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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING September 18, 2012 Page 1 Regular Meeting of the City Council was called to order by Mayor Mullner at 6:41 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, Hanson, Shumway, McCraken, and Mullner. Absent: None. Staff present: Janine Jordan, City Manager; David Derragon, Assistant City Manager; Sue Morris-Jones, City Clerk; David Clark, City Attorney; Randy Hunt, Community Development Director; Paul Harrison, Parks and Recreation Director; Richard Elliot, 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 MCCRAKEN, seconded by Hanson, that the Agenda be set as submitted. MOTION CARRIED by voice vote. 5. Approval of Consent Agenda. MOTION BY MCCRAKEN, seconded by Shumway, 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, Hanson, Shumway, McCraken, and Mullner. 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 September 04, 2012, and have them placed on file for public inspection. 5B. Cemetery Deeds for September 01-15, 2012. Action: that the Cemetery Deeds for September 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. 5C. Agreement. Action: that Council approve the Assignment of Lease Agreement between the City of Laramie (Lessor) and The Laramie Country Club (Lessee) to BCR, Inc., (Lessee) for creation and maintenance of a sewer lagoon to support the Country Club’s facilities, and authorize the Mayor and City Clerk to sign. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING September 18, 2012 Page 2 5D. Agreement. Action: that Council approve the Facility Use Agreement between the City of Laramie, Wyoming and the Laramie Amateur Hockey Club to permit the Laramie Amateur Hockey Club to utilize the Laramie Community Ice & Event Center for ice skating activities through the ice season each year to conduct its youth ice skating programs, and authorize the Mayor and City Clerk to sign. 5E. Memorandum of Understanding. Action: that Council approve the Memorandum of Understanding between the City of Laramie and Susan Holland dba “The Workout” for a transition plan for merging “The Workout” fitness class offerings with the City’s fitness class offerings at the Laramie Community Recreation Center, and authorize the Mayor and City Clerk to sign. 5F. Schedule Meeting(s): Action: that Council schedule the following meeting(s): 1. Public Hearing, October 09, 2012, 6:00 p.m., Original Ordinance No. 1857; 2. Public Hearing, October 09, 2012, 6:00 p.m., Original Ordinance No. 1858; 3. Public Hearing, October 09, 2012, 6:00 p.m., Original Ordinance No. 1859; 4. Work Session, September 25, 2012, 6:00 p.m., Snowy Range Music Festival Update – Carl Gustafson; 5. Work Session, November 13, 2012, 6:00 p.m., Local Purchasing Presentation. REGULAR AGENDA 6. Consideration of Application for Limited Retail Golf Club Liquor License Application, No G-3 to BCR, Inc., dba Laramie Country Club. MOTION BY VITALE, seconded by Kempert, that Council approve the Application for Limited Retail Golf Liquor License, License No. G-3, to BCR, Inc., dba Laramie Country Club, 489 Hwy 230, Laramie, Wyoming, for the license term October 01, 2012 thru May 07, 2013. Roll call showed Aye: Paulekas, Kempert, Molvar, Vitale, Hanson, Shumway, McCraken, and Mullner. Nays: McKinley. Absent: None. MOTION CARRIED. 7. Consideration of Bid(s) received for Turner Tract property. MOTION BY KEMPERT, seconded by Molvar, that Council discuss the proposed sale of the Turner Tract parcel that was advertised for possible sale and consider the bids received for that property. MOTION BY MCCRAKEN, seconded by Vitale, that Council amend the Motion to Discuss, that we waive the irregularity in the delivery, and that we have Staff consider the bids, we postpone the decision and presentation until October 2, (2012). Roll call showed Aye: Kempert, Molvar, Hanson, Shumway, McCraken, and Mullner. Nays: Paulekas, McKinley, and Vitale. Absent: None. MOTION CARRIED. 8. Reconsideration of motion that Council approve the CenturyLink Domestic iQ Networking Service Agreement and Addendum. MOTION BY HANSON, seconded by Molvar, that Council reconsider the CenturyLink Domestic iQ Networking Service (agreement) between the City of Laramie and CenturyLink. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING September 18, 2012 Page 3 Roll call showed Aye: Paulekas, McKinley, Molvar, Hanson, Shumway, and Mullner. Nays: Kempert, and McCraken. Nays: Vitale Absent: None. MOTION CARRIED. MOTION BY HANSON, seconded by Mullner, that Council rescinds the approval of the agreement and addendum between the City of Laramie and CenturyLink for Domestic iQ Networking Service in the amount of $25,260.00. Roll call showed Aye: Paulekas, McKinley, Molvar, Hanson, Shumway, and Mullner. Nays: Kempert, Vitale, and McCraken. Absent: None. MOTION CARRIED. 9. Consideration of Bid for 20-Inch and 24-Inch Transmission Pipelines Cleaning Project. MOTION BY MCKINLEY, seconded by Shumway, that Council award the 20” and 24” Transmission Pipelines Cleaning Project bid to Mechanical Systems Incorporated, Cheyenne, WY, in the amount of $879,800.00 plus a contingency of $72,315.00 for a total amount not to exceed $952,115.00, to approve the contract therefore, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, McCraken, and Mullner. Nays: None. Absent: None. MOTION CARRIED. 10. Consideration of Bid for 2012 Storm Sewer Cured in Place Lining. MOTION BY SHUMWAY, seconded by Molvar, that Council award the Storm Sewer Lining Bid 2012 to Layne Inlining, Kiowa, CO, in the amount of $97,160.00, to approve the contract therefore, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, McCraken, and Mullner. Nays: None. Absent: None. MOTION CARRIED. Council recessed at 8:01 p.m. Council reconvened at 8:13 p.m. 11. Resolution No. 2012-57, certifying Planning Commission action, regarding amendments to the Future Land Use Map (Map 3.2) and the Development Limitations Map (Map 7.3) of the 2007 Laramie Comprehensive Plan. The City Clerk read Resolution No. 2012-57 by title only. RESOLUTION OF THE LARAMIE CITY COUNCIL CERTIFYING PLANNING COMMISSION ACTION, REGARDING AMENDMENTS TO THE FUTURE LAND USE MAP (MAP 3.2) AND THE DEVELOPMENT LIMITATIONS MAP (MAP 7.3) OF THE 2007 LARAMIE COMPREHENSIVE PLAN. MOTION BY MOLVAR, seconded by Hanson, that Council approve Resolution 2012-57, certifying the Planning Commission’s actions denying amendments to the Future Land Use Map (Map 3.2) and the Development Limitations Map (Map 7.3) of the 2007 Laramie Comprehensive Plan. MOTION BY PAULEKAS, seconded by Shumway, that Council remand back to Planning Commission Resolution 2012-57 for reevaluation, based on the approval criteria of the Laramie Municipal Code, and include finds of facts. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING September 18, 2012 Page 4 Roll call showed Aye: Paulekas, McKinley, Kempert, Vitale, Hanson, Shumway, McCraken, and Mullner. Nays: Molvar. Absent: None. MOTION CARRIED. 12. 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. Introduction and First 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 McCraken, that Council approve Original Ordinance No. 1857 on first 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; confirm a public hearing for October 9, 2012; and delay second reading until October 16, 2012. MOTION BY HANSON, seconded by Molvar, that Council remand this back to the Planning Commission for reevaluation, based on the approval criteria of the Laramie Municipal Code, and include finds of facts. Roll call ON REMAND showed Aye: Molvar, Hanson, and Mullner. Nays: Paulekas, McKinley, Kempert, Vitale, Shumway, and McCraken. Absent: None. MOTION FAILED. QUESTION CALLED BY PAULEKAS, seconded by Kempert. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, McCraken, and Mullner. Nays: None. Absent: None. QUESTION CARRIED Roll call ON MAIN MOTION showed Aye: Paulekas, McKinley, Kempert, Vitale, Hanson, Shumway, and McCraken. Nays: Molvar and Mullner. Absent: None. MOTION CARRIED 13. Original Ordinance No. 1858, approving and authorizing the annexation of 5.43 acres of County right-of-way, generally located north and northwest of the end of 10th Street and 13th Street into the boundaries of the City of Laramie, Wyoming (Walker Construction). Introduction and First Reading. Public Hearing: 10/09/2012. The City Clerk read Original Ordinance No. 1858 by title only. AN ORDINANCE APPROVING AND AUTHORIZING THE ANNEXATION OF 5.43 ACRES OF COUNTY RIGHT-OF-WAY, GENERALLY LOCATED NORTH AND NORTHWEST OF THE END OF 10TH STREET AND 13TH STREET INTO THE BOUNDARIES OF THE CITY OF LARAMIE, WYOMING. MOTION BY VITALE, seconded by Molvar, that Council approve Original Ordinance No. 1858, on first reading annexing approximately 5.43 acres of County right-of-way, generally located north and northwest of the end of 10th Street and 13th Street, based on findings of fact and conclusions of law, delaying second reading until November 7, 2012 and confirm a public hearing for October 23, 2012. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING September 18, 2012 Page 5 Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, McCraken, and Mullner. Nays: None. Absent: None. MOTION CARRIED. 14. Original Ordinance No. 1859, amending the Zoning District Map of the City of Laramie, Wyoming, by rezoning approximately 5.43 acres of county right-of-way, from County Residential to R2 (Limited Multi-family) District (Walker Construction). Introduction and First Reading. Public Hearing: 10/09/2012. The City Clerk read Original Ordinance No. 1859 by title only. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF LARAMIE, WYOMING, BY REZONING APPROXIMATELY 5.43 ACRES OF COUNTY RIGHT-OF-WAY, FROM COUNTY RESIDENTIAL TO R2 (LIMITED MULTI-FAMILY) DISTRICT. MOTION BY VITALE, seconded by Shumway, that Council approve Original Ordinance No. 1859, on first reading, rezoning approximately 5.43 acres of county right-of-way, generally located north and northwest of the end of 10th Street and 13th Street from County Residential to R2 (Limited Multi-Family) District, as illustrated in the Planning Commission staff report, delaying second reading until November 7, 2012 and confirm a public hearing for October 23, 2012. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, McCraken, and Mullner. Nays: None. Absent: None. MOTION CARRIED. 15. Consideration of future Council work session topics. Vitale: Bresnan Franchise Agreement. 16. Public Comments on Non-Agenda Items by sign-in requests. None. 17. Adjourn to Executive Session regarding personnel. MOTION BY HANSON, seconded by Shumway, that Council adjourn to Executive Session. MOTION CARRIED by voice vote. Council adjourned at 10:10 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk