City Council

EVANSTON CITY COUNCIL First Regular Meeting June 4th, 2024 The official record of proceedings of the first regular meeting of the Evanston City Council for the month of June was held in the Council Chambers of City Hall on the above date. These proceedings were video recorded and streamed live. Council member Perkes 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, Dave Welling, Mike Sellers and Jen Hegeman. Staff members present at the start of the meeting were: City Attorney/Prosecutor, Mark Harris; City Clerk, Diane Harris; Information Technology Coordinator, Preston Sheets; Police Chief, Mike Vranish; City Treasurer, Trudy Lym; Community Development Director, Rocco O’Neill; Director of Parks and Recreation, Kim Larson; Senior Planner, DuWayne Jacobsen; City Engineer, Damon Newsome; Public Works Director, Gordon Robinson. 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 May 21st, 2024 and the City Council Work Session held May 28th, 2024 was approved as presented. Bills Council member Sellers moved, Council member Lynch seconded, to approve the following bills for payment: May 22, 2024 to June 04, 2024 VENDOR FOR AMOUNT AXA Equivest Payroll 188.00 Beneficial Life Payroll 150.00 Delta Dental Payroll 8,615.05 Evanston Peace Officers Payroll 232.00 Flexshare Payroll 2,828.85 IRS Tax Deposit Payroll 49,280.85 NCPERS Payroll 96.00 Orchard Trust Payroll 2,551.10 Parks & Recreation Payroll 137.50 The Hartford Payroll 217.40 Washington National Payroll 472.60 WEBT Payroll 202,900.85 Wyoming Child Support Payroll 264.92 Wyoming Dept of Workforce Services Payroll 7,918.15 Wyoming Retirement Payroll 73,747.85 Payroll 05/05/2024 – 05/18/2024 Payroll 154,060.55 California DMV Records 5.00 Alsco Laundry Services 576.07 AT & T Cell Phones/Internet 467.13 Auto Zone Parts 37.99 Best Kind Embroidery Services 566.03 Boot Barn Uniform 152.99 Callaway Golf Supplies 93.42 CD’s Electric Services 21,529.33 Cleveland Golf Supplies 871.46 Court Bonds Refund 250.00 Cut Permits Reimbursement 950.00 Dana Kepner of Wyoming Parts 2,476.30 Jim Davis Reimbursement 421.78 Dooley Enterprises Supplies 286.50 Education & Training Servies Registration 2,745.00 Energy Laboratories Testing 1,806.00 1 ERA Supplies 627.55 Evanston Clinic Corp Testing 75.00 Evanston Parks & Recreation City Subsidy/Reimbursement 200,073.00 Evanston Uinta County Airport Contract 25,643.75 Facility Refunds Refunds 1,150.00 First Bank Visa 17,279.79 Freeway Tire Tires 4,664.16 Green Source Supplies 200.00 Hach Supplies 152.70 Highland Golf Parts 871.09 IWorq Renewal 4,500.00 Jackson Group Peterbilt Parts 139.64 Kallas Automotive Parts 1,796.20 Kickin Grass Services 60.00 Local Government Liability Pool Deductible 2,907.15 Mint Green Group Supplies 282.00 Morcon Industrial Supplies 132.55 Mountainland Supply Parts 569.75 Mountain West Business Supply Service Agreement/Equipment 21,437.69 Nalco Supplies 34,144.42 Primary Arms Parts 378.81 Quadient Contract 3,039.87 Reladyne Oil 286.17 Rhinehart Fuel 14,943.63 Rocky Mountain Power Utilities 18,294.70 Salt Lake Wholesale Sports Supplies 1,275.00 Shred-It USA Services 121.42 Shayne Stoakes Services 3,000.00 Taylor Made Golf Supplies 957.27 The Lumberyard Parts 301.84 Tom’s HVAC Services 1,753.40 USA Blue Book Supplies 157.08 Uinta County Jail Fees 2,870.00 Uinta County Herald Public Notices/Ads 2,069.08 Verizon Wireless Cell Phones 281.09 Walmart Supplies 762.32 Westar Printing Supplies 4,376.00 Western Wyoming Beverages Services 286.65 XO Xtreme Marketing Contract 21,116.67 Yamaha Motor Contract 4,900.49 The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Council Comments The Mayor and Council members spoke regarding traffic, losses within the community and patience due to road work challenges. Consent Agenda Limited Malt Beverage Permit requested by Queen City Saloon for the Big Boy Celebration to be held at the Roundhouse/Machine Shop on Wednesday, July 3rd, 2024, from 1:00 pm to 10:00 pm. Council member Hegeman recused herself. The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers. Street Closure Permit requested by Eli & Brandy Robinson for a neighborhood 4th of July Block Party on Thursday, July 4, 2024 on Sage Street between 4th Street and 5th Street, from 3:00 pm to midnight. Council member Perkes recused himself. The motion passed unanimously with 6 yes votes: Williams, Lynch, Lind, Welling, Sellers, Hegeman. Ordinance 24-03 Council member Lind moved, Council member Welling seconded, to pass Ordinance 24-03 on third and final reading. AN ORDINANCE APPROVING AND AUTHORIZING THE FINAL PLAT FOR THE GATEWAY ADDITION, LOCATED IN THE CITY OF EVANSTON, WYOMING, BEING MORE PARTICULARLY DESCRIBED HEREIN. 2  WHEREAS, the subdividers, Wyoming Horse Racing LLC and Porter's Property Holdings LLC, Wyoming limited liability companies, have made application to the governing body of the City of Evanston, Wyoming for approval and authorization of the proposed subdivision entitled the Gateway Addition, located within the City of Evanston, Wyoming; and WHEREAS, the City of Evanston finds that all of the requirements of Section 22, "Subdivision Regulations" of the Code of the City of Evanston, have been complied with, including notice of hearings and hearings thereof; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, THAT: Section 1. The final plat of the Gateway Addition is hereby approved, accepted and authorized and described in particularity as follows, to-wit: The "Gateway Addition" is a subdivision of part of the S ½ SE ¼ of Section 19, T15N, R120W, 6TH P.M., and Lot 3, Block 1 of the West Interchange Addition, located in the City of Evanston, Uinta County, Wyoming, said "Gateway Addition" being more particularly described as follows: BEGINNING at a point on the South line of said Section 19, said point of beginning lying S 89°46'27" W, 541.25 feet from the Southeast corner thereof, said point of beginning also being the Southeast corner of said Lot 3; thence S 89°46'27" W, 1262.23 feet along the South line of said Lot 3 and said South line of Section 19 to the Southerly right-of-way line of Prospector Drive; thence N 58°05'27" E, 306.31 feet along said Southerly right-of-way line; thence N 71°30'04" E, 1055.16 feet along said Southerly right-of-way line and the North line of said Lot 3 to the Northeast corner thereof; thence S 0°10'52" E, 491.73 feet along the East line thereof to the POINT OF BEGINNING. Said "Gateway Addition" containing 7.985 acres, more or less. Section 2. The Mayor and City Clerk of the City of Evanston are hereby authorized and directed to enforce the mandates of Chapter 22 of the Code of the City of Evanston, referring to the payment of necessary fees and land dedication requirements by the subdivider and the filing of the final plat with the County Clerk of Uinta County, Wyoming as by law required. PASSED AND APPROVED on Third and Final Reading this 4th day of June 2024. The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Ordinance 24-04 Council member Perkes moved, Council member Sellers seconded, to pass Ordinance 24-04 on second reading. AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING AMENDING SECTION 7-112 B., AND 7- 113, THE CODE OF THE CITY OF EVANSTON, WYOMING RELATING TO STORM WATER RUNOFF PLAN REVIEW AND DRAINAGE FEES OF THE CITY OF EVANSTON, WYOMING STORM WATER RUNOFF CONTROL ORDINANCE, PROVIDING FOR SETTING OF STORM WATER PLAN REVIEW AND DRAINAGE FEES BY RESOLUTION ADOPTED BY THE EVANSTON CITY COUNCIL. WHEREAS, Section 7-112 B and Section 7-113 of the City Code currently set plan review and drainage water fees for special building permits associated with storm water drainage at four hundred dollars ($400.00) per submittal and drainage fees based on a per acre basis; and WHEREAS, other development and planning fees are set by annual resolution of the City Council as part of the annual budget process; and WHEREAS, there is a need to amend Section 7-112 B and Section 7-113 A of the City Code to permit setting of storm water plan review and drainage water fees by resolution of the City Council to be consistent with other fee setting by the City; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: Section 7-112 B. of the Evanston City Code is amended and re-enacted to provide as follows: § 7-112 B. Drainage Plan review fee-Land development. B. The following fees will be levied against the development and shall be due and payable as follows: forty percent of the fee shall be paid prior to the approval of the preliminary drainage plan, and the remaining sixty percent of the review fee shall be paid prior to the approval of the final plat and final drainage plan. The review fees shall be set and established by the governing body of the City of Evanston in its annual budget resolution. Section 2: Section 7-113 of the Evanston City Code is amended and re-enacted to provide 3 as follows: § 7-113 Drainage water fee. This drainage water fee shall be imposed on all lands being developed within the present corporate limits and within one-half mile thereof either as a special building permit or as a land development. The revenues derived therefrom shall be used primarily, but not exclusively, for the development and construction of improvements to the existing storm water facilities and for the construction of additional needed storm water facilities, such as new, main interceptor lines, detention facilities, and disposal facilities to serve the developed areas. It is not the intent of this development fee to pay for the construction of on-site storm drainage facilities for any development, but to provide the major overall interceptor lines and detention facilities to serve the conglomeration of developments. A. Drainage water fee calculation. This drainage water charge shall be imposed upon all new developments and lands to be improved under special building permits in the City. This charge shall not be imposed upon any already developed land within the City or within one-half mile thereof at the time of the passage of this Part 7, which is November 4, 1982. The amount of said charge or fee shall be set and established by the governing body of the City of Evanston in its annual budget resolution. (1) For special building permits, the fee shall be set and established by the governing body of the City of Evanston in its annual budget resolution per acre if the amount of discharge is not limited by on-site detention; (2) For special building permits, the fee shall be set and established by the governing body of the City of Evanston in its annual budget resolution per acre if the discharge of storm drainage waters for the development is limited to or less than 0.20 of a cfs per acre during a one-hundred-year design storm event. (3) For land development, the fee shall be set and established by the governing body of the City of Evanston in its annual budget resolution per acre multiplied by the "Weighted Runoff Coefficient" as determined by Section 7-104A, Rational Method, if the amount of discharge is not limited by on-site detention. The weighted runoff coefficient shall not be less than 0.2. (4) For land development, the fee shall be set and established by the governing body of the City of Evanston in its annual budget resolution per acre if the discharge of storm drainage waters for the development is limited to or less than 0.20 cfs per acre, during a one-hundred-year design storm event and provided the City engineer approves on-site detention for the development. On-site detention shall comply with the City of Evanston stormwater master plan. In computing the area of any tract of land for purposes of applying such fee, the area of any existing public street, alley way, or any canal, irrigation lateral, or natural waterway shall be deducted. The amount of said charge or fee may be changed from time to time by the governing body. Section 3: This ordinance shall be effective on passage on third and final reading. PASSED AND APPROVED on Second Reading this 4th day of June 2024. ____________________________________ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Ordinance 24-05 Council member Lynch moved, Council member Welling seconded, to pass Ordinance 24-05 on second reading. AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING AMENDING SECTION 7-71 C., THE CODE OF THE CITY OF EVANSTON, WYOMING RELATING TO GRADING PERMIT FEES OF THE GENERAL REQUIREMENTS OF THE CITY OF EVANSTON, WYOMING EROSION CONTROL ORDINANCE, PROVIDING FOR SETTING OF GRADING PERMIT FEES BY RESOLUTION ADOPTED BY THE EVANSTON CITY COUNCIL. WHEREAS, Section 7-71 C of the City Code currently sets grading permit fees at ten dollars ($10.00) per acre; and WHEREAS, other development and planning development fees are set by annual resolution of the City Council as part of the annual budget process; and WHEREAS, there is a need to amend Section 7-71 C of the City Code to permit setting of grading permit fees annually by resolution of the City Council to be consistent with other fee setting by the City; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: Section 7-71 C. of the Evanston City Code is amended and re-enacted to provide as follows: 4 ' 7-71. General Requirements. C. Grading permit fee. A fee for each grading permit shall be paid to the City based on the size of the area undergoing earthwork. The fee shall cover the costs of the review by the City engineer of the grading plan. The fee shall be set and established by the governing body of the City of Evanston in its annual budget resolution. The fee shall be levied against the property prior to issuance of the grading permit. Section 2: This ordinance shall be effective on passage on third and final reading. PASSED AND APPROVED on Second Reading this 4th day of June 2024. ____________________________________ 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 24-30 Council member Lynch introduced Resolution 24-30. Council member Lynch moved, Council member Sellers seconded, to adopt Resolution 24-30. A RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING THE EXECUTION OF A SERVICE AGREEMENT WITH iWORQ TO PROVIDE THE CITY WITH SOFTWARE SERVICES FOR THE PUBLIC WORKS DEPARTMENT. WHEREAS, the City of Evanston previously acquired software services from iWorQ regarding citizen engagement in online application, permitting and licensing activities with the City=s Public Works Department and which permit the Department to update address and ownership information of parcels receiving City services; and WHEREAS, the City of Evanston has a need to acquire additional software services from iWorQ regarding notification services from a GIS map inside iWorQ, publish the City’s WMS layers in iWorQ Community Development applications via Rest Services and provide updated property details monthly; and WHEREAS, iWorQ has submitted a quote to provide the software necessary to enable the City to provide the services; 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, on behalf of the City of Evanston, the Service Agreement with iWorQ, a copy of which is attached hereto as Appendix “1”, to provide software services which will enable citizens to engage in online application, permitting and licensing activities with the City=s Public Works Department. PASSED, APPROVED AND ADOPTED this 4th day of June 2024. ____________________________________ 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 24-31 Council member Perkes introduced Resolution 24-31. Council member Perkes moved, Council member Welling seconded, to adopt Resolution 24-31. A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH AARP FOR A COMMUNITY CHALLENGE GRANT TO FUND THE INSTALLATION OF CONCRETE OUTDOOR GAME TABLES INCLUDING FOOSBALL, PING PONG AND CHECKERS/CHESS IN DOWNTOWN EVANSTON. WHEREAS, the Governing Body for the City of Evanston previously authorized a grant application to AARP to obtain funds for a more dynamic depot square and railyards through the placement of concrete and steel ping pong/tennis table, foosball table and a sycamore chess table in the city’s Depot Square and 5 Railyard areas.; and WHEREAS, AARP determined the application met the criteria for funding of the request under the Community Challenge Grant Program; and, WHEREAS, AARP has awarded the City a grant to fund the placement of concrete and steel ping pong/tennis table, foosball table and a sycamore chess table and has submitted a Memorandum of Understanding for use of the grant funds and reporting requirements for the funding; and WHEREAS, the Governing Body of the City of Evanston recognizes the need for the funds and use of the funds as applied for; 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 enter into a Community Challenge Grant Memorandum of Understanding with AARP to fund the placement of concrete and steel ping pong/tennis table, foosball table and a sycamore chess table pursuant to the terms and conditions set forth in the attached Agreement attached hereto as Appendix “1”. Section 2: The Mayor is authorized to execute the Memorandum of Understanding on behalf of the City of Evanston. PASSED, APPROVED AND ADOPTED this 4th day of June 2024. ____________________________________ 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 24-32 Council member Lynch introduced Resolution 24-32. Council member Lynch moved, Council member Welling seconded, to adopt Resolution 24-32. A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EVANSTON, WYOMING POLICE DEPARTMENT AND THE UNITED STATES SECRET SERVICE PERTAINING TO TRAINING AND AVAILABILITY OF LAW ENFORCEMENT FOR LARGE SCALE CYBER-ATTACKS. WHEREAS, the United States Secret Service (Secret Service) is tasked with, among others, the duty of investigating and enforcing cyber fraud through Cyber Fraud Task Forces; and WHEREAS, the Secret Service is authorized to fund the payment of certain overtime expenditures, travel, fuel, training, equipment, and other similar costs of State and Local law enforcement officers involved in joint operations with the Secret Service; and WHEREAS, the Evanston Police Department and some of its officers and employees may from time-to-time be called upon to assist the Secret Service in the event of a large-scale cyber-attack against a sector of the Critical Infrastructure within the City and the officers may require access into the Denver Field Office's Digital Evidence Forensic Lab (DEFL); and WHEREAS, it is in the best interests of the citizens of the City the Wyoming to execute a Memorandum of Understanding with the Secret Service regarding the services to be provided; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The City of Evanston, Wyoming is hereby authorized to enter into a Memorandum of Understanding with the Unites States Secret Service to fund the payment of certain overtime expenditures, travel, fuel, training, equipment, and other similar costs of the Evanston Police Department involved in joint operations with the Secret Service. Section 2: The Chief of Police is hereby authorized to execute, on behalf of the City of Evanston, the Memorandum of Understanding, a copy of which is attached hereto as Appendix “1”. PASSED, APPROVED AND ADOPTED this 4th day of June 2024. 6  ____________________________________ 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 24-33 Council member Perkes introduced Resolution 24-33. Council member Perkes moved, Council member Welling seconded, to adopt Resolution 24-33. A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH PIONEER COUNSELING SERVICES, INC. WHEREAS, City owns real property, located within part of the NW1/4 of Section 21, T15N, R120W, Uinta County, Wyoming; and WHEREAS, Pioneer owns real property, located on Lots 2-5 and part of Lot 6 and an abandoned alley within the Snowden Addition to the City of Evanston, Uinta County, Wyoming; and WHEREAS, Pioneer desires to license access rights and install a fence and gate on City’s property, and City is willing to grant a license to Pioneer for such purposes; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The Mayor and City Clerk are hereby authorized to execute a License Agreement with Pioneer Counseling Services, Inc. according to the terms and conditions of Appendix “1” attached hereto. PASSED, APPROVED AND ADOPTED this 4th day of June 2024. ____________________________________ 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 24-34 Council member Welling introduced Resolution 24-34. Council member Welling moved, Council member Perkes seconded, to adopt Resolution 24-34. A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, DESIGNATING THE UPGRADE AND ACQUISITION OF A BAILER FOR USE BY UINTA RECYCLING, INC. AS A ROUNDUP PROJECT. WHEREAS, in 1989 the City created the Roundup Program as a means of generating funds to be used for community projects; and WHEREAS, funds are generated by the Roundup Program because it allows citizens to round-up the payment of their utility bills to the next dollar; and WHEREAS, in 2004, a group of citizens organized Uinta Recycling, Inc., a nonprofit corporation, for, among other purposes, establishment and operation of a community solid waste recycling collection center, and in conjunction with that center, the provision of educational materials and programs concerning recycling and conservation; WHEREAS, Uinta Recycling operates primarily from a facility owned by the City of Evanston, and the City has, in the past, entered an agreement with Uinta Recycling for the nonprofit corporation to provide community services in exchange for reduced rent or access to recycling equipment, including a cardboard compactor; and WHEREAS, Uinta Recycling now proposes to expand its recycling efforts to include a bailer for plastic products; and 7  WHEREAS, to assist in the fund-raising efforts, the City hereby designates the upgrade and acquisition of a bailer for use by Uinta Recycling at the recycling facility as the Roundup Project; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The City of Evanston hereby authorizes and designates the upgrade and acquisition of a bailer for plastic products for use by Uinta Recycling at the recycling facility as the Roundup project to assist in raising funds for the upgrade and acquisition of the bailer. Section 2: This Resolution shall be effective for the first utility billing cycle of the 2024-2025 fiscal year and shall act as a repeal of any prior Roundup Project Resolutions previously adopted by the City in conflict herewith. PASSED, APPROVED AND ADOPTED this 4th day of June 2024. ____________________________________ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman. Public Comments Speaking to Council was: Rick Eskelson speaking on the Water Tower, Shane Wright speaking on Historic Preservation and the Big Boy Celebration. Adjournment With no further business to be conducted at this time Mayor Williams adjourned the meeting at 6:18 p.m. Kent H. Williams, Mayor Diane Harris, City Clerk 8