City Council

EVANSTON CITY COUNCIL First Regular Meeting March 5th, 2024 The official record of proceedings of the first regular meeting of the Evanston City Council for the month of March 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 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. Dave Welling was excused. Staff members present at the start of the meeting were: City Attorney/Prosecutor, Mark Harris; City Treasurer, Trudy Lym; City Clerk, Diane Harris; Director of Parks and Recreation, Kim Larson; City Engineer, Damon Newsome; Community Development Director, Rocco O’Neill; Information Technology Coordinator, Preston Sheets, Police Chief, Mike Vranish and Public Works Director, Gordon Robinson. A group of interested citizens was also present. Approve Agenda Council member Lind moved, Council member Sellers 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 20th, 2024 was approved as presented. Bills Council member Perkes moved, Council member Lynch seconded, to approve the following bills for payment: Feb 21, 2024 to Mar 05, 2024 VENDOR FOR AMOUNT AXA Equivest Payroll 188.00 Beneficial Life Insurance Payroll 150.00 Delta Dental Payroll 8,699.40 Evanston Peace Officers Payroll 232.00 Flexshare Payroll 2,896.55 IRS Tax Deposit Payroll 48,061.88 Mission Square Payroll 99.44 NCPERS Payroll 96.00 Orchard Trust Payroll 1,888.88 Parks & Recreation Payroll 131.25 The Harford Payroll 217.40 Washington National Insurance Payroll 472.60 WEBT Payroll 200,152.22 Wyoming Child Support Payroll 264.92 Wyoming Dept of Workforce Services Payroll 7,869.65 Wyoming Retirement Payroll 73,713.54 Payroll 01/28/2024 – 02/16/2024 Payroll 151,053.53 Alsco Laundry Services 522.94 AT&T Cell Phones/Internet 2,570.26 Calibration Tech & Supply Services 279.00 CD’s Electric Services 1,060.42 Century Equipment Parts 9,633.42 City Employees Reimbursement 51.26 Conwest Contract 27,030.31 Court Bonds Refund 150.00 Cummins Sales and Service Parts 339.91 Deposit Refunds Refunds 1,100.00 Downtown Evanston Reimbursement 1,000.00 Evanston Clinic Testing 130.00 Evanston Parks & Recreation City Subsidy/Reimbursement 167,461.46 Evanston Regional Hospital Testing 162.51 Evanston Youth Club Contract 25,000.00 Facility Refunds Refund 600.00 Ferguson Waterworks Parts 1,415.02 First Bank Visa 12,993.40 Floyd’s Truck Center Parts 3,127.76 Gladiator Materials Road Sand/Salt 15,318.60 Hach Supplies 626.80 Heartland Kubota Parts 1,357.17 High Desert Tools Services 1,427.00 Jackson Group Peterbilt Parts 296.14 Kallas Automotive Parts 458.77 Mid-American Research Chemical Supplies 142.92 Morcon Industrial Parts 306.53 Mountain Alarm Fire Services 660.00 Mountain West Business Solutions Service Agreement 809.90 Murdochs Supplies 625.72 O’Reilly Auto Parts Parts 4.99 City of Evanston Reimbursement 94.68 Real Kleen Janitorial Services 2,401.25 Reladyne Oil 345.65 Remote Control Systems Software 800.00 Rocky Mountain Power Utilities 6,203.85 Rogue Services Services 2,905.00 Shred-It Services 120.06 Skaggs Uniforms 1,996.16 Standard Plumbing Parts 1.99 T-7 Inc Propane 1,145.46 The Lumberyard Parts 27.37 Tom’s HVAC Services 1,947.76 Two Guys Flooring Services 3,785.00 Urban Renewal Agency Reimbursement 2,494.76 Utah Yamas Controls Data Support 870.00 Verizon Wireless Cell Phones 281.01 Walmart Supplies 907.36 Wasatch Surveying Contract 487.50 Westar Printing Supplies 2,549.60 Wyoming Department of Transportation Reimbursement 36,788.02 XO Xtreme Marketing Contract 22,916.67 Yamaha Motor Contract 4,900.49 Yeti Parts 2,342.92 The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Sellers, Hegeman. Council Comments The Mayor and Council members spoke on state wrestling and boys’ basketball, snow removal, suicide and resource hotlines, Women’s Equality Month and the removal of the metal building by the Roundhouse. Board Appointment Mayor Williams made an appointment to the following board. Council member Lynch moved, Council member Welling seconded, to confirm the following appointment: Lodging Tax Board Sadie Fain - January 2027 The motion passed unanimously with 5 yes votes: Lynch, Lind, Perkes, Sellers, Hegeman. Public Hearings City Attorney Mark Harris conducted a public hearing to solicit public comment regarding the sale of real property to Peak Ventures, LLC a Wyoming Limited Liability Company. Community Development Director, Rocco O’Neill provided information about the proposed sale. Paul and Emmy Cox provided information about their business, Peak Ventures, LLC. No one else addressed the issue and Mr. Harris closed the hearing. City Attorney Mark Harris conducted a public hearing to solicit public comment regarding a petition to expand a use control area for the Roundhouse and Railyard Facility. City Engineer, Damon Newsome provided information about the proposed petition. No one else addressed the issue and Mr. Harris closed the hearing.  Bear River Walkway Bid There was discussion regarding a bid for the Bear River Walkway Renovation Project. Council member Lind moved, Council member Lynch seconded to reject the bid for the Bear River Walkway Renovation Project. The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Sellers, Hegeman. Resolution 24-08 Council member Sellers introduced Resolution 24-08. Council member Sellers moved, Council member Lynch seconded, to adopt Resolution 24-08. A RESOLUTION OF THE CITY OF EVANSTON, WYOMING APPROVING A PETITION TO EXPAND A USE CONTROL AREA FOR THE ROUNDHOUSE AND RAILYARD FACILITY. WHEREAS, pursuant to Wyo. Stat. § 35-11-1609, the City of Evanston has submitted a Petition to impose long-term restrictions on the use of the Roundhouse and Railyard Facility; and WHEREAS, in 2006, the City of Evanston approved a Petition to establish a Restricted Use Control Area for the Machine Shop Parking Lot and Pedestrian Plaza in the Roundhouse and Railyard facility; and WHEREAS, on January 24, 2024, publication of a Notice of the Petition and a Public Hearing scheduled for March 5, 2024 was commenced and published once per week for four (4) consecutive weeks in a newspaper of general circulation in Uinta County, Wyoming; and WHEREAS, a copy of the Petition and Notice of the Public Hearing was mailed to all of the surface owners of record of land contiguous to the site, at least thirty (30) days prior to the hearing; and WHEREAS, the public hearing was held by the governing body of the City of Evanston on March 5, 2024 to consider the Petition and receive public comments and concerns regarding the expansion of the Use Control Area approved in 2006; NOW, THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING: Section 1: The Petition to enlarge the Use Control Area for the Roundhouse and Railyard Facility is hereby approved, a copy of which is attached. Section 2: A Use Control Area shall be enlarged as described in the Petition for the real property more particularly described as follows: A tract of land located in the S1/2 SE1/4 of Section 17, the NE1/4 NE1/4 of Section 20, and the NW1/4 NW1/4 of Section 21, all in Township 15 North, Range 120 West, 6th P.M., City of Evanston, Uinta County, Wyoming, being more particularly described as follows: Commencing at the Northwest corner of said Section 21 and running thence S 0°02'40" W, 239.06 feet along the West boundary thereof to the POINT OF BEGINNING; thence S 49°00'57" E, 182.16 feet; thence S 42°47'50" W, 146.62 feet to the intersection of the Northwesterly boundary of 12th Street with the Northeasterly boundary of Front Street, said intersection being a boundary point of Lot 1, Block 1 of the Union Center Addition to the City of Evanston as said Addition is platted and recorded in the office of the Uinta County Clerk as Entry No. 130509; thence along the boundary of said Lot 1, Block 1 the following six (6) courses: continuing S 42°47'50" W, 299.90 feet; thence N 47°12'10" W, 1014.17 feet to a point on the South boundary of said Section 17; thence N 47°12'15" W, 153.33 feet; thence N 80°51'41" W, 26.16 feet to the point of curvature of a non-tangent curve to the left having a radius of 475.98 feet, from which point a radial line bears S 42°47'45" W; thence northwesterly 114.66 feet along the arc of said curve through a central angle of 13°48'05", the long chord of which bears N 54°06'18" W, 114.38 feet, to the point of reverse curvature of a curve to the right having a radius of 254.26 feet; thence northwesterly 228.83 feet along the arc of said curve through a central angle of 51°33'57", the long chord of which bears N 35°13'22" W, 221.19 feet; thence leaving said Lot 1, Block 1 boundary on a non-tangent line to the previous curve  N 12°40'33" W, 108.95 feet; thence N 19°09'49" W, 81.71 feet; thence N 22°43'31" W, 35.11 feet; thence N 19°41'23" W, 49.94 feet; thence N 24°53'13" W, 95.79 feet to the point of curvature of a curve to the left having a radius of 330.00 feet; thence northwesterly 379.43 feet along the arc of said curve through a central angle of 65°52'38", the long chord of which bears N 57°49'32" W, 358.87 feet; thence on a non-tangent line to the previous curve N 0°30'36" W, 27.09 feet to a point on the South boundary of that tract of land described by Quitclaim Deed in Book 650 on Page 285 of the Uinta County Records (Union Tank Tract); thence N 89°29'24" E, 211.11 feet along said South boundary to the Northwest corner of said Lot 1, Block 1, Union Center Addition; thence along the boundary of said Lot 1, Block 1 the following four (4) courses: continuing N 89°29'24" E, 189.10 feet; thence S 47°11'59" E, 704.78 feet; thence S 26°23'37" W, 106.61 feet; thence S 63°35'03" E, 362.56 feet; thence leaving said Lot , Block 1 boundary, S 49°00'57" E, 661.54 feet to the POINT OF BEGINNING. Said tract containing 17.939 acres, more or less. Section 3: The Mayor and City Clerk are authorized to sign and attest all documents which may be necessary to implement the Use Control Area as provided by the Petition. Section 4: The approval of the Petition is conditioned upon the subsequent filing of a determination by the appropriate director of the Department of Environmental Quality that a remedy can be selected that meets the requirements of Wyo. Stat. § 35-11-1605 and is consistent with the Petition. PASSED, APPROVED AND ADOPTED this 5th day of March 2024. ____________________________________ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Sellers, Hegeman. Resolution 24-09 Council member Lind introduced Resolution 24-09. Council member Lind moved, Council member Perkes seconded, to adopt Resolution 24-09. A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING APPROVING CHANGE ORDER NO. 1 FOR THE ROUNDHOUSE SECTION 4 – TENANT GREY SHELL AND LOADING FACILITIES PROJECT IN THE CITY OF EVANSTON. WHEREAS, the City of Evanston has previously authorized the Roundhouse Section 4 – Tenant Grey shell and Loading Facilities Project, which is being constructed by Tanner Development, LLC, 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 Roundhouse Section 4 – Tenant Grey shell and Loading Facilities Project, a copy of which is attached hereto as Appendix “1”, is approved. Section 2. The Community Development Director or Mayor are authorized to approve Change Order No. 1 on behalf of the City. PASSED, APPROVED AND ADOPTED this 5th day of March 2024. ____________________________________ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Sellers, Hegeman. Resolution 24-10 Council member Sellers introduced Resolution 24-10. Council member Sellers moved, Council member Perkes seconded, to adopt Resolution 24-10. A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH PEAK VENTURES, LLC, A WYOMING LIMITED LIABILITY COMPANY (PEAK), AND DETERMINING THAT THE SALE OF REAL PROPERTY TO PEAK PURSUANT TO THE DEVELOPMENT AGREEMENT WILL BENEFIT THE ECONOMIC DEVELOPMENT OF THE MUNICIPALITY AS REQUIRED BY WYOMING STATUTE § 15- 1-112 (b) (i) (D). WHEREAS, Peak is in the business of manufacturing and distributing specialized parts for on and off-road vehicles; and WHEREAS, the City has for sale a lot in the Union Center 3rd Addition which is ideally suited for the development of improvements to enable Peak to conduct its business and provide jobs for the community; and WHEREAS, Peak and the City desire to enter into a Development Agreement to bring about the sale and development of the property and the construction of manufacturing and distribution facilities which will be used by Peak; and WHEREAS, the Development Agreement calls for the construction of building(s) by Peak of up to 50,000 square feet to be used for the manufacturing and distributing specialized parts for on and off-road vehicles; and WHEREAS, it is anticipated that the buildings will be constructed in at least two phases and when the facility becomes operational it is estimated that it will initially employ between five and fifteen employees; and WHEREAS, the purchase price for the real property set forth in the Development Agreement is $327,559.67; and WHEREAS, the other terms and conditions of sale of real property are fully set forth in the Development Agreement; and WHEREAS, Notice of a Public Hearing to consider whether the proposed sale of the real property to Peak pursuant to the Development Agreement will benefit the economic development of the City, has been published in a newspaper of general circulation once each week for three consecutive weeks prior to the hearing; and WHEREAS, the Notice described the general terms of the sale and the appraised value of the parcel of real property which is proposed to be sold; and WHEREAS, in accordance with the Notice, a public hearing was held and conducted before the governing body on March 5, 2024, to receive public information, input, objections and other information concerning the proposed sale of the real property; and WHEREAS, the governing body of the City of Evanston has considered all of the public information, input, objections and other information concerning the sale of the real property that was submitted at the hearing; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The governing body for the City of Evanston, Wyoming hereby determines that the sale of real property to Peak pursuant to the Development Agreement which is attached to this Resolution, will benefit the economic development of the municipality. Said real property being more particularly described as follows: Lot 2 of Block 1 of the Union Center 3rd Addition to the City of Evanston, Uinta County, Wyoming. TOGETHER with all improvements, appurtenances, hereditaments, and all things appertaining or belonging thereto. SUBJECT, HOWEVER, to all easements, rights-of-way, covenants, reservations, and restrictions of record or visible upon inspection. Section 2: The Mayor and City Clerk are hereby authorized to execute on behalf of the City of Evanston the Development Agreement with Peak, a copy of which is attached.  Section 3: The Mayor and City Clerk are also authorized to execute on behalf of the City the Purchase and Sale Agreement for the sale of the Property which is attached the Development Agreement as Exhibit A and any and all documents which may be necessary to the close the sale of the above described real property to Peak pursuant to the Purchase and Sale Agreement. PASSED, APPROVED AND ADOPTED this 5th day of March 2024. ____________________________________ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Sellers, Hegeman. Department Comments City Attorney, Mark Harris addressed the Council concerning a new soda ash mine in Sweetwater County. Public Comments Speaking to Council was: Shelly Horne regarding the metal building in the Roundhouse and Railyard Complex. Adjournment With no further business to be conducted at this time Mayor Williams adjourned the meeting at 6:11 p.m. Kent H. Williams, Mayor Diane Harris, City Clerk