CITY COUNCIL PROCEEDINGS
The Kemmerer City Council met in regular session this 13th day of January, 2025, at 7 p.m. in the City Council Chambers, City Hall, Kemmerer, Wyoming. The Pledge of Allegiance was recited. Present on roll call were Mayor Robert Bowen, Councilmember Marlin Batista, Councilmember David McConkie, Councilmember Brantley Popp, and Councilmember Bill Price.
Motion was made by Councilmember Batista to excuse the absence of Councilmember Mark Quinn; seconded by Councilmember Popp and unanimously approved by council present.
Motion was made by Councilmember Batista to approve the agenda as amended to correct the next city council meeting to January 27, 2025; seconded by Councilmember Popp and unanimously approved by council present.
City Clerk-Treasurer, Natasia Diers, swore in new Kemmerer Police Officer, Dallas Blasengym.
PRESENTATIONS:
(a) Jessica Lozier representing the Fossil Basin Chamber of Commerce and Jake Lozier, President of Oyster Ridge Music Festival, made a presentation to the City regarding the stage in the Triangle Park. Trista Gordon, City of Kemmerer Recreation and Events Director, presented to the council how the stage and canopy were originally purchased and discussed grant funding is available.
(b) Jessica Lozier and Nathan Fox presented a proposal for the purchase of 809 & 823 South Main Street to the council.
(c) Joshua Knoefler of Knoefler Enterprises presented a proposal for the purchase of 809 & 823 South Main Street to the council.
(d) Mark Germain presented to the council education on Local Improvements District and Issuing Municipal Bonds: Canyon Road Wyoming, Hathaway & Kunz, LLP and Piper Sandler & Co.
PUBLIC HEARING:
Mayor Bowen opened the public hearing on the economic development findings for the sale of 809 and 823 S Main Street; 8:03 p.m. With no comments being made the mayor closed the public hearing at 8:04 p.m.
VISITOR’S COMMENTS & PETITIONS:
Mark Ristau made comments to the council.
CONSENT AGENDA:
(a) Motion was made by Councilmember Batista to approve the items on the consent agenda as amended to add a council meeting on December 22, 2025; seconded by Councilmember Price and unanimously approved by council present. Those items were:
(b) Approval of Meeting Minutes of December 9, 202, and Special Meeting Minutes of December 18, 2024;
Approval of the payment of the bills; payroll, and ACH payments as presented;
17864 UMWA $198.60 17865 Ace Hardware $863.95
17866 Bridger Valley Propane 391.52 17867 Bridgerland Carquest 8.09
17868 Bugman, Inc. 285.00 17869 Centurylink Equipment Co 469.82
17870 Cowboy State Trucking 3,350.00 17871 DBT Transportation Services 1,735.75
17872 Dex Imaging, LLC 295.10 17873 Elliott Equipment Co 1,937.70
17874 First Bank of Wyoming 5,358.41 17875 First Bank, A Div.of Glacier 228.76
17876 Fossil Basin Promo Board 26,970.12 17877 Freedom Mailing Services 729.92
17878 GoTo Technologies 279.53 17879 Gregory, Heather 1,320.00
17880 Heritage Auto 1,336.55 17881 IDAWY Solid Waste Dist. 10,257.75
17882 Intermountain Fire Protection 100.00 17883 Interstate Billing Services, Inc 665.54
17884 Jorgensen Associates 3,640.00 17885 JUB Engineers, Inc 3,132.02
17886 K-D Joint Powers Board 1,753.21 17887 Kemmerer Gazette 1,100.08
17888 Lessley, Judy 1,250.00 17889 Lincoln Co. Sheriff Office 2,480.00
17890 Mountain West Business 86.10 17891 Netwize 26,387.13
17892 Norco, Inc 15.19 17893 One-Call of Wyoming 13.50
17894 Outlaw Supply, Inc 1,470.00 17895 Peterbilt of Wyoming 112.99
17896 Pitney Bowes, Inc. 1,426.01 17897 Quevedo-Esquivel, Levit 1,250.00
17898 Rocky Mountain Power 11,648.25 17899 Rutledge, Phillip 50.00
17900 Ryerse, Melanie 312.00 17901 SESAC 610.00
17902 Stout, E. Dean 4,855.00 17903 Vasquez, Andy 1,370.00
17904 Verizon Wireless 795.63 17905 WAM-WCCA 758.00
17906 Wells Fargo Financial 259.00 17907 Wex Bank 1,880.59
17908 Wheeler Machinery Co 243.38 17909 Wyo Dept of Agriculture 25.00
17910 Wyoming Machinery Co 112.10 11/30/24 WorldPay-ACH 96.19
12/19/24 Wyo Workers Comp 20,395.45 12/31/24 Secure Instant Payments 19.95
1/1/25 Federal Tax Deposit-ACH 14,517.51 1/1/25 Net Payroll Deposit-ACH 49,929.91
1/1/25 Orchard Trust-ACH 675.00 1/1/25 Expert Pay-ACH 488.54
1/1/25 AFLAC-ACH 12.24
(c) Authorize the mayor to sign the Lease for Suite 204 at Old Town Hall with Anderson Tax & Consulting;
(d) Re-appoint Mark Vickery and Barb Peavler to the Kemmerer Zoning Board for terms to expire on 12/31/2027;
(e) Re-appoint Ron Schramm to the Kemmerer-Diamondville Joint Powers Board for a term to expire on 12/31/2027;
(f) Re-appoint Melvin “Geezer” Bowling to the Kemmerer-Lincoln County Airport Committee for a term to expire on 12/31/2027;
(g) Re-appoint Jennifer Edinger to the Fossil Basin Promotion Board for a term to expire on 12/31/2027;
(h) Set calendar year 2025 Council Meeting Dates.
OLD BUSINESS:
(a) Motion was made by Councilmember Batista to Pass on 2nd Reading Ordinance No. 2025890, Amending 23-24, M-3 Multi-Family Housing; seconded by Councilmember Popp and unanimously approved by council present.
NEW BUSINESS:
(a) Motion was made by Councilmember Batista to Pass, Approve and Adopt Resolution No. 2025-848 as amended, for finding that the selling of City of Kemmerer property at 809 & 823 South Main Street to Robert and Joy Fox will benefit the economic development of the City of Kemmerer and direct City Administrator, Brian Muir, to negotiate a potential purchase and sale agreement prepared for review and consideration of the city council; seconded by Councilmember Popp and unanimously approved by council present.
(b) Motion was made by Councilmember Batista to Pass, Approve and Adopt Resolution No. 2025-849 as amended, for finding that the selling of City of Kemmerer property at 809 & 823 South Main Street to Knoefler Enterprise will benefit the economic development of the City of Kemmerer and direct City Administrator, Brian Muir, to negotiate a potential purchase and sale agreement prepared for review and consideration of the city council; seconded by Councilmember Popp and unanimously approved by council present.
(c) Motion was made by Councilmember Batista to Pass, Approve and Adopt Resolution No. 2025-845, A Resolution Amending No. 2024-831, Setting Recreation Center and Program Fees; seconded by Councilmember Price and unanimously approved by council present.
(d) Motion was made by Councilmember Batista to Pass, Approve and Adopt Resolution No. 2025-850, Withdrawing from the Memorandum of Understanding between the Lincoln County Board of Commissioners, K-D Joint Powers Board, and the City of Kemmerer concerning distribution of county obtained state grant funds for the development of all or part of the Canyon Road Development projects, entered and executed on March 25, 2024, by the City on Tract 3 Infrastructure; seconded by Councilmember Popp and unanimously approved by council present.
(e) Motion was made by Councilmember Batista to retain legal counsel with developing, considering & implementing a Local Improvement District or Districts involving Gateway PUD and Canyon Road Development tracts, if legal fee reimbursement agreements, with respective developers, are obtained; seconded by Councilmember Popp and unanimously approved by council present.
(f) Motion was made by Councilmember Batista to allow the mayor to sign an agreement with Gateway Development Kemmerer, LLC to reimburse legal fees paid for legal services involved with developing, considering & implementing a Local Improvement District or Districts concerning the Gateway PUD project, including Phases I and II; seconded by Councilmember Popp and unanimously approved by council present.
(g) Motion was made by Councilmember Batista to sign an agreement with Canyon Road Holdings LLC to reimburse legal fees paid for legal services involved with developing, considering & implementing a Local Improvement District or Districts concerning the Canyon Road Development project, including Tracts 1, 2, 3, 4 & 5; seconded by Councilmember Price and unanimously approved by council present.
(h) Motion was made by Councilmember Batista to appoint Ken Roberts as Kemmerer Municipal Judge for calendar year 2025; seconded by Councilmember Popp and unanimously approved by council present.
(i) Motion was made by Councilmember Batista to appoint Jenny Clarke as Alternate Kemmerer Municipal Judge for calendar year 2025; seconded by Councilmember Popp and unanimously approved by council present.
(j) Motion was made by Councilmember Batista to appoint E. Dean Stout as Kemmerer City Attorney for calendar year 2025; seconded by Councilmember Price and unanimously approved by council present.
(k) Motion was made by Councilmember Batista to appoint Stout Law Center as Kemmerer Prosecuting Attorneys for calendar year 2025; seconded by Councilmember Popp and unanimously approved by council present.
(l) Motion was made by Councilmember Batista to appoint Jorgensen as City Engineer for calendar year 2025; seconded by Councilmember Popp and unanimously approved by council present.
(m) Motion was made by Councilmember McConkie to nominate Mark Quinn as president of the council for calendar year 2025; seconded by Councilmember Popp. The mayor then called for the question to appoint Mark Quinn as president of the council for calendar year 2025 will all councilmembers voting in favor.
(n) Motion was made by Councilmember McConkie to nominate Marlin Batista as acting president of the council for calendar year 2025; seconded by Councilmember Popp. The mayor then called for the question to appoint Marlin Batista as acting president of the council for calendar year 2025 will all councilmembers voting in favor.
COMMENTS:
City Administrator, Brian Muir, made comments. Councilmember Batista, Councilmember McConkie, Councilmember Popp, and Councilmember Price made comments. Mayor Bowen made comments.
Motion was made by Councilmember Batista to adjourn the regular meeting and go into executive session for pending litigation; seconded by Councilmember Popp and unanimously approved by council present; 8:51 p.m.
Motion was made by Councilmember Price to convene into executive session; seconded by Councilmember Popp and unanimously approved by council present; 8:54 p.m.
Motion was made by Councilmember Batista to adjourn the executive session; seconded by Councilmember Popp and unanimously approved by council present; 9:11 p.m.
Motion was made by Councilmember Batista to convene into regular session; seconded by Councilmember Popp and unanimously approved by council present; 9:13 p.m.
There being no further business before the Council, Councilmember Batista made a motion to adjourn the meeting; seconded by Councilmember Popp and unanimously approved by council; 9:14 p.m.
CITY OF KEMMERER, WYOMING
BY: ROBERT BOWEN,
MAYOR
ATTEST: NATASIA DIERS
CITY CLERK-TREASURER
PUBLISHED: February 4, 2025 23373
CHAPTER 6, SECTION 2 CONSTRUCTION/MODIFICATION PERMIT
Department of Environmental Quality, Division of Air Quality
PUBLIC NOTICE:
In accordance with Chapter 6, Section 2(m) of the Wyoming Air Quality Standards and Regulations, notice is hereby given that the State of Wyoming, Department of Environmental Quality, Division of Air Quality, proposes to approve a request by HK Contractors, Inc. to install and operate a portable Gencor Ultradrum hot mix asphalt plant (HMA001) at various locations throughout Wyoming, initially located in the NE¼ of Section 26, T22N, R116W, approximately five (5) miles north of Kemmerer, in Lincoln County, Wyoming. Maximum production for the portable hot mix asphalt plant is reported at 720,000 tons per year (tpy), 400 tons per hour (tph) and will use a maximum of forty percent (40%) Recycled Asphalt Pavement (RAP).
For the duration of the public comment period, the permit application, the agency’s analysis, and the public notice are available for public inspection online at https://openair.wyo.gov, utilizing facility ID F032136 and permit number P0039670 under permits. This material may also be viewed online, at the above URL, utilizing a public computer at the Lincoln County Library, Kemmerer, Wyoming. Additionally, for the duration of the public comment period a copy of this public notice is available for public inspection at the Lincoln County Clerk’s Office, Kemmerer, Wyoming. In accordance with the Americans with Disabilities Act, special assistance or alternate formats will be made available upon request for individuals with disabilities.
Written comments may be directed to Nancy Vehr, Administrator, Division of Air Quality, Department of Environmental Quality, 200 West 17th St., Cheyenne, Wyoming 82002 or by fax (307) 635-1784. Please reference A0017530 in your comment. Comments may also be submitted electronically through the Division’s website (http://aq.wyomingdeq.commentinput.com). Comments submitted by email will not be included in the administrative record. All comments received by 5:00 p.m., Thursday, March 6, 2025 will be considered in the final determination on this application. A public hearing will be conducted only if in the opinion of the administrator sufficient interest is generated or if an aggrieved party so requests. Para español, visite deq.wyoming.gov.
PUBLISHED: February 4, 2025 23372
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT
OF THE STATE OF WYOMING IN AND FOR LINCOLN COUNTY
Docket No. 202S-CV-00000017
In the matter of the Petition of Ruddy Gomez Gutierrez, )
for the appointment of a Civil Wrongful Death )
Representative, In re: Edgar Gomez Gutierrez, )
Deceased. )
NOTICE OF COMPLAINT FOR APPOINTMENT OF WRONGFUL DEATH REPRESENTATIVE
PLEASE TAKE NOTICE that on January 27, 2025, an action pursuant to W.S. 1-38-103 et seq. was instituted by Plaintiff Ruddy Gomez Gutierrez, in the Third Judicial District Court, Lincoln County, Wyoming, under Civil Docket 2025- CY -00000017, titled “In the Matter of the Petition of Ruddy Gomez Gutierrez for the appointment of a Civil Wrongful Death Representative, in re: Edgar Gomez Gutierrez, Deceased,” seeking the appointment of a Wrongful Death Representative for Decedent; and that any person claiming to qualify under W.S. 1-38-104(a) may intervene as a matter of right.
Ruddy Gomez Gutierrez
Plaintiff
Laura J. Jackson, Esq.
Jackson & Ojeda Law Firm
2300 Pioneer Avenue
Cheyenne, WY 82001
(307) 634-5735
Attorney for Plaintiff
PUBLISHED: February 4, 11, 18, 2025 23375
ORDINANCE NO. 2025-890
AN ORDINANCE AMENDING SECTION 23-43, M-3 MULTI-FAMILY HOUSING OF THE KEMMERER CITY CODE
BE IT ORDAINED by the Governing Body of the City of Kemmerer, Lincoln County, Wyoming, that Section 23-43 of the Kemmerer City Code is hereby amended as follows:
SECTION 23-43. M-3 – MULTI-FAMILY HOUSING
Purpose:
To provide for the high density residential housing in Manufactured home park in appropriate locations, with a level of standards conducive to establishment of a suitable living environment to those living in multiple family residences zone. The M-3 District is design for maximum of 8 manufactured homes per acre with a single title for the property. .
Permitted Uses:
Service and social club
Day care center
Churches
Private Schools
Signs, pursuant to regulations
Home occupation
Publicly owned and operated facilities
RV Parks
PASSED on First Reading this day 9th day of December 2024.
PASSED on Second Reading this 13th day of January 2025.
PASSED, APPROVED AND ADOPTED on Third Reading this 27th day of January 2025.
CITY OF KEMMERER, WYOMING
BY: ROBERT BOWEN, MAYOR
ATTEST; NATASIA DIERS
CITY CLERK-TREASURER
PUBLISHED: February 4, 2025 23374
STATE OF WYOMING ) IN THE DISTRICT COURT
COUNTY OF LINCOLN ) ss. THIRD JUDICIAL DISTRICT
2025-CV-0000012
IN THE MATTER OF THE ESTATE OF JOHN LOREN KLEIN A/K/A JOHN L. KLEIN A/K/A JOHN KLEIN, Deceased.
NOTICE OF APPLICATION FOR DECREE OF DISTRIBUTION
TO: All Persons Interested in the Estate of John Loren Klein a/k/a John L. Klein a/k/a John Klein
PLEASE TAKE NOTICE that the undersigned applicant has on the 22nd day of January, 2025, filed in the Office of the Clerk of the District Court, Third Judicial District, in said County and State, an Application for Decree of Distribution of Real & Personal Property of said estate, and that any objection to said application, or any dispute concerning the facts stated therein shall be filed with the Clerk of the District Court in and for the Third Judicial District, Carbon County, Wyoming, on or before the 27th day of February, 2025. In the event no objections to said Application or the facts therein are filed on or before said date, the Court shall issue a Decree of Distribution as requested in said Application.
DATED this 22nd day of January, 2025.
Applicant: Martha Ann Klein
BY: /s/ Kylie M. Waldrip
Kylie M. Waldrip, WSB #7-5547
Attorney for Estate
Kylie M. Waldrip, P.C.
715 West Pine Street
P.O. Box 998
Rawlins, Wyoming 82301
P: (307) 328-4079
PUBLISHED: January 28, February 4, 2025. 23371