City Council

EVANSTON CITY COUNCIL Second Regular Meeting April 18th, 2023 The official record of proceedings of the second regular meeting of the Evanston City Council for the month of April 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, David Welling, Mike Sellers and Jen Hegeman. Staff members present at the start of the meeting were: City Attorney/Prosecutor, Amanda Kirby; City Treasurer, Trudy Lym; City Clerk, Diane Harris; Police Chief, Mike Vranish; Director of Parks and Recreation, Scott Ehlers; Information Technology Coordinator, Preston Sheets; Public Works Director, Gordon Robinson; Director of Engineering and Planning, Dean Barker and Community Development Director, Rocco O’Neill. A group of interested citizens was also present. Approve Agenda Council member Welling moved, Council member Sellers seconded to approve the agenda with the following change – Remove Resolution 23-33. 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 April 11th, 2023, and the Work Session held April 11th, 2023, were approved as presented. Bills Council member Lynch moved, Council member Perkes seconded, to approve the following bills for payment: Apr 05, 2023 to Apr 18, 2023 VENDOR FOR AMOUNT AXA Equivest Payroll 338.00 Evanston Peace Officers Payroll 232.00 Hartford Payroll 248.10 IRS Tax Deposit Payroll 49,000.13 Mission Square Payroll 99.44 NCPERS Payroll 96.00 Orchard Trust Payroll 1,268.88 Wyoming Child Support Payroll 299.53 Wyoming Dept of Workforce Services Payroll 10,216.19 Wyoming Retirement Payroll 107,213.75 Payroll Payroll 153,752.43 All West Internet/Phones 2,933.43 Brownells Equipment 432.45 Caselle Support/Maintenance 2,028.00 Cazin’s Parts 608.98 CD’s Electric Services 297.05 City of Evanston Utilities 1,947.67 Curtis Blue Line Uniform 80.00 CCI Network Utilities 82.06 DBC Irrigation Supplies 3,248.13 Chemtech-Ford Laboratories Testing 1,677.00 Carahsoft Dues 5,410.00 Evanston Parks & Recreation City Subsidy/Reimbursement 152,243.81 Urban Renewal Agency Reimbursement 675.00 Evanston County Airport Contract 24,641.23 Gades Sales Services 232.56 Grainger Supplies 538.75 Harris Law Office Contract 4,000.00 Holland Equipment Parts 665.04 Jackson Group Peterbilt Parts 19.02 Kallas Automotive Parts 486.98 Rhinehart Oil Fuel 12,941.00 Andrew Moon Reimbursement 92.99 Morcon Industrial Supplies 636.20 Mountain Alarm Fire Services 1,410.00 Myers/Anderson Architects Contract 1,521.25 Real Kleen Janitorial Supplies 1,969.90 Skaggs Uniforms 2,830.05 Smith’s Food & Drug Supplies 281.81 Standard Plumbing Parts 36.41 T-7 Inc Propane 1,692.10 Tom’s HVAC Services 2,177.03 Titleist Supplies 5,837.23 Uinta County Solid Waste Landfill Fees 31,083.65 Century Link Utilities 1,380.11 The Huntington National Bank Contract 4,445.39 Rocky Mountain Power Utilities 22,418.52 Wasatch Surveying Services 3,337.00 Wyoming Waste Systems Dumpster Fees 182.05 Wheeler Machinery Parts 1,175.12 Wilson Sporting Goods Supplies 4,107.38 The Lumberyard Parts 360.09 One-Call of Wyoming Tickets 17.25 Wyoming Dept of Revenue Sales/Use Tax 117.15 JC Golf Accessories Supplies 820.08 Taylor Made Golf Supplies 249.07 Brian & Skye Lawson Reimbursement 960.00 April Miller Restitution 129.42 Rhett Groll Reimbursement 57.99 Uinta BOCES Registration 600.00 Gladiator Materials Road Salt 8,103.70 Maverik Restitution 4.79 Steve Regan Supplies 2,705.37 Wright Express Fuel 2,854.70 The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Council Comments Council member Welling recognized former Council member Ottley who was attending the meeting. He commented on how great it is to see his smiling face. Council member Sellers reminded everyone to be aware of people that may seem to be struggling. If anyone needs help the U.S. National Suicide Prevention Lifeline is 988 or text “WYO” to 741-741 for the Crisis Text Line. He also reminded everyone to shop at home and support the local businesses. Council member Hegeman stated that she enjoys being the voice for residents of the community and the voice of change. Mayor Williams also recognized Tib Ottley, a past long standing member of the Council. He commented that it is good to have him here. Consent Agenda Council member Sellers moved, Council member Welling seconded, to approve the following Consent Agenda Items: 1. Parade Route/Street Closure - requested by the VFW for the 2023 Veteran’s Awareness Ride Utah/Wyoming. The ride will enter town at Exit 3 at approximately 5:00 p.m. on Thursday, May 18th. Street closure on 9th Street between Front Street and Main Street for Bike Parking. 2. Limited Malt Beverage Permit requested by the Evanston Chamber of Commerce for the Water Lantern Festival event to be held at Bear Ponds on Saturday, August 26, 2023, from 5:00 pm to 10:00 pm. 3. Street Closure Permit requested by the Evanston Chamber of Commerce for the Water Lantern Festival event to be held at Bear Ponds on Saturday, August 26, 2023, to close the road at the overpass to the Bear Ponds from 4:00 pm to 10:00 pm. 4. Limited Malt Beverage Permit requested by the Evanston Chamber of Commerce for the Chamber Kentucky Derby Fundraiser event to be held at the Beeman Cashin Building on Saturday, May 6th, 2023, from 12:00 pm to 6:00 pm. The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Resolution 23-26 Council member Perkes moved, Council member Sellers seconded to remove from the table Resolution 23-26. The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Council member Perkes introduced Resolution 23-26. Council member Perkes moved, Council member Sellers seconded, to adopt Resolution 23-26.  RESOLUTION OF THE CITY OF EVANSTON, WYOMING ADOPTING COUNCIL RULES OF PROCEDURE AND ORDER. WHEREAS, the governing body of the City of Evanston regularly and routinely holds public meetings as required for operation of its duties and obligations; and WHEREAS, said meetings are subject to the Wyoming Open Meetings Law pursuant to Wyoming State Statutes § 16-4-401 through 16-4-408; and WHEREAS, good public relations is a matter of concern for each council member, members of the public, and the City as a whole; and WHEREAS, rules of conduct and civility during said meetings are not currently prescribed by state statute or local ordinance; and WHEREAS, these Rules would supplement the current state statutes, local ordinances, and Robert’s Rules regarding other practices of the governing body; and WHEREAS, the governing body has the ability to adopt its own rules of procedure and order as it sees fit. 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 adopting of Council Rules of Procedure and Order. PASSED, APPROVED AND ADOPTED this 18th day of April 2023. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed with 6 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers. 1 no vote: Hegeman. Resolution 23-29 Council member Lynch introduced Resolution 23-29. Council member Lynch moved, Council member Welling seconded, to adopt Resolution 23-29. RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, DEFERRING THE CONSTRUCTION AND PROVISION OF REQUIRED OFF-STREET PARKING SPACES FOR THE DEVELOPMENT OF BOARDWALK INDUSTRIES. WHEREAS, Boardwalk Industries owns property located at 70 Bear River Drive, Evanston, Wyoming, which is zoned Highway Business-Established (HB-E); and WHEREAS, Boardwalk Industries is requesting a Conditional Use Permit from the Planning and Zoning Commission to allow dwellings on the ground floor level and above the ground floor level of the premises; and WHEREAS, pursuant to Section 24-57 of the City Code, Boardwalk Industries has requested the governing body defer the construction and provision of eight percent (8%) of the off-street parking spaces required by Chapter 24 of the City Code as described in the attachment hereto; and WHEREAS, Section 24-57 of the City Code authorizes the governing body to defer the construction and provision of up to twenty percent (20%) of the off-street parking spaces required by Chapter 24 of the City Code, if the character of the use of the property lowers the anticipated need for off-street parking; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: Pursuant to Section 24-57 of the City Code, the governing body hereby defers the construction and provision of the off-street parking spaces required by Chapter 24 of the City Code as described in the attachment hereto, for ground floor level dwellings and above ground level dwellings, to be located at 70 Bear River Drive in the City of Evanston. PASSED, APPROVED AND ADOPTED this 18th day of April 2023. Kent H. Williams, Mayor  ATTEST: Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Resolution 23-30 Council member Sellers introduced Resolution 23-30. Council member Sellers moved, Council member Welling seconded, to adopt Resolution 23-30. RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, SETTING GREEN FEES AND OTHER RELATED FEES FOR THE PURPLE SAGE MUNICIPAL GOLF COURSE FOR THE 2023 GOLF SEASON. WHEREAS, the Golf Course Advisory Board has recommended that the City of Evanston set and charge the green fees and other related fees for the Purple Sage Municipal Golf Course for the 2023 golf season as set forth in the attached Recommendation; and WHEREAS, the governing body for the City of Evanston concurs with the recommendation of the Golf Course Advisory Board; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The City of Evanston shall set and charge the green fees and other related fees for the Purple Sage Municipal Golf Course for the 2023 golf season as set forth in the Golf Course Advisory Board Recommendation, which is attached hereto and incorporated herein. Section 2: The green fees and other related fees for the Purple Sage Municipal Golf Course which are set forth in the Budget Resolution are hereby officially changed and amended by the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of April 2023. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. RESOLUTION 23-31 Council member Lynch introduced Resolution 23-31. Council member Lynch moved, Council member Lind seconded, to adopt Resolution 23-31. RESOLUTION OF THE CITY OF EVANSTON, WYOMING, DESIGNATING CERTAIN PUBLIC AREAS AS EXCEPTIONS TO THE OPEN CONTAINER ORDINANCE PURSUANT TO SECTION 4-4(B) OF THE CITY CODE OF THE CITY OF EVANSTON. WHEREAS, the City’s Open Container Ordinance, Section 4-4(B), prohibits a person from consuming or carrying in an open container, alcoholic beverages in a public area, except for areas designated by the City Council for the consumption of such beverages; and WHEREAS, over the years, the governing body has adopted a number of Resolutions designating certain public areas as exceptions to the Open Container Ordinance making it permissible for a person to consume an alcoholic beverage in the designated public area; and WHEREAS, it is in the publics interest to adopt a single Resolution which sets forth all of the public areas which are to be exceptions to the Open Container Ordinance to increase efficiency and awareness in the administration and enforcement of the Open Container Ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING: Section 1: Bear River Greenway. Pursuant to Section 4-4 of the Code of the City of Evanston, Wyoming, the governing body hereby designates the Bear River Greenway from noon to 11:00 p.m. each day, excluding parking lots and playground areas, to be excepted from the provisions and enforcement of the Open Container Ordinance. Section 2: Purple Sage Municipal Course. Pursuant to Section 4-4 of the Code of the City of  Evanston, Wyoming, the governing body hereby designates the area within the boundaries of the Purple Sage Municipal Course and during the operating hours of Purple Sage Golf Course, to be excepted from the provisions and enforcement of the Open Container Ordinance, but only for alcoholic beverages that are sold and dispensed by the designated alcoholic beverage licensee for the golf course. Section 3: Evanston Rail Yard Complex. Pursuant to Section 4-4 of the Code of the City of Evanston, Wyoming, the governing body hereby designates the Evanston Rail Yard Complex from noon to 11:00 p.m. each day, excluding parking lots and the turntable, to be excepted from the provisions and enforcement of the Open Container Ordinance. The concrete courtyard area encompassing the Roundhouse and Machine Shop are not considered to be a part of the restricted area. Section 4: Overthrust Industrial Baseball/Softball Complex. Pursuant to Section 4-4 of the Code of the City of Evanston, Wyoming, the governing body hereby designates the Overthrust Industrial Baseball/Softball Complex from noon to 11:00 p.m. each day to be excepted from the provisions and enforcement of the Open Container Ordinance. Section 5: Depot Square. Pursuant to Section 4-4 of the Code of the City of Evanston, Wyoming, the governing body hereby Depot Square from noon to 11:00 p.m. each day to be excepted from the provisions and enforcement of the Open Container Ordinance for all. Section 6. Downtown Evanston. Pursuant to Section 4-4 of the Code of the City of Evanston, Wyoming, the governing body hereby designates the Evanston Downtown area, to be excepted from the provisions and enforcement of the Open Container Ordinance from noon to 11:00 p.m. each day or during the hours of operation of any Downtown licensed alcohol retailer or malt beverage permit holder. The Downtown area will encompass the area surrounded by Front Street, 7th Street, Center Street, and Harrison Boulevard, excluding any area of the surrounding streets beyond the inner sidewalk. Section 7. Public Parks. Pursuant to Section 4-4 of the Code of the City of Evanston, Wyoming, the governing body hereby designates all Public Parks, excluding any Park adjacent to an Elementary School during school hours or the following areas within those parks: parking lots, splashpads, playgrounds, sandboxes, tennis courts, baseball fields, basketball courts, or any other area dedicated at that time to the participation of team sports, to be excepted from the provisions and enforcement of the Open Container Ordinance from noon to 11:00 p.m. each day. The dugouts, sidelines, and areas dedicated to spectators are not to be considered a part of the restricted area. Section 8: No Glass Containers. No person shall use a glass container to carry or consume an alcoholic beverage in the areas designated in this Resolution as an exception to the Open Container Ordinance. Section 9: Alcohol beverages may only be consumed by those twenty-one (21) years old and older and open containers of alcohol are not permitted inside vehicles, except golf carts being operated pursuant to Section 2. Section 10: This Resolution shall replace and take precedence over all previous Resolutions adopted by the governing body for City of Evanston which designates an exception to the Open Container Ordinance pursuant to Section 4-4(B) of the Code. Section 11: Except as stated above, nothing herein shall be construed to waive or modify any other ordinance, statute, or regulation with respect to the consumption of alcoholic beverages on said premises. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING: Section 1: Bear River Greenway. Pursuant to Section 4-4 of the Code of the City of Evanston, Wyoming, the governing body hereby designates the Bear River Greenway from noon to 11:00 p.m. each day, excluding parking lots and playground areas, to be excepted from the provisions and enforcement of the Open Container Ordinance. Section 2: Purple Sage Municipal Course. Pursuant to Section 4-4 of the Code of the City of Evanston, Wyoming, the governing body hereby designates the area within the boundaries of the Purple Sage Municipal Course and during the operating hours of Purple Sage Golf Course, to be excepted from the provisions and enforcement of the Open Container Ordinance, but only for alcoholic beverages that are sold and dispensed by the designated alcoholic beverage licensee for the golf course. Section 3: Evanston Rail Yard Complex. Pursuant to Section 4-4 of the Code of the City of Evanston, Wyoming, the governing body hereby designates the Evanston Rail Yard Complex from noon to 11:00 p.m. each day, excluding parking lots and the turntable, to be excepted from the provisions and enforcement of the Open Container Ordinance. The concrete courtyard area encompassing the Roundhouse and Machine Shop are not considered to be a part of the restricted area. Section 4: Overthrust Industrial Baseball/Softball Complex. Pursuant to Section 4-4 of the Code of the City of Evanston, Wyoming, the governing body hereby designates the Overthrust Industrial Baseball/Softball Complex from noon to 11:00 p.m. each day to be excepted from the provisions and enforcement of the Open Container Ordinance. Section 5: Depot Square. Pursuant to Section 4-4 of the Code of the City of Evanston, Wyoming, the governing body hereby Depot Square from noon to 11:00 p.m. each day to be excepted from the provisions and enforcement of the Open Container Ordinance for all.  Section 6. Downtown Evanston. Pursuant to Section 4-4 of the Code of the City of Evanston, Wyoming, the governing body hereby designates the Evanston Downtown area, to be excepted from the provisions and enforcement of the Open Container Ordinance from noon to 11:00 p.m. each day or during the hours of operation of any Downtown licensed alcohol retailer or malt beverage permit holder. The Downtown area will encompass the area surrounded by Front Street, 7th Street, Center Street, and Harrison Boulevard, excluding any area of the surrounding streets beyond the inner sidewalk. Section 7. Public Parks. Pursuant to Section 4-4 of the Code of the City of Evanston, Wyoming, the governing body hereby designates all Public Parks, excluding any Park adjacent to an Elementary School during school hours or the following areas within those parks: parking lots, splashpads, playgrounds, sandboxes, tennis courts, baseball fields, basketball courts, or any other area dedicated at that time to the participation of team sports, to be excepted from the provisions and enforcement of the Open Container Ordinance from noon to 11:00 p.m. each day. The dugouts, sidelines, and areas dedicated to spectators are not to be considered a part of the restricted area. Section 8: No Glass Containers. No person shall use a glass container to carry or consume an alcoholic beverage in the areas designated in this Resolution as an exception to the Open Container Ordinance. Section 9: Alcohol beverages may only be consumed by those twenty-one (21) years old and older and open containers of alcohol are not permitted inside vehicles, except golf carts being operated pursuant to Section 2. Section 10: This Resolution shall replace and take precedence over all previous Resolutions adopted by the governing body for City of Evanston which designates an exception to the Open Container Ordinance pursuant to Section 4-4(B) of the Code. Section 11: Except as stated above, nothing herein shall be construed to waive or modify any other ordinance, statute, or regulation with respect to the consumption of alcoholic beverages on said premises. PASSED, APPROVED AND ADOPTED this 18th day of April 2023. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. RESOLUTION 23-32 Council member Welling introduced Resolution 23-32. Council member Welling moved, Council member Lind seconded, to adopt Resolution 23-32. RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING THE EXECUTION OF THE EMPLOYERS PLAN SELECTION AND NOTICE AND ACKNOWLEDGMENT REQUIRED BY WYOMING EDUCATORS BENEFIT TRUST, (WEBT) TO CONTINUE THE CITY=S MEDICAL PLAN FOR CITY EMPLOYEES. WHEREAS, the City of Evanston desires to continue providing a medical plan for its employees by executing the attached Employer Plan Selection and Notice and Acknowledgment with WEBT; 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 on behalf of the City of Evanston the attached Employer Plan Selection and Notice and Acknowledgment with WEBT to continue providing a medical plan for its employees. PASSED, APPROVED AND ADOPTED this 18th day of April 2023. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman.  Lawful Discharge of Fireworks Council member Sellers moved, Council member Welling seconded, to approve the number of days and hours for the lawful discharge of fireworks for Monday, July 3rd, and Tuesday, July 4th, 2023 for the hours 5:00 pm to midnight. The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Adjournment With no further business to be conducted at this time Mayor Williams adjourned the meeting at 5:57 p.m. Kent H. Williams, Mayor Diane Harris, City Clerk