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EVANSTON CITY COUNCIL First Regular Meeting January 7, 2014 The official record of proceedings of the first regular meeting of the Evanston City Council for the month of January was held in the Council Chambers of City Hall on the above date. These proceedings were video recorded. Caitlin Grenfell led those in attendance in the pledge of allegiance to the Flag. The roll was called and with a quorum being present, Mayor Joy Bell called the meeting to order at 5:35 p.m. and welcomed everyone present. Those present from the governing body at the start of the meeting were: Mayor Bell; Councilmembers Tim Curtis Rex, Evan Perkes, David W elling, Saundra Meyer and W endy Schuler. Staff members present at the start of the meeting were: City Attorney, Dennis Boal; Director of Administrative Services/City Clerk, Amy Grenfell; City Engineer, Brian Honey; City Treasurer, Kathy Defa; Director of Planning & Development, Paul Knopf; Police Chief, Jon Kirby; Director of Parks and Recreation, Dennis Poppinga; Public W orks Director, Oop Hansen; Deputy City Clerk, Nancy Stevenson; and Grant W riter, Mieke Madrid. A group of interested citizens were also present. Approve Agenda Councilmember Schuler moved, Councilmember Welling seconded, to approve the agenda. The motion passed unanimously with 7 yes votes: Bell, Rex, Perkes, W elling, Meyer, Schuler. Approve Minutes The official record of proceedings for the City Council Meeting held December 17, 2013 were approved as presented. Bills Councilmember Rex moved, Councilmember Meyer seconded, to approve the following bills for payment: December 18, 2013 to January 7, 2014 VENDOR FOR AMOUNT AXA Equivest Payroll 1,959.64 Beneficial Life Insurance Payroll 269.68 Blue Cross Blue Shield Payroll 112,792.87 Delta Dental Payroll 6,419.15 Flexshare Payroll 3,297.00 ING Life Insurance Payroll 29.20 NCPERS Payroll 80.00 Orchard Trust Payroll 593.36 Parks & Recreation Payroll 133.41 The Hartford Payroll 196.30 Uinta County Court Payroll 101.91 Vantage Point Payroll 1,366.92 Vision Service Plan Payroll 1,086.35 W EBT Payroll 990.00 W ells Fargo Payroll 192.00 W yoming Child Support Payroll 770.05 W yoming Department of Employment Payroll 7,167.39 W yoming Retirement Payroll 42,514.54 Payroll Payroll 106,991.39 EFTPS Payroll 37,429.89 Carollo Engineers Services 2,478.32 Cazin’s Supplies 214.92 CD’s Electric Electrical 62.00 Communication Technologies Supplies 2,114.80 Verizon W ireless Cell Phones 856.65 Crum Electric Supplies 704.53 Deru’s Glass Repairs 368.40 Ellingford’s Supplies 111.32 Executech Maintenance/Equipment 5,189.51 Evanston Parks & Recreation City Subsidy/Reimbursement 118,949.79 Flexshare Benefit HRA 1,700.00 Freeway Tire Tires 903.16 Natalie Albrecht Green Contract 80.00 Sara Hull Services 280.00 Hogan & Associates Contract 460,068.30 ---PAGE BREAK--- Home Decor Supplies 508.41 Nicholas Earl Horton Contract 80.00 Kallas Automotive Parts 1,050.39 Kellerstrass Oil Supplies 3,758.24 MJB Animal Clinic Services 120.00 Modern Cleaners Laundry 720.00 Morcon Industrial Supplies 809.97 Mtn W est Business Solutions Contract 1,024.75 Myers/Anderson Architects Services 10,687.20 North American Salt Co Salt 4,968.08 OT Excavation Services 5,035.00 Parnell’s Glass & Bodyworks Repairs 2,066.74 Pitney Bowes Equipment 2,430.06 Porter Muirhead Cornia Howard Audit 3,500.00 Preston Sheets Reimbursement 439.83 Safety Supply & Sign Supplies 366.51 Scott Sargent Law Office Services 370.00 Schweizer Emblem Company Supplies 712.50 Six States Parts 440.21 Skaggs Supplies 720.78 Smith’s Food & Drug Supplies 172.84 Tom’s HVAC Repairs 357.11 Two Guys Flooring Repairs 95.00 Union Pacific RR Lease 3,445.00 Century Link Utilities 1,391.40 Rocky Mountain Power Utilities 9,267.21 W alMart Supplies 810.72 W estar Printing Printing 869.00 Taylour W elling Contract 15.00 W ETCO Services 437.00 W hite Mountain Lumber Supplies 155.50 W .W & P.C.A. Dues 150.00 One-Call of W yoming Services 51.75 Yamaha Motor Corp Contract 3,281.75 Prestige Flags Flags 732.68 W ARW S Dues 375.00 Utah/Yamaha Controls Services 312.50 Dana Kepner Parts 115.20 Trudy Lym Reimbursement 530.64 Microflex Supplies 216.10 Darrel Layton Services 40.00 Golden Rule Supplies 215.56 Kenneth W est Reimbursement 1,149.10 Utility Bill Solutions Services 953.19 W CDA Refund 294.39 Donnell or Lupe Jones Refund 100.00 Heather Adams Refund 450.00 Shipping Plus Shipping 26.28 Joe Archuleta Services 50.00 Cate Equipment Parts 1,483.54 The motion passed unanimously with 7 yes votes: Bell, Rex, Perkes, W elling, Meyer, Schuler. Council Comments Mayor Bell and the City Councilmembers all commented on the New Year’s Eve Celebration and thanked all those involved in making this years celebration such a great event. They also wished everyone a Happy New Year. Appointment of Department Heads/Attorneys/Municipal Judges Councilmember moved, Councilmember Welling seconded, to confirm the Mayor’s appointment of the following Department Heads, Attorneys and Municipal Judges: Chief of Police - Jon Kirby Director of Planning and Development - Paul Knopf City Engineer - Brian Honey City Treasurer - Kathy Defa Director of Administrative Services/City Clerk - Amy Grenfell City Attorney - Dennis Boal City Prosecutor - Paul Skog Municipal Court Judge - Mark Harris Alternate Municipal Court Judge - Ammon Francom The motion passed unanimously with 6 yes votes: Rex, Perkes, W elling, Meyer, Schuler. ---PAGE BREAK--- Appointment to Boards Mayor Bell made appointments to the following boards and committees. Councilmember Meyer moved, Councilmember Welling seconded, to confirm the following appointments: Human Services Joint Powers Board Evan Perkes - February 2017 Brian Honey - February 2017 Lodging Tax Board Val Cook - January 2017 Sandra Lowe - January 2017 Lynn Pahl - January 2017 Kathy Defa - January 2017 Planning and Zoning Commission/Board of Adjustments Michael Sellers - January 2017 Deborah Demander - January 2016 Andy Bailey - January 2017 Phil Petersen - January 2017 Preservation Commission Gary Cazin - January 2017 Becky Crum - January 2017 Tree Board Tim Gill - January 2017 Leann Hutchinson - January 2017 Urban Renewal Board Joy W alton - January 2019 The motion passed unanimously with 6 yes votes: Rex, Perkes, W elling, Meyer, Schuler. Public Hearing/CDBG/ Youth Service Building City Attorney, Dennis Boal conducted a public hearing to receive public comment regarding a proposed Economic Development Planning/Community Development Block Grant (CDBG) Application with the W yoming Business Council for the proposed construction of a new addition to the Youth Services Building for Preschool Education. Grant W riter, Mieke Madrid present a broad overview of the project and the reason for the grant application. Evanston Child Development Center/Boys and Girls Club Executive Director, Kendra W est spoke in favor of the grant. No one else addressed the issue and Mr. Boal closed the hearing. Financial Disclosure Statements Councilmember Rex moved, Councilmember Schuler seconded, to accept Financial Disclosure Statements from the Mayor, Council, City Clerk and the City Treasurer. The motion passed unanimously with 7 yes votes: Bell, Rex, Perkes, W elling, Meyer, Schuler. Resolution 14-01 Councilmember Meyer introduced Resolution 14-01. Councilmember Meyer moved, Councilmember Perkes seconded, to adopt Resolution 14-01. Resolution 14-01: A RESOLUTION OF THE CITY OF EVANSTON, W YOMING AUTHORIZING AN APPLICATION TO OBTAIN FUNDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR THE CONSTRUCTION OF A NEW ADDITION TO THE YOUTH SERVICES BUILDING FOR EARLY CHILDHOOD EDUCATION. W HEREAS, the governing body recognizes that there is a need to provide suitable facilities for the provision of a preschool education for the children in the community; and W HEREAS, the Community Development Block Grant Program is designed to assist communities in providing such facilities; and W HEREAS, the City of Evanston proposes to use CDBG grant funds to construct an addition to the Youth Services Building to provide space for early childhood education; and W HEREAS, a public hearing was held on January 7, 2014, by the governing body to explain the proposal and the rules and regulations applicable to the CDBG program, and to receive public input: NOW , THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, W yoming as follows: ---PAGE BREAK--- Section 1. The City of Evanston hereby authorizes an application to obtain funds under the Community Development Block Grant Program of the Sate of W yoming to construct an addition to the Youth Services Building to provide space for early childhood education. Section 2. The Mayor and City Clerk are authorized to sign and attest all documents which are necessary to submit and apply for the grant. PASSED, APPROVED AND ADOPTED the 7 day of January, 2014. th Joy Bell, Mayor ATTEST: Amy L. Grenfell, City Clerk The motion passed unanimously with 7 yes votes: Bell, Rex, Perkes, W elling, Meyer, Schuler. Resolution 14-02 Councilmember Schuler introduced Resolution 14-02. Councilmember Schuler moved, Councilmember seconded, to adopt Resolution 14-02. Resolution 14-02: A RESOLUTION AUTHORIZING THE CITY OF EVANSTON, W YOMING, TO LEASE, W ITH AN OPTION TO PURCHASE, CERTAIN EQUIPMENT FROM UINTA BANK, EVANSTON, W YOMING. W HEREAS, the governing body (the "Governing Body") of the City of Evanston, W yoming (the "Lessee') has determined that the needs of Lessee include certain equipment listed on EXHIBIT D of that certain Lease and Option to Purchase Agreement (the "Agreement") and made a part hereof by this reference (the "Equipment"); and W HEREAS, pursuant to this resolution (the "Authorizing Resolution"), Lessee intends to enter into the Agreement with Uinta Bank, Evanston, W yoming (the "Lessor"), to which this Authorizing Resolution constitutes EXHIBIT A, to provide for the payment of the costs of acquisition of the Equipment; and W HEREAS, the Lessee is an incorporated municipality duly organized and validly existing under the constitution and laws of the State of W yoming; and W HEREAS, the Lessee has the requisite power and authority to execute and deliver the Agreement and to incur and perform the obligations of Lessee as set forth in the Agreement; and W HEREAS, the Agreement will be duly authorized and executed by Lessee and will be a valid and binding agreement of Lessee enforceable in accordance with its terms, except insofar as the enforcement thereof may be limited by any applicable bankruptcy, insolvency, moratorium, reorganization or other laws or equitable principles of general application or of application to W yoming municipalities or public entities such as Lessee affecting remedies or creditors' rights; and W HEREAS, the authorization and execution of the Agreement and all other proceedings of Lessee relating to the transactions contemplated thereby, including without limitation the acquisition and operation of the Equipment, will be performed in accordance with all open meeting laws, public bidding laws and all other applicable laws; and W HEREAS, the Lessee will obtain all necessary licenses, permits and approvals, if any, required by all governing bodies or agencies having jurisdiction over the acquisition and operation of the Equipment; and W HEREAS, the Equipment to be leased pursuant to the Agreement constitutes personal property and when subjected to use by Lessee will not be or become a fixture under applicable law; and W HEREAS, to the best of the Lessee's knowledge, there is no proceeding pending or threatened against or affecting Lessee in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined would adversely affect the validity or enforceability of the Agreement, the ability of Lessee to perform its obligations under the Agreement the transactions contemplated by the Agreement or the security interest of Lessor or its assigns in the Equipment; and W HEREAS, the Governing Body of Lessee desires to authorize certain officers of the Lessee and members of the Governing Body of Lessee to proceed to finalize the form of the Agreement and all other documents necessary to effect the financing and to negotiate the necessary terms and provisions thereof . NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, W YOMING THAT: Section 1. All action heretofore taken (not inconsistent with the provisions of this Authorizing Resolution) by the Governing Body of Lessee or officers of Lessee, directed toward the financing of the Equipment, are hereby ratified, approved and confirmed by the Mayor or designee of the Governing Body (the "Designee"). ---PAGE BREAK--- Section 2. The Agreement, including the Exhibits, in substantially the same form as presented at this meeting, with such additions, omissions and changes as may be requested by the Lessee or its legal counsel and persons executing the same, their execution being conclusive evidence of their approval of any such additions, omissions, and changes, is hereby approved and the Mayor or Designee, where appropriate, are authorized and directed to affix his, her or their signatures and the official corporate seal of Lessee thereto. Section 3. No provision of this Authorizing Resolution or the Agreement shall be construed as creating or constituting a general obligation or other indebtedness of Lessee or a mandatory payment obligation of Lessee in any ensuing Fiscal Year beyond the current Fiscal Year. Section 4. The Governing Body of Lessee hereby represents that the reasonably anticipated amount of qualified tax-exempt obligations which have been and will be issued by Lessee does not exceed $10,000,000 for the 2014 calendar year and hereby designates the Agreement to be a "qualified tax-exempt obligation" pursuant to Section 265 of the Internal Revenue Code of 1986, as amended. Section 5. If any section, paragraph, clause or provision of this Authorizing Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Authorizing Resolution. Section 6. All resolutions, or parts thereof, inconsistent with this Authorizing Resolution or with any of the documents hereby approved, are hereby repealed only to the extent of such inconsistency. This repealer shall not be construed as reviving any resolution or part thereof. Section 7. This Authorizing Resolution shall be in full force and effect upon its passage and adoption. PASSED, APPROVED AND ADOPTED the 7 day of January, 2014. th Joy Bell, Mayor ATTEST: Amy L. Grenfell, City Clerk The motion passed unanimously with 7 yes votes: Bell, Rex, Perkes, W elling, Meyer, Schuler. Resolution 14-03 Councilmember Perkes introduced Resolution 14-03. Councilmember Perkes moved, Councilmember Welling seconded, to adopt Resolution 14-03. Resolution 14-03: RESOLUTION OF THE CITY OF EVANSTON, W YOMING, AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM DRYCAKE VANDERBEKEN ENTERPRISES Ltd. TO PROVIDE A CUSTOM DGC GRIT CLASSIFIER FOR THE W ASTEW ATER TREATMENT PLANT. W HEREAS, the City of Evanston has a need to replace the existing grit classifier on the wastewater treatment plant; and W HEREAS, DRYCAKE Vanderbeken Enterprises Ltd. has submitted the best proposal to replace said equipment; NOW , THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, W YOMING THAT: Section 1: The City of Evanston, W yoming hereby accepts and agrees to the attached proposal submitted by DRYCAKE Vanderbeken Enterprises Ltd., which is attached hereto, to provide the City with a new DGC grit classifier on the wastewater treatment plant. PASSED, APPROVED AND ADOPTED the 7 day of January, 2014. th Joy Bell, Mayor ATTEST: Amy L. Grenfell, City Clerk The motion passed unanimously with 7 yes votes: Bell, Rex, Perkes, W elling, Meyer, Schuler. Resolution 14-04 Councilmember introduced Resolution 14-04. Councilmember moved, Councilmember Rex seconded, to adopt Resolution 14-04. Resolution 14-04: A RESOLUTION OF THE CITY OF EVANSTON, W YOMING AUTHORIZING THE EXECUTION OF AN AGREEMENT W ITH FORSGREN ASSOCIATES, INC. TO PROVIDE ENGINEERING SERVICES FOR THE W ATER STORAGE TANK REPLACEMENT PROJECT. ---PAGE BREAK--- W HEREAS, the City of Evanston and Forsgren Associates, Inc. have negotiated an agreement whereby Forsgren Associates, Inc., will perform the services set forth in the Agreement for the W ater Storage Tank Replacement Project; and W HEREAS, the City of Evanston and Forsgren Associates, Inc., have set their agreement in writing, a copy of which is attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, W YOMING THAT: Section 1: The Mayor is hereby authorized to execute, and the City Clerk attest, on behalf of the City of Evanston, the Agreement between the City of Evanston and Forsgren Associates, Inc., a copy of which is attached hereto, for services necessary for the W ater Storage Tank Replacement Project. PASSED, APPROVED AND ADOPTED the 7 day of January, 2014. th Joy Bell, Mayor ATTEST: Amy L. Grenfell, City Clerk The motion passed unanimously with 7 yes votes: Bell, Rex, Perkes, W elling, Meyer, Schuler. Comments/Remarks The Department Heads all thanked the Mayor and Councilmembers for reappointing them for another year. Adjournment W ith no further business to be conducted at this time Mayor Bell adjourned the meeting at 6:43 p.m. Joy Bell, Mayor Amy L. Grenfell, City Clerk