Full Text
MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING August 06, 2013 Page 1 Regular Meeting of the City Council was called to order by Mayor Paulekas at 6:30 p.m. 1. Pledge of Allegiance. Mayor Paulekas led the Pledge of Allegiance. 2. Roll Call. Roll call showed present: Henry, Pearce, McKinley, Kempert, Shumway, Weaver, and Paulekas. Absent: Vitale and Hanson. Staff present: Janine Jordan, City Manager; David Derragon, Asst. City Manager; Sue Morris-Jones, City Clerk; David Clark, City Attorney; Paul Harrison, Parks and Recreation Director; Earl Smith, Public Works Director; and Dale Stalder, Police Chief. 3. Disclosures by City Council Members. None. 4. Consideration of Changes in Agenda and Setting the Agenda. A. MOTION BY WEAVER, seconded by Henry, that the following changes to the Agenda be approved: On the Consent Agenda, under 5L. (Schedule Meeting(s)) we add two items: 5. Public Hearing, August 20, 2013, at 6:30 p.m., 6. Public Hearing, August 20, 2013, at 6:30 p.m. Discussion of the PUD of Country Club, LLC., the Grand View Heights Subdivision; change the Regular Agenda Item 17 to Adjourn to Executive Session regarding litigation. MOTION CARRIED by voice vote. B. MOTION BY WEAVER, seconded by Henry, that the Agenda be set as changed. MOTION CARRIED by voice vote. 5. Approval of Consent Agenda. MOTION BY WEAVER, seconded by Pearce, that the Consent Agenda be approved and that each specific action on the Consent Agenda be approved as indicated. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Weaver, and Paulekas. Nays: None. Absent: Vitale and Hanson. MOTION CARRIED. CONSENT AGENDA 5A. Minutes of City Council Meetings. Action: that Council approve the Minutes of the City Council Regular Meeting of July 16, 2013, Special Meeting of July 10, 2013 and July 23, 2013, and Public Hearings of July 23, 2013, and have them placed on file for public inspection. 5B. Cemetery Deeds for July 16-31, 2013. Action: that the Cemetery Deeds for July 16-31, 2013 be accepted, and the Mayor and City Clerk be authorized to sign and have them recorded in the Office of the County Clerk. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING August 06, 2013 Page 2 5C. Vouchers for July 2013. Action: that the following Resolution be adopted: BE IT RESOLVED: that all vouchers approved by the Finance Committee be allowed, warrants drawn on proper City funds in payment thereof, and the vouchers be placed on file in the Treasurer's Office subject to public inspection; and that Council authorize payment for the month-end payroll, light and gas charges, telephone charges, Pioneer Canal-Lake Hattie Irrigation District lease, employee travel, other employee reimbursements, pay advances, refunds for City services, recording fees, postage, lease purchase and bond payments, self-funded employee health insurance claims, miscellaneous insurance claims, Council-approved bid items, outside attorney fees, other consulting fees, before normal City Council approval on the first Tuesday of September. These expenditures are to be paid subject to audit by the City of Laramie Finance Department. 5D. Minutes. Action: that Council acknowledge receipt of the Minutes of the Parks, Tree and Recreation Advisory meeting of the June 12, 2013 meeting of the Parks, Tree and Recreation Advisory Board and that the following recommendations be approved: 1. acknowledge receipt of the final report on the 2013 Arbor Day Celebration and Annual Tree Sale; 2. approve the Adopt A Trail Along the Greenbelt Park Agreement with Laramie Kiwanis Builders Club for a two year tern and to authorize the City Manager to sign; 3. approve the Adopt A Trail Along the Greenbelt Park Agreement with Western Research Institute for a two year tern and to authorize the City Manager to sign; 4. acknowledge receipt of a memorandum detailing the downtown clean- up efforts of the University of Wyoming Summer Institute Volunteers. 5E. Agreement Action: that Council approve the Cooperative Agreement between the City of Laramie, WY and the County of Albany, concerning ESRI regional government enterprise licensing. 5F. MOU. Action: that Council approve a Memorandum of Understanding between the City of Laramie, WY Police Department and the City of Casper, WY Police Department to provide, upon request, law enforcement mutual aid, as it may benefit both agencies. 5G. MOU. Action: that Council approve a Memorandum of Understanding between the City of Laramie, WY Police Department and the City of Rawlins, WY Police Department to provide, upon request, law enforcement mutual aid, as it may benefit both agencies. 5H. MOU Action: Albany County Public Library for the installation of a Little Free Library in Washington Park, and authorize the Mayor and Clerk to sign. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING August 06, 2013 Page 3 5I. MOU Action: that Council approve a Memorandum of Understanding between the City of Laramie and the Stickley Family Estate for the donation and installation of the Post Office Sculpture, and authorize the Mayor and Clerk to sign. 5J. MOU Action: that Council approve a License Agreement with the University of Wyoming to construct, use and maintain utility lines in the public right-of-way across Willett Drive between 22nd Street and 30th Street. 5K. Surplus Property Action: that Council declare eight in-car video units as surplus property, and then give those units, without cost, to the Wheatland Police Department. 5L. Schedule Meeting(s): Action: that Council schedule the following meeting(s): 1. Public Hearing, August 20, 2013, 6:30 p.m., Restaurant Liq. Lic. Application, Jās Prairie Rose, Inc.; 2. Work Session, September 10, 2013, 6:00 p.m., Snow removal policy & practices; 3. Work Session, September 10, 2013, 6:00 p.m., WARM Update; 4. Work Session, September 24, 2013, 6:00 p.m., Energy Efficiency Update; 5. Public Hearing, August 20, 2013, 6:30 p.m., Preliminary Plat of Country Club, LLC, Grand View Heights Subdivision; 6. Public Hearing, August 20, 2013, 6:30 p.m., Preliminary PUD of Country Club, LLC, Grand View Heights Subdivision. REGULAR AGENDA 6. Original Ordinance No. 1877, rezoning approximately 54.57 acres of land generally located west of Boulder Drive and north of Bill Nye Avenue from B1 (limited business), LR (single-family residential and O (open) to B1 (limited business). (Introduced by Vitale) Second Reading. (Public Hearing: 7/23/2013). The City Clerk read Original Ordinance No. 1877 by title only. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF LARAMIE, WYOMING, BE REZONING APPROXIMATELY 54.57 ACRES OF LAND GENERALLY LOCATED WEST OF BOULDER DRIVE AND NORTH OF BILL NYE AVENUE FROM B1 (LIMITED BUSINESS), LR (SINGLE-FAMILY RESIDENTIAL AND O (OPEN) TO B1 (LIMITED BUSINESS). MOTION BY SHUMWAY, seconded by Pearce, that Council approve Original Ordinance No. 1877, on Second Reading, rezoning approximately 54.57 acres of land generally located west of Boulder Drive and north of Bill Nye Avenue from B1 (limited business), LR (single-family residential) and O (open) to B1 (limited business); based on findings of fact and conclusions of law; and note a Public Hearing was held July 23, 2013. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Weaver, and Paulekas. Nays: None. Absent: Vitale and Hanson. MOTION CARRIED. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING August 06, 2013 Page 4 7. Original Ordinance No. 1879, rezoning approximately 2.39 acres of land located at 1532 Court from LM (limited manufacturing)/APO (aquifer protection overlay) District to B1 (limited business)/APO. (Introduced by Vitale) Second Reading. (Public Hearing: 7/23/2013). The City Clerk read Original Ordinance No. 1879 by title only. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF LARAMIE, WYOMING, BY REZONING APPROXIMATELY 2.39 ACRES OF LAND LOCATED AT 1532 COURT FROM LM (LIMITED MANUFACTURING)/APO (AQUIFER PROTECTION OVERLAY) DISTRICT TO B1 (LIMITED BUSINESS)/APO. MOTION BY SHUMWAY, seconded by Henry, that Council approve Original Ordinance No. 1879 on Second Reading, rezoning approximately 2.39 acres of land located at 1532 Court from LM (limited manufacturing)/APO (aquifer protection overlay) District to B1 (limited business)/APO based on findings of fact and conclusions of law; and note a Public Hearing was held July 23, 2013. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Weaver, and Paulekas. Nays: None. Absent: Vitale and Hanson. MOTION CARRIED. 8. Original Ordinance No. 1878, rezoning approximately 3.5 acres of land generally located at the southwest corner of Glacier and Beech Street from O (open) District/APO (aquifer protection overlay district) to R3 (multi-family residential) District/APO. (Introduced by Weaver) Second Reading. (Public Hearing: 7/23/2013). The City Clerk read Original Ordinance No. 1878 by title only. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF LARAMIE, WYOMING, BY REZONING APPROXIMATELY 3.5 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GLACIER AND BEECH STREET FROM O (OPEN) DISTRICT/APO (AQUIFER PROTECTION OVERLAY DISTRICT) TO R3 (MULTI-FAMILY RESIDENTIAL) DISTRICT/APO. Council approve Original Ordinance No. 1878 on Second Reading, rezoning approximately 3.5 acres of land generally located at the southwest corner of Glacier and Beech Street from O (open) District/APO (Aquifer Protection Overlay District) to R3 (Multi-Family Residential) District/APO, based on findings of fact and conclusions of law; noting that a Public Hearing was held July 23, 2013. Roll call showed Aye: Pearce, Kempert, Shumway, and Weaver. Nays: Henry, McKinley, and Paulekas. Absent: Vitale and Hanson. MOTION CARRIED. Council Recessed at 8:12 p.m. Council Reconvened at 8:23 p.m. 9. Original Ordinance No. 1880, amending Section 13.62.090 of the Municipal Code to permit the City Manager to waive landfill fees for groups performing community cleanup and establishing the procedure. (Introduced by Weaver) Second Reading. The City Clerk read Original Ordinance No. 1880 by title only. An Ordinance amending Section 13.62.090 of the Laramie Municipal Code to permit the City Manager to waive landfill fees for groups performing community cleanup and establishing the procedure. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING August 06, 2013 Page 5 MOTION BY WEAVER, seconded by Pearce, that Council approve Original Ordinance No. 1880, amending Section 13.62.090 concerning waiver of Specified Landfill Fees on Second Reading. MOTION BY HENRY, seconded by Pearce, that Council amend Section 13.62.090 A2 add at the end of the sentence ā except special handling item fees.ā Roll call ON AMENDMENT showed Aye: Henry, Pearce, Kempert, Weaver, and Paulekas. Nays: McKinley and Shumway. Absent: Vitale and Hanson. MOTION CARRIED. Roll call ON MAIN MOTION AS AMENDED showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Weaver, and Paulekas. Nays: None. Absent: Vitale and Hanson. MOTION CARRIED. 10. Consideration of Bid Award for SPT Phase 4, Schedule 7, Intersection at 21st and Grand Avenue. MOTION BY MCKINLEY, seconded by Kempert, that Council award the Special Purpose Tax, Phase 4, Schedule 7 Project to Connell Resources, Inc., of Fort Collins, CO, in the amount of $651,942.00, plus a contingency of $65,194.20, for a total not to exceed $717,136.20, to approve the contract therefore, amend the enterprise budget by an additional $329,136.20 for the FY 2014 budget, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Pearce, McKinley, Kempert, Shumway, Weaver, and Paulekas. Nays: Henry. Absent: Vitale and Hanson. MOTION CARRIED. 11. Original Ordinance No. 1881, de-annexing approximately 281 acres of property located at 496 Highway 230, commonly known as the Laramie Country Club. First Reading. The City Clerk read Original Ordinance No. 1881 by title only. AN ORDINANCE APPROVING AND AUTHORIZING THE DE-ANNEXATION OF APPROXIMATELY 281 ACRES OF PROPERTY LOCATED AT 496 HIGHWAY 230, IN THE CITY OF LARAMIE, WYOMING Council approve Original Ordinance No. 1881 on First Reading, de-annexing approximately 281 acres of property located at 496 Highway 230, commonly known as the Laramie Country Club. based on findings of fact and conclusions of law; set a Public Hearing for August 27, 2013; and delay Second Reading until September 3, 2013. Roll call showed Aye: Henry, McKinley, Kempert, and Weaver. Nays: Pearce, Shumway, and Paulekas. Absent: Vitale and Hanson. MOTION CARRIED. 12. Resolution 2013-53, amending the appropriations to the 2013/14 Biennium Budget. MOTION BY KEMPERT, seconded by Henry, that Council approve Resolution 2013-53, to amend the appropriations to the 2013/14 Biennium Budget, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Pearce, Kempert, Shumway, and Weaver. Nays: Henry, McKinley, and Paulekas. Absent: Vitale and Hanson. MOTION CARRIED. 13. Resolution 2013-54, appointing three board members to the Albany County Tourism Board. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING August 06, 2013 Page 6 The City Clerk read Resolution No. 2013-54 by title only. RESOLUTION DECLARING REAPPOINTMENT OF MEMBERS TO THE ALBANY COUNTY TOURISM PROMOTION JOINT POWERS BOARD. MOTION BY HENRY, seconded by Pearce, that Council approve Resolution 2013-54, and pursuant to the Agreement reappoint Jennifer Yeend, term expiring June 30, 2014; Angela Ver Ploeg, term expiring June 30, 2015; and Corrina Hemsher term expiring June 30, 2016, to the Albany County Tourism Promotion Joint Power Board. Roll call showed Aye: Pearce, Kempert, Shumway, Weaver, Henry, McKinley, and Paulekas. Nays: None. Absent: Vitale and Hanson. MOTION CARRIED 14. Consideration of Intergovernment Agreement Between the City of Laramie, Wyoming, and Albany County for the annual County Cleanup day and a corresponding waiver of landfill fees. MOTION BY PEARCE, seconded by Henry, that Council authorize the City Manager to coordinate the Annual Albany County Cleanup Day with the Albany County Commissioners, authorize the waiver of certain landfill fees for ordinary trash and allowing the deposit of tires, refrigerators and other special charge items which would be as compensated by the County contribution of $10,000, but not to exceed. Roll call showed Aye: Henry, McKinley, Shumway, and Weaver. Nays: Pearce, Kempert, and Paulekas. Absent: Vitale and Hanson. MOTION CARRIED. 15. Consideration of future Council work session topics. None. 16. Public Comments on Non-Agenda Items by sign-in requests. None. 17. Adjournment to Executive Session Regarding Potential Litigation. MOTION BY MCKINLEY, seconded by Shumway, that Council adjourn to Executive Session Regarding Potential Litigation. MOTION CARRIED by voice vote. Council adjourned at 10:25 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk