City Council - Regular Meeting

February 6th. Thank you. I appreciate that. I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. I appreciate the correction. I'll be writing 2025 for the next couple of months anyway. So that's the way it always works seems like. So thank you. Welcome. We need to start with a roll call. Miss Harris, will you help us with that? Yes. Everyone is present and we do have a quorum.

Thank you. We have an agenda before us. Is there any changes to that agenda we need to consider before we move forward? If not, I'll entertain a motion to approve the agenda. I'll make that motion, your honor. Mr. Willing, I'll second it, your honor. Perk seconding. Any discussion? No discussion. All in favor say I. I.

I. Are there any opposed? We have an agenda. We have the city council minutes for December 16th. Any concerns with those minutes? If there is none, we will acknowledge those as they've been prepared and we will go on to the bills. Got a warrant register before us. Any questions on the bills? I make a motion we approve the bills. Mr. Seller is making a motion. Is there a second?

I'll second it. Your seconding. Any discussion on the motion? There's no discussion. All in favor say I. I. I. Are there any opposed? That's approved. We've got the revenue and expenditure report for September. Questions, comments, concerns about that report? There is none. Is there a motion to approve that report?

I'll make that motion, your honor. Perks with the motion. I'll second it. Mr. Lynn, you seconding? I think I heard Is that what I heard? Unless Mr. Was you want that one? You got it. It's up to you guys. I heard I heard you first and maybe my right ear's dominant. So, I heard you first. It's good. It's good here. Long as we got a motion in a second. Is there any discussion? There's no discussion. All in favor say I. I. I. Are there any opposed? That's approved as well. Council council comments. Let's start at the other end of the tent. Miss Hegman. What's on your mind tonight? I actually have something very important to say tonight.

I'll start with happy new year to all, but I prepared a little something and um I hope that it um resonates. Um, my uncle Richard Higgman passed away last week. I made a piece a long time ago with the fact that there would never be enough time with someone like him. He had extraordinary stories. When I was young, his stories cracked the illusion of my father's, his big brother prim and proper facade. tales of my dad strapping my uncle to the front bumper of the family Ford and driving him through the stick weeds or sprinting naked down railroad tracks after getting busted skinny dipping in the community pool. But it wasn't until much later that the truly jaw-dropping stories surfaced, the ones that were classified for decades. Like my father, my uncle was a veteran. As children, my cousins and I never really knew what our fathers did. Much of their work was conducted in the shadows and much of it remains classified. Only time allowed work stories to be told. My uncle was part of Project Jennifer, also known as Project Aoran, the top secret CIA mission to raise a Russian submarine from the ocean floor concealed behind the eccentric cover of Howard Hughes and the construction of the Hughes Gomer Explorer. He also worked on project Canakin where his team drilled 28 feet beneath the polar ice cap to build launch platforms for America's largest nuclear tests including a five megaton Spartan missile tests that would later help spark the formation of Greenpeace. He worked with Jacustoau and logged thousands of deep sea dives, some requiring a full week to surface and decompress, including at least one descent to 6500 ft.

There are many more stories just as historically defining. But that's not my point. Almost every Tuesday, I ask we remember our veterans, that we make time for them. But my uncle's death made something painfully clear. We aren't doing them a favor. They're doing us one. And when they're gone, so are the parts of history no archive ever recorded. The stories veterans carry are not the neat, polished versions preserved by history. They are the keepers of the truth. And many of those truths can't be spoken for 20, 30, or even 40 years. If we don't take time to listen, those stories remain in the shadows. And if they remain untold, they can never inspire the next generation. My father and uncle, two brothers raised poor in a small town, went on to live lives so extraordinary we pay to see versions of them in movie theaters. That kind of truth matters. They are gone. No more of their stories can be told. But there are veterans all around us with stories just as remarkable waiting to be heard. The stories of all of our veterans deserve to be brought into the light before they disappear with the people who carry them. Because and most importantly to see is to be. And if we want the next generation of Americans to know who they are capable of becoming, they need to know monikers like our nation's finest have never belonged only to the few distilled by historians. But that greatness and courage have always lived

in people that are all around us and most importantly people just like them. Condolences on your uncle's death. That's Thank you. Sorry to hear that. He was a great man. Sounds like he was. Mr. Sers,

I was just going to say condolences, too. Um, with with that, it was a pleasure of mine to take care of our veterans here and in Salt Lake for 22 years of my career. So I um I understand fully and I've I've got to know a lot and feel a lot for him. So just a reminder um for those who don't know we've lost several people in our community with suicide this last few weeks and it's just a reminder of how fragile things are. Lyman had a murder suicide which was tragic. young people dying. So, there's violence going on in our communities. There's lots of people suffering for different things. So, um be mindful of your neighbors. Be mindful of family members. Something's happening, reach out. I mean, Chief Brandish and his staff are very well equipped to be first responders and be there to hopefully stop bad things from happening when they went before they before they happened. I'm grateful for them. So, um, that's what I have.

Mr. Wing, thank you. Uh, thank you for your dad and uncle service. That's that's remarkable. Um, just one thing, thank Ma and her team and the committee for the bison drop. Uh, especially the fire department for coming through with the fire truck. And I don't know if any of you went down there. It was nice weather for the most part for January. But, uh, it went off well and we had nice crowd there. Could have been better, but it was a fun evening. and uh community choir director and I think her daughter sang a couple songs. Her sister sister. Yes, sir.

sang some sang some patriotic songs and it was a good kickoff to the uh the events that are going to happen this this year with the celebration of the declaration. Uh that bison is sitting in the courthouse and it'll be traveling to different communities. Uh, it'll make an appearance at the Evston City Hall for a few months, couple months, and then so we're going to move it. It's going to be moved around to put it. It's big.

Yes. And don't ride it. So, uh, but it's uh it was created by a young man from Evston that lives in St. George now, and he's the one that did the train and and then he had he only hires Evston alumnist to work for him down there, and they're the ones that painted it. So it's it's pretty it was pretty it was a good event. So excellent. That's all I have. Thank you, Mr. Perks.

Thanks, Jim. I just want to wish everybody a great new year. I hope it's a great one for every one of you and the city and condolences to your uncle. Um I'd also like to send condolences to the Bradshaws out in the valley. That was a tragic event and uh uh usually let Mike speak to the the suicide stuff for the but uh it is it is tough and uh if people are struggling please do what you can to help. Um but it is a new year 2026 and uh I think we got a lot of great things happening and I look forward to the new year.

Nice. And I'd like to thank everybody also for the job that they did, the staff and everyone and all the people behind the scenes on the decorations over the holiday season and for the New Year's and everything that everybody did. Um, can't thank them enough. They did a great job. Also, uh I condolences to everybody that's been lost and I hope this new year meets all your dreams and all your wishes for this for this next year. Thank you.

Thank you. Well, I think I'd just say amen to all of that. I I agree with everything that was said and I was going to mention the buffalo and the New Year's celebration and the ongoing celebration that we'll see over the course of the next year as we bison. The the what did I say? Buffalo. What's wrong with that? It's not a buffalo. It's a bison.

At any rate, it's a it was a neat uh neat event on New Year's uh New Year's Eve and it's fun to be involved in that. and and uh so I think we got a lot of fun things coming up over the course of this year as we have our 250th uh celebration. So with that, we will move on. Uh we do have a couple of board appointments to consider. The same name uh same guy uh and so I'll just uh he's he's served double duty for some time and he's been willing to continue and I think that would be a good thing. Mr. Dan Wheeler, I'd like to consider him or appoint him, bring him forth to serve a three-year term or continue to serve another three-year term on the UN County Economic Development Board as well as the lodging tax board. Those are both three years three-year terms to expire January of 2029. If somebody would like to make a motion to that effect,

I'll make that motion. Mr. Willing. I second. Mr. Seller seconding. Is there any discussion? Dan's done a great job on the lodging board. Uh he's a real asset to have. Dan cares a lot about this community and he volunteers his time a lot. It's not the only And this is not the only thing he's doing, is it? Yeah. He's he's uh he's hooked up. So we appreciate him. There's no other discussion. All in favor say I. I.

Are there any opposed? That's done. We appreciate Mr. Wheeler. We now have our appointments for our department heads and attorney and municipal judges. I'm going to put those names forward uh in a list as we've done in years past. Uh and I'll I'll mention these names and then we will uh we will move forward. I'd like to appoint uh as our police chief Mr. Mike Vanish as our city clerk. Diane Harris, as our city treasurer, Trudy Lim, as our community development director, Roco O'Neal, as our director of engineering and planning, Damon Nuome, as our public works director, Gordon Robinson, as our city attorney and city prosecutor, Mark Harris, as our uh municipal court judge, Dean Stout, and as an al alternate municipal court judge, Jeff Phillips. Somebody would like to make a motion to to that effect.

I'll make that motion. Will you I'll second it, your honor. Welling motion, Mr. Perk. Seconding. Any discussion? I'd like to make a motion to break them out one by one. There's a motion to break them out separately. Do you have somebody in mind that you'd like or you just want to drink them all separately together? I mean all all separately or one in particular or a couple of in particular that you'd like to pull out one by one. There's a motion. Is there a second to that motion? I'll second that motion.

Got a motion and a second to uh approach these names individually. Is there any discussion on the motion? Personally, I don't see the need to do that, but that's not my not my opinion, but that's okay. Is there any discussion? Well, the only way to have any kind of alternating votes of any kind, not that I have any, I'm just saying if you unless you break them out individually, you can't uh it's either all or nothing unless you break them out individually. So, I understood. I understand.

So, I understand the motion. Any further discussion? There's no further discussion. Then all in favor of addressing these individuals separately say I. I. I. All opposed. Opposed. Opposed. So that's to be that failed. 33. I don't know. Do I I get Do I get to vote on that one? Mhm. Sure. So, we've got three eyes and four nos. So, then we except we address them together. Is that the way you understand it, Mr. Harris?

Yes, sir. Okay. We'll go back to the original appointments. Is there a motion to approve these uh these names that I previously presented? You already made that motion. It's already been second. We have a motion and second on the the original on the original motion. Is there any discussion on that motion? Oh yeah, I do have discussion. Just

no matter which way I'm going to vote, yes, no, whatever. Each one of these are individual appointments. So to lump them all together and vote all at once, right, wrong, or indifferent, seems I'm sorry, that just seems interesting. And I don't know what the statute is. I don't know what the law is, but that seems interesting that you would just lump it all together. Usually appointments, you know, especially if there's a motion made, they're usually broken out into individual votes, but I think

I mean I I don't know that law. I don't know that rule. So, but but I would like to comment that that just seems the last time we did this last year, we broke them out because I wanted to individually commend each one of these department heads. That was actually why I wanted to break it out so that I could give them all and add a boy to say thank you. That's why we did it last time. So, I'm just curious. I I'm fine with whatever this council decides, but I don't know what the I don't know what the law is, actually. I do. Please, Mr. Mr. Mayor,

the uh the statute and code section of the city code don't provide a procedure for voting on confirmation. It just requires confirmation and so it doesn't control that. Um however, councelor Lynn, I think last year they were voted on as a block. I think there was a motion for an executive session that was approved by the body. We came back and the and the department heads were appointed in the ball. It was all appointed at the same time. Yes. I know that we've done it both ways in the past. So, but I I I hear you.

I just I don't know the rule. So, I'm curious. I mean, if it's called called for to be voted on individually, I don't know if we can vote against that. I know. I know there will and they're right. So, I made the motion, but it takes a majority for a motion to go through. So, I was outvoted. So, now it has to be voted for in a block. There's no procedure that dictates block or no individual. Um, that's a choice. Um, and so I was outvoted. The motion was down four to three. And so now it has to go into a block because of that. So it's either yes or no. So

and like I said, I'm not trying to cause controversy. I just I want to clarify that we do it right. So could I could I ask a question, your honor? Please go ahead. E even though in a block, isn't it true that you could have comments or discussion on individuals within that block? Absolutely. I mean I mean we could if that if that's what is needed or we as a council would like to do. I'm sure that if there's individuals that we're concerned about or if there's individuals that we want to uh make comments on, I think we have the right to do that. that involves an executive session because we're discussing staff

private in private could doesn't automate doesn't necessarily have to yeah doesn't have to any further discussion

I I will simply say before we call for the vote that I have and I and I get I've worked with all of these individuals these are these are appointments that I make as the mayor uh on a yearly basis. Uh I have worked with all of these individuals over the last varying number of years. I think that our community is extremely lucky to have uh the caliber of individuals that we have available to us and that uh that work and and manage the business of the city. I think that we are extremely lucky to have each and every one of them. Uh and I and I think that that's quite honestly the best person for the job. Um certainly at this point and uh and I appreciate their willingness to continue to serve. So is there any further discussion?

You know, I believe that every one of these people going down the list wear more than one hat. Uh yeah, you know, most of them are pretty good at switching that hat depending on what their job that particular part of that day is. Uh, but every one of them wear more than one hat and you know I think they do an excellent job. So, thanks guys and that's why I thought that pulling it out individually was kind of a waste of time but probably not. But, uh, it's because I support every one of you and thank you. Amen to that.

Amen. The only other comment I'd like to make is the you know I have no same I I I have met with every uh individual that were appointed not because of the appointments but on business that I've interrupted their day and they've always been taking the time to sit down and talk and explain my questions to me and I appreciate that with the exception of our municipal court judge and you know I try to stay out of that realm. So, but other than that, every employee that I've ever asked for assistance or to answer my questions, they've been more than happy to do that. So, I want to thank them for that. Also,

anything further? Like I said, I to break them out individually would be to say that, you know, we could praise everyone individually for what they do because every one of you have a different job and a different different task for the city. So, I do want to say I appreciate the work that is done by the city. I think we got a good crew. So, excellent. If there's no further discussion, all in favor say I. I. Are there any opposed?

One. Okay. Those are all uh confirmed. I appreciate each and every one of you. We are next item is an election of the council president for the upcoming year. Mr. Lind has served as our president currently. So, what's I guess I'll take nominations for the upcoming years. Council President, I wouldn't mind reserving personally, but I don't know if I can nominate myself. I don't know either. I'll nominate you. I'll nominate Evan Perks. We've got uh Mr. Sillers, you're nominating Mr. Lind. Is that what you said? Yeah. And Mr. Welling, you said he said he's willing to do it.

Mr. Welling, you said you were nominating Mr. Perks. Yep. Any other nominations? How do we want to do this, Mr. Maybe just you you choose not to vote, correct? Risk. Yes. You just ask for a show of hands to who votes for those who uh wish to support uh Mr. Lynn will show by the uplifted hand. Okay. So, that's three perks. Thanks, guys. Good. Three to three. Now, you can break.

Now, we've we've done that. We've had this happen before. Yes, we did. And we we put the names in a We put names in a hat and drew one out. We had this Who was that when we had that? That was Wendy Schuler and me. And you? Is that who it is? And Wendy got it. when you get it everyone. So, you rock paper scissors. What uh I'll do I'll put Can we just do that? Uh is everybody comfortable with that? Yeah. I mean, it's I'm fine with you decision, too, cuz No, I don't want to do that. That's that's your decision. That's the council's decision. I need to respect that. So, I don't want to because because honestly, quite honestly, uh

either one of those names is fine with me. I don't have any I mean either one of you would be would be just fine. So I got the hat. You got the hat. This should be a surprise to me. Very nice. Now we got to discuss whether it's a bison or a buffalo. Bison. Bison. I know I messed up too. I'm sorry. Should we have somebody out here? Yeah, absolutely. Just let at the random had somebody pull out a name. I don't we can't go wrong with either name. So we're No, we can't go wrong.

Council order. Congratulations. Congratulations, Mr. President. Thanks. Thank you, Dave. Jesse, for your service. Like I say, we couldn't have couldn't go wrong either name, so that's that works. So, we have no uh consent agenda nor unfinished business. We do have some new business and we'll start there with a motion to approve an agreement with River Oaks Communications for consulting uh services regarding all West Communications Grant. Mr. Harris, you want to explain what we're doing here to us?

Yes, Mr. Mayor. Thank you. And council, the the I'll talk about both the motions. They are to approve a letter agreement with River Oaks Communication for consulting services with the for the city uh regarding All West Communications franchise agreement renewals and a franchise agreement request from Visionary Communications for a new franchise. Uh Visionary uh provides services similar to All West Telecom. All West actually has two um franchises. One for the we call it cable television and one for telecoms which includes the fiber and and VOP uh voice over internet protocol. So the franchise entitles them to use city streets, alleys, and ways to in to put their lines in. So they'll run fiber. Uh there's also franchises for electricity, gas, for gas lines. Um and those are the main ones. Uh All West has a had a franchise for cable, TV and telecoms from starting in 2000 and uh it was renewed in 2015. Uh the period was 10 years. Uh so all West communications to franchises expired at the end of of December. Uh we contacted them prior to expiration. Yeah. They want to uh continue with their franchise agreements which they they have to have. Uh Visionary is a is a competitor in certain respects with All West. Uh I believe that Visionary is uh centered in

Gillette, Wyoming. uh but they want the uh franchise for the similar purpose of laying their lines. Um they have a project scheduled to start end of March, early April. Uh and I would imagine it's going to be laying communication telecom lines. Uh so the process is to pass an ordinance on three readings uh which is incorporates an agreement for the franchises. Uh these franchises are controlled by federal law particularly telecoms um and a state statute which was enacted in 2020. Uh they are the two current excuse me two current OS communication franchises are based upon a rate franchise rate of 1% of gross revenue. So 1% of gross revenue is paid by the franchisee all west to the city on an annual basis. Question number one is why is it 1%? Have no idea. Um, in my conversations with the city treasurer, uh, she indicated that in responding to questions, and it could have been, was it WHAM Trudy that sent you that survey about what we were charging on the rates, um, she I think everybody that we have a franchise with is 1% including Rocky Mountain Power and Inbridge, whatever they call. So as as as and I think from what I've seen from visionary they they're they're requesting a 1% and that's what the all west is. Now there's nothing magical about that that can be negotiated. Um uh the other thing is is that telecoms are

are are very smart in in the effect that they say um if you give me a franchise because by federal law and by our statute the terms have to be non-discriminatory between competing providers. So what they'll do is they'll say our franchise rate should be the lowest that is paid to a competitor. So in other words, they're equal. Um and if you charge one two%, you charge the other one 2%. So that percentage is a matter of negotiation. Now what affects that percentage? Just remember as we go forward with these that you know what's going to happen with that franchise fee. It already at 1% is passed on to who? All of us

by anyone. Century Link has one. Uh um so so that fee gets passed on. So if it goes up it's going to be passed on but there's no magic about 1%. So I think you know our obligation is to see what we can do to keep the rates affordable for the consumer but maximize a reasonable revenue potential for the city. The other issue is uh the term um these two are are 10 years I believe that that are electricity um and natural gas may be 20 years um that we have. Why the difference? I don't know.

So, River Oaks uh is a company located in in Denver and uh their vice president uh is uh Bob Duchan who uh is actually started his career as an attorney. Um and he and his son uh run River Oaks. I've met them through the Wyoming Association of Municipalities. And as I indicated in a response to councelor Lynn's questions uh some questions um they have uh negotiated with visionary uh they haven't with all west because all west is pretty confined to our quarter of the state a lot and I don't know that they've done any work with Idaho Utah this is river oak uh but they assist the city with negotiating uh and review of the franchise agreements to make sure that the terms are uh reasonable, non-discriminatory, and fit within federal state. So, uh my recommendation is uh to approve the letter contract. They have a not to exceed amount in them of uh 9,300 for all West and 5,800 for visionary. They're at $285 an hour for services. And so, if he thinks he being Mr. ution is approaching that he is to notify me and doesn't perform any work over that. That is his estimate. Uh these uh services uh come out of the city attorney's budget. Um account 104325701 legal that is budgeted at $15,000 was budgeted $15,000. We have expended $600. I have expended $600 of that. There's $14,400.

That's the line item principally. There is also another account number uh 585801 that's legal for $5,000 if we approach that. Okay. Excellent. Thank you. Did you I know Mr. Lynn, you had some questions. Did you get those? Yeah, most of them. result. Um, could you further explain mainly franchise? When you say franchise, what do you mean by franchise?

Franchise in this case, councelor, Mr. is the right. It refers to the right of those utility companies to use our streets, alleys, and I'm going to say dedicated ways to lay their lines and put their facilities in. And you explained that. I just kind of wanted that to Yeah. explain to everybody that that's what a franchise is. Our statutes, they call it a franchise. So don't think McDonald's.

Yeah. and and it it that 1% or whatever that fee is is there to compensate the city kind of like an easel, right? they're going to use our prop property dedicated to us. And there's a lot of uh you know I this involves um the city engineer and of course um Gordon Robinson because public works need to know um you know and say and those franchise agreements the ordinances do address and say you know we're not going to put our lines in any way it's going to interfere water sewer any other public infrastructure streets we have uh so the franchise is the right to use our rightways for installing their vessel.

Then you explain that through that email I sent pretty well, but it's help explain that to everybody else, too. Um, so this addresses Visionary and All West. What about uh Union? Is Union Do they have any lines? Yep. I don't think Union has one. I'm not sure of any Union. I don't think so. I'm not aware that Union has I think they're all wired. wireless because I think they're all wireless. What's that? I think they're all wireless. Yes, because they have the towers counselor Lynn and they they do that via wireless connection.

So, the reason the reason I asked that is because if they already had a franchise set up with them, that would have already set the precedent for what we could charge if they had one. So, that's why I'm asking. Yes. Right. I understand what you're saying. Understand what I'm saying? Okay.

Can I say something? I went back because I was confused and I wanted to clarify. So I went back and relisted to the union wireless gentleman that was here before us and it appeared to me that they do have these fiber because he mentions it lots of times that they do have the same they are on par and getting grants more grants. Um and that was one of the reasons he was here. Uh very subtly that no, they're ready and local and um

but I I think he's right and when we've talked to the union before, they haven't been able to run their lines because of the bare river mainly. So they have fiber but then they go to towers. So they give you fiber service but through wireless. So they don't have I don't think they have any. Is this within the city limits? Yes. Yes. Okay. Yes. So I don't think they have anything within the city limits that's fire or telecom dedicated fiber lines in the city. They have two in adjacent to the city but nothing within the city union. Gordon. So I thought you were asking me but lines are

right. Yeah. Okay. That's what I thought. Okay. Thank you. So, Mr. Harris, so we have contracts with Embridge and the natural gas. We already have them with Centry Link. We already have them with I'm Rocky Mountain. Rocky I mean all those companies. Yes. And have we ever had a problem with have we have we ever had a problem with any of those contracts? Not to my knowledge. Have we used a consultant to help write those in the past? don't know that.

I wasn't here. So, I'm just I'm just if we're having pro problems with the contracts we had, I cons I'm just kind of curious why we would spend an extra what what $14,000 to I mean I mean it doesn't sound like in the scheme of things a ton of money, but on the other hand, you know, spending people's other people's money. It's I'm just trying to figure out exactly what the full benefit we get for doing that especially when we haven't had problems problems before. Mr. Mayor. Yes, please.

Councelor Sellers, the reason for that is is visionaries new and uh these are telecoms which are in a class or treated completely differently under federal law. They enjoy some protections that Enbridge Rocky Mountain Power do not. The The big factor here is because of the way they structure their agreements. When you make an an agreement for a franchise fee with one telecom provider, that's going to set the bar for all telecom providers. So, we want to maximize that rate and return for the citizens. We also want to make sure we have a term is it 10 years, 15 years, 20 years that is reasonable and makes sense in industry standards. That's what we get the consulting.

But didn't haven't we set that standard with all West and No, it's because it's it's up for renewal. And when we're up, but the old one we've we've had them for multiple times, aren't they? I'm not trying to be argumentative. I'm just trying to get it in my head because we have all we have sentry link and we're looking at those and we're saying we've had those contracts in the past which have all those pieces in right

what would so and if we have to mirror that for visionary I don't see any problem with doing that without spending extra money so Mr. American council. That's what I'm saying. But they're 10 years and why shouldn't they be 15 or 20? And why shouldn't they be 2 or 3%. That's the question I'm asking. So I clarified with union. They don't uh All West is expired. Visionary is new. What about Century Link? Uh I don't know what the term Century Link because they're telecom, aren't they? They are telecom. So, we'd have to find out if they've already got an existing. They do have

So, wouldn't that set the standard for the other three? No, because they're coming up for renewal. And in fact, it these renewals may have an effect on Century Link to us to go back to them and say we want to increase. We might be made aware of situations that we don't know about that this this would expose that we could use in future negotiations. But if we go two to 3% that just goes back to each of us and all the citizens paying that bill. So the city gets more but the citizen that's a that's a tax on the citizens that we're passing to create a tax on our citizens.

Mr. Mayor, councelor, that's correct. And you're already passing that percent. I I have so the I think what most of us what what's being discussed here is the MFN clause where the most favored nation clause that visionary has that loops us if we agree to visionary at 1% and everybody else has to be at 1% or 2% whatever that is that most favored nation clause but an MFN clause is not legally required under state or federal law. And that's the biggest issue I have with this whole thing because that MFN clause, it permanently reduces our negotiating power. We can never go back until that expires. It also binds future councils to that. And so we cannot adapt to market conditions. And an MFN clause prevents the city from rewarding local investment or responding to future growth. That MFN clause are handcuffs. And if we have even one data center move in here that right away that we can so the the the dedicated ways that you were talking about Jesse um when it comes to the fiber it's like a highway right so those guys get preference so they get the ride away and everybody else gets to hold That's our leverage, especially with uh future growth. We can have the ability

in the future to capitalize for our taxpayers if we do not have an MF. It's a that that MFN clause that might have been some I looked at it and I tried to see where it had benefit and why it was done before. And I look and I I I can't say anything nice about it. It takes all the power out of the council that sits here, us and anybody after us for as long as that term goes. And why should we be why should any of the citizens not being able to respond to future growth and investment?

Go ahead,

Mr. Mayor. Uh Councelor Haggamman. Uh that's one of the issues. Uh visionary has proposed a most favoration clause. There is not one in the all west uh franchise and I would be surprised if there's one in the century franchise. But that's one of the issues and that's one of the areas of expertise of rivers is they've gone through these negotiations. I think I pointed out that they just went through these a negotiation with the city of Lander. I think they might have also done something with kind councelor Welling may know more because he sits on the board. Uh but that's one of the issues councelor Hagamman is you know what's the city's bargaining position and authority saying you can put that in there but we're not going to accept your most favor nation clause.

Well that leads to uh councelor Sellers's comment. If I can find this information in a half an hour's worth of research, we don't need to spend taxpayer money on a consultant when there's seven of us who are perfectly capable of making a decision. And the information that's put before us, it's we're not talking we're not vetting 17 different groups. We're talking about possibly two I guess in my mind this this does feel like a little bit of redundancy in the in the agreements that we already have. I get that. Um I think there's an opportunity here. I think that the benefit here is to in essence kind of see where we've been and see if if those decisions were correct. And again, this is a consulting firm. Granted, it is taxpayer money. I take that I take that serious. uh but it is taxpayer money but at the same time it does give us an opportunity to see if the decisions that we have already made in the past are are of the greatest benefit to the community and the and the consumer as a whole or if there are changes uh that that need to be made and should be made in in the future. So it is, you know, and it's since it's a consulting firm, I I guess my understanding is we wouldn't be obligated to do anything that they might suggest or whatever unless it it's the decision that that would be made by this council of if it's 1% 2% whatever that is. Uh I don't think any of us are in the in the business of saying we want to gouge the community at all. We want to get the the best uh service for for the dollar that we spend as a community and the consumer the community spends individually. So uh in my mind it's

especially since this is with with the visionary is a new thing. There's there's some value uh to me in u in just helping having them help us a little bit to make sure that we're on the right track. But that's just my opinion. So Mr. Go Mr. Harris, you said that Lander just went through this. What ended up being the results of the I don't know. I don't know. I was just told by River Oaks that they assisted Lander with a negotiation and a friendship.

Like I said, I'm not opposed, but I'm trying to figure out truly what our benefit is from this, and I'm still not. Mr. Mayor, please. If I may, and my recommendation is it's it's in the best interest of the public to get expert analysis on uh a federal web of laws and regulations uh to get the most optimum result for the city and that's why I made the recommendation.

How much is the how much is the 1% yield back on uh the current existing contracts? I looked it up roughly, but I could be wrong. It was like 19,000 or something a year totaling. You just looked at aroundund over 100,000 years. 100,000 a year. So, my math was wrong one place, but it was correct on the the end. So, at the uh end of the contract, we're roughly uh around a million uh back. But so, that's over a decade plus. Yeah. I'm saying

I think I think 100 is what we budgeted. I think it was closer to 120 is what we received if I remember right. 168,500 this year total budget you know this is this report. Mr. Mayor, may I ask a question please? Trudy is that for all of our franchises? That's for all of them. So that's for telecoms, power, and gas. Okay. I I have a question, Mr. Harris. Um because there's, you know, there's I still have questions on this. Also, would it be appropriate to table this or is it is this uh

that's up to the council. Is there a maybe that's a question too. Is there a time frame? Do we do we have a little time to time frame? Visionary uh when they submitted their request for the franchise that starts the clock ticking at six months. Okay. And that was made in December. Okay. I'd like to make a motion then we table this until we can have some further discussion. We've got we've got two items that are relative to to River Oaks. Do you want to combine? Is your motion involve both of those? Table both of these motions?

Yes. We've got a motion to table both the uh both agreements with River Oaks and uh All West and uh Visionary. Is there a second on that motion? I'll second. Mr. Schmidt second made the motion. Miss Hegman seconding. Is there any discussion?

There's a lot of discussion been going on. Mine was just to clarify the telecom the franchise and I understand why you would hire River Oaks to get an expert in there. Um, I don't want to get the best deal for the city, but then have it pass on to the public. But at the same time, I like their expertise to make sure that the city doesn't get us get in a bind. You know, we signed something where the city's going to be on the hook for something we don't want to be on the hook for. So, I Mr. Harris, I understand why you made the motion. I just I I just needed more clarification on it. Um, the Century Link one though, when is Do you have any idea when that one's up?

I do not, Mr. And will Visionary use the Century Link agreement to say they need to mirror it? No. I, Mr. Mayor, counselor, no. They've already sent a proposed form of of draft ordinance or agreement. Okay. So that Century Link agreement doesn't have premise over the other agreements that are going to be set forth. Correct. Why is that? Because if the favored nation clause is not in the visionary agreement, we could charge. There would be question about discriminatory.

So that's the clause that would make it so that it sets everybody. Yes. Makes it it makes it the same visionary. Gotcha. Okay. Thank you. And they're new. See? Okay. So, that's why I thought it was important that we had that booked out because that's a new franchise. But also at the same time, if we add Visionary to our telecom plethora of options that should help the general public, hope drive down costs because we've got more options as well. So, I'm about getting visionary

on board, but let's make sure we do it make sure we do it right. So, I understand why you want River Oaks. Um, personally, you've answered all my questions. I'm I would be fine paying this consulting company to come in and get it done, right? But if we need a table, we've got a we've got a motion and a second to table. Is there any further discussion on that motion? Where where we at with all West? Because it ended December. Same time period, counselor. So we got six months to get in the meantime they they still have to pay or they don't pay they'll be paying their 1% under their okay prior.

So technically we could table this talk about it at a work session possibly and then vote on it the next meeting. Can we Yeah, I would assume yes or if we're comfortable with moving forward. I think I am but I'm whatever choice is the motion is to table. If we table then we'll table. If not, we'll we'll make a decision on the agreements. So, and I you feel like that would be soon enough if it did get tabled for the next council meeting to approve or disapprove.

Yeah, I I would the only thing I'd request is if you if you table it indefinitely, that can be meant that it won't be brought up again. It's it's a way to to stop a motion. So, I would just ask if there's a motion to table, counselor, if you could table it until maybe the next regular meeting or I I I did that that to that. I demand a motion to that effect. Yes, sir. Miss Egimman, would you still second that motion? Yeah, with the agreement that we talk about it at the work session first and voted on again in two weeks, the next regular meeting, January 20th. Okay. Motion to table these issues until January 20th. Is that what you told me?

Yes. And second before we vote, Mark, you for sure that time frame's fine? Pardon? You're okay. That time frame's fine. Yeah, we're we're not for six months. We'd still be fine. Okay. So, we got we got time. We can do that. That's the case. Then, if there's no further discussion, all in favor of tableabling this item until January 20 say I I I opposed. I won't I'll vote in favor of that table. So, let's that's be unanimous that's tabled until January 20th and we will move on to resolution 2601. Mr. Harris should read that title for us, please.

Mayor, resolution 2601 is a resolution of the city of Evston, Wyoming, authorizing execution of an agreement with Pon West, Inc. for the completion of all work required for construction of the Evston Parks and Recreation Facility R-RO Project. Mayor Williams, Council, Kim Larson, Evston Parks and Recre. Um this is just a um resolution to execute the agreement with um Conest who is the low bidder for our roof. Thank you. We talked about this last meeting I believe in a little bit. Is there an introduction on this resolution? I'll introduce with the motion to pass.

Mr. Sellers with the motion. Is there a second? I'll second it. Your honor Schmidt seconding discussion. Going to be nice. It's going to be really nice to have that fixed. Yes. It's really going to be It's going to be wonderful. It's going to be glorious. Put Put the buckets away. You think? Yeah, we'll put the buckets away. Remind me besides the expenditure in buckets that catch rain. Um this was a This was the bid that came in under what you were anticipating? Uh yeah, it came just under what we had budgeted for. So yeah, bonus. Yep. Good thing. I know it's a big price tag, but it's been well overdue.

Oh, yeah. It needs to be done. We've got to start taking care of our facilities. It's going to save that building because it's just going to so much more damage will be done over years. Yes. And then that kind of leads to our next resolution. Water is bad. If there's no further discussion on this resolution, all in favor say I. I. I. Are there any opposed? That's approved. Resolution 2602, Mr. Harris, please.

Thank you, mayor. Resolution 2602 is a resolution of the city of Evston, Wyoming, authorizing the execution of a professional services agreement with Crest LLC, a Wyoming limited liability company to provide engineering services relating to the Evston Parks and Recreation Center retaining wall mitigation, site grading improvements, and erosion control project. Thank you, sir.

Yes, Mayor and Council. This is uh water problem number two that we're addressing at the same time. Um that uh will assist in C crest will assist in the planning and facilitating and oversight of the retaining walls and water mitigation um behind the rec center. Another issue that we've been dealing with for a while. Yes. Yeah. And this is all going to happen at the same time and it's going to be painful, but it'll be great when it's done. Well, if we can put up with the road construction we've had and the bridge and all that. Yeah. And nobody goes to the rec center in the summer. You should be out at our parks. Yes. Sunshine.

I was thinking the same thing. Can't be any worse than having City View tore up for three years. City View overpass. This is This is my cake, isn't it? Is there an introduction on this resolution? I'll introduce with a motion to pass. Mr. Lyn with a motion. Is there a second? Paul second it, your honor. Perk seconding. Any discussion? I'm just going to say this. I I saw some chatter online about this that was that people were not understanding that we were spending money on the retaining wall.

Okay. So, I just wanted to clarify for the public, the retaining wall is necessary because the side of the mountain is sliding into the We saw pictures of it when it was all in the uh the work session, but the public didn't see that because it was work session. But the base of the building is eroding and it's going to we'll put on a new roof and without this it will collapse to one side and it floods into everything. You can elaborate but I just wanted to clarify for people because they did not understand why we were doing the retaining wall and there was quite a bit of

uh negative chatter. So, you want to just give a brief update?

Yeah, basically just over time um the hillside erodess and slides down into the building and the one retaining wall that's in the employee parking lot um has actually shifted um and was to a point where it was unsafe. So, we had um a lot of the dirt removed from behind that retaining wall, but we are going to sh up. In fact, I have pictures of what the new retaining wall, but it'll um it'll be in stages like um to hold the sediment back and then the water to mitigate around the building, not straight into the building. So, for instance, um if we have a big thaw or rainstorm in the spring, our um gun range will flood. So, we're just diverting water and shoring up our retaining walls. So, it's not a new, you know, it'll be an expanded retaining wall, but

trying to keep the building from washing down the hill. Yes. Keep the water out. Well, a big part of that, too, was the electrical that was getting covered up with sediment. It's not just that wall. There's a lot of We'll be moving um the electrical transformer away from that area as well. Yeah, that's a big one. Yeah, it wasn't just dirt moving. It was protecting the building, ensuring the safety. We need to try to keep, you know, an aging building and we want to keep it healthy as long as we can. So, and it was the cheapest way to do that versus, you know, you know, getting your perms via the electrical in the in the gun range after a thaw, you know, that kind of thing. Um,

so it was absolutely necessary. Yes. Any further discussion? Bringing that up. Thank you, Miss Larson. Miss Thank you for being on top of this, too. No problem. A lot of these things have been put off. Put off. Put it that way. Um I've learned a lot. Yeah. All in favor say I. I. I. There. Any opposed? That's approved. Thank you. Thank you guys. Oh, one last thing. Nonsequittor. Do we still have the trees available? Yes, the trees are still available until Friday, January 16th. You can find them online at evston parkssonrec.org or you can just stop by the rec center and pick one up. So $50 trees that are normally

$50 trees are normally over 200. Yeah. So and we give we have grants to give away free watering bags as well and stakes and um lines to hold your tree and so spread the word to the community. Get your tree now by January 16th. Yes. Thank you. It's a great program. It is. I've got a few of them. Thank you guys. Thank you, Kim. Resolution 2603, Mr. Harris, please.

Mr. Mayor, resolution 2603 is a resolution of the city of Evston, Wyoming, authorizing the execution of a grant agreement between the state of Wyoming Department of State Parks and Cultural Resources, State Historic Preservation Office, and Evston Historic Preservation Commission for the Evston Historic downtown walking tour brochure project. Thank you, Mr. Chair. Uh, Mika is wasn't feeling well. She went home early uh tonight prior to the meeting. I have this and I think we're all everyone's aware of what we're talking about. This is a grant that we're applying for to have the brochures uh printed. Uh she uh gave me a little list of or a little handout here relative to it, but I I'll read it if you guys want me to or if we're aware of what we're doing here. What do you

She came and talked about it already. She did. Yeah. A couple weeks back. So I think if this is just It's been 15 years. I was going to say brochure. It's this is honestly it's just Ma doing her job. She was wanting to make sure that we understand. But I I think we all do. I'll read this if everybody want for the public. I'd read it.

I I can read it. I can read I can still read. In November of last year, Evston's Historic Preservation Commission submitted a grant request to the state historic preservation office to design and print 3,000 new historic downtown walking tour brochures. We're pleased to announce Shipo has agreed to fund this project. We will be receiving $3,720 from Shipo and a 40% match coming from the city's HPC line item of $2,480 with a total project costing $6,200. While this project must be completed by the fall of 2027, the HBC board anticipates completing the project much sooner. Once redesigned and printed, the brochures will be distributed various public and private locations such as City Hall, the Chamber of Commerce, Una County Museum, Bay River State Park, hotels, restaurants, and shops. Additionally, a digital a digital version will be available on on several public websites. Thank you for supporting this project. If you have any questions, I'll be happy to answer them. Of course, that's Ma answering those questions. The bid HPC budgets $15,000 after the grant match is 12,300. So, that's what that's all about. Is there an introduction on this resolution?

I'll introduce with a motion to pass. Mr. Lynn with a motion. Is there a second? Second. Sellers seconding. Any discussion? We can readress this 15 years from now. Absolutely. We're all still around. We can. Yeah. There's no further discussion. All in favor say I. I. I. Are there any opposed? That's approved. Thank you. Departments. Mr. O'Neal, you have anything for us tonight, sir?

Yes, sir. I just want to say thank you for the reappoint. Don't take this job. It's an amazing job. It's my dream job. It's an honor to serve the community. So, thank you. Look forward to another year of it. Um, jump start begins next Wednesday, 6 o'clock in the roundhouse. You're all invited. It's free. course each week. Thank you. Miss Larson, you have anything more for us tonight? Nothing more, your honor. Okay, Mr. Newsome, just thank you for the appointment. Look forward to another good year. So, thank you. Thank you, Mr. Robinson. Thank you, Chief Rish.

Yes, sir. Same exact name. Thank you, Mr. Lim. Yes. Thank you. Thank you, Mr. Harris. You have anything for us tonight? Same thing. Thank you very much. Mr. Harris, you have anything for us tonight, sir? Thank you, council. I appreciate your confidence. Thank you. Public participation. Is there anyone here from the public that would like to address the council for any reason?

Um Kathy Cook, 912 Maine. I have a few things. Uh first of all uh the people in the audience um that speak if you could speak in the mic then the people watching this on video can watch and hear what you're saying. Okay.

Okay. Um, I'd like to thank um Jim Davis and Shelley Horn for all that the they've done for um HBC, Historic Preservation Commission throughout the their lifetime. I think it's 22 years. Um they helped with uh res restoration of the roundhouse, the machine shop, the depot square, many other things including uh beautifification of our downtown with our new sidewalks and that type of thing. And I I don't know that they've gotten the recognition that they deserve. So I would like to personally thank them. And I think it would be nice if uh people would uh tell them thank you. Then I'd like to thank Jen for her comments tonight. Um it really moved me. I wanted to say thank you last because it made me tear up. Um my dad was a World War II vet and I've heard all kinds of stories and went to the reunions and loved all those. So anyway, thank you.

Thank you. Anyone else?

Is there a motion to adjurnn? I'll make that motion. Well, making a motion. Is there a second? Second. All in favor? We are journal stories down in the book. you know, he there's a couple