 of the Uinta County Records (City of Evanston Parcel); thence S 47 12'03" E, 176.84 feet along the Southwesterly boundary of said City of Evanston Parcel, said point monumented with a 5/8" x 24" steel bar with 1-1/2" aluminum cap inscribed "Fred Coles PLS 6927"; thence leaving said Southwesterly boundary N 41 52'01" E, 16.00 feet to the POINT OF BEGINNING; 7  thence continuing N 41°52'01” E, 20.00; thence S 47°12'05” E, 20.00 feet; thence S 41°52'01” W, 20.00 feet; thence N 47°12'05” W, 20.00 feet to the POINT OF BEGINNING. Said parcel containing 400.05 square feet or 0.009 acres, more or less. PARCEL C A tract of land in the SW ¼ of Section 21, T15N, R120W, 6TH P.M., in the City of Evanston, Uinta County, Wyoming, said tract being more particularly described as follows: COMMENCING at the Southernmost corner of Block 2 of Hatten & Dean’s First Addition to Evanston Wyoming, running thence S 43°10'00" W, 658.69 feet along the Southwesterly extension of the Northwesterly line of 4th Street to the POINT OF BEGINNING, said point of beginning lying on the Southeasterly line of the first parcel of land described in the Deed recorded in Book 265, Page 387 of the Uinta County Records; thence S 12°03'10" W, 194.04 feet; thence S 43°24'32" W, 201.71 feet; thence S 7°51'55" E, 128.58 feet to the Northerly right-of-way line of Interstate Highway I-80; thence S 82°45'40" W, 312.84 feet along said right-of-way line to the Southeast corner of that tract of land described in the Quitclaim Deed recorded in Book 362, Page 120 of the Uinta County Records; thence N 43°10'00" E, 689.76 feet along the Southeasterly line thereof and said Southeasterly line of the first parcel of land described in the Deed recorded in Book 265, Page 387 of the Uinta County Records to the POINT OF BEGINNING. Said tract herein described containing 1.483 acres, more or less. Section 2: The Mayor and City Clerk are hereby authorized to sign and attest all deeds and other documents which are necessary to complete trade and conveyance of real property as set forth herein. PASSED, APPROVED AND ADOPTED this 7th day of February 2023. Kent H. Williams, Mayor Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. ORDINANCE 23-01 Council member Sellers sponsored Ordinance 23-01. Council member Lynch moved, Council member Welling seconded, to pass Ordinance 23-01 on first reading. AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING AMENDING SECTION 15-37, PETIT LARCENY, AND ADDING SECTION 15-37.1, THEFT OFSERVICES, TO THE CITY CODE TO AMEND THE TITLE AND MIRROR THE MONETARY LANGUAGE OF STATE STATUTE FOR THEFT OF SECTION 15-37 AND CODIFYTHE CRIMINAL ACT OF THEFT OF SERVICES INSECTION 15-37.1 WHEREAS, there is a need to amend Section 15-37 to the City Code to retitle it as “Theft” and mirror the monetary language of State Statute and to add 15-37.1 to the City Code to codify the criminal act of Theft of Services; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: Section 15-37 of the Evanston City Code is amended and re-enacted to provide as follows: § 15-37. Theft Whoever unlawfully steals, takes and carries, leads or drives away the property of another which has a value of one thousand dollars ($1000.00) or less is guilty of Theft. Section 2: Section 15-37.1 of the Evanston City Code is enacted to provide as follows: § 15-37.1. Theft of Services 8 A person who, with intent to defraud, obtains services which he knows are available only for compensation without paying for the services is guilty of Theft of Services if the value of the services is less than one thousand dollars ($1000.00). PASSED and APPROVED on First Reading this 7th day of February 2023. Kent H. Williams, Mayor Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Comments/Remarks Public Works Director Gordon Robinson stated that it is Water/Wastewater week. He expressed appreciation for the great job these departments do within the City. Public Participation Clarence Vranish, a longtime citizen of Evanston, gave a brief summary of the beginning of Urban Renewal. Britany Erickson a citizen of Evanston expressed her disappointment in the Council for not showing support of Council member Hegeman. Adjournment With no further business to be conducted at this time Mayor Williams adjourned the meeting at 7:13 p.m. Kent H. Williams, Mayor Diane Harris, City Clerk 9