City Council

EVANSTON CITY COUNCIL First Regular Meeting September 5th, 2023 The official record of proceedings of the first 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. 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, Mark Harris; City Treasurer, Trudy Lym; City Clerk, Diane Harris; Public Works Director, Gordon Robinson; Director of Parks and Recreation, Kim Larson; Director of Engineering and Planning, Dean Barker; Senior Planner, DuWayne Jacobsen and Police Chief, Mike Vranish. Community Development Director, Rocco O’Neil was excused. 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 August 15th, 2023 was approved as presented. Bills Council member Lynch moved, Council member Lind seconded, to approve the following bills for payment: Aug 16, 2023 to Sept 05, 2023 VENDOR FOR AMOUNT AXA Equivest Payroll 338.00 Beneficial Life Payroll 293.34 Delta Dental Payroll 8,565.60 Evanston Peace Officers Payroll 232.00 Flexshare Payroll 3,135.85 Hartford Payroll 300.10 IRS Tax Deposit Payroll 49,871.48 Mission Square Payroll 99.44 NCPERS Payroll 96.00 Orchard Trust Payroll 1,268.88 Parks & Recreation Payroll 218.75 Uinta County Court Payroll 80.10 WEBT Payroll 202,404.02 Wyoming Child Support Payroll 264.92 Wyoming Dept of Workforce Services Payroll 8,178.10 Wyoming Retirement Systems Payroll 74,273.21 Payroll Payroll 155,550.06 AAA Spring Specialists Parts 723.26 Action Compaction Equipment Parts 7,034.08 Adidas America Supplies 187.49 Alsco Laundry Services 515.76 Amanda R. Kirby Services 1,462.50 Artistic Sign Design Supplies 2,994.00 AT & T Cell Phones/Internet 2,274.77 Best Kind Embroidery Services 244.30 Bridgestone Golf Supplies 432.32 Brownells Supplies 815.98 Calibration Tech & Supply Services 50.00 Carl Gerrard Reimbursement 389.00 Caselle Registration 1,980.00 CD’s Electric Services 7,886.09 Century Link Utilities 162.74 Chemtech-Ford Laboratories Testing 232.00 Cemetery Refunds Refund 525.00 City Employees Reimbursements 443.22 City of Evanston Utilities 40.48 Civic Plus Contract 4,749.66 Cleveland Golf Supplies 5,244.08 Conwest Services 100,186.86 Court Bonds Refunds 4,050.00 Denver Industrial Pumps Parts 5,777.79 Deru’s Glass Services 1,337.70 Dominion Energy Utilities 6,145.31 E. Dean Stout Contract 4,000.00 Education & Training Services Registration 499.00 Eisinger-Smith Supplies 200.14 Ellingfords Supplies 88.80 Empire Turf Supplies 1,390.00 Energy Laboratories Testing 2,291.00 Eptura Software 2,891.94 Scott Evans Equipment 2,500.00 Esmerelda Vasquez Services 100.00 Evanston Parks & Recreation City Subsidy/Reimbursement 214,989.68 Evanston Youth Club Contract 25,000.00 Fastenal Parts 93.20 Ferguson Waterworks Equipment 8,212.00 First Bank Visa 14,925.76 Floyd’s Truck Center Parts 97.96 Forsgren Associates Contract 6,377.50 Freeway Tire Tires 8,837.48 Geneva Rock Supplies 2,864.77 Gladiator Materials Concrete 1,291.50 Great Basin Turf Products Supplies 446.16 Holland Equipment Parts 3,043.06 HR Direct Supplies 138.43 Jackson Group Peterbilt Parts 481.69 J-Bar Excavation Supplies 1,390.00 Joe’s Modern Cleaners Laundry Services 108.60 JUB Engineers Contract 15,000.00 Kallas Automotive Parts 2,573.95 Kickin Grass Services 60.00 Leads Online Support/Maintenance 3,632.00 Lewis & Lewis Contract 340,674.93 Little Paws Salon Services 55.00 Local Government Liability Pool Deductible 5,435.75 Mile High Turfgrass Supplies 742.00 MJB Animal Clinic Supplies 312.50 Morcon Supplies 1,563.60 Mountain West Business Solutions Service Agreement 773.99 Murdochs Supplies 881.90 Nalco Supplies 76,691.84 Patrick Towing Services 600.00 Porter Muirhead Cornia Howard Audit Fees 10,000.00 Pro-Vision Solutions Data Support/Maintenance 110.00 Proforce Law Enforcement Supplies 2,983.08 Quadient Contract 3,039.87 R. Lorin Smith Equipment 127,500.00 Reladyne Fuel 2,777.31 Remote Control Systems Software 674.00 Repower Parts 3,890.00 Rhinehart Fuel 21,237.94 Rock Solid SST Equipment 436.00 Rocky Mountain Power Utilities 28,697.44 Rogue Services Services 10,650.00 Safety Supply & Sign Signs 4,593.74 Safety Vision Parts 1,107.47 Scheyden Eyewear Supplies 2,186.00 Shred-It USA Services 436.67 Sidewalk Reimbursement Reimbursements 150.00 Simpleview Contract 25,650.00 Sirchie Finger Print Lab Supplies 46.11 Skaggs Uniforms 562.85 Smart Cover Systems Parts 2,184.00 Staker Parson Asphalt 2,310.40 Steve Regan Supplies 1,340.98 T-7 Propane 636.16 Tammy Fields Services 750.00 Taylor Made Golf Supplies 3,063.69 Thatcher Company Supplies 9,513.48 The Huntington National Bank Contract 4,445.39 The Lumberyard Supplies 58.09 Titleist Supplies 2,689.76 To Golf Supplies 130.00 Tom’s HVAC Services 150.00 Truck Pro Parts 155.77 Turf Equipment & Irrigation Parts 393.17 Uinta County Jail Fees 4,558.46 Uinta Lock & Key Services 350.00 Union Pacific Railroad Contract 100.00 Utah Yamas Controls Data Support/Maintenance 2,652.00 Verizon Wireless Cell Phones 240.76 Vista Outdoor Sales Supplies 1,562.62 W.W.Q. & P.C.A. Registration 930.00 Walmart Supplies 1,540.68 Water Deposits Refunds 61.63 Westar Printing Supplies 211.80 Western Wyoming Beverages Services 150.50 Wheeler Machinery Parts 345.72 Wilson Sporting Goods Supplies 177.30 XO Xtreme Marketing Contract 17,116.66 Xylem Water Solutions Parts 35,239.45 The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Revenue & Expenditure Report Council member Welling moved, Council member Perkes seconded, to approve the Revenue and Expenditure Report for June 2023. The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Council Comments Council member Lind thanked the Labor Day Committee for a successful Cowboy Days and parade. He mentioned that despite the weather the turnout was great. He commented that Evanston High School sports are in full swing and to be sure and get out and support them. Council member Welling also expressed gratitude to the Cowboy Days Committee for a great Cowboy Days Celebration. He remarked how fantastic the new bleachers are. He mentioned that he would like to see Evanston football get a win this weekend. Council member Sellers wished his wife a Happy Birthday. He also thanked the Cowboy Days Committee for a great weekend. He commented that the Rotary Club served 220 people for breakfast on Labor Day. He also reminded everyone to obey the speed limit as school is in session. Council member Hegeman expressed how great the Labor Day Parade was. She mentioned that the weather did not dampen the attendance or the experience. Mayor Williams recognized the effort of the crews who worked tirelessly getting the bleachers up for the rodeo over the weekend. He expressed gratitude for a job well done. Public Hearing/Liquor License Renewals A public hearing was conducted by City Attorney, Mark Harris for all the applicants that filed for the renewal of their liquor licenses within the City of Evanston. Mr. Harris stated that all the applications have been reviewed by the City Clerk and the Wyoming Liquor Division. Notice for the hearing has been advertised for two consecutive weeks in the local newspaper. Mr. Harris asked if there was any opposition or comments regarding any of the liquor license renewals. There being no comments, Mr. Harris closed the hearing. Liquor License Renewals Council member Perkes moved, Councilmember Sellers seconded, to renew the following Liquor Licenses within the City of Evanston: Applicant Doing Business As License Rachel’s, LLC Kate’s Retail Wyoming Horse Racing, LLC Horse Palace Retail La Tia Mexican Eats, Inc. Don Pedro Family Mexican Restaurant Retail Yellow Creek Liquor, Inc. Discount Liquor Retail Wyoming Downs OTB 8, LLC Wyoming Downs OTB Retail Spanky’s Bar, LLC Spanky’s Bar Retail Smith’s Food & Drug Centers Inc. Smith’s #86 Retail Fraternal Order of Eagles #2359 FOE #2359 Limited Dunmar Inn, LLC Legal Tender Lounge Retail Sumo WY, Inc. Ichiban Japanese Steakhouse Retail VFW Post 4280 VFW Post 4280 Limited SG Ventures Fairway Restaurant and Bar Retail APE Wyoming, LLC Retail Jalisco Mexican Grill, LLC Jalisco Mexican Grill Restaurant Five-K, LLC The Lincoln Highway Tavern Retail Clemente Brs Enterprise, LLC El Paso All American & Mexican Rest. Restaurant H.N.A., Inc. Cowboy Joe’s Retail Fast Stop 1138, Inc. Fast Stop Retail OB5, LLC Border Beverage Retail Maverik, Inc. Maverik #162 Retail Spirits of Red Mountain, Inc. Spirits of Red Mountain Retail Bon Rico, Inc. Bon Rico Retail Suds Brothers, Inc. Suds Brothers Brewery Bar & Grill 339 Wasatch, LLC Affordable Inns & Restaurant Resort Main St. Deli, LLC Main Street Deli Restaurant Paff’s, LLC Paff’s Restaurant The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Council member Hegeman declared a Conflict of Interest on the next item and abstained from discussion and voting: Council member Sellers moved, Councilmember Lynch seconded, to renew the following Liquor License within the City of Evanston: JoeCo, LLC Queen City Saloon Retail The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers. Hegeman abstained. Petition for Call Up Council member Welling moved, Council member Lynch seconded to grant a petition for call up and review of the action of the Evanston Planning and Zoning Commission on August 7th, 2023, regarding HE193, the Application of Tina Durand, for a Height Exception to allow a fence to exceed the maximum height limitation of four feet within the front yard setback area for property located at 117 Citation Lane. The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Welling, Sellers, Hegeman. 1 no vote: Perkes The hearing regarding the call up was set for October 3rd, 2023 at 5:30 p.m. at City Hall Council Chambers. Consent Agenda Council member Welling moved, Council member Perkes seconded, to approve the following Consent Agenda Items: Street Closure Permit requested by Rocco O’Neill for a Cowboy Block Party on Saturday, September 16th, 2023, on Main Street from 9th Street to Harrison Drive and 10th Street from Main Street to Center Street, from 3:00pm to 11:00pm. Street Closure Permit requested by the Downtown Evanston Promotions for the Annual Amazing Race on Friday, September 22nd, 2023, on Main Street, from 9th Street to Harrison Drive, from 4:30 to 8:30 pm. The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Ordinance 23-05 Council member Sellers moved, Council member Welling seconded, to pass Ordinance 23-05 on second reading. AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING, ANNEXING THE REAL PROPERTY MORE PARTICULARLY DESCRIBED HEREIN AS REQUESTED IN THE PETITION TO ANNEX SUBMITTED BY GTR PROPERTY HOLDINGS, LLC, A UTAH LIMITED LIABILITY COMPANY WHEREAS, the governing body of the City of Evanston, Wyoming, did on the 5th day of July 2023, pass a Resolution declaring the intention of the City to annex real property into the City of Evanston upon the Petition to Annex filed by GTR Property Holdings, LLC (“GTR”), a Utah limited liability company; and  WHEREAS, an annexation report as specified in W.S. '15-1-402 has been prepared for the subject property; and WHEREAS, said Resolution set a hearing for the 15th day of August, at 5:30 p.m., at the City Council Chambers at City Hall of the City of Evanston, to receive comments from members of the public, to determine if the proposed annexation meets the conditions of W.S. 15-1-402 and if the required procedures have been met; and WHEREAS, notice of the hearing and the annexation report has been published and provided to all landowners and public utilities as required by W.S. 15-1-402 and W.S. 15-1-405; and WHEREAS, after considering the evidence presented at the hearing, the governing body for the City of Evanston finds the following: (i) An annexation of the area is for the protection of the health, safety and welfare of the persons residing in the area and in the city; (ii) The urban development of the area sought to be annexed would constitute a natural, geographical, economical, and social part of the annexing city or town; (iii) The area sought to be annexed is a logical and feasible addition to the city and the extension of basic and other services customarily available to residents of the city shall, within reason, be available to the area to be annexed; (iv) The area sought to be annexed is contiguous with or adjacent to the city; (v) the existing utility franchises are able to serve the proposed annexed area; (vi) the terms and conditions of the Petition to Annex do exist; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, as follows: Section 1. The real property more particularly described below, is hereby annexed into the City of Evanston, Wyoming to-wit: 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. A certified copy of this annexation ordinance and an annexation map prepared pursuant to W.S. 15-1-402 shall be filed with the County Clerk of Uinta County, Wyoming. PASSED AND APPROVED this 5th day of September 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 23-62 Council member Lynch introduced Resolution 23-62. Council member Lynch moved, Council member Welling seconded, to adopt Resolution 23-62. A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A GRANT AGREEMENT WITH THE UNITED STATES OF AMERICA THROUGH THE FEDERAL AVIATION ADMINISTRATION TO OBTAIN ADDITIONAL GRANT FUNDS TO UPDATE THE AIRPORT MASTER PLAN FOR THE EVANSTON-UINTA COUNTY AIRPORT/BURNS FIELD. WHEREAS, the Evanston-Uinta Airport Joint Powers Board has been awarded a grant from the Federal Aviation Administration which is to be used to update the Airport’s Master Plan; and WHEREAS, additional funding for the update of the Master Plan has become available for the Master Plan update; and WHEREAS, it is necessary for the City of Evanston to accept and execute a Grant Agreement with the Federal Aviation Administration in order to receive the additional federal grant funds; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The City of Evanston hereby accepts and authorizes the execution of the Grant Agreement with the Federal Aviation Administration to provide further funds to update the Master Plan for the Evanston-Uinta County Airport/Burns Field. Section 2: The Mayor and City Attorney are hereby authorized to sign the Grant Agreement with the Federal Aviation Administration on behalf of the City of Evanston, Wyoming. PASSED, APPROVED AND ADOPTED this 5th day of September 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 23-63 Council member Welling introduced Resolution 23-63. Council member Welling moved, Council member Lind seconded, to adopt Resolution 23-63. A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON APPROVING CHANGE ORDER NO. 3 FOR THE 18TH, 19TH & WEST SUMMIT WATER REPLACEMENT PROJECT IN THE CITY OF EVANSTON. WHEREAS, the City of Evanston has previously authorized the 18th, 19th and West Summit Water Replacement Project, which is being constructed by Kilgore Companies, LLC dba Lewis & Lewis, and WHEREAS, the governing body has determined that it is in the public=s interest to approve Change Order No. 3 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. 3 for the 18th, 19th and West Summit Water Replacement Project, a copy of which is attached hereto as Appendix “1”, is approved. Section 2. The City Engineer and Mayor are authorized to approve Change Order No. 3 on behalf of the City. PASSED, APPROVED AND ADOPTED this 5th day of September 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 23-64 Council member Perkes introduced Resolution 23-64. Council member Perkes moved, Council member Welling seconded, to adopt Resolution 23-64. A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF AN ARPA GRANT AGREEMENT WITH THE STATE OF WYOMING, OFFICE OF STATE LANDS AND INVESTMENTS, TO FUND THE DESIGN AND CONSTRUCTION OF REPLACING WATER MAIN LINES AND HYDRANTS ALONG SAGE STREET (THE SAGE STREET WATER MAIN REPLACEMENT PROJECT). WHEREAS, the Governing Body for the City of Evanston previously authorized an application to the State of Wyoming for participation in the State and Local Fiscal Recovery Funds (Grant Funds) pursuant to the American Recovery Plan Act (ARPA), Water & Sewer ARPA Grant Program to assist in designing and construction of certain improvements known as the Sage Street Water Main Replacement Project (the “Project”); and WHEREAS, the State of Wyoming, through the Office of State Lands and Investment, determined the application met the criteria for funding under ARPA; and, WHEREAS, the State of Wyoming, Office of State Lands and Investment has awarded the City a grant to partially fund the design and construction of the above-described Project, and has submitted an ARPA Grant Agreement to the City relating to the design and construction funding and reporting requirements for the funding; and WHEREAS, the Governing Body of the City of Evanston recognizes the need for the project and finds it is in the best interests of the citizens of the City to enter into a Grant Agreement for said purposes; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The City of Evanston is hereby authorized to participate in State and Local Fiscal Recovery Funds (Grant Funds) pursuant to the American Recovery Plan Act (ARPA), Water & Sewer ARPA Grant Program, to assist in design and construction of certain improvements known as the Sage Street Water Main Replacement Project pursuant to the terms and conditions set forth in the attached Grant Agreement attached hereto as Appendix “1”. Section 2: The Mayor is authorized to execute the Grant Agreement and Certification Statement for the Project on behalf of the City of Evanston. PASSED, APPROVED AND ADOPTED this 5th day of September 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 6:07 p.m. Kent H. Williams, Mayor Diane Harris, City Clerk