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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING September 03, 2013 Page 1 Regular Meeting of the City Council was called to order by Mayor Paulekas at 6:34 p.m. 1. Pledge of Allegiance. Mayor Paulekas led the Pledge of Allegiance. 2. Roll Call. Roll call showed present: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Absent: Hanson. Staff present: Janine Jordan, City Manager; David Derragon, Asst. City Manager; Sue Morris-Jones, City Clerk; David Clark, City Attorney; Randy Hunt, Community Development Director; Paul Harrison, Parks and Recreation Director; Earl Smith, Public Works Director; and Dale Stalder, Police Chief. 3. Disclosures by City Council Members. None. 4. Consideration of Changes in Agenda and Setting the Agenda. MOTION BY WEAVER, seconded by Henry, that the Agenda be set as submitted. MOTION CARRIED by voice vote. 5. Approval of Consent Agenda. MOTION BY WEAVER, 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: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. CONSENT AGENDA 5A. Minutes of City Council Meetings. Action: that Council approve the Minutes of the City Council Regular Meeting of August 20, 2013, and Public Hearings of August 13, 20, and 27, 2013, and have them placed on file for public inspection. 5B. Cemetery Deeds for August 16-31, 2013. Action: that the Cemetery Deeds for August 16-31, 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. Vouchers for August 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 ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING September 03, 2013 Page 2 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 October. 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 August 14, 2013, and that the following recommendations be approved: 1. To acknowledge receipt of the direct revenue and expense report for the Recreation Division for the winter/spring 2013 program guide season; 2. To approve the Adopt A Trail Agreement between the City of Laramie , WY and the Williams Family, and authorize the City Manager to sign. 5E. Minutes. Action: that Council acknowledge receipt of the Minutes of the Ranch Advisory Committee meeting of May 02, 2013. 5F. Equipment Replacement. Action: that Council authorize the replacement of the Wastewater Treatment Plant blower, amend the Wastewater Treatment Plant Budget, in the amount of $70,000.00, and to amend the FY 2014 City Budget. 5G. Schedule Meeting(s): Action: that Council schedule the following meeting(s): 1. Work Session, September 24, 2013, 6:00 p.m., Turner Tract Draft Plan Presentation; 2. Public Hearing, October 08, 2013, 6:00 p.m., Orig. Ord. No. 1883, annexation; 3. Public Hearing, October 08, 2013, 6:00 p.m., Orig. Ord. No. 1884, amendment to City zoning map to establish R1 zoning for annexation. REGULAR AGENDA 6. Consideration of Amendment No. Two to Construction Contract between the City of Laramie and JC Construction and Design, LLC for Optimist Park Rehabilitation Project. MOTION BY KEMPERT, seconded by Pearce, that Council approve Amendment Number Two for the Optimist Park Redevelopment Project to amend the Original Agreement dated February 5, 2013 with JC Construction and Design LLC to extend the term of contract by twenty-three (23) days and authorize the Mayor and City Clerk to sign. MOTION BY VITALE, seconded by Kempert, that Council amend to extend the contract to 28 days. Roll call ON AMENDMENT showed Aye: Henry, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: Pearce. Absent: Hanson. MOTION CARRIED. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING September 03, 2013 Page 3 Roll call ON MOTION AS AMENDED showed Aye: Henry, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: Pearce. Absent: Hanson. MOTION CARRIED. 7. Resolution No. 2013-57, resolution transferring unexpended appropriation balance from one capital project to another and amending the appropriations for the FY 2014 Budget of the City of Laramie, Wyoming (Indian Ridge Drainage Project). MOTION BY VITALE, seconded by Henry, that Council approve Resolution No. 2013-57 for a transfer from Southgate drainage project to the Indian Ridge 1st Addition for $810,000 and amending an increase in the budget for Indian Ridge 1st Addition from the donated funds from Lindy, LLC totaling $260,000. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 8. Resolution No. 2013-58, appointment of one new member to the Downtown Development Authority Board. MOTION BY WEAVER, seconded by Pearce, that Council approve Resolution No. 2013-58 – to appoint Nicholas Hiraldo to the Downtown Development Authority Board. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 9. Consideration of Application for a Restaurant Liquor License No. 51 to Grand Bazaar, LLC dba Hart’s Table, 111 Grand Avenue, Laramie, WY. MOTION BY PEARCE, seconded by Vitale, that Council approve the Application for a Restaurant Liquor License No. R-51 to Grand Bazaar, LLC dba Hart’s Table, 111 Grand Avenue, Laramie, Wyoming for the licensing period September 04, 2013 thru May 07, 2014, and issue license upon receipt of current Health Food Permit filed with City Clerk. Roll call showed Aye: Henry, Pearce, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: McKinley. Absent: Hanson. MOTION CARRIED. 10. Resolution No. 2013-59, in support of submitting an application to the Wyoming State Parks and Cultural Resources for 2013 Wyoming Cultural Trust Fund Grant for support of the Strategic Public Art Plan for Laramie, in an amount not to exceed $40,000.00. MOTION BY HENRY, seconded by Weaver, that Council approve Resolution No. 2013-59, in support of submitting an application of the Wyoming State Parks and Cultural Resources for a 2013 Wyoming Cultural Trust Fund Grant in an amount of $40,000.00 for support of the Strategic Public Art Plan for Laramie and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 11. Original Ordinance No. 1881, de-annexing approximately 281 acres of property located at 496 Highway 230, commonly known as the Laramie Country Club. (Introduced by Henry) Second Reading. (Public Hearing: 8/27/2013). ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING September 03, 2013 Page 4 MOTION BY HANSON, seconded by Vitale, that Council approve Original Ordinance No. 1881 on Second Reading, de-annexing approximately 281 acres of property located at 496 Highway 230, commonly known as the Laramie Country Club. based on findings of fact and conclusions of law; note a Public Hearing was held August 27, 2013. Roll call showed Aye: Henry, McKinley, Kempert, Vitale, Weaver, and Paulekas. Nays: Pearce and Shumway. Absent: Hanson. MOTION CARRIED. 12. Original Ordinance No. 1882, amending Chapter 10.20 of the Laramie Municipal Code entitled Motor Vehicle Regulation to provide for penalties for failure to use child safety restraint systems and for failure to use safety belts. (Introduced Hanson) Second Reading. MOTION BY PEARCE, seconded by Weaver, that Council approve Original Ordinance No. 1882 on Second Reading, amending Chapter 10.20 of the Laramie Municipal Code entitled Motor Vehicle Regulation to provide for penalties for failure to use child safety restraint systems and for failure to use safety belts. Roll call showed Aye: Pearce, McKinley, Kempert, Shumway, Weaver, and Paulekas. Nays: Henry and Vitale. Absent: Hanson. MOTION CARRIED. 13. 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) Introduction and First 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; set a Public Hearing for October 8, 2013; and delay Second reading until October 15, 2013. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 14. 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. Introduction and First 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. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING September 03, 2013 Page 5 MOTION BY VITALE, seconded by Shumway, 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; set a Public Hearing for October 8, 2013; and delay Second reading until October 15, 2013. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. Council recessed at 7:59 p.m. Council reconvened at 8:05 p.m. 15. Resolution No. 2013-60, in support of submitting an Application to the Wyoming Water Development Commission for grant and loan funds to support the north side tank project. The City Clerk read Resolution No. 2013-60 by title only. RESOLUTION SUPPORTING THE FILING OF AN APPLICATION BY THE CITY OF LARAMIE, WYOMING WITH THE WYOMING WATER DEVELOPMENT COMMISSION (WWDC) FOR A LEVEL III CONSTRUCTION FUNDING IN AN AMOUNT NOT TO EXCEED $4,830,000 FOR THE DEVELOPMENT OF A WATER TANK SERVING NORTH LARAMIE. MOTION BY MCKINLEY, seconded by Henry, that Council approve the Resolution No. 2013-60, in support of submittal of an Application to the Wyoming Water Development Commission for Level III grant and loan funds for the development of a water tank serving North Laramie and to authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 16. Resolution No. 2013-61, in support of submitting an Application to the Wyoming Water Development Commission for grant and loan funds to support the creation of a water development master plan. MOTION BY SHUMWAY, seconded by Pearce, that Council approve the Resolution No. 2013-61, in support of submittal of an Application to the Wyoming Water Development Commission for Level II grant funds to be used to fund the development of an updated Water Management Plan for the City of Laramie, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 17. Resolution No. 2013-62, resolution appointing Tony S. Lopez as Special Prosecutor. MOTION BY HENRY, seconded by Weaver, that Council approve Resolution No. 2013-62, authorizing the appointment of Tony S. Lopez as Special Prosecutor to prosecute a criminal matter in the Laramie Municipal Court effective immediately. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING September 03, 2013 Page 6 Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 18. Consideration of Traffic Safety Prosecutor position grant acceptance. MOTION BY PEARCE, seconded by Henry, that Council approve the acceptance of the grant awarded to the City of Laramie to provide services as the Traffic Safety Resource Prosecutor for the State of Wyoming in the amount of $157,747.85, and authorize the Mayor, City Clerk, and City Attorney to sign and create the contract position of Traffic Safety Resource Prosecutor (TSRP) within the City Attorney’s Office. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 19. Consideration of presentation by Lorene Sims regarding claim. MOTION BY HENRY, seconded by Shumway, that Council bring presentation to the floor for discussion. MOTION CARRIED by voice vote. 20. Consideration of future Council work session topics. Paulekas: Building Permit Process, late fall or early winter. 1. A report on how long the various projects within our building process take to be reviewed and returned to the applicant to receive a building permit. 2. To establish some goals for that department as to what is an appropriate amount of time to have the plans reviewed, to look at the whole process. Vitale: add to Paulekas’ request, how much influence the Cirrus Sky Technology Park had on the Community Development Department, and how much of the Department time is dedicated to it currently, and how it affected the review of plans. Weaver: Public Communication and Outreach, possibly using Open House Formats and the feasibility of the various measures and scheduling those events. 21. Public Comments on Non-Agenda Items by sign-in requests. Tim Hale asked about how some resumes were help confidential, the position at Parks and Recreation, but yet the Public Works Director, Mr. Smith, his resume was out in the open. He queried whether the Council had been informed about the trash compacter that had backed into a citizen’s vehicle, the City employee that was fired an attempted theft out at the landfill, or how the recently purchased scraper for the landfill had been damaged by the compacter 22. Adjourn to Executive Session regarding personnel. MOTION BY MCKINLEY, seconded by Shumway, that Council adjourn to Executive Session regarding personnel. MOTION CARRIED by voice vote. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING September 03, 2013 Page 7 Council adjourned to Executive Session at 9:02 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk