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EVANSTON CITY COUNCIL First Regular Meeting September 3, 2013 The official record of proceedings of the first regular meeting of the Evanston City Council for the month of September was held in the Council Chambers of City Hall on the above date. These proceedings were video recorded. Lanita Bintz 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 5:30 p.m. and welcomed everyone present. Those present from the governing body at the start of the meeting were: Mayor Bell; Councilmembers Tim Evan Perkes, David W elling, Saundra Meyer, and W endy Schuler. Councilmember Curtis Rex was excused. Staff members present at the start of the meeting were: City Attorney, Dennis Boal; Director of Administrative Services/City Clerk, Jim Davis; Director of Public W orks/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 Superintendent, Oop Hansen; Deputy City Clerk, Nancy Stevenson; Police Lieutenant, Ken Pearson; and Police Lieutenant, Bill Jeffers. A group of interested citizens were also present. Approve Agenda Mayor Bell suggested the following change to the agenda: Under New Business, delete Resolution 13-63. Councilmember moved, Councilmember Welling seconded, to approve the agenda with the suggested change. The motion passed unanimously with 6 yes votes: Bell, Perkes, W elling, Meyer, Schuler. Approve Minutes The official record of proceedings for the City Council Meeting held August 20, 2013 and a Work Session Meeting held August 27, 2013 were approved as presented. Bills Councilmember Schuler moved, Councilmember Meyer seconded, to approve the following bills for payment: August 21, 2013 to September 3, 2013 VENDOR FOR AMOUNT AXA Equivest Payroll 1,959.64 Flexshare Payroll 2,197.00 ING Life Insurance Payroll 29.20 Orchard Trust Payroll 583.36 Parks & Recreation Payroll 136.18 Uinta County Court Payroll 100.36 Vantage Point Payroll 1,366.92 W yoming Child Support Payroll 770.05 Payroll Payroll 108,127.54 EFTPS Payroll 37,425.09 All Data Subscription 1,500.00 Cowboy Motor Company Vehicles 94,406.00 Cazin’s Supplies 406.63 CD’s Electric Electrical 178.40 Cassidy’s Critter Control Services 60.00 Cannon Sales Supplies 150.00 Verizon W ireless Cell Phones 993.05 Course Trends W ebsite 590.00 Crum Electric Supplies 322.92 W yo Dept of Transportation License Plates 12.00 Deru’s Glass Supplies 298.34 Ellingford’s Cement 1,559.50 Chemtech-Ford Laboratories Testing 78.00 Evanston Business Leadership Training 175.00 Evanston Chamber of Commerce Contract 9,082.50 Forsgren Associates Services 712.50 Garage Door Specialist Repairs 728.00 Great Basin Turf Products Supplies 984.00 ---PAGE BREAK--- Murdochs Supplies 1,093.56 Natalie Albrecht Green Contract 40.00 Hart Signs Supplies 44.00 Sara Hull Services 175.00 Harris Law Office Services 4,000.00 Nicholas Earl Horton Contract 40.00 Hutchinson Oil Supplies 6,008.55 High Country Behavioral Evaluation 450.00 Intermountain Sweeper Parts 76.72 Kimball Midwest Parts 168.06 Kallas Automotive Parts 529.03 Lorenz Manufacturing Parts 17.18 Morcon Industrial Supplies 751.64 Mtn W est Business Solutions Contract 1,143.28 Nalco Company Chemicals 29,871.40 Northwest Scientific Supplies 1,227.06 Office Products Dealer Supplies 177.60 Pops Privy Services 350.00 Jack B. Parson Asphalt 1,030.50 City of Evanston Reimbursement 198.27 Ping Supplies 76.83 Pitney Bowes Supplies 350.16 Reserve Account Postage 15,000.00 Proforce Law Enforcement Supplies 409.45 Gordon Robinson Excel Award 300.00 Real Kleen Supplies 447.19 Rocky Mountain Turf Parts 45.90 Scott Sargent Law Office Contract 970.00 Interwest Supply Parts 857.26 Six States Parts 27.50 Smith’s Food & Drug Supplies 102.57 Sun Fresh Laundro Laundry 1,445.25 Superior Rental Parts 49.32 Tom’s HVAC Repairs 998.74 Titleist Supplies 1,545.20 Turf Equipment Parts 274.88 Uinta County Clerk Titles 90.00 Uinta County Herald Ads 337.50 Uinta County Solid W aste Landfill 19,055.20 In Contact Utilities 452.50 Rocky Mountain Power Utilities 17,011.24 VFW Flag Promotional 670.00 W alMart Supplies 1,144.82 W AMCAT Dues 195.00 W estar Printing Printing 61.25 Taylour W elling Contract 45.00 W estern W ater W orks Parts 8,076.13 W AM Registration 15.00 One-Call of W yoming Services 107.25 Yamaha Motor Corp Contract 3,281.75 Herman Roybal Excel Award 200.00 Independent Software Solutions Supplies 127.50 JC Golf Supplies 965.32 Swire Coca Cola Supplies 65.64 Steve Smith Reimbursement 329.03 Taylor Made Supplies 50.65 Chemsearch Supplies 112.62 Sweetwater County Sheriff Detention 1,470.00 Jesse Hawkins Excel Award 200.00 W eston Cobb Refund 800.00 Utility Bill Solutions Services 250.82 Lakeside Parts 4,036.00 Sheila Lybarger Refund 100.00 Frank Sheets Excel/Service Awards 200.00 Tyler Tholl Excel Award 200.00 Mary W alberg Refund 100.00 Bruce Hartzell Excel Award 200.00 Steve Regan Supplies 865.26 Best W estern Dunmar Rooms 158.00 The motion passed unanimously with 6 yes votes: Bell, Perkes, W elling, Meyer, Schuler. Council Comments The Councilmembers all thanked the Rotary Club, City Crews, and the Cowboy Day’s Committee for a great ---PAGE BREAK--- Labor Day W eekend. Mayor Bell commented on Cowboy Days, the Relay for Life, and the Labor Day Parade and thanked all those involved in those events. Citizen Recognition/Lanita Bintz Police Chief, Jon Kirby, Lieutenant Bill Jeffers, and Lieutenant Ken Pearson presented Lanita Bintz with a certificate to thank her for the honesty and integrity she showed by turning in a wallet she found with over $500.00 in cash in it. EXCEL! Award Presentation Ken Pearson, CERC (City of Evanston Recognition Committee) Chairperson, recognized past CERC Chairperson, Frank Sheets for his outstanding ability to lead the City of Evanston Recognition Committee into a very successful program. Mr. Sheets was presented with a certificate, an EXCEL! mug and coaster, an EXCEL! challenge coin, and a monetary award. Ken Pearson, CERC (City of Evanston Recognition Committee) Chairperson, and past CERC Chairperson, Frank Sheets, recognized members of the Public W orks W ater Department: Tyler Tholl, Gordon Robinson, Bruce Hartzell, Herman Roybal, and Jesse Hawkins, for working together to ensure that all of the fire hydrants within the City were tested and in working condition. They were all presented with a certificate, an EXCEL! mug and coaster, an EXCEL! challenge coin or hat, and a monetary award. Public Hearing/Liquor License Transfer/Wyoming Downs OTB City Attorney, Dennis Boal conducted a public hearing to solicit public comment regarding the application for a transfer of ownership of a Retail Liquor License from BK Management, LLC dba: Evanston Sports Bar to W yoming Downs OTB, LLC dba: W yoming Downs OTB. Dharmesh Ahir and Eric Nelson spoke in favor of the application and explained the future plans for W yoming Downs Off Track Betting. No one else addressed the issue and Mr. Boal closed the hearing. Transfer of Ownership/Liquor License/Wyoming Downs OTB Councilmember Meyer moved, Councilmember Schuler seconded, to approve the renewal and transfer the ownership of the Retail Liquor License from BK Management, LLC, dba: Evanston Sports Bar to Wyoming Downs OTB, LLC dba: Wyoming Downs OTB. The motion passed unanimously with 6 yes votes: Bell, Perkes, W elling, Meyer, Schuler. Public Hearing/Liquor License Transfer/Lotty’s Liquor & Lounge City Attorney, Dennis Boal conducted a public hearing to solicit public comment regarding the application for a transfer of location of a Retail Liquor License, held by Red Heart Creations, LLC, dba: Lotty’s Liquor & Lounge. Ken Berscheit explained the reason for the application. No one else addressed the issue and the hearing was closed. Transfer of Location/Liquor License/Lotty’s Liquor & Lounge Councilmember Welling moved, Councilmember Meyer seconded, to approve the renewal and transfer of the Retail Liquor License held by Red Heart Creations, LLC, dba: Lotty’s Liquor & Lounge, to a 30'x50' room in the North 2/3 portion of a building located at 21 Marsh Lane. The motion passed unanimously with 6 yes votes: Bell, Perkes, W elling, Meyer, Schuler. Public Hearing/Liquor License Renewals A public hearing was conducted by City Attorney, Dennis Boal for all the applicants that filed for the renewal of their liquor licenses within the City of Evanston. Mr. Boal stated that all the applications have been reviewed by City Staff and the W yoming Liquor Division. Notice for the hearing has been advertised for four consecutive weeks in the local newspaper and a notice has been posted at each place of business. Mr. Boal asked if there was any opposition or comments regarding any of the liquor license renewals. No one address the issue and the hearing was closed. Councilmember Schuler moved, Councilmember Meyer seconded, to renew the following Liquor Licenses within the City of Evanston. Applicant Doing Business As Type Rachel’s, LLC Kate's Retail B.A.D. Co., Inc. Michael’s Bar and Grill Retail The Last Outpost, Inc. Don Pedro Family Mexican Restaurant Retail Yellow Creek Liquor, Inc. Discount Liquor Retail Spanky’s Bar, LLC Spanky’s Bar Retail Smith’s Food & Drug Center, Inc. Smith’s Liquor Retail Kashir Sinclair, Inc. Evanston Sinclair Retail The Golden Ticket, LLC The Painted Lady Saloon Retail ---PAGE BREAK--- Fraternal Order of Eagles #2359 FOE #2359 Limited Dunmar Inn, LLC Legal Tender Lounge Retail V.F.W . Post 4280 V.F.W . Post 4280 Limited Gateway Gourmet Catering, LLC The Gateway Grille at Purple Sage Retail APE W yoming, Inc. Porter's TNT Fireworks Retail High Plains Pizza, Inc. Pizza Hut #234 Restaurant Five - K, Inc. The Speed Bump Retail H.N.A., Inc. Cowboy Joe’s Retail Fraughton Enterprises, LLC The Last Chance Retail BASK, Inc. TC’s Steakhouse Retail Bonnie J. Alexander Veranda Bar Retail Spirits of Red Mountain, Inc. Spirits of Red Mountain Retail Luis Ibara El Rancho Grande Restaurant Restaurant Bon Rico, Inc. Bon Rico Retail Uinta Restaurants, Inc. J.B.'s Restaurant Restaurant Hortencia & Gregoria Aguilar El Rincon Alegre Restaurant Suds Brother, Inc. Suds Brothers Brewery Bar & Grill Suds Brother, Inc. Suds Brothers Brewery Micro Brewery Ashray Motel, LLC Howard Johnson Resort Main St. Deli, LLC Main Street Deli Restaurant The motion passed unanimously with 6 yes votes: Bell, Perkes, W elling, Meyer, Schuler. Resolution 13-60 Councilmember Meyer introduced Resolution 13-60. Councilmember Meyer moved, Councilmember Perkes seconded, to adopt Resolution 13-60. Resolution 13-60: RESOLUTION OF THE CITY OF EVANSTON, W YOMING AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A GRANT AGREEMENT W ITH THE UNITED STATES OF AMERICA THROUGH THE FEDERAL AVIATION ADMINISTRATION FOR A PROJECT TO REHABILITATE APRON (DESIGN) AT THE EVANSTON-UINTA COUNTY AIRPORT BURNS FIELD. W HEREAS, the Evanston-Uinta Airport Joint Powers Board has been awarded a grant from the Federal Aviation Administration for a project to Rehabilitate Apron (Design) at the Evanston-Uinta County Airport Burns Field; and W HEREAS, it is necessary for the City of Evanston to accept and execute a Grant Agreement with the Federal Aviation Administration in order to receive the federal grant funds; NOW , THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EVANSTON, W YOMING THAT: Section 1: The City of Evanston hereby accepts and authorizes the execution of the Grant Agreement with the Federal Aviation Administration for a project to Rehabilitate Apron (Design) at the Evanston-Uinta County Airport Burns Field. Section 2: The Mayor and City Clerk are hereby authorized to sign and attest the Grant Agreement with the Federal Aviation Administration on behalf of the City of Evanston. PASSED, APPROVED AND ADOPTED the 3 day of September, 2013. rd Joy Bell, Mayor ATTEST: James H. Davis, City Clerk The motion passed unanimously with 6 yes votes: Bell, Perkes, W elling, Meyer, Schuler. Resolution 13-61 Councilmember introduced Resolution 13-61. Councilmember moved, Councilmember Schuler seconded, to adopt Resolution 13-61. Resolution 13-61: A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, W YOMING AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM MOUNTAIN REGIONAL SERVICES, INC. TO PROVIDE ADOLESCENT INTENSIVE OUTPATIENT TREATMENT FOR THE DRUG AND ALCOHOL COURT PROGRAM FOR JUVENILE OFFENDERS. W HEREAS, the City of Evanston provides a drug and alcohol court program for juvenile offenders through its municipal court; and W HEREAS, it is necessary for the City to approve and accept the attached proposal from Mountain Regional Services, Inc., in order to provide intensive outpatient treatment as part of the program; ---PAGE BREAK--- NOW , THEREFORE, BE IT RESOLVED by the governing body of the City of Evanston, W yoming as follows: Section 1. The attached proposal from Mountain Regional Services, Inc. to provide adolescent intensive outpatient treatment for the Drug and Alcohol Court Program for juvenile offenders is hereby accepted and approved. PASSED, APPROVED AND ADOPTED the 3 day of September, 2013. rd Joy Bell, Mayor ATTEST: James H. Davis, City Clerk The motion passed unanimously with 6 yes votes: Bell, Perkes, W elling, Meyer, Schuler. Award Bid/Parks & Rec Building Control System Retro fit Project Councilmember Perkes moved, Councilmember Meyer seconded, to award the bid for the Parks and Recreation Building Control System Retro Fit Project to Rocky Mountain Trane, the apparent low bidder meeting all City specifications, in the amount of $28,763.00. The motion passed unanimously with 6 yes votes: Bell, Perkes, W elling, Meyer, Schuler. Resolution 13-62 Councilmember Schuler introduced Resolution 13-62. Councilmember Schuler moved, Councilmember Welling seconded, to adopt Resolution 13-62. Resolution 13-62: RESOLUTION OF THE CITY OF EVANSTON, W YOMING AUTHORIZING THE EXECUTION OF A CONTRACT W ITH ROCKY MOUNTAIN TRANE, FOR THE PARKS AND RECREATION BUILDING CONTROL SYSTEM RETRO FIT PROJECT. W HEREAS, the City of Evanston has a need to install a new HVAC computerized building control system for the Parks and Recreation Building; and W HEREAS, the City has solicited bids from contractors to provide the material and perform the work to install the HVAC computerized building control system; and W HEREAS, Rocky Mountain Trane has submitted the lowest bid to do the work for the Park and Recreation Building Control System Retro Fit Project; 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 Contract between the City of Evanston, as Owner, and Rocky Mountain Trane as Contractor, a copy of which is attached, for completion of all work for the Parks and Recreation Building Control System Retro Fit Project. PASSED, APPROVED AND ADOPTED the 3 day of September, 2013. rd Joy Bell, Mayor ATTEST: James H. Davis, City Clerk The motion passed unanimously with 6 yes votes: Bell, Perkes, W elling, Meyer, Schuler. Comments/Remarks Dennis Poppinga invited everyone to attend the Grand Opening Luncheon for the new Health Trail Fitness Course at the Bear River Greenway on Tuesday, September 10 at 12:00 noon. th Adjournment W ith no further business to be conducted at this time Mayor Bell adjourned the meeting at 6.24 p.m. Joy Bell, Mayor James H. Davis, City Clerk