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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING March 19, 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, Vitale, Hanson, Shumway, Weaver, and Paulekas. Absent: None. Staff present: David Derragon, Assistant City Manager; David Clark, City Attorney; LaDene Culver, City Clerk Assistant; Randy Hunt, Community Development Director; and Richard Elliott, Public Works Director. 3. Disclosures by City Council Members. None. 4. Consideration of Changes in Agenda and Setting the Agenda. A. MOTION BY WEAVER, seconded by Shumway, that the following changes to the Agenda be approved: Move Item 15 to 6A. MOTION CARRIED by voice vote. B. MOTION BY WEAVER, seconded by Shumway, that the Agenda be set as changed. 5. Approval of Consent Agenda. MOTION BY WEAVER, seconded by Shumway, 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, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. CONSENT AGENDA 5A. Minutes of City Council Meetings. Action: that Council approve the Minutes of the City Council Regular Meeting of March 05, 2013, and have them placed on file for public inspection 5B. Cemetery Deeds for March 01-15, 2013. Action: that the Cemetery Deeds for March 01-15, 2013 be accepted, and the Mayor and City Clerk be authorized to sign and have them recorded in the Office of the County Clerk. 5C. Minutes. Action: that Council acknowledge receipt of the Minutes of Ranch Advisory Committee meeting of November 08, 2012. 5D. Schedule Meeting(s): Action: that Council schedule the following meeting(s): ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING March 19, 2013 Page 2 1. Work Session, April 03, 2013, 6:00 p.m., Community Partners Funding Requests; 2. Special Meeting, April 03, 2013, 6:00 p.m., Consideration of Community Partners Funding Requests. REGULAR AGENDA 6. Consideration of Restaurant Liquor License Application to Parachute, LLC dba Parachute Grille, 207 S. 3rd Street, Laramie, WY. MOTION BY PEARCE, seconded by Kempert, that Council approve the Application for Restaurant Liquor License No. R-49, to Parachute, LLC dba Parachute Grille, 207 S. 3rd Street, Laramie, Wyoming for the licensing period March 20, 2013 thru May 07, 2013, and issue license upon receipt of current Health Food Permit filed with City Clerk. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: McKinley. Absent: None. MOTION CARRIED. 6A. Consideration of Employment Contract with Municipal Judge. MOTION BY KEMPERT, seconded by Henry, that Council approve the Employment Contract with Municipal Judge Appointee Meredith Peterson, in the amount of $55,000.00 per year for a two year term, and authorize the Mayor and City Clerk to sign and to amend the budget to reflect the increase in salary. Roll call showed Aye: Henry, Pearce, Kempert, Shumway, and Paulekas. Nays: McKinley, Hanson, Vitale, and Weaver. Absent: None. MOTION CARRIED. 7. Consideration of Contract for Purchase Option of Real Estate with Charles Coughlin for Cirrus Sky Property. MOTION BY HANSON, seconded by Pearce, that Council authorize the City Manager to execute the option agreement with Charles Coughlin for the purchase of the property to be developed into the Cirrus Sky Technology Park, and to execute the documents necessary to acquire title to that property, and to execute the documents required to pay for the property through the grant funds from the State of Wyoming. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: McKinley. Absent: None. MOTION CARRIED. Kempert left Council Chambers at 7:00 p.m. 8. Original Ordinance No. 1869, amending the Zoning District Map of the City of Laramie, Wyoming, by rezoning approximately 2.24 acres of land generally located at the northwest corner of 22nd Street and Grand Avenue from B1 (limited business), B2 (Business) and R3 (multifamily residential) Districts to B2 (business) District. (Introduced by Pearce) Third/Final Reading. Public Hearing: 2-26-2013. The City Clerk’s Assistant read Original Ordinance No. 1869 by title only. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF LARAMIE, WYOMING, BY REZONING APPROXIMATELY 2.24 ACRES OF LAND GENERALLY LOCATED AT THE NORTHWEST ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING March 19, 2013 Page 3 CORNER OF 22ND STREET AND GRAND AVENUE FROM B1 (LIMITED BUSINESS), B2 (BUSINESS) AND R3 (MULTIFAMILY RESIDENTIAL) DISTRICTS TO B2 (BUSINESS) DISTRICT. MOTION BY PEARCE, seconded by Henry, that Council approve Original Ordinance No. 1869 on Third and Final Reading, rezoning approximately 2.24 acres of land generally located at the northwest corner of 22nd Street and Grand Avenue from B1 (limited business), B2 (Business) and R3 (multifamily residential) Districts to B2 (business) District, based on findings of fact and conclusions of law; and authorize the Mayor and City Clerk to sign the Ordinance. Roll call showed Aye: Henry, Pearce, McKinley, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. 9. Original Ordinance No. 1870, approving and authorizing the annexation of approximately 2.5 acres of property located in unincorporated Albany County, generally located east of the 19th Street and Barratt Street intersection into the boundaries of the City of Laramie, Wyoming (Owners: Prairie View Development, LLC). (Introduced by Vitale) Second Reading. Public Hearing: 3-19-2013. The City Clerk’s Assistant read Original Ordinance No. 1870 by title only. AN ORDINANCE APPROVING AND AUTHORIZING THE ANNEXATION OF APPROXIMATELY 2.5 ACRES OF PROPERTY LOCATED IN UNINCORPORATED ALBANY COUNTY, GENERALLY LOCATED EAST OF THE 19TH STREET AND BARRATT STREET INTERSECTION INTO THE BOUNDARIES OF THE CITY OF LARAMIE, WYOMING. MOTION BY HANSON, seconded by Weaver, that Council approve Original Ordinance No. 1870 on Second Reading, annexing approximately 2.4 acres of property located in unincorporated Albany County, generally located east of the 19th Street and Barratt Street intersection based on findings of fact and conclusions of law; noting a public hearing was held March 19, 2013. MOTION BY HANSON, seconded by Pearce, that Council amend Section 2 of Original Ordinance 1870, as shown in the attached Ordinance, to incorporate a revised legal description. Roll call ON AMENDMENT showed Aye: Henry, Pearce, McKinley, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. Roll call ON MAIN MOTION AS AMENDED showed Aye: Henry, Pearce, McKinley, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. 10. Original Ordinance No. 1871, amending the Zoning District Map of the City of Laramie, Wyoming by establishing R1 (single-family residential) District zoning for a tract of land approximately 2.5 acres in size generally located east of the 19th Street and Barratt Street intersection into the boundaries of the City of Laramie, Wyoming. (Introduced by Vitale) Second Reading. Public Hearing: 3-19-2013. The City Clerk’s Assistant read Original Ordinance No. 1871 by title only. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF LARAMIE, WYOMING, BY ESTABLISHING R1 (SINGLE-FAMILY RESIDENTIAL) DISTRICT ZONING FOR A TRACT OF LAND APPROXIMATELY 2.5 ACRES IN SIZE GENERALLY LOCATED EAST OF THE 19TH STREET AND BARRATT STREET. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING March 19, 2013 Page 4 MOTION BY HANSON, seconded by Weaver, that Council approve Original Ordinance No. 1871 on Second Reading, establishing R1 (Single-Family Residential) District zoning for an approximately 2.5 acre area generally located east of the 19th Street and Barratt Street intersection; based on findings of fact and conclusions of law; and noting a public hearing was held March 19, 2013. MOTION BY HANSON, seconded by Henry, that Council amend Section 2 of Original Ordinance 1871, as shown in the attached Ordinance, to incorporate a revised legal description. Roll call ON AMENDMENT showed Aye: Henry, Pearce, McKinley, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. Roll call ON MAIN MOTION AS AMENDED showed Aye: Henry, Pearce, McKinley, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. 11. Original Ordinance No. 1872, to amend Chapter 13.64 of the Laramie Municipal Code pertaining to payment required before burial, Chapter 13.72 of the Laramie Municipal Code pertaining to the scheduling of interments, and Chapter 13.72 of the Laramie Municipal Code pertaining to service charge at the City’s Cemetery. (Introduced by Kempert) Third/Final Reading. The City Clerk’s Assistant read Original Ordinance No. 1872 by title only. AN ORDINANCE TO AMEND CHAPTER 13.64.140 OF THE LARAMIE MUNICIPAL CODE PERTAINING TO CEMETERY SEXTON’S HOURS OF OPERATION; TO AMEND CHAPTER 13.70.010 OF THE LARAMIE MUNICIPAL CODE PERTAINING TO ADJUST THE SCHEDULING OF BURIALS AT GREENHILL CEMETERY; TO AMEND CHAPTER 13.72.010 OF THE LARAMIE MUNICIPAL CODE PERTAINING TO NORMAL CEMETERY FEES; AND TO AMEND CHAPTER 13.72.020 OF THE LARAMIE MUNICIPAL CODE PERTAINING TO OFF HOUR CEMETERY FEES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LARAMIE MOTION BY HENRY, seconded by Shumway, that Council approve Original Ordinance No. 1872, on Third and Final Reading to amend Chapter 13.64 of the Laramie Municipal Code pertaining to payment required before burial, Chapter 13.72 of the Laramie Municipal Code pertaining to the scheduling of interments, and Chapter 13.72 of the Laramie Municipal Code pertaining to service charge at the City’s Cemetery, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, McKinley, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: Pearce. Absent: Kempert. MOTION CARRIED. 12. Consideration of Final Plat, Walker Subdivision (location: 23 lots, east of 10th St. & north of northern most end of 13th St.; owner: Doug Walker). MOTION BY VITALE, seconded by McKinley, that Council approve the Walker Subdivision final plat, based on findings of fact and conclusions of law; noting that a subdivision security and improvement deferral acknowledgment agreement and the required financial security have been received, and authorize the Mayor and City Clerk to sign the final plat. Roll call showed Aye: Henry, Pearce, McKinley, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING March 19, 2013 Page 5 13. Consideration of Preliminary Plat, Gardiner Subdivision (location: 10.1 acres parcel, south of City edge in one mile jurisdiction; owner: Darcy Gardiner). MOTION BY VITALE, seconded by Henry, that Council approve the Gardiner Subdivision preliminary plat, based on findings of fact and conclusions of law and subject to the Planning Commission’s recommended conditions. Roll call showed Aye: Henry, Pearce, McKinley, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. 14. Consideration of Cooperative Agreement between the City of Laramie and Wyoming Department of Transportation for construction of Bill Nye Avenue from Boulder Drive to Vista Drive. MOTION BY PEARCE, seconded by Weaver, that Council approve the Cooperative Agreement with WYDOT for Construction of Bill Nye Avenue from Boulder to Vista and authorize the Mayor to sign. Roll call showed Aye: Henry, Pearce, McKinley, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. 15. Moved to 6A. 16. Resolution No. 2013-26, transferring unencumbered or unexpended appropriations balance from one fund to another and amending the appropriations for the Mid Year 2013-2014 Budgets of the City of Laramie, Wyoming. MOTION BY SHUMWAY, seconded by Pearce, that Council approve Resolution 2013-26 to approve an amendment to the fiscal year 2013-14 biennial budget, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, McKinley, Hanson, Shumway, Weaver, and Paulekas. Nays: Vitale. Absent: Kempert. MOTION CARRIED. 17. Resolution No. 2013-27, authorizing the application for a 2013 Wyoming Department of Agriculture Emergency Insect Management Program Grant for support of the Mosquito Control Program and implementation of the West Nile Virus Prevention Plan, in the amount of $77,600.00. The City Clerk’s Assistant read Resolution No. 2013-27 by title only. A RESOLUTION IN SUPPORT OF SUBMITTING AN APPLICATION TO THE WYOMING DEPARTMENT OF AGRICULTURE FOR A 2013 EMERGENCY INSECT MANAGEMENT PROGRAM GRANT IN THE AMOUNT OF $77,600.00 TO SUPPORT THE CITY OF LARAMIE’S MOSQUITO CONTROL PROGRAM AND IMPLEMENTATION OF THE CITY OF LARAMIE’S WEST NILE VIRUS PREVENTION PLAN. MOTION BY HENRY, seconded by Pearce, that Council approve Resolution No. 2013-27, authorizing the application for a 2013 Wyoming Department of Agriculture Emergency Insect Management Program Grant for support of the Mosquito Control Program and implementation of the West Nile Virus Prevention Plan in the amount not to exceed $77,600.00 and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, McKinley, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING March 19, 2013 Page 6 18. Resolution No. 2013-28, detailing the Fair Housing Policy in the City of Laramie as required by law for CDBG funded projects such as the Cleveland Street Improvement Project in West Laramie. The City Clerk’s Assistant read Resolution No. 2013-28 by title only. A RESOLUTION DETAILING THE FAIR HOUSING POLICY IN THE CITY OF LARAMIE AS REQUIRED BY LAW FOR CDBG FUNDED PROJECTS SUCH AS THE CLEVELAND STREET IMPROVEMENT PROJECT IN WEST LARAMIE. MOTION BY MCKINLEY, seconded by Hanson, that Council approve Resolution No. 2013-28, regarding practices in the City related to fair housing policies as required for Community Development Block Grant funded projects such as the Cleveland Street Improvement Project and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, McKinley, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. 19. Resolution No. 2013-29, recognizing the Laramie Main Street Alliance and the City Council of the City of Laramie consolidation of boards in fulfilling the Role of the Downtown Development Authority. The City Clerk’s Assistant read Resolution No. 2013-29 by title only. RESOLUTION RECOGNIZING THE LARAMIE MAIN STREET ALLIANCE AND THE CITY COUNCIL OF THE CITY OF LARAMIE CONSOLIDATION OF BOARDS IN FULFILLING THE ROLE OF THE DOWNTOWN DEVELOPMENT AUTHORITY. MOTION BY WEAVER, seconded by Shumway, that Council approve Resolution No. 2013-29, recognizing the Laramie Main Street Alliance and the City Council of the City of Laramie consolidation of boards in fulfilling the Role of the Downtown Development Authority and appoint Dan Furphy to a remaining term ending on 6-30-2016, Jerry Schmidt to a remaining term ending on 6-30-2016 and Fred Ockers to a remaining term ending on 6-30-2013. Roll call showed Aye: Henry, Pearce, McKinley, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. 20. Resolution No. 2013-30, appointing one member to the Albany County Tourism Board. MOTION BY VITALE, seconded by Henry, that Council appoint Jennifer Yend to the Albany County Tourism Board. Roll call showed Aye: Henry, Pearce, McKinley, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. 21. Resolution No. 2013-31, appointing one member to the Laramie Advisory Commission on Disabilities. The City Clerk’s Assistant read Resolution No. 2013-31 by title only. RESOLUTION APPOINTING ONE MEMBERS TO THE LARAMIE ADVISORY COMMISSION ON DISABILITIES FOR THE CITY OF LARAMIE, WYOMING. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING March 19, 2013 Page 7 MOTION BY HANSON, seconded by Pearce, that Council appoint Courtenay Flagg, to the Laramie Advisory Commission on Disabilities with one remaining term expiring October 31, 2015. Roll call showed Aye: Henry, Pearce, McKinley, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. 22. Consideration of Report from Civil Service Commission. City Attorney Clark gave an overview of a Hearing by the Civil Service Commission. 23. Consideration of future Council work session topics. Council reviewed the Priority list handed out by Derragon. There were no new items. 24. Public Comments on Non-Agenda Items by sign-in requests. Tim Hale commented on the trash receptacles by stating that the lids are affected by the wind, that we need a taller fence at the landfill to stop blowing trash, and suggested the suspension of trash collection on highly windy days. He was concerned about the billowing clouds of dust coming from the landfill as we move the soil around, and suggested we stop activities there on high wind days also. He related that he had not heard back on his Public Records Request regarding a littering incident on North 9th, which he had submitted two weeks ago. Derragon related he had the information available, if he would wait until after Council adjourned. 25. Adjournment. MOTION BY HANSON, seconded by Weaver, that Council adjourn. MOTION CARRIED by voice vote. Council adjourned at 8:08 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk