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EVANSTON CITY COUNCIL Second Regular Meeting March 19, 2013 The official record of proceedings of the second regular meeting of the Evanston City Council for the month of March was held in the Council Chambers of City Hall on the above date. These proceedings were video recorded. Gordon Robinson 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 5:33 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, David Welling, Saundra Meyer, and Wendy Schuler. Councilmember Evan Perkes was excused. Staff members present at the start of the meeting were: City Attorney, Dennis Boal; Director of Administrative Services/City Clerk, Jim Davis; City Treasurer, Kathy Defa; Director of Planning & Development, Paul Knopf; Director of Public Works/City Engineer, Brian Honey; Police Chief, Jon Kirby; Director of Parks and Recreation, Dennis Poppinga; Public Works Superintendent, Oop Hansen, and Deputy City Clerk, Nancy Stevenson. A group of interested citizens were also present. Approve Agenda Councilmember Welling moved, Councilmember Meyer seconded, to approve the agenda. The motion passed unanimously with 6 yes votes: Bell, Rex, Welling, Meyer, Schuler. Approve Minutes The official record of proceedings for the City Council Meeting held March 5, 2013, and City Council Work Session Minutes for March 12, 2013 were approved as presented. Bills Councilmember Schuler moved, Councilmember Meyer seconded, to approve the following bills for payment: March 6, 2013 to March 19, 2013 VENDOR FOR AMOUNT AXA Equivest Payroll 1,987.14 Beneficial Life Payroll 269.68 Blue Cross/Blue Shield Payroll 107,875.47 Delta Dental Payroll 5,747.20 Flexshare Payroll 2,687.00 ING Life Insurance Payroll 29.20 NCPERS Payroll 80.00 Orchard Trust Payroll 583.36 Parks and Recreation Payroll 139.83 The Hartford Payroll 160.30 Uinta County Court Payroll 45.00 Vantage Point Payroll 1,341.92 Vision Service Plan Payroll 1,800.00 WEBT Payroll 990.00 Wyoming Dept of Employment Payroll 5,943.29 Wyoming Child Support Payroll 1,202.77 Wyoming Retirement Payroll 39,242.15 Payroll Payroll 103,295.20 EFTPS Payroll 36,018.30 Montana Dept of Commerce Registration 475.00 Choice Point Testing 61.00 All West Internet 660.92 Cazin’s Supplies 309.96 CD’s Electric Electrical 284.00 Cassidy’s Critter Control Services 20.00 City of Evanston Utilities 1,509.56 Communication Technologies Supplies 500.00 Course Trends Website 295.00 Crum Electric Supplies 148.32 Norco Supplies 148.18 Deru’s Glass Doors 2,910.20 Ellingford’s Gravel 900.00 Evanston Motor Co Parts 12.69 Evanston Parks & Recreation City Subsidy 87,771.00 ---PAGE BREAK--- First Bank Visa 8,341.80 Fore Reservations Software 1,100.00 Freeway Tire Repair 20.00 Murdochs Supplies 196.97 Natalie Albrecht Green Contract 120.00 Greenhorn Plant 25.00 Nicholas Earl Horton Contract 240.00 Jeff Murdock Reimbursement 141.32 Kallas Automotive Parts 1,365.69 Keith’s Feed Supplies 61.00 Kellerstrass Oil Oil 5,000.46 Lewis-Goetz & Co Supplies 108.42 Morcon Industrial Supplies 470.93 Mtn West Business Solutions Equipment/Contract 15,079.77 Questar Gas Utilities 14,636.09 Myers/Anderson Architects Services 18,252.50 Nike Golf Supplies 232.66 Nuquest Repairs 5,247.40 PR Diamond Products Supplies 185.00 Pro Video Productions Services 374.00 Gordon Robinson Reimbursement 1,483.80 Response Options Registration 295.00 Real Kleen Supplies 1,730.03 Rocky Mountain Turf Parts 884.26 Six States Distributors Parts 168.80 Skaggs Supplies 1,609.90 Paul R. Skog Services 3,636.00 Smith’s Food & Drug Supplies 47.75 Standard Plumbing Parts 98.57 Alsco Laundry Service 264.74 Tom’s HVAC Repairs 2,048.22 Uinta County Herald Ads 3,241.97 Uinta Network Services Services 45.00 United Service and Sales Supplies 44.38 Vulcan Industries Supplies 703.00 Century Link Utilities 2,562.81 Rocky Mountain Power Utilities 28,162.56 Wyoming Waste Systems Services 104.03 Westar Printing Printing 298.00 Taylour Welling Contract 45.00 WET Inc Testing 1,500.00 WLECA 2013 Training Seminar Tuition 350.00 Wyoming Law Enforcement Academy Tuition 285.00 One-Call of Wyoming Services 19.50 Young Ford Parts 217.34 Richo Contract 210.39 Heartland Kubota Parts 278.93 Creative Ink Images Promotional 743.35 Wyo Dept of Transportation Maintenance 246.78 Warner Truck Center Parts 76.75 Sweetwater County Sheriff Detention 3,255.00 Kelly Sather Refund 100.00 Matthew Asay Restitution 254.00 Patricia Ochinero Refund 75.00 Spring Turner Refund 100.00 Media Skills Ads 10,803.22 Shipping Plus Shipping 66.13 Uinta Boces #1 Tuition 70.00 Education & Training Services Tuition 998.00 Wright Express Fuel 17,602.15 Nutech Specialties Supplies 40.38 Animal Care Equipment Supplies 50.80 Tracks Across Wyoming Membership 100.00 The motion passed unanimously with 6 yes votes: Bell, Rex, Welling, Meyer, Schuler. Revenue & Expenditure Report Councilmember moved, Councilmember Rex seconded, to approve the Revenue and Expenditure Report. The motion passed unanimously with 6 yes votes: Bell, Rex, Welling, Meyer, Schuler. ---PAGE BREAK--- Council Comments The Mayor and Councilmembers all congratulated the Evanston Red Devil teams that recently participated at the State Tournaments. It was also noted that coaches from around the state were very impressed with how our teams, coaches and fans represented themselves and Evanston. Councilmember Schuler reminded everyone of the Celtic Festival that will be held this week. Mayor Bell stated that there will be a community garden meeting Wednesday at 5:30 p.m. in the Public Works Conference Room. She also commented that she recently signed proclamations for Disabilities Awareness Month, International Women’s Day, and Job’s Daughters’ Week. Consent Agenda Councilmember Welling moved, Councilmember Meyer seconded, to approve a Catering Permit requested by the Rachel’s, LLC dba: Kate’s for the Republican Party at the Roundhouse on Saturday, April 6, 2013 from 4:00 p.m. to 11:00 p.m. The motion passed unanimously with 6 yes votes: Bell, Rex, Welling, Meyer, Schuler. Ordinance 13-01 Councilmember Rex moved, Councilmember Schuler seconded, to pass Ordinance 13-01 on second reading. Ordinance 13-01: AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING ENACTING SECTION 4-6.1. OF ARTICLE II OF CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE EVANSTON CITY CODE TO REQUIRE LICENSEES TO REQUIRE PERSONS WHO SERVE ALCOHOL HAVE ALCOHOL SEVER TRAINING. The motion passed unanimously with 6 yes votes: Bell, Rex, Welling, Meyer, Schuler. Resolution 13-09 Councilmember Meyer introduced Resolution13-09. Councilmember Meyer moved, Councilmember Welling seconded, to adopt Resolution 13-09. Resolution 13-09: RESOLUTION OF THE CITY OF EVANSTON, WYOMING, AUTHORIZING THE EXECUTION OF A EMPLOYER PLAN SELECTION WITH THE WYOMING EDUCATOR’S BENEFIT TRUST (WEBT) TO PROVIDE ADMINISTRATIVE AND ADVISORY SERVICES WITH RESPECT TO THE CITY EMPLOYEE MEDICAL, VISION LIFE INSURANCE PROGRAMS. WHEREAS, one of the benefits the City provides to its employees is medical, vision and life insurance programs; WHEREAS, the Wyoming Educator’s Benefit Trust (WEBT) provides administrative and advisory services for the City, with respect to the programs; and WHEREAS, the City needs to make a plan selection for WEBT to administer; 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 Employer Plan Selection between the City of Evanston and the Wyoming Educator’s Benefit Trust (WEST) a copy of which is attached hereto. PASSED, APPROVED AND ADOPTED the 19th day of March, 2013. Joy Bell, Mayor ATTEST: James H. Davis, City Clerk The motion passed unanimously with 6 yes votes: Bell, Rex, Welling, Meyer, Schuler. Resolution 13-10 Councilmember introduced Resolution13-10. Councilmember moved, Councilmember Schuler seconded, to adopt Resolution 13-10. Resolution 13-10: RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION AND DELIVERY OF A QUITCLAIM DEED TO KELLY E. JOHNSON TO CLEAR THE TITLE ---PAGE BREAK--- TO A STRIP OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 15 NORTH, RANGE 120 WEST OF THE SIXTH P.M., CITY OF EVANSTON, UINTA COUNTY, WYOMING. WHEREAS, in 1979, Union Pacific Land Resources Corporation donated a strip of land to the City of Evanston to be used as an alley by a Donation Quit Claim Deed which was recorded on March 7, 1983 in Book 436, Page 202 of the land records of the Uinta County Clerk; and WHEREAS, the Donation Deed contains a reversion clause which provides as follows: Said premises herein quitclaimed shall be used by Grantee, its successors and assigns, solely for roadway purposes. If Grantee, its successors or assigns, shall abandon the premises herein quitclaimed or any portion thereof for the aforesaid purposes, or if the same shall be used for any other purpose, then and in either of such events all the rights herein granted shall cease and determine with respect to the premises so abandoned, and the title to the premises so abandoned shall immediately revert to and become revested in Grantor, its successors and assigns. WHEREAS, in 2006, Andarko Land Corp., f/k/a/ Union Pacific Land Resources Corporation, conveyed a portion the strip of land previously donated to the City, to Kelly E. Johnson by a Quitclaim Deed recorded on May 1, 2006 in Book 862, Page 810 of the land records maintained by the Uinta County Clerk; and WHEREAS, the City has confirmed that it is not using that portion of the strip of land that was conveyed to Kelly E. Johnson by Andarko Land Corp.; and WHEREAS, it is necessary for the City to quitclaim its interest in the portion of the strip of land conveyed to Kelly E. Johnson to clear title; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING THAT: Section 1: The City of Evanston, Wyoming is hereby authorized to execute and deliver a quitclaim deed conveying the Kelly E. Johnson the real property described below: A strip of land located in the Southeast Quarter (SE1/4) of Section 17, Township 15 North, Range 120 West of the Sixth P.M., City of Evanston, Uinta County, Wyoming, and being more particularly described as follows: Beginning at the Northeast Corner of Lot 8, Block 10 of the Addition to the Union Pacific Subdivision; Thence along the North Line of said addition North 4707'27" West a distance of 100.00 feet; Thence North 4252'33" East a distance of 20.00 feet; Thence parallel with the North Line of said addition South 4707'27" East a distance of 400.00 feet; Thence South 4252'33" West a distance of 20.00 feet to the North Line of said addition, said point also being the Point of Beginning. Said strip of land contains an area of 8,000 square feet more or less (0.184 acre, more or less). Section 2: The Mayor and City Clerk are hereby authorized to sign and attest the Quitclaim deed on behalf of the City of Evanston. PASSED, APPROVED AND ADOPTED the 19th day of March, 2013. Joy Bell, Mayor ATTEST: James H. Davis, City Clerk The motion passed unanimously with 6 yes votes: Bell, Rex, Welling, Meyer, Schuler. Public Participation Mayor Bell thanked Richard Pivar for his citizen involvement in the rescue of a cat that had been treed for several days. Executive Session Councilmember Welling moved, Councilmember seconded, to adjourn into an Executive Session to discuss a Real Estate proposal. The motion passed unanimously with 6 yes votes: Bell, Rex, Welling, Meyer, Schuler. Councilmember Schuler moved, Councilmember Rex seconded, to adjourn from Executive Session. The motion passed unanimously with 6 yes votes: Bell, Rex, Welling, Meyer, Schuler. Adjournment With no further business to be conducted at this time Mayor Bell adjourned the meeting at 7:13 p.m. ---PAGE BREAK--- Joy Bell, Mayor James H. Davis, City Clerk