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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 01, 2013 Page 1 Regular Meeting of the City Council was called to order by Mayor Paulekas at 7:00 p.m. 1. Pledge of Allegiance. Mayor Paulekas led the Pledge of Allegiance. 2. Roll Call. Roll call showed present: Hanson, Henry, Pearce, McKinley, Kempert, Shumway, Vitale, and Paulekas. Absent: Weaver. Staff present: Janine Jordan, City Manager; David Clark, City Attorney; Malea Brown, Administrative Service Director; 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. A. MOTION BY SHUMWAY, seconded by Hanson, that the following changes to the Agenda be approved: On the Regular Agenda, Item No. 19 to be changed to read Adjourn to Executive Session regarding Land Acquisition, and items 20 and 21 to be removed. MOTION CARRIED by voice vote. B. MOTION BY SHUMWAY, seconded by Henry, that the Agenda be set as changed. MOTION CARRIED by voice vote. 5. Approval of Consent Agenda. MOTION BY SHUMWAY, seconded by Henry, that the Consent Agenda be approved and that each specific action on the Consent Agenda be approved as indicated. Roll call showed Aye: Hanson, Henry, Pearce, McKinley, Kempert, Shumway, Vitale, and Paulekas. Nays: None. Absent: Weaver. MOTION CARRIED. CONSENT AGENDA 5A. Minutes of City Council Meetings. Action: that Council approve the Minutes of the City Council Regular Meeting of September 17, 2013, and Special Meeting of September 24, 2013, and have them placed on file for public inspection. 5B. Cemetery Deeds for September 16-30, 2013. Action: that the Cemetery Deeds for September 16-30, 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 October 01, 2013 Page 2 5C. Vouchers for September 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 November. 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 September 11, 2013, and that the following recommendations be approved: 1. To acknowledge receipt of report from Facilities Management on the outcomes and activities of the annual summer maintenance closure at the Recreation Center; 2. To renew the loan agreement for Robert Russin’s First Steps, between the City of Laramie and the University of Wyoming Art Museum, and authorize the City Manager to sign; 3. To acknowledge receipt of the recreation division revenue/expense reports for the summer 2013 adult sports and fitness; 4. To approve the Facility Use Agreement between the City of Laramie and the Laramie Amateur Hockey Club, and authorize the City Manager to sign; 5. To approve the Facilities Use Agreement between the City of Laramie and Rocky Mountain Misfits Hockey Club, and authorize the City Manager to sign; 6. To approve the Memorandum of Understanding between the City of Laramie and the Laramie Figure Skating Club to accept and install a jump harness at the Ice & Event Center, and authorize the City Manager to sign; 7. To approve the Facilities Use Agreement between the City of Laramie and the Adult Non-Check Co-Ed Hockey Club, and authorize the City Manager to sign. 5E. Minutes. Action: that Council acknowledge receipt of the Minutes of the Parks, Trails and Recreation Ad Hoc Committee meeting of September 04, 2013. 5F. Minutes. Action: that Council acknowledge receipt of the Minutes of the Traffic Commission meeting of May 09, 2013, and approve the following recommended actions: ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 01, 2013 Page 3 1. To approve a specifically reserved handicap parking space at 1459 North 17th Street; 2. To approve placement of a Gem City Grand Bus Stop at 3821 Beech Street. 5G. Bid. Action: that Council award the one ½ ton 4x4 Truck Bid to Spradley-Barr Motors, Cheyenne, WY, in the amount of $19,157.00, with trade-in. 5H. Schedule Meeting(s): Action: that Council schedule the following meeting(s): 1. Work Session, October 08, 2013, 6:00 p.m., City Council public relations; 2. Public Hearing, October 15, 2013, 6:30, Bar & Grill Liquor License Application, Sushi Boat, LLC; 3. Special Meeting, October 22, 2013, 6:00 p.m., Consideration of Cirrus Sky Final Plat. . REGULAR AGENDA 6. Original Ordinance No. 1885, amending Section 13.44 of the Laramie Municipal Code which establishes the water rates for users of municipal water. (Introduced by Vitale) Second Reading. (Public Hearing: 10/01/2013) The City Clerk’ Assistant read Original Ordinance No. 1885 by title only. AN ORDINANCE AMENDING SECTION 13.44 OF THE LARAMIE MUNICIPAL CODE WHICH ESTABLISHES THE WATER RATES FOR USERS OF MUNICIPAL WATER. MOTION BY VITALE, seconded by Pearce, that Council approve Second Reading of Original Ordinance No. 1885, amending Chapter 13.44 of the Laramie Municipal Code FY 2014 adopted regulate water rate from a 3% increase to a 1 % increase in the City of Laramie. Roll call showed Aye: Hanson, Henry, Pearce, McKinley, Kempert, Shumway, Vitale, and Paulekas. Nays: None. Absent: Weaver. MOTION CARRIED. 7. Original Ordinance No. 1886, amending Section 13.48.018 of the Laramie Municipal Code which establishes the wastewater rates for users of municipal water. (Introduced by Vitale) Second Reading. (Public Hearing: 10/01/2013) The City Clerk’s Assistant read Original Ordinance No. 1886 by title only. AN ORDINANCE AMENDING SECTION 13.48.018 OF THE LARAMIE MUNICIPAL CODE WHICH ESTABLISHES THE WASTEWATER RATES FOR USERS OF MUNICIPAL WATER. MOTION BY VITALE, seconded by Hanson, that Council approve Second Reading of Original Ordinance No. 1886, amending Chapter 13.48 of the Laramie Municipal Code FY 2014 a wastewater rate from a 3% increase to a 1 % increase in the City of Laramie. Roll call showed Aye: Hanson, Henry, Pearce, McKinley, Kempert, Shumway, Vitale, and Paulekas. Nays: None. Absent: Weaver. MOTION CARRIED. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 01, 2013 Page 4 8. Resolution No. 2013-70, adopting the revised Recreation Center/Ice & Event Center Photograph/Video Imaging and Cell Phone Policy. MOTION BY KEMPERT, seconded by Pearce, that Council approve Resolution No. 2013-70, amending the Recreation Center/Ice & Event Center Photograph/Video Imaging and Cell Phone Policy with an effective date of October 1, 2013 and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Hanson, Henry, Pearce, McKinley, Kempert, Shumway, Vitale, and Paulekas. Nays: None. Absent: Weaver. MOTION CARRIED. 9. Resolution No. 2013-71, designating an area north of the Sandy Aragon Softball Complex as a Dog Friendly Area from the hours of dawn to dusk, as shown in Exhibit A. The City Clerk’s Assistant read Resolution No. 2013-71 by title only. A RESOLUTION DESIGNATING DOG FRIENDLY AREAS AND TIMES WITHIN CITY PARKS WHEN A DOG IS NOT AT LARGE. MOTION BY HANSON, seconded by Henry, that Council approve Resolution 2013-71, designating the Sandy Aragon Softball Complex fenced area as a dog friendly off-leash area from dawn to dusk where a dog is not considered to be at large and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Hanson, Henry, Pearce, McKinley, Kempert, Shumway, Vitale, and Paulekas. Nays: None. Absent: Weaver. MOTION CARRIED. 10. Resolution No. 2013-72, in support of re-directing the Countywide Consensus Award No. CWC 130009 for the South Gateway Drainage Project to the Indian Ridge Drainage Project. MOTION BY PEARCE, seconded by Henry, that Council approve this Resolution (No. 2013-72) in support of re-directing the Countywide Consensus Award Number CWC 130009 for the South Gateway Drainage Project to the Indian Ridge Drainage Project; authorizing all Council Members in attendance to sign this Resolution. Roll call showed Aye: Hanson, Henry, Pearce, McKinley, Kempert, Shumway, Vitale, and Paulekas. Nays: None. Absent: Weaver. MOTION CARRIED. 11. Consideration of Professional Services Agreement with Trihydro Corporation for the West Laramie – Banner Road Sanitary Sewer Outfall Project. MOTION BY MCKINLEY, seconded by Pearce, that Council approve a Professional Services Agreement between the City of Laramie and Trihydro Corporation, Laramie, WY; for the West Laramie – Banner Road Sanitary Sewer Outfall Design Updates in the amount of $110,476.00, plus $11,047.60 in contingency for a total amount not to exceed $121,523.60, to approve the agreement therefore, and authorize the Mayor and City Clerk to sign. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 01, 2013 Page 5 Roll call showed Aye: Hanson, Henry, Pearce, McKinley, Kempert, Shumway, Vitale, and Paulekas. Nays: None. Absent: Weaver. MOTION CARRIED. 12. Resolution No. 2013-73, requesting that WYDOT design the Boulder Drive-Bill Nye Avenue intersection as a T-Intersection. MOTION BY VITALE, seconded by Henry, that Council approve Resolution No. 2013-73, expressing City Council support for a T-intersection design at the Boulder Drive-Bill Nye Avenue intersection, and requesting that WYDOT incorporate this design in the reconnaissance report and other plans; and to authorize the Mayor and City Clerk to sign the Resolution. Roll call showed Aye: Hanson, Henry, Pearce, McKinley, Kempert, Shumway, Vitale, and Paulekas. Nays: None. Absent: Weaver. MOTION CARRIED. 13. Resolution No. 2013-74, declaring a vacancy and appointing a member to the Board of Health for the City of Laramie, Wyoming. MOTION BY KEMPERT, seconded by Shumway, that Council approve Resolution No. 2013-74, appointing Aaron Taff, DDS, to the Board of Health to fulfill a five year term expiring on October 31, 2013; and authorize the Mayor and City Clerk to sign the Resolution. Roll call showed Aye: Hanson, Henry, Pearce, McKinley, Kempert, Shumway, Vitale, and Paulekas. Nays: None. Absent: Weaver. MOTION CARRIED. 14. Consideration of Pre-Grant Award Documents for the Cedar Street Refinery Clean Up: A. Sub-Agreement between the City of Laramie and the Laramie Rivers Conservation District for a pending Community Development Block Grant Award for the Cedar Street Refinery Clean-Up Project. MOTION BY HENRY, seconded by Kempert, that Council accept a Sub-Agreement between the City of Laramie and the Laramie Rivers Conservation District for a pending Community Development Block Grant Award for the Cedar Street Refinery Clean-Up Project and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Hanson, Henry, Pearce, McKinley, Kempert, Shumway, Vitale, and Paulekas. Nays: None. Absent: Weaver. MOTION CARRIED. B. Acceptance of an Environmental Review related to the Cedar Street Refinery Clean-Up. MOTION BY HENRY, seconded by Pearce, that Council accept an Environmental Review related to the Cedar Street Refinery Clean-Up and authorize the City Manager to sign. Roll call showed Aye: Hanson, Henry, Pearce, McKinley, Kempert, Shumway, Vitale, and Paulekas. Nays: None. Absent: Weaver. MOTION CARRIED. 15. Consideration of Amendment to Employment Contract with the City Attorney. MOTION BY SHUMWAY, seconded by Kempert, that Council approve the Amendment to the City Attorney’s Employment Contract extending the term for an additional year to October, 2014. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 01, 2013 Page 6 Roll call showed Aye: Hanson, Henry, Pearce, McKinley, Kempert, Shumway, and Paulekas. Nays: Vitale. Absent: Weaver. MOTION CARRIED. 16. Consideration of Amendment to Employment Contract with the City Manager. MOTION BY SHUMWAY, seconded by Henry, that Council approve the amendment to the City Manager’s employment contract, and authorize the Mayor and City Clerk to sign. MOTION BY SHUMWAY, seconded by Henry, that Council postpone this motion to approve the amendment to the city Manager’s employment contract to October 15, 2013. Roll call ON POSTPONEMENT showed Aye: Hanson, Henry, Pearce, McKinley, Kempert, Shumway, and Paulekas. Nays: Vitale. Absent: Weaver. MOTION CARRIED. 17. Consideration of future Council work session topics. None. 18. Public Comments on Non-Agenda Items by sign-in requests. John Ysebaert addressed the Council concerning Parking and junk ordinances. He has had trouble with tickets on his son’s vehicle, the son is currently deployed in Afghanistan, and his residence of record is with his father. His son’s vehicle tags had expired, and the vehicle was ticketed. Mr. Ysebaert’s wife renewed the tags. The next day the vehicle is towed; contact with the Community Service Officer (CSO) revealed it was towed because it had low front tires, the cost was $270.00. The tires were not mentioned the day before when the first citation was issued. The vehicle is a “Yellow Ribbon” to Mr. Ysebaert’s youngest son, who was injured while serving in Iraq. In the last week, there was another ticket on the vehicle, with a 24 hour notice to move the vehicle. The CSO contacted related that because Mrs. Ysebaert did not have the keys to operate the vehicle, it was inoperable. Sgt. Austin, the CSO’s supervisor, was contacted, viewed the vehicle, and related there were no issues. Ysebaert requested that Council reconsider those ordinances to allow for exceptions for extraordinary circumstances. Tim Hale commented on the selective enforcement of traffic laws, that he’d notified the police of a vehicle parked in front of his driveway; it stayed there for over two weeks with no enforcement. Also related that there was a ventilation odor in the western portion of Council Chambers, from a ceiling mounted vent, caused by a cracked heat exchanger, and it needs a seal monitor. Mr. Hale also read two letters to the editor 1. Boomerang, from Kimberly Starkey, chastising Mayor Paulekas in his behavior handling the Code of Conduct and towards Vitale; and 2. Boomerang, from Donna Bershinsky addressing Ms. Guerin and how Guerin should release her resume, application, and other information concerning her position if she has the best interest of the Laramie citizens’ in mind; Mr. Hale also commented how he is not allowed to use first names, yet Council and City Staff refer to each other by first names, creating a double standard. Joe Vitale spoke on the Code of Conduct and several of its guidelines. Mr. Vitale asked the City Attorney if he could find an ordinance the prohibited a citizen from speaking at both public comments at a Work Session, and no ordinance was found. He questioned the 5 minute limitation on Public Comments. 19. Adjourn to Executive Session regarding land acquisition. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 01, 2013 Page 7 MOTION BY HANSON, seconded by Henry, that Council adjourn to Executive Session regarding land acquisition. MOTION CARRIED by voice vote. Council adjourned at 8:34 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk