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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 16, 2012 Page 1 Regular Meeting of the City Council was called to order by Mayor Mullner at 6:30 p.m. 1. Pledge of Allegiance. Mayor Mullner led the Pledge of Allegiance. 2. Roll Call. Roll call showed Present: Paulekas, McKinley, Kempert, Molvar, Vitale, Shumway, McCraken, and Mullner. Absent: Hanson. Staff present: Janine Jordan, City Manager; David Derragon, Assistant City Manager; Sue Morris-Jones, City Clerk; David Clark, City Attorney; Paul Harrison, Parks and Recreation Director; Richard Elliot, 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 MCCRAKEN, seconded by Vitale, that the following changes to the Agenda be approved: Add to Consent 5I, a Public Hearing, November 7, 2012, 6:30 p.m. regarding a Restaurant Liquor Application (Driving Force Restaurants, LLC) . MOTION CARRIED by voice vote. B. MOTION BY MCCRAKEN, seconded by Molvar, that the Agenda be set as changed. MOTION CARRIED by voice vote. 5. Approval of Consent Agenda. MOTION BY MCCRAKEN, 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: Paulekas, McKinley, Kempert, Molvar, Vitale, Shumway, McCraken, and Mullner. Nays: None. Absent: Hanson. MOTION CARRIED. CONSENT AGENDA 5A. Minutes of City Council Meetings. Action: that Council approve the Minutes of the City Council Regular Meeting of October 02, 2012, and Public Hearings of October 09, 012, and have them placed on file for public inspection. 5B. Cemetery Deeds for October 01-15, 2012. Action: that the Cemetery Deeds for October 01-15, 2012 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 16, 2012 Page 2 5C. Minutes. Action: that Council acknowledge receipt of the Minutes of the September 26, 2012 Meeting of the Parks, Trails and Recreation Ad Hoc Advisory Committee. 5D. Contract. Action: that Council approve the Alcohol Inspection Contract between the City of Laramie Police Department and the Wyoming Association of Sheriffs and Chiefs of Police (WASCOP) for liquor law compliance checks of liquor license holders in the City of Laramie, in the amount of $5,950.00. 5E. Contract. Action: that Council approve the Tobacco Inspection Contract between the City of Laramie Police Department and the Wyoming Association of Sheriffs and Chiefs of Police (WASCOP) to complete tobacco inspections in Laramie, in an amount not to exceed $5,950.00. 5F. Agreement. Action: that Council approve the Professional Services Agreement between the City of Laramie and Dowl HKM, Laramie, Wyoming for the South Laramie Water Supply Project, in the amount of $9,155.00, authorize the Mayor and City Clerk to sign, and to amend the FY 2013-2012 City Budget to include the indicated project expenses. 5G. Agreement. Action: that Council approve the Professional Services Agreement between the City of Laramie and AMEC Earth & Environmental, Inc., Laramie, Wyoming, for the Specific Purpose Tax Phase 4 – Bid Schedule 1 Project, in the amount of $47,828.00 plus $4,782.00 contingency for a total amount not to exceed $52,610.00, and authorize the Mayor and City Clerk to sign. 5H. Agreement. Action: that Council accept the grant funds from the Wyoming Dept of State Parks and Cultural Resources, Division of State Parks, Historic Sites and Trails for a 2012 Land and Water Conservation Fund Grant for the Undine Park Splash Pad Phase II Project, in the amount of $46,546.00, along with authorizing a budget amendment in the amount of $46546.00, and authorize the Mayor and City Clerk to sign the Grant Agreement. 5I. Schedule Meeting: Action: that Council schedule the following meeting: 1. Public Hearing, November 7, 2012, 6:30 p.m. regarding a Restaurant Liquor Application, Driving Force Restaurants, LLC, dba Burger Xtreme, 204 N. 3rd St. REGULAR AGENDA 6. Resolution No. 2012-58, adopting the Americans with Disabilities Act Transition Plan for Laramie Parks and Recreation Facilities. The City Clerk read Resolution No. 2012-58 by title only. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 16, 2012 Page 3 A RESOLUTION ADOPTING THE AMERICANS WITH DISABILITIES ACT TRANSITION PLAN FOR LARAMIE PARKS AND RECREATION FACILITIES. MOTION BY MULLNER, seconded by Shumway, that Council approve Resolution 2012-58 adopting the Americans with Disabilities Act (ADA) Transition Plan for Laramie Parks and Recreation Facilities as required by the United States Department of Justice, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Shumway, McCraken, and Mullner. Nays: None. Absent: Hanson. MOTION CARRIED. 7. Original Ordinance No. 1857, amending the Zoning District Map of the City of Laramie, Wyoming, by rezoning approximately 10.00 acres of land generally located southeast of the intersection of 30th and Garfield Streets from LR (Limited Single-family residential) District to R3 (Multi-family) District. (Introduced by Paulekas) Second Reading. Public Hearing: 10/09/2012. The City Clerk read Original Ordinance No. 1857 by title only. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF LARAMIE, WYOMING, BY REZONING APPROXIMATELY 10.00 ACRES OF LAND GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF 30TH AND GARFIELD STREETS FROM LR (LIMITED SINGLE-FAMILY RESIDENTIAL) DISTRICT TO R3 (MULTI-FAMILY) DISTRICT. MOTION BY PAULEKAS, seconded by Shumway, that Council approve Original Ordinance No. 1857 on Second Reading, rezoning from LR (Limited Single-family residential) District to R3 (Multi-family) District for an approximately 10 acre parcel of land generally located southeast of the intersection of 30th and Garfield Streets; and note a Public Hearing was held on October 9, 2012. MOTION BY VITALE, seconded by Molvar, that Council postpone Second Reading to November 7, 2012. Roll call showed Aye: Molvar, Vitale, and Shumway. Nays: Paulekas, McKinley, Kempert, McCraken, and Mullner. Absent: Hanson. MOTION FAILED. Roll call ON MAIN MOTION showed Aye: Paulekas, Kempert, Vitale, Shumway, McCraken, and Mullner. Nays: McKinley and Molvar. Absent: Hanson. MOTION CARRIED. Council recessed at 9:25 p.m. Council reconvened at 9:38 p.m. A. Schedule of Work Session, October 23, 2012, 4:00 p.m., The Pointe at UW, 30th & Garfield Streets. MOTION BY PAULEKAS, seconded by Kempert, that Council schedule a Work Session on October 23, 2012 at 4:00 p.m., at 30th and Garfield Streets to view The Pointe at University of Wyoming. Roll call showed Aye: McCraken. Nays: Paulekas, McKinley, Kempert, Molvar, Vitale, Shumway, and Mullner. Absent: Hanson. MOTION FAILED. 8. Original Ordinance No. 1855, redesignating the name of a portion of Mitchell Street (redesignated as Plains Street. (Introduced by Kempert) Third/Final Reading. Public Hearing: 9/25/2012. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 16, 2012 Page 4 The City Clerk read Original Ordinance No. 1855 by title only. AN ORDINANCE REDESIGNATING THE NAME OF A PORTION OF MITCHELL STREET (REDESIGNATED AS PLAINS STREET). MOTION BY KEMPERT, seconded by Molvar, that Council approve Original Ordinance No. 1855 on Third and Final Reading, redesignating the name of a portion of Mitchell Street as Plains Street, noting a Public Hearing was held September 25, 2012, and authorize the Mayor and City Clerk to sign the ordinance. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Shumway, McCraken, and Mullner. Nays: None. Absent: Hanson. MOTION CARRIED. 9. Original Ordinance No. 1856, redesignating the name of Hilltop Street (redesignated as Crestridge Street). (Introduced by Kempert) Third/Final Reading. Public Hearing: 9/25/2012. The City Clerk read Original Ordinance No. 1856 by title only. AN ORDINANCE REDESIGNATING THE NAME OF HILLTOP STREET (REDESIGNATED AS CRESTRIDGE STREET). MOTION BY KEMPERT, seconded by Vitale, that Council approve Original Ordinance No. 1856 on Third and Final Reading, redesignating the name of Hilltop Street to Crestridge Street, and note a Public Hearing was held on September 25, 2012, and authorize the Mayor and City Clerk to sign the ordinance. MOTION BY MULLNER, seconded by Kempert, that Council amend the ordinance to change Plains to Crestridge and change Hilltop Road to Hilltop Street. Roll call ON AMENDMENT showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Shumway, McCraken, and Mullner. Nays: None. Absent: Hanson. MOTION CARRIED. Roll call ON MOTION AS AMENDED showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Shumway, McCraken, and Mullner. Nays: None. Absent: Hanson. MOTION CARRIED. 10. Consideration of Acceptance of Grant from Mineral Royalties Funds for Landfill Baler Building ($735,664.00). MOTION BY VITALE, seconded by Kempert, that Council accept funds from the Mineral Royalties Grant program, in the amount of $735,664.00, for the completion of the Landfill Baler Building. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Shumway, McCraken, and Mullner. Nays: None. Absent: Hanson. MOTION CARRIED. 11. Consideration of Acceptance of Grant from Mineral Royalties Consensus Funds ($2,850,374.00). MOTION BY VITALE, seconded by Kempert, that Council accept funds from the Mineral Royalties Consensus Grants for the following items: 1. $120,000 for replacement of MS 149 Ambulance 2. $120,000 for replacement of MS 144 Ambulance 3. $42,000 for Cardiac Defibrillator Replacement ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 16, 2012 Page 5 4. $768,487 for Water Line & Street Replacement 5. $330,024 for Waterline Replacement 6. $185,000 for South Gateway Drainage 7. $1,239,863 for B Line Sewer Replacement Garfield to Park Street 8. $45,000 for Annex Fire Alarm System improvements Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Shumway, McCraken, and Mullner. Nays: None. Absent: Hanson. MOTION CARRIED. 12. Consideration of Solid Waste Division Loader 2012 Bid ($220,625.00). MOTION BY SHUMWAY, seconded by McCraken, that Council award the Solid Waste Division Loader Bid to Wyoming Machinery Co., Casper, WY in the amount of $220,625.00. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Shumway, and McCraken. Nays: Mullner. Absent: Hanson. MOTION CARRIED. 13. Consideration of Solid Waste Division Roll-Off Truck Bid ($143,815.71). MOTION BY MCKINLEY, seconded by Kempert, that Council award the Solid Waste Division Rolloff Truck Bid to CMI-TECO, Mills, WY, in the amount of $143,815.71, and also approve a transfer of funds in the amount of $23,815.71 for the purchase. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Shumway, McCraken, and Mullner. Nays: None. Absent: Hanson. MOTION CARRIED. 14. Consideration of future Council work session topics. Vitale: 1. ADA Financial Strategy Plan, 2. Policy on recreation vehicles parked on street. 15. Public Comments on Non-Agenda Items by sign-in requests. McCraken noted there were three foreclosures in the paper today; he read a Cheyenne newspaper article about NCAR for the record, and how Laramie needs to pursue businesses come here, helping create jobs. Time Hale talked about conflicts of interest, and provided a letter which objected to Mayor Mullner’s receipt of one of the two new Retail Liquor Licenses. 16. Adjournment. MOTION BY MCKINLEY, seconded by Paulekas, that Council adjourn. MOTION CARRIED by voice vote. Council adjourned at 10:38 p.m. Respectfully submitted, ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 16, 2012 Page 6 Sue Morris-Jones, MMC City Clerk