City Council

EVANSTON CITY COUNCIL First Regular Meeting July 5th, 2023 The official record of proceedings of the first regular meeting of the Evanston City Council for the month of July 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 Clerk, Diane Harris; Information Technology Coordinator, Preston Sheets; Public Works Director, Gordon Robinson; City Treasurer, Trudy Lym; Police Chief, Mike Vranish; Director of Parks and Recreation, Kim Larson; Lieutenant, Ken Pearson and Senior Planner, DuWayne Jacobsen. Director of Engineering and Planning, Dean Barker and Community Development Director, Rocco O’Neill were excused. A group of interested citizens was also present. Approve Agenda Council member Welling moved; Council member Perkes 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 June 20th, 2023, and a Special City Council Meeting held June 27th, 2023, were approved as presented. Bills Council member Sellers moved, Council member Lynch seconded, to approve the following bills for payment: June 28, 2023 to July 05, 2023 VENDOR FOR AMOUNT AXA Equivest Payroll 338.00 Evanston Peace Officers Payroll 232.00 Flexshare Payroll 3,283.41 IRS Tax Deposit Payroll 47,510.42 Mission Square Payroll 99.44 Orchard Trust Payroll 1,268.88 Parks & Recreation Payroll 225.00 Wyoming Child Support Payroll 299.53 Wyoming Dept of Workforce Services Payroll 7,005.35 Wyoming Retirement Payroll 72,168.85 Payroll Payroll 150,610.85 All West Utilities 2,897.60 ALSCO Laundry Services 100.62 Cazin’s Parts 13.49 CD’s Electric Services 156.00 Century Link Utilities 105.64 Chemtech-Ford Laboratories Testing 378.40 City Employees Reimbursement 200.00 Cleveland Golf Supplies 6,133.37 Creative Ink Images Supplies 1,876.00 Deru’s Services 5,971.44 Evanston Parks & Recreation City Subsidy 139,910.71 First Bank Visa 27,872.07 Freeway Tire Tires 95.99 Gateway Mapping Contract 2,770.00 Hach Equipment 7,388.00 Lewis and Lewis Contract 223,429.78 Mountain Alarm Fire Services 480.00 Office Products Dealer Supplies 173.80 Real Kleen Janitorial Supplies 570.25 Rocky Mountain Power Utilities 8,589.77 Shred-It USA Services 209.76 Sigma-Aldrich Supplies 89.50 Standard Plumbing Parts 159.72 The Bugnappers Services 1,531.00 The Lumberyard Supplies 765.50 Titleist Supplies 2,712.83 XCell Engineering Contract 2,843.00 Porter’s City Fireworks 10,000.00 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 May 2023. The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Council Comments Several members of the Council expressed appreciation to the Parks and Recreation Department for the Fresh Air, Freedom, and Fun Festival celebration at Bear Meadows for July 4th. They also thanked Public Works for cleaning up fireworks areas and Porter’s for the great fireworks display. Council member Lind reminded everyone about the Golf Tournament Fund Raiser for the Youth Club. Council member Hegeman commented that her son was stateside for the holiday. She also reminded everyone to support the businesses on Lincoln Highway. She commented that they will be struggling due to the cancellation of the Rodeo Series this summer. Oath of Office Mayor Williams conducted an Oath of Office for Ramon Medina Olan to fill the position of Police Officer for the Evanston Police Department. Public Hearing/Liquor License City Attorney Amanda Kirby conducted a public hearing to receive public comment regarding an application for a transfer of ownership of a Resort Liquor License from Lynch Consulting & Investments, LLC dba: Knights Inn to 339 Wasatch LLC, dba: Affordable Inns & Restaurant located at 339 Wasatch Road. Transfer of Retail Liquor License Council member Lynch moved, Council member Sellers seconded, to table the transfer of ownership of a of a Resort Liquor License from Lynch Consulting & Investments, LLC dba: Knights Inn to 339 Wasatch LLC, dba: Affordable Inns & Restaurant located at 339 Wasatch Road to August 15th, 2023. The motion passed unanimously with 4 yes votes: Lynch, Lind, Sellers, Hegeman. 3 no votes: Williams, Perkes, Welling. Consent Agenda Council member Perkes moved, Council member Welling seconded, to approve the following Consent Agenda Items: Parade Route requested by Troy Huebner of Zone Five Racing for a Bike Race on Saturday, July 29th, 2023 arriving at approximately 10:30 am from Hwy 150, turning left on Southridge, right onto Saddle Ridge, right onto City View, left onto Cheyenne, left onto Yellow Creek Rd, and proceeding out of Evanston City limits onto County Road 151 bound for Utah via the Chalk Creek Road. Limited Malt Beverage Permit requested by Julie O’Connell of the Evanston Urban Renewal Agency for the Annual Brewfest fundraiser event in Depot Square/Front Street on Saturday for the following date and times: Saturday, July 15, 2023, from 1:00 pm to 5:00 pm. The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. ORDINANCE 23-03 Council member Welling moved, Council member Sellers seconded, to pass Ordinance 23-03 on third and final reading. AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING NAMING AN UNNAMED ROADWAY LOCATED ON CITY PROPERTY AS DESCRIBED AND SET FORTH ON THE MAP ATTACHED HERETO. WHEREAS, the governing body of the City of Evanston has determined that it is in the public=s interest to name an unnamed roadway located on City property that takes access off of Yellow Creek Road south of Lombard Street/Yellow Creek Road intersection as indicated on the map which is attached hereto; and WHEREAS, the Ruiz family are the property owners of record who are primarily affected by the unnamed roadway and there have been no objections made by adjacent landowners, fire and emergency services, or the United States Postal Service; and WHEREAS, the governing body of the City of Evanston has also determined that it is in the public=s interest to name the unnamed roadway Providence Way as requested by the Ruiz family; and NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The name of the unnamed roadway located on City property that takes access of Yellow Creek south of the Lombard Street/Yellow Creek Road intersection shall be Providence Way as indicated and shown on the map which is attached hereto. Section 2: The Mayor, City Clerk, and City Engineer are hereby authorized to undertake all actions necessary to officially name said street as set forth herein. PASSED and APPROVED on Third and Final Reading this 5th day of July 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 23-04 AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING AMENDING SECTION 12-2, CERTAIN PROVISIONS OF UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, TO THE CITY CODE TO AMEND THE INCLUDED STATUTORY PROVISIONS FOR CLARIFICATION AND TO AVOID DUPLICATION. WHEREAS, there is a need to amend Section 12-2 to the City Code to amend the included statutory provisions for clarification and to avoid duplication of potential traffic violations within the city. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: Section 12-2 of the Evanston City Code is amended and re-enacted to provide as follows: § 12-2(A). Certain provisions of Uniform Act Regulating Traffic on Highways adopted; where copies filed; amendments to adopted material. Wyoming Statutes, 1977, sections 31-5-103, 31-5-116, 31-5-117, 31-5-211, 31-5-216, 31-5-225, 31-5-401, 31-5-506, 31-5-901, 31-5-910 through 31-5-939, 31-5-950 through 31-5-960, 31-5-970, 31-18-801 through 31-18-803, 31-5-1101 through 31-5-1112, 31-5-1201 through 31-5-1214, 31-5-1301 through 31-5- 1305 are hereby adopted by reference and incorporated into this section as fully as if completely set out herein. One copy of such provisions shall be kept on file in the office of the City clerk, where it shall be available for inspection by the public during the normal office hours of the City clerk. PASSED and APPROVED on Third and Final Reading this 5th day of July 2023. Kent H. Williams, Mayor Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Authorize Sale Councilmember Welling moved, Councilmember Lynch seconded, to authorize the sale of a handgun to retiring Police Officer Brandon Nelson for the price of $667.00. The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Transfer of Surplus Equipment Councilmember Perkes moved, Councilmember Lind seconded, to accept Evanston Police Department’s transfer of Surplus Equipment to the Uinta County Sheriff’s Office. The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Resolution 23-50 Council member Sellers introduced Resolution 23-50. Council member Sellers moved, Council member Lynch seconded, to adopt Resolution 23-50. A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE REQUEST OF ADDITIONAL FUNDS WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE, NATURAL RESOURCES CONSERVATION SERVICE, (NRCS), FOR THE BEAR RIVER AND YELLOW CREEK WATERSHED PROJECT. WHEREAS, there are funds available from NRCS which could be used by the City to environmentally assess, plan and design improvements for the Bear River and Yellow Creek watershed which impact the City of Evanston; and WHEREAS, the City has already entered into a Notice of Grant and Agreement Award to receive the grant funds; and WHEREAS, the City has been noticed that based on recent coordination with the Natural Resource Conservation Service (NRCS) and U.S. Army Corps of Engineers (USACE) that some irrigation canals and laterals involved in this project would invoke mitigation efforts required by the Navigable Waters Rule; and WHEREAS, it will be necessary to expend additional funds to perform required mitigation efforts which the City intends to request in coordination with the original project agreement award. NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, Wyoming as follows: Section 1. The Mayor and City Clerk are authorized to sign and attest on behalf of the City the attached Letter to request additional funds for the Bear River and Yellow Creek Watershed Project. PASSED, APPROVED AND ADOPTED this 5th day of July 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 23-51 Council member Lynch introduced Resolution 23-51. Council member Lynch moved, Council member Welling seconded, to adopt Resolution 23-51. RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING THE EXECUTION OF A MUTUAL AID AGREEMENT BETWEEN THE EVANSTON POLICE DEPARTMENT AND SUMMIT COUNTY SHERIFF’S OFFICE WHEREAS, the Evanston Police Department and Summit County Sheriff’s Office desire to entire in to a Mutual Aid Agreement (the “Agreement”) for law enforcement assistance pursuant to Wyo. Stat. § 7-3-901 et. seq. and Utah Code Title 11-13-101 et. seq.; and WHEREAS, the purpose of the Agreement is to establish the terms an conditions under which a Wyoming law enforcement agency and an agency from an adjoining State, namely Utah, may render assistance one to the other in the provision of law enforcement services. WHEREAS, the governing body for the City of Evanston has determined that it is in the public=s interest to enter into the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The City of Evanston, Wyoming hereby approves and authorizes the execution of the Mutual Aid Agreement between Evanston Police Department and Summit County Sheriff’s Office, a copy of which is attached hereto. Section 2: The Mayor and Chief of Police are authorized to sign the Agreement on behalf of the City of Evanston, Wyoming. PASSED, APPROVED AND ADOPTED this 5th day of July 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 23-52 Council member Sellers introduced Resolution 23-52. Council member Sellers moved, Council member Perkes seconded, to adopt Resolution 23-52. RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH KILGORE COMPANIES, LLC DBA LEWIS AND LEWIS, INC. FOR THE COMPLETION OF ALL WORK REQUIRED FOR THE 2023 STREET OVERLAY PROJECT. WHEREAS, the City of Evanston has a need to maintain its streets; and WHEREAS, Kilgore Companies, LLC dba Lewis and Lewis, Inc. (“Kilgore”) submitted the low bid for the 2023 Street Overlay Project; and WHEREAS, the City of Evanston and Kilgore are prepared to enter into an agreement whereby Kilgore will provide all materials and labor specified in the plans and specifications and the proposal documents for the 2023 Street Overlay Project in Evanston, Wyoming; and 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, as Owner, and Kilgore Companies, LLC Dba Lewis and Lewis, Inc., as Contractor, a copy of which is attached, for completion of all work necessary for the 2023 Street Overlay Project in Evanston, Wyoming. PASSED, APPROVED AND ADOPTED this 5th day of July 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 23-53 Council member Sellers introduced Resolution 23-53. Council member Sellers moved, Council member Welling seconded, to adopt Resolution 23-53. RESOLUTION DECLARING THE INTENTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, TO ANNEX THE A PARCEL OF LAND LOCATED WITHIN THE SE 3 NE 3 OF SECTION 19, T15N, R120W, 6TH P.M., UINTA COUNTY, WYOMING, AS MORE PARTICULARLY DESCRIBED HEREIN AND HOLD A PUBLIC HEARING. WHEREAS, the City of Evanston has received a Petition, which is attached hereto, from GTR Property Holdings, LLC (“GTR”), a Utah limited liability company, to annex the real property more particularly described below; and WHEREAS, the City Clerk has determined that the Petition substantially complies with Article 4 of Title 15 of the Wyoming Statutes; and WHEREAS, the governing body of the City of Evanston deems it in the public interest to initiate the procedure to consider the annexation of said property. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: It is hereby declared to be the intention of the governing body of the City of Evanston, Wyoming, to annex the property, as requested by GTR, which is more particularly described as follows, to-wit: A tract of land in the NE 3 NE 3 of Section 34, T15N, R120W, 6TH P.M., Uinta County, Wyoming, said tract being more particularly described as follows: A TRACT OF LAND LOCATED IN PART OF THE SE I/4 NE I/4 OF SECTION 19, T15N, RI20W OF THE 6TH P.M., UINTA COUNTY, WYOMING, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19, AND RUNNING THENCE S 0°00’00” E, ALONG THE EAST LINE OF SAID SECTION, 2193.93 FEET; THENCE S 90°00'00" W, I 054.23 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE NORTHEAST CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S 12°57'22" E, 358.05 FEET TO A POINT LOCATED ON THE NORTHERLY RIGHT-OF- WAY LINE OF OLD HIGHWAY US 30S, SAID POINT ALSO BEING ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 2331.48 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 184.58 FEET THROUGH A CENTRAL ANGLE OF 4°32'10", THE LONG CHORD OF WHICH BEARS S 79°06'05" W, 184.53 FEET; THENCE CONTINUING S 76°50'00” W ALONG SAID HIGHWAY RIGHT-OF- ,WAY, 14.60 FEET; THENCE LEAVING SAID HIGHWAY RIGHT-OF-WAY, N 12°58'30" W, 353.76 FEET; THENCE N 77°42'00" E, 199.14 FEET TO THE POINT OF BEGINNING. The property is a 1.620 acre parcel and is shown on the attached map. Section 2: The governing body of the City of Evanston will hold a public hearing to determine if the Annexation complies with W.S. 15-1-402 on the 15th the day of August, 2023, at 5:30 o'clock p.m., at the City Council Chambers Room, in the Evanston City Hall located at 1200 Main Street, Evanston, Wyoming. Section 3: The City Clerk will forthwith publish notice in the manner and in the time provided by law of the intention of the governing body of the City of Evanston, Wyoming, to annex said property. PASSED, APPROVED AND ADOPTED this 5th day of July 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 23-54 Council member Welling introduced Resolution 23-54. Council member Welling moved, Council member Perkes seconded, to adopt Resolution 23-54. RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM PORTER, MUIRHEAD, CORNIA & HOWARD TO PROVIDE THE CITY AUDIT SERVICES FOR THE YEAR ENDING ON JUNE 30, 2023. WHEREAS, it is necessary for the City of Evanston to obtain an financial audit each and every year; WHEREAS, Porter, Muirhead, Cornia & Howard has submitted a proposal to the City of Evanston to perform the financial audit for the year ending on June 30, 2023; WHEREAS, the governing body has determined that acceptance of the proposal is in the public=s interest; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The proposal from Muirhead, Cornia & Howard to perform the financial audit for the City of Evanston for the year ending on June 30, 2023 is hereby accepted. Section 2: The Mayor and City Clerk are hereby authorized to sign and attest all documents necessary to accept the proposal from Porter, Muirhead, Cornia & Howard, a copy of which is attached hereto, to provide the audit services. PASSED, APPROVED AND ADOPTED this 5th day of July 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. Adjournment With no further business to be conducted at this time Mayor Williams adjourned the meeting at 6:31 p.m. Kent H. Williams, Mayor Diane Harris, City Clerk