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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING December 04, 2012 Page 1 Regular Meeting of the City Council was called to order by Vice-Mayor McCraken at 6:33 p.m. 1. Pledge of Allegiance. Vice-Mayor McCraken led the Pledge of Allegiance. 2. Roll Call. Roll call showed Present: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Absent: Mullner. 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; Richard Elliot, Public Works 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 PAULEKAS, seconded by Hanson, that the following changes to the Agenda be approved: No. 5K the location to the Vee Bar, and that item No 13 be moved to item 12, and item No. 12 be moved to item 13. MOTION CARRIED by voice vote. B. MOTION BY PAULEKAS, seconded by Vitale, that the Agenda be set as changed. MOTION CARRIED by voice vote. 5. Approval of Consent Agenda. MOTION BY PAULEKAS, 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: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. CONSENT AGENDA 5A. Minutes of City Council Meetings. Action: that Council approve the Minutes of the City Council Regular Meeting of November 20, 2012, and Public Hearing of November 20, 2012, and have them placed on file for public inspection. 5B. Cemetery Deeds for November16-30, 2012. Action: that the Cemetery Deeds for November16-30, 2012 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 December 04, 2012 Page 2 5C. Vouchers for November 2012. 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 January. 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 November 14, 2012, and that the following recommendations be approved: 1. To approve the MOU between the City of Laramie and the University of Wyoming Athletics Department for the 2012 youth basketball program; 2. To approve the request from the Laramie Railroad Depot Association to nominate the “Snow Train” railroad equipment in Railroad Heritage Park, located within Depot Park to the National Register of Historic Places. 5E. Minutes. Action: that Council acknowledge receipt of the Minutes of the Parks, Trails and Recreation Ad Hoc Advisory Committee meetings of November 7, 2012 and November 14, 2012; no recommendations. 5F. Bid Award. Action: that Council award the two All Terrain Vehicles (ATV) Bid to Frontier Cycles, Laramie, Wyoming, in the amount of $$11,388.00 with trade-ins. 5G. Agreement Amendment. Action: that Council approve Amendment No. 1 to the Professional Services Agreement between the City of Laramie, Wyoming and Dowl HKM, Laramie, Wyoming, for the Specific Purpose Tax, Phase 3, Schedule 4 Project Bid, for a total amount not to exceed $24,380.00, to approve the Amendment Agreement therefore, and authorize the Mayor and City Clerk to sign. 5H. Agreement. Action: that Council approve a Mutual Aid Agreement between the City of Laramie Fire Department and South Central Wyoming Emergency Services. 5I 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. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING December 04, 2012 Page 3 5J. Report. Action: that Council accept the Wyoming Department of Transportation, Cheyenne, Wyoming Final Reconnaissance Report of Bill Nye Avenue. 5K. Schedule Meeting(s): Action: that Council schedule the following meeting(s): 1. Special Meeting, January 07, 2013, 6:00 p.m., Oaths of Office, election of Council officers, seating, and selection of Boards and Commission Council positions; 2. Work Session, January 22, 2013, 6:00 p.m., ASUW Presentation; 3. Work Session, January 25, 2013, 1:00 p.m. and January 26, 2013, 9:00 a.m., (Vee Bar). REGULAR AGENDA 6. Re-consideration of Application for Restaurant Liquor License for Driving Force Restaurants, LLC, dba Burger Xtreme. MOTION BY HANSON, seconded by Kempert, that Council approve on re-consideration the Application for Restaurant Liquor License No. R-48, to Driving Force Restaurant Restaurants, LLC dba Burger Xtreme, 204 S. 3rd Street, Laramie, Wyoming, for the licensing period December 05, 2012 thru May 07, 2013. Roll call showed Aye: Paulekas, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: McKinley. Absent: Mullner. MOTION CARRIED. 7. Consideration of Final Plat, Vaquero Subdivision (3 County lots out of 35.11 acres parcel; location: approx. 2.5 miles from Soldier Springs Road/Skyline Road intersection). MOTION BY MOLVAR, seconded by Hanson, that Council approve the Vaquero Subdivision final plat, based on findings of fact and conclusions of law and authorize the Mayor and City Clerk to sign the plat. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. 8. Consideration of Agreement between the City of Laramie and Romsa Cottonwood Estates Homeowners Association for construction of drainage improvements within the Estates property. MOTION BY MCKINLEY, seconded by Molvar, that Council approve the agreement with Romsa Cottonwood Estates Homeowners Association for construction of drainage improvements within the Estates property, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. 9. Resolution No. 2012-68, authorizing the submission of a Grant Application to the National Endowment for the Arts for an “Our Town” Grant, in partnership with the Laramie Beautification Committee, the University of Wyoming Art Museum, and the Laramie Main Street Alliance for a strategic public art plan for the City of Laramie. The City Clerk read Resolution No. 2012-68 by title only. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING December 04, 2012 Page 4 A RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE NATIONAL ENDOWMENT FOR THE ARTS FOR AN “OUR TOWN” GRANT, IN THE AMOUNT OF $50,000, IN PARTNERSHIP WITH THE LARAMIE BEAUTIFICATION COMMITTEE, THE UNIVERSITY OF WYOMING ART MUSEUM, AND THE LARAMIE MAIN STREET ALLIANCE FOR A STRATEGIC PUBLIC ART PLAN FOR THE CITY OF LARAMIE. MOTION BY VITALE, seconded by Molvar, that Council approve Resolution No. 2012-68, authorizing the submission of a Grant Application to the National Endowment for the Arts for an “Our Town” Grant in the amount of $50,000, in partnership with the Laramie Beautification Committee, the University of Wyoming Art Museum, and the Laramie Main Street Alliance for a strategic public art plan for the City of Laramie and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. 10. Resolution No. 2012-69, an amendment to the 2011-2012 Year End City Budget. MOTION BY SHUMWAY, seconded by Kempert, that Council approve Resolution No. 2012-69, to approve an amendment to the 2011-2012 Year End Budget and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. 11. Resolution No. 2012-70, retroactively extending mobile home park recreational vehicle park licenses through July of 2013 to all City Staff to review the mobile home communities, manufactured home communities, travel trailer parks, recreational vehicle parks and campgrounds license processes and requirements. MOTION BY PAULEKAS, seconded by Kempert, that Council approve Resolution No. 2012-70, regarding mobile home park recreational vehicle park licenses directing staff to review the mobile home communities, manufactured home communities, travel trailer parks, recreational vehicle parks and campgrounds license processes and requirements, strike the word “morale” fourth whereas paragraph, and authorize the Mayor and City Clerk to sign the resolution. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. 12. Original Ordinance No. 1866, establishing Chapter 13.54 of the Laramie Municipal Code entitled Solid Waste – General. Introduction and First Reading. MOTION BY MOLVAR, seconded by Kempert, that Council approve Original Ordinance No. 1866, creating Chapter 13.54, Solid Waste – General, and the sections 010 purpose, 020 Prohibited Activities, 030 Exceptions, and 040 Penalties, concerning the flow control of solid waste on First Reading. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Shumway, and McCraken. Nays: Vitale and Hanson. Absent: Mullner. MOTION CARRIED. Council recessed at 8:30 p.m. Council reconvened at 8:42 p.m. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING December 04, 2012 Page 5 13. 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. MOTION BY HANSON, seconded by Shumway, 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 Vitale, that Council amend to substitute the collection rates chart in section 13.IV.62.060, Collection Rate Schedule for City Provided Receptacles, for the rate chart provided in our cover sheet, which has the fees associated with city collection of commercial account waste to align with the actual cost of service. QUESTION BY PAULEKAS, seconded by Shumway. Roll call ON QUESTION showed Aye: Paulekas, McKinley, Kempert, and Shumway. Nays: Molvar, Vitale, Hanson, and McCraken. Absent: Mullner. QUESTION FAILED. Roll call ON AMENDMENT showed Aye: Molvar. Nays: Paulekas, McKinley, Kempert, Vitale, Hanson, Shumway, and McCraken. Absent: Mullner. MOTION FAILED. MOTION BY PAULEKAS, seconded by Vitale, that Council postpone Second Reading to December 18, 2012 Regular Meeting. Roll call ON POSTPONEMENT showed Aye: Paulekas, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: McKinley and Kempert. Absent: Mullner. 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. Introduction and First Reading. The City Clerk read Original Ordinance No. 1867 by title only. AN ORDINANCE 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. MOTION BY PAULEKAS, seconded by Vitale, that Council approve on first 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. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. 15. Consideration of 2012 Specific Purpose Tax, Phase 4, Schedule 1 Project Bid ($238,211.00). MOTION BY KEMPERT, seconded by Paulekas, that Council award the Specific Purpose Tax Phase 4 Bid Schedule 1 Project bid to Domino Construction, Laramie, WY, in the amount of $216,556.00, plus a ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING December 04, 2012 Page 6 contingency of $21,655.00 for a total amount not to exceed $238,211.00, to approve the contract therefore, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. 16. Consideration of Award for Internet Services RFP ($65,400.00). MOTION BY VITALE, seconded by Molvar, that Council accept the Internet Services Request for Proposal from Mountain West Telephone, Casper, WY, in the amount of $65,400.00 (over 3 years) and enter into a three year agreement and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Paulekas, McKinley, Kempert, Molvar, Vitale, Hanson, Shumway, and McCraken. Nays: None. Absent: Mullner. MOTION CARRIED. 17. Consideration of Voting Delegates for the 2013 WAM Winter Workshop Business Meeting. MOTION BY PAULEKAS, seconded by Vitale, that Council appoint Councilor Hanson as the Official Voting Delegate and Councilor Shumway as the Official Alternate Voting Delegate for the 2013 WAM Winter Workshop Business Meeting. 18. Consideration of future Council work session topics. MOTION BY MOLVAR, seconded by Vitale, that a Work Session on Original Ordinance 1862, be held December 11, 2012. Roll call showed Aye: Molvar and Vitale. Nays: Paulekas, McKinley, Kempert, Hanson, Shumway, and McCraken. Absent: Mullner. MOTION FAILED. 19. Public Comments on Non-Agenda Items by sign-in requests. None. 20. Adjournment. MOTION BY HANSON, seconded by Vitale, that Council adjourn. MOTION CARRIED by voice vote. Council adjourned at 10:32 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk