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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING February 19, 2013 Page 1 Regular Meeting of the City Council was called to order by Mayor Paulekas at 6:38 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: Janine Jordan, City Manager; David Derragon, Assistant City Manager; Sue Morris-Jones, City Clerk; David Clark, City Attorney; Malea Brown, Administrative Service Director; Lori Curry, Human Resources Director; Randy Hunt, Community Development Director; Paul Harrison, Parks and Recreation Director; Richard Elliot, Public Works Director; Dale Stalder, Police Chief; and Dan Johnson, Fire 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: Move 5D to 9A, modify 5F by adding “if approved by the Police Department” as the last section of the item and change the address to 1565 N. 15th St. MOTION CARRIED by voice vote. B. MOTION BY WEAVER, seconded by Vitale, that the Agenda be set as changed. MOTION CARRIED by voice vote. 5. Approval of Consent Agenda. MOTION BY WEAVER, seconded by Vitale, 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 Special Meeting of February 05, 2013, Special Meeting of February 12, 2013, and Public Hearing of February 05, 2013, and have them placed on file for public inspection. 5B. Cemetery Deeds for February 01-15, 2013. Action: that the Cemetery Deeds for February 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. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING February 19, 2013 Page 2 5C. Minutes. Action: that Council acknowledge receipt of the Minutes from the January 16, January 23, and January 30, 2013 meetings of the Parks, Trails and Recreation Master Plan Ad Hoc Advisory Committee and that the following recommendations be approved: N/A. 5D. Moved to 9A. 5E. Agreement. Action: that Council approve an Intergovernmental Agreement between the City of Laramie Police Department and Albany County Sheriff’s Office for use of the Search and Rescue (SAR) Building, for purposes of submittal, processing, and storage of PD evidence, due to the fire at the PD Evidence Building, and authorize the Mayor and City Clerk to sign. 5F. Vehicle For Hire License Renewal. Action: that Council approve the renewal of a Vehicle for Hire License to Capitol City Cab LLC (Owner: LaVonne M. Bessler), 1565 N. 15th St. Laramie, Wyoming, for the period of January 01, 2013- December 31, 2013, conditioned upon the Community Development’s recommendation, if approved by the Police Department. 5G. Vehicle For Hire License. Action: that Council approve a Vehicle for Hire License to Laramie Taxi Cab, LLC (Owner: Cheyenne Shuttle, LLC), 217 South 1st Street, Suite 210, Laramie, Wyoming, for the period of February 19, 2013-December 31, 2013, conditioned upon the Police and Community Developments’ recommendations. 5H. Easement Agreement & Grant of Easement. Action: that Council approve the Easement Agreements and Grants of Easement for the South Laramie Water Supply Project, and authorize the Mayor and City Clerk to sign as follows: 1. The Bacon Living Trust, Robert E. Bacon Trustee and Carol J. Bacon Trustee, in an amount of consideration not to exceed $361.21; 2. Donald K. Beavers and Geraldine S. Beavers, in an amount of consideration not to exceed $1,102.20; 3. Blake Ranch Estates, Wyoming LLC, in an amount of consideration not to exceed $5,480.49; 4. Thomas E. Gabriel and Karen L. Gabriel, in an amount of consideration not to exceed $4,844.03; 5. Leroy J. Gabriel and Karen M. Gabriel, in an amount of consideration not to exceed $2,161.62; 6. K Developers, WY LLC, in an amount of consideration not to exceed $4,633.27; 7. Moreno, LLC, in an amount of consideration not to exceed $10,889.79; 8. The John A. Newell and Anne T. Newell Trust, John A. Newell Trustee and Anne T. Newell, Trustee, in an amount of consideration not to exceed $1,496.23; 9. Dale Poledna, Dale Poledna II, Jill Ritzman, and Lisa Poledna, each owning an undivided 25% interest as tenants in common, in an amount of consideration not to exceed $3,069.10; 10. Prairie View, LLC, in an amount of consideration not to exceed $2,739.01; ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING February 19, 2013 Page 3 11. Sheaffer Place, LLC, in an amount of consideration not to exceed $3,019.22; 12. Timberline Energy, Inc., and Summit Business Park, LLC, in an amount of consideration not to exceed $3,333.34; 13. Union Investment Company, in an amount of consideration not to exceed $2,290.42. REGULAR AGENDA 6. Consideration of following Applications; A. Bar and Grill Liquor License to Sherlock Investment, LLC, 201 E. Custer Street, Laramie, WY; B. Microbrewery License to Sherlock Investment, LLC, 201 E. Custer Street, Laramie, WY. MOTION BY PEARCE, seconded by Weaver, that Council approve the Application for Bar & Grill Liquor License No. BG-1 and the Application for a Microbrewery License No. M-6, to Sherlock Investments, LLC , 201 E. Custer Street, Laramie, Wyoming, for the licenses term February 20, 2013 thru May 07, 2013, and approve issuance of licenses contingent upon receipt of a current food service permit filed with the City Clerk and approve by Wyoming Liquor Division. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: McKinley. Absent: None. MOTION CARRIED. 7. Consideration of Business Ready Community Grant and Loan Program Grant Agreement between the Wyoming Business Council and the City of Laramie for the Cirrus Sky Technology Park. MOTION BY VITALE, seconded by Hanson, that Council approve and authorize the Grant Agreement between the City of Laramie and the Wyoming Business Council, executing a grant in the amount of $5,466,331 for the Cirrus Sky Technology Park, including any necessary budget amendments, and the Mayor’s signature on documents. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: McKinley. Absent: None. MOTION CARRIED. 8. Original Ordinance No. 1868, to establish low income affordable municipal services rate. (Introduced by Vitale) Third/Final Reading. The City Clerk read Original Ordinance No. 1868 by title only. AN ORDINANCE TO ESTABLISH LOW INCOME AFFORDABLE MUNICIPAL SERVICES RATES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LARAMIE MOTION BY VITALE, seconded by Henry, that Council approve Third and Final Reading of Original Ordinance No. 1868 to amend Enrolled Ordinance 1347 regarding the structure of the City of Laramie’s Low Income Utility Rate Assistance Program and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING February 19, 2013 Page 4 9. Consideration of Walker Subdivision Final Plat (23 lots; location: east of 10th St and north of northern most end of 13th St.; Owner: Walker Construction, Doug Walker). MOTION BY VITALE, seconded by Hanson, 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. MOTION BY VITALE, seconded by Weaver, that Council postpone the Walker Subdivision final plat until March 19, 2013 (6:30 p.m.) at the request of the applicant. Roll call ON POSTPONEMENT showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 9A. Consideration of Bid Award for Ambulance Replacement Project Bid to Braun Northwest, Inc., Chehalis, WA, in the amount of $161,869.00 MOTION BY HANSON, seconded by Shumway, that Council award the Ambulance Bid for a New Ambulance to Braun NW Chehalis, WA, in the amount of $161,869.00 Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. Council recessed at 7:44 p.m. Council reconvened at 7:52 p.m. 10. Consideration of City of Laramie Code of Conduct and Guidelines for City Council, Revised February 2013. MOTION BY HANSON, seconded by Shumway, that Council take the City of Laramie Code of Conduct and Guidelines for City Council off the table. MOTION CARRIED by voice vote. The following motion was on the floor January 15, 2013: MOTION BY HANSON, seconded by Shumway, that Council approve the City of Laramie Code of Conduct, including the amendments included therein, to be effective upon adoption by the newly elected Council, (Revised February 19, 2013). Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 11. Original Ordinance No. 1872, to amend Chapter 13.64 of the LMC pertaining to payment required before burial, Chapter 13.72 of the LMC pertaining to the scheduling of interments, and Chapter 13.72 of the LMC pertaining to service charge at the City’s Cemetery. Introduction and First Reading. The City Clerk 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 ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING February 19, 2013 Page 5 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 KEMPERT, seconded by Hanson, that Council approve Original Ordinance No. 1872, on First Reading to amend Chapter 13.64 of the LMC pertaining to payment required before burial, Chapter 13.72 of the LMC pertaining to the scheduling of interments, and Chapter 13.72 of the LMC pertaining to service charge at the City’s Cemetery. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 12. Resolution No. 2013-21, in support of submitting an application for designation as a Kaboom! Playful City, along with declaring October 5, 2013 as Laramie’s Day of Play. MOTION BY KEMPERT, seconded by Pearce, that Council approve Resolution No. 2013-21, in support of submitting an application for designation as a Kaboom! Playful City, along with declaring October 5, 2013 as Laramie’s Day of Play, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 13. Resolution No. 2013-22, resolution of the Laramie City Council certifying Planning Commission action, adopting the Downtown Development Plan as an official plan of the City. MOTION BY WEAVER, seconded by Vitale, that Council approve Resolution No. 2013-22, certifying Planning Commission action adopting the Downtown Development Plan as an official plan of the City; and authorize the Mayor and City Clerk to sign the Resolution. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 14. Consideration of Bid Award for the Undine Park Splash Pad, Phase 2 Project Bid. MOTION BY HENRY, seconded by Shumway, that Council award the bid for the Undine Park Splash Pad Phase II Project to Arcon, Inc. of Laramie, Wyoming, in an amount not to exceed $104,500.00 and reserve $15,510.00 for project contingencies and potential alternate inclusions, along with approving the construction contract and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 15. Consideration of future Council work session topics. None. 16. Public Comments on Non-Agenda Items by sign-in requests. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING February 19, 2013 Page 6 Tim Hale commented on three different issues: 1. How much did the Gem (City) Spark brochure cost? It contained a reference to a former Mayor’s business. 2. There was a littering issue north of town on North 9th Street about a month ago. He stated that City staff had found identifiers that the alleged perpetrator is related to a City employee, and the investigation was dropped without any citations issued. 3. He questioned the need for Executive Sessions for the Municipal Judge position. 17. Recess to Executive Session regarding personnel. MOTION BY HANSON, seconded by Kempert, that Council recess to Executive Session. MOTION CARRIED by voice vote. Council recessed to Executive Session at 8:43 p.m. Council reconvened from Executive Session at 9:28 p.m. 18. Consideration of Municipal Judge Candidates. MOTION BY KEMPERT, seconded by Pearce, that Council appoint Meredith Peterson as Municipal Judge for the City of Laramie, contingent upon execution of an employment contract with terms which are compatible with the present Judge’s contract, and direct the attorney to negotiate with Meredith Peterson for the contract; further move to give sixty (60) days notice to the existing Municipal Judge, with pay for that specified time. Roll call showed Aye: Henry, Pearce, Kempert, Shumway, and Paulekas. Nays: McKinley, Vitale, Hanson, and Weaver. Absent: None. MOTION CARRIED. 19. Adjournment. MOTION BY HANSON, seconded by Kempert, that Council adjourn. MOTION CARRIED by voice vote. Council adjourned at 9:47 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk