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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING February 05, 2013 Page 1 Regular Meeting of the City Council was called to order by Mayor Paulekas at 6:31 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; Randy Hunt, Community Development Director; and Paul Harrison, Parks and Recreation 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 to the Consent Agenda: 5O. the redesignation of the dispensing room location for Library Liquors, and 5N8. Special Meeting, February 12, 2013, 6:00 p.m., Resolution of Support for Submission of Projects for State Lands for Mineral Royalty Grant Funds; add to the Regular Agenda: 5G moved to 6A., and 5E to 7A. MOTION CARRIED by voice vote. B. MOTION BY WEAVER, seconded by Vitale, 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: McKinley on 5O. 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 January 02, 2013, and January 15, 2013, Special Meetings of January 07, 2013, and January 22, 2013, Public Hearings of January 02, 2013, and January 15, 2013, and have them placed on file for public inspection. 5B. Cemetery Deeds for January 16-31, 2013. Action: that the Cemetery Deeds for January16-31, 2013 be accepted, and the Mayor ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING February 05, 2013 Page 2 and City Clerk be authorized to sign and have them recorded in the Office of the County Clerk. 5C. Vouchers for January 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 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 March. 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 January 09, 2013, and that the following recommendations be approved: 1. To approve the Adopt A Trail Along Greenbelt Park Agreement between the City of Laramie and ACPE Federal Credit Union for general cleanup of a ¼ mile of the Laramie River Greenbelt; 2. To approve the Adopt A Trail Along Greenbelt Park Agreement between the City of Laramie and Laramie Landsculpting for general cleanup of a ¼ mile of the Laramie River Greenbelt; 3. To approve the Adopt A Trail Along Greenbelt Park Agreement between the City of Laramie and Greater Wyoming Big Brothers, Big Sisters for general cleanup of a ¼ mile of the Laramie River Greenbelt; 4. To approve the MOU with Stan Dolega to display “Vedauwoo Modernized” at a new location at 3rd and Boswell Streets. 5E. Moved to 7A. 5F. Minutes. Action: that Council acknowledge receipt of the Minutes of the Traffic Commission meeting of December 13, 2012, and that the following items be approved as indicated: 1. To approve a specifically reserved handicap parking space at 620 Fremont Street. 5G. Moved to 6A 5H. Agreement. Action: that Council approve the Facility Use Agreement with Vicki Cass for personal training within the City’s Recreation Center from February 01, 2013 to December 31, 2013, and authorize the Mayor and City Clerk to sign. 5I. Agreement Amendment. Action: that Council approve Amendment No. 1 to the Professional Services ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING February 05, 2013 Page 3 Agreement between the City of Laramie and WWC Engineering, for the SPT Phase 3 Bid Schedule 2 Project, in the amount of $12,000.00 for a revised total amount not to exceed $93,700.00, and authorize the Mayor and City Clerk to sign. 5J. Agreement. Action: that Council approve the Cooperative Agreement between the City of Laramie, Wyoming and Wyoming Department of Transportation for participation in the Surface Transportation On-System Enhancements Program to install medians, in the amount of $49,011.00, authorize the Mayor and City Clerk to sign, and approve an amendment to the Fiscal Year 2014 City of Laramie Budget. 5K. Agreement. Action: that Council approve the Cooperative Agreement between the City of Laramie, Wyoming and Wyoming Department of Transportation for the Grand Avenue Waterline Replacement Project, Phase 1, 15th Street to 21st Street, in the amount of $149,165.00, and authorize the Mayor and City Clerk to sign. 5L. Bid Award. Action: that Council award the Brine Saturator Tank Project Bid to Lehi Water, LLC, Laramie, Wyoming, in the amount of $84,950.82 plus a contingency of $8,495.00 for a total amount not to exceed $93,445.82, approve the Contract therefore, and authorize the Mayor and City Clerk to sign. 5M. Bid Award. Action: that Council award the Cottonwood Estates Drainage Bid to Six Point Solutions, Laramie, Wyoming, for the installation of a drainage pipeline and swale along Sybille Drive, in the amount of $45,775.00, plus a contingency of $9,155.00 for a total amount not to exceed $54,930.00, approve the Contract therefore, and authorize the Mayor and City Clerk to sign. 5N. Schedule Meeting(s): Action: that Council schedule the following meeting(s): 1. Work Session, February 12, 2013, 6:00 p.m., Laramie Main Street Alliance Bike Rack; 2. Public Hearings, February 19, 2013, 6:30 p.m., Bar & Grill Liquor License Application and Microbrewery Permit Application of Sherlock Investments, LLC; 3. Work Session Jt with Albany County Commissioners, at Albany County Commissioners Chambers, February 20, 2013, 6:00 p.m., Laramie Plains Civic Center Jt. Powers Board; 4. Public Hearing, February 26, 2013, 6:00 p.m., Original Ordinance No. 1869; 5. Public Hearing, March 19, 2013, 6:00 p.m., Original Ordinance No. 1870; 6. Public Hearing, March 19, 2013, 6:00 p.m., Original Ordinance No. 1871; 7. Work Session, March 25, 2013, 6:00 p.m., Community Partners Agencies Presentations; 8. Special Meeting, February 12, 2013, 6:00 p.m., Resolution of Support for ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING February 05, 2013 Page 4 Submission of Projects for State Lands for Mineral Royalty Grant Funds. and, that Council cancel the following meeting: 1. Work Session, March 12, 2013, 6:00 p.m., City Council Updates. 5O. Redesignation of Dispensing Room Action: that Council approve the request of SDR, LLC dba O’Dwyers, Retail Liquor License No. 17, 1622 East Grand Avenue, Laramie, Wyoming, effective February 07, 2013 as follows: dispensing room location is a 33 ft. x 75 ft. room in northwest portion of building. REGULAR AGENDA 6. Consideration of Application for a Bar and Grille Liquor to Scholl Reece, LLC, dba Born in a Barn, 100 E. Ivinson Street. MOTION BY VITALE, seconded by Kempert, that Council approve the Application for Bar & Grill Liquor License No. BG-4, to Scholl Reece, LLC, dba Born in a Barn, 100 E. Ivinson Street, Laramie, Wyoming, for the license term February 06, 2013 thru May 07, 2013, contingent upon receipt of a current food service permit filed with the City Clerk. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: McKinley. Absent: None. MOTION CARRIED. 6A. Professional Services Agreement between the City of Laramie, WY and Orion Planning Group, in an amount not to exceed $39,925.00, and authorize the Mayor and City Clerk to sign. MOTION BY HENRY, seconded by Hanson, that Council approve the Professional Services Agreement with Orion Planning Group, LLC, in an amount not to exceed $46,071.00, and authorize the Mayor and City Clerk to sign the agreement. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Hanson, Shumway, Weaver, and Paulekas. Nays: Vitale. Absent: None. MOTION CARRIED. 7. Consideration of the Bid Award for the Optimist Park Rehabilitation Project. MOTION BY KEMPERT, seconded by Henry, that Council award the bid for the Optimist Park Rehabilitation Project to JC Construction and Design LLC of Laramie, Wyoming, in an amount not to exceed $113,776.00 for the base bid and Alternate A and reserve $32,000.00 for potential project contingencies along with approving the construction contract, 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. 7A. Receipt of the Minutes of the Parks, Trails and Recreation Ad Hoc Advisory Committee meetings of January 09, 2013. MOTION BY HENRY, seconded by Weaver, that Council acknowledge receipt of the minutes from the January 9, 2013 Parks, Trails and Recreation Ad Hoc Committee meeting. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING February 05, 2013 Page 5 Paulekas. Nays: None. Absent: None. MOTION CARRIED. 8. Original Ordinance No. 1869, amending the Zoning District Map of the City of Laramie, Wyoming, by rezoning approximately 2.24 acres of land generally located at the northwest corner of 22nd Street and Grand Avenue from B1 (limited business), B2 (Business) and R3 (multifamily residential) Districts to B2 (business) District. Introduction and First Reading. Public Hearing: 2-26- 2013. The City Clerk read Original Ordinance No. 1869 by title only. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF LARAMIE, WYOMING, BY REZONING APPROXIMATELY 2.24 ACRES OF LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF 22ND STREET AND GRAND AVENUE FROM B1 (LIMITED BUSINESS), B2 (BUSINESS) AND R3 (MULTIFAMILY RESIDENTIAL) DISTRICTS TO B2 (BUSINESS) DISTRICT MOTION BY PEARCE, seconded by Vitale, that Council approve Original Ordinance No. 1869 on First Reading, rezoning approximately 2.24 acres of land generally located at the northwest corner of 22nd Street and Grand Avenue from B1 (limited business), B2 (Business) and R3 (multifamily residential) Districts to B2 (business) District, based on findings of fact and conclusions of law; confirm a public hearing for February 26, 2013; and delay Second Reading until March 5, 2013. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 9. Original Ordinance No. 1870, approving and authorizing the annexation of approximately 2.5 acres of property located in unincorporated Albany County, generally located east of the 19th Street and Barratt Street intersection into the boundaries of the City of Laramie, Wyoming (Owners: Prairie View Development, LLC). Introduction and First Reading. Public Hearing: 3-19-2013. The City Clerk read Original Ordinance No. 1870 by title only. AN ORDINANCE APPROVING AND AUTHORIZING THE ANNEXATION OF APPROXIMATELY 2.5 ACRES OF PROPERTY LOCATED 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 HANSON, seconded by McKinley, that Council approve Original Ordinance No. 1870 on First Reading, annexing approximately 2.5 acres of property located in unincorporated Albany County, generally located east of the 19th Street and Barratt Street intersection based on findings of fact and conclusions of law; setting a public hearing for March 19, 2013; and delay Second Reading until March 19, 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. 1871, 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 2.5 acres in size generally located east of the 19th Street and Barratt Street intersection into the boundaries of the City of Laramie, Wyoming. Introduction and First Reading. Public Hearing: 3-19-2013. The City Clerk read Original Ordinance No. 1871 by title only. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING February 05, 2013 Page 6 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 2.5 ACRES IN SIZE GENERALLY LOCATED EAST OF THE 19TH STREET AND BARRATT STREET. MOTION BY HANSON, seconded by McKinley, that Council approve Original Ordinance No. 1871 on First Reading, establishing R1 (Single-Family Residential) District zoning for an approximately 2.5 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 March 19, 2013; and delay Second Reading until March 19, 2013. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. Council recessed at 7:55 p.m. Council reconvened at 8:05 p.m. 11. Resolution No. 2013-14, in support of submitting an application to the Wyoming Forestry Division of State Lands and Investments for a 2013 Community Forestry Grant Application, in the amount of $5,000.00 for the landscaping of E. Grand Avenue. The City Clerk read Resolution No. 2013-14 by title only. A RESOLUTION IN SUPPORT OF SUBMITTING AN APPLICATION TO THE FORESTRY DIVISION OF THE OFFICE OF STATE LANDS AND INVESTMENTS FOR A 2013 URBAN AND COMMUNITY FORESTRY TREE PLANTING GRANT IN AN AMOUNT NOT TO EXCEED $5,000.00 FOR THE EAST GRAND AVENUE BEAUTIFICATION PROJECT. MOTION BY MCKINLEY, seconded by Hanson, that Council approve Resolution No. 2013-14, authorizing the application for a 2013 Community Forestry Cost-Share Grant from the Forestry Division of the Office of State Lands and Investments, in the amount not to exceed $5,000.00 for the East Grand Avenue Beautification Project, 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. Resolution No. 2013-15, designating recreation project request priorities to the Albany County Recreation Board for funding consideration in Fiscal Year 2014. The City Clerk read Resolution No. 2013-15 by title only. A RESOLUTION DESIGNATING RECREATION PROJECT REQUEST PRIORITIES TO THE ALBANY COUNTY RECREATION BOARD FOR FUNDING CONSIDERATION IN FISCAL YEAR 2014. MOTION BY HANSON, seconded by McKinley, that Council approve Resolution No. 2013-15, designating Recreation Project Request Priorities to the Albany County Recreation Board for funding consideration in Fiscal Year 2014, and authorize the Mayor and City Clerk to sign. MOTION BY KEMPERT, seconded by Vitale, that Council amend to remove Item #16 from the list of priorities. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING February 05, 2013 Page 7 Roll call ON ITEM #16. showed Aye: Henry, Pearce, Kempert, Vitale, and Paulekas. Nays: McKinley, Hanson, Shumway, and Weaver. Absent: None. MOTION CARRIED. MOTION BY PEARCE, seconded by Vitale, that Council amend to add $7,500.00 to the Rifle Range request. Roll call ON RIFLE RANGE showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: Hanson. Absent: None. MOTION CARRIED. Roll call ON MAIN MOTION AS AMENDED showed Aye: Henry, Pearce, McKinley, Kempert, Hanson, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 13. Resolution No. 2013-16, to authorize the City of Laramie to lease with an option to purchase a 2013 Caterpillar 937K 5 Cubic Yd Loader for Solid Waste Division with U.S. Bank. MOTION BY PEARCE, seconded by Shumway, that Council approve Resolution No. 2013-16, to authorize the City of Laramie to lease with an option to purchase a 2013 Caterpillar 937K Wheel Loader for Solid Waste Disposal Division from U.S. Bank, and authorize the Mayor, City Clerk, and City Manager to sign. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 14. Resolution No. 2013-17, declaring vacancies and appointing members to the Planning Commission for the City of Laramie, Wyoming. The City Clerk read Resolution No. 2013-17 by title only. RESOLUTION OF THE LARAMIE CITY COUNCIL DECLARING VACANCIES AND APPOINTING MEMBERS TO THE PLANNING COMMISSION FOR THE CITY OF LARAMIE, WYOMING. MOTION BY VITALE, seconded by Hanson, that Council approve Resolution No. 2013-17, appointing Bob Boysen (reappointment), Nadia Kaliszewski, and Anthony Mendoza to the Planning Commission for a three(3) year term, expiring on October 31, 2015; and appointing Angela Dewolf King to the Planning Commission to fulfill the remainder of a three year term, expiring on October 31, 2014; 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. 15. Original Ordinance No. 1863, amending Title 15 of Laramie Municipal Code creating a Technology and Office Zone District. (Introduced by Vitale) Third/Final Reading. Public Hearing: 01-02-2013. The City Clerk read Original Ordinance No. 1863 by title only. AN ORDINANCE AMENDING TITLE 15 OF LARAMIE MUNICIPAL CODE CREATING A TECHNOLOGY AND OFFICE ZONE DISTRICT. MOTION BY VITALE, seconded by Kempert, that Council approve Original Ordinance No. 1863 on Third and Final Reading, based on findings of fact and conclusions of law, and authorize the Mayor and City Clerk to sign the ordinance. (Motion 1) ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING February 05, 2013 Page 8 MOTION BY HANSON, seconded by Henry, that Council amend 15.08.030.L.2.d.(iv).(a).i as shown in Attachment A to read as follows: “A minimum fifteen (15) foot-wide planting strip with one tree per forty (40) linear feet of lot line.” (Motion 2) Roll call ON MOTION 2 showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. MOTION BY HANSON, seconded by Weaver, that Council amend 15.08.030.L.2.d.(iv).(a).ii as shown in Attachment A to read as follows: “A minimum ten (10) foot-wide planting strip an ornamental metal fence or masonry wall constructed subject to the regulations of section 15.14.100 of this Chapter, with a minimum height of three and one-half feet and a maximum of four feet, combined with a single row of evergreen shrubs planted a minimum of three feet on-center and one tree per one hundred (100) feet of lot line.” (Motion 3) Roll call showed ON MOTION 3 Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. MOTION BY HANSON, seconded by Shumway, that Council amend “as demonstrated on the photometric layout of the site.” (Motion 4) Roll call ON MOTION 4 showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. Roll call ON MAIN MOTION (MOTION 1) AS AMENDED showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: McKinley. Absent: None. MOTION CARRIED. 16. Resolution No. 2012-61, certifying Planning Commission action, regarding amendments to the Future Land Use Map (Map 3.2) of the 2007 Laramie Comprehensive Plan. MOTION BY SHUMWAY, seconded by Henry, that Council approve City Council Resolution No. 2012-61, certifying Planning Commission action amending the Future Land Use Map (Map 3.2) of the 2007 Laramie Comprehensive Plan for property generally located north of City Limits, east of the future extension of 15th Street and west of the future extension of 30th Street, changing the Future Land Use Designation for “Suburban Residential” category to “Suburban Commercial”; and authorize the Mayor and City Clerk to sign the Resolution. Roll call showed Aye: Henry, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: Pearce and McKinley. Absent: None. MOTION CARRIED. 17. Original Ordinance No. 1864, approving and authorizing the annexation of approximately 172 acres of property located in the unincorporated Albany County, generally located north of City limits, east of the future extension of 15th Street and west of the future extension of 30th Street into the boundaries of the City of Laramie, Wyoming. (Introduced by Shumway) Third/Final Reading. Public Hearing: 01-02-2013. The City Clerk read Original Ordinance No. 1864 by title only. AN ORDINANCE APPROVING AND AUTHORIZING THE ANNEXATION OF APPROXIMATELY 172 ACRES OF PROPERTY LOCATED IN THE UNINCORPORATED ALBANY COUNTY, GENERALLY LOCATED NORTH OF CITY LIMITS, EAST OF THE FUTURE EXTENSION OF 15TH STREET AND WEST ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING February 05, 2013 Page 9 OF THE FUTURE EXTENSION OF 30TH STREET INTO THE BOUNDARIES OF THE CITY OF LARAMIE, WYOMING. MOTION BY SHUMWAY, seconded by Kempert, that Council approve Original Ordinance No. 1864 on Third and Final Reading, annexing approximately 172 acres of property located in the unincorporated Albany County, generally located north of City limits, east of the future extension of 15th Street and west of the future extension of 30th Street based on findings of fact and conclusions of law and as recommended by the Planning Commission, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: McKinley. Absent: None. MOTION CARRIED. 18. Original Ordinance No. 1865, amending the Zoning District Map of the City of Laramie, Wyoming, by rezoning approximately 172 acres of property from County Residential to R1 (single- family residential) District, O (open) District and TO (technology and office) District. (Introduced by Shumway) Third/Final Reading. Public Hearing: 01-02-2013. The City Clerk read Original Ordinance No. 1865 by title only. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF LARAMIE, WYOMING, BY REZONING APPROXIMATELY 172 ACRES OF PROPERTY FROM COUNTY RESIDENTIAL TO R1 (SINGLE-FAMILY RESIDENTIAL) DISTRICT, O (OPEN) DISTRICT AND TO (TECHNOLOGY AND OFFICE) DISTRICT. MOTION BY SHUMWAY, seconded by Kempert, that Council approve Original Ordinance No. 1865, on Third and Final Reading, by rezoning approximately 172 acres of property, located in the unincorporated Albany County, generally located north of City limits, east of the future extension of 15th Street and west of the future extension of 30th Street, from County Residential and Exempt to R1 (single-family residential) District, O (open) District and TO (technology and office) District, as illustrated in the Planning Commission staff report and as recommended by the Planning Commission, and authorize the Mayor and City Clerk to sign the ordinance. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: McKinley. Absent: None. MOTION CARRIED. 19. Original Ordinance No. 1868, to establish low income affordable municipal services rate. (Introduced by Vitale) Second Reading. The City Clerk read Original Ordinance No. 1868 by title only. AN ORDINANCE TO ESTABLISH LOW INCOME AFFORDABLE MUNICIPAL SERVICES RATES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LARAMIE MOTION BY VITALE, seconded by Weaver, that Council approve Second 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. MOTION BY SHUMWAY, seconded by Hanson, that Council amend Section 2 of Original Ordinance No. 1868 by inserting a new subsection E. To read “The applicant must not have any delinquent amount associated with his or her municipal services billing account”. Current § E. will become and current ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING February 05, 2013 Page 10 will become Roll call ON AMENDMENT showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. Roll call MAIN MOTION AS AMENDED showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 20. Consideration of Contract for Installation of Pivot on Monolith Ranch. MOTION BY HENRY, seconded by Vitale, that Council approve the contract with P Diamond Irrigation in the amount of $186,549.04 to install a new irrigation pivot on the Monolith Ranch, allocate a reserve of $25,000 for a total of $211,549.04, 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. 21. Consideration of City Council Code of Conduct. MOTION BY HANSON, seconded by Shumway, that Council approve the current version, (dated) February 2013 of the Council Code of Conduct. MOTION BY HENRY, seconded by Hanson, that Council amend (2.10(E).2.b.) that tips of not more than 20% actually given, are to be included and reimbursed. Roll call ON TIPS showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. MOTION BY KEMPERT, seconded by Henry, that Council change Title 2.10(E) from “Meal Reimbursement” to read “Meals and Incidental Expense Reimbursement” and make that same change throughout that section. Roll call ON M&I showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. MOTION BY HANSON, seconded by Vitale, that Council amend Appendix A, Boards and Commissions, A minimum of three members of Council, normally including the Council Liaison to the respective Commission, will interview applicants for the Planning or the Parks, Recreation and Trees Commissions, and two members of Council normally including the Council Liaison to the respective Commission, will interview applicants or incumbents for the remaining boards and commissions, who; these Council members will make recommendations to the full council at the next regular meeting… (the underlined is the new language to be inserted, the strike through would be deleted). Roll call ON APPENDIX A, #6 showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. MOTION BY HANSON, seconded by Vitale, that Council amend Code of Conduct guidelines in the following manner, with strikethroughs to be deleted, and underlined to be added: Section 203 Regular and special meetings, including emergency meetings, shall be recorded form the opening of the meeting to adjournment, and including any input from the public on agenda items and non- ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING February 05, 2013 Page 11 agenda items… Section 4.01 Public Meetings. Making the public feel welcome is an important part of the public process. Handouts for the public on Council meeting procedures and guidelines for addressing City Council as outlined in Appendix B and C, shall be followed. Recognizing that the actions of each Council member impact the public perception of the whole Council, Council members shall strive to treat the public with respect. Before the public input comment period on non agenda items, which shall be conducted at the beginning of each work session held on the 2nd and 4th Tuesdays of each month which shall be televised and occur at the end of each regular Council meeting, no matter as to when the regular meeting concludes, the Chair shall inform those having signed up and wishing to speak that there is normally a five-minute limit on input regarding any item not on the agenda, and that the speakers shall address their comments to the Chair. No speaker form the public shall cede his/her allotted time of five minutes to any other speaker. Public input shall be recorded as a portion of the work session. Appendix B City of Laramie … Council Meeting Procedures (Page 18 of 19) PUBLIC input COMMENT; A member of the general public may address the Council at any regular Council meeting at the end of the regular Council agenda on any matter not appearing on the agenda which is of interest to such person and which is within the jurisdiction of the council at the beginning of each work session held on second (2nd) or fourth (4th) Tuesday of each month … (REST OF THE SECTION UNCHANGED) (Page 18 of 19)ITEMS NOT ON THE CITY COUNCIL AGENDA:(Page 18 of 19)ITEMS NOT ON THE CITY COUNCIL AGENDA: The City Council offers the public an opportunity to bring topics and issues to Council’s attention during the public comment period It is called the “Public Input”. REPLACE REST OF THE PARAGRAPH WITH WORDING FROM SECTION 4.01 ABOVE) Before the public comment period on non- agenda items, which shall be televised and occur at the end of each regular Council meeting, no matter as to when the regular meeting concludes, the Chair shall inform those having signed up and wishing to speak that there is normally a five-minute limit on input regarding any item not on the agenda, and that the speakers shall address their comments to the Chair. No speaker from the public shall cede his/her allotted time of five minutes to any other speaker. MOTION BY VITALE, seconded by Pearce, that Council extend the meeting until 11:00 p.m. MOTION CARRIED by voice vote. MOTION BY SHUMWAY, seconded by Kempert, that Council continue the rest of the Meeting to February 12, 2013 as part of the Special Meeting. Roll call ON CONTINUING MEETING TO FEBRUARY 12 showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 22. Consideration of future Council work session topics. 23. Public Comments on Non-Agenda Items by sign-in requests. None. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING February 05, 2013 Page 12 24. Adjourn to Executive Session regarding personnel. MOTION BY HANSON, seconded by Henry, that Council adjourn to Executive Session. MOTION CARRIED by voice vote. Council adjourned at 11:08 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk