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HomeMy WebLinkAbout962299RESOLUTION 2011 -30 WHEREAS, in the summer of 2008, the Diamondville Town Council decided to sell, by sealed bid, certain parcels of real property that were owned by the Town; and on June 26, July 3, July 10 and July 17, all of 2008, the Town caused the property sale to be advertised according to Wyoming law, and a copy of the property sale notice is attached hereto as Exhibit "A and on July 21, 2008, the Diamondville Town Council, in a properly advertised public meeting, opened bids from parties interested in purchasing certain lands from the Town; and WHEREAS, the Town Council received only one (1) bid on the land in question, in the amount of $45,001.00 from DJ's Holdings, Inc.; and WHEREAS, the attorney serving the Town at that time advised the Town Council that all notice and bid requirements had been met; and WHEREAS, Council Member Dan Dean made a motion to accept the bid, and Council Member Char Smith seconded the motion, and the Council voted unanimously to accept the bid; and the minutes from that July 21, 2008 meeting are attached hereto as Exhibit "B and WHEREAS, on July 28, 2008, a letter was issued by then Town Clerk Jeanne Horsburgh to DJ's Holdings, Inc., informing them of acceptance of the bid, and a copy of said letter is attached hereto as Exhibit "C and 00716 WHEREAS, the Town Council and Mayor had properly authority to transfer said property out of the ownership of the Town of Diamondville; and WHEREAS, the Town of Diamondville caused a quitclaim deed to be drafted and signed on July 22, 2008, and said deed purports to remise, release and forever quitclaim to DJ's Holdings, Inc. all right, title, interest, possession, property, claim and demand that the Town had in the following property: Lot 24, 25, 26 and the Northerly 10 feet of Lot 23, all of Block 12 to the Town of Diamondville, Lincoln County, Wyoming as described on the official plat thereof, also Parcel 14 of the Town of Diamondville, Lincoln County, Wyoming as described on the official plat thereof; and WHEREAS, in November of 2011, the Town of Diamondville was informed by officials from Lincoln County, Wyoming, that county land records indicated that the above mentioned parcels of land were still listed in the name of the Town; and WHEREAS, a check of the county records appears to indicate that the original quitclaim deed, mentioned above, had never been recorded on the Lincoln County land records; and the original and unrecorded deed could not be found; and a photocopy of the original quitclaim deed was found in the Town's own records, and a copy of said deed is attached hereto as Exhibit "D and Q w WHEREAS, the present Town Council and Mayor desire to ratify the actions of the co previous Council and Mayor in transferring the real property; and the Town intends to w resolve this matter by issuing a new quitclaim deed, to be recorded on the county be recvi co records of Lincoln County; and o a) a ct WHEREAS, the original quitclaim deed was executed under the authority of a previous r z z v mayor and council; and the present Council and Mayor have fully reviewed this matter 0 w w p NOW THEREFORE BE IT HEREBY RESOLVED that the Town Council of the w aw o z Town of Diamondville, Wyoming, hereby ratifies and approves the action of a previous W m O Council in the sale and issuance of a quitclaim deed for the real property mentioned z above and that further, by approval of this resolution, the Town Council of the Town of Diamondville, Wyoming, does grant to the present Mayor and Town Clerk the proper authority to sign, issue and record a new quitclaim deed for the above mentioned lands, Page 1 of 2 Town of Diamondville, Wyoming Resolution transferring those lands unto DJ's Holdings, Inc.; and that this authority extends to any other acts necessary to carry out the express purpose and goal of this Resolution. DULY PASSED AND ADOPTED this j.. day of &umb e r, 2011. STATE OF WYOMING ss. COUNTY OF LINCOLN My Commission Expires(] 7 20 /s Page 2 of 2 Town of Diamondville, Wyoming Resolution Nicole Petersen Diane Housley Jeanine Horsburgh Barbara Carlisle The foregoing instrument was acknowledged before me by NICOLE PETERSEN, DIANE H SLEY, JEANNE HORSBURGH and BARBARA CARLISLE, this day of 2011. Witness y hand and official seal. Janette Simpson Notary Public fi rM My Commission Expires County of Lincoln State of Wyoming 00717 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming PROPERTY SALE The Town of Diamondville will receive sealed bids at the Diamondville ;3 Town. Hall, 20 U.S. Highway 30/189, P.O.:Box 281, Diamondville, WY 83116, for the sale of the property at 302 U.S. 30 (Lots 24, 25, 26 and North 10 feat of Lot 23, Block 12 and Parcel 14), This property is zoned commercial. It was also the site of an old gas station. The gas tanks were removed but some contaminated soil remains on a portion of the property. Bids shall be received until 7:00 p.m. on Monday, July 21, 2008, at which time they will be publicly opened and read aloud. The Town reserves the right to reject any and all bids and waive any irregularities in bids. June 26 -July 2 -10 -17 0626E by Miclia I, Michael Jensen, do hereby, upon my oath, depose and say that I am the General Manager of the KEMMERER GAZETTE NEWSPAPER, a once weekly newspaper published in the City of Kemmerer, County of Lincoln, in the State of Wyoming, and that said newspaper has a general circulation in said County and State; and that the legal notice herein attached was published in said newspaper for the full period of 4 consecutive issues /weeks; the first publication being on the 21e, ,j�'i day of C— j 20 DO and the last�Sublication being on the 17- day of 1 20 O and that sa'. advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) u61( v r� 0`718 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Michael Jen •ublisher p!P a :N..v ..v.Y^ tp'+T.L :A :�avl.Udei*r.N.�!h '4 tc CA6 Ui:!:'c'.'r',a3LK; u Cn rt'i of {r. tOtq f 1∎∎∎('01 ti Wyr..:i,1P 9 F•Y i ':;f rnnis¢Lm 5 r ;11 ?ev Y112 Subscribed in my presence and sworn to before me on this J day of Jensen, Pu fisher. Notary /6 atu'1 111 L) 00719 July 21, 2008 The Diamondville Town Council met in regular session on this date, July 21, 2008 at 7:00 p.m. in the Town Hall, the regular meeting place of the Council, pursuant to due notice and call. The meeting was called to order and upon roll call the following were found to be present constituting a quorum: Mayor Megan McCloud, Council Members Annis Nicotera, Ben Carotta, Char Smith and Dan Dean, constituting all the members thereof. Also present were Clerk Jeanne Horsburgh, Police Chief Jimmy Hahn, Street and Park Foreman Chuck Smith, Officer Ken Wong, Mike Butler, Susan Hunzie, June Somers, Conni McMillan, John Helen Anelli, Jerome Thorma Barrette, Attorney Dennis Boal, Rosalie Tratnik, Connie Bertagnolli, Terrel Davis, Sara with the Kemmerer Gazette and Jim with KMER. Susan Hunzie will be moved to visitor comments and the receptionist position will be discussed in executive session. Motion to approve the agenda as amended Council Member Carotta, second Council Member Nicotera. All voted aye. Carried. Conni McMillan, representing Fossil Fest, thanked Chuck and his crew, the police department and the Council for their assistance during Family Fun Night. Susan Hunzie presented the Council with several questions. Q. How many applications had been submitted for the receptionist position and did the Council review them and interview the applicants? A. Ten applications were submitted, the Council has not yet reviewed the applications, but will do so tonight and the interviews were done by a committee made up of Mayor McCloud, Chief Hahn, Wanda, and Gigi. Q. No qualifications were listed in the advertisement for this position, so how was this person selected? A. No selections have been made yet. Q. Will every applicant be presented to the Council for review? A. Yes Q. She understands this may turn into another position as Clerk of Court. A. The receptionist will help Janelle and yes it may turn into a separate position, adding that Chief Hahn explained that it is a conflict of interest for the Clerk of Court and Police Clerk to handle the same information. Q. According to WAM that is not correct and there is no state statute stating this. A. Attorney Boal stated that a letter from WAM and in talking to their attorney Mark Harris, and he agrees, Mr. Harris told him and the Mayor that there is no state statute that makes it a conflict of interest, but it is always better to separate these duties if you can, if the manpower is available. So it ends up a policy decision for the Council. Q. If this person does take the position of Clerk of Court will Janelle's hours be cut? A No decision has been made on hours. Q. She understands training is being scheduled and asked how many will be attending the training? A. There could be five, those being the receptionist, Jeanne, Jimmy, Janelle and Megan. Q. Why the Mayor. A. Because she wants to go and the training is free, it is included in the package. Q. Does that include lodging? A. No, but she is willing to pay for her own. Also answered was the Council approved the receptionist position and it was budgeted. Susan also questioned people riding with the officers, in their patrol car, while on duty. Helen questioned who would be running the Town if everyone goes to training. It will be closed. Helen would also like to see Diamondville Town Hall" placed on the front of the town hall. Minutes of the June 16 meeting were read and approved as written on a motion by Council Member Carotta and second by Council Member Smith. All voted aye. Carried. Minutes of the June 23r meeting were read and approved as written on a motion by Council Member Smith and second by Council Member Nicotera. All voted aye. Carried. Minutes of the June 30 meeting were read and approved as written on a motion by Council Member Dean and second by Council Member Carotta. All voted aye. Carried. Minutes of the July 7 meeting were read and approved as written on a motion by Council Member Nicotera and second by Council Member Carotta. All voted aye. Carried. The June Treasurer report was read and approved on a motion by Council Member Smith and second by Council Member Carotta. All voted aye. Carried. Chief Hahn read the Police report. Motion that the report be accepted Council Member Dean, second Council Member Nicotera. All voted aye. Carried. 0072u Chief Hahn read the Municipal Court Judge report. Motion that the report be accepted Council Member Carotta, second Council Member Nicotera. All voted aye. Carried. The Town did receive a copy of the encroachment permit, from the Wyoming Department of Transportation, for the bin wall project, north of the Black Diamond Park. Terrel Davis, who will be doing the work, was present and explained the difference between options #2 #3. The Council had concerns that option #3 would invite climbers. Option #2 is less detailed, but the Council felt this would be the best option. Option #2 would cost $26,400. Terrel felt the job would take about 8 weeks to complete and questioned if he could submit for payment as the work progresses, with a down payment so he can purchase material. Council Member Dean suggested a contract be drafted to cover the job and payment schedule. Terrel advised there will be a five year warranty on the work and the paint will need to be upgraded every 10 years. Mayor McCloud asked three times if there were any more bids on the old Bear Claw property. There being none the bicl previously submitted was opened and read. DJ's Holdings, Inc. bid $45001.00. Council Member Dean asked if the Town has met the statutory requirements concerning this. Attorney Boal advised with the necessary publication of the bid notice the Town has met the said requirements. Chuck did meet with the DEQ to locate the site where there were underground fuel tanks. They will be drilling test holes starting the first week in August. Council Member Dean would like to accept the bid and have the money placed aside for the museum. The Mayor and Council were in agreement. Motion Council Member Dean to sell this property to DJ's Holdings, Inc. for $45001.00, place the funds in the museum account and make sure the buyer is aware of the possible soil contamination due to the underground storage tanks, second Council Member Smith. All voted aye. Carried. Motion Council Member Nicotera to approve a malt beverage permit for the Town's Bootleggers Day celebration on August 9 second Council Member Dean. All voted aye. Carried. A variance for Domitilo Escareno on a garage at 307 Paper Collar Row was reviewed. Inspector Mike Butler explained the work to be done and why the variance was needed. This variance was approved by the Zoning Commission at their July 9 meeting. Motion to approve the variance Council Member Dean, second Council Member Nicotera. All voted aye. Carried. The variance needs to be signed by the Zoning Commission Chairman. A copy of Kemmerer's Family Leave proposal was reviewed. Motion Council Member Dean to table pending the Council given time to review this proposal, second Council Member Smith. All voted aye. Carried. Chuck advised there were several sidewalks, in Ranger Heights, that are getting to the point of needing replaced. He suggested a program where the property owner and the Town share in the cost of replacement. Attorney Boal advised that the City of Evanston has such a policy and will send the Town a copy. Motion Council Member Dean to table pending reviewing this policy, second Council Member Smith. All voted aye. Carried. Billy Ourada tendered his resignation as of August 1, 2008. Motion to accept the resignation Council Member Smith, second Council Member Carotta. All voted aye. Carried. Motion Council Member Smith to move into executive session to discuss personnel matters, second Council Member Carotta. Motion Council Member Carotta to reconvene in regular session, second Council Member Smith. Motion Council Member Smith to table the receptionist position to give the staff time to review the applications, second Council Member Carotta. All voted aye. Carried. Mayor McCloud thanked Chuck and his crew for their help during Fossil Fest. Council Member Carotta was on vacation in Minnesota and upheld the honor of Diamondville while there. Council Member Smith reminded everyone about Bootleggers Day on August 9th Her and other members of the committee will be visiting with Enterprise tomorrow to talk to them about Bootleggers Day. Council Member Dean reminded everyone about Relay for Life on August 15 and 16 starting at 7:00 p.m. on the 15 Luminars are due by August 13 The first walkers of the evening will be the cancer survivors, followed by the cancer patient caretakers and then the other walkers. The theme will be "No Place Like Home The main prize will be a quilt. The Town also needs to put together a basket. Council Member Chief Hahn read the Municipal Court Judge report. Motion that the report be accepted Council Member Carotta, second Council Member Nicotera. All voted aye. Carried. The Town did receive a copy of the encroachment permit, from the Wyoming Department of Transportation, for the bin wall project, north of the Black Diamond Park. Terrel Davis, who will be doing the work, was present and explained the difference between options #2 #3. The Council had concerns that option #3 would invite climbers. Option #2 is less detailed, but the Council felt this would be the best option. Option #2 would cost $26,400. Terrel felt the job would take about 8 weeks to complete and questioned if he could submit for payment as the work progresses, with a down payment so he can purchase material. Council Member Dean suggested a contract be drafted to cover the job and payment schedule. Terrel advised there will be a five year warranty on the work and the paint will need to be upgraded every 10 years. Mayor McCloud asked three times if there were any more bids on the old Bear Claw property. There being none the bid previously submitted was opened and read. DJ's Holdings, Inc. bid $45001.00. Council Member Dean asked if the Town has met the statutory requirements concerning this. Attorney Boal advised with the necessary publication of the bid notice the Town has met the said requirements. Chuck did meet with the DEQ to locate the site where there were underground fuel tanks. They will be drilling test holes starting the first week in August. Council Member Dean would like to accept the bid and have the money placed aside for the museum. The Mayor and Council were in agreement. Motion Council Member Dean to sell this property to DJ's Holdings, Inc. for $45001.00, place the funds in the museum account and make sure the buyer is aware of the possible soil contamination due to the underground storage tanks, second Council Member Smith. All voted aye. Carried. Motion Council Member Nicotera to approve a malt beverage permit for the Town's Bootleggers Day celebration on August 9 second Council Member Dean. All voted aye. Carried. A variance for Domitilo Escareno on a garage at 307 Paper Collar Row was reviewed. Inspector Mike Butler explained the work to be done and why the variance was needed. This variance was approved by the Zoning Commission at their July 9 meeting. Motion to approve the variance Council Member Dean, second Council Member Nicotera. All voted aye. Carried. The variance needs to be signed by the Zoning Commission Chairman. A copy of Kemmerer's Family Leave proposal was reviewed. Motion Council Member Dean to table pending the Council given time to review this proposal, second Council Member Smith. All voted aye. Carried. Chuck advised there were several sidewalks, in Ranger Heights, that are getting to the point of needing replaced. He suggested a program where the property owner and the Town share in the cost of replacement. Attorney Boal advised that the City of Evanston has such a policy and will send the Town a copy. Motion Council Member Dean to table pending reviewing this policy, second Council Member Smith. All voted aye. Carried. Billy Ourada tendered his resignation as of August 1, 2008. Motion to accept the resignation Council Member Smith, second Council Member Carotta. All voted aye. Carried. Motion Council Member Smith to move into executive session to discuss personnel matters, second Council Member Carotta. Motion Council Member Carotta to reconvene in regular session, second Council Member Smith. Motion Council Member Smith to table the receptionist position to give the staff time to review the applications, second Council Member Carotta. All voted aye. Carried. Mayor McCloud thanked Chuck and his crew for their help during Fossil Fest. Council Member Carotta was on vacation in Minnesota and upheld the honor of Diamondville while there. Council Member Smith reminded everyone about Bootleggers Day on August 9th Her and other members of the committee will be visiting with Enterprise tomorrow to talk to them about Bootleggers Day. Council Member Dean reminded everyone about Relay for Life on August 15 and 16 starting at 7:00 p.m. on the 15 Luminars are due by August 13 The first walkers of the evening will be the cancer survivors, followed by the cancer patient caretakers and then the other walkers. The theme will be "No Place Like Home The main prize will be a quilt. The Town also needs to put together a basket. Council Member 00721 P.O. BOX 281 20 U.S. 30 189 DIAMONDVILLE, WYOMING 83116 July 28, 2008 DJ's Holdings, Inc. Dave Shillcox, President 3700 HWY 374 Green River, Wyoming Dear Mr. Shillcox: At the July 21, 2008 Town Council meeting your bid, for the property on Hwy 30 in Diamondville, was opened and read. The Council did accept your bid of $45,001.00 for the property which includes Lots 24, 25, 26 and the Northerly 10 feet of Lot 23 of Block 12 and Parcel 14. We appreciate your interest in this property and hope you will be able do something with it that will benefit both you and the Town of Diamondville. ncerely, QJ Jeanne Horsburgh, Clerk Town of Diamondville TOWN OF ONb ij Off" /Milk l i c. Mr, WYOMING NV 00722 PH. 307 877 -6676 877 -6251 QUIT CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That the Town of Diamondville, an incorporated Town of the County of Lincoln, State of Wyoming, Grantor, for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other valuable consideration in hand paid, receipt of which is hereby acknowledged, has hereby remised, released and forever quitclaimed unto DJ's Holdings, Inc., its heirs and assigns forever, all such right, title, interest, property, possession, claim and demand, as they may have or ought to have in or to all the following described property, to -wit: Lot 24, 25, 26 and the Northerly 10 feet of Lot 23, all of Block 12 to the Town of Diamondville, Lincoln County, Wyoming as described on the official plat thereof. ALSO, Parcel 14 of the Town of Diamondville, Lincoln County, Wyoming as described on the official plat thereof. TOGETHER WITH all buildings and improvements thereon and appurtenances thereto and all rights, privileges and hereditaments belonging or appertaining thereto. SUBJECT TO easements, rights -of way, reservations, covenants and restrictions of record. Dated this 22' day of July 2008. STATE OF WYOMING ss COUNTY OF LINCOLN My Commission Expires: V „A a /a 24f1 TOWN OF DIAMONDVILLE JANEU,1EA. ROSENDAHL— NOTARY r(, ,'pYOF r,,;� STATE( MOWS Expires 4' I fi t I *Commission Expires,_ On July 22, 2008 personally appeared before me Megan McCloud and Jeanne Horsburgh, the Mayor and Town Clerk, duty sworn, did state that they have signed and sealed the foregoing instrument on behalf of the said Town by authority of its Town Council, and acknowledged said instrument to be the free act and deed of said Town. WITNESS my hand and official seal QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That the Town of Diamondville, an incorporated Town of the County of Lincoln, State of Wyoming "Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration in hand paid, receipt of which is hereby acknowledged, has hereby remised, released and forever quitclaimed unto DJ's Holdings, Inc. "Grantee its heirs and assigns forever, all such right, title interest, property, possession, claim and demand, as they may have or ought to have in or to all the following described real property, to wit: TTEST: Lot 24, 25, 26 and the Northerly 10 feet of Lot 23, all of Block 12 to the Town of Diamondville, Lincoln County, Wyoming as described on the official plat thereof. ALSO, Parcel 14 of the Town of Diamondville, Lincoln County, Wyoming, as descried on the official plat thereof. TOGETHER WITH all buildings and improvements thereon and appurtenances thereto and all rights, privileges and hereditaments belonging or appertaining thereto. SUBJECT TO easements, rights -of -way, reservations, covenants and restrictions of record. DATED this 5 day of Il\ocrmber 20 TERESA MA TINEZ T CLERK STATE OF WYOMING ss. COUNTY OF LINCOLN On the 5 day of 20 II ERIC BACKMAN, Mayor, and TERESA MARTINEZ, Town Clerk, did personally appear before me and duly sworn, did state that they have signed and sealed the foregoing instrument on behalf of the Town of Diamondville by authority of its Town Council, and acknowledged said instrument to be the free act and deed of said Town. WITNESS my hand and official seal Janelle Simpson Notary Public County of 1 c; State of Lincoln k Wyoming 5 My Commission Expires s 4• /S My Commission Expires: TOWN OF DIAMONDVILLE RECEIVED 12/9/2011 at 11:29 AM RECEIVING 962300 BOOK: 777 PAGE: 724 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY _UV 4 1.1