Full Text
MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 07, 2012 Page 1 Regular Meeting of the City Council was called to order by Vice-Mayor McCraken at 6:35 p.m. 1. Pledge of Allegiance. Vice-Mayor McCraken led the Pledge of Allegiance. 2. Roll Call. Roll call showed Present: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Absent: Mullner. Staff present: Janine Jordan, City Manager; David Derragon, Assistant City Manager; David Clark, City Attorney; LaDene Culver, City Clerk Assistant; Malea Brown, Administrative Services Director; Randy Hunt, Community Development Director; Paul Harrison, Parks and Recreation Director; Richard Elliott, 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 PAULEKAS, seconded by Vitale, that the following changes to the Agenda be approved: Item 11 and 12 be moved and renamed 6A and 6B. MOTION CARRIED by voice vote. B. MOTION BY PAULEKAS, seconded by Vitale, that the Agenda be set as changed. MOTION CARRIED by voice vote. 5. Approval of Consent Agenda. MOTION BY PAULEKAS, 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, Hanson, Shumway, and McCraken. Nays: McKinley Vitale, and McCraken on 5D#1. Absent: Mullner. MOTION CARRIED. CONSENT AGENDA 5A. Minutes of City Council Meetings. Action: that Council approve the Minutes of the City Council Regular Meeting of October16, 2012, and Public Hearings of October 23, 2012, and have them placed on file for public inspection. 5B. Cemetery Deeds for October16-31, 2012. Action: that the Cemetery Deeds for October16-31, 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 November 07, 2012 Page 2 5C. Vouchers for October 2012. 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 December. 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 October 10, 2012, and that the following recommendations be approved: 1. To approve the donation of two adult multiple passes, valued at $180.00 to the LCCC Department of Radiology student organization as a fundraising item for the Curie Fund; 2. To acknowledge receipt of the report from the Wyoming Game and Fish Department to the Spring Creek fish kill as detailed in Attachment A; 3. To acknowledge receipt of the acceptance of the Parks and Recreation Department into the USA Swimming “Make a Splash” water safety initiative. 5E. Minutes. Action: that Council acknowledge receipt of the Minutes of the Parks, Trails and Recreation Ad Hoc Advisory Committee meeting of October 10, 2012; no recommendations. 5F. Minutes. Action: that Council acknowledge receipt of the Minutes of the Traffic Commission meeting of September 13, 2012, and that the following items be approved as indicated: 1. To approve a specifically reserved handicapped parking space at 1521 Barratt Street; 2. To approve the appointment of Traffic Commission member, Rhonda Young, to the Urban Systems Advisory Committee. 5G. Contract Amendment. Action: that Council approve Amendment No. One to the Contract with Johnson Controls, Inc., for the replacement of two flue stacks on the two Recreation Center HVAC roof top unit #7 and HVAC roof top unit in the amount of $2,350.00, and authorize a FY13 Budget Amendment in the same amount, and authorize the Mayor and City Clerk to sign. 5H. Contract Amendment. Action: that Council approve Change Order No. Two for the Garfield Street ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 07, 2012 Page 3 Footbridge Painting and Repair Project with Norvell Construction, LLC, in the amount of $35,000.00, for the addition of painting the final two trusses per detail 3, sheet 7 of the plans and specifications, and authorize the Mayor and City Clerk to sign. 5I. Agreement. Action: that Council approve the Professional Services Agreement between the City of Laramie, WY and West Plains Engineering, Inc., Casper, WY, for the Laramie Downtown Lighting Improvements Project, in the amount of $25,000.00 plus $2,500.00 contingency for a total amount not to exceed $27,500.00, and authorize the Mayor and City Clerk to sign. 5J. Bid Award. Action: that Council award the WYE Fluoride Equipment Replacement Project Bid to Six Point Solutions, Laramie, WY, in the amount of $60,789.00 plus a contingency of $1,211.00 for a total amount not to exceed $62,000.00, to approve the Contract therefore, and authorize the Mayor and City Clerk to sign, and to approve a transfer of funds in the amount of $22,000.00 for the Project. 5K. Schedule Meeting(s): Action: that Council schedule the following meeting(s): 1. Public Hearing, November 20, 2012, 6:30 p.m., Bar & Grill Liquor License Application, K & S, Inc.; and, that Council cancel the following meeting(s): 1. Work Session, November 27, 2012, 6:00 p.m., Agenda Review. REGULAR AGENDA 6. Consideration of Application for Restaurant Liquor License for Driving Force Restaurants, LLC, dba Burger Xtreme. MOTION BY VITALE, seconded by Kempert, that Council approve the application for Restaurant Liquor License No. R-48, to Driving Force Restaurants, LLC, dba Burger Xtreme, 204 N. 3rd Street, Laramie, WY, for the licensing period November 08, 2012 thru May 07, 2013. Roll call showed Aye: Paulekas, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: McKinley. Absent: Mullner. MOTION CARRIED. 6A. 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. MOTION BY VITALE, seconded by Kempert, that Council approve City Council Resolution No. 2012-57, 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 and authorize the Mayor and City Clerk to sign the resolution. MOTION BY VITALE, seconded by Molvar, that Council request postponement of the Comprehensive Plan amendments Criterion 3, LLC, Resolution 2012-57, until the regular scheduled meeting, May 7, 2013. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 07, 2012 Page 4 Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. 6B. 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) Third/Final Reading. Public Hearing: 10/09/2012. The City Clerk’s Assistant 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 Vitale, that Council approve Original Ordinance No. 1857 on Third and Final 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 authorize the Mayor and City Clerk to sign. MOTION BY PAULEKAS, seconded by Molvar, that Council postpone Third Reading on Original Ordinance No. 1857 for a period of six months, to May 7, 2013 (Regular Meeting). Roll call showed Aye: Paulekas, McKinley, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: Kempert. Absent: Mullner. MOTION CARRIED. Council recessed at 7:49 p.m. Council reconvened at 8:00 p.m. 7. 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). (Introduced by Vitale) Second Reading. Public Hearing: 10/23/2012. The City Clerk’s Assistant 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 Second 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, and noting a public hearing was held on October 23, 2012. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. 8. 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 ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 07, 2012 Page 5 R2 (Limited Multi-family) District (Walker Construction). (Introduced by Vitale) Second Reading. Public Hearing: 10/23/2012. The City Clerk’s Assistant 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 Molvar, that Council approve Original Ordinance No. 1859 on Second Reading, by 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, noting a public hearing was held on October 23, 2012. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. 9. Consideration of Professional Services Agreement for Waterline Replacement Project, Phase I ($315,560.00). MOTION BY HANSON, seconded by Vitale, that Council approve the Professional Services Agreement between the City of Laramie and Trihydro Corporation Laramie, WY, for the Grand Avenue Waterline Replacement Project, Phase I in the amount of $274,400.00 plus $41,160.00 in contingency for a total amount not to exceed $315,560.00, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. 10. Consideration of award for Solid Waste Automated Truck Bid 2012 ($296,996.49). MOTION BY KEMPERT, seconded by Shumway, that Council award the Solid Waste Automated Truck Bid 2012 to CMI TECO, Casper, WY, in the amount of $296,996.49. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. 11. Moved to 6A. 12. Moved to6B. 13. Reconsideration of Original Ordinance No. 1856, redesignating the name of Hilltop Street (redesignated as Crestridge Street). Third/Final Reading. Public Hearing: 9/25/2012. MOTION BY KEMPERT, seconded by Hanson, that Council reconsider Original Ordinance No. 1856. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, and Shumway. Nays: McCraken. Absent: Mullner. MOTION CARRIED. MOTION BY KEMPERT, seconded by Shumway, that Council amend Section 2 of Original Ordinance No. 1856, to incorporate the correct legal description. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 07, 2012 Page 6 Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. MOTION BY KEMPERT, seconded by Vitale, that Council approve Original Ordinance No 1856 as amended on Third Reading, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Paulekas, McKinley, Kempert, Vitale, Hanson, Shumway, and McCraken. Nays: Molvar. Absent: Mullner. MOTION CARRIED. 14. Consideration of documents for I-80 Telephone Canyon Aquifer Protection Project: A. Service Provider Agreement between City of Laramie, Wyoming, Albany County, Wyoming, and Trihydro Corporation for I-80 (Telephone Canyon) Aquifer Protection Monitoring Well Design and Hazardous Spill Detention Pond Design; B. MOU between City of Laramie, Wyoming and Albany County, Wyoming for I-80 Telephone Canyon Aquifer Protection Monitoring Well Design and Hazardous Spill Detention Pond Design. A. MOTION BY MOLVAR, seconded by Vitale, that Council enter into the I-80 (Telephone Canyon) Aquifer Protection Monitoring Well Design and Hazardous Spill Detention Pond Design Service Provider Agreement with Albany County and Trihydro Corporation, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. B. MOTION BY MOLVAR, seconded by Shumway, that Council enter into the Memorandum of Understanding with Albany County for the City of Laramie’s shared cost of the I-80 (Telephone Canyon) Aquifer Protection Monitoring Well Design and Hazardous Spill Detention Pond Design Service Provider Agreement, in an amount not to exceed $41,715.00. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. 15. Resolution No. 2012-59, authorizing submission of a US EPA Brownfields Combined Community Wide Assessment Grant. MOTION BY SHUMWAY, seconded by Molvar, that Council approve Resolution No. 2012-59, authorizing submission of a US EPA Brownfields Combined Community Wide Assessment Grant for the evaluation of hazardous substance and petroleum contaminates in the Spring Creek Basin in an amount not to exceed $400,000.00, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. 16. Resolution No. 2012-60, appointing one member to the Laramie Regional Airport Board for the City of Laramie, Wyoming. Council approve Resolution No. 2012-60, reappointing George Krell to the Laramie Regional Airport Board for the City of Laramie, Wyoming for a term ending December 31, 2014. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 07, 2012 Page 7 17. Consideration of future Council work session topics. Vitale: Reschedule the November 13 Work Session, Local Purchasing Presentation. 18. Public Comments on Non-Agenda Items by sign-in requests. Hanson stated that Christmas Eve and New Year’s Eve was on Monday, and it would make sense for City employees having those Mondays off, since they have the following day off as a holiday. Time Hale, presented a letter he had sent to the Wyoming Attorney General, with a complaint about Councilman Dave Paulekas, and a possible violation of public meeting laws. 19. Recess to Executive Session regarding personnel. Contract not brought forward. 20 Consideration of Amendment to City Attorney Employment Contract. 21. Adjournment. MOTION BY HANSON, seconded by Molvar, that Council adjourn. MOTION CARRIED by voice vote. Council adjourned at 9:10 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk