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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING August 20, 2013 Page 1 Regular Meeting of the City Council was called to order by Mayor Paulekas at 6:35 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, Asst. City Manager; Sue Morris-Jones, City Clerk; David Clark, City Attorney; Randy Hunt, Community Development Director; Paul Harrison, Parks and Recreation Director; and Earl Smith, 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 Henry, that the following changes to the Agenda be approved: Move Consent 5E to Regular 10A, delete 5J; delete Consent 5J; and add 6A, an Acceptance of an Easement from the Ivinson Home for Ladies for Sanitary Sewer Line. 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 Regular Meeting of August 06, 2013 and Special Meeting of August 07, 2013, and have them placed on file for public inspection. 5B. Cemetery Deeds for August 01-15, 2013. Action: that the Cemetery Deeds for August 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 August 20, 2013 Page 2 5C. Agreement Amendment. Action: that Council approve Amendment No. 4 to Professional Services Agreement between the City of Laramie, WY and Coffey Engineering and Surveying, LLC for the Specific Purpose Tax Project – Phase 2 Bid Schedule 6 (Cedar Street Improvements), in the amount of $11,519.00, authorize the City Manager to sign, and amend the project budget. 5D. Agreement Amendment. Action: that Council approve Amendment No. One to the Cooperative Agreement between the City of Laramie, WY and the Wyoming Department of Transportation for Bill Nye Avenue engineering services, and authorize the Mayor and City Clerk to sign, and amend the FY 2014 Budget, in the amount of $2,500.00. 5E. Moved to 10A. 5F. Use Permit. Action: that Council approve a Temporary Use Permit between the City of Laramie, WY and Kim Howard & Ann H. Thedieck for the Laramie Transmission Pipeline – Phase II, in the amount of $313.72, and authorize the Mayor and City Clerk to sign. 5G. Easement. Action: that Council accept a Grant of Easement and approve an Agreement to Grant Right of Way Water Pipeline Easement between the City of Laramie, WY and Ann Holzgrefe Thedieck, in the amount of $18,264.00, and authorize the Mayor and City Clerk to sign. 5H. Easement. Action: that Council approve the Underground Right of Way Easement Agreement between the City of Laramie, WY and PacificCorp dba Rocky Mountain Power to construct, operate and maintain utility lines to service the Laramie Landfill, and authorize the City Manager to sign. 5I. Bids. Action: that Council approve the following bid awards: 1. 2.5 Cubic Yard Loader Bid 2013 to Wyoming Machinery, Casper, WY, in the amount of $66,971.24 with trade-in; 2. Crack Sealer Bid 2013 to Denver Industrial Sales and Service, Denver, CO, in the amount of $39,996.85 with trade-in; 3. One ½ Ton 4x4 Pickup Bid 2013 (Utilities/Public Works) to Spradley- Barr Motors, Cheyenne, WY, in the amount of $18,009.00 with trade-in; 4. One ½ Ton 4x4 Pickup Truck Bid 2013 (Parks & Recreation/Mosquito) to Greiner Motors, Casper, WY, in the amount of $20,826.00 with trade-in; 5. Utility Work Machine Bid 2013 to Bobcat of the Rockies, Cheyenne, WY, in the amount of $48,423.00; 6. AWD Patrol Sedan Bid 2013 to Spradley-Barr Motors, Cheyenne, WY, in the amount of $91,850.00 with trade-in. 5J. Deleted in 4A. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING August 20, 2013 Page 3 REGULAR AGENDA 6. Consideration of Application New Restaurant Liquor License of J’s Prairie Rose, Inc., dba J’s Steakhouse, 3225 Grand Avenue. MOTION BY PEARCE, seconded by Kempert, that Council approve the Application for Restaurant Liquor License No. R-50, to J’s Prairie Rose, Inc., dba J’s Steakhouse, 3225 Grand Avenue, Laramie, Wyoming, for the licensing period August 21, 2013, thru May 07, 2014, 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 Easement Agreement from the Ivinson Home for Ladies for the Sanitary Sewer Line. MOTION BY HENRY, seconded by Weaver, that Council accept the Easement Agreement from the Ivinson Home for Ladies for the Sanitary Sewer Line. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 7. Original Ordinance No. 1874, amending Title 15 of Laramie Municipal Code, amending manufactured home, mobile home, travel trailer park, recreational vehicle park and campground licensing requirements. (Introduced by McKinley) Second Reading. (Public Hearings: 5/28/2013; 8/13/2013) MOTION BY MCKINLEY, seconded by Henry, that Council approve Original Ordinance No. 1874 on Second Reading, based on findings of fact and conclusions of law and note Public Hearings were held May 28, 2013 and August 13, 2013. MOTION BY MCKINLEY, seconded by Henry, that Council postpone Original Ordinance No. 1874 to November 19, 2013, to allow staff to review public comments provided at the May 28 and August 13, 203 Public Hearings. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 8. Original Ordinance No. 1877, rezoning approximately 54.57 acres of land generally located west of Boulder Drive and north of Bill Nye Avenue from B1 (limited business), LR (single-family residential and O (open) to B1 (limited business) (Owner: Albany County School District No. (Introduced by Vitale) Third/Final Reading. (Public Hearing: 7/23/2013). The City Clerk read Original Ordinance No. 1877 by title only. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF LARAMIE, WYOMING, BY REZONING APPROXIMATELY 54.57 ACRES OF LAND GENERALLY LOCATED WEST OF BOULDER DRIVE AND NORTH OF BILL NYE AVENUE FROM B1 (LIMITED BUSINESS), LR (SINGLE-FAMILY RESIDENTIAL AND O (OPEN) TO B1 (LIMITED BUSINESS). ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING August 20, 2013 Page 4 MOTION BY VITALE, seconded by Henry, that Council approve Original Ordinance No. 1877, on Third Reading, rezoning approximately 54.57 acres of land generally located west of Boulder Drive and north of Bill Nye Avenue from B1 (limited business), LR (single-family residential) and O (open) to B1 (limited business); based on findings of fact and conclusions of law; 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. 9. Original Ordinance No. 1879, rezoning approximately 2.39 acres of land located at 1532 Court from LM (limited manufacturing)/APO (aquifer protection overlay) District to B1 (limited business)/APO (Cornerstone Associates, LLC). (Introduced by Vitale) Third/Final Reading. (Public Hearing: 7/23/2013). The City Clerk read Original Ordinance No. 1879 by title only. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF LARAMIE, WYOMING, BY REZONING APPROXIMATELY 2.39 ACRES OF LAND LOCATED AT 1532 COURT FROM LM (LIMITED MANUFACTURING)/APO (AQUIFER PROTECTION OVERLAY)/ TTO (TURNER TRACT OVERLAY) DISTRICT TO B1 (LIMITED BUSINESS)/APO/TTO. MOTION BY VITALE, seconded by Pearce, that Council approve Original Ordinance No. 1879 on Third Reading, rezoning approximately 2.39 acres of land located at 1532 Court from LM (limited manufacturing)/APO (aquifer protection overlay)/TTO (Turner Tract Overlay) District to B1 (limited business)/APO/TTO 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, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 10. Original Ordinance No. 1878, rezoning approximately 3.5 acres of land generally located at the southwest corner of Glacier and Beech Street from O (open) District/APO (aquifer protection overlay district) to R3 (multi-family residential) District/APO (Summit Housing Group). (Introduced by Weaver) Third/Final Reading. (Public Hearing: 7/23/2013). The City Clerk read Original Ordinance No. 1878 by title only. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF LARAMIE, WYOMING, BY REZONING APPROXIMATELY 3.5 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GLACIER AND BEECH STREET FROM O (OPEN) DISTRICT/APO (AQUIFER PROTECTION OVERLAY DISTRICT)/TTO (TURNER TRACT OVERLAY) DISTRICT TO R3 (MULTI- FAMILY RESIDENTIAL) DISTRICT/APO/TTO. MOTION BY WEAVER, seconded by Kempert, that Council approve Original Ordinance No. 1878 on Third and Final Reading, rezoning approximately 3.5 acres of land generally located at the southwest corner of Glacier and Beech Street from O (open) District/APO (Aquifer Protection Overlay District) to R3 (Multi-Family Residential) District/APO, based on findings of fact and conclusions of law; and authorize the Mayor and City Clerk to sign. MOTION BY WEAVER, seconded by Pearce, that Council amend Original Ordinance No. 1878 on Third and Final Reading to incorporate the final legal description as shown in Section 2 of the Draft Ordinance. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING August 20, 2013 Page 5 Roll call ON AMENDMENT showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. Roll call ON MOTION AS AMENDED showed Aye: Pearce, Kempert, Hanson, Shumway, and Weaver. Nays: Henry, McKinley, Vitale, and Paulekas. Absent: None. MOTION CARRIED. Council recessed at 9:03 p.m. Council reconvened at 9:13 p.m. 10A. Consideration of Agreement Amendment. from Professional Services between the City of Laramie, WY and Orion Planning Group, LLC, for Turner Tract Area Plan Update. MOTION BY HENRY, seconded by Pearce, that Council approve Amendment No. 1 to the Professional Services Agreement with Orion Planning Group, LLC, to extend the contract term end date to December 31, 2013 ; and authorize the Mayor and City Clerk to sign the agreement as amended. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 11. 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. (Introduced by Weaver) Third/Final 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 Third and Final Reading, 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. 12. Original Ordinance No. 1882, amending Chapter 10.20 of the Laramie Municipal Code entitled Motor Vehicle Regulation to provide for penalties for failure to use child safety restraint systems and for failure to use safety belts. Introduction and First Reading. The City Clerk read Original Ordinance No. 1882 by title only. AN ORDINANCE AMENDING CHAPTER 10.20 LMC TO PROVIDE FOR PENALTIES FOR FAILURE TO USE CHILD SAFETY RESTRAINT SYSTEMS AND FOR FAILURE TO USE SAFETY BELTS. MOTION BY HANSON, seconded by Pearce, that Council approve Original Ordinance No. 1882 on First Reading, amending Chapter 10.20 of the Laramie Municipal Code entitled Motor Vehicle Regulation to provide for penalties for failure to use child safety restraint systems and for failure to use safety belts. Roll call showed Aye: Pearce, McKinley, Kempert, Hanson, Shumway, Weaver, and Paulekas. Nays: ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING August 20, 2013 Page 6 Henry and Vitale. Absent: None. MOTION CARRIED. 13. Consideration of Grand View Heights Preliminary – Planned Unit Development (PUD) [location: property south of Beech St., west of Vista Drive, east of Boulder Drive & north of I-80; applicant: Country Club, LLC]. MOTION BY VITALE, seconded by Hanson, that Council approve the Grand View Heights Preliminary Planned Unit Development based on findings of fact and conclusions of law, and subject to the Planning Commission’s recommended conditions. MOTION BY SHUMWAY, seconded by Vitale, that Council continue on with the items regarding Grand View Heights project, until 11:00 p.m., and that Council continue on with the Agenda as far as Council can go until 11:00 p.m. MOTION CARRIED by voice vote. Roll call ON ITEM 13 showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 14. Consideration of Grand View Heights Preliminary Subdivision Plat [location: property south of Beech St., west of Vista Drive, east of Boulder Drive & north of I-80; applicant: Country Club, LLC]. MOTION BY VITALE, seconded by Kempert, that Council approve the Grand View Heights 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, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 15. Consideration of Amendment No. Two to Construction Contract between the City of Laramie and JC Construction and Design, LLC for Optimist Park Rehabilitation Project. MOTION BY SHUMWAY, seconded by Vitale, that Council postpone until the next Regular City Council Meeting on September 3, 2012. MOTION CARRIED by voice vote. 16. Resolution No. 2013-55, adopting the revised sliding family income scale for the School Age Child Care (SACC) Program for the 2013/14 school year, effective September 1, 2013. MOTION BY KEMPERT, seconded by Weaver, that Council approve Resolution No. 2013-55 to adopt the revised sliding family income scale for the School Age Child Care (SACC) Program for the 2013/14 school year, effective September 1, 2013 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. 17. Resolution No. 2013-56, reauthorizing use of Town of Rock River fund awarded through the Office of State Lands and Investment’s County-wide Consensus Block Grant Program. MOTION BY HANSON, seconded by Henry, that Council pass Resolution No. 2013-56, authorizing the ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING August 20, 2013 Page 7 reallocation of Countywide Consensus awarded to the Town of Rock River. 18. Consideration of Bid Award for 5 Cubic Yard Wheel Loader Bid 2013 ($138,569.00). MOTION BY PEARCE, seconded by Kempert, that Council award the 5 Cubic Yard Loader Bid to Wyoming Machinery, Casper, WY in the amount of $138,569.00, with trade-in. Roll call showed Aye: Pearce, McKinley, Kempert, Hanson, and Shumway. Nays: Henry, Vitale, Weaver, and Paulekas. Absent: None. MOTION CARRIED. 19. Consideration of Bid Award for 10 Yard Dump Truck Bid 2013 ($144,089.00). MOTION BY PEARCE, seconded by Shumway, that Council award the 10 Yard Dump Truck Bid 2013 to Floyd’s Truck Center, Cheyenne, WY, in the amount of $144,089.00, with trade-in. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 20. Resolution No. 2013-57, resolution transferring unexpended appropriation balance from one capital project to another and amending the appropriations for the FY 2014 Budget of the City of Laramie, Wyoming (Indian Ridge Drainage Project). 21. Resolution No. 2013-58, appointment of one new member to the Downtown Development Authority Board. 22. Consideration of future Council work session topics. 23. Public Comments on Non-Agenda Items by sign-in requests. None. 24. Adjourn to Executive Session regarding personnel. MOTION BY HENRY, seconded by Vitale, that Council move Executive Session to the next Regular Meeting (September 3, 2013). MOTION CARRIED by voice vote. MOTION BY HANSON, seconded by Shumway, that Council Adjourn. MOTION CARRIED by voice vote. Council adjourned at 11:03 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk