Buffalo Wyoming City Council Meeting Minutes 11/17/09
Dec 15, 2009
Recorder: Julie Silbernagel

CITY OF BUFFALO
REGULAR MEETING MINUTES
November 17, 2009
The Buffalo City Council met in Regular Session in the Council Chambers of City Hall. Present were Councilwoman Reid, Councilman Hancock, Councilman Humphrey and Councilman Hepp. Vice-Mayor Hancock called the meeting to order at 4:00 p.m. and led the Pledge of Allegiance. Councilwoman Reid made a motion to approve the November 3, 2009 Regular Council Meeting minutes with a second from Councilman Hepp. All Council members voted aye.
A Public Hearing was held for the 2010 renewal of the following liquor licenses:
American Legion, Powder River Post #13 – Limited Retail Liquor License, bar located in center of East Side of building situated at 18 Veterans Avenue.
Buffalo Golf Club, Inc. d/b/a Buffalo Golf Club – Limited Retail Liquor License, bar located in the upper level of clubhouse, situated at 500 West Hart.
High Plains Pizza, Inc. d/b/a Pizza Hut – Restaurant Liquor License, bar located in center of building situated at 110 East Hart Street.
Sol De Vallarta – Restaurant Liquor License, bar located in Southwest corner of building situated at 4 South Main Street.
Tuma, Inc. d/b/a Bozeman Trail Steakhouse – Retail Liquor License, bar located in NW portion of building, additional dispensing room located in SE corner of building situated at 675 East Hart Street.
JCE Inc. d/b/a Century Club – Retail Liquor License, first floor of building situated at 14 South Main Street.
City Liquor, LLC d/b/a City Liquor – Retail Liquor License, in the building situated at 490 Fort Street.
Buffalo Properties, LLC d/b/a Best Western Crossroads Inn – Retail Liquor License, bar located in South portion of building situated at 75 North By-Pass Road.
DJ’s Liquor Store, LLC d/b/a DJ’s Liquor Store – Retail Liquor License, in the building situated at 889 Fort Street.
Occidental Hospitality, LLC d/b/a Occidental Hospitality – Retail Liquor License, located in the center section of hotel situated at 18 North Main Street.
Don Seals Enterprises, Inc. d/b/a Ray’s Liquor – Retail Liquor License, located in the South end of the building situated at 207 South By-Pass Road.
WaHoo Likkers, Inc. d/b/a WaHoo Likkers – Retail Liquor License, bar located in SE portion of building, additional dispensing room located in SW portion of building situated at 215 North Main Street.
LBCB, LLC d/b/a Crazy Woman Liquors – Retail Liquor License, in the building situated at 150 East Hart Street.
American Outback Productions LLC d/b/a Up In Smoke LLC – Bar and Grill Liquor License, in the building situated at 94 South Main Street.
There being no public comment Vice-Mayor Hancock closed the public hearing.
The Commerce Joint Powers Board sewer line easements were discussed by Council. City Planner, Brian Grubb, advised Council of past easements and the intentions of the Joint Powers Board. Councilman Hepp made a motion to have the easement’s held in the City of Buffalo’s name with a second from Councilwoman Reid. All Council members voted aye.
The resignation of Mayor Johnson was presented for Council acceptance. Councilman Hepp made a motion to accept the resignation with a second from Councilman Humphrey. All Council members present voted aye.
Councilman Hepp asked Chief Chapman to discuss the results of alcohol compliance checks this past year and any concerns with the liquor license renewals. Chapman advised that three establishments had failed the compliance checks twice with one establishment participating in the training offered by the Substance Abuse Prevention Coordinator. Councilwoman Reid made a motion to approve all liquor license renewals except Buffalo Properties, LLC d/b/a Best Western Crossroads Inn and DJ’s Liquor Store, LLC d/b/a DJ’s Liquor Store at this time. Councilman Hepp seconded the motion with all Council members voting aye.
Angela Jarvis, Buffalo Chamber of Commerce, presented a request for street closures during the Christmas Parade on December 5th. A brief discussion regarding the parade route and the chili feed as well as limiting parking during the event was held. Councilwoman Reid made a motion to grant the street closures during the parade on December 5th and to limit parking from 1st National Bank to Crazy Woman Square. Councilman Humphrey seconded the motion and all Council members voted aye.
A Water Services Agreement for the Greene Subdivision was presented for Council approval. Councilman Hepp questioned water or irrigation rights on the property. Councilwoman Reid made a motion to approve the water services agreement with a second from Councilman Humphrey. All Council members voted aye.
Councilman Humphrey questioned the financial operations of the Joint Powers Recycling Board. A discussion followed with additional input from Vice-Mayor Skip Hancock, City Attorney Kirven, Councilman Hepp, Laura Dematteis, Councilwoman Reid, Michael Johnson and Angela Jarvis. City Attorney Kirven will provide Council with a definition on public records with Clerk Silbernagel looking into the possibilities of having all Joint Powers Boards audited. Councilwoman Reid requested all City boards report to Council on a regular basis. Councilman Hepp requested the City and County attorneys research the roles and reporting of Joint Powers Boards and which entity is responsible for tracking the records.

The Hampton Inn water access was presented for Council discussion. Councilwoman Reid recused herself from the discussion and the Council chambers. Councilman Hepp asked City Attorney Kirven to explain his opinion letter regarding this matter. A brief discussion followed regarding whether the Hampton Inn was entitled to water at this time and if the City could be liable if water was turned off to this location. Kirven stated the City had no obligation to supply water to the Hampton Inn at this time. Councilman Hepp made a motion to shut the water off to the Hampton Inn until annexation was complete. Councilman Humphrey seconded the motion. Jerry Landry, HIB, LLC, expressed the Hampton Inn was meeting all the City’s requirements and was proceeding along the annexation process. Councilman Hepp argued that the water connector’s agreement required annexation before water would be allowed to the property. Landry did not see the benefit of shutting the water off and cited safety concerns over shutting the water off at this time. Councilman Hepp questioned whether the Hampton Inn would be interested in signing a contract defining the fee for access to water for fire protection. Further discussion followed regarding what tap fees actually paid and Ken Reid explained the annexation process HIB, LLC had been trying to follow. Councilman Hepp called for the question and Councilmen Hancock, Humphrey and Hepp voted aye. Councilwoman Reid did not vote. Councilman Hepp made a motion to offer a contract defining the fee to HIB, LLC regarding fire protection until the property has been annexed. Councilman Humphrey seconded the motion with Councilmen Hancock, Humphrey and Hepp voting aye. Councilwoman Reid did not vote.
Councilman Hepp made a motion to introduce Ordinance #1338 – An Ordinance amending that Section 27-38.2 of the Code of the Town of the City of Buffalo, Wyoming, pertaining to monthly sewer usage fees. Councilman Humphrey seconded the motion with all Councilors voting aye. City Planner Grubb explained the sewer rate increase was a commitment the City had made to secure loan funding in the amount of 2.8 million for the Waste Water Treatment Plant project. Michael Johnson, 349 S Lobban, expressed concern with the rate structure of City utilities and asked Council to consider restructuring the rate system. Councilman Hepp raised additional questions regarding maintenance and other additional costs with the new plant. Council discussion followed with Councilman Hepp making a motion to approve Ordinance #1338 on first reading with a second from Councilwoman Reid. All Council members voted aye.
An Amendment to the Subdivision Improvements agreement for Buffalo Ridge was presented for Council approval. City Planner Grubb explained the amendment request and advised escrow funds were available to ensure the amended agreement requirements. Councilman Hepp made a motion to amend the subdivision improvements agreement for Buffalo Ridge with a second from Councilman Humphrey. All council members voted aye.
The preliminary acceptance of off-site improvements for Buffalo Ridge was also presented for Council approval. Grubb advised the improvements were not ready for approval at this time and additional items needed to be addressed. Councilman Hepp made a motion to table the preliminary acceptance of off-site improvements for Buffalo Ridge with a second from Councilman Humphrey. All Council members voted aye.
Resolution #1284 – A Resolution to document Town of Buffalo implementation of the provisions of section 414(h)(2) of the Internal Revenue Code, regarding employer pick-up of employee retirement contributions to the Wyoming Retirement System was presented for Council approval. Clerk Silbernagel explained this was a requirement of the Wyoming Retirement System to document each city and town participating in the retirement program. Councilwoman Reid made a motion to approve Resolution #1284 with a second from Councilman Humphrey. All Council members voted aye.
Resolution #1285 – A Resolution to document Town of Buffalo/Law implementation of the provisions of section 414(h)(2) of the Internal Revenue Code, regarding employer pick-up of employee retirement contributions to the Wyoming Retirement System was presented for council approval. Councilwoman Reid made a motion to approve Resolution #1285 with a second from Councilman Humphrey. All Council members voted aye.
Councilwoman Reid nominated Councilman Hancock to fill the Mayoral vacancy until the general election in 2010 with a second from Councilman Hepp. Councilors Reid, Humphrey and Hepp voted aye. Councilman Hancock did not vote.
Hancock requested direction from Council on how the resulting Council vacancy was to be filled. Hancock announced two letters of interest had been received. A brief discussion regarding options for filling the vacancy was held with Councilman Humphrey making a motion to appoint Randy Dyess to the Council until the general election in 2010. Councilman Hepp seconded the motion with all Council members voting aye.
City Planner, Brian Grubb, updated Council that the City had withdrawn their grant requests for the Business Ready Community Grant and the Community Development Block Grant. Grubb advised the funds could be reapplied for in 2010 giving the Buffalo Development Association more time to raise matching funds. Grubb also updated Council on the Trails Board as well as recent Rock Creek Wilderness area discussions. Councilman Hepp suggested the City of Buffalo and Johnson County pass a joint resolution regarding this discussion.
Tom Hulick presented site plans for the new Child Development Center and advised the contractor for the project would be Randy Dyess. Hulick also advised a request had been received to waive the building permit fees as well as the water and sewer taps. In closing, Hulick presented his monthly report to Council and addressed Council questions.
Kenn Durfee, Public Works Foreman, presented Council with an update on street projects and advised the street cuts should be completed November 18th. Durfee also updated Council on the tree limb chipping and hauling project. Les Hook, Public Works Director, reminded Council the costs for chipping the trees would be split between the City of Buffalo, Johnson County and the Solid Waste District.

Michael Chapman, Police Chief, addressed Council questions regarding timecards and the status of the deer permit.
City Attorney Kirven updated Council on the Frankovic lawsuit and answered Council questions.
Michael Johnson addressed Council on the proposed contract for the Hampton Inn fire protection and questioned whether this was covered in the water connector’s agreement. Johnson also clarified what had prompted today’s Council action regarding the Hampton Inn.
Councilwoman Reid requested the application period be closed for the various board vacancies the City was advertising.
Hancock announced the Northeast Wyoming Municipal Leaders Group Meeting on January 23rd @ 8:30 a.m. in Dayton. Hancock also announced the Department Head Meeting November 24th @ 9 a.m. at City Hall. Hancock then advised City Hall would be closed November 26 & 27 for the Thanksgiving Holiday.
The following bills were audited and approved for payment: Ace Hardware, supply – 360.72; Advanced Hydraulics, supply – 909.72; Alltel, supply – 1,042.00; American Linen, supply – 549.33; Colin Betzler, contract – 820.00; Big Horn Veterinary, supply – 148.97; Blakeman Propane, supply – 36.00; Buffalo Bulletin, supply – 3,236.00; Buffalo Chamber/Commerce, supply – 12.00; Buffalo Children’s Center, agreement – 876.01; Buffalo Development Association, agreement – 935.90; Buffalo Prescription Shop, supply – 18.97; Bloedorn Lumber, supply – 360.21; Michael Chapman, reimbursement – 257.98; City Electric, supply – 285.24; Chesbro Electric, supply – 2,554.49; Clear Creek Printers, supply – 56.26; Collins Communication, supply – 180.00; Collections, Inc., supply – 101.92; Culligan of Sheridan, supply – 119.00; DJ’s Thriftway, supply – 169.48; Farm Plan, supply – 2.79; GPM Building Maint, service – 34.00; Gall’s Inc., supply – 26.98; Hach Company, supply – 453.31; Honnen Equipment Co., supply – 131.53; Homax Oil, supply – 454.15; Industrial Systems, Inc., supply – 457.77; Inter-Mountain Labs, supply – 1,080.00; Intoximeters, supply – 1,990.00; JLM Engineering, contract – 2,080.00; Jack’s Truck & Equipment, supply – 236.70; Johnson County YMCA, agreement – 3,225.00; Joint Powers Fuel Facility, supply – 2,946.01; Joy Appliance & Video, supply – 358.33; Lariat International Trucks, supply – 109.10; Lawson Products, Inc. – 134.81; Michelena Automotive, supply – 1,744.14; Montana Dakota Utilities, supply – 4,247.74; Mountain Auto, supply – 722.93; Municipal Treatment Equipment, supply – 3,430.00; Nebraska Child Support, agreement – 145.00; Neve’s Uniforms & Equipment, supply – 801.74; Northern Tool & Equipment, supply – 105.42; Northwest Pipe Fittings, supply – 617.76; North Wyoming Insurance, insurance – 106.00; The Office, supply – 1,376.53; The Oil Barn, supply – 195.70; Rocky Mountain Power, supply – 16,425.79; Pamida, supply – 108.63; Postage by Phone, supply – 800.00; Powder River Energy, supply – 4,255.46; Powder River Heating & AC, supply – 524.52; Public Safety Division, supply – 710.00; Qwest Communications, supply – 2,119.99; Radar Shop, supply – 644.00; Reimann Oil Company, supply – 1,083.32; Rocky Mountain Fresh Food Ctr, supply – 207.45; Sheridan Computer, supply – 1,819.65; Servall Uniform & Linen, supply – 148.43; Spencer Internet Services, supply – 200.00; Sports Lure, supply – 4,246.00; TurfCare, equipment – 34,956.00; Visionary Communications, supply – 353.50; Volunteers of America, supply – 290.00; Watco, service – 839.50; Waterworks Industries, supply – 300.00; WCS Telecom, supply – 215.56; Wear Parts, supply – 171.25; Wingfoot, supply – 1,099.02; W.W.Q. & P.C.A., supply – 645.00; WY Ass’n Municipalities, supply – 283.00; WY Child Support Enforcement, agreement – 425.00; WY Dept of Employment, supply – 29.13; WY Dept of Transportation, supply – 5.00; WY Workers’ Compensation, insurance – 5,857.93; Xerox Corporation, agreement – 42.26; Yochum Contracting, supply – 16,750.00.
There being no further business the meeting adjourned at 6:20 p.m.





Mayor
ATTEST:





City Clerk