City Council

EVANSTON CITY COUNCIL Second Regular Meeting October 15th, 2024 The official record of proceedings of the second regular meeting of the Evanston City Council for the month of October was held in the Council Chambers of City Hall on the above date. These proceedings were video recorded and streamed live. Council President Perkes led those in attendance in the Pledge of Allegiance to the Flag. The roll was called and with a quorum being present, Council President Perkes 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: Council members, Tim Lynch, Jesse Lind, Evan Perkes, Mike Sellers and Jen Hegeman. Mayor Williams and Dave Welling appeared via teleconference call. Staff members present at the start of the meeting were: City Attorney/Prosecutor, Mark Harris; City Clerk, Diane Harris; Police Chief, Mike Vranish; City Treasurer, Trudy Lym; Golf Professional, Scott Ehlers; City Engineer, Damon Newsome; Information Technology Coordinator, Preston Sheets and Community Development Director, Rocco O’Neill. Public Works Director, Gordon Robinson was excused. A group of interested citizens was also present. Approve Agenda Council member Lind moved, Council member Lynch seconded to approve the agenda with the removal of Ordinance 24-08. The motion passed unanimously with 7 yes votes Lynch, Lind, Perkes Sellers, Hegeman, Willliams and Welling. Approve Minutes The official record of proceedings for the City Council Meeting held October 1st, 2024, and City Council Work Session held October 8th, 2024 was approved as presented. Bills Council member Lind moved, Council member Sellers seconded, to approve the following bills for payment: Oct 02, 2024 to Oct 15, 2024 VENDOR FOR AMOUNT AXA Equivest Payroll 188.00 Beneficial Life Payroll 150.00 Delta Dental Payroll 8,445.55 Evanston Peace Officers Payroll 232.00 Flexshare Payroll 2,828.85 IRS Tax Deposit Payroll 50,553.40 NCPERS Payroll 96.00 Orchard Trust Payroll 2,516.10 Parks & Recreation Payroll 143.75 The Hartford Payroll 222.90 Washington National Insurance Payroll 472.60 WEBT Payroll 205,365.66 Wyoming Child Support Payroll 264.92 Wyoming Dept of Workforce Services Payroll 8,099.83 Wyoming Retirement Payroll 77,542.98 Payroll 09/08/2024 – 09/21/2024 Payroll 161,749.22 All West Phones/Internet 2,848.39 Artistic Sign Design Services 998.00 Atkinson Sound Services 958.00 Caselle Support/Maintenance 2,439.00 Cazin’s Parts 1,787.03 CCI Network Utilities 83.12 CD’s Electric Services 513.39 Century Link Utilities 2,912.02 Chemtech-Ford Laboratories Testing 319.10 City of Evanston Utilities 4,742.26 Court Bonds Refunds 1,850.00 Deposit Refund Refunds 776.44 Deru’s Glass Services 1,071.60 Dominion Energy Utilities 3,160.75 1 Ellingford Bros Parts 4.70 Evanston Chamber of Commerce Contract 10,388.00 Evanston Parks & Recreation City Subsidy/Reimbursement 183,076.45 Evanston Regional Hospital Testing 82.46 Tammy Fields Services 1,000.00 First Bank Visa 16,153.71 Geneva Rock Asphalt 580.35 Great Basin Turf Supplies 11,760.00 Gregco Contract 4,225.00 Heartland Kubota Parts 62.68 Insane Impact Contract 2,500.00 Jackson Group Peterbilt Parts 1,410.60 J-Comm Equipment 11,883.35 Kallas Automotive Parts 1,273.53 Kickin Grass Services 60.00 Local Government Liability Insurance Deductible 2,265.00 Maxfield Construction Contract 290,636.68 Morcon Industrial Parts 1,270.24 Mountain Alarm Fire Services 2,338.50 Mountainland Power Equipment Equipment 30,065.00 Mountainland Supply Parts 3,337.64 Mountain West Business Solutions Services Agreement 228.64 Murdochs Parts 333.66 National Assoc of Field Training Officers Registration 375.00 Neverest Equipment Parts 6,062.84 Lubia Olivas Services 100.00 One-Call of Wyoming Line Locates 130.50 Ovivo USA Parts 478.16 Pops Privy Services 240.00 Real Kleen Janitorial Supplies 2,967.85 Rhinehart Fuel 13,563.31 Rocky Mountain Power Utilities 39,021.27 Rogue Services Equipment 3,800.00 Shred-It USA Services 128.46 Sidewalk Reimbursements Reimbursement 2,850.00 Tanner Development Contract 532,026.90 The Bugnappers Services 1,683.00 Titleist Supplies 468.12 Traffic Logix Contract 10,400.00 Uinta CDJR Equipment 58,478.42 Uinta County Herald Public Notices/Ads 877.15 Uinta County Solid Waste Landfill Fees 34,358.40 Urban Renewal Agency Reimbursement 150.00 WWQ & PCA Registration 375.00 Walmart Supplies 532.89 Wright Express Fuel 1,560.80 Wyoming Department of Transportation Contract 28,975.71 Wyoming Department of Revenue Sales/Use Tax 1,864.58 Wyoming Waste Systems Dumpster Fee 83.03 The motion passed unanimously with 7 yes votes Lynch, Lind, Perkes Sellers, Hegeman, Williams and Welling. Council Comments Council members spoke about getting prepared for the cold weather, condolences to Public Works for the loss of an employee, reminder to be mindful of the people around you and caring for the Veterans. Public Hearing/Microbrewery Permit Council member Lind moved, Council member Sellers seconded to remove from the table the Public Hearing and Motion to approve a Microbrewery Permit for Shades of Pale, Inc., dba: Shades Brewing located at 1512 Main Street. A public hearing was held and interested parties provided comments to the Council. With no further comments, the Hearing was closed. Council member Sellers moved, Council member Lind seconded to approve a Microbrewery Permit for Shades of Pale, Inc., dba: Shades Brewing located at 1512 Main Street, subject to approval from the State Liquor Commission. The motion passed unanimously with 7 yes votes Lynch, Lind, Perkes Sellers, Hegeman, Williams and Welling. 2  Consent Agenda Council member Lind moved, Council member Sellers seconded, to approve the following Consent Agenda items: Street Closure Permit requested by Downtown Evanston for the Annual Hunters’ Widows Night Out on Thursday, October 17th, 2024, on Main Street, from 7th Street to Harrison Drive, from 4:45 pm to 8:00 pm. Street Closure Permit requested by Downtown Evanston for the Annual Downtown Trick-or-Treating on Thursday, October 31st, 2024, on Main Street from 7th Street to Harrison, from 3:45 pm to 6:00 pm. The motion passed unanimously with 7 yes votes Lynch, Lind, Perkes Sellers, Hegeman, Williams and Welling. Resolution 24-65 Council member Sellers introduced Resolution 24-65. Council member Sellers moved, Council member Lind seconded, to adopt Resolution 24-65. A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING AUTHORIZING AND PLEDGING SUPPORT FOR WYOMING HORSE RACING’S APPLICATION FOR MASTER PLAN AMENDMENT BEFORE THE WYOMING GAMING COMMISSION RELATING TO ITS FACILITY IN EVANSTON, WYOMING. WHEREAS, Wyoming Horse Racing (WHR) has received approval of and recorded a final plat of the “Gateway Addition” to the City of Evanston, Wyoming and has submitted engineering and construction plans for development of the property as a subdivision; and WHEREAS, WHR is in the process of grading and underground utility installation for its development; and WHEREAS, WHR has provided information to the Evanston City Council of its desire to approach the Wyoming Gaming Commission with a plan to expand the proposed facility to be constructed as part of the development to house an added restaurant, a small theater, 200 room hotel and adding space for an additional 736 HHR terminals; and WHEREAS, Council understands the potential prospects of this development project and related economic benefit Evanston would receive from the construction dollars spent, creation of short-term construction jobs, addition of over 300 permanent jobs, and generation of over $2 million tax dollars the City annually; and WHEREAS, the City of Evanston has determined the benefits of the expanded facility will support the economic development of the community; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING AS FOLLOWS: Section 1. The expansion of WHR’s development will create additional employment opportunities and tax and other revenue of the City of Evanston, Wyoming and overall economic development by promoting a specific touristic project is encouraged and supported by the governing body. Section 2. The Mayor is hereby authorized to send a letter of support for WHR’s master plan amendment to the Wyoming Gaming Commission as attached hereto. PASSED, APPROVED AND ADOPTED this 15th day of October 2024. ____________________________________ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 7 yes votes Lynch, Lind, Perkes Sellers, Hegeman, Williams and Welling. Resolution 24-66 Council member Lind introduced Resolution 24-66. Council member Lind moved, Council member Sellers seconded, to adopt Resolution 24-66. A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE ACCEPTANCE OF A PROPOSAL AND THE EXECUTION OF A MEMORANDUM OF AGREEMENT WITH CONDREY AND ASSOCIATES, INC. TO REVIEW THE CITY OF EVANSTON EMPLOYEE COMPENSATION PLAN. 3  WHEREAS, in 2018, the City of Evanston solicited a proposal for, and entered an agreement regarding, the City=s classification and compensation system for city employees; and WHEREAS, the governing body for the City of Evanston has determined there is a need to review the city=s compensation system for city employees due to inflation and other factors which may affect compensation; and WHEREAS, Condrey and Associates, Inc. has submitted a proposal to the City whereby it would conduct a study to review the City’s compensation plan for city employees; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The Mayor and City Clerk are authorized to sign and attest the attached Memorandum of Agreement with Condrey and Associates Inc to conduct a review of the compensation plan for city employees according to the terms of Appendix “1” attached hereto. PASSED, APPROVED AND ADOPTED this 15th day of October 2024. ____________________________________ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 7 yes votes: Lynch, Lind, Perkes Sellers, Hegeman, Williams and Welling. Resolution 24-67 Council member Lind introduced Resolution 24-67. Council member Lind moved, Council member Sellers seconded, to adopt Resolution 24-67. A RESOLUTION OF THE CITY OF EVANSTON, WYOMING, RATIFYING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE BOARD OF COUNTY COMMISSIONERS OF LINCOLN, UINTA AND SWEETWATER COUNTIES OF WYOMING AND CITIES AND TOWNS LOCATED THEREIN REGARDING IMPACT ASSISTANCE FUNDS ASSOCIATED WITH CONSTRUCTION OF THE PROPOSED DRY CREEK TRONA PROJECT LOCATED NEAR GREEN RIVER, SWEETWATER COUNTY, WYOMING. WHEREAS, on September 4, 2024, Pacific Soda, LLC submitted to the Wyoming Department of Environment Quality, Industrial Siting Division and the Wyoming Industrial Siting Council a Permit Application pursuant to W.S. § 35-12-109 to construct and operate the Dry Creek Trona Project (hereinafter referred to as “Project”); and WHEREAS, the Project is located in two (2) distinct locations within Sweetwater County: one location is for the Solution Mine Surface Operations/Well Field and the second location is for the Processing/Refining area. The Mine Site is comprised of the Well Field, Solution Mining Pump Station Area, Surge Pond, Low TA Pond, and Landfill and is located approximately twenty (20) miles southwest of Green River, Wyoming. The Processing Facilities comprised of the Refinery, Cogeneration Facility, Calcining and Caustic Production Facility (co-located with the Refinery), Emergency Purge Pond, Landfill, Salt Storage, and a Rail Loop is located approximately eight (8) miles west of Green River, Wyoming. Transportation corridors and infrastructure features will cross a combination of private, state, and BLM lands; and WHEREAS, the Wyoming Industrial Development Information and Siting Rules and Regulations define the phrase “area or local government primarily affected by the proposed industrial facility” as “[a]ny defined geographical area in which the construction or operation of the industrial facility may significantly affect the environment, population, level of economic well-being, level of social services, or may threaten the health, safety or welfare of present or expected inhabitants” and includes in the definition “[a]ny such county, incorporated municipality, school district, or combination thereof formed under Wyoming Joint Powers Act,” Chapter 1, Section 2(b), Wyoming Department of Environmental Quality, Administrative Rules and Regulations; and WHEREAS, Pacific Soda’s application or the Wyoming Department of Environmental Quality, Industrial Siting Division identified and determined the local governments considered primarily affected by the proposed project include the “Parties” to this MOU; and WHEREAS, Pacific Soda LLC’s application recommended that the local governments considered primarily affected by the proposed project agree to enter a memorandum of understanding regarding the impacts faced by local governments from the Project; and WHEREAS, the affected local governments desire to enter an agreement to determine an amount of and schedule for payment of impact assistance funds for the Project; and 4  WHEREAS, the affected local governments, including the City of Evanston, through their commissioner(s), mayors, administrators or legal counsel met to discuss the schedule and payment of impact assistance funds for the Project on September 27, 2024 for submission to the Wyoming Department of Environmental Quality, Industrial Siting Division on October 4, 2024; and WHEREAS, the governing body for the City has determined that it is in the public=s interest for the City to enter into a Memorandum of Understanding with other affected local governments reflecting an amount and schedule for payment of impact assistance funds; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The Mayor’s execution, and the City Clerk’s attestation, on behalf of the City of Evanston, the Memorandum of Understanding between the City of Evanston, the County Commissioners of Lincoln, Uinta, and Sweetwater Counties of Wyoming and cities and towns located therein, regarding an amount and schedule for payment of impact assistance funds, a copy of which is attached hereto as Appendix “1” are hereby ratified and confirmed. PASSED, APPROVED AND ADOPTED this 15th day of October 2024. ____________________________________ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 7 yes votes Lynch, Lind, Perkes Sellers, Hegeman, Williams and Welling. Resolution 24-68 Council member Sellers introduced Resolution 24-68. Council member Sellers moved, Council member Lynch seconded, to adopt Resolution 24-68. A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF A RESTATED REAL ESTATE LEASE AND MEMORANDUM OF LEASE WITH SHADES OF PALE, INC., A UTAH CORPORATION. WHEREAS, the governing body of the City of Evanston recognizes that it benefits the community to provide for economic development in the City of Evanston; and WHEREAS, Shades of Pale Inc. (“Shades”) is in the business of manufacturing and marketing beer, spirits, and ciders and desires to relocate its operation to Evanston, Wyoming, if certain development conditions can be met; and WHEREAS, the City and Shades have entered into a Development Agreement for construction and improvements to Section 4 of the Historic Roundhouse; and WHEREAS, a long-term lease of said Section allows for the continued use and benefit of said property currently being unused; and WHEREAS, on or about February 2, 2023, the City Council approved a long-term lease of said Section 4 and the City and Shades executed a Real Estate Lease approved; and WHEREAS, Shades has submitted an application to the City for a Microbrewery Permit, and pursuant to Wyoming State Liquor Division review, the Real Estate Lease previously approved is required to be amended to address a street address for the permitted premises, commencement date of the Lease and inclusion of a specific provision permitting Shades to sell alcohol and/or malt beverages on the leased premises, thus requiring the Real Estate Lease to be amended; and WHEREAS, a Memorandum of Lease, reflecting the existence of the Restated Real Estate Lease should be executed and recorded in the office of the Uinta County Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The City of Evanston hereby approves and authorizes the Restated Real Estate Lease of the real property described in the attached Restated Real Estate Lease to Shades of Pale, Inc., a Utah corporation, subject to the terms and conditions as set forth in said Restated Real Estate Lease. Section 2: The Mayor and City Clerk are authorized to sign and attest the attached Restated Real Estate Lease with Shades of Pale, Inc., a Utah corporation, to provide for economic development within the City of Evanston and the attached Memorandum of Lease for recording with the Uinta County Clerk. 5  PASSED, APPROVED AND ADOPTED this 15th day of October 2024. ____________________________________ Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk The motion passed unanimously with 7 yes votes Lynch, Lind, Perkes Sellers, Hegeman, Williams and Welling. Department Comments Scott Ehlers, Evanston Golf Club Professional commented on a letter to the editor in the Uinta County Herald. Public Comments Michael D. Slaughter responded to Scott Ehlers’s comments. Adjournment With no further business to be conducted at this time Council President Perkes adjourned the meeting at 6:29 p.m. Kent H. Williams, Mayor Diane Harris, City Clerk 6