City Council

EVANSTON CITY COUNCIL Second Regular Meeting September 19th, 2023 The official record of proceedings of the second 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 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, David Welling, Mike Sellers and Jen Hegeman. Evan Perkes was excused. Staff members present at the start of the meeting were: City Attorney/Prosecutor, Mark Harris; 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, Police Lieutenant, Ken Pearson, Community Development Director, Rocco O’Neill and IT Coordinator, Preston Sheets. City Treasurer, Trudy Lym and Police Chief, Mike Vranish were excused. A group of interested citizens was also present. Approve Agenda Council member Sellers moved, Council member Lynch seconded to approve the agenda with the addition of Resolution 23-70. The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Welling, Sellers, Hegeman. Approve Minutes The official record of proceedings for the City Council Meeting held September 5th, 2023 and Special City Council Meeting held September 12th, 2023 were approved as presented. Bills Council member Lind moved, Council member Lynch seconded, to approve the following bills for payment: Sept 06, 2023 to Sept 19, 2023 VENDOR FOR AMOUNT AXA Equivest Payroll 338.00 Evanston Peace Officers Payroll 224.00 Flexshare Payroll 2,764.15 IRS Tax Deposit Payroll 51,290.90 Mission Square Payroll 99.44 Orchard Trust Payroll 1,343.88 Parks & Recreation Payroll 218.75 Wyoming Child Support Payroll 264.92 Payroll 08/13 – 08/26 Payroll 156,665.36 Nevada Tap Master Parts 24,900.50 Wright Express Fuel 1,093.44 Academic Choir Apparel Uniform 419.00 Adidas America Supplies 4,360.21 Allwest Utilities 2,942.13 Charles Kissling Memorial Fees 4,785.00 Best Kind Embroidery Services 533.29 Bigzz Sanitation Services 800.00 Brownells Supplies 327.00 Caselle Support/Maintenance 2,028.00 CCI Network Utilities 84.34 Century Equipment Parts 996.30 Century Link Utilities 1,237.08 Chapter AL Fees 1,430.00 City Employees Reimbursements 220.44 City of Evanston Utilities 10,597.73 Conwest Contract 229,304.38 Court Bonds Refund/Restitution 350.00 Cummins Rocky Mountain Parts 3,065.00 Cut Permits Reimbursements 400.00 Deposit Refunds Refunds 300.00 Dominion Energy Utilities 2,769.83 Energy Laboratories Testing 442.00 Evanston Parks & Rec City Subsidy 139,910.71 Evanston Uinta County Airport Contract 25,643.75 Facility Refunds Refund 100.00 Fastenal Parts 191.08 Ferguson Equipment 10,747.00 Forsgren Associates Contract 5,603.75 Freeway Tire Tires 2,351.76 General Code Books 1,787.98 Chris Gerrard Reimbursement 400.00 Gladiator Materials Concrete 2,183.00 Hach Company Supplies 862.00 Highland Golf Supplies 1,250.00 Imperial Supplies 1,783.39 Industrial Service Solutions Parts 31,372.00 Insane Impact Services 3,750.00 Kallas Automotive Parts 2,738.94 Local Government Liability Pool Claim 388.50 Morcon Industrial Parts 1,148.69 Mountain West Business Solutions Service Agreement 219.91 Myers/Anderson Architects Contract 1,790.47 Nevada Tap Master Contract 24,400.50 Office Products Dealer Supplies 359.89 One-Call of Wyoming Tickets 123.00 Parnell’s Services 1,957.00 Rain for Rent Parts 1,712.26 Randy’s Heating & AC Services 26,550.00 Rocky Mountain Power Utilities 19,599.04 Rogue Services Parts 7,006.00 Smith’s Food & Drug Supplies 200.71 Spectra Associates Supplies 1,998.50 Taylor Made Golf Company Supplies 1,001.33 The Lumberyard Supplies 234.25 Truck Pro Parts 10.96 Turf Solutions Sand 3,508.06 Uinta County Jail Fees 2,240.00 Uinta County Herald Public Notices 1,096.11 Uinta County Solid Waste Landfill Fees 39,730.65 Uinta Recycling Reimbursement 100.00 Westar Printing Supplies 139.76 Western Wyoming Beverages Services 498.15 Wheeler Machinery Parts 858.84 Williamsen-Godwin Truck Body Parts 5,025.00 Wyoming Dept of Transportation Contract 2,231.71 Wyoming Department of Revenue Sales/Use Tax 3,458.20 Wyoming Downs Contract 1,000.00 Wyoming State Golf Association Dues 1,125.00 Wyoming Waste Systems Dumpster Fees 179.55 The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Welling, Sellers, Hegeman. Council Comments Council member Sellers commented that it is “Suicide Prevention” month. He reminded everyone to be mindful of those in need. Council member Hegemen reminded all the hunters to donate meat to organizations to help families in need if you have extra. Board Appointment Mayor Williams made an appointment to the following board. Council member Sellers moved, Council member Lynch seconded, to confirm the following appointment: Tree Board Ossana Georgio (new appointment) ……………………………………………………January 2026 The motion passed unanimously with 5 yes votes: Lynch, Lind, Welling, Sellers, Hegeman.  Consent Agenda Council member Lind moved, Council member Sellers seconded, to approve the following Consent Agenda Items: • Street Closure Permit requested by Evanston High School Student Council - for the annual Homecoming Parade. The parade will begin at Davis Middle School at approximately 3:00 p.m. on Friday September 29th, 2023. • Street Closure Permit requested by Downtown Evanston Promotions/Kate’s - for the 5th Annual Fall Main Street Bash/Cornhole Tournament on Saturday, October 7th, 2023, on Main Street from 9th Street to Harrison Drive, from noon to midnight. The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Welling, Sellers, Hegeman. Ordinance 23-05 Council member Lind moved, Council member Lynch seconded, to pass Ordinance 23-05 on third and final 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 19th day of September 2023. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Welling, Sellers, Hegeman. Resolution 23-65 Council member Lind introduced Resolution 23-65. Council member Lind moved, Council member Sellers seconded, to adopt Resolution 23-65. A RESOLUTION APPROVING AND AUTHORIZING THE FINAL PLAT FOR THE BYRNE-COLE ADDITION, A SUBDIVISION WITHIN THE CITY OF EVANSTON, WYOMING AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, John A. Byrne, Steve R. Evans, Vernon Cole and Clarissa Cole (the ASubdividers@), have made application to the governing body of the City of Evanston, Wyoming for approval and authorization of the proposed subdivision entitled the Byrne-Cole 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 Byrne-Cole Addition is hereby approved, accepted, and authorized and described in particularity as follows, to-wit: A subdivision of all of Lot 45 of the Grass Valley Addition to the City of Evanston - Amended and all of Lot 46 of the Lot Line Adjustment of Lots 36-44 & Lots 46-66 of the Grass Valley Addition Amended, according to the plat recorded November 20, 2001 as Instrument No. R104951 in the Office of the Uinta County Clerk, all in the City of Evanston, Uinta County, Wyoming, said Lots 45 and 46 combined being more particularly described as follows: BEGINNING at the Southwest corner of said Lot 45, running thence N 23°13'33" W, 180.00 feet; thence N 66°46'27" E, 114.63 feet; thence S 23°15'30" E, 180.00 feet; thence S 66°46'27" W, 114.73 feet to the POINT OF BEGINNING. Said AByrne-Cole Addition@ containing 0.474 acres, more or less. 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 19th day of September 2023. ____________________________________ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Welling, Sellers, Hegeman.  Resolution 23-66 Council member Lynch introduced Resolution 23-66. Council member Lynch moved, Council member Sellers seconded, to adopt Resolution 23-66. A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF A SUB-AWARD AGREEMENT BETWEEN THE HIGHWAY SAFETY PROGRAM OF THE WYOMING DEPARTMENT OF TRANSPORTATION AND THE EVANSTON POLICE DEPARTMENT TO RECEIVE GRANT FUNDS FOR IMPAIRED DRIVING ENFORCEMENT. WHEREAS, grant funds are available from the Highway Safety Program of the Wyoming Department of Transportation which are to be used by local law enforcement agencies to improve traffic safety through increased enforcement regarding impaired driving; and WHEREAS, it is necessary for the City to execute the attached Grant Agreement in order to receive the Grant funds; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING AS FOLLOWS: Section 1. The Evanston Police Department is authorized to sign the Sub-Award Agreement between the Highway Safety Program of the Wyoming Department of Transportation and Evanston Police Department, a copy of which is attached hereto, to provide increased enforcement with regard to impaired driving. PASSED, APPROVED AND ADOPTED this 19th day of September 2023. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Welling, Sellers, Hegeman. Resolution 23-67 Council member Lind introduced Resolution 23-67. Council member Lind moved, Council member Lynch seconded, to adopt Resolution 23-67. A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF A SUB-AWARD AGREEMENT BETWEEN THE HIGHWAY SAFETY PROGRAM OF THE WYOMING DEPARTMENT OF TRANSPORTATION AND THE EVANSTON POLICE DEPARTMENT TO RECEIVE GRANT FUNDS FOR OCCUPANT PROTECTION. WHEREAS, grant funds are available from the Highway Safety Program of the Wyoming Department of Transportation which are to be used by local law enforcement agencies improve traffic safety through increased enforcement of Occupant Protection; and WHEREAS, it is necessary for the City to execute the attached Grant Agreement in order to receive the Grant funds; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING AS FOLLOWS: Section 1. The Evanston Police Department is authorized to sign the Sub-Award Agreement between the Highway Safety Program of the Wyoming Department of Transportation and Evanston Police Department, a copy of which is attached hereto, to provide increased enforcement of Occupant Protection. PASSED, APPROVED AND ADOPTED this 19th day of September 2023. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Welling, Sellers, Hegeman.  Resolution 23-68 Council member Lind introduced Resolution 23-68. Council member Lind moved, Council member Sellers seconded, to adopt Resolution 23-68. A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE ACCEPTANCE OF A RENEWAL QUOTE FROM PLANET TECHNOLOGIES, INC., THAT INCORPORATES A MICROSOFT AGREEMENT FOR ONLINE SERVICES, TO RENEW LICENSING FOR VARIOUS COMPUTER PROGRAMS USED BY THE CITY. WHEREAS, the City of Evanston has received a Renewal Quote from Planet Technologies, Inc. to renew licensing for various computer programs used by the City which incorporates Microsoft=s Agreement for Online Services; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING AS FOLLOWS: Section 1. The City of Evanston authorizes the acceptance of the Renewal Quote from Planet Technologies, Inc. to renew licensing for various computer programs used by the City which incorporates Microsoft=s Agreement for Online Services. Section 2. The Mayor and City Clerk are authorized to sign and attest the attached Renewal quote with Planet Technologies, Inc. in accordance with terms of Appendix “1” attached hereto. PASSED, APPROVED AND ADOPTED this 19th day of September 2023. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Welling, Sellers, Hegeman. Resolution 23-69 Council member Sellers introduced Resolution 23-69. Council member Sellers moved, Council member Lind seconded, to adopt Resolution 23-69. A RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION TO THE T-MOBILE HOMETOWN GRANT PROGRAM ON BEHALF OF THE GOVERNING BODY FOR THE CITY OF EVANSTON, WYOMING, FOR THE “EVANSTON GATEWAYS INTO DOWNTOWN MURAL PROJECT”. WHEREAS, T-Mobile has established a Hometown Grants program for funding community projects in small towns and cities with populations of less than 50,000 people for community projects, including improvements to outdoor spaces and the arts, which provide community benefits where securing funding for such projects may be or is difficult to secure; and WHEREAS, the Governing Body for the City of Evanston desires to participate in the Grant Program and has identified western-themed mural art projects for “gateways” into Historic Downtown Evanston, including 9th Street, Harrison Drive and Main Street to be located on privately owned buildings with agreement of the property owners; and WHEREAS, the Governing Body for the City of Evanston recognized the need for the project and can provide both in-kind and partial matching funds for a grant; and WHEREAS, the proposed mural art projects appear to meet the Hometown Grants criteria; and, NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: A grant application in the amount of $38,000 be submitted to T-Mobile for consideration of a Hometown Grant for assistance in funding western-themed mural art projects for “gateways” into Historic Downtown Evanston, including 9th Street, Harrison Drive and Main Street with a Community Development match of $2,500. Section 2: Community Development Director Rocco O’Neill and Economic Development Coordinator, Mieke Madrid, are hereby designated as the authorized representatives of the City of Evanston to act on behalf of the Governing Body on all matters relating to this application.  PASSED, APPROVED AND ADOPTED this 19th day of September 2023. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Welling, Sellers, Hegeman. Resolution 23-70 Council member Lynch introduced Resolution 23-70. Council member Lynch moved, Council member Lind seconded, to adopt Resolution 23-70. A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON APPROVING CHANGE ORDER NO. 1 FOR THE EVANSTON CITY HALL ROOF REPLACEMENT PROJECT IN THE CITY OF EVANSTON. WHEREAS, the City of Evanston has previously authorized the Evanston City Hall Roof Replacement Project, which is being constructed by Conwest, Inc., and WHEREAS, the contractor has proposed a change order for the project which has been reviewed and recommended for approval by Myers Anderson Architects, the Project Architect; and WHEREAS, the governing body has determined that it is in the public=s interest to approve Change Order No. 1 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. 1 for the Evanston City Hall Roof Replacement Project, a copy of which is attached hereto as Appendix “1”, is approved. Section 2. The Mayor is authorized to approve Change Order No. 1 on behalf of the City. PASSED, APPROVED AND ADOPTED this 19th day of September 2023. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Welling, Sellers, Hegeman. Department Comments Public Works Director, Gordon Robinson reported that Wyoming DEQ has been at the Wastewater Plant doing inspections. There were no issues to report, everything went well. Adjournment With no further business to be conducted at this time Mayor Williams adjourned the meeting at 6:02 p.m. Kent H. Williams, Mayor Diane Harris, City Clerk