The Kemmerer City Council met in regular session this 22^nd day of August, 2011, at 7 p.m. in the City Council Chambers, City Hall, Kemmerer, Wyoming. The Pledge of Allegiance was recited. Present on roll call were Councilwoman Kelly Blue, Councilman Brian Burg, Councilman James Burnett, Mayor Zem Hopkins, Councilman Robert Reetz, Councilman Eric Rudy and Councilman Anthony Tomassi.

Motion was made by Councilwoman Blue to approve the agenda of August 22, 2011 as amended; seconded by Councilman Tomassi. The Mayor then called for the question. Those voting "Yea" - Councilwoman Blue, Councilman Burg, Mayor Hopkins, Councilman Tomassi, Councilman Rudy and Councilman Reetz. Those voting "Nay" - Councilman Burnett. Motion carried.

PUBLIC HEARING:

The Mayor then opened the Public Hearing on the proposed application to the Wyoming Business Council for a Business Ready Community-Downtown Development Grant. There being no public questions or comments, the Public Hearing was closed.

VISITORS’ COMMENTS:

(1) April Corwin, representing the Kemmerer Recreation Advisory Board, approached Council regarding making the city parks smoke and tobacco free zones. Britney Ritter also addressed council regarding this item.

Motion was made by Councilman Burg to approve the items on the consent agenda as presented; seconded by Councilwoman Blue and unanimously approved by Council. Those items were:

(1) approval of the minutes of August 8, 2011 as presented;

(2) approval of the payment of the bills and payroll as presented.

OLD BUSINESS:

(1) Motion was made by Councilman Tomassi to pass on second reading Ordinance No. 2011-820 providing for the procedure of the Kemmerer City Council in declaring and filling a vacancy on the City Council; seconded by Councilman Rudy and unanimously approved by Council.

(2) Motion was made by Councilwoman Blue to pass on second reading Ordinance No. 2011-821 amending Section 15-14 of the Kemmerer City Codes relating to the discharge of fireworks in the corporate limits; seconded by Councilman Rudy.

Motion was made by Councilman Tomassi to amend the proposed ordinance to add "July 3^rd from 12 noon to 11 pm and July 4^th from 12 noon to midnight"; seconded by Councilman Reetz. The Mayor then called for the question. Those voting "Yea" - Councilman Tomassi, Councilman Rudy and Councilman Reetz. Those vopting "Nay" - Councilwoman Blue, Mayor Hopkins, Councilman Burg and Councilman Burnett. Motion was defeated.

Motion was made by Councilman Tomassi to amend the proposed ordinance to add "on July 3^rd from 5 p.m. to 10- pm and on July 4 from 12 noon to midnight; seconded by Councilman Burnett. The Mayor then called for the question. Those voting "Yea" - Councilman Burnett, Councilman Reetz and Councilman Tomassi. Those voting "Nay" - Councilwoman Blue, Councilman Burg, Mayor Hopkins and Councilman Rudy. Motion was defeated.

The Mayor then called for the question on the original motion. Those voting "Yea" - Mayor Hopkins, Councilwoman Blue, Councilman Burg and Councilman Rudy. Those voting "Nay" - Councilman Burnett, Councilman Reetz and Councilman Tomassi. Motion carried.

(3) Motion was made by Councilman Blue to pass on second reading Ordinance No. 2011-822 amending Section 5-12(b) of the Kemmerer City Codes relating to the keeping of animals - exceptions; seconded by Councilman Tomassi.

Motion was made by Councilman Tomassi to remove from the proposed ordinance the part that says "and chickens excluding roosters"; seconded by Councilwoman Blue. The Mayor then called for the question. Those voting "Yea" - Mayor Hopkins and Councilman Tomassi. Those voting "Nay" - Councilwoman Blue, Councilman Burg, Councilman Burnett and Councilman Rudy. Motion was defeated.

The Mayor then called for the question on the original motion. Those voting "Yea" - Councilwoman Blue, Councilman Burg, Councilman Burnett, Councilman Rudy and Councilman Reetz. Those voting "Nay" - Mayor Hopkins and Councilman Tomassi. Motion carried.

NEW BUSINESS:

(1) Motion was made by Councilwoman Blue to authorize the Mayor to sign the license agreements with the American Music Composers, Authors and Publishers (ASCAP); Broadcast Music Inc. (BMI); and SESAC; seconded by Councilman Tomassi. The Mayor then called for the question. Those voting "Yea" - Councilwoman Blue, Mayor Hopkins, Councilman Tomassi, Councilman Rudy and Councilman Reetz. Those voting "Nay" - Councilman Burnett and Councilman Burg. Motion carried.

(2) Motion was made by Councilman Tomassi to authorize a public hearing to dispose of municipal property; seconded by Councilwoman Blue and unanimously approved by Council.

(3) Motion was made by Councilman Burnett to authorize the Mayor to sign the "assignment agreement" with Collection Professional Inc. (CPI); seconded by Councilman Burg and unanimously approved by Council.

(4) Motion was made by Councilman Burg to reject any and all bids for the 2011 Energy Efficiency Retrofit Project; seconded by Councilman Burnett and unanimously approved by Council.

(5) Motion was made by Councilwoman Blue to authorize the Mayor to sign the grant agreement for the Kemmerer/Lincoln County Airport; seconded by Councilman Burnett and unanimously approved by Council.

(6) Motion was made by Councilman Reetz and seconded by Councilman Tomassi to authorize the Mayor to sign the letter of support to the City of Laramie. The Mayor then called for the question. Those voting "Yea" - Councilman Tomassi, Councilman Rudy and Councilman Reetz. Those voting "Nay" - Mayor Hopkins, Councilman Burnett, Councilman Burg and Councilwoman Blue. Motion was defeated.

(7) Motion was made by Councilman Tomassi to pass, approve and adopt Resolution No. 2011-656 authorizing an application for Downtown Development Grant from the Business Ready Community Program; seconded by Councilman Reetz and unanimously approved by Council.

(8) Motion was made by Councilman Burg to authorize the Mayor to sign the "Lease Agreement" with the Kemmerer/Diamondville Chamber of Commerce; seconded by Councilman Rudy and unanimously approved by Council.

(9) Motion was made by Councilwoman Blue to approve amendment #5 for the Kemmerer Airport Obstruction survey and to pass, approve and adopt Resolution No. 2011-657 authorizing the Mayor to act on the request for state aid; seconded by Councilman Reetz. The Mayor then called for the question. Those voting "Yea" - Councilwoman Blue, Mayor Hopkins, Councilman Tomassi, Councilman Rudy and Councilman Reetz. Those voting "Nay" - Councilman Burg and Councilman Burnett. Motion carried.

(10) Motion was made by Councilman Reetz to authorize the Mayor to sign the letter of support for the County sponsored CDBG grant; seconded by Councilwoman Blue.

Motion was made by Councilman Reetz to amend the letter to strike out any mention of financial obligations by the cities and towns; seconded by Councilwoman Blue. The Mayor then called for the question on the proposed amendment. Those voting "Yea" - Councilwoman Blue, Councilman Burg, Councilman Tomassi, Councilman Rudy, Councilman Reetz and Mayor Hopkins. Those voting "Nay: - Councilman Burnett. Motion carried

The Mayor then called for the question on the original motion as amended. Those voting "Yea" - Councilwoman Blue, Councilman Tomassi, Councilman Rudy, Councilman Reetz and Mayor Hopkins. Those voting "Nay" - Councilman Burg and Councilman Burnett. Motion carried.

COMMENTS:

(1) City Administrator Mike Archibald updated council.

(2) Comments were made by Councilwoman Blue.

(3) The Mayor had no comments.

There being no further business before Council, motion was made by Councilwoman Blue the meeting be adjourned; seconded by Councilman Burnett and unanimously approved by Council, 9:15 p.m.

CITY OF KEMMERER, WYOMING

BY: ____________________________________

ZEM D. HOPKINS, MAYOR

ATTEST:

______________________________________

GLENDA R. YOUNG, CLERK/TREASURER