2004 COUNCIL MINUTES

XX1

City council met in regular session on January 6, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen David Tate, Chad Banks, Kathy Gilbert, Harry Horn, Kent Porenta, Steve Shea, Neil Kourbelas, John Cheese and Mayor Tim Kaumo. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson.

Mayor Kaumo asked to amend the revised agenda by adding an additional appointment to the Youth Advisory Committee. Councilman Kourbelas moved to accept the amended agenda including the additional appointment. Seconded by Councilman Porenta. Motion carried unanimously.

Mayor Kaumo thanked council for their hard work and dedication during 2003 and said he looks forward to a new year of prosperity and growth.

Nominations were open for council president for 2004. Councilman Tate nominated Councilman Shea. Councilman Kourbelas nominated Councilman Porenta. Councilman Porenta nominated Councilman Banks. Councilman Cheese nominated Councilman Kourbelas. Following a vote of council, Councilman Shea was elected the new president.

Councilman Banks moved to approve the December 16 minutes. Seconded by Councilmember Gilbert. Motion carried unanimously.

APPOINTMENTS

Council Standing Committees

Mayor Kaumo renewed his 2003 appointments to the council standing committees except that Councilman Tate will replace Councilmember Gilbert on the Christmas Committee. The appointments are as follows:

Streets & Alleys --- Traffic & Parking Control Ward I Ward II Ward III Ward IV Steve Shea Harry Horn Kathy Gilbert David Tate John Cheese Neil Kourbelas Kent Porenta Chad Banks

Budget & Finance John Cheese, Chairman All Councilmembers

Parks & Recreation Municipal Court Committee Garbage Committee Steve Shea, Chairman Harry Horn, Chairman Kent Porenta, Chairman Neil Kourbelas David Tate John Cheese David Tate Neil Kourbelas Steve Shea

Cemetery Visual Improvements Insurance Liaisons John Cheese, Chairman Kathy Gilbert, Chairman David Tate Steve Shea Kent Porenta Neil Kourbelas Neil Kourbelas Harry Horn

Police Committee Fire Committee Water/Sewer Committee Kent Porenta, Chairman John Cheese, Chairman John Cheese, Chairman Kathy Gilbert Chad Banks Steve Shea Chad Banks Kent Porenta Kathy Gilbert

City Buildings Airport Liaison Christmas Committee David Tate, Chairman Kent Porenta David Tate John Cheese Chad Banks

Weed Control Committee Historical Board Liaison Joint Fiber Optic Committee Harry Horn, Chairman Chad Banks Steve Shea Chad Banks Ron Elkin Neil Kourbelas Brad Sarff

Councilmember Gilbert moved to approve the council standing committee appointments. Seconded by Councilman Porenta. Motion carried.

Youth Council

President Shea presented the following mayoral high school student appointments to the Youth Standing Committees:

Parks & Recreation Board Historical Museum Board Improvement Foundation Drew Baker Shanna Barker Katelyn A. Parady Library Board Downtown Advisory Board Community Development Tricia R. Halter Ashlen Nimmo Amber Wilson Community Fine Arts David Nykodym

Councilman Kourbelas moved to approve the youth standing committee appointments. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Cheese, Kourbelas, Tate, Porenta, Horn, Gilbert, Banks, and Shea. Motion carried. President Shea confirmed the appointments.

President Shea presented the following mayoral seventh and eighth grade student appointments for Job Shadowing:

Student Mentor and Position Shadowed Robert Daniel Tabuchi Timothy A. Kaumo, Mayor Kassie Morgan Kent Porenta/Kathy Gilbert, Council Ward 3 Hope Gebes David Tate/Chad Banks, Council Ward 4 Johnathan McBee Neil Kourbelas/Harry Horn, Council Ward 2 Megan Baker John Cheese/Steve Shea, Council Ward I Ashley Wing Vince Crow, City Attorney Greg Canestrini Vess Walker, Public Services Director Victoria (Torie) Allgaier Colleen Peterson, Director of Administrative Services Kelly Marie Gray Dave Silovich, Director of Parks & Recreation Morgan MyChelle Hautala Paul Kauchich, Director of Engineering Jesse Carollo Brad Sarff, Fire Chief Alicia M. Gray Mike Lowell, Police Chief

Councilman Cheese moved to approve the appointments for job shadowing. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilman Horn, Gilbert, Banks, Shea, Cheese, Kourbelas, Tate, and Porenta. Motion carried. President Shea confirmed the appointments.

President Shea presented the following mayoral high school and fifth and sixth grade student appointments to the Youth Advisory Committee:

Aly Mortensen (HS) Danielle J. Thompson (HS) Brittney Crow (HS) Amanda L. Rollin (HS) Nicole Zans (HS) Shawn J. Davis (HS) Kassi Kaumo (5-6) Krysta Kaumo (5-6) Kiera Lane (5-6) Nicole Peterson (5-6) Molley Plemel (5-6) Kylie Philpott (5-6) Mikayla Kathrine Moon (5-6)

Councilman Banks moved to approve the appointments to the Youth Advisory Committee. Seconded by Councilman Cheese. Upon roll call the following voted in favor: Councilmen Porenta, Tate, Kourbelas, Cheese, Shea, Banks, Gilbert, and Horn. Motion

carried. President Shea confirmed the appointments. Mayor Kaumo apprised that each of the 32 applicants was appointed to one of the 35 available positions. He said he hopes to fill the remaining three positions soon and looks forward to working with the students.

PUBLIC HEARINGS

Request to Amend the Rock Springs Master Plan Map by Reclassifying a 10.14 –Acre Parcel from High Intensity Residential (HIR) to Commercial (C) Filed by Red, Inc.

Mayor Kaumo advised that in order to rezone this parcel, the Master Plan must first be amended to conform to the proposed amendment to the zoning map. There were no comments during the public hearing. Councilman Cheese moved to advance the request to Ordinance 2004-01. Seconded by Councilmember Gilbert. Motion carried unanimously.

Request to Amend the Official Zoning Map of the City of Rock Springs by Rezoning a 10.14-Acre Tract of Land from R-5 (High Density Residential) to B-2 (Community Business) Filed by Red, Inc.

There were no comments during the public hearing. Councilmember Gilbert moved to advance the request to Ordinance 2004-02. Seconded by Councilman Cheese. Motion carried unanimously.

Request to Amend the Rock Springs Master Plan Map by Reclassifying a 2.140-Acre Tract of Land from High Intensity Residential (HIR) to Industrial (I) Filed by Hutchinson Oil

Mayor Kaumo announced that Hutchinson Oil has withdrawn their request to amend the Master Plan to allow for storage of diesel fuel products above ground at their Blairtown location. For the record, Mayor Kaumo noted that prior to the withdrawal, a letter of protest was received from Paula Martin, manager of the Lewis Mobile Home Park, 1620 West Second Street, as well as a memo from Fire Chief Sarff stating he has concerns whether the Master Plan amendment meets all conditions required in the four Findings of Fact. Specifically, he opined that a change to allow above-ground fuel storage at the specified Blairtown location presents a potential safety risk to the existing neighborhood. No action was taken on the withdrawn request.

Request to Amend the Official Zoning Map of the City of Rock Springs by Rezoning a 2.140-Acre Tract of Land from R-6 (Manufactured Housing) to I-2 (Heavy Industrial) Filed by Hutchinson Oil

The request was withdrawn by Hutchinson Oil. No action was taken.

PETITIONS

School District No. 1 Request for Property Description

George Lemich, attorney at law, representing Sweetwater County School District No. 1, addressed council regarding Resolution 2004-01 and 2004-02. He said the resolutions relate to a street and alley within property owned by the school district on which Washington School is located. He said original plans to construct Mellor Street and an alley in Block 3 of Pilot Butte Addition never materialized, yet they remain on the official records of the city of Rock Springs as platted public property. He explained that the school district owns the platted property and the land surrounding the platted property, and in an effort to prepare a title and property description that conforms to existing as-built requirements, the school district is asking the city to vacate the street and alley and identify them as property owned by Sweetwater County School District No. 1. He apprised that a utility easement to allow Pacific Power & Light access to a power control vault on this property will be presented to the district’s board of trustees at their January meeting. Mr. Lemich advised that similar requests will be forthcoming on other school property.

Snow Removal in Mobile Home Parks

Councilmember Gilbert spoke on behalf of Jim Beveridge, 1508 Ninth Street, who is seeking a remedy to snow removal in mobile home parks. She explained that because the private streets within the park are not plowed and there are no sidewalks, it is difficult to get around especially for those with disabilities. City attorney Vince Crow stated that the city does not have laws requiring snow removal from private property as it does for walks in front of houses that are public rights-of-way. Mr. Crow said he will research methods to require snow removal on private property as it pertains to public health and safety.

OFFICERS AND STAFF REPORTS

Councilman Cheese moved to accept the Municipal Court Report for October and the Health Insurance Fund Recap for December and place them on file. Seconded by Councilmember Gilbert. Motion carried unanimously.

COUNCIL COMMITTEE AND BOARD REPORTS

Joint Powers Telecommunications Board

Councilman Shea reported that the Joint Powers Telecommunications Board is still looking into alternate forms to finance the fiber project. He said the board will meet with Metronets next week to review options.

Community Assessment Program

Councilman Banks reported that the community assessment results are now available and a few hard copies have been distributed along with e-mailed copies. He said Steve Achter of the Wyoming Business Council will schedule a follow-up visit to review the findings in the report. Mayor Kaumo noted that this report along with the Buxton Study will provide the city with good marketing tools.

CORRESPONDENCE

Councilman Cheese moved to accept the following correspondence and place them on file: 1. a letter from Youth Home, Inc. requesting their budgeted appropriation; 2. a letter from Sadie Adler offering recommendations for teen activities; 3. a letter from Sen. Larry Caller thanking the city for its presentation to the legislative delegation; 4. a letter from Moe Morrow requesting a meeting to discuss ideas for growth; 5. a note from the Rock Springs Chamber of Commerce thanking the city for helping with the Sixth Annual Lighted Holiday Parade; 6. a thank you card from Food Bank of Sweetwater County for employee donations to the Food Bank; 7. a letter from the staff of Sweetwater County Emergency Management offering holiday greetings and updating council on emergency management activities; and 8. a note from Secretary of State Joseph B. Meyer with wishes for a happy new year and productive 2004. Councilman Porenta seconded the motion. Motion carried unanimously.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

A & R $ 581.18 A&G Plumbing 80.00 A-1 Electrical Contractors Inc. 664.96 Adams, Mary 22.00 Advanced Automotive 27.00 Advanced Tele Systems 42.74 American Bankers Assoc 54.00 Apco, Inc. 190.00 Associated Bag Company 458.88

Awards Unlimited 1,138.00 Bauer Nike Hockey USA Inc. 107.52 Brigham, Archie 13.58 Bloedorn Lumber 269.99 Blue Cross-Blue Shield 20,170.47 Bookcliff Sales Inc. 101.70 Brumbach, Stephen 240.00 BSN Sports 287.00 C.E.M. Maintenance 195.11 Campbells Plumbing 379.95 CDW Government, Inc. 198.25 City of Rock Springs 184,863.45 Copier & Supply Co. 4.25 Dave’s Appliance 50.00 Davis Enterprizes 50.00 Daylight Donuts 13.56 Desert Mountain Corp 18,193.56 Dewey, Denise R. 300.00 Dominos 104.85 Dorr-Oliver Eimco USA, Inc. 12.00 Doud BTS 72.82 Electrical Connections 570.49 Electrical Service & Products FLLC 366.59 Engineering Co. 6,000.00 Equifax Credit Information 36.70 Evans, Mike 5.96 Fastenal Company 167.61 Fedex 25.70 Fieseler, Jake 50.00 FNW of Rock Springs 67.41 Force America 268.59 Galls Inc. 63.85 Green River Glass & Lock 246.00 Hach Chemical 833.50 Hall, Ronald A. 300.00 Hensley, Virginia 38.27 High Desert Polaris 24.99 High Plains Construction, Inc. 69,740.10 High Security Lock & Alarm 705.00 Highmark Life Insurance Company 760.35 HTE, Inc. 44,331.00 Human Kinetics Publishers 96.73 HYKO 398.28 Infinity Power & Controls 340.00 JFC Engineers, Architects, Surveyors 10,534.91 Jim’s Upholstery 35.00 Kaman Industrial Technologies 709.92 Kopy Korner 32.67 Korney Board Aids 1,020.00 Kroupa, Tammy 118.51 Lariat Internation Trucks 415.07 Layos Inc. 1,547.18 Leroux 800.00 Lorimer, Kenneth 513.57 Lustre-Cal 399.00 Mail-Well Envelope 959.40 Maric Sales 1,012.79 McLeod USA 698.66 Medco Company 529.87 Memorial Hospital of Swtr. Co. 684.90 Moreno, Sammy 40.00 Moreno, Sammy 10.00 Mountainaire Animal Clinic 30.00 Mountainland Fire Protection 65.00

National Assoc Amusement Ride 360.00 Nautilus/Schwinn Fitness Group 369.61 New Studio 446.94 Newman Signs 609.16 Northwest Scientific 2,209.91 Nu-Tech Specialties 1,625.80 Old Dominion Brush 2,900.32 Pacific Power & Light 32,345.28 Pesticide Applicator Short Course 140.00 Pitney Bowes 2,113.00 Plummer, Deborah 150.00 Postage by Phone 1,350.00 Power Engineering Co. 281.44 Printers’ Alley 159.50 Provet *Kansas City 137.94 Questar Gas 15,603.22 Qwest 4,149.16 Real Kleen Inc. 58.50 Reis Environmental 1,422.00 Rock Springs Chamber of Commerce 50.25 Rock Ssprings Newspapers 6,234.49 Rock Springs Recycling Center 3,750.00 Rock Springs True Value 1,616.86 Rock Springs Windustrial 277.61 Rock Springs Winnelson Co. 4,205.14 Seals, Nick 50.00 Simons Petroleum 33.45 Six States Distributors 81.71 Smiths Division-Kroger co. 76.16 Smyth Printing 526.20 Southwest Counseling Service 87.50 Spa World 56.90 Sportime 362.26 Sterling Communications 447.50 Sweetwater County Health Dept. 132.00 Tabuchi, Doug 25.00 Thatcher Company 1,804.13 The Wyoming Business Report 480.00 Three Sons, Inc. 45,647.71 Tip-Top Cleaners 72.00 Tire Den Inc. 1,046.54 Twirl Jet Spas 289.59 UBTA-UBET Communications 43.55 Unisen, Inc. 284.01 United Parcel Service 50.56 United States Welding Inc. 234.87 Univar USA Inc. 1,063.88 US Postmaster 370.00 Vaughn’s Plumbing 2,859.61 Verizon Wireless 1,949.53 Wallace Computer Services Inc. 135.46 Wardrip, Danny 23.68 Washam, Ellen 159.00 Webb, Regina 150.00 West Group Payment Center 2,830.84 Wilkinson, Charles Jr. 300.00 Williams, Penny 150.00 Wolverine Distributing 23.47 Wy State Historical Society 56.15 Wyo Dept Transportation 68,573.14 Wyoming Com LLC 453.80 Wyoming Law Enf Academy 190.00 Youth Home 8,000.00 Zep Mfg Co. 431.00

2XL Corporation 1,061.91 Total $597,659.63

Report Checks for December 19

Employee Garnishments Employee Deductions 211.00 Internal Revenue Service Electronic Fund Transfer 80,209.28 Swtr. Federal Credit Union Employee Deductions 27,502.28 Wyoming Child Support Child Support Payments 2,668.16 Idaho Child Support Child Support Payments 249.00 Total 110,839.72

December 19 Salaries $327,686.17

Councilman Banks moved to approve the bills and claims for January 6 and the December 19 salaries. Seconded by Councilman Cheese. Motion carried unanimously.

NEW BUSINESS

Councilman Kourbelas moved to approve a request from the Department of Engineering and Operations for permission to call for bids on the 2004 gasoline and diesel fuel contract and the 2004 uniform contract. Seconded by Councilman Tate. Motion carried unanimously.

RESOLUTIONS

Councilman Kourbelas moved to remove Resolution 2003-185 from table. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Shea, Banks, Gilbert, Horn, Porenta, Tate, Kourbelas, Cheese, and Mayor Kaumo. Motion carried. Councilman Kourbelas moved to accept the amendments to Resolution 2003-185. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Cheese, Kourbelas, Tate, Porenta, Horn, Gilbert, Banks, Shea, and Mayor Kaumo. Motion carried. Amended Resolution 2003-185, A RESOLUTION ESTABLISHING A CITY COUNCIL POLICY REGARDING APPROVAL OF CHANGE ORDERS ON MUNICIPAL CONTRACTS, was read by title. Councilman Kourbelas moved to approve amended Resolution 2003-185. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Horn, Gilbert, Banks, Shea, Cheese, Kourbelas, Tate, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-01 A RESOLUTION DECLARING THE INTENTION OF THE MAYOR AND COUNCIL OF THE CITY OF ROCK SPRINGS, WYOMING TO VACATE AN ALLEY IN BLOCK 3, LOCATED IN THE PILOT BUTTE ADDITION TO THE CITY OF ROCK SPRINGS, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-01. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Porenta, Tate, Kourbelas, Cheese, Shea, Banks, Gilbert, Horn, and Mayor Kaumo. Motion carried.

Resolution 2004-02, A RESOLUTION DECLARING THE INTENTION OF THE MAYOR AND COUNCIL OF THE CITY OF ROCK SPRINGS, WYOMING TO VACATE THE MELLOR STREET RIGHT-OF-WAY WITHIN THE CITY OF ROCK SPRINGS, WYOMING, was read by title. Councilman Porenta moved to approve Resolution 2004-02. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Shea, Banks, Gilbert, Horn, Porenta, Tate, Kourbelas, Cheese, and Mayor Kaumo. Motion carried.

Resolution 2004-03, A RESOLUTION ACCEPTING AND APPROVING PAY APPLICATION NO. 5 TO THE AGREEMENT WITH SCI, INC., AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEN A. PETERSON, AS CITY CLERK OF THE CITY

OF ROCK SPRINGS, TO EXECUTE SAID PAY APPLICATION NO. 5 ON BEHALF OF THE CITY, was read by title. Mayor Kaumo noted the change orders attached to the pay application decreased the total costs of the contract. Councilman Kourbelas moved to approve Resolution 2004-03. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Cheese, Kourbelas, Tate, Porenta, Horn, Gilbert, Banks, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-04, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH JACKMAN CONSTRUCTION IN THE AMOUNT OF $70,780, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Cheese moved to approve Resolution 2004-04. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Horn, Gilbert, Banks, Shea, Cheese, Kourbelas, Tate, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-05, A RESOLUTION ACCEPTING AND APPROVING AN ADDENDUM TO THE RESTAURANT LEASE FOR THE WHITE MOUNTAIN GOLF COURSE BETWEEN THE CITY OF ROCK SPRINGS AND MR. C’S INC., AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID ADDENDUM ON BEHALF OF THE CITY, was read by title. Councilman Kourbelas moved to approve Resolution 2004-05. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Tate, Kourbelas, Cheese, Shea, Banks, Gilbert, Horn, and Mayor Kaumo. Motion carried.

Resolution 2004-06, A RESOLUTION ACCEPTING THE ASSESSMENT ROLL FOR THE CITY OF ROCK SPRINGS, WYOMING, SUNSET DRIVE SEWER IMPROVEMENT DISTRICT NO. 127; PROVIDING FOR THE HEARING ON THE ASSESSMENT ROLL; AND DIRECTING THE CITY CLERK-TREASURER TO GIVE NOTICE OF THE TIME AND PLACE OF THE HEARING, BY BOTH PUBLICATION AND MAILING, was read by title. Councilman Porenta moved to approve Resolution 2004-06. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Horn, Gilbert, Banks, Shea, Cheese, Kourbelas, Tate, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-07, A RESOLUTION ACCEPTING AND APPROVING A TEMPORARY PERMIT, ADMINISTERED BY THE WYOMING DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF BLENDING, SLOPING AND GRADING FOR THE ALIGNMENT OF ROAD FOR PROJECT I080-02(173), AND AUTHORIZING TIMOTHY A.KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID PERMIT ON BEHALF OF THE CITY, was read by title. Councilmember Gilbert moved to approve Resolution 2004-07. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Cheese, Kourbelas, Tate, Porenta, Horn, Gilbert, Banks, Shea, and Mayor Kaumo. Motion carried.

ORDINANCES

Ordinance 2003-16, AN ORDINANCE ANNEXING AND INCORPORATING WITHIN THE CITY LIMITS OF THE CITY OF ROCK SPRINGS, WYOMING CERTAIN CONTIGUOUS AND ADJACENT AREAS FULLY HEREINAFTER SET FORTH, AND PROVIDING FOR ZONING DESIGNATIONS, was placed on second reading and read by title.

Ordinance 2004-01, AN ORDINANCE AMENDING AND UPDATING THE 1983 COMPREHENSIVE PLAN OF THE CITY OF ROCK SPRINGS BY REDESIGNATING A 10.14 ACRE TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (NW1/4SE1/4) OF SECTION 27, TOWNSHIP 19 NORTH, RANGE 105 WEST, 6TH PRINCIPAL MERIDIAN, CITY OF ROCK SPRINGS, SWEETWATER COUNTY FROM THE LAND

USE CLASSIFICATION OF HIGH INTENSITY RESIDENTIAL (HIR) TO COMMERCIAL (C), was placed on first reading and read by title.

Ordinance 2004-02, AN ORDINANCE REZONING A PARCEL OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (NW1/4SE1/4) OF SECTION 27, TOWNSHIP 19 NORTH, RANGE 105 WEST, 6TH PRINCIPAL MERIDIAN, CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-5 (HIGH DENSITY RESIDENTIAL) TO THE ZONING DESIGNATION OF B-2 (COMMUNITY BUSINESS, was placed on first reading and read by title.

ANNOUNCEMENT

Mayor Kaumo announced that the city has scheduled a special council meeting for January 12 to take action on a resolution to form a Memorial Hospital of Sweetwater County joint powers board between Sweetwater County, the City of Green River and the City of Rock Springs.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 7:45 p.m.

XX1a

City council met in special session on January 12, 2004 to take action on the formation of a joint powers hospital board. Mayor Kaumo called the meeting to order at 5:00 p.m. Members present included Councilmen Steve Shea, Chad Banks, Kathy Gilbert, Harry Horn, Kent Porenta, Neil Kourbelas, John Cheese and Mayor Tim Kaumo; absent: David Tate. Department heads present included Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, and Colleen Peterson.

RESOLUTIONS

Dave Piaia, attorney for Memorial Hospital of Sweetwater County, apprised that Barbara Bonds, bond counsel with Freudenthal, Salzburg & Bonds, P.C., suggested representation on the joint powers board consist of five independent members. Hence, the commissioners recommend three members be appointed by the commission and one each by the cities of Green River and Rock Springs. It was noted members may be commissioners or mayors themselves or their designees. Mr. Piaia said both Sweetwater County and the city of Green River have approved the 3-1-1 representation.

Resolution 2004-08, A RESOLUTION ACCEPTING AND APPROVING A MEMORIAL HOSPITAL OF SWEETWATER COUNTY JOINT POWERS BOARD, JOINT POWERS AGREEMENT, BETWEEN SWEETWATER COUNTY, WYOMING, THE CITY OF GREEN RIVER, WYOMING AND THE CITY OF ROCK SPRINGS, WYOMING, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilmember Gilbert moved to approve Resolution 2004-08. Seconded by Councilman Horn. Upon roll call the following voted in favor: Councilmen Horn, Gilbert, Banks, Shea, Porenta, Kourbelas, Cheese, and Mayor Kaumo; absent: Councilman Tate. Motion carried.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 5:06 p.m.

XX2

City council met in regular session on January 20, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson.

Councilman Shea moved to approve the amended agenda. Seconded by Councilman Porenta. Motion carried unanimously.

Councilman Cheese moved to approve the January 6 minutes and the January 12 special meeting minutes. Seconded by Councilmember Gilbert. Motion carried unanimously.

APPOINTMENTS

President Shea presented the three-year mayoral appointments of Gene Kent and Terry Marietta to the Planning & Zoning Commission. Councilmember Gilbert moved to approve the appointments. Councilman Tate seconded the motion. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, and Shea. Motion carried.

President Shea presented the three-year mayoral appointments of Lee Hughs and Rich Lyon to the Community Development Committee. Councilman Cheese moved to approve the appointments. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, and Gilbert. Motion carried.

President Shea presented the mayoral three-year appointment of Gene Kent to serve as the Planning & Zoning liaison to the Board of Adjustment. Councilman Banks moved to approve the appointment. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, and Kourbelas. Motion carried.

President Shea presented the one-year mayoral appointments of Christopher Parton and Brittany Boyles to the Youth Advisory Council. Councilman Kourbelas moved to approve the appointments. Seconded by Councilman Cheese. Upon roll call the following voted in favor: Councilmen Shea, Cheese Tate, Kourbelas, Gilbert, Banks, Horn, and Porenta. Motion carried.

President Shea confirmed the appointments. Mayor Kaumo noted that one vacancy still remains on the Youth Council, and he urged interested students to apply for the position.

BID OPENING

Golf Course Pond Bentonite Liner

Wyoming Classics Greybull, WY $65,000.00 DeBernardi Construction Rock Springs 42,547.00

Both bids were accompanied with bid bonds. They were to be reviewed immediately for possible award this evening under Resolution 2004-11.

COMMENDATIONS

Mayor Kaumo presented a 25-year service plaque to Ross Condie, who began working for the city in January, 1978 as a firefighter and transferred to the Parks Department two years ago. Mayor Kaumo thanked him for his dedication over the years. Michael “Scott” Wissel, another 25-year employee, was not present to receive his plaque.

PUBLIC HEARINGS

Amendment to the Budget for Fiscal Year Ending June 30, 2004

There were no comments. Action to follow under Resolution 2004-12.

Intent to Vacate the Mellor Street Right-of-Way

There were no comments. Action to follow under Resolution 2004-13.

Intent to Vacate the Alley in Block 3 of Pilot Butte Addition

There were no comments. Action to follow under Resolution 2004-14

PETITIONS

Greyhound Bus Parking Concerns

Petitioner Lela Harris asked for council’s help in relocating a parking area for Greyhound bus stops. She complained that busses invariably park in front of her barbershop located on a private parking lot. And although she has tried to persuade the lot owners to require the busses to park at the back of the lot, her efforts have failed. She said the bus traffic is not only ruining her business, but passengers leave the lot cluttered with cigarette butts and other trash. They loiter in front of her business and enter her shop looking for restrooms, water, or things to buy. Mayor Kaumo said he will talk to the owners of the lot to see if they can strike a compromise with Greyhound.

Community Development Block Grant Application

Pat Robbins, director of SWEDA, asked council if the city of Rock Springs would act as the pass-through agency for a CDBG grant application to be submitted on behalf of Curley Toth & Sons dba Ratfink Choppers. Ms. Robbins said the family of Ed “Big Daddy” Roth has given Mr. Toth exclusive rights in Wyoming to manufacture customized choppers under the Ratfink name. She said the business currently employs two people in a 1,000 s.f. shop with plans to expand to an 8,000 s.f. shop with five employees. The grant would provide technical assistance for a brochure and web page to market the business.

Ms. Robbins said she will write the grant. The city will be obligated to advertise for and hold a public hearing as well as to receive and disburse funding once the grant is awarded. Councilman Shea moved to approve the request. Seconded by Councilman Porenta. Motion carried unanimously.

OFFICERS AND STAFF REPORTS

Councilman Cheese moved to accept the Municipal Court Report for November, the Animal Control Report for December, the 2003 Animal Control Annual Report, the financial reports for December and the 2003 Fire Department Annual Report. Seconded by Councilmember Gilbert. Motion carried unanimously.

COUNCIL COMMITTEE AND BOARD REPORTS

Tracks Across Wyoming

Councilmember Gilbert reported that Barbara Bogart, director of the Evanston museum and chairperson of Tracks Across Wyoming, is soliciting support of their application for a National Endowment for the Humanities grant to help promote southern Wyoming’s transportation and migration corridor as one of America’s historic places. Their goal is to have new promotional material available by May, 2005. Councilmember Gilbert

said past promotional efforts by Tracks have been received exceptionally well. Mayor Kaumo said he would send a letter of support.

Community Assessment

Councilman Banks reported that the community assessment review will take place on January 27 at Western Wyoming College. At that time issues will be prioritized and city resources evaluated. He requested the public to attend.

Joint Powers Telecommunications Board

Mayor Kaumo apprised that several mayors and state representatives met last week to review budget issues with state Rep. Marty Martin, who will sponsor House Bill 21 in an effort to get more local funding from the state. Mayor Kaumo urged citizens to support the bill by sending letters and emails to their legislators.

CORRESPONDENCE

The following correspondence was received: 1. a letter from Paula Martin, Lewis Mobile Home Park, offering her viewpoint on snow removal from private property; 2. a letter from Dennis O’Farrell explaining his family’s decision regarding commemorations for O’Farrell Park; 3. a letter from the Rock Springs-Sweetwater County Airport requesting their budgeted appropriation for FY2004; and 4. a notice from SWEDA of an informational meeting to discuss a possible solution to the affordable housing shortage. Councilmember Gilbert moved to accept the correspondence. Seconded by Councilman Porenta. Motion carried unanimously.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

A&G Plumbing $ 135.00 A-1 Electrical Contractors Inc. 334.80 Ace Hardware 3,794.94 Adler, Sadie 18.00 Advanced Tele Systems 276.50 Airgas Intermountain 305.97 Albertsons Food Center 287.63 Allen Jr., Gary L. 78.64 Alpine Office Supply 1,299.39 Alpine Property Mgt. 226.00 Alpine Property Mgt. 23.00 Ameri-Tech Equip. Co. 396.76 American Red Cross 60.00 Animal Care Center 35.99 Apco, Inc. 4,707.43 Archibald, Travis 18.00 ASCAP 260.00 Aspen Publishers, Inc. 228.37 Atco International 565.30 Atwood, Frieda 37.00 Auto Parts Unlimited 356.70 Awards Unlimited 100.00 Banjanin & Pryich 44.71 Banks, Chad & Angela 71.68 Bauer Nike Hockey USA Inc. 26.87 Bee, Jared 91.86 Bes Green River 1,445.00 Bicentennial Apt Village 21,274.00 Big W Supplies 797.23 Bluebird Software LLC 500.00 Bodin, William B. & Janell 43.50 Bogatag, Karlee 13.00

Borzea, John 10.31 Borzea, John 10.55 Borzea, John 23.79 Borzea, John 31.18 Borzea, John 30.08 Borzea, John 18.15 Borzea, John C. 18.11 Boschetto Apartments 631.00 Boyle Equipment Company 2,931.52 Brower Investments 48.00 Bunning Transfer Co. 1,200.00 Butler, Jason & April 166.96 C.E.M. Maintenance 331.53 Callas, Michael 213.00 Capital Cleaners 576.00 Casper Star Tribune 436.20 Center Street 66 Service 85.00 Christofferson, Gary & Beverly 31.36 City Auto Sales 1,224.90 City of Green River 1,020.00 Communication System, Inc. 671.94 Copyex LLC 1,633.41 Corporate Express 652.70 Country Club Apartments 457.00 Cross, Kayle 10.62 Crum Electric 1,670.52 Culligan Soft Water Service 79.25 Curley Toth & Sons 233.00 D-Mac Investments 450.00 Dave’s Appliance 196.50 Davidson’s 3,168.70 DeBernardi Construction Co. 47,165.40 Dell Marketing LP 230.00 Dex Media East LLC 71.84 Dial Oil, Inc. 12,631.38 E.A. Sween Co. 66.16 Ecolab 121.06 Electrical Connections 375.10 Elk Mountain Hotel 184.07 Emergency Medical Prod., Inc. 543.48 Environmental Systems Research 2,125.00 Fastenal Company 499.64 FBI/LEEDA 70.00 Fedex 636.58 Ferrero Electric 1,082.50 Firehouse Magazine 78.00 Firemaster Mountain Region 1,020.00 Five Star Towing & Repair 50.00 G&K Services 2,823.80 Garretson Sports 3,254.00 Gibbs, Rich 313.00 Giberson, Harold 110.00 Grand Junction Hsg. Auth. 456.00 Grand Junction Hsg. Auth. 30.89 Grayson Enterprises, Inc. 588.01 Great Western Autoplex 4.65 Great Western Park & Playground 994.00 H&H Plumbing & Heating 105.00 Hafey Properties Ltd. Partnership 211.00 Herd, George 28.11 High Desert Polaris 36.98 High Security Lock & Alarm 182.00 Housing Authority of Salt Lake City 1,263.00 Housing Authority of Salt Lake City 30.88

Howard Supply Co. 335.41 HTE, Inc. 3,117.00 IBM-Maintenance 1,212.20 Imperial Apartment Village 110.00 Imperial Apartment Village 377.00 Imperial Apartment Village 72.00 Inberg-Miller Engineers 958.90 Indo-American Engineering 26,825.30 Intermountain Record Center 182.21 Intl Assoc Chiefs of Police 100.00 Jackman Construction, Inc. 20,453.60 Jim’s Upholstery 45.00 Johnson, Carl 9.93 Joint Powers Water Board 139,313.65 Kappes, Henry 46.97 Kelly’s Convenience Center 25.67 KMER-AM 371.00 Kopy Korner 95.85 KRKK-AM/KQSW FM Radio 2,204.50 Lariat Internation Trucks 58.12 Lay, Walter 211.00 Lee, Frances 4.63 Leibee Precision Machine 25.00 Lundell, Shara 19.00 Lyon Network Services 1,242.50 M & N International 422.96 Macy’s Truck Repair 1,829.34 Majhanovich, Richard 246.00 Mandros Painting Inc. 12,344.11 Masters, Dorothy 800.00 McCurtain Motors 44.68 McFadden Wholesale 5,346.70 Meadow Gold Dairies 281.41 Medtronic Physio Control 40,974.05 Meeks, Yulka 18.00 Meteor Marketing 25.25 Mitchell, Alike 37.00 Modern Marketing 301.69 Morcon Specialty Inc. 549.34 Morgantown National Supply 48.31 Mount Rushmore Broadcasting 370.00 Mountainland Fire Protection 61.90 Napars 60.00 Nautilus/Schwinn Fitness Group 377.47 Nelson Engineering 5,009.24 Newman Signs 637.00 Nicholas & Company Inc. 503.64 Nickel Ridge Portables 237.50 Northern tool & Equipment -94.98 Nu-Tech Specialties 3,212.24 One Call of Wyoming 445.10 Operational Tactics, Inc. 92.95 Pacheco, Natalie 18.00 Pacific Power & Light 47,440.67 Pacific Steel—Recycling 133.00 Paden, Michael 42.00 Peden’s Inc. 1,524.27 Pitts, Gail 415.00 Postmaster 2,183.80 Questar Gas 15,514.53 Questar Infocomm Inc. 125.00 Qwest 1,718.91 R.A.D. Systems 100.00 R.T. Rentals 300.00

Radakovich, Pete 43.25 Real Kleen Inc. 203.54 Red Horse Oil 180.62 Respond First Aid Systems 566.58 Roberts Construction 31.07 Roberts Construction Co. 800.00 Rock Springs Municipal Utilities 23,252.98 Rock Springs True Value 341.33 Rock Springs Windustrial 50.50 Rock Springs Winnelson Co. 5,263.77 Rockhurst College Cont. Ed. 209.78 Rocky Mtn Service Bureau 184.57 Ron’s Ace Rental 1,585.34 Rost, Marlene 11.00 RS Sweetwater County Airport 108,066.75 RSMU 41.40 RSMU 63.94 RSMU 21.85 Sage Publications, Inc. 25.00 SCI, Inc. 165,107.56 Se-Me 289.99 Sears Commercial One 597.31 Secretary of State 50.00 Shadow Mountain Spring Water 134.40 Shantz, Norman 240.00 Sherwin Williams 694.47 Simons Petroleum 3,502.90 Sirchie Laboratories 247.70 Six States Distributors 16.77 Skiles, Stella 37.29 Skyline Property Group, LLC 409.00 Smith Detroit Diesel 894.60 Smith, William T & Mary C 26.15 Sorbet, Joyce .93 Spillman, Bill or Teri 50.84 Sports Turf Managers Assoc 240.00 Staks 334.00 Standard Batteries of SLC 56.40 Star Transit 490.00 Sterling Communications 682.00 Sterling Trucks of Utah 62.27 Strategic Supply 732.56 Sunrise Engineering, Inc. 4,304.67 Superior Lumber Co. 637.88 Sweetwater Community Nursing 1,905.00 Sweetwater Co. Health Dept. 96.00 Sweetwater County Treas. 548.92 Sweetwater Ford 127.87 Sweetwater Heights 174.00 Sweetwater Heights 286.00 Sweetwater Heights 302.00 Sweetwater TV Co. Inc. 134.95 The Network 1,798.50 Three Sons, Inc. 3,741.66 Tong, Lori 27.00 Trans Equip & Supply 26.00 Trujillo, Tony J. 11.07 Trujillo, Tony J & L 11.36 Turf Equipment and Irrigation 377.09 Uhrig, Nikala 13.00 Uinta Engineering and Survey 12,636.05 Union Pacific Railroad 100.00 Union Telephone 29.80 United Parcel Service 100.32

United States Welding Inc. 17.57 Univar USA Inc. 1,362.60 Vaughn’s Plumbing 5,348.00 Walmart Community Brc 2,941.65 Webb, Lesa 13.00 Webb, Tina 18.00 Wells Fargo Remittance Center 810.65 West Group Payment Center 304.00 Western Municipal Construction 90,880.50 Western Wyoming Beverage 237.00 Wilkinson, Kimberly 25.00 WWQ & PCA 400.00 Wylie Construction Inc. 106.60 Wyo Assn of Municipalities 540.00 Wyo Dept of Revenue & Tax 436.14 Wyoming Taxpayers Assoc 50.00 Wyoming Waste Systems 2,070.80 Wyoming Water Association 300.00 Wyoming Work Warehouse 174.32 Zep Mfg Co. 321.25 Total $924,195.23

Report Checks for January

AFLAC Insurance Employee Premiums $1,728.02 Highmark Life & Casualty Employee Premiums 1,369.60 Equitable Life Employee Deferred 618.00 ICMA Retirement Corp Employee Deferred 7,420.99 Great-West Life & Annuity Employee Deferred 1,471.00 AFSCME Local #1004 Employee Dues 24.15 Colonial Life & Accident Employee Premiums 88.72 Wyo Child Support Enf. Child Support Payments 3,468.16 State of Idaho Child Support Child Support Payments 249.00 RS Firefighter Assn #1499 Employee Dues 1,140.00 Clerk of Circuit Court Employee Garnishments 195.63 RS City Treasurer Employee BCBS Reimbursement 17,205.22 Wyoming Retirement System Group Life Employee Deductions 801.00 New York Life Ins. Employee Premiums 86.46 RS Police Protective Assoc Employee Dues 228.00 UMWA/OAW Local #4893 Employee Dues 991.68 United Way of Swtr. Co. Employee Deductions 950.70 Wyo Retirement System Fire Benefit City/Emply 26,344.07 Wyo Workers Comp Employee Benefits 16,134.55 Wyo Workers Comp Work Restitution Workers 34.04 Wyo Retirement System Employee Benefits 51,452.50 Wyo Retirement System Law Enforcement 39,372.66 Sweetwater Fed Credit Union Employee Deductions 50,598.53 Internal Revenue Service Electronic Fund Transfer 126,368.62 Total $348,341.30

January 5 Salaries $590,077.79

Councilman Cheese moved to approve the bills and claims for January 20 and the January 5 salaries. Seconded by Councilman Banks. Motion carried unanimously.

NEW BUSINESS

Councilman Kourbelas moved to approve the following Parks and Recreation Department requests: 1. to apply for an Urban and Community Forestry cost-share grant offered through the Office of State Lands and Investments; and 2. to bid on roof replacement at the family recreation center. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Porenta moved to approve a request from the Department of Engineering and Operations to call for bids on: 1. the 2004 concrete replacement Phase II project; 2. the 2004 crack sealing Phase I project; and 3. the 2004 street overlay project. Seconded by discussion when Councilmember Gilbert requested a list of streets to be overlaid. Motion carried unanimously.

Councilmember Gilbert moved to approve a request from the Amateur Hockey Association, Senior Division, for a malt beverage permit for the annual Budweiser Invitational Hockey Tournament on February 27, 28 and 29 at the recreation center. Seconded by Councilman Porenta. Motion carried unanimously.

Councilman Kourbelas moved to approve a request for a malt beverage permit from Black Rock, Inc. for a Rocks Boxing exhibition at the events complex on January 31. Seconded by Councilmember Gilbert. Motion carried unanimously.

RESOLUTIONS

Resolution 2004-09, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE AN ACCOUNT AGREEMENT WITH THE BANK OF COMMERCE, A FEDERALLY INSURED DEPOSITORY, AND THREE SONS, LLC. OF HANNA, WYOMING, was read by title. Councilman Kouerbelas moved to approve Resolution 2004-09. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Housing Resolution 2004-10, A RESOLUTION AUTHORIZING TIMOTHY A. KAUMO, ACTING IN HIS CAPACITY AS CHAIRMAN OF THE BOARD FOR THE ROCK SPRINGS HOUSING AUTHORITY, TO ACCEPT A CAPITAL FUND PROGRAM AMENDMENT FOR THE FISCAL YEAR 2003 FOR THE PRUPOSE OF RECEIVING THE BALANCE OF 2003 CAPITAL FUNDS IN THE AMOUNT OF $37,471.00 AND AUTHORIZING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO EXECUTE THE CAPITAL FUND PROGRAM AMENDMENT, was read by title. Councilman Porenta moved to approve Resolution 2004-10. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-11, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH DEBERNARDI CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $42,547.00, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Kourbelas questioned whether enough time was spent in reviewing the bids that were opened this evening. City engineer Paul Kauchich assured him that the scope of the project is not complex. It basically requires dirt work modifications and installation of a new liner. Director of Parks and Recreation Dave Silovich advised that this contract expenditure will require a budget transfer of $15,000. Councilman Horn moved to approve Resolution 2004- 11. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-12, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO ACCEPT AND APPROVE A BUDGET REVISION TO THE BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2004, was read by title. Councilman Kourbelas moved to approve Resolution 2004-12. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-13, A RESOLUTION TO VACATE AND TRANSFER BY QUITCLAIM DEED THE MELLOR STREET RIGHT-OF-WAY WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-13. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-14, A RESOLUTION TO VACATE AND TRANSFER BY QUITCLAIM DEED THE ALLEY IN BLOCK 3 AS SHOWN ON THE PLAT FOR THE PILOT BUTTE ADDITION, WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilmember Gilbert moved to approve Resolution 2004-14. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-15, A RESOLUTION ACCEPTING AND APPROVING A LEASE AGREEMENT WITH THE CHILDREN’S DISCOVERY FOUNDATION, A NON-PROFIT ORGANIZATION, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilman Cheese moved to approve Resolution 2004-15. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-16, A RESOLUTION AUTHORIZING THE CITY OF ROCK SPRINGS, ROCK SPRINGS POLICE DEPARTMENT, TO MAKE APPLICATION TO THE BUREAU OF JUSTICE ASSISTANCE FOR THE BULLETPROOF VEST PROGRAM GRANT, was read by title. Councilman Kourbelas moved to approve Resolution 2004-16. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-17, A RESOLUTION ACCEPTING AND APPROVING AN ADDENDUM TO THE 2003-2004 COLLECTIVE LABOR AGREEMENT BETWEEN THE CITY OF ROCK SPRINGS AND THE FIREFIGHTERS LOCAL 1499, I.A.F.F., AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, TO EXECUTE SAID ADDENDUM ON BEHALF OF THE CITY, was read by title. Councilman Cheese moved to approve Resolution 2004-17. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-18, A RESOLUTION ACCEPTING AND APPROVING AN AMENDED PROMISSORY NOTE WITH THE WYOMING STATE LOAN AND INVESTMENT BOARD, was read by title. Councilman Porenta moved to approve Resolution 2004-18. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Mayor Kaumo excused himself from the council chambers during action on Resolution 2004-19 and 2004-20 because of a conflict of interest.

Resolution 2004-19, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF RIMROCK WEST ADDITION, PHASE 4, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY RIMROCK WEST, LLC, COVERING A 2.56-ACRE TRACT OF LAND SITUATED IN FEDERAL LOT 30 OF SECTION 28, RESURVEY OF TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas moved

to approve Resolution 2004-19. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, and Porenta; absent: Mayor Kaumo. Motion carried.

Resolution 2004-20, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF CHURCHILL SUBDIVISION, A RESUBDIVISION OF LOT 10 AND PORTION OF LOT 11 OF THE GATEWAY COMPLEX SUBDIVISION, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY GATEWAY, INC., COVERING A 4.036 ACRE TRACT OF LAND SITUATED IN SECTION 34, RESURVEY OF TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Banks moved to approve Resolution 2004-20. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, and Shea; absent: Mayor Kaumo. Motion carried. ORDINANCES

Ordinance 2003-16, AN ORDINANCE ANNEXING AND INCORPORATING WITHIN THE CITY LIMITS OF THE CITY OF ROCK SPRINGS, WYOMING CERTAIN CONTIGUOUS AND ADJACENT AREAS FULLY HEREINAFTER SET FORTH, AND PROVIDING FOR ZONING DESIGNATIONS, was placed on third reading and read by title. Councilman Porenta moved to approve Ordinance 2003-16. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Ordinance 2004-01, AN ORDINANCE AMENDING AND UPDATING THE 1983 COMPREHENSIVE PLAN OF THE CITY OF ROCK SPRINGS BY REDESIGNATING A 10.14 ACRE TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (NW1/4SE1/4) OF SECTION 27, TOWNSHIP 19 NORTH, RANGE 105 WEST, 6TH PRINCIPAL MERIDIAN, CITY OF ROCK SPRINGS, SWEETWATER COUNTY FROM THE LAND USE CLASSIFICATION OF HIGH INTENSITY RESIDENTIAL (HIR) TO COMMERCIAL (C), was placed on second reading and read by title.

Ordinance 2004-02, AN ORDINANCE REZONING A PARCEL OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (NW1/4SE1/4) OF SECTION 27, TOWNSHIP 19 NORTH, RANGE 105 WEST, 6TH PRINCIPAL MERIDIAN, CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-5 (HIGH DENSITY RESIDENTIAL) TO THE ZONING DESIGNATION OF B-2 (COMMUNITY BUSINESS, was placed on second reading and read by title.

ANNOUNCEMENTS

A special workshop of the city council and the Planning & Zoning Commission is scheduled for January 27 at 5:30 p.m. to discuss impact fees and grant applications.

The community assessment review is scheduled for January 27 at 7:00 p.m. at the Western Wyoming College atrium

EXECUTIVE SESSION

At 7:021 p.m. council adjourned to executive session to discuss potential litigation. At 8:40 p.m. council reconvened. There was no action.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 8:40 p.m.

XX3

City council met in regular session on February 3, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve Shea, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo; absent: Councilman John Cheese. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, and Colleen Peterson.

A moment of silence was observed for Keith Hodges, a Green River councilman, who was fatally injured in an industrial accident this week.

Councilman Porenta moved to accept the amended agenda. Seconded by Councilman Tate. Motion carried unanimously.

Councilman Horn corrected the January 20 minutes to show the time council adjourned to executive session as 8:02 p.m.1 He then moved to approve the January 20 minutes as amended. Seconded by Councilmember Gilbert. Motion carried unanimously.

APPOINTMENTS:

President Shea submitted the mayoral appointment of Harry Horn to serve on the Memorial Hospital of Sweetwater County Joint Powers Board. Councilman Tate moved to approve the appointment. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Porenta, Banks, Gilbert, Kourbelas, Tate, and Shea: abstained: Councilman Horn; absent: Councilman Cheese. Motion carried. President Shea confirmed the appointment.

COMMENDATION

Mayor Kaumo presented a service plaque to Scott Wissel, captain of the Rock Springs Fire Department, for his 25 years of service. He thanked him for his dedication to the city.

BID OPENINGS

2004 Uniform Bid

Company Location Weekly Bid Alsco (American Linen) Ogden, UT $645.80 G & K Services Salt Lake City 740.37

PRESENTATION

Sweetwater Economic Development Association

Pat Robbins, director of SWEDA, updated council on the association’s activities. She said last month the association sponsored a booth at a trade show in southern California for the purpose of attracting businesses interested in relocating following the downturn in the California economy. She said eight companies expressed interest in possibly relocating to Wyoming. She noted the state’s tax structure was the main interest of those who stopped by the booth.

Ms. Robbins said a distribution and warehousing business is considering relocating in either Sweetwater County or Cheyenne within 60 days. In addition, she said service companies to the natural gas industry have expressed interest in relocating to Sweetwater County. In particular one from within the state and two from the gulf coast.

She said SWEDA is in the process of conducting a survey to determine the needs of existing companies. She said the real issue is a lack of employees and affordable housing.

She noted that Stansbury Mine continues to seek equity investors. Councilmember Gilbert asked whether Bridger Coal’s plans for underground mining will require additional employees. Ms. Robbins responded that she was uncertain, but will research her inquiry. Councilman Porenta questioned how the proposal from Quest to charge an additional $1.32 per phone per household to provide free long-distance phone calls between Rock Springs and Green River is being received. Councilmember Gilbert said that straw polls will be conducted to get a feeling for what the public wants followed by meetings at senior citizen centers in both cities. Councilman Shea encouraged the public to support this business- friendly effort.

PUBLIC HEARINGS

Preliminary Development Plan for Gases Plus Subdivision as a Subdivision in the City of Rock Springs Submitted by Real Estate Plus, LLC

There were no comments. Action to be taken under Resolution 2004-21.

Objections to the Assessment Roll for Sunset Drive Sewer Improvement District No. 127

There were no comments. Action to be taken under Ordinance 2004-03.

Amendment to the Budget for Fiscal Year Ending June 30, 2004

There were no comments. Action to be taken under Resolution 2004-22.

PETITIONS

JAIBG Grant Request

Michael Wilder, project director of Sweetwater County Department of Juvenile Probation, requested matching funds from the city to apply for a Juvenile Accountability Incentive Block Grant to help pay for an existing electronic monitoring program. He said the city’s match for this $52,000 grant would be $2,555. Action to be taken under Resolution 2004-24.

There were no other petitioners.

OFFICERS AND STAFF REPORTS

Councilman Horn moved to accept the Nuisance Violation Quarterly Report for the period ending December 31, 2003 and to place it on file. Seconded by Councilman Kourbelas. Motion carried.

COUNCIL COMMITTEE AND BOARD REPORTS

Joint Powers Telecommunications Board

Councilman Shea reported that the Joint Powers Telecommunications Board met on January 27. The attorneys for both cities and for the Board are working on an agreement between the cities as well as on support resolutions. Green River’s resolution will provide for a $3.65 million backstop and Rock Springs’ will be for support of the project only with no funding. Councilman Shea said he hopes council will support the resolution to allow the board to go forward with the fiber project and to commit to subscribing to services when they are offered.

Handicapped Parking Space on Pilot Butte Avenue

Councilmember Gilbert, on behalf of Team Cutters, a new business on Pilot Butte Avenue, asked for a handicapped parking space in front of their business. City engineer Paul

Kauchich said he sees no problem with the request since there are no handicapped spaces on that end of Pilot Butte. He recommended approval of the request.

CORRESPONDENCE

Councilmember Gilbert moved to accept the following correspondence: 1. a letter from R.S. Chamber of Commerce soliciting ideas and suggestions for the chamber’s programs; 2. a notice from White Mountain Mall notifying the city of the Community Awareness Fair; 3. a letter from the Good Neighbor Day Foundation thanking the city for proclaiming Good Neighbor Day; 4. a letter from the U.S. Department of the Interior notifying the city of the department’s sale of property to PacifiCorp; 5. a notice from United Way announcing their 25th annual awards and recognition event; 6. an invitation from Southwest Wyoming Resource Rendezvous to participate in the 2004 Southwest Wyoming Resource Rendezvous; 7. a letter from the city of Green River thanking Dave Silovich and Mike Evans for their assistance at the Green River Parks & Recreation Department Smash & Splash racquetball tournament; and 8. a letter from the Office of State Lands and Investments setting a date for emergency Mineral Royalty grant requests. The motion was seconded by Councilman Porenta. Motion carried unanimously.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

A Pleasant Construction $ 60,241.41 A&G Plumbing 487.00 Airgas Intermountain 457.76 Ameri-Tech Equip. Co. 98.82 American LaFrance 410.00 American 3B Scientific 114.35 Atco International 228.75 Bakka, Inc. 443.67 Bauer Nike Hockey USA Inc. 266.73 Big Nickel 250.25 Blue Cross-Blue Shield 20,195.50 Body Fit 1,075.00 Brower Investments 448.00 C.E.M. Maintenance 72.55 Campbell, Robert 525.00 City of Rock Springs 183,502.33 Copier & Supply Co. 65.00 CPS Distributors Inc. 742.08 Crider, Duane 359.00 Crum Electric 830.71 DeBernardi Construction Co. 43,527.74 Dell Marketing LP 2,449.14 Dewey, Denise R. 380.00 Digital Select 89.97 Dominos 69.90 Easton Sports Inc. 1,694.51 Elsevier Health Science 4,899.66 Equifax Credit Information 5.00 Fedex 48.28 Ferrero Electric 971.00 Fieseler, Jake 50.00 Fire Service Testing Co., Inc. 320.00 Five Star Towing & Repair 125.00 Force America 65.39 Galls Inc. 126.98 Gateway Companies Inc. 75.00 Griffith, Lynette 136.60 Hall, Ron 360.00 Highmark Life Insurance Co. 761.58 Homax Oil Sales, Inc. 263.45

Insulation Inc. 395.63 Jack’s Truck & Equipment 378.15 JB’s Restaurant 200.00 JFC Engineers, Architects, Surveyors 9,691.60 Jim’s Upholstery 160.00 Kopy Korner 71.56 Lathrop Feed & Equipment 2,460.57 Layos Inc. 10,427.77 Lison, Lisa 159.28 Lyon Network Services 1,470.00 Mac Tools Distributor 159.99 Mail-Well Envelope 2,735.20 Maska US Inc. 928.60 McDonald, Dierdre 200.00 Mckeever, Tiffany 40.00 Mckeever, Tiffany 10.00 McLeod USA 712.60 Memorial Hospital of Swtr. Co. 50.00 Mountain Mapping & Supply 127.50 Mountainaire Animal Clinic 30.00 Nasco Modesto 69.18 New Studio 129.18 Nickel Ridge Portables 1,227.50 Nu-Life Glass & Home 214.80 Olson, Amber 346.01 Orlie’s Refrigeration & Htg. 45.00 Outlaw Services 1.89 Pacific Power & Light 15,413.93 Pandalis, John 246.00 Peden’s Inc. 1,084.65 Performance Supply 1,470.00 Phone Directories Company 96.00 Plummer, Deborah 150.00 Postage by Phone 2,200.00 Power Engineering Co. 348.66 Power Systems, Inc. 114.21 Questar Gas 20,849.44 Qwest 5,355.01 Radioshack Corporation 136.73 Ray Allen Mfg Co., Inc. 164.95 Real Kleen Inc. 157.68 Robin Burns Enterprises, Inc. 468.71 Rock Springs Hide & Fur 327.85 Rock Springs Natl Bank 53.00 Rock Springs Newspapers 5,616.31 Rock Springs Recycling Center 3,750.00 Rock Springs True Value 384.43 Rocky Mtn Hazardous Material 150.00 Rocky Mtn Svc. Bureau 25.50 Schaeffer’s Mfg Company 900.41 Seals, Nick 50.00 Sears, Roebuck & Co. 57.61 Secretary of State 180.00 Securetec, Inc. 267.55 Sirchie Laboratories 235.88 Smith Detroit Diesel 2.18 Spa World 56.90 State of Wyoming 56.00 Sunrise Engineering Inc. 6,008.82 Sweetwater County 4,553.00 Sweetwater County Health Dept. 48.00 Sweetwater TV Co. Inc. 12.50 Tabuchi, Doug 50.00 Tegeler & Associates 515.00

Thatcher Company 988.70 The Original Ballbag 249.00 The Wyoming Business Report 480.00 Three Sons, Inc. 93,820.84 Tom’s Wyoming Glass 225.00 Trujillo, Tony J. 20.37 Trujillo, Tony J & L 22.31 U.S. Tech 1,292.49 UBTA-UBET Communications 72.36 United Parcel Service 60.40 United Service and Sales 156.35 United States Golf Association 100.00 United States Welding Inc. 33.34 Vaughn’s Plumbing 6,304.57 Verizon Wireless 1,916.87 Walmart Community Brc. 1,973.82 Webb, Regina 150.00 Wells Fargo Card Services Inc. 2,846.22 West Group Payment Center 1,057.34 Wilkinson, Charles Jr. 380.00 Williams, Penny 150.00 Wyo Dept. Transportation 73,343.05 Wyoming Com LLC 570.75 Total $617,445.81

Report Checks for January 20

Employee Garnishments Employee Deductions $ 211.00 Internal Revenue Service Electronic Fund Transfer 82,827.32 Swtr. Fed. Credit Union Employee Deductions 28,346.95 Wyoming Child Support Child Support Payments 2,668.16 Idaho Child Support Child Support Payments 249.00 Total $114,302.43

January 20 Salaries $334,950.75

Councilman Tate moved to approve the bills and claims for February 3 and the January 20 salaries. Seconded by Councilman Shea. Motion carried unanimously.

UNFINISHED BUSINESS

Councilman Horn asked the status of the Bitter Creek clean-up project since it was earlier established that the best time to do the cleaning is when the water is frozen. Mayor Kaumo explained that the project is held up pending approval by the conservation district.

NEW BUSINESS

Councilman Shea moved to approve a request from the Department of Public Services to bid design upgrades to the aeration system in the oxidation basins at the wastewater treatment plant. Seconded by Councilmember Gilbert. Motion carried unanimously.

RESOLUTIONS

Mayor Kaumo left the council chambers during action on Resolution 2004-21 because of a conflict of interest. Resolution 2004-21, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY DEVELOPMENT PLAN OF GASES PLUS SUBDIVISION AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY REAL ESTATE PLUS, LLC., AND COVERING A 5.241-ACRE TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER (NW ¼) OF SECTION 26, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK

SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-21. Seconded by Councilman Porenta. Councilmember Gilbert asked if the oil contamination at this old highway department site will be cleaned before the new business can move in. Director of public services Vess Walker said that the ground has been blacktopped. Fire Chief Brad Sarff noted that, as far as he knows, the new owners do not plan additional development, therefore, the facility is acceptable for their purposes. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Shea, Porenta, Horn, Banks, and Gilbert; absent: Mayor Kaumo and Councilman Cheese. Motion carried.

Resolution 2004-22, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO ACCEPT AND APPROVE A BUDGET REVISION TO THE BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2004, was read by title. Councilman Banks moved to approve Resolution 2004-22. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Tate, Kourbelas, and Mayor Kaumo; absent: Councilman Cheese. Motion carried.

Resolution 2004-23, A RESOLUTION AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, TO EXECUTE AN AGREEMENT FOR DISBURSEMENT, RECEIPT AND USE OF GRANT FUNDS WITH THE SWEETWATER COUNTY JOINT TRAVEL AND TOURISM BOARD, was read by title. Councilman Porenta moved to approve Resolution 2004-23. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Shea, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo; absent: Councilman Cheese. Motion carried.

Resolution 2004-24, WHEREAS, CONGRESS HAS AUTHORIZED THE ATTORNEY GENERAL TO PROVIDE GRANTS UNDER THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) PROGRAM FOR USE BY THE STATES AND UNITS OF LOCAL GOVERNMENT TO PROMOTE GREATER ACCOUNTABILITY IN THE JUVENILE JUSTICE SYSTEM, was read by title. Councilman Kourbelas moved to approve Resolution 2004-24. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Shea, and Kaumo; absent: Councilman Cheese. Motion carried.

ORDINANCES

Ordinance 2004-01, AN ORDINANCE AMENDING AND UPDATING THE 1983 COMPREHENSIVE PLAN OF THE CITY OF ROCK SPRINGS BY REDESIGNATING A 10.14-ACRE TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (NW 1/4SE1/4) OF SECTION 27, TOWNSHIP 19 NORTH, RANGE 105 WEST, 6TH PRINCIPAL MERIDIAN, CITY OF ROCK SPRINGS, SWEETWATER COUNTY FROM THE LAND USE CLASSIFICATION OF HIGH INTENSITY RESIDENTIAL (HIR) TO COMMERCIAL (C), was read by title. Councilman Kourbelas moved to approve Ordinance 2004-01. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo; absent: Councilman Cheese. Motion carried.

Ordinance 2004-02, AN ORDINANCE REZONING A PARCEL OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (NW1/4SE1/4) OF SECTION 27, TOWNSHIP 19 NORTH, RANGE 105 WEST, 6TH PRINCIPAL MERIDIAN, CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-5 (HIGH DENSITY RESIDENTIAL ZONE) TO THE ZONING DESIGNATION OF B-2 (COMMUNITY BUSINESS ZONE), was read by title. Councilman Porenta moved to approve Ordinance

2004-02. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Tate, Kourbelas, and Mayor Kaumo; absent: Councilman Cheese. Motion carried.

Ordinance 2004-03, AN ORDINANCE CONFIRMING THE ASSESSMENT ROLL FOR THE CITY OF ROCK SPRINGS, WYOMING, SUNSET DRIVE SEWER IMPROVEMENT DISTRICT NO. 127; ASSESSING THE COST OF CONSTRUCTION OF THE IMPROVEMENTS AGAINST THE LOTS AND PARCELS OF LAND INCLUDED WITHIN THE DISTRICT; PRESCRIBING THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESSMENTS; PROVIDING FOR THE NOTICE OF PAYMENT OF ASSESSMENTS; AND DECLARING AN EMERGENCY, was read by title. Councilman Kourbelas moved to suspend the rules and place Ordinance 2004-03 on emergency third reading. Seconded by Councilman Tate. Motion carried unanimously. Councilman Kourbelas moved to approve Ordinance 2004-03. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Shea, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo; absent: Councilman Cheese. Motion carried.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 7:39 p.m.

XX3a

City council met in special session on February 10, 2004. Mayor Kaumo called the meeting to order at 5:15 p.m. Members present included Councilmen John Cheese, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo; absent: David Tate, Neil Kourbelas and Steve Shea. Director of Administrative Services Colleen Peterson was also present. The meeting was called to take action on a request for a malt beverage permit.

NEW BUSINESS

Councilman Horn moved to approve a request from the Sweetwater County Child Developmental Center for a malt beverage permit for the Tenth Annual Sweetheart Car Show and Brewfest at the events complex on February 14. Seconded by Councilmember Gilbert. Motion carried unanimously.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 5:17 p.m.

XX4

City council met in regular session on February 17, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Paul Kauchich, Dave Silovich and Colleen Peterson. Members of Boy Scouts Troop 4 presented the flag.

Mayor Kaumo offered condolences to Councilman Tate on the death of his grandmother, Charlotte Tate.

Mayor Kaumo recognized members of the Leadership Wyoming class in attendance at the meeting. Also, department heads and council members introduced their student shadows whom they will be advising throughout the year. The students present at this

meeting were: Alicia Gray, Greg Canestrini, Kelly Gray, Torie Allgaier, Chris Parton, Jonathan McBee, Robert Tabuchi, Megan Baker, and Brittany Boyles. Their youth mentor is assistant city attorney Cliff Boevers.

Councilman Banks moved to approve the amended agenda. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Cheese moved to approve the February 3 minutes and the February 10 special meeting minutes. Seconded by Councilman Porenta. Motion carried unanimously.

BID OPENINGS

Family Recreation Center Roof Replacement

Big Horn Roofing, Inc. Laramie, WY $252,200 Frontier Roofing Inc. Mountain View, WY 259,000 Utah Western Roofing LLC Bountiful, UT 259,247

Clark Addition Improvements

DeBernardi Construction Rock Springs $2,394,401.57 High Plains Construction Mills, WY 2,399,262.10 Three Sons, LLC Hanna, WY 2,700,763.00 HK Contractors, Inc. Idaho Falls, ID 2,762,849.74

All bids were accompanied with bid bonds. They were referred to the Engineering Department for review and recommendation at a future council meeting.

COMMENDATION

The Police Department employees of the quarter scheduled to receive certificates were not able to attend the meeting.

Mayor Kaumo presented certificates of appreciation to the following groups who generously support the coat bank: East Jr. High Student Council and Builder’s Club, Western Wyoming Community College Associated Student Government, Holy Spirit Christian Foundation, Radio Network, Rock Springs Girl Scouts, Eagle Uniform, and Overland Elementary School. Mayor Kaumo also recognized members of the Resident Council and Rock Springs Housing Authority John Sanchez, Dora Holbert, June Schumacher, and Hollie Atwood, for coordinating and organizing the distribution of coats and cold weather accessories.

PRESENTATION

Rock Springs Chamber of Commerce members, Dave Hanks, CEO; Jerry Taylor, president of the board; Hollie Dabb, Economic Environment Committee chair; and Mark Ayan of the Wyoming Department of Transportation, presented Phase I of the Rock Springs Interchange Enhancement program that has been in the planning stages for the past five years. Construction of the first two phases will begin in April with final completion slated for 2007. The completed project will incorporate visual enhancements, create a positive impression, arouse traveler curiosity, promote economic development, provide a safe and low maintenance enhancement, and produce a unified visual approach to the city. Mrs. Dabb explained that each of the interchanges will carry a theme: College Hill— paleontology and natural history; Elk Street—wildlife; Dewar Drive—international cross roads; and Pilot Butte—industry. The initial construction will be funded through two $250,000 grants from WYDOT—one for the College Drive interchange and one for the Elk Street interchange. Grant applications will also be submitted for the next phase. Along with terraced landscaping, Mr. Ayan said unique bridge structures will be an interesting feature. Mayor Kaumo thanked the group for their tireless efforts.

PUBLIC HEARINGS

Proposed Application for a Business Ready Community Grant Application for Gateway Boulevard Extension

There were no comments. Action to be taken under Resolution 2004-31.

Community Development Block Technical Assistance Grant Application to the Wyoming Business Council Submitted by Curley Toth & Sons dba Rat Fink Choppers

There were no comments. Action to be taken under Resolution 2004-30.

Proposed Trade of Real Property Owned by the City in Exchange for Property Owned by James E. and Julie V. Lever

There were no comments. A resolution will be available at the next council meeting.

Renewal of Applications for Microbrewery, Winery, Restaurant, Retail, Limited and Resort Liquor Licenses

There were no comments. Councilmember Gilbert moved to accept the liquor license renewals. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

PETITIONS

Geoff Peterson, director of the Actors Mission, 627 Pilot Butte Avenue, appealed to council for a $500 contribution to help defray advertising expenses for the theatre’s next production, “The Hairy Ape,” scheduled for March 5-6 and 12-13. The troupe had not planned to seek city funding, but because of a recent burglary, they were left with no surplus funds for advertising. City attorney Vince Crow explained that because the production includes a free soup kitchen, the city is allowed to help with funding. Jerry Taylor, a member of the Joint Travel & Tourism Board, recommended the request be forwarded to the board since they disburse funds for qualifying advertising. Councilman Tate moved to grant the Actors’ Mission $500 to be reimbursed to the city by JT&T if the request is approved by their board. Seconded by Councilman Banks. Motion carried unanimously.

OFFICERS AND STAFF REPORTS

Councilmember Gilbert moved to approve the Animal Control Report for January, the health insurance fund recap for January, and the financial reports for January. Seconded by Councilman Shea. Motion carried unanimously.

COUNCIL COMMITTEE AND BOARD REPORTS

Joint Powers Telecommunications Board

Councilman Shea reported the Joint Powers Telecommunications Board continues to work with their attorneys on the joint powers agreement. They are also working with the county sheriff to extend fiber from the Rock Springs and Green River city halls to the sheriff’s office on C Street.

Snow Removal

Councilman Porenta thanked city engineer Paul Kauchich and the street crews for the excellent job they are doing in removing snow.

Proposed House Bills

Mayor Kaumo informed council proposed House Bill 21 that would have allocated a portion of the $1.2 billion state surplus to local governments was defeated in the House; however, House Bill 201, sponsored by Speaker of the House Fred Parady, moves to second reading in the House later this week. Mayor Kaumo stated that HB201 likewise affords funding to local governments, but in lesser amounts than was proposed by HB21. He said he suggested an amendment to HB201 that will move the payout from late next year to October, 2004. That amendment was accepted. If adopted, the bill will eliminate the cap on local government mineral revenue caps for the next four years thereby allowing city revenues from mineral royalties to move proportionally with state revenues. He said Rock Springs will receive about $2 million if the bill passes. He noted another bill of interest is House Bill 60 that will extend air service.

CORRESPONDENCE

The following correspondence was received: 1. thank you notes from Mollie Smith for ice removal on McKinley Avenue, from the family of Keith Hodges, and from Tracks Across Wyoming for the city’s support for a grant application to the National Endowment for the Humanities; 2. a letter from the Rock Springs High School 2004 Senior Class for a donation to the all night party; 3. a letter from the U.S. Department of the Interior, BLM, notifying the city of GeoTir Corp.’s intent to conduct a 3D geophysical project on public lands in Sweetwater County; 4. a letter from the Wyoming Department of Family Services requesting the city to nominate two individuals to train for the Wyoming Parenting Initiative Program; and 5. a notice from the Sweetwater County Commissioners regarding a jail task force meeting. Councilman Porenta moved to accept the correspondence. Seconded by Councilmember Gilbert. Motion carried unanimopusly.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

A-1 Electrical Contractors Inc. $ 2,399.00 Ace Hardware 3,863.39 Adler, Sadie 18.00 Alcopro 79.00 Alpha Petroleum Service 83.00 Alpine Office Supply 2,691.50 Alpine Property Mgt. 234.00 Alpine Property Mgt. 23.00 Archibald, Travis 18.00 Atwood, Frieda 37.00 Austin, Myles D. 77.30 Auto Parts Unlimited 568.59 Banks, Chad 33.10 Bartlett, Jason 5.12 Bennett’s Paint and Glass 818.95 Bi-Rite #1 6.88 Bicentennial Apt Village 20,589.00 Big W Supplies 83.13 Blanksvard, Carl 320.00 Boschetto Apartments 631.00 Bowman Distribution 204.31 Brower Investments 48.00 Broyhill Company 782.21 Buchanan, Wendy 100.00 Callas, Michael 213.00 Campbells Plumbing 877.77 Casper Fire Extinguisher Svc 85.00 Casper Star Tribune 244.20 CDW Government, Inc. 435.00 Century Equipment Co. 29.52 Checker Auto Parts 135.07 Chemsearch 138.00

City Auto Sales 1,070.53 Clayton Communications 1,101.75 Clinnet Solutions, LLC 245.00 Communication Technologies 80.00 Copyex LLC 155.12 Corporate Express 1,595.36 Corporate Image 190.42 Cottrell, Tom or Jean 59.13 Country Club Apartments 457.00 CPS Distributors Inc. 233.20 Culligan Soft Water Service 117.25 Curley Toth & Sons 885.00 Cybex International Inc. 109.66 D-Mac Investments 450.00 Dell Marketing LP 8,769.09 Dial Oil, Inc. 12,042.09 Diemoz, Jerry & Rhonda 22.44 Digital Select 58.97 Easton Sports Inc. 439.89 Elisson, Kelli 12.82 Elsevier Health Science 713.97 Encore Cinemas 248.44 Engineering Co. 4,800.00 Ensignal 24.00 Environmental Express Ltd 1,304.60 Fastenal Company 499.08 Fedex 76.82 Ferrero Electric 3,622.50 Fire Protection Publications 120.00 Five Star Towing & Repair 75.00 FNW 3205 668.10 Force America 67.99 Frontier West Construction 21.68 G&K Services 2,578.52 Gaylord Bros. 297.56 General Electric Supply 1,000.00 Gibbs, Rich 193.00 Giberson, Harold 110.00 Gordon, Paulette 33.42 Grand Junction Housing Authority 30.89 Grant Junction Housing Authority 456.00 Gutierrez, Ana Maria 37.00 H.W.P., Inc. 125.66 Hach Chemical 668.00 Hafey Properties Ltd. Partnership 211.00 Hastings 44.99 Hemmert, Russ & Shelly 60.76 High Desert Polaris 241.68 High Plains Construction, Inc. 94,785.50 High Security Lock & Alarm 1,193.40 Holmes, Gentry 46.00 Hooper, Connie 40.00 Hooper, Connie 10.00 Hoskins, Keni & Doug 3.46 Housing Authority of Salt Lake City 30.88 Housing Authority of Salt Lake City 1,263.00 Howard Supply Co. 288.16 HYKO 878.70 IMLA 600.00 Imperial Apts. 377.00 Imperial Plaza Apts. 110.00 Imperial Plaza Apts. 72.00 Inberg-Miller Engineers 1,774.25 Indo-American Engineering 20,305.22

Inter-Mountain Laboratories 7,876.00 Intermountain Record Center 82.60 J&S Enterprises 200.00 Jackman Construction, Inc. 35,928.13 JC Jacobs 176.00 JFC Engineers, Architects, Surveyors 6,490.50 JM Electrical Services 900.48 Johnson, James R. 43.00 Joint Powers Water Board 146,433.53 Joseph B. Meyer 30.00 Kathy Kitchen 399.00 Kelleys Shoes 125.00 Kelly, Howard 7.00 KRKK-AM/KQSW FM Radio 1,202.50 L.N. Curtis & Sons 443.15 Lariat Internation Trucks 557.46 Lathrop Feed & Equip. 184.01 Lay, Walter 211.00 Long Building Technologies, Inc. 1,060.00 Lundell, Shara 19.00 Macy’s Truck Repair 185.24 Majhanovich, Richard 246.00 Maric Sales 1,932.43 Marshall Industries 267.88 Maska US Inc. 717.16 Matozevich, Joe 7.30 McCurtain Motors 214.00 McDermott, Teresa & Kevin 7.54 McFadden Wholesale 5,368.38 Meadow Gold Dairies 321.30 Medtronic Physio Control 928.28 Meeks, Yulka 18.00 Memorial Hospital of Swtr. Co. 100.00 Meteor Marketing 17.00 Mitchel, Alike 37.00 Morcon Specialty Inc. 234.52 Mountainaire Animal Clinic 120.00 Mountainland Fire Protection 150.25 Mr. C’s Inc. 5,874.03 Nautilus/Schwinn Fitness Group 48.90 Nelson Engineering 3,401.44 Nu-Tech Specialties 3,980.92 One Putt Golf Shop 19,062.38 P.J. Lamana, Inc. 448.25 Pacheco, Natalie 18.00 Pacific Power & Light 43,070.20 Pacific Steel—Recycling 105.90 Pandalis, John 246.00 Parton, Robert 50.00 Performance Overhead Door Inc. 157.50 Petty Cash—City Treasurer 124.24 Pierce, Garry 10.82 Pierce, Garry 21.16 Pierce, Garry 14.19 Pitney Bowes 15.29 Pitts, Gail 415.00 Postmaster 2,158.46 Pro-Shade 353.00 Questar Gas 10,751.42 Questar Infocomm Inc. 125.00 Qwest 335.97 R.T. Rentals 300.00 Respond First Aid Systems 334.96 Riley, Bill & Maggie 63.48

Rink Systems 55.44 Rock Springs IV Center 1,584.86 Rock Springs Municipal Util 24,150.29 Rock Springs True Value 773.71 Rock Springs Windustrial 56.44 Rock Springs Winnelson Co. 3,223.41 Rocky Mtn Serv Bur 52.18 Rost, Marlene 11.00 Sears Commercial One 399.98 Shantz, Norman 240.00 Sherwin Williams 272.21 Shoshone Distributing Inc. 37.00 Sisneros, Maria 38.00 Skyline Property Group, LLC 409.00 Smith Detroit Diesel 101.14 Southwest Machine & Welding 150.00 Staks 224.00 Star Transit 500.00 Stegall, Chris & Nona Jean 6.71 Stericycle Inc. 59.00 Sterling Communications 197.22 Sunrise Environmental Scientific 373.40 Superior Lumber Co. 1,342.65 Sweetwater Heights 174.00 Sweetwater Co. Clerk 29.00 Sweetater Co. Treasurer 130.56 Sweetwater Ford 1,414.80 Sweetwater Heights 286.00 Sweetwater Heights 302.00 Sweetwater TV Co. Inc. 109.95 Takenaka, Gary S. 10.43 Teepee II 507.61 Tegeler & Associates 48.00 The Network 862.50 Three Sons 74,308.49 Three Sons, Inc. 13,908.60 Tiger Direct 275.81 Tire Den Inc. 1,460.68 Trailhead Guns 23.99 Trans Equip & Supply 523.74 Tri State Recycling Services 5.50 Trophy Depot 86.18 Uhrig, Nikala 13.00 Uinta Engineering and Survey 3,200.00 Union Telephone 89.28 Union Telephone 29.80 United Parcel Service 112.51 United States Tennis Assoc. 25.00 United States Welding Inc. 16.99 Vase Funeral Chapels 585.00 Vaughn’s Plumbing 1,981.02 Walmart Community Brc 57.76 Wamco Lab, Inc. 400.00 Webb, Lesa 13.00 Webb, Tina 18.00 Wells Fargo Card Services, Inc. 2,268.43 Wells Fargo Remittance Center 973.84 West Group Payment Center 3,174.34 Western Municipal Construction 83,156.08 Western Wyoming Beverage 338.00 Wetco Inc. 2,315.32 Wilkinson, Kimberly 25.00 Winter Equipment Co. 1,022.32 Wolf, Barry 5.00

Wy State Historical Society 86.00 Wyo Dept of Revenue & Tax 781.88 Wyo Dfept Transportation 5,259.21 Wyoming Com LLC 206.90 Wyoming Dept of Agriculture 100.00 Wyoming Financial Insurance 13,777.00 Wyoming Waste Systems 2,024.80 Wyoming Work Warehouse 241.95 Zep Mfg. Co. 264.00 Total $760,088.05

Report Checks for February

AFLAC Insurance Employee Premiums $ 1,727.02 Highmark Life & Casualty Employee Premiums 1,369.60 Equitable Life Employee Deferred 725.00 ICMA Retirement Corp Employee Deferred 7,992.08 Great-West Life & Annuity Employee Deferred 1,631.00 AFSCME Local #1004 Employee Dues 24.15 Colonial Life & Accident Employee Premiums 88.72 Wyo Child Support Enf. Child Support Payments 4,208.16 State of Idaho Child Support Child Support Payments 249.00 RS Firefighter Assn #1499 Employee Dues 1,178.00 Clerk of Circuit Court Employee Garnishments 195.63 RS City Treasurer Employee BCBS Reim. 17,011.21 Wyo Retirement System Group Life Employee 801.00 Deduc New York Life Ins. Employee Premiums 86.46 RS Police Protective Assoc Employee Dues 228.00 UMWA/OAW Local #4893 Employee Dues 971.02 United Way of Swtr. Co. Employee Deductions 243.70 Wyo Retirement System Fire Benefit City/Emply 27,904.66 Wyo Workers Comp Employee Benefits 15,803.38 Wyo Workers Comp Work Restitution Workers 29.79 Wyo Workers Comp Volunteer Program 17.02 Wyo Retirement System Employee Benefits 51,294.22 Wyo Retirement System Law Enforcement 40,081.02 Swtr. Fed. Credit Union Employee Deductions 47,282.57 Internal Revenue Service Electronic Fund Transfer 120,440.61 Department of Employment Unemployment Claims 5,240.63 Total $346,823.65

February 5 Salaries $554,113.44

Councilman Shea moved to approve the bills and claims for February 17 and the February 5 salaries. Seconded by Councilman Cheese. Motion carried unanimously.

NEW BUSINESS

Councilman Porenta moved to approve a request from the Department of Engineering and Operations to apply for a Business Ready Community grant for the Gateway Boulevard extension project. Seconded by Councilman Kourbelas. Motion carried unanimously.

Councilmember Gilbert moved to approve a request from Rock Springs City Firefighters Local No. 1499 for a meeting to negotiate a fiscal year 2004 collective labor agreement. Seconded by Councilman Cheese. Motion carried unanimously.

Councilman Kourbelas moved to table a request from the Parks and Recreation Department for two part-time personal trainer positions at the family recreation center along with a pay scale and to place the request under advisement of the council standing parks and recreation committee. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Councilmember Gilbert moved to approve a request from the Utah Nonprofit Housing Corporation for letters of support from the Rock Springs Housing Authority, the mayor and the city council for the corporation’s application to the Wyoming Community Development Authority to acquire and rehabilitate the 102-unit bicentennial apartment complex through the Low Income Housing Tax Credit program. Seconded by Councilman Kourbelas. Motion carried unanimously.

Councilman Tate moved to approve an application for a bingo and pull tab license submitted by Community Support Foundation dba Lucky Bucks Rapid Bingo for operation at 1406 Dewar Drive. Councilman Horn asked if this non-profit sponsor has met all the requirements for a bingo permit. Mrs. Peterson responded that they have. Motion carried unanimously.

Councilman Cheese moved to approve a request from the Rock Springs liquor dealers for 24-hour permits for St. Patrick’s Day on March 13, the Red Desert Roundup on July 31, Halloween on October 30 and New Year’s Eve on December 31. Seconded by Councilmember Gilbert. Motion carried. Councilman Shea voted in opposition.

Councilman Kourbelas moved to approve a request from the Society of Petroleum Engineers for a malt beverage permit for the Third Annual Chili Cookoff on February 21 at the events complex. Seconded by Councilman Tate. Motion carried unanimously.

RESOLUTIONS

Resolution 2004-25, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH ALSCO/AMERICAN LINEN, P.O. BOX 9398, OGDEN, UT 84409 IN THE AMOUNT OF $645.80 PER WEEK, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Banks moved to approve Resolution 2004-25. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-26, A RESOLUTION ACCEPTING AND APPROVING AN IRREVOCABLE STANDBY LETTER OF CREDIT, AS A FORM OF FINANCIAL GUARANTEE ALTERNATIVE TO A PERFORMANCE BOND, FROM AMERICAN NATIONAL BANK ON BEHALF OF JACKMAN CONSTRUCTION, was read by title. Councilman Kourbelas moved to approve Resolution 2004-26. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-27, A RESOLUTION ACCEPTING AND APPROVING OPTION #1 PROVIDING FOR AN AGREEMENT WITH ALLIANZ HEALTHCARE RE, A DIVISION OF ALLIANZ LIFE INSURANCE COMPANY OF NORTH AMERICA, AND BLUE CROSS BLUE SHIELD TO BE EFFECTIVE MARCH 1, 2004 THROUGH FEBRUARY 28, 2005, AND AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE CONTRACT DOCUMENTS ON BEHALF OF THE CITY WHEN IT IS RECEIVED, was read by title. Councilman Tate moved to approve Resolution 2004-27. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Housing Resolution 2004-28, A RESOLUTION AUTHORIZING THE MAYOR, ACTING IN HIS CAPACITY AS CHAIRMAN OF THE HOUSING BOARD TO ACCEPT AND APPROVE A CONTRACT IN THE AMOUNT OF $6,500.00 WITH BILL CAMPBELL’S PLUMBING & HEATING, 121 BROADWAY, ROCK SPRINGS, WY 82901 HEREINAFTER MENTIONED AS THE CONTRACTOR, was read by title. Councilman Kourbelas moved to approve Resolution 2004-28. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-29, A RESOLUTION ACCEPTING AND APPROVING AN EMPLOYEE ASSISTANCE PROGRAM SERVICE AGREEMENT WITH SOUTHWEST COUNSELING SERVICE, AND AUTHORIZING MIKE LOWELL, AS THE CHIEF OF POLICE OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilmember Gilbert moved to approve Resolution 2004-29. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-30, A RESOLUTION AUTHORIZING THE CITY OF ROCK SPRINGS, ACTING AS THE SPONSORING LOCAL GOVERNMENT, TO SUBMIT A TECHNICAL ASSISTANCE GRANT APPLICATION UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, TO THE WYOMING BUSINESS COUNCIL ON BEHALF OF CURLY TOTH AND SONS, DBA RAT FINK CHOPPERS, was read by title. Councilman Porenta moved to approve Resolution 2004- 30. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-31, A RESOLUTION AUTHORIZING THE CITY OF ROCK SPRINGS TO FILE AN APPLICATION WITH THE WYOMING BUSINESS COUNCIL FOR A BUSINESS READY COMMUNITY GRANT, was read by title. Councilmember Gilbert moved to approve Resolution 2004-31. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-32, A RESOLUTION ACCEPTING AND APPROVING A DEDICATION AGREEMENT FROM GATEWAY INCORPORATED, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilman Kourbelas moved to approve Resolution 2004-32. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-33, A RESOLUTION APPROVING LOCAL FINANCIAL INSTITUTIONS TO BE DESIGNATED AS DEPOSITORIES FOR PUBLIC FUNDS, was read by title. Councilman Cheese moved to approve Resolution 2004-33. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-34, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE AN INDEMNIFICATION LETTER FOR THE CITY OF ROCK SPRINGS, FOR PARTICIPATION IN THE HEALTH FAIR TO BE HELD AT THE SWEETWATER COUNTY EVENTS COMPLEX, was read by title. Councilman Cheese moved to approve Resolution 2004-34. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-35, A RESOLUTION AUTHORIZING AND ACCEPTING AN ASSIGNMENTS AND ASSUMPTION OF CONTRACT BETWEEN WYOMING WASTE SYSTEMS, A SUBSIDIARY OF ALLIED WASTE/BFI WASTE SYSTEM OF NORTH AMERICA, INC., AND WYOMING ENVIRONMENTAL SYSTEMS, INC., AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID ASSIGNMENT AND ASSUMPTION OF CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Kourbelas moved to approve Resolution 2004-35. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmember Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

ADJOURNMENT

There being no further business to come before council, Youth Council Acting Mayor Tabuchi adjourned the meeting at 8:13 p.m.

XX4a

City council met in special session on February 24, 2004. Mayor Kaumo called the meeting to order at 5:15 p.m. Members present included Councilmen Steve Shea, John Cheese, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo; absent: Councilmen David Tate and Neil Kourbelas,. Department heads present included Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson. The meeting was called to take action on two contract resolutions.

RESOLUTIONS:

Resolution 2004-36, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH DEBERNARDI CONSTRUCTION, 514 G STREET, ROCK SPRINGS, WY, IN THE AMOUNT OF $2,394,401.57, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Banks moved to approve Resolution 2004-36. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Cheese, Shea, and Mayor Kaumo; absent: Councilmen Tate and Kourbelas. Motion carried.

Resolution 2004-37, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH BIG HORN ROOFING, INC., 605 SOUTH ADAMS, LARAMIE, WY 82070, IN THE AMOUNT OF $242,200.00, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Director of Parks and Recreation Dave Silovich noted that the correct amount of the contract is $252,200 rather than $242,200. Councilmember Gilbert moved to approve the resolution as corrected. Councilman Horn asked if Big Horn Roofing physically inspected the roof. Mr. Silovich answered that during the mandatory pre-bid meeting, all prospective bidders spent three to four hours inspecting the membrane roof. Mayor Kaumo noted that the old membrane is pulling away and the entire roof is in dire need of repair. Mr. Silovich stated that work will begin as soon as weather permits. The motion having been seconded by discussion, the following voted in favor: Councilmen Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo; absent: Councilmen Tate and Kourbelas. Motion carried.

ANNOUNCEMENT:

Mayor Kaumo urged council to continue support of House Bill 201 as it passes from the House to the Senate. He said the appropriation to local government contained in the bill is crucial to the operations of the city.

Mayor Kaumo announced that the first meeting to negotiate the Firefighters Local 1499 labor contract is scheduled for Thursday, February 27.

ADJOURNMENT:

There being no further business to come before council, the meeting was adjourned at 5:40 p.m.

XX5

City council met in regular session on March 2, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, and Mayor Tim Kaumo; absent: Kent Porenta. Department heads present included Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson.

Councilman Tate introduced the Ward I job shadow, Hope Gebes. Fire Chief Brad Sarff introduced his job shadow Jesse Carollo. Also in attendance were members of the Western Wyoming Community College News Writing and Reporting class.

Councilmember Gilbert moved to approve minutes of the February 17 council meeting and the February 24 special council meeting. Seconded by Councilman Horn. Motion carried unanimously.

APPOINTMENT

President Shea presented the mayoral re-appointment of Paula Wonnacott to the Joint Powers Water Board. Councilman Kourbelas moved to approve the appointment. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Horn, Banks, Gilbert, Kourbelas, Tate, Cheese and Shea; absent: Councilman Porenta. President Shea confirmed the appointment.

BID OPENINGS

2004 Concrete Replacement Phase II

Oakridge Development, Rock Springs $208,914.00 Inc.

A bid bond accompanied the bid.

Gasoline and Diesel Fuel

Company Location Rack Price + Markup Total Bid 66,000 gal Unleaded 1.159 + .10 8,000 gal Blended 1.1315 + Red Horse Oil Co. Rock Springs $158,469.00 Diesel .10 26,000 No. 2 1.055 + gal Diesel .10 66,000 gal Unleaded 1.1675 + .09 8,000 gal Blended 1.1465 + Dial Oil Co. Rock Springs $158,618.00 Diesel .09 26,000 No. 2 1.1135 + gal Diesel .09

All bids were referred to the Engineering Department for review and recommendation at a future council meeting.

COMMENDATION

Mayor Kaumo presented certificates of appreciation to Police Department employees of the quarter, Lynn Orester, civilian employee, and Ofc Jeff Swafford, sworn employee. He thanked them for their service to the department and the city. He complimented Ofc. Swafford for having been selected for the honor three times in five years.

PUBLIC HEARINGS

Request Filed by Red, Inc. to Annex a 15.22-Acre Tract of Land into the City of Rock Springs and Zone to I-2 (Heavy Industrial)

There were no comments. Action to be taken under Ordinance 2004-05.

Request for Revised Prelininary Development Plan Approval for Cedar Springs Subdivision Filed by Guy Haskell

Councilman Kourbelas cited the following concerns with the proposed subdivision:

• Once White Mountain Boulevard is extended from Foothill Boulevard to Sweetwater Drive, it will receive non-residential traffic; past events dictate that when residential streets open onto collector or arterial streets problems are created. • Since White Mountain Boulevard will not be extended to Sweetwater Drive initially, traffic will flow to Popo Agie and combine with traffic from Fall Creek and Cache Valley. This shortcut from Sweetwater Drive to Foothill Boulevard on residential streets will create hardships for the residents. • The revision indicates a connection from Peak Drive onto the end of the subdivision. Peak Drive is a street in White Mountain Village that is not up to residential standards and could present a disastrous situation.

Clay Baird, representing Uinta Engineering, designers of the subdivision plat, said their intent was to design a subdivision that would provide affordable housing for a growing community while meeting city standards; they did not intend to create hazards especially considering Mr. Haskell purchased the land without any perceived opposition. Mr. Baird said he will research options to the traffic concerns.

Action to be taken under Resolution 2004-41.

Request for Planned Unit Development Preliminary Development Plan/Preliminary Plat approval for Sweetwater Station Addition Filed by Red Top Limited

There were no comments. Action to be taken under Resolution 2004-42.

PETITIONS

Young-at-Heart Promotional Sign

Councilman Cheese moved to approve a request from the Young-at-Heart Senior citizens to place a 3’ x 2’ temporary promotional sign on the Foothill Boulevard right-of- way. Seconded by Councilmember Gilbert. Mr. Crow advised that before erecting the sign the group must first consult with the Planning and Zoning Department. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Horn, Banks, Gilbert, and Mayor Kaumo; absent: Councilman Porenta. Motion carried.

Legislative Budget

John Tarufelli, Bellview Avenue, said he hopes the city will see some money allocated from the state’s surplus during this legislative budget session. He said he has

written a letter to that effect to be published in the newspaper and hopes it will be printed while it will do some good.

OFFICERS AND STAFF REPORTS

Councilman Shea moved to approve the Municipal Court Report for December. Seconded by Councilman Banks. Motion carried unanimously.

COUNCIL COMMITTEE AND BOARD REPORTS

All American City Status

Councilman Banks said he has been working with SWEDA on submitting an application to receive All American City status. Applicants will be informed in April whether or not their city was selected. He said many benefits and publicity go with a selection.

Joint Powers Telecommunications Board

Councilman Shea reported that the board is working with their attorney to finalize the joint powers agreement and resolution that may be available for presentation to the city councils by the first meeting in April.

Legislative Update

Mayor Kaumo apprised that House Bills 21 and 201 designed to provide additional funding to cities and towns from the state’s surplus were both defeated by legislature in spite of concerted efforts by city staff and council to move them forward. At this point the House and Senate have reached an impasse on how much should be appropriated for local governments, therefore, the issue will be decided in free committee. Mayor Kaumo said it is difficult to understand the state’s plan to place $122 million into savings when several cities are operating at a deficit. He opined the state would benefit more from the impending growth if they invested with local government so future plans could be formulated.

CORRESPONDENCE

Councilman Cheese moved to accept the following correspondence and place it on file: 1. minutes of the February 12 Sweetwater County Commission workshop; 2. a scoping notice from the Bureau of Land Management for the Wind Dancer Natural Gas Development Project; 3. a notice from the U.S. Department of Agriculture listing quarterly projects and requesting comment; 4. a thank you note from Leadership Wyoming for the education session; 5. a notice from the U.S. Department of Transportation requesting proposals from carriers interested in providing essential air service; 6. an invitation from SWEDA to attend the Annual Gala; 7. a notice from Great Strides Wyoming for their walk- a-thon to raise money to find a cure for Cystic Fibrosis; 8. an invitation from Holiday Inn of Rock Springs to the grand opening of their new lobby and room tower. Seconded by Councilman Tate. Motion carried unanimously.

EXECUTIVE SESSION

At 7:37 p.m. council adjourned to executive session to discuss a potential litigation. At 8:04 p.m. council reconvened. Councilman Shea moved to proceed as discussed in executive session with the changes noted in contract #3. Councilman Horn amended the motion to add that in the professional services supplement to the Indo-American agreement, the authorized project completion date be corrected to October 15, 2003 instead of October 15, 2004. Councilman Banks seconded the motion as amended. Motion carried unanimously.

RESOLUTION: (Out of Order)

Resolution 2004-45, A RESOLUTION ACCEPTING AND APPROVING AMENDMENT TO CONTRACT #3 FOR PROFESSIONAL SERVICES FOR THE SUNSET SEWER LINE PROJECT WITH INDO AMERICAN ENGINEERING, INC., was read by title. Councilman Kourbelas moved to approve Resolution 2004-45. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, and Mayor Kaumo; opposed: Councilman Horn; absent: Councilman Porenta. Motion carried.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

A&G Plumbing $ 155.00 Advanced TeleSystems 40.00 Airgas Intermountain 467.97 Albertsons Food Center 24.98 American Red Cross 535.00 American Water Works Assoc. 1,290.00 American 3B Scientific 269.60 Arc Network, LLC 225.00 Arnold Law Offices 1,417.50 Awards Unlimited 10.00 Bauer Nike Hockey USA Inc. 15.18 Bloedorn Lumber 170.99 Blue Cross Blue Shield 23,597.73 Bogataj, Karlee 104.00 Bookcliff Sales Inc. 162.00 Boyle Equipment Company 24,520.16 Bron Tapes of Colorado, Inc. 127.27 BSI Services, Inc. 385.00 Bunning Transfer Co. 462.40 C.E.M. Maintenance 473.20 Campbells Plumbing 220.00 CDW Government, Inc. 230.00 Center Street 66 Service 55.00 Channing L. Bete Co., Inc. 158.90 Chematox Laboratory Inc. 150.00 Chemsearch 138.25 City of Rock Springs 191,598.27 Communication Technologies 176.70 Copier & Supply Co. 6,845.00 Corporate Image 160.42 Crider, Duane 246.00 Cross, Kayle 53.04 Cummins Intermountain 1,235.00 Damschroder Sales & Dist Co. 244.15 DeBernardi Construction Co. 37,002.60 Dell Marketing LP 1,812.73 Dewey, Denise R. 380.00 Digital Select 59.99 Eagle Uniform 1,073.66 Econo Guest Village 39.95 Electrical Service & Products FLLC 523.58 Engineering Co. 3,500.00 Equifax Credit Information 5.00 Fernandez, Stevenor Lanette 32.37 Ferrero Electric 368.95 Fieseler, Jake 50.00 Five Star Towing & Repair 75.00 Galls Inc. 177.37 GLS 1,715.87 Griffin, Rose Marie .12 Hall, Ron 380.00 Highmark Life Insurance Company 761.58

Hillerich & Bradsby of Canada 670.51 Horrocks Engineers, Inc. 4,161.91 Ikon Office Solutions 827.69 Inberg-Miller Engineers 758.34 Indo-American Engineering 35,506.30 Intl Assoc for Property 40.00 Jackman Construction, Inc. 57,172.10 Jelaco Sr, Mike 36.21 Jensen, Esta 22.00 JFC Engineers, Architects, Surveyors 4,539.00 JM Electrical Services 609.52 John Paras Furniture 449.95 Johnson, Michael L. .05 Kappes, Henry 60.00 Kaul Corporation 13,140.00 Kearns, Sue, Atty at Law 300.00 Kern, Patricia 35.00 Kinderprint Co., Inc. 210.46 Kopy Korner 236.33 L.N. Curtis & Sons 258.76 Layos Inc. 9,335.75 Lyman Products Corporation 112.33 Lyon Network Services 1,557.50 Mail-Well Envelope 1,328.80 Maric Sales 106.30 Maska US Inc. 394.30 Maxwell, Don 8.48 McLeod USA 786.66 Memorial Hospital of Swtr. Co. 283.90 Modern Marketing 184.18 Municipal Toy Company, Inc. 970.00 Nasro 30.00 National Civic League 300.00 New Studio 26.91 Newman Signs 386.40 Nickel Ridge Portables 285.00 Nu-Tech Specialties 2,298.53 O’Farrell, William K. 200.00 Orkin Exterminating 43.14 Pacific Power & Light 15,544.87 Parkson Corporation 348.24 Peden’s Inc. 223.35 Plummer, Deborah 150.00 Police Products Corp. 7,888.00 Postage by Phone 1,500.00 Printers’ Alley 52.00 Questar Gas 19,073.64 Qwest 4,080.35 Rahonce, Cyril 23.80 Real Kleen Inc. 191.32 Reeker, Steve 8.59 Rock Springs Newspapers 5,386.00 Rock Springs Recycling Center 3,750.00 Rock Springs True Value 501.69 Rock Springs Winnelson Co. 3,534.96 Rocky Mountain Sports 149.13 Rocky Mtn Turf & Ind Equip 1,172.63 SCI, Inc. 63,207.70 Se-Me 125.00 Seals, Nick 50.00 Smith’s 226.10 Spa World 111.90 Spectrum Pool Products 172.48 Staks 28.00

Standard Batteries of SLC 108.90 Sterling Communications 397.22 Sunrise Engineering, Inc. 3,607.53 Superior Industrial Supply 2,185.94 Sweetwater County Clerk 28.00 Sweetwater County Health Dept. 120.00 Sweetwater TV Co. Inc. 37.50 Tabuchi, Doug 50.00 Tegeler & Associates 151,924.19 The Actor’s Mission 500.00 Three Sons 1,372.16 Three Sons, Inc. 12,349.36 Tournament Sports 246.47 Trailhead Guns 23.99 UBTA-UBET 76.66 Unisen, Inc. 1,502.67 United Parcel Service 81.58 Utility Technical Service 3,018.25 Vaughn’s Plumbing 2,122.01 Verizon Wireless 1,967.38 Walmart Community Brc 2,284.83 Webb, Regina 150.00 West Group Payment Center 1,057.34 Western Wyoming Beverage 213.50 Western Wyoming College 138.00 Wilkinson, Charles Jr. 380.00 Williams, Penny 150.00 Wyo Dept Transportation 1,286.81 Wyoming Law Enf Academy 347.00 Wyoming Machinery 494.89 Wyoming Medical Center 12.00 Wyoming State Firemens Assoc. 50.00 Zep Mfg Co. 81.65 Total $757,460.37

Report Checks for February 20

Employee Garnishments Employee Deductions $ 217.62 Internal Revenue Service Electronic Fund Transfer 80,556.45 Swtr. Federal Credit Union Employee Deductions 27,048.56 Wyoming Child Support Child Support Payments 2,693.16 Idaho Child Support Child Support Payments 249.00 Total $110,764.79

February 20 Salaries $331,509.92

Councilman Cheese moved to approve the bills and claim for March 2 and the February 20 salaries. Seconded by Councilman Banks. Motion carried unanimously.

UNFINISHED BUSINESS

Councilman Tate moved to keep the request from the Parks and Recreation Department for two part-time trainer positions on table. Seconded by Councilman Horn. Motion carried unanimously.

NEW BUSINESS

Councilman Horn moved to approve a request from the Department of Public Services to apply for a State Revolving Fund Program loan to begin the waste water treatment plant expansion project. Seconded by Councilman Kourbelas. Motion carried unanimously.

Councilmember Gilbert moved to approve a request from the Kiwanis Club for Railroad Avenue street closure from the Railroad/Soulsby Avenue intersection to Mitchelson Street on May 8 between noon and 12:30 p.m. for a kids pet parade. Seconded by Councilman Tate. Motion carried unanimously.

Councilman Cheese moved to approve a request from Black Rock, Inc. for a catering permit for the Rocky Mountain Elk Foundation banquet on March 20 at the events complex. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Tate moved to approve a request from the Young-at-Heart senior citizens for a malt beverage permit for their Spring Fling on March 13 at the events complex. Seconded by Councilman Shea. Motion carried unanimously.

RESOLUTIONS

Resolution 2004-38, A RESOLUTION AUTHORIZING WADDELL & REED FINANCIAL SERVICES TO OFFER AN INVESTING IN EDUCATION, INVESTED PLAN, WADDELL & REED 529 PLAN TO THE EMPLOYEES OF THE CITY OF ROCK SPRINGS THROUGH PAYROLL DEDUCTION, was read by title. Councilman Kourbelas moved to approve Resolution 2004-38. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo; absent: Councilman Porenta. Motion carried.

Resolution 2004-39, A RESOLUTION ACCEPTING AND APPROVING A SOFTWARE LICENSE, MAINTENANCE AND SUPPORT AGREEMENT WITH VERMONT SYSTEMS, INC., AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilman Banks moved to approve Resolution 2004-39. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Horn, Banks, Gilbert, and Mayor Kaumo; absent: Councilman Porenta. Motion carried.

Resolution 2004-40, A RESOLUTION ACCEPTING AND APPROVING A CUSTOMER PROCESSING AGREEMENT WITH LYNK SYSTEMS, INC., AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilman Tate moved to approve Resolution 2004-40. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo; absent: Councilman Porenta. Motion carried.

Resolution 2004-41, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY DEVELOPMENT PLAN OF CEDAR SPRINGS SUBDIVISION (REVISED) AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING SUBMITTED BY HASKELL HOMES INC. AND COVERING A 27.79 ACRE TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE1/4) OF SECTION 33, TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE 6TH PRINCIPAL MERIDIAN, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas moved to table Resolution 2004-41 to allow the engineers for Haskell Homes to explore other traffic flow options. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, and Mayor Kaumo; absent: Councilman Porenta. Motion carried

Resolution 2004-42, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY DEVELOPMENT PLAN, INCLUDING PRELIMINARY PLAT, FOR SWEETWATER STATION ADDITION, A PLANNED UNIT DEVELOPMENT WITHIN THE CORPORATE LIMITS OF THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY RED TOP LIMITED, LLC, COVERING A 77.127-ACRE TRACT SITUATED IN THE NORTHWEST QUARTER OF

SECTION 16, TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE 6TH PRINCIPAL MERIDIAN, SWEETWATER COUNTY, WYOMING, was read by title. Councilmember Gilbert moved to approve Resolution 2004-42. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo; absent: Councilman Porenta. Motion carried.

Mayor Kaumo left the council chambers prior to discussion and action on Resolution 2004-43 because of a conflict of interest. Resolution 2004-43, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF BENCOR SUBDIVISION, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING SUBMITTED BY BENCOR, LLC, COVERING A 3.343-ACRE TRACT OF LAND SITUATED IN SECTION 34, RESURVEY OF TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-43. Seconded by Councilman Horn. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Horn, Banks and Gilbert; absent: Councilman Porenta and Mayor Kaumo. Motion carried.

Resolution 2004-44, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING TO ENTER INTO, EXECUTE AND ATTEST A HOLD HARMLESS AGREEMENT WITH WHITE MOUNTAIN MALL FOR PARTICIPATION IN A BENCH PRESS COMPETITION WITH THE ROCK SPRINGS PARKS AND RECREATION DEPARTMENT, was read by title. Councilman Cheese moved to approve Resolution 2004-44. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo; absent: Councilman Porenta. Motion carried.

Resolution 2004-46, A RESOLUTION APPROVING AND ACCEPTING A COMMUNITY ID PROPOSAL FROM THE BUXTON COMPANY, AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID PROPOSAL ON BEHALF OF SAID CITY, was read by title. Councilman Banks asked if the total cost of this marketing study is $20,000 and if it must be paid before the study gets underway. City attorney Vince Crow answered that the cities of Rock Springs and Green River must share the cost equally as soon as the proposal is executed. Councilman Horn asked if the $2,000 travel and out-of-pocket expenses is to be shared equally with Green River and what happens in the event Green River does not enter into the agreement. Mayor Kaumo answered that the service cost is not an issue since Buxton Company will not be asked to do a post analysis follow-up. Councilman Horn asked if it is the cities’ obligation to provide the list of materials outlined on page 5 Section B. The reply was that the cities must provide the information. Councilman Horn asserted that the findings will be redundant and a waste of money. Councilman Banks countered that the study will be helpful, but he does see a problem with having to pay in advance. Councilman Kourbelas added that findings in the study will provide information to help existing businesses and it works into council’s goals for community development. Councilmember Gilbert said the information the city must provide is readily available and will allow Buxton more time to research in-depth information. Councilman Kourbelas moved to approve Resolution 2004-46. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Shea, Tate, Kourbelas, and Mayor Kaumo; opposed: Councilmen Banks, Horn and Cheese; absent: Councilman Porenta. Motion carried.

ORDINANCES

Ordinance 2004-04, AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND VACATION OF A 20-FOOT (20’) GENERAL UTILITY EASEMENT LOCATED IN LOT 6 OF THE GATEWAY COMPLEX SUBDIVISION TO THE CITY OF ROCK SPRINGS, WYOMING, was placed on first reading and read by title.

Ordinance 2004-05, AN ORDINANCE ANNEXING AND INCORPORATING WITHIN THE CITY LIMITS OF THE CITY OF ROCK SPRINGS, WYOMING CERTAIN CONTIGUOUS AND ADJACENT AREAS FULLY HEREINAFTER SET FORTH AND PROVIDING FOR ZONING DESIGNATIONS, was placed on first reading and read by title.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 8:27 p.m.

XX6

City council met in regular session on March 16, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Paul Kauchich, Dave Silovich and Colleen Peterson.

Mayor Kaumo expressed regrets that Jay Mueller, WalMart manager, and Superintendent of School District No. 1 Dr. Richard Strahorn will be moving from Rock Springs in the near future.

Councilman Banks moved to approve the amended agenda. Seconded by Councilman Shea. Motion carried unanimously.

Councilman Cheese moved to approve the March 2 minutes. Seconded by Councilman Shea. Motion carried unanimously.

PRESENTATION

Roxanne Tomich and Candy Carmine, events complex board members, appealed to council to adopt a resolution to allow a proposition to impose a one-half cent specific purpose excise tax on the 2004 primary election ballot to raise money for an events complex expansion project. She said economic indicators and detailed research show the project will benefit the community. Ms. Tomich noted that their total target figure of $23.8 million includes projections for 3½ years of maintenance and short-term annual operating costs of $324,731.54. After the 3½ years, revenues will be generated from events to cover operating costs. She stated that engineering and construction figures were calculated using data from similar complexes in Casper, Denver and Ogden and that detailed calculations are available for review.

Councilmember Gilbert opined that it is incumbent on elected officials to allow the public to vote on issues of such magnitude and a vote in favor of this request will simply allow the issue to be placed on the primary ballot. Ms. Tomich reminded council that the events complex is 30 years old. She said an addition along with needed upgrades to the existing building would add another 30 years. Councilman Shea expressed favorable comments stating that the one-half cent sales tax imposed for the new jail facility has resulted in earlier-than-anticipated payment of the facility thereby eliminating the tax as early as this July. He added that the I-80 location of the events complex provides many advantages. Ms. Tomich advised that there will be a lapse of approximately six months between the termination of the jail’s one-half cent tax and the imposition of the events complex tax so there will be no confusion where the tax monies are going. Councilman Horn said he hopes the community supports the tax and asked that they consider the numerous events that are held at the complex on a daily basis. He noted that one of the findings of the community assessment was the need for a larger facility in the community. Mayor Kaumo advocated support of the proposition stating that this is another improvement for making Rock Springs a better place.

Action to be taken under Resolution 2004-47.

PUBLIC HEARINGS

Proposal to Trade Real Property Owned by the City of Rock Springs for Real Property Owned by James E. and Julie V. Lever

There were no comments. Action to be taken under Resolutions 2004-48 and 2004- 49.

Proposal to Amend Chapter 16 of City Ordinances Regarding Supplemental On-Site Off-Site Street Construction

There were no comments. Action to be taken under Ordinance 2004-06

Request to Annex Three Tracts of Land Totaling 193.49 Acres Filed by William McCurtain into the City and to Provide the Zoning Designation of I-2 (Heavy Industrial)

There were no comments. Action to be taken under Ordinance 2004-07.

PETITIONS

Student Ambassador

Devon Huschka, sixth grade student at White Mountain Elementary School told council he has been selected as a people-to-people sports ambassador to compete in the Bowling Classic in Beijing, China. He said along with the competition he will be given an opportunity to participate in other activities, learn about the culture and meet friends in another part of the world. He asked for the city’s support by providing him with mementoes to offer the people of China. Mayor Kaumo thanked Devon for sharing his enthusiasm and gladly offered to send tokens of Rock Springs with him.

Curfew Ordinance

Students from Sweetwater County School District No. 1 Independence High School submitted a written request for a change in city curfew hours, but since no representatives were present at the meeting, Councilman Shea moved to table the request. Seconded by Councilman Horn. Motion carried unanimously.

Comments on Events Complex Expansion

Robert Tiede, Rock Springs citizen, spoke against the proposed one-half cent sales tax to raise money to expand the events complex and he urged council to vote against the proposal to place the proposition on the primary ballot. He impugned the term “temporary tax” implying a tax is never removed once imposed. He said if the initiative is allowed on the ballot, taxpayers will be inundated with rhetorical reasons for enlarging the complex and will be unduly influenced. He said when the idea to expand the complex initially surfaced a board member commented that 20% of the money generated will come from people outside the city, next it was heard that 40% will come from outsiders. In his opinion, that percentage will continue to be distorted.

In addition, Mr. Tiede said according to the Institute on Taxation and Economic Policy a sales tax is a regressive tax in that poor- and middle-income families are most heavily burdened since they pay a greater percentage of their disposable income to make purchases. He said not only will the poor have to support construction costs of the complex, they will unlikely be able to afford the cost to attend events held there. He concluded by saying although it is unlawful for the county to carry the expense of mass mailings to endorse the project, they nevertheless have sent mailings to “educate” the public.

John Tarufelli, 106 Bellview, said he is upset that his letter to the editor of the Rocket Miner regarding the distribution of the state’s surplus was never published. On the issue of the proposed one-half cent sales tax for the events complex, he stated the board’s $23.5 million request should be coupled with the hospital board’s $28 million request and the senior citizens $6 million request for a new facility as well. He said he wants to see operational figures for all those proposed facilities including the jail to know the true expenditure picture. He agreed with Mr. Tiede that once a tax is imposed it is never rescinded. In addition, he stated that with the recent spurt of growth, the city will no doubt need to expand the sewer plant before long.

Mayor Kaumo responded that is undoubtedly true, but quality of life must not be sacrificed with growth, and the events complex expansion will add to that quality. Councilmember Gilbert said Mr. Tarufelli’s comment that taxes must also be increased to pay for the hospital expansion is incorrect since the hospital’s construction will be paid through a loan and reimbursed by the hospital. He was also informed that maintenance at the new jail facility will be handled by inmates in order to reduce operational expenses.

Don Henscheid, a member of the audience, said although he no longer lives in Rock Springs he plans activities for youth in the Rocky Mountain area and realizes how important the events complex and fairgrounds were for him while growing up. He said many of his friends who bring their children to the racetrack at the events complex have commented there is no finer course. He said when children get involved in such programs, it changes their lives forever. He encouraged council to keep an open mind regarding the proposed expansion, which, he said, can only add to the quality of life in Rock Springs

OFFICERS AND STAFF REPORTS

Councilman Shea moved to approve the Animal Control Report for February, the health insurance fund recap for February and the financial reports for February. Seconded by Councilman Porenta. Motion carried unanimously.

COUNCIL COMMITTEE AND BOARD REPORTS

Program to Preserve America

Councilmember Gilbert reported that by executive order from President Bush there is a program underway to support community efforts to preserve natural and cultural heritage. She said to become a member of Preserve America an application must be completed along with a resolution of the governing body that would qualify applicants to become eligible for federal economic development grant funds. She said because Rock Springs takes great pride in its heritage, it is likely the city may qualify for this status. She asked that a resolution be drafted and an application submitted.

Joint Powers Telecommunications Board

Councilman Shea reported that the final revised joint powers agreement has been reviewed by attorneys for the four participating entities and is now being reviewed by the attorney general. From this the cities can draft resolutions of support with no backstop from Rock Springs and with a backstop from Green River. Golf Course Concession Area

Councilman Tate reported that the Building Committee met to select a vendor for the golf course snack shop and would like to schedule a special council meeting on March 18 to take action on a lease agreement.

CORRESPONDENCE

Councilman Tate moved to accept the following correspondence and place it on file: 1. an invitation from United Way of Sweetwater County to the 25th annual awards and recognition event; 2. an invitation from the Rock Springs and Green River chambers of commerce and SWEDA to the Sweetwater County Gala; 3. a note from the Wyoming

Association of Municipalities thanking Mayor Kaumo and the Rock Springs contingency for their support at the 2004 legislative budget session; 4. a thank you note from Paul and Mary Holbert for ice removal; 5. a quarterly update from the Rock Springs Chamber of Commerce and request for budgeted appropriation; 6. a notice from WYDOT of a change in local attraction signs along I-80; 7. a notice from the Sweetwater County Pipeline Association of a safety awareness seminar; 8. a welfare reform analysis from Wyoming Children’s Action Alliance; 9. a letter from the Wyoming Association of Municipalities recruiting teen delegates to the WAM convention; 10. a notice from the Wyoming Association of Municipalities concerning local government’s authority to charge late fees on water bills; and 11. a letter of complaint from Conveyor Engineering, Inc. concerning disregard of hotel reservations at a local inn. The motion was seconded by Councilman Kourbelas and carried unanimously.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

A to Z Copier Service 12.15; Aardvark Tactical, Inc. 1,223.60; Ace Hardware 4,327.69; Adler, Sadie 18.00; Adolph Kiefer & Associates 442.15; Advanced Tele Systems 3,584.00; Alpine Office Supply 1,903.65; American Alliance for Health 150.00; American Emblem Manufacturing 36.88; American Red Cross 60.00; Animal Care Center 35.99; Archibald, Travis 18.00; Atwood, Frieda 37.00; Auto Parts Unlimited 781.21; Awards Unlimited 2,768.70; Bennett’s Paint and Glass 271.23; Bettolo, Pamela 47.26; Bicentennial Apt Village 20,427.00; Big Nickel 325.00; Big Nickel Clearinghouse 117.00; Bindertek 259.20; Blanksvard, Carl 104.21; Boschetto Apartments 631.00; Boyles, Jody 100.00; Brower Investments 405.00; Brower Investments 448.00; Brower Investments 48.00; BSI Services, Inc. 961.00; Bunning Transfer Co. 1,200.00; C.E.M. Maintenance 1,438.77; Callas, Michael 213.00; Canterbury, Richard A. 9.15; Casper Star Tribune 474.10; Chakor Publishing 350.00; Checker Auto Parts 209.06; Chematox Laboratory Inc. 150.00; City Auto Sales 1,294.46; Copyex LLC 126.40; Corporate Express 1,612.49; CPS Distributors Inc. 548.77; Crider, Duane 246.00; Crum Electric 2,850.73; Culligan Soft Water Service 87.75; Culp, Alesha 4.97; Cummins Intermountain 2,309.22; D-Mac Investments 450.00; Damschroder Sales & Dist Co. 65.65; Dell Marketing LP 3,161.38; Dial Oil, Inc. 12,342.63; Electrical Connections 1,868.00; Fastenal Company 194.03; FBI-Leeda 225.00; Fedex 32.10; Ferrero Electric 291.70; Franzen, Vicky 10.82; G&K Services 1,763.67; Gallery Outwest 47.82; Gentilini, Elsie 2.68; Gibbs, Rich 193.00; Giberson, Harold 110.00; Griffith, Gregory 100.00; Goodro, Brenda 1,697.66; Grainger, Inc. 670.10; Grand Junction Housing Authority 456.00; Grand Junction Housing Authority 30.89; Green River Glass & Lock 65.00; Gutierrez, Ana Maria 37.00; H.W.P., Inc. 607.17; Hafey Properties Ltd. Partnership 211.00; Hartley, Donald 87.51; Havener, Renee 18.27; Henley, Don or Angie 18.74; Heyborne, Radakovich Co., PC 2,200.00; High Security Lock & Alarm 760.00; Hillerich & Bradsby of Canada 670.51; Holmes, Gentry 46.00; Housing Authority of Salt Lake City 1,263.00; Housing Authority of Salt Lake City 30.88; Humboldt Industries, Inc. 322.78; Hurd, Jennifer & Caleb 24.72; Imperial Apts. 377.00; Imperial Plaza Apts. 10.00; Imperial Plaza Apts. 72.00; Intermountain Record Center 123.10; Izzo Golf, Inc. 762.00; James E. Phillips, P.C. 3,791.00; Jenkins Golf Accessories 2,073.26; JM Electrical Services 590.64; Johnstone Supply 168.00; Joint Powers Water Board 144,570.41; Kaman Industrial Technologies 1,815.94; Kannegieter, Tammy 290.25; Kasco 964.06; Kasseburg Canine Training Center 5,500.00; Kinderprint Co., Inc. 285.42; King Environmental Products 329.00; Kinnear, Kevin or Shellie 4.19; Knezovich, Charlene 15.00; Knezovich, Charlene 15.00; KRKK- AM/KQSW FM Radio 1,202.50; L&L Rentals 360.00; L&L Rentals 485.00; Lathrop Feed & Equipment 104.75; Lay, Walter 211.00; Leibee Precision Machine 60.00; Lewis & Lewis Inc. 575.00; Love, Sibyl 636.15; Lundell, Shara 19.00; Macy’s Truck Repair 239.26; Majhanovich, Richard 246.00; Marshall Industries 150.00; McCurtain Motors 175.04; McFadden Wholesale 4,213.76; McGovern, Gayle 92.09; Meadow Gold Dairies 272.40; Memorial Hospital of Swtr. Co. 397.95; Metro Animal Control & Welfare 150.00; Mitchell, Alike 37.00; Morcon Specialty Inc. 195.31; Mountain Mapping & Supply 54.00; Mountainaire Animal Clinic 30.00; Myers, Jessica 13.00; National Fire Protection Assoc. 406.65; Nelson Engineering 4,225.91; Nicholas & Company Inc. 335.76; Nicros, Inc. 239.07; Nike USA, Inc. 3,581.45; Niswender, Kelly & Carol 46.37; Norman, Tabitha 16.61; NRPA 150.00; Nu-Life Glass & Home 187.50; Nu-Tech Specialties 2,003.42; Ohana

Properties 23.00; Ohana Properties 234.00; Pacific Power & Light 46,538.43; Pacific Steel—Recycling 357.09; Pandalis, John 246.00; Pitts, Gail 415.00; Pivik, Frank 20.29; PMS Custom Screen Printing 807.00; Porenta, Ray 10.82; Postmaster 2,178.52; Power Systems, Inc. 773.62; Pro Mats 507.70; Pro-Shade 671.00; Process Applications 641.02; Quartermaster 116.50; Questar Gas 20,470.86; Questar Infocomm Inc. 125.00; Qwest 1,733.44; R.T. Rentals 300.00; Ray Allen Mfg Co., Inc. 424.80; Real Kleen Inc. 61.79; Red Oaks Concepts 984.04; Renz, Charles 11.21; Respond First Aid Systems 747.99; Robin Burns Enterprises, Inc. 65.62; Robinson, Scott 61.84; Robinson, Scott 76.04; R.S. Chamber of Commerce 9,062.50; Rock Springs Municipal Utilities 24,990.75; Rock Springs Winlectric 148.07; Rock Springs Winnelson Co. 1,879.88; Rocky Mountain Coatings LLC 900.00; Rocky Mtn Service Bureau 139.90; Rodzinak, John 10.82; Ron’s Ace Rental 1,127.60; Rost, Marlene 11.00; Sage Apartments 200.00; Schaeffer’s Mfg Company 934.07; Scott Machinery 105.13; Sears Commercial One 123.98; Shantz, Norman 240.00; Simons Petroleum 2,462.25; Sisneros, Maria 18.00; Six States Distributors 117.88; Skips Tire 448.00; Skyline Property Group LLC 409.00; Sloan, Melissa 20.00; Smyth Printing 458.84; Southwest Machine & Welding 45.00; Southwest Wyo Wool Warehouse 471.50; Spa World 56.90; Standard Plumbing 10.38; Superior Industrial Supply 201.08; Sweetwater County Treasurer 35.69; Sweetwater Ford 3,714.23; Sweetwater Heights 174.00; Sweetwater Heights 286.00; Sweetwater Heights 302.00; Sweetwater Plumbing & Htg. 361.58;Sweetwater TV Co. Inc. 635.87; Tate, David 58.26; Tegeler & Associates 574.00; Thatcher Company 3,861.00; The Buxton Company 10,000.00; The Network 862.50; The Wyoming Business Report 480.00; Three Sons 1,119.58; Three Sons, Inc. 10,076.25; Tire Den Inc. 2,860.44; Town Talk 433.11; Travel Management Agcy. 601.20; Treadway, Mark 89.44; Tri-Valley Distributing 191.41; Uhrig, Nikala 13.00;Ultimate Gym 176.50; United Parcel Service 65.26; United Reprographic Supply, Inc. 711.63; United States Welding Inc. 127.82; Upper Limits Fitness Warehouse 55.23; Utah Western Roofing 1,442.50; V-1 Oil Co. 489.82; Vaughn’s Plumbing 854.02; Virden, Judd 8.98; Webb, Tina 18.00; Wells Fargo Card Services, Inc. 1,990.12; Wells Fargo Remittance Center 1,400.02; Wendys 347.49; West Group Payment Center 211.50; Western Wyoming Beverage 35.00; Whisler Chevrolet Co. 185.82; Wilkinson, Kimberly 25.00; Wilson Golf Division 669.66; Wincraft, Inc. 1,020.69; Windwalkers 16.10; Wyo Conference Bldg Officials 310.00; Wyo Dept of Revenue & Taxation 484.31; Wyo Dept Transportation 12,985.92; Wyoming Com LLC 637.32; Wyoming Financial Insurance, Inc. 9,638.31; Wyoming Recreation & Parks Assoc. 25.00; Wyoming Trial Lawyers 75.00; Wyoming Waste 25.50; Wyoming Waste Systems 1,969.80; Wyoming Work Warehouse 344.46; Young Electric Sign Co. 59,705.00; Total 521,688.21

Report Checks for March

AFLAC Insurance Employee Premiums $ 1,727.02 Highmark Life & Casualty Employee Premiums 1,369.60 Equitable Life Employee Deferred 725.00 ICMA Retirement Corp Employee Deferred 8,176.56 Great-West Life & Annuity Employee Deferred 1,791.00 AFSCME Local #1004 Employee Dues 24.15 Colonial Life & Accident Employee Premiums 88.72 Wyo Child Support Enf. Child Support Payments 4,233.16 State of Idaho Child support Child Support Payments 249.00 RS Firefighter Assn #1499 Employee Dues 1,178.00 RS City Treasurer Employee BCBS Reimbursement 17,819.61 Wyoming Retirement System Group Life Employee Deduction 801.00 New York Life Insurance Employee Premiums 86.46 RS Police Protective Assoc Employee Dues 228.00 UMWA/OAW Local #4893 Employee Dues 950.36 UMWA/OAW Local #4893 Employee Annual Assessment 460.00 United Way of Swtr. Co. Employee Deductions 243.70 Wyo Retirement System Fire Benefit City/Emply 25,089.46 Wyo Workers Comp Employee Benefits 15,426.45 Wyo Workers Comp Work Restitution Workers 17.02 Wyo Workers Comp Volunteer Program 8.51 Wyo Retirement System Employee Benefits 50,874.76 Wyo Retirement System Law Enforcement 36,949.06 Swtr. Fed. Credit Union Employee Deductions 48,031.34 Internal Revenue Service Electronic Fund Transfer 115,308.27 Total $331,856.21

March 5 Salaries $543,285.77

Councilman Banks moved to approve the bills and claims for March 16 and the March 5 salaries. Seconded by Councilmember Gilbert. Motion carried unanimously.

UNFINISHED BUSINESS

A request for two part-time trainer positions at the family recreation center remained tabled.

NEW BUSINESS

Councilman Kourbelas moved to approve a request from the Police Department to apply for a Wyoming Department of Health, Substance Abuse Division grant to enforce underage drinking laws. Seconded by Councilman Shea. Motion carried unanimously.

Councilman Tate moved to approve a request from the Police Department to call for bids on two ½-ton pickup trucks. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Horn moved to table action on the FY2003 audit until council has had more time to review it. Mrs. Peterson apprised that the auditing firm of Hansen, Barnett & Maxwell will present the audit at a workshop if council so desires. She said that although the draft copy has been revised, the changes were minor. Councilman Horn stated he would still like time to study the audit before taking action. Councilmember Horn then moved to add it to the special council meeting on March 18. Seconded by Councilman Tate. Motion carried unanimously.

Councilman Horn moved to approve the following rental fees for the golf course clubhouse: clubhouse + banquet room--$300 plus $100 each additional day + $200 refundable cleaning deposit and $25/hour charge for rooms not cleaned by noon on the day following rental; small banquet room--$100 rental + $50 each additional day + $200 cleaning deposit and $25/hour charge for rooms not cleaned by noon on the day following rental. Seconded by Councilman Cheese. Motion carried unanimously.

Councilman Shea moved to approve a request from the Rock Springs Housing Authority to call for bids on installation of siding at Century Square. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilmember Gilbert moved to approve a request from Good Times, Inc. for a liquor catering permit for the Sweetwater County Gala on April 3 at the White Mountain Mall. Seconded by Councilman Porenta. Motion carried unanimously.

RESOLUTIONS

Councilman Kourbelas moved to remove Resolution 2004-41 from table. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried. Resolution 2004-41, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY DEVELOPMENT PLAN OF CEDAR SPRINGS SUBDIVISION (REVISED) AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING SUBMITTED BY HASKELL HOMES INC. AND COVERING A 27.79 ACRE TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE1/4) OF SECTION 33, TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE 6TH PRINCIPAL MERIDIAN, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas informed council that engineers for Cedar Springs Subdivision have revised the traffic flow concerns in Phase II of the subdivision and the revision was endorsed by Planning & Zoning. He moved to approve Resolution 2004-41. Seconded by Councilmember Gilbert. Vess Walker, director of public services, advised that drainage concerns have also been resolved. Upon roll call the

following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-47, A RESOLUTION APPROVING THE PROPOSITION FOR IMPOSITION OF A ONE-HALF CENT (0.5%) SPECIFIC PURPOSE EXCISE TAX IN SWEETWATER COUNTY, WYOMING, SAID PROPOSITION TO BE PLACED ON THE BALLOT AT THE TUESDAY, AUGUST 17, 2004 PRIMARY ELECTION, was read by title. Councilman Kourbelas refuted a comment made by Mr. Tiede earlier in the meeting in which he stated if this proposition is placed on the ballot “voters would be unable to think for themselves.” Councilman Kourbelas maintained that voters have no better forum than to be allowed to vote on such issues. He then moved to approve Resolution 2004-47. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-48, A RESOLUTION ACCEPTING AN EASEMENT DEED FROM JAMES E. AND JULIE V. LEVER, FOR THE PURPOSE OF MAINTAINING A STORM DRAIN SEWER LINE ON PROPERTY LOCATED WITHIN THE CITY OF ROCK SPRINGS, WYOMING, was read by title. Councilman Tate moved to approve Resolution 2004-48. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-49, A RESOLUTION TO TRANSFER BY QUITCLAIM DEED CITY PROPERTY LOCATED ALONG DEWAR DRIVE WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, TO JAMES E. AND JULIE V. LEVER, HUSBAND AND WIFE, SWEETWATER COUNTY, STATE OF WYOMING, was read by title. Councilman Banks moved to approve Resolution 2004-49. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-50, A RESOLUTION ACCEPTING AND APPROVING A HIGHWAY SAFETY GRANT AGREEMENT WITH THE WYOMING DEPARTMENT OF TRANSPORTATION, HIGHWAY SAFETY PROGRAM, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND MATT KESLAR, AS COMMANDER FOR THE POLICE DEPARTMENT OF THE CITY OF ROCK SPRINGS, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilman Kourbelas moved to approve Resolution 2004-50. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-51, A RESOLUTION ACCEPTING AND APPROVING A HIGHWAY SAFETY GRANT AGREEMENT WITH THE WYOMING DEPARTMENT OF TRANSPORTATION, HIGHWAY SAFETY PROGRAM, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND MATT KESLAR, AS COMMANDER FOR THE POLICE DEPARTMENT OF THE CITY OF ROCK SPRINGS, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilmember Gilbert moved to approve Resolution 2004-51. Seconded by Councilman Cheese. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-52, A RESOLUTION AUTHORIZING MICHAEL LOWELL, AS POLICE CHIEF OF THE ROCK SPRINGS POLICE DEPARTMENT, CITY OF ROCK SPRINGS, WYOMING, TO FILE AN APPLICATION FOR A FEDERAL HIDTA GRANT, was read by title. Councilman Kourbelas moved to approve Resolution 2004-52. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried. Councilman Horn moved to approve Resolution 2004-52.

Seconded by Councilman Tate. Upon roll cal the following voted in favor: Councilman Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-53, A RESOLUTION ACCEPTING AND APPROVING A FIREWORKS DISPLAY CONTRACT WITH FIREWORKS WEST INTERNATIONALE, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID DISPLAY CONTRACT ON BEHALF OF THE CITY, was read by title. Councilman Horn moved to approve Resolution 2004-53. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-54, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH DIAL OIL COMPANY, IN THE AMOUNT OF $158,618.00, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Porenta moved to approve Resolution 2004-54. Seconded by Councilman Horn. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-55, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH OAKRIDGE DEVELOPMENT, INC., IN THE AMOUNT OF $208,914.00, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Horn moved to approve Resolution 2004-55. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-56, A RESOLUTION ACCEPTING A COST-SHARE GRANT FROM THE WYOMING STATE FORESTRY DIVISION, was read by title. Councilman Cheese moved to approve Resolution 2004-56. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Housing Resolution 2004-57, A RESOLUTION ACCEPTING AND APPROVING THE 2004 ANNUAL PLAN FOR ROCK SPRINGS HOUSING AUTHORITY AND AUTHORIZING TIMOTHY A. KAUMO, ACTING IN HIS CAPACITY AS CHAIRMAN OF THE ROCK SPRINGS HOUSING BOARD, TO EXECUTE CERTIFICATIONS OF COMPLIANCE WITH THE PHA PLAN, was read by title. Councilman Kourbelas moved to approve Resolution 2004-57. Seconded by Councilman Porenta. Upon roll cal the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Housing Resolution 2004-58, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY S. KAUMO ACTING IN HIS CAPACITY AS CHAIRMAN OF THE HOUSING COMMISSION TO ACCEPT AND APPROVE A BUDGET SUBMITTED BY THE SUPERVISOR OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE ROCK SPRINGS HOUSING AUTHORITY’S SECTION 8 PROGRAM BICENTENNIAL VILLAGE II, PROJECT WY99-0019-001 FOR THE FISCAL YEAR ENDING JUNE 30, 2005, was read by title. Councilman Tate moved to approve Resolution 2004-58. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Housing Resolution 2004-59, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO ACTING IN HIS CAPACITY AS CHAIRMAN OF THE HOUSING COMMISSION TO ACCEPT AND APPROVE A BUDGET

SUBMITTED BY THE SUPERVISOR OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE ROCK SPRINGS HOUSING AUTHORITY’S SECTION 8 VOUCHER PROGRAM, PROJECT WY06V003001 FOR THE FISCAL YEAR ENDING JUNE 30, 2005, was read by title. Councilmember Gilbert move to approve Resolution 2004-59. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Housing Authority Resolution 2004-60, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO ACTING IN HIS CAPACITY AS CHAIRMAN OF THE HOUSING COMMISSION TO ACCEPT AND APPROVE A BUDGET SUBMITTED BY THE SUPERVISOR OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE ROCK SPRINGS HOUSING AUTHORITY’S LOW RENT PUBLIC HOUSING PROGRAM, PROJECT WY003003, FOR THE PERIOD ENDING JUNE 30, 2005, was read by title. Councilman Banks moved to approve Resolution 2004-60. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

ORDINANCES

Ordinance 2004-04, AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND VACATION OF A 20-FOOT (20’) GENERAL UTILITY EASEMENT LOCATED IN LOT 6 OF THE GATEWAY COMPLEX SUBDIVISION TO THE CITY OF ROCK SPRINGS, WYOMING, was placed on second reading and read by title.

Ordinance 2004-05, AN ORDINANCE ANNEXING AND INCORPORATING WITHIN THE CITY LIMITS OF THE CITY OF ROCK SPRINGS, WYOMING CERTAIN CONTIGUOUS AND ADJACENT AREAS FULLY HEREINAFTER SET FORTH, AND PROVIDING FOR ZONING DESIGNATIONS, was placed on second reading and read by title.

Ordinance 2004-06, AN ORDINANCE AMENDING ARTICLE 16-8 OF THE ORDINANCES OF THE CITY OF ROCK SPRINGS, WYOMING, ENTITLED, “IMPROVEMENTS,” was placed on first reading and read by title.

Ordinance 2004-07, AN ORDINANCE ANNEXING AND INCORPORATING WITHIN THE CITY LIMITS OF THE CITY OF ROCK SPRINGS, WYOMING CERTAIN CONTIGUOUS AND ADJACENT AREAS FULLY HEREINAFTER SET FORTH, AND PROVIDING FOR ZONING DESIGNATION, was placed on first reading and read by title.

EXECUTIVE SESSION

At 8:18 p.m. council adjourned to executive session to discuss a potential litigation. At 8:30 p.m. council reconvened.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 8:31 p.m.

XX6a

City council met in special session on March 18, 2004 to take action on the FY2003 audit and Resolution 2004-61 and for the second reading of Ordinance 2004-06. Mayor Kaumo called the meeting to order at 5:45 p.m. Members present included Councilmen John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo; absent: Steve Shea. Department heads present included

Vess Walker, Paul Kauchich and Dave Silovich. Also present were assistant city attorney Cliff Boevers and senior accountant Lisa Tarufelli.

In the absence of council president Steve Shea, Councilmember Gilbert nominated Councilman Cheese to serve as president pro tem. Seconded by Councilman Banks. Motion carried unanimously.

NEW BUSINESS

FY2003 Audit

Councilman Tate questioned a $5,000 difference for the same expenditure listed on pages 44 and 14 of the revised draft audit. Ms. Tarufelli explained that the amount has since been corrected on a revised version of the audit sent to the city this morning. She said the error reflected $5,000 in debt service that has been retired, but was erroneously listed twice on page 14.

Councilman Horn stated at the March 16 council meeting he was reluctant to accept the audit since the management letter on internal control was not included. He further opined that due to the delay in receiving the audit coupled with the extra work required of city staff in supplying the auditing firm with information, the cost of the audit should be discounted. He suggested another firm be hired next year. Mayor Kaumo responded that part of the delay was caused by new federal regulations mandated by GASB 64 accounting rules, which required extensive research. He maintained the quality of the auditing service would remain unknown until after a second year. Mrs. Tarufelli apprised council that the city entered into a one-year auditing agreement with the accounting firm of Hansen, Barnett and Maxwell with a two-year optional renewal.

Councilman Horn asked if council can be assured that the draft before them is the final draft. Mrs. Tarufelli responded that she is comfortable with the general fund portion, but she could not give assurance that the firm has made final corrections to the entire draft since she is still receiving corrected pages. Councilman Tate moved to table action until they are assured the final draft is received. Councilmember Gilbert seconded the motion. Motion carried unanimously.

RESOLUTIONS

Resolution 2004-61, A RESOLUTION ACCEPTING AND APPROVING A RESTAURANT/CONCESSION AREA LEASE FOR THE WHITE MOUNTAIN GOLF COURSE BETWEEN THE CITY OF ROCK SPRINGS AND MR. C’S, INC., AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID RESTAURANT/CONCESSION AREA LEASE ON BEHALF OF THE CITY, was read by title. Councilman Horn suggested that the word may in Section 1, p. 1 should be changed to will in the sentence, “Concessionaire may use the White Mountain Golf Course for the exclusive purpose of operating a refreshment cart, containing alcoholic beverages, which may travel to various locations on said golf course.” Director of Parks and Recreation Dave Silovich responded that he is comfortable with the language as written since either the cart or the 15th tee concession is required to be open during specified times. He noted that operational hours are specifically delineated in the contract, and if not followed, fines will be imposed.

Another question asked by Councilman Horn concerned the length of the contract. Mr. Silovich said after lengthy deliberation it was decided to make it a two-year lease with a 90-day cancellation clause. The cancellation could be effected in case a tenant is found to operate the clubhouse restaurant. Mr. Silovich also noted that proof of general liability and liquor liability must be presented to the city before the concessionaire can begin operations.

Mr. Silovich pointed out that the concessionaire may use the upstairs of the clubhouse to serve meals for city-sponsored activities such as Twilight Golf on Mondays,

Men’s Night on Wednesdays, club championship, etc. and is allowed to sell alcoholic beverages during those times. Councilman Kourbelas questioned whether the concession area is designated nonsmoking. Mr. Silovich said he recommends the entire downstairs concession area be designated nonsmoking since the room is too small to divide into both smoking and nonsmoking. Councilman Kourbelas moved to approve Resolution 2004-61 with the amendment that the concession area be designated nonsmoking. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, and Mayor Kaumo; absent: Councilman Shea. Motion carried.

ORDINANCES

Ordinance 2004-06, AN ORDINANCE AMENDING ARTICLE 16-8 OF THE ORDINANCES OF THE CITY OF ROCK SPRINGS, WYOMING ENTITLED, “IMPROVEMENTS,” was placed on second reading and read by title.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 6:13 p.m.

XX7

City council met in regular session on April 6, 2004 Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo; absent: Steve Shea. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Dave Silovich and Colleen Peterson.

Mayor Kaumo expressed condolences to the family of Mike Gaviotis for a death in their family. He also wished a speedy recovery to Very Rev. Lukas Kotzakis.

Councilman Cheese moved to nominate Councilman Kourbelas to serve as president pro tem in the absence of president Steve Shea. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Banks moved to accept the amended agenda. Seconded by Councilman Porenta. Motion carried unanimously.

Councilman Cheese moved to approve the minutes of the March 16 meeting and the March 18 special meeting. Seconded by Councilman Porenta. Motion carried unanimously.

APPOINTMENTS

President Kourbelas submitted the mayoral appointment of John Isaacson to serve on the Parks and Recreation Board. Councilman Porenta moved to approve the appointment. Seconded by Councilman Cheese. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, and Cheese; absent: Councilman Shea. Motion carried. The appointment was confirmed.

BID OPENING

Two Full Size Four-Door Crew Cab 4x4 Pickups—Police Department

McCurtain Motors, Inc. Rock Springs $42,694.00

2004 Asphalt Overlay Project

Lewis & Lewis,Inc. Rock Springs $560,085.00

The bids were accompanied with bid bonds. They were referred to the Police and Engineering Departments respectively for review and recommendation at a future council meeting.

PRESENTATIONS

Mayor Kaumo presented a proclamation to officers of the Rock Springs Resident Council declaring April as Fair Housing Month. He also presented a proclamation to Sharon Pribyl declaring April as Sexual Assault Awareness Month. Ms. Pribyl stated the YWCA continues to provide assistance and support to survivors of sexual assault crimes in light of the escalation of crimes. She said the YWCA recognizes the importance of educational programs to provide information about sexual assault prevention and invited the public to awareness activities to be held throughout the month.

PUBLIC HEARINGS

Request for Preliminary Development Plan, Including Preliminary Plat approval, for Summit View Estates, PUD, Filed by G. Kevin Keller

Bill Edwards, partner with Kevin Keller, advised that the proposed Summit View Estates Subdivision will consist of 140 lots to be constructed in two phases. He said the two- and three-bedroom town homes will be furnished with appliances and window treatments with landscaped front yards and fenced back yards. He said the development has been approved by Planning & Zoning and utility requirements have been worked through. He said the partnership is prepared to finance the extension of Cascade Drive beginning with the onset of the first phase.

Tim Stevenson, 3428 Monterey Drive, said he lives across from Cascade, and although he is not opposed to the land being developed, he is opposed to the plat for this planned unit development. He said from the drawings he has seen, he feels the houses are crammed together. He suggested that each lot size be increased and the number of houses within the subdivision reduced. He opined that buyers would rather pay a little more in exchange for bigger lots. Mr. Edwards responded that in order to provide affordable housing while maintaining proposed house sizes and necessary infrastructure for both the one- and two-level houses, it is necessary to make smaller lots. When asked, he said a ballpark figure for a lot and house is $135,000, which, he opined, is affordable to the average person. In addition, He maintained that with persistent drought conditions, most people do not want bigger lots. Nevertheless, Mr. Stevenson said most people do value privacy and reasoned that developers should try to uphold the integrity of the existing neighborhood.

When a question of zoning came up, city planner Laura Crandall explained that the existing R-3 zone will not change since a planned unit development is an overlay of the zoning district, which can vary from the standard as well as its status within the comprehensive plan. She said in a PUD smaller lot sizes are acceptable, but the developer must donate open space areas and must provide landscaping on each developed lot. In this case 1.47 acres of open space is required; the developers are donating 4.9 acres. Councilman Kourbelas pointed out that the area was zoned R-3 in the 1980s even before Westridge Subdivision was constructed.

Mayor Kaumo opined that the subdivision would be a great fit between the mobile homes to the west and Westridge Subdivision to the east. In addition, he said the completion of Cascade Drive would alleviate traffic going through Westridge. He said the subdivision will be fashioned after one in Cheyenne and claimed it will not drag down real estate values in the area. Again, Mr. Stevens argued that 12 feet between houses is pretty cramped. Mr. Edwards further stated that there is not much property available for building in Rock Springs, yet the demand for housing is great. Mayor Kaumo said regardless of the size of lots, care of the property by the owners will dictate how presentable they remain. Councilman Porenta asked who provides maintenance once the houses are built. Mr. Edwards said the homeowner is responsible. When asked if the houses are site built, Mr. Edwards responded for the most part, however, frame walls are built off-site and set with a small crane. Councilmember Gilbert asked how soon construction would begin. Mr. Edwards said the partners are working with JFC to begin immediately.

Andrea Domhoff read a letter from her father Olof Domhoff, 3422 Monterey Drive, in which he expressed concern about the small size of the lots and their proximity to each other. He encouraged the developers to consider downsizing by reducing the number of houses by 10 to 15. In addition, he said an influx of people to this neighborhood would flood an already over-crowded grade school.

Councilman Cheese asked if the city has plans to pave Sweetwater Drive from White Mountain Library to Cascade Drive. Mayor Kaumo said he believes that stretch is on the overlay project and since the road lies partially in the county, they may be willing to share in its cost. With regard to school overcrowding, he noted that the school district may soon opt to re-open one of the schools on the east end of town.

With increased development in Rock Springs, Councilmember Gilbert asked if sewer capacity is adequate. Director of public services Vess Walker said although the plant is nearing limits, it can accommodate flows this year. It is anticipated that increased flows will be addressed through current design work and plant expansion plans given that all new construction will not be immediate, but rather scattered over the next 24 months.

Action to be taken under Resolution 2004-63

Request for Preliminary Development Plan Approval for Bitter Creek Bend Subdivision Filed by Doud, BTS

There were no comments. Action to be taken under Resolution 2004-64.

Amendments to the Budget for Fiscal Year Ending June 30, 2004

There were no comments. Action to be taken under Resolution 2004-68.

Application for Transfer of Ownership of Restaurant Liquor License Owned by Frank W. Lew dba Lew’s Family Restaurant to Franklin Restaurant, Inc. dba Lew’s Family Restaurant.

Councilman Horn moved to approve the applications. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Cheese, Tate, Kourbelas, and Mayor Kaumo; absent: Councilman Shea. Motion carried.

Application for Transfer of Ownership of Restaurant Liquor License Owned by David S. Lew dba Renegade Café to Renegade Partnership dba Renegade Café

Councilman Banks moved to approve the application. Seconded by Councilman Horn. Upon roll call the following voted in favor: Councilmen Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo; absent: Councilman Shea. Motion carried.

PETITIONS

Curfew Ordinance

Bruce Crow, Sweetwater County School District No. 1 Independence High School instructor, introduced a petition requested by his government students. He said as a group project the students are seeking a change to the city’s curfew laws for youth 16 years of age and older. They asked that the hours be changed to conform to Green River’s, i.e. from 10 p.m. to 6 a.m. to 11:30 p.m. to 5 a.m. Sunday through Thursday and from 12 a.m. to 6 a.m. on Fridays and Saturdays to 12:30 a.m. to 5:00 a.m. on all non-school days. Several students including Andrea Domhoff, Mary Schaefer and Zachary Eaton explained that many students work late hours, have responsibilities toward parents requiring medical attention, attend school activities that run late or attend a late movie, all of which exceed curfew hours. Following discussion in which Chief of Police Mike Lowell advised that some of these issues are already addressed in the ordinance, the request was referred to the Youth Council for their recommendation. Mayor Kaumo thanked the students for taking an active role in government.

Request to Clear Property of Large Rocks

Rev. Bobby Ashley, pastor of the New Hope Baptist Church, 513 G Street, solicited help from the city in removing rocks from church property in exchange for property previously deeded to the city. He said the space is being used by the public school as a bus stop and parents use the church’s parking lot to drop off their children. He said if the ground was leveled, there would be more room for his parishioners as well as for public uses. Councilman Kourbelas requested the city’s engineering department to get a cost estimate to do the work. He also asked if the church would then be willing to put in a sidewalk. Mayor Kaumo said a meeting with those involved could be arranged to discuss this further. Councilmember Gilbert added that liability issues also need to be addressed.

Loading/Unloading Zone at Catholic School

Alerica Martin, representing the Holy Spirit Catholic School, asked permission for a loading/unloading zone for one hour in the morning and one hour in the afternoon during the school term while children are being dropped off and picked up. She also requested a flashing yellow light on A Street. Mayor Kaumo said the highway department will address the latter request at the time the new overpass is built. Councilman Kourbelas moved to designate an unloading zone during specified times. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, and Mayor Kaumo; absent: Councilman Shea. Motion carried.

OFFICERS AND STAFF REPORTS

Outlaw Symposium

Rock Springs Museum historical coordinator, Bob Nelson, apprised council of a Butch Cassidy/Wild Bunch Symposium from June 17-19. He said he, together

with Ruth Lauritzen of the Sweetwater County Museum, in partnership with the Rock Springs Chamber of Commerce, BOCES and Western Wyoming Community College, have put together the first of what they hope to be an annual gathering of outlaw enthusiasts. The two-day affair will include round table discussions, the movie, Butch Cassidy and the Sundance Kid, a trip to Brown’s Park and a BBQ. He said the response so far has exceeded expectations--four speakers were being sought; ten applications were received.

COUNCIL COMMITTEE AND BOARD REPORTS

Wyoming Association of Municipalities Board Meeting

Councilmember Gilbert reported that she will attend the WAM board meeting in Gillette on April 14. She asked the governing body to let her know of any concerns or suggestions that she can present to the board so they in turn can be presented at the WAM general meeting in June.

Joint Powers Hospital Board

Councilman Horn reported that the hospital board is proceeding with the loan application to the U.S. Department of Housing and Urban Development. HUD will send representatives to Rock Springs in a few weeks to review the application

CORRESPONDENCE

The following correspondence was presented: 1. the Annual Drinking Water Quality Report submitted by the GR/RS/SW County Joint Powers Water Board; 2. a notice from YWCA of the Lee Mun Wah documentary and diversity training at WWCC; 3. a notice from the Wyoming Business Council of the board’s meeting to consider applications for the Young at Heart senior citizens center planning-only grant and Rat Fink Choppers technical assistance grant; 4. an invitation from Entrega Gas Pipeline Inc. to an open house to explain their proposed pipeline; 5. a letter from the U.S. Department of Agriculture soliciting comments on changes to off-highway vehicle use proposed for Ashley National Forest; 6. a letter from the U.S. Department of Interior requesting comment on scoping notices for the Scotty Lake coalbed natural gas pilot project and for the Hay Reservoir unit natural gas infill development plan; 7. an announcement from Western Wyoming Community College of the women’s fair on April 15 and 16; 8. a notice from the Wyoming Association of Housing & Redevelopment of their statewide housing conference on July 15; 9. a solicitation from the WAM nominating committee for nominees to the WAM board; 10. a notice from Big Sky Transportation Co. of their proposal to provide essential air service to points in Wyoming; 11. a notice from the Environmental Quality Council of a public hearing regarding water quality rules; 12. a request for impact data from Commissioner John Pallesen; 13. a request from the R.S. Chamber of Commerce Ambassadors for their budgeted appropriation for 2004 International Day; 14. a thank you from the Holy Spirit Catholic School for the city’s donation to the celebrity auction; and 15. a thank you from the Sweetwater County events complex staff for arranging trash collection at the complex the weekend of March 27. Councilman Porenta moved to accept the correspondence and place it on file. Seconded by Councilmember Gilbert. Motion carried unanimously.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

A&G Plumbing $ 75.00 Ace Equipment Co. 569.15 Albertsons Food Center 653.72 Allen, Kelsey 84.00 Allen, Kim 161.00 American Assoc of Museums 75.00 American Chemicals, Inc. 282.75 American Red Cross 36.00 Anderson, Eric 55.80 Apco, Inc. 2,517.50 Aspen Publishers, Inc. 439.34 Atco International 100.50 Attn: Fingerprint Services 135.00 Awards Unlimited 27.35 Baker-Collins, Brenda 15.34 Big Nickel 55.00 Bike & Trike 949.65 Bloedorn Lumber 513.89 Blue Cross-Blue Shield 21,551.92 Bowker Construction 300.00 Brower Investments -405.00 Brower Investments -448.00 Brower Investments -48.00 Brown, Shawn 224.00 C.W. Silver Ind. Services 500.00 Callaway Golf 844.88 Campbells Plumbing 6,500.00 Capital Cleaners 250.00 Case, Stephen 150.00 Caudell, Mike 105.00 CDW Government, Inc. 1,720.45 Center Street 77 Service 120.00 Chesnovar, Bob 180.00 Christensen, Curt 77.10 CIT Group/Commercial Service 1,972.41 City of Rock Springs 191,598.27 Collins, Bruce 90.00 Communication Technologies 84.50 Cooper Energy Services 307.50 Copyex LLC 85.00 CPS Distributors Inc. 888.67 Cross, Kourtney 70.00 CWAM 30.00 Dann & Meacham 1,700.00 Davis Enterprizes 145.00 DeBernardi Construction Co. 78,769.80 Dell Marketing LP 1,667.36 Department of Family Services 40.00 Dewey, Denise R. 420.00 Digital Select 29.98 Division of Criminal Investigation 17,000.00 Dominos 335.52 Eagle Uniform 243.32 Eighty-Four Lumber Ind Accts 5.29 Eisinger Smith 967.66 Emerald Isle, Ltd. 4,433.48 Emergency Medical Prod., Inc. 336.94 Equifax Credit Information 5.00 Erwin, Deb 120.00 Fastenal Company 593.89 Ferrero Electric 581.35 Fiesler, Jake 50.00 Fitness Wholesale 183.45 FNW 3205 297.08

Foot Joy 5,810.99 Gateway Companies Inc. 126.95 Gentle Touch Dry Cleaning 54.50 GLS 150.38 Grainger, Inc. 953.07 Griffith, Gregory 30.00 Gunyan, Jack 210.00 H & H Business Systems Inc. 75.00 Hach Chemical 659.40 High Desert Construction, LLC 1,887.75 High Plains Construction, Inc. 111,420.00 Highmark Life Insurance Co. 761.58 Holden, Mike 210.00 Holmes, Gentry 46.00 Honnen Equipment Co. 71.55 Horrocks Engineers, Inc. 6,052.37 Hose & Rubber Supply 8.67 Infinity Power & Controls 650.00 International Code Council, Inc. 158.99 Jasman, Keith 16.61 JFC Engineers, Architects, Surveyors 4,276.50 Jim’s Upholstery 60.00 Jirdon Agri Chemical Inc. 3,785.20 JM Electrical Services 142.48 Kasseburg Canine Training 649.00 Kopy Korner 633.99 L.L. Johnson Distributing 1,213.07 L.N. Curtis & Sons 140.00 Lansang, Andrew 91.00 Layos Inc. 2,572.50 Lewis Tree Service 5,030.00 Love, John 228.24 Love, John 108.06 Lynn Peavey Company 418.00 Lyon Netowrk Services 1,837.50 Lyon, Carolee 91.00 Maska US Inc. 101.06 Mattinson, Kevin 120.00 McGrew, Elwin 157.00 McLeod USA 792.73 Memorial Hospital of Swtr. Co. 300.00 Microwave Specialties, Inc. 989.00 Millipore Corporation 1,862.02 Morgantown National Supply 88.20 Mountainaire Animal Clinic 90.00 Mountainland Fire Protection 532.85 Muniz, Nathan 30.00 Muniz, Nolan 210.00 Murray, Kelly 70.00 Nautilus/Schwinn Fitness Group 299.96 Nelson Engineering 4,522.57 New Studio 288.81 Nickel Ridge Portables 190.00 Northwestern University 157.50 Nu-Tech Specialties 2,947.87 Old Dominion Brush 1,343.01 Omlan, Tim 225.00 Orkin Exterminating 103.14 Pacific Power & Light 17,327.18 Page & Tuttle 743.92 Parton, Robert 164.95 Pioneer Gasket Co. 32.50 Pitney Bowes 885.00 Plummer, Deborah 150.00

PMS Custom Screen Printing 4,631.50 Postage by Phone 1,200.00 Postmaster 2,186.62 Prange, Audrey 28.35 Pro to Pro 651.65 Process Applications 320.51 Public Safety Warehouse 56.95 Questar Gas 14,510.14 Qwest 5,234.91 Ray Allen Mfg Co., Inc. 35.45 Real Kleen Inc. 132.92 Reekers, Steve 28.19 Reeves, Karen 9.36 Renz, Charles -11.21 Reyes, Rudy 165.00 Robinson, Tim 34.23 Rock Springs Chamber of Commerce 10,000.00 Rock Springs Hide & Fur 25.92 Rock Springs IV Center 454.01 Rock Springs Newspapers 4,282.53 Rock Springs Recycling Center 3,750.00 Rock Springs Winnelson Co. 4,227.09 Rosette, Bill 95.00 Rosette, Keri 70.00 Sage Partners, LLC 48.00 Schumacher, Brian 91.00 Schumacher, Daniel 98.00 Seals, Nick 50.00 Sears Commercial One 1,479.99 Seton Identification Products 222.21 Shahan Weed & Pest Control 125.00 Sherwin Williams 234.00 Sheshunoff Ino Services Inc. 326.95 Six States Distributors 223.01 Smyth Printing 1,489.53 Standard Plumbing 258.36 Sterling Communications 147.50 Sun Mountain Sports 1,187.02 Sunrise Engineering, Inc. 3,780.09 Superior Lumber Co. 363.81 Surfaces Inc. 1,800.00 Sweetwater County Clerk 33.00 Sweetwater County Health Dept 138.00 Sweetwater Plumb & Htg. 18.27 Sweetwater TV Co. Inc. 25.00 Tabuchi, Doug 25.00 Taylor Made Golf Co., Inc. 5,523.92 Thatcher Company 1,554.80 The Candy Basket 179.92 The Wyoming Business Report 480.00 Thompson Publishing Group 359.00 Tip-Top Cleaners 15.00 Tire Den Inc. 1,872.14 Titleist 4,894.19 Todd, Mike 15.00 Tom’s Wyoming Glass 985.00 Tomahawk Live Trap Co. 360.63 Transportation Supplies Inc. 2,195.00 Trujillo, Jerry 135.00 Turf Equipment and Irrigation 9,150.00 UBTA-UBET Communications 184.75 Union Pacific Railroad 100.00 Union Telephone 29.80 United Parcel Service 56.80

V-1 Oil Co. 109.21 Vaughn’s Plumbing 330.00 Venture Marketing 489.00 Verizon Wireless 1,968.91 Vermont Systems, Inc. 18,290.38 Vision West 50.00 Volleyball Magazine 34.00 Walmart Community Brc 2,595.85 Waters, Dale 210.00 Webb, Regina 150.00 West Group Payment Center 1,347.09 West, Keaton 98.00 Western Wyomign Beverage 143.00 Western Wyoming college 79.00 White, Monte 11.21 Wilkinson, Charles Jr. 420.00 Williams, Penny 150.00 Wolverine Distributing 62.09 Wright, Will 210.00 WRLA 200.00 WRMA 200.00 Wyo Assoc. Rural Water Systems 480.00 Wyoming Com LLC 570.75 Wyoming Dept of Agriculture 100.00 Wyoming Fire Chiefs Assoc 80.00 Wyoming Historical Society 56.15 Wyoming Law Enf Academy 228.00 Wyoming Machinery 872.08 Wyoming Medical Center 69.00 Wyoming Rec & Parks Assoc. 25.00 Wyoming Work Warehouse 241.95 Young Electric Sign Co. 414.00 Zamboni & Co., Inc. 78.03 Zanetti, Leslie 60.00 2004 APCO NC Regional Conference 95.00 Total $649,665.94

Report Checks for March 19

Employee Garnishments Employee Deductions $ 269.74 Internal Revenue Service Electronic Fund Transfer 82,037.05 Swtr. Fed. Credit Union Employee Deductions 27,316.52 Wyoming Child Support Child Support Payments 2,735.67 Idaho Child Support Child Support Payments 249.00 Total $112,607.98

March 19 Salaries $334,488.47

Councilmember Gilbert moved to approve the bills and claims for April 6 and the March 19 salaries. Seconded by Councilman Porenta. Motion carried unanimously.

UNFINISHED BUSINESS

The request for two part-time trainer positions at the family recreation center remained tabled

NEW BUSINESS

Councilman Tate moved to approve the city’s fiscal year 2003 audit. Seconded by Councilman Kourbelas. Motion carried unanimously.

Councilman Porenta moved to approve requests from the Department of Engineering and Operations for permission to call for bids on the 2004 paint striping project and permission to fill a vacant Civil Engineer II position. Seconded by Councilman Banks. Motion carried unanimously.

Councilman Kourbelas moved to approve a request from the Recreation Department to fill a vacant irrigation specialist position at the golf course and to make the White Mountain golf course clubhouse a non-smoking facility. Seconded by Councilman Cheese. Motion carried unanimously.

Councilmember Gilbert moved to approve requests from the Fire Department to host the Region 4 (Southwest Wyoming) hazardous materials team for the purpose of coordinating efforts to continue work with the Office of Homeland Security and for permission to apply for an Assistance to Firefighters grant. Seconded by Councilman Kourbelas. Motion carried unanimously.

Councilman Banks moved to approve a request from the Department of Public Services for permission to call for bids on replacement water and sewer lines on Second Street. Seconded by Councilman Cheese. Motion carried unanimously.

Councilmember Gilbert moved to acknowledge Wyoming Community Development Authority’s call for comments regarding the low-income housing tax credit Bicentennial Apartment Village renovation project as proposed by Bicentennial Apartment Village Associates, LLC. Seconded by Councilman Banks. Motion carried unanimously.

Councilman Horn moved to approve a request from Black Rock Inc. for a liquor catering permit for a pool tournament from April 7 through April 11 at the events complex. Seconded by Councilman Porenta. Motion carried unanimously.

Councilman Kourbelas moved to approve a request from Mr. C’s for a malt beverage permit for events at the golf course on April 7, 9, 10, 11, 14, 16, 17 and 18. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Horn moved to approve a request from the Society of Petroleum Engineers for a malt beverage permit for the Ninth Annual Crawfish and Shrimp Boil at the events complex on April 24. Seconded by Councilman Banks. Motion carried unanimously.

Questions arose regarding a request for a malt beverage permit for an Aaron Watson concert at the civic center on May 7 and whether security arrangements have been made. Micheal Muniz, the petitioner, said he plans to hire off-duty officers. Before taking action on the request, Councilman Kourbelas asked that Mr. Muniz meet with Police Chief Lowell and the director of parks and recreation, Dave Silovich, to solidify plans. He then moved to table the request until the April 20 council meeting. Seconded by Councilman Gilbert. Motion carried.

RESOLUTIONS

Resolution 2004-62, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO ACCEPT A GRANT FROM THE EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, OFFICE OF NATIONAL

DRUG CONTROL POLICY, FOR SUPPORT OF THE WYOMING CENTRAL ENFORCEMENT TEAM INITIATIVE(S) AT THE ROCKY MOUNTAIN HIGH INTENSITY DRUG TRAFFICKING AREA, was read by title. Councilman Kourbelas moved to approve Resolution 2004-62. Seconded by Councilman Horn. Upon roll call the following voted in favor: Councilmen Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo; absent: Councilman Shea. Motion carried.

Resolution 2004-63, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY DEVELOPMENT PLAN, INCLUDING PRELIMINARY PLAT, FOR SUMMIT VIEW ESTATES, A PLANNED UNIT DEVELOPMENT WITHIN THE CORPORATE LIMITS OF THE CITY OF ROCK SPRIGNS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY G. KEVIN KELLER, AND COVERING A 21.06-ACRE TRACT SITUATED IN BLOCK 9 OF THE MOUNTAIN VIEW SUBDIVISION, SWEETWATER COUNTY, WYOMING, was read by title. Councilmember Gilbert moved to approve Resolution 2004-63. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, and Cheese; abstained: Mayor Kaumo; absent: Councilman Shea. Motion carried.

Resolution 2004-64, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY DEVELOPMENT PLAN OF BITTER CREEK BEND SUBDIVISION AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY DOUD, BTS, AND COVERING A 12.262-ACRE TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 3, RESURVEY TOWNSHIP 18 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Cheese moved to approve Resolution 2004-64. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Porenta, Horn, Banks, and Gilbert; abstained: Mayor Kaumo; absent: Councilman Shea.

Resolution 2004-65, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY PLAT OF CEDAR SPRINGS SUBDIVISION AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY HASKELL HOMES, COVERING A 25.87-ACRE TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE1/4) OF SECTION 33, TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE 6TH PRINCIPAL MERIDIAN, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-65. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Cheese, Tate, Kourbelas, and Mayor Kaumo; absent: Councilman Shea. Motion carried.

Resolution 2004-66, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY PLAT OF GASES PLUS SUBDIVISION AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY REAL ESTATE PLUS, LLC, COVERING A T.241-ACRE TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER (NW ¼) OF SECTION 26, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Horn moved to approve Resolution 2004-66. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen

Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, and Porenta; abstained: Mayor Kaumo; absent: Councilman Shea. Motion carried.

Resolution 2004-67, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF GASES PLUS SUBDIVISION, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY REAL ESTATE PLUS, LLC, COVERING A 5.241-ACRE TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER (NW ¼) OF SECTION 26, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Banks moved to approve Resolution 2004-67. Seconded by Councilman Horn. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, and Cheese; abstained: Mayor Kaumo; absent: Councilman Shea. Motion carried.

Resolution 2004-68, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO ACCEPT AND APPROVE A BUDGET REVISION TO THE BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2004, was read by title. Councilman Kourbelas moved to approve Resolution 2004- 68. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo; absent: Councilman Shea. Motion carried.

Resolution 2004-69, A RESOLUTION ACCEPTING AND APPROVING A COMMERCIAL CONTRACT AND BULLETING CONTRACT WITH THE LAMAR COMPANIES, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY, was read by title. Councilman Horn moved to approve Resolution 2004-69. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Cheese, Tate, Kourbelas, and Mayor Kaumo; absent: Councilman Shea. Motion carried.

Resolution 2004-70, A RESOLUTION ACCEPTING AND APPROVING A CONCESSION STAND AGREEMENT WITH THE ROCK SPRINGS LITTLE LEAGUE BASEBALL, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilman Cheese moved to approve Resolution 2004-70. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo; absent: Councilman Shea. Motion carried.

Resolution 2004-71, A RESOLUTION ADOPTING A NOTICE OF PRIVACY PRACTICES-PROTECTED HEALTH INFORMATION TO COMPLY WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA), was read by title. Councilman Kourbelas moved to approve Resolution 2004-71. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, and Mayor Kaumo; absent: Councilman Shea. Motion carried.

Resolution 2004-72, A RESOLUTION ACCEPTING AND APPROVING A U.S. DEPARTMENT OF JUSTICE, OFFICE FOR DOMESTIC PREPAREDNESS, FY 2004 STATE HOMELAND SECURITY GRANT, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE A GRANT AWARENESS AGREEMENT ON BEHALF OF SAID CITY, was read by title. Councilmember Gilbert moved to approve Resolution 2004-72. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo; absent: Councilman Shea. Motion carried.

ORDINANCES

Ordinance 2004-04, AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND VACATION OF A 20-FOOT (20’) GENERAL UTILITY EASEMENT LOCATED IN LOT 6 OF THE GATEWAY COMPLEX SUBDIVISION TO THE CITY OF ROCK SPRINGS, WYOMING, was placed on third reading and read by title. Councilman Horn moved to approve Ordinance 2004-04. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo; absent: Councilman Shea. Motion carried.

Ordinance 2004-05, AN ORDINANCE ANNEXING AND INCORPORATING WITHIN THE CITY LIMITS OF THE CITY OF ROCK SPRINGS, WYOMING CERTAIN CONTIGUOUS AND ADJACENT AREAS FULLY HEREINAFTER SET FORTH, AND PROVIDING FOR ZONING DESIGNATIONS, was placed on third reading and read by title. Councilmember Gilbert moved to approve Ordinance 2004-05. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Cheese, Tate, Kourbelas, and Mayor Kaumo; absent: Councilman Shea. Motion carried.

Ordinance 2004-06, AN ORDINANCE AMENDING ARTICLE 16-8 OF THE ORDINANCES OF THE CITY OF ROCK SPRINGS, WYOMING, ENTITLED, “IMPROVEMENTS,” was placed on third reading and read by title. Councilman Porenta moved to approve Ordinance 2004-06. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo; absent: Councilman Shea. Motin carried.

Ordinance 2004-07, AN ORDINANCE ANNEXING AND INCORPORATING WITHIN THE CITY LIMITS OF THE CITY OF ROCK SPRINGS, WYOMING CERTAIN CONTIGUOUS AND ADJACENT AREAS FULLY HEREINAFTER SET FORTH, AND PROVIDING FOR ZONING DESIGNATION, was placed on second reading and read by title.

Ordinance 2004-08, AN ORDINANCE REZONING A PARCEL OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, LOCATED IN THE NORTHWEST QUARTER (NW ¼) OF SECTION 26, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF B-2 (COMMUNITY BUSINESS) TO THE ZONING DESIGNATION OF I-1 (LIGHT INDUSTRIAL), was placed on first reading and read by title.

EXECUTIVE SESSION

At 9:00 p.m. council adjourned to executive session to discuss litigation. At 10:30 p.m. council reconvened. No action was taken.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 10:31 p.m.

XX7a

City council held a workshop on April 12, 2004 at 6:00 p.m. to review the proposed preliminary budget for fiscal year ending June 30, 2005. Council members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, and Mayor Tim Kaumo; absent: Kent Porenta. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson. Senior accountant Lisa Tarufelli was also present.

Pat Robbins, director of SWEDA, and Dave Hanks, CEO of the Rock Springs Chamber of Commerce, presented their requests. Ms. Robbins asked for a 3% increase to the $20,000 received in fiscal year 2004. She also requested their disbursement to be handled in the same manner as other service organizations. That is, to be paid quarterly rather than on an expense-paid basis. Mr. Hanks did not request increased funding for the next fiscal year although he expressed hope that $6,125 tentatively budgeted for a feasibility study for a High Desert interpretive project in conjunction with a CDBG grant would remain intact. He said in lieu of asking for additional funding, the chamber will seek new members.

There were no other petitioners.

Faced with a preliminary budget carrying a $3.5 million deficit, council discussed several line items that could conceivably be trimmed. However, the only cut made was $500,000 which was to be placed in a reserve account for a HVAC system at city hall.

With the approaching boom, the ability to balance increased services while maintaining the present citywide work force was a concern. Projected expenditures under scrutiny included a roof replacement project at city hall; an increase to the police force including associated expenses within the Police Department and jail facility; a reserve account to replace a data processing mainframe along with software licenses and maintenance; construction of the A Street viaduct; overlays to streets and machinery for grounds maintenance at the cemetery; revamping the Kiwanis ball field dugout; increased projections for oil and gas purchases in municipal court for the work restitution program; equipment purchases for the Parks and Recreation Department; a replacement furnace and printing expenses for the museum.

Councilman Kourbelas asked that in light of the deficit, old equipment be maintained rather than new equipment purchased; however, if new equipment is absolutely critical, lease/purchase arrangements could be an option. He also stated that his highest priority at this time is public safety.

Mayor Kaumo emphasized his wish to retain all personnel provided work is performed in the most efficient manner. He urged supervisors to eliminate or cut

overtime wherever possible. It remained undecided how many three-month seasonal employees could be hired.

Fire Chief Sarff said that although the Fire Department’s training line item has been significantly reduced, he has mixed feelings whether such a cut is wise. Mayor Kaumo noted that with city growth on the west end of town, it is apparent a fire station will eventually be needed in that area.

One suggestion for generating revenues was to raise golf course fees. Councilman Kourbelas stated a true analysis needs to be conducted to see how Rock Springs’ fees compare. Other suggestions for preserving cash included monitoring purchases and to lessen reserves. Mayor Kaumo said three factors will be kept in mind to get a head start on balancing the budget next year: 1. tightening expenditures; 2. working with the state to try to get additional revenues; and 3. increasing revenues.

Mrs. Peterson apprised council that before the preliminary budget is presented, revenue projections could conceivably be adjusted upwards as updated sales tax revenue data becomes available. In the meantime, she asked department heads to carefully scrutinize expenditure projections for their departments prior to the next workshop scheduled for April 22, and she asked council for direction in the type of reserves they are willing to use to bring a balanced budget.

The workshop ended at 8:10 p.m.

XX8

City council met in regular session on April 20, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson.

Councilman Kourbelas moved to accept the amended agenda. Seconded by Councilman Shea. Motion carried unanimously.

Councilman Shea moved to approve the minutes of the April 6 council meeting and the April 12 budget workshop. Seconded by Councilmember Gilbert. Motion carried unanimously.

APPOINTMENTS

President Shea submitted mayoral appointments of Brad Sarff and Steve Shea to serve second three-year terms on the Joint Powers Fiber Optics Telecommunications Board. Councilmember Gilbert moved to approve the appointments. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, and Shea. Motion carried.

President Shea submitted mayoral appointments of Neil Kourbelas, David Tate and John Cheese to serve on the UMWA Union Negotiations Committee and to add the committee to the list of council standing committees. Councilmember Gilbert moved to approve the appointments and to add the union committee as a standing committee. Seconded by Councilman Horn. Upon roll call the following

voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, and Gilbert. Motion carried. President Shea confirmed the appointments.

BID OPENINGS

2004 Crack Sealing

Knudsen Asphalt Maintenance Reliance, WY $29,160.00

Second Street Water/Sewer Upgrade

Jackman Construction Inc. Rock Springs $164,150.00

2004 Slurry Sealing

Granite Construction Salt Lake City $ 28,239.70 Kilgore Paving & Maintenance No. Salt Lake City 28,586.64

Renovation of Public Housing Units at Century Square

PDQ Rock Springs $ 96,529.00 American Roofing Company Salt Lake City 171,476.00 Forest Line Construction Sandy, UT 140,025.11

All bids were accompanied with bid bonds. They were referred to respective departments for review and recommendation at a future council meeting.

COMMENDATION

William A.Thompson recommended the city undertake a project initiated by Green River resident Harry Holler to honor the city’s men and women serving in the armed services. The project involves sending T-shirts and plaques to all Rock Springs military personnel currently serving in the war zone as well as giving a T-shirt to all who have served in the Middle East and have returned home. Mr. Holler said he wants to let our service people know they are appreciated and to let those serving in Iraq, Afghanistan and Kosovo know they haven’t been forgotten. He said the cost to do this would be $6 for each shirt and each plaque. He said Charlie Strickney of Flying Eagle Gallery designed similar T-shirts for Green River and Mike Frink of Sweetwater Trophies made plaques. Mr. Holler then introduced Mr. Frink, who outlined his plan to present Rock Springs with a large plaque honoring troops from Rock Springs serving in Operation Iraqi Freedom as his token of thanks for their service to our country. Mayor Kaumo thanked him for his generous gift.

PUBLIC HEARINGS

Request for Preliminary Development Plan Approval for Mountain Shadows Subdivision, Phase 2 Filed by JFC Engineers Representing Legacy Builders.

There were no comments. Action to be taken under Resolution 2004-80.

Application for a New Restaurant Liquor License Filed by Mr. C’s, Inc. dba Bogeys

Councilman Shea moved to approve the application. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

PETITIONS

1. A complaint about pigeon droppings along South Main and Bank Court was received from Stephen K. Palmer. He asked the city to require owners of abandoned buildings in that area to take steps to keep pigeons out of their buildings. Discussion followed regarding the nuisance the birds create. Mayor Kaumo said he will discuss possible remedial options with the nuisance inspector.

2. Michael Alley, owner of High Country Hearing Center, requested a handicapped parking space in front of his business at 514 Broadway. Director of Engineering Paul Kauchich said it would be appropriate to put a handicapped parking space in front of the audiology office since there are none in that block. Councilman Banks moved to approve the request. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas and Mayor Kaumo. Motion carried.

OFFICERS AND STAFF REPORTS

Councilman Cheese moved to approve the Animal Control Report for March, the health insurance fund recap for March, and the financial reports for March. Seconded by Councilman Shea. Motion carried unanimously.

COUNCIL COMMITTEE AND BOARD REPORTS

Parks and Recreation Board

Councilman Kourbelas reported on the following Parks and Recreation Board recommendations:

Day Care Center

1. Following receipt of a petition signed by 150 people, the board recommends establishing a day care center on a six-month trial basis between the hours of 9 a.m. until noon Mondays through Fridays beginning in October. The proposal requires hiring two part-time employees at approximately $6 per hour. The charge for care would be $2/hour/child. Councilman Kourbelas said the cost effectiveness of the program would be analyzed after three months of operation. Councilman Banks asked the reason for the selected hours. Councilman Kourbelas answered that following research it was determined those hours coincided with classes women wanted to take and in the evening there may not be a need for the service. Director of parks and recreation, Dave Silovich, added that the hours are on an experimental basis only. Councilman Banks also asked why the recommended hours at the recreation facility were extended to 9 p.m. Mr. Silovich answered that the extra hours would accommodate shift workers. Councilman Horn opined that the city should not compete with the private sector in providing this service. Mayor Kaumo noted the service would be available to patrons, only while they are using the facility.

Civic Center Gym Rental

2. The board recommends raising the civic center gym rental fee from $365 to $450. Councilman Kourbelas said the fee would bring the rate in line with similar rentals in the city. Councilman Horn agreed with the raise in fees stating that the city’s rent should be higher to avoid competing with private business. Action will be taken under “New Business.”

Civic Center Kitchen Lease

3. Councilman Kourbelas said the Parks and Recreation Board voted to deny lease of the civic center kitchen during the morning hours as proposed by a private contractor even though the contractor would yield to other events. The board concluded that the smell of cooking would not be conducive to exercise and feared the number of clientele may decrease. In addition, they agreed a contract could not be awarded without being bid. Councilman Horn moved to deny the request. Seconded by Councilmember Gilbert. Motion carried unanimously

Summer Hours and Indoor Recreation Centers

4. The board proposed that both the civic center and recreation center operate under modified summer hours seven days a week rather than having each center operate on alternate days since dissimilar programs are offered at each center. Other reasons were the proximity of centers for individuals who do not have transportation and the tendency for patrons to lose interest when programs are not offered consistently. Action to be taken under “New Business.”

Indoor Recreation Programs

5. The recreation board endorsed the following recommendations: a. a senior walking program at the civic center; b. a teen weight lifting program at the civic center; and c. a personal training program at the recreation center. Councilman Kourbelas stated a proposal was made to the board by Jane Harris and Tanya Fitschen to hire part-time personal trainers at the recreation center as a draw for members who may otherwise be intimidated by group workouts. He said the program would help clients achieve health and fitness goals on an individual basis. It is estimated revenues would offset expenditures. The board felt the addition of personal trainers would better utilize the recreation center. Action to be taken under “Unfinished Business.”

WAM Board Meeting Update

Councilmember Gilbert reported that the WAM board discussed many issues affecting municipalities. She said WAM president George Parks singled out Rock Springs for their efforts in getting the revenue bill passed during the legislative session. She said WAM plans to continue work on this behalf. The board is seeking reinforcement of cities’ and counties’ needs to present at the next legislative session. WAM will circulate a questionnaire seeking information on the impact of de- earmarking.

She said the board also discussed the need for energy efficiency and noted that a WAM no-interest revolving loan is available to cities for such. The board also discussed water conservation plans to help with drought conditions that may last until 2007. She said the board also discussed a pending gubernatorial task force appointment to address local needs. Other issues discussed were backflow problems on water lines and concerns with Wyolink in smaller communities.

Joint Powers Telecommunications Board

Councilman Shea reported that the telecommunications board met last week and accepted their audit. He advised that two resolutions will be available in the near future. One, an agreement between the two cities addressing legal issues. The other, a resolution of support from the city of Rock Springs with no backstop.

CORRESPONDENCE

The following correspondence was submitted:

1. a notice of an April 22 Jail Task Force meeting: 2. a request from the Wyoming Rural Development Council for applications for their Planned Approach to Community Entrepreneurship (PACE) pilot project. (Councilman Horn moved to appoint Councilman Banks to the PACE pilot project. Seconded by Councilman Shea. Motion carried); 3. An application from WAM for the city’s official voting delegate and alternate for the 2004 annual WAM convention. (Councilman Porenta moved to nominate Councilmember Gilbert and Councilman Cheese to serve as voting delegate and alternate voting delegate respectively to the WAM convention. Seconded by Councilman Tate. Motion carried unanimously); 4. a notice from BLM of a management forum regarding oil, gas and trona resources in the Known Sodium Lease Area (KSLA) of the Green River Basin; 5. an announcement from United Way of Sweetwater County for Helping Hands Day; 6. a notice from Western Wyoming Community College of a lecture by Rev. Dr. Frederick Quinn speaking on Islam and Christianity; 7. a letter from Judy Chapman regarding traffic problems at the Gateway/Dewar Drive intersection; and 8. a letter from Karla Roich regarding the need for better traffic control and drainage at the Gateway/Dewar Drive intersection. (See discussion below). Councilman Shea moved to accept the correspondence and place it on file. Seconded by Councilman Banks. Motion carried unanimously. Mayor Kaumo said he has asked WYDOT, as owner of Dewar Drive, to make a public awareness statement regarding plans for the intersection. Councilman Kourbelas asked if the city is making sure accesses onto Gateway are not overloaded. City engineering Paul Kauchich responded that at this time the city is waiting to hear if it has been awarded a Business Ready Community grant to extend Gateway. In the meantime, he said staff weighs each request for an access to make sure it is not too close to the intersection. He said there’s nothing the city can do about the Dewar Drive/Gateway intersection itself since it doesn’t own it. Councilman Kourbelas warned that each new business that goes into the east side of Gateway makes the Dewar Drive service road more hazardous. Mayor Kaumo stated WYDOT is studying options to ameliorate the situation. Councilmember Gilbert said many residents of the Bluffs are concerned that traffic in that area will increase once Gateway is extended. She also suggested exits from the service road onto Gateway be made right turns only. Councilman Porenta noted WYDOT plans to meet with the county and city to formulate future transportation plans.

Councilman Horn stated people are using Skyline Road to avoid the congestion on Gateway, but after the road was cut for a water line it is in disrepair. Mr. Kauchich said he has contacted Jackman Construction to make the repairs following their College Hill waterline construction project. If he doesn’t comply, money will be used from his retainage to make the repairs.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

A. Daigger & Company, Inc. $ 5,127.00 AG& Plumbing 110.00 AAA Sign Company 66.00 Ace hardware 8,994.91 Acker, Linda 22.62 Adbay.Com 1,665.00 Adler, Sadie 18.00 Advanced Automotive 398.70

Advanced Tele Systems 40.00 Alpine Office Supply 1,141.06 Alum-I-Life, Inc. 10,405.22 Ameri-Tech Equip. Co. 154.58 American Red Cross 36.00 Anderson, Sheri 8.00 Anthem Sports, LLC 55.95 Archibald, Travis 18.00 Arrowhead Scientific, Inc. 90.55 Atwood, Frieda 37.00 Auto Parts Unlimited 844.96 Bauer Nike Hockey USA Inc. 191.73 Becker Fire Equipment Co. 241.92 Bennett’s Paint and Glass 293.34 Bicentennial Apt Village 20,346.00 Big Horn Roofing 152,211.98 Boschetto Apartments 263.00 Bowker Construction 337.50 C.E.M. Maintenance 4,230.90 Callas, Michael 213.00 Callaway Golf 8,943.96 CDW Government, Inc. 425.39 Center Street 66 Service 88.00 Central States Fire Apparatus 40.21 Century Equipment Co. 505.15 Century Martial Art Supply 411.57 Chematox Laboratory Inc. 1,200.00 CIT GroupCommercial Service 580.85 City Auto Sales 1,155.21 Coastal Netting 1,326.12 Copier & Supply Co. 3.17 Copyex LLC 123.11 Corporate Express 1,001.29 Corporate Express Imaging 489.38 CPS Distributors Inc. 3,041.34 Crider, Duane 246.00 Crum Electric 4,336.04 Culligan Soft Water Service 140.25 D-Mac Investments 450.00 Davis, Keith & Cheryl 1,856.76 DeBernardi Construction Co. 164,513.22 Dell Marketing LP 1,481.72 Dex Media East LLC 17.39 Dial Oil, Inc. 12,319.39 Dodson, Stephen 90.14 Dons RV & Repair 72.69 Eagle Uniform 100.10 Ecological Laboratories, Inc. 1,006.11 Electrical Service & Products FLLC 5,595.00 Ensignal 19.95 Falcon Pump & Supply 338.11 Fedex 32.34 FNW 3205 4,289.00 Gale, Ronald 8.98 Galls Inc. 352.98 Garner, Shane & Deanne 28.32 General Electric Supply 770.00 Gibbs, Rich 193.00 Giberson, Harold 110.00 Grainger, Inc. 46.80 Grand Junction Housing Auth. 456.00 Grand Junction Housing Auth. 30.89 Gutierrez, Ana Maria 37.00 Hafey Properties Ltd Partnership 211.00

Hall, Ron 420.00 Harris International, Inc. 609.60 Harsha, Brenda 17.00 Healthy Learning -114.45 Heaton, Kirk G. 35.11 Hejna Jr., Joseph 27.46 Heyborne, Radakovich Co., PC 1,700.00 High Desert Construction, LLC 4,713.55 High Security Lock & Alarm 117.10 Hitchcock, James & Debra 4.81 Holmes, Gentry 46.00 Hotsy Intermountain 230.00 Housing Authority of Salt Lake City 1,263.00 Housing Authority of Salt Lake City 30.88 Howard Supply Co. 226.05 Hulen, William 119.88 HYKO 103.61 Ideal Products, Inc. 6,060.00 Imperial Apartments 377.00 Imperial Plaza Apartments 110.00 Imperial Plaza Apartments 72.00 Intermountain Golf Cars, Inc. 30.80 Jackman Construction, Inc. 165,273.57 James E. Phillips, P.C. 2,413.38 Jansa, Valerie 27.50 Jenkins Golf Accessories 332.26 JFC Engineers 13,086.25 Jirdon Agri Chem Inc. 141.07 JM Electrical Services 1,235.05 Joint Powers Water Board 153,426.72 Kappes, Henry 40.82 Kauchich, Paul 10.15 Keslar, Matthew 17.00 Kiggins, Mike 4.61 Killam, Carla 75.00 King Electric 1,440.38 Kittrell 231.95 Kopy Korner 78.43 KRKK-AM/KQSW FM Radio 1,202.50 Kwik Clean 100.00 L&L Rentals 485.00 Lab Safety Supply, Inc. 777.42 Laerdal Medical Corp 292.36 Lathrop Feed & Equipment 1,319.80 Lay, Walter 211.00 Lewis & Lewis Inc. 997.12 Lewis Tree Service 165.00 Long, Mike & Denice 19.17 Lynn Peavey Company 149.35 M & N International 276.06 Macy’s Truck Repair 67.05 Majhanovich, Richard 246.00 Martinez, Melissa 37.00 McCurtain Motors 615.96 McFadden Wholesale 6,333.11 McGee Company 737.47 McGrew, Elwin 157.00 Meadow Gold Dairies 271.35 Memorial Hosp of Swtr. Co. 447.95 Mission Hockey 432.84 Missouri Turf Paint 1,246.40 Mitchell, Alike 37.00 Morcon specialty Inc. 397.52 Mountain States Supply 430.23

Mountainland Fire Protection 1,021.80 Myers, Jessica 13.00 Nike USA, Inc. 1,233.82 Nu-Life Glass & Home 175.64 Nu-Tech Specialties 2,883.81 Ohana Properties 234.00 Ohana Properties 23.00 Old Dominion Brush 2,525.40 Orlie’s Refrigeration & Htg. 55.25 P.J. Lamana, Inc. 450.00 Pacific Power & Light 51,499.23 Pacific Steel—Recycling 740.30 Palko, George 20.82 Pandalis, John 246.00 Penno, Bryan & Tanya 8.18 Petek, Russ 7.95 Peterson, Tracy & Joel 3.65 Ping 4,939.33 Ping 148.15 Ping 705.06 Pioneer Gasket Co. 15.00 Pitney Bowes 89.98 Pitts, Gail 303.00 Postmaster 150.00 Power Engineering Co. 451.38 Pro-Shade 169.00 Questar Gas 9,133.19 Questar Infocomm Inc. 125.00 Qwest 4,493.62 R.T. Rentals 19.00 R.T. Rentals 300.00 Ray Allen Mfg. Co., Inc. 23.95 Ray, Mechonhpec 41.00 Real Kleen Inc. 66.76 Refrigeration Service Engineer 96.00 Respond First Aid Systems 601.08 Robin Burns Enterprises, Inc. 1,157.55 Rock Springs Humane Society 40.00 Rock Springs Municipal Utilities 20,792.60 Rock Springs Newspapers 410.40 Rock Springs Winnelson Co. 4,359.46 Rocky Mountain Coatings LLC 2,249.00 Rocky Mtn Service Bureau 123.55 Rost, Marlene 11.00 Ruiz, Amanda 20.00 Sage Partners, LLC 48.00 Schnauber, John 507.50 Schools Facilities Commission 50.00 Sears Commercial One 344.70 Seton Identification Products 4.97 Shantz, Norman 240.00 Sherwin Williams 412.75 Simons Petroleum 2,594.40 Sisneros, Maria 18.00 Skips Tire 14.00 Skyline Property Group, LLC 409.00 Sloan, Milissa 13.00 Smith, Brian K. 6.20 Smiths Division-Kroger Co. 62.79 Smyth Printing 119.28 Southwest Machine & Weld 60.00 Spa World 55.00 Spellman, Burke & Rebecca .98 Star Trnasit 72.00

Starman Jr. Ada 21.64 Sterling Communications 125.00 Storey, Jim 5.70 Superior Lumber Co. 443.93 Sweetwater Community Nursing 720.00 Sweetwater County Health Dept 318.00 Sweetwater County Treasurer 44.85 Sweetwater Ford 143.22 Sweetwater Heights 174.00 Sweetwater Heights 286.00 Sweetwater Heights 302.00 Sweetwater Plumb & Htg. 36.81 Sweetwater School District #1 2,764.79 Sweetwater TV Co Inc. 186.53 Taylor Made Golf Co., Inc. 101.82 Taylor, Jennifer Cramer/Joshua 18.76 Thatcher Company 3,234.00 The Candy Basket 163.55 The Network 862.50 Three Sons 4,543.28 Three Sons, Inc. 40,889.50 Titleist 8,767.62 To Golf 2,148.30 Trans Equip & Supply 361.22 Turf Equipment and Irrigation 357.08 U.S. Tech 553.40 Unisen, Inc. 1,433.62 United Parcel Service 81.59 United States Welding Inc. 16.99 Uremovich, Nick 20.62 Utility Technical Service 2,085.13 V-1 Oil Co. 171.29 Van Diest Supply Company 1,962.10 Vaughn’s Plumbing 11,013.05 Veco USA, Inc. 1,328.00 Verdicon 5,430.30 Western Wyoming Beverage 140.00 Wilkinson, Kimberly 25.00 Wyo Dept of Revenue & Taxation 460.58 Wyo Department Transportation 7,023.70 Wyoming Analytical Labs 190.00 Wyoming Com LLC 570.75 Wyoming Medical Center 33.00 Wyoming Overhead Doors 846.49 Wyoming Rents LLC 465.75 Wyoming Water Assoc 300.00 Yarker, Jalynn 17.00 Zep Mfg Co. 631.00 Total $1,016,559.99

Report Checks for April

AFLAC Insurance Employee Prem,iums $ 1,727.02 Highmark Life & Casualty Employee Premiums 1,384.80 Equitable Life Employee Deferred 725.00 ICMA Retirement Corp. Employee Deferred 7,826.51 Great-West Life & Annuity Employee Deferred 1,791.00 AFSCME Local #1004 Employee Dues 24.15 Colonial Life & Accident Employee Premiums 88.72 Wyo Child Support Enf Child support Payments 4,341.44 State of Idaho Child Support Cyild Support Payments 249.00 RS Firefighter Assn #1499 Employee Dues 1,178.00 Clerk of Circuit Court Employee Garnishments 246.97

RS City Treasurer Employee BCBS Reimb. 17,748.09 Wyo Retirement System Group Life Employee Deduc. 801.00 New York Life Insurance Employee Premiums 86.46 RS Police Protective Assoc. Employee Dues 380.00 UMWA/OAW Local #4893 Employee Dues 971.02 United Way of Swtr. Co. Employee Deductions 243.70 Waddell & Reed Finan Svcs. Section 529 Plan 100.00 Wyoming Retirement System Fire Benefit City/Emply 25,715.59 Wyoming Workers Comp Employee Benefits 15,882.71 Wyoming Workers Comp Work Restitution Workers 51.07 Wyoming Workers Comp Volunteer Program 8.51 Wyoming Retirement System Employee Benefits 50,323.45 Wyoming Retirement System Law Enforcement 37,431.30 Sweetwater Fed. Credit Union Employee Deductions 47,749.30 Internal Revenue Service Electronic Fund Transfer 121,383.79 Total $338,458.60

April 5 Salaries $571,273.94

Councilmember Gilbert moved to approve the bills and claims for April 20 and the April 5 salaries. Seconded by Councilman Banks. Motion carried unanimously.

UNFINISHED BUSINESS

Part-Time Personal Trainer

Councilman Shea moved to remove the request for two part-time personal trainer positions at the family recreation center from table. Seconded by Councilman Porenta. Motion carried. Councilman Cheese voted in opposition. Councilman Porenta moved to approve the request. Seconded by Councilman Banks.

Councilman Porenta stated that although he is not opposed to having personal trainers at the recreation center, budget dictates otherwise and he cannot support adding two new employees at this time. He said fall would be a better time to implement the program. Councilmember Gilbert agreed stating she is opposed to adding employees until a budget is in place and revenues from sales taxes begin to climb. Councilman Shea suggested that the request be placed back on table until the budget is finalized. Mayor Kaumo advocated that the program is anticipated to be self-supporting. Councilman Kourbelas said the study is based on good concepts, but if the program is not implemented, the outcome will never be known. He said if the plan does not meet expectations after several months, it will be considered unworkable. He said both the Parks and Recreation Board and the subcommittee spent numerous hours developing the program, and he urged council to consider it. Councilmember Gilbert said she appreciates the time spent on the program, but until the budget is finalized, she feels it is too speculative.

Councilman Horn said he is concerned that a personal trainer position does not fall under a regular position for liability coverage since it is a professional position and would instead require malpractice insurance. City attorney Vince Crow said staff addressed concerns regarding releases and waivers, but an assessment has not been made as far as liability insurance. Mayor Kaumo stated he would hate to see this issue fail at this point. Upon roll call the following voted in favor: Concilmen Shea, Kourbelas, and Mayor Kaumo; opposed: Councilmen Gilbert, Banks, Horn, Porenta, Cheese, and Tate. Motion defeated.

Request for Malt Beverage Permit

Councilman Kourbelas moved to remove a request from Micheal R. Muniz for a malt beverage permit from table. Seconded by Councilman Porenta. Motion carried unanimously. Mr. Muniz stated he has hired Sgt. Hansen to provide security for the Aaron Watson concert and dance on May 7 and he has made reservations at the civic center. When asked about parking, Mr. Muniz said it should not pose any more of a problem than weddings or boxing matches held there. Councilmember Gilbert moved to approve the request. Seconded by Councilman Banks. Motion carried unanimously.

NEW BUSINESS

Broadway Street Parking

Consideration was given to a request from the Engineering and Operations Department to change parking on Broadway between C and F Streets from diagonal to parallel. City engineer Paul Kauchich presented three parking scenarios: 1. parallel on both sides (27 existing spaces lost); 2. parallel on the north side and diagonal on the south side (10 existing spaces lost); and 3. diagonal on the north side and parallel on south side (17 existing spaces lost). He recommended option No. 2. Councilman Shea stated the reason for the change is to accommodate traffic during reconstruction of the A Street viaduct scheduled for construction in spring of 2005. Councilman Shea moved to accept the recommendation. Seconded by Councilman Kourbelas. Before voting, Councilmember Gilbert suggested adding one parallel space at the corner of Broadway and C Street on the south side of Broadway. Mr. Kauchich said he will study her recommendation. Motion carried unanimously.

Parks and Recreation Board Recommendations

Councilman Porenta moved to approve a recommendation from the Parks and Recreation Board to increase daily civic center gym rental fees from $365 to $450 and to accept the recommended summer and summer holiday hours beginning Memorial Day weekend through the Labor Day weekend. Seconded by Councilmember Gilbert. Motion carried unanimously.

Police Department Request

Councilman Shea moved to approve a request from the Police Department to fill a vacant police officer position. Seconded by Councilman Cheese. Motion carried unanimously.

Public Requests

Councilman Horn moved to approve a request from the Shriners Club for closure of B Street, Broadway and North Front on June 19 from 9:30 a.m. to approximately 11:30 a.m. for a parade. Seconded by Councilman Cheese. Motion carried unanimously.

Councilmember Gilbert moved to approve a request from the Sweetwater County Events Complex for malt beverage permits for stock car races on May 15, 22, June 5, 12, 19, July 4, 10, 17, 24, August 21, 27,and 28; the Sweetwater County Fair on August 3, 4, 5, 6, and 7; the Demolition Derby on August 13 and 14; and arena cross on November 5, 6, December 3 and 4. Seconded by Councilman Horn. Motion carried. Councilmen Porenta and Banks abstained.

RESOLUTIONS

Resolution 2004-73, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH MCCURTAIN MOTORS, 1900 FOOTHILL BOULEVARD, ROCK SPRINGS, WY 82901, IN THE AMOUNT OF $42,694.00, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Kourbelas moved to approve Resolution 2004-73. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Housing Resolution 2004-74, A RESOLUTION ACCEPTING AND APPROVING CHANGE ORDER NO. 1 WITH INDO-AMERICAN ENGINEERING, INC., P.O. BOX 1813, ROCK SPRINGS, WYOMING 82902 IN THE AMOUNT OF $21,348.84 FOR ADDITIONAL ENGINEERING FOR THE SIDING PROJECT AT THOMPSON HEIGHTS AND AUTHORIZING TIMOTHY A. KAUMO IN HIS CAPACITY AS CHAIRMAN OF THE HOUSING COMMISSION TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE HOUSING AUTHORITY, was read by title. Councilmember Gilbert moved to approve Resolution 2004-74. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Porenta, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo; opposed: Councilman Horn. Motion carried.

Housing Resolution 2004-75, A RESOLUTION ACCEPTING AND APPROVING CHANGE ORDER NO. 1 WITH ALUM-I-LIFE, INC., 3637 SOUTH 300 WEST, SALT LAKE CITY, UTAH 84115 IN THE AMOUNT OF $861.16 TO DECREASE THE ORIGINAL CONTRACT FOR WORK AT THOMPSON HEIGHTS ON THE SIDING CONTRACT AND AUTHORIZING TIMOTHY A. KAUMO IN HIS CAPACITY AS CHAIRMAN OF THE HOUSING COMMISSION, TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE ROCK SPRINGS HOUSING AUTHORITY, was read by title. Mrs. Peterson explained that during installation of siding it was found that windows had previously been installed wrong requiring additional materials and labor to complete the project. However, the amount of bid quantities exceeded actual quantities used by $861.16. Councilman Shea moved to approve Housing Resolution 2004-75. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Housing Resolution 2004-76, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT FOR THE SUM OF $15,000 WITH INDO- AMERICAN ENGINEERING, INC., P.O. BOX 1813, ROCK SPRINGS, WY 82902, TO PROVIDE ARCHITECTURAL AND ENGINEERING SERVICES FOR THE ROCK SPRINGS HOUSING AUTHORITY AND AUTHORIZING TIMOTHY A. KAUMO, AS CHAIRMAN OF THE HOUSING COMMISSION, TO EXECUTE SAID CONTRACT ON BEHALF OF THE ROCK SPRINGS HOUSING AUTHORITY, was read by title. Councilman Horn questioned why outside engineers need to be hired to oversee this contract when city inspectors could do the work. Mrs. Peterson responded that HUD requires housing authorities to hire engineers and architects to design and monitor construction projects. She noted that this “siding” project evolved to more of a renovation project due to previous construction problems. Mr. Dinesh Sheth, president of Indo-American, said the complexity of this project requires engineering expertise. Councilman Horn asked who drew up the specifications originally. Mrs. Peterson said originally Indo- American drafted the specifications for siding at both Century Square and Thompson Heights, but a subsequent shortfall in HUD funding in 2003 left enough money to complete only one of the complexes. HUD has since determined that since part of

the engineering work has already been done, it makes sense to continue. Councilman Shea moved to approve Resolution 2004-76. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-77, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH LEWIS & LEWIS, INC., 370 BLAIRTOWN-FLAMING GORGE ROAD, ROCK SPRINGS, WY 82901, IN THE AMOUNT OF $560,085.00, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Horn moved to approve Resolution 2004-77. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-78, A RESOLUTION ACCEPTING AND APROVING A PROPOSAL FROM WYORADIO TO TRADE ADVERTISING FOR GREEN FEES AND RECREATION PASSES AT THE WHITE MOUNTAIN GOLF COURSE AND ROCK SPRINGS FAMILY RECREATION CENTER, was read by title. Councilman Banks moved to approve Resolution 2004-78. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-79, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY PLAT OF HUNTER’S RIDGE SUBDIVISION, PHASES 6-9, AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY HUNTER’S RIDGE DEVELOPMENT, AND COVERING A 15.86-ACRE TRACT OF LAND SITUATED IN FEDERAL LOT 7 OF SECTION 28, TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilmember Gilbert moved to approve Resolution 2004-79. Seconded by Councilman Horn. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, and Shea. Abstained: Mayor Kaumo.

Resolution 2004-80, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY DEVELOPMENT PLAN OF MOUNTAIN SHADOWS SUBDIVISION, PHASE 2, AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, AND COVERING A 2.710-ACRE TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Shea moved to approve Resolution 2004-80. Seconded by Councilman Cheese. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, and Gilbert; abstained: Mayor Kaumo. Motion carried.

ORDINANCES

Ordinance 2004-07, AN ORDINANCE ANNEXING AND INCORPORATING WITHIN THE CITY LIMITS OF THE CITY OF ROCK SPRINGS, WYOMING CERTAIN CONTIGUOUS AND ADJACENT AREAS FULLY HEREINAFTER SET FORTH, AND PROVIDING FOR ZONING

DESIGNATION, was placed on third reading and read by title. Councilman Horn moved to approve Ordinance 2004-07. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, and Kourbelas; abstained: Mayor Kaumo. Motion carried.

Ordinance 2004-08, AN ORDINANCE REZONING A PARCEL OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, LOCATED IN THE NORTHWEST QUARTER (NW ¼) OF SECTION 26, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF B-2 (COMMUNITY BUSINESS) TO THE ZONING DESIGNATION OF I-1 (LIGHT INDUSTRIAL), was placed on second reading and read by title.

Ordinance 2004-09, AN ORDINANCE AMENDING SECTION 802(d)2. OF THE PERSONNEL POLICIES AND PROCEDURES OF THE CITY OF ROCK SPRINGS, WHICH SECTION PERTAINS TO COMP TIME, was placed on first reading and read by title.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 9:11 p.m.

XX8a

City council held a workshop on April 22, 2004 at 7:00 p.m. to again review the proposed preliminary budget for fiscal year ending June 30, 2005. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich, Colleen Peterson, and Dan Erramouspe. Lisa Tarufelli, senior accountant, was also present.

At this time, the preliminary budget is out of balance by $1.02 million. The workshop was called to consider additional cuts

Discussion began with a lengthy discussion regarding options to fund the sewer plant expansion. The following was considered: raising sewer use fees incrementally over the next several years, not raising use fees this year, but increasing them by 25% next year, adding a ½-cent capital facilities tax initiative to the ballot, and seeking creative methods for defeasing loan indebtedness. Implementation of each option was also discussed, however, a final conclusion was not reached. The state will be consulted to glean available methods for paying back debt on loans.

Specific details of departmental budgets were then discussed at length. Council’s general consensus was that with the impending growth of the city, the highest budget priorities should be police protection and safety of citizens.

The following additions were highly recommended:

Proposed Budget Item Cost

Add positions for five police officers, Police Records Tech I, Communications 534,435.23 Officer I, Detention Officer I, and Police Sergeant **

Add a part-time supervisor position at the recreation center 20,052.00

Add one lifeguard position 18,520.00

Reclassify Building Maintenance Mechanic II in Housing Department to 4,129.16 Building Maintenance Supervisor

Reclassify Custodian in Housing Department to Building Maintenance 1,742.45 Mechanic I

Reclassify Building Maintenance Mechanic I in Housing Department to 2,137.79 Building Maintenance Mechanic II

Contribution to Youth Home 8,000.00 Mayor and Council Concrete Replacement by Wards 100,000.00 Pool Slide at YWCA Springland Park 7,000.00 Membrane liner for Lake #6 at Golf Course. $6,000.00 Total Additions $702,016.63

** If these positions are added, Attorney Crow stated an additional position in the attorney’s office as well as an extra judge would be justified.

The following deletions were made:

Sound system in council chambers* 15,000.00 Columbarium for burial of cremated remains at cemetery $25,000.00 Total Deleted $40,000.00

* Take out $15,000 and keep $5,000 for camcorder to enhance TV reception of council meetings. (This will alleviate the need to pay cameramen to operate cameras at $25 per person per council meeting.)

The following items were discussed and continue to be studied:

• Leaving three-month, summer employee positions as budgeted, and consider grant monies for the five part-time cemetery positions.

• Addition of 12 replacement vehicles to the police fleet.

• Addition of a 38-hour part-time personal trainer position at the recreation center. City attorney Crow said he will research if liability insurance is available for this position.

• $228,000 was budgeted for all Parks and Recreation Department equipment purchases including replacement equipment at the golf course. A lease/purchase option is being researched.

• Leaving part-time civic center and recreation receptionist positions as part- time. Could cut back on hours and add another part-time receptionist at both facilities.

• A budgeted amount of $50,000 for equipment and facilities to be placed in a Fire Department sinking fund for fire engine replacement when necessary.

• The budgeted amount of $37,000 in the Fire Department to purchase a new one-ton truck for plowing snow and for off-road emergencies. Mayor Kaumo suggested buying a used vehicle from a Utah outlet instead.

• Retain $220,000 budgeted for Foothill Bike Path (TEAL grant--necessary to budget full amount, but will only spend 25%.)

• Retain $80,000 budgeted for joint powers telecommunications project.

At the conclusion of the workshop the total out-of balance had grown to approximately $1.67 million. If the budget cannot be balanced prior to July 1, a resolution will be drafted to allow a portion of the current $4.6 million in reserves to be used. Councilman Kourbelas concluded that in light of the federal mineral royalties de-earmarking, the city’s related impact, and budget tightening over the past few years, the negative balance is understandable.

The workshop ended at 10:25 p.m.

XX9

City council met in regular session on May 4, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson.

Council members and department heads introduced their student job shadows. Those in attendance included Megan Baker, Johnathan McBee, Robert Tabuchi, Hope Beges, Kelly Gray, Torie Allgaier, Greg Canestrini, and Chris Parton. Councilman Kourbelas noted the job shadow program will be suspended over the summer. He said seventh graders in the program will serve again next year, but this year’s eighth graders will have graduated from the program.

Councilman Banks moved to approve the amended agenda. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Cheese moved to approve the April 20 council minutes and the April 22 budget workshop minutes. Seconded by Councilman Tate. Motion carried unanimously.

APPOINTMENTS

President Shea submitted names of mayoral appointments to serve second three-year terms on specified boards and committees.

Councilmember Gilbert moved to approve the appointment of John Gatti to the Board of Adjustment. Seconded by Councilman Cheese. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, and Shea. Motion carried.

Councilman Tate moved to approve the appointment of Mary Sue Simmerman to the Police Civil Service Commission. Seconded by Councilmember

Gilbert. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, and Gilbert. Motion carried.

Councilman Banks moved to approve the appointment of Gloria Moss to the Community Development Committee. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, and Kourbelas. Motion carried.

Councilman Kourbelas moved to approve the appointment of Mike Haden and Richard T. Matthews, Jr. to the Building Code Appeals Board. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, and Porenta. Motion carried.

President Shea confirmed the appointments.

COMMENDATION

Mayor Kaumo presented Brenda Baker-Collins and Jessie Gil tokens of appreciation for having been selected sworn employee and civilian employee respectively of the Police Department for the first quarter of 2004. He thanked them for their accomplishments and dedication to the city.

Mayor Kaumo presented Pfc. Luke Murcray with a plaque for his service with the U.S. Army in Operation Iraqi Freedom and for his role in protecting the freedom of Americans.

PRESENTATION

Four Western Wyoming College students from Tom Coverdale’s economic class presented a comparison report resulting from a practical application activity they conducted on commodity food costs at four local grocery stores between March 22 and April 7. They presented the methodology, assumptions, and hypotheses used in their study and found the average cost of selected basic commodities sold at the four stores was $23.47 compared to $25.40 for the same commodities in the Consumer Price Index (CPI). They found that prices at each store were lower than the CPI, with Walmart’s total price for the selected commodities the lowest at $22.01.

PUBLIC HEARINGS

1. Request for Preliminary Development Plan Approval for Aspen View Estates Subdivision, Filed by Bob Volcic

There were no comments. Action to be taken under Resolution 2004-81.

2. Request to Amend the Official Zoning Map of the City by Rezoning a 13.34-Acre Parcel Proposed by Sands Investment Subdivision from R-1 (Low Density Residential) and R-4 (Medium Density Residential) to R-2 (Low Density Residential) Filed by Gerry Fedrizzi

There were no comments. Action to be taken under Ordinance 2004-10.

3. Request for Preliminary Development Plan Approval for Sands Investment Subdivision Filed by Gerry Fedrizzi

There were no comments. Action to be taken under Resolution 2004-82.

4. Request for Preliminary Development Plan Approval for Victory Subdivision, Filed by Doud, BTS

There were no comments. Action to be taken under Resolution 2004-83.

5. Request for Preliminary Development Plan Approval for Crossroads Development Subdivision, Filed by Crossroads Development

There were no comments. Action to be taken under Resolution 2004-84.

6. Request for Preliminary Development Plan Approval for Fox Run Subdivision Phase 4, Filed by Stephen Griffin

There were no comments. Action to be taken under Resolution 2004-85.

7. Notice of City’s Intent to Sell Real Property to Martin Goicoechea and Veronica Goicoechea

There were no comments. Action to be taken under Resolution 2004-100. 8. Notice of the City’s Intent to Sell Real Property to KRKS Properties, LLC

There were no comments. Action to be taken under Resolution 2004-101.

9. Notice of the City’s Intent to Sell Real Property to Dewar Properties LLC

There were no comments. Action to be taken under Resolution 2004-102.

PETITIONS

John Evanoff, chairman of the Young-at-Heart Senior Center Building Committee, thanked council in advance for their support of a Community Development Block Grant for the purpose of conducting a feasibility study for a new senior center. He also thanked Jeanine Cox, director of Young-at-Heart, Colleen Peterson, the city’s director of administrative services, Pat Robbins, director of SWEDA, building committee members and the center’s board for their assistance.

Robert Tiede, a local resident, questioned the expenditure of $414 to Young Electric Sign Company. He said he assumed the payment was for two months of maintenance for the electronic sign on Dewar Drive. But, according to the city’s contract with Young Electric, the monthly maintenance fee of $207 was waived during the 90-day warranty period with the first payment due the middle of June. Paul Kauchich, director of engineering, responded that the payment was to cover costs to train chamber of commerce personnel to program electronic messages.

OFFICERS AND STAFF REPORTS

Councilman Cheese moved to approve the Fire Department first quarter report for 2004. Seconded by Councilmember Gilbert. Motion carried unanimously.

COUNCIL COMMITTEE AND BOARD REPORTS

Joint Powers Telecommunications Board

Councilman Shea notified council that in lieu of a proposal to finance the proposed telecommunications system authorized by Resolution 2004-104 other finance options have surfaced, and consultants to the board have advised them to either table the resolution or withdraw it. He noted the resolution to amend the joint powers agreement will remain on the agenda.

City-Wide Cleanup

Councilmember Gilbert notified the public that the hazardous waste disposal day is scheduled for May 8. She also thanked participants of the May 1 city-wide cleanup as well as those who helped throughout the week. Mayor Kaumo echoed her thanks and said this is a major effort in showing community pride and a positive approach in attracting business to Rock Springs.

CORRESPONDENCE

Councilman Banks moved to approve correspondence received from Gift Horse Ranch, Orem, Utah praising the administration and staff of the City of Rock Springs for the manner in which it is handling growth. A letter was also received from the Town of Diamondville responding to a request from Gift Horse Ranch asking for support of an assisted living and retirement center in Diamondville. Seconded by Councilman Shea. Motion carried unanimously.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

A&G Plumbing $58.00; Airgas Intermountain 721.60; Albertsons Food Center 288.35; Alsco-American Linen 1,654.02; Ameri-Tech Equip Co 298.91; American Red Cross 537.40; American Red Cross 42.00; Animal Care Center 45.08; Applied Concepts, Inc. 4,995.00; Arrowhead Scientific, Inc. 83.54; Atco International 200.00; AZ Commercial 17.45; Baker, Mike or Terry 35.66; Bauer Nike Hockey USA Inc. 191.73; Belzona-Mtn States 1,117.83; Big Horn Roofing 30,398.38; Blanksvard, Carl 104.67; Bloedorn Lumber 2,332.96; Blue Cross-Blue Shield 21,541.92; Bookcliff Sales Inc. 59.22; Bound Tree Medical 96.68; Bowker Construction 480.00; Boyle Equipment Company 820.75; Brower, Dale 84.47; Campbells Plumbing 317.41; Casper College 550.00; Casper Star Tribune 420.48; Chiotti, Travis & Jaylynn 51.31; City of Green River 840.00; City of Rock Springs 190,882.98; Clinnet Solutions, LLC 250.00; Communication Technologies 215.00; Condie, Donald 81.69; Control Temperature Specialists 190.41; Copier & Supply Co. 26.00; CPS Distributors Inc. 581.80; Crider, Duane 113.00; Culligan Soft Water Service 20.00; Cummins Intermountain 130.46; Dann & Meacham 3,437.67; DeBernardi Construction Co. 28,510.83; Delco Western 9,818.50; Dell Marketing LP 149.00; Desert Mountain Corp. 18,881.88; Dewey, Denise R. 400.00; Direct Card & Print, Inc. 1,430.00; Dodson, Stephen 120.48; Dominos 104.85; Eagle One Golf Products 142.68; Eicon 443.05; Emergency Medical Prod., Inc. 155.94; Equifax Credit Information 29.00; Fastenal Company 2,520.75; Fedex 39.19; Ferrero Electric 6,364.35; Fiesler, Jake 25.00; Force America 477.94; Foremost Promotions 384.18; Gilbert, Kathy 403.11; Gooch Tree Company 1,200.00; Grainger, Inc. 286.56; Grayson Enterprises, Inc. 268.85; Greene’s Welding and Const. 990.00; Hall, Ron 360.00; Hansen, Barnett and Maxwell PC 6,600.00; Hautala, Mary 22.00; High Desert Construction, LLC 907.25; High Plains Construction, Inc. 153,353.90; High Security Lock & Alarm 149.00; Highmarjk Life Insurance Co. 761.58; IBM—Maintenance 14,495.72; Imperial Apartments 357.00; Inberg-Miller Engineers 1,933.58; Indo-American Engineering 16,329.32; Intermountain Record Center 104.30; Intoximeters, Inc. 55.00; JDN Concrete 360.00; Jirdon Agri Chem Inc. 31,848.38; JM Electrical Services 1,165.47; Kaman Industrial Technologies 730.70; Kauchich, Janet 6.35; KD Kanopy 168.84; Keslar, Matt 13.53; King Environmental Products 314.30; Klein, James 50.00; Kone Inc. 294.57; Kopy Korner 40.85; K & S Construction 258.50; L.L. Johnson Distributing 67.66; L.N. Curtis & Sons 280.00; Latham, Dallas or Somer 56.91; Lowell, Mike 39.73; Lundell, Shara 19.00; Lynn Peavey Company 74.75; McConcrete 3,286.00; McLeod USA 864.57; Memorial Hospital of Swtr. Co. 200.00; MGIC 266.23; Molitor, Vickie .18; Moyno, Inc. 2,095.00; MPH Industries Inc. 321.11; National Oilwell 80.57; New Life Shopper 173.02; New Studio 52.81; Nickel Ridge Portables 488.50; Nicros, Inc. 201.66; Nu-Life Glass & Home 140.00; Nu-Tech Specialties 2,092.60; Nykodym, Don 70.15; Pacific Power & Light 21,829.33; Parr, Monetta R. 90.12; PCP Plumbing/Heating 255.00; Peden’s Inc. 1,293.36; Performance Overhead Door Inc. 220.65; Pioneer Gasket Co. 15.00; Pitney Bowes 84.58; Plummer, Deborah 150.00; PMS Custom Screen Printing 488.00; Postage by Phone 1,400.00; Prestige Flag 257.02; Pro-Shade 149.00; Procon Industrial Constractors 7,970.00; Pyatt, Kayne 10.82; Questar Gas 15,238.17; Qwest 880.17; R.t. Rentals -19.00; Real Kleen Inc. 106.34; Reis Environmental 327.88; Robin Burns Enterprises, Inc. 50.33; Robinson, Tim 6.35; Rock Springs Newspapers 9,398.86; Rock Springs Recycling Center 3,750.00; Rock Springs Winlectric 13.07; Rock Springs Winnelson Co. 7,259.64; Rocky Mountain Coatings LLC 4,885.68; Ron’s Ace Rental 2,680.23; Rushmore Furniture 319.90; S & S Worldwide 316.40; Salt Lake City Fleet Mgt. 51,190.00; Sanborn Colorado, L.L.C. 21,122.10; Seals, Nick 25.00; Sears Commercial One 195.89; Shahan Weed & Pest Control 125.00; Sideline Collections, Inc. 1,650.00; Simkins, Sean & Kristen 59.07; Stegall, Chris or Nona 21.64; Sterling Communications 524.85;Strategic Supply 994.70; Suburban Propane Gas Corp. 7.59; Sunrise Engineering, Inc. 5,282.00; Sweetwater Co. Weed & Pest 384.70; Sweetwater County Treasurer 504.11; Sweetwater Ford 500.00; Sweetwater Plumbing & Htg. 73.19; Sweetwater Trohpies 2,145.00; Sweetwater TV Co. Inc. 50.00; Tabuchi, Doug 50.00; Tegeler & Associates 1,055.00; The Candy Basket 85.68; The Wyoming Chapter IAEI 380.00; Three Sons 2,002.78; Three Sons, Inc. 18,025.06; Tiller, Sheila 100.00; Tip-Top Cleaners 27.50; Titleist 4,371.63; Trailhead Guns 4.47; Twirl Jet Spas 547.29; U.S. Postmaster 370.00; U.S. Tech 1,009.87; UBTA-UBET Communications 97.00; United Parcel Service 73.65; US Specialty Coatings 774.00; Valley Casting, Inc. 185.00; Vaughn’s Plumbing 532.00; Verizon Wireless 1,985.03; Viking Office Products

27.10; Walmart Community Brc 2,252.12; Water Gear 129.23; Webb, Regina 150.00; Wells Fargo Card Services, Inc. 1,679.96; Wells Fargo Remittance Center 1,478.77; West Group Payment Center 1,282.09; Western Wyoming College 275.00; White Mountain Construction 1,387.00; Wilkinson, Charles Jr. 400.00; Williams, Penny 150.00; Wittek Golf Supply Co Inc. 410.22; Wyo Assn of Municipalities 25.00; Wyoming Auto Junkies 77.00; Wyoming Dept of Agriculture 500.00; Wyoming Law Enf Academy 383.00; Wyoming Waste 2,273.80; Yellowstone Journal 2,500.00; 2XL Corporation 1,214.68; Total $791,563.23

Report Checks for April 20

Employee Garnishments Employee Deductions $ 275.99 Internal Revenue Service Electronic Fund Transfer 89,680.27 Swtr. Fed. Credit Union Employee Deductions 30,995.69 Wyoming Child Support Child Support Payments 2,765.22 Idaho Child Support Child Support Payments 249.00 Total $123,966.17

April 20 Salaries $359,665.91

Councilman Shea moved to approve the bills and claims for May 4 and the April 20 salaries. Seconded by Councilman Porenta. Motion carried unanimously.

NEW BUSINESS

Councilman Porenta moved to accept the preliminary budget for fiscal year ending June 30, 2005. Seconded by Councilman Cheese. Councilman Horn moved to amend the motion by removing $80,000 budgeted for the telecommunications project to help offset the $1.5 million shortfall. Councilman Kourbelas seconded the motion by stating that private business rather than government should be providing the “last mile” of the telecommunications service. He said only on its failing should government intervene. He added that more expensive high-speed internet connections are currently available to city residents, and the board’s own survey shows most residents have elected to use the lesser expensive and slower dial-up. He opined that government should not provide an infrastructure to compete with providers who have invested their own funds to offer networks--government should only provide complementary services. He surmised that the only way council can send a clear message to the direction of the fiber optics board is through its control of the revenue it supplies the board.

Councilman Porenta argued that the $80,000 is budgeted to support the board and not the “last mile.” Councilmember Gilbert agreed. She said she does not object to the direction the board is going. Councilman Kourbelas countered that “to say that the board is not supporting the ‘last mile’ is ludicrous.” He said council has not had an opportunity to vote on any of the board’s decisions because invariably their resolutions are withdrawn. He said he disagrees with the direction the board is taking, and he reiterated the only way council can give them clear direction is to withhold funding. Councilman Shea appealed to council to continue to support the board. He advised the resolution being withdrawn from this meeting’s agenda is basically to support Green River’s financial backing of the system. He said the $80,000 in the budget is part of the partnership with Green River going back to 2001. He said the funding is necessary for operations and acts as a cushion in the event of a legal challenge and not for the “last mile” of fiber. He added that any monies not used by the board will be returned to the general fund. Councilman Banks said he wonders whether money used for operations is being spent wisely by the board since the governing body has no jurisdiction over those expenditures.

Councilman Horn questioned how much was spent on legal fees last year. Councilman Shea replied that $60,000 was spent to refute Mr. Freudenthal’s allegations as to the legality of the system. He further noted that the board’s consultants have been paid from monies budgeted by the cities; however, he said

Metronets fees will be reduced going forward, and payment will come from the cities’ budgeted funds. Upon roll call to remove the $80,000 from the budget, the following voted in favor: Councilmen Banks, Horn, Kourbelas, and Mayor Kaumo; opposed: Councilmen Gilbert, Porenta, Shea, Cheese, and Tate. Motion defeated. Councilman Shea then moved to reduce the budgeted allocation from $80,000 to $30,000. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Banks, Gilbert, and Mayor Kaumo; opposed: Councilman Horn. Motion carried.

Councilman Horn moved to approve the preliminary budget. Seconded by Councilman Cheese. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Budget Recommendations

Councilman Horn moved to add 16 hours per week for 52 weeks at $6 per hour to the civic center budget for a total of $4,992 for a part-time receptionist position. Seconded by Councilman Shea. Motion carried unanimously.

Councilman Tate moved to add 16 hours per week for 52 weeks at $6 per hour for a total of $4,992 and cut 16 hours per week from an existing receptionist position at the family recreation center. Seconded by Councilman Kourbelas. Motion carried unanimously.

Councilman Banks moved to add $14,040 (+$18,526 for benefits) for a full- time lifeguard at the family recreation center and cut $14,040 from existing part-time lifeguard positions. Seconded by Councilman Porenta. Motion carried unanimously.

Councilman Horn moved to eliminate a requested full-time recreation supervisor position and approve a 20-hour per week gym supervisor position at $6.25 per hour for 52 weeks for a total of $6,500. Seconded by Councilman Shea. Councilman Kourbelas was opposed. Motion carried.

Councilmember Gilbert moved to approve six sworn positions (five officers and one sergeant) and three non-sworn positions (Police Records Tech I, Communications Officer I and Detention Officer I) to the Police Department budget for a total of $534,435. Seconded by Councilman Cheese. Councilman Horn asked if all officers would be added at once. Police Chief Lowell said he would like to hire as soon as possible, but finding qualified people, training and regulations will slow the process. Motion carried unanimously.

Other New Business

Councilman Shea moved to approve the City’s July 2004 Annual Drinking Water Quality Report. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Horn moved to approve a request from Public Services to reject the bid on the Second Street water and sewer line replacement project and allow them to re-bid the project after July 1. Seconded by Councilman Shea. Motion carried unanimously.

Councilmember Gilbert moved to approve the following Parks and Recreation Department specials: 1. waive fees for mothers who visit the recreation centers on Mothers Day, May 9; 2. waive fees at indoor recreation centers on

May 26 for the annual Senior Citizens Health and Fitness Day and to allow them a special buy one-month membership, get one free on that day; 3. waive fees for senior citizens for nine holes of golf at the White Mountain golf course for Senior Citizens Health and Fitness Day on May 26 and to allow seniors with golf course memberships a free golf cart for nine holes; 4. waive fees for fathers who visit indoor recreation centers on Father’s Day, June 21; and 5. hold a first day of summer special on June 21 at the indoor recreation centers and allow purchase of a buy one-month membership and get second month free or purchase a one-year membership and get one month extra. Seconded by Councilmen Kourbelas. Motion carried unanimously.

Councilman Cheese moved to approve a request from the United Mine Workers of America Local 4893 for a contract negotiations meeting. Seconded by Councilmember Gilbert. Motion carried unanimously.

In reference to a request from Helping Hands Corporation out of Gillette for a bingo license, Councilman Banks asked if proceeds will go to local charities. Mrs. Peterson said the applicant has indicated they will donate to local senior and youth groups. Councilman Banks moved to approve a bingo license to Bada Bingo sponsored by Helping Hands Corporation. Seconded by Councilman Porenta. Motion carried unanimously.

Councilman Shea moved to approve a request from the Sweetwater County Events Complex for a carnival permit from August 3 through August 7 during the Sweetwater County Fair. Seconded by Councilman Tate. Councilmen Banks and Porenta abstained. Motion carried.

Councilman Horn asked if a request from Pilot Bar for street closure of Broadway between C and D Streets on June 12 for a street dance from 7 p.m. to 12:30 a.m. has been cleared by the police chief. Chief Lowell responded that he has no problem with the request. Councilman Horn moved to approve the request. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Kourbelas moved to approve a request from Black Rock, Inc. for a liquor catering permit for a mine rescue banquet on May 6 at the events complex and for a wedding reception on May 22 at the civic center. Seconded by Councilman Shea. Motion carried unanimously.

Councilman Porenta moved to approve a request from Black Rock, Inc. for a malt beverage permit for the Second Annual Roughman Contest on May 22 at the events complex. Seconded by Councilman Shea. Motion carried unanimously.

RESOLUTIONS

Resolution 2004-81, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY DEVELOPMENT PLAN OF ASPEN VIEW ESTATES SUBDIVISION AS A SUBDIVISION LOCATED WITHIN ONE MILE OF THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING SUBMITTED BY BOB VOLCIC, COVERING A 67.22-ACRE TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 18 NORTH, RANGE 105 WEST OF THE 6TH PRINCIPAL MERIDIAN, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-81. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-82, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY DEVELOPMENT PLAN OF SANDS INVESTMENT SUBDIVISION AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, AND COVERING AN 8.07-ACRE TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Tate moved to approve Resolution 2004-82. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-83, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY DEVELOPMENT PLAN OF VICTORY SUBDIVISION AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, AND COVERING A 132.478-ACRE TRACT OF LAND SITUATED IN THE NORTH HALF (N1/2) OF SECTION 15, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Horn asked if the developer will be required to construct both sides of Foothill Boulevard for the entire length of the industrial development. Mr. Kauchich responded the developer is only required to develop the east side. Councilman Horn asked about the heavy truck traffic turning south off Signal Drive onto the west side of Foothill Drive. Mr. Kauchich said once the property on the west side of Foothill is developed, that developer will be required to widen the west side to the full arterial width. Councilman Horn noted that the No Truck Traffic regulation on Foothill is being violated by trucks going to Weatherford. Mr. Kauchich said he will have the sign placed beyond that point. Councilman Kourbelas moved to approve Resolution 2004-83. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, and Kourbelas; abstained: Mayor Kaumo. Motion carried.

Resolution 2004-84, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY DEVELOPMENT PLAN OF CROSSROADS DEVELOPMENT SUBDIVISION AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, AND COVERING A 50.892-ACRE TRACT OF LAND LOCATED IN SECTION 5, RESURVEY TOWNSHIP 18 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Banks moved to approve Resolution 2004-84. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilman Shea, Cheese, Tate, Kourbelas, Gilbert, Banks Horn, and Porenta; abstained: Mayor Kaumo. Motion carried.

Resolution 2004-85, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY DEVELOPMENT PLAN OF FOX RUN SUBDIVISION, PHASE 4, AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, AND COVERING A 4.99-ACRE TRACT OF LAND LOCATED IN NORTHWEST QUARTER (NW ¼) OF SECTION 33, TOWNSHIP 19 NORTH RANGE 105 WEST, SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-85. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilman Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-86, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF HUNTER’S RUDGE SUBDIVISION, PHASE 6, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY HUNTER’S RIDGE DEVELOPMENT, COVERING A 6.016-ACRE TRACT OF LAND SITUATED IN FEDERAL LOT 7 OF SECTION 28, RESURVEY OF TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Director of Public Services Vess Walker recommended tabling Resolutions 2004-86 through 2004-89 because changes to the final plats of the four phases of Hunter’s Ridge were not received until late this afternoon and his department has not had a chance to review them.

Resolution 2004-87, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF HUNTER’S RIDGE SUBDIVISION, PHASE 7, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY HUNTER’S RIDGE DEVELOPMENT, COVERING A 2.842-ACRE TRACT OF LAND SITUATED IN FEDERAL LOT 7 OF SECTION 28, RESURVEY OF TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title.

Resolution 2004-88, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF HUNTER’S RIDGE SUBDIVISION, PHASE 8, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY HUNTER’S RIDGE DEVELOPMENT, COVERING A 4.211-ACRE TRACT OF LAND SITUATED IN FEDERAL LOT 7 OF SECTION 28, RESURVEY OF TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title.

Resolution 2004-89, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF HUNTER’S RIDGE SUBDIVISION, PHASE 9, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY HUNTER’S RIDGE DEVELOPMENT, COVERING A 3.391-ACRE TRACT OF LAND SITUATED IN FEDERAL LOT 7 OF SECTION 28, RESURVEY OF TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Shea moved to table Resolution 2004-86, 2004-87, 2004-88, and 2004-89. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried. Mayor Kaumo advised that he has a conflict of interest with this development.

Resolution 2004-90, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF OREGON TRAILS SUBDIVISION, PHASE 6, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY WKF CORPORATION, COVERING A 3.19- ACRE TRACT OF LAND SITUATED IN FEDERAL LOT 6 OF SECTION 28, RESURVEY OF TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-90. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, and Kourbelas; abstained: Mayor Kaumo. Motion carried.

Resolution 2004-91, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF OREGON TRAILS SUBDIVISION, PHASE 7, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY WKF CORPORATION, COVERING A 3.795- ACRE TRACT OF LAND SITUATED IN FEDERAL LOT 6 OF SECTION 28, RESURVEY OF TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-91. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, and Porenta; abstained: Mayor Kaumo. Motion carried.

Resolution 2004-92, A RESOLUTION APPROVING AND ACCEPTING THE COMLETE FINAL PLAT FOR SWEETWATER STATION ADDITION, PHASE 1, A PLANNED UNIT DEVELOPMENT WITHIN THE CORPORATE LIMITS OF THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY RED TOP LIMITED, LLC., COVERING A 38.971-ACRE TRACT SITUATED IN THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE 6TH PRINCIPAL MERIDIAN, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Horn moved to approve Resolution 2004-92. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, and Shea; abstained: Mayor Kaumo. Motion carried.

Resolution 2004-93, A RESOLUTION ACCEPTING AND APPROVING A COMMUNITY DEVELOPMENT BLOCK GRANT, THROUGH THE STATE OF WYOMING BUSINESS COUNCIL, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID GRANT DOCUMENTS ON BEHALF OF SAID CITY, was read by title. Councilman Cheese moved to approve Resolution 2004-93. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-94, A RESOLUTION ACCEPTING AND APPROVING A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN THE WYOMING BUSINESS COUNCIL, DIVISION OF INVESTMENT READY COMMUNITIES AND THE CITY OF ROCK SPRINGS, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID GRANT DOCUMENTS ON BEHALF OF SAID CITY, was read by title. Councilman Porenta moved to approve Resolution 2004-94. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-95, A RESOLUTION ACCEPTING AND APPROVING A TRANSPORTATION ENHANCEMENT ACTIVITIES AGREEMENT FY2004 WITH THE WYOMING DEPARTMENT OF TRANSPORTATION (WYDOT), AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilman Tate moved to approve Resolution 2004-95. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Housing Resolution 2004-96, A RESOLUTION AUTHORIZING TIMOTHY A. KAUMO, ACTING IN HIS CAPACITY AS CHAIRMAN OF THE ROCK SPRINGS HOUSING BOARD, TO APPROVE AN APPLICATION FOR EMERGENCY CAPITAL FUNDS TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR ROOF RENOVATION OF THE PLAZA COURT HOUSING UNITS OF THE ROCK SPRINGS HOUSING AUTHORITY, was read by title. Mrs. Peterson explained that a HUD engineer reviewed a request for partial roof replacement at the Plaza Court housing units. She said because the roof is leaking, he recommended the housing authority seek emergency capital funds to replace the entire roof. Councilman Horn moved to approve Resolution 2004-96. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Koubelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-97, A RESOLUTION ACCEPTING AND APPROVING A HIGHWAY SAFETY GRANT AGREEMENT WITH THE WYOMING DEPARTMENT OF TRANSPORTATION, HIGHWAY SAFETY PROGRAM, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND MATT KESLAR, AS COMMANDER FOR THE POLICE DEPARTMENT OF THE CITY OF ROCK SPRINGS, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilman Kourbelas moved to approve Resolution 2004-97. Seconded by Councilman Cheese. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-98, A RESOLUTION APPROVING AND ACCEPTING A QUITCLAIM DEED FROM THE PETE ZANETTI FAMILY TRUST, DONNA J. ZANETTI, TRUSTEE, was read by title. Councilman Porenta moved to approve Resolution 2004-98. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, and Kourbelas; abstained: Mayor Kaumo. Motion carried.

Resolution 2004-99, A RESOLUTION APROVING AND ACCEPTING AN EASEMENT DEED FROM THE PETE ZANETTI FAMILY TRUST, DONNA J. ZANETTI, TRUSTEE, was read by title. Councilmember Gilbert moved to approve Resolution 2004-99. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, and Porenta; abstained: Mayor Kaumo. Motion carried.

Resolution 2004-100, A RESOLUTION AUTHORIZING THE SALE AND TRANSFER BY QUITCLAIM DEED OF CITY PROPERTY LOCATED ADJACENT TO DEWAR DRIVE WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, TO MARTIN GOICOECHEA AND VERONICA GOICOECHEA, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Horn moved to approve Resolution 2004-100. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-101, A RESOLUTION AUTHORIZING THE SALE AND TRANSFER BY QUITCLAIM DEED OF CITY PROPERTY LOCATED ADJACENT TO DEWAR DRIVE WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, TO KRKS PROPERTIES, LLC, 148 W. ORION, SUITE C-3, TEMPE, ARIZONA 85283, was read by title. Councilman

Kourbelas moved to approve Resolution 2004-101. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-102, A RESOLUTION AUTHORIZING THE SALE AND TRANSFER BY QUITCLAIM DEED OF CITY PROPERTY LOCATED ADJACENT TO DEWAR DRIVE WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, TO DEWAR PROPERTIES, LLC, 148 W. ORION, SUITE C-3, TEMPE, ARIZONA 85283, was read by title. Councilman Banks moved to approve Resolution 2004-102. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-103, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH INTERMOUNTAIN SLURRY SEAL, INC., IN THE AMOUNT OF $28,239.70, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Horn moved to approve Resolution 2004-103. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-104, A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, ENDORSING THE INTENT OF THE CITY OF ROCK SPRINGS, WYOMING- CITY OF GREEN RIVER, WYOMING FIBER OPTICS TELECOMMUNICATIONS COOPERATIVE JOINT POWERS BOARD TO PURSUE AND OBTAIN FINANCING FOR THE DESIGN, CONSTRUCTION, IMPLEMENTATION AND OPERATION OF A FIBER OPTIC TELECOMMUNICATIONS SYSTEM; AND SETTING FORTH THE TERMS AND CONDITIONS WHICH MUST BE MET PRIOR TO THE CITY OF ROCK SPRINGS APPROVING A COMMITMENT TO PLEDGE ALL OR PART OF ITS ANNUAL FEDERAL MINERAL ROYALTY RECEIPTS AND AGREEING THAT SUCH ANNUAL RECEIPTS WILL BE UTILIZED BY THE JOINT POWERS TELECOMMUNICATIONS BOARD AS A FORM OF COLLATERAL FOR FINANCING THE DESIGN, CONSTRUCTION, IMPLEMENTATION AND OPERATION OF SAID FIBER OPTIC TELECOMMUNICATIONS SYSTEM, was withdrawn.

Resolution 2004-105, A RESOLUTION ACCEPTING AND APPROVING A SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT BETWEEN THE CITY OF ROCK SPRINGS, WYOMING, AND THE CITY OF GREEN RIVER, WYOMING, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilman Porenta moved to approve Resolution 2004-105. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo; opposed: Councilman Horn. Motion carried.

Resolution 2004-106, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH KNUDSEN ASPHALT MAINTENANCE INC., 1108 N STREET, RELIANCE, WY 82943, IN THE AMOUNT OF $29,160.00, AND

AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Banks moved to approve Resolution 2004-106. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Housing Resolution 2004-107, A RESOLUTION AUTHORIZING TIMOTHY A. KAUMO, ACTING IN HIS CAPACITY AS CHAIRMAN OF THE ROCK SPRINGS HOUSING BOARD, TO APPROVE THE DISBURSEMENT OF THE BICENTENNIAL VILLAGE II, DEBT SERVICE RESERVE FUNDS AS PROVIDED BY THE FINANCING AND ESCROW AGREEMENT OF THE BICENTENNIAL APARTMENT VILLAGE II PROJECT, was read by title. Councilman Porenta moved to approve Resolution 2004-107. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-108, A RESOLUTION ACCEPTING AND APPROVING A BALL PARK CONCESSION LICENSE WITH THE ROCK SPRINGS SPORTS ASSOCIATION, INC., AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilmember Gilbert moved to approve Resolution 2004-108. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas,and Mayor Kaumo. Motion carried.

ORDINANCES

Ordinance 2004-08, AN ORDINANCE REZONING A PARCEL OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, LOCATED IN THE NORTHWEST QUARTER (NW ¼) OF SECTION 26, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF B-2 (COMMUNITY BUSINESS) TO THE ZONING DESIGNATION OF I-1 (LIGHT INDUSTRIAL), was placed on third reading and read by title. Councilman Porenta moved to approve Ordinance 2004-08. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Ordinance 2004-09, AN ORDINANCE AMENDING SECTION 802(d)2. OF THE PERSONNEL POLICIES AND PROCEDURES OF THE CITY OF ROCK SPRINGS, WHICH SECTION PERTAINS TO COMP TIME, was placed on second reading and read by title.

Ordinance 2004-10, AN ORDINANCE REZONING A PARCEL OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-1 (LOW DENSITY RESIDENTIAL) AND R-4 (MEDIUM DENSITY RESIDENTIAL) TO THE

ZONING DESIGNATION OF R-2 (LOW DENSITY RESIDENTIAL), was placed on first reading and read by title.

Ordinance 2004-11, AN ORDINANCE AMENDING ARTICLE 7-7 OF THE ORDINANCES OF THE CITY OF ROCK SPRINGS, WYOMING ENTITLED, “CROSS-CONNECTION AND BACKFLOW CONTROL,” was placed on first reading and read by title. Councilman Horn asked if this change to the ordinance will increase costs to either property owners or the city. Mr. Kauchich responded that the amendment does not affect the cost of hooking on to the corporation, but rather brings the city ordinance into compliance with DEQ’s requirements. Mrs. Peterson noted that the Sewer and Water Committee is studying rates, and an amendment may be proposed, which, if approved, will raise hook-up fees. She said at $75 rates are relatively low compared to most jurisdictions.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 9:01 p.m.

XX9a

City council held a budget workshop on May 11, 2004. Mayor Kaumo called the meeting to order at 5:00 p.m. Members present included Councilmen John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Harry Horn, and Mayor Tim Kaumo; absent: Steve Shea, Chad Banks, Kent Porenta. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson.

Colleen Peterson, city clerk, apprised council that since the last sales tax figures were reported, subsequent month receipts were down $172,000. She said at this point the preliminary budget has a deficit of $2.1 million, which takes into account all the changes previously authorized. She advised that out of existing total reserves of $4.6 million, $2.6 million can be obligated on approved budget line items without having to amend the reserves resolution.

One suggestion for adding revenues to the budget was to sell any excess property currently owned by the city for which a use has not been designated. It was concluded, however, that vacant property currently owned by the city in Trapper Subdivision is an appropriate site for a future west-side fire station. Other vacant property adjacent to the family recreation center was donated by BLM for recreation purposes only and is restricted for building by power lines that cross it.

Mayor Kaumo apprised that WAM is beginning work on presentations to be made to legislature for next fiscal year’s funding. Each community has been asked to prepare a portfolio on critical needs and the repercussion of growth. WAM will also appeal to legislators to eliminate de-earmarking. Councilman Kourbelas contended the city of Rock Springs can easily make a case for state surplus monies based on appropriations in this budget for public safety measures necessitated by growth and meth activity. He said despite extreme efforts by staff to bring the preliminary budget into balance, a $2.1 million deficit remains. He maintained that double-digit increases in police citations is a small representation of the impact to other areas such as increased demand for sewer and water service.

In light of the addition of six police officer positions to the preliminary budget and the trickle-down effect it will have in municipal court, consideration was given to converting the judge position to a full-time position as well as the probability of having to add positions in the attorney’s office. Following discussion, this issue, including the city’s future position in the jail business, was remanded to the Municipal Court Committee together with the attorney’s office for a recommendation prior to adoption of the final budget.

Several line items in the proposed budget were again revisited, but no changes were made.

The workshop ended at 6:10 p.m.

XX9b

City council met in special session on May 11, 2004. Mayor Kaumo called the meeting to order at 6:10 p.m. Members present included Councilmen John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Harry Horn, and Mayor Tim Kaumo; absent: Steve Shea, Chad Banks, Kent Porenta. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson. The meeting was called to take action on final plats for Hunter’s Ridge Subdivision.

In the absence of president Shea, Councilman Kourbelas moved to nominate Councilman Tate to serve as president pro tem. Seconded by Councilman Cheese. Motion carried unanimously.

RESOLUTIONS

Councilmember Gilbert moved to remove Resolutions 2004-86 through 2004-89 from table. Seconded by Councilman Kourbelas. Motion carried unanimously. Both city engineer Paul Kauchich and public services director Vess Walker concurred that all requirements have been met to allow Phases 6 through 9 of Hunter’s Ridge Subdivision to more forward.

Amended Resolution 2004-86, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF HUNTER’S RIDGE SUBDIVISION, PHASE 6, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY HUNTER’S RIDGE DEVELOPMENT COVERING A 6.016-ACRE TRACT OF LAND SITUATED IN FEDERAL LOT 7 OF SECTION 28, RESURVEY OF TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Horn moved to approve Resolution 2004-86. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Cheese, Tate, Kourbelas, Gilbert, and Horn; absent: Councilmen Shea, Banks, and Porenta; abstained: Mayor Kaumo.

Amended Resolution 2004-87, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF HUNTER’S RIDGE SUBDIVISION, PHASE 7, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY HUNTER’S RIDGE DEVELOPMENT, COVERING A 2.842-ACRE TRACT OF LAND SITUATED IN FEDERAL LOT 7 OF SECTION 28, RESURVEY OF TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-87. Seconded by Councilman Tate. Upon roll

call the following voted in favor: Councilmen Cheese, Tate, Kourbelas, Gilbert, and Horn; absent: Councilmen Shea, Banks and Porenta; abstained: Mayor Kaumo. Motion carried.

Amended Resolution 2004-88, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF HUNTER’S RIDGE SUBDIVISION, PHASE 8, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY HUNTER’S RIDGE DEVELOPMENT, COVERING A 4.211-ACRE TRACT OF LAND SITUATED IN FEDERAL LOT 7 OF SECTION 28, RESURVEY OF TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilmember Gilbert moved to approve Resolution 2004-88. Seconded by Councilman Horn. Upon roll call the following voted in favor: Councilmen Horn, Cheese, Tate, Kourbelas, and Gilbert; absent: Councilmen Shea, Banks, and Porenta; abstained: Mayor Kaumo. Motion carried.

Amended Resolution 2004-89, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF HUNTER’S RIDGE SUBDIVISION, PHASE 9, A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY HUNTER’S RIDGE DEVELOPMENT, COVERING A 3.391-ACRE TRACT OF LAND SITUATED IN FEDERAL LOT 7 OF SECTION 28, RESURVEY OF TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-89. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Horn, and Gilbert; absent: Councilmen Shea, Banks, and Porenta; abstained: Mayor Kaumo. Motion carried.

Housing Resolution 2004-109, A RESOLUTION AUTHORIZING TIMOTHY A. KAUMO, ACTING IN HIS CAPACITY AS CHAIRMAN OF THE HOUSING COMMISSION, TO APPROVE AN ANNUAL CONTRIBUTIONS CONTRACT RENEWAL WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM CONTRACT NO. WY003NC0001, was read by title. Councilman Horn moved to approve Resolution 2004-109. Seconded by Councilman Cheese. Upon roll call the following voted in favor: Councilmen Gilbert, Horn, Cheese, Tate, Kourbelas, and Mayor Kaumo; absent: Councilmen Shea, Banks, and Porenta. Motion carried.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 6:16 p.m.

XX10

City council met in regular session on May 18, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson.

Councilman Kourbelas moved to accept the amended agenda. Seconded by Councilman Porenta. Motion carried unanimously.

Councilman Cheese moved to approve minutes of the May 4 council meeting, the May 11 special council meeting and the May 11 budget workshop. Seconded by Councilman Tate. Motion carried unanimously.

BID OPENING

Paint Striping & Miscellaneous Work

Paisley & Barnes Striping Lander, WY $21,131.74

The bid was referred to the Engineering Department for review and action later in the meeting under Resolution 2004-121. Councilmember Gilbert commended the Engineering Department for bidding this project in conjunction with Sweetwater County, thereby saving money for both entities.

COMMENDATION

Mayor Kaumo presented Dave Goble of Wild West Motor Sports with a certificate of appreciation for his observations in reporting what he suspected was a stolen motorcycle which led to the subsequent apprehension of two male suspects.

Mayor Kaumo presented Dr. Dave Kathka, retiring executive director of the Sweetwater Board of Cooperative Educational Services (SBOCES), with a certificate of appreciation for his efforts in promoting literacy, technology, enrichment and professional development programs in the county. Dr. Kathka in turn presented Mayor Kaumo with a clip from the cnnmoney website that ranks Rock Springs as the No. 1 place to retire based on a combination of average home price, income and property taxes, and temperature.

PRESENTATION

SWEDA

Pat Robbins, director of SWEDA, accompanied with Bob Dahl, president of the board gave an update on the following SWEDA activities:

Marketing Campaign: Ads will be placed in the Business Expansion Journal in June and July as well as in the Business Solutions Magazine.

Expansion and Retention: 1. A $7500 CDBG grant was written by SWEDA in March for development of a web page for Rat Fink Choppers. 2. The Buxton Company’s Phase I retail trade surveys will be done the first week of June. The study will be compared to a similar analysis done in 1999 sponsored by the Wyoming Business Council. Ms. Robbins reported three developers are waiting for information from the study. 3. SWEDA is pursuing an educational institution. The Catholic Church is researching areas in Wyoming to locate a small four-year liberal arts college; 4. A meeting is scheduled with a chemical company considering locating to Wyoming. 5. A real estate company from Gillette has purchased 313 acres west of Rock Springs. The company anticipates to have 120 employees by next summer. SWEDA will help the company find funding for infrastructure in order for them to attract other businesses to the location. 6. Four large retail chain stores and four smaller ones have expressed interest in Sweetwater County. 7. An investor from Las Vegas has expressed interest in land near Walmart. 8. A company

has expressed interest in building a leisure living center in Sweetwater County. Ms. Robbins said through the help of city clerk Colleen Peterson and city planner Laura Crandall a couple of sites have been identified that may suit their criteria. She also recognized city engineer Paul Kauchich and Councilman Porenta for their expertise on SWEDA’s board.

Ms. Robbins described a project proposed by Gerry Fedrizzi that could benefit from a federal WCDA grant. However, the grant requires municipal sponsorship. She said if the city is agreeable, she will submit an application prior to the July 1 deadline. Mr. Fedrizzi explained that the project consists of moving 24 houses from Table Rock to foundations in the Sands Investment Subdivision and a couple of houses to locations scattered within the city. He said this will help the high demand for affordably priced houses. He noted that the 25-year-old houses are in excellent condition and will be sold for approximately $130,000. He said once the houses are in town, they will be refurbished as needed. He stated his plans for moving the houses circumvent travel on I-80. Councilman Shea said he would not want the city to compete with other developers constructing houses in that price range. Ms. Robbins said WCDA grants are available to all applicants wishing to apply for them, but many contractors are simply not aware of them. Ms. Robbins apprised that the Wyoming Business Council and the governor’s office are interested in preserving the houses and brought the grant availability to her attention. Mayor Kaumo referred the issue to the Community Development committee for review.

In closing, Ms. Robbins complimented the city for its proactive role during the city’s current growth. Mayor Kaumo attributed the positive direction the city is moving to the diligent work of department heads.

PETITIONS

Mark Davidson, an owner of Sunrise Engineering, delivered project binders for their recently completed primary wastewater plant lift station project. The binders contain the complete project documentation for the design, bidding and construction of the project. He said the project is a key component of the wastewater’s program designed for future growth of the city. He said the contractor, High Plains Construction, finished the contract on time and within budget. He thanked city employees Ted Fuller, Mike Gaviotis, Paul Kauchich, and Vess Walker for their roles in the project.

John Tarufelli, Bellview Avenue, praised the Fire Department for their quick response after lightning struck a transformer in his neighborhood. He also asked where money collected for municipal court fines go. Ms. Peterson advised that part of the money goes to the general fund and part goes into a citizens fund for damages.

OFFICERS AND STAFF REPORTS

Councilman Porenta moved to accept the Animal Control Report for April, the health insurance fund recap for April and the financial reports for April. Seconded by Councilmember Gilbert. Motion carried unanimously.

COUNCIL COMMITTEE AND BOARD REPORTS

Mayor Kaumo advised that George Parks, executive director of WAM, is preparing for the next legislative session. His plan is to have each community study various aspects of municipal government and to present a case to legislature to justify the need for increased funding.

CORRESPONDENCE

The following correspondence was received: 1. a letter from Ashleigh, a Westridge Elementary student, regarding her Earth Day commitment; 2. a letter from Jessica Yerkovich expressing her concerns with Wyoming Street; 3. a letter from the Department of Agriculture, Ashley National Forest, listing projects scheduled for public review and comments, environmental analysis or implementation; and 4. a scoping notice from the US Department of Interior for Simpson’s Gulch 3D geophysical project. Councilmen Gilbert moved to accept the correspondence and place it on file. Seconded by Councilman Shea. Motion carried unanimously.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

A Pleasant Construction $ 1,187.77 A.D. Starr 356.90 A-1 Electrical Contractors Inc. 869.00 AAA Sign Company 90.00 Accurate Irrigation 3,468.00 Ace Hardware 4,929.37 Adler, Sadie 18.00 Adolph Kiefer & Associates 184.74 Advanced Tele Systems 209.00 Alpine Office Supply 858.60 Alsco-American Linen 2,725.08 Alum-I-Life, Inc. 10,130.38 Ameri-Tech Equip. Co. 197.00 American Leak Detection 2,775.00 American Red Cross -537.40 American Red Cross 78.00 Andrews, Dale 6.00 Anson, Jim 100.00 Archibald, Travis 18.00 Arnold Law Offices 1,410.00 Associated Bag Company 325.49 Atwood, Frieda 37.00 Awards Unlimited 12.00 Ayres & Baker Pole & Post Co. 2,450.00 AZ Commercial 29.83 Baston, L.M. 44.42 Bauman, Duke 45.00 Belley, Darcy 45.00 Bennett’s Paint and Glass 369.58 Bertagnolli, Mackenzie 383.00 Bertagnolli, Mackenzie 425.00 Bi-Rite #1 320.30 Bike & Trike 800.00 Bingham, Archie 242.02 Bookcliff Sales Inc. 73.45 Boschetto Apts. 263.00 Bowker Construction 150.00 Bowman Distribution 115.01 Brady, Lance & Shannon 8.69 Brokerage Southwest Attn Paula 49.99 Brokerage Southwest Attn Paul 35.91 Callas, Michael 325.00 Casper Star Tribune 1,040.00 Centennial Sales 1,402.19 Central States Fire Apparatus 339.38

Chakor Publishing 350.00 Checker Auto Parts 422.56 City Auto Sales 1,219.03 Clawson, Amanda 25.43 Clinnet Solutions, LLC 40.00 Collage Video 39.89 Concrete Palace 2,658.75 Conde, Grover 19.87 Coon, B J or Courtney 54.97 Copier & Supply Co. 107.88 Copyex LLC 207.25 Corporate Express 1,328.96 Cournoyer, Ben 45.00 CPS Distributors Inc. 176.18 Crider, Duane 359.00 Culligan Soft Water Service 132.00 D-Mac Investments 450.00 Dabb, Randy 28.78 Dabb, Randy 28.78 Davis, Keith & Cheryl 20.93 Day-Timer 40.98 DeBernardi Construction Co. 151,608.66 Dell 1,496.45 Dial Oil, Inc. 13,504.92 Dickson, Rusty 90.00 Digital Select 79.98 Dominos 69.90 Druce, Leona 147.71 Dyno Nobel 1,960.00 Ecolab 275.92 Elder, Larry 175.38 Ewing, Lloyd & Lorese 41.34 Fedex 403.53 Ferrero Electric 3,830.15 Finer Cleaners 15.00 Flying Eagle Gallery Trophies 492.00 Foremost Promotions 1,053.27 Forliano, Joanna 8.17 Frontier West Construction 21.68 G&K Services 1,627.35 Galls Inc. 53.48 Garrison, Dianne 40.00 Garrison, Dianne 10.00 Gart Brothers 17.70 Gibbs, Rich 193.00 Giberson, Harold 110.00 Grand Junction Housing Authority 456.00 Grand Junction Housing Authority 30.89 Grayson Enterprises, Inc. 989.00 Great Western Autoplex 74.99 Gutierrez, Ana Maria 37.00 Hafey Properties Ltd. Partnership 211.00 Harsha, Brenda 13.00 High Security Lock & Alarm 171.25 Holmes, Gentry 46.00 Hose & Rubber Supply 86.79 Housing Authority of Salt Lake City 1,263.00 Housing Authority of Salt Lake City 30.88 Howard Supply Co. 9.97 HYKO 328.74 Igloo Vikski 1,072.64 Imperial Apartments 291.00 Imperial Plaza Apartments 86.00 Imperial Plaza Apts. 467.00

Independence Enterprises, Inc. 440.00 Inks, Fred H. 10.82 Intermountain Golf Cars, Inc. 209.82 Intermountain Record Center 82.60 J.B’s Restaurant 200.00 James E. Phillips, P.C. 598.50 Jenkins Golf Accessories 843.57 Jim’s Upholstery 285.00 Joint Powers Water Board 151,906.28 Kannegieter, Tammy 72.50 Kauchich, Paul 24.77 Kellerstrass 33.00 Kettering, Robert 17.02 Knight, Nicole 12.00 Knott, Bob 120.00 Knudsen, Andrew & Linda 72.61 Kois Brothers Equipment Co. 1,368.95 Kopy Korner 171.00 KRKK-AM/KQSW FM Radio 1,586.50 L&L Rentals 485.00 Lay, Walter 211.00 Layos Inc. 1,446.53 Lewis & Lewis Inc. 186,690.48 Lincoln Equipment, Inc. 330.03 Lui, Dick Din 26.00 Lundell, Shara 19.00 Lynn Peavey Company 89.95 Lyon Network Services 1,540.00 Macy’s Truck Repair 19.39 Majhanovich, Richard 364.00 Martin, Nathan 75.00 Martinez, Melissa 37.00 Matthew Bender 74.80 McCurtain Motors 170.06 McFadden Wholesale 5,189.45 McGrew, Elwin 157.00 Meadow Gold Dairies 404.21 Memorial Hospital of Swtr. Co. 283.80 Meteor Marketing 90.72 Miller, Randy 37.22 Mission Hockey 762.55 Mitchell, Alike 37.00 Moore, Bridgette 27.00 Moore, Bridgette 30.00 Morcon Specialty Inc. 310.34 Mountain Plains Museums Assoc 50.00 MSC 4,750.00 Mueller, Joseph 55.00 Myers, Jessica 13.00 Nelson Engineering 20,542.54 Normont Equipment 136.00 Nu-Tech Specialties 1,087.37 Ohana Properties 234.00 Ohana Properties 23.00 Old Dominion Brush 3,688.26 Oriet, Rita 15.20 Orlie’s Refrigeration & Htg. 624.00 Pacific Power & Light 49,769.76 Pandalis, John 246.00 Pendleton, Brad & Kandi 61.15 Pitts, Gail 303.00 Postcards as Art 24.50 Postmaster 2,183.80 Power Engineering Co. 563.35

Printers’ Alley 622.54 Pro-Shade 89.75 Process Applications 160.25 QA Balance Services, Inc. 949.00 Questar Gas 12,218.64 Questar Infocomm Inc. 125.00 Qwest 801.53 R.T. Rentals 300.00 Radio Shack 75.46 Radio Station KPIN 294.00 Radioshack Corporation 29.97 Rae, Gail 43.33 Ray Allen Mfg Co., Inc. 355.95 Ray, Wechonhpec 28.67 Real Kleen Inc. 106.17 Reed, Ken 60.00 Respond First Aid Systems 494.32 Robin Burns Enterprises, Inc. 1,071.86 Robinson, George J. 19.42 Robinson, Gerald or Kris 34.71 Rock Springs Hide & Fur 150.00 Rock Springs Municipal Util 22,746.64 Rock Springs Newspapers 139.00 Rock Springs Windustrial 64.49 Rocky Mtn Service Bureau 178.98 Rocky Mtn Turf & Ind. Equip. 2,468.75 Rost, Marlene 11.00 Rushmore Furniture 749.95 Schaeffer’s Mfg Company 1,518.87 Schieve, Shane 131.15 Schmidt, Nathan 30.00 Schumacher, June 12.57 Schwarze Industries Inc. 192.71 Shantz, Norman 240.00 Sheldon, Troy 37.46 Simons Petroleum 849.85 Sisneros, Maria 18.00 Six States Distributors 16.78 Skyline Property Group, LLC 409.00 Sloan, Milissa 13.00 Smith Detroit Diesel 311.76 Smith, Brenda 80.00 Smith, Brenda 20.00 Smyth Printing 680.62 Sodexho, Inc. 66.30 Southwest Counseling Service 125.00 Southwest Machine & Welding 800.00 Southwest Wy Wool Warehouse 96.30 Staks 1,185.00 Standard Batteries of SLC 143.90 Standard Plumbing 143.43 Star Transit 108.00 State Farm Insurance 39.62 State of Wyoming 94,305.78 Sterling Communications 3,636.17 Sterling Trucks of Utah 96.74 Straw, Sharon 40.00 Straw, Sharon 10.00 Superior Lumber Co. 650.40 Sweetwater Feed 49.13 Sweetwater Ford 64.12 Sweetwater Heights 174.00 Sweetwater Heights 302.00 Sweetwater TV Co. Inc. 209.48

Tarufelli, Bob 145.92 Tarufelli, Bob 104.85 Tarufelli, Bob 65.44 Tarufelli, Robert 2.27 The Candy Basket 225.87 The Network 862.50 The Staywell Company 303.95 The Staywell Company 233.45 The Wyoming Business Report 480.00 Thomson Micromedex 2,652.00 Three Sons 2,527.27 Three Sons, Inc. 22,745.44 Tip-Top Cleaners 302.40 Tire Den Inc. 2,262.38 Tom’s Wyoming Glass 118.50 Trafton, Alan 10.41 Trans Equip & Supply 755.57 Unisen, Inc. 1,039.94 United Parcel Service 170.97 United States Welding Inc. 16.70 V-1 Oil Co. 15.38 Vase, Bill 183.12 Vaughn’s Plumbing 791.71 We’re the $2.95 Guys 1,486.80 Wells Fargo Card Services, Inc. 3,036.93 Wells Fargo Remittance Center 3,089.28 Western Wyoming Beverage 70.00 Western Wyoming College 1,250.00 Wheatland Fire Equipment Co. 855.93 Whisler Chevrolet Co. 510.19 Wilkinson, Kimberly 25.00 Wyant, Thomas 66.50 Wyo Assoc of Sheriffs & Chiefs 500.00 Wyo Dept of Revenue & Taxation 575.95 Wyo Dept Transportation 1,743.37 Wyo State Board of Pharmacy 25.00 Wyoming Com LLC 570.75 Wyoming Rents LLC 383.50 Wyoming Retirement System 52,426.56 Wyoming State Historical Society 140.00 Wyoming Work Warehouse 74.85 Yarker, Jalynn 13.00 Yarborough, Joseph & Amy 14.17 LECC Conference 90.00 Total $924,644.42

Report Checks for May

AFLAC Insurance Employee Premiums $ 1,727.02 Highmark Life & Casualty Employee Premiums 1,386.40 Equitable Life Employee Deferred 725.00 ICMA Retirement corp Employee Deferred 7,955.49 Great-Wet Life & Annuity Employee Deferred 2,366.00 AFSCME Local #1004 Employee Dues 24.75 Colonial Life & Accident Employee Premiums 88.72 Wyo Child Support Enf. Child Support Payments 4,672.14 State of Idaho Child support Child Support Payments 249.00 RS Firefighter Assn #1499 Employee Dues 1,216.00 Clerk of Circuit Court Employee Garnishments 267.29 RS City Treasurer Employee BCBS Reimb. 17,748.09 NCPERSGroup Life/Prudential Group Life Employee Deductions 801.00 New York Life Insurance Employee Premiums 86.46 RS Police Protective Assoc Employee Dues 380.00 UMWA/OAW Local #4893 Employee Dues 971.02

United Way of Swtr. Co. Employee Deductions 243.70 Waddell & Reed Financial Svcs. Section 529 Plan 100.00 Wyoming Retirement System Fire Benefit City/Emply 25,977.35 Wyoming Workers Comp Employee Benefits 16,327.64 Wyoming Workers Comp Work Restitution Workers 17.02 Wyoming Retirement System Employee Benefits 50,705.42 Wyoming Retirement System Law Enforcement 40,142.06 Swtr, Federal Credit Union Employee Deductions 47,826.03 Internal Revenue Service Electronic Fund Transfer 121,053.90 Department of Employment Unemployment Claims 14,890.83 Total $357,948.33

May 5 Salaries $570,185.70

Councilman Horn moved to approve the bills and claims for May 18 and the May 5 salaries. Seconded by Councilman Banks. Motion carried unanimously.

UNFINISHED BUSINESS

Councilman Horn asked Mr. Kauchich if the portion of Foothill Boulevard in front of Victory Subdivision will have to be upgraded from an arterial to an industrial street. Mr. Kauchich replied that according to subdivision rules, Foothill will remain classified as an arterial, but the roads inside the park will have to be designed for industrial use according to the subdivision rules. Councilman Horn noted that highway department drawings show Foothill has only 8 inches of crushed base and 2 inches of asphalt, but the standards require 10 inches of base and 3 inches of asphalt. Mr. Kauchich said he is aware of that although by now the top pavement is more than 2 inches because of several overlays. Councilman Horn said his concern is that the road will not be able to withstand heavy truck traffic. Mayor Kaumo said several roads are being scrutinized to keep this concern in check.

NEW BUSINESS

Councilman Shea moved to approve a request from the Parks and Recreation Department to waive fees at all city recreation facilities for conference delegates to the Wyoming Recreation and Parks Association (WRPA) conference on September 14-16 and to allow the department to apply for a Wyoming Arts Council grant for a Buffalo Bill Sings Songs of the West concert at Bunning Park on July 13. Seconded by Councilman Cheese. Motion carried unanimously.

Councilman Kourbelas moved to approve a request from the Finance Department to raise infrastructure depreciation capitalization levels to $25,000 from the current level of $10,000 for GASB 34 reporting. Seconded by Councilman Tate. Motion carried unanimously.

Councilmember Gilbert moved to approve requests from the Police Department to fill one police officer position during Ofc. Thorburn’s leave of absence with the DCI task force, to fill the police officer position vacated by Ofc. Steve Van Valkenburg, and to fill the detention officer position vacated by Rebecca Lane. Seconded by Councilman Cheese. Motion carried unanimously.

Councilman Banks moved to approve a request from the Department of Public Services to fill a vacant Wastewater Plant Operator II position. Seconded by Councilman Shea. Motion carried unanimously.

Councilmember Gilbert moved to approve a request from Porky’s for a liquor catering permit for an anniversary party on June 5 at SCM parish center. Seconded by Councilman Shea. Motion carried unanimously.

RESOLUTIONS

Resolution 2004-110, A RESOLUTION ACCEPTING AND APPROVING CHANGE ORDER NO. 1 WITH BIG HORN ROOFING, INC., AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID CHANGE ORDER ON BEHALF OF SAID CITY, was read by title. Councilman Horn moved to approve Resolution 2004-110 for an extension of time. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-111, A RESOLUTION ACCEPTING AND APPROVING A SUBGRANT/SUBRECIPIENT AGREEMENT WITH CURLY TOTH AND SONS, DBA RAT FINK CHOPPERS, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilmember Gilbert moved to approve Resolution 2004-111. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-112, A RESOLUTION ACCEPTING AND APPROVING A SUBGRANT/SUBRECIPIENT AGREEMENT WITH THE YOUNG-AT- HEART SENIOR CENTER, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilman Cheese moved to approve Resolution 2004-112. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-113, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF CEDAR SPRINGS SUBDIVISION, PHASE 1, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY HASKELL HOMES, INC., A UTAH CORPORATION, COVERING A 4.90-ACRE TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Mr. Kauchich advised that drainage plans and construction drawings for this subdivision are inadequate. He recommended tabling both Resolution 2004-113 and 2004-114. Councilman Kourbelas moved to table Resolution 2004-113. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-114, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF CEDAR SPRINGS SUBDIVISION, PHASE 2, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY HASKELL HOMES, INC., A UTAH CORPORATION, COVERING A 7.01-ACRE TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas

moved to table Resolution 2004-114. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-115, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY PLAT OF BITTER CREEK BEND SUBDIVISION AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY DOUD, BTS, AND COVERING A 12.262-ACRE TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 3, RESURVEY TOWNSHIP 18 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-115. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, and Gilbert; abstained: Mayor Kaumo. Motion carried.

Resolution 2004-116, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY PLAT OF MOUNTAIN SHADOWS SUBDIVISION, PHASE 2, AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, AND COVERING A 2.710-ACRE TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Banks moved to approve Resolution 2004-116. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, and Kourbelas; abstained: Mayor Kaumo. Motion carried.

Resolution 2004-117, A RESOLUTION APPROVING AND ACCEPTING THE COMPLETE FINAL PLAT FOR SUMMIT VIEW ESTATES, PHASE 1, A PLANNED UNIT DEVELOPMENT WITHIN THE CORPORATE LIMITS OF THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY G. KEVIN KELLER, AND COVERING A 7.26-ACRE TRACT SITUATED IN BLOCK 9 OF THE MOUNTAIN VIEW SUBDIVISION, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Horn moved to approve Resolution 2004-117. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilman Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, and Porenta; abstained: Mayor Kaumo. Motion carried.

Resolution 2004-118, A RESOLUTION APPROVING AND ACCEPTING THE COMPLETE FINAL PLAT FOR SUMMIT VIEW ESTATES, PHASE 2, A PLANNED UNIT DEVELOPMENT WITHIN THE CORPORATE LIMITS OF THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY G. KEVIN KELLER, AND COVERING A 5.56-ACRE TRACT SITUATED IN BLOCK 9 OF THE MOUNTAIN VIEW SUBDIVISION, SWEETWATER COUNTY, WYOMING, was read by title. Coucnilman Porenta moved to approve Resolution 2004-118. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, and Shea; abstained: Mayor Kaumo. Motion carried.

Resolution 2004-119, A RESOLUTION APPROVING AND ACCEPTING THE COMPLETE FINAL PLAT FOR SUMMIT VIEW ESTATES, PHASE 3, A PLANNED UNIT DEVELOPMENT WITHIN THE CORPORATE LIMITS OF THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY G. KEVIN KELLER, AND COVERING A 8.24-ACRE TRACT

SITUATED IN BLOCK 9 OF THE MOUNTAIN VIEW SUBDIVISION, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Banks moved to approve Resolution 2004-119. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, and Gilbert; abstained: Mayor Kaumo. Motion carried.

Resolution 2004-120, A RESOLUTION ACCEPTING A QUITCLAIM DEED FROM QUESTAR PIPELINE COMPANY, was read by title. Mayor Kaumo informed council that Questar wants to give a portion of the creek by their D Street office to the city. Councilman Tate moved to approve Resolution 2004-120. Seconded by Councilmember Gilbert when she asked about the probability of the creek flooding. Mr. Kauchich responded that, with the exception of a small portion, the city already owns the majority of the creek in that section; whereas, Questar owns everything to the east of G Street. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Kaumo. Motion carried.

Resolution 2004-121, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH PAISLEY & BARNES STRIPING, 798 TWEED LANE, LANDER, WY 82510 IN THE AMOUNT OF $21,131.74, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Kourbelas moved to approve Resolution 2004-121. Seconded by Councilman Banks who questioned why the contract is being awarded so quickly. Mr. Kauchich replied that the county awarded their portion earlier today so the contractor can begin painting the badly faded stripes immediately. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

ORDINANCES

Ordinance 2004-09, AN ORDINANCE AMENDING SECTION 802(d)2. OF THE PERSONNEL POLICIES AND PROCEDURES OF THE CITY OF ROCK SPRINGS, WHICH SECTION PERTAINS TO COMP TIME, was placed on third reading and read by title. Councilman Kourbelas moved to approve Ordinance 2004- 09. Seconded by Councilman Cheese. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Ordinance 2004-10, AN ORDINANCE REZONING A PARCEL OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-1 (LOW DENSITY RESIDENTIAL) AND R-4 (MEDIUM DENSITY RESIDENTIAL) TO THE ZONING DESIGNATION OF R-2 (LOW DENSITY RESIDENTIAL), was placed on second reading and read by title.

Ordinance 2004-11, AN ORDINANCE AMENDING ARTICLE 7-7 OF THE ORDINANCES OF THE CITY OF ROCK SPRINGS, WYOMING ENTITLED, “CROSS-CONNECTION AND BACKFLOW CONTROL,” was placed on second reading and read by title. Upon recommendation from the city engineer, Councilman Kourbelas moved to amend Sec. 7-706a)2 entitled “Requirements” by reducing the time allowed for cross-connection or backflow

prevention devices to be provided for premises exhibited to have a low degree of hazard from 30 months to 12 months. Seconded by Councilmember Gilbert. Motion carried unanimously. Ordinance 2004-11, as amended, will move to third reading at the next council meeting.

NON-AGENDA ITEM

Councilmember Gilbert complimented Paul Kauchich and Vess Walker for their handling of the current influx of engineering and public service requests. She said the result of their competency will remain evident for years to come.

EXECUTIVE SESSION

At 8:10 p.m. Councilman Horn requested an executive session to discuss two personnel issues. Councilman reconvened at 8:29 p.m. No action was taken.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 8:30 p.m.

XX11

City council met in regular session on June 1, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve Shea, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo; absent: John Cheese. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and senior accountant Lisa Tarufelli.

Councilman Tate moved to approve the amended agenda. Seconded by Councilman Shea. Motion carried unanimously.

Councilman Shea moved to approve the May 18 minutes. Seconded by Councilmember Gilbert. Motion carried unanimously.

COMMENDATION

Mayor Kaumo presented Angie Eckhardt McCann, business manager of White Mountain Mall, with a certificate of appreciation following her notification that she will be moving from Rock Springs. Mayor Kaumo acclaimed her excellent marketing skills and many achievements while manager of the mall.

PRESENTATIONS

George Parks, executive director of the Wyoming Association of Municipalities, addressed council. First, he thanked council for their help during the last legislative session and said other cities in the state owe them a debt of gratitude for their determination in helping to get local government funding. He then appealed to council to reverse their earlier decision not to support the new WAM building in Cheyenne. He said the timing, size and location of the proposed building is right. He said WAM would like all cities and towns to either pledge or make payments toward the new building estimated to cost $985,000. Mr. Parks noted that WAM itself will use 40% of their reserve funds ($155,000) toward this project. He said at this time 50% of the 98 cities and towns have either committed or have made payment for a total of $290,000, and he is confident that by next year there will be

100% participation. They are seeking donations from foundations and businesses as well. Mr. Parks distributed information on resources provided by WAM along with a list of legislative and regulatory accomplishments initiated by WAM over the past five years.

In answer to Councilman Kourbelas’ question, Mr. Parks said WAM has outgrown their present office and the alternative to purchasing would be to move to a larger building where rent could run up to $29,000 per year. Councilmember Gilbert urged council to consider contributing to WAM’s building fund adding that their networking service is invaluable. Councilman Shea stated that WAM’s help in getting legislation passed in municipalities’ favor is essential to most cities’ and towns’ survival. In return, he said all cities and towns should share in WAM’s call for aid. Mayor Kaumo agreed that some commitment could be made although he had reservations about the amount with the current budget crisis and sewer issues. Councilman Kourbelas asked how the size of the new building compares to that of the rented office. Mr. Parks answered that the new building will be approximately 5,000 s.f. compared to 1500 s.f. for the existing rented office.

PUBLIC HEARINGS

Comments on Proposed Increase to Sewer Use Fees for Periods Beginning July 1, 2004 and July 1, 2005

There were no comments. Action to be taken under Resolution 2004-125.

Petition to Rezone Two Parcels of Ground (Bunning Remainder Tracts) from R-1 (Low Density Residential) and R-2 (Low Density Residential) to R-3 (Medium Density Residential) Filed by Red Horse Oil Company

Leslie Pattinson, 1115 Adams Avenue, said that as a ten-year homeowner and resident of Adams Avenue, she is strongly opposed to the residential zoning designation change proposed by Desert Oil Company for the 12-acre parcel adjacent to her home. She said single-family homes are predominant on Adams Avenue and maintaining that structure appeals to future home buyers and keeps home values consistent. It helps make streets safe for children and elderly. She said as more multi-family, medium density dwellings are constructed on the outskirts, nuisance issues such as petty crimes, noise and traffic problems surface. She said many people purchased their homes with the understanding that the surrounding area was to benefit neighborhood property. She said to change that now would damage homeowners’ interests. She urged council not to allow the zone change.

Bill Telck, 1115 Adams Avenue, expressed concern about the proposed development behind his property. Those concerns were: 1. difficult access to existing areas; 2. his property becoming totally inaccessible and unusable; 3. the development of undermined land adjacent to his property that was purported not to become exploited; 4. backfill activity resurfacing; and 5. traffic overflow through Fancher Street.

Councilman Kourbelas asked Mr. Telck who told him the adjacent property would not be developed. Mr. Telck responded his realtor told him adjacent property cannot be stabilized because it is on a slope and is undermined. He was told because of these conditions, the mine board would not grant clearance for development. He said over the past 20 years he has often parked his R-V behind his garage with the understanding that the land is not going to be used. Councilman Kourbelas asked Mr. Telck if he would still be faced with the same problems if the adjacent land were to remain an R-1 zone. Mr. Telck said that would depend on the type and

configuration of the development. Nevertheless, he said medium density dwellings would only add to the traffic congestion. Mayor Kaumo asked if a buffer zone between the low-density and medium-density dwellings could be a solution. Mr. Telck responded that most residents would probably agree to that. Councilmember Gilbert acknowledged that if a developer wanted to develop the land there is very little the city can do. She noted that if council saw fit, a buffer zone could be stipulated if a plan for development is brought forth. Mr. Telck insisted that he was told the land was not usable. Councilman Banks opined that the information may have been a misunderstanding since portions of the land were previously donated for various uses.

Mary Adams, 1204 Adams Avenue, agreed that the area should remain zoned for single-family dwellings so access problems would not be created. She said if the city controls development through zoning the result will be more attractive neighborhoods with less congestion and less litter. She said as a property owner she is concerned about decreasing home values if the property is rezoned.

Pete Bunning, representing the Red Horse Oil partnership, said the company is requesting the zone change to accommodate the request from a developer interested in purchasing the property for a specific purpose. That intended purpose is the construction of duplexes similar to those in Sage Court. He said although the proposed sale is contingent on the rezone, as seller, Red Horse should not have to address future uses of the property. Mr. Bunning stated the Bunning family has owned adjoining property since 1959. He said it has been divided several times and donated for various uses. Councilman Banks apprised that an R-3 zone would permit two-family dwellings, but not apartment complexes. Following discussion to table, Councilman Horn noted that action on this zoning request will take two more readings of the ordinance; therefore, there is no need to table the request at this time. Councilman Kourbelas stated that although other issues are being discussed with regard to this request, the only issue under consideration at this point is rezoning. Although he agreed access is an important issue and he does not want any residential street turned into a collector street--that is a separate issue.

Barb Kendall, 1023 Adams Avenue, questioned the stability of the land offered for sale as well as ground under existing homes if the property is developed. She said property owners in the area must carry subsidence insurance, but she wondered who would pay for damage that may occur as a result of new excavation. She asked why development at the Thompson Apartments ceased. Mayor Kaumo responded that it stopped because of a lack of funds. He advised that before a lending institution will grant a loan, geotechnical work would be required. Ms. Kendall asked if the city will stand behind a grouting project. Mayor Kaumo responded that before such a procedure takes place, AML representatives will scrutinize area homes that may be affected by the work. Ms. Pattinson stated although they say they investigate, they seldom do. Mayor Kaumo noted that perhaps the grouting project is being confused with the exploratory slurry project for which initial investigations were not done. He explained that the developer will take all these concerns under advisement. Councilman Shea added that residents carry subsidence insurance for this purpose.

Ms. Pattinson complained that duplex dwellers are usually tenants rather than homeowners and will not care as much about the neighborhood. Councilman Banks countered that Sage Court duplexes are owned and the proposed development will be modeled after Sage Court.

There were no other petitioners. The public hearing was closed. Action to be taken under Ordinance 2004-12.

PETITIONS

Stagecoach/Elk Street Intersection

Petitioner Mary Johnson, 2069 Fir Drive, expressed concern about traffic congestion at the intersection of Stagecoach and Elk streets. She said semis coming from the east attempting to enter the Flying J parking lot block traffic traveling north and south on Elk Street and east and west on Stagecoach. City engineer Paul Kauchich reported that the transportation department has plans to widen the turning radius, but that will not resolve the congestion. Mayor Kaumo added that their plan to install sidewalks will be of very little help in this regard. He said he will contact John Eddins of WYDOT to discuss the issue.

Americans with Disabilities (ADA) Compliance

Mary Johnson, 2069 Fir Drive, informed council that she has worked with ADA for the last 20 years and she wants to be assured that new construction in Rock Springs complies with ADA regulations. Mayor Kaumo replied that new businesses are not issued occupancy permits unless they are in full compliance. He said plans are monitored very closely.

Litter from Construction Sites

Councilman Kourbelas suggested new construction sites be required to put up inexpensive fences in areas under construction so that building materials are contained. He said his experience with the city’s volunteer clean-up program has shown that the majority of debris within the city comes from construction sites. Mayor Kaumo said he will move forward with the recommendation.

OFFICERS AND STAFF REPORTS

Director of Parks and Recreation Dave Silovich reported that Big Horn Roofing Inc. has completed the recreation center roofing project, and it was not necessary to use force account monies.

COUNCIL COMMITTEE AND BOARD REPORTS

Joint Community Development/Downtown Advisory/Improvement Foundation Committee

Recommendation to Form an Urban Renewal Board

Marty Martin reported that the Community Development, Downtown Advisory and Improvement Foundation committees met on May 26 at which time it was recommended that the governing body establish an Urban Renewal Agency to facilitate the restoration of downtown and other areas identified by the agency. He asked that a workshop be scheduled in the near future to discuss the concept in depth.

He said some of the reasons an Urban Renewal Agency rather than a Downtown Development Authority was recommended was ease of formation, a broader area of operation, the allowance it gives the governing body to deal with housing issues, the wider area from which five commissioners can be drawn, the option of hiring an executive director, the authority it gives the municipality in condemning real property, and the additional flexibility it gives the municipality when dealing with areas that require revitalization.

Councilman Tate commented that the committee has done excellent research. He noted, however, that communities along the corridor, with the exception of Evanston, use downtown development authorities. One of the reasons may be that urban renewal boards rely heavily on municipal funding whereas D.D.A.’s generate most of their revenues through donations from businesses and foundations for their work that is strictly limited to downtown areas. He stated that for uses anticipated by the city of Rock Springs, the urban renewal board would be the better choice. Mr. Martin agreed that the urban renewal board would work better to revitalize the entire community. Councilman Banks thanked Mr. Martin and the joint committee for their extensive research. He moved to go forward with their recommendation. Seconded by Councilmember Gilbert. Councilman Porenta interjected that city ordinance already provides for an urban renewal board. City attorney Vince Crow noted that the ordinance may require amendments. Motion carried unanimously.

WCDA Grant Application Request

Marty Martin reported that the Community Development, Downtown Advisory and Improvement Foundation committees met on May 26 and discussed a recommendation made by Ray Sarcletti and Pat Robbins on behalf of Gerry Fedrizzi to apply for a WCDA housing grant administered by the Wyoming Business Council for a water line to the proposed Veterans Park Subdivision. He said because the grant requires municipal sponsorship, the application would require city backing. He said Resource Industries proposes to move 24 houses from Table Rock to the Veterans Park Subdivision rather than allowing the houses to be demolished. Councilmember Gilbert noted that if the plan to move the houses is derailed, the water line would still be considered city infrastructure. Mr. Martin added that there is no cost to the city. Councilmember Gilbert moved to allow the city to accept sponsorship of the grant. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, and Shea. abstained: Mayor Kaumo; absent: Councilman Cheese. Motion carried.

Municipal Court Committee

Councilman Horn reported that the Municipal Court Committee met last week. A report will be forthcoming.

Cemetery

Councilmember Gilbert relayed compliments from Sweetwater County Commissioner John Pallesen regarding the cemetery’s appearance on Memorial Day.

CORRESPONDENCE

The following correspondence was received: 1. a thank you from the 2004 Lyman Destination Imagination teams; 2. a letter from the U.S. Department of Agriculture, Ashley National Forest, requesting input on a fuel reduction project in the area surrounding the East Park campground and an invitation to participate in a field review of the area; 3. a letter from the U.S. Department of Interior, BLM requesting input on the proposed Hanna Draw Coalbed Natural Gas Pilot Project (HDCBNGPP); letters from the Wyoming Business Council notifying the city of the close-out of the telecommunications and Blairtown “Planning Only” grants and of an anticipated contract-letting date for the proposed Dewar Drive Highway project, and their staff recommendations for Business Ready Community projects. Councilman Shea moved to accept the correspondence and place it on file. Seconded by Councilmember Gilbert. Motion carried unanimously.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

A Pleasant Construction $ 25.00 A.D. Starr 459.24 A-1 Electrical Contractors Inc. 200.00 Advanced Automotive 156.56 Advanced Tele Systems 5,225.32 Adventure Media 333.00 Airgas Intermountain 317.59 Allied Glass Service 44.69 American Assoc for State 75.00 Asphalt Services 1,878.25 Auto Parts Unlimited 1,169.21 Awards Unlimited 164.70 Bear Irrigation 344.50 Bicentennial Apt Village 18,884.00 Big Horn Roofing 35,369.64 Big W Supplies 120.11 Bloedorn Lumber 98.66 Blue Cross-Blue Shield 19,697.71 Blue Ribbon Sod Farm 2,175.00 Bookcliff Sales Inc. 141.88 Books West LLC 175.33 C.E.M. Maintenance 149.05 Campbells Plumbing 3,169.75 Centennial Sales 301.80 Center Street 77 Service 145.00 Century Martial Art Supply 133.89 City of Rock Springs 188,558.30 Climbing Magazine 49.95 Conner, Randy 95.00 Corporate Express Imaging 118.35 CPS Distributors Inc. 389.80 Cummins Intermountain 29.70 Dann & Meacham 2,506.50 DeBernardi Construction Co. 211,704.10 Dell 3,265.56 Dewey, Denise R. 380.00 Dewey, Steven 12.53 Digital Select 64.98 Eaton, Becky 19.80 Emergency Medical Prod., Inc. 7.50 Equifax Credit Information 5.00 Erramouspe, Dominic 46.85 Evans, Sam or Lynda 26.04 Ferrero Electric 275.00 Fieseler, Jake 50.00 Foremost Promotions 553.65 Globe Electric 1,416.53 Grainger, Inc. 370.13 Green River Star 131.25 GT Distributors 629.75 Gunderman, William 58.34 Hall, Ron 380.00 Highmark Life Insurance Company 748.29 Horrocks Engineers, Inc. 4,240.00 Human Kinetics Publishers 248.24 Hunter Family Medical Clinic 12,179.00 IABTI 75.00 Indo-American Engineering 2,986.14 Intl Narcotics Enf Officers 40.00 J&A Handy-Crafts, Inc. 546.95

JFC Engineers, Architects, Surveyors 1,449.05 Jim’s Upholstery 30.00 JM Electrical Services 212.12 Johnston Pump/Crown Pump 6,595.00 Johnstone Supply 310.00 Knight, James 1,500.00 Kois Brothers Equipment Co. 358.50 Kopy Korner 11.96 Lathrop Feed & Equipment 613.15 Leroux 1,175.00 Lewis & Lewis Inc. 147,734.92 Lewis Tree Service 4,678.25 Lindsey, John A. 38.96 Lynn Peavey Company 161.30 Maska US Inc. 5,435.26 McLeod USA 862.44 Memorial Hospital of Swtr. Co. 772.60 Modern Electric Co. 751.00 Moneyhun Welding & Fabricating 30.50 Morgantown National Supply 1,414.00 New Studio 17.93 Nickel Ridge Portables 705.00 Nike USA, Inc. 550.38 Northwest Scientific 1,199.66 Nu-Tech Specialties 1,811.70 Oakridge Development, Inc. 36,508.63 Old Dominion Brush 340.00 Oregon Transportation Dept. 3.00 Oriental Trading 258.72 Pacific Power & Light 19,725.02 Performance Overhead Door Inc. 614.85 Petty Cash—City Treasurer 83.35 Plummer, Deborah 150.00 Postage by Phone 1,000.00 Printers’ Alley 256.98 Pro-Shade 45.48 Public Safety Center, Inc. 106.61 Questar Gas 5,799.53 Qwest 4,024.07 Rock & Ice 20.00 Rock Springs Hide & Fur 49.18 Rock Springs Newspapers 5,852.58 Rock Springs Recycling Center 3,750.00 Rocky Mtn Service Bureau 42.00 Ron’s Ace Rental 1,752.35 Se-me 299.99 Seals, Nick 25.00 Shadow Mountain Springs Water 100.80 Shahan Weed & Pest Control 125.00 Sherwin Williams 352.92 Sideline Collections, Inc. 50.00 Sil Fitness, Inc. 308.65 Simons Petroleum 4,134.80 Skillpath Seminars 388.00 Smith Detroit Diesel 359.63 Spa World 242.00 Spri Products Inc. 53.40 Staks 58.75 Superior Signals, Inc. 73.49 Surfaces Inc. 84.00 Sweetwater County Clerk 39.00 Sweetwater County Health Dept 120.00 Sweetwater County Treasurer 780.71 Sweetwater Feed & Tack 185.13

Sweetwater Ford -49.13 Sweetwater Heights 323.00 Sweetwater Plumbing & Htg. 17.20 Sweetwater Radiology 106.00 Tabuchi, Doug 50.00 Tarufelli, Robert L. 20.20 The Candy Basket 331.69 The PGA of America 431.00 Thomson Learning 48.52 Three Sons 3,567.13 Three Sons, Inc. 32,104.11 Three Way Inc. 20.00 Titleist 5,684.02 TM Books & Videos 46.62 Tom’s Wyoming Glass 29.00 UBTA-UBET Communications 86.66 Ultramax 6,175.00 United Parcel Service 77.80 United States Welding Inc. 129.17 Van Diest Supply Company 4,949.00 Vase Funeral Chapels 498.00 Vaughn’s Plumbing 2,502.67 Verizon Wireless 1,594.76 Walmart Community Brc 2,932.17 WDH-Substance Abuse Division 100.00 Webb, Regina 150.00 Weber State University 17,703.00 Wells Fargo 1,000.00 West Group Payment Center 2,256.09 Wheatland Fire Equipment Co. 205.40 White Mountain Construction 100.00 Widdison Turbine Service LLC 2,665.00 Wilkinson, Charles Jr. 380.00 Williams, Penny 150.00 Wisco 708.65 Wyo Assn of Municipalities 920.00 Wyoming Com LLC 675.00 Wyoming Dept of Agriculture 50.00 Wyoming Financial Insurance, Inc. 9,225.00 Wyoming Law Enf Academy 514.00 Wyoming Medical Center 30.00 Wyoming Paper Supply 7,549.57 Wyoming Waste 2,130.14 Youngs 48.14 Zueck Transportation 861.13 Total $898,841.12

Report Checks for May 20

Employee Garnishments Employee Deductions $ 290.06 Internal Revenue Service Electronic Fund Trnasfer 83,824.81 Sweetwater Fed Credit Union Employee Deductions 27,318.71 Wyoming Child Support Child Support Payments 2,720.08 Idaho Child Support Child Support Payments 249.00 Total $114,402.66

May 20 Salaries $341,636.90

Councilman Tate moved to accept the bills and claims for June 1 and the May 20 salaries. Seconded by Councilman Shea. Motion carried unanimously.

UNFINISHED BUSINESS

Councilman Horn complained that the cut across Skyline Drive for the completed water line project has still not been repaired. He pointed out that city council policy requires the replacement of pavement or asphalt within ten working days of the completion of work. He said Jackman Construction has had more than six weeks to remedy the problem. City engineering Paul Kauchich said Jackman was notified to make the repairs and not having done so, another contractor has been directed to make the patch. The cost of repairs will be withheld from Jackman’s retainage.

NEW BUSINESS

Councilman Shea moved to approve a request from the Engineering Department to submit an application for Wyoming Department of Transportation T.E.A.L. grant funds for the pedestrian/bike path project, Phase II. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilmember Gilbert moved to approve a request from the Parks and Recreation Department to apply for a Joint Powers Travel & Tourism grant for the Wyoming Recreation and Parks Association (WRPA) Conference. Seconded by Councilman Tate. Motion carried unanimously.

Councilman Banks moved to approve a request from Red Desert Roundup Rodeo, Inc. for street closures on July 31 for the Red Desert Roundup parade. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Shea moved to approve a request from the International Ambassadors for a malt beverage permit for International Days on July 9 and 10 at Bunning Park. Seconded by Councilman Porenta. Motion carried. Councilman Tate abstained.

Councilman Tate moved to approve a request from Lew’s Inc. for a liquor catering permit for the Wyoming Solid Waste and Recycling Association convention on August 26 at the events complex. Seconded by Councilman Kourbelas. Motion carried unanimously.

RESOLUTIONS

With the understanding that proposed Cedar Springs Subdivision has met engineers’ criteria, Councilman Kourbelas moved to remove Resolution 2004-133 from table. Seconded by Councilman Shea. Motion carried unanimously. Resolution 2004-113, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF CEDAR SPRINGS SUBDIVISION, PHASE 1, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY HASKELL HOMES, INC., A UTAH CORPORATION, COVERING A 4.90-ACRE TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-113. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo; absent: Councilman Cheese. Motion carried.

Councilman Kourbelas moved to remove Resolution 2004-114 from table. Seconded by Councilmember Gilbert. Motion carried unanimously. Resolution 2004-114, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF CEDAR SPRINGS SUBDIVISION, PHASE 2, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY HASKELL HOMES, INC., A UTAH CORPORATION, COVERING A 7.01-ACRE TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-114. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Tate, Kourbelas, and Mayor Kaumo; absent: Councilman Cheese. Motion carried.

Resolution 2004-122, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF MOUNTAIN SHADOWS SUBDIVISION, PHASE 2, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY LEGACY BUILDERS, COVERING A 2.710-ACRE TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, RESURVEY OF TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Porenta moved to approve Resolution 2004-122. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilman Shea, Tate, Kourbelas, Gilbert, Banks, Horn, and Porenta; abstained: Mayor Kaumo; absent: Councilman Cheese. Motion carried.

Resolution 2004-123, A RESOLUTION ACCEPTING AND APPROVING A SERVICES AGREEMENT WITH THE SANBORN MAP COMPANY, INC., AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID SERVICES AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilmember Gilbert moved to approve Resolution 2004-123. Seconded by Councilman Tate. With a price tag of $227,850, Councilman Horn asked if proposals were sought from other GIS companies. Mr. Kauchich said they were. He stated that Sanborn gave the city a good deal on the first phase of the project, and feels their expertise will carry through to the next phase. He said consistency is important to the overall scope of this project. He said comparative costs were not significantly different. Councilman Horn contended that this type of agreement should not be treated any differently than any other contract. He said a good job on one phase is no guarantee on future phases. Councilmember Gilbert countered that a new company may in the long run cost more because they may need to spend time looking for information already known to Sanborn. Mr. Kauchich agreed that Sanborn is the most familiar with the project and the city. Councilman Kourbelas opined that past performance is the best indicator of success. Nevertheless, Councilman Horn said he would have liked to compare proposals. Mayor Kaumo advised that according to council policy, professional services are not required to be bid. He added that with such a complex project, staying with a contractor who has given excellent performance is the best course to take. Upon roll call the following voted in favor: Councilmen Porenta, Banks, Gilbert, Kourbelas, Tate, Shea, and Mayor Kaumo; opposed: Councilman Horn; abstained: Councilman Cheese. Motion carried.

Resolution 2004-124, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, TO SUBMIT AN APPLICATION FOR GRANT FUNDS THROUGH THE TRANSPORTATION ENHANCEMENT ACTIVITIES LOCAL

(T.E.A.L.) PROGRAM ADMINISTERED BY THE WYOMING DEPARTMENT OF TRANSPORTATION FOR THE FOOTHILL BOULEVARD PEDESTRIAN/BIKE PATH PROJECT – PHASE II, was read by title. Councilman Kourbelas moved to approve Resolution 2004-124. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo; absent: Councilman Cheese. Motion carried.

Resolution 2004-125, A RESOLUTION SETTING THE SEWER RATE FOR THE PERIODS BEGINNING JULY 1, 2004 AND JULY 1, 2005, was read by title. Councilman Kourbelas noted that in order to begin the much needed sewer plant expansion, additional revenues must be raised. Higher sewer use rates are being proposed as a means to effectively apply for a state loan. As with any loan, he explained that in order to secure a loan, the borrower must be able to show the ability to repay it. He moved to approve Resolution 2004-125. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Tate, Kourbelas, and Mayor Kaumo; absent: Councilman Cheese. Motion carried.

Resolution 2004-126, A RESOLUTION ACCEPTING AND APPROVING THE FINAL PLAT FOR SKYVIEW ESTATES FIFTH ADDITION AS A SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY SKYVIEW DEVELOPMENT LLC, COVERING A 5.609-ACRE TRACT OF LAND SITUATED IN FEDERAL LOT 1 OF SECTION 16, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Horn moved to approve Resolution 2004-126. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Shea, Tate, Kourbelas, Gilbert, Banks, Horn, and Porenta; abstained: Mayor Kaumo; absent: Councilman Cheese. Motion carried.

Resolution 2004-127, A RESOLUTION ACCEPTING AND APPROVING THE FINAL PLAT FOR SKYVIEW ESTATES SIXTH ADDITION AS A SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY SKYVIEW DEVELOPMENT LLC, COVERING A 3.918-ACRE TRACT OF LAND SITUATED IN FEDERAL LOT 1 OF SECTION 16, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilmember Gilbert moved to approve Resolution 2004-127. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, and Shea; abstained: Mayor Kaumo; absent: Councilman Cheese. Motion carried.

Resolution 2004-128, A RESOLUTION ACCEPTING AND APPROVING THE FINAL PLAT FOR SKYVIEW ESTATES SEVENTH ADDITION AS A SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY SKYVIEW DEVELOPMENT LLC, COVERING A 2.646-ACRE TRACT OF LAND SITUATED IN FEDERAL LOT 1 OF SECTION 16, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SEVENTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Horn moved to approve Resolution 2004-128. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Shea, Porenta, Horn, Banks, and Gilbert; abstained: Mayor Kaumo; absent: Councilman Cheese. Councilman

Banks moved to amend Resolution 2004-128 by changing Seventh Principal Meridian to Sixth Principal Meridian. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Tate, and Kourbelas; abstained: Mayor Kaumo; absent: Councilman Cheese. Motion carried.

ORDINANCES

Ordinance 2004-10, AN ORDINANCE REZONING A PARCEL OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-1 (LOW DENSITY RESIDENTIAL) AND R-4 (MEDIUM DENSITY RESIDENTIAL) TO THE ZONING DESIGNATION OF R-2 (LOW DENSITY RESIDENTIAL), was placed on third reading and read by title. Councilmember Gilbert moved to approve Ordinance 2004-10. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Shea, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo; absent: Councilman Cheese. Motion carried.

Amended Ordinance 2004-11, AN ORDINANCE AMENDING ARTICLE 7-7 OF THE ORDINANCES OF THE CITY OF ROCK SPRINGS, WYOMING ENTITLED, “CROSS-CONNECTION AND BACKFLOW CONTROL,” was placed on third reading and read by title. Councilman Kourbelas moved to approve Ordinance 2004-11. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Shea, and Mayor Kaumo; absent: Councilman Cheese. Motion carried. Councilman Horn asked if this amendment will cost developers additional money when they install sewer taps. Mr. Kauchich responded that nothing new is being required, but the amendment will bring wording into compliance with DEQ regulations.

Ordinance 2004-12, AN ORDINANCE REZONING TWO PARCELS OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-1 (LOW DENSITY RESIDENTIAL) AND R-2 (LOW DENSITY RESIDENTIAL) TO THE ZONING DESIGNATION OF R-3 (MEDIUM DENSITY RESIDENTIAL), was placed on first reading and read by title.

Ordinance 2004-13, AN ORDINANCE AMENDING ORDINANCE 3-526 OF THE ORDINANCES OF THE CITY OF ROCK SPRINGS, WYOMING ENTITLED, “PROBLEM DOGS,” was placed on first reading and read by title.

NON-AGENDA ITEM

Mayor Kaumo relayed a statement from a WAM member that decisions made by the Rock Springs city council and the city’s progress are being carefully watched by other communities. He commended council for setting the standard.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 9:18 p.m.

XX12

City council met in regular session on June 15, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson.

Mayor Kaumo said the city’s thoughts and prayers are with Den Costantino and his family at this time.

Councilman Shea moved to accept the amended agenda. Seconded by Councilman Porenta. Motion carried unanimously.

Councilman Cheese moved to approve the June 1 minutes. Seconded by Councilmember Gilbert. Motion carried unanimously.

COMMENDATION

Mayor Kaumo presented plaques to the following long-term city employees hired during the first half of previous years: 10-years: Russ Petek, Debra Irwin, Debra Rubeck, and James Chick; 15-years: Becky Costantino and Harry Horn; 20- years: Bob Parton; and 25-years: Elmer Dimick and Don Maxwell. Mayor Kaumo thanked these employees for their dedication to the city.

PUBLIC HEARINGS

Statutory Hearing on the Proposed Budget for Fiscal Year Ending June 30, 2005

There were no comments. Mayor Kaumo said he received a letter from Robert Tiede stating he would have commented on the budget as usual, but is recovering from surgery and is unable to make the meeting. Action to be taken under Resolution 2004-132

Application for CDBG Housing Funds under Sponsorship by the City of Rock Springs on Behalf of Resource Industries, LLC for Installation of Infrastructure at the Proposed Sands Investment Subdivision (aka Veterans Park Subdivision)

Mayor Kaumo read a letter of support from Ray Sarcletti, Southwest Regional Manager of the Wyoming Business Council. The letter stated the grant will lower development costs and enable affordable housing in Rock Springs within a short period of time. It stated the project meets the eligible housing activities provision of the application by allowing for the rehabilitation of permanent housing to be occupied by moderate income households. New construction of permanent residential housing is not an eligible activity. There were no other comments. Action to be taken under Resolution 2004-135.

Proposed Sale of a 1991 Two-Wheel Drive Dodge Pickup to the Resident Council, Rock Springs Housing Recycle Center

There were no comments. Councilmen Gilbert moved to approve the sale of the vehicle. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

PETITIONS

A letter was received from John W. Callas, 108 Bellview Drive, appealing to council to adopt legislation to make all restaurants smoke-free.

Rezoning Issue

Rose Bunning, 1341 Sage Court, and Katherine Kennedy, were present to address concerns made at the public hearing regarding a zone change to property owned by Red Horse Oil, which will be considered under Ordinance 2004-12. Ms. Kennedy, representing Windriver Custom Homes, the potential purchaser of the property, explained that the proposed development, which will include a homeowners’ association, will consist of 22 unit--10 duplexes and 12 single-family homes--ranging in size from 1500 s.f. to 3,000 s.f. and priced from $200,000 to $300,000. She said the main access into the subdivision will be from the belt loop onto Marchant thus alleviating traffic through the neighborhood. A cul-de-sac within the subdivision will have one entrance and one exit. Fire Chief Sarff warned that only one access may be a problem.

Ms. Kennedy stated she is aware there was also a concern expressed by Bill Telck at the last council meeting about access to his garage. She explained he is requesting an easement to the garage, which he has always accessed by crossing the property in question; but, she said, there are no guarantees that one can be granted since a road within the subdivision is planned for that location.

OFFICERS AND STAFF REPORTS

Councilman Banks moved to accept the Animal Control Report for May, the health insurance fund recap for May, the financial reports for May, and acknowledgment of receipt of financial disclosure statements. Seconded by Councilmember Gilbert. Motion carried unanimously.

COUNCIL COMMITTEE AND BOARD REPORTS

WAM Convention

Councilmember Gilbert commended Councilmen Kourbelas and Cheese for organizing the Rock Springs Youth Council, which received the Innovation Award at the WAM convention last week. She informed council that the WAM board has also established a Bartley Skinner Award to be given to a supportive spouse of a WAM member.

College Location

Mayor Kaumo said he escorted Fr. Bob Cook around town today to point out places of interest. He said Fr. Cook, on behalf of the Catholic Church, is considering Rock Springs among other sites within Wyoming in which to establish a liberal arts college.

CORRESPONDENCE

The following correspondence was received: 1. a letter from the Rock Springs Chamber of Commerce including an activity report along with a request for their fourth quarter budgeted appropriation; 2. a letter from the Young-at-Heart senior citizens center requesting their annual fund match; 3. a notice from the U.S. Department of Interior, BLM, requesting comments on the final environmental impact statements for the Desolation Flats Natural Gas Field Development Project; 4. a letter from the U.S. Department of Agriculture, Forest Service listing locations proposed for future field analysis to improve management of off-highway vehicle use at Ashley National Forest; 5. notice from the U.S. Department of Agriculture, Forest Service of a July 7 deadline for comments on the NEPA Process for Enhancement Project in North Fork Ashley Creek; 6. letters from U.S. Senators Craig Thomas and Michael Enzi congratulating council on receiving the 4-Cs Award from the National BLM. Councilman Porenta moved to accept the correspondence and place it on file. Seconded by Councilman Horn. Motion carried unanimously.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

Adler, Sadie $ 18.00 Advanced Automotive 1,356.00 Advanced Tele Systems 2,055.29 Alpine Office Supply 1,214.50 Ameri-Tech Equipment co. 41.04 American Senior Fitness Assoc 199.00 Amneteg, Olof 7.19 Archibald, Travis 18.00 ARMA 165.00 Arnold Law Offices 150.00 Asphalt Services 4,290.00 Atwood, Frieda 37.00 Auto Parts Unlimited 1,911.00 Beal, Latoya 40.00 Beal, Latoya 10.00 Beatty, Patricia 24.66 Bennett’s Paint and Glass 21.90 Bertagnolli, Mackenzie 425.00 Bertagnolli, William or Spring 177.36 Blanksvard, Carl 193.72 Bob’s Plumbing 550.00 Boschetto Apartments 263.00 Bowar, Ryan & Laura 37.45 Bowker Construction 630.00 Bowling, Chris & Sandy 362.93 Brockbank, alan 18.83 Bross, Jackie 525.00 Brown, Milt & Bonnie 15.83 C.E.M. Maintenance 771.73 California Contractor Supply 79.60 Callas, Michael 325.00 Casper Police Dept. 249.00 Casper Star Tribune 484.00 Caudell, Mike 18.00 CDW Government, Inc. 72.63 Center Street 66 Service 45.00 Century Equipment Co. 200.00 Chapman, David Frank 2.08 Checker Auto Parts 110.48 City Auto Sales 741.79 Coffey, Tony 40.00 Coffey, Tony 10.00

Colorado Veterinary Specialists 1,142.00 Control Temperature Specialists 60.00 Copier & Supply Co. 1,534.63 Corporate Express 674.28 CPS Distributors Inc. 615.37 Crider, Duane 359.00 Crum Electric 794.36 Culligan Soft Water Service 111.50 De-Mac Investments 450.00 Deerfield Seminars 375.00 Delco Western 5,118.00 Dell 2,501.11 Dewey, Steven 29.45 Dial Oil, Inc. 11,805.03 Dufour, John L. 3.37 Ed Sidwell dba Mac Tools 52.99 Environmental Resource 273.00 Falcon Pump & Supply 291.90 Fedex 78.95 Ferrero Electric 2,083.95 Fire Service Testing Co., Inc. 350.00 First Assembly of God Church 25.43 Force America 684.22 Gibbs, Rich 193.00 Giberson, Harold 110.00 Golf Course Supt. Assoc of Amer. 300.00 Grand Junction Housing Authoity 456.00 Grant Junction Housing Authority 30.89 Grayson Enterprises, Inc. 1,123.05 Great Western Autoplex 310.18 GT Distributors 139.95 Gutierrez, Ana Maria 37.00 Hafey Properties 19.92 Hafey Properties Ltd. Partnership 211.00 Harsha, Brenda 13.00 Haskins, Robert & Susan 6.29 High Plains Construction, Inc. 47,207.50 High Security Lock & Alarm 1,076.00 Hilty, Laura 13.00 Holcomb, Michael 11.43 Holmes, Gentry 46.00 Homax Oil Sales, Inc. 275.45 Housing Authority of Salt Lake City 1,263.00 Housing Authority of Salt Lake City 30.88 Hunter Family Medical Clinic 355.00 Hunter, Kurt or Julie 64.89 Imperial Apartments 299.00 Imperial Plaza Apartments 86.00 Imperial Plaza Apts. 467.00 Infinity Power & Controls 3,495.55 Ingmire, Richard & Leta .33 Intermountain Record Center 82.60 J&V Enterprises, Inc. 399.06 James E. Phillips, P.C. 4,185.69 Jenkins, Robert & Jill 1.46 Jenkins, Robert & Jill 38.21 Jirdon Agri Chem Inc. 1,169.59 JM Electrical Services 357.15 Joint Powers Water Board 253,394.54 Jones, Jeff K. 20.55 Kaman Industrial Technologies 1,328.33 Kearns, Sue Atty at Law 1,350.00 Kelleys Shoes 2,852.23 Kern, Patricia 35.00

King Construction 2.62 King Environmental Products 311.05 Kone Inc. 2,358.60 Kopy Korner 23.92 KRKK-AM/KQSW FM Radio 580.00 L.N. Curtis & Sons 121.35 L&L Rentals 485.00 Lariat Internation Trucks 25.83 Lathrop Feed & Equip 513.10 Lay, Walter 309.00 Layos Inc. 2,257.90 Lewis Tree Service 42.00 Lundell, Shara 19.00 Macy’s Truck Repair 74.93 Majhanovich, Richard 364.00 Martinez, Melissa 37.00 Maska US Inc. 1,384.15 Mature Market Resource Center 1,103.60 McCurtain Motors 3,019.79 McFadden Wholesale 5,335.57 McGrew, Elwin 157.00 McLemore Pump Inc. 378.24 Meadow Gold Dairies 360.44 Memorial Hosp of Swtr. Co. 1,372.80 Mission Hockey 3,399.61 Mitchell, Alike 37.00 Molitor, Vickie 17.00 Moneyhun, David 19.13 Moore, Bridgette 30.00 Morcon Specialty Inc. 122.10 Mountain States Supply 907.41 Mountainaire Animal Clinic 60.00 Mountainland Business Systems 27.08 Myers, Jessica 13.00 National Fire Protection Assoc 33.75 Neisen, Jane 11.54 Nelson Engineering 19,159.52 Nickel Ridge Portables 871.50 Nicros, Inc. 95.21 North Star 475.00 Northern Tool & Equipment 141.39 Nu-Life Glass & Home 193.40 Nu-Tech Specialties 2,360.38 Ohana Properties 234.00 Ohana Properties 23.00 Orkin Exterminating 103.14 Orlie’s Refrigeration & Htg. 282.00 Osselton, Helen 28.78 Pacific Power & Light 52,225.42 Pacific Steel—Recycling 3,984.68 Padilla, Joseph 68.02 Pandalis, John 246.00 Pecolar, Kevin & Angie 63.46 Piedra, Cindy 35.00 Pioneer Printing & Stationery 2,310.00 Pitts, Gail 303.00 Postmaster 2,187.68 Printers’ Alley 493.59 Process Applications 160.25 Questar Gas 5,580.39 Questar Infocomm Inc. 125.00 Qwest 1,604.48 R.T. Rentals 300.00 Ray, Wechonhpecala 37.00

Real Kleen Inc. 100.31 Recreonics, Inc. 5,791.64 Respond First Aid Systems 705.75 Richards, Kelly 49.06 Robin Burns Enterprises, Inc. 343.47 Rock Springs Chamber of Commerce 9,062.50 Rock Springs Hide & Fur 1,497.22 Rock Springs KOA 97.29 Rock Springs Municipal Util 40,942.37 Rock Springs National Bank 21.84 Rock Springs Winnelson Co. 19,196.60 Rocky Mountain Coatings LLC 2,764.30 Rodriquez, Nellie 35.00 Rost, Marlene 11.00 Ruiz, Amanda 32.78 Sasse, Todd 7.01 Saunders, Heather 37.00 Sherwin Williams 1,522.50 Sisneros, Maria 18.00 Skips Tire 466.00 Skorcz, Danny 1.89 Skyline Property Group, LLC 409.00 Sloan, Milissa 13.00 Spa World 74.80 Standard Plumbing 103.62 Star Transit 252.00 Sterling Communications 7,168.54 Stromberg, Violeta 16.00 Subic, Blanche/Frank Subic 15.27 Sun Mountain Sports 1,249.50 Sunset Garden Center 49.50 Superior Welding Service 220.00 SWEDA 50.00 Sweetwater County Health Dept. 120.00 Sweetwater Co. Solid Waste 5,017.21 Sweetwater Ford 152.70 Sweetwater Heights 174.00 Sweetwater Heights 323.00 Sweetwater Heights 302.00 Sweetwater Radiology 106.00 Sweetwater TV Co. Inc. 258.84 Tegeler & Associates 18.00 Thatcher Company 1,713.44 The Network 862.50 The Wyoming Business Report 480.00 Three Sons 2,100.00 Three Sons, Inc. 18,900.00 Tire Den Inc. 1,046.72 Uinta Engineering and Survey 4,579.41 United Parcel Service 156.61 United Reprographic Supply, Inc. 95.00 United States Welding Inc. 16.99 V-1 Oil Co. 19.20 Van Diest Supply Company 1,066.00 Vase Funeral Chapels 985.00 Vaughn’s Plumbing 163.98 Wamco Lab, Inc. 495.00 Water Warehouse Commercial 1,407.29 Waterford Systems 931.03 Wells Fargo Card Services, Inc. 1,988.93 Wells Fargo Remittance Center 935.13 Western Wyoming Beverage 190.00 Whisler Chevrolet Co. 11.84 White Mountain Greenhouse 345.84

Wilkinson, Kimberly 25.00 Wright, Charles Kevin 24.34 WY DEQ 200.00 WY DEQ 200.00 Wyo Dept of Revenue & Tax 717.85 Wyoming Fire Academy 114.00 Wyoming Medical Center 6.00 Wyoming Work Warehouse 375.00 Young-at-Heart Sr Citizens Center 2,500.00 Zanetti, Terry 8,250.00 Total $638,880.68

Report Checks for June

AFLAc Insurance Employee Premiums $ 1,727.02 Highmark Life & Casualty Employee Premiums 1,377.60 Equitable Life Employee Deferred 725.00 ICMA Retirement Corp. Employee Deferred 7,917.07 Great-West Life & Annuity Employee Deferred 3,946.00 AFSCME Local #1004 Employee Dues 24.75 Colonial Life & Accident Employee Premiums 88.72 Wyo Child Support Enf. Child Support Payments 4,784.08 State of Idaho Child Support Child Support Payments 249.00 RS Firefighter Assn #1499 Employee Dues 1,150.00 Clerk of Circuit Court Employee Garnishments 268.45 RS City Treasurer Employee BCBS Reimb. 17,666.47 NCPERs Group Life/Prudential Group Life Employee Deduc 801.00 New York Life Insurance Employee Premiums 86.46 RS Police Protective Assoc Employee Dues 370.00 UMWA/OAW Local $3893 Employee Dues 1,012.34 United Way of Swtr. Co. Employee Deductions 243.70 Waddell & Reed Finan Svcs. Section 529 Plan 100.00 Wyo Retirement System Fire Benefit City/Emply 26,414.31 Wyo Workers Comp Employee Benefits 15,951.31 Wyo Workers Comp Work Restitution Workers 55.33 Wyo Retirement System Employee Benefits 49,943.90 Wyo Retirement System Law Enforcement 37,817.64 Swtr. Fed. Credit Union Employee Deductions 48,639.10 Internal Revenue Service Electronic Fund Transfer 128,567.59 Total $349,926.84

June 4 Salaries $586,374.61

Councilman Shea moved to approve the bills and claims for June 15 and the June 4 salaries. Seconded by Councilmember Gilbert. Motion carried unanimously.

NEW BUSINESS

Councilman Horn moved to approve a request from the Department of Public Services to fill the vacant Collection Operator I position at the wastewater treatment plant. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Kourbelas moved to approve a request from the Fire Department to fill a vacant captain position and to close a portion of Reagan Avenue on June 28- 30 for emergency vehicle operation training. Seconded by Councilman Cheese. Motion carried unanimously.

Councilmember Gilbert moved to approve a request from the Rock Springs Fall Co-Ed Softball League for malt beverage permits for softball tournaments on

June 19 and 20, July 17 and 18 and August 7, 8, 28 and 29 at the Paul J. Wataha complex. Seconded by Councilman Tate. Motion carried unanimously.

RESOLUTIONS

Resolution 2004-129, A RESOLUTION ACCEPTING AND APPROVING A PROPOSAL FROM HANSEN, BARNETT AND MAXWELL, P.C., CERTIFIED PUBLIC ACCOUNTANTS, TO AUDIT THE FINANCIAL RECORDS OF THE CITY OF ROCK SPRINGS FOR THE FISCAL YEAR ENDING JUNE 30, 2004, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE AND CONFIRM SAID PROPOSAL ON BEHALF OF THE CITY, was read by title. Mrs. Peterson explained that proposals for auditing firms were solicited last year with a two-year optional renewal. Councilmember Gilbert moved to approve Resolution 2004-129. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Kourbelas, Cheese, Shea, Porenta, Banks, Gilbert, and Mayor Kaumo; opposed: Councilmen Tate and Horn. Motion carried.

Resolution 2004-130, A RESOLUTION ACCEPTING AND APPROVING A TEMPORARY LAW ENFORCEMENT ASSITANCE AGREEMENT WITH THE SUNDANCE POLICE DEPARTMENT, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilman Horn moved to approve Resolution 2004-130. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-131, A RESOLUTION ACCEPTING AND APPROVING A 2004-2005 COLLECTIVE LABOR AGREEMENT WITH THE FIREFIGHTERS LOCAL 1499, I.A.F.F. AND AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK, OF THE CITY OF ROCK SPRINGS TO EXECUTE SAID COLLECTIVE LABOR AGREEMENT ON BEHALF OF SAID CITY OF ROCK SPRINGS, WYOMING, was read by title. Councilman Cheese moved to approve Resolution 2004-131. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-132, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO ACCEPT AND APPROVE A BUDGET SUBMITTED FOR THE CITY OF ROCK SPRINGS FOR THE FISCAL YEAR ENDING JUNE 30, 2005, was read by title. Councilman Horn advocated removing the $30,000 appropriation for the fiber optics telecommunications project from the proposed budget since council has not received any information on the direction the Telecommunications Board is heading. Councilman Kourbelas said he agrees. He said after two resolutions submitted by them were subsequently pulled, council sent a clear message to them that a resolution from them was imperative.

Councilman Shea, a member of the Telecommunications Board, responded that the board is no longer seeking the cities’ financing through backstops. He said the board is looking at other options from the private sector. He advised that the requested appropriation from the city will probably be used to finance a fiber project to connect Rock Springs and Green River county buildings, but before such a project is undertaken, the board will seek council approval. He noted the appropriation requested was reduced from $80,000 to $30,000. Councilman Banks asked if the county will help fund a fiber infrastructure to their buildings. Councilman Shea said they will. Councilman Porenta said, although he supports connecting government buildings with fiber, his patience is wearing thin waiting for a resolution from the board. Councilman Kourbelas countered that at a budget workshop Councilman Shea told council an appropriation to the Telecommunication Board would be used to pay legal fees if necessary and that nothing was mentioned about the county connection. He said in addition to being against the backstop, a message is being sent to the board that council does not fully support the “last mile” of fiber since, in his opinion, competition with private industry is unacceptable. Councilman Horn added that Councilman Shea accepted the suggestion of a reduced appropriation only as a last-ditch effort. He encouraged the board to sell their assets and let private industry assume the project.

Councilman Horn moved to remove the $30,000 appropriation from the Telecommunications Project line item. Seconded by Councilman Kourbelas. Mayor Kaumo asked what liability the city incurs if the board has no money to pay their debts. City attorney Vince Crow answered that according to their contract with the board, the city would be ultimately responsible. Councilman Shea apprised the board has approximately $80,000 in their account and no outstanding debt. Councilman Kourbelas stressed that the only way council can give clear direction to the board is to withhold funding. Upon roll call the following voted in favor: Councilmen Banks, Horn, Kourbelas, and Mayor Kaumo; opposed: Councilmen Gilbert, Porenta, Shea, Cheese, and Tate. Motion defeated.

Commenting on the budget as a whole, Councilman Porenta said he will vote in favor of it; however, he is apprehensive about taking money from reserves. He opined more cuts could have been made. He said next year he will not support dipping into reserves. Councilman Tate agreed with Councilman Porenta. Councilmember Gilbert surmised that if the local economy continues at its present pace, reserves may be able to be replenished. Mayor Kaumo said he will continue to control spending and will work hard to send the message to legislators that with the cost of business continuing to rise, it will be difficult to maintain current operations next year without help from the state. Councilman Gilbert moved to approve Resolution 2004-132. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-133, A RESOLUTION AUTHORIZING COLLEEN A. PETERSON, THE CITY CLERK OF THE CITY OF ROCK SPRINGS, TO CERTIFY TO THE COUNTY COMMISSIONERS OF SWEETWATER COUNTY, THROUGH THE COUNTY CLERK, THE LEVIES TO BE MADE FOR THE FISCAL YEAR ENDING JUNE 30, 2005, was read by title. Councilman Kourbelas moved to approve Resolution 2004-133. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Housing Resolution 2004-134, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, ACTING IN HIS CAPACITY AS CHAIRMAN OF THE HOUSING COMMISSION TO DISCHARGE

UNCOLLECTIBLE DEBTS FOR THE ROCK SPRINGS HOUSING AUTHORITY’S PROJECT NO. WY006P003, was read by title. Following discussion regarding the effort made to collect outstanding debts, Councilman Tate moved to approve Resolution 2004-134. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-135, A RESOLUTION AUTHORIZING THE CITY OF ROCK SPRINGS, WYOMING, ACTING AS THE SPONSORING LOCAL GOVERNMENT, TO SUBMIT AN APPLICATION FOR HOUSING FUNDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ON BEHALF OF RESOURCE INDUSTRIES, LLC, was read by title. Councilmember Gilbert moved to approve Resolution 2004-135. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-136, A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY, AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT, was read by title. Upon recommendation from the director of parks and recreation, Councilman Shea moved to table Resolution 2004-136. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-137, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY PLAT OF VETERANS PARK SUBDIVISION AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, AND COVERING AN 8.07-ACRE TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Tate moved to approve Resolution 2004-137. Seconded by Councilmember Gilbert. Director of Public Services, Vess Walker, advised that the final plat of Veterans Park Subdivision may be amended with regard to the tie-in of Veterans Park Drive to the North Belt Route. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-138, A RESOLUTION APPROVING AND ACCEPTING THE PRLIMINARY PLAT OF PARKHILL ESTATES/CROSSROADS BUSINESS PARK SUBDIVISION AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, AND COVERING A 50.892-ACRE TRACT OF LAND LOCATED IN SECTION 5, RESURVEY TOWNSHIP 18 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Porenta moved to approve Resolution 2004-138. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-139, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH THE WYOMING ASSOCIATION OF SHERIFFS AND CHIEFS OF POLICE, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND MICHAEL

LOWELL, AS CHIEF OF POLICE OF THE CITY OF ROCK SPRINGS, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY, was read by title. Councilman Kourbelas moved to approve Resolution 2004-139. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

ORDINANCES

Ordinance 2004-12, AN ORDINANCE REZONING TWO PARCELS OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-1 (LOW DENSITY RESIDENTIAL) AND R-2 (LOW DENSITY RESIDENTIAL) TO THE ZONING DESIGNATION OF R-3 (MEDIUM DENSITY RESIDENTIAL), was placed on second reading and read by title.

Ordinance 2004-13, AN ORDINANCE AMENDING ORDINANCE 3-526 OF THE ORDINANCES OF THE CITY OF ROCK SPRINGS, WYOMING ENTITLED, “PROBLEM DOGS,” was placed on second reading and read by title. Councilman Kourbelas pointed out that language in the ordinance does not reflect the exact intent of keeping dogs off public property. He suggested the language be amended prior to third reading.

ANNOUNCEMENT

Mayor Kaumo announced a special meeting will be scheduled prior to the next regular meeting.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 8:09 p.m.

XX12a

City council met in special session on June 29, 2004. Mayor Kaumo called the meeting to order at 5:30 p.m. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson.

The meeting was called for the purpose of taking action on FY 2005 budget items. Other business was added to the agenda as well.

PUBLIC HEARINGS

Amendments to the Budget for Fiscal Year Ending June 30, 2004

There were no comments. Action to be taken under Resolution 2004-145.

CORRESPONDENCE

Councilman Banks moved to accept correspondence from the Wyoming Business Council notifying the city of the State Land and Investment Board’s grant award to the city in the amount of $1,500,000 for the Gateway Boulevard Extension Project. Seconded by Councilman Porenta. Motion carried unanimously. Mayor Kaumo complimented city engineer Paul Kauchich for his efforts in applying for the grant and his intensity in following through to secure it.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

Aardvark Tactical, Inc. $ 154.20 Ace Hardware 5,357.15 Airgas Intermountain 702.18 Albertsons Food Center 513.00 Alsco-American Linen 2,231.83 American Bankers Assoc. 162.00 American Red Cross 30.00 Awards Unlimited 77.10 Barneski, Steve 24.00 Becker Fire Equipment Co. 172.08 Bicentennial Apt Village 20,942.00 Blanksvard, Carl 42.66 Bookcliff Sales Inc. 13.44 Bush-Wells Sporting Goods 88.80 C.E.M. Maintenance 305.00 CDW Government, Inc. 832.50 City of Green River 675.00 City of Rock Springs 4,040.00 City of Rock Springs 2,000.00 City of Rock Springs 500.00 City of Rock Springs 500.00 Communication Technologies 62.50 Communications International 3,510.00 Copyex LLC 153.71 Costantino, Becky 165.00 Dell 5,000.00 Digital Select 29.99 Eagle Uniform 111.20 Elder, Cleta 813.00 Electrical Service & Products FLLC 1,241.68 F.L. Volvik 83.80 Fastenal Company 117.60 Fedex 10.00 Ferrero Electric 313.10 Fiesler, Jake 25.00 Force America 70.10 Gases Plus 3,056.82 Gifford, Mark W. 75.00 Gilbert, Kathy 587.30 Great Western Park & Playground 306.00 Green River Star 306.00 H.W.P., Inc. 230.40 High Desert Art Galleries 285.05 Homax Oil Sales, Inc. 61.60 HTE Var, Inc. 3,636.00 Imperial Apartments 8.00 Intermountain Golf Cars, Inc. 20.53 Jack’s Truck & Equipment 119.92 Jackman Construction, Inc. 875.00

James e. Phillips, P.C. 875.00 Jirdon Agri Chem Inc. 881.32 JM Electrical Services 770.00 Kaman Industrial Technologies 530.80 Kone Inc. 6,480.38 Kopy Korner 71.36 Matthew Bender 167.55 Maxi-Sweep 21.90 McLeod USA 812.58 Mountainland Fire Protection 118.25 National Safety Council 65.40 Nautilus/Schwinn Fitness Group 65.39 Nickel Ridge Portables 1,700.00 Northwest Scientific 1,215.46 Nu-Tech Specialties 1,483.99 Oriental Trading 174.95 Orkin Exterminating 568.00 Orkin Pest Control 360.00 Orlie’s Refrigeration & Heat 3,772.00 Owlfies Flowers and Gifts 1,000.00 Pacific Power & Light 19,668.67 Pallesen Construction Inc. 1,859.00 Pitney Bowes 885.00 Plainsman Printing & Supply 154.84 Plastics & Paper Products 211.00 Plummer, Deborah 150.00 PMS Custom Screen Printing 1,940.00 Pop Up Flashing Cones, Inc. 499.50 Public Housing 4,821.00 Public Housing 10,334.06 Questar Gas 2,395.39 Questar Gas 3,914.50 Questar Gas 1,392.39 Questar Gas 3,898.17 Questar Gas 3,842.91 Questar Gas 3,831.61 Questar Gas 2,950.00 Qwest 4,188.50 Radioshack Corporation 7.97 Recreation Supply Company 147.62 Robin Burns Enterprises, Inc. 331.22 Rock Springs Honda/Toyota 5.98 Rock Springs Recycling Center 3,750.00 Rocky Mtn Service Bureau 25.97 Rocky Mtn Turf & Ind Equipment 757.20 Rouse, Diana 403.00 Seals,Nick 50.00 Shahan Weed & Pest Control 125.00 Shantz, Norman 87.00 Sherwin Williams 429.50 Skips Tire 40.00 Skorcz, Danny 4,890.00 Smith Detroit Diesel 2,629.45 Sweetwater County Treas. 115.55 Sweetwater Plumb & Heat 22.85 Sweetwater TV Co. Inc. 37.50 Tabuchi, Doug 25.00 Tate, David 82.50 The Wyoming Business Report 480.00 Tom’s Wyoming Glass 242.00 Trail End Guilds, Inc. 43.00 Tremelling, Doug 950.00 Turf Equipment and Irrigation 402.21 U.S. Tech 140.75

UBTA-UBET Communications 94.73 Unique Crafters Company 225.20 United Reprographic Supply, Inc. 95.00 Utility Technical Service 4,338.01 Van Diest Supply Company 1,114.80 Vaughn’s Plumbing 2,793.04 Vermont Systems, Inc. 1,638.00 Water Warehouse Commercial 88.99 Webb, Regina 150.00 Widdison Turbine Service LLC 11,840.00 Williams, Penny 150.00 Wyo Dept Transportation 8,847.61 Wyoming Com LLC 574.75 Wyoming Environmental Services, Inc. 2,084.47 Youngs 59.68 Zep Mfg Co. 736.06 Zueck Transportation 1,364.35 Total $201,124.07

Councilman Banks moved to approve the bills and claims for June 29. Seconded by Councilman Tate. Motion carried unanimously.

NEW BUSINESS

Councilman Cheese moved to allow a 25-cent per hour raise for returning seasonal employees. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Councilmember Gilbert moved to approve a request from the Department of Public Services for permission to award the design and construction management contract for the wastewater treatment plant expansion to TEC. Seconded by Councilman Bank. Motion carried unanimously. Mayor Kaumo thanked the selection committee for their research and input on the six proposals received.

Sherry Brown, vice president of Brown’s Amusements, appealed to council to allow her company to set up a carnival in Rock Springs at the White Mountain Mall for the Fourth of July holiday. She explained that plans to have the yearly event in Lander did not materialize because the grounds where the carnival was usually set up is under construction. She said the carnival is now in Rawlins and will move to Laramie and Colorado after the Fourth, but in the interim they would like to set up in Rock Springs. She provided a certificate of liability insurance. Mayor Kaumo stated that city inspectors will be available to inspect their equipment and rides and he sees no conflicts with the 30-day notification period stipulated by ordinance since the next carnival is not due until August 4. Councilmember Gilbert moved to waive inconsistencies with the ordinance for this event. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert and Mayor Kaumo. Motion carried. Councilmember Gilbert moved to approve a carnival permit for Brown’s Amusements Inc. for the period July 1-4. Seconded by Councilman Porenta. Motion carried unanimously.

RESOLUTIONS

Resolution 2004-140, A RESOLUTION ACCEPTING AND APPROVING A SERVICE AGREEMENT WITH THE SWEETWATER ECONOMIC DEVELOPMENT ASSOCIATION FOR THE SERVICES OF INITIATING, COORDINATING, AND PROMOTING EFFORTS TO RECRUIT, RETAIN AND

INCREASE BUSINESS AND INDUSTRY IN SWEETWATER COUNTY, WYOMING, AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID SERVICE AGREEMENT ON BEHALF OF SAID CITY, was read by title. Councilman Kourbelas moved to approve Resolution 2004-140. Seconded by Councilman Cheese. It was noted the agreement is the same as past agreements with SWEDA. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo; opposed: Councilman Horn; abstained: Councilman Porenta. Motion carried.

Resolution 2004-141, A RESOLUTION ACCEPTING AND APPROVING A MEMORANDUM OF AGREEMENT WITH THE ROCK SPRINGS CHAMBER OF COMMERCE TO PROMOTE THE CITY OF ROCK SPRINGS TO INTERESTED PARTIES, AND AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID MEMORANDUM OF AGREEMENT ON BEHALF OF SAID CITY, was read by title. Councilmember Gilbert moved to approve Resolution 2004-141. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo; abstained: Councilman Kourbelas. Motion carried.

Resolution 2004-142, A RESOLUTION ACCEPTING AND APPROVING A FIRE PROTECTION AGREEMENT WITH RELIANCE FIRE DISTRICT, AND AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Fire Chief Sarff stated that although the prior agreement had a term of one year, he is comfortable with a five-year term going forward. Councilmember Gilbert questioned whether a yearly payment of $6,500 is adequate considering future growth and the extra burden of industrial areas surrounding Reliance. Councilman Horn responded that this agreement is for the protection of Reliance residents and sets forth a good-neighbor policy. He moved to approve Resolution 2004-142. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-143, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE AN ACCOUNT AGREEMENT WITH WELLS FARGO BANK, N.A., A FEDERALLY INSURED DEPOSITORY, AND DEBERNARDI CONSTRUCTION COMPANY, INC., OF THE CITY OF ROCK SPRINGS, WYOMING, was read by title. Councilman Porenta moved to approve Resolution 2004-143. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Housing Resolution 2004-144, A RESOLUTION AUTHORIZING THE MAYOR, TIMOTHY A. KAUMO, ACTING IN HIS CAPACITY AS CHAIRMAN OF THE HOUSING BOARD TO ACCEPT AND APPROVE A CONTRACT AND CHANGE ORDER WITH FOREST LINE CONSTRUCTION, LLC 9334

SOUTH 370 WEST, SANDY, UT 84070, was read by title. Councilman Horn moved to approve Resolution 2004-144. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmember Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-145, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO ACCEPT AND APPROVE A BUDGET REVISION TO THE BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2004, was read by title. Councilman Shea moved to approve Resolution 2004-145. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-146, A RESOLUTION ACCEPTING AND APPROVING AN ADDENDUM TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ROCK SPRINGS AND THE INTERNATIONAL UNION OF THE UNITED MINE WORKERS OF AMERICA, AND AUTHORIZING TIMOTHY A. KAUMO, MAYOR OF THE CITY OF ROCK SPRINGS, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, TO EXECUTE SAID ADDENDUM ON BEHALF OF THE CITY, was read by title. Councilmember Gilbert moved to approve Resolution 2004-146. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-147, A RESOLUTION ESTABLISHING A PAY PLAN AND INSURANCE BENEFITS FOR DEPARTMENT HEADS AND NON- BARGAINING UNIT EMPLOYEES OF THE CITY OF ROCK SPRINGS, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS AND COLLEEN A. PETERSON, AS CITY CLERK FOR THE CITY OF ROCK SPRINGS, TO IMPLEMENT SAID PAY PLAN AND INSURANCE BENEFITS FOR THE 2004-2005 FISCAL YEAR, was read by title. Councilman Kourbelas noted that the no-cost memberships to the civic center and family recreation center under this resolution mirror that same benefit afforded to bargaining unit members. He moved to approve Resolution 2004-146. Seconded by Councilman Cheese. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-148, A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF ROCK SPRINGS, WYOMING, AND THE WYOMING SUPREME COURT, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Upon recommendation from city clerk Colleen Peterson, Councilman Shea moved to table Resolution 2004-148. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-149, A RESOLUTION TO TRANSFER BY QUITCLAIM DEED REAL PROPERTY LOCATED WITHIN THE CITY OF ROCK SPRINGS, WYOMING, TO UNION PACIFIC RAILROAD COMPANY, was read by title. City attorney Vince Crow advised that this deed will

transfer a strip of land on the north belt route west of Veterans Park back to Union Pacific. He said the property was deeded to the city by Union Pacific for a right-of- way during construction of the belt route with a clause stipulating any unused portion would revert back to Union Pacific. Councilmember Gilbert moved to approve Resolution 2004-149. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 5:59 p.m.

XX13

City council met in regular session on July 6, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson.

Councilman Shea moved to accept the amended agenda. Seconded by Councilman Porenta. Motion carried unanimously.

Councilman Cheese moved to approve minutes of the June 15 council meeting and the June 29 special council meeting. Seconded by Councilman Porenta. Motion carried unanimously.

APPOINTMENTS

Council president Shea presented names of mayoral appointments to various boards and commissions for council consideration.

Councilmember Gilbert moved to approve the appointment of Greg Bailey to the Planning & Zoning Commission. Seconded by Councilman Tate. Motion carried unanimously.

Councilman Banks moved to approve the appointment of John Portillo to the Board of Adjustment. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilmember Gilbert moved to approve the appointment of Percy Persak- Barrier to the Community Fine Arts Board. Seconded by Councilman Banks. Motion carried unanimously.

Councilman Kourbelas moved to approve the appointment of Marian Watt to the Parks and Recreation Board. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Kourbelas moved to approve the appointment of Dr. Al Barrier to the Downtown Advisory Committee. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Tate moved to approve the appointment of Brenda Carollo to the Improvement Foundation. Seconded by Councilman Porenta. Motion carried unanimously.

President Shea confirmed the appointments.

COMMENDATION

Long-Term Employees

Mayor Kaumo presented a service plaque to Judy VonRembow for 25 years of service, to John Rodiak for 20 years of service and to Kevin Hafner for 15 years of service with the city of Rock Springs. He thanked them for their dedication and hard work on behalf of the city.

Military Personnel

In an effort to recognize military personnel currently serving in the Armed Forces of the United States in Operation Iraqi Freedom, Mayor Kaumo presented plaques and T-shirts to Greg Fisher on behalf of his daughter Lt. Jane M. Fisher, to Gloria and Frank Sempsis, parents of Allison Urbatsch, and to David T. Wells, accompanied by his parents, Cindy and Curtis Wells. Mayor Kaumo thanked them for their patriotism and service to our country. The names of these three militia will be added to a plaque to be permanently placed in city hall.

PUBLIC HEARINGS

Request for Preliminary Development Plan Approval for Blairtown Industrial Park Subdivision Filed by JFC Engineers Representing South-Vest, Inc.

There were no comments. Action to be taken under Resolution 2004-150.

Request to Rezone a 14,000 s.f. Parcel from R-2 (Low Density Residential) to B-3 (Central Business Zone) Filed by David Hampton and Michael Newman

This request for rezone of Lots 1 and 2, Block 14 of the Original Town Plat of Rock Springs to a zoning designation of B-3 was withdrawn by the applicants.

Request to Rezone a 1.94-Acre Parcel from R-2 (Low Density Residential) to R-5 (High Density Residential) Filed by Peter and Patricia Musich

Renee Roberts-Baker, 908 Adams Avenue, protested this rezoning request. She said she understands the owners propose to build storage units on the property and she objects to that use. In addition, she said a rezone to R-5 will create more traffic on Wyoming Street, which is already difficult to negotiate. She complained that the Musiches do not plan to build the units across from their own house, but rather they have selected a location out of their sight and across from her. She stated that with 24-hour traffic she will no longer enjoy the comfort of her house. In answer to Mayor Kaumo’s question regarding a solution to congestion on Wyoming Street, Ms. Baker said she does not know the answer, but is certain it’s not to add more traffic.

Laura Crandall, city planner, explained that at this time Planning and Zoning commissioners have viewed this request strictly as a land use issue, but as yet have not approved a site plan for a specific purpose. She said that issue would have to go through its own process. If storage units are the intended use, a conditional use permit would be required since R-5 districts allow only for multi-family residences

and parks. Ms. Baker said that is another reason she is opposed to the zone change. Ms. Crandall noted that the last remaining R-5 land (off Cascade Drive) is currently under construction and the city is in need of more such zoned land. She emphasized that the R-5 zoning designation for this parcel conforms with the Land Use Plan.

Mayor Kaumo read Section 13-902.F of the Rock Springs Zoning Ordinance which states, “If there is a written protest against a change in the zoning classification of a parcel of land, signed by the owners of twenty (20) percent or more of the area of lots included in the proposed change, or of those within a distance of one hundred forty (140) feet, the change shall not be approved except upon the affirmative vote of three-fourths (3/4) of all of the members of the City Council.” In this case there are ten property owners within 140 feet of the property; therefore, two written protests would be required to block the rezone. He noted that no written protests have been received from property owners within the 140 feet area. However, two written protests from residents outside the area were received.

Councilman Shea stated that residents of older neighborhoods rarely want to see changes. But, council must look at options for usable property. He stated if storage units become an option, he does not feel that use would result in increased traffic. Councilman Kourbelas questioned why the land is now zoned R-2 based on the staff report that permitted zoning districts within an HIR designation include R-4, R-5, R-6 and B-1 zones. Mrs. Crandall explained that two different maps govern land use: the Master Land Use Plan map and the zoning map. She said there are several locations in town where the two do not coincide. However, she said the first one consulted is the Master Land Use Plan, and the goal is to bring the zoning map into conformity with the Master Land Use Plan. She noted that the Master Land Use Plan was formulated in 1983 with amendments throughout. It was in effect when Ms. Baker purchased her land in 1985. The Musich’s purchased their residence in 1985 and the property in question in March, 2004. Mrs. Crandall advised that traffic patterns are considered by the Planning and Zoning Commission once a site plan and conditional use permit are submitted. She pointed out that, as a consequence, traffic patterns in this area could conceivably be improved. In response to Councilman Kourbelas’ concern that council be allowed to review the final use of the property, Mrs. Crandall explained that Planning and Zoning commissioners have the ultimate decision for conditional use permits and council must rely on their judgment. Councilman Horn countered that since this undeveloped land has never been mitigated, sewer and water lines cannot be installed there, and the zone should remain R-2. He informed Ms. Baker that before action is taken, Ordinance 2004-14 must go through two more readings and the issue will be studied further prior to that time.

PETITIONS

A letter was received from Jack and Mary Adams, 1204 Adams Avenue, expressing their objection to rezoning two parcels of land in their neighborhood from a zoning designation of R-1 and R-2 to R-3 to be acted on under Ordinance 2004-12.

There were no other petitioners.

OFFICERS AND STAFF REPORTS

Fourth of July Fireworks Display

Director of Parks and Recreation Dave Silovich reported that this year’s Fourth of July fireworks display encountered technical difficulties and several shells did not go off. He will try to negotiate a lower price with the contractor.

Liquor License Holder Report

Councilman Kourbelas moved that a monthly report be submitted to council by the Police Department listing the number of calls made to each liquor establishment during the month to enable council to better evaluate liquor license renewal applications. Seconded by Councilmember Gilbert. Motion carried unanimously. Councilman Kourbelas said the report should include, but not be limited to, excessive sale of alcohol to particular customers, assault of patrons, and actions taken by the city against that establishment.

COUNCIL COMMITTEE AND BOARD REPORTS

Municipal Court Committee

Councilman Horn reported that Municipal Court Committee members met and finalized a survey to ascertain the need for a full-time judge. Their analysis included data collected from the city’s Finance and Municipal Court departments as well as a comparative review of municipal courts in Gillette and Casper. He said Gillette was selected because its population is comparable to that of Rock Springs. And Casper, with a population of 49,000, represents a higher volume court. Councilman Kourbelas noted that the judges’ salary in both Casper and Gillette is approximately $7 per case; whereas, Rock Springs’ is approximately $12 per case. Based on the comparisons, the committee concluded the city’s arrangement of a part- time judge is appropriate.

Municipal Court Judge Dan Erramouspe contended that the study does not make adequate comparisons with Rock Springs’ system. He said the study was initiated to determine whether a full-time judge was warranted in light of the city’s increased caseload. He defended his plea for a full-time judge for the following reasons: 1. an increased juvenile caseload especially after Sweetwater County cut truancy officer positions; 2. exponential growth in the docket; i.e., 115 jury trials set for Rock Springs Municipal Court compared with 188 in Rock Springs Circuit Court and 60 in Green River Circuit Court, both of which are full-time courts; 3. preference for full-day pre-trial jury conferences; and 4. full-time liability responsibilities to the city, the Constitution, the bar, and the Wyoming Supreme Court. In addition, he said the judge must review and sign off on all citations entered into the court. He said he was hired at a salary commensurate with a 2000-citation caseload, but that caseload is now up to 4,000. Also, he said in order to improve juvenile court and to handle the increased caseload brought on by six additional police officers, a full-time judge is warranted. He stated that with the increased workload, not only the judge’s work but his private practice is strained as well. He maintained that his viewpoint is not related to salary, but rather for the chance to do the job right. He asked that the proposition be reviewed again prior to next year’s budget.

Councilman Banks surmised that the court system should move in tandem with the Police Department. Therefore, council’s decision to increase the Police Department’s budget based on workload and not regional comparison should also be applied to municipal court. Councilman Kourbelas defended the study stating that analyzing similar jurisdictions has always been the guide for making funding decisions, not for handling judicial offices. He said the decision of hiring additional part-time judges or making the position full-time is up to the mayor; the committee

simply supplies the analysis. He reiterated that according to the comparisons and statistics of the study the committee finds the judge’s salary package of $53,000 to be adequate and recommends no additional funding at this time. Councilman Gilbert said she appreciates the work that went into the study, however, she feels a comparison to another city on I-80 would have been a better indicator. She asked Judge Erramouspe if he feels the juvenile court has been productive. He replied that although it is difficult to evaluate, he senses it has been effective.

Joint Powers Hospital Board

Councilman Horn reported that the Joint Powers Hospital Board met with representatives of the Housing and Urban Development and hospital staff to gather input on a loan application under consideration by HUD for hospital renovations. He said the board has not received a reply from HUD to date.

International Day

Councilman Tate invited residents and visitors to International Day on July 10. He said a contingency from Slovenia will be in attendance.

CORRESPONDENCE

The following correspondence was received: 1. a notice from the U.S. Department of Justice, FBI, that on August 3 they will distribute National Child Identification Program (NCIDP) kits; 2. a Record of Decision on the Snake River Resource Management Plan from the U.S. Department of the Interior, BLM; 3. a memorandum from the Wyoming Department of Health regarding the adoption of their amended rules and regulations for Chapters 3 and 20; 4. a letter from Taylor McCort regarding awareness of the rampant use of methamphetamine; and 5. a letter from Red Desert Roundup Rodeo, Inc. for funding to promote the city during the Red Desert Roundup Rodeo. Councilman Shea moved to accept the correspondence and place it on file. Seconded by Councilman Porenta. Motion carried unanimously.

BILLS AND CLAIMS

The following bills and claims for June 30 were submitted for payment:

A&A Radiator & Auto Repair $ 149.95 A&G Plumbing 123.00 Advanced Tele Systems 40.00 Adventure Builders 200.00 Albertsons Food Center 35.92 American LaFrance 213.04 American Red Cross 18.00 American Red Cross 444.00 Animal Care Center 37.49 Armstrong, Lyle 51.50 Awards Unlimited 102.00 Bloedorn Lumber 1,858.97 Bowman Distribution 63.05 Callaway Golf 913.44 Carter, Amy 165.00 Carter, Amy 300.00 Cee-Jay 25.89 Checker Auto Parts 345.87 Cheese, John 369.02 CIT Group/Commercial Service 170.88 Computer Tech of Wyoming 120.00 Copyex LLC 218.00

Cybex International Inc. 97.00 Dann & Meacham 8,861.50 Dave’s Appliance 89.00 DeBernardi Construction co. 227,469.26 Dell 384.85 Electrical Service & Products FLLC 1,604.49 Emerald Isle, Ltd 2,471.63 Equifax Credit Information 5.00 Eubank, Vickie Molitor 40.00 Eubank, Vickie Molitor 10.00 Fedex 32.81 Finer Cleaners 15.00 Fleckenstein, Travis 40.00 Fleckenstein, Travis 10.00 Force America 66.07 Gehl’s Guernsey Farms Inc. 75.00 Griffith, Lynnette 28.35 Holiday Inn 117.70 Indo-American Engineering 1,750.00 International Code Council 700.00 Jackman Construction, Inc. 48,801.55 JFC Engineers, Architects, Surveyors 2,108.10 Jim’s Upholstery 80.00 L.N. Curtis & Sons 49.60 Layos Inc. 215.00 Lewis & Lewis Inc. 283,892.94 Lyon Network Services 2,065.00 McFadden Wholesale 4,862.01 McGee Company 320.00 Memorial Hospital of Swtr. Co. 1,196.95 Morgantown National Supply 30.00 Nelson Engineering 14,274.28 Neve’s Uniforms, Inc. 963.00 Nu-Life Glass & Home 197.96 Oakridge Development, Inc. 39,167.42 Orkin Pest Control -360.00 Orlie’s Refrigeration & Htg. 75.00 Pacific Power & Light 23,144.39 Parton, Robert 140.45 Phone Directories Company 168.00 Postmaster 2,175.00 Powerphone, Inc. 378.00 Questar Gas 1,604.75 Qwest 1,398.69 Red Desert Roundup Rodeo Inc. 3,000.00 Rock Springs Newspapers 5,144.25 Rock Springs Winlectric 56.85 Rudoff, Michael N. 350.00 Seneshale, Joe 2,000.00 Shalata, Billy W. 1.39 Short, Gregg 1,801.10 Skips Tire 130.00 Smiths Division-Kroger Co. 794.30 Span Publishing Inc. 116.10 Stafford Backhoe Service 8,315.00 Strategic Supply 144.35 Suburban Propane Gas Corp. 6.45 Sweetwater Audiology 88.00 Sweetwater Radiology 326.00 Tank Equipment 4,490.00 Tegeler & Associates 698.00 Thorburn, Ed 212.18 Titleist 182.03 United Parcel Service 93.37

Unitrol/Stinger Spike Systems 12.00 Vaughn’s Plumbing 365.19 Verizon Wireless 2,186.88 Walmark Community Brc 2,917.34 Wheatland Fire Equipment Co. 1,920.00 Wyoming Medical Center 15.00 Total $712,146.55

The following bills and claims for July 6 were submitted for payment:

Blue Cross-Blue Shield $ 20,875.51 City of Rock Springs 184,970.29 Highmark Life Insurance Co. 748.29 Total $206,594.09

Report Checks for June 20

Internal Revenue Service Electronic Fund Transfer $85,449.14 Swtr Fed Credit Union Employee Deductions 29,535.34 Wyoming Child Support Child Support Payments 2,641.88 Idaho Child Support Child Support Payments 249.00 Total $117,875.36

June 18 Salaries $353,562.04

Councilman Horn moved to approve the bills and claims for July 6 and the June 18 salaries. Seconded by Councilman Tate. Motion carried unanimously.

UNFINISHED BUSINESS:

Councilman Horn questioned why the center stripe on Reagan Avenue was blacked out. City engineer Paul Kauchich answered that there was a problem with the original striping. He said the work will be redone.

NEW BUSINESS

Councilman Shea moved to approve request from the Parks and Recreation Department for permission to call for bids to replace the co-ed spa at the Family Recreation Center and for permission to fill a vacant full-time lifeguard instructor position at the family recreation center. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilmember Gilbert moved to approve a request from the Police Department to fill six open police officer positions, one Records Technician I position, one Detention Officer I position and one Communications Officer I position. Seconded by Councilman Cheese. Motion carried unanimously.

Councilman Tate moved to approve a request from the Police Department to purchase six used police-package vehicles from Salt Lake County Fleet Management. Seconded by Councilman Cheese. Motion carried unanimously.

Councilman Shea moved to approve a request from the Chamber of Commerce for a parking lot farmers market on July 31 at the chamber park area and for closure of a portion of the Sunset Boulevard Service Road from 9 a.m. until 3 p.m. on that day. Seconded by Councilman Porenta. Motion carried unanimously.

Councilman Porenta moved to approve a request from the High Desert Riders Motorcycle Club for a parking lot party in front of the Harley-Davidson store and for

a malt beverage permit for the 12th Annual Larry Leaders Ride-for-Life Poker Run on August 28. Seconded by Councilmember Gilbert. Motion carried unanimously. Mayor Kaumo expressed regret that the city was unable to waive permit fees for this worthy cause, but statutes dictate otherwise.

Councilman Gilbert moved to approve a request from Red Desert Roundup Rodeo, Inc. for a malt beverage permit for the PRCA rodeo on July 29, 30, and 31 at the events complex. Seconded by Councilman Porenta. Motion carried unanimously.

RESOLUTIONS

Resolution 2004-136 remained tabled.

Resolution 2004-148 remained tabled.

Resolution 2004-150, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY DEVELOPMENT PLAN OF BLAIRTOWN INDUSTRIAL PARK SUBDIVISION AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, AND COVERING A 20.07-ACRE TRACT OF LAND SITUATED IN THE SOUTHEAST HALF (SE1/2) OF SECTION 5, RESURVEY TOWNSHIP 18 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Banks moved to approve Resolution 2004-150. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, and Shea; abstained: Mayor Kaumo. Motion carried.

Resolution 2004-151, A RESOLUTION AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, TO EXECUTE AN AGREEMENT FOR DISBURSEMENT, RECEIPT AND USE OF GRANT FUNDS WITH THE SWEETWATER COUNTY JOINT TRAVEL AND TOURISM BOARD, was read by title. Councilman Cheese moved to approve Resolution 2004-151. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-152, A RESOLUTION APPROVING AN EASEMENT DEED BETWEEN THE CITY OF ROCK SPRINGS AND SWEETWATER COUNTY, WYOMING FOR THE PURPOSE OF CONSTRUCTING A WALKING AND BIKE PATH ON PROPERTY LOCATED WITHIN THE CITY OF ROCK SPRINGS, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-152. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-153, A RESOLUTION DECLARING SKOFJA LOKA, SLOVENIA AS A SISTER CITY TO THE CITY OF ROCK SPRINGS, WYOMING, was read by title. Councilman Shea moved to approve Resolution 2004-153. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Shea, Cheese Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-154, A RESOLUTION ACCEPTING AND APPROVING A SUBGRANTEE CONTRACT WITH THE WYOMING ARTS COUNCIL,

AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY, was read by title. Councilman Banks moved to approve Resolution 2004-154. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

ORDINANCES

Ordinance 2004-12, AN ORDINANCE REZONING TWO PARCELS OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-1 (LOW DENSITY RESIDENTIAL) AND R-2 (LOW DENSITY RESIDENTIAL) TO THE ZONING DESIGNATION OF R-3 (MEDIUM DENSITY RESIDENTIAL), was placed on third reading and read by title. Councilman Porenta moved to approve Ordinance 2004-12. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Amended Ordinance 2004-13, AN ORDINANCE AMENDING ORDINANCE 3-526 OF THE ORDINANCES OF THE CITY OF ROCK SPRINGS, WYOMING ENTITLED, “PROBLEM DOGS,” was placed on third reading and read by title. Councilman Kourbelas moved to approve Ordinance 2004- 13. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried. Councilman Kourbelas explained that this amendment makes it unlawful for dogs to be on land adjacent to public parks, golf courses and recreation areas unless in a vehicle.

Ordinance 2004-14, AN ORDINANCE REZONING TWO PARCELS OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 36, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-2 (LOW DENSITY RESIDENTIAL) TO THE ZONING DESIGNATION OF R-5 (HIGH DENSITY RESIDENTIAL), was placed on first reading and read by title.

EXECUTIVE SESSION

At 8:34 p.m. council adjourned to executive session to discuss personnel issues. At 8:58 p.m. council reconvened. No action was taken.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 8:59 p.m.

XX14

City council met in regular session on July 20, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve

Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson.

Councilman Shea moved to accept the amended agenda. Seconded by Councilman Porenta. Motion carried unanimously.

Councilman Banks moved to approve the July 6 council meeting minutes and minutes of the July 7 workshop. Seconded by Councilmember Gilbert. Motion carried unanimously.

COMMENDATION

Mayor Kaumo presented plaques and T-shirts to the following servicemen, or their stand-ins, who have either served or will be serving in Operation Iraqi Freedom: Petty Officer 3rd Class John Albert Smith, Sgt. Richard K. Klein, Capt. Jeremy Fowler, Spc. William H. Schoenfeld, and Spc. Daniel M. Jones. Mayor Kaumo said he supports and appreciates their efforts on behalf of citizens of the United States.

BID OPENING

Security Fencing

Total Bid Amount for Alternate 1, East Side Tanks, Wind River Tank, Blairtown Tanks, and Reliance Tank and Alternate 2, White Mountain Tank, Industrial Pump Station, White Mountain Vault and Reliance and Stassinos Vaults

Olson Fencing Powell, WY $ 98,744.00 Mountain States Fence Co. Salt Lake City, UT 83,138.54 Ace Hardware Rock Springs 120,838.20

All bids were accompanied with bid bonds. The bids were referred to the Engineering Department for review and recommendation at a future council meeting.

PUBLIC HEARINGS

Application to Transfer Location of non-Operational Retail Liquor License Owned by KKIDS, Inc. to 1645 Sunset Drive Under the Trade Name of ISLANDS

There were no comments. Councilman Horn moved to approve the location transfer. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

PETITIONS

Proposal to Rezone Two Parcels on Adams Avenue/Wyoming Street from R-2 to R- 5 (Ord. 04-14)

Reneé Roberts-Baker, 908 Adams Avenue, presented a petition to council with numerous signatures including those from residents at 908, 904, and 920 Adams Avenue, and 1206 Wyoming Street. The latter signatures meet the 20 percent requirement of residents living within 140 feet of the proposed rezone thereby necessitating a three-fourths affirmative vote of council members to approve the zone change. She said the other signatures are those of individuals who frequent

the area to attend the congregational church or visit people in the neighborhood and who do not want to see increased traffic. Ms. Baker also passed around pictures of the vacant lots that have now been cleared of vegetation.

Councilman Kourbelas asked if further developments have been made regarding access from Highway 430. Mr. Musich said nothing further has been developed, but he could consider building a roadway through his three residential lots or possibly on private property that already runs from his property to the belt loop. Mr. Musich said he chose to rezone to an R-5 so that it will coincide with the Master Plan. Councilman Kourbelas opined that the legitimate concern of the public is increased traffic on two narrow residential streets. He said the worst case scenario if the rezone is approved would impact the residential area with increased traffic on Wyoming Street and Adams Avenue. Mr. Musich responded that since his property has never been mitigated, it is unlikely an apartment complex or any residential structure would be built on it. Nevertheless, Councilman Kourbelas stated that if rezoned to an R-5, many uses are opened to it. Patricia Musich, 931 Adams, stated that their only plans are to build mini warehouses on the property and traffic would not be as significant as that caused by the existing apartments and church in the neighborhood. She also noted that the fact that her husband cleared vegetation on the property and parks vehicles on it is irrelevant to this situation. Mrs. Musich reiterated that at the July 6 council meeting Mrs. Baker stated she does not object to the storage units being placed on the lower section of the parcel, but is against their being built directly across from her house.

Councilmember Gilbert asked Ms. Baker if she would agree to a rezone of the back portion of the property only. She answered that she would not have a problem with rezoning the lots in the back as long as the front zoning remains as is and provided a new access is constructed. Councilmember Gilbert asked public services director Vess Walker if another zoning designation would be more suitable for a mini warehouse. Mr. Walker explained that if the entire parcel is rezoned to R- 5, the Planning and Zoning Commission would still need to approve a conditional use for the mini warehouse. If, on the other hand, only the three lots are considered for rezoning, the plan would need to be identified as a major site plan and resubmitted to council for three readings. Councilman Shea stated council’s concern should be to determine if the proposed zoning fits the Master Plan. Mr. Walker responded that is correct with regard to the entire 1.9 acres. However, if the parcel is to be divided into separate zones, another approach must be taken. He added that the storage units are an ideal application for this location, but the lack of access does create a traffic issue. Councilman Kourbelas warned that access should be considered when council votes on Ordinance 2004-14. Councilmember Gilbert agreed that council must consider future ramifications since access is questionable. Councilman Shea argued that property owners should be allowed to do whatever they want with their property within zoning guidelines. He felt a vote against the rezone will be viewed as a vote to restrict growth. He said if traffic problems result, that can be addressed later. He said existing industrial uses in the surrounding area makes the proposed storage units a good fit. Councilman Banks stated that although the rezone fits within the Master Plan, the future of the area and the wishes of the neighborhood must also be considered.

Aside from the rezoning issue, Mrs. Musich advocated council take action to revamp Wyoming Street whether or not the zoning issue passes. Mayor Kaumo responded that the city engineer continues to evaluate Wyoming Street. Ms. Baker reiterated her concern is the traffic issue if the rezone is approved regardless of the use. She conceded that if access to Highway 430 is obtained, some relief will be afforded the residents of Adams Avenue. Mayor Kaumo thanked Ms. Baker for her

comments, but concluded that the proposed storage units may be the best use for the vacant lots when considering traffic congestion.

Other Petitions

There were no other petitioners.

OFFICERS AND STAFF REPORTS

Councilman Shea moved to approve the Animal Control Report for June and the Animal Control Annual Reports for FY03 and FY04. Seconded by Councilmember Gilbert. Motion carried unanimously.

CORRESPONDENCE

The following correspondence was received: 1. a letter from William L. Allen commenting on the Butch Cassidy Wild Bunch Symposium; 2. a letter from Lorna Callas addressing various concerns. 3. thank you noted from Robert Tiede, R. Walker (Green River Council), and Western Wyoming Beverages, Inc. on behalf of Budweiser Clydesdales; 4. notifications from the Sweetwater County Solid Waste Disposal regarding partial salary payment for recycling center employees and an incentive payment check for increased productivity at the center; 5. a notice from the office of the Sweetwater County Sheriff, Emergency Management Division of an enterprise pipeline disaster exercise on July 26; 6. a notice from the Wyoming Office of Homeland Security of the December 31 deadline to encumber FY03 SHSGP monies; 7. a letter from the Wyoming Department of Transportation requesting input on the state transportation improvement program on July 29 at the WyDOT district office; 8. a notice from the U.S. Department of Interior, BLM of the August 9 deadline for comments on West Flank (Wild Bunch) 3D Geophysical project; 9. a request from Western Wyoming Community College for a budgeted appropriation for natural history museum brochures and tours. Councilman Banks moved to accept the correspondence. Seconded by Councilman Porenta. Motion carried unanimously.

BILLS AND CLAIMS

The following were submitted for payment:

Bills and Claims for June 30, 2004

A Pleasant Construction $ 900.00 AAA Sign Company 20.00 Ace Hardware 9,162.58 Allied Glass Service 181.83 Alpine Office Supply 1,675.24 Alsco-American Linen 2,204.61 Associated Bag Company 186.11 Auto Parts Unlimited 1,490.52 Bauer Nike Hockey USA Inc. 2,525.01 Ben Meadows Co. 656.33 Bennett’s Paint and Glass 1,880.49 Big Horn Roofing 24,220.00 BigNickel 65.00 Billings Gazette 804.76 Blazovich, Jill 10.00 Blazovich, Jill 40.00 Bob’s Plumbing 450.00 Bredsguard, Bob 400.00 Broadmoor East Vet Clinic 128.45

BSI Services, Inc. 80.00 C.E.M. Maintenance 577.12 Carrier Corporation 328.00 Center Street 77 Service 55.00 City Auto Sales 1,090.58 Copyex LLC 122.70 Corporate Express 3,545.96 Dell 3,478.03 Dept 58 – 3602703901 299.99 Dial Oil, Inc. 14,514.55 Eagle Uniform 133.98 Easton Sports Inc. 13,451.83 Ferrero Electric 3,971.45 Fingerprint Equip. Labs, Inc. 259.04 General Safety Equip. Corp. 48.47 Green River Star 94.50 H.W.P., Inc. 728.03 Hach Chemical 625.60 High Security Lock & Alarm 264.80 Horrocks Engineers, Inc. 24,116.96 Hose & Rubber Supply 107.17 Hunter Family Medical Clinic 315.00 Ikon Office Solutions 465.63 Infinity Power & Controls 12,366.50 Intermountain Record Center 82.60 James E. Phillips, P.C. 1,511.74 JFC Engineers, Architects 18,675.65 Jim’s Upholstery 80.00 Jirdon Agri Chem Inc. 863.00 John Paras Furniture 2,019.70 Joint Powers Water Board 312,170.39 Kaman Industrial Technologies 20.12 Kayar Distributing Company 1,295.00 Kelleys Shoes 71.74 Knudsen Asphalt Maintenance 21,610.89 Kroger-Smith Customer Charges 278.24 Legislative Service Office 35.00 Lewis & Lewis Inc. 2,524.51 Lewis Tree Service 80.00 M & N International 304.90 Macy’s Truck Repair 448.12 Matthew Bender 1,279.85 McCurtain Motors 198.56 Meadow Gold Dairies 376.81 Med-Tech Resource, Inc. 114.22 Memorial Hospital of Swtr. Co. 199.00 Metron-Farnier, LLC 17,661.24 Mission Hockey 185.37 Morcon Specialty Inc. 378.59 Neve’s Uniforms, Inc. 168.75 New Studio 64.89 Nu-Tech Specialties 1,917.88 Old Dominion Brush 2,279.01 Oriental Trading 89.05 Pacific Power & Light 20,508.45 Pacific Steel—Recycling 506.95 Palos Sports, Inc. 740.25 Peden’s Inc. 178.00 Postage by Phone 1,500.00 Questar Gas 4,655.58 Qwest 4,410.10 Ray Allen Mfg Co., Inc. 719.00 Reliance Electric 1,500.16 Robinson, Marissa 40.00

Robinson, Marissa 10.00 Rock Springs Humane Society 80.00 Rock Springs Municipal Utilities 44,115.35 Rock Springs Winnelson Co. 5,425.44 Rocket Sanitation 66.00 Rocky Mtn Service Bureau 52.64 Ron’s Ace Rental 2,899.67 Schaeffer’s Mfg Company 660.93 Shalata, Billy W. -1.39 Simons Petroleum 2,033.80 Southwest Machine & Welding 20.00 Southwest Wy Wool Warehouse 72.50 Stafford Backhoe Service 2,385.60 Standard Plumbing 96.65 Stericycle Inc. 67.25 Sterling Communications 2,719.98 Superior Lumber Co. 459.92 Surfaces Inc. 2,706.00 Sweetwater Co Weed & Pest 124.85 Sweetwater Co. Health Dept. 120.00 Sweetwater Ford 797.81 Sweetwater Plumbing & Htg. 47.78 Sweetwater Trophies 150.00 Sweetwater TV Co. Inc. 134.85 T.J. Foss 350.00 The Network 862.50 Tire Den Inc. 917.87 Trans Equip & Supply 19.96 United Parcel Service 60.41 United States Welding Inc. 16.70 V-1 Oil Co. 6.59 Van Diest Supply Company 618.25 Vaughn’s Plumbing 20,581.78 Victims Services Division 8,920.00 Viking Machinery Co. 254.74 Wells Fargo Card Services, Inc. 1,647.98 Wells Fargo Remittance Center 1,101.74 West Group Payment Center 1,362.48 Western Wyoming Beverage 238.50 Western Wyoming Community College 2,000.00 Whisler Chevrolet Co. 56.17 White Mountain Greenhouse 88.50 Wyo Assn of Municipalities 20,746.00 Wyo Dept of Revenue & Tax 1,841.57 Wyo Dept Transportation 114.76 Wyoming Analytical Labs 79.00 Wyo Environmental Services, Inc. 2,294.86 Wyoming Work Warehouse 490.30 Young Electric Sign Co. 207.00 Young-at-Heart Senior Citizen Ctr 35.00 Total $679,943.42

Bills and Claims for July 20, 2004

Abriani, Felix G & Rosemary $ 24.44 Adler, Sadie 18.00 Advanced Tele Systems 40.00 Aiken, Trent 31.56 Ameri-Tech Equipment Co. 130.61 Andersen, George 5.21 Archibald, Travis 18.00 Atwood, Frieda 37.00 Baudville Desktop Publishing 56.70 Bertagnolli, Mackenzie 425.00

Beverage, Ivy 185.00 Big W Supplies 1,608.56 Blossom, Timothy 49.18 Bogataj, Karl & Barbara 21.07 Boschetto’s 726.95 Boycott, Bill 600.00 Brown, Jody & Buffy 337.45 Burton, Bruce 14.57 Callas, Michael 325.00 Campbells Plumbing 55.00 Capital Cleaners 510.00 Caudell, Mike 18.00 CDW Government, Inc. 82.25 Center Street 66 Service 55.00 Christiansen, James B & Felipa 29.95 Copyex LLC 94.00 Countermeasures Tactical Inst. 1,500.00 Cps Distributors Inc. 5,684.55 Crider, Duane 359.00 Culligan Soft Water Service 102.25 Cundy, Vic N. & Catherine M. 1.57 Current, Bill 13.31 D-Mac Investments 450.00 Days Inn 137.90 Digital Select 76.97 Dillon, Steve or Jennifer 127.36 Downtown Promotion Reporter 164.50 Easton Sports Inc. 1,354.31 Edwards, Philip or Larene .52 Ferguson, Pam 103.69 Fitzloff, Dan & Marie 208.78 Five Star Towing & Repair 100.00 Frontier West Construction 21.68 Frost, Jason 3.47 Gibbs, Rich 193.00 Giberson, Harold 110.00 Grand Junction Housing Authority 456.00 Grand Junction Housing Authority 30.00 Gutierrez, Ana Maria 37.00 Gutierrez, Gary 55.10 Hafey Properties Ltd. Partnership 211.00 Heikes, Neil 28.42 High Desert Polaris 9.99 High Security Lock & Alarm 340.00 Hilty, Laura 13.00 Holmes, Gentry 46.00 Hose & Rubber Supply 12.82 Housing Authority of Salt Lake City 1,263.00 Housing Authority of Salt Lake City 30.00 HTE, Inc. 19,220.01 Imperial Plaza Apts. 467.00 Imperial Plaza Apts. 86.00 Intermountain Golf Cars, Inc. 38.84 Inventory Trading Company 65.25 Jaramillo, Joe 350.00 Jenkins Golf Accessories 1,291.93 Johnson, Shawn or Karen 42.36 Kepner Co. 4,122.94 King Environmental Products 300.00 Kopy Korner 6.09 Kumpula, Donald 13.00 L&L Rentals 485.00 Lay, Walter 309.00 Majhanovich, Richard 364.00

Martel Electronics, Inc. 13,455.00 Martinez, Melissa 37.00 McBride, Howard or Linda 37.39 McGrew, Elwin 157.00 McKee, Edward 15.43 McKenzie, Earl 10.82 Mickelson, Gordon 10.00 Mickelson, Gordon 21.63 Miller, Stella 480.00 Mitchell, Alike 37.00 Moore, Bridgette 30.00 Mountainaire Animal Clinic 30.00 Myers, Jessica 13.00 Ohana Properties 234.00 Ohana Properties 23.00 Oja, John & Pat 44.46 Oja, John & Pat 93.08 Oja, Pat 28.97 Oja, Pat 85.27 Palos Sports, Inc. 139.90 Pandalis, John 246.00 Phone Directories Company 720.00 Pitts, Gail 303.00 Quinlan Publishing Co. 134.97 R.T. Rentals 238.00 Ray, Wechonhpecala 37.00 Real Kleen Inc. 107.07 Reed, Roger & Linda 91.26 Respond First Aid Systems 701.22 Rock Springs Newspapers 71.00 Rocket Sanitation 180.00 Rost, Marlene 11.00 Ruiz, Amanda 25.00 Salgado, Cindy 25.00 Salt Lake Co. Fleet Mgt. 120,475.00 Saunders, Heather 25.00 Sears Commercial One 59.98 Shantz, Norman 87.00 Short, Gregg 862.00 Sisneros, Maria 18.00 Six States Distributors 97.52 Skyline Property Group, LLC 409.00 Slater, Mindy & Wes 13.69 Sloan, Milissa 13.00 Springsteel, W.J. 15.31 Springsteel, W.J. 8.98 Staks 116.55 State of Wyoming 96.00 State of Wyoming 100.00 Stromberg, Violeta 18.00 Sweetwater County Health Dept. 120.00 Sweetwater Heights 174.00 Sweetwater Heights 323.00 Sweetwater Heights 302.00 Sweetwater TV Co. Inc. 74.63 Titleist 1,495.75 Tolar, Joshua 44.14 Tom’s Wyoming Glass 96.00 United Parcel Service 6.00 United States Welding Inc. 15.36 Volz, Daniel or Julia 55.60 Wetco Inc. 1,569.87 Wild West Motorsports 691.48 Wilkinson, Kimberly 25.00

Wyo Dept Transportation 20,919.13 Young Electric Sign Co. 207.00 Zanetti, Pamela 10.39 Zuehlsdorff, John 199.53 Total $212,522.49

Report Checks for July

AFLAC Insurance Employee Premiums $ 1,703.22 Highmark Life & Casualty Employee Premiums 1,380.40 Equitable Life Employee Deferred 725.00 ICMA Retirement Corp. Employee Deferred 7,940.44 Great-West Life & Annuity Employee Deferred 3,946.00 AFSCME Local #1004 Employee Dues 24.75 Colonial Life & Accident Employee Premiums 88.72 Wyo Child Support Enf. Child Support Payments 4,581.51 State of Idaho Child Support Child Support Payments 249.00 RS Firefighter Assn #1499 Employee Dues 1,102.00 City of Rock Springs Misc. Deduction 185.85 RS City Treasurer Employee BCBS Reim 17,505.56 NCPERS Group Life/Prudential Group Life Employee Deduc 801.00 New York Life Insurance Employee Premiums 86.46 RS Police Protective Assoc Employee Dues 360.00 UMWA/OAW Local #3893 Employee Dues 1,012.34 United Way of Swtr. Co. Employee Deductions 233.70 Waddell & Reed Financial Svcs. Section 529 Plan 100.00 Wyoming Retirement System Fire Benefit City/Emply 25,402.21 Wyoming Workers Comp Employee Benefits 16,511.14 Wyoming Workers Comp Work Restitution Workers 34.04 Wyoming Workers Comp Volunteer Program 8.51 Wyoming Retirement System Employee Benefits 49,955.62 Wyoming Retirement System Law Enforcement 38,167.22 Sweetwater Fed Credit Union Employee Deductions 47,205.10 Internal Revenue Service Electronic Fund Transfer 121,428.33 Total $340,738.12

July 6 Salaries $577,616.21

Councilmember Gilbert moved to approve the bills and claims for June 30 and July 20 and the July 6 salaries. Seconded by Councilman Shea. Motion carried unanimously.

NEW BUSINESS

Councilman Kourbelas moved to approve the following requests from the Department of Engineering and Operations: 1. to purchase a used lift truck for the streets department; 2. to bid the city hall/police department roof replacement project; 3. to bid the 2005 concrete replacement Phase I project. Seconded by Councilman Shea. Motion carried unanimously.

Councilman Porenta moved to approve a request from Black Rock Inc. dba Saddlelite Saloon for a liquor catering permit for the fifties class reunion on August 13 and 14 at the events complex and on August 15 at Bunning Park. Seconded by Councilman Banks. Motion carried unanimously.

RESOLUTIONS

Resolution 2004-136 and 2004-148 remained tabled.

Resolution 2004-155, A RESOLUTION AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, TO FILE AN APPLICATION FOR A 2004 LOCAL LAW ENFORCEMENT BLOCK GRANT, was read by title. Councilmember Gilbert moved to approve Resolution 204-155. Seconded by Councilman Cheese. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-156, A RESOLUTION AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, TO DISCHARGE UNCOLLECTIBLE OCCUPATION TAX DEBTS. City clerk Colleen Peterson explained that auditors object to the city leaving uncollectible debts on the books for years. She noted though that after the city dismisses them, a collection agency continues to try to recover the debt. Councilman Kourbelas moved to approve Resolution 2004-156. Seconded by Councilman Tate. Mayor Kaumo said debt relief should only be given to businesses who truly cannot make payments, not for those who make a mockery of the system. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Shea, Cheese, Tate, and Kourbelas; opposed: Councilmen Porenta and Mayor Kaumo. Motion carried.

Resolution 2004-157, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY PLAT OF FOX RUN SUBDIVISION, PHASE 4 AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, AND COVERING A 4.99-ACRE TRACT OF LAND LOCATED IN NORTHWEST QUARTER (NW ¼) OF SECTION 33, TOWNSHIP 19 NORTH, RANGE 105 WEST, SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-157. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-158, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF FOX RUN SUBDIVISION, PHASE 4, AS A SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, AND COVERING A 4.99-ACRE TRACT OF LAND LOCATED IN NORTHWEST QUARTER (NW ¼) OF SECTION 33, TOWNSHIP 19 NORTH, RANGE 105 WEST, SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-158. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-159, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF WALLENDORFF SUBDIVISION, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY ROBERT WALLENDORFF, COVERING A 0.537-ACRE TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 34, RESURVEY TOWNSHIP 19 NORTH RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Shea moved to approve Resolution 2004-159. Seconded by Councilman Horn. Upon roll call the following

voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-160, A RESOLUTION ACCEPTING AND APPROVING IMPROVEMENTS INSTALLED IN THE RIMROCK WEST ADDITION PHASE 4 SUBDIVISION OF THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, CONSISTING OF EIGHT LOTS LOCATED IN THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SWEETWATER COUNTY, WYOMING, AND ACCEPTING CONTROL AND MAINTENANCE OF THE SAME PURSUANT TO THE PROVISIONS OF ROCK SPRINGS ORDINANCE SECTION 16-807, was read by title. Councilman Banks moved to approve Resolution 2004-160. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-161, A RESOLUTION ACCEPTING AND APPROVING AN ADDENDUM TO THE 2004-2005 COLLECTIVE LABOR AGREEMENT BETWEEN THE CITY OF ROCK SPRINGS AND THE FIREFIGHTERS LOCAL 1499, I.A.F.F., AND AUTHORIZING TIMOTHY A. KAUMO, THE MAYOR OF THE CITY OF ROCK SPRINGS, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, TO EXECUTE SAID ADDENDUM ON BEHALF OF THE CITY, was read by title. Councilman Cheese moved to approve Resolution 2004-161. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-162, A RESOLUTION ACCEPTING AND APPROVING AMENDMENT TWO TO THE AGREEMENT WITH THE WYOMING BUSINESS COUNCIL, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID CONTRACT AMENDMENT ON BEHALF OF THE CITY, was read by title. Councilman Shea moved to approve Resolution 2004-162. Seconded by Councilmember Glbert. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

ORDINANCES

Ordinance 2004-14, AN ORDINANCE REZONING TWO PARCELS OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 36, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-2 (LOW DENSITY RESIDENTIAL) TO THE ZONING DESIGNATION OF R-5 (HIGH DENSITY RESIDENTIAL), was placed on second reading and read by title.

Ordinance 2004-15, AN ORDINANCE AMENDING SECTION 804 OF THE PERSONNEL POLICIES AND PROCEDURES OF THE CITY OF ROCK SPRINGS, WHICH SECTION PERTAINS TO VACATION, was placed on first reading and read by title.

EXECUTIVE SESSION

At 7:55 p.m. council adjourned to executive session to discuss a potential litigation. At 8:12 p.m. council reconvened. No action was taken.

NON-AGENDA ITEMS

Mayor Kaumo wished John Tarufelli a speedy recovery.

Councilmember Gilbert announced that Mayor Kaumo was selected “Business Person of the Year” by the Sweetwater Board of Realtors.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 8:13 p.m.

XX15

City council met in regular session on August 3, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Harry Horn, and Mayor Tim Kaumo; absent: Kathy Gilbert, Chad Banks and Kent Porenta. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, and Colleen Peterson.

Councilman Kourbelas moved to accept the amended agenda. Seconded by Councilman Shea. Motion carried unanimously.

Councilman Shea moved to approve the July 20 minutes. Seconded by Councilman Cheese. Motion carried unanimously.

COMMENDATION

Mayor Kaumo presented plaques and T-shirts to the following military personnel who are either presently serving or who have served in Operation Iraqi Freedom: Spc. Matthew Scott Cristanelli, SSgt. Rudolph Joseph Cristanelli; SSgt. Jeffrey L. Tebedo, Pfc James T. Dunder, Sgt. Jeremey J. Schanno, and E-4 3rd Class David Joseph Thimm. Mayor Kaumo thanked them for their roles in helping to preserve freedom. He noted that their names will be placed on a plaque to be permanently displayed in the city.

BID OPENING

Co-Ed Spa Replacement as Family Recreation Center

Bradford Products, LLC Wilmington, NC 28405 N/A* *A bid bond was not included with the bid. For that reason Councilman Horn moved to reject the bid without reading the quote. Seconded by Councilman Shea. Motion carried unanimously.

PRESENTATION

Sweetwater County Economic Development Association

Before giving an overview of the association’s activities, Pat Robbins, director of SWEDA, thanked the city for their continued support of SWEDA. She

also thanked city engineer Paul Kauchich and Councilman Porenta for their participation on the board.

Buxton Study: Ms. Robbins informed council that the retail study performed by Buxton Company has been delivered to the cities of Green River and Rock Springs. However, three issues were raised concerning the study: 1. it covered only a 15-minute trade area; 2. the color schemes depicted on the map were not clearly distinquishable; and 3. the population showed a decline. Buxton has agreed to expand the study to a 45-minute radius and to convert the colored areas on the map to black and white. However, they will not change the trend in population figures based on results of the latest U.S. Census unless a credible source will quantify population growth in Sweetwater County. Coincidentally, she stated a WYDOT study shows traffic projections in Rock Springs reflecting an annual growth rate of 1.6% over the next 20 years. She will forward that information to Buxton in hopes it will justify a change to their report. She said once the changes have been finalized, there are plans to bring company representatives to Rock Springs to explain the results to the business community. She said the Wyoming Business Council will fund a portion of their trip. Councilman Horn commented that if the report is done properly, it should not need explanation. Ms. Robbins answered that in addition to information supplied to Buxton by the cities of Green River and Rock Springs, they applied their own set of data for which an explanation will be helpful to the business community as both a retention and recruitment tool.

Updates: Ms. Robbins said she attended a manufacturing trade show in New York last month along with members of the Wyoming Business Council. She said while Gov. Freudenthal was being interviewed by national media including CNN, the rest of the group visited with interested businesses.

In September Ms. Robbins will attend an international mine exposition in Las Vegas, which is held every four years, to help staff a booth for the Wyoming Mining Association. She said SWEDA has also placed an ad in Business Solutions magazine. Because of the interest generated from that ad, another one will be placed in the fall. The magazine releases the top 100 site consultants and developers in the country, all of whom have been invited to visit Sweetwater County.

Recruitment: Ms. Robbins said a trucking company is considering a couple of sites in the county in which to locate. She noted that although Rock Springs was not selected by the Wyoming Catholic College Founders Committee as a location for a prospective liberal arts college, the city received excellent comments from the committee.

Infrastructure: SWEDA has applied to the Wyoming Business Council for a grant to extend municipal water lines west of Rock Springs. If the grant is awarded, a looped water system will be constructed from L&H Welding on the north side of the interstate to a 313-acre parcel across from Cruel Jacks, which was recently purchased by a Gillette real estate company with plans to develop 200 acres into an industrial site. If plans materialize approximately 55 new jobs will be created between the two businesses.

Ms. Robbins notified council that the grant application submitted on behalf of Gerry Fedrizzi to move houses from Table Rock to Veterans Park Subdivision was denied. Alternative ways to subsidize the program will be reviewed.

Ms. Robbins advised that work force training money is available to any individual who wishes to enhance skills outside of the normal duties of a job. She said, if contacted, she will help acquire the funds. She announced that on September

15, 16, and 17 the Wyoming Economic Development Association and executive board will hold their fall meeting in Green River with Rock Springs hosting one of the sessions at the historical museum.

PUBLIC HEARINGS

Request for Preliminary Development Plan Approval for Davis Subdivision

Councilman Horn asked who the applicants are and what their plans for the subdivision are. City planner Laura Crandall responded Davis Subdivision is a residential subdivision located on Madison Avenue south of Bicentennial apartments consisting of twelve lots owned by Morgan and Tina Davis. She said the smallest lot is 92’ x 200’. Mrs. Davis added that the R-2 zoning will allow either modular or stick built houses to be constructed. Clay Baird, Uinta Engineering, noted that plans for the subdivision are consistent with the area. There were no other comments. Action to be taken under Resolution 2004-164.

Request to Transfer Ownership of Resort Liquor License Owned by Inn at Rock Springs, LLC dba Inn at Rock Springs to Laxmi Hospitality, LLC dba Inn at Rock Springs

There were no comments. At the request of the petitioner, action will be deferred to a future council meeting.

PETITIONS

Proposal to Rezone Two Parcels on Adams Avenue/Wyoming Street from R-2 to R-5 (Ord. 04-14)

Petitioner Reneé Roberts-Baker, 908 Adams Avenue, reiterated her objection to rezoning parcels on Adams Avenue from R-2, Low Density Residential, to R-5, High Density Residential. She said her main objection is the increased traffic that would be generated. She stated she is also opposed to the proposal to construct storage units on the lots noting that storage units in residential areas are not common.

Councilman Kourbelas asked if an alternate access route has been defined. Applicant Pete Musich replied he continues to research ownership of the dirt road adjacent to his property through which access from Hwy 430 to the lots could be gained. Once the owners are identified, he will try to purchase the road. Even if another access is found Mayor Kaumo questioned whether access could also be gained from Wyoming Street as well; and if so, wouldn’t that be contrary to what was presented to the Planning and Zoning Commission. Mr. Musich answered that access would depend on how Wyoming Street is surveyed and whether it could be widened. Councilman Horn asked Mr. Musich what he would do with the lots facing Adams Avenue if he were to put the storage units on the lower 1.56 acres. Mr. Musich said he would join those lots with other property he owns on Adams Avenue. He maintained that neither the noise nor the traffic would be a problem if storage units were built. Councilman Horn countered that those issues are not what he is concerned about, rather, he is opposed to storage units in a residential area because of the continual disruptions. Councilman Cheese suggested tabling Ordinance 2004-14 until a full council is present, and/or Mr. Musich has more information on access. Mayor Kaumo agreed since at least six votes are needed to approve the rezone and three council persons are absent from this meeting.

Lorna Callas, 825 Bushnell, stated she is not opposed to the back lots being rezoned provided access from Hwy 430 can be gained, but she is opposed to rezoning the lots on Adams Avenue. She also expressed opposition to having one block divided into two separate zones. To her knowledge, other cities do not allow

this to happen. She urged council to carefully consider their decision, but if the request is approved, she said the entrance to the units and children’s safety must be thoroughly reviewed. Mrs. Baker re-emphasized that her opposition is with rezoning the three lots on Adams Avenue to R-5.

There were no other petitioners.

OFFICERS AND STAFF REPORTS

Fence on Gateway Drive

Councilman Horn adamantly opposed partnering with Wal-Mart to erect a vinyl fence along Gateway Boulevard. He opined that to do so would start a precedent. He said the fence is being proposed in order to contain debris from blowing across Gateway Boulevard into Gateway Village. But, he felt Wal-Mart should instead place garbage receptacles on their lot to control the problem. Councilman Kourbelas countered that if government or public interests, which include health or aesthetic values, are being served, the project is valid. He said because of the numerous complaints of residents in Gateway Village regarding the amount of trash they pick up on a daily basis, the project appears to be worthwhile. He maintained this is no different than similar projects on Elk Street and Blair Avenue.

City attorney Vince Crow advised that if council deems it to be in the best interest of the citizens, they can approve the project provided public funds are spent on public property. Mayor Kaumo stated since the city and Wal-Mart share a right- of-way, the fence would be constructed on the property line with the city sharing half of the $3,940 total cost. Councilman Kourbelas moved to have the fence constructed along the Gateway right-of-way at a cost to the city of $1,970. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Kourbelas, Shea, and Mayor Kaumo; opposed: Councilmen Horn, Tate, and Cheese; absent: Councilmen Porenta, Banks and Gilbert. Motion defeated.

Councilman Kourbelas moved to approve the Health Insurance Fund Recap for June, the financial reports for June and the Walmart fence report. Seconded by Councilman Cheese. Motion carried unanimously.

COUNCIL COMMITTEE AND BOARD REPORTS

Youth Council Committee Report

Councilman Kourbelas reported on the Youth Council Committee’s undertaking to draft an ordinance regarding motorized skateboards, excluding pocket rockets. Under the guidance of assistant city attorney, Cliff Boevers, the committee proposed language that would require operators of motorized scooters to be at least 10 years of age or older and wearing helmets. Motorized skateboards shall be operated exclusively on residential streets as designated on the Transportation Plan Map or on bike paths, if designated by the governing body as being appropriate for motorized skateboards. If so designated, signs must be erected to notify the public. Motorized bikes cannot be operated on collector streets or arterial streets and can be operated during daylight hours only. They must be operated in accordance with all traffic signs and shall not be used for towing. Only one rider can ride. Violations will be considered a misdemeanor. Councilman Kourbelas moved that these rules be presented to the governing body in the form of an ordinance for three readings. Seconded by Councilman Shea. Motion carried unanimously. Mayor Kaumo thanked the youth committee and Mr. Boevers for their timely legislation.

State Annexation Statutes

Mayor Kaumo reminded council that George Parks, executive director of WAM, has requested any revisions, suggestions and/or comments on the state annexation statutes draft by August 19.

CORRESPONDENCE

The following correspondence was received: 1. notification from the Wyoming Catholic College Founders Committee that Rock Springs was not selected as a site for a prospective liberal arts college; 2. a request from SWEDA for their budgeted appropriation; and 3. a notice from Wyoming Community Development Authority that their application for CDBG funds for Veterans Park Subdivision infrastructure was denied. Councilman Shea moved to accept the correspondence. Seconded by Councilman Cheese. Motion carried unanimously.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

A&G Plumbing $166.00 Intermountain Record Center 104.30 A-1 Electrical Contractors Inc. 54.00 Intermountain Slurry Seal, Inc. 25,013.97 ABC Carpet Care 298.00 International Code Council 181.99 Adolph Kiefer & Associates 235.82 Jenkins Golf Accessories 67.26 Advanced Automotive 175.12 JFC Engineers, Architects, 19,936.25 Advanced Tele Systems 45.00 Jirdon Agri Chem Inc. 673.85 Airgas Intermountain 572.64 JM Electrical Services 1,945.00 Altec Industries, Inc. 67,500.00 Julius, Ed 350.00 Aquatic Alliance International 90.00 Kauchich, Paul 4.31 ASAP Software 59,603.75 Kaumo, Richard 350.00 Asphalt Services 5,068.25 Kennedy, Chris 500.00 Atco International 1,174.10 Kinderprint Co. Inc. 318.06 Bauer Nike Hockey USA 27.26 Knudsen Asphalt Maint. 378.00 Best Western Outlaw Inn 532.17 Kopy Korner 37.94 Bicentennial Apt Village 21,185.00 Lathrop Feed & Equip. 181.68 Big Nickel 55.00 Lewis & Lewis Inc. 4,362.30 Bloedorn Lumber 341.70 Lewis Tree Service 200.00 Blue Cross-Blue Shield 20,996.79 Long Building Technologies, Inc. 449.50 Boschetto Apartments 263.00 Lozier, Russ 686.50 California Contractor Supply 261.60 Lyon Network Services 1,207.50 Callaway Golf 2,251.22 Maska US Inc. 144.45 Carter Co. 6,188.37 McLeod USA 822.74 Casper Star Tribune 293.00 MDS Harris 233.47 City of Rock Springs 187,926.65 Medtronic Physio Control 882.19 Copier & Supply Co. 113.52 Memorial Hospital of Swtr. Co. 100.00 CPS Distributors Inc. 3,236.30 Mountain States Supply 682.38 DeBernardi Construction Co. 333,241.55 Mountainaire Animal Clinic 22.50 Dell 1,706.78 Neve’s Uniforms, Inc. 899.65 Digital Select 154.95 New Studio 38.03 Dons RV & Repair 72.69 Nickel Ridge Portables 1,705.00 Easton Sports Inc. 1,192.27 Nike USA, Inc. 396.36 Equifax Credit Information 8.95 Nu-Life Glass & Home 471.50 Falcon Pump & Supply 273.50 Nu-Tech Specialties 3,396.54 Farm Tech 428.80 Oakridge Development, Inc. 37,270.53 Fastenal Company 2,570.49 Orkin Exterminating 208.00 Fedex 85.91 Pacific Power & Light 22,577.31 Fiesler, Jake 25.00 Pedri, Dave 350.00 Five Star Towing & Repair 125.00 Performance Overhead Door Inc. 300.08 Force America 479.60 Perry, Joanna 352.00 Free Agents Band 350.00 Phone Directories Company 168.00 Grayson Enterprises, Inc. 154.36 Physics Golf USA, Inc. 426.00 Great Divide Chemical 1,944.00 Pioneer Gasket Co. 100.00 High Security Lock & Alarm 40.00 Pitney Bowes 218.00 Highmark Life Insurance Co 759.12 Plainsman Printing & Supply 699.90 Intermountain Golf Cars, Inc. 264.94 Plummer, Deborah 150.00

Precor 142.38 Pro-Shade 560.00 Questar Gas 2,605.01 Questar Infocomm Inc. 125.00 Quinlan Publishing Co. 269.94 Qwest Communications 150.00 Radioshack Corporation 14.08 Real Kleen Inc. 299.47 Rink Systems 272.97 R.S.Chamber of Commerce 140.21 Rock Springs Newspapers 4,141.87 Rock Springs Recycling Center 3,750.00 Rock Springs Winnelson Co. 8,526.27 Rocky Mtn Turf & Ind Equip. 2,038.60 Rodriquez, Nellie -35.00 Rodriquez, Nellie 35.00 Seton Identification Products 530.00 Shadow Mountain Spring Water 153.60 Shahan Weed & Pest Control 125.00 Sherwin Williams 1,667.71 Six States Distributors 137.47 Smith Detroit Diesel 5,095.40 Smyth Printing 304.70 Sound Decisions Audio 2,410.00 Southwest Counseling Service 1,200.00 Spa World 56.90 Sterling Communications 187.50 Strategic Supply 470.61 Sun Mountain Sports 755.00 Superior Industrial Supply 114.81 Superior Lumber Co. 807.38 Surfaces Inc. 168.00 SWEDA 5,000.00 Sweetwater Co. Health Dept. 84.00 Sweetwater County Treasurer 32.55 Sweetwater Co. Solid Waste 2,049.07 Sweetwater Plumbing & Htg. 91.89 Tabuchi, Doug 50.00 Tabuchi, Ryan 25.00 Tate, Chuck 12.94 Tegeler & Associates 294,972.00 Terex Utilities 104.27 Thatcher Company 5,385.32 The Wyoming Business Report 480.00 Tire Den Inc. 182.25 Tom’s Wyoming Glass 156.00 Turf Equipment and Irrigation 1,119.08 UBTA-UBET Communications 122.58 Uinta Engineering and Survey 137.82 Unisen, Inc. 480.60 United Parcel Service 131.94 United Reprographic Supply, Inc. 95.00 Valdez & Co. 900.00 Vaughn’s Plumbing 753.72 Verdicon 392.50 Verizon Wireless 2,128.40 Walmart Community Brc 2,003.26 Webb, Regina 150.00 Wheatland Fire Equip. co. 58.07 Wild West Motorsports 88.84 Williams, Penny 150.00 Wyo Assn of Municipalities 135.00 Wyo Rec & Parks Assoc 5,000.00 Wyoming Assoc of Housing 100.00 Wyoming Com LLC 574.75 Wyoming Work Warehouse 145.90 Young Electric Sign Co. 207.00 Zueck Transportation 620.16 Total $1,213,435.00

Report Checks for July 20

Employee Garnishments Employee Deductions $ 251.02 Internal Revenue Service Electronic Fund Transfer 100,381.24 Swtr. Federal Credit Union Employee Deductions 29,268.28 Miscellaneous Deduction Employee Deductions 30.87 Wyoming Child Support Child Support Payments 2,681.23 Idaho Child Support Child Support Payments 249.00 Total $132,861.64

July 20 Salaries $391,275.88

Councilman Cheese moved to approve the bills and claims for August 3 and the July 20 salaries. Seconded by Councilman Tate. Motion carried unanimously.

NEW BUSINESS

Councilman Shea moved to approve a request from the Parks and Recreation Department to call for bids on various landscape equipment for the golf course, parks and cemetery. Seconded by Councilman Kourbelas. Motion carried unanimously.

Councilman Kourbelas moved to approve a request from the Department of Engineering and Operation to call for bids on the Foothill Boulevard water system improvement project. Seconded by Councilman Tate. Motion carried unanimously.

Councilman Cheese moved to allow staff to offer a proposal to the Wyoming Association of Municipalities to host the 2007 WAM convention. Seconded by Councilman Shea. Motion carried unanimously.

Councilman Shea moved to approve a request from the Sweetwater County Library for 30 recreation passes to be awarded as prizes to youth in the summer reading program. Seconded by Councilman Kourbelas. Motion carried unanimously.

Councilman Tate moved to approve a request from Lew’s Inc dba Buddha Bob’s Bar for a parking lot party to include alcoholic beverages on a portion of Sands Café parking lot on September 4 from 1:00 p.m. until 9:30 p.m. Seconded by Councilman Shea. Motion carried unanimously.

RESOLUTIONS

Resolution 2004-136 and 2004-148 remained tabled.

Resolution 2004-163, A RESOLUTION ACCEPTING AND APPROVING A BUSINESS READY COMMUNITY GRANT AND LOAN PROGRAM GRANT AGREEMENT WITH THE WYOMING BUSINESS COUNCIL, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilman Kourbelas moved to approve Resolution 2004-163. Seconded by Councilman Horn when he asked how much of the Gateway extension the grant would cover. City engineer Paul Kauchich advised that this $1.5 million grant will partially pay for the estimated $2.1 million extension of Gateway Boulevard. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Horn, and Mayor Kaumo; absent: Councilmen Gilbert, Banks and Porenta. Motion carried.

Resolution 2004-164, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY DEVELOPMENT PLAN OF DAVIS SUBDIVISION AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, AND COVERING A 6.967-ACRE TRACT OF LAND DESCRIBED AS TRACT “A” OF THE SPRINGLAND ADDITION TO THE CITY OF ROCK SPRINGS, SWEETWATER CONTY, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-164. Seconded by Councilman Horn. Upon roll call the following voted in favor: Councilmen Horn, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Absent: Councilmen Porenta, Banks and Gilbert. Motion carried.

Resolution 2004-165, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF RIMROCK WEST ADDITION, PHASE 5, AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY RIMROCK WEST, LLC, COVERING A 4.40- ACRE TRACT OF LAND SITUATED IN FEDERAL LOT 30 OF SECTION 28, RESURVEY OF TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Shea moved to approve Resolution 2004-165. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas and Horn; abstained: Mayor Kaumo; absent: Councilmen Porenta, Banks and Gilbert. Motion carried.

Resolution 2004-166, A RESOLUTION ACCEPTING AND APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF ROCK SPRINGS, WYOMING, AND THE WYOMING DEPARTMENT OF TRANSPORTATION, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilman Cheese moved to approve Resolution 2004-166. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Horn, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo; absent: Councilmen Porenta, Banks, and Gilbert. Motion carried.

Resolution 2004-167, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH MOUNTAIN STATES FENCE COMPANY IN THE AMOUNT OF $83,138.54, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Tate moved to approve Resolution 2004-167. Seconded by Councilman Kourbelas. Councilman Horn questioned why the city hasn’t fenced the water storage areas sooner. Mr. Kauchich answered that the areas are now single- fenced, but Homeland Security is mandating double fencing. He said funding for the fencing comes from a Homeland Security grant. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Horn, and Mayor Kaumo; absent: Councilmen Porenta, Banks and Gilbert. Motion carried.

Resolution 2004-168, A RESOLUTION AMENDING THE SEWER POLICY OF THE CITY OF ROCK SPRINGS, WYOMING, was read by title. Councilman Cheese moved to approve Resolution 2004-168. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Horn, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo; absent: Councilmen Porenta, Banks, and Gilbert. Motion carried.

ORDINANCES

165

August 17, 2004 Ordinance 2004-14, AN ORDINANCE REZONING TWO PARCELS OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 36, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-2 (LOW DENSITY RESIDENTIAL) TO THE ZONING DESIGNATION OF R-5 (HIGH DENSITY RESIDENTIAL), was placed on third reading and read by title. Councilman Cheese moved to table Ordinance 2004-14. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Horn, and Mayor Kaumo; absent: Councilmen Porenta, Banks, and Gilbert. Motion carried.

Ordinance 2004-15, AN ORDINANCE AMENDING SECTION 804 OF THE PERSONNEL POLICIES AND PROCEDURES OF THE CITY OF ROCK SPRINGS, WHICH SECTION PERTAINS TO VACATION, was placed on second reading and read by title.

EXECUTIVE SESSION

At 8:14 p.m. council adjourned to executive session to discuss a potential litigation. At 8:45 p.m. council reconvened. No action was taken.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 8:45 p.m.

XX16

City council met in regular session on August 17, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, and Dave Silovich.

Councilman Shea moved to accept the amended agenda. Seconded by Councilman Porenta. Motion carried unanimously.

Councilman Cheese moved to approve the August 3 minutes. Seconded by Councilman Tate. Motion carried unanimously.

PROCLAMATIONS/ PRESENTATIONS

Fire Department Proclamation

In recognition of the 100th anniversary of the creation of the Rock Springs Fire Department, Mayor Kaumo proclaimed August 18 as Rock Springs Fire Department Appreciation Day. He noted that the 24-member paid fire department began as Clark Hose Company #1 in 1888. In 1897 the system was replaced with a volunteer company, the W.K. Lee Volunteer Fire Company. In 1904 a full-time department was created when Ordinance #46 was adopted. Mayor Kaumo thanked all firefighters, past and present, for their courage and selfless concern for the citizens of Rock Springs.

166

August 17, 2004 Operation Iraqi Freedom Plaque

Green River citizen Harry Holler, on behalf of Mike Frink, owner of Sweetwater Trophies, presented the city with a plaque containing individual plates inscribed with names of Rock Springs troops serving in Operation Iraqi Freedom. Mr. Holler said the plaque recognizes soldiers for their service in wartime to protect the United States. To date 52 names have been inscribed. Mayor Kaumo thanked him for this patriotic memento and said the plaque will be hung in the council chambers with names of service people added as they become known.

COMMENDATION

Operation Iraqi Freedom Presentations

Mayor Kaumo presented plaques and T-shirts to the following troops for their service to the U.S. during Operation Iraqi Freedom: Jared W. Bertagnolli, Stephanie C. Brehler Brown, Michael Lee Brown, Brittany L. Christensen, Bif B. French, William A. Doak, Jereme Chase Dolce, Lawrence D. Hall, Mario Jay Olguin, Justin A. Peterson, Ahren Reiter, Andrew W. Reiter, Janaee Berry Stone, and Daniel W. Swiatek. As plaques were presented recipients told either where they had served or will be serving. Mayor Kaumo commended them for their patriotism.

Police Department Employees of the Quarter

Mayor Kaumo presented certificates of appreciation to Det. Steve Reekers and Det. Curt Christensen for having been selected sworn employees of the second quarter by their peers in the Police Department. The certificates recognized the detectives’ excellent investigative skills that were crucial to several apprehensions. Mayor Kaumo also presented a certificate of appreciation to Cheryl Johnson for having been selected civilian employee of the quarter by her peers in the Police Department. He thanked her for her dedication and attention to detail.

APPOINTMENT

President Shea presented the mayoral appointment of Councilman Cheese to serve on the Sweetwater County Tripartite Board. Councilmember Gilbert moved to approve the appointment. Seconded by Councilman Tate. Motion carried unanimously. President Shea confirmed the appointment.

PUBLIC HEARINGS

Consideration of Amendments to the Budget for Fiscal Year Ending June 30, 2004

There were no comments. Action to be taken under Resolution 2004-174.

PETITIONS

Motorcycle Concerns

Petitioner Debra Hancock-Sears urged council to either enforce motorcycle laws or to erect fencing at the east end of Billie Street for the safety of children playing in the area. Although city engineer Paul Kauchich noted that Billie Street is privately owned with public easements, Mayor Kaumo responded that he and Chief Lowell will try to seek a solution to the problem.

Councilman Porenta added that he has had calls from residents of Overland Drive and Independence Circle concerning motorcyclists who continue to disregard

167

August 17, 2004 city ordinances. He asked Police Chief Lowell to look into the problem, and if a remedy can’t be found, he will favor closing the area to all bike riding.

City Beautification

Councilman Kourbelas recalled one of the goals established at council’s fall retreat was city beautification. To that end he suggested language in city ordinances pertaining to the remedy period following a warning to clean premises be amended. He said the current language is an impediment to enforcement. He suggested in lieu of a 14-day allowance in which to abate a nuisance, a five- to ten-day allowance be imposed. He stated the penalty of six months in jail or a fine up to $750 for failure to comply is not realistic. He encouraged city staff to prioritize complaints to allow timely follow-up to the abatement of the complaints. And if the nuisance is not abated within the specified time period, the city should act to clean up the nuisance at the expense of the property owner.

Councilman Kourbelas moved to amend Sec. 4-206(c) of city ordinances by reducing the notification period from 14 days to 5 days and to amend Sec. 2-101.1 by deleting a jail sentence as a penalty. City Attorney Vince Crow said he would like to research the legalities of nuisance abatement before council takes action to change existing laws. He warned that before the city can go onto private property, it must provide an appropriate notice, an appropriate opportunity to allow the property owner to respond and an appropriate forum to respond. Councilman Kourbelas then amended his motion to allow the attorney to research the notification period as well as penalty fees. Seconded by Councilman Porenta. Mayor Kaumo stressed that the law applies not only to residential and business property, but to city property and rights-of-way as well. Motion carried unanimously.

Traffic Concerns on Cleveland and Jackson Streets

Danella Devries, 912 Plateau Road, presented a petition signed by 34 residents of Cleveland and Harrison Drives and Wilson Way interested in the enforcement of traffic speeds near the Cleveland and Jackson intersection. She said as she was campaigning for the primary election, she was flooded with requests for more stop signs in the area as well as the need to enforce motor bike regulations. Mayor Kaumo informed her that the Youth Council has made recommendations for an ordinance addressing motor bikes, and their recommendations will be presented in the form of an ordinance in the near future. Police Chief Lowell advised that as far as the new pocket bikes are concerned, the Police Department needs a definite set of laws in order to make enforcement possible.

Proposal to Rezone Two Parcels on Adams Avenue/Wyoming Street from R-2 to R-5 (Ord. 04-14)

Petitioner Reneé Robert-Baker, 908 Adams Avenue, protested the rezoning request because the property lies in a residential area. She also said she objects to the intended purpose of placing storage units on the property. Mayor Kaumo informed her that although Ordinance 2004-14 is placed on third reading at this meeting, the applicants, Peter and Patricia Musich, were called from this meeting for a family emergency, and in fairness to them, they should be allowed to speak before a vote is taken. Councilmember Gilbert moved to keep Ordinance 2004-14 on table. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried. Ms. Baker said she will not be able to attend the next council meeting on September 7 and asked if action on the ordinance could be delayed until the September 21 meeting. Her request was granted.

168

August 17, 2004 Weed and Nuisance Ordinance

In reference to the earlier discussion on nuisance violations, Lorna Callas, 825 Bushnell, suggested staff review the Brass Ring Engines v. Town of Superior case in which the town lost.

OFFICERS AND STAFF REPORTS

Councilman Shea moved to accept the Animal Control Report for July, the Health Insurance Fund Recap for July and the financial reports for July. Seconded by Councilmember Gilbert. Motion carried unanimously

COUNCIL COMMITTEE AND BOARD REPORTS

Joint Powers Telecommunications Board

Following a request from Sheriff Gray, Councilman Shea reported that the Joint Powers Telecommunications Board is working with a consultant to determine a cost to hook up existing fiber from the Rock Springs city hall to county offices on C Street and the new jail and from there to existing fiber at county buildings in Green River. Preliminary estimates reveal a savings of approximately $80,000 a year by eliminating T-1 lines and reverting to private, secure internet lines. He hopes to have a report on the cost of hook-ups at the next council meeting.

CORRESPONDENCE

The following correspondence was received: 1. a letter from East Jr. High student, Michael Christensen, regarding methamphetmine use; 2. a notice from Dr. A. L. Barrier of his resignation from the Rock Springs Improvement Foundation; 3. a request from the Sweetwater County Library System Board for their annual appropriation for the Community Fine Arts Center; 4. thank you notes from the Sweetwater County Events Complex, International Day Committee and the Survival Skills Class; and 5. an invitation from Jim Bridger Power Plant/Bridger Coal Company to their 30th anniversary celebration. Councilman Banks moved to accept the correspondence and place it on file. Seconded by Councilman Porenta. Motion carried unanimously.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

ABC Vacuum Warehouse $ 499.98 Bell, Brad 229.17 Ace Hardware 5,331.21 Bennett’s Paint and Glass 105.26 Adamson Industries Corp. 74.95 Bertagnolli, Mackenzie 425.00 Adler, Sadie 18.00 Bil Hatch Window Cleaning 850.00 Advanced Automotive 290.39 Bookcliff Sales Inc. 113.34 Adventure Hardware, Inc. 270.21 Boschetto Apartments 271.00 Allied Glass Service 58.35 Broyhill Company 777.04 Alsco-American Linen 2,780.10 Burdette, Cathy 166.67 Ameri-Tech Equipment Co. 1,968.32 California Contractor Supply 189.50 American Guide Services Inc. 1,080.00 Callas, Michael 325.00 American Red Cross 24.00 Casper Fire Extinguisher Svc 68.00 Archibald, Travis 18.00 Caudell, Mike 18.00 Armor Holdings Forensics 609.00 CDW Government, Inc. 316.97 Arnold Law Offices 840.00 Center Street 66 Service 190.00 Asphalt Services 2,237.00 Chakor Publishing 350.00 Atco International 159.80 Checker Auto Parts 326.32 Atwood, Frieda 37.00 Chemsearch 366.75 Auto Parts Unlimited 1,268.10 City Auto Sales 1,223.17 Barto, Louis 500.00 Cvlinnet Solutions, LLC 600.00

169

August 17, 2004 Colbert, Tony 41.67 McCurtain Motors 53,783.67 Collins, Bruce 33.00 McFadden Wholesale 5,650.83 Concrete Palace 167.00 McGrew, Elwin 157.00 Control Temperature Specialists 304.52 McLeod USA .35 Copier & Supply Co. 14,610.00 Meadow Gold Dairies 413.32 Copyex LLC 141.56 Mission Hockey 439.94 CPS Distributors Inc. 4,590.01 Modern Marketing 623.85 Crider, Duane 359.00 Moore, Bridgette 30.00 Culligan Soft Water Service 114.00 Morcon Specialty Inc. 204.79 Cybex International Inc. 190.50 Mountainaire Animal Clinic 165.00 Dann & Meacham 12,854.86 Mountainland Fire Protection 436.20 Dell 59.50 Municipal Litigation Reporter 514.95 Dept. 30 2200065791 225.62 Myers, Jessica 13.00 Dial Oil, Inc. 13,593.90 National Fire Protection Assoc. 259.45 Digital Select 95.98 Nelson Engineering 23,561.00 Earth Impressions 13.00 Neve’s Uniforms, Inc. 525.15 Easton Sports Inc. 253.31 Newman Signs 477.42 Elder, Cleta 183.00 NRPA Registration c/o Epic 390.00 Electrical Svc & Prod FLLC 4,977.32 Nu-Tech Specialties 1,028.57 Energy Laboratories, Inc. 434.55 Ohana Properties 9.00 Fairmont Supply Co. 41.28 Ohana Properties 234.00 Firemaster Mountain Region 56.09 Orkin Exterminating 103.14 Galls Inc. 1,503.77 Pacific Power & Light 60,990.20 General Electric Supply 1,230.00 Pacific Steel—Recycling 343.86 Gibbs, Rich 193.00 Paisley and Barnes Striping 13,902.90 Giberson, Harold 110.00 Pandalis, John 246.00 Grand Junction Housing Auth 456.00 Performance Overhead Door Inc. 393.85 Grand Junction Housing Auth 30.00 Petty Cash—City Treasurer 111.27 Green River Star 216.00 Piedra, Sindy 105.00 Griffin, Opal 82.00 Pioneer Printing & Stationery 570.98 Gutierrez, Ana Maria 4.00 Pitts, Gail 303.00 Hafey Properties Ltd. 211.00 PM Auto Glass Inc. 184.46 Harris, Albert 500.00 PMS Custom Screen Printing 80.00 Harsha, Brenda 13.00 Postage by Phone 1,300.00 High Desert Landscape 1,056.00 Postmaster 2,180.28 High Desert Polaris 12.99 Prevedel, Amy 40.00 Hilty, Laura 13.00 Prevedel, Amy 10.00 Holdredge, Vicki 27.50 Public Safety Warehouse 134.80 Homax Oil Sales, Inc. 1,083.00 Questar Gas 3,426.85 Housing Auth of Salt Lake City 1,263.00 Questar Infocomm Inc. 440.00 Howard Supply Co. 86.46 Qwest 1,663.08 Imperial Plaza Apartments 86.00 R.T. Rentals 238.00 Imperial Plaza Apartments 467.00 Ray, Wechonhpecala 37.00 Indo-American Engineering 2,309.34 Red Oaks Concepts 486.48 Intermountain Record Center 41.30 Respond First Aid Systems 668.28 Inventory Trading Company 65.25 Rhino Linings 365.00 J&S Enterprises 240.00 Robin Burns Enterprises, Inc. 872.00 JFC Engineers, Architects 17,396.30 Rock Springs IV Center 214.87 Jim’s Upholstery 130.00 Rock Springs Municipal Util 57,000.22 JM Electrical Services 211.05 Rock Springs Windustrial 602.81 Johnstone Supply 257.24 Rock Springs Winnelson Co. 2,188.05 Joint Powers Water Board 379,461.56 Rocky Mtn Turf & Ind Equip. 842.97 Justice Systems, Inc. 13,960.00 Ron’s Ace Rental 2,173.51 Kaman Industrial Technologies 404.94 Rost, Marlene 11.00 Kepner Co. 2,384.00 RS Little League Baseball 200.00 Kone Inc. 310.25 Ruiz, Amanda 25.00 Kopy Korner 47.91 Salgado, Cindy 17.00 Kumpula, Donald 13.00 Salt Lake City Housing Authority 30.00 L&L Rentals 485.00 Salt Lake Co. Fleet Mgt. 21,000.00 Lay, Walter 309.00 Sander, David 32.42 Layos Inc. 1,430.42 Saunders, Heather 25.00 Lewis & Lewis Inc. 56,008.04 Schaumberg Park District 458.40 Lexisnexis Matthew Bender 518.10 Sears Commercial One 21.89 Macy’s Truck Repair 89.75 Shahan Weed & Pest Control 1,137.50 Majhanovich, Richard 364.00 Shantz, Norman 87.00 Mark W. Gifford, Esq. 2,005.69 Shaw, L.S. 500.00 Marsh, Heather 166.67 Sherwin Williams 5,331.64 Martel Electronics, Inc. 60.75 Shoshone Distributing Inc. 199.32 Martinez, Melissa 37.00 Sisneros, Maria 18.00 Mary E. Miller & Associates 91.00 Six States Distributors 59.14 Matthew Bender 1,840.05 Skips Tire 40.00

170

August 17, 2004 Skyline Property Group, LLC 409.00 Sloan, Milissa 13.00 Southwest Machine & Weld 1,300.00 Southwest Wy Wool Warehouse 70.75 Standard Batteries of SLC 79.89 State of Wyo. 16.00 Strategic Supply 3,105.07 Stromberg, Violeta 18.00 SWEDA 50.00 Swedlund, Mitch 166.67 Sweetwater Co. Health Dept. 200.00 Sweetwater Co. Library System 30,000.00 Sweetwater Co. Treasurer 48.21 Sweetwater Ford 307.99 Sweetwater Heights 174.00 Sweetwater Heights 323.00 Sweetwater Heights 302.00 Sweetwater Plumb & Htg. 19.70 Sweetwater Trophies 410.00 Tarufelli, Lisa 125.00 Taylor Made Golf Co., Inc. 5.82 Thatcher Company 656.90 Thelen, John 263.85 Tip-Top Cleaners 17.00 Titleist 1,034.45 Tri Air Testing, Inc. 434.80 U.S. Tech 272.80 United Parcel Service 44.87 United States Welding Inc. 16.99 Vaughn’s Plumbing 493.44 Viking Office Products 59.75 WAACO—Wyo Assoc 60.00 WAMCO Lab, Inc. 175.00 Water Warehouse Commercial 198.91 Webster Veterinary Supply, Inc. 149.88 Wells Fargo Card Services, Inc. 1,398.05 West Group Payment Center 1,610.29 Wheatland Fire Equipment Co. 23.09 Whisler Chevrolet Co. 136.06 Wilkinson, Kimberly 25.00 Wylie Construction Inc. 3,164.63 Wyo Dept. of Environ Quality 200.00 Wyo Dept of Revenue & Taxation 1,137.35 Wyo Dept of Transportation 24,522.55 Wyo. Environmental Services, Inc. 2,129.14 Wyoming Historical Society 92.25 Zep Mfg Co. 751.00 Total $914,138.41

171

August 17, 2004

Report Checks for August

AFLAC Employee Premiums $ 1,703.22 Highmark Life & Casualty Empl;oyee Premiums 1,386.00 Equitable Life Employee Deferred 725.00 ICMA Retirement Corp Employee Deferred 8,006.15 Great-West Life & Annuity Employee Deferred 3,971.00 AFSCME Local #1004 Employee Dues 24.75 Colonial Life & Accident Employee Premiums 88.72 Wyo Child Support Enforcement Child Support Payments 4,590.02 State of Idaho Child Support Child Support Payments 249.00 RS Firefighter Assn #1499 Employee Dues 1,102.00 Sweetwater County Court Employee Garnishments 128.34 U.s. Dept of Education Employee Garnishments 380.59 RS City Treasurer Employee BCBS Reim 17,656.45 NCPERS Group Life/Prudential Group Life Employee Deductions 801.00 New York Life Insurance Employee Premiums 86.46 RS Police Protective Assoc Employee Dues 370.00 UMWA/OAW Local #4893 Employee Dues 1,012.34 United Way of Swtr Co. Employee Deductions 233.70 Waddell & Reed Financial Svcs Section 529 Plan 100.00 Wyo Retirement System Fire Benefit Cty/Emply 24,728.77 Wyo Workers Comp Employee Benefits 29,109.44 Wyo Workers Comp Work Restitution Workers 76.89 Wyo Retirement System Employee Benefits 50,969.27 Wyo Retirement System Law Enforcement 40,317.84 Swtr Federal Credit Union Employee Deductions 50,302.91 Internal Revenue Service Electronic Fund Transfer 135,112.29 Department of Employment Unemployment Claims 828.31 Total $374,060.46

August 5 Salaries $617,448.35

Councilmember Gilbert moved to approve the bills and claims for August 17 and the August 5 salaries. Seconded by Councilman Porenta. Motion carried unanimously.

NEW BUSINESS

Councilman Porenta moved to approve a request from the Department of Engineering and Operations to purchase a used sidewalk sweeper. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Banks moved to approve a request from the Police Department to purchase a 2003 Ford Explorer from Salt Lake Fleet Management. Seconded by Councilman Horn. Motion carried unanimously.

Councilmember Gilbert moved to approve a request from the Department of Public Services to fill an equipment maintenance supervisor position following the retirement of Elmer Dimick. Seconded by Councilman Kourbelas. Motion carried unanimously.

Councilman Shea moved to approve a request to call for bids for Comprehensive General Liability and Boiler Insurance for Public Housing. Seconded by Councilman Banks. Motion carried unanimously.

Councilman Horn moved to approve a request from Black Rock, Inc. for a liquor catering permit for a mine rescue banquet on August 27 at the events complex. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilmember Gilbert moved to approve a request from Good Times, Inc. for a parking lot party on August 28 at the Gateway Liquors parking lot. Seconded by Councilman Shea. Motion carried unanimously.

RESOLUTIONS

Resolution 2004-136 remained tabled.

Councilman Tate moved to removed Resolution 2004-148 from table. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Gilbert, Banks and Mayor Kaumo. Motion carried. Resolution 2004-148, A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF ROCK SPRINGS, WYOMING, AND THE WYOMING SUPREME COURT, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilman Horn moved to approve Resolution 2004-136. Seconded by Councilman Porenta. Upon roll call the following voted in opposition: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion defeated.

Resolution 2004-169, A RESOLUTION ACCEPTING AND APROVING A PROFESSIONAL SERVICES AGREEMENT WITH TEC, THE ENGINEERING CO., IN THE AMOUNT NOT TO EXCEED $1,380,590, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Horn asked if TEC is aware of the city’s view on change orders. Director of Public Services Vess Walker replied that they are. Councilman Horn then moved to approve Resolution 2004-169. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-170, A RESOLUTION ACCEPTING AND APPROVING A MUTUAL RELEASE AND SETTLEMENT AGREEMENT WITH WESTERN MUNICIPAL CONSTRUCTION COMPANY, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Porenta moved to approve Resolution 2004-170. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-171, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT FOR PROFESSIONAL SERVICES WITH JFC, FOR THE BROADWAY BEAUTIFICATION PROJECT FINAL PHASE, was read by title. Councilman Cheese moved to approve Resolution 2004-171. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, and Gilbert; abstained: Mayor Kaumo. Motion carried.

Resolution 2004-172, A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF ROCK SPRINGS, WYOMING, AND JUSTICE SYSTEMS, INC., AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY,

173

September 7, 2004 was read by title. Councilman Tate moved to approve Resolution 2004-172. Seconded by Councilman Horn. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-173, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO ACCEPT A GRANT AGREEMENT FOR FEDERAL GRANT PROJECT NO. 3-56-0025-19 FROM THE FEDERAL AVIATION ADMINISTRATION FOR A PROJECT AT THE ROCK SPRINGS-SWEETWATER COUNTY AIRPORT, was read by title. Councilman Kourbelas moved to approve Resolution 2004-173. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-174, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO ACCEPT AND APPROVE A BUDGET REVISION TO THE BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2004, was read by title. Councilman Kourbelas moved to approve Resolution 2004-174. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-175, A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF VETERANS PARK SUBDIVISION AS A SUBDIVISION IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, SUBMITTED BY RESOURCE INDUSTRIES, COVERING A 7.902- ACRE TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilmember Gilbert moved to approve Resolution 2004-175. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, and Shea; abstained: Mayor Kaumo. Motion carried.

Resolution 2004-176, A RESOLUTION ACCEPTING AND APPROVING A MOBILE CONCESSION STAND RENTAL AGREEMENT WITH THE ROCK SPRINGS YOUNG AMERICA FOOTBALL LEAGUE, INC., AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING TO EXECUTE SAID RENTAL AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilman Cheese moved to approve Resolution 2004-176. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-177, A RESOLUTION AUTHORIZING NATIONWIDE RETIREMENT SOLUTIONS “NATIONWIDE” DEFERRED COMPENSATION PROGRAM TO OFFER A DEFERRED COMPENSATION PLAN TO THE EMPLOYEES OF THE CITY OF ROCK SPRINGS THROUGH PAYROLL DEDUCTION, was read by title. Councilman Tate moved to approve Resolution 2004-177. Seconded by Councilman Kourbelas. Upon roll call the

174

September 7, 2004 following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-178, A RESOLUTION ACCEPTING AND APPROVING A LOCAL LAW ENFORCEMENT BLOCK GRANT, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID GRANT DOCUMENTS ON BEHALF OF SAID CITY, was read by title. Councilman Cheese moved to approve Resolution 2004-178. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

ORDINANCES

Ordinance 2004-14 remained tabled.

Ordinance 2004-15, AN ORDINANCE AMENDING SECTION 804 OF THE PERSONNEL POLICIES AND PROCEDURES OF THE CITY OF ROCK SPRINGS, WHICH SECTION PERTAINS TO VACATION, was placed on third reading and read by title. Councilman Kourbelas moved to approve Ordinance 2004- 15. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 8:56 p.m.

XX16a

City council met in special session on August 24, 2004. Mayor Kaumo called the meeting to order at 5:15 p.m. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo. Department heads present included Vess Walker, Brad Sarff, and Colleen Peterson.

RESOLUTIONS

Resolution 2004-179, A RESOLUTION AUTHORIZING TIMOTHY A. KAUMO, ACTING IN HIS CAPACITY AS CHAIRMAN OF THE BOARD FOR THE ROCK SPRINGS HOUSING AUTHORITY TO ACCEPT A CAPITAL FUND PROGRAM AMENDMENT FOR THE FISCAL YEAR 2004 FOR THE PURPOSE OF RECEIVING $217,744.00, AND AUTHORIZING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO EXECUTE THE CAPITAL FUND PROGRAM AMENDMENT, was read by title. Councilman Kourbelas moved to approve Resolution 2004-179. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-180, A RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION TO THE STATE LOAN AND INVESTMENT BOARD FOR A LOAN THROUGH THE STATE REVOLVING FUND ON BEHALF OF THE GOVERNING BODY FOR THE CITY OF ROCK SPRINGS, WYOMING FOR THE PURPOSE OF WASTEWATER TREATMENT PLANT EXPANSION, was read by title. Councilman Horn moved to approve Resolution

175

September 7, 2004 2004-180. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 5:19 p.m.

XX17

City council met in regular session on September 7, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson.

Councilman Shea moved to accept the amended agenda. Seconded by Councilman Kourbelas. Motion carried unanimously.

Councilmember Gilbert moved to approve the August 17 minutes and the August 24 special council meeting minutes. Seconded by Councilman Shea. Motion carried unanimously.

COMMENDATION

Mayor Kaumo presented a plaque to Kathy Kumer on behalf of her daughter Kimberly Kumer who is serving in the armed forces during Operation Iraqi Freedom. He asked Mrs. Kumer to relay appreciation to Kimberly from the citizens of Rock Springs for her service.

BID OPENINGS

2005 Concrete Replacement Phase I

Oakridge Development, Inc. Rock Springs $257,046.00

Landscape Equipment for Parks and Golf Course

Rotary Greenmaster Trade-In for Mower Mower Trucksters Trucksters Rky Mtn Turf & Indus. Equip $16,750 No Bid $29,000 $400.00 Salt Lake City Lathrop Equipment Co., Casper 17,972 No Bid 31,602 800.00 Turf Equipment & Irrigation, No Bid 31,565 No Bid N/A Midvale, UT

Second Street Water-Sewer Upgrade

(Note: *The bid submitted by GM Stewart Corp. was inadvertently opened and read under the 2005 Concrete Replacement Phase I bid category.)

Patrick Construction Lander $148,925.00 GM Stewart Corp.* Evanston 308,600.00

All bids were accompanied with bid bonds. They were referred to respective department heads for review and recommendation at a future council meeting.

176

September 7, 2004

PRESENTATION

BLM Geophysical Project West Flank 3D

Shelly DeVoss representing the Bureau of Land Management office announced that on June 2 the Rock Springs office received a notice of intent to conduct geophysical operations on federal and private land around the Rock Springs city area. She distributed maps showing the project area. She said BLM sent the scoping notice to over 200 parties on July 9 followed by a 30-day time period for comments and input. She reported that nine comments were received, all of which have been incorporated into the environmental assessment. On July 22 two public meetings were held at the local BLM office at which there was low turnout.

Ms. DeVoss said she asked to present this geophysical project information at this meeting in an effort to better inform the public. She explained there are three different methods to project sound waves in order to get an image of what is beneath the subsurface: 1. viber-size trucks; 2. buggy drilling, which uses a different type of truck to drill a hole and drop a low-level explosive in order to get a sound vibration; and 3. heliportable drilling, which uses a drill mounted on a helicopter attached to a tripod and placed in a location where a vehicle cannot sit to drill holes. It was noted this procedure was performed on the west side of White Mountain about three years ago. Ms. DeVoss informed council that holes would be drilled in mid-September prior to shot work.

PUBLIC HEARINGS

Request to Rezone a 14,000 s.f. Parcel from R-2 (Low Density Residential) to B- 3/CD (Central Business/Conditional District) Filed by David A. Hampton and Michael D. Newman

George Lemich, attorney for the Leonard Hay Living Trust, Trustees Susan and Mary Hay, as well as for David Hampton and Michael Newman, the petitioners who are attempting to purchase Block 1 and 2 of Lot 14 of the Original Town of Rock Springs, informed council the property is currently zoned R-2. The request is to change it to a B-3 conditional or parallel use. He said the request would make the property consistent with the City’s Master Land Use Plan.

Mr. Lemich explained that this request has gone before the Planning and Zoning Commission on two occasions. The first time the petitioners requested a general B-3 designation. Opponents from the neighborhood expressed reservations about an unrestricted B-3 designation within that area although other properties in the area bear the B-3 designation. The petitioners then withdrew that application and voluntarily entered a B-3 conditional parallel use designation consistent with Sec. 13-909 of city ordinances. By changing their application, the petitioners guarantee the neighbors and adjoining landowners that the use would be for an office environment to be maintained in a manner consistent with the neighborhood.

Mr. Lemich said the redesign of the building would encompass the historical significance of the Blair/Hay house. In fact, he said one of the reasons this location was selected by the law firm is to honor Frae Hay, wife of Leonard Hay and one of the first female attorneys in the state of Wyoming. He said the restoration architect, Allen Roberts, has an extensive background in restoring buildings to attractive, functional facilities. Although a B-3 designation does not require off-street parking, the law firm will provide from 12 to 19 spaces on their lot depending on the amount

177

September 7, 2004 of green area maintained. The design has the entry to the parking lot facing Second Street with the entrance to the law office facing A Street.

Councilman Shea asked if there is anything that precludes the restored building from returning to a residence. Mr. Lemich answered that to do so would require an affirmative vote from the planning and zoning commission and council. He explained that B-3 designations are unique to the downtown area according to the Master Use Plan. And under conditional parallel use restrictions, any future changes are constrained unless specifically noted on the petition.

The following proponents and opponents of the proposal were heard:

Karla McAffee, 110 Pine Street, spoke in favor of the zone change. She said as a small business owner she has shared office space with the petitioners for the past three years. She maintained the amount of traffic to their office would not be harmful to the catholic school.

Alerica Martin, parent of a child in the catholic school, and on behalf of school principal Sister Lucia Daluz and other students, expressed opposition to the rezone. She stated that after the petitioners’ first request failed to pass the planning and zoning commission, the second request comes to council only after a tie-breaker vote. She contended the rezone poses a safety issue to the school children. She said according to letters, calls and Emails received at the school, the majority is opposed to the rezoning. She said students are driven to and from school individually since there is no bus and traffic is congested during those times. Mr. Lemich noted the law office hours do not coincide with the school hours. He further noted that although the petitioners practice some general law and litigation, the majority of their clientele have personal injury claims, the type of claims that do not require excessive amounts of face-to-face consultation. Councilman Kourbelas noted that council must look beyond the specific use proposed by the petitioners and consider other uses indigenous to a B-3/CD should the building change ownership in the future.

Pete Delaurante, lifelong resident of Rock Springs, and parent of a child in catholic school, spoke in favor of the rezone. He opined that the law office fits the neighborhood and would be an improvement to the city. He feels the investment presented by the law firm is forward looking and the office location would not pose an additional traffic problem.

Adele Bertagnolli, representing herself and area neighbors, spoke in opposition to the rezone. She said her response to those who ask why she is opposed to the rezone is, “Would you want it next door to you?” adding that most of those in favor of the rezone do not live in the neighborhood. She asserted that the historic, fragile neighborhood should remain as is. She said the rezone will not only impact property owners, but apartment dwellers as well. She also fears for the safety of students at the catholic school who already struggle with the congestion caused by J & J Sports on A Street as well as traffic from Blair Avenue to Second Street. She clarified that she and her neighbors at no time indicated they would be in favor of the rezone if the conditional use was attached. Ms. Bertagnolli called attention to the petition signed by 24 area residents and approximately 25 residents from other areas who oppose the rezone.

Ms. Bertagnolli further stated that several years ago Mr. and Mrs. Leonard Hay and their neighbors were successful in keeping Second Street from being converted to a thoroughfare. And in the same vein, 95% of the area residents are opposed to this change. She appealed to council to honor their wishes since the rezone will not benefit the city as a whole. She stressed that the neighbors are not opposed to anyone making a livelihood, but they feel there are better locations for this business. In response to Mayor Kaumo’s question if Ms. Bertagnolli has equal concern about traffic and rezoning, she said she sees traffic as a lesser issue.

178

September 7, 2004

Councilman Kourbelas asked Mr. Lemich what the wishes of the present owners are. Mr. Lemich answered that both Mary Hay and Suzy Hay Bell are in favor of the law offices in keeping with their mother’s profession and consistent with the entrepreneurial setting from which their father conducted most of his business. Suzy Bell Hay, 2905 Ute Street, Canon City, CO, said both she and her sister are strongly in favor of the rezone and feel deeply that citizens of Rock Springs would benefit greatly from the restoration of this 120-year old house. She suggested it be placed on the walking tour as a fine example of Rock Springs architecture. She continued the law office would be a tribute to her mother by housing her memorabilia as well as that of her mother’s father, C.R. Ellery, the originator of the Green River ordinance.

Les Henderson, 317 College Lane, and landlord of an accounting office at 220 B Street, the back of which faces the Hay property, spoke in favor of the rezone. As a former resident at 220 B Street, he feels traffic on A Street has always been an issue, but feels traffic at the law office will not significantly add to it. Judging from his accounting practice, he assumed most business would be handled by telephone and Email. He said his preference for the property would be that it be sold to the Catholic Church for their use as a parking lot, but since that is not going to happen, he warned the neighbors to be careful what they wish for. He said if a person with different ideals purchases it, the garage could easily store equipment, boats and vehicles that would be far less appealing than a law office.

Mauren Greminger, 107 Second Street, spoke in favor of the rezone. She said the location is ideal for this kind of business and she does not feel it will impact the neighborhood any more than Mr. Hay’s business did, and it is almost guaranteed to look nice.

Christine Adams, 204 Adams Avenue, spoke in favor of the rezone. She said as a former student of Holy Spirit Catholic School she has utmost respect for the school and its teachers, but feels that the rezone will not have a bearing on the traffic at the school since the entrance to the parking lot will face Third Street.

Dennis McAffee, 110 Pine Street, spoke in favor of the zone change. He said as fathers themselves, neither lawyer would place the safety of children at the school in jeopardy. And although change is difficult, he felt this change would be good for the neighborhood.

Ms. Bertagnolli said a nurse practitioner whose offices are located on Second Street is moving her practice because of lack of parking at that location. She further stated it is her understanding that if this rezone does not go through, the house will be sold to a Hay family member, which she highly favors. Or, she said several neighbors would be willing to purchase it and maintain it as rental property.

Doug Garrick, 48 Third Street, said he is concerned about the future use of the lot should this rezone be approved, and he is also concerned that the Second Street extension may again be pursued.

Don Schramm, 422 Lewis Street, a retired civil engineer with training in traffic management, said this request does not pose a problem as far as increased traffic. He said to rebuff the request on that basis would be unfortunate.

Jack Brown, 98 Second Street, said he is not as concerned with the present request as with what it can become in the future. He said he too worries that with the Second Street extension still on the Master Use Plan, the area may become classified as a business district with broader implications and feels that is the major concern of area residents. Councilman Shea noted that at the present time the city has no plans to extend Second Street. He said eight years ago council voted against extending the street from the high school to Blair, and he believes that thinking will hold.

179

September 7, 2004

(Note: Six letters addressed to city council were placed on file in support of the zone change.) There were no other comments. Action to be taken following three readings of Ordinance 2004-16.

Request for Preliminary Development Plan approval for Knotty Pine Estates subdivision Filed by Brian Marincic

There were no comments during this public hearing. Acting to be taken under Resolution 2004-181.

Request to Rezone 300± Acres from R-1 and R-2 (Low Density Residential) to B-2 (Community Business Zone) and R-5 (High Density Residential) Filed by G.S. Lyman

Clay Baird, civil engineer with UESI, stated that he has been hired by the petitioner to review this rezoning plan and possibly revise it and begin again. Councilman Horn commented that the petitioner has begun roadwork opposite Wind River Drive, but they have done so without getting city permits. In addition, he said excessive dust is being raised, and warned that many people are opposed to the rezone. Mr. Baird stated that his clients gave Castlerock Construction permission to use their property as a staging area for their construction work without permission from the city. He said he will discuss the issue with his client.

Anita Bennett, 1030 Ford Circle, said the petitioners have asked that their request be tabled, and she wanted to know how long it can be left on table, and whether they can come back to council with a different proposal. Director of Public Services Vess Walker answered that if their proposal contains a redesign, it cannot be tabled, but rather must be resubmitted to P&Z. Ms. Bennett said if the proposal comes back for rezone to a commercial designation, she will oppose it because of traffic congestion on Stagecoach Drive. Mr. Baird said although he has not had a chance to discuss a new proposal with his client, he wants to be aware of obstacles before plans for a redesign are discussed.

Dennis Doncaster, 2030 Arthur Avenue, also expressed concern about traffic congestion on Stagecoach Drive and the impact more commercial property would have not only on the residential streets, but also at the intersection with Elk Street.

Bruce Macy, owner of commercial property on Stagecoach Drive, asserted that conceptually arterial and collector streets were initially designed to handle commercial traffic. He also apprised that with limited interstate accesses, commercial traffic is forced to access any street that will lead them to their destinations whether it be through residential or commercial neighborhoods. He said as the city continues to restrict building in areas easily accessed from the interstate and moves those areas deeper into residential areas, commercial traffic has no other choice than to travel through areas. He advised that when the Master Plan was adopted in 1983, all areas were brought in at the most restrictive level of R-1 so that each request for commercial properties would have to be decided individually. Residential contractors then built closest to city services since that was least expensive for them. But by doing that, commercial property was forced further away from commercial areas to areas that were difficult to get rezoned. He warned that something needs to be done to correct the problem before it gets worse. Mayor Kaumo agreed that past planning has affected present needs and better planning must take place going forward. Mr. Doncaster stated areas between the White Mountain Mall and Cruel Jack’s as well as other areas are still available for commercial business whereas other areas need massive reorganization.

180

September 7, 2004 Councilman Kourbelas countered Mr. Macy’s statements noting that the Master Plan devised in 1983 was drafted by a consultant, garnered public input and was adopted by resolution. He said the plan included both industrial and commercial areas along with residential areas in a manner in which none of the areas compromised the other. He said from the beginning it was understood the plan would need review and future amendments. He stated that in the case under discussion, the rezone request requires an amendment to the Master Plan. However, four statements of fact must be met to change the Master Plan. He said the requested change fails to meet one of these conditions, which is that it must not adversely impact existing uses because of increased traffic. Mr. Macy maintained that the reason the Master Plan was adopted was to satisfy a federal government mandate in order for the city to be eligible for grants and loans. Councilman Kourbelas said he disagrees with the perception that council is attempting to move business to the middle of nowhere when it seeks to get proper buffering between commercial, industrial and residential zones. He said the Rock Springs Land Use Plan Planned Use Policy Statement states the plan was created based on prevailing needs, existing development patterns, underlying zoning, consideration of both natural and mandated constraints, and opportunities for development and accepted planning practices. He said that is a far cry from adopting the plan simply to satisfy the feds. Mr. Macy insisted the federal mandate was the reason for the Land Use Plan; hence the reason for two planning maps used by the city. He said petitioners requesting zone changes who are unaware of this are forced to go through the Planning & Zoning process twice. Mayor Kaumo noted city staff is working to eliminate the dual plans, and the city is also working with the county to arrive at a single master plan. Action on the rezone request hinges on petitioner’s decision to move forward.

Proposed Use of Local Law Enforcement Block Grant ( LLEBG) Funds

There was no input during this public hearing.

PETITIONS

Parade Route

Christine Adams, member of the Rock Springs High School student council, requested street closures for the homecoming parade on September 30. She said this year’s parade will include participation from the community as well as high school students. Mayor Kaumo directed Ms. Adams to consult with the Police and Fire Departments regarding the details of the parade route.

Three-Way Stop Sign

On behalf of property owners on Arthur and Madison Avenues, Councilman Horn presented a petition requesting three-way stop signs at the intersection of Arthur and Monroe Avenues. He said traffic is creating a hazardous situation for children living in the area. Mr. Kauchich said staff is conducting speed studies in that location, and although speeds do not appear to be excessive, stop signs would make travel inconvenient and may divert some traffic. Councilman Horn moved to place three-way stop signs at the intersection of Arthur and Monroe. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried. Mayor Kaumo also asked Mr. Kauchich to place stop signs on certain streets in Dry Creek Subdivision that are currently unmarked.

OFFICERS AND STAFF REPORTS

181

September 7, 2004 Councilman Horn moved to approve the Animal Control Report for August and the Local Bar Report for the period July 1, 2004 to July 26, 2004. Seconded by Councilman Banks. Motion carried unanimously.

COUNCIL COMMITTEE AND BOARD REPORTS

Police Civil Service Commission

Councilman Horn recognized John Evanoff, who will be moving from Rock Springs and has given notice of his resignation from the Police Civil Service Commission. He said along with his devotion to the civil service commission, Mr. Evanoff has also been instrumental in the senior citizens’ quest for a new center. Mayor Kaumo said John has been a great asset to the city and will be missed.

City Support Signs

Councilman Banks noted the popularity of Rock Springs Proudly Supports This Project signs that are placed by the city at sites of new construction after a building permit is obtained. He said individual business identification bands are being requested to attach to the signs. Mayor Kaumo said staff will look into that.

Walmart Fence

Mayor Kaumo noted that Walmart plans to construct a fence along their property at Gateway Boulevard to keep debris from scattering.

Methamphetamine Workshop

Mayor Kaumo announced a meth initiative workshop is scheduled for September 13. Parameters of incorporating drug abuse penalties into city ordinances will be one of the topics.

CORRESPONDENCE

The following correspondence was received: 1. a letter from the Young America Football League thanking the city for maintaining excellent ball fields; 2. a note from Glenn Sugano, Solid Waste of Sweetwater County, thanking the mayor for speaking at the WSWRA convention; 3. a request from Cowboys Against Cancer for corporate sponsorship of its fundraising drive; 4. a note from SWEDA Board of Directors thanking the city for investing in SWEDA; 5. a letter from Robert Malonek alleging discrimination in the City’s call for firefighter applicants; 6. a letter from Geraldine Nutter expressing dissatisfaction with local motel accommodations; 7. a letter from Karla Roich and an attached article on the regulation of motorized scooters and mini-motorcycles; 8. a draft copy of Unified Development Code for Sweetwater County from Sweetwater County commissioners; 9. a letter from Wyoming Office of Homeland Security thanking the City for hosting the upcoming Region 4 WMD response team; and 10. letters from the Rock Springs Chamber of Commerce, Sweetwater County Events Complex and the Rock Springs Public Library requesting budgeted appropriations.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

A to Z Copier Service $71.80 Ace Equipment Co. 60,495.00 A&G Plumbing 110.00 Acker, Michael 10.00 Able 2 Products 79.64 Advanced Automotive 143.50

182

September 7, 2004 Alarm Control Systems 8,860.00 Foot Joy 842.76 Allied Glass Service 190.67 Forster, John & Shaunna 20.31 Alpine Office Supply 796.43 Galls Inc. 1,324.66 American Cemetery Supplies 43.15 Grainger, Inc. 98.34 American LaFrance 498.72 Hanson, Mike 58.27 American Planning Assn 195.00 Hanson, Randy 40.28 American Public Works Assn 118.00 High Desert Polaris 364.97 American Red Cross 108.00 High Security Lock & Alarm 238.50 Animal Care Center 20.79 Highmark Life Insurance Co. 767.61 Arambel, Pete 14.11 Hillerich& Bradsby of Canada 350.64 Arnold Law Offices 825.00 Homan, Nissa & Robert 9.45 Asphalt Services 10,728.00 Horrocks Engineers, Inc. 5,203.71 Baker, Brenda 32.03 Humble, Harvey or Marie 60.83 Bateman, Frank & Linda 6.56 Hummingbird Glass Repair 115.00 Bauer Nike Hockey USA 715.10 Hunter Family Medical Clinic 170.00 Bazzanella, Anna 1.28 Indo-American Engineering 1,000.00 Bicentennial Apt Village 22,132.00 Infinity Power & Controls 410.00 Big W Supplies 26.37 Intermountain Golf Cars, Inc. 71.14 Blackjack Towing Recovery 110.00 Intermountain Slurry Seal 2,779.33 Bloedorn Lumber 870.68 J&S Enterprises 240.00 Boschetto, Louis/Sibyl Love 4,725.71 Jackman, Kurt 20.47 Bowman Distribution 260.98 James E. Phillips, P.C. 2,887.50 Boyce, Ronald E. .34 JFC Engineers, Architects 6,572.56 Boyle Equipment Company 122.15 Jim’s Upholstery 110.00 Cabela’s 631.95 Jirdon Agri Chem Inc. 614.21 Capital Cleaners 605.00 Johnson, Paul 42.23 Caro, Ignacio & Martha 71.51 Johnstone Supply 30.86 Carrier Realty 10.58 Jones, Robert R or Traci 8.52 Castillon, Eric or Nicole 12.06 Kiefer Aquatic 391.31 Center Street 66 Service 155.00 Kiggins, John 35.98 Checker Auto Parts 513.54 Kim, Mi Hye 17.50 Chemsearch 197.25 King Environmental Products 284.50 Cit Group/Commercial Svc 40.94 Knudsen Asphalt Maint 2,443.21 City of Rock Springs 192,319.00 Kopy Korner 239.61 Communication Technologies 10,898.50 L & S Construction 178.82 Compumaster 994.00 L.N. Curtis & Sons 53.13 Control Temperature Spec 487.91 Lakeside Equipment Corp. 168.00 CPS Distributors Inc. 6,337.06 Layos Inc. 2,163.52 Crum Electric 4,321.15 Lewis Tree Service 310.00 CSUS Foundation Inc. 85.00 Lyon Network Services 1,172.50 Cummins Intermountain 69.69 M & N International 39.19 Cummins, Diane 3.14 Macy’s Truck Repair 156.11 Cyclo Tool Makers 71.35 Marchetti Jr., Fred D. 44.51 Dann & Meacham 17,840.68 Martel Electronics, Inc. 485.31 DeBernardi Construction 13,398.97 Maxwell, Don 19.75 DeBernardi Construction 24,751.91 May, Robin H. 36.38 DeBernardi Construction 9,747.03 McBee, Christy 10.58 DeBernardi Construction 533,187.43 McCament, Lester 12.96 Dell 6,999.52 McFadden Wholesale 3,801.19 Dept. 30 85.98 McJunkin Corporation 10.15 Derrick, Scott or Kandi 16.23 McLeod USA 771.56 Dex Media East LLC 15.21 Memorial Hospital Swtr. Co. 397.95 Digital Select 156.93 Mid American Specialties 508.02 Easton Sports Inc. 486.96 Miracle Recreation Co. 211.41 Eighty-Four Lum Ind Accts 120.00 Mission Hockey 774.04 Eisinger Smith 175.09 Moore, Paul & Wendy 62.75 Electrical Service & Products 2,135.13 Morrison, John 350.00 Emergency Medical Prod. 454.10 Morrison, O’Neil 43.33 Engineering Co. 32,042.42 Mortensen, Rick 23.18 Equifax Credit Information 64.35 Mountainaire Animal Clinic 90.00 Fedex 20.43 Mountainland Fire Protection 978.54 Ferrero Electric 953.60 Natl Arbor Day Foundation 15.00 Finer Cleaners 45.36 Nat’l Fire Codes Subscription 695.00 Fitness Wholesale 171.40 National Rec & Parks Assoc 230.00

183

September 7, 2004 Nelson, Bob 120.00 Swtr Co Library System -30,000.00 Neve’s Uniforms, Inc. 36.50 Sweetwater Pbg & Heating 49.54 New Pig Corporation 111.73 Sweetwater Sounds 350.00 New Studio 51.29 Sweetwater Trophies 144.00 Newman Signs 269.89 Sweetwater TV Co Inc. 209.48 Nickel Ridge Portables 1,732.50 Tabuchi, Doug 25.00 Northwest Mfg & Dist 5,700.00 The Wyo Business Report 514.97 Nu-Tech Specialties 1,716.00 Thompson, Ron 15.13 O’Malley, Richard 1.88 Tire Den Inc. 1,800.70 Oakridge Development, Inc. 40,475.22 Titleist 1,623.37 Orkin Exterminating 208.00 Tom’s Wyoming Glass 16.00 Pacific Power & Light 45,583.06 U.S. Tech 700.90 Page, Leo & Amy 35.35 UBTA-UBET Communica 104.19 Paper Direct 113.91 United Parcel Service 117.42 Performance Overhead Door 281.95 United Reprographic Supply 95.00 Phone Directories Company -168.00 United States Welding Inc. 127.40 Ping 1,787.77 US Specialty Coatings 739.00 Plummer, Deborah 150.00 VanValkenburg, Steve 26.83 Postcards as Art 65.00 Varras, Katherine 20.71 Postmaster 2,191.20 Vaughn’s Plumbing 934.24 PowerPhone, Inc. 378.00 Vehrs, J Eric 24.26 Prop Rider Inc. 1,962.00 Verizon Wireless 2,387.53 Pro-Shade 600.00 Walmart Community 2,542.47 Public Safety Warehouse 4,077.94 Wamco Lab, Inc. 400.00 Questar Gas 4,701.86 Water Environment Fed 196.00 Qwest 5,618.59 Webb, Regina 150.00 Radioshack Corporation 6.38 West Group Payment Center 1,123.54 Rainey, Sue 34.28 Western Municipal Const 151,006.17 Ray Allen Mfg Co., Inc. 279.95 Wheatland Fire Equip Co. 4,112.61 Real Kleen Inc. 181.08 WIAAI 110.00 Red Horse Oil 165.00 Williams, Penny 150.00 Red Oaks Concepts 2,414.20 Wolverine Distributing 461.20 Robins, Laprele 54.67 WRPA 2004 Conference 110.00 Robinson, Clark 22.47 WRPA 2004 Conference 545.00 R.S. Chamber of Commerce 9,062.50 WRPA 2004 Conference 230.00 Rock Springs Library 25,000.00 WRPA 2004 Conference 335.00 Rock Springs National Bank 1,977.04 Wyo Dept of Revenue & Tax 1,730.69 Rock Springs Newspapers 7,606.67 Wyo Rec & Parks Assoc 30.00 Rock Springs Recycling Ctr 3,750.00 Wyoming Com LLC 574.75 Rocket Sanitation 180.00 WyoFinancial Insurance, Inc. 9,225.00 Rocky Mtn Info Network 150.00 Wyoming Machinery 456.80 Rocky Mtn Service Bureau 68.30 Wyoming Medical Center 6.00 Sabol & Rice Inc. 94.91 Wyoming Overhead Doors 1,440.69 Schaeffer’s Mfg Company 1,449.37 Young Electric Sign Co. 207.00 Sears Commercial One 16.84 Zep Mfg Co. 246.24 Shahan Weed & Pest Control 1,262.50 Total $1,407,450.15 Simons Petroleum 3,637.30 Simplexgrinnell LP 1,200.00 Skillpath Seminars 149.00 Smith Detroit Diesel 4.08 Smith, Jeremy & Stacey 115.43 Smith, Tonya 30.00 Southwest Counseling Service 400.00 SW Wyo Wool Warehouse 72.50 Sportime 60.46 Standard Plumbing 53.06 Sterling Communications 507.79 Strategic Supply 1,766.78 Strother, Robert 85.36 Sun Mountain Sports 1,242.25 Sweetwater Co Weed & Pest 6,186.00 Swtr Community Nursing 266.00 Swtr Co Events Complex 20,000.00 Swtr Co Library System 30,000.00

184

September 7, 2004

Report Checks for August 20

Employee Garnishments Employee Deductions $ 252.60 Internal Revenue Service Electronic Fund Transfer 100,524.96 Swtr. Fed. Credit Union Employee Deductions 28,168.98 Wyoming Child Support Child Support Payments 2,486.17 Idaho Child Support Child Support Payments 249.00 Total $131,681.71

August 20 Salaries $399,336.00

Comcilman Tate moved to approve the bills and claims for September 7 and the August 20 salaries. Seconded by Councilmember Gilbert. Motion carried unanimously.

UNFINISHED BUSINESS

Councilman Banks moved to approve a request to transfer ownership of the resort liquor license owned by Inn at Rock Springs, LLC dba Inn at Rock Springs to Laxmi Hospitality, LLC dba Inn at Rock Springs. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Counciman Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

NEW BUSINESS

Councilman Kourbelas requested an executive session (following action on the remainder of New Business items) to discuss a personnel issue prior to taking action on the municipal judge’s request for an additional court clerk position.

Councilman Shea moved to approve a request from the Chamber of Commerce High Desert Interpretive Center Steering Committee for endorsement of a Wyoming Business Council grant application to fund a feasibility study for a High Desert Interpretive Center. Seconded by Councilmember Gilbert. Discussion followed by members of the committee who spoke in favor of the application. Dave Hanks noted the application is a planning-only grant and will use matching funds budgeted by the city. He asked that the city conduct a public hearing and submit a resolution of support in order that committee may submit an application on October 4. Dave Kathka said the concept of a center to promote resources in Southwest Wyoming has been discussed for some time. The center would showcase wild horses, oil and natural gas, coal and trona, wildlife, the high desert landscape, and the archaeology and history of the area. A grant from the Wyoming Business Council is being sought to fund a feasibility study to examine the project and to help the committee determine the best location, costs, funding, and economic impact that can be expected from the project. Hank Castillion, assistant manager of the Rock Springs BLM field office, said the Bureau of Land Management supports the project and is interested in partnering with the community to help with its growth. Charlie Love said he envisions this project to be even more successful than the dinosaur project at the college, which, he said turned out to be a win-win situation for all participants. He urged the city to support this project. Other committee members in attendance were Neil Kourbelas and Stan McKee. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, and Mayor Kaumo; abstained: Councilman Kourbelas. Motion carried.

Councilman Tate moved to approve a request from Killpepper’s for a parking lot party on September 11 for a charitable fund-raiser. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilmember Gilbert moved to approve a request from the Wyoming Hispanic Organization for a malt beverage permit for the Hispanic Festival on September 11 at the events. Seconded by Councilman Sea. Motion carried unanimously.

Councilman Shea moved to approve a request from Lynpaj Inc., dba Bomber’s Sports Bar for a liquor catering permit for the Wyoming Recreation and Park Association (WR&P) convention at the Green River Island Pavilion on September 15. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Banks moved to approve a request from Black Rock, Inc. for a liquor catering permit for the WR&P convention at the White Mountain golf course clubhouse on September 16. Seconded by Councilman Horn. Motion carried unanimously.

EXECUTIVE SESSION

At 9:25 p.m. council adjourned to executive session. At 9:55 p.m. council reconvened. Councilman Horn moved to approve a request from the municipal court judge to add a court clerk position to the Municipal Court Department. Councilman Kourbelas seconded the motion. Upon roll call the following voted in opposition: Councilmen Shea, Cheese, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo; abstained: Councilman Tate. Motion defeated.

RESOLUTIONS

Resolution 2004-136 remained tabled.

Resolution 2004-181, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY DEVELOPMENT PLAN OF KNOTTY PINES ESTATES SUBDIVISION AS A PROPOSED 2-ACRE SUBDIVISION LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW/4SE/4) OF SECTION 35, TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE 6TH PRINCIPAL MERIDIAN, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Horn moved to approve Resolution 2004-181. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, and Shea; abstained: Mayor Kaumo. Motion carried.

Resolution 2004-182, WHEREAS, PURSUANT TO W.S. 1-26-801, THE CITY OF ROCK SPRINGS IS AUTHORIZED TO INSTITUTE CONDEMNATION PROCEEDINGS WHERE PROPERTY FOR PUBLIC USE CANNOT BE ACQUIRED THROUGH GOOD FAITH NEGOTIATION BY PURCHASE OR GIFT, was read by title. City engineer Paul Kauchich apprised that the condemnation request is for five properties near the A Street overpass and along Elk Street necessary to begin the viaduct reconstruction project. City attorney Vince Crow stated that because owners have chosen not to accept the offer made for their properties, the city will file condemnation proceedings against the property and try to negotiate the sale or purchase of the property. If an agreement cannot be met, the district judge will have the property appraised and if the landowner still will not negotiate, the land will be taken by eminent domain or appealed and taken to trial. Councilmember Gilbert moved to approve Resolution 2004-182. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

186

September 21, 2004

Resolution, 2004-183, A RESOLUTION ACCEPTING AND APPROVING A REVISION TO THE CLASSIFICATION SPECIFICATION FOR EQUIPMENT MAINTENANCE SUPERVISOR, was read by title. Councilman Kourbelas moved to approve Resolution 2004-183. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-184, A RESOLUTION ACCEPTING AND APPROVING A U.S. DEPARTMENT OF JUSTICE, OFFICE FOR DOMESTIC PREPAREDNESS, FY 2003 STATE HOMELAND SECURITY GRANT, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE A GRANT AWARD AGREEMENT ON BEHALF OF SAID CITY, was read by title. Councilman Shea moved to approve Resolution 2004-184. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

ORDINANCES

Ordinance 2004-14 remained tabled.

Ordinance 2004-16, AN ORDINANCE REZONING A 14,000 SQUARE- FOOT PARCEL OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, DESCRIBED AS LOTS 1 AND 2, BLOCK 14, ORIGINAL TOWN PLAT OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-2 (LOW DENSITY RESIDENTIAL) TO THE ZONING DESIGNATION OF B-3/CD (CENTRAL BUSINESS DISTRICT/CONDITIONAL DISTRICT) was placed on first reading and read by title.

Ordinance 2004-17, AN ORDINANCE CREATING SECTION 5-207 OF THE ORDINANCES OF THE CITY OF ROCK SPRINGS, WYOMING ENTITLED, REGULATION OF MOTORIZED SKATEBOARDS ON STREETS AND BIKE PATHS, was placed on first reading and read by title.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 10:11 p.m.

By______President of the Council

Attest:

______By______Mayor

187

September 21, 2004

XX18

City council met in regular session on September 21, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson.

Councilman Kourbelas moved to accept the amended agenda. Seconded by Councilman Tate. Motion carried unanimously.

Councilman Banks moved to approve the September 7 minutes. Seconded by Councilmember Gilbert. Motion carried unanimously.

COMMENDATION

Operation Iraqi Freedom

Mayor Kaumo presented plaques to John Syndergaard, Michael Sweat and Jeremy Mott in appreciation of their military service during wartime. He said their names will be added to the wall plaque to be permanently hung in city hall.

Department Head Recognition

Mayor Kaumo recognized Colleen Peterson for her dedication to the Finance Department and her willingness to take on the extra duty of supervisor to the Rock Springs Housing Authority. He presented her with a plaque for her outstanding service to the Ray Lovato Recycling Center and said through her efforts not only has the production in the facility had a tremendous turn-around, but employees’ work ethic has improved tremendously. Under her guidance, the center was awarded the 2004 Wyoming Solid Waste and Recycling Association Award. Mayor Kaumo thanked Mrs. Peterson for her dedication.

APPOINTMENTS

President Shea presented the mayoral appointment of Gary Valentine to serve a three-year term on the Police Civil Service Commission. Councilmember Gilbert moved to approve the appointment. Seconded by Councilman Cheese. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, and Shea. President Shea confirmed the appointment.

PRESENTATION

Over-the-Counter Drugs

Thayne Arnoldi, native of Rock Springs, talked about the widespread use of drugs especially methamphetamine in Rock Springs, in Wyoming and throughout the United States, and the major problem it is creating. He said he began using illegal drugs when he was 15 years old and has been “clean” since 1998. He entered Southwest Counseling’s treatment center in 2002 and through the program is participating in the Sweetwater County Methamphetamine Initiative. He said one of the goals of the coalition is to make it difficult to purchase ingredients and paraphernalia such as ephedrine, pseudoephedrin, lithium batteries, starter fluid, rock salt, sulfuric acid, acetone, gas additives, paint thinner, iodine, brake cleaner, boric

188

September 21, 2004 acid, match books, phosphorus, aluminum foil, associated glassware, coolers and plastic bottles. Some of the methods he suggested to curb sales of these products include relocating merchandise, educating retail clerks, alerting members of the public, and regulating sales. Another suggestion was to place a special tax on products directly associated with drug manufacturing, the proceeds of which would be dedicated to drug rehabilitation. Mr. Arnoldi upheld the need for a bond initiative to help pay for a badly needed treatment center. He said treatment saved his life.

Mr. Arnoldi said meth cannot be manufactured without ephedrine which is easy to purchase over the counter in the form of pep pills, dietary supplements or nasal decongestants. He complimented retailers who limit the amount of these products they sell to one customer and those who place suspect products behind the counter or within view of a pharmacist. He said when these items are easily accessible it is no problem for drug abusers to shoplift them. Councilman Kourbelas suggested another approach would be to have Chief Lowell appoint an officer to monitor sales tagging and restocking. Councilmember Gilbert invited members of the public to participate in the coalition. She said meetings may soon be televised so more people can become involved. Mayor Kaumo added that 95% of the crime in Rock Springs is drug related and the cost to the community is escalating.

PUBLIC HEARINGS

Intent to Apply for a Planning Assistance Grant to Be Submitted to the Wyoming Business Council to Obtain a Feasibility Study for a High Desert Interpretive Center

There were no comments. Action to be taken under Resolution 2004-185.

Request to Amend Article 13-8 of City Ordinances to Allow Adult Home Daycare in Residential Area Submitted by Nancy Bigley

Robert Tiede, Rock Springs resident, spoke in favor of adult home daycare. He said there is a need to supplant institutionalization with care in a home environment. He said such programs allow the principal caregiver to take time off from the stress of 24-hour care. He touted the professionalism Ms. Bigley practiced in her Heart to Heart adult daycare center and expressed support for the concept of establishing a practice in her home.

Nancy Bigley stated that after operating the Heart to Heart center for ten years she has to face the realization that she cannot afford the cost of doing business in that setting. She said accreditation fees alone are $1700 per day, and with only three clients in her program, she cannot justify the cost, whereas, the state allows up to four clients in home care without permitting. She said her plan for a home program will ensure that the elderly and handicapped do not become prematurely institutionalized, or alternatively, have to seek long-term nursing care. She noted she has completed license requirements and has complied with Planning & Zoning regulations before making this request. She said she is aware that if council approves her request, she will need to return to P&Z and council for conditional occupation permits. Action to be taken under Ordinance 2004-19.

PETITIONS

2007 Wyoming Association of Municipalities Convention

Dave Hanks, CEO of the Rock Springs Chamber of Commerce, advised that Becky Costantino, Pat Robbins and he were successful in obtaining the bid for the 2007 WAM convention. He thanked Mayor Kaumo for assembling a video presentation and Chad Banks and Bob Nelson for digital photos for the bid package.

189

September 21, 2004

Dangerous Intersections

Bill Valdez, a Rock Springs citizen, appealed to council to reconstruct streets at the intersections of Fitzpatrick and Cache Valley Drive and Stagecoach and College Drive. He said both have inclines to their approaches that create blind spots and are difficult to negotiate especially in winter. City engineer Paul Kauchich said he will look into the grades. Councilman Kourbelas recommended in addition that the crosswalks be relocated to the opposite side of the intersections.

OFFICERS AND STAFF REPORTS

Councilmember Gilbert moved to approve the Health Insurance Fund Recap for August and the financial reports for August. Seconded by Councilman Shea. Motion carried unanimously.

CORRESPONDENCE

The following correspondence was received: 1. a letter from Laura Heitz, FNP, Total Family Health, in support for the rezone of the Leonard Hay property; 2. a letter from Christine Williams in support for the rezone of Leonard Hay property; 3. a letter from the Rock Springs Historical Museum Board supporting the inclusion of the Leonard Hay property at 118 Third Street as part of the downtown walking tour; 4. a letter from Wyoming Senator Larry Caller concerning the construction of a haul road connecting to Windriver Drive; 5. a note from U.S. Senator Michael Enzi congratulating Mayor Kaumo on being named 2004 Business Person of the Year by Sweetwater County Board of Realtors; 6. a letter from SWEDA requesting input for development of their Strategic Plan; 7. a letter from Lorna Callas opposing the rezone of Adams Avenue Property (Ord. 04-14); 8. a letter from John Eddins, WYDOT, in response to Sen. Caller’s concerns regarding the haul road; 9. a WAM membership certification from George Parks; and 10. an invitation from Wyoming Association of Rural Water Systems to their fall training exposition. Councilmember Gilbert moved to accept the correspondence and place it on file. Seconded by Councilman Tate. Motion carried unanimously.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

A&G Plumbing 233.00 Bertagnolli, Mackenzie 425.00 A-PAI 268.00 Bicentennial Apt Village 20,756.00 A-PAI 465.00 Blanksvard, Carl 207.00 Ace Hardware 6,709.07 Blanksvard, Carl 16.34 Adler, Sadie 18.00 Blossom, Tami 13.00 Advanced Force Tactics, Inc. 1,750.00 Boevers, Lea & John 136.80 Advanced Tele Systems 158.00 Boevers, Lea & John 129.99 Airgas Intermountain 360.01 Boschetto Apartments 271.00 Albertsons Food Center 153.97 Bowker Construction 330.00 Allied Glass Service 348.00 Bozner, Alfred 78.95 Alpine Office Supply 2,414.14 Brannan, Vivian I & Thomas 11.49 Alsco-American Linen 2,245.37 Butler, Radon 28.13 American Bar Association 277.50 Callas, Michael 325.00 Amer. Cemetery Supplies Inc. 188.63 Caudell, Mike 18.00 American Chemicals, Inc. 249.50 Center Street 77 Service 185.00 Animal Care Center 73.29 Century Equipment Co. 483.61 Archibald, Travis 18.00 Chakor Publishing 350.00 Atwood, Frieda 37.00 City Auto Sales 999.19 Auto Parts Unlimited 1,121.77 Combat Cartridge 2,611.25 Bennett’s Paint and Glass 444.13 Communication Technologies 757.20

190

September 21, 2004 Concrete Palace 75.00 Lamar Companies 2,060.00 Copier & Supply Co. 902.38 Lathrop Feed & Equipment 853.81 Copyex LLC 124.35 Lavake, Earl 2.50 Corporate Express 2,426.01 Lay, Walter 309.00 Crider, Duane 359.00 Layos Inc. 1,842.16 Crum Electric 535.02 Lenzi, Albert 31.12 Culligan Soft Water Service 121.25 Lewis & Lewis Inc. 611.98 Curtis, Blair 102.96 Lizzi, Ken & Rhonda 71.57 Damori, Michael & Tammy 64.66 Madsen, David & Tina 45.13 Day-Timer 79.96 Majhanovich, Richard 364.00 Dell 4,199.00 Marriott Ctr Ticket Ofc. 1,745.00 Dial Oil, Inc. 14,352.69 Matthew Bender 1,125.00 Digital Select 104.96 May, Robin H. 45.91 Direct Safety Co. 105.71 McCoy, Matthew 114.16 Drake, Terry & Doni 19.52 McCurtain Motors 401.16 Duke’s Root Control, Inc. 7,204.58 McFadden Wholesale 734.00 Emerald Auto Parts 207.58 McGrew, Elwin 157.00 Energy Management 1,311.85 Meadow Gold Dairies 211.62 Farmer, D. Steven 109.74 Memorial Hospital of Swtr. Co. 821.70 Fastenal Company 425.47 Mendoza, Vickie 114.09 Fedex 80.93 Morcon Specialty Inc. 800.20 Fiber Tech 383.00 Morgantown National Supply 173.36 Galls Inc. 825.96 Mountain Mapping & Supply 122.50 Gen-X Sports Sarl 1,182.10 Munici-Card 425.00 Gibbs, Rich 193.00 Myers, Jessica 13.00 Giberson, Harold 110.00 National Rec & Parks Assoc 560.00 Gotfredson, Jim & Mary 11.68 Nations, Emmanuel 4.37 Grand Junction Housing Auth 456.00 Nelson Engineering 23,866.33 Grand Junction Housing Auth 30.00 Neve’s Uniforms, Inc. 1,299.80 Gutierrez, Ana Maria 37.00 Nike USA, Inc. 99.20 Hafey Properties Ltd. 211.00 Notar, Kathleen 18.84 Harper, Mike 6.39 Nu-Tech Specialties 1,694.22 Harsha, Brenda 13.00 Ohana Properties 9.00 Hart’s Auto Supply 49.99 Ohana Properties 234.00 High Desert Landscape 2,170.00 Oriental Trading 96.84 Hilty, Laura 13.00 Orkin Exterminating 208.00 Hodo, Christopher 38.43 Pacific Power & Light 59,930.23 Hornsby, Tom 29.99 Painovich, Mary Ellen 15.42 Hornsby, Tom 7.29 Pandalis, John 246.00 Housing Auth. of Salt Lake City 1,263.00 Parton, Robert 72.60 Housing Auth. of Salt Lake City 30.00 Pearson, David B. 149.98 Howard Supply Co. 51.34 Pitts, Gail 303.00 Icerink Supply Co. 4,054.20 Postage by Phone 1,400.00 Imperial Plaza Apts 86.00 Pratt, Michele 1.04 Inks, Fred 10.49 Prichard Crane Service 1,600.00 Inter-Mountain Laboratories 188.00 Process Applications 330.12 Intermountain Golf Cars, Inc. 17.96 Putnam, Dan & Kristy 13.24 Intermountain Record Center 82.60 Questar Infocomm Inc. 125.00 International Code Council 100.00 Qwest 168.22 Intoximeters, Inc. 6,138.00 R.T. Rentals 238.00 J Bar Excavation 1,300.78 Randy Makinen Construction 1,404.00 James E. Phillips, P.C. 37.26 Ratti, Gary M. 164.82 JFC Engineers, Architects 96.00 Ray, Wechohnpecala 37.00 Jim’s Upholstery 150.00 Recreation Supply Company 127.39 JM Electrical Services 1,046.44 Respond First Aid Systems 699.92 Joint Powers Water Board 336,008.67 Rock Springs Municipal Util 71,001.05 Kaman Industrial Technologies 109.33 Rock Springs Newspapers 229.14 Kellerstrass 38.34 Rock Springs Winlectric 451.91 Kelleys Shoes 125.00 Rock Springs Winnelson Co. 25,390.23 Kennedy, John 360.00 Rocky Mtn Serv. Bur. 56.00 Kiefer Aquatic 202.08 Rocky Mtn Turf & Ind Equip 3,447.72 Kiggins, John F. 22.90 Ron’s Ace Rental 1,733.98 Kumpula, Donald 13.00 Rose, June & Jeff 1.46 L&L Rentals 485.00 Rost, Marlene 11.00

191

September 21, 2004 Ruiz, Amanda 25.00 Zog Industries 173.98 Saddle Lite Motel 96.75 Zueck Transportation 1,182.51 Sanborn Colorado, L.L.C. 50,972.40 Total 772,064.83 Saunders, Heather 25.00 Searle, Melissa & Bryan 11.03 Sears Commercial One 44.13 Shahan Weed & Pest Control 125.00 Shantz, Norman 240.00 Sherman, Jason 65.21 Sherwin Williams 621.32 Short, Gregg 13,369.00 Sisneros, Maria 18.00 Skips Tire 80.00 Skyline Properties Group, LLC 409.00 Sloan, Milissa 13.00 Smyth Printing 603.00 South East Chemicals 269.50 Statham, Billy 5.98 Staywell 346.80 Sterling Communications 1,404.30 Stone Age Climbing 152.71 Strategic Supply 1,623.34 Stromberg, Vileta 18.00 Superior Lumber Co. 725.29 Sweetwater Co Weed & Pest 9,450.00 Swtr. Co. Health Dept. 210.00 Swtr. Co. Treasurer 2.38 Sweetwater Ford 3,098.13 Sweetwater Heights 174.00 Sweetwater Heights 323.00 Sweetwater Heights 319.00 Sweetwater TV Co. Inc. 209.48 Symbolarts Inc. 1,860.00 Tarufelli Construction 12.19 Tenmast Corporation 14,670.00 Titleist 2,854.39 Totten Jr., Robert F. 139.25 Turf Equipment and Irrigation 598.66 Unisen, Inc. 599.68 United Parcel Service 53.81 United Reprographic Supply 95.00 United States Welding Inc. 261.59 Updike, Dorothy 74.14 V-1 Oil Co. 29.43 Viking Office Products 76.98 Walker, Joe 37.21 Walkers Trailer Court 208.39 Ware, Matthew 10.82 Waterworks Industries 82.43 Wells Fargo Car Services Inc. 1,515.21 Wells Fargo Remittance Center 581.03 Western Wyoming College 125.00 Wheatland Fire Equip. Co. 76.57 Whisler Chevrolet Co. 248.31 Whited Flooring 5,013.75 Wilkinson, Kimberly 25.00 Woolen, Loyall or Sandra 10.82 Wyo Dept of Environ Quality 300.00 Wyo Dept Transportation 5,351.99 Wyoming Analytical Labs 43.00 Wyo Animal Euthanasia Bd 200.00 Wyoming Com LLC 574.75 Wyo Environmental Svcs, Inc. 2,170.12 Wyoming Machinery 762.86

192

September 21, 2004

Report Checks for September

AFLAC Insurance Employee Premiums $ 1,703.22 Highmark Life & Casualty Employee Premiums 1,388.80 Equitable Life Employee Deferred 725.00 ICMA Retirement Corp Employee Deferred 7,964.10 Great-West Life & Annuity Employee Deferred 3,996.00 AFSCME Local #1004 Employee Dues 24.75 Colonial Life & Accident Employee Premiums 88.72 Wyo Child Support Enf Child Support Payments 4,259.45 State of Idaho Child Support Child Support Payments 249.00 RS Firefighter Assn #1499 Employee Dues 1,102.00 US Dept of Education Employee Garnishments 231.06 RS City Treasurer Employee BCBS Reimb 18,014.05 Group Life/Prudential Group Life Employee Deduc 789.00 New York Life Insurance Employee Premiums 86.46 RS Police Protective Assoc Employee Dues 380.00 UMWA/OAW Local #4893 Employee Dues 1,012.34 United Way of Swtr. Co. Employee Deductions 233.70 Waddell & Reed Financial Svcs Section 529 Plan 100.00 Wyoming Retirement System Fire Benefit City/Emply 28,243.89 Wyoming Workers Comp Employee Benefits 28,675.73 Wyoming Workers Comp Work Restitution 55.91 Wyoming Workers Comp Volunteer Program 13.98 Wyoming Retirement System Employee Benefits 51,588.03 Wyoming Retirement System Law Enforcement 41,832.14 Swtr. Fed Credit Union Employee Deductions 50,187.87 Internal Revenue Service Electronic Fund Transfer 127,025.66 Total $369,970.86

September 3 Salaries $589,710.52

Councilman Horn moved to approve the September 3 salaries and to delay action on payment of the bills and claims pending review in executive session. Seconded by Councilmember Gilbert. Motion carried unanimously.

NEW BUSINESS

Councilman Kourbelas moved to approve a proposal submitted by the Parks and Recreation Department to combine use of the climbing wall and pool at the civic center including other amenities as a third option for birthday parties. Seconded by Councilman Cheese. Motion carried unanimously.

RESOLUTIONS

Councilman Kourbelas moved to remove Resolution 2004-136 from table since Union Pacific has failed to respond to the agreement. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried. Resolution 2004-136, A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY, AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT, was read by title. Councilman Kourbelas moved to approve Resolution 2004-136. Seconded by Councilman Porenta. Upon roll call the following voted in opposition: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion defeated.

Resolution 2004-185, A RESOLUTION AUTHORIZING AND DIRECTING THE GOVERNING BODY OF THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING TO SUBMIT A PLANNING-ONLY GRANT APPLICATION UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TO THE WYOMING BUSINESS COUNCIL, was read by title. Councilman Porenta moved to approve Resolution 2004-185. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo; abstained: Councilman Kourbelas. Motion carried.

Resolution 2004-186, A RESOLUTION ACCEPTING AND APPROVING A BULLETIN CONTRACT WITH THE LAMAR COMPANIES, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY, was read by title. Councilman Tate moved to approve Resolution 2004-186. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried. Mayor Kaumo reported the city has received a $4260 reimbursement from Lamar Companies in compensation for past issues.

Resolution 2004-187, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH TURF EQUIPMENT, IN THE AMOUNT OF $31,565, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Kourbelas moved to approve Resolution 2004-187. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-188, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH ROCKY MOUNTAIN TURF IN THE AMOUNT OF $45,350, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Coucilmember Gilbert moved to approve Resolution 2004-188. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-189, A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF ROCK SPRINGS, WYOMING, AND THE WYOMING SUPREME COURT, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilman Kourbelas moved to approve Resolution 2004-189. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

Resolution 2004-190, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH PATRICK CONSTRUCTION, INC., P.O. BOX 926, LANDER, WY 82520, IN THE AMOUNT OF $148,975, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Shea moved to approve Resolution 2004-190. Seconded By Councilman Cheese. Upon roll call the following voted in

194

October 5, 2004 favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-191, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH OAKRIDGE DEVELOMENT, INC., IN THE AMOUNT OF $257,046, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Cheese moved to approve Resolution 2004-191. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-192, A RESOLUTION ACCEPTING A QUITCLAIM RELINQUISHMENT FROM W.R. GRACE & CO. – CONN., A CONNECTICUT CORPORATION, was read by title. Councilman Kourbelas moved to approve Resolution 2004-192. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, and Kourbelas; abstained: Mayor Kaumo. Motion carried.

ORDINANCES

Councilman Tate moved to remove Ordinance 2004-14 from table. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried. Ordinance 2004-14, AN ORDINANCE REZONING TWO PARCELS OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING LOCATED IN THE SOUTHWEST QUARTER OF SECTION 36, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-2 (LOW DENSITY RESIDENTIAL) TO THE ZONING DESIGNATION OF R-5 (HIGH DENSITY RESIDENTIAL), was read by title. Councilman Porenta moved to approve Ordinance 2004-14. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Shea, Porenta, and Banks; opposed: Councilmen Kourbelas, Tate, Cheese, Horn, Gilbert, and Mayor Kaumo. Motion defeated.

Ordinance 2004-16, AN ORDINANCE REZONING A 14,000 SQUARE- FOOT PARCEL OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, DESCRIBED AS LOTS 1 AND 2, BLOCK 14, ORIGINAL TOWN PLAT OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-2 (LOW DENSITY RESIDENTIAL) TO THE ZONING DESIGNATION OF B-3/CD (CENTRAL BUSINESS DISTRICT/CONDITIONAL DISTRICT) was placed on second reading and read by title.

Ordinance 2004-17, AN ORDINANCE CREATING SECTION 5-207 OF THE ORDINANCES OF THE CITY OF ROCK SPRINGS, WYOMING ENTITLED, REGULATION OF MOTORIZED SKATEBOARDS ON STREETS AND BIKE PATHS, was placed on second reading and read by title.

Ordinance 2004-18, AN ORDINANCE ESTABLISHING THE RATE OF INTEREST ON THE INSTALLMENTS OF ASSESSMENTS FOR THE CITY OF ROCK SPRINGS, WYOMING, SUNSET DRIVE SEWER IMPROVEMENT DISTRICT NO. 127, was placed on first reading and read by title.

195

October 5, 2004 Ordinance 2004-19, AN ORDINANCE AMENDING ARTICLE 13-8 OF THE ORDINANCES OF THE CITY OF ROCK SPSRINGS, WYOMING ENTITLED, “ZONE DISTRICT REGULATIONS” AND PERTAINING TO ADULT DAYCARE AS CONDITIONALLY PERMITTED USES ACCESSORY TO A RESIDENCE, was placed on first reading and read by title.

EXECUTIVE SESSION

At 8:04 p.m. council adjourned to executive session to discuss a payment on the disbursement list. At 8:31 p.m. council reconvened. Councilmember Gilbert moved to approve the bills and claims for September 21. Seconded by Councilman Kourbelas. Motion carried unanimously.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 8:32 p.m.

XX18a

City council met in special session on September 29, 2004. Mayor Kaumo called the meeting to order at 5:15 p.m. Members present included Councilmen John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo; absent: Steve Shea. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, and Colleen Peterson.

Councilmember Gilbert nominated Councilman Banks to preside over the meeting in the absence of council president Shea. Seconded by Councilman Tate. Motion carried unanimously.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

B&H Photo $ 1,903.30 Dell 5,827.95 Forest Line Construction, LLC 54,041.28 Intoximeters, Inc. 1,982.00 Total $63,754.53

Councilman Banks moved to approve the expenditure list. Seconded by Councilmember Gilbert. Motion carried unanimously.

RESOLUTIONS

Resolution 2004-193, A RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM PEPPERTREE LIMITED LIABILITY COMPANY FOR EMERGENCY ACCESS ON PROPERTY LOCATED WITHIN THE CITY OF ROCK SPRINGS, WYOMING, was read by title. Councilman Kourbelas moved to approve Resolution 2004-193. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Cheese and Tate; abstained: Mayor Kaumo; absent: Councilman Shea. Motion carried.

Resolution 2004-194, A RESOLUTION ACCEPTING FOUR GRANTS OF EASEMENT AND TWO DEDICATION AGREEMENTS FROM IMPERIAL-ROCK SPRINGS LIMITED LIABILITY COMPANY FOR STORM WATER, STREET IMPROVEMENT, EMERGENCY ACCESS, WATERLINE AND STREET RIGHT-OF- WAY ON PROPERTY LOCATED WITHIN THE CITY OF ROCK SPRINGS, WYOMING, was read by title. Councilmember Gilbert moved to approve Resolution 2004-

196

October 5, 2004 194. Seconded by Councilman Horn when he asked if the city accepts maintenance and renovation costs for the parking lot once it accepts the dedication agreements. City attorney Vince Crow replied that the idea behind the dedication is to transfer ownership to the city. George Lemich, attorney representing Imperial-Rock Springs Limited Liability Company, added that Wildwood and Imperial Streets are part of the area for waterline and fire and emergency vehicle access routes that will all become city easements. He said, as in any subdivision, Wildwood and Imperial Streets would carry a one-year warranty after dedication. After the expiration of the one-year warranty, which would begin on the date of acceptance by the city engineer on behalf of council, ownership would revert to the city. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Porenta, Horn, Gilbert, and Banks; abstained: Mayor Kaumo; absent: Councilman Shea. Motion carried.

Resolution 2004-195, A RESOLUTION ACCEPTING THREE GRANTS OF EASEMENT AND A DEDICATION AGREEMENT FROM PATRICIA E. ANSELMI FOR WATERLINE, EMERGENCY ACCESS AND STREET RIGHT-OF-WAY ON PROPERTY LOCATED WITHIN THE CITY OF ROCK SPRINGS, WYOMING, was read by title. Councilman Tate moved to approve Resolution 2004-195. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Cheese, Tate, and Kourbelas; abstained: Mayor Kaumo; absent: Councilman Shea. Motion carried.

Resolution 2004-196, A RESOLUTION ACCEPTING THREE GRANTS OF EASEMENT FROM CHUN NGO AND YIN CHANG YIM, HUSBAND AND WIFE, FOR WATERLINE AND EMERGENCY ACCESS ON PROPERTY LOCATED WITHIN THE CITY OF ROCK SPRINGS, WYOMING. Councilmember Gilbert moved to approve Resolution 2004-196. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, and Porenta; abstained: Mayor Kaumo; absent: Councilman Shea. Motion carried.

Resolution 2004-197, A RESOLUTION ACCEPTING THREE GRANTS OF EASEMENT FROM DARYL M. FELLBAUM AND SUSAN FELLBAUM, HUSBAND AND WIFE, FOR WATERLINE AND EMERGENCY ACCESS ON PROPERTY LOCATED WITHIN THE CITY OF ROCK SPRINGS, WYOMING, was read by title. Councilman Banks moved to approve Resolution 2004-197. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, and Cheese; abstained: Mayor Kaumo; absent: Councilman Shea. Motion carried.

Housing Resolution 2004-198, A RESOLUTION AUTHORIZING THE MAYOR, ACTING IN HIS CAPACITY AS CHAIRMAN OF THE HOUSING BOARD TO APPROVE UTILITY ALLOWANCES FOR THE ROCK SPRINGS HOUSING AUTHORITY’S PUBLIC HOUSING PROGRAM, was read by title. Councilman Tate moved to approve Resolution 2004-198. Seconded by Councilman Cheese. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo; absent: Councilman Shea. Motion carried.

EXECUTIVE SESSION

At 5:29 p.m. council adjourned to executive session. At 6:12 p.m. council reconvened. No action was taken.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 6:13 p.m.

XX19

City council met in regular session on October 5, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve

197

October 5, 2004 Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Harry Horn, Kent Porenta, and Mayor Tim Kaumo; absent: Councilman Chad Banks. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff and Dave Silovich.

A moment of silence was observed in memory of Den Costantino, an active member of the community, who passed away on October 2.

Councilman Shea moved to accept the amended agenda. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Cheese moved to approve the September 21 minutes and the September 29 special meeting minutes. Seconded by Councilman Tate. Motion carried unanimously.

COMMENDATION

Operation Iraqi Freedom

Mayor Kaumo presented a plaque and T-shirt to Tammy Dupape on behalf of her son Trevor Kirkwood, who is serving in the military in Spain.

Recreation Professional of Year

Mayor Kaumo recognized Paul Prevedel, city recreation program director, for having been chosen recreation professional of the year at the annual state conference. He said the award is based on years of service in the recreation field and outstanding work through continued education and a desire to further professional growth. Mayor Kaumo commended Mr. Prevedel for his 21 years of hard work, time and energy devoted to city recreation programs.

PROCLAMATIONS

Mayor Kaumo presented a certificate to YWCA members Margaret Gibbens and Lisa Plant proclaiming October as Domestic Violence Awareness Month. YWCA campaigns tirelessly to avert domestic violence and to protect victims from injustices while treating them with dignity and compassion. The proclamation outlined the many public functions scheduled throughout October. Mrs. Gibbens and Mrs. Plant invited the public to participate in the month’s activities.

PUBLIC HEARINGS

Request to Rezone a 40,000± s.f. Parcel from R-2 (Low Density Residential) to B- 3/CD (Central Business District/Conditional District) Filed by Rock Springs National Bank

Gina Murphy, residing at 410 B Street for the past 11 years, said the two main concerns she has regarding Rock Springs National Bank’s proposal to rezone are traffic and parking. She maintained that traffic patterns on A, B and Second Streets will change greatly and the neighborhood will be adversely impacted. She said customers driving south on A Street will turn left into their drive-thru or parking lot adding to congestion on both A and Second Streets. Customers coming from Blair Avenue will turn left onto A Street and then right onto the bank’s lot causing congestion in that one-half block, which she contended will add to the already high incidence of traffic accidents at that location. Traffic coming from the overpass will impact Catholic School students as they walk to the public library on C Street, and

198

October 5, 2004 traffic exiting the bank’s drive-thru will make it even more dangerous for them. She stated bank customers who live south of B Street and in the Prairie and Palisades Additions will travel through A, B, and C Streets to avoid the busier streets thereby impacting those streets as well. She said customers will be lined up on Blair Avenue waiting to use the drive-thru especially on high volume banking days. She opined the Police Department will be called daily to resolve congestion and accidents in the area and will be a disaster waiting to happen. She speculated the city may be resurrecting plans to extend Second Street to Blair Avenue and the high exposure, increased traffic, and easier access is signaling the bank to relocate.

She stated that according to city ordinances, businesses located in B-3 districts do not require onsite parking. And since the 27 parking spaces proposed on the lot will not be adequate for customers and employees they will end up parking on B Street and surrounding areas even though in her opinion residents should have the right to park in front of their own houses. She said she and her husband have spent 8½ years and a great deal of money remodeling their house to embody historical standards. She said not only will the rezone cause distress and more traffic, but the neighborhood will be devalued. She asked council to weigh the benefits of an historical neighborhood. She also expressed fear that if the parking lot between A and B streets on Blair Avenue were to fall into private hands, it would not be maintained. She was concerned about the intrusion on houses in the 400, 500, and 600 blocks of B Street, many of which have been improved extensively. Ms. Murphy contended there are many downtown locations where the bank could move if they would look harder.

Ann Parady, 324 B Street, said her property borders the proposed rezone area and although she was assured initially by the bank owners that they would be good neighbors, their requests have become more extensive than originally conceived. She said her house is designated as a potential parking lot on the plans. She said the owners have told her they will not make her go, but yet they are prepared to build around her. She is also concerned about the clutter the demolition of the old building will make. She stated she came to Rock Springs 25 years ago from Montana willingly and has owned her B Street property for 20 years. Her three daughters have petitioned council via e-mail to save their house. And although three years ago she was faced with a personal tragedy, she decided to stay in her home since emotionally that is where she and her daughters want to be. She said she has poured tremendous care into her 100-year-old house and has planted 20 varieties of trees and bushes. She said she is also concerned the historic neighborhood will not be able to handle the traffic. And although she does not want to spoil a good deal for the Vista Bible Church, the present owners of the property, she asked for consideration for her daughters and herself. She pleaded with council to look into parking and traffic issues with the understanding that her property will not be part of the parking lot.

Stan Reeve, 2031 Kennedy Avenue, pastor of Vista Bible Church, advised that with a diminished congregation, his church can neither afford the building nor continue maintenance on it. Through lack of use he surmised it would continue to deteriorate. He said last year the cost to heat two or three rooms was $2,000/month and an appraisal to rehabilitate it was $1.5 million just to make it usable. He opined that if the bank were to purchase the property, the community would benefit.

Alerica Martin speaking on behalf of the Holy Spirit Catholic School, said she is concerned about the increased traffic in this area if the rezone is approved especially since the school children walk past that block routinely on their way to the public library.

199

October 5, 2004 Les Henderson, representing EDAL Partnership, 220 B Street, pointed out that traffic on A Street is currently a fraction of what it was prior to construction of the belt route and before the main post office moved from B Street. He said as the third downtown anchor, in addition to city hall and North Side State Bank, the rezone is imperative in order to keep it centrally located. He said as more and more banking is done electronically, parking becomes less of an issue. He stated if the bank cannot relocate, downtown will suffer a serious blow. Mr. Henderson suggested the city reconsider no-parking zones on A Street between Second Street and Blair Avenue and converting that section of the street into three traffic lanes, thus alleviating some of the traffic concerns of the neighborhood.

John Hay, president of Rock Springs National, informed council that the bank is willing to work with Mrs. Parady in every way possible. He said the bank will shield her property with permanent screening as well as protect it during demolition. He said the bank has every intention of making her comfortable at her present location. Regarding parking, Mr. Hay said the bank proposes to purchase lots at the south end of the block, with the exception of Mrs. Parady’s, to provide 27 parking spaces. Other parking possibilities include their present parking lot as well as a lot at the corner of Second and D streets. He said the parking issue is a real concern and is being addressed. With regard to the building currently located on the lot, Mr. Hay noted that the lack of resources to maintain it puts it at risk of deterioration. He then circulated an artist’s rendition of the bank’s proposed building that displays similar architecture to the existing building. He said the architecture fits in well with the neighborhood and he thinks it would increase property values in the neighborhood. He noted that the site was selected because it is only a few blocks from their present bank which they have outgrown, and the high traffic count at that location is conducive to business. He also believes this site is important to the continued survival of downtown.

Councilman Kourbelas asked if cars stack up on paydays at the present location. Mr. Hay responded that since a new drive-up window was installed, the line is not as long as in the past. Under the new proposal, four drive-up lanes could stack four cars plus the car being waited on or 20 cars in queue, which he feels is more than adequate. Councilman Kourbelas asked if the area proposed for parking on the south end of the lot would require an amendment to the Master Plan since that half of the block is designated residential. Mr. Hay answered that he asked city planner Laura Crandall that question and was told it would have to be rezoned to a B-3 but would not require a Master Plan amendment. Councilman Kourbelas asked for confirmation that the bank’s request is not contingent on a portion of the block being converted to a parking area. Mr. Hay said that is correct. Councilman Kourbelas asked if there would be space in their proposed building for non-banking businesses. Mr. Hay responded that is not their intent; however, the uses requested in the zone change include offices and banking. Councilman Kourbelas asked if the number of employees is predicted to increase. Mr. Hay responded it is not. Councilman Shea said he is concerned about traffic between Second Street and Blair Avenue making a left-hand turn from A Street into the parking lot to access an ATM. Mr. Hay answered that the location of an ATM has not yet been determined.

Councilman Kourbelas asked if B Street is designated a collector street as are A and Second streets. Mr. Walker responded that B Street is neither a collector nor an arterial street. Councilman Kourbelas suggested a traffic study may be in order. Mayor Kaumo replied that traffic signals will be addressed with the reconstruction design of the A Street viaduct. He added that new developments are taking place downtown and the Downtown Advisory Committee is considering various options. But, he warned, upon completion of the A Street viaduct increased traffic along with other changes in the downtown area are inevitable. He said one of his goals as

200

October 5, 2004 mayor is to see the city move forward. He questioned how long an abandoned building should sit and deteriorate before something is done with it.

Councilmember Gilbert asked whether the property owners on the south side of the block are receptive to the plan. Mr. Hay said they are. Mrs. Parady said if the plan goes through she will be left with parking lots on the right and left sides of her house, a scenario that she believes is worse than having a decaying building next door and one that will devalue her property.

Councilman Kourbelas said according to the information supplied, the block is divided down the middle—half designated High Intensity Residential (HIR) and the other half Low Intensity Residential (LIR) in which the B-3 zone is not permitted. He asked whether the property on the south side of the block meets the four findings of fact and can be rezoned to B-3 without going back to P&Z. Mr. Walker answered the findings do have to be met if a rezone request falls outside of the Master Plan. Councilman Kourbelas then asked whether plans for the north side of the block on which the building is proposed are consistent with the Master Plan. Mr. Walker indicated they are.

Councilmember Gilbert said she has mixed feelings with this request although she is leaning toward historic preservation of the old high school building. Gina Murphy again addressed council and said the rezone will tear the neighborhood apart and will lessen the historic value of the property. She suggested that allowing one of the downtown anchors to move several blocks away from downtown might cause other businesses to follow. Councilman Horn stated that many changes have taken place in the downtown area over the years, and although they initially were perceived as “the end of the world,” most have proven to be good changes.

Action to be taken under Ordinance 2004-20.

PETITIONS

Petitioner Tom Ligget was scheduled to discuss concerns about private land, but was not present at the meeting.

Rezone Parcel from R-2 to B-3/CD (Leonard Hay Property, 118 Third Street

Mary Brown, 98 Second Street, read a letter signed by Mary A. Brown and John S. (Jack) Brown, which stated the neighbors would be more receptive to the zone change requested by Messrs. Hampton and Newman had they limited the conditional uses to their current planned use rather than all uses encompassed under a B-3/CD designation.

Adele Bertagnolli, 102 Third Street, agreed with the Browns. She said the zone change as requested would allow for a retail business, which she said would compound traffic. She said she would have liked to discuss this with council members prior to this meeting, but felt they had already made up their minds regarding the outcome of this request. Mayor Kaumo assured Ms. Bertagnolli that was not the case. On the contrary, he said council members welcome constituents’ comments and feel “communication is a wonderful tool.”

Maureen Greminger read from a letter she submitted to council in this regard. The letter stated “As a homeowner within 200 feet of this property, I feel it is imperative this zone change be approved.” The letter further stated the rezone to allow the proposed law office would benefit the neighborhood as well as the city’s

201

October 5, 2004 beautification program. It stated once emotions are removed from this issue, neighbors would agree the zone change is in their best interest.

Les Henderson, representing EDAL Partnership, opined that if the Hay house were to be sold to another homeowner, it might be maintained in the manner befitting Leonard and Frae Hay; however, he felt that would not be the case. He maintained the neighbors are mostly concerned about parking and traffic congestion, yet most of the traffic is generated by students and parishioners of the Catholic Church. And since parking for them is limited, he suggested that the address for the proposed law office be changed from Third Street to Second Street to eliminate additional congestion on Third Street. He also suggested the law office allow parishioners to use their 19 parking spaces on days not occupied by the attorneys. He said EDAL whose parking lot is located across A Street from the church allows people to use their parking lot on Saturdays and Sundays and even for events during the week since employees and their clients utilize only 60% of their parking lot. He believes the neighbors have valid concerns, but they are not realistic.

Alerica Martin, representing Catholic School staff and students, stated many people are opposed to the rezone. She said even if the rezone does not appear threatening, it can evolve into something that is. She advised that traffic is very dangerous and she hopes to have input for crosswalks in conjunction with the new overpass.

Dominick Olivetto, 422 M Street, spoke in favor of the zone change. He said the area in question is already dotted with businesses and the attorneys who have been in business for 16 years support the working man in Sweetwater County. He said the maximum traffic at their location would be seven or eight vehicles at one time. He stated neighbors in the area complain that the proposed bank does not have enough parking spaces and, on the other hand, that the proposed law office has too many. He further stated only the immediate use of the building rather than conjecture about future uses should be addressed at this time.

Jack Brown, 98 Second Street, insisted that “what if” scenarios must be taken into consideration. He said the use should be specific rather than trying to camouflage a future use as a way to get around planning and zoning or council. He said if the petitioners were specific in their request, these discussions would not have been necessary.

George Lemich, attorney representing the Leonard Hay Living Trust and petitioners Michael Newman and David Hampton, said the predominant themes in the rezone issues are the inevitability of change and the vitality of downtown. He said throughout the years changes have taken place and with the passing of Leonard and Frae Hay another change is unfolding. He said their Trust has seen fit to leave a lasting legacy in their memory and have hopes of selling the property for use as a law office. He said the petitioners, Newman and Hampton, are committed to the community and to make this a successful endeavor. He noted that under the B-3 zoning designation there are over 100 permitted uses and a number of conditional uses. He explained that of those limited uses, several are consistent with the architecture of the building. He said the attorneys are agreeable to limiting uses for offices consistent with the building. Mr. Lemich noted that because plans for the law office include a library and conference room, neighbors are concerned about added traffic. Mr. Lemich advised that those rooms are to be used strictly by the law office and not for public use. In addition, if the building becomes part of the walking tour, the tour will be around the building but not inside it. He stressed that the petitioners are committed to working with the neighbors and the community. Councilman Shea questioned if the petitioners object to removing retail as a

202

October 5, 2004 conditional use. Mr. Lemich answered they do not. Action to follow under Ordinance 2004-16.

Adult Day Care Center

Nancy Bigley, owner and operator of Heart-to-Heart Adult Day Care Center, said she appreciated council’s support on the first reading of the ordinance to allow adult day care in a residential setting. She offered statistics on aging to support her request for a rezone: in 1960 15% of Sweetwater County residents were age 65 or over and 376 people were over 85. In 2010 20% of the county’s residents will be 65 and those 85 and older will number 459. In other words, people who are 65 now will live an additional 16 to 19 years. She said without alternative means of caring for the elderly, the possibility of being institutionalized is relatively high.

OFFICERS AND STAFF REPORTS

Councilman Horn moved to accept the Bar Incident Report for September and place it on file. Seconded by Councilmember Gilbert. Motion carried unanimously.

COUNCIL COMMITTEE AND BOARD REPORTS

Joint Powers Telecommunications Board

Councilman Shea reported that the telecommunications board’s attorney moved forward to have the county offices on C Street connected to city hall. Also, the board continues to look for ways to fund the fiber project.

CORRESPONDENCE

The following correspondence was received: 1.a request from the Sweetwater Co. Home & Landowners Association for input on the Sweetwater County Draft Unified Development Code; 2. a letter from the Green River Camber of Commerce in support of the High Desert Interpretive Center project, 3. a report from the U.S. Department of the Interior regarding finding of no significant impact and decision for the Ten Mile Rim lease-by-application and associated right-of-way; 4. a notice from the Wyoming Department of Environmental Quality of their October meeting; 5. a letter from Angelina Pryich regarding the rezone of Leonard Hay property on Third Street; 6. a proposal from Mona and Ed Dustin to sell two lots on M Street to the city; 7. a thank you note from Young at Heart Senior Citizens for the mayor’s participation in the AARP forum; and 8. a thank you from The Buxton Company in appreciation of city business. Mayor Kaumo apprised council that Mona and Ed Dustin propose to sell two vacant on the east side of M Street a few blocks south of the Pilot Butte intersection. Councilman Horn moved to consider the lots on M Street only if the Dustins wish to donate them. Seconded by Councilman Tate. Motion carried unanimously. Councilman Shea moved to accept the correspondence. Seconded by Councilmember Gilbert. Motion carried unanimously.

RESOLUTION: (taken out of order)

Resolution 2004-199, A RESOLUTION ACCEPTING AND APPROVING A MUTUAL RELEASE AND SETTLEMENT AGREEMENT WITH INDO AMERICAN ENGINEERING, INC., AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ROCK

203

October 5, 2004 SPRINGS, was read by title. Councilman Tate moved to approve Resolution 2004- 199. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Gilbert, and Mayor Kaumo; absent: Councilman Banks. Motion carried.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

A&G Plumbing $ 45.00 Five Star Towing & Repair 90.00 A-1 Uniforms & Workwear 2,595.50 Foot Joy 85.49 Aardvark Tactical, Inc. 122.20 G&K Services 811.28 Acker, Michael -10.00 Gil, Terry 78.37 Acker, Michael 10.00 Gil, Terry 76.95 Airgas Intermountain 441.59 Govt Finance Officers Assoc 85.00 Albertsons Food Center 72.41 Great Westrn Park & Playgrnd 4,227.00 Allied Glass Service 6.00 Green River Cham of Comm 408.80 Alpha Petroleum Service 1,743.05 H&E Equipment Services 6,734.00 American Red Cross 102.00 Hach Chemical 593.75 Animal Care Center 37.49 Hall, Ron 440.00 Arnold Law Offices 510.00 Hamilton Caster & Mfg. Co. 523.90 Aspen Publishers, Inc. 252.30 High Security Lock & Alarm 2,023.75 Assoc of Public Treasurers 155.00 Highmark Life Ins. Co. 776.22 Atco International 1,033.20 Holiday Inn 403.15 Athletic Business Publications 888.00 Honnen Equipment Co. 334.69 Awards Unlimited 96.00 Igloo Vikski 220.61 Bill Valdez Co. 500.00 Indo-American Engineering 25,000.00 Blanksvard, Carl 28.36 Inman, Troy & Tina 150.12 Bloedorn Lumber 441.25 International Credit Recovery 299.00 Blue Cross-Blue Shield 22,159.38 Itech Hockey Company 790.67 Books West LLC 305.07 Jirdon Agri Chem Inc. 13,752.19 Bros Grimm Trucking, LLC 307.00 Johnson, Cheryl 81.38 Callaway Golf 595.51 Kearns, Sue Atty at Law 1,950.00 CDW Government, Inc. 313.03 Kellerstrass 33.00 Center Street 66 Service 45.00 Kern, Patricia 35.00 Chaney, Shane 123.78 Kirkwood Community College 240.00 Chemsearch 195.10 Kois Brothers Equipment Co. 51.50 City of Rock Springs 193,436.63 Kopy Korner 136.59 Clawson, Amanda 15.00 Kwik Clean 200.00 Cleveland, Sandy 34.27 Lanier Healthcare 147.99 Copier & Supply Co. 85.00 Leibee Precision Machine 32.00 Copyex LLC 230.00 Lewis Tree Service 2,840.00 Costantino, Becky 82.50 Lexisnexis Matthew Bender 565.62 Cozad, Rick 207.00 Macy, Brenda 270.00 Dann & Meacham 307.88 Matthew Bender 119.81 DeBernardi Construction 7,198.10 McLeod USA 826.49 DeBernardi Construction 6,569.33 Memorial Hosp of Swtr. Co. 150.00 DeBernardi Construction 212,284.21 Mountain Mapping & Supply 350.00 DeBernardi Construction 9,819.70 Mountain States Employers 3,900.00 Dell 1,247.98 New Studio 79.53 Dewey, Denise R. 410.00 Newman Signs 153.73 Dominos 79.90 Nickel Ridge Portables 1,225.00 Ecological Laboratories, Inc. 690.89 North Amer. Directory Svc. 375.00 Electrical Service & Products 1,833.37 Northern Tool & Equipment 75.28 Emergency Medical Products 248.41 Nu-Tech Specialties 1,451.10 Engineering Co. 25,593.34 Oakridge Development, Inc. 34,600.74 Equifax Credit Information 13.40 Old Dominion Brush 2,759.56 Estess & Knight Equip & Tine 102.59 Oriental Trading Co., Inc. 50.60 Falcon Pump & Supply 13.74 Orkin Exterminating 60.00 Fastenal Company 78.92 Orlie’s Refrigeration & Htg. 969.90 Fedex 45.11 Pacific Power & Light 6,329.25 Ferrero Electric 1,750.00 Piedra, Sindy 105.00 Fireworks West Intl 15,369.00 Ping 534.35

204

October 5, 2004 Pitney Bowes 885.00 Williams, Penny 150.00 Plummer, Deborah 150.00 Wire, Morgan 50.00 Printers’ Alley 321.42 Wyo Assn of Municipalities 400.00 Questar Gas 7,348.13 Wyo Assoc Rural Water Sys 175.00 Qwest 4,034.35 Wyo Rec & Parks Assoc 150.00 Rasmussen, Kevin 1.94 Wyoming Apco Chapter 160.00 Real Kleen Inc. 604.99 Wyoming State Bar 510.00 Red Oaks Concepts 4,062.96 Wyoming Supreme Court 7,997.44 Reis Environmental 161.09 Wyoming Taxpayers Assoc 55.00 Riotec 99.99 Young Electric Sign Co. 207.00 Rock Springs Cham of Comm 138.00 Zueck Transportation 1,141.35 Rock Springs IV Ctr 214.87 Total $708,017.71 Rock Springs IV Ctr -214.87 Rock Springs Newspapers 4,691.53 R.S. Recycling Center 3,750.00 Sage Apartments 525.00 Schaeffer’s Mfg Company 934.07 Seals, Nick 50.00 Sears, Roebuck & Co. 24.99 Simons Petroleum 4,708.50 Spenneberg, Melissa 50.00 Spring Hill Press 550.00 Staats, Matthew 360.00 Stafford Backhoe 570.00 Sunrise Environ Scientific 443.38 Sunset Garden Center 3,549.00 Superior Lumber Co. 237.53 Suspended Aquatic Mentor 116.88 Sweetwater Co. Clerk 14.00 Sweetwater Co. Health Dept. 320.00 Sweetwater TV Co. Inc. 50.00 Tabuchi, Ryan 50.00 Taylor Made Golf Co. 131.17 Thatcher Company 2,152.39 The UPS Store 10.35 The Wyo Business Report 480.00 Thompson Publishing Group 373.50 Tire Den Inc. 1,326.45 Titleist 336.60 TM Books & Videos 105.44 Trident Insurance Svcs. 2,000.00 Trophy Depot 187.90 Turf Equip and Irrigation 1,096.64 U.S. Tech 22.94 UBTA-UBET Comm 96.45 Union Telephone 89.28 United Family Busns Guide 100.00 United Parcel Svc 67.10 United Reprographic Supply 31.17 Univar USA Inc. 1,013.19 US Postmaster 370.00 Utility Technical Svc 8,198.19 V-1 Oil Co. 32.35 Vaughn’s Plumbing 457.03 Verizon Wireless 3,311.81 Voodoo Holds 74.85 Walmart Community Brc 2,073.80 WAMCAT 40.00 Webb, Regina 150.00 Weidle, Heather 194.97 West Group Payment Ctr 3,657.04 Wheatland Fire Equip. Co. 112.71 Wilkinson, Charles Jr. 430.00 Williams, Carrie 33.00

205

October 5, 2004

Report Checks for September 20

Employee Garnishments Employee Deductions $ 601.03 Internal Revenue Service Electronic Fund Transfer 91,536.02 Swtr Fed Credit Union Employee Deductions 30,024.93 Wyoming Child Support Child Support Payments 2,350.66 Idaho Child Support Child Support Payments 249.00 Total $124,761.64

September 20 Salaries $370,510.12

Councilmember Gilbert moved to approve the bills and claims for October 5 and the September 20 salaries. Seconded by Councilman Shea. Motion carried unanimously.

NEW BUSINESS

Councilman Kourbelas moved to approve a request to call for bids to replace the city’s mainframe computer system. Seconded by Councilman Shea. Motion carried unanimously.

Councilman Shea moved to approve a request from the Fire Department to call for bids for two decontamination shelters. Seconded by Councilman Cheese. Motion carried unanimously.

Councilmember Gilbert moved to approve a request from the Parks and Recreation Department for two substitute daycare worker slots. Seconded by Councilman Kourbelas. Motion carried unanimously.

A request from Mr. C’s, Inc. to lease the golf course clubhouse during the month of December was referred to the Building Committee.

Councilman Horn moved to approve requests from Black Rock, Inc. for a liquor catering permit for the Boar’s Tusk Bikers Ball on November 13 at the events complex and for a malt beverage permit for the Roughman Contest on October 9 at the Civic Center. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilmember Gilbert moved to approve a request from the Young at Heart Senior Citizens for a malt beverage permit for Oktoberfest on October 22 and 23 at the events complex. Seconded by Councilman Cheese. Motion carried unanimously.

RESOLUTIONS

Resolution 2004-200, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH SPRING CREEK RANCH, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilman Porenta moved to approve Resolution 2004-200. Seconded by Councilman Horn. Upon roll call the following voted in favor: Councilmen Gilbert, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo; absent: Councilman Banks. Motion carried.

ORDINANCES

Councilman Tate moved to amend Section 2 of Ordinance 2004-16 to allow the following B-3 permitted uses: church and parish house; medical, dental or health clinic; optician; offices; and professional offices. Seconded by Councilman Cheese. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Horn, Porenta, and Mayor Kaumo; absent: Councilman Banks. Motion carried. Ordinance 2004-16, AN ORDINANCE REZONING A 14,000 SQUARE-FOOT PARCEL OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, DESCRIBED AS LOTS 1 AND 2, BLOCK 14, ORIGINAL TOWN PLAT OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-2 (LOW DENSITY RESIDENTIAL) TO THE ZONING DESIGNATION OF B-3/CD (CENTRAL BUSINESS DISTRICT/CONDITIONAL DISTRICT) was placed on third reading and read by title. Councilman Porenta moved to approve Ordinance 2004-16 as amended. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo; absent: Councilman Banks. Motion carried.

Ordinance 2004-17, AN ORDINANCE CREATING SECTION 5-207 OF THE ORDINANCES OF THE CITY OF ROCK SPRINGS, WYOMING ENTITLED, REGULATION OF MOTORIZED SKATEBOARDS ON STREETS AND BIKE PATHS, was placed on third reading and read by title. Councilman Shea moved to approve Ordinance 2004-17. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Gilbert, and Mayor Kaumo; absent: Councilman Banks. Motion carried.

Ordinance 2004-18, AN ORDINANCE ESTABLISHING THE RATE OF INTEREST ON THE INSTALLMENTS OF ASSESSMENTS FOR THE CITY OF ROCK SPRINGS, WYOMING, SUNSET DRIVE SEWER IMPROVEMENT DISTRICT NO. 127, was placed on second reading and read by title.

Ordinance 2004-19, AN ORDINANCE AMENDING ARTICLE 13-8 OF THE ORDINANCES OF THE CITY OF ROCK SPSRINGS, WYOMING ENTITLED, “ZONE DISTRICT REGULATIONS” AND PERTAINING TO ADULT DAYCARE AS CONDITIONALLY PERMITTED USES ACCESSORY TO A RESIDENCE, was placed on second reading and read by title.

Ordinance 2004-20, AN ORDINANCE REZONING A 40,000 SQUARE FOOT PARCEL OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, DESCRIBED AS LOTS 3, 4, 5, 6, AND 7, BLOCK 24, ORIGINAL TOWN PLAT OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-2 (LOW DENSITY RESIDENTIAL) TO THE ZONING DESIGNATION OF B-3/CD (CENTRAL BUSINESS DISTRICT/CONDITIONAL DISTRICT), was placed on first reading and read by title.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 9:01 p.m.

207

October 19, 2004

XX20

City council met in regular session on October 19, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Harry Horn, Kent Porenta, and Mayor Tim Kaumo; absent: Chad Banks. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson.

Councilman Porenta moved to approve the amended agenda. Seconded by Councilman Kourbelas. Motion carried unanimously.

Councilman Cheese moved to approve the October 5 minutes. Seconded by Councilman Shea. Motion carried unanimously.

COMMENDATIONS

Operation Iraqi Freedom

Mayor Kaumo presented plaques and T-shirts on behalf of military men and women serving our country during Operation Iraqi Freedom. Those militia included James R. Freudenberg, Travis Richard Gradert, Patrick Roy Gradert, Eric Z. Harper, Robert A Chapin, Adam Arthur Ely and Leigh Anne Ely. The mayor asked that the city’s thoughts and thanks be relayed to the troops.

PRESENTATIONS

Planned Unit Development Concept Plan for an Assisted Living Facility

Joe Manatos, speaking on behalf of Canyon Creek Development, presented their plan for a retirement/assisted living facility. He said the proposed development is surrounded on the West by I-80, on the north by Centennial Park, on the east by the Bluffs Subdivision and on the South by College Drive. The subdivision will initially consist of 29 duplex units consisting of 58 independent retirement living quarters and a 65-unit assisted living center. A 16-unit memory care facility will be built at a future date. Mr. Manatos said the developers will apply for a zone change from R-2, Single Family Residential, to an R-3 zoning district in which duplexes are permitted. They will then go through the PUD process.

Councilman Porenta asked about access. Mr. Manatos stated the plan is to tie into Cheyenne and eventually to Winterhawk. Twenty-four-foot wide private roads are planned within the subdivision and because of their circuitous route, they will not become a main thoroughfare. Councilmember Gilbert said it is important streets are wide enough for STAR bus. Mr. Manatos said according to the applicants’ traffic study, the subdivision should only receive 40 percent of normal residential traffic. Councilman Horn suggested the petitioners participate with the city in erecting a traffic signal at Pacific Drive. Councilman Porenta advised that would be the responsibility of WyDot because of its proximity to the interstate. Mayor Kaumo asked about street maintenance. Mr. Manatos said he assumed maintenance would be taken care of by the developers.

208

October 19, 2004

PETITIONS

Juvenile Accountability Block Grant Application

Mike Wilder, director of the Sweetwater County Department of Juvenile Probation, solicited a cash match of $613 from the city for a 2004 Juvenile Accountability Block Grant with proportionate matches from the City of Green River and Sweetwater County. The total award available to the Sweetwater County Juvenile Probation office from the Office of Juvenile Justice and Delinquency Prevention JABG 2004 grant is $19,869. In addition to the match, the department is seeking an in-kind contribution in the amount of $31,930 from Rock Springs to help with their deficit budget. Mr. Wilder explained his department’s allocation was cut from $77,624 last year to $19,869 this year because of the federal government’s reduction in nationwide funding. In addition, Wyoming’s jails are not OJJDP compliant lessening the award even more. He provided historical data on the number of juveniles helped through the program and said because 60% of the offenses are committed by juveniles living in Rock Springs, Rock Springs shares the greatest cost. Although, he noted, Sweetwater County provides a $244,000 annual budget to the department and the city of Green River pays half of the department’s annual office rent. He said the funding is needed to maintain current positions.

Following discussion about the city’s own budget shortfalls and the necessity of having to tap into reserves to make the contribution, yet acknowledging the benefits of the probation program, Councilman Cheese moved to table the request to allow time to review funding sources. Seconded by Councilman Tate. Before voting, George Lemich, attorney for Sweetwater County School District No. 1, addressed council regarding the many benefits of the program. He acclaimed students’ ability to achieve success begins with regular attendance at school. He said School District #1’s attendance policy was revised a year and half ago to provide better scrutiny of attendance. In conjunction with the policy, the school district works with the juvenile probation office, juvenile courts and the city’s police department to improve students’ attendance records. He said the truancy program relates to the habitual truant designation under Wyoming’s compulsory attendance law. Under the law, when a student has five unexcused absent days, the student is declared to be an habitual truant. Their records are then given to Mr. Wilder’s program and the students are placed in the judicial system of the county. Their attendance records are supervised, reported to the school district and sent back to the court. And although these programs are federally and state mandated, they are not federally and state funded. He stated The Department of Juvenile Probation’s success rate is 74%. He said this supervision has had a direct bearing on the reduction of other crimes as well.

Councilman Porenta asked if the school district could contribute to the juvenile probation department’s budget deficit. Mr. Lemich responded that the school district is not part of the matching required in this grant, but they have hired additional personnel within the district to help coordinate the probation department’s efforts. He said the district is currently tied to other grant matches and have no means of supporting this grant this year, but they can look into it for the future. He noted all Wyoming schools are involved in litigation over school funding and as a result the state has increased control over local district budgets.

Councilman Kourbelas stated the request from Juvenile Probation goes beyond the city’s original intent of providing a cash match for a grant for juvenile justice programs. He said they are now asking the city to help fund a portion of their agency. He acknowledged that Rock Springs has the majority of cases, but that is also true for the county attorney’s office and the sheriff’s department. He said

209

October 19, 2004

conceivably there is no end to the number of requests that could be made on this basis. He said unfunded mandates have affected the city as well in the form of de- earmarking by the state. He emphasized that the city has already had to dip into reserves to fund positions for nine additional police officers, three of whom are dedicated to the school district. He said the 400% funding increase requested by the Juvenile Probation Department was not budgeted by the city and would result in another withdrawal from reserves. Mr. Lemich lamented that the school district also was negatively impacted by legislative decisions that resulted in less money than anticipated at the beginning of this fiscal year. He agreed that the city and school district enjoy a remarkable relationship that has had a positive impact on the schools and the community. Councilman Horn suggested Mr. Wilder attend a legislative session to appeal for more funding. Councilman Shea asked if the new jail facility in Sweetwater County will allow full funding of future grants. Mr. Wilder answered that depends on whether there will be separate housing of juveniles and required staffing within the facility.

Paul Grube, superintendent of School District No. 1, expressed concern over the Probation Department’s weakened position if they do not receive additional funding, yet acknowledged the financial predicament both the city and school district face. He said the school district will work hard to secure future grants and will also appeal to legislature for funding. He thanked the city and the police department for their “tremendous assistance” to the school district over the years. He said the police officers’ relationship with students provides a crucial and lasting effect on them. Upon roll call to table the request formulated under Resolution 2004-202, the following voted in favor: Councilmen Porenta, Horn, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo; absent: Councilman Banks. Mayor Kaumo said action will be taken before the grant application deadline of November 1.

Adult Day Care Center

With the third reading of Ordinance 2004-19 later in the meeting, Nancy Bigley, applicant, spoke in favor of the rezone to allow adult daycare in her residence. She said she carries $2 million liability insurance and workers compensation. She noted she is in the process of getting property insurance once the state includes language to allow adult care as a home occupation. She differentiated board and care from assisted living in that board and care provides supervision for medication, but cannot give medical care.

Request to Rezone a 40,000± s.f. Parcel from R-2 (Low Density Residential) to B- 3/CD (Central Business District/Conditional District) Filed by Rock Springs National Bank

Ann Parady, 324 B Street, said she has to make decisions if the rezone is approved given the razing of the old building on one side of her home and the speculation of a parking lot on the other side. She also hoped council has studied traffic issues discussed at the last council meeting. City planner Laura Crandall responded that the application before council deals exclusively with the four lots on the north end of the block where the proposed bank will be situated—there are no plans to put a parking lot on the south end of the block. She said any rezone to existing residences would be contingent on their being connected to an existing commercial zoning district. Since the parcel under consideration for a rezone is connected to an existing B-3 zoning district, the applicants can move forward with their petition. She explained that as long as Mrs. Parady’s lot exists on the block, the other lots at the south end of the block cannot be rezoned to commercial because that would constitute a break in the zone district. Mrs. Parady asked if council could amend existing zoning laws at a later time to circumvent this provision.

210

October 19, 2004

Mrs. Crandall explained that amending the language would involve public hearings before the Planning & Zoning Commission and before city council as well as three ordinance readings. Mayor Kaumo stated that such a language change has not been proposed nor would it be their goal. Mayor Kaumo assured her the governing body is working hard and studying this issue extensively.

Mrs. Parady then asked for accountability during the demolition process when asbestos is in the air and if her property is damaged. John Hay, president of Rock Springs National Bank, said a qualified firm with experience would be hired to demolish the old building, and throughout the process the bank would assume liability responsibility. In response to the parking situation, he said he will negotiate with Qwest regarding their parking lot on Blair Avenue between A and B streets. For the record, Mrs. Crandall clarified that her planning and zoning report distributed at the last council meeting erroneously showed half of the block as High Intensity Residential. She said that should correctly have been shown as Commercial as designated on the Master Transportation Plan.

Gina Murphy, 410 B Street, stated she resents the comment that the governing body is working hard on this issue. She said she has not heard from any of the council members with the exception of Councilman Shea. She said because of her $95,000 investment to renovate her house, she is concerned a bank in the neighborhood would devalue her property. She asserted that the bank should have to provide adequate off-street parking for its employees as well as its customers.

Mayor Kaumo stated the city would also be faced with what to do with a privately owned building if it is left to deteriorate. Ms. Murphy suggested instead of tearing down the historical building, to convert it to a youth center. Councilman Kourbelas stated a youth center would create the same parking and traffic concerns for which she has impugned the bank. Mayor Kaumo said a plan several years ago to address the traffic problem by making Second Street a thru street according to the Master Plan was met with opposition, and so traffic concerns remain. Ms. Murphy asked how the traffic would be addressed. Councilman Kourbelas maintained traffic would affect A Street and the business district, but not the residential area. Mayor Kaumo added that A Street is a collector street and is designed to carry heavy traffic. He warned that once the A Street overpass is reconstructed, traffic would increase even more.

Ms. Murphy then asked council to take into consideration present as well as future parking. Mayor Kaumo asked her if she objects to the parking lot next to her house. Ms. Murphy responded that it is used for library employees and patrons. Mayor Kaumo asked if it is acceptable to her because it is usually only partially full and can be used by her children to play basketball. She said neighbors who park on B Street prefer that her children stay off the street and in the lot. Mayor Kaumo said he hopes she will be comfortable with the parking lot being used as a parking lot.

Councilmember Gilbert said council is struggling with appeasing all concerned. She said although she is a proponent of historical buildings, once a building is left to deteriorate and it becomes too expensive to renovate, it becomes more and more of a problem. Councilman Porenta agreed and said decisions have to be made leaving emotion out of it. He then asked what the zoning requirements are concerning parking. Ms. Crandall stated that B-3 zoning does not require off-street parking, but the bank is making an extra effort to provide it. Speaking as the director of the library’s youth services, Mrs. Parady said the library parking lot is often full as is the lot adjacent to the fine arts center. Although she conceded heavier use is usually in the evening.

211

October 19, 2004

There were no other petitioners. Ordinance 2004-20 will be read on second reading later in the meeting.

OFFICERS AND STAFF REPORTS

Councilman Shea moved to approve the animal control report for September, the health insurance fund recap for September and the financial reports for September. Seconded by Councilman Porenta. Motion carried unanimously.

COUNCIL COMMITTEE AND BOARD REPORTS

Airport Board

Councilman Porenta reported the matter of unclean restrooms at the airport brought to the board’s attention by a concerned resident has been resolved. He said apparently wrong chemicals combined with hard water created the poor appearance of the restrooms.

SWEDA Support of Constitutional Amendment B

Councilman Porenta reported that he has information on Constitutional Amendment B that will be before voters on the general election ballot November 2. He said the amendment does not create a new tax, but will allow local authority to apply money from present revenue streams for economic development projects.

Methamphetamine Initiative

Councilman Gilbert informed council that Channel 13 will air a panel discussion on October 21 on aspects of the meth initiative underway in the city.

CORRESPONDENCE

The following correspondence was received: 1. a thank you note from Leslie and Rob McMillan, 2. a notice from YWCA of the Sweetwater County Support and Safe House’s candlelight vigil; 3. a letter from Eileen McCulley regarding condition of airport restrooms; 4. a letter from Greg Fischer and Ashley Clark regarding interest in purchasing the Fountain Club building on South Main; 5. a report from SWEDA on National Community Development Services’ feasibility analysis of business plans for future growth; 6. a notice from USA Federal Energy Regulatory Commission of an application filed by Entrega Gas Pipeline, Inc. for an interstate natural gas pipeline; 7. a chart from the Anti-Defamation League outlining acceptable religious displays on public property; 8. a notice from the Rock Springs Chamber of Commerce of their annual planning retreat; and 9. a request from Plumtree Village Homeowners Association for street maintenance within the Plumtree area.

Councilman Horn moved to inform Greg Fischer and Ashley Clark that the city is interested in selling the Fountain Club building and will offer it for sale through the bid process. Seconded by Councilman Tate. Motion carried unanimously.

Councilman Horn recommended sending a letter to the Plumtree Village Homeowners Association notifying them that the city cannot assume maintenance of streets on Plumtree property. Mayor Kaumo directed city engineer Paul Kauchich to research the condition of those streets and if they are not in conformance with city code, a letter will be drafted to refuse maintenance.

212

October 19, 2004

Councilman Horn moved to accept the correspondence and place it on file. Seconded by Councilmember Gilbert. Motion carried unanimously. BILLS AND CLAIMS

The following bills and claims were submitted for payment:

Ace Hardware $ 4,799.68 Eighty-Four Lumber 26.91 Adler, Sadie 18.00 Evanoff, John 11.49 Adolph Kiefer & Associates 180.51 Fales, Todd 16.41 Advanced Automotive 111.60 Farmer, D. Steven 98.92 Advanced Tele Systems 40.00 Fernandez, Paul E. 9.89 Allied Glass Service 64.43 Ferrero Electric 717.45 Alpine Office Supply 3,108.66 Fisher Scientific 378.52 Alsco-American Linen 2,599.69 Force America 673.12 American Leak Detection 12,300.00 Frontier West Const 21.62 American Red Cross 138.00 G E Franchise Finance .80 Anderson, Sheri 13.00 Galls Inc. 1,834.83 Animal Care Center 19.00 Gametime 4,227.00 Archibald, Travis 18.00 Gibbs, Rich 193.00 Armor Holdings Forensics, Inc 168.14 Giberson, Harold 110.00 Atco International 254.55 Goddard, Larry 16.79 Atwood, Frieda 37.00 Gorge Rock Layos, Inc. 817.50 Auto Parts Unlimited 677.38 Grainger, Inc. 1,055.61 AZ Commercial 120.34 Grand Junction Hsg. Auth. 453.00 Badger Installation Group 9,247.40 Grand Junction Hsg. Auth. 30.00 Barry, Ruth 91.43 Great Western Autoplex 28.61 Bauer Nike Hockey USA 212.44 Great Western Park & Playgrn -4,227.00 Behring, Carolena 8.34 Green River Star 68.25 Bennett’s Paint and Glass 224.96 Gutierrez, Ana Maria 37.00 Big W Supplies 959.42 Hafey Properties Ltd. 211.00 Bike Nashbar 128.90 Harsha, Brenda 13.00 Birdie Bert Company 259.40 High Security Lock & Alarm 979.55 Blossom, Tami 13.00 Hilty, Laura 13.00 Bostick, James A. 116.13 Homax Oil Sales, Inc. 274.45 Boyle Equipment Company 93.15 Hsg. Auth. Of Salt Lake City 1,042.00 Brannan, Vivian 2.77 Hsg. Auth. Of Salt Lake City 30.56 Brower Investments 300.00 Hruska, Pat 23.88 California Contractor Supply 189.60 Ice Skating Institute 325.00 Callas, Michael 325.00 Intermountain Concrete Spec. 426.30 Capelli, Antonio 19.52 Intermountain Record Ctr. 82.60 Cardon, Donald & Taresa 44.87 Int’l Code Council, Inc. 350.00 Casper Fire Extinguisher 68.00 Itech Hockey Company 1,190.11 Casper Star Tribune 1,485.00 J Bar Excavation 627.38 Center Street 66 Service 1,105.00 Jim’s Upholstery 650.00 Checker Auto Parts 2,266.13 Jirdon Agri Chem Inc. 68.13 City Auto Sales 895.26 Johnson, Cheryl 64.73 Cody Motel 225.11 Johnson, Everett L. 32.87 Collins, Evelyn Dorlee 16.45 Jt. Powers Water Board 244,592.93 Communication Technologies 2,444.50 Kaan, Daryl & Tina 33.34 Control Temp Specialists 337.50 Kaman Ind. Technologies 241.86 Coon, Ron & Gail 32.47 Kasseburg Canine Training Ctr 1,615.00 Copier & Supply Co. 1.32 Kellerstrass 1,115.10 Copyex LLC 219.96 Kersey, Brandon 40.12 Corporate Express 1,841.60 Kershisnik, Victor 10.68 Costume Shop 715.92 King Environmental Products 330.00 Crider, Duane 359.00 Kopy Korner 792.80 Crum Electric 605.78 KRKK-Am/KQSW FM Radio 535.68 Culligan Soft Water Svc 108.50 Kumpula, Donald 13.00 Dell 6,822.70 L.L. Johnson Distributing 2,324.00 Dex Media East LLC 55.49 L&L Rentals 485.00 Dial Oil, Inc. 13,722.96 Lamar Outdoor Advertising 250.00 Digital Select 14.99 Lane, James M. 50.16 Dominos 52.05 Lathrop Feed & Equip. 24.74

213

October 19, 2004

Lay, Walter 309.00 Ruiz, Amanda 25.00 Lewis & Lewis Inc. 183.89 Saunders, Heather 25.00 Lewis Tree Service 1,200.00 School Events 681.70 Lippincott Williams, Wilkins 47.48 Se-Me 448.99 Lyn Distributing 46.09 Shahan Weed & Pest Control 125.00 Lyon Network Services 1,277.50 Shantz, Norman 240.00 Macy’s Truck Repair 225.74 Sherwin Williams 356.14 Majhanovich, Richard 364.00 Sirchie laboratories 648.58 Matthew Bender 71.85 Sisneros, Maria 18.00 Maxwell, Don 7.69 Six States Distributors 31.03 MC Concrete 238.75 Skyline Prop Group LLC 409.00 McCurtain Motors 99.84 Sloan, Milissa 13.00 McFadden Wholesale 5,884.13 Smith Detroit Diesel 10.33 McGrew, Elwin 157.00 Smith, Don & Bonnie 24.81 McJunkin Corporation 18.02 Southwest Machine & Weld 490.00 Meadow Gold Dairies 463.17 Southwest Wy Wool Warehse 100.00 Mitchell, Alike 17.00 Spa World 111.90 Modern Marketing 306.55 Springer, Jon 11.31 Morcon Specialty Inc. 412.53 Staks 357.50 Moses, Jeffrey L. 85.84 Std Batteries of SLC 55.22 Myers, Jessica 13.00 Staroscik, Jason & Jennifer 109.99 National Rec & Parks Assoc 160.00 Statefire Sales & Service 103.95 Nelson Engineering 13,397.78 Sterling Communications 275.00 Nicholas & Company Inc. 506.64 Stromberg, Violeta 18.00 Northern Tool & Equipment 18.47 Sweetwater Co. Weed & Pest 1,620.00 Nu-Tech Specialties 1,761.33 Swtr. Co. Health Dept. 240.00 Ohana Properties 234.00 Sweetwater County Treas. 349.24 Oja, John 20.06 Sweetwater Feed & Tack 91.75 Oriental Trading Co., Inc. 874.76 Sweetwater Ford 641.20 Orlie’s Refrigeration & Htg. 745.50 Sweetwater Heights 174.00 Otteson, Heather 39.00 Sweetwater Heights 319.00 Pacific Power & Light 75,171.61 Sweetwater TV Co. Inc. 209.48 Pacific Steel—Recycling 215.90 Tarufelli Construction 21.68 Pandalis, John 246.00 Taucher, Maxine 13.32 Parker, Paul 288.00 The Network 1,727.50 Peckler, Matthew & Mary 11.35 Tip-Top Cleaners 32.00 Petty Cash—City Treasurer 84.27 Titleist 29.07 Ping 74.41 Trans Equip & Supply 114.02 Pitney Bowes Purchase Power 1,200.00 Trekell, Richard 18.00 Pitts, Gail 303.00 Tri-Tronics 164.85 PM Auto Glass Inc. 848.00 United Parcel Service 90.07 Postmaster 2,176.06 United States Welding Inc. -44.95 Printers’ Alley 644.83 United States Welding Inc. 44.95 Pro to Pro 39.00 US Specialty Coatings 739.00 Questar Infocomm Inc. 125.00 Van Diest Supply Co. 417.50 Qwest 1,701.12 Van Ettan, Paul 10.67 R & B Street Sweeping 725.00 Vaughn’s Plumbing 546.05 Radioshack Corporation 125.96 Vogel, Frank 37.29 Ramsey, Walter J. 72.19 Volvik golf Balls 322.53 Rapid Fire Inc. 204.00 Water Design Inc. 1,800.00 Raven Environmental Prod 630.50 Wells Fargo Card Svcs, Inc. 2,426.01 Ray, Wechonhpecala 37.00 Wells Fargo Remittance Ctr 534.33 Real Kleen Inc. 74.78 Westar 4,678.93 Recreation Supply Co. 42.35 Western Wyo Beverage 162.50 Reliable 104.32 Western Wyo Comm College 125.00 Respond First Aid Systems 555.31 Whisler Chevrolet Co. 1.96 Rock Gear Inc. 481.50 Wilkinson, Kimberly 34.00 R.S. Municipal Util 56,439.83 Williams, Carrie 13.16 Rock Springs Sch 1 E 229.90 Wilson, John 169.85 Rock Springs Sch 1 E 174.28 Wyo Dept of Revenue & Tax 1,532.68 Rock springs Winlectric 77.82 Wyo Environmental Svcs, Inc. 2,011.49 Rock Springs Winnelson Co. 13,040.19 Wyoming T2 Center 50.00 Rky Mtn Coatings LLC 650.00 Wyoming Work Warehouse 286.99 Rocky Mtn Service Bur 82.82 Yerkovich, John 420.00

214

October 19, 2004

Total $548,686.17

215

October 19, 2004

Report Checks for October

AFLAC Insurance Employee Premiums $ 1,680.88 Highmark Life & Casualty Employee Premiums 1,460.00 Equitable Life Employee Deferred 725.00 ICMA Retirement Corp Employee Deferred 8,041.10 Great-West Life Annuity Employee Deferred 4,096.00 AFSCME Local #1004 Employee Dues 24.75 Colonial Life & Accident Employee Premiums 88.72 Wyo Child Support Enf Child Support Payments 4,259.45 State of Idaho Child Support Child Support Payments 249.00 RS Firefighter Assn #1499 Employee Dues 1,102.00 Sweetwater Co. Court Employee Garnishments 320.24 US Dept of Education Employee Garnishments 231.06 RS City Treasurer Employee BCBS Reim 18,063.26 NCPERS Group Life/Prudential Group Life Employee Deduc 813.00 New York Life Ins. Employee Premiums 86.46 RS Police Protective Assoc Employee Dues 380.00 UMWA/OAW Local #4893 Employee Dues 971.02 United Way of Swtr. Co. Employee Deductions 233.70 Waddell & Reed Financial Svcs Section 529 Plan 100.00 Wyo Retirement System Fire Benefit City/Emply 28,719.60 Wyo Workers Comp Employee Benefits 27,552.61 Wyo Workers Comp Work Restitution Workers 20.97 Wyo Retirement System Employee Benefits 51,918.47 Wyo Retirement System Law Enforcement 40,723.32 Swtr. Fed. Credit Union Employee Deductions 49,623.15 Internal Revenue Service Electronic Fund Transfer 125,451.30 Total $366,935.06

October 5 Salaries $584,292.59

Councilmember Gilbert moved to approve the bills and claims for October 19 and the October 5 salaries. Seconded by Councilman Shea. Motion carried unanimously.

NEW BUSINESS

Councilman Kourbelas moved to approve a request from the Department of Engineering and Operations to purchase water tank vent shrouds from Liquid Engineering. Seconded by Cuoncilmember Gilbert. Motion carried unanimously.

Councilmember Gilbert moved to approve a request from the Chamber of Commerce Retail Committee for street closures on December 4 for the lighted Christmas parade route.

Counciman Tate moved to approve a request from Good Times, Inc. dba Johnny Mac’s for liquor catering permits for the Cowboys Against Cancer fundraiser on November 6 at the events complex and for Jazz on the Bayou, Ronnie Kole Concert, at the White Mountain Golf Course restaurant on November 13. Seconded by Councilman Shea. Motion carried unanimously.

RESOLUTIONS

Resolution 2004-201, A RESOLUTION ACCEPTING AND APPROVING A MASTER ENGINEERING SERVICES AGREEMENT WITH VECO USA, INC. FOR THE GATEWAY BOULEVARD EXTENSION PROJECT, was read by title. Councilman Kourbelas moved to accept Resolution 2004-201. Seconded by Councilman Shea. Councilman Tate asked if alternating council liaisons could be

placed on the professional services review committee in order to keep council informed. Councilman Horn asked why this agreement is not being awarded to the low bidder. Mr. Kauchich responded that Wyoming Business Council’s Business Ready Community grants do not require contracts to be awarded to lowest bidders and they had no reservations about this selection since the city has a match amount budgeted. He opined that awarding the contract to the higher bidder will not jeopardize future grant applications. He said from his experience it is not uncommon to select a bid that is not the lowest one. Councilman Kourbelas asked him the reason for that. Mr. Kauchich replied that in some instances the low bidder is not as qualified as a higher bidder, and the committee feels it is beneficial to spend more to get better service. Councilman Horn asked if he expected any change orders. Mr. Kauchich responded that the professional services contract is a set amount, not to exceed the price quoted. Mayor Kaumo asked if there is a force account. Mr. Kauchich said there is a $20,000 contingency on both the engineering and the construction contract. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Horn, and Gilbert; opposed: Councilman Porenta; abstained: Mayor Kaumo; absent: Councilman Banks. Motion carried.

Resolution 2004-202, A RESOLUTION AUTHORIZING THE INTENT OF TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, TO FILE AN APPLICATION FOR A 2004 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT, was read by title and tabled by previous action.

Resolution 2004-203, A RESOLUTION DECLARING THE INTENTION OF THE MAYOR AND COUNCIL OF THE CITY OF ROCK SPRINGS, WYOMING TO VACATE A PORTION OF THE “H” STREET RIGHT-OF- WAY OF THE CENTRAL COAL & COKE COMPANY’S FIRST ADDITION TO THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Horn moved to approve Resolution 2004-203. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo; absent: Councilman Banks. Motion carried.

Resolution 2004-204, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY PLAT OF DAVIS SUBDIVISION AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, AND COVERING A 6.967-ACRE TRACT OF LAND DESCRIBED AS TRACT “A” OF THE SPRINGLAND ADDITION TO THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Horn moved to approve Resolution 2004-204. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Horn, Porenta, and Mayor Kaumo; absent: Councilman Banks. Motion carried.

Resolution 2004-205, A RESOLUTION DECLARING THE SUPPORT OF THE CITY OF ROCK SPRINGS FOR THE PASSAGE OF CONSTITUTIONAL AMENDMENT B IN THE NOVEMBER 2004 GENERAL ELECTION, was read by title. Councilman Porenta moved to approve Resolution 2004-205. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo; absent: Councilman Banks. Motion carried.

Resolution 2004-206, A RESOLUTION ACCEPTING A COST-SHARE GRANT FROM THE WYOMING STATE FORESTRY DIVISION, was read

217

November 2, 2004

by title. Councilman Tate moved to approve Resolution 2004-206. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Shea, Cheese, Porenta, Horn, Gilbert, and Mayor Kaumo; absent: Councilman Banks. Motion carried.

ORDINANCES

Ordinance 2004-18, AN ORDINANCE ESTABLISHING THE RATE OF INTEREST ON THE INSTALLMENTS OF ASSESSMENTS FOR THE CITY OF ROCK SPRINGS, WYOMING, SUNSET DRIVE SEWER IMPROVEMENT DISTRICT NO. 127, was placed on third reading and read by title. Councilman Kourbelas moved to approve Ordinance 2004-18. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Gilbert, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo; absent: Councilman Banks. Motion carried.

Ordinance 2004-19, AN ORDINANCE AMENDING ARTICLE 13-8 OF THE ORDINANCES OF THE CITY OF ROCK SPSRINGS, WYOMING ENTITLED, “ZONE DISTRICT REGULATIONS” AND PERTAINING TO ADULT DAYCARE AS CONDITIONALLY PERMITTED USES ACCESSORY TO A RESIDENCE, was placed on third reading and read by title. Councilman Horn moved to approve Ordinance 2004-19. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Horn, Porenta, and Mayor Kaumo; absent: Councilman Banks. Motion carried.

Ordinance 2004-20, AN ORDINANCE REZONING A 40,000 SQUARE FOOT PARCEL OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, DESCRIBED AS LOTS 3, 4, 5, 6, AND 7, BLOCK 24, ORIGINAL TOWN PLAT OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-2 (LOW DENSITY RESIDENTIAL) TO THE ZONING DESIGNATION OF B-3/CD (CENTRAL BUSINESS DISTRICT/CONDITIONAL DISTRICT), was placed on second reading and read by title.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 9:26 p.m.

XX20a

City council met in special session on October 27, 2004. Mayor Kaumo called the meeting to order at 5:30 p.m. Members present included Councilmen Steve Shea, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo; absent: John Cheese. Department heads present included Michael Lowell, Vess Walker, Brad Sarff, Paul Kauchich, Dan Erramouspe, and senior accountant Lisa Tarufelli.

The meeting was called to act on tabled Resolution 2004-202.

CORRESPONDENCE

Councilmember Gilbert moved to accept a letter submitted by Third Judicial District Judge Nena James espousing the services provided by the Sweetwater

218

November 2, 2004

County Department of Juvenile Probation and its truancy program. Seconded by Councilman Horn. Motion carried unanimously.

RESOLUTIONS

Councilman Shea moved to remove Resolution 2004-202 from table. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Shea, and Mayor Kaumo; absent: Councilman Cheese. Motion carried.

Resolution 2004-202, A RESOLUTION AUTHORIZING THE INTENT OF TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, TO FILE AN APPLICATION FOR A 2004 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT, was read by title.

Mike Wilder, director of the Sweetwater County Department of Juvenile Probation, explained there is a November 1 deadline to apply for the 2004 Juvenile Accountability Block Grant. In order to apply for the grant, he said his department needs funding commitments from the cities of Rock Springs and Green River and Sweetwater County. However, this year because of federal cutbacks in funding to noncompliant communities, his department is seeking in-kind contributions in addition to cash matches to enable them to keep a full staff to handle probation cases.

The following issues were discussed at length:

• Concern that the City of Rock Springs’ share of in-kind contributions requested is disproportionate, notwithstanding the majority of truancy cases are from Rock Springs. Allocations requested: Green River, $16,200; Sweetwater County--$6,682; Rock Springs--$32,543. • Questionable method used to determine the percentage each of the three entities was asked to subsidize the program’s $55,425 deficit. • The importance the program plays in addressing deviant behavior before it is too late. • The positive effect of utilizing the grant to conduct drug testing in high schools resulting in the detection of methamphetamine and marijuana use. Questions whether drug testing could continue if the probation office is unable to retain full staffing. • The success of the program—75 referrals in 2004 resulting in 36% cases currently being supervised, 51% cases completed with continued success, and 13% unsuccessful cases. • The municipal court judge strongly supports the truancy program since city court records show misdemeanor offenses are for a great part tied to truancy. • If the program is downsized, city-wide ramifications will result. • If the new Sweetwater County jail is compliant with federal mandates, will the county receive a greater award from the federal government in the future or must the entire state be compliant for the county to benefit. • With growth in the city, the truancy program needs to be strengthened rather than reduced. • With the exception of the grant, the county fully funds the Department of Juvenile Probation. Sweetwater County has placed the burden of funding the grant with the cities since they have agreed to pay their share only if the cities approve theirs.

219

November 2, 2004

• Since the city already pays wages for three resource officers dedicated solely to School District No. 1 and since truancy problems emanate from schools, School District No. 1 should be asked to shoulder a portion of the grant. • Because of the extent of truancies, the city has no other choice than to expand the role of resource officers within schools. • A great percentage of truancy cases heard in district court involve Rock Springs students who then become clients of the probation office. Cases from Rock Springs municipal court could conceivably be referred to the probation office in the future. • The city has historically shared in funding the program. • Since the root of this dilemma lies in the funding authority, and given statistics of only 8 or 9 city cases handled by district court, the level of past funding seems appropriate. Other incidents that occur within the city are also city problems, yet they are referred to a county-funded operation and adjudicated without any funding from the city. • Probation officers affected by this grant are paid solely by the grant and not by the county. Appears county commissioners have not evaluated need for positions. • Unlike crimes against the state, truancy problems are ongoing and probationary measures are used to preempt problems down the road. • Truancy affects approximately one-fifth of the school population. • Funding for both the grant match and in-kind appropriation must be approved before application can be made. • Bottom line—should the city help fund what is felt to be an unfair share of a necessary program.

Councilman Horn moved to approve Resolution 2004-202 by contributing a cash match of $613 for the 2004 Juvenile Accountability Incentive Block Grant including an additional $31,930 with the understanding that council meet with the school district, the county and city of Green River to discuss sharing the cost more equitably in the future. Seconded by Councilmember Gilbert.

Discussion continued.

• Other worthy city programs were denied during the budget process because of lack of funds. • Neither the school district nor the county participate in funding any portion of the city’s resource officers’ salaries. Furthermore, the city had to take money from reserves in order to hire additional officers for city use since three officers are dedicated to schools. • School resource officers do not handle truancy problems. • Since only 27 clients are presently under supervision in the truancy program additional city funding is not justified. • Too risky to lose program this year.

Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Shea, Tate, and Mayor Kaumo; opposed: Councilmen Porenta and Kourbelas; absent: Councilman Cheese. Motion carried.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 6:40 p.m.

220

November 2, 2004

XX21

City council met in regular session on November 2, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson.

Councilman Kourbelas moved to accept the amended agenda. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Shea moved to approve the October 19 minutes and the October 27 special council minutes. Seconded by Councilmember Gilbert. Motion carried unanimously.

BID OPENINGS:

Family Recreation Center Coed Spa Replacement

Intermountain Aquatech, Inc. Sandy, UT $61,729.00

Sewer Cleaning Truck

Hi-Vac Aquatech Model B-5; Terex Utilities West Salt Lake City Sterling L8500 Chassis $202,905.00

Jack’s Truck & Casper Vactor 2105; $255,990.00 Equipment Sterling LT9513 Chassis Vactor 2105; $240,129.00 Sterling LT8513 Chassis Vac-Con Model VPD4209; $265,626.00 Sterling LT9501 Chassis Vac-Con Model V309LHA; $213,846.64 Sterling LT7501 Chassis

Two Decontamination Shelters and Equipment

Wheatland Fire Wheatland Zumro Model 311 $38,090.35 Equipment Co. Zumro Model 216 21,034.60 $59,124.95

All bids were accompanied with bid bonds. They were referred to respective departments for review and recommendation at a future council meeting.

Housing Insurance

Fire and Extended General Liability Boiler Premium+State Tax Premium+State Tax Premium Wyoming $38,795+$1,163.85 $ 9,900+$657.50 Included Financial Ins Rock Springs ($5,000 deductible) Tegeler and $10,960 Associates Rock Springs No Bid ($1,000 deductible) No Bid

Bid bonds were not required. The bids were referred to the Housing Department for review and recommendation at a future council meeting.

COMMENDATIONS

221

November 2, 2004

Mayor Kaumo presented a plaque and T-shirt to Tim Thompson for his service in Kuwait and throughout the Middle East during Operation Iraqi Freedom. Mayor Kaumo praised him for his patriotism and said his name will be added to the plaque to be permanently placed in city hall.

PRESENTATIONS

SWEDA Report

Pat Robbins, director of SWEDA, thanked the city not only for its monetary support, but for the leadership afforded to SWEDA by city engineer Paul Kauchich and Councilman Porenta, current president of the association. She then presented council with the association’s fiscal year 2004 audit.

Ms. Robbins said the new Halliburton building located on Blair Avenue is impressive and an asset to the state. She said this is their second expansion since 1948 when they first engaged in business in Rock Springs.

Ms. Robbins said along with growth, the county is now experiencing limited human resources. She expressed concern that retail, accommodations, service and industrial jobs lack work force. To help relieve the situation a work force summit is taking place with representatives from Three Seasons Employment, an international employment recruitment service from Colorado, Nation Job, Manpower, SOS and the Wyoming Employment Center to help with recruiting needs. She invited council and representatives from industry to attend the summit and offer input. She said one of the reasons for a limited work force is a shortage of child day care. A seminar has been scheduled to try to match resources and programs for those interested in providing the service. Councilmember Gilbert encouraged council, school board members and parks and recreation staff to participate in the seminar to help find solutions for remedying the shortage. City planner Laura Crandall suggested council review the zoning ordinance that only allows day care centers to be located in business districts. She said buildings in business districts are usually more expensive to purchase or lease and start-up costs may prohibit an operator from opening a day care. Mayor Kaumo said he will contact School District No. 1 superintendent Paul Grube about the possibility of using closed school buildings for this purpose.

Ms. Robbins said a five-year plan for economic development within the county is being formulated drawing from a broad base of input from community and business leaders. A consultant from NCDS in Atlanta is surveying business and community leaders seeking candid responses to determine economic development needs. She said thus far the firm is overwhelmed by the hospitality of participants. Ms. Robbins expressed thanks to the city and Planning Department staff for their efficiency in accommodating new business and projects. She also commended county leaders for their willingness to serve.

Joint Powers Water Board Report

Ben Bracken, general manager of the Joint Powers Water Board, notified council that the board applied to the Wyoming Water Development Commission to seek funding for system upgrades to their Master Plan. He said the board is interested in identifying service areas and prioritizing demands. He said because utility extensions will impact the cities of Green River and Rock Springs and Sweetwater County, he is seeking input from policy makers of those entities as well as from the chambers of commerce and economic development groups to determine what is realistically workable. He said a meeting has been scheduled to discuss practices and policies that impact planned growth and economic development. The

222

November 2, 2004

goal of the meeting is to develop better communication, coordination and cooperation among all entities and to resolve jurisdictional boundary issues in order to establish a unified effort in which to better approach legislature for funding. He encouraged council to take part in the workshop.

PUBLIC HEARINGS

Vacation of H Street Right-of-Way of Central Coal & Coke Company’s First Addition

There were no comments. Action to be taken under Resolution 2004-209.

Request to Amend the Comprehensive Master Plan Use Map from Light Intensity Residential (LIR) to High Intensity Residential (HIR) for a Tract of Land in Mountain View Subdivision Filed by IGC Management, Inc.

Carla Maslowski, 2740 Santa Cruz, spoke in opposition to the amendment. She said her house faces the proposed development and since the tract is situated on a slope, the proposed development would not only obscure her view of White Mountain, but she would be able to see directly into the homes. She said the property is now zoned for single family residential, which she does not object to; but she does object to the type of housing proposed by Kevin Keller of IGC Management. She said with apartments already being built in the area, a need no longer exists for additional multi-family dwellings. She said “Apartment for Rent” ads in the local newspaper bear that out. Councilman Kourbelas asked if she objects to duplexes being constructed on the property since they would be about the same height as single-family homes. Ms. Maslowski said she objects because they are lower priced homes and would decrease the value of her property.

Councilman Horn asked if Mr. Keller is proposing to put in duplexes or an apartment building. Ms. Crandall responded that there are two parts to this application. The first part involves amending the Master Plan. The second part is amending the zoning map. But because the Planning and Zoning Commission denied the Master Plan amendment, the amendment to the zoning map did not carry forward. She said it is her understanding that the applicant wishes to amend the Master Plan in order to rezone the property from low intensity residential (LIR) to high intensity residential (HIR) after which the zoning map would be amended to allow R-4, R-5 and R-6 zoning districts. She said an R-4 district would allow two- family, three-family and four-family structures and town homes, but not apartments. Ms. Crandall said in 1982 when the Master Plan was adopted no immediate plans for development was anticipated and undeveloped land was zoned R-1. But as stricter uses are requested, the map must be amended. However, she advised that in order to amend the Master Plan four findings of fact must be proven.

Councilman Kourbelas asked for confirmation that the request before council is to amend the Master Plan from LIR to HIR and that the LIR designation allows for R-1, R-2, and R-3 zones. Ms. Crandall said that is correct adding that R-3 zones allow for duplexes or single-family dwellings. She said if these uses are the applicant’s intent, a zone change would be required to go from R-1 to R-3 to conform with the zoning map. However, there would be no need to amend the Master Plan. Quoting from the October 13 Planning and Zoning Minutes, Councilman Kourbelas said Mr. Keller of IGC Management stated “. . . this request is basically about lot size. The requested zoning will allow for 3500 square-foot lots.” Councilman Kourbelas said it is his understanding the reason Mr. Keller wants to amend the Master Plan with a subsequent zone change to R-4 is to accommodate smaller lot sizes. Ms. Crandall explained that smaller lot sizes could also be accomplished under an R-3 zone with a Planned Unit Development (PUD) overlay.

223

November 2, 2004

Councilman Kourbelas warned that the city follows two maps and a person buying property may misunderstand that although it is zoned R-1 on the zoning map the Master Plan Use Map could indicate other proposed zone designations. He said changes to the Master Plan should be anticipated when undeveloped property is purchased. Councilman Banks added that since the Master Plan was adopted in 1982, it is reasonable to assume it may need modification. Decisions with regard to it should be flexible enough to satisfy needs of the community. Councilman Kourbelas agreed that the Master Plan needs to be reviewed, but since developed land which borders three sides of the proposed parcel are already zoned R-1, existing zoning should be followed in this case. Councilman Horn said the Westridge area has recently been hit hard with construction of multi-family dwellings and there does not seem to be demand for more at this time.

Councilman Porenta argued that using his own home as an example, property values do not decrease when multi-family dwellings are constructed nearby. He said he does have questions for the petitioner and wishes he were present to address them. Mayor Kaumo agreed with Councilman Porenta regarding property values. He said the main reason properties decrease in value is due to lack of maintenance. Doug Gilchrist, 2736 Santa Cruz, said if given a choice, rational people would prefer to purchase a home surrounded by other single-family homes as opposed to one surrounded by multi-family dwellings. He said although it may not drive down the value, it makes such homes less attractive to future buyers. He said there are many areas in the city where multi-family dwellings could be built that would not detract from the salability of surrounding properties. He said allowing multi-family construction that may detract from the salability of existing homes should be the last resort, not the first.

In order to allow the petitioner to present his plan, Councilman Kourbelas moved to table action until the next council meeting. Seconded by Councilman Porenta. Motion carried unanimously.

PETITIONS

There were no petitioners.

OFFICERS AND STAFF REPORTS

Councilmember Gilbert moved to approve the Bar Incident Report for October. Seconded by Councilman Kourbelas. Motion carried unanimously.

COUNCIL COMMITTEE AND BOARD REPORTS

Fiber Optics Telecommunications Board

Councilman Shea reported that the Sweetwater County commissioners approved a contract with the telecommunications board to install lines to the county building on C Street to provide communication between the sheriff’s office and other government entities as well as to expand e-911 services. He said the commissioners asked the board to consider a line to the new jail as well. In other business, the board has given Metronets six months to resolve a fiber-to-the-home project. The extension will not cost the cities or the board but rather Metronets will be paid from customer fees if the plan is successful.

State’s Surplus Revenues

224

November 2, 2004

Mayor Kaumo urged council members, staff and the public to appeal to state legislators for a share of the state’s $864 million in reserves. He said he has emailed every mayor in Wyoming for their list of priorities that can then be combined into a single message to be presented to legislature. He explained that even though the city’s sales tax revenues are up, funds are needed from the state to make up for those taken away by them through de-earmarking. He stressed that city services and needs have increased with growth and drug problems and revenues are not keeping up.

Councilman Kourbelas added that while the state is benefiting from mineral development, only a few communities within the state feel the impact of that development. Rock Springs is one of those communities, yet the state is overlooking our needs and has capped Rock Springs’ revenues the same as non- impacted communities. While most communities do not feel the urgency of competing for state revenues, impacted communities need help. He emphasized that it is easier to balance the budget during bust times when the need for services is not as great. Mayor Kaumo added that the strain on the city budget makes it difficult to even come up with matching funds for grants. He said it is unfair to have to tax citizens when the state is experiencing such a surplus. He assured the public that Rock Springs will compete wholeheartedly for surplus funds from the state and noted with current reserves, the city could operate for only three months.

Meth Initiative

Councilman Gilbert announced an all-committee meeting of the meth initiative program will meet on November 8 to discuss upcoming plans.

CORRESPONDENCE

The following correspondence was received: 1. a note from Cowboys Against Cancer thanking the city for its donation to their auction; 2. a letter from Sweetwater County Salvation Army requesting bell ringers from November 26 to December 24; 3. a letter from Vista Bible Church in support of Ordinance 2004-20; 4. a request from Sweetwater County Economic Development Association for their quarterly budgeted appropriation; 5. a letter from Herberger’s inviting city participation in their Community Day Event on November 20; and 6. a reminder form the Wyoming Office of Homeland Security of the city’s deadline for expending grant monies. Councilman Banks moved to accept the correspondence. Councilman Horn asked if the mayor would reply to Herberger’s request to which the mayor replied he would. Motion carried unanimously.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

A&G Plumbing $ 45.00 Center Street 66 Service 280.00 Albertsons Food Center 119.22 Chemsearch 615.25 Ameri-Tech Equip. Co. 515.10 City of Green River 870.00 Amer Alliance for Health 150.00 City of Rock Springs 191,894.27 ARC3 24,050.00 Consolidated Fleet Services 776.40 Bauer Nike Hockey USA 1,082.45 Control Temp Specialists -337.50 Bicentennial Apt Village 19,332.00 Costume Shop 163.98 Bloedorn Lumber 2,469.08 Cover IT Instant Garages 202.00 Blue Cross-Blue Shield 21,842.31 Day-Timer 45.98 Bowman Distribution 185.09 DeBernardi Construction 11,526.70 Bush-Wells Sporting Goods 180.68 DeBernardi Construction 10,592.10 Cappellotti, Morgan 81.00 DeBernardi Construction 9,034.44 Caudill, Katie 40.00 DeBernardi Construction 328,336.35 Caudill, Katie 10.00 Digital Select 46.98

225

November 2, 2004

Emergency Medical Prod 463.47 Rock Springs Auto Body 90.00 Engineering Co. 51,301.37 Rock Springs IV Center 1,123.93 Equifax Credit Information 5.00 R.S. Jackson Busline 4,050.00 Fastenal Company 28.58 Rock Springs Newspapers 3,801.45 Ferlic, Frank 117.55 R.S. Recycling Center 3,750.00 Ferrero Electric 524.85 Rky Mtn Turf & Ind Equip. 1,531.18 Force America 510.75 Ron’s Ace Rental 2,255.89 Galls Inc. 418.52 Sa-So Company 257.55 Gator USA 233.90 Sanborn Map Co., Inc. 50,972.40 Gorge Rock Products 3,652.68 Seals, Nick 75.00 Hall, Ron 380.00 Six States Distributors 59.14 Hansen, Barnett & Maxwell 19,000.00 Staks 11.00 Hartford Fire Insurance Co. 889.00 Standard Batteries of SLC 79.89 High Secur Lock & Alarm 45.00 Sterling Communications 112.50 Highmark Life Ins. Co. 776.22 Strategic Supply 127.67 Horrocks Engineers, Inc. 739.19 Sunrise Environ Scientific 283.01 Hose & Rubber supply 24.42 SWEDA 5,000.00 Housing Authority of SLC 135.00 Sweetwater County Clerk 47.00 Huffy Sports Canada 143.91 Sweetwater County Court 4,253.00 Indo-American Engineering 1,821.34 Sweetwater County Treas. 1,895.76 Inter-Mountain Laboratories 1,445.50 Sweetwater Heights 323.00 Intermountain Record Ctr 104.85 Sweetwater TV Co. Inc. 70.00 Jack’s Heavy Equip Inc. 81.85 Tabuchi, Ryan 75.00 Jackman Construction, Inc. 25,257.67 Tegeler & Associates 146.00 Kauppila, Robert 208.39 The Vac Shop 31.90 Kopy Korner 85.38 Tire Den Inc. 3,185.20 Leibee Precision Machine 1,942.00 U.s. Tech 681.00 Lewis & Lewis Inc. 9,206.54 UBTA-UBET Communica 98.72 Life Fitness 47.33 UC Power 399.00 Lundell, Shara 18.00 Unisen, Inc. 856.29 M & N International 158.27 United Parcel Service 65.09 M. Lee Smith Publishers 197.00 United Pentecostal Church 184.00 McCarthy-Sorensen Athlet 475.40 United Reprographic Supply 95.00 McLeod USA 838.69 United States Welding Inc. 16.70 Medtronic Physio Control 144.74 Upper Limits Fitness 355.00 Memorial Hosp of Swtr. Co. 100.00 Utility Technical Service 14,000.00 Montreal Hockey Co. 999.13 Vaughn’s Plumbing 434.70 Mountainaire Animal Clinic 30.00 Verizon Wireless 2,538.82 Mountainland Fire Protect 305.45 Voodoo Holds 63.41 Murray Sandler Skate 347.50 Walmart Community Brc 3,919.65 NASRO 295.00 Webb, Regina 150.00 Newman Signs 738.00 West Group Payment Ctr 1,997.54 Normont Equipment 2,935.00 Western Wyo Beverage 157.50 Nu-Tech Specialties 1,684.90 Western Wyoming College 125.00 Oakridge Development, Inc. 39,613.01 Wheatland Fire Equip. Co. 357.89 Ohana Properties 31.00 Wilkinson, Charles Jr. 380.00 Old Dominion Brush 3,671.17 Williams, Carrie 33.55 Optio Software 3,071.55 Williams, Penny 150.00 Orkin Exterminating 251.14 Wire, Morgan 75.00 Pacific Power & Light 1,757.42 WWQ & PCA 550.00 Paisley and Barnes Striping 5,114.53 Wyo Assn of Municipalities 20.00 Parr, Monetta 35.45 Wyo Dept Transportation 63,523.48 Peden’s Inc. 378.91 Wyo Assoc of Housing 25.00 Piedra, Sindy 35.00 Wyo Housing Network, Inc. 25.00 Plummer, Deborah 150.00 Wyo Law Enf Academy 524.00 Power Music 264.40 Wyo Transportation Dept 114.76 Questar Gas 12,575.39 Young Electric Sign Co. 207.00 Qwest 5,294.44 Zep Mfg Co. 456.28 R.T. Rentals 300.00 Total $1,003,018.88 Radioshack Corporation 24.99 Real Kleen Inc. 54.62 Reliable 239.98 Reliable Hockey 328.87 Rink Systems 633.94

226

November 2, 2004 Report Checks for October 20

Employee Garnishments Employee Deductions $ 363.74 Internal Revenue Service Electronic fund Transfer 88,057.65 Swtr. Fed Credit Union Employee Deductions 29,113.24 Wyoming Child Support Child Support Payments 249.00 Total $117,783.63

October 20 Salaries $361,276.09

Councilman Shea moved to approve the bills and claims for November 2 and the October 20 salaries. Seconded by Councilman Horn. Motion carried unanimously.

UNFINISHED BUSINESS

Councilman Kourbelas moved to accept a recommendation from the Building Committee to grant a lease for the golf course clubhouse to Mr. C’s during the month of December. Seconded by Councilmember Gilbert. Director of Parks and Recreation Dave Silovich commented that the request excludes December 10 and that Mr. C’s must post a cleaning deposit. Motion carried unanimously.

NEW BUSINESS

Councilmember Gilbert moved to approve a request from the Department of Engineering and Operations to call for bids on a tandem dump truck for the Water Department. Seconded by Councilman Shea. Councilman Horn asked Mr. Kauchich to investigate purchasing a used truck before bids are sent out. Mayor Kaumo said proposals should include warranties. Motion carried unanimously.

Councilman Horn moved to approve a request from the Police Department to purchase five used police package vehicles from Salt Lake County Fleet Management. Seconded by Councilman Shea. Motion carried unanimously.

Councilman Kourbelas moved to approve a request from the Wyoming Retirement System for support of a referendum for Medicare coverage for paid firefighters and certain police positions. Seconded by Councilman Cheese. Motion carried unanimously.

Councilman Tate moved to approve a request from the Parks and Recreation Department to apply for a Joint Travel and Tourism grant for the Shootout in the Springs and Drop-In Hockey tournaments. Seconded by Councilman Horn. Motion carried unanimously.

Councilman Horn moved to authorize holiday gift certificates at the same level as last year for qualifying employees. Seconded by Councilmember Gilbert. Motion carried unanimously.

RESOLUTIONS

Housing Resolution 2004-207, A RESOLUTION ACCEPTING AND APPROVING CHANGE ORDER NO. 2 WITH FOREST LINE CONSTRUCTION, LLC, 9334 South 370 West, Sandy, UT 84070 IN THE AMOUNT OF $2,160.06 TO DO ADDITIONAL WORK AT CENTURY SQUARE ON THE SIDING CONTRACT AND AUTHORIZING TIMOTHY A. KAUMO IN HIS CAPACITY AS CHAIRMAN OF THE HOUSING COMMISSION TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE ROCK SPRINGS

HOUSING AUTHORITY, was read by title. The change order is for additional concrete work, but the total cost of the contract remains under the bid price because of an earlier reduction. Councilman Banks moved to accept Resolution 2004-207. Seconded by Councilman Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Housing Resolution 2004-208, A RESOLUTION AUTHORIZING TIMOTHY A. KAUMO, ACTING IN HIS CAPACITY AS CHAIRMAN OF THE ROCK SPRINGS HOUSING AUTHORITY BOARD TO APPROVE A REVISED ADMINISTRATION PLAN FOR THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM, was read by title. Councilman Horn moved to approve Resolution 2004-208. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo. Motion carried.

Resolution 2004-209, A RESOLUTION TO VACATE AND TRANSFER BY QUITCLAIM DEED A PORTION OF THE “H” STREET RIGHT-OF- WAY OF THE CENTRAL COAL & COKE COMPANY’S FIRST ADDITION TO THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Horn moved to approve Resolution 2004-209. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo. Motion carried.

Resolution 2004-210, A RESOLUTION ACCEPTING AND APPROVING A TECHNICAL SERVICE SUPPORT AGREEMENT WITH MEDTRONIC PHYSIO-CONTROL CORP., FOR THE MAINTENANCE OF LIFEPAK 12 EQUIPMENT AT THE ROCK SPRINGS FIRE DEPARTMENT, was read by title. Councilmember Gilbert moved to approve Resolution 2004-210. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo. Motion carried.

ORDINANCES

Ordinance 2004-20, AN ORDINANCE REZONING A 40,000 SQUARE FOOT PARCEL OF GROUND WITHIN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, DESCRIBED AS LOTS 3, 4, 5, 6, AND 7, BLOCK 24, ORIGINAL TOWN PLAT OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING FROM THE ZONING DESIGNATION OF R-2 (LOW DENSITY RESIDENTIAL) TO THE ZONING DESIGNATION OF B-3/CD (CENTRAL BUSINESS DISTRICT/CONDITIONAL DISTRICT), was placed on third reading and read by title. Councilman Horn moved to approve Ordinance 2004-20. Seconded by Councilman Porenta. Councilman Shea stated this rezoning issue has been difficult for the neighborhood. He urged the applicants to do all they can to minimize parking concerns. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Cheese, Shea, and Mayor Kaumo; abstained: Councilman Tate. Motion carried.

Ordinance 2004-21, AN ORDINANCE AMENDING SECTIONS 302 AND 303 OF THE PERSONNEL POLICIES AND PROCEDURES OF THE CITY OF ROCK SPRINGS ENTITLED, “SENIORITY AND THE SELECTION OF EMPLOYEES,” AND “SELECTION,” was placed on first reading and read by title.

ADJOURNMENT

228

November 16, 2004

There being no further business to come before council, the meeting was adjourned at 8:34 p.m.

XX22

City council met in regular session on November 16, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen Steve Shea, John Cheese, David Tate, Neil Kourbelas, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo; absent: Kathy Gilbert. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson.

Councilman Banks moved to accept the amended agenda. Seconded by Councilman Shea. Motion carried unanimously.

Councilman Banks moved to approve the November 2 minutes. Seconded by Councilman Porenta. Motion carried unanimously.

COMMENDATION

Military Service

Mayor Kaumo presented a plaque and T-shirt to Mr. and Mrs. Lloyd Welty, Sr. on behalf of Lloyd Welty, Jr. for his military service in Baghdad during Operation Iraqi Freedom. Mayor Kaumo said the city appreciates their son’s efforts to preserve our freedom.

Employee Recognition

Mayor Kaumo recognized Becky Costantino and Annette Johnson for service to the city in their capacities as executive assistant to the mayor and deputy city clerk respectively.

APPOINTMENTS

President Shea presented the mayoral appointment of Cindy Bailey to serve on the Joint Powers Lodging Tax Board. Councilman Cheese moved to approve the appointment. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Kourbelas, Tate, Cheese, and Shea; absent: Councilmember Gilbert. Motion carried. The appointment was confirmed.

PETITIONS

Fluoridation

Brian Hunsaker, DDS, representing the Sweetwater County Board of Health, advised that the board is formulating plans for an initiative to be placed on a future ballot to fluoridate potable water within the county. He said the board feels this is an important health measure and they will be seeking approval from the cities of Green River, Rock Springs, Sweetwater County and the water board before going to a public vote. Mayor Kaumo said council will discuss the issue at their December 13 workshop.

229

November 16, 2004

New Year’s Eve Rides

Judy Owens, director of STAR Transit, requested city sponsorship of rides on New Year’s Eve. She asked the city to sponsor two busses for a total of 16 hours at $36/hour. Each rider will be charged $2 and the amount collected will be deducted from the total cost to the city. Councilman Banks moved to accept sponsorship. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, and Mayor Kaumo; absent: Councilmember Gilbert. Motion carried.

PETITIONS

Bill Valdez, owner of Performance Auto, 303 Elk Street, chided the front- page article in the Rocket Miner pertaining to WyDot’s intention to demolish his business and the erroneous amount he reportedly was asking for the building. WyDot intends to purchase buildings located on the west side of the 100-300 blocks of Elk Street to be demolished in order to begin construction of the A Street viaduct and widen the Elk Street approach to the viaduct. He said contrary to the newspaper report he is not seeking $500,000 from the state, but he would hope they would relocate his business. As a businessperson he is concerned for his lilelihood and that of his son’s, who is also in the business, if the building is demolished and he is unable to relocate at a fair cost. He indicated that the building is very sound and holds historical value, but WyDot intends to put in a greenbelt and walking and bike paths in its place. He asked council to set an appointment to visit his business to see why he is concerned about being displaced. Mayor Kaumo agreed that with the growth taking place in the city, relocation will not be easy. He said council will discuss the issue at their workshop.

OFFICERS AND STAFF REPORTS

Councilman Shea moved to accept the Animal Control Report for October, the Nuisance Violation Quarterly Report for the period ending September 30, the Health Insurance Fund Recap for October and the Financial Reports for October. Seconded by Councilman Porenta. Motion carried unanimously.

COUNCIL COMMITTEE AND BOARD REPORTS

Joint Powers Telecommunications Board

Councilman Shea reported that the Telecommunications Board’s request for budgeted funds of $30,000 will be used to put in the line along C Street and possibly to hook up the new jail for video arraignments. He said the board has entered into a contract with their consultant to investigate a fiber-to-the-home system. He said if the consultant is successful, a project will move forward.

CORRESPONDENCE

The following correspondence was received: 1. a letter from Sweetwater County United Way outlining their 2004 campaign goal; 2. a notice from Bridger Coal Company regarding revisions to their blasting schedule; 3. a notice from the office of the Sweetwater County Sheriff about a meeting to discuss the Wyo-Link program; 4. a letter from the office of the Sweetwater County Sheriff pertaining to the allocation of Homeland Security funds; 5. a copy of a letter from the Office of Governor Dave Freudenthal sent to Wyoming’s U.S. senators and representatives

230

November 16, 2004

requesting their help in expediting immigration papers for an engineer working for Baker Hughes Company; 6. a letter from Pepper Rynio-Brandt requesting evening day care services at the family recreation center; 7. a request from the Joint Powers Telecommunication Board for their budgeted appropriation; 8. thank you notes from Jaron Woods and Cody Puffer for the mayor’s presentation at a boy scout meeting; 9. a letter from SWEDA supporting a change to the Master Plan requested by IGC Management, Inc.; and 10. a note from Robert Tiede thanking the Street Department for grading the alley behind H Street. Councilman Porenta moved to accept the correspondence and place it on file. Seconded by Councilman Shea. Motion carried unanimously. The request for evening day care at the family recreation center was referred to the Parks and Recreation Board.

RESOLUTIONS: (taken out of order)

Resolution 2004-215, A RESOLUTION ACCEPTING AND APPROVING A PROPOSAL FOR GOAL ASSESSMENT/FEASIBILITY ANALYSIS WITH NCDS, INC., TO DETERMINE THE FEASIBILITY OF A CAMPAIGN TO FUND THE CONSTRUCTION OF A NEW BUILDING FOR THE YOUNG AT HEART SENIOR CENTER, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, TO EXECUTE SAID PROPOSAL ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Cheese moved to approve Resolution 2004-215. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo; absent: Councilmember Gilbert. Motion carried.

Housing Resolution 2004-217, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, ACTING IN HIS CAPACITY AS CHAIRMAN OF THE HOUSING BOARD TO ACCEPT A BID OF $50,516.35 FROM WYOMING FINANCIAL SERVICES, P.O. BOX 2225, ROCK SPRINGS, WYOMING 82902 FOR PERSONAL PROPERTY INSURANCE, COMPREHENSIVE GENERAL LIABILITY INSURANCE AND BOILER INSURANCE FOR THE ROCK SPRINGS HOUSING AUTHORITY’S PUBLIC HOUSING PROGRAM, was read by title. Councilman Shea moved to approve Resolution 2004-217. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Banks, Horn, Porenta, and Mayor Kaumo; absent: Councilmember Gilbert. Motion carried.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

A & R $ 704.77 B. Dalton Bookseller 159.96 A&G Plumbing 45.00 Bauer Nike Hockey USA Inc. 16.76 Ace Hardware 4,633.29 Big Thicket Broadcasting 1,684.97 Adler, Sadie 18.00 Blossom, Tami 13.00 ADP Screening & Selection Svc 80.00 Bowman Distribution 10.66 Advanced Tele Systems 120.00 Boyle Equipment Company 362.06 Alpine Office Supply 1,107.58 Brisko, Barry & Amanda 25.38 Alsco-American Linen 2,535.90 Brower, Dale 12.22 Amazon Credit Plan 108.09 California Contractor Supply 388.40 American Cemetery Supplies 1,447.30 Callas, Michael 325.00 Anderson, Sheri 13.00 Campbell Co. Hospital Dist. 25.50 Animal Care Center 74.98 Campbells Plumbing 180.00 Archibald, Travis 35.00 Carnahan, Karla 23.65 Arnold Law Offices 1,545.00 CDW Government, Inc. 3,200.00 Atco International 165.00 Center Street 66 Svc 75.00 Atwood, Frieda 37.00 Century Equipment Co. 16,044.66 Auto Parts Unlimited 825.80 Channel Craft 104.19

231

November 16, 2004

Checker Auto Parts 95.57 Legerski, Sue 25.07 City Auto Sales 2,120.42 Lewis Tree Service 200.00 Clark, Scott 79.01 Lundell, Shara 18.00 Coleman, Leslie 31.43 Lundell, Shara 18.00 Communication Technologies 718.25 Macy’s Truck Repair 236.31 Copyex LLC 125.43 Maestas, Susan 58.95 Corporate Express 469.07 Majhanovich, Richard 364.00 Crider, Duane 359.00 Markham, Charlotte & Ed 118.49 Crum Electric 518.33 Martin, Michael J. 66.09 Culligan Soft Water Service 98.25 Matthew Bender 120.05 Dell 59.50 McCurtain Motors 98.27 Department #77340 774.78 McFadden Wholesale 7,543.89 Devous, Arrowhead Prop/Rick 70.16 McGrew, Elwin 157.00 Devous, Rick 52.54 MDS Pharma Services, Inc. 224.10 Dewey, Denis R. 360.00 Meadow Gold Dairies 445.30 Dial Oil, Inc. 16,537.66 Medtronic Physio Control 3,420.00 Dominos 19.85 Memorial Hosp of Swtr. Co. 547.95 E.A. Sween Co. 132.32 Merrell, Leonard 19.41 Electrical Svc & Prod FLLC 2,828.35 Miller, Sheila 21.00 Emergency Medical Prod. 2,889.49 Mitchell, Alike 37.00 Fedex 58.11 Moody, Tracy 127.26 Fremont Motor Company 224.28 Morcon Specialty Inc. 274.48 Freudenthal, Salzburg & Bonds 5,684.87 Motorola 12,198.75 Galls Inc. 301.96 Mountainaire Animal Clinic 45.00 Gametime 400.00 National Amateur Dodgeball 510.10 General Electric Supply 464.00 National Fire Protection Assoc 553.63 General Safety Equip Corp 48.47 Nazarene Parsonage 10.82 Gibbs, Rich 193.00 NCDS 10,000.00 Gibbs, Rich 55.84 Nelson Engineering 12,045.50 Giberson, Harold 110.00 Neve’s Uniforms, Inc. 1,128.65 Gorge Rock Products 12,204.34 New Studio 240.15 Grant Junction Hsg Auth 453.00 Nickel Ridge Portables 1,477.50 Grand Junction Hsg Auth 30.00 Noonan, Crystal 35.00 Great Western Autoplex 173.81 North Ogden Police 230.00 Gutierrez, Ana Maria 37.00 NTOA 1,058.00 H.W.P., Inc. 265.72 Nu-Tech Specialties 3,707.99 Hach Chemical 523.05 Ohana Properties 234.00 Hafey Properties 163.00 Ohana Properties 31.00 Harsha, Brenda 13.00 Old Dominion Brush 1,588.06 High Security Lock & Alarm 712.00 Orkin Exterminating 208.00 Hilty, Laura 13.00 Pacific Power & Light 56,619.06 Housing Auth of SLC 30.56 Pacific Steel—Recycling 155.93 Housing Auth of SLC 1,177.00 Padron, Amber 40.00 Hunter Family Medical Clinic 250.00 Padron, Amber 10.00 Imperial Apartments 43.00 Pandalis, John 246.00 Indo-American Engineering 2,074.00 Patrick Construction 69,399.00 Intermountain Golf Cars, Inc. 52.00 Performance Overhead Door 240.00 Intermountain Record Ctr. 103.25 Pitney Bowes Purchase Power 800.00 Internatl Code Council, Inc. 154.99 Pitts, Gails 303.00 Jackson Ultima Skates, Inc. 487.74 PMS Custom Screen Printing 724.00 Jim’s Upholstery 450.00 Porter, Heather 35.00 Jirdon Agri Chem Inc. 3,848.46 Postmaster 2,180.64 John Para Furniture 149.95 Power Systems, Inc. 460.69 Jt. Powers Telecom Board 30,000.00 Printech 834.28 Joint Powers Water Board 318,264.64 Printers’ Alley 1,259.52 K-Motive & Sports Inc. 86.63 Pro-Shade 25.00 Kaman Industrial Tech 214.68 PRS Machine & Fabrication 1,914.86 Kannegieter, Tammy 425.25 Qwest 960.39 Kelleys Shoes 125.00 R.T. Rentals 62.00 KRK Mobile Locksmith 67.00 R.T. Rentals 300.00 Kumpula, donald 13.00 Radioshack Corporation 59.98 L&L Rentals 485.00 Ray, Wechonhpecala 37.00 Lathrop Feed & Equip 1,532.29 Real Kleen Inc. 18.70 Lay, Walter 309.00 Respond First Aid Systems 477.74

232

November 16, 2004

Rock Springs Block 62.50 Wyo Environmental Svcs, Inc. 2,007.33 Rock Springs Municipal Util 41,467.97 Wyo Financial Ins. Inc. 13,992.21 Rock Springs Natl Bank 51.74 Wyoming Work Warehouse 810.66 Rock Springs Newspapers 108.32 Yarber, Jalynn 20.00 Rock Springs Winnelson 4,897.98 Zanetti, Kenilynn 78.92 Rocky Mtn Serv Bur 135.14 Zueck Transportation 606.39 Rocky Mtn Turf & Ind Equip 18,724.00 4N6XPRT Systems 115.00 Ruiz, Amanda 25.00 Total $851,171.93 Sa-So Full Line 55.19 Salt Lake Co. Fleet Mgt. 101,350.00 Santhanazit, Kalaya 70.00 Saunders, Heather 25.00 Seneshale Const. Account 21.68 Shantz, Norman 240.00 Sherwin Williams 355.51 Sisneros, Maria 18.00 Skyline Property Group, LLC 309.00 Sloan, Milissa 13.00 Smith Detroit Diesel 348.85 Smith, Brian K. 16.73 South East Chemicals 269.50 Southwest Wy Wool Warehse 258.90 SST Testing, Inc. 135.00 Staley, Leland 5.18 Star Transit 500.00 Sterling Communications 999.86 Stromberg, Violeta 18.00 Superior Lumber Co. 437.56 Sweetwater Co. Clerk 4,253.00 Sweetwater Co. Court -4,253.00 Sweetwater Co. Health Dept 200.00 Sweetwater Feed & Tack 15.60 Sweetwater Heights 174.00 Sweetwater Plumb & Htg 638.47 Sweetwater Trophies 524.00 Sweetwater TV Co Inc. 134.85 Tate, David 97.35 Tegeler & Associates 109.00 The Network 812.50 To Golf 980.50 Tom’s Wyoming Glass 202.50 Trans Equip & Supply 276.18 Turf Equipment and Irrigation 471.72 Uhrig, Nikala 42.00 United Parcel Service 73.94 United States Welding Inc. 198.86 Vaughn’s Plumbing 2,031.81 Veco USA, Inc. 4,000.00 Viking Machinery Co. 500.58 Water Control Corp 381.85 Weidle, Joseph & Mary 13.63 Wells Fargo Card Svcs, Inc. 1,247.59 Wells Fargo Remittance Ctr. 3,300.96 Western Wyoming College -125.00 Wheatland Fire Quip. Co. 198.60 Whisler Chevrolet Co. 164.64 White Water Technologies 474.00 Wilkinson, Kimberly 34.00 Wolfe, Jim 4.38 Wolfe, Jim 17.69 Wright, Michael & Andrea 45.77 Wyo Dept of Revenue & Tax 1,231.22 Wyo State Game & Fish Dept. 9.89 Wyoming Com LLC 574.75

233

November 16, 2004

Councilman Horn questioned why the Joint Powers Fiber Optics Board is requesting city funds when it has $180,000 in their account. Councilman Shea answered that their account now stands at $58,000. He said outstanding legal expenses and construction of the line on C Street will cost between $10,000 and $20,000 and will deplete the board’s funds. He noted that Sweetwater County has not been asked to contribute to the construction of those lines since they are to be wholly owned by the cities of Rock Springs and Green River. He added this request for funds might be the last since revenues from Sweetwater County will begin coming in once the county offices and jail are connected. He noted the county will realize a savings in costs once the new lines are in.

Report Checks for November

AFLAC Insurance Employee Premiums $ 1,685.08 Highmark Life & Casualty Employee Premiums 1,457.20 Equitable Life Employee Deferred 725.00 ICMA Retirement Corp Employee Deferred 8,127.63 Great-West Life & Annuity Employee Deferred 4,356.00 AFSCME Local #1004 Employee Dues 24.75 Colonial Life & Accident Employee Premiums 88.72 Wyo Child Support Enf Child Support Payments 4,259.45 State of Idaho Child Support Child Support Payments 249.00 RS Firefighter Assn #1499 Employee Dues 1,102.00 US Dept of Education Employee Garnishments 263.00 RS City Treasurer Employee BCBS Reimb 18,094.53 NCPERS Group Life/Prudential Group Life Emply Deduction 825.00 NEW York Life Insurance Employee Premiums 86.46 RS Police Protective Assoc Employee Dues 380.00 UMWA/OASW Local #4893 Employee Dues 971.02 United Way of Swtr. Co. Employee Deductions 233.70 Waddell & Reed Finan Svcs Section 529 Plan 130.00 Wyo Retirement System Fire Benefit City/Emply 26,823.34 Wyoming Workers Comp Employee Benefits 27,235.05 Wyoming Workers Comp Work Restitution Workers 69.89 Wyoming Workers Comp Volunteer Program 13.98 Wyo Reetirement System Employee Benefits 51,605.22 Wyo Retirement System Law Enforcement 40,419.26 Swtr. Fed Credit Union Employee Deductions 52,725.42 Internal Revenue Service Electronic Fund Transfer 126,477.65 Department of Employment Unemployment Claims 451.60 Total $368,879.95

November 5 Salaries $583,508.54

Councilman Banks moved to approve the bills and claims for November 16 and the November 5 salaries. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo; absent: Councilmember Gilbert. Motion carried.

UNFINISHED BUSINESS

IGC Management, Inc. Request for Master Plan Change from LIR to HIR

Kevin Keller of IGC Management, Inc., and Rock Springs Land Development Company, Inc. presented a Power Point overview of his plans for a proposed tract in Mountain View Subdivision that he would like situated in a High Intensity Residential district. Before beginning the presentation, he explained he has encountered numerous delays with his Summit View Estates development due in large part to a shortage of contractors given the heavy construction activity in Rock

Springs. He said he has encountered several obstacles such as having to put 1,000 feet of sidewalk in by hand and foundation walls that had to be redesigned according to city code before a building permit would be issued. Then weather became an issue, but he said ten houses are finally under construction with anticipated completion the first week in January. He said although nine houses have been sold, sales are not being pushed because he does not want to promise something he cannot deliver on time. Mr. Keller said he has invested about $1.8 million since beginning the project. The investment includes a brick retention wall and the extension of Cascade Drive.

Mr. Keller presented the following points in his appeal for a change to the Master Plan from Low Intensity Residential (LIR) to High Intensity Residential (HIR) for his proposed subdivision:

• A need exists in Rock Springs for new housing—the average age of homes being financed through WCDA is 37 years. • Of 52 comparable houses listed on MLS, only one falls in the $120,000- $140,000 price range • Out of 101 comparable residential building permits issued since January 2003 in Rock Springs, only two are for single-family attached residences. • Of 346 homes or lots projected for completion in 2005 not one is in an R-4 zone. • SWEDA sources indicate new businesses to Rock Springs will hire 240 employees; for each job created, 1.44 new dwelling units will be needed. • A director of FannieMae in Cheyenne endorses the twin-home project stating the two-level homes on smaller lot sizes create affordable entry-level housing. • According to SWEDA this project could help relieve the need for permanent affordable housing in Rock Springs. • The parcel is open to collector streets—Sweetwater Drive, Cascade Drive and Dewar Drive; access is not through another subdivision. • The project is bordered on the west by the Summit drainage channel and a trailer park; on the south by Westridge Subdivision and Sweetwater Drive; on the east by White Mountain Library and on the north by Magnolia Circle, a dense zero-lot line development. • The value of single-family detached homes in Magnolia Circle and twinhomes in a similar neighborhood are comparable to those proposed. • The development will enhance the neighborhood since vacant land can result in erosion and storage of spoil materials. • R-4 lots have a minimum size of 3,500 sf. The Mountain View project will consist of 50-60 twinhomes. Lot sizes and homes are comparable in size to homes in surrounding areas.

City planner Laura Crandall explained that the smaller lot sizes proposed for this subdivision are suitable in an R-4 zone. However, the Master Plan would need to be amended to an HIR designation to accomplish this higher density configuration if not in an LIR R-3 zone with a Planned United Development overlay, which the applicant does not want. Councilman Banks said the proposed subdivision appears to be a good fit with mobile homes, apartments, duplexes and single-family homes that surround it. Mrs. Crandall said she recommended approval of the Master Plan change at the Planning and Zoning meeting; however, they denied it because of the density issue. Councilman Kourbelas said all parcels surrounding the proposed subdivision are in LIR districts and it follows that a high-density parcel within that scheme does not serve as a buffer. Mr. Keller said in addition to zero lot lines, an R- 3 PUD is not acceptable to him because all engineering work has to be complete at

235

November 23, 2004

the preliminary planning stage. And, he said, that’s a huge investment with no assurances from the city that the plan will be approved. Mayor Kaumo contended that revising the Master Plan to accomplish the same thing that can be accomplished through a zone change does not make sense.

Doug Gilchrist, 2736 Santa Cruz, stated there is a fundamental misunderstanding about the appraised value of a house versus what that house will bring on the market. He said although the type of houses proposed for this subdivision present a good buffer with the trailers situated on the west boundary, the pictures of houses presented by Mr. Keller do not offer assurances that the more densely populated subdivision would not take on a different appearance in the future thereby affecting the salability of neighboring houses. Councilman Kourbelas agreed stating that is the basis for zoning and buffering. He asked Mr. Gilchrist if he is opposed to rezoning the parcel to R-3, which requires larger lot sizes. He responded not at all. Councilman Banks countered that changing the zone from R-1 to R-3 also does not guarantee that the neighborhood will not deteriorate.

Chris Propst, 125 Magnolia Circle, said because it is conceivable an apartment could be built in an R-4 zone, it is council’s responsibility to think of the greater good and consider four issues: aesthetics, safety, integrity of zoning, and density. Mr. Propst opined that the contractor may be more concerned about making money than about the need for housing. He urged council to abide by the Master Plan. Councilman Banks responded it is impractical to think the Master Plan, which was created in 1982, does not need revising.

Councilman Porenta stated it is unrealistic to equate appraisals and market value. He said it has been his experience they have relatively little correlation. He said it is unfair to Mr. Keller for anyone to guess what will happen to property values if the subdivision is approved. Councilman Kourbelas argued it is up to council to decide the facts within current protocol. He said four findings of fact are necessary in order to change the Master Plan. In his opinion two findings have not been satisfied in this case: 1. the amendment must constitute an overall improvement to the Plan and is not solely for the good or benefit of a particular landowner; and 2. the amendment will not adversely impact the community as a whole or a portion of the community by affecting the livability of the area or the health and safety of the residents. Councilman Kourbelas said the worst case must be considered before amending the Master Plan since present plans may not be realized and the door would then be open for other uses. Councilman Shea stated that on the other hand, the affordable housing units being proposed would allow people of average means to become homeowners. Mr. Keller said council’s concerns that this project could evolve to a massive complex are unfounded since they are the ones who control how the parcel can be developed.

Carla Maslowski, 2740 Santa Cruz, cautioned that once the Master Plan is changed, it will remain so. She reminded council that Mr. Keller is already developing 136 lots, but in the event he has difficulty selling those, he may have to sell the Mountain View parcel. If so, any of the uses contained in an HIR district could conceivably be approved. In addition, she said traffic on Dewar Drive will intensify if the subdivision is allowed because people instinctively take the shortest route.

Carl Meloche, 121 Magnolia Circle, said as a firefighter for Fire District No. 1 he is concerned that increased traffic in the area will curtail fire fighting in areas west of Cascade. He said the more circuitous route that will need to be taken presents safety concerns. He said the city will not put in traffic lights to help them exit their driveway and even with sirens, people try to beat fire trucks coming out of

236

November 23, 2004

their station onto College Drive. Mr. Kauchich responded that traffic lights are prohibited so close to interstate interchanges. Councilman Banks said Sweetwater Drive and Cascade Drive are designated collector streets and volume is always more intense on collectors. Fire Chief Brad Sarff asserted that several years ago the city fought an outside entity from establishing a fire department within city limits, and he finds it amazing that they would now protest a subdivision within that jurisdiction because of their difficulty in responding to outside areas. Mayor Kaumo added that traffic naturally increases with growth, but that is no reason to deny development. Mr. Keller stated he has invested up to $400,000 to extend Cascade Drive to Sweetwater Drive, and anyone living in the proposed subdivision would logically use Cascade to avoid heavier traffic on Dewar Drive.

Stacy Jones, 2800 Hitching Post Drive, a real estate agent with Open Range Real Estate, apprised that real estate values in the proposed subdivision would be compared with those in the presidents’ streets and valuations would not have an impact on existing homes in the area. She further advised that the workforce seminar put on by SWEDA and the chambers of commerce demonstrated that Rock Springs lacks affordable housing. She said the houses proposed under this subdivision would qualify for WCDA financing requiring a down payment of only $750.

Leigh Ann Carothers, Department of Work Force Services employee, said the estimate of 250 jobs to be created in Rock Springs is a low estimate. She said a more realistic figure is 600 jobs in the next six months. She said houses must be affordable to allow families to come to town, and this development will meet that need. She urged council to look to the future stressing that if housing is not available, all other services will suffer. She said based on her own experience, houses are not devalued relative to the type of houses they are situated next to— maintenance of property is a more important factor.

Councilman Kourbelas emphasized that a vote against a Master Plan change is not a vote against affordable housing. He said an R-3 PUD plan in an LIR designation would work in this case without changing the Master Plan. Councilman Porenta suspected that if the R-3 PUD plan is acceptable to Mr. Keller, additional charges incurred in the process will be passed on to home buyers. Mr. Keller responded that if he did everything to satisfy a PUD plan after which council would not approve the plat, he would be stuck with the expenses. Councilman Horn advocated leaving the Master Plan as is. He said if a demand truly exists, there would be fewer houses currently listed for sale and more houses in Summit View Estates houses would have already been sold.

Councilman Kourbelas moved to remove the application submitted by IGC Management, Inc. from table. Seconded by Councilman Horn. Motion carried unanimously. Councilman Shea moved to approve the Master Plan change. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Shea, Porenta, and Banks; opposed: Councilmen Kourbelas, Tate, Cheese, Horn, and Mayor Kaumo; absent: Councilmember Gilbert. Motion defeated.

NEW BUSINESS

Councilman Banks moved to approve a request from the Parks and Recreation Department to fill a vacant irrigation specialist position in the Parks Department. Seconded by Councilman Tate. Motion carried unanimously.

Councilman Banks moved to approve a request from the Police Department to suspend bidding rules and to allow the department to purchase a Motorola radio

237

November 23, 2004

console from the local authorized dealer. Seconded by Councilman Shea. Motion carried unanimously.

Councilman Horn moved to approve a request to call for bids to sell the “Fountain Club” building. Seconded by Councilman Shea. Motion carried unanimously.

Councilman Shea moved to approve a request from the Sweetwater County Events Complex for malt beverage permits for arena cross on January 7, 8, February 4, 5, March 25, 26 and April 8 and 9; for the Sweetheart Car Show on February 12 and a mud race on March 19 and to change the dates of previously approved malt beverage permits for arena cross from December 3 and 4 to December 17 and 18. Seconded by Councilman Horn. Motion carried. Councilman Porenta abstained.

Councilman Horn moved to approve a request from Ted’s Supper Club for a liquor catering permit for the FMC Christmas party on December 4 at the events complex. Seconded by Councilman Banks. Motion carried unanimously.

Councilman Banks moved to approve a request from Black Rock, Inc. for a liquor catering permit for Christmas parties on December 3, 4, 9, 10, 11, 17 and 18 at the White Mountain Golf Course clubhouse. Seconded by Councilman Porenta. Motion carried unanimously.

RESOLUTIONS

Resolution 2004-211, A RESOLUTION APPROVING AND ACCEPTING THE PRELIMINARY PLAT OF VICTORY SUBDIVISION AS A PROPOSED SUBDIVISION LOCATED IN THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, AND COVERING A 132.478-ACRE TRACT OF LAND SITUATED IN THE NORTH HALF (N1/2) OF SECTION 15, RESURVEY TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SWEETWATER COUNTY, WYOMING, was read by title. Councilman Porenta moved to approve Resolution 2004-211. Seconded by Councilman Horn. Councilman Horn asked if the plat needs county approval for the railroad track across Yellowstone Road. Amy Allen, representing JFC Engineers, replied that the rail spur has been abandoned. She noted that the county has approved accesses onto Signal Drive and Yellowstone Road. She said Mr. Doud will contribute the match for improvements to both streets. Upon roll call the following voted in favor: Councilmen Banks, Horn, Porenta, Shea, Cheese, Tate, and Kourbelas; abstained: Mayor Kaumo; absent: Councilmember Gilbert. Motion carried.

Resolution 2004-212, A RESOLUTION ACCEPTING AND APPROVING IMPROVEMENTS INSTALLED IN THE MOUNTAIN SHADOWS, PHASE 2 SUBDIVISION OF THE CITY OF ROCK SPRINGS, SWEETWATER COUNTY, WYOMING, CONSISTING OF NINE LOTS, COVERING A 2.710-ACRE TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, RESURVEY OF TOWNSHIP 19 NORTH, RANGE 105 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ROCK SPRINGS, SWEETWATER COUNTY, WYOMING AND ACCEPTING CONTROL AND MAINTENANCE OF THE SAME PURSUANT TO THE PROVISIONS OF ROCK SPRINGS ORDINANCE SECTION 16-807, was read by title. Councilman Horn moved to approve Resolution 2004-212. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilmen Shea, Cheese, Tate, Kourbelas, Banks, Horn, and

238

November 23, 2004

Porenta; abstained: Mayor Kaumo; absent: Councilmember Gilbert. Motion carried.

Resolution 2004-213, A RESOLUTION ACCEPTING AND APPROVING AN OWNER-ENGINEER AGREEMENT WITH FORSGREN ASSOCIATES, INC., IN THE AMOUNT OF $28,500.00, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Mr. Kauchich explained that the backflow prevention program is a Department of Environmental Quality requirement pertaining to all buildings except residential structures. He said once the program is put in place by the engineering firm, business owners would be responsible for implementing it. After receiving assurance that the charges for services from the engineering firm are competitive, Councilman Kourbelas moved to approve Resolution 2004-213. Seconded by Councilman Banks. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo; absent: Councilmember Gilbert. Motion carried.

Resolution 2004-214, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH WHEATLAND FIRE EQUIPMENT IN THE AMOUNT OF $59,124.95, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Shea moved to approve Resolution 2004-214. Seconded by Councilman Cheese. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, and Mayor Kaumo; absent: Councilmember Gilbert. Motion carried.

Resolution 2004-215. See above.

Housing Resolution 2004-216, A RESOLUTION AUTHORIZING THE MAYOR, ACTING IN HIS CAPACITY AS CHAIRMAN OF THE HOUSING BOARD, TO APPROVE UTILITY ALLOWANCES FOR THE ROCK SPRINGS HOUSING AUTHORITY’S HOUSING CHOICE VOUCHER PROGRAM, was read by title. Councilman Banks moved to approve Resolution 2004-216. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: councilmen Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas, and Mayor Kaumo; absent: Councilmember Gilbert.

Housing Resolution 2004-217. See above.

ORDINANCES

Ordinance 2004-21, AN ORDINANCE AMENDING SECTIONS 302 AND 303 OF THE PERSONNEL POLICIES AND PROCEDURES OF THE CITY OF ROCK SPRINGS ENTITLED, “SENIORITY AND THE SELECTION OF EMPLOYEES,” AND “SELECTION,” was placed on second reading and read by title.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 9:36 p.m.

239

November 23, 2004

XX22a

City council met in special session on November 23, 2004. In the absence of Mayor Kaumo, President Shea called the meeting to order at 5:30 p.m. Members present included Councilmen Steve Shea, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, and Kent Porenta; absent: Mayor Tim Kaumo. John Cheese arrived after roll call. Department heads present included Michael Lowell, Vess Walker, Brad Sarff, Dave Silovich and Colleen Peterson.

Councilman Banks nominated David Tate to act as president of the meeting. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, and Shea: abstained: Councilman Tate; absent: Councilman Cheese and Mayor Kaumo. Motion carried.

BID OPENING

Rock Springs Family Recreation Center Co-Ed Spa

Intermountain Aquatech, Inc. Sandy UT $50,948 M & D Project Management Casper 59,000 Everclear Pools Salt Lake City 29,850

Bids from Intermountain Aquatech, Inc. and M & D Project Management were accompanied with required bid bonds. The bid from Everclear Pools was accompanied with a personal check, an unauthorized form of bid bonding. On that basis, Councilman Porenta moved to reject the bid from Everclear. Seconded by Councilmember Gilbert. Motion carried unanimously. A late bid was not accepted. Dave Silovich, director of Parks and Recreation, noted that if after review all bids are rejected, the project would be rebid.

BILLS AND CLAIMS

The following bills and claims were presented for payment:

A-1 Electrical Contractors Inc. 108.00 North American Outdoor Prod 214.00 Action Awards & Engraving 45.74 Oriental Trading Company 159.05 ADP Screening & Selection 80.00 Orlie’s Refrigeration & Htg 355.00 Antiqua Group, Inc. 1,097.78 Pacific Power & Light 19,135.22 Asphalt Services 3,103.10 Parr, Monetta 14.46 Ball Enterprises 864.25 Patrick & Co. 258.85 Blue Cross-Blue Shield 21,326.37 Peden’s Inc. 954.75 Colgan, Stan 169.06 Premiumwear, Inc. 2,143.84 Fastenal Company 485.97 Questar Gas 19,132.37 Fedex 14.21 Qwest 4,047.01 Fiber Tech 383.00 Rink Systems 174.44 Forest Line Construction, LLC 33,488.07 R.S. Chamber of Commerce 12,914.25 Holland Equipment 605.43 Rock Springs Winlectric 268.54 Howard Supply Co. 175.62 Rocky Mtn Turf & Ind. Equip 17,041.18 IPMA 705.50 SCI, Inc. 54,966.86 J Bar Excavation 665.60 Seal, Nick 50.00 King Construction 2,660.00 Sensory Edge 1,075.00 King Environmental Products 302.00 Shahan Weed & Pest Control 125.00 Kopy Korner 104.33 Southwest Machine & Welding 270.00 L & S Construction 198.00 Stark, Theresa 45.45 Maric Sales 868.79 Strategic Supply 163.85 Morris Costumes Inc. 348.50 Sugano, Linda 75.00 NCDS 5,000.00 Sweetwater TV Co. Inc. 74.63

240

November 23, 2004

Swicks Matco Tools 5.55 Tabuchi, Ryan 50.00 Tom’s Wyoming Glass 9.00 United Reprographic Supply 95.00 Vaughn’s Plumbing 70.00 Wire, Morgan 50.00 Wyo Dept Transportation 2,645.15 Wyoming Com LLC 574.75 Wyoming Medical Center 12.00 Young Electric Sign Co. 207.00 Zueck Transportation 604.49 Total 210,781.01

241

November 23, 2004

Councilmember Gilbert moved to approve the bills and claims for November 23. Seconded by Councilman Porenta. Councilman Horn questioned why the bills should be paid now rather than waiting for the regular council meeting. Director of Administrative Services Colleen Peterson responded that utility bills are being paid to avoid a penalty; the rest are being paid to expedite payment due to holiday scheduling and the extra week between council meetings. Motion carried unanimously.

NEW BUSINESS

Councilman Porenta moved to approve a request from the Department of Public Services to award a contract for a sewer vac truck to a vendor who did not submit the low bid. Seconded by Councilman Banks. Councilman Horn asked that a memo dated November 17 from Director of Public Services Vess Walker regarding the request be included in the record. The memo follows:

“The Department of Public Services is requesting permission to award the bid to Jack’s Truck and Equipment at 5081 West Yellowstone HWY, Casper, Wyoming 82604, for the new Vac-Truck. This is not the lowest bid, but the low bidder did not meet all required bid specifications, such as no tandem rear axle and a rear mounted hose reel and boom. Other items not included are no curbside rack and a single ball float in the tank.

“As a result, we would like to award the bid to the next bidder at $213,846.64 to Jack’s Truck and Equipment for a Vac-Con Truck. We would also like to add a 1” hose and reel to this bid at $2,000.00 for a total of $215,846.64. This amount is still less than the $220,000.00 we have budgeted for the new Vac-Truck, yet considerably less than the other two bids of $266,626.00 and $255,990.00, respectively.”

Motion carried unanimously.

RESOLUTIONS

Resolution 2004-218, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH JACK’S TRUCK AND EQUIPMENT IN THE AMOUNT OF $213,846.64 (TWO HUNDRED THIRTEEN THOUSAND, EIGHT HUNDRED FORTY-SIX DOLLARS AND SIXTY-FOUR CENTS) FOR OPTION TWO FOR A SEWER CLEANING TRUCK FOR THE WASTEWATER TREATMENT PLANT, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title.

EXECUTIVE SESSION

At 6:00 p.m. council adjourned to executive session to discuss a potential litigation. Councilman reconvened at 6:11 p.m. No action was taken.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 6:12 p.m.

XX23

City council met in regular session on December 7, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen John Cheese, David Tate, Neil Kourbelas, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo; absent: Steve Shea. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson.

In president Shea’s absence, Councilman Banks nominated Councilman Cheese to act as president of the meeting. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, and Mayor Kaumo; abstained: Councilman Cheese; absent: Councilman Shea. Motion carried.

Councilmember Gilbert moved to accept the revised agenda. Seconded by Councilman Banks. Motion carried unanimously.

Councilman Cheese moved to approve the November 16 minutes and minutes of the November 23 special council meeting. Seconded by Councilman Porenta. Motion carried unanimously.

BID OPENING

Prior to opening bids Councilman Tate moved to reject the bids for the co-ed spa opened on November 23. Councilman Kourbelas seconded the motion. Motion carried unanimously.

Family Recreation Center Co-Ed Spa Replacement

Pool Sharks Orem, UT $39,700.00 Intermountain Aquatech Sandy, UT 52,948.00 Everclear Pools Salt Lake City 32,000.00

Director of Parks and Recreation Dave Silovich advised that specifications for the spa have not changed since the previous opening. All bids were accompanied with bid bonds. They were referred to Mr. Silovich for review and recommendation at a future council meeting.

COMMENDATION

Military Service

Mayor Kaumo presented plaques and T-shirts to James Baker on behalf of his son Christopher Baker, to Shirley Wharton on behalf of her son B.J. Wharton and to Deric Keller. These three men are either presently serving or have served in the military during Operation Iraqi Freedom. Nolan Wharton was also recognized for having served in Operation Desert Storm and Desert Shield. Mayor Kaumo thanked them for their service to our country and for protecting our freedom.

Police Department Employees of Quarter

Mike Kiggins was chosen by his peers in the Police Department as the civilian employee of the third quarter. Mayor Kaumo thanked him for his outstanding work not only as an animal control officer, but for his accomplishments in seeking advanced training, animal rescue training and euthanasia training as well as for his work as a Red Cross CPR/AED trainer. Tracy Frisbee was commended by

243

December 7, 2004

the mayor for being chosen sworn employee of the third quarter. He is a four-year veteran of the police department and in addition to his patrol shift he assumes many duties within the department. Mayor Kaumo thanked Mr. Kiggins and Ofc. Frisbee for their invaluable service to the city.

Employee Recognition

City planner Laura Crandall was awarded a certificate and commended for her outstanding work in the Planning Department especially during the past year’s intense construction season.

PUBLIC HEARINGS

Request from Sweetwater County for Recommendation on the Sweetwater County Unified Development Code’s Planning Area Boundary Map and Land Use Plan Map

Because of inclement weather, consultants from Bear West were unable to attend this meeting to address issues regarding the maps. Instead, Tara Nelson, a zoning technician with the Sweetwater County Land Use Department, and city planner Laura Crandall filled in to answer questions. Ms. Crandall explained that the city of Rock Springs provided input for the Sweetwater County Unified Development Code Planning Area Boundary Map approximately one year ago. She said the red-hatched areas show the city’s existing growth areas consistent with the 1996 Growth Management Plan Map. Blue-hatched areas show anticipated city growth based on utilities, infrastructure, topography and natural trends.

She emphasized that the Sweetwater County Growth Management Area Land Use Plan Map depicts land use and is not a zoning map and compares to the city’s Comprehensive Plan Land Use Map. She said the county identifies High Density Residential areas as lots that are less than five acres in size and Low Density Residential areas as lots greater than five acres. Ms. Crandall said the county uses the map as a guide to ensure growth outside city limits is compatible with zoning inside city limits. Ms. Crandall said adoption of Resolution 2004-219 would signify to the county commissioners that the city agrees with the proposed land uses outside the city limits as well as to proposed city growth areas. It does not grant administrative authority.

Map designations near the Ivan Ray road identified as Low Intensity Industrial were questioned since the city hopes to expand heavy industrial growth in that direction. Ms. Nelson surmised that the Low Intensity Industrial designation more than likely provides a buffer to the Rock Springs Grazing Association’s agricultural areas immediately surrounding the airport and thus the reason for the designation. Ms. Crandall pointed out that the area north of the city limits on Highway 191 was recently amended to Low Intensity Industrial.

Elwin McGrew spoke on behalf of the Sweetwater County Home and Landowners Association urging council to table Resolution 2004-219 until after February 13 at which time all parties will have been given time to present input on the maps. Action will be taken under Resolution 2004-219.

PETITIONS

There were no petitioners to come before council.

OFFICERS AND STAFF REPORTS

244

December 7, 2004

Councilman Porenta moved to approve the Bar Incident Report for November. Seconded by Councilmember Gilbert. Motion carried unanimously.

COUNCIL COMMITTEE AND BOARD REPORTS

Methamphetamine Initiative

Councilmember Gilbert announced a public forum will be televised on November 9 with panel members from the sheriff’s office, the county attorney’s office, the Rock Springs and Green River education system and the state legislature. She urged the public to watch the program and to call in with questions.

SWEDA Update

Councilman Porenta reported that SWEDA’s board of directors voted to go forward with Phase II of their proposed funding project pending the resolution of two issues. He said if the issues are resolved, a report will be forthcoming.

Legislative Session

Mayor Kaumo urged council and staff to appeal to state legislators for a portion of the state’s surplus funds.

CORRESPONDENCE

The following correspondence was received: 1. a letter from Sweetwater County Fire District #1 in reference to a comment regarding a proposed subdivision; 2. a letter from WyDOT regarding the condition of the A Street viaduct with a recommendation; 3. a letter from the Wyoming Office of Homeland Security regarding the 2005 pre-disaster mitigation (PDM) program; 4. a letter from Clayton Hunte expressing concern for certain road conditions; 5. a thank you note from Rock Springs Chamber of Commerce to Mayor Kaumo for attending the chamber’s annual retreat; 6. a quarterly update from the Rock Springs Chamber of Commerce and their request for second quarter budgeted appropriations; 7. a letter from the Wyoming Business Council giving notification of date for final determination of CDBG grant applications; 8. an update from the office of Sweetwater County Sheriff of the Homeland Security Phase I 2003 grant; 9. notification from the Sweetwater County Board of Commissioners of a workshop to discuss Department of Homeland Security funds; and 10. a financial report for the Rock Springs Young- at-Heart Senior Citizens Center for the period ending June 30, 2004.

Councilman Horn moved to accept the correspondence and place it on file. Seconded by Councilmember Gilbert. Motion carried unanimously.

BILLS AND CLAIMS

The following bills and claims were submitted for payment:

A&G Plumbing 188.00 Bakka, Inc. 1,144.43 A-1 Electrical Contractors 593.14 Bauer Nike Hockey USA 463.40 Ace Industrial Supply 272.10 Besso, Margie 40.00 ADP Screening & Selection 360.00 Besso, Margie 10.00 Animal Care Center 37.49 Bicentennial Apt Village 20,052.00 Armor Holdings Forensics 127.15 Big W Supplies 38.35 Asphalt Services 11,119.55 Bloedorn Lumber 502.50 Atco International 162.75 California Contractor Supply 399.60 ATD-American Co. 2,508.25 CDW Government, Inc. 661.67 Awards Unlimited 32.50 Chemsearch 746.25

245

December 7, 2004

Children’s Factory 238.95 Neve’s Uniforms, Inc. 2,042.13 City of Rock Springs 193,414.26 Nickel Ridge Portables 2,041.00 Clawson, Amanda 30.00 Norman, Tabitha 47.40 Communication Tech 596.50 Nu-Tech Specialties 1,786.07 Copier & Supply Co. 1,220.00 Oakridge Development, Inc. 20,891.39 Copyex LLC 415.00 Oregon Dept of Trans. 3.00 CPS Distributors Inc. 17,962.23 Orkin Exterminating 163.14 Crum Electric 576.48 Pacific Power & Light 1,715.37 Custom Cage 720.00 Patrick Construction 57,126.60 DeBernardi Construction 10,628.87 Piedra, Sindy 70.00 DeBernardi Construction 8,087.18 Pitney Bowes 190.00 DeBernardi Construction 4,390.18 Plummer, Deborah 150.00 DeBernardi Construction Co. 209,108.98 PMS Custom Screen Printing 449.00 Delbene, Terry 95.70 Postmaster 2,179.58 Dewey, Denise R. 340.00 Questar Gas 3,894.45 Digital Select 49.98 Questar Infocomm Inc. 125.00 Dominos 10.00 Qwest 1,418.52 Easton Sports Inc. 1,850.43 R.A.D. Systems 100.00 Electrical Svc & Prod FLLC 212.25 Real Kleen Inc. 109.01 Engineering Co. 68,289.99 Red Oaks Concepts 391.73 Environmental Resource 1,915.85 Rock Springs Block 86.94 Equifax Credit Information 5.00 R.S. Chamber of Commerce 9,062.50 Fedex 14.28 Rock Springs Newspapers 4,644.15 Ferlic, Frank 79.82 Rock Springs Recycling Ctr. 3,750.00 Ferrero Electric 361.20 Rockwell Automation 12.10 Gemplers Inc. 87.80 Ron’s Ace Rental 5,768.73 Griffith, Matthew 110.00 Shadow Mtn Spring Water 129.65 Hall, Ronald 340.00 Simons Petroleum 299.02 Highmark Life Ins. Co. 785.88 Sirchie Laboratories 196.53 Holiday Inn 80.63 Six States Distributors 47.62 Horseshoe Nail Art 210.50 Smyth Printing 977.57 Hug Membership 150.00 Standard Batteries of SLC 174.97 Igloo Vikski 222.82 Standard Plumbing 27.52 Industrial Supply 300.40 State of Wyoming 459.00 Infinity Power & Controls 340.00 Sterling Communications 181.70 Intoximeters, Inc. 246.50 Sunrise Engineering, Inc. 1,728.00 Itech Hockey Company 450.89 Swtr co. Health Dept. 200.00 J&V Enterprises, Inc. 456.51 Sweetwater Co. Treasurer 1,279.69 Jim’s Upholstery 387.00 Swtr Co. Historical Museum 35.00 JM Electrical Services 214.31 Symbolarts Inc. 190.00 Kaman Industrial Tech 469.12 Tegeler & Associates 1,569.75 Kasseburg Canine Trng Ctr 240.00 Tire Den Inc. 1,604.18 Keslar, Matt 29.97 Trident Ins. Svcs 1,000.00 Kopy Korner 56.30 Turf Equip. and Irrigation 31,565.00 Korney Board Aids 615.20 UBTA-UBET Commun 105.81 L.N. Curtis & Sons 19.45 United Parcel Service 76.05 Leibee Precision Machine 55.00 V-1 Oil Co. 22.18 Lewis & Lewis Inc. 642.32 Vaughn’s Plumbing 698.21 Lorimer, Ken 20.43 Verizon Wireless 2,344.16 M & N International 637.86 Wlamart Community Brc 3,466.01 Maska US Inc. 824.83 Webb, Regina 150.00 Maxwell, Don 15.72 West Group Payment Ctr. 1,927.54 McFadden Wholesale 3,555.29 Western Wyo Beverage 157.50 McLeod USA 153.39 Wilkinson, Charles Jr. 340.00 Memorial Hosp of Swtr. Co. 60.00 Williams, Penny 150.00 Meteor Marketing 33.97 Wittek Golf Supply Co Inc. 4,429.78 Metz, Diana 40.00 Wyo Dept Transportation 2,490.50 Metz, Diana 10.00 Wyo Rec & Parks Assoc 1,500.00 Mission Hockey 962.53 Wyo State Bd of Pharmacy 50.00 Model Boot & Shoe 45.00 Wyoming Work Warehouse 537.05 Mountainland Fire Protection 591.66 Young-at-Heart Sr Cit Ctr 337.81 Municipal Toy Co. Inc. 464.00 Total 752,753.15 Napars 60.00 NASRO 30.00

246

December 7, 2004

Report Checks for November 20

Employee Garnishments Employee Deductions 308.62 Internal Revenue Service Electronic Fund Transfer 93,897.25 Swtr. Fed. Credit Union Employee Deductions 31,478.69 Wyoming Child Support Child Support Payments 249.00 Total

November 19 Salaries $379,178.23

Councilman Banks moved to approve the bills and claims for December 7 and the November 19 salaries. Seconded by Councilman Porenta. Motion carried unanimously.

NEW BUSINESS

Councilman Kourbelas moved to approve a request from Municipal Court to fill a vacant court clerk position. Seconded by Councilman Cheese. Motion carried unanimously.

Councilman Banks moved to approve a request from the Department of Public Services for permission to award design and construction management of a 27-inch waste water main from the west edge of the city to the waste water treatment plant. Seconded by Councilman Porenta. Motion carried unanimously.

Councilmember Gilbert moved to approve a request from Black Rock, Inc. for liquor catering permits for Christmas parties on December 10 and 18 at the events complex and on December 14 at the golf course clubhouse. Seconded by Councilman Tate. Motion carried unanimously.

Councilman Kourbelas moved to approve a request from Ted’s Supper club for a liquor catering permit for the FMC union Christmas party on December 17 at the events complex. Seconded by Councilman Horn. Motion carried unanimously.

Councilman Horn moved to approve a request from C4a Rodeo Company for a malt beverage permit for a rodeo on December 31 at the events complex. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Cheese moved to approve a request from Young-at-Heart senior citizens for a malt beverage permit for a New Year’s Eve dance at the events complex. Seconded by Councilman Porenta. Motion carried unanimously.

RESOLUTIONS

Resolution 2004-219, A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF ROCK SPRINGS, WYOMING RECOMMENDING TO THE SWEETWATER COUNTY BOARD OF COUNTY COMMISSIONERS ACCEPTANCE OF THE “SWEETWATER COUNTY UNIFIED DEVELOPMENT CODE’S PLANNING AREA BOUNDARY MAP AND LAND USE PLAN MAP,” was read by title. Councilmember Gilbert moved to approve Resolution 2004-219. Seconded by Councilman Tate. Discussion followed regarding the intent of the resolution and whether council would be committing not only to the proposed growth areas on the boundary map, but to the land uses established by the land use plan map within the proposed growth areas if this resolution were to be approved. Councilmember Gilbert then amended her motion to accept the resolution except to change the area along the Ivan Ray Road to High

Intensity Industrial. Discussion continued after which Councilman Kourbelas moved to table Resolution 2004-219 until the language is clarified to describe the city’s specific intent. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilmen Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta, and Mayor Kaumo; absent: Councilman Shea. Motion carried.

Resolution 2004-220, A RESOLUTION AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, WYOMING, TO ACCEPT A GRANT FROM THE SWEETWATER COUNTY JOINT TRAVEL AND TOURISM BOARD, was read by title. Councilman Banks moved to approve Resolution 2004-220. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilmen Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, and Mayor Kaumo; absent: Councilman Shea. Motion carried.

Resolution 2004-221, A RESOLUTION ACCEPTING AND APPROVING A TRANSPORTATION ENHANCEMENT ACTIVITIES AGREEMENT WITH THE WYOMING DEPARTMENT OF TRANSPORTATION FOR THE FOOTHILL BOULEVARD PATHWAY PROJECT, was read by title. Councilmember Gilbert moved to approve Resolution 2004-221. Seconded by Councilman Tate. Upon roll call the following voted in favor: Councilmen Kourbelas, Tate, Cheese, Porenta, Horn, Banks, Gilbert, and Mayor Kaumo; absent: Councilman Shea. Motion carried.

ORDINANCES

Ordinance 2004-21, AN ORDINANCE AMENDING SECTIONS 302 AND 303 OF THE PERSONNEL POLICIES AND PROCEDURES OF THE CITY OF ROCK SPRINGS ENTITLED, “SENIORITY AND THE SELECTION OF EMPLOYEES,” AND “SELECTION,” was placed on third reading and read by title. Councilman Koubelas moved to approve Ordinance 2004-21. Seconded by Councilman Porenta. Upon roll cal the following voted in favor: Councilmen Gilbert, Banks, Horn, Porenta, Cheese, Tate, Kourbelas, and Mayor Kaumo; absent: Councilman Shea. Motion carried.

ADJOURNMENT

There being no further business to come before council, the meeting was adjourned at 8:09 p.m.

XX23a

City council held a workshop on December 13, 2004 to review plans for 2005 and to acquaint councilmen-elect Carl Demshar and Rob Zotti with protocol. Members present included Councilmen Shea, Cheese, Kourbelas, Banks, Horn, Porenta, and Mayor Kaumo; absent: Councilmen Tate and Gilbert. Department heads present included Mike Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, Dave Silovich and Colleen Peterson.

Condemnation of Buildings on the West Side of Elk Street Between Grant and Center Streets

City attorney Vince Crow advised that buildings in the section of Elk Street between Grant and Center Streets have been condemned in preparation for reconstruction of the A Street overpass and widening of Elk Street. The city attorney and landowners within that section, except Bill Valdez, have been ordered by a court

248 December 21, 2004

judge to obtain appraisals that all parties agree to. If the parties cannot reach an agreement, the judge will appoint a unilateral appraiser. Mr. Valdez has hired Mr. Vehar, an Evanston attorney, to represent his case. His trial in front of a judge has been set for April 25, 2005 and will last approximately four days. However, the case could be settled out of court before then. The overpass is scheduled to be demolished around February or March pending award of a contract in January.

Fluoridation of Potable Water

City engineer Paul Kauchich stated the issue of fluoridating drinking water is once again being considered. He said in the past the Joint Powers Water Board rejected the concept on the basis of excessive capital facility and operating costs. In addition, people in outlying districts previously voted against a referendum to fluoridate by a margin of two to one. He said getting everyone to agree is difficult. He said since one system serves the entire county, it would be highly unlikely to fluoridate the entire system for that segment wanting it and thus forcing those who do not want it to de-fluorinate. He said in addition to these obstacles, maintaining the right concentration of fluoride is not easy. Mayor Kaumo asked Mr. Kauchich to get information from Cheyenne and Laramie, cities that currently fluoridate, regarding their success and/or concerns with the program.

Goals for 2005

Councilman Porenta gave an overview of goals established at the council retreat along with suggestions for meeting those goals. They include, but are not limited to the following:

Construction 1. Place regulatory language in ordinance requiring fences Sites and dumpsters on construction sites and incorporate the same language on building permits by the first part of the year. 2. Require contractors to post bond for dust control. Bitter Creek 1. Remove weeds and trash to get flow moving and to help Clean-up control mosquitoes. 2. Plaza Mall has been asked to erect a fence behind mall to help reduce junk that collects in the creek.

Weed control 1. Explore alternate methods for eradicating weeds. 2. Remove jail penalty from nuisance ordinance and place a time limit for which nuisances must be abated. If the time limit is not met, a ticket will be issued. 3. Take work restitution out of municipal court and make part of the police department. Rather than assessing fines, impose work restitution as punishment for crimes. 4. Create a youth corps funded by federal grants and supervised by city staff to clean city property. 5. Complaints called into the city must be abated within five days. 6. With Union Pacific entering into a Community Partnering Program, it’s a good time to create a good relationship with them and encourage them to clean their property. Bunning Park 1. Bathrooms are closed when water is shut off (late fall to spring). 2. New access to the park is contingent on completion of the A Street overpass. Band shell to be considered during budget process. Century Park 1. If city wants the park, it needs to be annexed and funds

249 December 21, 2004

budgeted for necessary upkeep. 2. City planner should check if parkland was dedicated to the county by BLM and whether ownership can be transferred. Buxton Study 1. With shortage of manpower in Sweetwater County, there is no reason to pursue Phase II of the Buxton Study to try to attract additional business. City Marketing 1. Quarterly newsletter considered. 2. Marketing Committee working with Sweetwater Cable to provide city-wide information channel. 3. Web site. Dewar Drive 1. Extend greenbelt from intersection of Gateway and Dewar Landscaping Drive through interchange after WyDOT completes the interchange. Design 1. Establish a design standard for metal buildings—require Standards brick or wood facades. Signs 1. Replace existing sign in front of city hall with one made of brick with brass lettering. 2. Add plexiglass lettering to “City of Rock Springs Proudly Supports This Project” signs to announce the impending project.

Department Reports

Department reports were distributed to council outlining goals and plans for 2005. New council members were given copies of council policy notebooks. Updated personnel policy handbooks will be distributed in the near future.

Other Considerations

The Fire Department was complimented for taking on the extra task of emergency medical services and helping to save lives.

Dave Silovich mentioned that with the shortage in the labor market, it would be prudent to consider raising base pay of part-time employees by 25 cents per hour for the next fiscal year and perhaps offer recreation memberships in order to remain competitive. It was also recommended that golf interns be hired to work at the pro shop in order to keep trained staff.

Mayor Kaumo reminded everyone to avoid unnecessary travel and to use city vehicles whenever possible. Councilman Kourbelas suggested implementing a policy whereby the city would reimburse charges for gas only when an employee uses a personal vehicle in lieu of a city vehicle for travel.

It was suggested that rather than creating a full-time grant-writing position, existing staff could search for grants within their current positions. Or, an independent grants writer could pay his own salary by seeking such a grant.

A combined workshop with Green River and other communities will be scheduled the first part of the year prior to the legislative session in order to present a cohesive plan to meet municipalities’ needs. Mayor Kaumo said he wants as much participation from department heads as possible at the legislative session. He will provide a pamphlet with the names of senators and representatives with their seating arrangement so they can be e-mailed while on the floor.

Another issue discussed was space at city hall and what the alternatives are for physical growth of the facility. One thought was to assess jail space in the county

250 December 21, 2004

and whether the city jail can be closed and put to another use. Another thought is to use money budgeted in this fiscal year for Wyoming Association of Municipalities dues to be placed in a building fund since WAM dues are not payable until July or August of the next fiscal year. Another source of revenues for a building fund could come from impact assistance monies from the Exxon expansion.

Mayor Kaumo said the city’s occupation license fee structure is in need of change to make it more efficient. He said categories should be limited to just five or six.

Sewer and water tap fees need to be raised. At the present rates, city costs exceed fees charged. The cost of a water tap is $75—the cost of a meter alone exceeds that amount. Some Wyoming cities charge up to $8,000 for a 6-inch meter. City engineer Paul Kauchich said an amendment to the ordinance could be in place in time to effect these changes before spring construction.

Mayor Kaumo urged new council members to attend the WAM winter workshop.

The workshop ended at 7:30 p.m. No action was taken.

XX24

City council met in regular session on December 21, 2004. Mayor Kaumo called the meeting to order at 7:00 p.m. Members present included Councilmen John Cheese, David Tate, Neil Kourbelas, Steve Shea, Kathy Gilbert, Chad Banks, Harry Horn, Kent Porenta, and Mayor Tim Kaumo. Department heads present included Michael Lowell, Vince Crow, Vess Walker, Brad Sarff, Paul Kauchich, David Silovich and Colleen Peterson.

Councilman Porenta moved to accept an amended agenda. Seconded by Councilman Shea. Motion carried unanimously.

Councilman Banks moved to approve the December 7 minutes. Seconded by Councilmember Gilbert. Motion carried unanimously.

BID OPENINGS

Fountain Club Building

Greg Fischer & Ashley Clark Rock Springs, WY $14,001.00

The bid was referred to the Building Committee for review and recommendation at a future council meeting.

PRESENTATIONS

Employee Recognition

Mayor Kaumo presented service plaques to the following long-term employees:

25 Years - George Pryich 20 Years - Charles Compton Vickie Dieckgrafe 15 Years - Carline Lansang Lyle Armstrong

25 1 December 21, 2004

Roberta Brown Dale Hildebrant Dan Hinesley Shawn Wells Landy Bain Larry Elder Randy McJunkin Donald Smith Thomas Hornsby 10 Years - Shea Klapel

PETITIONS

Pat Mehle-Grant Deed Cyril Rahonce Property

Mayor Kaumo explained Cyril Rahonce’s children are interested in donating property to the city of Rock Springs for the purpose of establishing and maintaining a city park. He asked if the family desired a specific name for the park. Mr. Mehle stated the request of the family is to name the park The Cyril and Angela Rahonce Memorial Park. Mayor Kaumo asked if a design has been chosen for the memorial. Mr. Mehle explained that the family is in the process of accumulating funds for the memorial but a design has not been chosen.

Dave Hanks-Lighted Christmas Parade

Mr. Dave Hanks, on behalf of the Rock Springs Chamber of Commerce, thanked the city Police Department, Streets Department, and Recreation Department for their help in making the 7th Annual Holiday Lighted Christmas Parade a big success. He thanked the museum for opening their doors for the event this year. He added the community showed its support by being the largest crowd to date and the largest number of parade entries.

Community Development Block Grant

Mr. Hanks reported the Wyoming Business Council approved a $25,000 grant to conduct a feasibility study for the High Desert Interpretive Center. He thanked Councilman Kourbelas for helping with the grant and stated they are looking forward to presenting the study results to the council in the future.

OFFICERS AND STAFF REPORTS

Councilmember Gilbert moved to approve the Animal Control Report for November, the health insurance fund recap for November and the financial reports for November. Seconded by Councilman Banks. Motion carried unanimously.

COUNCIL COMMITTEE AND BOARD REPORTS

Parks and Recreation Advisory Board Recommendations

Councilman Shea reported the following Parks and Recreation Advisory Board recommendations for the family recreation center: 1. request $5000 funding to extend the day care service for 3 more months and raise one day care employee wage to $6.50/hr.; 2. free admission on New Year’s Day and offer a special buy one-month membership, get one-month membership at a 25% discount on that day. Mayor Kaumo stated the interest in the day care program is growing and he would like the council to support the recommendation. Councilman Kourbelas reported the subsidy for the day care program has been approximately 50% for the past three

252 December 21, 2004

months. He added he is encouraged by the attendance numbers and feels the next three months will tell if the program is successful.

Councilmember Gilbert-Thank you

Councilmember Kathy Gilbert thanked Mayor Kaumo, council, department heads, and city staff for making her term as a council member a wonderful and memorable experience. She praised staff for helping her understand the workings of city government. She thanked council for treating her with respect. She stated her constituents are pleased with the way the city is moving. She said she is proud of what the city is accomplishing. She added representing the city of Rock Springs has been the greatest honor of her life.

CORRESPONDENCE

The following correspondence was received: 1. Bitter/Killpecker Creek Watershed Advisory Group Dec 8 agenda and Oct 20 minutes; 2. a thank you note from Brenda Gray to Mayor Kaumo for city pins that were given to Japanese students and city officials; 3. an announcement from the Sweetwater County Child Development Center for the 11th Annual Sweetheart Car Show; 4. notification from the Wyoming Retirement System that the referendum to allow Medicare coverage only for paid fireman and certain police positions failed.

Councilman Horn moved to accept the correspondence and place it on file. Seconded by Councilman Cheese. Motion carried unanimously.

BILLS AND CLAIMS

The following bills and claims were submitted for payment.

A. Daigger & Co. Inc. 498.78 Big Nickel 86.50 Ace Hardware 4,120.93 Big Thicket Broadcasting 794.00 Adams, Tray 20.71 Bike Nashbar 128.90 Adler, Sadie 18.00 Black, Jennifer 21.00 Adolph Kiefer & Assoc. 371.14 Blossom, Tami 13.00 ADP Screening & Selection Service 160.00 Bob's Plumbing 90.00 Advanced Telesystems 40.00 Bookcliff Sales, Inc. 66.68 Airgas Intermountain 1,249.87 Books West LLC 90.03 Allied Glass Service 67.48 Bowker Construction 150.00 Alpine Office Supply 1,327.54 Brant, Justin & Angela 14.98 ALSCO-American Linen 2,152.02 Buckendorf, Ally 20.00 American Bankers Assoc. 108.00 Callas, Michael 325.00 American Red Cross 24.00 Carr, Richard L. 167.62 American Water Works Assoc. 176.00 Casper College 20.00 Anderson, Sheri 13.00 Casper Star Tribune 1,134.33 Aquam Aquatic Specialist, Inc. 425.15 Century Martial Art Supply 133.89 Archibald, Travis 35.00 Checker Auto Parts 250.85 Armstrong, Lyle 143.81 City Auto Sales 1,061.86 Arnold Law Offices 712.50 Control Temperature Specialists 522.85 Atwood, Freida 37.00 Copier & Supply Co. 216.00 Auto Parts Unlimited 1,084.84 Copyex, LLC 103.21 Awards Unlimited 99.00 Corporate Express 1,384.34 AZ Commercial 31.82 Crider, Duane 359.00 Bauer Nike Hockey USA, Inc. 272.31 Crum Electric 405.86 Bennett's Paint & Glass 685.97 Culligan Soft Water Service 73.50 Bicentennial Apt. Village 19,218.00 Debernardi Construction 4,907.46

253 December 21, 2004

Debernardi Construction 44,167.08 L&L Rentals 485.00 Dell 437.84 Lamar Co. 800.00 Delong, Mark B 120.00 Larimore, Jubal 66.49 Dial Oil, Inc. 13,811.27 Lathrop Feed & Equip. 1,780.76 Display Sales 7,370.00 Law Enforcement Executive Dev. 70.00 Dynamix 313.89 Lay, Walter 322.00 Electronic Data Solutions 11,970.50 Leibee Precision Machine 40.00 Emergency Medical Production 466.11 Lewis & Lewis, Inc. 77.70 Falcon Supply Co. 2,655.00 Lewis Tree Service 680.00 Federal Licensing, Inc. 119.00 Lison, Lisa 50.00 Fedex 22.90 Majhanovich, Richard 364.00 Firehouse Magazine 78.00 Mann, Steve & Desiree 46.40 Fitco 815.00 Martin, Jamie 29.00 Fleming Gray 590.00 McCurtain, W R 16.84 Flynn, Roland 82.62 McFadden Wholesale 716.05 Forest Line Construction 32,576.64 McGrew, Elwin 157.00 Fremont Motors 602.48 Meadow Gold Dairies 238.17 Gallegos, Larae 66.06 MHSC 889.26 Gibbons, Wallace 3.11 Metal Letters 899.00 Gibbs, Rich 193.00 Mid American Specialties 408.78 Giberson, Harold 110.00 Miller, Sheila 5.00 Global Equipment Co. 243.30 Miller, Steve 171.06 Goicoechea, Martin 10.82 Mitchell, Alike 37.00 Gorge Rock Products 2,214.28 Morcon Speciality 313.62 Gossett, Machelle 142.00 Motorola 41,221.66 Grainger, Inc. 95.59 Mountain States Fence Co. 55,835.32 Grand Junction Housing Auth. 483.00 Mountainland Fire Protection 812.06 Gunderman, Bill 25.51 Myers, Jessica 13.00 Gutierrez, Ana Maria 37.00 National Rec & Parks Assoc. 65.00 Hafey Properties Limited 65.00 Nautilus/Schwinn Fitness Group 18.42 Hafey Properties Limited Part. 228.00 Neve's Uniforms, Inc. 968.95 Harsha, Brenda 13.00 New Studio 42.95 Hilty, Laura 35.00 Newhall, Chandler & Amy 61.50 Homiston, Michael & Gayle 34.80 Nicros, Inc. 125.70 Housing Auth. of Salt Lake City 1,207.56 Noble, Kim & Russell 244.51 Howard Supply 429.28 Normont Equipment 467.12 Hunter Family Medical Clinic 185.00 Norris, Jack 13.58 IBM-Maintenance 4,461.78 North Carolina State University 395.00 Imperial Apts. 43.00 Northwest Scientific 73.89 Indo-American Engineering 2,074.00 NTOA-Void (1,058.00) Intl. Assoc. of Fire Chiefs 170.00 NuTech Specialties 3,879.85 J.P. Cooke Co. 47.54 Ohana Properties 265.00 Jackson Ultima Skates, Inc. 92.41 Online Stores, Inc. 587.15 James A. Doherty Co., Inc. 264.09 Orkin Exterminating 208.00 Jenkins, Carol Ann 45.82 PJ Lamana, Inc. 450.00 Johnson, David & Sherri 93.56 Pacific Power 65,454.61 Joint Powers Water Board 124,523.42 Pacific Steel Recycling 86.96 Kellerstrass 1,121.10 Page, Teresa 43.00 Kiesler Police Supply 3,402.56 Page, William 5.72 KMER-AM 185.50 Pandalis, John 246.00 Kopy Korner 143.50 Pesticide Applicator 160.00 Korhonen, Patricia 37.18 Peterson, Dusty 50.00 KRKK-AM/KQSW 1,094.97 Pitney Bowes 89.00 Kroner, Ludwig 15.35 Pitney Bowes Purchase Power 2,100.00 L.N. Curtis & Sons 30.74 Pitts, Gail 303.00

254 December 21, 2004

Porter, Heather 35.00 Stromberg, Violeta 18.00 Portillo, Michael J. 152.21 Sungard HTE, Inc. 45,845.00 Power Music 108.75 Surfaces, Inc. 2,651.46 Primedia Workplace Learning 41.95 Sweetwater County 3,406.00 Pro-Shade 408.00 Sweetwater County Treasurer 52.06 PT Construction 825.00 Sweet. Cnty. Historical Museum 84.00 Public Safety Warehouse 264.20 Sweetwater Heights 182.00 Questar 9,744.47 Sweetwater Plumbing & Heating 12.90 Questar Infocomm 125.00 Sweetwater Television 221.91 Qwest 4,175.13 Thatcher Co. 655.09 R.T. Rentals 318.00 The Network 812.50 Rasmussen, Kevin 101.23 U.S. Plastic Corp. 61.10 Rasmussen, Shannon 17.71 Ultramax 2,170.00 Ray, Wechonhpecala 37.00 Union Pacific Railroad 100.00 Real Kleen, Inc. 117.18 United Parcel Service 98.37 Respond First Aid 419.72 United Reprographic Supply, Inc. 95.00 Rock Springs Auto Body 806.97 United States Welding 16.70 RS Chamber of Commerce 200.00 Vaughn's 871.12 RSMU 24,124.27 Veco USA, Inc. 20,000.00 Rock Springs Newspaper 72.78 Vernal City Corporation 53.00 Rock Springs Winlectric 9.00 Volsic, William & Kena 117.27 Rock Spring Winnelson 5,925.83 Voodoo Holds 1,457.18 Rockwell Automation 2,197.60 Wagner, Carol & Mike 11.40 Rocky Mountain Service Bureau 36.76 Wallendorf, Robert 38.78 Rocky Mountain Turf 280.26 Wamco Lab, Inc. 495.00 Romero, Andy & Tami 101.61 Wamsley, Celeste 110.00 Rose, Susan & Todd 94.54 Weaver, Troy 27.43 Ruiz, Amanda 25.00 Weir, William 20.71 Salazar, Jonathan 232.31 Wells Fargo Card Services 1,181.93 Sanborn Map Co., Inc. 58,674.10 Wells Fargo Remittance Center 1,930.20 Santhanawit, Kalaya 35.00 Western Wyoming Beverage 137.50 Saunders, Heather 25.00 Wheatland Fire Equipment 122.98 Schilder, Bill or Patricia 9.31 Whisler Chevrolet Co. 67.29 Shahan Weed & Pest Control 125.00 Wilkinson, Kimberly 34.00 Shantz, Norman 240.00 Wyoming Dept of Rev & Taxation 488.05 Sherwin Williams 942.78 Wyoming Dept of Transportation 3,052.34 Shock Doctor, Inc. 373.84 Wyoming.com 727.44 Sisneros, Maria 18.00 Wyoming Environmental Services 1,943.91 Six States Distributors 17.63 Wyoming Heritage Foundation 200.00 Skips Tire 40.00 Wyoming Investigators Assoc. 75.00 Skyline Property Group, LLC. 309.00 Wyoming Peace Officer's Assoc. 420.00 Sloan, Milissa 13.00 Wyoming Sanitation 57.73 Smyth Printing 256.83 Wyoming Water Assoc. 300.00 South East Chemicals 279.80 Yarber, Jalynn 20.00 Southard, Edwin Lynn 58.31 Young Electric Sign Co. 207.00 Southwest Counseling Service 1,200.00 Zanetti Prestige Collision 922.95 Southwest Machine & Welding 265.00 Zans, David E. 16.38 Sports Turf Managers Assoc. 120.00 Zep Manufacturing 853.92 SST Testing+, Inc. 405.00 2XL Corporation 1,067.92 State of Wyoming 88.00 Total $ 695,958.83 Sterling Communications 563.26

Report Checks for December 5

255 December 21, 2004

Aflac Insurance Employee Premiums 1,643.18 Highmark Life & Casualty Employee Premiums 1,479.20 Equitable Life Employee Deferred 725.00 ICMA Retirement Corp Employee Deferred 8,008.25 Great-West Life & Annuity Employee Deferred 4,416.00 Nationwide Retirement Solutions Employee Deferred 600.00 AFSCME Local $1004 Employee Dues 24.75 Colonial Life & Accident Employee Premiums 88.72 Wyoming Child Support Enforcement Child Support 4,256.95 State of Idaho Child Support Child Support 249.00 RS Firefighter Assoc. #1499 Employee Dues 1,102.00 US Dept of Education Employee Garnishment 295.33 City of Rock Springs Miscellaneous Deduction 165.93 RS City Treasurer Employee BCBS Reimbursement 18,246.53 496 & 872 NCPERS Group Life/Prudential Group Life Employee Deductions 825.00 New York Life Insurance Employee Premiums 86.46 RS Police Protective Assoc. Employee Dues 380.00 UMWA/OAW Local #4893 Employee Dues 950.36 United Way of Sweetwater Cnty Employee Deductions 233.70 Waddell & Reed Financial Services Section 529 Plan 130.00 Wyoming Retirement System Fire Benefit city/emply 27,557.21 Wyoming Workers Comp Employee Benefits 28,612.11 Wyoming Workers Comp Work Restitution 41.93 Wyoming Workers Comp Volunteer Program 13.98 Wyoming Retirement System Employee Benefits 52,496.10 Wyoming Retirement System Law Enforcement 41,204.50 Sweetwater Federal Credit Union Employee Deductions 52,953.78 Internal Revenue Service Electronic Fund Transfer 137,224.78 Total $ 384,010.75

December 5 Salaries $613,707.01

Councilman Banks moved to approve the bills and claims for December 21 and the December 5 salaries. Seconded by Councilmember Gilbert. Motion carried unanimously.

UNFINISHED BUSINESS

Recommendation from City Planner for Sweetwater County Unified Development Code’s Planning Area Boundary and Land Use Map

City planner, Laura Crandall explained tabled Resolution 2004-219 has been amended as follows: 1. recommendations are only regarding the city growth areas designated on the map; 2. Ivan Ray Road designation changed to Heavy Industrial; 3. only recommending proposed land uses within the area. Councilman Porenta questioned the need to vote on this resolution tonight since the comment period on the growth plan is open until February. County planner Mark Kott explained the public comment period has been extended to February 15 but it is necessary that the county Planning and Zoning Commission have some direction as to how the city feels about their growth areas. He explained the county commissioners would consider a formal recommendation that is created by the Planning and Zoning Commission and there will be further hearings on those recommendations. He emphasized this is just a resolution of recommendations that may not be adopted in

256 December 21, 2004

the final document. Councilman Horn expressed concern that the city should sit on this resolution until everyone else has submitted comments in February. Ms. Crandall stated the county needs to move forward with recommendations at this time and there would be another document in the future to consider. Councilman Porenta stated he is not comfortable with wording in the resolution that states “The city of Rock Springs at this time is not recommending approval of the Draft Unified Development Code of Sweetwater County in its entirety.” Councilman Kourbelas suggested amending the resolution to strike that item from the resolution.

NEW BUSINESS

Councilmember Gilbert moved to approve bingo and pull tab license applications for American Legion Archie Hay Post #24, Scottish Rite Foundation (Galaxy Bingo), RS Young-at-Heart Senior Center, BPO Elks Lodge #624, Fraternal Order of Eagles #151, Helping Hands Corporation (BADA Bingo), RS Shrine Club (Treasure Chest), Community Support Foundation (Lucky Bucks Rapid Bingo), and RS Humane Society (Fast Action Bingo). Seconded by Councilman Porenta. Discussion followed regarding the charitable contributions. Director of Administrative Services Colleen Peterson explained each applicant is required to submit a financial statement with a breakdown of charitable contributions, and the sponsoring non-profit organization is encouraged to have a written agreement so they receive the benefit from the sponsorship. Motion carried unanimously.

Councilman Banks moved to approve a request from the Parks and Recreation Advisory Board to continue day care services at the family recreation center for January, February and March and to offer free admission and a membership special on New Year’s Day at the family recreation center. Seconded by Councilmember Gilbert. Motion carried unanimously.

Councilman Porenta moved to approve a recommendation from the Director of Administrative Services to approve a proposal from Sun Life Financial to provide group life insurance. Seconded by Councilman Tate. Motion carried unanimously.

Councilman Tate moved to approve a recommendation from the Director of Administrative Services to amend the promissory note and loan re-amortization schedule for the Sunset Sewer Line Project loan. Seconded by Councilman Shea. Motion carried unanimously.

Councilmember Gilbert moved to approve a request from Black Rock Inc., for a catering permit for a New Year’s Eve party at the White Mountain Golf Course. Seconded by Councilman Banks. Motion carried unanimously.

RESOLUTIONS

Councilman Shea moved to remove Resolution 2004-219 from table. Seconded by Councilmember Gilbert. Motion carried unanimously. Amended Resolution 2004-219, A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF ROCK SPRINGS, WYOMING, RECOMMENDING TO THE SWEETWATER COUNTY BOARD OF COUNTY COMMISSIONERS ACCEPTANCE OF THE SWEETWATER COUNTY UNIFIED DEVELOPMENT CODE’S PLANNING AREA BOUNDARY MAP AND THE PROPOSED LAND USE DESIGNATIONS WITHIN THE CITY GROWTH AREAS AS SHOWN ON THE SWEETWATER COUNTY LAND USE PLAN MAP (ATTACHED), was read by title. Councilmember Gilbert moved to approve Resolution 2004-219. Seconded by Councilman Porenta amending the resolution to remove item #2 from the resolution. Upon roll call the following voted in favor:

257 December 21, 2004

Councilman Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta and Mayor Kaumo. Councilmember Gilbert moved to approve amended Resolution 2004-219. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilman Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea and Mayor Kaumo. Motion carried.

Resolution 2004-221, A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT WITH THE WHITE MOUNTAIN WATER AND SEWER DISTRICT, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, AND COLLEEN A. PETERSON, AS CITY CLERK OF THE CITY OF ROCK SPRINGS, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY, was read by title. Councilmember Gilbert moved to approve Resolution 2004-221. Seconded by Councilman Horn. Upon roll call the following voted in favor: Councilman Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea, and Mayor Kaumo. Motion carried.

Resolution 2004-222, A RESOLUTION ACCEPTING AND APPROVING A CONTRACT WITH EVERCLEAR CO., IN THE AMOUNT OF $32,000.00, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR, AND COLLEEN A. PETERSON, AS CITY CLERK, TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ROCK SPRINGS, was read by title. Councilman Banks moved to approve Resolution 2004-222. Seconded by Councilman Shea. Upon roll call the following voted in favor: Councilman Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert and Mayor Kaumo. Motion carried.

Resolution 2004-223, A RESOLUTION ACCEPTING AND APPROVING A COMMUNITY DEVELOPMENT BLOCK GRANT, THROUGH THE STATE OF WYOMING BUSINESS COUNCIL, AND AUTHORIZING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE SAID GRANT DOCUMENTS ON BEHALF OF SAID CITY, was read by title. Councilman Kourbelas moved to approve Resolution 2004-223. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilmember Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas and Mayor Kaumo. Motion carried.

Housing Resolution 2004-224, A RESOLUTION ACCEPTING AND APPROVING CHANGE ORDER NUMBER THREE (3) WITH FOREST LINE CONSTRUCTION, LLC. 9334 S 370 W SANDY, UTAH 84070 IN THE AMOUNT OF ($914.06) TO REDUCE THE CONTRACT DUE TO FINAL ADJUSTMENTS OF QUANTITIES AT CENTURY SQUARE ON THE SIDING CONTRACT AND AUTHORIZING TIMOTHY A. KAUMO IN HIS CAPACITY AS CHAIRMAN OF THE HOUSING COMMISSION TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE ROCK SPRINGS HOUSING AUTHORITY, was read by title. Councilman Horn moved to approve Resolution 2004-224. Seconded by Councilman Porenta. Upon roll call the following voted in favor: Councilman Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta and Mayor Kaumo. Motion carried.

Resolution 2004-225, A RESOLUTION APPROVING AND ADOPTING A DRAFT SWEETWATER COUNTY/MUNICIPAL ALL HAZARDS MITIGATION PLAN, was read by title. Councilmember Gilbert moved to approve Resolution 2004-225. Seconded by Councilman Kourbelas. Discussion followed regarding the reason the Summit Drive Drainage Channel is still on the FEMA map. City planner Laura Crandall stated the FEMA map is the official document that the city is required to use at the present time. Councilman Kourbelas

258 December 21, 2004

asked if the map would be updated by the time the final mitigation plan is up for approval. Judy Valentine, director of Emergency Management said it would not be possible for FEMA to update the map in that time frame. She suggested the mayor and council meet with the State Flood Insurance Program manager to look over the area and make recommendations. Councilman Kourbelas expressed concern that it would be a waste of resources to include the Summit Channel as an area that needs mitigation when it is near completion. Ms. Valentine stated the supporting documents list the Summit Channel as near completion. Mayor Kaumo stated he would accept the invitation for staff to meet with the State Flood Insurance manager to discuss future mitigation plans so the city can see some relief from the flood boundaries. Upon roll call the following voted in favor: Councilmember Gilbert, Banks, Horn, Porenta, Shea, Cheese, Tate, Kourbelas and Mayor Kaumo. Motion carried.

Resolution 2004-226, A RESOLUTION ACCEPTING AND APPROVING A GRANT DEED FROM PATRICK M. MEHLE, ATTORNEY IN FACT FOR FRANCES A. PERKINS, MARIAN P. JENSEN AND PAULA I. WATTS, CONVEYING AND GRANTING TO THE CITY OF ROCK SPRINGS, WYOMING, CERTAIN REAL PROPERTY TO BE USED FOR PUBLIC PURPOSES, was read by title. Councilman Porenta moved to approve Resolution 2004-226. Seconded by Councilman Cheese. Upon roll call the following voted in favor: Councilman Kourbelas, Tate, Cheese, Shea, Porenta, Horn, Banks, Gilbert and Mayor Kaumo. Motion carried.

Resolution 2004-227, A RESOLUTION ACCEPTING AND APPROVING GROUP LIFE INSURANCE RATES WITH SUN LIFE FINANCIAL, AND AUTHORIZING AND DIRECTING TIMOTHY A. KAUMO, AS MAYOR OF THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE THE GROUP LIFE INSURANCE CONTRACT ON BEHALF OF THE CITY WHEN IT IS RECEIVED, was read by title. Councilman Tate moved to approve Resolution 2004-227. Seconded by Councilman Kourbelas. Upon roll call the following voted in favor: Councilman Porenta, Horn, Banks, Gilbert, Kourbelas, Tate, Cheese, Shea and Mayor Kaumo. Motion carried.

Resolution 2004-228, A RESOLUTION AUTHORIZING VINCENT E. CROW, CITY ATTORNEY FOR THE CITY OF ROCK SPRINGS, WYOMING, TO EXECUTE A LETTER OF CONSENT FOR DANN & MEACHAM, ATTORNEYS AT LAW, was read by title. Councilman Shea moved to approve Resolution 2004-228. Seconded by Councilmember Gilbert. Upon roll call the following voted in favor: Councilman Shea, Cheese, Tate, Kourbelas, Gilbert, Banks, Horn, Porenta and Mayor Kaumo. Motion carried.

ANNOUNCEMENT

Mayor Kaumo announced a reception for the out-going and in-coming council on January 4, 2005. He invited the public to attend.

ADJOURNMENT.

There being no further business to come before council, the meeting was adjourned at 8:15 p.m.

* * *

259 December 21, 2004