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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING April 16, 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, 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; Paul Harrison, Parks and Recreation Director; and Richard Elliott, 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 Henry, that the following changes to the Agenda be approved: Delete 5L from the Consent Agenda; and, from the Regular Agenda Item 16, strike the word personnel and replace with litigation. 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 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 Regular Meeting of April 02, 2013, and Special Meeting of April 03, 2013, and have them placed on file for public inspection. 5B. Cemetery Deeds for April 01-15, 2013. Action: that the Cemetery Deeds for April 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 April 16, 2013 Page 2 5C. Minutes. Action: that Council acknowledge receipt of the Minutes of Parks, Trails and Recreation Ad Hoc Committee meeting of March 27, 2013, and that the following items be approved as indicated: N/A. 5D. Agreement. Action: that Council approve the Professional Services Agreement between the City of Laramie and Vector Disease Control, Inc., Little Rock, ARK, in the amount of $72,000.00, for professional aerial application services of mosquito control pesticides for the 2013 season, along with reserving a contingency of $10,000.00, and authorize the Mayor and City Manager to sign. 5E. Agreement. Action: that the Council approve the Agreement between the City of Laramie and the Forestry Division of the Office of State Lands and Investments for a 2013 Urban and Community Forestry Tree Planting Grant, in the amount of $5,000,00, and authorize the Mayor and City Clerk to sign. 5F. Agreement. Action: that the Council approve the Agreement between the City of Laramie and the Wyoming Game & Fish Commission for a three month lease of 2,300 square feet of the Laramie Technology Building located at 1525 Industry Drive for $2,415.00 per month, and authorize the Mayor and City Clerk to sign. 5G. Agreement. Action: that the Council approve the Professional Services Agreement between the City of Laramie, WY and Borstad Consulting, Ft. Collins, CO, for an amount not to exceed $42,000.00, to approve the Contract therefore, and authorize the Mayor and City Clerk to sign 5H. Agreement. Action: that the Council approve the Professional Services Agreement between the City of Laramie, WY and Dowl HKM for 2013 construction season materials testing, and authorize the Mayor and City Clerk to sign. 5I. Agreement. Action: that the Council approve the Professional Services Agreement between the City of Laramie, WY and Coffey Engineering & Surveying for 2013 construction season materials testing, and authorize the Mayor and City Clerk to sign. 5J. License Renewal. Action: that Council approve the renewal of a Pawnbroker License to Joni & Tad Westbrook dba Ann’s Pawns and Antiques, 1005 South 3rd Street, Laramie, Wyoming, for the renewal period of April 06, 2013 thru April 05, 2014. 5K. Bid Award. Action: that Council award the Magnesium Chloride Bid to Desert Mountain Corporation, Riverton, WY, in an amount not to exceed $32,607.50. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING April 16, 2013 Page 3 5L. Bid Award. Action: that Council award the Utilities Pickup 2012 Bid to Spradley Barr Motors, Cheyenne, WY, in the amount of $20,788.00. 5M. Schedule Meeting(s): Action: that Council schedule the following meeting(s): 1. Public Hearing, April 23, 2013, 6:00 p.m., Transfer of Ownership Application, Albertsons, LLC; 2. Work Session, April 30, 2013, 6:00 p.m., CAFR Overview; 3. Work Session, April 30, 2013, 6:00 p.m., East Laramie Wastewater Study; 4. Work Session, April 30, 2013, 6:00 p.m., APO – Site Specific Investigation Requirement; 5. Work Session, May 06, 2013, Turner Tract Plan Update Preliminary Findings. REGULAR AGENDA 6. Original Ordinance No. 1873, to amend Chapter 12.48.050 of the Laramie Municipal Code pertaining to facility use park permit, fees and damage deposit. (Introduced by KEMPERT) Second Reading. The City Clerk read Original Ordinance No. 1873 by title only. AN ORDINANCE TO AMEND CHAPTER 12.48.050 OF THE LARAMIE MUNICIPAL CODE PERTAINING TO FACILITY USE PARK PERMIT, FEES AND DAMAGE DEPOSIT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LARAMIE MOTION BY KEMPERT, seconded by Shumway, that Council approve Original Ordinance No. 1873 on Second Reading to amend Chapter 12.48.050 of the Laramie Municipal Code pertaining to facility use, park permit fees, and damage deposit. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 7. Consideration of Agreement for Purchase of Real Property by Albany County School District No. 1 for purchase of Turner Tract Property. MOTION BY SHUMWAY, seconded by Kempert, that Council approve the Agreement for Purchase of Real Property with the Albany County School District No. 1 for the purchase of the Turner Tract property in the amount of $1,362,121.00, authorize the Mayor and City Clerk to sign, and further authorizing the Mayor, City Manager, and City Attorney to conduct the closing and execute the appropriate documents to accomplish the transfer of the property. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 8. Resolution No. 2013-38, authorizing the execution and delivery of a Tax-Exempt Lease Purchase Agreement, and related instruments, and determining other matters in connection ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING April 16, 2013 Page 4 therewith (City of Laramie to lease with an option to purchase a 2014 LEU613 Mack dual side arm collection truck for the Solid Waste Division from US Bank). MOTION BY PEARCE, seconded by Henry, that Council approve Resolution No. 2013-38, to authorize the City of Laramie to lease with an option to purchase a 2014 LEU613 Mack dual side arm collection truck for the Solid Waste Collection Division from US Bank, 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. 9. Consideration of Agreement between City of Laramie, WY and WY Department of Transportation to provide water for state highway construction projects in Albany County. MOTION BY HENRY, seconded by Pearce, that Council approve the Agreement with Wyoming Department of Transportation to provide water for state highway construction projects in Albany County, to approve the contract therefore, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Shumway, Weaver, McKinley, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 10. Consideration of Professional Services Agreement between City of Laramie, WY and Short Elliott Hendricks, for Cleveland Street Project ($134,752.00). MOTION BY MCKINLEY, seconded by Weaver, that Council approve the Professional Services Agreement between City of Laramie and Short Elliott Hendricks, Laramie, WY, for Cleveland Street Project in the amount of $134,752.00 plus $13,475.00 in contingency for a total amount not to exceed $148,227.00, to approve the contract therefore, and authorize the Mayor and City Clerk to sign. MOTION BY VITALE, seconded by Hanson, that Council amend the motion to award the bid to Coffey Engineering at $103, 513.00 with a 10% contingency fee. Roll call ON AMENDMENT showed Aye: Vitale, Hanson, and Weaver. Nays: Henry, Pearce, McKinley, Kempert, Shumway, and Paulekas. Absent: None. MOTION FAILED. Roll call ON MAIN MOTION showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, and Paulekas. Nays: Vitale, Hanson, and Weaver. Absent: None. MOTION CARRIED. 11. Consideration of Amendment No. 1 to Professional Services Agreement with Dowl HKM for 36” Laramie Transmission Pipeline Replacement Project ($112,167.65). MOTION BY VITALE, seconded by Henry, that Council approve Amendment No. 1 to the Professional Services Agreement between City of Laramie and Dowl HKM, Laramie, WY, for the 36” Laramie Transmission Pipeline Replacement Project in an amount of $112,167.65 for a total contract amount not to exceed $310,227.65, and propose to add this amendment to the FY14 proposed budget for $112,167.65 of which WWDC will reimburse the City an amount of $62,706.20 as project eligible expenses. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. Council recessed at 7:58 p.m. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING April 16, 2013 Page 5 Council reconvened at 8:05 p.m. 12. Consideration of Memorandum of Understanding between the City of Laramie and Wyoming Territorial Park. MOTION BY MCKINLEY, seconded by Pearce, that Council approve the Memorandum of Understanding between the City of Laramie and the State of Wyoming, Department of State Parks and Cultural Resources, Wyoming Territorial Prison State Historic Site, 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. 13. Consideration of Voting Delegates for the 2013 WAM Convention. MOTION BY WEAVER, seconded by Henry, that Council move to appoint Councilor Hanson as the Official Voting Delegate and Councilor Paulekas as the Official Alternate Voting Delegate for the 2013 WAM Convention Business Meeting. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 14. Consideration of future Council work session topics. None. 15. Public Comments on Non-Agenda Items by sign-in requests. Tim Hale informed the Council his Public Information Request was denied; stated that he had requested the non-employee resumes, which would not have fallen under employee protection. He also declared that City Manager Jordan had applied for a job in Texas and was turned down. Jordan related she had not applied for a job in Texas. Councilor Henry expressed concern about the traffic light on 9th Street and Lewis Street; that Lewis Street was no longer going to be a thoroughfare; and; the light should be moved to 9th and Bradley Street. She also queried if online payments (for City utilities services) was available. Jordan responded that the tests on the online payment system have worked well, but the City has not opened online payment for public use. Pearce informed Council that the Traffic Commission was aware of the 9th and Lewis Street traffic light issue. Councilor Vitale presented a formal request through the City Manager’s Office to Jodi Guerin (Recreation Manager) to release her resume and qualifications, education and degrees, work history, certifications, and other qualifications for her job. He cited Linked In ® and her political flyer for the state legislature as listing several qualifications, which indicated that she was willing to share her qualifications. He commented on press releases on other new employees and their qualifications for their jobs, but there had been none regarding Ms. Guerin or her new position. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING April 16, 2013 Page 6 16. Adjourn to Executive Session regarding land negotiation and personnel. MOTION BY HANSON, seconded by Weaver, that Council adjourn to Executive Session regarding land negotiation and litigation. MOTION CARRIED by voice vote. Council adjourned to Executive Session regarding land negotiation and litigation at 8:30 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk