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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 15, 2013 Page 1 Regular Meeting of the City Council was called to order by at 6:37 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; Malea Brown, Administrative Service Director; Randy Hunt, Community Development Director; Paul Harrison, Parks & 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 Shumway, that the following changes to the Agenda be approved: Add Item No. 6A, Consideration of Agreement Regarding the Oversize Improvement Reimbursement Agreement between the City of Laramie, Wyoming and The Pointe Wyo, LLC. granting easement for 30th Street right of Way; Add Item 19A, Consideration of Acceptance of Resignation Letter from Council Member Roger McKinley; Change Item 22, to Recess to Executive Session to discuss Potential Litigation; Add Item No. 23, Consideration of Civil Service Commission Actions; and Item No. 24, Adjournment. MOTION CARRIED by voice vote. B. MOTION BY WEAVER, seconded by Henry, 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 October 01, 2013, and Public Hearings of October 01 and October 08, 2013, and have them placed on file for public inspection. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 15, 2013 Page 2 5B. Cemetery Deeds for October 01-15, 2013. Action: that the Cemetery Deeds for October 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. 5C. Business License. Action: that Council approve the renewals of Pawnbroker Licenses to Cody Westbrook dba Westbrook’s Pawn Shop, LLC, 809 S. 3rd Street, Laramie, Wyoming, for the renewal periods of 09/11/2012 thru 9/10/2013 and 09/11/2013 thru 09/10/2014. 5D. Agreement – Intergovernment. Action: that Council approve the License Agreement between the City of Laramie and Albany County, Wyoming, to install an emergency notification siren within Kiwanis Park and authorize the Mayor and City Clerk to sign. 5E. Schedule Meeting(s): Action: that Council schedule the following meeting(s): 1. Public Hearing, December 10, 2013, 6:00 p.m., Orig. Ord. No. 1876, amending Title 15 of LMC re Tree Area Overlay District standards, 2. Work Session, October 22, 2013, 6:00 p.m., City Council Code of Conduct, 3. Work Session, November 12, 2013, 6:00 p.m., Action Plan-Policy on Vacating/Disposing of Public Property, and, 4. Work Session, November 26, 2013, 6:00 p.m., Building Season & Permit Process Review. REGULAR AGENDA 6. Consideration of Amendment to Employment Contract with the City Manager. MOTION BY HANSON, seconded by Shumway, that Council approve Amendment to the City Manager’s employment contract: the City shall contribute a 457 match up to $10,000 per annum which is payable based on the City Manager’s contribution and continue retention benefits through Fiscal Year 2018. MOTION BY VITALE, seconded by Hanson, that Council to amend 4.09 Retention Benefit: It shall read “The City shall make available a retention benefit to the City Manager in the annual amount of Ten Thousand Dollars ($10,000) per year beginning July 1, 2013, or execution of this amendment, and then annually thereafter for a total period of five years. That annual payment benefit amount shall be paid into a separate interest bearing bank account in the name of the City at the beginning of each fiscal year, on July 1, 2014, July 1, 2015, July 1, 2016, and July 1, 2017. Those funds shall remain the property of the City until such times as each annual benefit has been earned by the City Manager as hereinafter specified.” (This would be paragraph 409.a.) Roll call ON AMENDMENT FOR 4.09.a showed Aye: Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: Henry. Absent: None. MOTION CARRIED. MOTION BY HENRY, seconded by Vitale, that Council amend by striking 4.09.e from the contract. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 15, 2013 Page 3 Roll call ON AMENDMENT STRIKING 4.09.e showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: McKinley and Hanson. Absent: None. MOTION CARRIED. Roll call ON MAIN MOTION AS AMENDED showed Aye: Henry, Pearce, McKinley, Kempert, Hanson, Shumway, Weaver, and Paulekas. Nays: Vitale None. Absent: None. MOTION CARRIED. 6A. Consideration of Agreement Regarding the Oversize Improvement Reimbursement Agreement between the City of Laramie, Wyoming and The Pointe Wyo, LLC. granting easement for 30th Street right of Way. MOTION BY WEAVER, seconded by Kempert, that Council approve the Oversize Public Improvement Reimbursement Agreement between the City of Laramie, Wyoming and The Pointe WYO, LLC: and authorize the Mayor and City Clerk to sign the Agreement. Council recessed at 7:53 p.m. Council reconvened at 8:05 p.m. MOTION BY HANSON, seconded by Henry, that Council amend to add paragraphs 11, 12, 13. And 14 to the contract presented. Roll call ON AMENDMENT TO ADD PARAGRAPHS 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: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 7. Consideration of Application of New Bar and Grill Liquor License to Sushi Boat; LLC, DBA Sushi Boat. MOTION BY PEARCE, seconded by Weaver, that Council approve the Bar and Grill Liquor license to Sushi Boat, LLC. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: McKinley. Absent: None. MOTION CARRIED. 6A. Consideration of Agreement Regarding the Oversize Improvement Reimbursement Agreement between the City of Laramie, Wyoming and The Pointe Wyo, LLC. granting easement for 30th Street right of Way. MOTION BY WEAVER, seconded by Pearce, that Council approve and accept the Grant of Easement to the City of Laramie, Wyoming from The Pointe at WYO, LLC; and authorize the Mayor and City Clerk to sign the Grant of Easement. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 8. Original Ordinance No. 1876, amending Title 15 of the Laramie Municipal Code, amending the Tree Area Overlay District standards. (Introduced by Henry) Second Reading. (Public Hearing: 12/10/2013) ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 15, 2013 Page 4 The City Clerk read Original Ordinance No. 1876 by title only. AN ORDINANCE AMENDING TITLE 15 OF LARAMIE MUNICIPAL CODE AMENDING THE TREE AREA OVERLAY DISTRICT STANDARDS. MOTION BY HENRY, seconded by Hanson, that Council approve Original Ordinance No. 1876 amending Title 15 of the Laramie Municipal Code, amending the Tree Area Overlay District . MOTION BY HENRY, seconded by Pearce, that Council postpone Original Ordinance No. 1876 on Second Reading to January 7, 2014, based on findings of fact and conclusions of law; and to set a Public Hearing for December 10, 2013. Roll call ON POSTPONEMENT showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 9 Original Ordinance No. 1883, approving and authorizing the annexation of approximately 5.36 acres of property locate in unincorporated Albany County, generally located east of the 19th Street and Barratt Street intersection into the boundaries of the City of Laramie, Wyoming (Applicant: Prairie View Development, LLC). (Introduced by Vitale) Second Reading. (Public Hearing: 10/08/2013) The City Clerk read Original Ordinance No. 1883 by title only. AN ORDINANCE APPROVING AND AUTHORIZING THE ANNEXATION OF APPROXIMATELY 5.36 ACRES OF PROPERTY LOCATE IN UNINCORPORATED ALBANY COUNTY, GENERALLY LOCATED EAST OF THE 19TH STREET AND BARRATT STREET INTERSECTION INTO THE BOUNDARIES OF THE CITY OF LARAMIE, WYOMING. MOTION BY VITALE, seconded by Henry, that Council approve Original Ordinance No. 1883 on First Reading, annexing approximately 5.36 acres of property locate in unincorporated Albany County, generally located east of the 19th Street and Barratt Street intersection; based on findings of fact and conclusions of law; Note a Public Hearing was held on October 8, 2013. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 10. Original Ordinance No. 1884, amending the Zoning District Map of the City of Laramie, Wyoming, by establishing R1 (single-family residential) District Zoning for a tract of land approximately 5.36 acres in size generally located east of the 19th Street and Barratt Street intersection. (Introduced by Vitale) Second Reading. (Public Hearing: 10/08/2013) The City Clerk read Original Ordinance No. 1884 by title only. AN ORDINANCE, AMENDING THE ZONING DISTRICT MAP OF THE CITY OF LARAMIE, WYOMING, BY ESTABLISHING R1 (SINGLE-FAMILY RESIDENTIAL) DISTRICT ZONING FOR A TRACT OF LAND APPROXIMATELY 5.36 ACRES IN SIZE GENERALLY LOCATED EAST OF THE 19TH STREET AND BARRATT STREET INTERSECTION. MOTION BY VITALE, seconded by Pearce, that Council approve Original Ordinance No. 1884 on First Reading, establishing R1 (Single-Family Residential) District Zoning for an approximate 5.36 acre area generally located east of the 19th Street and Barratt Street intersection based on findings of fact and conclusions of law; and note a Public Hearing was held on October 8, 2013. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 15, 2013 Page 5 Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 11. Original Ordinance No. 1885, amending Section 13.44 of the Laramie Municipal Code which establishes the water rates for users of municipal water. (Introduced by Vitale) Third/Final Reading. (Public Hearing: 10/01/2013) The City Clerk read Original Ordinance No. 1885 by title only. AN ORDINANCE AMENDING SECTION 13.44 OF THE LARAMIE MUNICIPAL CODE WHICH ESTABLISHES THE WATER RATES FOR USERS OF MUNICIPAL WATER. MOTION BY WEAVER, seconded by Vitale, that Council approve Third and Final Reading of Original Ordinance No. 1885, amending Chapter 13.44 of the Laramie Municipal Code FY 2014 adopted regulate water rate from a 3% increase to a 1 % increase in the City of Laramie, 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. 1886, amending Section 13.48.018 of the Laramie Municipal Code which establishes the wastewater rates for users of municipal water. (Introduced by Vitale) Third/Final Reading. (Public Hearing: 10/01/2013) The City Clerk read Original Ordinance No. 1886 by title only. AN ORDINANCE AMENDING SECTION 13.48.018 OF THE LARAMIE MUNICIPAL CODE WHICH ESTABLISHES THE WASTEWATER RATES FOR USERS OF MUNICIPAL WATER. MOTION BY VITALE, seconded by Pearce, that Council approve Third and Final Reading of Original Ordinance No. 1886, amending Chapter 13.48 of the Laramie Municipal Code FY 2014 a wastewater rate from a 3% increase to a 1 % increase in the City of Laramie, 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. 13. Consideration of Ambulance Bid Award ($158,309.00). MOTION BY MCKINLEY, seconded by Henry, that Council authorize the City to award the bid for the replacement of one Type I ambulance (MS149) to Braun NW Ambulance, in the amount of $150,510.00. Additionally, I move to authorize the City to approve the purchase of additional equipment, in the amount of $7,799.00, for a total project cost of $158,309.00. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 14. Consideration of authorizing Mayor’s signature on a Construction Contract for the South Laramie Water Supply Project. MOTION BY HENRY, seconded by Kempert, that Council approve a Construction Contract for the South Laramie Water Supply Project with Mechanical Systems, Inc., of Cheyenne, WY, in the amount of ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 15, 2013 Page 6 $2,089,187.00, and authorize the Mayor and City Clerk to sign and to amend the FY 2014 budget in the amount of $150,000.00. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 15. Consideration of Service Agreement Between City of Laramie and Laramie Main Street Alliance. MOTION BY WEAVER, seconded by Pearce, that Council approve the Development Services Agreement between the City and the Laramie Main Street Alliance, 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. 16. Consideration of I-80 (Telephone Canyon) Aquifer Protection Monitoring Well Design and Hazardous Spill Detention Pond Design Service Provider Agreement Extension with TriHydro Corporation. MOTION BY VITALE, seconded by Pearce, that Council enter into the contract amendment for 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: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 17. Consideration of Contract for Construction Manager at Risk for Design and Construction Services with Groathouse Construction, Coffey Engineering, and Malone Beltone Able for the LEDC Hi Viz Project. MOTION BY KEMPERT, seconded by Hanson, that Council approve the design contract between the City of Laramie and LEDC, Inc. and Groathouse Construction, Coffey Engineering, and Malone Beltone Abel for the Hi Viz Headquarters Project and authorize the Mayor and City Clerk to sign. MOTION BY VITALE, seconded by Henry, that Council amend the contract to include a 7½ % Architectural Fee not to exceed the guaranteed maximum price for the project construction. Roll call ON ARCHITECTURAL FEE 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. 18. Consideration of Amendment One to the Grant Agreement for the Laramie Downtown Lighting Improvement project with the Wyoming Business Council. MOTION BY HANSON, seconded by Pearce, that Council approve Amendment One to the Grant Agreement for the Laramie Downtown Lighting Improvement project confirming the grant funding of $221,550, extending the completion date of the project to June 30, 2014, and extending the grant agreement expiration to June 30, 2016, and authorize the Mayor and City Clerk to sign. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 15, 2013 Page 7 Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 19. Consideration of purchase of land on the Monolith Ranch. MOTION BY HENRY, seconded by Pearce, that Council approve purchase of 160 acres of land on the Monolith Ranch from Janis Jelinek in the amount of $60,000, amend the FY 2014 budget, and authorize the City Manager to sign the necessary and appropriate documents at closing and complete the transaction. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 19A. Consideration of Acceptance of Resignation Letter from Council Member Roger McKinley MOTION BY HANSON, seconded by Shumway, that the resignation letter of Council Member Roger McKinley be accepted with regret effective 11:59 October 22, 2013, and declare a vacancy of the City Council effective October 23, 2013, and direct staff to advertise the vacancy. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 20. Consideration of future Council work session topics. None. 21. Public Comments on Non-Agenda Items by sign-in requests. None. 22. Recess to Executive Session Regarding Possible Litigation. MOTION BY HANSON, seconded by Shumway, that Council Recess to Executive Session regarding possible litigation MOTION CARRIED by voice vote. Council recessed at 9:24 p.m. Council reconvened at 10:24 p.m. 23. Consideration of Civil Service Commission Actions. MOTION BY HANSON, seconded by Shumway, that Council direct the City Attorney to direct the Civil Service Commission to be in compliance in their decision making with State Statutes. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING October 15, 2013 Page 8 24. Adjournment. MOTION BY HANSON, seconded by Kempert, that Council adjourn. MOTION CARRIED by voice vote. Council adjourned at 10:24 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk