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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 19, 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, Shumway, 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; Paul Harrison, Parks & Recreation Director; Earl Smith, Public Works Director; and Dan Johnson, Fire Chief. 3. Disclosures by City Council Members. Weaver requested recusal from Item 12, as he is an employee of Big Brothers/Big Sisters. 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: move from the consent Agenda 5D to Regular Agenda 6A, add item 8A approval of the Grant Agreement with the USDA Right of Way utility services and 8B to approve Resolution No. 2013-90 authorizing and providing for the incurment of indebtedness for the purpose of providing a portion of the of acquiring, construction, enlarging, improving, and/or extending its water in the South Laramie Water Line Extension Project, and change Item 28, change adjourn to Executive Session regarding personnel. 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 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, Shumway, 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 November 05, 2013, and Public Hearing of November 05, 2013, and have them placed on file for public inspection. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 19, 2013 Page 2 5B. Cemetery Deeds for November 01-15, 2013. Action: that the Cemetery Deeds for November 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. 5C. Minutes. Action: that Council acknowledge receipt of the Minutes of the Traffic Commission meeting of September 12, 2013, and approve the following recommended actions: 1. To approve a specifically reserved handicap parking space at 1115 Reynolds Street; 2. To approve a specifically reserved handicap parking space at 168 North 4th Street. 5D. Moved to 6A 5E. Agreement Amendment. Action: that Council approve Amendment Number Five to the Agreement between the City of Laramie and Wyoming Health Fairs, Inc., to provide blood screenings for city employees in exchange for use of City’s Recreation Center, and authorize the Mayor and City Clerk to sign. 5F. Bid. Action: that Council award the One New All Terrain Vehicle (ATV) Bid to Frontier Cycles, Inc., Laramie, Wyoming, in the amount of $7,254.00 with trade-in. 5G. Surplus Property. Action: that attached list of City property items be declared surplus property and allow the disposal of all items through the public bids process. 5H. Schedule Meeting(s): Action: that Council schedule the following meeting(s): 1. Work Session, January 14, 2014, 6:00 p.m., Report on City Goals & Goals Update. REGULAR AGENDA 6. Resolution No. 2013-81, amending the Master Fee Schedule for the City of Laramie Parks and Recreation Department facilities & programs with an effective date of January 01, 2014. MOTION BY HANSON, seconded by Pearce, that Council approve Resolution No. 2013-81, amending the Master Fee Schedule for the City of Laramie; Parks and Recreation Department facilities and programs with an effective date as indicated in Exhibit A, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, Kempert, Shumway, Weaver, and Paulekas. Nays: Vitale. Absent: Hanson. MOTION CARRIED. 6A. Agreement Amendment Number One to the Open Space Agreement between the City of Laramie and Country Club, LLC to designate the common open space of Property for the Revised Grand View Heights PUD ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 19, 2013 Page 3 MOTION BY VITALE, seconded by Henry, that Council approve Amendment Number One to the Open Space Agreement between the City of Laramie and Country Club, LLC to designate the common open space of Property for the Revised Grand View Heights PUD, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 7. Original Ordinance No. 1874, amending Title 15 of Laramie Municipal Code amending manufactured home, mobile home, travel trailer park, recreational vehicle park and campground licensing requirements. (Introduced by McKinley) Second Reading. Public Hearings: 5/28/2013; 8/13/2013. MOTION BY HENRY, seconded by Pearce, that Council approve Original Ordinance No. 1874. MOTION BY HENRY, seconded by Pearce, that Council delay second reading, to May 20, 2014 to allow additional time for substantial completion of the Housing Study and to provide opportunities for further public comment. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 8. Original Ordinance No. 1887, authorizing the issuance and sale by the City of Laramie, Wyoming, of its Water Revenue Bond, Series 2013, dated December 11, 2013, in the principal amount of $1,072,000.00 for the purpose of paying part of the cost of extending and improving the municipal waterworks system of the City; prescribing the form of said bond; providing for the pledge of revenues to pay the principal and interest thereon; ratifying, approving and confirming previous actions of City officials and members of the governing body of the City; and providing other details in connection therewith. Introduction and First/Final Reading. The City Clerk read Original Ordinance No. 1887 by title only. AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE BY THE CITY OF LARAMIE, WYOMING, OF ITS WATER REVENUE BOND, SERIES 2013, DATED DECEMBER 11, 2013, IN THE PRINCIPAL AMOUNT OF $1,072,000.00 FOR THE PURPOSE OF PAYING PART OF THE COST OF EXTENDING AND IMPROVING THE MUNICIPAL WATERWORKS SYSTEM OF THE CITY; PRESCRIBING THE FORM OF SAID BOND; PROVIDING FOR THE PLEDGE OF REVENUES TO PAY THE PRINCIPAL AND INTEREST THEREON; RATIFYING, APPROVING AND CONFIRMING PREVIOUS ACTIONS OF CITY OFFICIALS AND MEMBERS OF THE GOVERNING BODY OF THE CITY; AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH. MOTION BY SHUMWAY, seconded by Kempert, that Council approve Original Ordinance No. 1887, authorizing the issuance and sale by the City of Laramie, Wyoming, of its Water Revenue Bond, Series 2013, dated December 11, 2013, in the principal amount of $1,072,000.00 for the purpose of paying part of the cost of extending and improving the Municipal Waterworks System of the City; prescribing the form of said bond; providing for the pledge of revenues to pay the principal and interest thereon; ratifying, approving and confirming previous actions of City Officials and Members of the Governing Body of the City; and providing other details in connection therewith, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 19, 2013 Page 4 8A. Resolution No. 2013-90, Consideration of a Grant Agreement with United States Department of Agriculture Rural Utility Services, and authorizing the incurrence of indebtedness for the construction of the South Laramie Water Line Extension Project. A. Approval of the Grant Agreement with the USDA Right of Way Utility Services. MOTION BY SHUMWAY, seconded by Henry, that Council Approve the Grant Agreement with the United States Department of Agriculture Rural Utility Services and the City of Laramie for the construction, enlargement, or capital improvement of South Laramie Water Line Extension project not to exceed $340,000 and have the document executed at closing December 11, 2013, and have the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. B. Approve Resolution No. 2013-90 authorizing and providing for the incurment of indebtedness for the purpose of providing a portion of the of acquiring, construction, enlarging, improving, and/or extending water, MOTION BY SHUMWAY, seconded by Henry, that Council Approve Resolution No. 2013-90 of the City of Laramie authorizing and providing for the incurrence of indebtedness for the purposed of providing a portion of the cost of acquiring, construction, enlarging, improving, and/or extending its water (South Laramie Water Line Extension Project), and raise a portion of the cost by issuance of bonds in the principal amount of $1,072,000.00 and have the resolution executed at closing December 11, 2013, and have the Mayor and City Clerk to sign the document. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 9. Consideration of Community Development Block Grant Agreement between the Wyoming Business Council, Division of Investment Ready Communities and the City of Laramie for the Community Development Block Grant award supporting the Cedar Street Refinery Clean-Up Project ($330,525.00). MOTION BY HENRY, seconded by Weaver, that Council approve an Agreement between the Wyoming Business Council and the City of Laramie for the Community Development Block Grant award supporting the Cedar Street Refinery Clean-Up Project. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 10. Consideration of Agreement between Wyoming Business Council and City of Laramie, WY for a Business Ready Communities, Business Committed award to support the relocation of HiViz to Laramie ($2,919,177.00). MOTION BY WEAVER, seconded by Shumway, that Council approve an Agreement between Wyoming Business Council and City of Laramie for a Business Ready Communities, Business Committed Award to support the relocation of HiViz to Laramie, for a cost $2,919,177.00. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 19, 2013 Page 5 11. Consideration of Design Contract for Construction Manager at Risk Service between the City of Laramie, WY and LEDC, Inc., and Groathouse Construction, Inc., for the HiViz Headquarters Project. MOTION BY WEAVER, seconded by Shumway, that Council rescind the Design Contract between the City of Laramie and LEDC, Inc., and Groathouse Construction, Coffey Engineering, and Malone Beltone Abel for the HiViz Headquarters Project approved on October 15, 2013, and approve the design contract between the City of Laramie and LEDC, Inc., and Groathouse Construction, Inc., for the HiViz Headquarters Project, at a cost not to exceed $111,730.00, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 12. Consideration of Letter of Support and Mid-Year Community Partner Funding request for Big Brothers Big Sisters. MOTION BY KEMPERT, seconded by Henry, that Council provide a Letter of Support for Big Brothers Big Sisters Community Facility Project and provide funding of $26,000 in Mid-Year Community Partner Funding and up to $50,000 in-kind support to complete the project and amend the Budget for FY14 to accommodate the project. MOTION BY KEMPERT, seconded by Vitale, that Council recuse Weaver on this agenda item. MOTION OF RECUSAL CARRIED by voice vote. Roll call ON MAIN MOTION showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, and Paulekas. Nays: None. Abstain: Weaver. Absent: Hanson. MOTION CARRIED. Council recessed at 8:00 p.m. Council reconvened at 8:07 p.m. 13. Consideration of Gardiner Subdivision Final Plat (Location: 1025 Howe Road, one mile south of City boundary; 2 lots out of parcel 10.1 acres; Owner: Darcy Beth Gardiner). MOTION BY PEARCE, seconded by Henry, that Council deny without prejudice the Gardiner Subdivision Final Plat, based on findings that the final plat was not approved by the Board of County Commissioners and that the applicant has not entered into County-required agreements. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 14. Consideration of Professional Services Agreement with Hanna:Keelan Associates, P.C. for performing a Housing Study for the City of Laramie. MOTION BY PEARCE, seconded by Henry, that Council approve the Professional Services Agreement with Hanna:Keelan Associates, P.C., in an amount not to exceed $52,000; and authorize the Mayor and City Clerk to sign the agreement. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 19, 2013 Page 6 15. Consideration of Cooperative Agreement between the City of Laramie, WY and Wyoming Department of Transportation for participation in the Surface Transportation On-System Enhancements Program to construct project enhancements ($289,966.00). MOTION BY VITALE, seconded by Pearce, that Council approve the Cooperative Agreement with Wyoming Department of Transportation in the amount of 289,966.00 for participation in the Surface Transportation On- System Enhancements Program to construct project enhancements, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 16. Consideration of Grant Award acceptance from U.S. Department of Homeland Security for City of Laramie Fire Department – Region 3 State Emergency Response Team ($100,000.00). MOTION BY SHUMWAY, seconded by Pearce, that Council accept the Grant Award from U.S. Department of Homeland Security in the amount of $100,000.00 to the City of Laramie Fire Department – Region #3 State Emergency Response Team, and authorize the City Manager, City Clerk, and City Attorney to sign. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 17. Consideration of options for MS 149 (ambulance) for decommission when replacement units is delivered. MOTION BY KEMPERT, seconded by Shumway, that Council discuss the options for Fire Department MS 149 ambulance for decommission from service when replacement unit is delivered. MOTION CARRIED by voice vote. MOTION BY KEMPERT, seconded by Weaver, that Council authorize the City of Laramie Fire Chief on behalf of the City of Laramie – City Council, to partner with the State of Wyoming EMS Department, and find a suitable community within the State of Wyoming that would benefit from the donation of the ambulance MS 149. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 18. Resolution No. 2013-82, authorizing the City of Laramie, State of Wyoming, to lease, with an option to purchase, certain equipment from Security First Bank (10 yard dump truck; $119,089.00). MOTION BY PEARCE, seconded by Henry, that Council approve Resolution No. 2013-82 to authorize the City of Laramie to lease with an option to purchase a 2014 Freightliner 10 yard dump truck for the Water Transmission Division from Security First Bank, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 19. Resolution No. 2013-83, authorizing the City of Laramie, State of Wyoming, to lease, with an option to purchase, certain equipment from Security First Bank (5 cubic yard loader; $113,569.00). ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 19, 2013 Page 7 MOTION BY PEARCE, seconded by Henry, that Council approve Resolution No. 2013-83 to authorize the City of Laramie to lease with an option to purchase a 950 K Caterpillar 5 cubic yard loader for the Streets Division from Security First Bank, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 20. Resolution No. 2013-84, authorization to make application to the FEMA-Assistance to Firefighters Grant Program, for purposes of Incident Command Certification Training & Enhancements to the Current EMS System ($60,520.00). MOTION BY SHUMWAY, seconded by Henry, that Council approve Resolution No. 2013-84 to authorize the City of Laramie Fire Chief to make application to the Federal Emergency Management Agency (FEMA) - Assistance to Firefighters Grant Program, in the amount of $60,520 for purposes of Incident Command Certification Training; and Enhancements to the Current EMS System; and authorize the Mayor and City Clerk to sign, and authorize an amendment to the 2013 – 2014 City of Laramie fiscal budget. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 21. Resolution No. 2013-85, to appoint three new members to the Laramie Advisory Commission on Disabilities. MOTION BY SHUMWAY, seconded by Kempert, that Council approve Resolution No. 2013-85, to appoint three board members to the Laramie Advisory Commission on Disabilities, those members are as follows: that Council appoints Kermit Thiel to the Laramie Advisory Commission on Disabilities with one remaining term expiring October 31, 2015; that City Council appoints Jo Carol Ropp to the Laramie Advisory Commission on Disabilities with one term expiring October 31, 2016; and that City Council appoints Michael Moeller to the Laramie Advisory Commission on Disabilities with one term expiring October 31, 2016 Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 22. Resolution No. 2013-86, declaring a vacancy and appointing a member to the Planning Commission for the City of Laramie, WY. The City Clerk read Resolution No. 2013-86 by title only. RESOLUTION OF THE LARAMIE CITY COUNCIL DECLARING A VACANCY AND APPOINTING A MEMBER TO THE PLANNING COMMISSION FOR THE CITY OF LARAMIE, WY. MOTION BY VITALE, seconded by Weaver, that Council approve Resolution No. 2013-86, appointing Jim McGrath to the Planning Commission for a three year term expiring on October 31, 2016, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 23. Resolution No. 2013-87, declaring a vacancy and appointing one member to the Environmental Advisory Committee for the City of Laramie, WY. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING November 19, 2013 Page 8 MOTION BY HENRY, seconded by Pearce, that Council approve Resolution No. 2013-87, appointing Guillermo Brizuela to the Environmental Advisory Committee for a three year term, expiring on November 1, 2016, and authorize the Mayor and City Clerk to sign the Resolution. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 24. Resolution No. 2013-88, declaring vacancies and appointing three members to the City Traffic Commission for the City of Laramie, WY. MOTION BY PEARCE, seconded by Henry, that Council approve Resolution No. 2013-88, appointing Harold Colby, Megan Hayes, and Nancy Sindelar to the City Traffic Commission for a three year term each, expiring on October 31, 2016, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 25. Resolution No. 2013-89, declaring a vacancy and appointing a member to the Board of Health for the City of Laramie, WY. MOTION BY KEMPERT, seconded by Henry, that Council approve Resolution No. 2013-89, appointing Rebecca Ford to the Board of Health to serve a five year term expiring on October 31, 2018; and authorize the Mayor and City Clerk to sign the Resolution. Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Shumway, Weaver, and Paulekas. Nays: None. Absent: Hanson. MOTION CARRIED. 26. Consideration of future Council work session topics. Henry: Recycling of glass, in January. 27. Public Comments on Non-Agenda Items by sign-in requests. None. 28. Adjourn to Executive Session regarding personnel. MOTION BY HENRY, seconded by Shumway, that Council Adjourn to Executive Session. MOTION CARRIED by voice vote. Council adjourned at 9:02 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk