Buffalo Wyoming City Council Meeting Minutes 10/27/09
Oct 27, 2009
Recorder:Julie Silbernagel

CITY OF BUFFALO
REGULAR MEETING MINUTES
October 20, 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 October 6, 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 the Sparrow Group Big Horn Apartments annexation. Brian Grubb, City Planner, advised Council that the request for annexation had been withdrawn and recommended vacating the annexation request.
The Commerce Joint Powers Board request for clarification regarding the ownership of the sewer line and sewer lift station at the Mountain Meadow Wool location was presented for Council consideration. The Joint Powers Board agreement was presented for Council review with attention drawn to the section outlining City ownership and responsibility of assets. Councilman Hepp requested the City Attorney review the agreement and made a motion to table Council action regarding taking ownership of the lift station and sewer line until the November 3rd Council meeting. Councilman Humphrey seconded the motion with all Council members and the Mayor voting aye.
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 was presented for Council approval on second reading. Councilman Hancock made a motion to approve Ordinance #1337 on second reading with a second from Councilwoman Reid. Mayor Johnson and all Council members voted aye.
Resolution #1282 – A Resolution Adopting and Approving the Bunker Replat Subdivision being a replatting of lots 1-4 Eychaner Addition to the City of Buffalo, Johnson County Wyoming was presented for Council approval. Keith Neustel, Grizzly Engineering, stated the replat needed final approval from the Planning and Zoning Board. Council referred the Bunker replat to the Planning and Zoning Board.
The HIB Annexation was presented for Council discussion. Mayor Johnson, Councilwoman Reid and Councilman Hepp recused themselves from the discussion and left the Council chambers. Vice-Mayor Hancock announced there was no quorum of the governing body and no action could be taken on this matter. Tonia Hanson, HIB legal counsel, requested a comment period to explain the reason for Councilman Hepp’s conflict of interest. Hanson presented documentation to support the conflict and further requested Councilman Hepp rescind his motion from the October 6th Council meeting. Hanson also stated the effective date of the conflict needed to be determined as well. City Attorney Kirven advised he would review the documents with Hanson’s requests to be considered at the November 3rd meeting. Mayor Johnson and Council members Reid and Hepp joined the Council meeting.
Resolution #1283 – A Resolution Adopting and Approving the Greene Subdivision being a Re-subdivision of Lot 3 of the Livestock Market Park Subdivision was presented for Council approval. City Planner Grubb advised it was staff recommendation to approve the County referred re-subdivision. Grubb also addressed additional conditions recommended by the planning department. Councilman Hancock made a motion to approve Resolution #1283 with a second from Councilman Hepp, All Council members and the Mayor voted aye.
Councilman Hepp requested a status update on the Section 318 funds that were allocated for the Sparrow Group’s Big Horn Apartment annexation.
The YMCA lease agreement renewal was presented for Council approval. Mike Quast, YMCA, requested changes to the agreement regarding snow removal and the insurance reimbursement clause. Councilman Hepp made a motion to approve the agreement with the applicable changes with a second from Councilman Humphrey. The Mayor and all Councilors voted aye.
Mayor Johnson read a proclamation declaring November 6th as Poppy Day in the City of Buffalo and presented it to Donna Gladson, American Legion Auxiliary.
Brian Grubb, City Planner, advised Council the Bunker replat had received final approval from the Planning and Zoning Board on September 22nd and recommended Council approval of Resolution #1282. Councilman Hepp made a motion to approve Resolution #1282 with a second from Councilman Hancock. All Council members and the Mayor voted aye.
Tom Hulick, Building Inspector, briefed Council on upcoming plans for additional office space for the County Assessor.
Les Hook, Public Works Director, presented a cost estimate from WYDOT to increase the size of the storm drain pipe on the Highway 16E project. Mayor Johnson clarified the budget through which additional expense would be paid. Councilman Hepp made a motion to approve the upgrade and requested a contract. Councilwoman Reid seconded the motion with all Council members and the Mayor voting aye. Hook advised he would draft a formal letter to WYDOT.
Hook also updated Council on options for the tree limbs that were collected after the recent snowstorm. Councilman Hancock made a motion to grind the tree limbs with a second from Councilwoman Reid. The Mayor and all Council members voted aye. In closing, Hook presented exterior color choices for the Waste Water Treatment Plant building and answered Council questions.
Michael Chapman, Police Chief, presented a grant award for DUI and Speed Enforcement in the amount of 17,997 for Council acceptance. Councilman Hancock made a motion to accept the grant with a second from Councilwoman Reid. The Mayor and all Council members voted aye. Councilman Hepp questioned whether the expenses had been budgeted for this grant. Chief Chapman also updated Council that the permit for the deer mitigation project was being reviewed at the State level. Chapman then answered Council questions and advised the department was seeking grant funding for portable radios.
City Attorney Kirven presented a quote from Intermountain Labs in the amount of 3,164 for an environmental assessment on the Frankovic Trust property as recommended by Anne Johnson. A brief discussion followed regarding access to the property. Councilman Hepp made a motion to approve the environmental assessment in the amount of 3,164 provided access is granted. Councilman Humphrey seconded the motion with all Council members and the Mayor voting aye. Kirven also requested direction from Council regarding the Betz property acquisition or easement. Councilman Hepp made a motion to proceed with the Betz property acquisition or easement based on the same s.f. price as the Washut property. Councilman Hancock seconded the motion with Mayor Johnson and all Council members voting aye. In closing, Kirven advised the HIB LLC Certified Notice of Claim be forwarded to the City’s liability insurance company.
Mayor Johnson advised an agreement was needed for the Criminal Justice Center that addressed provisions for the recycling center. Johnson also presented a letter from Tetra Tech RTW regarding unpaid invoices and pending legal action for Council review. Johnson then presented a request to release retainage to the contractor on the Safe Routes to School project. Councilman Hepp made a motion to release contractor retainage on the SRTS project with any additional liability to be the engineering firm’s responsibility. Councilman Humphrey seconded the motion with Mayor Johnson and all Council members voting aye.
Tonia Hanson, attorney for HIB, addressed Council to make an official record of the Hampton Inn annexation process and the consistent confusion surrounding the HIB annexation. Hanson cited this confusion as the reason HIB was forced to file a Notice of Claim.
Mayor Johnson announced the Department Head Meeting on October 27th at 9 a.m. at City Hall as well as the Department Head strategic planning seminar November 6th. Johnson then presented his resignation as Mayor effective November 15th. Johnson gave reasons of having too many irons in the fire and felt he was no longer able to devote the time required to do the job properly.
Tonia Hanson personally commended Police Chief Chapman for seeking grant funding.
The following bills were audited and approved for payment: Ace Hardware, supply – 782.95; Albany County Sheriff, equipment – 25,500.00; Alltel, supply – 1,034.79; American Linen, supply – 714.78; B&W Saws, supply – 28.25; Big Horn Veterinary, supply – 309.81; Billings Police Department, supply – 100.00; Big Horn Mtn Radio Network, supply – 250.00; Brenntag Pacific, supply – 4,734.15; Bresnan Communications, supply – 112.85; Buckingham Lumber, supply – 82.24; Buffalo Bulletin, supply – 1,210.50; Buffalo Children’s Center, agreement – 1,181.20; Buffalo Glass, supply – 150.75; Buffalo Ridge LLC, agreement – 128,574.11; Bloedorn Lumber, supply – 180.00; CHS Inc By-Products, supply – 19,560.31; CEI Enterprises, Inc., supply – 1,579.85; Capital Business Systems, agreement -78.65; City Electric, supply – 554.51; Chesbro Electric, supply – 185.33; Clear Creek Printers, supply – 300.97; Collins Communication, agreement – 180.00; Concept Seating, supply – 2,318.00; Contractor’s Supply, supply – 420.09; Creative Product Sourcing, supply – 462.00; Culligan of Sheridan, supply – 245.00; DJ’s Thriftway, supply – 64.26; Ed’s Body Shop, supply – 500.00; Farm Plan, supply – 116.16; Fastenal, supply – 140.08; FSH Communications, agreement – 70.00; GPM Building Maint, service – 34.00; Gall’s Inc., supply – 3,905.42; Gases Plus, supply – 266.86; g. Neill, supply – 115.98; Grainger, supply – 1,499.79; Great Western Bank, contract – 139,312.57; Hach Company, supply – 370.55; Heartland Kubota, supply – 104.47; Honnen Equipment, equipment – 116,387.25; Homax Oil, supply – 482.05; Hydro Construction Co, contract – 1,253,813.09; I.I.M.C., supply – 150.00; Industrial Systems, supply – 3,695.09; Johnson Co. Healthcare Center, supply – 16.00; Johnson County YMCA, agreement – 2,195.84; Joint Powers Fuel, supply – 3,137.12; Joy Appliance, supply – 292.88; Kirven & Kirven, supply – 100.00; Lab Safety Supply, supply – 296.09; Landsmark Partners, agreement – 2,369.55; Lawson Products, supply – 120.81; Leader’s Edge Consulting, supply – 409.36; LexisNexis Matthew Bender, supply – 51.94; Michelena Automotive, supply – 1,681.46; The Mini, supply – 37.50; Montana Dakota Utilities, supply – 1,779.48; Mountain Auto, supply – 1,968.30; Mr. R’s Towing, supply – 90.00; NCPERS Life Insurance, insurance – 192.00; Nebraska Child Support, agreement – 217.50; Northwest Pipe Fittings, supply – 11,939.44; North Wyoming Insurance, insurance – 213.00; The Office, supply – 1,051.17; The Oil Barn, supply – 100.60; Old Dominion Brush, supply – 646.89; Orkin, service – 62.48; Rocky Mountain Power, supply – 16,831.77; Pamida, supply – 149.93; Pitney Bowes, agreement – 402.00; Postage By Phone, supply – 400.00; Powder River Heating & AC, supply – 56.40; Powder River Power, supply – 285.83; Praetorian Group, supply – 430.00; Premier Emblem, supply- 652.08; Public Safety Warehouse, supply – 146.18; QA Balance Services, supply – 771.00; Q Business Source, supply – 159.80; Qwest Communications, supply – 2,113.84; Reimann Oil Company, supply – 721.76; RHOMAR Industries, 1,200.44; Rocky Mountain Fresh Food, supply – 155.96; Ron’s Plumbing, supply – 689.29; Roscoe Steel & Culvert, supply – 298.23; Sheridan Computer, Inc., supply – 1,363.95; Servall Uniform & Linen, supply – 558.60; Sports Lure, supply – 821.58; Squeeky Kleen, supply – 94.25; States West Water Resource, contract – 104,131.27; Team Chemical, supply – 350.00; Technology Net, supply – 300.00; Elaine Walker, service – 200.00; Waterworks Industries, supply – 3,990.00; WCS Telecom, supply – 189.62; Wear Parts, Inc., supply – 28.25; Wingfoot, supply – 3,100.50; WY Child Support Enforcement, agreement – 425.00; WY Dept of Revenue, taxes – 62.11; WY Dept of Transportation, supply – 395.23; WY Machinery Co., supply – 25.43; WY Public Health Laboratory, supply – 30.00; Wyoming Society of CPAs, membership – 275.00; WY Workers’ Compensation, insurance – 6,351.91; Xerox, agreement – 126.46.
There being no further business the meeting adjourned at 5:14 p.m.

Mayor
ATTEST:

City Clerk