City Council Meeting Minutes November 13, 2018

Transcription

1 1 City Council Meeting Minutes November 13, 2018 The Regular Council meeting of the Douglas City Council was held on Tuesday, November 13, 2018, at 5:30 p.m. in the Council Chambers of City Hall at 101 N. 4 th Street, Douglas, Wyoming. CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL: Mayor Jones called the meeting to order and led the assembly in the Pledge of Allegiance. Upon roll call the following were present: Mayor: Council Members: Bruce A. Jones Leroy Kingery John Bartling Rene Kemper Monty Gilbreath Others Present: City Administrator Jonathan Teichert City Attorney Heather Duncan-Malone City Clerk Karen Rimmer Chief of Police Ron Casalenda Public Works Director John Harbarger Community Dev. Director Clara Chaffin IT Director Gary Schwarz Disclosures by City Councilmembers: Mayor Jones congratulated the 2018 election winners for City Council: Rene Kemper, Mayor; and John Bartling and Kim Pexton, City Council. He then asked for disclosures of any conflicts of interest for Council members; Councilmember Gilbreath declared a conflict with Council Action Item No. 7.IX. (funding request for proposed recreation center). No other conflicts were declared. Consent Agenda: Councilmember Kingery moved to approve the Consent Agenda as presented: Item 2.I. Corrections, Additions, and Approval of Agenda for November 13, 2018; Item 2.II. Consideration of Resolutions and Ordinance by Title Only; Item 2.III. Warrant Register, October 2018; Item 2.IV. Minutes, Regular City Council Meeting, October 22, Councilmember Bartling seconded; no discussion and motion approved 5-0. Proclamations: Item 3.I. Proclamation, Small Business Saturday, November 24, 2018: Councilmember Kingery read the proclamation declaring November 24, 2018 as Small Business Saturday in Douglas urging the citizens of Douglas to support local businesses and merchants throughout the year. Council Presentations/Public Hearings: Item 4.I. Show Cause Hearing, P&Z Inc. D/B/A Double D Liquors, Sales Tax Delinquency: Mayor Jones opened the show cause hearing; the City Clerk provided evidence for the City of Douglas including: an overview of the sales tax delinquency issue, which is P&Z Inc. fourth such violation; dates of the other violations; that verification

2 2 has been received from the Wyoming Department of Revenue of paid delinquent taxes; typical actions of the Wyoming Dept. of Revenue regarding late and delinquent sales taxes; circumstances and actions of Council in previous situations with this licensee; Council authority provided by Municipal Code and State Statute. Dawn Patterson, representing P&Z, Inc., approached Council to provide further clarification and answer questions, and discuss solutions; she stated this delinquency was the result of penalties in the amount of approximately $ that she was not aware of. She also stated she was signed up to pay sales taxes online; provided more explanation of how this delinquency occurred; and stated that she now has a standing meeting with the area Department of Revenue Field Representative. No further questions and the show cause hearing was closed. Councilmember Gilbreath moved to impose a $ fine against P&Z Inc. to be paid no later than 8:30 a.m. on Wednesday, November 14, 2018, or suspension of the liquor license for P&Z Inc. would occur until such time as the fine was paid; Councilmember Kemper seconded. Following discussion, Councilmember Kingery moved to amend the motion to require P&Z Inc. to notify the City Clerk by the 5 th of each month of each monthly meeting and affirmation of payment of current taxes for twelve consecutive months; seconded by Councilmember Kemper; no discussion and amendment passed 5-0. Main motion: no further discussion and motion approved 5-0. Public Comments: None. Applications for Special Permits/Appointments to Boards and Committees: Item 6.I. Douglas Housing Authority Appointment: Councilmember Bartling moved to appoint Gary Shatto to the Douglas Housing Authority Board to fill an unexpired vacated term until June 30, 2021; seconded by Councilmember Kemper; following discussion, motion approved 5-0. Item 6.II. Douglas Housing Authority Appointment: Councilmember Kemper moved to appoint Robert Langston to the Douglas Housing Authority Board to for a five-year term retroactive from June 30, 2018, until June 30, 2023; seconded by Councilmember Gilbreath; no discussion and motion approved 5-0. Item 6.III. Planning and Zoning Commission Appointment: Councilmember Gilbreath moved to appoint Becky Renstrom to the Planning and Zoning Commission for a three-year term retroactive from October 25, 2018 to October 25, 2021; seconded by Councilmember Bartling; following discussion, motion approved 5-0. Item 6.IV. Planning and Zoning Commission Appointment: Councilmember Kingery moved to appoint Carol Johnston to the Planning and Zoning Commission for a three-year term retroactive from October 25, 2018 to October 25, 2021; seconded by Councilmember Kemper; no discussion and motion approved 5-0. Item 6.VI. Converse County Recreation Center

3 3 Committee, City Appointment: Mayor Jones clarified that only one appointment would be made to this Committee at this time, with the other appointment to occur once a new Council is seated; therefore, Item 6.VII. will not be considered at this meeting. Councilmember Kemper moved to appoint Councilmember Bartling to this Committee from November 14, 2018, to December 31, 2019; Councilmember Gilbreath seconded. Followed discussion of the role of this committee; waiting to appoint members of this committee until such time as the new Council is seated; the ability for a newly seated Council to revisit this issue; and that this is to fill a position previously filled by Douglas Olson, motion approved 5-0. Council Items: Item 7.I. Ordinance 998, Amending Chapter of Douglas Municipal Code Regarding Requirements for Trucks Over a Certain Weight and the Designated Truck Routes Within the City of Douglas, Third and Final Reading: Councilmember Bartling moved to approve and adopt Ordinance 998 as amended on third and final reading; seconded by Councilmember Gilbreath. Administrator Teichert and Chief Casalenda provided the overview of the reasoning for the changes, which correlates with language in Wyoming State Statute; education and communication of changes; maps and signage to include heights and limits throughout town; permits via WYDOT; and the noticeable increase of truck traffic within town. No further discussion and motion approved 5-0. Item 7.II. Agreement Between the City of Douglas and Steiner Thuesen PLLC, Douglas Park Cemetery Expansion Project: Councilmember Kemper moved to approve the agreement as presented; Councilmember Bartling seconded; no discussion and motion approved 5-0. Item 7.III. Agreement Between the City of Douglas and Steiner Thuesen PLLC, Washington Park Irrigation Replacement Project: Councilmember Gilbreath moved to approve the agreement as presented; Councilmember Kingery seconded; no discussion and motion approved 5-0. Item 7.IV. Amendment No. Four to Contract Between the City of Douglas and Bellwood Tree Service, LLC: Councilmember Gilbreath moved to approve amendment four as presented; seconded by Councilmember Kingery. Discussion followed regarding correcting section 7.10., city designee, and that this service will be bid again in two years; no further discussion and motion approved 5-0. Item 7.V. Brownfield Assessment Grant, Request for Qualifications and Selection of Contractor: Councilmember Bartling moved to accept the proposal from Ayres Associates as presented and further authorize the City Administrator to execute all associated contract documents following legal review; Councilmember Kemper seconded. Following Council questions, Director Chaffin provided an overview of this item, which pertains to a $300,000 ($200,000 for hazardous substances, $100,000 for petroleum) EPA Grant that the City

4 4 received in order to conduct Phase I and Phase II assessments of sites identified; following these assessments, the City can apply for additional grant funds for actual clean up. No further discussion and motion approved 5-0. Item 7.VI. Bid Recommendation, Little Boxelder Spring Transmission Line Replacement Project: Councilmember Kingery moved to approve the bid recommendation as presented and accept the bid from Mountain View Builders, Inc. in the amount of $7,917, and further authorize the City Administrator to execute all associated contract documents following legal review; seconded by Councilmember Gilbreath. Discussion followed regarding the favorable number and amounts of bids; hope for little to no change orders; the length of this project; the projected timeline; and overall satisfaction that the City is now at the point to begin construction. Following final comments from Council, motion approved 5-0. Item 7.VII. Bid Recommendation, New Backhoe, Utility Department: Councilmember Kemper moved to approve the bid recommendation as presented and accept the bid from Wyoming Machinery Company in the amount of $123,911.48, and further authorize the City Administrator to execute all associated contract documents following legal review; seconded by Councilmember Kingery; no discussion and motion approved 5-0. Item 7.VIII. Change Order No. One, Little Boxelder Spring SCADA Replacement Project: Councilmember Bartling moved to approve the Change Order in the amount of $48, as presented; seconded by Councilmember Kingery. Director Harbarger provided an overview of this change order, which is recommended due to remaining budgeted funds due to lower-than-expected bids, which can be used to replace outdated electrical equipment, flow meters, and VFDs. Following additional discussion, motion approved 5-0. Item 7.IX. Funding Request for Proposed Recreation Center (Exploration, Informational Campaign, and Potential 2019 Special Election): Councilmember Kemper moved to approve the expenditure of $20,000 to be used for a proposed recreation center; seconded by Councilmember Bartling. Discussion followed including consideration to not act upon this item until the new Council is seated; the proposed amount would be a budget amendment; and how this amount of funding has been considered by the Converse County Commissioners and will be considered by the Converse County School District No. One. Following final comments, motion approved 4-0 with Councilmember Gilbreath abstaining from the vote. Item 7.X. Funding Request Wyoming State Fair Endowment Fund, City Match: Councilmember Kemper moved to approve the expenditure of $25,000 towards the Wyoming State Fair Endowment Fund; Councilmember Bartling seconded. Mayor Jones provided an overview of this request from Senator Boner, including previous legislative action; funds in place in

5 5 the Wyoming Para-mutual fund; the intent to request additional funds for the Wyoming State Fair from this fund; and that the same request being asked of the Converse County Commissioners as local matching funds. Following discussion, Councilmember Kingery moved to amend the motion to include language that the City s expenditure would be contingent upon the Commissioners approving the request as well; amendment died due to lack of a second. No further discussion and motion approved 5-0. Tabled Items: Item 8.I Wyoming Community Gas Community Project Designation, City of Douglas: Councilmember Bartling moved to remove this item from the table; seconded by Councilmember Kemper; no discussion and motion approved 5-0. Councilmember Kingery then moved to approve the community project designation as presented; seconded by Councilmember Bartling. Discussion followed regarding the upcoming Marge Irons Memorial Dog Park; no further discussion and motion approved 5-0. Council Information: Item 9.I. Unapproved Minutes, Converse County Tourism Board, October 18, 2018 Meeting; Item 9.II. Council Update, Compliance Failures: Councilmember Gilbreath moved to hold a show cause hearing for Sapporo Wyoming II LLC at the November 26, 2018 regular City Council meeting; seconded by Councilmember Kemper. Discussion followed, including that all discussion regarding this show cause hearing must occur in the hearing versus anything in Executive Session. No further discussion and motion approved 5-0. Overall sales tax numbers in Converse County was discussed, as were upcoming major projects such as wind farms, gas plants, and oil drilling. Council complimented the wayfinding signs that are going up around Douglas; there are more coming. Adjourn: Councilmember Kemper moved to adjourn the regular meeting; Councilmember Bartling seconded; no discussion and motion approved 5-0. Regular meeting adjourned at 6:29 p.m. ATTEST: Karen Rimmer, City Clerk Published: November 28, 2018 Bruce A. Jones, Mayor