Buffalo Wyoming City Council Meeting Minutes 10/06/09
Oct 19, 2009
Recorder: Julie Silbernagel

CITY OF BUFFALO
REGULAR MEETING MINUTES
October 6, 2009
The Buffalo City Council met in Regular Session in the Council Chambers of City Hall. Present were Mayor Johnson, Councilwoman Reid, Councilman Hancock, Councilman Humphrey and Councilman Hepp. Mayor Johnson called the meeting to order at 4:00 p.m. and led the Pledge of Allegiance. Councilman Hepp made a motion to approve the September 15, 2009 Regular Council Meeting minutes with a second from Councilwoman Reid. The Mayor and all Council members voted aye.
A Public Hearing was held for a liquor license transfer from Warren Schroefel dba Short Stop to Maverick Inc. Shon Shroefel requested Council table the transfer until the November 3rd Council meeting. There being no further public comment Mayor Johnson closed the public hearing.
Ordinance #1335 – An Ordinance Revising that Section of the Code of the Town of the City of Buffalo, Wyoming, that generally provides for the appointment of commission members to the Main Street Commission was presented for Council approval on third and final reading. Councilwoman Reid made a motion to approve Ordinance #1335 on third and final reading with a second from Councilman Hepp. The Mayor and all Council members voted aye.
A liquor license transfer from Warren Schroefel dba Short Stop to Maverik Inc. was presented for Council approval. Councilwoman Reid made a motion to table the transfer until the November 3rd Council meeting. Councilman Humphrey seconded the motion with the Mayor and all Councilors voting aye.
Bob Snowden and Paul Brunkhorst, Commerce Joint Powers Board, requested clarification from Council regarding the ownership of the sewer line and sewer lift station at the Mountain Meadow Wool location. Snowden explained easements were being secured and ownership needed to be determined. Councilman Hepp stated he did not feel this was in the City’s best interest and felt the owners should have to bear the costs of the system. Councilwoman Reid questioned Snowden on the options available to the Joint Powers Board. Councilman Hepp also raised concern with the Wyoming Department of Transportation allowing pipes to be put under Highway 16 East and liability obligations to the City of Buffalo. Councilwoman Reid recommended more time to look at all the issues before a decision is made. Mayor Johnson recommended further discussion at the October 20th Council meeting.
The HIB Annexation was presented for Council discussion. Mayor Johnson and Councilwoman Reid recused themselves from Council and left the room. Vice-Mayor Hancock called on the City Attorney to update Council on the status of the HIB annexation. Tonia Hanson, attorney for HIB, advised Council of HIB’s request to restart the annexation process because of the scope of the project. Councilman Hepp requested the process start with the October Planning and Zoning Board meeting. Hanson stated that HIB also felt Councilman Hepp had a conflict of interest with the annexation process and felt Council was premature in discussions of the annexation before the matter had passed the Planning and Zoning Board. Councilman Hepp felt the annexation process needed to commence immediately citing lost property tax revenue as his reason. Hanson advised she felt the discussion was premature as the annexation was not before Council for a decision at this time. Councilman Hepp reminded Hanson that the annexation was well into the process before it had been previously pulled by HIB. Hepp also added HIB’s wishes didn’t matter as a water connector’s agreement was being violated and the Hampton Inn property should have been annexed long ago. Hanson explained a petition for annexation had been filed, was withdrawn and will be re-filed with the City of Buffalo. Vice-Mayor Hancock recommended a motion be made to continue the annexation process. Councilman Hepp made a motion to have the petition annexation filed as per the water connector’s agreement for the October Planning and Zoning Board meeting and considered by Council at the November 3rd Council meeting. Councilman Humphrey seconded the motion with Councilmen Hepp and Humphrey voting aye. Vice-Mayor Hancock voted nay. Councilman Hepp asked City Attorney Kirven to review the conflict of interest allegation as well as whether the motion was premature. Hanson stated it was an unreasonable request to have the annexation petition compiled and filed in a two week time period. Councilman Hepp advised that should he recuse himself from the HIB annexation decision there would be no quorum of the governing body and therefore the annexation would never be approved. Jerry Landrey, HIB partner, questioned the property tax amount quoted by Councilman Hepp.
Councilman Hepp made a motion to introduce Ordinance #1337 – An Ordinance Creating Chapter 14-13A.1 and 14-13A.2 of the Code of the City of Buffalo, Wyoming, pertaining to penalties for violations of municipal codes, including fines, probation and community service as well as the power to punish for contempt of Municipal Court on first reading. Councilman Hancock seconded the motion with the Mayor and all Councilors voting aye. There being no public comment Councilman Hancock made a motion to approve Ordinance #1337 on first reading with a second from Councilman Humphrey. All Council members and the Mayor voted aye.
Police Chief, Michael Chapman, requested Council approval to accept the bid from the Albany County Sheriff’s Office for a 2007 Ford Expedition. Chapman explained the vehicle was funded by 1% monies. Councilman Hepp made a motion to award the bid in the amount of 25,500 to the Albany County Sheriff’s Office with a second from Councilman Hancock. Mayor Johnson and all Council members voted aye.
Larry Turk, property owner of 281 Balsam, updated Council on the history of an incident involving a fire pit in the City limits. Turk requested Council permission for his son to use the charcoal barrel he had made and requested an apology for the way the dispute had been handled. Mayor Johnson explained the nuisance ordinance and felt the situation had been remedied. Turk questioned the accuracy of the applicable police report and requested reimbursement for his attorney fees. Additional comment was heard from Kyle Turk, Councilman Hepp and Ron Winter. Winter informed Council of his wife’s allergy to smoke and therefore his reason for objecting to the charcoal barrel. Mayor Johnson advised all parties that he would address any City actions handled incorrectly.
A Liquor License suspension for sales tax delinquency for Elizabeth Ker, Shelly Moreno & Mark Ellis dba Buffalo Sports Bar & Grill was presented for Council consideration. Elizabeth Ker advised Council that the sales tax reports had been recently filed and requested Council grant a grace period while the sales tax delinquency was being cleared up. Councilman Hepp made a motion to suspend the liquor license for Elizabeth Ker, Shelly Moreno and Mark Ellis dba Buffalo Sports Bar & Grill on October 30, 2009 if the liquor stop had not been lifted by the Liquor Division of the Wyoming Department of Revenue. Councilwoman Reid seconded the motion with the Mayor and all Councilors voting aye.
The Bunker Minor re-subdivision was presented for Council approval. Councilman Hepp questioned the proper procedure for action on the re-subdivision and made a motion to table Council approval until the October 20th Council meeting. Councilman Hancock seconded the motion with Mayor Johnson and all Council members voting aye.
Mayor Johnson introduced City Planner, Brian Grubb, and welcomed him to Buffalo.
Tom Hulick, Building Inspector, presented a request to waive building permit fees in the amount of 800 for the addition to the shop building at Buffalo High School. Councilwoman Reid made a motion to deny the waiver request with a second from Councilman Hancock. All Council members and the Mayor voted aye. Hulick then answered Council questions regarding sidewalks and curb and gutter.
Les Hook, Public Works Director, presented travel requests for the Public Works Department for Council approval. Councilwoman Reid made a motion to grant the travel requests with a second from Councilman Hancock. The Mayor and all Councilors voted aye. Hook then presented bid results for a leaf sweeper. Councilman Hancock made a motion to award the bid to Turf Care in the amount of 34,956 with a second from Councilwoman Reid. Mayor Johnson and all Council members voted aye.
Brook Stromer, States West Water Resources, presented Council with two change orders to the Waste Water Treatment Plant project for approval. States West recommended approval of change order #6 in the amount of 526,209 for solid waste storage and advised the change order included an additional 30 project days. Councilwoman Reid made a motion to approve change order #6 in the amount of 526,209 and to seek additional loan funding. Councilman Hepp seconded the motion with all Council members and the Mayor voting aye. Mayor Johnson recommended approving change order #7 up to 500,000 for sludge removal. Councilwoman Reid made a motion to approve change order #7 up to 500,000 with City Attorney Kirven to review. Councilman Hancock seconded the motion and the Mayor and all Council members voted aye. Mayor Johnson asked Council to review the total cost breakout provided by Stromer.
Michael Chapman, Police Chief, presented a grant award from Homeland Security in the amount of 14,219.03 for Council acceptance. Councilwoman Reid made a motion to accept the grant with a second from Councilman Hepp. The Mayor and all Council members voted aye. Chief Chapman also presented travel requests for the Police Department for Council approval. Councilman Hancock made a motion to approve the requests with a second from Councilwoman Reid. All Council members and Mayor Johnson voted aye. Chapman then answered Council questions.
City Attorney Kirven advised Council TetraTech RTW had requested a formal response explaining the payment they had received. Brook Stromer, States West Water Resources, advised he had already responded. Kirven also presented a request from Paul Jarvis, attorney for the Frankovic Trust Property, regarding the Lucas Street dispute. Council advised an additional appraiser was being contacted. In closing, Kirven answered Council questions regarding the West Valley fence.
Mayor Johnson presented a request from JLM Engineering to release the retainage to Trek Concrete Construction for work performed on the Safe Routes to School Sidewalks. Councilman Hepp was opposed to releasing the retainage when the State of Wyoming had not accepted the project to date.
A travel and training request from the Clerk’s office was presented for Council approval. Councilwoman Reid made a motion to grant the request with a second from Councilman Hancock. Mayor and all Council members voted aye.
Ken Reid, HIB, addressed Council with his disappointment in their ability to communicate and advised that he felt backed into a corner regarding several projects he was working on in the City of Buffalo. Reid told Council he would be pursuing legal avenues.
Tonia Hanson, attorney for HIB, requested an official transcript of today’s meeting and cited she was specifically looking for the section where Councilman Hepp stated the Hampton Inn would not be annexed into the City.
Mayor Johnson announced the Strategic Planning Retreat for the governing body on October 7 & 8 at the County Planning office. Johnson also announced the City/County Breakfast on October 20th @ 7 a.m. at the Best Western. Mayor Johnson announced the Department Head Meeting on October 27th at 9 a.m. a City Hall.
The following bills were audited and approved for payment: Aflac, agreement – 1,475.44; Linda Betz, service – 398.50; Blue Cross/Blue Shield, insurance – 41,666.47; Bresnan Communications, supply – 109.90; Buckatette Painting, service – 148.49; Buffalo Children’s Center, agreement – 1,607.10; Buffalo Development Association, agreement – 9,574.01; Buffalo Senior Center, agreement – 2,536.84; Capital Business Systems, Inc., agreement – 90.68; Susan Carr, supply – 69.01; Clear Creek Builders, supply – 362.00; Randy Dullum, reimbursement – 29.51; The Embroidery Barn, supply – 93.00; Nancy Hall, service – 180.00; Jo. Co. Solid Waste District, supply – 21,182.25; Johnson County Treasurer, taxes – 19.99; Johnson County YMCA, agreement – 2,195.84; Joint Powers Fuel Facility, supply – 8,642.43; Leader’s Edge Consulting, supply – 2,995.00; Nebraska Child Support, agreement – 435.00; Postage By Phone, supply – 400.00; Rocky Mountain Construction, supply – 5,000.00; St. Francis Animal Shelter, agreement – 1,300.00; Spencer Internet Services, supply – 200.00; Valuations Northwest, Inc., supply – 5,887.50; Visa, supply – 1,034.00; Wyoming APCO Chapter, supply - 200.00; WY Child Support Enforcement, agreement – 850.00; WY Educators’ Benefit Trust, insurance – 378.00; WY Retirement System, retirement – 24,648.66; Hillary Zimmerschield, service – 260.00.
There being no further business the meeting adjourned at 6:03 p.m.

Mayor
ATTEST:

City Clerk