City Council

CITY COUNCIL AGENDA JULY 21st, 2026 CITY COUNCIL CHAMBERS, CITY HALL 5:30 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVE AGENDA ACKNOWLEDGE CITY COUNCIL MINUTES FOR JULY 7th, 2026 AND CITY COUNCIL WORK SESSION MINUTES FOR JULY 14TH, 2026. APPROVE BILLS COUNCIL COMMENTS PUBLIC HEARINGS/SPECIAL ORDER CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion of any item is desired, that item will be removed from the Consent Agenda and considered separately. • Street Closure Permit requested by Rachel Reifon for an After Brewfest Party on Saturday, July 25, 2026 on Main Street from 9th Street to 10th Street, from 5:00 pm to 1:00 am. • Street Closure requested by Victoria Lamb of First Bank of Wyoming for a Customer Appreciation Day Event on Friday, August 7th, 2026, on 10th Street, from Main Street to Center Street; from 8:00 am to 3:00 pm. • Limited Malt Beverage Permit requested by Gabriela Blevins for the VFW Softball Tournament at the Overthrust Ballfields for the following dates and times: Friday, August 14th, 2026 12:00 pm to 11:59 pm Saturday, August 15th, 2026 8:00 am to 11:59 pm Sunday, August 16th, 2026 8:00 am to 7:00 pm • Limited Malt Beverage Permit requested by the Evanston Chamber of Commerce for the Water Lantern Festival to be held at Bear Ponds on Saturday, August 22nd, 2026, from 6:00 pm to 9:30 pm. • Street Closure Permit requested by the Evanston Chamber of Commerce for the Water Lantern Festival to be held at Bear Ponds on Saturday, August 22nd, 2026, to close the road at the overpass to the Bear Ponds from 4:00 pm to 10:00 pm. UNFINISHED BUSINESS NEW BUSINESS • RESOLUTION 26-27 A Resolution of the City of Evanston, Wyoming, authorizing the execution of a contract with the State of Wyoming, office of the Attorney General, Division of Criminal Investigation for the assignment of an Evanston Police Department Officer as a Task Force Officer to the High Intensity Drug Trafficking Area Program. • RESOLUTION 26-28 A Resolution of the Governing Body of the City of Evanston, Wyoming authorizing the acceptance of a proposal from Foster & Foster Consulting Actuaries, Inc. to provide the City an Actuarial Report and GASB 75 disclosure C:\DATA\WP\FORMS-ACTIVE\001-03_CNCLAGENDA1.FRM  information for fiscal years ending June 30, 2026 and June 30, 2027. • RESOLUTION 26-29 A Resolution of the governing body of the City of Evanston, Wyoming, deferring the construction and provision of required off-street parking spaces for the development of Boardwalk Industries located at 230 Bear River Drive. • RESOLUTION 26-30 A Resolution of the governing body of the City of Evanston, Wyoming, deferring the construction and provision of required off-street parking spaces for the development of Boardwalk Industries located at 339 Wasatch Road. • RESOLUTION 26-31 A Resolution of the City of Evanston, Wyoming, authorizing the execution of a Subdivider Agreement with Rockport Rocks LLC for the phased completion of improvements for Twin Ridge Subdivision No 4 – Phase 3. • ORDINANCE 26-05 An Ordinance of the City of Evanston, Wyoming relating to the regulation of smoking and vaping in public places; amending and adopting provisions of Chapter 10 of the Code of the City of Evanston, Wyoming relating to definitions to include electronic smoking devices and vaping. (First Reading) COMMENTS, REMARKS FROM DEPARTMENTS PUBLIC PARTICIPATION ADJOURNMENT C:\DATA\WP\FORMS-ACTIVE\001-03_CNCLAGENDA1.FRM  EVANSTON CITY COUNCIL First Regular Meeting July 7th, 2026 The official record of proceedings of the first meeting of the Evanston City Council for the month of July was held in the Council Chambers of City Hall on the above date. 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, Henry Schmidt, Evan Perkes, Dave Welling, Mike Sellers, Jen Hegeman. Jesse Lind 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; City Engineer, Damon Newsome; Director of Parks and Recreation, Kim Larson; Community Development Director, Rocco O’Neill; Police Chief, Mike Vranish and Police Lieutenant, Ken Pearson. City Treasurer, Trudy Lym was excused. A group of interested citizens was also present. Approve Agenda Council member Welling moved, Council member Schmidt seconded, to approve the agenda. The motion passed with 6 yes votes: Williams, Schmidt, Perkes, Welling, Sellers, Hegeman. Approve Minutes The official record of proceedings for the City Council Meeting held June 16th, 2026 and a Special City Council Meeting held June 30th, 2026 were approved as presented. Bills Council member Perkes moved, Council member Sellers seconded, to approve the following bills for payment: June 30, 2026 to July 07, 2026 VENDOR FOR AMOUNT Axa Equivest Payroll 188.00 Beneficial Life Payroll 150.00 Delta Dental Payroll 8,579.25 Evanston Peace Officers Payroll 248.00 Health Equity Payroll 2,871.66 IRS Payroll 58,447.89 NCPERS Payroll 96.00 Orchard Trust Payroll 3,803.32 Parks & Recreation Payroll 192.58 The Hartford Payroll 228.40 Washington National Payroll 472.60 WEBT Payroll 235,276.34 Wyoming Child Support Payroll 803.81 Payroll 06/14 – 07/02 Payroll 185,504.11 Brite Supplies 1,308.00 Cazin’s Supplies 88.26 Chemtech-Ford Laboratories Testing 1,432.00 City of Evanston Utilities 5,106.36 Concrete Conservation Liners 30,350.00 Facility Refunds Refund 1,050.00 Gladiator Materials Concrete 5,230.50 Holland Equipment Equipment 12,717.06 IWORQ Software 9,250.00 Kallas Automotive Parts 686.23 Mid-American Research Supplies 880.49 Morcon Industrial Supplies 629.04 Mountainland Supply Parts 260.54 Murdochs Supplies 33.97 Pye Barker Fire Safety Services 2,093.00 Rising Industry Parts 3,323.00 Rogue Services Parts 21,200.00 Thatcher Supplies 7,766.40 The Lumberyard Supplies 59.98 Total Valve Systems Parts 1,241.05 Wright Express Fuel 1,304.26 The motion passed with 6 yes votes: Williams, Schmidt, Perkes, Welling, Sellers, Hegeman. 1  Council Comments Council members inquired about the vaping ordinance. A shout out was given to Jesse Hawkins, Facilities Supervisor, for his work in getting the Watermelon Bust organized at the Fresh Air, Freedom and Fun Festival. A shout out to Evanston Parks and Rec for the Festival, and to Porters Fireworks for the amazing fireworks display. A reminder was given to keep Service Members in our thoughts. Consent Agenda Council member Welling moved, Council member Schmidt seconded, to approve the following Consent Agenda Item: Limited Malt Beverage Permit requested by Tammy Staley of Evanston Chamber of Commerce for Brewfest at Depot Square - 920 Front Street, on Saturday, July 25th, 2026 from 12:00 p.m. to 5:00 p.m. The motion passed with 6 yes votes: Williams, Schmidt, Perkes, Welling, Sellers, Hegeman. RESOLUTION 26-24 Council member Sellers introduced Resolution 26-24. Council member Sellers moved, Council member Hegeman seconded, to adopt Resolution 26-24. A RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AMENDING THE 2026-2027 FISCAL YEAR FEE SCHEDULE TO DECREASE THE MOBILE VENDOR FEE FROM $100.00 TO $50.00 WHEREAS, the City of Evanston, Wyoming has adopted a Fee Schedule for the 2026-2027 fiscal year, which Fee Schedule includes a Mobile Vendor Fee currently set at $100.00; and WHEREAS, the Governing Body has determined and finds that the current $100.00 Mobile Vendor Fee may unduly overburden local business owners and operators who also own or operate mobile vending equipment in connection with their established businesses; and WHEREAS, the Governing Body finds that it is in the best interest of the City of Evanston and its local business community to amend the 2026-2027 Fiscal Year Fee Schedule to decrease the Mobile Vendor Fee from $100.00 to $50.00; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The Governing Body hereby finds and determines that the current $100.00 Mobile Vendor Fee set forth in the 2026-2027 Fiscal Year Fee Schedule may unduly overburden local business owners and operators who also own or operate mobile vending equipment, and that a decrease in said fee is appropriate and in public interest. Section 2: The 2026-2027 Fiscal Year Fee Schedule of the City of Evanston, Wyoming is hereby amended to decrease the Mobile Vendor Fee from $100.00 to $50.00, effective on the date of passage of this Resolution. Section 3: All other fees, charges, and provisions set forth in the 2026-2027 Fiscal Year Fee Schedule not specifically amended herein shall remain in full force and effect. PASSED, APPROVED AND ADOPTED this 7th day of July 2026. CITY OF EVANSTON, WYOMING Mayor Kent Williams Attest: ______________________________________ Diane Harris, City Clerk The motion passed with 6 yes votes: Williams, Schmidt, Perkes, Welling, Sellers, Hegeman. RESOLUTION 26-25 Council member Welling introduced Resolution 26-25. Council member Welling moved, Council member Perkes seconded, to adopt Resolution 26-25. A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM PORTER, MUIRHEAD, CORNIA & HOWARD TO PROVIDE THE CITY AUDIT SERVICES FOR THE FISCAL YEAR ENDING JUNE 30, 2026. WHEREAS, it is necessary for the City of Evanston to obtain a financial audit each and every year; WHEREAS, Porter, Muirhead, Cornia & Howard has submitted a proposal to the City of Evanston to perform the financial audit and related nonattest services described in the attached engagement letter for the year ending on June 30, 2026; WHEREAS, the governing body has determined that acceptance of the proposal is in the public’s 2 interest; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The proposal from Porter, Muirhead, Cornia & Howard to perform the financial audit and related nonattest services described in the attached engagement letter for the City of Evanston for the year ending on June 30, 2026 is hereby accepted in an amount not to exceed $118,500.00. Section 2: The City Treasurer is hereby authorized to sign all documents necessary to accept the proposal from Porter, Muirhead, Cornia & Howard, a copy of which is attached hereto, to provide the audit services and is hereby designated as the City representative to oversee nonattest work under the proposal and engagement of Porter, Muirhead, Cornia & Howard regarding the scope of services thereunder. PASSED, APPROVED AND ADOPTED this 7th day of July 2026. Mayor Kent Williams Attest: _____________________________ Diane Harris, City Clerk The motion passed with 6 yes votes: Williams, Schmidt, Perkes, Welling, Sellers, Hegeman. RESOLUTION 26-26 Council member Sellers introduced Resolution 26-26. Council member Sellers moved, Council member Welling seconded, to adopt Resolution 26-26. A RESOLUTION APPROVING AND AUTHORIZING THE FINAL PLAT FOR THE MILLER ADDITION, A SUBDIVISION WITHIN THE CITY OF EVANSTON, WYOMING AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Richard L. Miller Properties, LLC (the Subdivider), has made application to the governing body of the City of Evanston, Wyoming for approval and authorization of the proposed subdivision entitled the Miller 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 Miller Addition is hereby approved, accepted, and authorized and described in particularity as follows, to-wit: "Miller Addition" to the City of Evanston, Uinta County, Wyoming, is part of the Southeast Quarter of Section 19, Township 15 North, Range 120 West, 6th P.M. described as follows: Beginning at the Southeast Corner of Section 19, Township 15 North, Range 120 West, 6th P.M.; Thence S89°46'27"W 541.26 feet (N89°38'40"W B.M.) along the South line of said Section; Thence N0°10'52"W 491.73 feet (N0°24'01"E B.M.) to the South right-of-way line of Prospector Drive; Thence N71°30'04"E 570.14 feet (N72°04'57"E B.M.) along said right-of-way line to the East line of said Section; Thence S0°10'52"E 670.49 feet (S0°24'01"W B.M.) along said East Section line to the Point of Beginning. Containing 7.22 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 7th day of July 2026. CITY OF EVANSTON, WYOMING Mayor Kent Williams Attest: ______________________________________ Diane Harris, City Clerk 3  Department Comments Rocco O’Neill spoke about the mural being painted on the side of the First Bank building in Downtown Evanston. Public Participation Kathy Cook inquired about the vaping ordinance and trees dying near the Roundhouse. Tammy Staley reminded everyone about the Candidate Forums at Evanston Middle School. Adjournment Council member Sellers moved, Council member Schmidt seconded to adjourn the meeting at 5:56 pm. The motion passed with 6 yes votes: Williams, Schmidt, Perkes, Welling, Sellers, Hegeman. Kent H. Williams, Mayor Diane Harris, City Clerk 4  RESOLUTION 26 – 27 A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE STATE OF WYOMING, OFFICE OF THE ATTORNEY GENERAL, DIVISION OF CRIMINAL INVESTIGATION FOR THE ASSIGNMENT OF AN EVANSTON POLICE DEPARTMENT OFFICER AS A TASK FORCE OFFICER TO THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM. WHEREAS, the City of Evanston is located in the Rocky Mountain High Intensity Drug Trafficking Area and has, in the past, entered into memoranda of understanding or agreements with the Division of Criminal Investigation to obtain funds so that the Evanston Police Department can identify drug offenders, make undercover purchases, develop conspiracy cases against major drug traffickers, and investigate other violations pertaining to the Rocky Mountain High Intensity Drug Trafficking Area; and WHEREAS, the City of Evanston has a need to enter into a Contract with the Division of Criminal Investigation so the City can continue to provide one (1) Evanston Police Department officer to serve as a Task Force Officer to or on the South West Enforcement Team, working High Intensity Drug Trafficking Area cases, in exchange for reimbursement of that officer's regular pay, fringe benefits, and overtime as set forth in the Contract; and WHEREAS, it is necessary for the City to execute the Contract in order to receive reimbursement, in an amount not to exceed Ninety Thousand, Five Hundred Seventy-One Dollars and Sixty-One Cents ($90,571.61) for the Performance Period of January 1, 2026 through December 31, 2026, in order to provide these services; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING AS FOLLOWS: Section 1. The City of Evanston is authorized to execute a Contract with the State of Wyoming, Office of the Attorney General, Division of Criminal Investigation, a copy of which is attached hereto, to provide one (1) Evanston Police Department officer to serve as a Task Force Officer working High Intensity Drug Trafficking Area cases, in exchange for reimbursement of that officer's regular pay, fringe benefits, and overtime, in an amount not to exceed $90,571.61. Section 2. The Chief of Police is authorized to sign the Contract on behalf of the City of Evanston. PASSED, APPROVED AND ADOPTED this 21st day of July 2026. Kent H. Williams, Mayor ATTEST: Diane Harris, City Clerk Schmidt Lind Perkes Williams Welling Sellers Hegeman  RESOLUTION 26 – 28 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM FOSTER & FOSTER CONSULTING ACTUARIES, INC. TO PROVIDE THE CITY AN ACTUARIAL REPORT AND GASB 75 DISCLOSURE INFORMATION FOR FISCAL YEARS ENDING JUNE 30, 2026 AND JUNE 30, 2027. WHEREAS, the City of Evanston is required by the Governmental Accounting Standards Board (GASB) to disclose the City=s liability of its postretirement health benefit programs; and WHEREAS, Foster & Foster Consulting Actuaries, Inc. has submitted a proposal to provide the City with an actuarial report as of June 30, 2026, and GASB 75 footnote information for Fiscal Years ending June 30, 2026 and June 30, 2027, for a total fee of $8,000; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, AS FOLLOWS: Section 1. The City of Evanston accepts the attached proposal from Foster & Foster Consulting Actuaries, Inc. to provide the City an actuarial report and GASB 75 disclosure information under the terms and conditions attached hereto. Section 2. The City Treasurer is authorized to execute the attached proposal with Foster & Foster Consulting Actuaries, Inc. on behalf of the City. PASSED, APPROVED AND ADOPTED this 21st day of July 2026. Kent H. Williams, Mayor ATTEST: ______________________________ Diane Harris, City Clerk Schmidt _____ Lind _____ Perkes _____ Williams _____ Welling _____ Sellers _____ Hegeman _____ July 13, 2026 Dear Trudy: Thank you for this opportunity to provide the City with the following proposal for actuarial services. City of Evanston WY has been a valued client of DFA, LLC, since 2016. Foster & Foster Consulting Actuaries, Inc. acquired DFA, LLC, effective January 1, 2024, and we are committed to continuing our relationship with the City for many years to come. Fees Our flat fee, for the scope of work (described below) will be as follows: Actuarial Report as of June 30, 2026 $5,000 GASB 75 footnote information for fiscal year ending June 30, 2026 $1,500 GASB 75 footnote information for fiscal year ending June 30, 2027 $1,500 Virtual meetings with City staff or board to present or discuss reports1 No Charge Total Fee $8,000 1 In-person meeting requests will be subject to time and expense fees. Scope of Work Foster & Foster Consulting Actuaries, Inc. will provide City of Evanston WY with an actuarial report as of June 30, 2026, setting forth all City liabilities of the postretirement health benefit program, including a projection of City expenditures under the plan. Our report will contain the following information: ▪ Determination of postretirement benefit obligations and components of expense in accordance with Statement No. 75 of the Governmental Accounting Standards Board for fiscal year beginning July 1, 2025. ▪ Alternative amounts for prefunding the obligations as a percent of covered employee payroll. ▪ Reconciliation of Total OPEB Liability with the prior actuarial report. ▪ Roll-forward of Net OPEB Liability to GASB 75 measurement date. ▪ Summary of plan provisions, actuarial assumptions, and certification. The scope also includes: ▪ Preparation (or review) of the GASB 75 footnote information at the time the City prepares its financial statements for fiscal years ending June 30, 2026 and June 30, 2027. ▪ Meeting (virtual or by telephone as requested) with City staff or board to explain the report and discuss any other issues or concerns. In-person meeting requests will be subject to time and expense fees. Foster & Foster Scope and Fees Page 2 July 13, 2026 Feel free to call us with any questions about this proposal. Sincerely, Foster & Foster Consulting Actuaries, Inc. CONTRACTOR City Signature: Signature: Name: Carlos Diaz Name: Title: Senior Consulting Actuary Title: Date: July 13, 2026 Date:  RESOLUTION 26 – 29 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, DEFERRING THE CONSTRUCTION AND PROVISION OF REQUIRED OFF-STREET PARKING SPACES FOR THE DEVELOPMENT OF BOARDWALK INDUSTRIES LOCATED AT 230 BEAR RIVER DRIVE. WHEREAS, Boardwalk Industries owns property located at 230 Bear River Drive, Evanston, Wyoming, which is zoned Highway Business-Established (HB-E); and WHEREAS, Boardwalk Industries has obtained a Conditional Use Permit from the Planning and Zoning Commission to allow dwellings on the ground floor level and above the ground floor level of the premises; and WHEREAS, pursuant to Section 24-57 of the City Code, Boardwalk Industries has requested the governing body defer the construction and provision of up to 13 of the 66 required off-street parking spaces, or nineteen and seven-tenths percent (19.7%) of the off-street parking spaces required by Chapter 24 of the City Code as described in the attachment hereto; and WHEREAS, Section 24-57 of the City Code authorizes the governing body to defer the construction and provision of up to twenty percent (20%) of the off-street parking spaces required by Chapter 24 of the City Code, if the unusual character of the use of the property lowers the anticipated need for off-street parking and data from similar uses establishes that there is not present need for parking; and WHEREAS, the governing body finds that the unusual character of the use of the property lowers the anticipated need for off-street parking, and that data from similar uses establishes that there is not a present need for the deferred spaces; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: Pursuant to Section 24-57 of the City Code, the governing body hereby defers the construction and provision of up to 13 of the required off-street parking spaces required by Chapter 24 of the City Code as described in the attachment hereto, for ground floor level dwellings and above ground level dwellings, to be located at 230 Bear River Drive in the City of Evanston. PASSED, APPROVED AND ADOPTED this 21st day of July 2026. ____________________________________ Kent H. Williams, Mayor ATTEST: ________________________________ Diane Harris, City Clerk Schmidt ______ Perkes ______ Lind ______ Williams ______ Welling ______ Sellers ______ Hegeman ______  Engineering & Planning Departments 1200 Main Street  Evanston, WY 82930 Telephone (307) 783-6470  Fax (307) 783-6490 djacobsen@evanstonwy.org  www.evanstonwy.org STAFF REPORT Staff report prepared by DuWayne Jacobsen, Senior Planner for the July 21st, 2026 meeting of the City Council BACKGROUND AND RECOMMENDATION Boardwalk Industries is proposing to remodel the former Travelodge by Windham located at 230 Bear River Drive, Evanston, Wyoming, which is zoned Highway Business-Established (HB-E). The remodel will include converting the existing lodging rooms into 33 dwelling units consisting of 31 studio and two (2) one-bedroom units. Each dwelling unit will have a kitchen for the cooking or preparation of food and include permanent provisions for living, eating, sleeping, and sanitation. Thirty-five (35) to thirty-nine (39) residents are anticipated. There will be no employees working at the property full-time. However, one cleaner and various repair people will service the property on a regular basis. In the HB-E zoning district, a minimum of two parking spaces are required per dwelling unit. With 33 dwelling units proposed, 66 off-street parking spaces are required. The applicant has submitted a site plan which illustrates 53 parking spaces. There is a shortage of 13 parking spaces, which is 19.7 percent of the total number of parking spaces required. Per Section 24-57 of the Evanston City Code, the City Council may defer construction and provision of up to 20 percent of the off-street parking spaces required if the applicant demonstrates that the unusual character of the use lowers anticipated need for off-street parking, and data from similar uses establishes that there is not present need for parking (e.g. drive-in banking facilities which may reduce the need for on-site parking). The applicant has submitted a site plan illustrating the finished parking lot layout. The parking lot along the west and north sides of the building have been expanded for additional on-site parking spaces. Some of the parking spaces will need to be re-striped along the west side of the building to match the site plan. At the July 6th meeting of the City Planning and Zoning Commission, the Planning Commission held a public hearing to consider a request by Boardwalk Industries for a Conditional Use Permit to allow dwellings on the ground floor level and above the ground floor level for property located at 230 Bear River Drive. The Planning Commission approved the Conditional Use Permit, subject to staff recommendations, which includes in part that the applicant shall request and obtain from the City Council a reduction to the minimum number of on-site parking spaces required per dwelling unit. With the 31 studio and two (2) one-bedroom dwelling units proposed, it is anticipated that several of these units will be rented to single persons having no more than one vehicle. City staff recommends approval of this request.  Subject Property North  2825 E COTTONWOOD PARKWAY #500 BOARDWALK INDUSTRIES LLC. Ext. Fenceline OWNER-DEVELOPER 200' NORTH C Easement Access 15' to North Property recorded Undisturbed No Parking Uinta County #R149695 Pea gravel pet 10/09/09 SALT LAKE CITY, UT 84121 C Snow Removal Area Only area 31' C 19' 10 C Undisturbed 10' SITE NOTES: C 25' APARTMENT UNIT BREAKDOWN: A 19' PROPERTY ID#: 152015305001 APARTMENT UNIT COUNT: 33 143' STUDIO UNITS: 31 10 7 R 1 BEDROOM UNITS: 2 Refuse PREPARED BY: PLAT: VAGABOND ADD BLK 1 LT 1 A A R 10' C PARKING STALLS & RATIO: JEFF MANSELL 19' PARKING STALL SIZE: 10' X 19' Jeffdmansellgmail.com C SITE ACREAGE: 1.09 acres C PROVIDED PARKING STALLS: 53 PARKING RATIO: 1.65 (PER UNIT) 801-550-2885 25' A A C C = Ext. Trees PARKING VARIANCE REQUEST 19.6% C 11 STREET SIDE LANDSCAPING: B B = New Tree 268' 50' 7 30% SOFT SCAPED WITH TREE 70% ROCKSCAPED DRAWING SCALE 1:20 1. Remove added aphalt that created a parking stall to return to 12' setback PROPERTY BOUNDRY/MEASURMENTS: PREPARED DATE: Building MAY 29TH 2026 6' 2. Remove 2' of added - VERIFIED FROM UINTA COUNTY PLAT. asphalt to return to original A A asphalt that has exisited - PROPERTY BOUNTRY BEGINS BACK OF SIDEWALK since 1972. - ALL MEASUREMENTS ARE TAKEN FROM AND VERIFIED ARE BASED ON THE AS BUILT BUILDING LOCATION AND AS BUILT ASPHALT ON THE PROPERTY. Existing asphalt between properties which has existed 125' 19' for decades and both 1 23' properties use the access 10' New stall BEAR NECESSITIES APARTMENTS 26' SITE ADDRESS: 5 Landscape Front 2 A B (A) 650 Sq Ft. (30%) 230 BEAR RIVER DR. Soft scaped drip irrigation A tree and some lo water use plantings. 20' Parking B Ext. (B) 1300 Sq Ft. (70%) setback Sign EVANSTON, WYOMING 82930 Hardscaped with rock. 150' Sidewalk Curb Bear River Dr. SITE PLAN 0 ft. 12 ft. 20 ft. 40 ft. (PROPOSED) Scale: 1" = 20 ft.  RESOLUTION 26 – 30 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING, DEFERRING THE CONSTRUCTION AND PROVISION OF REQUIRED OFF-STREET PARKING SPACES FOR THE DEVELOPMENT OF BOARDWALK INDUSTRIES LOCATED AT 339 WASATCH ROAD. WHEREAS, Boardwalk Industries owns property located at 339 Wasatch Road, Evanston, Wyoming, which is zoned Highway Business-Developing (HB-D); and WHEREAS, Boardwalk Industries has obtained a Conditional Use Permit from the Planning and Zoning Commission to allow dwellings on the ground floor level and above the ground floor level of the premises; and WHEREAS, pursuant to Section 24-57 of the City Code, Boardwalk Industries has requested the governing body defer the construction and provision of up to 6 of the 162 required off-street parking spaces, or three and seven-tenths percent (3.7%) of the off-street parking spaces required by Chapter 24 of the City Code as described in the attachment hereto; and WHEREAS, Section 24-57 of the City Code authorizes the governing body to defer the construction and provision of up to twenty percent (20%) of the off-street parking spaces required by Chapter 24 of the City Code, if the unusual character of the use of the property lowers the anticipated need for off-street parking and data from similar uses establishes that there is not present need for parking; and WHEREAS, the governing body finds that the unusual character of the use of the property lowers the anticipated need for off-street parking, and that data from similar uses establishes that there is not a present need for the deferred spaces; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: Pursuant to Section 24-57 of the City Code, the governing body hereby defers the construction and provision of up to 6 of the required off-street parking spaces required by Chapter 24 of the City Code as described in the attachment hereto, for ground floor level dwellings and above ground level dwellings, to be located at 339 Wasatch Road in the City of Evanston. PASSED, APPROVED AND ADOPTED this 21st day of July 2026. ____________________________________ Kent H. Williams, Mayor ATTEST: ________________________________ Diane Harris, City Clerk Schmidt ______ Perkes ______ Lind ______ Williams ______ Welling ______ Sellers ______ Hegeman ______  Engineering & Planning Departments 1200 Main Street  Evanston, WY 82930 Telephone (307) 783-6470  Fax (307) 783-6490 djacobsen@evanstonwy.org  www.evanstonwy.org STAFF REPORT Staff report prepared by DuWayne Jacobsen, Senior Planner for the July 21st, 2026 meeting of the City Council BACKGROUND AND RECOMMENDATION Boardwalk Industries is proposing to remodel the former Affordable Inn located at 339 Wasatch Road, which is zoned Highway Business-Developing (HB-D). The remodel will include converting the existing lodging rooms into 81 dwelling units consisting of one (1) studio unit; 77 one- bedroom, one-bathroom units; and 3 two-bedroom, two-bathroom units. Each dwelling unit will have a kitchen for the cooking or preparation of food and include permanent provisions for living, eating, sleeping, and sanitation. Eighty (80) to ninety (90) residents are anticipated. There will be no employees working at the property full-time. However, one cleaner and various repair people will service the property on a regular basis. In the HB-D zoning district, a minimum of two parking spaces are required per dwelling unit. With 81 dwelling units proposed, 162 off-street parking spaces are required. The applicant has submitted a site plan which illustrates 156 parking spaces. There is a shortage of 6 parking spaces, which is approximately 4 percent of the total number of parking spaces required. Per Section 24-57 of the Evanston City Code, the City Council may defer construction and provision of up to 20 percent of the off-street parking spaces required if the applicant demonstrates that the unusual character of the use lowers anticipated need for off-street parking, and data from similar uses establishes that there is not present need for parking (e.g. drive-in banking facilities which may reduce the need for on-site parking). The applicant has submitted a site plan illustrating a proposed parking lot layout. The applicant proposes to expand the existing parking lot toward the south property line to create additional on-site parking spaces. At the July 6th meeting of the City Planning and Zoning Commission, the Planning Commission held a public hearing to consider a request by Boardwalk Industries for a Conditional Use Permit to allow dwellings on the ground floor level and above the ground floor level for property located at 339 Wasatch Road. The Planning Commission approved the Conditional Use Permit, subject to staff recommendations, which includes in part that the applicant shall request and obtain from the City Council a reduction to the minimum number of on-site parking spaces required per dwelling unit. In 2023, the applicant presented a similar proposal for the Kodiak Apartments located at 70 Bear River Drive. Boardwalk Industries had requested and obtained from the City Council an 11 percent reduction to the minimum on-site parking space requirement at 70 Bear River Drive. Since 2023, there have been no reported parking issues at the Kodiak Apartments. City staff recommends approval of this request. Subject Property  81 Apartments 162 Spaces Need 156 Spaces Provided 3% Variance Chad Anderson Property Line L-1 6'-6" Boardwalk Industries L-2 Existing Sign 10'-0" LL-1 43 2825 Cottonwood Parkway #500 Interior Side Yard 16 Salt Lake City, Utah 84121 Entrance 16 35 25' 18 801-560-5585 Cell 3' Setback Property 7 A A canderson@boardwalkindustries.com 5 Line Garbage Rear Yard Property A Line Entrance Entrance Front Yard Entrance Wasatch Road 6 L-3 7 Power 20' setback A Pole A 3 Side Yard Property Line 25' Allegiance Circle 25' Garbage Property 339 Wasatch Road A PARKING PLAN Evanston, Wyoming A00 Scale: 1"-60'  RESOLUTION 26 – 31 A RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING THE EXECUTION OF A SUBDIVIDER AGREEMENT WITH ROCKPORT ROCKS LLC FOR THE PHASED COMPLETION OF IMPROVEMENTS FOR TWIN RIDGE SUBDIVISION NO. 4 -- PHASE 3. WHEREAS, in 1983, Yellow Creek Ranch Company made application to the City for approval of Twin Ridge Subdivision No. 4 -- Phase 3 (the “Subdivision”), located within the City of Evanston, Uinta County, Wyoming, and the Evanston City Council approved the final plat of the Subdivision in or about April of 1983; and WHEREAS, pursuant to Chapter 22 of the Evanston City Code, the subdivider of the Subdivision is required to construct and install certain improvements, including street, curb and gutter, sewer and water lines, and storm water improvements; and WHEREAS, due to market conditions existing at the time, the improvements for the entire Subdivision were not completed and several lots in the Subdivision remained unsold and unimproved; and WHEREAS, Rockport Rocks LLC, a Utah limited liability company (“Subdivider”), has acquired all remaining lots in the Subdivision and desires to construct and install the required improvements and market and sell the lots; and WHEREAS, Subdivider has requested that construction of the improvements be completed in two (2) phases, as more particularly described in the Phasing Plan prepared by Forsgren Associates, Inc., dated June 26, 2026; and WHEREAS, the City and Subdivider are prepared to enter into a Subdivider Agreement establishing the terms and conditions for the phased construction and completion of the improvements for the Subdivision; 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, and the City Clerk attest, on behalf of the City of Evanston, the Subdivider Agreement between the City of Evanston and Rockport Rocks LLC, a copy of which is attached hereto, for the phased construction and completion of the required improvements for Twin Ridge Subdivision No. 4 -- Phase 3 in Evanston, Wyoming. PASSED, APPROVED AND ADOPTED this 21st day of July 2026. __________________________________ Kent H. Williams, Mayor ATTEST: __________________________________ Diane Harris, City Clerk Schmidt _______ Lind _______ Perkes _______ Williams _______ Welling _______ Sellers _______ Hegeman _______  SUBDIVIDER AGREEMENT THIS AGREEMENT dated this ______ day of July 2026, by and between the City of Evanston, a Wyoming municipal corporation, hereafter referred to as the "City", and Rockport Rocks LLC, a Utah limited liability company, hereafter referred to as the "Subdivider". WHEREAS, in 1983, Yellow Creek Ranch Company made application to the City for approval of the Twin Ridge Subdivision No. 4 – Phase 3, hereafter referred to as the “Subdivision”, located within the City of Evanston, Uinta County, Wyoming; and, WHEREAS, the Evanston City Council approved the final plat of said subdivision in or about April of 1983; and WHEREAS, pursuant to Chapter 22 of Evanston City Code, the Subdivider is required to construct and install certain improvements for the subdivision such as street, curb and gutter, sewer and water lines and storm water improvements; and WHEREAS, due to market conditions existing at the time, the improvements for the entire subdivision were not completed and several lots in the subdivision were not sold or improved; WHEREAS, Subdivider has acquired all the remaining lots in the Subdivision and desires to construct and install the improvements for the Subdivision and market and sell the lots; and WHEREAS, Subdivider has requested that construction of the Improvements be completed in two (2) phases as more particularly described in the Phasing Plan prepared by Forsgren Associates, Inc. dated June 26, 2026, attached hereto as Exhibit 1; and NOW THEREFORE, for and in consideration of the City approving the improvement plans and specifications and authorizing the sale of some of the lots and Subdividers construction of the improvements, and the mutual covenants, agreements and consideration hereafter set forth, it is mutually agreed as follows: I. Property Description: The property which is the subject matter of this agreement is described as follows: Lots 69 through 80 and Lots 87 through 97 of the Twin Ridge Subdivision No. 4 – Phase and said Lots are laid down and described on the official map and plat of said Subdivision now on file and of record in the office of the County Clerk and Ex-Officio Register of Deeds in and for Uinta County, Wyoming. II. Improvements: Subdivider agrees to construct and install, at its cost and expense, all Twin Ridge Subdivision No. 4 improvements which are set forth in Exhibit 2 and which are hereafter referred to as “the Improvements”. The Improvements shall be installed and constructed in compliance with City Standards and the plans prepared by Forsgren Associates, Inc. and reviewed and approved by the City Engineer dated June _____, 2026, and labeled CONSTRUCTION PLANS, TWIN RIDGE SUBDIVISION NO. 4, EVANSTON, WYOMING, FA Project No. 03-26-0067, consisting of a title sheet, general notes sheet, and ten plan, profile, and detail sheets (Sheets C- 100 through D-105), totaling thirteen (13) sheets and which by this reference are incorporated herein. Subdivider shall be responsible for and take all steps necessary to assure that all Improvements are properly installed, operational and will provide service to the entire subdivision. 1  As shown on Exhibit 1 (the Twin Ridge Subdivision No. 4 – Phase 3 Phasing Plan prepared by Forsgren Associates, Inc. dated June 26, 2026), the Improvements shall be constructed in two (2) phases (each a “Phase”). Phase 1 shall consist of Lots 69 through 74 and Lots 93 through 97 (eleven (11) lots). Construction of the Phase 1 Improvements shall extend all utilities past the temporary paved cul-de-sac located on Marshall Avenue, install the fire hydrant between Lots 91 and 92, and install temporary cleanouts and blowoffs on the water and sewer lines to allow for connection when the Phase 2 Improvements are constructed. The temporary cul-de-sac shall consist of a City-standard fifty-foot (50’) radius right-of-way, paved with seventy-five feet (75.0’) of asphalt. The type and estimated cost of Phase 1 Improvements are set forth in Exhibit 3 hereto. Phase 2 shall consist of Lots 75 through 80 and Lots 87 through 92 (twelve (12) lots) and shall complete the platted Subdivision. Construction of the Phase 2 Improvements shall extend the water and sewer system and tie the same into the system at the knuckle previously completed, remove the temporary sewer cleanout and temporary water blowoff installed at the end of Phase 1, and saw-cut the temporary cul-de-sac pavement and install curb and gutter along the correct lot lines. The type of Phase 2 Improvements are set forth in Exhibit 4 hereto. Subdivider shall construct the Improvements associated with each Phase, as shown on Exhibit 1 and Exhibit 2 within the timeframes set forth in Section IX below. For any Phase, Subdivider agrees to notify or require its contractor to notify the City Engineer of the date and the hour of expected commencement of work on any of the following items, notification to be not less than twenty-four (24) hours in advance of the time work is anticipated to start, and if thereafter conditions develop to delay the start of work, Subdivider agrees to notify or require its Contractor to notify the City Engineer of the delay not less than two (2) hours before the following work on Improvements is scheduled to begin: Any further required removal and replacement of vegetation; Any further required site grading and excavation; Sewer system installation; Water system installation; Storm sewer installation; Fire hydrant installation; Sewer system testing; Water system testing; Placing concrete for curb, gutter; and sidewalk; Placing of sub-base material; Placing of base course; placing of A.C. surfacing; and Street lighting. Whenever the City Engineer, or his duly authorized representative, inspects portions of Improvements as mentioned above and finds the work performed to be in a satisfactory condition for inclusion in the completed project, the City Engineer, or his duly authorized representative, shall issue a statement of inspection which shall permit the Subdivider to perform the next phase of the construction. Such statement of inspection shall not be unreasonably withheld or delayed. It is further agreed that inspection and approval of any item of the Improvements shall not forfeit the right of the City to require the correction of faulty workmanship or materials. The City will 2 inspect a completed phase within 24 hours after proper notification (excluding Saturdays and Sunday). Subdivider agrees that any alteration to existing utilities required as result of construction of the Improvements will be completed without cost to the City. Subdivider further agrees to furnish to the City Engineer, upon completion of the Improvements, an as-built map which accurately indicates by lettered dimensions the location of all manholes, the location, size and depth of sewer mains, laterals and wyes for the connection of service lines, and size and depth, and location of all water lines, valves, and service lines and the size and depth of storm drain structures and piping. Subdivider further agrees that the Improvements shall be constructed in accordance with State of Wyoming Department of Environmental Quality Rules and Regulations, the Wyoming Public Works Standard Specifications, the approved plans for the subdivision, and the Ordinances of the City, (all of which shall collectively be referred to as the “Plans”). The City shall have the right to require the correction by the Subdivider at any time before the issuance of a certificate of occupancy for any lot structure, of any item, or items, to be installed under this Agreement which does not conform to the Plans or which does not conform to City Standards, Specifications or Ordinances in existence as of the date of approval, except for such items as may have been approved by the City Engineer, whether in the Plans or otherwise. III. One Year Guarantee: For one (1) year from date of acceptance of each Phase of the Improvements by the City, Subdivider agrees to repair defects in the Improvements for such Phase, or reimburse the City for the actual costs of repairs to the Improvements for such Phase, in the event Subdivider fails to timely repair such improvements following notice from the City. IV. Sale of Lots Pending Completion of Improvements: Notwithstanding any other provision of this Agreement, Subdivider may dispose of, transfer, list for sale, or sell by contract or deed, not more than three (3) lots located in Phase 1. Subdivider shall not transfer, list for sale, or sell by contract or deed any other lots in Phase 1 prior to full completion and acceptance by the City of the Improvements for the Phase 1. Subdivider may dispose of, transfer, list for sale, or sell by contract or deed, not more than three (3) lots located in Phase 2 once the Phase 1 Improvements have been completed and accepted by the City. Subdivider shall not transfer, list for sale, or sell by contract or deed any other lots in Phase 2 prior to full completion and acceptance by the City of the Improvements for Phase 2. For any lot disposed, transferred or sold under this Section IV, no building permit application shall be submitted, considered, reviewed and/or issued for any structure on any said lot until the Improvements for the Phase in which such Lot is located have been completed and accepted as herein provided. V. Completion of Improvements: The Subdivider shall retain a licensed engineer (Wyoming, PE) to supervise the construction, installation, and completion of the Improvements for each Phase. Upon completion of the Improvements for a Phase, the Subdivider’s engineer shall submit to the City, an engineer- stamped Certificate of Completion stating that all work for such Phase has been completed in accordance with the Plans and all applicable federal, state, and local rules, regulations and 3 standards. The Subdivider’s Engineer shall also complete the Wyoming Department of Environmental Quality Reporting requirements outlined in Part V, Section O of the general permit; i.e.: Certification that the facilities were constructed in accordance with the terms and conditions of the D.E.Q. Permit. The Subdivider shall request in writing a final inspection of the Improvements for the applicable Phase be conducted by the City Engineer. The final inspection shall be made within ten (10) work days from the date the request is received by the City Engineer. The City Engineer will notify the Subdivider of the acceptance or rejection of the Improvements for such Phase within fifteen (15) days from time of inspection. In the event of rejection, the City Engineer shall provide written notice detailing any alleged deficiencies. In the event of acceptance, the City Engineer will provide written notice of acceptance of the Improvements for such Phase and notice of the start date of the one-year warranty period for such Phase. The written notice of acceptance of the Improvements for a Phase shall be binding upon the City. VI. Storm Water Pollution Prevention and Erosion Control Subdivider agrees to comply with local and state regulations and requirements for erosion and sediment control, including dust control. The Subdivision will be considered under the state’s general permit for storm water discharge. The Subdivider shall submit a Notice of Intent (NOI) to the appropriate state agency and prepare a Storm Water Pollution Prevention Plan, (SWPPP), if required. Typically, the NOI cannot be submitted until the SWPPP has been prepared and the SWPPP should be fully developed and implemented upon submitting the NOI, to be covered by the general permit. Subdivider shall submit three (3) copies of the SWPPP, if required to the City Engineer prior to the Mayor’s signing of this agreement which shall incorporate applicable requirements specified in state statutes, regulations and/or local ordinances for sediment and erosion control plans or permits, or Storm Water Management Plans or permits. The Subdivider must provide to the City, a Certification that the Pollution Prevention Plan incorporates these requirements and by signing this agreement, the Subdivider agrees to comply with the SWPPP requirements for the term of the permit. Best Management Practices, (BMP’s) whether a permit is required or not, shall include: Minimize the amount of disturbed soil; Prevent runoff from offsite areas from flowing across disturbed areas; Slow down the runoff traveling across the site; Remove sediment from on-site runoff before it leaves the site; Control erosion and sediment. Do not disturb areas until necessary for construction to proceed; Control vehicle tracking from site; Inspection and plan maintenance; Keep records up to date; record any and all non-compliance events and plan updates; and Keep the plan, all reports and dates for at least 3 years after project. VII. Maintenance of Improvements: Subdivider shall be responsible for the care and maintenance of the Improvements until completion and final acceptance by the City. During moving in, construction and moving off, Subdivider shall keep the site free and clear from dangerous accumulation of rubbish and debris, and shall maintain sufficient and proper barricades, lights, and other safety measures for protection 4 of the public. Final acceptance of the improvements will not be made by the City until the area falling under this agreement and adjacent property has been cleared of all rubbish, surplus materials and equipment resulting from the Contractor's operations to the reasonable satisfaction of the City Engineer. VIII. Costs of Enforcing Agreement: All fees including recording fees, reasonable attorney fees and other reasonable fees, associated with enforcing the terms of this agreement shall be paid by the Subdivider. IX. Time for Completion: Subdivider guarantees that the Phase 1 Improvements shall be constructed and completed within one (1) year from the date of this Agreement, and that the Phase 2 Improvements shall be constructed and completed within two (2) years from the date of this Agreement, unless, prior to the expiration of the applicable period, the Subdivider obtains written approval from the City for an extension for the completion of said Improvements. Said approval shall not be unreasonably withheld or delayed. X. Failure to Complete Improvements: If the Subdivider fails to complete the Improvements for a Phase within the time period prescribed by Section IX, then the City, in its sole and complete discretion, may elect to: 1. cease and refrain from issuing any building permits or otherwise authorizing or permitting any construction on the above described real property until the Improvements for such Phase are completed and accepted by the City; and/or 2. commence an action in district court to require specific performance of this contract and/or to recover damages. XI. Covenants on Land: This agreement may be filed and recorded in the office of the County Clerk and Ex-Officio register of Deeds in and for Uinta County, Wyoming, in the form of covenants on the land herein described, to run with the land and become binding upon any and all future owners of said land until recording of the City’s release, which will be approved and authorized by the governing body of the City at a regularly scheduled meeting following the expiration of the guarantee period set forth in Section III and recorded by the City within three business days of said approval. XII. Payment of Fees: The Subdivider shall pay subdivision permit fees to the City of Evanston, Wyoming as required by the City Code in the amount of $1,290.00 within ten (10) days of execution of this Agreement. In addition, Subdivider shall pay grading and drainage fees to the City of Evanston, Wyoming in the sum of $3,852.50 (6.7 acres x $500.00) within ten (l0) days of the execution of this Agreement. XIII. Miscellaneous Provisions: The following provisions are also integral parts of this agreement: 5  1. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of respective parties hereto, and any entities resulting from the reorganization, consolidation or merger of either party hereto. 2. Any waiver by either party hereto of any breach of any kind or character whatsoever by the other party, whether such waiver be direct or implied, shall not be construed as continuing waiver of or consent to any subsequent breach of this agreement on the part of the other party. 3. All notices, demands, requests and other writings required or permitted to be given hereunder shall be deemed duly given if delivered, sent via overnight delivery or if mailed postage prepaid, and addressed to the following: City of Evanston Rockport Rocks LLC 1200 Main Street _____________________ Evanston, Wyoming 82930 _____________________ Notice shall be effective upon receipt or refusal. 4. This Agreement may be executed in one or more counterparts, each of which in aggregate shall constitute one and the same instrument. 5. The City does not waive sovereign immunity by entering into this Agreement, and specifically retains immunity and all defenses available to it as a sovereign pursuant to Wyo. Stat. § 1-39-104(a) and all other applicable law. Designations of venue, choice of law, enforcement actions, and other similar provisions should not be construed as a waiver of sovereign immunity. The parties agree that any ambiguity as to sovereign immunity shall be construed in favor of sovereign immunity. DATED as of the date first above written. CITY OF EVANSTON ROCKPORT ROCKS LLC, a Utah Limited Liability Company _______________________________ _______________________________ Kent H. Williams, Mayor Manager ATTEST: _______________________________ Diane Harris, City Clerk 6 STATE OF WYOMING ) ) SS COUNTY OF UINTA ) The above and foregoing Subdivider Agreement was acknowledged before me this _____ day of _______________ day of July 2026, by Kent H. Williams and Diane Harris, the Mayor and City Clerk, respectively, of the City of Evanston, Wyoming, a municipal corporation. WITNESS my hand and official seal. Notary Public My Commission Expires: STATE OF WYOMING ) )SS COUNTY OF UINTA ) The above and foregoing Subdivider Agreement was acknowledged before me this _____ day of _____________ 2026, by _____________________, as Manager of Rockport Rocks LLC, a Utah limited liability company, on behalf of the company. WITNESS my hand and official seal. Notary Public My Commission Expires: 7  ORDINANCE 26 - 05 AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING RELATING TO THE REGULATION OF SMOKING AND VAPING IN PUBLIC PLACES; AMENDING AND ADOPTING PROVISIONS OF CHAPTER 10 OF THE CODE OF THE CITY OF EVANSTON, WYOMING RELATING TO DEFINITIONS TO INCLUDE ELECTRONIC SMOKING DEVICES AND VAPING. WHEREAS, the City of Evanston, Wyoming (the “City”) enacted regulations governing smoking in public places in 2006, codified in Chapter 10 of the Code of the City of Evanston, Wyoming (“City Code”), for the purpose of protecting the health, safety, and welfare of the public by reducing exposure to secondhand smoke; and WHEREAS, at the time of adoption of the City’s public smoking regulations in 2006, electronic smoking devices, vaping devices, e-cigarettes, e-cigars, e-pipes, vape pens, and similar devices were not in widespread use and were not contemplated by or included within the definitions set forth in Chapter 10 of the City Code; and WHEREAS, since 2006, technology related to nicotine and substance delivery systems has significantly changed, and electronic smoking devices and vaping have become prevalent in the community, including use in public places, creating risks of exposure to aerosols, vapors, and harmful substances that are substantially similar to or in addition to the risks posed by traditional smoking; and WHEREAS, it is necessary and appropriate to update the definitions contained in Chapter 10 of the City Code to address these technological changes and to expressly include electronic smoking devices and vaping within the City’s existing framework regulating smoking in public places, so that the City’s public health protections apply equally to traditional smoking and electronic or vaping devices; and WHEREAS, the City Council finds that the amendment of Section 10-2 of the City Code to add the definition of “Electronic Smoking Device” and to amend the definitions of “Smoke or Smoking” and “Smoking Instrument” to include electronic smoking devices and vaping is in the best interests of the City of Evanston and its residents; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: Section 10-2 of the Evanston City Code is amended and re-enacted to provide as follows: § 10-2 Definitions. As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: BUSINESS Any legal entity, including, but not limited to, a sole proprietorship, partnership, joint venture, corporation or other business entity whether formed for profit-making or nonprofit purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. CITY-OWNED YOUTH AND ADULT ATHLETIC FACILITIES Include, but are not limited to, facilities where organized youth and adult soccer, softball, baseball and any other youth or adult athletic team activities occur, whether the facility is enclosed or not. This definition shall not include golf courses. ELECTRONIC SMOKING DEVICE Means any device that can be used to deliver an aerosolized or vaporized substance, including nicotine, tobacco, plant material, hookah, or marijuana (whether natural or synthetic), to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e- hookah but excluding any device designed to deliver prescription medication. EMPLOYEE Any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a nonprofit entity. 1 EMPLOYER A person, business, partnership, association, corporation, trust, nonprofit entity, or a municipal corporation that employs the services of one or more individual persons. ENCLOSED AREA All space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to the ceiling. FIRE DEPARTMENT The Uinta County Fire Protection and Emergency Services Joint Powers Board. HEALTH CARE FACILITY An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists with these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards with health care facilities. OUTDOOR PATIO An outdoor area, open to the air at all times, that either: A. Is enclosed by a roof or other overhead covering and not more than two walls or other side coverings; or B. Has no roof or other overhead covering at all regardless of the number of walls or other side coverings. PERFORMANCE HALL Any area or facility that is primarily used for the exhibition of any motion picture, stage, drama, lecture, musical recital or other similar performances, including, but not limited to, concert halls and theaters. PLACE OF EMPLOYMENT An area under the control of an employer which is intended for occupancy by employees during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, waiting areas, offices, stairways, and hallways. A private residence is not a place of employment unless it is used as a licensed child care, licensed adult day care, health care or preschool facility, or any other aforementioned business. PRIVATE CLUB Those organizations or entities defined as a “club” in Wyoming Statutes § 12-1-101(a)(iii), which are not open to the public. PUBLIC PLACE An enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, and other financial institutions, publicly funded buildings, public conveyances, recreational facilities, taverns, lounges, bars, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, including grocery stores, supermarkets and stores where food items are sold for on- premises or off-premises consumption, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a public place unless it is used as a licensed child care, licensed adult day care, health care or preschool facility. PUBLIC TRANSPORTATION Means, but is not limited to, any enclosed mode of public transportation, including a train, passenger bus, school bus or other vehicle used to transport pupils, and taxi; or a vehicle that is owned by or operated by a business and is open to the public, including tour vehicles, passenger buses or vans regularly used to transport customers. Notwithstanding the foregoing, a private vehicle not open to the public or not used for the transportation of the public during the times of use, including a private passenger vehicle, a private charter or rental of a limousine, bus or van, shall not be considered public transportation. RESTAURANT 2 An eating establishment, including, but not limited to, coffee shops, cafeterias, and public and private school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises and served elsewhere. The term “restaurant” shall include any tavern, lounge or bar area within the restaurant. RETAIL SALES Establishments engaged in the sale of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. A retail sales establishment is usually a place of business and is engaged in activity to attract the general public to make purchases. SHOPPING MALL An enclosed public walkway or hall area that serves to connect retail sale or professional service establishments. SMOKE OR SMOKING The inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco, nicotine, or other product intended for inhalation, including hookah and marijuana, whether natural or synthetic or the placement of smoking instruments containing a lighted tobacco, nicotine, plant or other product in an ashtray or other receptacle and allowing smoke to diffuse into the air. This definition does not include incense. "Smoke" or "smoking" also includes the use of an electronic smoking device. SMOKING INSTRUMENT Any cigar, cigarette, electronic smoking device, pipe, hookah or water pipe, or any other smoking device. SPORTS ARENA Any enclosed sports pavilions, stadiums, gymnasiums, health spas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events. TAVERN, LOUNGE OR BAR Any establishment open to the public whose primary source of revenue is from the sale of alcoholic liquor and malt beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. YOUTH Any person who has not attained 18 years of age. Section 2: This ordinance shall become effective on October 1, 2026. PASSED AND APPROVED on First Reading this _____ day of _______________ 2026. PASSED AND APPROVED on Second Reading this _____ day of _______________ 2026. PASSED AND APPROVED on Third and Final Reading this _____ day of _______________ 2026. ___________________________________ Kent H. Williams, Mayor ATTEST: _______________________________ Diane Harris, City Clerk Sponsored by: Councilors Welling and Schmidt 3 First Reading Second Reading Third Reading Schmidt _____ Schmidt _____ Schmidt _____ Lind _____ Lind _____ Lind _____ Perkes _____ Perkes _____ Perkes _____ Williams _____ Williams _____ Williams _____ Welling _____ Welling _____ Welling _____ Sellers _____ Sellers _____ Sellers _____ Hegeman _____ Hegeman _____ Hegeman _____ 4