EVANSTON — An Evanston man returned to the city council to plead with council members, once again, to adopt an ordinance that would ban cellphone use while driving a vehicle within city limits. Fred Zech has appeared before the governing body six times in the last three years with the same concern.

So once the regular business on the agenda was completed at last week’s regular meeting, held on Tuesday, Dec. 7,  and Mayor Kent Williams asked if anyone in the audience would like to speak, Zech approached the podium to address the council.

“This makes the sixth time I have approached the council,” Zech said, “and I’m not going away.  I have made more phone calls to police departments in other cities and have their comments regarding cellphone use while driving. You have said you would look into this and I don’t see any results.”

Council member Evan Perkes responded, “We are waiting for the state of Wyoming to make it illegal.”

Mayor Williams said, “We have talked about it, and to the police and our attorney. Right now, the state law is sufficient. Texting while driving is illegal. The police can’t be all places at all time. We shouldn’t have to have a law to make people make good decisions. People should just make the right choices.”

Zech added that he had discovered in his research that 98% of the states in the U.S. have a law against talking on a cell phone while driving.

Council member David Welling then read the existing city ordinance regarding safety while driving, which covers “hands on the wheel” and not being distracted but does not explicitly state anything about cellphone use.

Council member Tib Ottley asked Zech, “How would a hands-free law stop people from talking on a cellphone anyway?”

Zech then handed each council member and the mayor copies of the names and phone numbers of the police officers and sheriff’s deputies he had interviewed who were in favor of a law regarding cellphone use.

“Everyone I talked to could not understand why Evanston does not have an ordinance on talking on a cellphone while driving,” Zech said. “It is all about safety.”

Earlier, to begin the meeting, Councilman Mike Sellers reminded everyone that this date was the anniversary of the bombing of Pearl Harbor.

“Though not many veterans of that war are still alive,” Sellers said, “if you meet a vet, please thank them for their service.”

Nathan Prete was then appointed to the Urban Renewal Board for a five-year term, ending in January of 2027.

Following that appointment, Evanston City Attorney Dennis Boal opened a public hearing regarding the application for a transfer of ownership of a retail liquor license from Wyo Gastro LLC dba: The Pub at Purple Sage to the Evanston Golf Club, dba: Evanston Golf Club.

“The paperwork has met all the requirements and been approved by the state,” Boal said.  “Does anyone wish to speak either for or against approval?”

After no one spoke, Boal closed the hearing and the council then approved a motion to transfer the ownership of the retail liquor license back to the golf club.

Under new business, the council approved one motion and five resolutions. Evanston Public Works Director Gordon Robinson addressed the motion.

“We brought this request to the council before and got it approved but when we went to the dealer, we could no longer get the truck for the amount approved so we are back again asking for the same truck for the amount of $47,359.”

The Council approved the motion to award the bid for the 2022 or newer 250/2500 3/4-ton pickup to the apparent low bidder, Eric Suppes, Greiner Ford of Casper, in the amount of $47,359.

Senior planner DuWayne Jacobsen then addressed the next two resolutions.

“The final plat for the PRAZMA subdivision has been approved by the planning board,” Jacobsen said. “Essentially, they are just changing two lots into one in order to build a bigger house.”

The PRAZMA addition is located along the north side of Ottley Drive between Lupine Drive and Elliot Drive and PRAZMA proposes to combine Lots 4 and 5, Block 4 of the Chaparral estates 8th addition subdivision into one lot. The proposed new house will straddle the lot line between lots 4 and 5; combining the two lots will place the new house and detached garage on one lot.

The PRAZMA subdivision was unanimously approved by the council.

The next resolution Jacobsen addressed was for the council to approve the Union Center 3rd Addition. 

As stated in the staff report from the Engineering and Planning Departments: “The Union Center 3rd Addition is located between Union Road and Union Pacific Railroad mainline right-of-way and north of the intersection of Constitution Avenue and Union Road. The Union Center 3rd addition proposes to re-subdivide Lot 3, Block 1 of the Union Center Addition and Lot 1, Block 1 of the Union Center 2nd addition into three lots.

A building for a manufacturing business is proposed to be constructed on Lot 2, Block 1 of the Union Center 3rd addition. NorthStar/Clean Energy is presently located on Lot 3, Block 1 of the Union Center Addition. Water and sewer services will be extended to Lot 2, Block 1 of the Union Center 3rd addition upon construction of a new manufacturing facility.

“There are existing utility easements along Union Road,” Jacobsen said. “New easements include a 50-foot-wide utility and drainage easement located along the west property boundary of Lot 3, Block 1 of the Union Center 3rd addition and a 25-foot-wide utility and drainage easement located along the north property line of the same lot.”

The council unanimously approved both resolutions for subdivisions requested by Jacobsen. Boal spoke about the next resolution.

“Council will recall, the Wyoming Business Council awarded the City of Evanston a $3 million grant and a $1,109,607 loan for the Avalon construction and development project. Annual installments on the loan will be paid for by the rent coming from Avalon. The rent should be more than enough to repay the loan.”

Boal continued to explain the terms of the loan. The collateral for the loan is the mortgage and if the city defaults on the loan, the Wyoming Business Council can take possession of the property. Boal said the interest on the loan is 2% and the first installment payment will be interest only of around $22,000, with nine annual installments to follow. Avalon’s first rent payment will amount to $24,000. Boal advised the council to set up a separate economic development fund account for the mortgage payments and not include them in the general fund. The loan will be repaid by revenues generated by the Avalon project and is not a general obligation of the city.

Boal explained that another document will be forthcoming which will be the formal loan agreement.

Resolution 21-77, which authorizes the execution of a non-recourse promissory note, mortgage and assignment and pledge of revenues with the Wyoming Business Council to secure the loan for the Avalon construction and development project was passed and approved unanimously by the Council.

Evanston Director of Engineering and Planning Dean Barker asked that a change order for the Avalon project be approved. 

“They had to rotate the placement of the building due to the slope of the land which caused a need to remove soil piles; they had to cut back steel casing along the north side of Union Road; water and sewer relocation; raising of a manhole; and installing a catch basin,” Barker said. “The contract increase for the change order is $47,696.97.”

The council approved the change order.

Barker then asked the council to approve an agreement for improvements on the 6th Street overpass with the Wyoming Department of Transportation.

“This is to upgrade the lighting and the installation of decorative pedestrian railing in the overpass and the work will probably not start until 2023 with an ending date sometime in 2024,” Barker said.

According to the document from WYDOT the project cost determined at this time is $305,250 — “WYDOT’s maximum funding of $276,221, with the City’s match portion of $29,029.” All figures are for estimating purposes only and are subject to revision throughout the life of the project. The council approved the execution of an agreement with WYDOT for the project.