City Council

EVANSTON CITY COUNCIL Special Meeting April 23rd, 2024 The official record of proceedings for a special meeting of the Evanston City Council 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 meeting were Mayor Williams; Council members; Tim Lynch, Jesse Lind, Evan Perkes, Dave Welling, and Mike Sellers. Jen Hegeman was excused. Staff members present were City Attorney/Prosecutor, Mark Harris; City Treasurer, Trudy Lym; City Clerk, Diane Harris; Community Development Director, Rocco O’Neill; Senior Planner, DuWayne Jacobsen; City Engineer, Damon Newsome and Police Chief, Mike Vranish. Information Technology Coordinator, Preston Sheets; Director of Parks and Recreation, Kim Larson; and Public Works Director, Gordon Robinson were excused. Approve Agenda Council member Welling moved, Council member Sellers seconded, to approve the agenda. The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers. Resolution 24-22 Council member Lind introduced Resolution 24-22. Council member Lind moved, Council member Welling seconded, to adopt Resolution 24-22. A RESOLUTION APPROVING THE FINAL SITE PLAN FOR PHASE I OF A PLANNED UNIT DEVELOPMENT PHYSICAL THERAPY OFFICE/FIELDHOUSE LOCATED AT 140 SADDLE RIDGE ROAD IN A MEDIUM DENSITY RESIDENTIAL-DEVELOPING ZONE AS REQUESTED BY JUSTIN DENNIS, DOING BUSINESS AS IMPACT PHYSICAL THERAPY, FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Justin Dennis, doing business as Impact Physical Therapy (the Applicant), has made application to the governing body of the City of Evanston, Wyoming for approval of the final site plan for Phase I of a Physical Therapy Office/Fieldhouse located in a Planned Unit Development at 140 Saddle Ridge Road within the City of Evanston, Wyoming; and WHEREAS, the property is located in a Medium Density Residential-Developing Zone (MR-D) on property more particularly described as: Lot 2 of Block 1 of the Haw Patch 3rd Addition to the City of Evanston, Uinta County, Wyoming. WHEREAS, the property is part of a Planned Unit Development which has previously been approved by the governing body; and WHEREAS, Applicant has submitted an application for Phase I development, which includes a physical therapy office/fieldhouse of 11,000 square feet in size and has indicated a possible Phase II development of an additional 11,000 square foot fieldhouse for future review, approval and construction in 2029; and WHEREAS, Applicant has submitted preliminary plans and a variance application to the Evanston Planning and Zoning Commission, Board of Adjustment and City Council for review or action, including a variance to required front and side yard setbacks; and WHEREAS, Applicant has submitted a final site plan and plans for Phase I development to the governing body, and the governing body has determined that: 1. Each phase is planned and related to existing and/or planned services and facilities such that each phase is self-sufficient and not dependent on later phases to meet any requirement of the Evanston City Code and a failure to proceed to subsequent phases will not have any adverse impacts on the PUD, its surroundings, or the community in general. 2. Phase I has been planned so as to ensure that open space and any other amenities will be provided. 3. Phase I building location and dimensions, sidewalks and walkways, parking areas, landscaped areas, and all setbacks from adjoining streets (as approved by a variance), ingress and egress, location of signs, open space areas and any natural or unique  features that are to be preserved are consistent with the provisions of the Evanston City Code. 4. Phase I plans regarding: (1) proposed nature and location of signage is in accordance with Article IX of the code: (2) a landscape plan is in accordance with Article IV of the code and (3) a parking plan is in accordance with Article VIII of the code. WHEREAS, the final plan for Phase I has been reviewed by planning staff, the city engineer and, where appropriate, the public works director and city attorney; and WHEREAS, the City of Evanston finds that the Phase I final plan conforms in all major respects to the detailed and/or preliminary plans previously reviewed and approved by the City council and that it complies with the design standards set forth in City codes and with all applicable general regulations, including design of the building concerning materials, color, and texture and compatibility with surrounding development. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, THAT: Section 1. The final site plan for Phase I of a Physical Therapy Office/Fieldhouse located in a Planned Unit Development at 140 Saddle Ridge Road within the City of Evanston, Wyoming on the property described herein be, and hereby is, approved and accepted in accordance with the final site plan presented and approved on April 23, 2024. Section 2. The Mayor, City Clerk, Engineer and planning office are hereby authorized and directed to enforce the mandates of chapter 24 of the Code of the City Evanston with regard to the final site plan and construction of Phase 1 improvements as by law required and as set forth in the final site plan. Section 3. Nothing contained herein shall be construed as a review and/or approval of Phase II or another improvement not specifically approved herein. PASSED, APPROVED AND ADOPTED this 23rd day of April 2024. ____________________________________ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers. Resolution 24-23 Council member Perkes introduced Resolution 24-23. Council member Perkes moved, Council member Welling seconded, to adopt Resolution 24-23. A RESOLUTION TO PLACE THE ONE-HALF PERCENT (1/2%) SALES AND USE TAX FOR ECONOMIC DEVELOPMENT QUESTION ON THE 2024 PRIMARY ELECTION BALLOT. WHEREAS, Title 39 Chapter 15 of the Wyoming Statutes allows for an excise tax of up to 1% be imposed for economic development if approved by the electorate; and WHEREAS, the proposition to impose an excise tax shall be at the expense of the county and be submitted to the electors of the county upon the receipt by the board of county commissioners of a resolution requesting the election signed by at least five percent (5%) of the electors of the county or of a resolution approving the proposition from the governing bodies of at least fifty percent (50%) of the incorporated municipalities within the county and a resolution approving the proposition of the board of county commissioners; and WHEREAS, a portion of the proceeds from the tax shall be used for economic development as provided by Wyo. Stat. § 39-15-203(a)(v)(C) and any ballot proposition shall contain the words “a portion (or specific percentage) of the tax proceeds shall be used for economic development” in a clear and appropriate manner; and WHEREAS, Economic Development as defined by the Wyoming Economic Development Association is “any project or activity that encourages private sector development of companies that provide higher than average wages, create primary jobs, diversify the economy, and generate tax revenue”; and WHEREAS one hundred percent (100%) of the tax generated will be allocated to the County and four Municipalities based on population to manage and invest in economic development projects of their choosing; and WHEREAS, if the tax proposed is approved in the Primary Election on August 20, 2024, the same proposition shall be submitted in the General Election in 2026 and at the general election held every four (4) years thereafter until the proposition is defeated; and WHEREAS, if the proposition is approved by the qualified electors, the governing body shall by ordinance impose an excise tax upon retail sales of tangible personal property, admissions and services; and NOW, THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: By the passage of this Resolution, the City of Evanston requests the optional one-half percent (1/2%) sales and use tax for economic development question be placed on the 2024 Primary Election ballot, which shall be proposed as: ONE HALF PERCENT (1/2%) SALES AND USE TAX FOR ECONOMIC DEVELOPMENT PROPOSITION “Shall the Board of County Commissioners of the County of Uinta, State of Wyoming be authorized to impose an excise tax for economic development of 1/2% upon retail sales of tangible personal property, admissions and services made within the county, the purpose of which is for economic development, to be allocated to the county and four municipalities based on population to manage and invest in economic development projects of their choosing. If passed, the tax would be in place until the 2026 General Election and at the general election held every four (4) years thereafter until the proposition is defeated” FOR THE COUNTY SALES AND USE TAX FOR ECONOMIC DEVELOPMENT AGAINST THE COUNTY SALES AND USE TAX FOR ECONOMIC DEVELOPMENT Section 2: The proposed tax if passed, shall be re-submitted to the electors at the 2026 General Election and at the general election held every four (4) years thereafter until the proposition is defeated. PASSED, APPROVED AND ADOPTED this 23rd day of April 2024. ____________________________________ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers. Adjournment With no further business to be conducted at this time Mayor Williams adjourned the meeting at 5:38 p.m. _______________________ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk