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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING September 17, 2013 Page 1 Regular Meeting of the City Council was called to order by Mayor Paulekas at 6:41 p.m. 1. Pledge of Allegiance. Mayor Paulekas led the Pledge of Allegiance. 2. Roll Call. Roll call showed present: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Absent: Hanson. 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; and Dale Stalder, Police Chief. 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: On the Consent Agenda Add to 5 H Consideration of Bid Award for 30th Street Extension; and on the Regular Agenda Item 14 change Resolution No. 60 to 67, and Item 15 change Resolution No. 61 to 68. 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 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, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. CONSENT AGENDA 5A. Minutes of City Council Meetings. Action: that Council approve the Minutes of the City Council Regular Meeting of September 03, 2013, and Public Hearing of September 03, 2013, 2013, and have them placed on file for public inspection. 5B. Cemetery Deeds for September 01-15, 2013. Action: that the Cemetery Deeds for September 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 September 17, 2013 Page 2 5C. Bid Rejection. Action: that Council reject all the bids for Greenhill Cemetery 15th Street Beautification Project Bid, and direct city staff to re-bid the project. 5D. Bid Rejection. Action: that Council reject all the bids for Wastewater Treatment Plant Blower Cathodic Protection Project Bid. 5E. MOU. Action: that Council approve the Memorandum of Understanding between the City of Laramie Fire Department and the University of Wyoming for providing standby ambulance service at athletic events for the 2013-2014 season. 5F. Agreement. Action: that Council approve the Revised Operating Agreement between the City of Laramie, WY and Albany County, replacing the LARC Joint Powers Board with the LARC Advisory Board and clarifying budgetary resolution and administration , and authorize the Mayor and City Clerk to sign. 5G. Distribution Funds. Action: that Council approve the recommendation of the Finance Committee to distribute Community Project Funds received from Wyoming Community Gas to Interfaith-Good Samaritan ($2,890.51) and the Laramie Downtown Clinic ($2,890.50). 5H. Schedule Meeting(s): Action: that Council schedule the following meeting(s): 1. Public Hearing, October 01, 2013, 6:30 p.m., Orig. Ord. No. 1885, amending water rates; 2. Public Hearing, October 01, 2013, 6:30 p.m., Orig. Ord. No. 1886, amending wastewater rates; 3. Special Meeting, September 24, 2013, 6:00 p.m., A. Consideration of acceptance of land donation, and B. Consideration of Bid Award for 30th Street Extension. REGULAR AGENDA 6. Original Ordinance No. 1881, de-annexing approximately 281 acres of property located at 489 Highway 230, commonly known as the Laramie Country Club (Applicant: RDR, LLC). (Introduced by Henry) Third/Final Reading. The City Clerk read Original Ordinance No. 1881 by title only. AN ORDINANCE APPROVING AND AUTHORIZING THE DE-ANNEXATION OF APPROXIMATELY 281 ACRES OF PROPERTY LOCATED AT 489 HIGHWAY 230, IN THE CITY OF LARAMIE, WYOMING MOTION BY HENRY, seconded by Vitale, that Council approve Original Ordinance No. 1881 on Third and Final Reading, de-annexing approximately 281 acres of property located at 489 Highway 230, commonly known as the Laramie Country Club. based on findings of fact and conclusions of law; and authorize the Mayor and City Clerk to sign. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING September 17, 2013 Page 3 MOTION BY VITALE, seconded by Kempert, that Council amend the effective date to November 1, 2013. Roll call ON AMENDMENT showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. Roll call MOTION AS AMENDED showed Aye: Henry, McKinley, Kempert, Vitale, Weaver, and Paulekas. Nays: Pearce and Shumway. Absent: Hanson. MOTION CARRIED. 7. Original Ordinance No. 1882, amending Chapter 10.20 of the Laramie Municipal Code entitled Motor Vehicle Regulation to provide for penalties for failure to use child safety restraint systems and for failure to use safety belts. (Introduced by Hanson) Third/Final Reading. MOTION BY PEARCE, seconded by Kempert, that Council approve Original Ordinance No. 1882 on Third and Final Reading, amending Chapter 10.20 of the JT Laramie Municipal Code entitled Motor Vehicle Regulation to provide for penalties for failure to use child safety restraint systems and for failure to use safety belts, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Pearce, McKinley, Kempert, Shumway, Weaver, and Paulekas. Nays: Henry and Vitale. Absent: Hanson. MOTION CARRIED. 8. Resolution No. 2013-63, resolution transferring unencumbered or unexpended appropriations balance from one fund to another and amending the appropriations for the Fiscal Year 2013-2014 Biennium Budgets of the City of Laramie, Wyoming. MOTION BY SHUMWAY, seconded by Pearce, that Council approve Resolution No. 2013-63, approving an amendment to the FY2013-2014 Biennium Budget, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 9. Consideration of Mineral Royalty Grant Applications for the following: A. Resolution No. 2013-64, in support of submitting Mineral Royalty Grant (MRG) Application for indoor public safety equipment storage facility ($47,250.00). MOTION BY WEAVER, seconded by Pearce, that Council approve Resolution No. 2013-64, authorizing the submittal of an MRG Application in the amount of $47,250.00 for an indoor public safety equipment storage facility for the Police Department be approved for submission. B. Resolution No. 2013-65, in support of submitting Mineral Royalty Grant Application for sewer main replacement ($677,407.50). MOTION BY WEAVER, seconded by Vitale, that Council approve Resolution No. 2013-65, authorizing the submittal of an MRG Application in the amount of $677,407.50, for replacement of 4,000 feet of sewer line replacement be approved for submission. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. C. Resolution No. 2013-66, in support of submitting Mineral Royalty Grant Application ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING September 17, 2013 Page 4 for fire truck replacement ($409,961). MOTION BY WEAVER, seconded by Vitale, that Council approve Resolution No. 2013-66, authorizing the submittal of an MRG Application in the amount of $409,961 for the replacement of a fire engine be approved for submission. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 10. Original Ordinance No. 1885, amending Section 13.44 of the Laramie Municipal Code which establishes the water rates for users of municipal water. Introduction and First Reading. (Public Hearing: 10/01/2013) The City Clerk read Original Ordinance No. 1885 by title only. AN ORDINANCE AMENDING SECTION 13.44 OF THE LARAMIE MUNICIPAL CODE WHICH ESTABLISHES THE WATER RATES FOR USERS OF MUNICIPAL WATER. MOTION BY VITALE, seconded by Kempert, that Council approve First Reading of Original Ordinance No. 1885, amending Chapter 13.44 of the Laramie Municipal Code FY 2014 adopted regulate water rate from a 3% increase to a 1 % increase in the City of Laramie. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 11. Original Ordinance No. 1886, amending Section 13.48.018 of the Laramie Municipal Code which establishes the wastewater rates for users of municipal water. Introduction and First Reading. (Public Hearing: 10/01/2013) The City Clerk read Original Ordinance No. 1886 by title only. AN ORDINANCE AMENDING SECTION 13.48.018 OF THE LARAMIE MUNICIPAL CODE WHICH ESTABLISHES THE WASTEWATER RATES FOR USERS OF MUNICIPAL WATER. MOTION BY VITALE, seconded by Kempert, that Council approve First Reading of Original Ordinance No. 1886, amending Chapter 13.48 of the Laramie Municipal Code FY 2014 a wastewater rate from a 3% increase to a 1 % increase in the City of Laramie. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 12. Consideration of award for the South Laramie Water Line Project Bid. MOTION BY KEMPERT, seconded by Pearce, that Council award the South Laramie Water Supply project to Mechanical Systems Inc. of Cheyenne, WY, in the amount of $2,089,187.00 plus a contingency of $313,378.05 for a total not to exceed $2,402,565.05, and authorize the Mayor to sign the Notice of Award. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING September 17, 2013 Page 5 13. Consideration of Acceptance of a Federal Aviation Administration Award to Conduct a Wildlife Assessment at the Laramie Regional Airport. MOTION BY MCKINLEY, seconded by Mullner, that Council accepts a Federal Aviation Administration Award to Conduct a Wildlife Assessment at the Laramie Regional Airport, and authorize the City Manager to sign. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 14. Consideration of Resolution supporting submittal of Grant Application to Wyoming Water Development Commission for Level III Grant and Loan Funds for the Development of a Water Tank Serving North Laramie and to Substitute Resolution 2013-67. MOTION BY HENRY, seconded by Pearce, that Council approve Resolution No. 2013-67, in support of an application to the Wyoming Water Development Commission for Level III Grant and Loan Funds for the Development of a Water Tank Serving North Laramie and to substitute Resolution No. 2013-67. For the record, Councilor Henry read Resolution No. 2013-67 by title only: RESOLUTION SUPPORTING THE FILING OF AN APPLICATION BY THE CITY OF LARAMIE, WYOMING WITH THE WYOMING WATER DEVELOPMENT COMMISSION (WWDC) FOR A LEVEL III AWARD IN AN AMOUNT NOT TO EXCEED $12,075,000 FOR THE DEVELOPMENT OF A WATER TANK SERVING NORTH LARAMIE. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 15. Consideration of Resolution supporting submittal of Grant Application to Wyoming Water Development Commission for Level II Grant and Loan Funds for Development of an Updated Water Management Plan for the City of Laramie and to Substitute Resolution 2013-68. Councilor Henry read Resolution 2013-68 by title only: RESOLUTION SUPPORTING BOTH THE FILING OF AN APPLICATION BY THE CITY OF LARAMIE, WYOMING WITH THE WYOMING WATER DEVELOPMENT COMMISSION (WWDC) FOR A LEVEL II AWARD FOR THE DEVELOPMENT OF AN UPDATED WATER MANAGEMENT PLAN FOR THE CITY OF LARAMIE. MOTION BY HENRY, seconded by Pearce, that Council approve Resolution No. 2013-68, in support of the submittal of an Application to the Wyoming Water Development Commission for Level II Grant and Loan Funds to be used to fund Development of an Updated Water Management Plan for the City of Laramie and to substitute Resolution No. 2013-68, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 16. Consideration of the City Forrester’s position. MOTION BY VITALE that Council discuss the Forrester’s Position within the City. MOTION FAILED FOR LACK OF A SECOND. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING September 17, 2013 Page 6 17. Consideration of future Council work session topics. None. 18. Public Comments on Non-Agenda Items by sign-in requests. Tim Hale read a letter from the Casper Star, entitled “The City Manager Did End-Run Around Council”. 19. Adjourn to Executive Session regarding land negotiations. MOTION BY MCKINLEY, seconded by Shumway, that Council adjourn to Executive Session regarding land negotiations. MOTION CARRIED by voice vote. Council adjourned at 8:02 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk