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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 05, 2013 Page 1 Regular Meeting of the City Council was called to order by Mayor Paulekas at 6:30 p.m. 1. Pledge of Allegiance. Mayor Paulekas led the Pledge of Allegiance 2. Roll Call. Roll call showed present: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Absent: None. Staff present: Janine Jordan, City Manager; David Derragon, Asst. City Manager; Sue Morris-Jones, City Clerk; David Clark, City Attorney; Malea Brown, Administrative Service Director; Randy Hunt, Community Development Director; Paul Harrison, Parks & Recreation Director, and Earl Smith, Public Works 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: Delete Consent Agenda items 5J2 & Work Session, December 10, 2013, 6:00 p.m., Discussion of Harney Viaduct Preliminary Design; Add Consent Agenda item 5J2: Work Session, January 28, 2013, 6:00 p.m., with the University of Wyoming President. MOTION CARRIED by voice vote. B. MOTION BY WEAVER, seconded by Henry, that the Agenda be set as changed. MOTION CARRIED by voice vote. 5. Approval of Consent Agenda. MOTION BY WEAVER, seconded by Henry, 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, 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 Regular Meeting of October 15, 2013, Special Meeting of October 22, 2013, and Public hearing of October 15, 2013, and have them placed on file for public inspection. 5B. Cemetery Deeds for October 16-31, 2013. Action: that the Cemetery Deeds for October 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. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 05, 2013 Page 2 5C. Vouchers for October 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 December. 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 October 09, 2013, and that the following recommendations be approved: 1. To acknowledge receipt of the 2013 Community Service Day Report; 2. To acknowledge receipt of the Recreation Center and the Ice & Event Center cost recovery analysis; 3. To acknowledge receipt of the 2013 Arts in the Park Report; 4. To approve the Facility Use Agreement between the City of Laramie and the University of Wyoming for usage of the Ice & Event Center during the 2013-14 hockey season, and authorize the City Manager to sign; 5. To approve the Security Services Agreement between the University of Wyoming and the City of Laramie for the 2013-14 hockey season, and authorize the City Manager to sign. 5E. Bid Award. Action: that Council award the 6,000 Pound GVW 4x4 Pickup Bid 2013 to Greiner Motors, Casper, WY in the amount of $24,698.00, with trade-in. 5F. MOU. Action: that Council approve the Memorandum of Understanding between the City of Laramie and the Hurwitz Family to donate the Midwest Trunk and Sporting Goods Clock, and authorize the Mayor and City Clerk to sign. 5G. MOU. Action: that Council approve the Memorandum of Understanding between the City of Laramie and the University of Wyoming Athletics Department for the Junior Cowboys and Junior Cowgirls youth basketball program, and authorize the Mayor and City Clerk to sign. 5H. Lease Agreement. Action: that Council approve the Lease Agreement between the City of Laramie and Four Enterprises, Inc., for .38 acres of property along the Laramie River Greenbelt Park for a two year period, and authorize the Mayor and City Clerk to sign. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 05, 2013 Page 3 5I. Business License. Action: that Council approve the renewal of Pawnbroker License to FCFS, Inc., dba Mister Money, 570 N. 3rd Street, Suite C, Laramie, Wyoming, for the renewal period of 06/19/2013 thru 6/18/2014. 5J. Schedule Meeting(s): Action: that Council schedule the following meeting(s): 1. Work Session, November 12, 2013, 6:00 p.m., Procedure for filling City Council member vacancy; 2. Work Session, January 28, 2013, 6:00 p.m., with the University of Wyoming President that Council cancel the following meeting(s): 1. All work sessions, December 24, 2013. REGULAR AGENDA 6. Consideration of Resolution No. 2013-75, designating options of outside legal representation for administrative matters and for boards and commissions of the City of Laramie, Wyoming. MOTION BY WEAVER, seconded by Pearce, that Council approve Resolution No. 2013-75, designating options of outside legal representation for administrative matters, and for Boards and Commissions, and authorize the Mayor and City Clerk to sign. MOTION BY WEAVER, seconded by Shumway, that Council amend, in Section 1, on page 2, insert the word “temporarily” before the word establish. Roll call ON TEMPORARY showed Aye: Pearce, Kempert, Shumway, Weaver, and Paulekas. Nays: Henry, Vitale, and Hanson. Absent: None. MOTION CARRIED. MOTION BY SHUMWAY, seconded by Weaver, that Council amend, to insert three words in Section 1, after the words “Temporarily establish” insert “at least four” and change “representation” to “representative”. Roll call ON AT LEAST FOUR showed Aye: Pearce, Kempert, Shumway, and Weaver. Nays: Henry, Vitale, Hanson, and Paulekas. Absent: None. MOTION FAILED. Roll call ON MAIN MOTION AS AMENDED showed Aye: Pearce, Henry, Shumway, and Weaver. Nays: Kempert, Vitale, Hanson, and Paulekas. Absent: None. MOTION FAILED. 7. Consideration of Restaurant Liquor License Application of Cripple Creek Grill, LLC. MOTION BY PEARCE, seconded by Kempert, that Council approve the Application for Restaurant Liquor License No. R-52, to Cripple Creek Grill, LLC dba Cripple Creek Grill, 207 S. 3rd Street, Laramie, Wyoming, for the licensing period November 06, 2013 thru May 07, 2014. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 8. 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 ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 05, 2013 Page 4 Street & Barratt Street intersection into the boundaries of the City of Laramie, WY (Applicant: Prairie View Development, LLC). (Introduced by Vitale) Third/Final Reading. (Public Hearing: 10/08/13) 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 LOCATED IN UNINCORPORATED ALBANY COUNTY, GENERALLY LOCATED EAST OF THE 19TH STREET & BARRATT STREET INTERSECTION INTO THE BOUNDARIES OF THE CITY OF LARAMIE, WYOMING. MOTION BY VITALE, seconded by Pearce, that Council approve Original Ordinance No. 1883 on Third and Final Reading, annexing approximately 5.36 acres of property located in unincorporated Albany County, generally located east of the 19th Street & Barratt Street intersection; based on findings of fact and conclusions of law; and authorize the Mayor and City Clerk to sign the Ordinance. MOTION BY VITALE, seconded by Pearce, that Council postpone to February 18, 2014. Roll call ON POSTPONEMENT showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 9. 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. (Introduced by Vitale) Third/Final 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. MOTION BY VITALE, seconded by Pearce, that Council approve Original Ordinance No. 1884 on Third and Final 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; and authorize the Mayor and City Clerk to sign. MOTION BY VITALE, seconded by Weaver, that Council postpone at the request of the applicant to February 18, 2014. Roll call ON POSTPONEMENT showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 10. Consideration of Amendment to Conditions of Approval for the Silver Sage Estates Subdivision Preliminary Plat. MOTION BY VITALE, seconded by Kempert, that Council amend condition 4.a to read as follows: “Prior to issuance of any building permit, excluding a foundation only permit, within the subdivision and more the 400’ from a functional fire hydrant (as a fire hose lies along an approved fire access road) and prior to issuance of an Certificate of Occupancy within the subdivision; all offsite and onsite water improvements that provide service to the subdivision (including the South of Laramie Waterline Project) shall be constructed. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 05, 2013 Page 5 Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 11. Resolution No. 2013-76, authorizing an additional one half FTE (Full Time Equivalent) position authorization for the current part time benefitted administrative assistant with no net funding increase. MOTION BY SHUMWAY, seconded by Pearce, that Council approve Resolution No. 2013-76, authorizing an additional one half FTE (Full Time Equivalent) position authorization for the current part time benefitted administrative assistant position, along with authorizing a budget transfer between $20,000 - $24,000 from Administrative Services and City Manager budgets and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 12. Resolution No. 2013-77, to accept the donation of a series of new, artistic and functional bike racks from the Laramie Main Street Alliance. MOTION BY WEAVER, seconded by Kempert, that Council approve Resolution No. 2013-77 accepting the donation of up to 120 new, artistic, functional bike racks for the Downtown Development Authority District by the Laramie Main Street Alliance Bike Rack Committee, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 13. Resolution No. 2013-78, certifying Planning Commission action, regarding adoption of the Turner Tract Area Plan Update 2013. The City Clerk read Resolution No. 2013-78 by title only. RESOLUTION OF THE LARAMIE CITY COUNCIL CERTIFYING PLANNING COMMISSION ACTION, REGARDING ADOPTION OF THE TURNER TRACT AREA PLAN UPDATE 2013. MOTION BY HENRY, seconded by Hanson, that Council approve Resolution No. 2013-78, certifying Planning Commission action, approving the Turner Tract Area Plan 2013, and authorize the Mayor and City Clerk to sign the resolution. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. Council recessed at 7:56 p.m. Council reconvened at 8:07 p.m. 14. Consideration of concurrence of Bid Award by WYDOT for the Grand Avenue Improvement Project (15th to 21st Sts.). MOTION BY KEMPERT, seconded by Weaver, that Council approve an award of bid by WYDOT for the Grand Avenue Improvement Project (15th to 21st) as provided in Amendment Number One to the Cooperative Agreement between WYDOT and the City of Laramie and therefore amend the FY 2014 budget ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 05, 2013 Page 6 by $46,796. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 15. Consideration of Professional Services Agreement for design of South Laramie Sewer Line Project ($286,363.00). MOTION BY HENRY, seconded by Kempert, that Council approve a Professional Services Agreement with AMEC Environment and Infrastructure, Inc., Laramie, WY, for design of South Laramie Sewer Line Project in the amount of $353,867.00 plus a contingency of $30,000.00 for total amount not to exceed $383,867.00, and authorize the Mayor and City Clerk to sign. QUESTION CALLED BY KEMPERT, seconded by Pearce. Roll call ON QUESTION showed Aye: Henry, Pearce, Kempert, Hanson, Weaver, and Paulekas. Nays: Vitale and Shumway None. Absent: None. QUESTION CARRIED. Roll call ON MOTION showed Aye: Henry, Pearce, Kempert, Hanson, Shumway, Weaver, and Paulekas. Nays: Vitale. Absent: None. MOTION CARRIED. 16. Resolution No. 2013-79, appointing one member to the Laramie Regional Airport Joint Power Board. MOTION BY SHUMWAY, seconded by Henry, that Council approve Resolution No. 2013-79 appointing E.G. “Gerry” Mayer to the Laramie Regional Airport Joint Power Board, Term ending December 31, 2013, and an Ex Officio is Joseph Costello to the Laramie Regional Airport Joint Power Board, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 17. Resolution No. 2013-80, appointing members to the Laramie Plains Civic Center Joint Powers Board. MOTION BY WEAVER, seconded by Kempert, that Council approve Resolution 2013-80, appointing Pat Gabriel and Sarah Hintz for terms expiring on October 31, 2014, and appointing Eric Sandeen for terms expiring on October 31, 2016, to the Laramie Plains Civic Center Joint Powers Board and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 18. Consideration of City Council Code of Conduct Amendment(s). MOTION BY SHUMWAY, seconded by Henry, that Council approve the proposed amendments to the Council Code of Conduct as shown in the November 5, 2013 version. MOTION BY VITALE, seconded by Hanson, that Council remove the sentence “Council members shall not participate as members of the public in the public comment periods,” (4.02 Public Comments at Work Sessions) ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 05, 2013 Page 7 Roll call ON REMOVAL OF SENTENCE IN 4.02 showed Aye: Vitale. Nays: Henry, Pearce, Kempert, Hanson, Shumway, Weaver, and Paulekas. Absent: None. MOTION FAILED. MOTION BY HANSON, seconded by Henry, that Council change, on Page 9 of 22, 2.109 “A Council Member may request of the Council that (s)he be permitted” to “A Council Member indicate to the Council that (s)he wants to attend.” Roll call ON 2.109(B) CHANGE showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. QUESTION CALLED BY KEMPERT, seconded by Vitale. Roll call ON QUESTION showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. QUESTION CARRIED. Roll call ON MAIN MOTION AS AMENDED showed Aye: Henry, Pearce, Kempert, Hanson, Shumway, Weaver, and Paulekas. Nays: Vitale. Absent: None. MOTION CARRIED. 19. Consideration of future Council work session topics. Mayor Paulekas: Curb and Gutter Policy. 20. Public Comments on Non-Agenda Items by sign-in requests. Christie Roberts, 136 Indian Springs Road, spoke regarding the reimbursement to The Pointe for the 30th Street Bridge, discussed at the last business meeting. She requested that prior to making payment for the reimbursement for the construction of this project, that an extra effort to ensure that all of contractors on the project have been paid in full for their services. Her firm has outstanding invoices to this developer aging more than 60 days; she has spoken to four other contractors in the same situation, all large quantities of money. She stated that it would be a shame that taxpayer funds be contributed to an outfit that doesn’t pay their bills. Thank you. 21. Adjournment. MOTION BY HANSON, seconded by Henry, that Council adjourn. MOTION CARRIED by voice vote. Council adjourned at 9:34 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk