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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING December 18, 2012 Page 1 Regular Meeting of the City Council was called to order by Mayor Mullner at 6:30 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; Malea Brown, Administrative Service Director; Randy Hunt, Community Development Director; Paul Harrison, Parks and Recreation Director; and Dale Stalder, Police Chief. 3. Disclosures by City Council Members. None 4. Consideration of Changes in Agenda and Setting the Agenda. A. MOTION BY MCCRAKEN, seconded by Molvar, that the following changes to the Agenda be approved: Delete Item No. 20, Code of Conduct. MOTION CARRIED by voice vote. B. MOTION BY MCCRAKEN, seconded by Shumway, that the Agenda be set as changed. 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 December 04, 2012, Public Hearings of December 4 and December 11, 2012, and have them placed on file for public inspection. 5B. Cemetery Deeds for December 01-15, 2012. Action: that the Cemetery Deeds for December 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. Minutes. Action: that Council acknowledge receipt of the Minutes of the November 28, 2012 Meeting ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING December 18, 2012 Page 2 of the Parks, Trails and Recreation Master Plan Ad Hoc Advisory Committee. 5D. Minutes. Action: that Council acknowledge receipt of the Minutes of the August 16, 2012 Meeting of the Ranch Advisory Committee. 5E. MOU. Action: that Council approve Memorandum of Understanding between the City of Laramie, WY and Albany County School District No. 1 for the School Resource Officers with the payment of $130,000.00 for the school year 2012-2013, amend the Fiscal Year 2012-13 Budget, and authorize the Mayor and City Clerk to sign. 5F. Grant Award. Action: that Council accept a Grant Award from the State of Wyoming Office of Homeland Security (WOHS) for Law Enforcement Terrorism Prevention Activities (LETPA), in the amount of $16,126.87 (CFDA #97.067), and authorize the Mayor and Chief of Police to sign the agreement between the Laramie Police Department and the Wyoming Office of Homeland Security. 5G. Grant Award. Action: that Council accept the Wal-Mart Local Giving Grant Award to direct the funds to be used toward educational activities and collection of recyclables in Laramie schools, in the amount of $5,000.00, and to authorize the budget amendment to the Solid Waste Fund Budget. 5H. Easement. Action: that Council accept the Grant of Easement from the Wyoming Board of Land Commissioners for the construction, use and maintenance of the Laramie Transmission Pipeline. 5I. Resignation Letter. Action: that Council accept the Resignation Letter of Vicki Henry from the Planning Commission, effective 12/11/2012. 5J. Resignation Letter. Action: that Council accept the Resignation Letter of Paul Weaver from the Planning Commission, effective immediately. 5K. Schedule Meeting: Action: that Council schedule the following meeting(s): 1. Public Hearing, January 02, 2013, 6:30 p.m., Original Ordinance No. 1866. REGULAR AGENDA 6. Resolution No. 2012-71, authorizing City of Laramie to Lease with Option to Purchase Agreement between City and Security First Bank for a 2013 Freightliner 114” SD Dump Truck for Wastewater Collection Division ($139,032.00). MOTION BY MCKINLEY, seconded by Shumway, that Council approve Resolution No. 2012-71, to authorize the City of Laramie to lease with option to purchase a 2013 Freightliner 114” SD Dump Truck for Wastewater Collection Division from Security First Bank of Cheyenne, Wyoming. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING December 18, 2012 Page 3 Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, McCraken, and Mullner. Nays: None. Absent: None. MOTION CARRIED. 7. Resolution No. 2012-72, transferring unencumbered or unexpended appropriations balance from one fund to another and amending the appropriations for the Mid-Year 2012-2014 Budgets of the City of Laramie, Wyoming. The City Clerk read Resolution No. 2012-72 by title only. MOTION BY SHUMWAY, seconded by Hanson, that Council approve Resolution No. 2012-72, to approve an amendment to the 2012-2014 biennial budget. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, McCraken, and Mullner. Nays: None. Absent: None. MOTION CARRIED. 8. Resolution No. 2012-73, to appoint members to the Traffic Commission, City of Laramie, Wyoming. MOTION BY PAULEKAS, seconded by Shumway, that Council approve Resolution 2012-73, appointing Rhonda K. Young and Gary Lopez to the Traffic Commission for a three year term each, expiring on October 31, 2015, and appointing Megan L. Hays and Phillip J. LeBeau to the Traffic Commission to fulfill terms expiring October 31, 2013; 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. 9. Resolution No. 2012-74, to appoint members to the Parks, Tree and Recreation Advisory Board, City of Laramie, Wyoming. MOTION BY KEMPERT, seconded by Vitale, that Council approve Resolution 2012-74 declaring that four vacancies exist on the Parks, Tree, and Recreation Advisory Board and that Steve Ropp, Amy Williamson, and Jacque Stonum be appointed to fill three of the vacancies on the Parks, Tree and Recreation Advisory Board for terms expiring on December 31, 2015, and that Mary Alice Snyder be appointed to fill the vacant term expiring on December 31, 2013, 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 Professional Services Agreement between the City of Laramie and Wester Wetstein & Associates, Inc., for Specific Purpose Tax Phase 4 - Bid Schedule 2 Project ($104,192.00). MOTION BY VITALE, seconded by Molvar, that Council approve the Professional Services Agreement between the City of Laramie and Wester-Westein & Associates, Inc., WY, for the Specific Purpose Tax Phase 4 – Bid Schedule 2 Project in the amount of $94,720.00 plus $9,472.00 contingency for a total amount not to exceed $104,192.00, 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. 11. Consideration of Professional Services Agreement between the City of Laramie and Farnsworth Group, Inc., for Specific Purpose Tax Phase 4 – Bid Schedule 3 Project ($105,948.00). ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING December 18, 2012 Page 4 MOTION BY VITALE, seconded by Molvar, that Council approve the Professional Services Agreement between the City of Laramie and Farnsworth Group, Inc., Ft. Collins, CO, for the Specific Purpose Tax Phase 4 – Bid Schedule 3 Project in the amount of $96,316.00 plus $9,632.00 contingency for a total amount not to exceed $105,948.00, 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. 12. Consideration of Professional Services Agreement between the City of Laramie and Coffey Engineering and Surveying, for Specific Purpose Tax Phase 4 – Bid Schedule 4 Project ($125,678.00). MOTION BY Vitale, seconded by McCraken, that Council approve the Professional Services Agreement between the City of Laramie and Coffey Engineering and Surveying, Laramie, WY, for the Specific Purpose Tax Phase 4 – Bid Schedule 4 Project in the amount of $114,252.00 plus $11,426.00 contingency for a total amount not to exceed $125,678.00, 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. 13. Consideration of Professional Services Agreement between the City of Laramie and Farnsworth Group, Inc., for Specific Purpose Tax Phase 4 – Bid Schedule 5 Project ($129,180.00). MOTION BY VITALE, seconded by Kempert, that Council approve the Professional Services Agreement between the City of Laramie and Farnsworth Group, Inc., Ft. Collins, CO, for the Specific Purpose Tax Phase 4 – Bid Schedule 5 Project in the amount of $117,436.00 plus $11,744.00 contingency for a total amount not to exceed $129,180.00, 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. 14. Consideration of Professional Services Agreement between the City of Laramie and AMEC Environmental & Infrastructure, Inc., for Specific Purpose Tax Phase 4 – Bid Schedule 6 Project ($171,308.00). MOTION BY VITALE, seconded by Shumway, that Council approve the Professional Services Agreement between the City of Laramie and AMEC Environmental & Infrastructure, Inc., Laramie, WY for the Specific Purpose Tax Phase 4 – Bid Schedule 6 Project in the amount of $155,735.00 plus $15,573.00 contingency for a total amount not to exceed $171,308.00, 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. 15. Original Ordinance No. 1861, an ordinance of the City Council for the City of Laramie, Wyoming vacating the entirety of the alley located within Block 130 of the Union Pacific Railway Company’s Second Addition. (Introduced by Paulekas) Second Reading. Public Hearing: 12-11- 2012. The City Clerk’s Assistant read Original Ordinance No. 1861 by title only. AN ORDINANCE OF THE CITY COUNCIL FOR CITY OF LARAMIE, WYOMING VACATING THE ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING December 18, 2012 Page 5 ENTIRETY OF THE ALLEY LOCATED WITHIN BLOCK 130 OF THE UNION PACIFIC RAILWAY COMPANY’S SECOND ADDITION. MOTION BY PAULEKAS, seconded by Molvar, that Council approve Original Ordinance No. 1861 on Second Reading, vacating the entirety of the north-south alley located within Block 130 of the Union Pacific Railway Company’s Second Addition, generally located between Bradley and Lewis Streets and between 10th and 11th Streets, based on findings of fact and conclusions of law, and note a Public Hearing was held on December 11, 2012. MOTION BY MOLVAR, seconded by McCraken, that Council amend the first whereas to change Block 183 to read Block 130, and change the final whereas from shall hold to held. Roll call ON SCRIVENER’S ERROR CORRECTION showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, McCraken, and Mullner. Nays: None. Absent: None. MOTION CARRIED. MOTION BY PAULEKAS, seconded by Hanson, that the right of the City to be compensated for the value of the lands herein vacated as consideration for the vacation shall be and is hereby waived. QUESTION CALLED BY VITALE, seconded by Kempert. Roll call ON QUESTION showed Aye: Paulekas, McKinley, Kempert, Vitale, Hanson, Shumway, McCraken, and Mullner. Nays: Molvar. Absent: None. QUESTION CARRIED. Roll call ON WAIVING CONSIDERATION AMENDMENT showed Aye: Paulekas, Kempert, Vitale, Hanson, and McCraken. Nays: McKinley, Molvar, Shumway, and Mullner. Absent: None. MOTION CARRIED. MOTION BY MOLVAR, seconded by Shumway, that Council amend to substitute a new Section 4 that would read “that the applicant shall provide $30,000.00 non-cash consideration for the appraised value prior to the Mayor and City Clerk executing the Quit Claim Deed”. Roll call ON NON CASH CONSIDERATION AMENDMENT showed Aye: Molvar, Hanson, and Shumway. Nays: Paulekas, McKinley, Kempert, Vitale, McCraken, and Mullner. Absent: None. MOTION FAILED. Roll call ON MOTION AS AMENDED showed Aye: Paulekas, McKinley, Kempert, Vitale, Hanson, Shumway, and McCraken. Nays: Molvar and Mullner. Absent: None. MOTION CARRIED. Council recessed at 8:22 p.m. Council reconvened at 8:34 p.m. 16. Original Ordinance No. 1866, establishing Chapter 13.54 of the Laramie Municipal Code entitled Solid Waste – General. (Introduced by Molvar) Second Reading. The City Clerk read Original Ordinance No. 1866 by title only. AN ORDINANCE ESTABLISHING CHAPTER 13.54 OF THE MUNICIPAL CODE ENTITLED SOLID WASTE – GENERAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LARAMIE, WYOMING. MOTION BY MOLVAR, seconded by McKinley, that Council approve Original Ordinance No.1866, creating Chapter 13-54, Solid Waste – General, and the Sections 010 Purpose, 020 Prohibited Activities, 030 ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING December 18, 2012 Page 6 Exceptions and 040 Penalties, concerning the flow control of solid waste on Second Reading. QUESTION CALLED BY MOLVAR, seconded by Shumway. Roll call ON QUESTION showed Aye: Paulekas, McKinley, Kempert, Molvar, Hanson, Shumway, McCraken, and Mullner. Nays: Vitale. Absent: None. QUESTION CARRIED. Roll call ON MOTION showed Aye: Paulekas, McKinley, Kempert, Molvar, Hanson, Shumway, McCraken, and Mullner. Nays: Vitale. Absent: None. MOTION CARRIED. 17. Original Ordinance No. 1862, amending Title 13, Division IV, Chapter 62 of Laramie Municipal Code to regulate Solid Waste Fees in the City of Laramie. (Introduced by Hanson) Second Reading. Public Hearing: 12-11-2012. The City Clerk read Original Ordinance No. 1862 by title only. AN ORDINANCE AMENDING TITLE 13, DIVISION IV, CHAPTER 62 OF THE LARAMIE MUNICIPAL CODE TO REGULATE SOLID WASTE FEES IN THE CITY OF LARAMIE. MOTION BY HANSON, seconded by McKinley, that Council approve Second Reading of Original Ordinance No. 1862, amending Title 13, Division IV, Chapter 62 of the Laramie Municipal Code to modify solid waste fees. MOTION BY MOLVAR, seconded by McKinley, that Council amend Section 13.IV.62.040 Collection Fees – Non-Single Kitchen Units or Businesses, added to the end of the first paragraph would be the following language: “In the event that an owner elects to have fewer receptacles placed by the City than the total number of kitchen units present, he shall notify the City Manager of such election on the form to be provided, include all requested information and sign such form. The number of receptacles may be reduced by not more than one from the number of kitchen units present, so long as the receptacles present are not filled to overflowing repeatedly. The fee for City provided receptacles shall not be collected for the receptacle not placed at the owner’s request. If the receptacles present, or any of them are repeatedly found to be overflowing the owner shall be notified of the fact, and the owner shall be liable for the additional fee. MOTION BY HANSON, seconded by Molvar, that Council extend the meeting. Roll call showed Aye: Molvar, Hanson, and McCraken. Nays: Paulekas, McKinley, Kemper, Vitale, Shumway, and Mullner. Absent: None. MOTION FAILED. 18. Original Ordinance No. 1862, amending Title 13, Division IV, Chapter 62 of Laramie Municipal Code to regulate Solid Waste Fees in the City of Laramie. (Introduced by Hanson) Third/Final Reading. Public Hearing: 12-11-2012. 19. Original Ordinance No. 1867, to amend Enrolled Ordinance No. 986, regarding the Board of Directors, appointment, term of office, vacancies and rules of the Laramie Downtown Development Authority and Enrolled Ordinance No. 1575, regarding the District boundary of the Laramie Downtown Development Authority. (Introduced by Paulekas) Second Reading. 20. Consideration of future Council work session topics. 21. Public Comments on Non-Agenda Items by sign-in requests. None. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING December 18, 2012 Page 7 22. Adjourn to Executive Session regarding personnel. MOTION BY HANSON, seconded by Molvar, that Council adjourn to Executive Session regarding personnel. MOTION CARRIED by voice vote. Respectfully submitted, Sue Morris-Jones, MMC City Clerk