Buffalo Wyoming City Council Meeting Minutes 03/03/09
Mar 11, 2009
Recorder: Julie Silbernagel

CITY OF BUFFALO
REGULAR MEETING MINUTES
March 3, 2009
The Buffalo City Council met in Regular Session in the Council Chambers of City Hall. Present were Mayor Johnson, Councilman Hancock, Councilman Humphrey and Councilman Hepp. Councilwoman Reid was absent. Mayor Johnson called the meeting to order at 4:00 p.m. and led the Pledge of Allegiance. Councilman Humphrey made a motion to approve the February 17, 2009 Regular Council Meeting minutes with a second from Councilman Hancock. The Mayor and all Council members present voted aye.
The Frankovic Trust Property correspondence regarding the Lucas/Euskaldun Kalea paving project was presented for Council review. Councilman Hepp reviewed past discussions between the City and the Frankovics and announced a claim had been filed by the Frankovic Trust with the City in the amount of 488,603.85. City Attorney Kirven recommended forwarding the claim to the City’s liability insurance carrier. Councilman Hepp made a motion to submit the claim to Local Government Liability Pool, the City’s liability insurance carrier. Paul Jarvis, attorney for the Frankovic Trust Property, urged Council to meet with the Frankovics to reach a mutual agreement for restoration of the grade on the property. Mayor Johnson stated past attempts to negotiate with the Frankovics had been met with resistance. Johnson recommended meeting with the Frankovics again to reach an agreement. Councilman Hepp amended his motion to submit the claim to the City’s liability insurance carrier and have the Mayor initiate negotiations with the Frankovics. Councilman Hancock seconded the motion with the Mayor and all Council members present voting aye.
Bobbie Walseth, Buffalo Senior Center, approached Council with a request for monetary assistance to replace several items at the Senior Center that were damaged during the winter months. Councilman Hepp reminded Walseth of the funds currently budgeted for the Senior Center and questioned whether any of those funds could be used for this request. Walseth advised Council there were other funding sources and should the City decline the request she needed a letter stating this action. Councilman Hancock made a motion to decline the funding with a second from Councilman Humphrey. Councilman Hepp stressed that these items needed to be on the City’s capital improvements plan with Walseth pointing out that the problems were unforeseen. The Mayor and all Council members present voted aye.
A Public Hearing was held regarding the Dube Minor County Subdivision west of Buffalo.
A Public Hearing was held regarding the Subdivision and Development Code Revisions. There being no public comment the Mayor closed the Public Hearings.
The Dube Minor County Subdivision was presented for Council approval. City Planner, Colin Betzler, described the location of the subdivision and the requirements for water and sewer connectors’ agreements. Betzler stated the plat contained a warning regarding the water and sewer connectors’ agreements. Councilman Hepp made a motion to approve the Dube Minor County Subdivision with the inclusion of water and sewer connectors’ agreements and the plat warning. Councilman Humphrey seconded the motion with the Mayor and all Council members present voting aye.
Dawn Wexo, Occidental Hotel, requested Council permission for guests of her establishment to be allowed to park on Main Street overnight. A brief discussion followed with input from Police Chief Chapman and Public Works Director Hook. Mayor Johnson advised Wexo that selective enforcement for overnight parking on Main Street was difficult and called her attention to the problems created for street sweeping and snow removal. City Planner Betzler encouraged Wexo to visit with the Planning office regarding alternate parking opportunities for hotel guests.
Councilman Hancock made a motion to introduce Ordinance #1322 – An Ordinance Amending that Section 10-1.7, Paragraph 1 of the Code of the City of Buffalo, Wyoming, Pertaining to Precollection Practices – Residential on first reading. Councilman Hepp seconded the motion with the Mayor and all Council members present voting aye. Public Works Director, Les Hook, explained the ordinance removed the requirement that containers be metal. There being no public comment Councilman Hancock made a motion to approve Ordinance #1322 on first reading with a second from Councilman Hepp. The Mayor and all Council members present voted aye.
Councilman Hancock made a motion to introduce Ordinance #1323 – An Ordinance Amending that Section 10-1.7 Subparagraph 2.B of the Code of the City of Buffalo, Wyoming, Pertaining to Commercial Refuse Containers on first reading. Councilman Hepp seconded the motion with the Mayor and all Council members present voting aye. Councilman Hepp questioned what the ordinance was changing. City Attorney Kirven explained the ordinance addressed dumpsters and the requirement to be placed on a hard pad. There being no public comment Councilman Hepp made a motion to approve Ordinance #1323 on first reading. Councilman Hancock seconded the motion with the Mayor and all Council members present voting aye.
Councilman Hancock made a motion to introduce Ordinance #1324 – An Ordinance Amending Section 10-1.8 Sub-paragraph 4, Section A and B, sub-paragraph 5, Sub-paragraphs 11, 12 and 13 of the Code of the City of Buffalo, Wyoming, Pertaining to Collection Practices on first reading. Councilman Humphrey seconded the motion with the Mayor and all Council members present voting aye. Public Works Director Hook advised Council the ordinance lifted the requirement for the transport vehicle to be water tight and also removed the disposal fees as the City no longer owned the landfill. Councilman Hepp requested clarification on when the refuse material became the City’s responsibility. Councilman Hepp also expressed concern over the requirement that refuse material be placed in containers and not just bags. Councilman Hancock made a motion to approve Ordinance #1324 on first reading. Councilman Humphrey seconded the motion with Mayor Johnson and Council members Hancock and Humphrey voting aye. Councilman Hepp voted nay.
Councilman Hancock made a motion to introduce Ordinance #1325 – An Ordinance Amending Those Section 10-1.7, Subparagraph 2, Section A, of the Code of the City of Buffalo, Wyoming, Pertaining to Precollection Practices – Residential on first reading. Councilman Humphrey seconded the motion with the Mayor and all Council members present voting aye. City Attorney Kirven explained the ordinance requires all refuse containers to be labeled. Hook advised the ordinance would be amended to be consistent with Ordinance #1324 requiring containers. Councilman Hancock made a motion to approve Ordinance #1325 on first reading with a second from Councilman Humphrey. The Mayor and Council members Humphrey and Hancock voted aye with Councilman Hepp voting nay.
Councilman Hancock made a motion to introduce Ordinance #1326 – An Ordinance Amending that Section 10-1 of Chapter 10 of the Code of the Town of the City of Buffalo, Wyoming, that Generally Provides for Waste Disposal on first reading. Councilman Humphrey seconded the motion with the Mayor and all Council members present voting aye. Hook informed Council that the ordinance repeals the code section establishing a City landfill. Councilman Hepp made a motion to approve Ordinance #1326 on first reading with a second from Councilman Humphrey. The Mayor and all Council members present voted aye.

Councilman Hancock made a motion to introduce Ordinance #1327 – An Ordinance Amending that Section 10-1.1 of Chapter 10 of the Code of the Town of the City of Buffalo, Wyoming, that Generally Provides for Waste Disposal on first reading. Councilman Humphrey seconded the motion with the Mayor and all Council members present voting aye. City Attorney Kirven informed Council that the ordinance would repeal the disposal restrictions. Police Chief, Michael Chapman, advised the State Statute addressed unlawful disposal of refuse in containers. Councilman Hepp argued the Ordinance should define a municipal penalty for unlawful disposal of refuse. Councilman Hepp made a motion to table Ordinance #1327 on first reading with a second from Councilman Humphrey. The Mayor and all Council members present voted aye.
Councilman Hancock made a motion to introduce Ordinance #1328 – An Ordinance Amending that Section 10-1.2 of Chapter 10 of the Code of the Town of the City of Buffalo, Wyoming, that Generally Provides for Waste Disposal on first reading. Councilman Humphrey seconded the motion with the Mayor and all Council members voting aye. Public Works Director Hook defined the ordinance would repeal the landfill operator code section. Councilman Hepp made a motion to approve Ordinance #1328 on first reading with a second from Councilman Hancock. The Mayor and all Council members present voted aye.
Councilman Hancock made a motion to introduce Ordinance #1329 – An Ordinance Amending that Section 10-1.3 of Chapter 10 of the Code of the Town of the City of Buffalo, Wyoming, that Generally Provides for Waste Disposal on first reading. Councilman Humphrey seconded the motion with the Mayor and all Council members present voting aye. Public Works Director Hook clarified the ordinance repealed the code defining a City landfill. Councilman Hepp made a motion to approve Ordinance #1329 on first reading with a second from Councilman Hancock. The Mayor and all Council members present voted aye.
Councilman Hancock made a motion to introduce Ordinance #1330 – An Ordinance Amending that Section 10-1.11 of Chapter 10 of the Code of the Town of the City of Buffalo, Wyoming, that Generally Provides for Waste Disposal on first reading. Councilman Humphrey seconded the motion with Mayor Johnson and all Council members present voting aye. Public Works Director Hook explained the ordinance removed the defined penalty for Chapter 10 violations. Councilman Hepp expressed his preference to have the penalty section left in Chapter 10. Councilman Hepp made a motion to table Ordinance #1330 with a second from Councilman Humphrey. The Mayor and all Council members present voted aye.
Councilman Hancock made a motion to introduce Ordinance #1331 – An Ordinance Revising those Sections of the Code of the Town of the City of Buffalo, Wyoming, that generally Provide for Subdivisions and Development Code on first reading. Councilman Humphrey seconded the motion with the Mayor and all Council members present voting aye. City Planner, Colin Betzler, explained the revision process and called attention to the publication requirements. Betzler also referred to the Comprehensive plan recommendation for affordable housing. Mayor Johnson expressed he would like to have an affordable housing clause included in the City code. Councilman Hepp recommended requiring 7 – 10% of lots in new subdivision to be designated at affordable housing. Councilman Hepp made a motion to approve Ordinance #1331 with an additional clause requiring 7 – 10% of lots in new subdivisions to be designated as affording housing. After further discussion Councilman Hepp rescinded his motion and made a motion to table Ordinance #1331. There being no second Mayor Johnson suggested considering the affordable housing clause as a separate future ordinance. Councilman Hepp made a motion to approve Ordinance #1331 with a second from Councilman Hancock. The Mayor and all Council members present voted aye.
Resolution #1274 – A Resolution Adopting the Wyoming Retirement System Deferred Compensation Plan for the Benefit of Employees of the Town of the City of Buffalo, Wyoming was presented for Council approval. Mayor Johnson read the Resolution with Councilman Hepp making a motion to approve the Resolution. Councilman Hancock seconded the motion with the Mayor and all Council members present voting aye.
Mayor Johnson Proclaimed May 1, 2009 as Silver Star Banner Day in the Town of Buffalo and read a proclamation honoring the wounded and ill soldiers in the Town of Buffalo.
Resolution #1275 – A Resolution supporting the Proposal for the GE/UWY Project prepared by the Campbell County Economic Development Corporation was presented for Council approval. Councilman Hepp made a motion to approve the Resolution with a second from Councilman Humphrey. The Mayor and all Council members present voted aye.
City Attorney Kirven answered Council questions regarding amending the subdivision codes.
Colin Betzler, City Planner, requested Council authorization to pursue right of ways on the North Main Storm Sewer project. Councilman Hancock made a motion to allow the Planning Department to proceed with acquiring easements for the North Main Storm Sewer project. Councilman Hepp seconded the motion. City Attorney Kirven clarified whether right of ways or easements were being pursued. Councilman Hancock rescinded his motion and made a motion to allow the Planning Department to proceed with acquiring right of ways on the North Main Storm Sewer project. Councilman Hepp seconded the motion with the Mayor and all Council members present voting aye. Betzler updated Council on the proposed stimulus funding. Betzler also visited with Council about the next Planning Board Meeting and an upcoming signage ordinance. Betzler briefly discussed Section 318 funding and requested direction from Council on how to proceed with the Brock Street Condominium issue. Councilman Hepp made a motion to maintain the R-1 zoning and have the issue proceed to the Planning Commission for a clearer definition of condominiums. Councilman Hancock seconded the motion with the Mayor and all Council members present voting aye. In closing, Betzler gave a progress report on the Capital Improvements Plan.
Les Hook, Public Works Director, presented Council with a list of upcoming projects for the Public Works Department. Hook also presented the results of the sealed bids received on miscellaneous equipment. Councilman Hancock made a motion to award the high bids on the miscellaneous equipment with a second from Councilman Hepp. Mayor Johnson and all Council members present voted aye. Hook also requested input from Council on what to do with the items receiving no bids. Councilman Hepp advised Hook to check with the City Attorney. In closing, Hook answered Council questions regarding park equipment.
Police Chief, Michael Chapman, advised Council of the Regional Basketball Tournament in town this weekend and answered questions from Council regarding an Alcohol Compliance Check Program and revisions to the Law Enforcement Policies and Procedures.
Mayor Johnson led a discussion regarding some chemical that needed removed from the Water Treatment Plant tanks. Johnson presented a proposal to remove the chemicals by AET Environmental of Denver, Colorado in the amount of 29,201.00. Councilman Hepp made a motion to approve the proposal in the amount of 29,201.00 for AET Environmental to remove the chemicals from the Water Treatment Plant tanks. Councilman Hancock seconded the motion and Mayor Johnson and all Council members present voted aye.

Mayor Johnson announced the next City/County breakfast would be March 17th @ 7 a.m. at the Best Western and reminded Council of the NEWY Regional Meeting March 21st in Gillette. Mayor Johnson announced the next Department Head Meeting is scheduled for March 24th at 9 a.m. at City Hall. In closing, Mayor Johnson announced the upcoming Budget meetings @ 5:00 p.m. at City Hall on Mar. 26, Apr. 2, 9,16,23,and 30.
The following bills were audited and approved for payment: Alliance of Hiking Org, supply – 50.00; Linda Betz, service – 398.50; Blue Cross/Blue Shield, insurance – 45,309.60; BPA Family Construction, supply – 1,460.00; Buffalo Senior Center, agreement – 2,536.84; Cody Scantling Enterprises, supply – 100.00; Nancy Hall, service – 180.00; Heartland Tree Care, service – 3,587.50; Jo. Co. Solid Waste District, supply – 17,443.50; Johnson County Y.M.C.A., agreement – 1,500.00; Joint Powers Fuel Facility, supply – 2,429.60; Kirven & Kirven, supply – 1,862.00; North Wyoming Insurance, supply – 200.00; Qwest Communications, supply – 2,072.37; RDG Planning & Design, supply – 1,234.02; St. Francis Animal Shelter, agreement – 3,071.00; Harvey Saxbury, reimbursement – 132.89; Spencer Internet Services, contract – 400.00; States West Water Resources Co., contract – 3,438.96; Swede’s Fire Ext. Service, supply – 188.55; Teton Co. Sheriff’s Office, supply – 325.00; Andy Tkach, supply – 288.20; Visa, supply – 9,982.56; S.G. Welsh Co., Inc., contract – 40,956.00; WWC Engineering, supply – 288.50; WY Dept of Employment, supply – 17.16; WY Educators’ Benefit Trust, insurance – 393.75; WY Retirement System, retirement – 24,180.98; Hillary Zimmerschied, service – 260.00.
There being no further business the meeting adjourned at 6:47 p.m.

Mayor
ATTEST:

City Clerk