City Council

EVANSTON CITY COUNCIL Second Regular Meeting February 21st, 2023 The official record of proceedings of the second 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. Mayor Williams 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, Mike Sellers and Jen Hegeman. David Welling was excused. 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; Information Technology Coordinator, Preston Sheets; Public Works Director, Gordon Robinson; Police Lieutenant, Ken Pearson and Senior Planner, DuWayne Jacobsen. A group of interested citizens was also present. Approve Agenda Council member Sellers moved, Council member Lynch seconded to approve the agenda. The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Sellers, Hegeman. Approve Minutes The official record of proceedings for the City Council Meeting held February 7th, 2023, and the Work Session held February 14th, 2023, were approved as presented. Bills Council member Lynch moved, Council member Lind seconded, to approve the following bills for payment: Feb 08, 2023 to Feb 21, 2023 VENDOR FOR AMOUNT AXA Equivest Payroll 338.00 Beneficial Life Payroll 293.34 Delta Dental Payroll 9,306.35 Evanston Peace Officers Payroll 232.00 Flex Share Payroll 3,280.46 Hartford Payroll 248.10 IRS Tax Deposit Payroll 47,238.76 Mission Square Payroll 99.44 NCPERS Payroll 96.00 Orchard Trust Payroll 1,093.88 Parks & Recreation Payroll 318.75 WEBT Payroll 191,562.71 Wyoming Child Support Payroll 264.92 Wyoming Dept of Workforce Services Payroll 6,909.68 Wyoming Retirement System Payroll 72,730.04 Payroll Payroll 145,164.96 Adidas Supplies 145.30 Bear River Vet Supplies 349.00 Brownells Equipment 687.57 Calibration Tech Services 457.00 Caselle Support/Maintenance 2,028.00 Yeti Parts 1,097.00 Cazin’s Parts 1,467.04 CD’s Electric Services 542.19 CCI Network Utilities 82.91 Cook Brothers Broadcasting Ads 231.00 Deru’s Parts 81.58 Chemtech-Ford Laboratories Testing 389.10 Evanston Parks & Recreation City Subsidy 107,895.83 Fastenal Parts 182.70 Forsgren Associates Contract 160.00 Randy George Reimbursement 180.00 Murdochs Supplies 621.80 Hach Supplies 350.22 Harris Law Office Contract 4,000.00 Reladyne Oil 7,485.45 Ferguson Waterworks Parts 1,134.82 Kallas Automotive Parts 2,682.69 Rhinehart Fuel 19,482.76 Joe’s Modern Cleaners Laundry Services 230.45 Morcon Industrial Parts 4,043.22 Mountain Business West Solutions Service Agreement 176.68 Dominion Energy Utilities 25,207.52 Mountain Alarm Fire Services 288.75 Quadient Contract 3,039.87 Olson Janitorial Services 400.00 Pine Top Engineering Services 739.98 Quality Engraving & Locksmith Services 30.00 Real Kleen Janitorial Supplies 570.75 SCI Contract 242,086.12 Simple View Contract 6,750.00 Skaggs Uniform 3,075.88 Straight Jacket Armory Services 399.00 T-7 Inc Propane 1,314.44 Tom’s HVAC Services 3,010.70 Traffic Logix Corporation Software 12,900.00 Turf Equipment & Irrigation Parts 4,177.40 Two Guys Flooring Services 16,460.00 Uinta County Herald Ads/Public Notices 789.15 Uinta County Solid Waste Landfill fees 22,653.12 Century Link Utilities 1,442.72 Rocky Mountain Power Utilities 21,281.16 Wyoming Waste Systems Dumpster Fees 184.71 Xylem Water Solutions Parts 39,436.40 Westar Printing Supplies 2,928.75 Wheeler Machinery Parts 4,500.24 Willow Creek Salt Company Salt 5,007.80 The Lumberyard Parts 322.58 One-Call of Wyoming Tickets 60.25 Heartland Kubota Parts 933.27 Dana Kepner Parts 7,390.67 Wyoming Dept of Transportation Contract 243.24 USA Blue Book Supplies 86.30 Wasatch Concrete Solutions Services 27,000.00 Carson Hawkins Refund 100.00 Ryan or Cristina Smout Refund 100.00 Susan LaFrance Refund 100.00 The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Sellers, Hegeman. Council Comments Council member Lind mentioned that he had had citizens contact him about feeding the deer in town. He presented a short video on why people should not feed the deer. He does not think there should be and ordinance to govern that, but people need to be educated. Council member Perkes reported that it was good to see the work being done on the bleachers at the Uinta County Fair Grounds. Council member Sellers mentioned that he has also had calls about the deer in town. He wished the Evanston Wrestling Team good luck. He 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 asked everyone to remember our troops that are in harm’s way. She mentioned that she has a son in the service. Consent Agenda Council member Perkes moved, Council member Lynch seconded, to approve the following Consent Agenda Item: Limited Malt Beverage Permit requested by Eric Pasenelli of Arts Inc. for the Celtic Festival at the Roundhouse and Machine Shop for the following dates and times: Friday, March 24th, 2023 3:00 pm to 11:00 pm Saturday, March 25th, 2023 10:00 am to 11:00 pm Council member Sellers abstained from voting. The motion passed unanimously with 5 yes votes: Williams, Lynch, Lind, Perkes, Sellers, Hegeman. Council member Sellers moved, Council member Lind seconded, to approve the following Consent Agenda Item: Limited Malt Beverage Permit requested by Kim Larson, Recreation Manager of Evanston Parks and Recreation Department for the Fresh Air, Freedom and Fun Festival at Bear Meadows for the following dates and times: Tuesday, July 4th, 2023 11:00 am to 4:00 pm The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Sellers, Hegeman. ORDINANCE 23-01 Council member Sellers moved, Council member Lynch seconded, to pass Ordinance 23-01 on second 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 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 Second Reading this 21st day of February 2023. Kent H. Williams, Mayor Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Sellers, Hegeman. Resolution 23-09 TABLED RESOLUTION 23-01 was not removed from the table by the City Council, which results in the Resolution dying. Resolution 23-15 Council member Sellers introduced Resolution 23-15. Council member Sellers moved, Council member Perkes seconded, to adopt Resolution 23-15. RESOLUTION AUTHORIZING THE CITY OF EVANSTON, WYOMING TO ENTER INTO A SCADA SERVICE AGREEMENT RENEWAL 2023 WITH WETCO, INC. TO PROVIDE MAINTENANCE SERVICES FOR THE SCADA SYSTEM IN THE WASTEWATER TREATMENT PLANT AND WATER TREATMENT PLANT. WHEREAS, the City has need to provide maintenance services to the SCADA System of the waste water treatment plant and water treatment plant; and WHEREAS, WETCO, INC. is able to provide such services pursuant to the attached SCADA Service Agreement Renewal 2023;  NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The Mayor is hereby authorized to sign, and the City Clerk is hereby authorized to attest, on behalf of the City, the attached SCADA Service Agreement Renewal 2023 with WETCO, Inc. to provide maintenance services for the SCADA System in the wastewater treatment plant and water treatment plant. PASSED, APPROVED AND ADOPTED this 21st day of February 2023. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Sellers, Hegeman. Resolution 23-16 Council member Lind introduced Resolution 23-16. Council member Lind moved, Council member Lynch seconded, to adopt Resolution 23-16. RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, OFFICIALLY DESIGNATING UINTA BANK, WELLS FARGO, 1ST BANK EVANSTON AND BANK OF THE WEST AS A DEPOSITORY FOR MONIES OF THE CITY. WHEREAS, Wyoming Statute § 9-4-817 requires the deposit of municipal funds in banks, to be fully insured by the Federal Deposit Insurance Corporation or otherwise secured by a pledge of collateral or surety bond; and WHEREAS, Wyoming Statute § 9-4-817 also requires the governing body of a City to officially designate any bank which may hold city funds as an approved depository; and WHEREAS, pursuant to the statute there is a need for the governing body of the City of Evanston to designate its depositories of funds for the City of Evanston; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: Uinta Bank, Wells Fargo, 1st Bank Evanston and Bank of the West are hereby officially designated and approved as a depository for funds of the City of Evanston, Wyoming. PASSED, APPROVED AND ADOPTED this 21st day of February 2023. Kent H. Williams, Mayor Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Sellers, Hegeman. Financial Disclosure Statements Councilmember Lynch moved, Councilmember Perkes seconded, to accept Financial Disclosure Statements from the Mayor, City Council members, City Clerk and City Treasurer. The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Sellers, Hegeman. Resolution 23-17 Council member Lynch introduced Resolution 23-17. Council member Lynch moved, Council member Lind seconded, to adopt Resolution 23-17. 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 MITSUBISHI CHEMICAL GROUP WHEREAS, the City has previously conveyed a First Right of Refusal to Mitsubishi Chemical Group (“MCG”) (formerly SGL Carbon Fibers, LLC), for real property which is situated adjacent to the existing manufacturing plant; and WHEREAS, the Right of First Refusal was granted to encourage MCG to expand its manufacturing operation; WHEREAS, said First Right of Refusal has expired and MCCF has requested the City extend the First Right of Refusal for another five years; 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 Mitsubishi Chemical Group, for the real property more particularly described as: A tract of land in the W 2 SW 3 of Section 17, T15N, R120W, 6TH P.M., in the City of Evanston, Uinta County, Wyoming, said tract being more particularly described as follows: COMMENCING at the Southwest corner of said Section 17, running thence N 005'18" E, 1180.28 feet along the West line thereof; thence S 8954'42" E, 739.31 feet to the POINT OF BEGINNING, said point of beginning being the Southeast corner of that tract of land described in the Warranty Deed recorded in Book 679, Page 243 of the Uinta County Records; thence N 056'53" E, 731.54 feet along the East line thereof; thence S 4500'00" E, 310.00 feet; thence S 053'37" E, 872.44 feet; thence N 8901'41" W, 179.45 feet; thence N 1023'37" W, 363.01 feet to the POINT OF BEGINNING. Said tract containing 5.000 acres, more or less. PASSED, APPROVED AND ADOPTED this 21st day of February 2023. Kent H. Williams, Mayor Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Sellers, Hegeman. Resolution 23-18 Council member Sellers introduced Resolution 23-18. Council member Sellers moved, Council member Lynch seconded, to adopt Resolution 23-18. A RESOLUTION APPROVING AND AUTHORIZING THE FINAL PLAT FOR THE YELLOW CREEK ADDITION, A SUBDIVISION WITHIN THE CITY OF EVANSTON, WYOMING AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Wardell Brothers Properties, LLC, a Utah Limited Liability Company, (the ASubdivider@), has made application to the governing body of the City of Evanston, Wyoming for approval and authorization of the proposed subdivision entitled the Yellow Creek 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 Yellow Creek Addition is hereby approved, accepted and authorized and described in particularity as follows, to-wit: “Yellow Creek Addition”, as it appears on this plat, is a subdivision of all of Lots 22 through 27, Block 9, of The Ranch at Evanston, Phase No. 1, in the City of Evanston, Uinta County, Wyoming, said Lots 22 through 27 combined being more particularly described as follows: BEGINNING at the Southeast corner of said Lot 27, running thence N 89°59'34" W, 420.00 feet along the South lines of said Lots 22 through 27 to the Southwest corner of said Lot 22; thence N 0°00'26" E, 100.00 feet along the West line of said Lot 22 to the Northwest corner thereof; thence S 89°59'34" E, 420.00 feet along the North lines of said Lots 22 through 27 to the Northeast corner of said Lot 27; thence S 0°00'26" W, 100.00 feet along the East line thereof to the POINT OF BEGINNING. Said “Yellow Creek Addition” containing 0.964 acres, more or less. And further, that the staking thereof into a Lots, a Block, and Easements, as appear on this plat, is with the free consent and according to the desires of Wardell Brothers Properties LLC; that Wardell Brothers Properties LLC does hereby certify that they are the owners in fee simple thereof; that the foregoing is a correct plat of said “Yellow Creek Addition” as surveyed into a Lots, a Block, and Easements, that the dimensions are correctly shown on this plat by figures representing feet and hundredths of a foot, and that said Lots 22 through 27, Block 9, of The Ranch at Evanston, Phase 1 are hereby vacated and the Uinta County Clerk is requested to write “VACATED” across said Lots 22 through 27 on the official plat of The Ranch at Evanston, Phase 1. The dedication is made subject to any existing easements and rights-of-way or mineral or mining reservations of record. 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 21st day of February 2023. Kent H. Williams, Mayor Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Sellers, Hegeman. ORDINANCE 23-02 Council member Perkes sponsored Ordinance 23-02. Council member Sellers moved, Council member Lind seconded, to pass Ordinance 23-02 on first reading. AN ORDINANCE APPROVING AND AUTHORIZING A ZONE CHANGE FROM PROPERTY IN THE CITY OF EVANSTON, WYOMING FROM COMMUNITY BUSINESS DEVELOPING TO BUSINESS/LIGHT MANUFACTURING-REDEVELOPMENT, AS REQUESTED BY JAYGEE BROS AND OF THE LAND MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Jaygee Bros. filed an application with the Planning and Zoning Commission of the City of Evanston, Wyoming to change the zoning of the property described below from a Community Business Developing Zone to a Business/light Manufacturing-Redevelopment Zone; and WHEREAS, Jaygee Bros. and All West Communications, the owners of the property, have petitioned or consented to the proposed zone change; and WHEREAS, the Planning and Zoning Commission scheduled a public hearing to consider said application on February 6, 2023; and WHEREAS, notice of the public hearing and application was published in a newspaper of general circulation and notices of the hearing were mailed to affected landowners pursuant to City Ordinance; and WHEREAS, the public hearing was held on February 6, 2023, by the Planning and Zoning Commission to consider the application for the proposed zone change; and WHEREAS, after receiving testimony and evidence from the applicant, affected landowners and the public at large, the Planning and Zoning Commission voted to recommend to the governing body that it approve the zone change. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, THAT: Section 1. The request of Jaygee Bros. to change the zoning of the property described below, from a Community Business Developing Zone to a Business/light Manufacturing-redevelopment Zone is hereby approved and authorized. Said real property being more particularly described as follows: A tract of land in the SW 3 of Section 20, T15N, R120W, 6TH P.M., in the City of Evanston, Uinta County, Wyoming, said tract being more particularly described as follows: BEGINNING at a point on the East line of said SW 3 (North-South centerline of said Section 20) said point of beginning lying N 0°05'49" W, 1093.06 feet from the South one-quarter corner of said Section 20, said point of beginning also lying on the North Line of the West Cheyenne Drive Addition to the City of Evanston, said point of beginning also lying on a curve concave to the South, from which the radius point bears S 15°41'01" W, 1028.34 feet; thence Westerly 136.75 feet along said North line and the arc of said curve, through a central angle of 7°37=09@, the long chord of which bears N 78°07'34" W, 136.65 feet; thence N 81°56'08" W, 595.72 feet along said North line to the Point of Curvature of a curve concave to the South and having a radius of 822.06 feet; thence Westerly 197.62 feet along said North line and the arc of said curve, through a central angle of 13°46=25@, the long chord of which bears N 88°49'21" W, 197.14 feet; thence N 5°38'40" W, 625.29 feet to a point on the Southerly right-of-way line of Interstate Highway No. I-80, said point lying on a curve concave to the South, from which the radius point bears S 1°18'28" W, 1659.86 feet; thence Easterly 931.53 feet along said Southerly right-of-way line and the arc of said curve, through a central angle of 32°09=18@, the long chord of which bears S 72°36'53" E, 919.35 feet, to a standard WY DOT monument; thence S 56°26'04" E, 124.97 feet along said Southerly right-of-way line to a point on said East line of the SW 3 of Section 20, said point being monumented with a standard WyDOT monument; thence S 0°05'49" E, 394.20 feet along said East line to the POINT OF BEGINNING. Said tract containing 11.913 acres, more or less. Section 2. The City of Evanston is hereby authorized and directed to take all action necessary to implement said zone change. PASSED and APPROVED on First Reading this 21st day of February 2023. Kent H. Williams, Mayor Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Sellers, Hegeman. Comments/Remarks Community Development Director, Rocco O’Neill reported that Jump Start is in full swing with about 35 people attending every week. 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 Diane Harris, City Clerk