EVANSTON — The Evanston City Council had a full agenda Tuesday evening, discussing three ordinances and 10 resolutions. 

Several city ordinances could be changed due to the state legislature amending state statutes for the sale of alcoholic beverages. The city is working to modify local requirements to be more in line with state statutes. There were three ordinances for the council to consider and all were approved on first reading

One change beefs up the definition of the word “operational,” according to Evanston City Attorney Dennis Boal, by modifying the requirements on liquor licensees to demonstrate their business is operational; and to modify minimum purchase requirements for licensees.

An operational liquor establishment is one that offers the sale of alcohol on an ongoing weekly basis and is authorized under a license or permit. The city is working to amend the code to say that issuance of more than one license or permit to a person would be prohibited. 

The ordinance change will require that a planned enterprise be functional within one year after the license or permit is issued; however, if the licensee shows good cause for the delay, the city may extend the deadline for up to one additional year.

A retail liquor license will not be renewed if the business did not purchase at least $2,000 of alcoholic beverages during the previous year.

The state has also amended the state statute to eliminate the age restrictions regarding persons permitted to enter a liquor establishment.

The city’s ordinance would allow those under the age of 21 to be permitted in bars and taverns but only in a dining room, waiting area or restaurant until 11 p.m. No one under 21 would be permitted to sit at a bar.

In liquor stores that primarily sell liquor, those under the age of 21 would only be allowed in when accompanied by a parent or guardian. In grocery and retail stores where alcohol is sold in a separate section, one must be at least 21 to enter that area.

If a facility is found to be in violation of the law, they could be guilty of a misdemeanor and if convicted could be fined up to $750, imprisoned for up to six months, or both.

The third resolution, which Boal called the “third leg of the stool,” amends several sections of Evanston’s city code. The state has amended the statute to provide for the sale of alcoholic beverages from a licensed building instead of a “dispensing room.”

“The ‘dispensing room’ definition created some weird situations,” said Boal. “This resolution resolves that issue by licensing a building instead of a dispensing room and it will eliminate some fees.”

Restaurants will still need a dispensing room. The resolution was passed unanimously on first reading.

The city council also approved a request from Kate’s on Main Street. The bar will be allowed to go forward with plans for a rooftop patio.

“We need to be business friendly,” said councilwoman Wendy Schuler, “and I know rooftop [serving] or patio serving are things of the future, but we must be careful because it could cause issues. I’m nervous about noise. Hopefully, local businesses can work together to resolve any issues.”

There is still a long way to go before Kate’s can begin serving. They will still need to get a permit, which they can’t get until the state approves their plans. They will have to install a sprinkler system for fire safety and that requires tapping into the city’s water main.

There have been concerns about noise. Evanston Police Chief John Kirby said there are two ordinances in place to help alleviate noise problems. The first is a noise ordinance based on decibel levels but he said the “disturbing the peace” guideline would most likely provide the best protection from noise.

“I want to be sensitive to both sides,” said Mayor Kent Williams after concerns were raised about noise. “We would like to be able to make certain everyone is happy but we want businesses to do well and we need to look toward the future.”

The council then approved three resolutions that provide funds to the Evanston Police Department and the Uinta County Sheriff’s Office to enforce underage drinking laws and perform alcohol and tobacco compliance inspections. The funds help to pay officers and provide small rewards for those in compliance.

The council approved a resolution which would allow city employees to accumulate compensatory time off instead of getting paid overtime. Employees can currently be paid 150 percent of their regular wage for overtime or they can choose to collect paid time off. The rules for compensatory time off have been that an employee could accumulate up to 40 hours of paid time off, but had to use the time within 30 days.

Now employees will be able to accumulate up to 60 hours of paid time off and will have a full year to use the time. It could result in a savings for the city by reducing the amount of overtime paid out.

The city council approved two change orders for the fairgrounds sewer project. By using the topsoil already in the location and seeding grass instead of purchasing topsoil and applying sod, the city saved about $15,000. 

To ensure the pipeline will have a longer life with less maintenance requirements, the city approved a change order to purchase a higher quality soil for the bedding of the pipeline, increasing the cost of the project to $480,318, a $52,700 increase.

Two resolutions were passed approving change orders for the Roundhouse project. One order calls for additional trim to third floor windows, adds insulation to a building extension and provides for painting exterior trim. The additions of this change order increase the cost of the project by $47,910, though the project remains within budget.

Another resolution passed by the council on Tuesday approves the use of an incentive program offered by Rocky Mountain Power to convert lighting used in city buildings to LED systems, which will cut energy costs. 

The city plans to convert 14 buildings, including the police department and city hall. The total cost of the project will be more than $50,000, but Rocky Mountain’s incentive program will cover $30,087 of the costs and the city will pay $12,685.