January
Minutes
of the Proceedings
Board of County Commissioners
Prepared by the Office of the Clerk of Laramie County
|
Tuesday,
January 15, 2008 |
Minutes of the Proceedings
Board of County Commissioners
Prepared by the Office of the Clerk of Laramie County
Laramie County Wyoming
Tuesday, January 15, 2008
00 The Laramie County Board of Commissioners met in
regular session Tuesday, January 15, 2008. Those in
attendance were Commissioner Jeff Ketcham, Chairman;
Commissioner Jack Knudson, Vice-Chairman;
Commissioner Diane Humphrey; County Attorney Mark
Voss; Assistant County Attorney Tony Reyes; County Clerk
Debbye Lathrop and Chief Deputy County Clerk Rhonda
Bush.
Those signing the register were Bill Storms; Agnes Storms;
Martin Matsen, City/County Development; Jim Cochran,
LCCD; Gus Lopez, Cheyenne Laramie County Health
Department; Gary M. Hickman, Cheyenne Laramie County
Health Department-Environmental Health; Jodi Rogstad,
WYOMING TRIBUNE EAGLE; Jim Reher; Jim Williamson;
Greg & Emily Cantrell; Joe Allen; James Hoffman; Traute
Hoffman; Arnold L. Lutz; Marlene Atchison, LCFD #2;
Tracy Rue, LCFD #2; Cambia Talbot Laramie County
Planning; Rick Fortney, I.T.; Kim Lovett, Treasurer; Jacob
E. Sones; Colleen Tyson; Chad Tyson; Pam Wilson;
Marilyn Thomasee, #1 Properties; Dallace W. Uunger, Jr.;
Jillianne Wilkinson; Brad Cohen; Jodi Milbourn, Laramie
County Fair Board; Brett Bauman, Laramie County Fair
Board; Marc Woods, Horizon Homes; Caroline Ross; Guy
Cameron, Cheyenne Fire & Rescue; Jeff Pallok, Cheyenne
Fire & Rescue; Bill Long, Laramie County Sheriff's Dept;
Jeff Jones, Steil Surveying; Dr. Tim Sheehan, Medicine
Wheel Acupuncture; James Childress, Medicine Wheel
Acupuncture; Sean Colher, Medicine Wheel Acupuncture;
Joe Gerber, Medicine Wheel Acupuncture; Kathy Boltz.
01 Commissioner Knudson moved to approve the Minutes of
Proceedings for December 18, 2007. Commissioner
Humphrey seconded the motion, which passed
unanimously.
02 Commissioner Knudson moved to authorize publication of
full-time personnel positions and salaries pursuant to W.S.
18-3-516(b). Commissioner Humphrey seconded the
motion, which passed unanimously. Documentation is
filed in central files with the County Clerk.
03 Commissioner Humphrey moved to approve the Laramie
County Zoning Map updated as of January 1, 2008 in
accordance with Section 30.010 of the Cheyenne and
Laramie County Zoning Ordinance-1988. Commissioner
Knudson seconded the motion, which passed
unanimously. The map is filed in central files with the
County Clerk.
04 County Treasurer Kim Lovett presented the Certificate of
County Warrants or Order Cancellation for 2007.
Commissioner Humphrey moved to approve the Certificate
of County Warrants or Order Cancellation. Commissioner
Knudson seconded the motion, which passed
unanimously. Documentation is filed in central files with
the County Clerk.
05 Commissioner Knudson moved to approve the quarterly
reports for Bureau of Justice Assistance Grants
(2006DJBX0524 & 2007DJBX1399). Commissioner
Humphrey seconded the motion, which passed
unanimously. Documentation is filed in central files with
the County Clerk.
06 Commissioner Knudson moved to approve a resolution
adopting a revised Laramie County Personnel Policy to be
effective January 1, 2008. Commissioner Humphrey
seconded the motion, which passed unanimously.
Documentation is filed in central files with the County
Clerk.
07 County Planner Gary Kranse provided background and a
brief history of the current working relationship between
the City of Cheyenne and Laramie County for the operation of the City/County Development Office and the City Building Department governing building permitting
and inspections. The current Memorandum of
Understanding for these operations is expired. The City of
Cheyenne has required an increase in building permit
fees in order to consider a new MOU or any continued
joint operation. Mr. Kranse reviewed the pros and cons for
continuing a joint operation versus creating a County-only
operation. Chairman Ketcham asked Mr. Kranse to read
into the record the resolution "Establishing, Authorizing,
and Funding positions within a new County agency to be
known as the Laramie County Planning and Development
Office." Commissioner Knudson inquired if it would be
possible to have a viable building inspection process and
staff in place by February 29, 2008. Mr. Kranse responded
that he believes there is time to get the infrastructure in
place by February 29, 2008. Commissioner Humphrey
moved to approve the resolution. Chairman Ketcham
seconded the motion and opened the meeting to public
comment. Commissioner Knudson chose to comment by
stating he was philosophically opposed to having two
departments and thinks developers will be losing the "one
stop" advantage and that in the long run, operation of two
departments will ultimately cost the citizens more, but
because it is evident there will be both a City and a
County department, he will vote in favor of the motion.
Chairman Ketcham commented that he believes that
when a fee is raised to a point there is a profit, it becomes
a tax and while municipalities can raise fees without
justification, counties cannot. If the recommendations of
the auditors assessment had been followed and the
building and development departments had been
operated as an enterprise fund, we would not need to
establish a separate department. Chairman Ketcham also
stated the citizens are being subjected to double taxation
when both a property tax and a fee are being used to pay
for the same services. Marc Woods spoke about contractor
licensing, which he understands is not in the purview of
the County, but recommended requiring builders to have
insurance. He also stated he believes it will be more cost
effective for developers to have separate operations, and
he believes this is the opportune time to create a County
department. There being no other public comment, the
Chairman called for the vote. The motion passed
unanimously. The resolution is filed in central files with
the County Clerk.
08 Jeff Wiggins, City of Cheyenne Parks and Recreation,
presented a resolution supporting submission of an
application to the Wyoming Department of Transportation,
Safe Routes to School (SRTS) Program for the Arp
Elementary Pathway. Commissioner Knudson moved to
approve the resolution. Commissioner Humphrey
seconded the motion, which passed unanimously. The
resolution is filed in central files with the County Clerk.
09 Commissioner Humphrey moved to approve a resolution
authorizing submission of a sub-grant application by the
Laramie County Board of Commissioners to the Wyoming
Office of Homeland Security for Federal Pre-Disaster
Mitigation Funds for Fiscal Year 2008 in the amount of
$2,186,250 with a County match requirement in the
amount of $728,750 which would come from the Public
Works Department; the grant is a 75/25 grant and would
be used to mitigate flooding along the Allison Draw flood
plain. Commissioner Knudson seconded the motion,
which passed unanimously. The resolution is filed in
central files with the County Clerk.
10 Commissioner Humphrey moved to approve an agreement
and addendum between Laramie County and the
Wyoming County Commissioners Association to fund a
City/County Juvenile Compliance and Diversion Officer
through a sub-grant of the Department of Justice, Office of
Juvenile Justice and Delinquency Prevention in the
amount of $83,200 to run through March 31, 2009.
Commissioner Knudson seconded the motion, which
passed unanimously. After obtaining all signatures, the
agreement/addendum is to be filed in central files with
the County Clerk.
11 Commissioner Knudson moved to approve an agreement
and addendum between Laramie County and the City of
Cheyenne, Office of Youth Alternatives, to fund a
City/County Juvenile Compliance and Diversion Officer
under a sub-grant through the Wyoming County
Commissioners Association from the Department of
Justice, Office of Juvenile Justice and Delinquency
Prevention in the amount of $83,200 to run January 1,
2008 through March 31, 2009. Commissioner Humphrey
seconded the motion, which passed unanimously. After
obtaining all signatures, the agreement/addendum is to
be filed in central files with the County Clerk.
12 Commissioner Knudson moved to approve a contract
between Laramie County and Business Express for the
printing and binding of "The 2008 Laramie County Map
and Address Book." Commissioner Humphrey seconded
the motion, which passed unanimously. The contract is
filed in central files with the County Clerk.
13 Commissioner Humphrey moved to approve an addendum
to Facts Version Management Program Upgrade between
Laramie County and Tiburon, Inc. in the amount of
$12,450. Commissioner Knudson seconded the motion,
which passed unanimously. The addendum is filed in
central files with the County Clerk.
14 Commissioner Knudson moved to approve an addendum
and agreement between Laramie County and
Wyoming.com for internet services in the amount of
$416.28 per month for six months with a start up fee of
$381.47. Commissioner Humphrey seconded the motion,
which passed unanimously. The addendum/agreement is
filed in central files with the County Clerk.
15 Commissioner Humphrey moved to approve an agreement
between Laramie County and Attorney Megan Overmann
Goetz to provide Attorney Guardian Ad Litem Services to
meet the County's statutory obligations to pay reasonable
compensation for services and costs of Guardian Ad
Litems appointed by the Laramie County District Court
W.S. 14-6-235 in the amount of $100 per hour to run
January 1, 2007 through June 30, 2008. Commissioner
Knudson seconded the motion, which passed
unanimously. After obtaining all signatures, the
agreement is to be filed in central files with the County
Clerk.
16 Commissioner Knudson moved to approve an amendment
to an agreement (071218-08) between Laramie County
and GreatAmerica for the copier in the County Clerk's
Recording Department in the amount of $37 per month to
run January 1, 2008 through December 31, 2013.
Commissioner Humphrey seconded the motion, which
passed unanimously. After obtaining all signatures, the
amendment is to be filed in central files with the County
Clerk.
17 Commissioner Humphrey moved to approve an
amendment to an agreement (071218-09) between
Laramie County and Business Outfitters for the copier in
the County Clerk's Recording Department in the amount of
$37 per month to run January 1, 2008 through December
31, 2013. Commissioner Knudson seconded the motion,
which passed unanimously. The amendment is filed in
central files with the County Clerk.
18 Commissioner Knudson moved to approve a proposal for
services with Justice Solutions Group (JSG) to assist the
City of Cheyenne, The Wyoming Department of Family
Services and Laramie County, Wyoming by providing
needs assessment services to address the jurisdictions'
juvenile intake and detention need. The total proposed
amount is $20,740 with Laramie County being responsible
for 1/3 of the total costs. Commissioner Humphrey
seconded the motion, which passed unanimously. The
agreement is filed in central files with the County Clerk.
19 Commissioner Knudson moved to approve aMemorandum of Understanding between the City of Cheyenne and Laramie County to engage a consultant to
perform Emergency Medical Service Delivery Evaluation
with Laramie County's cost not to exceed $25,404 to run
through August 1, 2008. Chairman Ketcham invited City
of Cheyenne Fire Chief Guy Cameron to give a brief
timeline of the contract process. Mr. Cameron stated that
if the City Council gives approval, the contract work will
begin February 1st and be completed by August 1, 2008.
Commissioner Humphrey seconded the motion, which
passed unanimously. The agreement is filed in central
files with the County Clerk.
20 Commissioner Humphrey moved to approve an addendum
to Swanson Services Corporation's Commissary Service
Contract and Cobra Cashier Contract Addendum between
Laramie County and Swanson Services Corporation for
payment of sales made to the County at 29.75 percent of
commissary sales. Commissioner Knudson seconded the
motion, which passed unanimously. After obtaining all
signatures, the addendum is to be filed in central files with
the County Clerk.
21 Commissioner Humphrey moved to approve a resolution
appointing Kent Drake to the Laramie County Fair Board
for a five-year term beginning January 1, 2008 and
expiring December 31, 2013. Commissioner Knudson
seconded the motion, which passed unanimously. After
obtaining all signatures, the resolution is to be filed in
central files with the County Clerk.
22 Commissioner Knudson moved to approve a resolution
appointing Ross R. McKelvey as an Assistant Public
Defender in Laramie County effective December 20,
2006. Commissioner Humphrey seconded the motion,
which passed unanimously. The resolution is filed in
central files with the County Clerk.
23 Commissioner Knudson moved to approve a resolution
appointing Jodi Weppner to the Laramie County Adult
Community Correction Board for a term of four years to run
January 1, 2008 to December 31, 2011. Commissioner
Humphrey seconded the motion, which passed
unanimously. After obtaining all signatures, the resolution
is to be filed in central files with the County Clerk.
24 Commissioner Humphrey moved to approve a resolution
appointing Bob Rose to the Laramie County Adult
Community Correction Board for a term of four years to run
January 1, 2008 to December 31, 2011. Commissioner
Knudson seconded the motion, which passed
unanimously. The resolution is filed in central files with
the County Clerk.
25 Commissioner Humphrey moved to approved a resolution
appointing Dennis Brown to the Laramie County Adult
Community Correction Board for a term of four years to run
January 1, 2008 to December 31, 2011. Commissioner
Knudson seconded the motion, which passed
unanimously. After obtaining all signatures, the resolution
is to be filed in central files with the County Clerk.
26 Commissioner Humphrey moved to approve a resolution
appointing Sandi Vetter to the Laramie County Fair Board
to complete the term left vacant by the resignation of
Mike Clark to run January 15, 2008 to December 31, 2008.
Commissioner Knudson seconded the motion, which
passed unanimously. The resolution is filed in central
files with the County Clerk.
27 Billie Storms presented a resolution authorizing the
Chairman of the Board of Commissioners for Laramie
County, Wyoming, and the County Clerk, to sign a zone
change from District A-1: Agricultural and Rural
Residential to District NB: Neighborhood Business for
Tract 18, except the north 10-feet thereof, Cynthia Acres,
Laramie County, Wyoming (located at the southwest
corner of the intersection of Ridge and East Four Mile
Roads). Mr. Storms stated the purpose of the zone change
is to allow for the operation of an acupuncture and martial arts training business. Lisa Pafford, City/County Development Office, presented the staff report and stated
approval of the request would result in spot zoning. On
December 3, 2007, the Planning Commission voted to
approve the zone change with two members voting
against the request. County Planner Gary Kranse
concurred that rezoning the property would result in spot
zoning, and he stated he does not support the request.
County Attorney Mark Voss stated he had reviewed case
law for spot zoning and it has been deemed by a number
of courts to be spot zoning. If the zone change were
requested, the residential use would have to cease and
there is no way to enforce that. Gary Kranse stated a PUD
zoning may be a better choice of a zone change,
although it would still amount to spot zoning.
Commissioner Humphrey inquired as to whether or not the
Planning Commission was informed of the spot zoning
issue. Mr. Kranse stated that they were, but that issue did
not appear to be considered in their deliberations. Gary
Hickman, City/County Health Department, stated there is a
requirement for a licensed engineer to review the septic
system as the use is going from a residential to a
commercial use. Chairman Ketcham directed the Board's
attention to letters and a petition that had been received
from other citizens opposing the zone change request and
opened the meeting as a PUBLIC HEARING. Those
speaking against the zone change included: Greg
Cantrell, 7400 Ridge Road; Kathy Sherman-Bolts, 7118
Ridge Road; Joe Hoffman, 7416 Ridge Road; Jim Braer,
7602 Ridge Road; and Emily Cantrell, 7400 Ridge Road.
The concerns voiced included opposition to a spot zone
change a residential use to a business use; there being no
control of the use of the property into the future; traffic
concerns due to the speeds on Four Mile and Ridge Road
with no designated turn lanes; one zone change approval
would set a precedence and allow others in the
subdivision to apply for zone changes. Those speaking in
favor of the zone change included: Dallace Uunger, Jr.,
1936 Jameson Drive, Ft. Collins, Colorado; Brad Cohen,
Evans Colorado; Jacob Scones, 4301 Spiker Road; James
Childress; and Dr. Tim Sheehan. All spoke to the virtues
of acupuncture and the disciplines taught by Dr. Sheehan
and stated there would be little traffic impact or other
detrimental affects on the neighborhood from the
operation of the business. County Planner Gary Kranse
stated a neighborhood business zoning is not appropriate
for the area and a PUD may be a better zone choice, but
he would need to review more carefully the specific
impacts of the clinic and martial arts school. To clarify the
uses permitted in a NB District, Lisa Pafford read through
the regulations. Chairman Ketcham closed the PUBLIC
HEARING. Commissioner Knudson stated that the
decision is not on the particular business being considered
at this time, but on a zone change for the property.
Commissioner Humphrey moved to deny the resolution
authorizing the Chairman of the Board of Commissioners
for Laramie County, Wyoming, and the County Clerk, to
sign a zone change from District A-1: Agricultural and
Rural Residential to District NB: Neighborhood Business
for Tract 18, except the north 10-feet thereof, Cynthia
Acres, Laramie County Wyoming. Chairman Ketcham
suggested the applicant consider a PUD zoning which is
more restrictive. Commissioner Knudson seconded the
motion, which passed unanimously. Documentation is
filed in central files with the County Clerk.
28 Jeff Jones, Steil Surveying Services, agent for the
applicant, presented a County Final Plat and Subdivision
Permit of Christensen Tracts, 3rd Filing, a portion of the
E1/2NE1/4SW1/4 of Section 19, T.14N., R.65W., 6th
P.M., Laramie County, Wyoming (located at 5200 Allan
Road, north of Vera Lane, east of Craigy J Drive). This is
a subdivision of one parcel into two lots. Lisa Pafford,
City/County Development Office, gave the staff report and
recommended approval with the following conditions: 1)
Resolve surveyor comments prior to signatures being
placed on the plat map; 2) Resolve easement issue with
High West Energy; 3) Tie down dimension on north
drainage easement. On December 3, 2007, the Planning
Commission voted to approve with conditions 1-3. On December 20, 2007, the Cheyenne City Council approvedthe Final Plat and Subdivision Permit with conditions 1 through 3. Chairman Ketcham opened the meeting as a
PUBLIC HEARING. Hearing no PUBLIC COMMENT, the
Chairman closed the PUBLIC HEARING. Commissioner
Knudson moved to approve the final plat and subdivision
permit of Christensen Tracts, 3rd Filing subject to
conditions 1 through 3. Commissioner Humphrey
seconded the motion, which passed unanimously.
Documentation is filed in central files with the County
Clerk.
29 Marlene Atchison, Fire Chief for Fire District #2, presented
a County Site Plan for Laramie County Fire District No. 2,
Station No. 1, the south 400' of east 220' of Tract 28, Dell
Range Addition, 2nd Filing, Laramie County, Wyoming
(located at 5800 North College Drive). The Fire District
has had a building donated to be used as a training
facility and to house additional equipment. Lt. Tracy Rue
answered questions posed by the Board. Chairman
Ketcham asked the type of construction of the donated
building and Lt. Rue responded that it is a metal building
similar to the current headquarters building. Lisa Pafford,
City/County Development Office, gave the staff report and
recommended approval with the following revisions: 1)
Twenty street trees are required along North College
Drive; 2) Eleven street trees are required along Thomas
Road; 3) Eighty-eight internal trees are required; 4) A
twenty-five foot landscape strip is required between the A-
1 and P zone district; 5) A fifteen foot landscape strip is
required along the property line adjacent to North College
Drive except where there is an access; 6) The parcel
boundary depicted on the site plan is incorrect--please
provide accurate property boundaries; 7) The site plan is
required to include the height of existing and proposed
buildings. A building permit and zoning certificate are
required for each building prior to starting construction
The required landscaping shall be planted prior to
issuance of a Certificate of Compliance. Lt. Rue stated
the District will be requesting a reduction in the
landscaping requirements along College Drive and
Thomas Road due to safety concerns. County Planner
Gary Kranse recommended addressing the variance in
landscaping requirements be treated in a separate action.
County Attorney Mark Voss suggested postponing action
on the site plan until the landscaping variance can be
incorporated into the site plan. Lt. Rue requested going
forward with the site plan action today and considering a
landscaping variance at another time. Lisa Pafford
explained the proper sequence in order to obtain a
Certificate of Compliance. Jim Cochran, Laramie County
Conservation District, recommended meeting the
landscaping requirements with limitation on the height of
the trees or shrubs and the District could install the
landscaping. Chairman Ketcham opened the meeting as
a PUBLIC HEARING. Hearing no public comment, the
Chairman closed the PUBLIC HEARING. Commissioner
Knudson moved to approve the County Site Plan for
Laramie County Fire District No. 2, Station No. 1, with
requirements 1 through 7 as recommended by the
Development Office. Commissioner Humphrey seconded
the motion, which passed unanimously. Documentation is
filed in central files with the County Clerk.
30 Commissioner Humphrey moved to approve warrants in
the amount of $1,028,786.46 for December 2007.
Commissioner Knudson seconded the motion, which
passed unanimously. Documentation is filed in central
files with the County Clerk.
31 Commissioner Humphrey moved to approve the following
part-time salaries in the amount of $26,645.97 for
December 2007: Planning, $993.60; Public Works,
$1,483.20; Extension Agent, $1,385.10; Buildings &
Grounds, $8,245.50; Information Technology, $1,100.00;
County Clerk, $2,356.04; County Treasurer, $2,524.80;
County Jail, $7,457.73; County Coroner, $1,100.00.
Commissioner Knudson seconded the motion, which
passed unanimously.
32 Commissioner Knudson moved to approve the following fees collected by various County entities for November 2007: Clerk of District Court, $19,744.66; Sheriff,
$58,251.51; Circuit Court, $93,041.25; City/County
Development Office, $2,120.40; Planning, $127.00;
County Clerk, $73,931.10. Commissioner Humphrey
seconded the motion, which passed unanimously.
Commissioner Humphrey moved to adjourn the meeting.
Commissioner Knudson seconded the motion. The
meeting adjourned at 6:02 p.m.
CERTIFICATION
I, Debra K Lathrop, Clerk of Laramie County, do hereby certify the above to be a true and correct copy
of the Minutes of the Proceedings for Tuesday, January 15, 2008
Approved by : Debra K. Lathrop
This information is available in alternate forms. If reasonable accomodations are required, contact Laramie County Human Resources, 310 West 19th Street, Cheyenne, WY 82001, (307)633-4355
within a reasonable time.