City Council - Regular Meeting

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 and welcome again. We need to start with a roll call. I guess I forgot my glasses, so if I can move this paper far enough away, I can read it. We need to start with a roll call. Miss Harris, will you help us with that? Yes, everyone is present. We do have a

nice Thank you. We have an agenda before us. Is there any changes to that agenda we need to consider? If there is not, is there a motion to approve the agenda? So move. I'll second it. Whichever way you say willing motion, Schmidt seconding. Did that work for you both? Yes, sir. It's all good. Okay. back. You better be quick. Any discussion on the motion? If there is none, all in favor say I. I.

I. There. Any opposed? We have an agenda. We've got the minutes for April 7 and the work session minutes for April uh 14. Any um concerns, questions? If not, we will acknowledge those as they've been prepared and go on to the bills. Questions, comments? Looked fairly light. was a fairly light uh Is there a motion to approve the bills?

I'll make that motion here. Mr. Perks, the motion. Is there a second? Mr. I'm sorry. I'll second. Did you Jesse? Mr. Perks made the motion to approve the bills. Go ahead. You made that motion, correct? Yeah, Mr. Yes. I just didn't have my mic on. Oh, okay. I turned it on now, Mr. Yeah. Okay, we have a motion in a second. Any discussion? There's no discussion. All in favor say I. I. I. There. Any opposed?

Council comments. Mr. Schmidt, what's on your mind tonight, sir? We'll start over on this end of the table. Well, this month is um sexual assault awareness month and I know that, you know, there's a lot of issues out there uh that we need to be aware of. So, just watch out for the folks that are having, you know, trouble and uh try to support them. Also, if you weren't here this morning and heard Big Boy take out of here, I was at work four miles north of here and I could hear it. So, I I saw it, but I didn't uh get to see it take off, but I could definitely hear it. So, yep, that's all I have, sir. Thank you.

Pretty cool. Thank you, Mr. Linda. If you don't like the weather around here, wait five minutes. So, when we have summer, go out and enjoy it. Other than that, that's all I got. Just don't know when it's hours worked. Yeah, that was today for a while. Today? Yeah, for a minute. I have nothing here on Mr. Welling. Just condolences to Judge Dout lost his wife and and also to the Broadbent family, the Ray Broadbent passed away. So just condolences to those families. Um and u Earth Day tomorrow, get to shovel snow, instead of planting trees. So well, are you planting a tree? Well, that's Arbor Day.

Well, that's Arbor Day. Yeah. And I get to I get Well, I don't I don't necessarily plant them. I get to watch them being planted. That's pretty cool. But uh excellent. Okay, Mr. Sers.

So, um I I just want to thank the community orchestra and choir that we had quite I thought a really good turnout and they did really an exceptional job. Their theme was the whatever centennial it is, the 250th birthday of our of our country. And it was it was really entertaining and and and really good. And I'd also like to extend my condolences to the Stouts and the the Broad Bents. They've been both of them have been my neighbors for a long time and very good family. So,

take a minute.

Just enjoy the weather. It's been beautiful. Um and uh it's nice to see. And uh with gas prices so high, a reminder that we live in one of the most beautiful states in the nation. So it is not going to be expensive for you to go and visit right outside of town. We have the most amazing BLM land. We have for we we can go up into the uentas. It's just uh spectacular. We have our splash pads and a rec center and um so although the gas prices can and the economy can keep everybody kind of in a panic, know that uh this amazing state accommodates that and go visit her everywhere because she is gorgeous. People from all around the world want to come here and we are so lucky to have it everything right in our backyard.

Thank you. I'll echo the sentiments to the Stout and Broadbent families as well as the Lamb family. Marty Lamb I've heard pastorals here this last week. He was a good man. Worked for the county for a long time. Longtime resident of the county. There's probably others that we might be visiting. As far as the big boy, that was a cool I got to watch that take off this morning with my grandson and that was kind of fun. So, that's that was pretty neat. So, I'll just say amen to all of that and we will move on. Our first item here is a public hearing uh to receive some input about a franchise ordinance. Mr. Harris, will you take care of that for us? I assume the purpose of this council is to receive public comment concern regarding the application of West Communications Inc. also known as West Wyoming for a franchise to construct, maintain, operate, use the telecommunication and cable within all streets, alleys, and utility granted or dedicated to or by the city of Evston. The applicant seeks to enter the franchise agreement with the city of Evston and the terms deferments 2603 and 2604 currently pending the council. Notice hearing imposed local consecutive weeks commencing April 2, 2026. Anyone present that wishes to speak to the council regarding the applications should approach the podium state mailing address. Anyone making comments as clarifying questions council examination by any comments. Is there anyone present to provide comment? Is there anyone present wishes to

provide any comment or concern? There being none. Thank you. We will go on to our consent agenda. Can we everybody comfortable with visiting about those together? Are there any reason? A full malt beverage permit as well as a street closure uh permit. I think those are both have happened before. Have they not ma or please come up and tell us what's tell us what we don't know or tell us what we do know. It's up to you. Remind us of what we forgot. Remind us of what we should know. Maybe. Go ahead.

Yes. So, good evening. Um so, as you know, and um council member uh Lind said this earlier, wait five minutes and the weather can change. So, um we will make that decision tomorrow if we're going to do the crosswalks and the um resurfacing the new asphalt in that intersection. So, that's the plan is to do new asphalt in the intersection um on Saturday and then do the redecorating on Sunday. Um but the weather keeps changing so we're going to make that decision tomorrow. And um I would like to ask if we could extend that um to the following weekend. So that would be May 2nd and 3rd. If we could maybe do it at that time if we have to cancel tomorrow.

Well, we we'll see. No, I think I think that's an absolutely appropriate request and I think the the the painting of those uh crosswalks is pretty cool. We've done that how many years now? two, three. Um, yeah, we had to cancel last year because of weather, but this year it's going to be, you know, decorated because of the 250th. So, red, white, and blue. You might want to grab two or three weekends. Yeah, I I think I can't speak for the entire body, but I for my perspective, uh, we can make this work whenever because it's a cool thing. We'll make it work. Okay. So if uh if weather hinders us, we'll we'll go to plan B.

Okay, we'll keep going or C or whatever. So, thank you. All right. Thank you. Is there a motion on our consent agenda? Make that motion to approve these and to extend as necessary based on weather. Excellent. That sounds appropriate. Is there a second to that motion? I'll second. Any discussion? I'm sorry. Any discussion? I do I do like when they get those done. Pretty cool. I was going to ask you what the theme was going to be, but it's going to be for the 250th. Yes. So,

red, white, and blue. Ehs. Oh, nice. Cool. Cool. Perfect. Rockets red glare and all that stuff. That's cool. That'll be cool. I'm excited to see it. There's no further discussion. All in favor say I. I. I. I. Are there any opposed? That is approved. Thanks. Okay. We'll go to unfinished business and we'll start there with ordinance 2603. Mr. Harris, please.

Thank you. 263 is an ordinance granting a franchise to owners of Wyoming on behalf of itself and its affiliates to operate and maintain telecommunications in the city of Wyoming. This is the president on second. Anything we need to know any changes? Anything we need to know on the wording of the document that I missed or anything that way? No changes for Okay, thank you for sending over that comparison to appreciate that.

I guess for discussion purposes, I'll entertain a motion to approve ordinance 2603 on second reading. Introduced with a motion to pass. We have a motion. Do I have a second? I'll second it. Discussion on the motion.

I have a quick question. What's up? Go ahead. Go ahead. Um, Mr. Harris, uh, your comparison document states that the M, uh, materiality standard, the all West ordinance will be required for visionary agreement as well. Can you clarify for me is visionaries ordinance 2602 being substantially amended uh by implication and if so does that come back before this body if it is

Mr. Mor no it's not being amended the materiality provision uh states that for a breach of the franchise agreement to constitute a cost foration agreement breach must be material materiality is a requirement uh of law contract law so you can't declare breach unless unless interior and that's a legal term. So that is going to be applicable to sharing without amendment and merely putting it into the west agreement does nothing more than restate the loans.

Excellent. Thank you. Does that resolve your concern?

Yeah, it does. Um, I'm a little confused though because even if it's legal, this is legal. I mean, anything that um is passed should come before this body. So, I'm a little bit confused on that. how we've passed a bill or we've passed a amendment for visionary is going to be revised and you know to just to sign off on it. It's kind of like a blank check. So, um that's the only thing I'm a little confused on and why we have to go back and because essentially that's something that we have never seen before. Please,

councelor, I'm not sure I understand your question. If there's a question, no one is going to amend it. We're not because that's what it that's what I the first question I asked you and you said you were going to go back and uh because of the law and it was going to be so that was the very first question I asked you and you said it doesn't have to be doesn't have to come before us. Uh, roll tape. So maybe we should start again. Mr. Mayor, counselor, the missionary ordinance does not have to be. Okay.

Mr. Schmid, did you have a question? Yeah, just like to thank Mark for the draft that he sent us because all the questions that I had, he showed the comparisons and uh thank you for that so I better understand it. Excellent. Thank you. Any further discussion? If there is none, all in favor of ordinance 2603 on second reading say I. I. I. There any opposed? That is approved on second reading. Ordinance 2604. Mr. Harris, please.

Thank you. Ordinance 2604. An ordinance northwest Wyoming special right permission authority instruct and operation cables in the city terms describing the terms and conditions under which company. Excellent. Thank you, sir. And again, there's no changes to that uh from our first reading. That is correct. Thank you, sir. Do we have a motion to approve ordinance 2604 on second reading? I'll make that. I'll second it, your honor. You're right. He's quick.

Flip a coin. I'll say Willing with the motion and perks with a second. Is that Are you both comfortable with that? Yes, sir. Okay. Got a motion in a second. Any discussion? I just have one question again, not a question, but I talked with Mr. Harris about 154 um in the in the contract about the u favored nations clause. Could you go ahead and explain that again, sir, please?

Yes. 154 is entitled in the ordinance equal protection. Uh it provides that if a such a provider is offered cable cable provider is offered a franchise of more favorable terms can then request that the terms be the same or uh it can uh terminate franchise which is fine city. uh the provision is uh inserted in cable system tele ordinances because as you recall from our discussion session Mr. was talking about change legislation federalally. In fact, remember he said to DC and he said that talking about changes in the cable uh in speaking with uh distribution uh the cable federal cable regulatory scheme is is changing rapidly and so the provision 154 says that if there's a change in federal law then in federal law which would be did anything would make uh a provision agreement uh more favorable or less favorable excuse me change. So that's the other which again another part of it says if there's a change in law we have to comply with that as well. So, and and the third thing was is that this is the cable ordinance. Uh the city has only ever issued one cable franchise. Uh

and that's this one. U uh and it's being renewed. However, uh the terms the the two terms that are very favorable for the city is it's a 5% fee which is the maximum permitted by Paul system and um it is a change of term and uh uh those are terms very favorable. I I can't see one another cable franchise going to this to this council or future council. In fact, I think cable go by the wayside as we know it

um because of the change in technology, right? And that if we were to have someone come in on the table size and from the city stand it's a 5% tenure. Thank you. Excellent. Any further discussion? I don't know. He said that that cable industry was still booming. He did he did say that was it Mr. Croll it. When we asked him about the cable company, he said it's still a viable business. Viable business for now.

So is the antennas on everybody's house at one time. Still some around. If there's no further discussion, all in favor say I. I. I. Are there any opposed? That is approved on on um second reading. And we will go now to new business. And now we need to consider a motion to accept the low bid for a John Deere wheel loader. Mr. Robinson is excused tonight. Mr. Tollesen, I hear you back in the water tonight. So,

yep, he did. Um, we rebid our loader and would like to present uh we opened those last week, present the one that we'd like you guys to accept to John Deere from RDO out of Rock Springs. Um, it's within budget that we had set aside for it. So nice. Kind of fun to see it being a Wyoming corporation, too. A Wyoming company. Anyway, that's right. Kind of fun to see. And I'm glad that qualified beard. If you got a question, Mr. Sers. Yeah. Sorry. You got all the attachments you want this time.

Yep. That was why we rebid it. We had two companies bid with one system and another. They just didn't bid the same. So, we just wanted it all apples to apples. So, that snow wing with the endgates very important. Yes. That's what keeps us safe. Call keeps you safe. It keeps people from calling. That too. Maybe there's a safety issue there too. I'm not recognizing. So, either way, that's a pretty cool thing. So, any other questions for Mr. Tolson, before we move forward with this, um, are we replacing one or is this just adding one or We're just adding. We had we went through last winter without one because it had transmission issues.

Okay. We were able to repair it, but it put a lot couple more hours a day on the other machines to be down. So, okay. Um, it was like a 90 maybe a 2001. We run three that are 94s through 96. I went down there and checked them out. Yeah. So, we we bought a new one in 19, I think. So, just Well, what we'll do is we'll take a a grater out and run the loader in that area. It's more efficient than the grater. Okay. And have a backup. And we should be raring to go with the lack of snow this year. Right. That's right. Yep.

Yeah. It'll stay pretty pristine until next winter. We didn't put a whole lot of hours on those this year. Is there a motion to approve this bid? I'll make the motion. Mr. Schmidt, a motion. Is there a second? I'll second. Seller seconding. Thank you guys. Any further discussion? That was That was real nice of Gordon to just stick you with that though. There's no further discussion. All in favor say I. I. I. Any opposed? That is approved as well. departments. Miss Lim back there. Do you have anything for us tonight, ma'am? Chief Rish. No, sir.

Miss Larson, nothing. Okay. Nothing more. Mika. Well, nothing. Mr. Tolson, anything else from public works? No. Good deal. Mr. Newsome. Mr. O'Neal. Miss Harris. Mr. Harris. Okay. Public participation. Is there anyone here from the public that would like to address the council for any reason? Please.

Kathy Cook, 912 Maine. Um, first of all, I'd like to say how much fun we had at the Boseies uh 80s party. Um, everybody was dressed up way cute and weird and it was a lot of fun. Um, so I have a question about the pickle ball court and are there any rules when they turn the lights off, when they stop playing pickle ball? That is all under the jurisdiction of parks and wreck. So it's uh 10 p.m. 10 p.m.

Okay. Um because I have a friend that lives close by and it keeps her up at night and um if they're not playing, can they be like on a timer and you turn them off? So they're on a timer and they automatically 10. Okay. Um somebody would have to manually go and turn off um earlier that's kind of in a locked area so people aren't turning on and off. So, so do we have a a noise ordinance? So, if they're like real excited and they're noisy, that's at 10:00 also. That's 10 o'clock. Okay. Okay. I'll let her know. I told her to get thicker curtains. Okay. There you go. There you go.

Right. Thank you. Turn the radio up a little more. Put some

Anyone else? If there is not, I'll entertain a motion to adjourn the meeting. I'll make a motion. Second. All in favor? I. We are journed. Here's your pen. I'll put it back in here for next time.