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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING May 07, 2013 Page 1 Regular Meeting of the City Council was called to order by Mayor Paulekas at 6:30 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; Sue Morris-Jones, City Clerk; David Clark, City Attorney; Lori Curry, Human Resources Director; Randy Hunt, Community Development Director; Paul Harrison, Parks and Recreation 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 WEAVER, seconded by Kempert, that the following changes to the Agenda be approved: Add Item 7A, Bar & Grill Liquor License Expansion Request. MOTION CARRIED by voice vote. B. MOTION BY WEAVER, seconded by Pearce, that the Agenda be set as changed. MOTION CARRIED by voice vote. 5. Approval of Consent Agenda. MOTION BY WEAVER, seconded by Pearce, 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 April 16, 2013 and Public Hearing of April 23, 2013, and have them placed on file for public inspection. 5B. Cemetery Deeds for April16-30, 2013. Action: that the Cemetery Deeds for March 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 May 07, 2013 Page 2 5C. Vouchers for April 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 June. 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 April 10, 2013, and that the following recommendations be approved: 1. To acknowledge receipt of the Parks, Trails and Recreation Advisory Board’s Goals for 2013, as listed in Exhibit A; 2. To accept the donation of a memorial bench in memory of Everett and Ruth McKay; 3. To approve the Recreation Center policy for Kayak usage in the 8 Lane Competitive Pool; 4. To approve the modification of the hours of operation for summer Recreation Center aquatics operations; 5. To approve the Laramie Ice & Event Center Dasher Ad Sales Policy; 6. To approve the display of Albany County Tourism Board’s Legends of Laramie signs at Optimist and Depot Parks. 5E. Minutes. Action: that Council acknowledge receipt of the Minutes of the Parks, Trails and Recreation Master Plan Ad Hoc Advisory Committee meeting of April 10, 2013; no recommendations. 5F. Agreement. Action: that Council approve the Agreement between the City of Laramie and the Laramie Umpires Association, Inc., for umpire services for adult softball from May 01, 2013 through December 31, 2013, and authorize the Mayor and City Clerk to sign. 5G. Agreement. Action: that Council approve the Facility Use Agreement between the City of Laramie and the Montessori Charter School to provide group swimming lessons at the Recreation Center, and authorize the Mayor and City Clerk to sign. 5H. Agreement. Action: that Council approve the Facility Use Agreement between the City of Laramie and the Open School to provide group swimming lessons at the Recreation Center, and authorize the Mayor and City Clerk to sign. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING May 07, 2013 Page 3 5I. Agreement. Action: that Council approve the Lease Agreement between the City of Laramie and Action Resources International dba Feeding Laramie Valley for the Ft. Sanders Building at 968 N. 9th Street for a three year term, and authorize the Mayor and City Clerk to sign. 5J. Agreement. Action: that Council approve the 2013 Wildland Fire Management Annual Operating Plan (AOP) between the City of Laramie, WY and the USFS, and authorize the Mayor and Fire Chief to sign. 5K. Surplus Property. Action: that Council declare the following cardio equipment as surplus property: one Life Fitness Star Climber, serial number #SCI102679; two Life Fitness Treadmills, serial numbers TTJ117358 & TTJ118142; one True Elliptical, serial number 19-CSX01172K; and, authorize city staff to donate the surplus equipment to Albany County School District No. 1 5L. Donation. Action: that Council accept the donation of $500.00 in Grant Funds from Rocky Mountain Power for the 2013 Arbor Day Celebration and tree planting with the SACC Program on May 15, 2013. 5M. Pre-Award Acceptance Letter. Action: that Council approve a reduction in the request by the City of Laramie for 2013 Emergency Insect Management Grand funding from $77,600.00 to $75,272.00 for the support of the Mosquito Control Program and the implementation of the West Nile Virus Prevention Plan, and authorize the Mayor to sign the Pre-Award Acceptance Letter. 5N. Fire Union Contract. Action: that Council approve ratification of the 2013-2014 Fire Union Contract between the City of Laramie, Wyoming and Firefighters Local #946, I.A.F.F., and authorize the Mayor and City Clerk to sign. 5O. Schedule Meeting(s): Action: that Council schedule the following meeting(s): 1. Work Session, May 13, 2013, 5:00 p.m., LEDC Annual Report; 2. Work Session, May 14, 2013, 6:00 p.m., Wild Land Fire Season Report; 3. Public Hearing, May 28, 2013, 6:00 p.m., Orig. Ordinance No. 1874; 4. Public Hearing, May 28, 2013, 6:00 p.m., Orig. Ordinance No. 1875; 5. Work Session, May 28, 2013, 6:00 p.m., Comprehensive Plan 5-Yr Update; 6. Special Meeting, May 30, 2013, 6:00 p.m., Consideration of Cirrus Sky Preliminary Plat; 7. Work Session, June 11, 2013, 6:00 p.m., abandoned buildings; 8. Work Session, June 25, 2013, 6:00 p.m., recreational vehicle parking; 9. Work Session, June 25, 2013, 6:00 p.m., Town & Gown Overview; 10. Work Session, June 25, 2013, 6:00 p.m., UDC ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING May 07, 2013 Page 4 11. Work Session, July 09, 2013, 6:00 p.m., Council Policy on annexation & extraterritorial services; 12. Work Session, July 09, 2013, 6:00 p.m., Council Policy on disposal – vacation of publically owned property; 13. Work Session, July 23, 2013, 6:00 p.m., UDC REGULAR AGENDA 6. Consideration of Grant Award from the WY Office of Homeland Security to City of Laramie Fire Department – Region 3 State Regional Emergency Response Team ($100,000.00). MOTION BY MCKINLEY, seconded by Hanson, that Council approve a Grant Award from the WY Office of Homeland Security in the amount of $100,000.00 to the City of Laramie Fire Department – Region 3 State Regional Emergency Response Team and authorize the City Manager, the City Clerk, and the City Attorney to sign. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 7. Consideration of Transfer of Ownership Application, Retail Liquor License #19, New Albertson’s, Inc. MOTION BY VITALE, seconded by Hanson, that Council approve the Application for Transfer of Ownership of Retail Liquor License #19, from New Albertson’s, Inc., dba Albertson’s #2063, 3112 E. Grand Avenue to Albertson’s, LLC., dba Albertson’s #2063, 3112 E. Grand Avenue, for the licensing period May 08, 2013, thru May 07, 2014. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: McKinley. Absent: None. MOTION CARRIED. 7A. Bar & Grill Liquor License No. 4 Expansion Request. MOTION BY VITALE, seconded by Henry, that Council approve the expansion request of Scholl Reece, LLC dba Born In A Barn, Bar & Grill Liquor License No. BG-4,100 E. Ivinson Street, for serving area to include a 25 ft. X 72 ft enclosed contiguous patio on south side of building, effective immediately. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: McKinley. Absent: None. MOTION CARRIED. 8. Consideration of Utilities Pickup 2012 Bid Award. MOTION BY HANSON, seconded by Weaver, that Council award the Utilities Pickup 2012 to Spradley Barr Motors, Inc., Cheyenne, WY, in the amount of $20,788.00. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 9. Consideration of Spring Creek Village Subdivision, Preliminary Plat (8 lots in 31.12 acre tract; location: west of 9th St. btwn future Bill Nye Ave extension & Spring Creek Channel; owner: Fall Creek Development, LLC). ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING May 07, 2013 Page 5 MOTION BY VITALE, seconded by McKinley, that Council approve the Spring Creek Village Subdivision Preliminary 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. 10. 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 HANSON, seconded by Weaver, 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 HANSON, seconded by Weaver, that Council amend by substitution of City Council Resolution 2012-57A. MOTION BY HANSON, seconded by Weaver, that Council amend to permit the applicant (Criterion 3) to withdraw Resolution 2012-57 and the amended substituted Resolution 2012-57A. Roll call ON WITHDRAWAL showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 11. 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. MOTION BY HANSON, seconded by McKinley, 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, an approximate 10.00 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 HANSON, seconded by Weaver, that Council amend to deny without prejudice Original Ordinance No. 1857. Roll call ON AMENDMENT TO DENY showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. Roll call ON MAIN MOTION AS AMENDED showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. Council recessed at 8:04 p.m. Council reconvened at 8:12 p.m. 12. Original Ordinance No. 1873, to amend Chapter 12.48.050 of the Laramie Municipal Code pertaining to facility use park permit, fees and damage deposit. (Introduced by Kempert) Third/Final Reading. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING May 07, 2013 Page 6 The City Clerk read Original Ordinance No. 1873 by title only. AN ORDINANCE TO AMEND CHAPTER 12.48.050 OF THE LARAMIE MUNICIPAL CODE PERTAINING TO FACILITY USE PARK PERMIT, FEES AND DAMAGE DEPOSIT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LARAMIE MOTION BY KEMPERT, seconded by Hanson, that Council approve Original Ordinance No. 1873, on Third and Final Reading, to amend Chapter 12.48.050 of the Laramie Municipal Code pertaining to Facility Use Park Permit, Fees and Damage Deposit. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 13. Resolution No. 2013-39, amending the Master Fee Schedule for the Parks and Recreation Department with effective date of May 15, 2013. MOTION BY KEMPERT, seconded by Hanson, that Council approve Resolution No. 2013-39, amending the Master Fee Schedule for the Parks and Recreation Department with effective date of May 15, 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. 14. 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. Introduction and First Reading. (Public Hearing: 5/28/2013). The City Clerk read Original Ordinance No. 1874 by title only. AN ORDINANCE AMENDING TITLE 15 OF LARAMIE MUNICIPAL CODE AMENDING MANUFACTURED HOME, MOBILE HOME, TRAVEL TRAILER PARK, RECREATIONAL VEHICLE PARK AND CAMPGROUND LICENSING REQUIREMENTS. MOTION BY MCKINLEY, seconded by Weaver, that Council approve Original Ordinance No. 1874 on First Reading, based on findings of fact and conclusions of law and as recommended by the Planning Commission; set a Public Hearing for May 28, 2013; and delay second reading to June 4, 2013. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Weaver, and Paulekas. Nays: Hanson and Vitale. Absent: None. MOTION CARRIED. 15. Original Ordinance No. 1875, amending Title 15 of Laramie Municipal Code, amending the procedures for the establishment of Planned Unit Development Overlay Districts and Rezonings, and amending Planned Unit Development Overlay District standards. Introduction and First Reading. (Public Hearing: 5/28/2013). The City Clerk read Original Ordinance No. 1875 by title only. AN ORDINANCE AMENDING TITLE 15 OF LARAMIE MUNICIPAL CODE AMENDING THE PROCEDURES FOR THE ESTABLISHMENT OF PLANNED UNIT DEVELOPMENT OVERLAY DISTRICTS AND REZONINGS, AND AMENDING PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT STANDARDS. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING May 07, 2013 Page 7 MOTION BY PEARCE, seconded by Weaver, that Council approve Original Ordinance No. 1875 on first reading, based on findings of fact and conclusions of law and as recommended by the Planning Commission; set a Public Hearing for May 28, 2013; and delay second reading to June 4, 2013. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 16. Consideration of allowing public input at Council work session items. MOTION BY VITALE, seconded by Pearce, that the City Attorney be instructed to prepare an amendment in the Code of Conduct to permit the public to make comments Work Session items when recognized by the Mayor. QUESTION BY KEMPERT, seconded by Vitale. Roll call ON QUESTION showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, and Hanson. Nays: Shumway, Weaver, and Paulekas. Absent: None. QUESTION CARRIED. Roll call ON MOTION showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 17. Consideration of future Council work session topics. None. 18. Public Comments on Non-Agenda Items by sign-in requests. Councilor Kempert spoke regarding content of Public Comments, where speakers have become overzealous when addressing their concerns, unduly repetitious, irrelevant, and attacking public officials and staff. First Amendment rights are not absolute during public comment periods of open meetings, and speakers can be silenced if they are disruptive. As a governing body, the Mayor and Council have the right to stop a disruptive speaker. Councilor Pearce thanked Councilor Kempert for bringing information forward concerning public comments, and supported what he had brought forward. Tim Hale had a Public Records Request on the cost of the Gem City Spark which was mailed to the citizens of Laramie, and if there is a state statute as a reason for denial, to please list that statute. Councilor Vitale wanted to restate comments that he had made at the last Regular Meeting, noting that the recording for that night was inaudible during the Public Comments section. He made a formal written request to Jodi (Guerin) to release her resume that was on file. He stated the information he was requesting was not confidential by law: her education and degree, work history, and all certification as it relates to the qualifications for the recreation manager position. City Manager Jordan responded that legally she could not ask an employee to violate his/her own right of privacy, to open up the requested files could expose the City and its taxpayers to a lawsuit with liability in a monetary-damages situation. Along with the City Attorney she has provided Councilor Vitale at least five different legal opinions. She has done what the law says, to comply with the law which is requirement of her position. She is not bound by contract to do the bidding of any single council member, but to do the bidding of ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING May 07, 2013 Page 8 the majority will of this Council. The assessment process for this position lasted a full day, with three or four candidates, with several members that did not work for the City to sit on the interview panel, and at the end of the process Ms. Guerin was selected as the most qualified, committed candidate for the position. She is proud that the City hired Guerin, that as Recreation Manager Guerin will do a great job, will be held to the same standards as every other City employee, and will perform to the standards that the taxpayers expect. 19. Adjournment. MOTION BY HANSON, seconded by Weaver, that Council adjourn. MOTION CARRIED by voice vote. Council adjourned at 10:38 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk