City Council - Regular Meeting

Perks, would you like to lead us in the pledge tonight, sir? I will.

I pledge allegiance 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.

Thank you, sir. Welcome. Thank you. Good to see you all here tonight. We need to start with a roll call. Ms. Harris, will you help us with that?

Sure. Council Member Schmidt and Council Member Lind are both excused.

Okay.

But we do have a quorum.

Perfect. Thank you. We have an agenda before us, and we need to consider an amendment to that agenda to add a malt beverage permit for the fair. You want to see the fair? I'm reading that. We'll add that to our consent agenda. And so if somebody would like to make a motion to approve the agenda with that addition.

I'll make the motion with the agenda.

Mr. Sellers with a motion. Is there a second? I'll second it. Mr. Welling seconding. Any discussion? If there's no discussion, all in favor say aye. Aye. Aye. Any opposed? That is approved. I'm a little out of sorts here for a second. I apologize for that. We have the City Council minutes for July 7th and the City Council work session minutes for July 14. Any questions, comments, concerns on those minutes? If not, we will acknowledge those as they've been written. And we will go on to the bills. Got a warrant register with today's date on it. Showing our bills. Questions?

I'll make emotional.

We approve the bills making motion to prove the bills. Is there a 2nd to that motion? Mr seller 2nd, any discussion. Discussion if there's none on favor say, aye aye aye. Are there any post. That takes care of the bills. Council comments. You're all alone over on this side of the table tonight, Mr. Perks. I am. Beat us up. Tell us what's on your mind.

I have nothing on my mind other than it's great to see a lot of people here tonight. I'm glad you're here.

Nice.

Mr. Welling.

I have nothing tonight, Your Honor. sorry I just want trying to make sure I get to my mic because there's we don't want to miss a word a couple comments always I get in the grocery store about not hearing me lots going on in Evanston this weekend car shows and brew fest brew fest and all that stuff and I'm hoping everybody gets out and has a good time and With that said, watch our sales tax revenue drop and that means that stores aren't getting revenue in because they don't pay us unless they're getting paid and that means their employees aren't Worry about their jobs. They worry about keeping their doors open. And so with that, stay local, shop local, and support our local economy. And this weekend's a good time to do it. So I hope everybody has a great time. And be safe.

I'd like to echo Mr. Sellers. I hope everybody is enjoying the heat wave in the monsoons. If you don't have air conditioning like me, it's a bit challenging. Other than that, please keep in mind our service members, both men and women that are serving and dying over in the Middle East currently. I cannot stress that enough. The more we think about it, The more we keep engaged, they are our families and our nation's finest. And it's our job to protect them, watch over them, and think about them. And every time we enjoy something here, whether it be the car show or the brew fest, we should take just a minute to pause and realize that we get this enjoyment for everything that they and their families are sacrificing.

Thank you. I don't think I have anything to add tonight, so we'll move on. We have no public hearings or special orders. We do have a fairly lengthy consent agenda, it looks like. Is there anything that you feel strongly about? Separating out and discussing alone or everybody comfortable with approaching them all together. All together. Okay. Looks like the most of them are recurring events. Look like they're all things we've done before. So I'll just entertain a motion to approve our consent agenda. I'll make that motion, Your Honor. Mr. Welling, the motion. Is there a second? I'll second. Ms. Hageman seconding. Any discussion?

Just grateful we have people that put these events on that brings revenue to our city. And some club to do at the same time. Yeah. Excellent.

If there's no further discussion, all in favor say aye. Aye. Aye. Are there any opposed? That takes care of our consent agenda item. We wish all of those different activities the best of success. We have no unfinished business. We'll go to new business, and we'll start there with Resolution 2627. Mr. Harris, you read that title for us, please.

Mr. Mayor, Resolution 26-27 is a resolution of the City of Evanston, Wyoming, authorizing the execution of a contract with the State of Wyoming Office of the Attorney General, Division of Criminal Investigation, for the assignment of an Evanston Police Department officer as a task force member to the high-intensity drug trafficking area program. Thank you, sir. Chief?

Yes, sir. Mr. Mayor, members of the council, this is a reoccurring contract. It's for $90,571. It offsets the cost of keeping an officer assigned to the Wyoming Attorney General's office to work with the Wyoming Division of Criminal Investigation focused on drug trafficking in our area.

Nice. How long have we done this?

We have done this since the 1990s. It's before my time. It's been quite a few years.

I think it was before then, too. It could have been, yeah. It's before my time, too.

Yeah, it's been a while.

Is there an introduction on this resolution?

I'll introduce it with a motion to pass, Your Honor.

Mr. Perks, with a motion. I'll second it. Mr. Welling, seconding. Discussion?

I have a question regarding Mr. Harris and the legal aspect of things. Because this task force officer contract has been enacted since January 1st, is what the paperwork says. Is that going to be an issue because we're approving it four and a half months later and...

It is not. Your Honor, Council Member Hageman, this has been a recurring issue for quite a few years. I don't know when they've ever gotten the contract to us on time. Everything's retro. We've received payments back for our previous years. And I think the thing is, the reason I think, don't quote me on this, but the reason it probably runs January 1st, December 31st, I think the federal budget, this is pass-through funds from Haida. And I think that's the time that runs.

Gotcha. Mayor, to answer the question, if I could. Yeah. It is not going to be a problem.

Okay. So, yeah, that's what I was wondering if it's, yeah, okay, great. That was a good catch, though.

Any further discussion? If there is none, I'll say aye. Aye. Aye. Are there any opposed? That is approved. Thank you, Chief.

Thank you, Mayor, Members of Council.

Resolution 2628. Mr. Harris, read that title for us, please.

Thank you, Mayor. Resolution 26-28 is a resolution of the governing body of the City of Evanston, Wyoming, authorizing the acceptance of a proposal from Foster & Foster Consulting Actuaries to provide the City an actuarial report and GASB 75 disclosure information for the fiscal years ending June 30, 2026 and June 30, 2027. Mr. Mayor, members of the Council, this agreement was last before you two years ago in July of 2024. And prior to 2024, the consulting actuary was a different entity. Two years ago, we We switched to Foster and Foster, which I believe is a succeeding entity to the prior. And the actuaries fee is set forth at $8,000 total. The actuaries... Partial duty is to repair that report actuarially for accrued liabilities, particularly with respect to retirement and leave and benefits. We have to profile those in the budget and we do. So that's what that's for. And I told the treasurer I would give you as much information as I could.

Okay. Again, this is. A recurring recurring issue for us. Is there an introduction on this resolution? I'll introduce with a motion to pass sellers motion. Is there a 2nd? I'll 2nd, your honor. Well, I'm 2nd.

Discussion we got to know.

We got to know, and I'm glad there's somebody that knows how to do that stuff without a driving them crazy.

So that's that's a benefit to us. I think.

If there's no further discussion, all in favor say aye.

Aye. Aye. Are there any opposed?

Resolution 2629, Mr. Harris, please.

Thank you, Mayor. Resolution 26-29 is a resolution of the governing body of the City of Evanston, Wyoming, deferring the construction and provision of required off-street parking spaces for the development of boardwalk industries located at 230-230 Bear River Drive.

Okay. Maybe some explanation on this would benefit us. I think somebody from BoardWalk is here. Yes. Please, come up. I guess 2629 and 2630 are very similar.

Very similar. Jeff Mansell. Help us to understand what we're doing here. Yeah, my name is Jeff Mansell. I'm the owner of BoardWalk Industries. What we're asking for is very similar to what we asked for when we converted the old Grizzly Inn into Kodiak Apartments. And this is a very similar ratio where we're asking for a reduction in the requirement of two parking stalls per unit to 1.65 on average is what we're asking for. Our experience over at Kodiak when we receive that variance is that The majority of our units at Kodiak were studio apartments, requiring generally only one car at most, if that. And our parking over there, after we added the additional parking stalls per our site plan, is consistently probably 30% to 35% empty as far as the number of stalls. So we have ample parking, and we are 100% full there. What we're asking for at Bear River, or Bear Necessities on Bear River Drive, is something simpler. That's a 33-unit conversion to apartments and we will have a ratio of 1.6 the vast majority 31 of those 33 units will be studio apartments so we can pretty much say that they're gonna have one car at most there for those so it should give us a very similar result of somewhere between 25 and 35 percent of the overall parking going vacant on a consistent basis day to day and so While it's a reduction in variance for that requirement of two per unit, those units are not going to be using two stalls, and there should be ample parking for the residents and visitors with ample leftover on top of that.

Okay. 230 Bear River Drive, is that the old classic lodge? No, the old travel lodge.

The old travel lodge.

Down farther. Vagabond?

Next to Real Clean. Next to Real Clean, next to the Mexican restaurant, yeah, right there.

Oh, okay. All right, now I'm with you. When you said 33 units, I know that the old Classic Lodge had more, so I'm trying to figure it out and get my head around it.

So that's its location, yeah, that's what we're asking. All right, now I know. We've already done the work on the parking, added asphalt, added the stalls that are there, so that's that problem. Gotcha, I appreciate that.

Mayor and Council, he did appear, Mr. Manziel did appear at Planning Commission a couple weeks ago, 10 days ago maybe, and presented this Conditional Use Permit to change that use. It was approved by the Commission and the Commission was apprised that the request for reduction in parking would have to come before you. The Commission approved the Conditional Use Permit. Subject to the off street parking being granted council and you are correct. Mayor. There was 1 and he informed you there was 1 for the Kodiak. I think it was in 2023. yeah, I remember around April.

I remember that.

So that's where we are in the code allows the council to wave up to 20%. This came in at 19.7%. Yeah, it was close.

good math I think it would be difficult it would be a little bit different if they were one bedroom and two bedroom units but since their studios it should be apple parking I sure you okay I appreciate that any questions for me any questions before we move forward has the city done any impact study in that area for

We're addressing the parking, but infrastructure, utility load, public safety services, anything like that. Have we done that in regards to that and the parking? Correct me if I'm wrong, this is two structures?

One structure, one single structure.

One structure, 114 units?

No, one structure of 33 units total. 33 units. It's not a very large building. All of our parking is off street.

Gotcha.

I'm not aware of that. Staff would have to give you answers to that question that you have. I'm not aware of that.

Well, I was under the impression it was 114 units. I think I did my math wrong. Between the two, the other structure in 2023.

Between the other structure, correct, yes.

And so I'm like...

Separate buildings altogether. When you say two, they were two separate buildings, different locations, different...

So we have some... Older stuff going through there and correct. Yeah. Yeah. And but for 33 units, they got it.

Council please with respect to any study, nothing has been done. But at the same time, there's no reservation from the use that it was as a hotel to the conversion of these apartments. The impact is minimal and there's no problem with water. So.

I appreciate that. Thank you. When you said that, I thought I would assume that the impacts are going to be very similar to typical operation, what it was historically and originally permitted. I thought that probably resolves that concern. Is there is there introduction on resolution 2629? I'll make a motion to introduce to pass that resolution. Mr. Dwelling with a motion? Is there a second?

I'll second it your honor.

Mr. Perks seconding. Any discussion?

I spent a lot of my afternoon looking at this one and the next one trying to figure out where they were and what impact it would have and I kind of agree with planning zoning. I think it'll be all right. Thank you.

If there's no further discussion, all in favor say aye. Aye. Aye. Are there any opposed? That is approved. Resolution 2630. Mr. Harris, read that title for us, please.

Thank you, Mayor. Resolution 26-30 is a resolution of the governing body of the City of Evanston, Wyoming, deferring the construction and provision of required off-street parking spaces for the development of boardwalk industries located at 339 Wasatch Road. Thank you.

Very similar issue, I'm sure. If there's something new or different with this one?

It's much less impactful as far as the variance. This is a different one. We're taking the old affordable in slash originally Howard Johnson's to 81 one-bedroom and two-bedroom units. It's different. This will be a far more... stout uh project as far as the the units with full kitchens really full apartments not studios so full apartments and we're only asking for a slight variation there i think we're only eight stalls shorts of what we need to have to have two stalls for every unit so it's a very minimal request concerning this one and its location and all that parking will be off street on site yeah thank you

Any questions here before we move on for this diagram that great big parking lot in back doesn't have enough spots.

I mean, that's it did for a motel. It just doesn't when you go to 2 apartments where the requirements are much greater. That's why we have to add some asphalt even still.

So, and I'm going to. I don't have a problem with the parking. I'm getting more and more and more concerned about the traffic flow through that area. We've had some really close calls and we've had people hit, we've had people ran over, we've had different things happen. That's my concern. And so hopefully that gets addressed as we go down the line a little bit.

Is there an introduction on this resolution? I'll make your motion introduced past this resolution. Mr. Welling, is there a second? I'll second it, Your Honor. Seconding.

Any discussion or further discussion? I think it's great we have more apartments that's going to be available for this community. So thank you for doing that.

And how many units in this one? Since I got my math wrong, you have to do it for me. 81. And... Damon, we're okay? Same question as before.

I'm just thinking our infrastructure is kind of...

1980 so as we've got along through the years you know when we add in things it's we've got pipes and things that we need to address and worry about that's why I refer to the master of ceremonies for what's underneath the ground Damon Newsome back there so there we're good to go on that you don't have an issue And what Mr. Sellers brought up is pretty key too. Can we help this new development by doing some traffic, watching the traffic flow and things so we can make it safe for his...

So, um, well, if Mr, um, I didn't catch your name.

Mansell is kind enough to rehab and redo these buildings. We should make sure that his tenants are safe. Um, and there's has been issues in that area. Like, Mr seller said, so that would be great.

Some big wall that you got to look around. Yeah, most of those are right. I know.

Further discussion? If there's none, all in favor say aye.

Aye.

Aye. Are there any opposed? That's approved. Thank you. Resolution 2631. Mr. Harris, please.

Mr. Mayor, Resolution 2631 is a resolution of the City of Evanston, Wyoming, authorizing the execution of a subdivider agreement with Rockport Rocks LLC for the phased completion of improvements for Twin Ridge Subdivision No. 4, Phase 3. And I believe Mr. Sidaway, the developer or representing the developer, is here. Okay. He can tell you about what he's doing. Okay. Okay. Information. Okay.

Yeah. Okay.

Excellent. Mr. Mayor and council, I'll start this off just as a. Starting level, what Mr. Sidaway is trying to do is complete a plot that was done in 1983. Sat here for 43 years. Back in 2012, 2013, a small portion of that easterly subdivision was done, which we now know as the first section of Marshall ends at a cul-de-sac. But now he's actually trying to finish that subdivision that's already been planted and established after 43 years. So that's the gist of what's going on. Mr. Sidaway wants to expand on his plan. It'll be full city streets, normal typical section, just an extension of what that Twin Ridge subdivision already offers.

And this is a two-year project, correct? Two-phase. Two-phase, excuse me, two-phase.

We'd love to hear from you, sir. Welcome.

Thank you. Happy to be here. Looks like a great project to us and our team. We do want to finish it out. It seems fairly straightforward. We're not asking for changes, you know, out of what's already there. So we look forward to the project.

That's been hanging up in the county for 40 years and it's about time we did something with it. Is that the gist of?

Yeah, that's the gist.

Ultimately, this win-win completes the subdivision project. Nobody could ever get to and now it's all said and done. What he's taking over is 23 lots. The first phase is 11. So, we're going to get built and actually developed based to ask for lots.

Nice. Beautiful. I think it's a great project. It's a nice neighborhood up there.

Appreciate your investment in our community. That's no small thing. Thank you. Is there an introduction on this resolution?

I'll introduce it with a motion to pass, Your Honor.

Mr.

Perks, is there a motion? Is there a second? I'll second it. Mr. Welling, seconding?

Any discussion I have questions. Okay. I need to recuse myself starters because with the, um, I own, uh, 1 of the properties in twin Ridge. So it can affect my. If you screw up, it's gonna cost me, and if you succeed, it's gonna up my property value. So I need to recuse on the vote, but I do have a couple questions. When I looked up your company, it just gave me rock and removal, not a developer.

Okay, so we're a general contractor out of Utah, based out of Utah.

Yeah, it didn't get Google, you know, just curious on that.

We don't have a lot on the internet. Okay, quarry and stuff. Been in the development business, helping developers for quite a while, 20 plus years. So it's not a foreign project to us.

Okay, awesome. I just couldn't find the research. And the other thing was a technical question for... Mr. Harris, actually, which is there's two different versions that's coming before us on this for the the phase one and phase two. So there was, we have the 150% bond for the phase one, but not for phase two. Was there a reason for that?

There should be one for both. Okay. So they have the opportunity to request a bond, but it applies to both phases.

Okay, so the phase two cost estimate wasn't there. That's what I couldn't figure out the math between phase one was and then phase two was just kind of blank.

Yeah. And Mr. Mayor, Councillor Hageman, the reason for that is the agreement is structured so that phase one consisting of 11 of those 23 lots, that's phase one. Okay. There's that has to be completed within one year from the date of the signing of the subdivider agreement. One year. Phase two is the other 12 lots. Same provisions apply to both. But phase two has to be completed within two years from today. So it's a year each. So that's the difference. So that's why it's set out like that.

The question that I have, though, is about the 150% bond. Yes. Don't take this the wrong way. Everybody always takes me the wrong way. But if they don't complete the second phase, there's no bond covering the city, correct? There is a bond covering the city for the second phase.

Now, the reason that phase two costs are not listed is because we don't know what they're going to be a year from now. So what will happen? is that as they go into phase two, if they want to bond, submit a bond for the completion of the improvements to allow them to sell more lots at that time, then their engineer will have to present those construction estimates for those categories that are outlined in the agreement and put figures to them like there is for phase one. You know what phase one is anticipated to be? We've got that figure. Phase two, you could say, well, why don't you just double it? Well, we don't know because that's going to be down the road a year. So you can expect phase two to be the way things are going, at least the amount of phase one. But their engineer has to contact the city engineer. The city engineer for Evanston has to review those cost estimates like any other development and then make a determination how much the bond is.

Okay, so we just your question. Yeah, I just wanted to make sure that we had, they have to come back to us for phase 2. that's what I was missing in this and got it any other questions and then counselor Hageman.

This development is located on the other side of yellow creek road. It is on the back side. So it's on the Evanston high school side.

Okay, excellent.

wanted to be short. It's always better to ask. Thank you.

Any further discussion? If there is none, all in favor say aye. Aye. Aye. Are there any opposed? No, thank you.

You're not opposed? I'm not opposed. I'm glad they're building more houses.

Absolutely. That is approved. Ordinance, now we'll go to Ordinance 2605. Mr. Harris, please.

Thank you, Mayor. Ordinance 2605 is an ordinance of the City of Evanston, Wyoming, relating to the regulation of smoking and vaping in public places, amending and adopting provisions of Chapter 10 of the Code of the City of Evanston, Wyoming, relating to definitions to include electronic smoking devices and vaping. Mayor and Council, this ordinance is before you on first reading. It is sponsored by Councillor Schmidt and Councillor Welling, and it is exactly in the same form that you saw it last week at the work session. It adds a definition of electronic smoking device to current code. It modifies the definition of smoke or smoking to clearly indicate it applies to vape and vape devices, and it modifies the definition of smoking instrument for the same purposes. The enforcement and applicability of the ordinance is the same as... the prohibiting smoking in public place ordinance that's been in effect for almost 20 years.

This just simply adds that definition to the ordinance that's already been in place, has been in place for quite a while. That is correct.

And we put an effective date, I did, of October 1, 2026, so we could go out and give everybody a much advanced notice to avoid any problems in just having it.

I don't know that this is a... seriously controversial issue maybe it is maybe it isn't i i don't i don't smoke i don't vape i'm not going to smoke i'm not going to vape but uh is there i just open this up is there somebody that has some strong feelings this way that just opened up to the public that she's for it

She's the reason for it.

Before we make this decision, please tell us what... Kathy, 912 Main. Kathy Cook. I just want to thank you guys for working on this. I have asthma, and that really helps out. Now if you can do something about all the people who wear too much cologne, that would also help out.

I think that's out of our preview.

Put the marinade in it? Thank you so much.

You're asking too much now. Anyone else? Okay, we've got a sponsor. I'll entertain a motion to approve Ordinance 2605 on first reading.

I'll make the motion to approve Ordinance 2605.

Mr. Sellers, is there a motion? Is there a second? I'll second. Ms. Hageman seconding. Any discussion?

Yeah, I just got one question that I just noticed just now, and it's probably a dumb question, but where it says youth, any person who has not attained 18 years of age, didn't they move that to 21 or was that another state that I'm mixing up?

Well, Mayor, Council Perks, that depends on what it is. 21 is the age for alcohol and tobacco consumption. 18 is the legal age of majority.

Okay, thank you.

Any further discussion? If there is none, all in favor say aye. Aye. Aye, are there any opposed? That is approved on first reading and I assume we'll consider a second reading in a couple of weeks. Yes, thank you. Okay, departments. Mr. Newsome, I see you back here. Anything more tonight, sir?

Okay.

Mr. Robinson. No, sir. Mr. O'Neill. I'll say here in front of the group that you handled yourself well at the commission meeting today. I appreciated your involvement. Thank you. I think you did well on that. Thank you. Chief French.

No, sir. Thank you.

Thank you. Ms. Harris.

Nothing, Your Honor.

Mr. Harris. Nothing for me, Your Honor. Thank you. Public participation. Is there anybody I'm missing? I guess from the staff. I don't think there is. Trudy's not here, so I don't want to miss anybody, but... Public participation. Is there anyone here from the public that would like to address the council for any reason?

Once again, thank you for that vote. I just had a question on the trees that you water. So you water the new trees with the green bags on them. I don't see anybody watering the old trees that are big and fat that need water that are dying.

I'm assuming that, yeah, Rocco, is that Parks and Rec?

So the trees downtown, typically we like to work with the property owners where the tree is located in front of them and ask them to water it.

We don't have water infrastructure under the sidewalk or near those, so typically we work with property owners to ask them to water.

That doesn't always happen, so we have a situation where we're in now with some guy and we're trying to, we don't have the staff to go out and water it,

Thank you. Thank you. Thank you. Anyone else?

My slaughter 912 main, just a question. When will we have the discussion on the MOU for the water and sewer for the man camp? Assuming that we'll see that soon discussion.

Well, I don't know that we'll have a discussion. That would be a determination that will be worked on through our public works folks, and where that discussion will go from there, I don't know.

Well, certainly I'm concerned about water, especially when we're in the valley. We're in drought, severe drought. And here we're on voluntary... water restrictions in Upper Sulphur Creek. So a concern when you have this amount of population increase, even though it's temporary, certainly we want to be involved in what the decisions are going to be made when it comes to sewer and water. And is the council going to hold the cost of sewer and water to the current residents with this increase? These are questions. These aren't necessarily required answers. But we have a limited supply of water. I have no problem with the man camp. I have a problem with the perhaps we should also all be involved in these discussions. That's all I want to add.

Well, I guess that's yet to go. Please, if you've got something to add.

Thank you, Mr. Mayor. Just so everyone knows that if there's a request for... That developer to connect to the wastewater or water system that has to come before the council for approval, because it's extending the connection beyond the corporate limits. That property is located in county beyond the corporate limits. But the council has to approve that connection. So, yes, there will be public discussion. Yes, you will have input from the engineer and public works when the request is made for that connection.

And I was yes, thank you. I appreciate that. And what I was going to say is, I anticipate that. request coming to the city here within the very near future. You were in the meeting today where that was approved by the County Commission. And so I anticipate that that will be very soon when that request will be made, exactly what it says or how much, you know, exactly what they're asked is going to be. I don't know, but we'll probably have a work session, I would assume, and talk about it. So it'll be out in the open, whatever it is, but those are... Thank you very much. But I also say while you're there, one of the things that I think is, and Damon and Mr. Robinson back here can correct me if I'm wrong, but I think it's valuable to recognize this is an issue. The workforce hub is going to be an influx of people into our community, I think is going to be a a benefit to our community in my estimation. And truly speaking, yes, it will extend our water and sewer services or require the extension of our water and sewer services. But I will also say that our capacity in both water and sewer service is more than adequate to accommodate whatever their needs are. I've known that for a long, long time. I think that's the input from our public works folks and our engineering folks. And so I get the concern, but if... Those concerns can be resolved. I would tell you that our capacity for water and sewer far extends far beyond what this ask is going to be.

Well, my concern, I think the man camp has some positive aspects of it. I just want transparency. I want to make sure that we're all involved. I think the comment you made today was a little bit disturbing. You had indicated that the city, the city as in the council and the mayor, looks favorable on this. And yet we haven't really had an open discussion. And thank you, Attorney Harris. And the fact is that it is supposed to be required. And you're right, we're outside. Will planning and zoning also be involved? It will not be because it's outside. Okay. Thank you. That's all I have.

Anyone else? If that's it, is there a motion to adjourn?

I'll make that motion.

There's a second. All in favor?

Aye. We're adjourned.