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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING July 16, 2013 Regular Meeting of the City Council was called to order by Mayor Paulekas at 6:31 p.m. 1. Pledge of Allegiance. Mayor Paulekas led the Pledge of Allegiance. 2. Roll Call. Roll call showed present: Henry, Pearce, McKinley, Kempert, Hanson, Shumway, Weaver, and Paulekas. Absent: Vitale. Staff present: Janine Jordan, City Manager; David Derragon, Asst. City Manager; Sue Morris-Jones, City Clerk; Randy Hunt, Community Development Director; Paul Harrison, Parks and Recreation Director; Earl Smith, Public Works Director; and Dan Johnson, Fire Chief. 3. Disclosures by City Council Members. None. 4. Consideration of Changes in Agenda and Setting the Agenda. MOTION BY WEAVER, seconded by Shumway, that the Agenda be set as submitted. MOTION CARRIED by voice vote. 5. Approval of Consent Agenda. MOTION BY WEAVER, seconded by McKinley, 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, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Vitale. MOTION CARRIED. CONSENT AGENDA 5A. Minutes of City Council Meetings. Action: that Council approve the Minutes of the City Council Regular Meeting of July 02, 2013, Special Meeting of July 01, 2013, and have them placed on file for public inspection. 5B. Cemetery Deeds for July 01-15, 2013. Action: that the Cemetery Deeds for July 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 Parks, Trails and Recreation Master Plan Ad Hoc Advisory Committee Meeting of June 26, 2013, and that the following items be approved as indicated: N/A. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING July 16, 2013 5D. Bid. Action: that Council award the Laramie City Hall Annex Fire Alarm Replacement Project Bid to Fremont Electric, Inc., Laramie, WY, in the amount not to exceed $19,483.00 and reserve $5,000.00 for potential project contingencies and potential alternate inclusions, approve the Construction Contract, and authorize the Mayor and City Clerk to sign. 5E. Schedule Meeting(s): Action: that Council schedule the following meeting(s): 1. Special Meeting, July 23, 2013, 6:00 p.m., Consideration of 3rd & Hancock Emergency Sewer Line Replacement Project Bid. REGULAR AGENDA 6. Consideration of documents for North Pass Ltd., dba HIVIZ: A. Project and Development Agreement between the City of Laramie, the Laramie Economic Development, and HIVIZ; MOTION BY KEMPERT, seconded by Weaver, that Council approve the Project Development and Administration Agreement between the City of Laramie, the Laramie Economic Development Corporation, a Wyoming non-profit corporation and statutorily-authorized community development organization, and North Pass, Ltd., a Colorado corporation, doing business as HIVIZ Shooting Systems (“HIVIZ”) and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Vitale. MOTION CARRIED. B. Resolution 2013-49, in support of submitting a Business Ready Community, Business Committed Grant and Special Assistance Loan Application to the Wyoming Business Council seeking funding to support the relocation of HIVIZ to Laramie; MOTION BY KEMPERT, seconded by Weaver, that Council approve the Resolution 2013-49 supporting the filing of an Application by the City of Laramie with the Wyoming Business Council under the Business Ready Community Grant and Loan Program (BRC), for a grant award in an amount not to exceed $3,000,000 for the construction of a building in the Laramie River Business Park II to support the relocation of HIVIZ to Laramie and the creation of twenty-four new jobs in Laramie by 2018 and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Vitale. MOTION CARRIED. C. Resolution 2013-50, regarding loan component of financing. MOTION BY KEMPERT, seconded by Weaver, that Council approve the Resolution 2013-50 supporting the filing of an application by the City of Laramie with the Wyoming Business Council under the Business Ready Community Grant and Loan Program (BRC), for a loan in an amount not to exceed $600,000 for the construction of a building in the Laramie River Business Park II to support the relocation of HIVIZ to Laramie and the creation of twenty-four new jobs in Laramie by 2018 and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Vitale. MOTION CARRIED. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING July 16, 2013 7. Resolution No. 2013-51, authorizing the submission of a Grant Application to the Wyoming Department of Transportation (WYDOT) for a Transportation Alternatives Program (TAP) Grant (MAP- 21) from the Wyoming Department of Transportation for funds to construct a shared use path/trail between 30th Street and 15th Street as part of the Cirrus Sky Project. MOTION BY HENRY, seconded by Hanson, that Council approve Resolution No. 2013-51, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Vitale. MOTION CARRIED. 8. Resolution No. 2013-52, adopting the revised Master Fee Schedule for the City of Laramie Parks & Recreation Department facilities and programs with an effective date of August 01, 2013. MOTION BY KEMPERT, seconded by Pearce, that Council approve Resolution 2013-52 amending the Parks & Recreation Master Fee Schedule for 2013, with an effective date of August 01, 2013, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Hanson, Shumway, and Paulekas. Nays: Weaver. Absent: Vitale. MOTION CARRIED. 9. Original Ordinance No. 1880, 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. Introduction and First 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. 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 First Reading. MOTION BY WEAVER, seconded by Pearce, that Council amend Section C, last sentence would read “All fees for trash collected within the City limits on public property shall be waived for the approved events.” Roll call ON AMENDMENT showed Aye: Henry, Pearce, McKinley, Hanson, Shumway, Weaver, and Paulekas. Nays: Kempert. Absent: Vitale. MOTION CARRIED. Roll call ON MAIN MOTION AS AMENDED showed Aye: Henry, Pearce, McKinley, Hanson, Shumway, Weaver, and Paulekas. Nays: Kempert. Absent: Vitale. MOTION CARRIED. Council recessed at 8:27 p.m. Council reconvened at 8:36 p.m. 10. Consideration of Option Agreement with Gemstone Holdings, LLC for Cirrus Sky Trail corridor. MOTION BY SHUMWAY, seconded by Pearce, that Council approve the Option to Purchase Agreement with Gemstone Holdings, LLC, for the enhancement and expansion of the open space along the proposed Cirrus Sky Technology Park Trail, and authorize the Mayor and City Clerk to sign. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING July 16, 2013 Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Vitale. MOTION CARRIED. 11. Consideration of 3rd & Hancock Emergency Sewer Line Repair Project Bid. MOTION BY HANSON, seconded by Henry, that Council reject the 3rd & Hancock Emergency Sewer Line Repair Project Bid and rebid the project. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Vitale. MOTION CARRIED. 12. Consideration of Special Purpose Tax, Phase 4 Schedule 2 Project Bid for reconstruction of water main – 11th Street from Park Ave to Kearney St. ($392,979.00). MOTION BY MCKINLEY, seconded by Henry, that Council award the Special Purpose Tax, Phase 4 Schedule 2 Project Bid to Mechanical Systems, Inc., of Cheyenne, WY in the amount of $392,979.00, plus a contingency of $39,297.90 for a total amount not to exceed $432,276.90, to approve the contract therefore, and to transfer the amount of $112,276.90 from the enterprise fund project Mill Street Project (WTP1ML) to this project for FY 14, and authorize the Mayor and City Clerk to sign. MOTION BY PEARCE, seconded by Henry, that Council approve a split cost arrangement between the City and homeowners if they are so willing, regarding costs associated with saving trees in the public Right of Way in the project area, from the curb stop on into the main line of the owner’s property, to be paid from the contingency. Roll call ON AMENDMENT showed Aye: Henry, Pearce, McKinley, Kempert, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Vitale. MOTION CARRIED. Roll call ON MAIN MOTION AS AMENDED showed Aye: Henry, Pearce, McKinley, Kempert, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Vitale. MOTION CARRIED. 13. Consideration of Special Purpose Tax, Phase 4 Schedule 5 Project Bid for reconstruction water & sewer mains within alleys between Ord & Russell Streets from 5th-7th Streets ($460,042.00). MOTION BY MCKINLEY, seconded by Henry, that Council award the Special Purpose Tax, Phase 4 Schedule 5 Project Bid to Mechanical Systems, Inc., of Cheyenne, WY in the amount of $460,042.00, plus a contingency of $69,006.30 for a total amount not to exceed $529,048.30, to approve the contract therefore, amend the Enterprise Budget by an additional $29,379.85 for the FY14 budget, and authorize the Mayor and City Clerk to sign. Weaver left meeting at 9:06 p.m. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Hanson, Shumway, and Paulekas. Nays: None. Absent: Vitale and Weaver. MOTION CARRIED. Weaver entered meeting at 9:07 p.m. 14. Consideration of Chip Seal 2013 Project Bid ($290,000.00). ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING July 16, 2013 MOTION BY SHUMWAY, seconded by Pearce, that Council award the Chip Seal 2013 Project Bid to Simon Contractors of Cheyenne, Wyoming, in the amount not to exceed $290,000.00, to approve the contract therefore, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: Vitale. MOTION CARRIED. 15. Consideration of City Council Code of Conduct discussion. MOTION BY PEARCE, seconded by Shumway, that Council discuss the City Council Code of Conduct. MOTION CARRIED by voice vote. Direction given on all Public Comment Periods: 1. Non-agenda items need to be signed up on the Public Comment sheet, including Council Members, with no impromptu speaking. 2. Council members making public comments need to leave their seats and go to podium and speak, as a member of the public. 16. Consideration of future Council work session topics. None. 17. Public Comments on Non-Agenda Items by sign-in requests. None. 18. Adjourn to Executive Session regarding personnel. MOTION BY HANSON, seconded by Shumway, that Council adjourn to Executive Session regarding personnel. MOTION CARRIED by voice vote. Council adjourned at 9:26 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk