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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING March 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, 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, 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: Remove Item 8 on the Regular Agenda and replace with 5L from the Consent Agenda, and add 17A. An explanation of the Civil Service Commission Procedure by the City Attorney. MOTION CARRIED by voice vote. B. MOTION BY WEAVER, seconded by Shumway, that the Agenda be set as changed. 5. Approval of Consent Agenda. MOTION BY WEAVER, seconded by Vitale, 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 February 19, 2013, Special Meeting of February 19, 2013 and Public Hearings of February 19 and 26, 2013, and have them placed on file for public inspection. 5B. Cemetery Deeds for February 16-28, 2013. Action: that the Cemetery Deeds for February 16-28, 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 March 05, 2013 Page 2 5C. Vouchers for February 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 April. 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 February 13, 2013, and that the following recommendations be approved: 1. To approve the Adopt A Trail Along the Greenbelt Park Agreement with Albany County Court Supervised Treatment Program to adopt a ¼ mile section of the Laramie River Greenbelt Park and authorize the City Manager to sign; 2. To approve the Adopt A Trail Along the Greenbelt Park Agreement with the Wyoming Peace, Justice and Earth Center to adopt a ¼ mile section of the Laramie River Greenbelt Park and authorize the City Manager to sign; 3. To approve the Adopt A Trail Along the Greenbelt Park Agreement with Gary L. Honeyman and Family to adopt a ¼ mile section of the Laramie River Greenbelt Park and authorize the City Manager to sign; 4. To approve the Adopt A Trail Along the Greenbelt Park Agreement with the UPRR Environmental Management to adopt a ¼ mile section of the Laramie River Greenbelt Park and authorize the City Manager to sign; 5. To approve the Adopt A Trail Along the Greenbelt Park Agreement with CH2M Hill to adopt a ¼ mile section of the Laramie River Greenbelt Park and authorize the City Manager to sign; 6. To acknowledge receipt of a $500.00 donation from Donal O’Toole for improvements to Spring Creek in the LaPrele Park area; 7. To approve the Facility Use Agreement with the University of Wyoming for use of the Arena Auditorium for the City’s Youth Basketball Tournament, and authorize the City Manager to sign; 8. To approve the offer of a fifteen percent (15%) group membership discount on six month and annual memberships to Albany residents who are active members of the Wyoming Army National Guard; 9. To approve the reduced facility reservation rates of $30/hour for the Naughty Pines Derby Dames’ 2013 season; 10. To approve the request to permit the Laramie Chapter of the Special Olympics to practice in 4 lanes of the 8 Lane Competition Pool prior to the State Special Olympics Games on Mondays and Wednesdays from 3:30-5:00 p.m. at a 50% reduced cost for the facility reservations. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING March 05, 2013 Page 3 5E. Minutes. Action: that Council acknowledge receipt of the Minutes of the Parks, Trails and Recreation Master Plan Ad Hoc Advisory Committee meetings of February 06 and February 13, 2013; no recommendations. 5F. Minutes. Action: that Council acknowledge receipt of the Minutes of the Traffic Commission meeting of January 10, 2013, and that the following items be approved as indicated: 1. To approve a specifically reserved handicap parking space at 271 North Cedar Street; 2. To approve extending the no parking area near the curb return on the east side of Cedar Street at the intersection of Cedar Street and Snowy Range Road, and bring it into conformance with WYDOT policies. 5G. Bid Award. Action: that Council award the one new 2013 large rotary mower bid to C&M Golf and Grounds Equipment, Denver, Colorado, in an amount of $56,152.54 with trade-in. 5H. Agreement. Action: that Council approve the Professional Services Agreement between the City of Laramie and Camp Creek Engineering, Inc., Laramie, Wyoming, for the Indian Hills Pump Station Project, in the amount of $24,954.00 plus $2,500.00 contingency for a total amount not to exceed $27,454.00, and authorize the Mayor and City Clerk to sign. 5I. Agreement. Action: that Council approve the Professional Services Agreement between the City of Laramie and Trihydro Corporation, Laramie, Wyoming, for the SPT Phase 4 Schedule 7 Project – 21st and Grand Intersection, in the amount of $48,717.00 plus $4871.00 contingency for a total amount not to exceed $53,588.00, and authorize the Mayor and City Clerk to sign. 5J. Agreement. Action: that Council approve the Professional Services Agreement between the City of Laramie and Trihydro Corporation, Laramie, WY, for the SPT Phase 2 Schedule 6 Project – Cedar Street Soils and Groundwater Characterization, Testing and Reporting, in the amount of $50,098.00 plus $10,019.00 contingency for a total amount not to exceed $60,117.00, and authorize the Mayor and City Clerk to sign. 5K. Agreement. Action: that Council approve the Agreement for Professional Elevator Equipment Preventative Maintenance Services between the City of Laramie, Wyoming and Peak Elevator Performance Group, Arvada, Colorado for preventative maintenance and service of city owned elevator equipment, in an amount of $4,736.00 for a two year period, and authorize the Mayor and City Clerk to sign. 5L. Moved to Regular Agenda 8 ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING March 05, 2013 Page 4 5M. Schedule Meeting(s): Action: that Council schedule the following meeting(s): 1. Public Hearing, March 19, 2013, 6:30 p.m., Restaurant Liquor License Application of Parachute, LLC; 2. Work Session, April 23, 2013, 6:00 p.m., Capital for GF, RC, Park & Rec Development Budget; 3. Work Session, May 06, 2013, 6:00 p.m., Capital Enterprise Budget; 4. Work Session, May 13, 2013, 6:00 p.m., Solid Waste Budget (Chris Bell); 5. Work Session, May 14, 2013, 6:00 p.m., Operating (General, Recreation Center, Enterprise) Budget; 6. Special Meeting, May 16, 2013, 6:00 p.m., 2014 City Budget; 7. Public Hearing, June 11, 2013, 6:00 p.m., Resolution 2014 City Budget; 8. Special Meeting, June 11, 2013, 6:00 p.m., Consideration of Resolution 2014 City Budget Adoption. REGULAR AGENDA 6. 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. (Introduced by Pearce) Second 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 PAULEKAS, seconded by Vitale, that Council approve Original Ordinance No. 1869 on Second Reading, rezoning approximately 2.24 acres of land generally located at the northwest corner of Grand Avenue and 22nd Street from B1 (limited business), B2 (Business) and R3 (multifamily residential) Districts to B2 (business) District, based on findings of fact and conclusions of law; note a public hearing was held February 26, 2013. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 7. Original Ordinance No. 1872, to amend Chapter 13.64 of the LMC pertaining to payment required before burial, Chapter 13.72 of the LMC pertaining to the scheduling of interments, and Chapter 13.72 of the LMC pertaining to service charge at the City’s Cemetery. (Introduced by Kempert) Second Reading. The City Clerk read Original Ordinance No. 1872 by title only. AN ORDINANCE TO AMEND CHAPTER 13.64.140 OF THE LARAMIE MUNICIPAL CODE PERTAINING TO CEMETERY SEXTON’S HOURS OF OPERATION; TO AMEND CHAPTER 13.70.010 OF THE LARAMIE MUNICIPAL CODE PERTAINING TO ADJUST THE SCHEDULING OF BURIALS AT GREENHILL CEMETERY; TO AMEND CHAPTER 13.72.010 OF THE LARAMIE MUNICIPAL CODE ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING March 05, 2013 Page 5 PERTAINING TO NORMAL CEMETERY FEES; AND TO AMEND CHAPTER 13.72.020 OF THE LARAMIE MUNICIPAL CODE PERTAINING TO OFF HOUR CEMETERY FEES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LARAMIE MOTION BY KEMPERT, seconded by Weaver, that Council approve Original Ordinance No. 1872, on Second Reading to amend Chapter 13.64 of the LMC pertaining to payment required before burial, Chapter 13.72 of the LMC pertaining to the scheduling of interments, and Chapter 13.72 of the LMC pertaining to service charge at the City’s Cemetery. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 8. Acceptance of donation of property located adjacent to 3529 E. Grand Avenue that contains 1.39 +/-acres from Dr. Larry D. and Mary Foianini. MOTION BY SHUMWAY, seconded by Hanson, that Council accept the donation of property located adjacent to 359 E. Grand Avenue that is a portion of Lot 1, Block 3, Upland Heights Addition to the City of Laramie that contains 1.39 acres from Dr. Larry D. and Mary Foianini. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 9. Resolution No. 2013-23, recognizing the City of Laramie Administrative Services Department & the City Manager’s Office for Excellence in Governmental Budgeting for City of Laramie, WY. The City Clerk read Resolution No. 2013-23 by title only. RESOLUTION RECOGNIZING THE CITY OF LARAMIE ADMINISTRATIVE SERVICES DEPARTMENT AND THE CITY MANAGER’S OFFICE FOR EXCELLENCE IN GOVERNMENTAL BUDGETING FOR CITY OF LARAMIE, WYOMING. MOTION BY HANSON, seconded by Shumway, that Council approve Resolution No. 2013-23, recognizing the City of Laramie Administrative Services Department and the City Manager’s Office for Excellence in Governmental Budgeting for the City of Laramie, Wyoming. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 10. Resolution No. 2013-24, correcting scrivener’s error in Resolution No. 2013-17, appointing four members to the Planning Commission. The City Clerk read Resolution No. 2013-24 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 Pearce, that Council approve Resolution No. 2013-24 to correct scrivener’s error in Resolution No. 2013-17, appointing Bob Boysen to the Planning Commission to a three year term, expiring on October 31, 2015; appointing Nadia Kaliszewski to the Planning Commission to a three year term, expiring on October 31, 2015; appointing Anthony Mendoza to the Planning Commission ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING March 05, 2013 Page 6 to a three 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. 11. Consideration of Boulder Addition Final Plat (145 acres within Turner Tract; Applicant: Albany County School District No. 1; Owner: City of Laramie.) MOTION BY KEMPERT, seconded by Shumway, that Council approve the Boulder Addition Final Plat based on findings of fact and conclusions of law, and authorize the Mayor and City Clerk to sign the final plat. Roll call showed Aye: Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, and Paulekas. Nays: Henry and Weaver. Absent: None. MOTION CARRIED. 12. Consideration of Award for the 2013 Landfill Scraper Bid ($688,499.00). MOTION BY PEARCE, seconded by Kempert, that Council award the 2013 Landfill Scraper Bid to Wyoming Machinery, Cheyenne, WY, in the amount of $688,499.00 and amend the budget. Roll call showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. Council recessed at 7:57 p.m. Council reconvened at 8:10 p.m. 13. Consideration of Award for the WWTP Effluent Flow Meter Vault Project Bid ($118,800.00). MOTION BY MCKINLEY, seconded by Henry, that Council award the WWTP Effluent Flow Meter Vault Project bid to Lillard & Clark Wyoming, Laramie, WY in the amount of $118,800.00 plus a contingency amount of $12,000.00, for a total amount not to exceed $130,800.00, to approve the contract therefore, 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. 14. Consideration of Award for the Specific Purpose Tax Phase 3-Bid Schedule 1 Project Bid ($707,489.23). MOTION BY HENRY, seconded by Hanson, that Council award the Specific Purpose Tax Phase 3 Bid Schedule 1 Project to Hamaker Excavation, Laramie, WY, in the amount of $707,489.23 plus a contingency of $106,123.51 for a total amount not to exceed $813,612.74, to approve the contract therefore, 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 Consideration of Award for the Specific Purpose Tax Phase 3-Bid Schedule 6 Project Bid ($743,178.43). ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING March 05, 2013 Page 7 MOTION BY HENRY, seconded by Hanson, that Council award for the Specific Purpose Tax Phase 3, Bid Schedule 6 Project to Simon Contractors, Cheyenne, WY in the amount of $743,178.43 plus a contingency of $37,150.00 for a total amount not to exceed $780,328.43, to approve the contract therefore, 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. 16. Consideration of Award for the Specific Purpose Tax Phase 2-Bid Schedule 9 Project Bid ($398,909.50). MOTION BY HENRY, seconded by Weaver, that Council award the Specific Purpose Tax Phase 2 Bid Schedule 9, Alley Rehab to Hamaker Excavation, Inc., of Laramie, WY, in the amount of $398,909.50, plus a contingency of $39,890.95 for a total amount not to exceed $438,800.45, to approve the contract therefore, 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. 17. Resolution No. 2013-25, City Council Goals 2013-14. The City Clerk read Resolution No. 2013-25 by title only. A RESOLUTION ESTABLISHING CITY GOALS FOR 2013 AND 2014 FOR THE CITY OF LARAMIE MOTION BY VITALE, seconded by Weaver, that Council approve the Resolution 2013-25, establishing City Goals for 2013 and 2014 for the City of Laramie, and authorize the Mayor and City Clerk to sign. MOTION BY VITALE, seconded by Hanson, that Council amend that the Administration provide cost estimates and funding strategy for the goals to be considered during our 2013 – 2014 Budget Session. Roll call ON PROVIDING COST showed Aye: Henry, Pearce, Vitale, Hanson, Weaver, and Paulekas. Nays: McKinley, Kempert, and Shumway. Absent: None. MOTION CARRIED. MOTION BY HENRY, seconded by Weaver, that Council amend the first blue one that says “Adopt Revitalization Plan for the Near West Side Neighborhood” to change to read “Adopt Revitalization Plan for West Laramie”. Roll call ON REVITALIZATION PLAN showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. MOTION BY HENRY, seconded by Vitale, that Council amend (the second red one) to place into General Governance section from Community & Economic Development, and here is the goal: “Evaluate renewable energy and efficiency standards for all City projects.” Roll call showed Aye: Henry, Pearce, Kempert, Vitale, Hanson, Weaver, and Paulekas. Nays: McKinley and Shumway. Absent: None. MOTION CARRIED. MOTION BY HENRY, seconded by Weaver, that Council amend under Community & Economic Development by adding “Prepare a West Side Overlay for the Planning and Zoning of the West Side Neighborhood.” ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING March 05, 2013 Page 8 Roll call showed Aye: Henry, Pearce, Vitale, and Weaver. Nays: McKinley, Kempert, Hanson, Shumway, and Paulekas. Absent: None. MOTION FAILED. Roll call ON MAIN MOTION AS AMENDED showed Aye: Henry, Pearce, McKinley, Kempert, Vitale, Hanson, Shumway, Weaver, and Paulekas. Nays: None. Absent: None. MOTION CARRIED. 17A. Explanation of the Civil Service Commission Procedure by the City Attorney. MOTION BY WEAVER (no Second), that Council bring a discussion to the floor, the discussion being on the Procedure of the Civil Service Commission Appeals Process. (No Vote). 18. Consideration of future Council Work Session topics. None. 19. Public Comments on Non-Agenda Items by sign-in requests. Tim Hale read a letter from a Ms. Jones concerning Judge Lopez.. He also talked about littering on 9th Street by the landfill, and is doing a Public Records Request. 20. Adjourn to Executive Session for potential litigation and personnel. MOTION BY HANSON, seconded by Kempert, that council Adjourn to Executive Session for potential litigation and personnel. MOTION CARRIED by voice vote. Council adjourned to Executive Session at 9:52 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk