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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING January 15, 2013 Page 1 Regular Meeting of the City Council was called to order by Mayor Paulekas at 6:32 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, Assistant City Manager; Sue Morris-Jones, City Clerk; David Clark, City Attorney; Malea Brown, Administrative Service Director; Paul Harrison, Parks and Recreation Director; Richard Elliott, Public Works Director; Dale Stalder, Police Chief; and Dan Johnson, Fire Chief. 3. Disclosures by City Council Members. 4. Consideration of Changes in Agenda and Setting the Agenda. A. MOTION BY WEAVER, seconded by McKinley, that the following changes to the Agenda be approved: Council add to the January 22, 2013 Work Session: Council Budget, and delete litigation from the Executive Session tonight. MOTION CARRIED by voice vote. B. MOTION BY WEAVER, seconded by Shumway, that the Agenda be set as changed. 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, 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 Special Meeting of January 08, 2013 and Public Hearing of January 08, 2013, and have them placed on file for public inspection. 5B. Cemetery Deeds for January 01-15, 2012. Action: that the Cemetery Deeds for January 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. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING January 15, 2013 Page 2 5C. Traffic Commission Minutes. Action: that Council acknowledge receipt of the Minutes of the Traffic Commission meeting of November 08, 2012, and that the following items be approved as indicated: 1. To approve placement of separate bus and parent vehicle drop offs on Grand Avenue west of Cedar Street, adjacent to the Montessori School; 2. To approve a specifically reserved handicap parking space at 754 North Pine Street; 3. To approve a general handicap parking space at 751 North Pine Street. 5D. Agreement. Action: that Council approve the Agreement for Professional Services between the City of Laramie, Wyoming and Rocky Mountain Power Generation, Inc., for preventative maintenance and service of city owned standby power equipment, in an amount not to exceed $13,000.00, and authorize the Mayor and City Clerk to sign. 5E. Agreement. Action: that Council approve the Agreement for Professional Services between the City of Laramie, Wyoming and Johnson Controls, Inc., for preventative maintenance and service of heating, ventilating and air conditioning equipment within city buildings, in an amount not to exceed $59,976.00, and authorize the Mayor and City Clerk to sign. 5F. Memorandum of Understanding. Action: that Council approve the Memorandum of Understanding between the City of Laramie, Wyoming and the Laramie Plains Civic Center to purchase the City’s pottery and ceramic equipment to provide youth and adult pottery and ceramic class opportunities, and authorize the City Manager to sign. 5G. Grant of Right-of-Way. Action: that Council accept the Grant of Right-of-Way from Skyline Investments, LLC, for future 15th Street to fulfill the stipulations of Enrolled Ordinance No.1580, and authorize the Mayor and City Clerk to sign. 5H. Schedule Meeting: Action: that Council schedule the following meeting(s): 1. Public Hearing, February 05, 2013, 6:30 p.m., Bar & Grill Liquor License Application of Scholl Reece, LLC; 2. Work Session, February 12, 2013, 6:00 p.m., North Laramie Drainage Draft Plan Review; 3. Work Session, February 26, 2013, 6:00 p.m., Landfill Design; 4. Public Hearings, March 26, 2013, 6:00 p.m., renewal of City Liquor Licenses/Permits. 5. Work Session, January 22, 2013, 6:00 p.m., Work Session: Council Budget ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING January 15, 2013 Page 3 REGULAR AGENDA 6. Consideration of Preliminary Plat, Silver Sage Estates Subdivision (Applicant: Prairie View Development, LLC; 58-lots residential; location: SE of Bill Nye Ave and 19th St. Intersection). MOTION BY VITALE, seconded by Henry, that Council approve the Silver Sage Estates Subdivision Preliminary Plat based on findings of fact and conclusions of law, subject to the Planning Commission’s recommended conditions; and grant a specific exception to LMC 15.16.040.D to allow direct access to a Minor Arterial Streets for Proposed Lots 4, 5, 9, 10 and 11, Block 7. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 7. Consideration of City Council Code of Conduct. MOTION BY HANSON, seconded by Shumway, that Council approve the Code of Conduct, including the amendments included therein, to be effective upon adoption by the newly elected Council. MOTION BY HANSON, seconded by Shumway, that Council postpone the Code of conduct to February 5, 2012. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 8. Consideration of Transfer of Ownership Application for RMH Franchise Corporation dba Applebee’s Neighborhood Grill & Bar, Retail Liquor License No. 12. MOTION BY KEMPERT, seconded by Vitale, that Council approve the Application for Transfer of Ownership of Retail Liquor License No. 12, from Concord Neighborhood Corp., dba Applebee’s Neighborhood Grill & Bar, 3209 Grand Avenue to RMH Franchise Corporation, dba Applebee’s Neighborhood Grill & Bar, 3209 Grand Avenue, for the licensing period January 16, 2013 thru May 07, 2013. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: McKinley. Absent: None. MOTION CARRIED. 9. Resolution No. 2013-10, in support of submitting a 2013 Laramie Tourism Board Grant for the 2013 Youth Basketball Tournament, in the amount of $2,000.00. MOTION BY KEMPERT, seconded by Vitale, that Council approve Resolution 2013-10 in support of submitting a 2013 Albany County Tourism Board grant application for the 2013 Laramie youth Basketball Tournament, in the amount of $2,000.00 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. 10. Resolution No. 2013-11, authorizing the application to the Wyoming Community Foundation for a Grant for the purchase of Emergency Medical Equipment – Lucas Device, in the amount of $12,391.00. MOTION BY PEARCE, seconded by Kempert, that Council approves the submittal of an application to the Wyoming Community Foundation (WFC) for the funding of EMS equipment in the amount of $12,391.60. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING January 15, 2013 Page 4 Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 11. Consideration of CDBG Funds Agreement award to complete improvements on Cleveland Street ($174,000.00). MOTION BY MCKINLEY, seconded by Vitale, that Council authorize the receipt of CDBG funds in the amount of $174,000 to complete improvements on Cleveland Street and authorize the Mayor and City Clerk to sign the agreement and authorize a budget amendment. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 12. Original Ordinance No. 1868, to establish low income affordable municipal services rate. Introduction and First Reading. MOTION BY VITALE, seconded by Hanson, that Council approve First Reading of Original Ordinance No. 1868 to amend Enrolled Ordinance 1347 regarding the structure of the City of Laramie’s Low Income Utility Rate Assistance Program. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. Council recessed at 8:00 p.m. Council reconvened at 8:07 p.m. 13. Consideration of Contract between the City of Laramie, Wyoming and TASER, International to provide officer mounted cameras and data storage via Evidence.com. MOTION BY SHUMWAY, seconded by Henry, that Council approve entering into a direct sales agreement with TASER International, who will provide 40 AXOM Flex camera systems and 5000 gigabytes of media storage for a guaranteed cost of $24,072 in year one (calendar year 2013) and $23,988 in year two (calendar year 2014), which is already budgeted, with the expectation that years three through five will be paid for as well, at a cost of $23,998 per year, based on budget approval in those years, and further authorize the City Manager to execute the sales agreement. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 14. 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) Third/Final Reading. MOTION BY WEAVER, seconded by McKinley, that Council approve on third and final reading Ordinance No. 1867, to amend Enrolled Ordinance No. 986, regarding the number of member of the Board of Directors of the Laramie Downtown Development Authority and to amend Enrolled Ordinance No. 1575, expanding the boundaries of downtown district, and authorize the Mayor and City Clerk to sign. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING January 15, 2013 Page 5 Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 15. Resolution No. 2013-12, support for a number of Legislative Issues currently before the Wyoming State Legislature insofar as they have an impact, direct or indirect, on City operations. MOTION BY HANSON, seconded by Kempert, that Council approve Resolution No. 2013-12 to express support for legislative issues currently before the Wyoming State Legislature pertaining to the City of Laramie, and authorize the Mayor and City Clerk to sign. MOTION BY WEAVER, seconded by Shumway, that Council amend the fourth whereas clause, striking the word “including” and replacing with the word “for”. Roll call ON AMENDMENT ON WORD SUBSTITUTION showed Aye: Henry, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: Pearce, McKinley, and Hanson. Absent: None. MOTION CARRIED. MOTION BY HENRY, seconded by Shumway, that Council amend to strike “an” and put “a beneficial” in the title. Roll call ON AMENDMENT TO ADD “BENEFICIAL” showed Aye: Henry, McKinley, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: Pearce, and Hanson. Absent: None. MOTION CARRIED. Roll call ON MOTION AS AMENDED showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: Henry and Pearce. Absent: None. MOTION CARRIED. 16. Consideration of future Council work session topics. None. 17. Public Comments on Non-Agenda Items by sign-in requests. Tim Hale stated that he felt the election of the Mayor violated Wyoming Statute 16-4-401, that any private meeting to discuss how Council would vote on Council positions violated public meeting rules. Kimberly Starkey, 2216 Sky View Lane, wanted to speak on two items: 1) Handout concerning a local property owners’ network, which is the Casper Aquifer Protection Network (CAP Network), what it does and its benefit to the community, and that it is recognized by the Groundwater Federation; and, 2) the Code of Conduct, relating many Council bylaws and the Code of Conduct stating the Council will respect, work in the interest of the public, make the public feel welcome, and cooperate with the public. In the proposed changes, Public Comment will occur after the Council has adjourned, making Public Comments on non-agenda items occur after the meeting, and that while still being recorded for the audio recording, it would no longer be broadcast to the public, and would no longer be part of the official record, which would violate several of the stated goals concerning citizens in pending Council Code of Conduct. Hanson commented that the City of Laramie does coordinate on State Legislative items with other communities though the Wyoming Association of Municipalities. For example, they are watching a bill being introduced that would take away city extraterritorial legislation, the donut authority of the 1 or 5 mile radius surrounding a municipality, which the City of Laramie has used for aquifer protection. Jordan related the bill on extraterritorial legislation was House Bill 85. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING January 15, 2013 Page 6 18. Adjourn to Executive Session regarding personnel. MOTION BY HANSON, seconded by Henry, that Council adjourn to Executive Session regarding personnel. MOTION CARRIED by voice vote. Council adjourned at 9:30 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk