May
Minutes
of the Proceedings
Board of County Commissioners
Prepared by the Office of the Clerk of Laramie County
Thursday, May 31, 2007
00 The Laramie County Board of Commissioners met in
special session as the County Board of Equalization at
3:30 p.m. on May 31, 2007. those in attendance were
Commissioner Jeff Ketcham, Chairman; Commissioner
Jack Knudson, Vice Chairman; County Attorney Mark
Voss; County Assessor Brenda Arnold; Chief Deputy
Assessor Janet Knox; and County Clerk Debbye Lathrop.
Commissioner Diane Humphrey was excused.
01 County Assessor Brenda Arnold presented the 2007
abstract of assessment roll to the Board of Commissioners
which convened as the County Board of Equalization.
Mrs. Arnold stated that local assessed values rose by
6.83% over the 2006 valuation and that nearly 30,000
acres of agricultural land had been removed from
production in the past two years due to landowners
subdividing the land causing it to be valued at fair market
value. 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 2007 abstract of local
assessed values. Chairman Ketcham seconded the
motion which passed unanimously.
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 forThursday, May 31, 2007
Approved by : Debra K. Lathrop, County Clerk
Reviewed by : Jeff Ketcham, Chairman,Board of County Commissioners
Tuesday, May 15, 2007
00 The Laramie County Board of Commissioners met in
regular session Tuesday, May 15, 2007 at 3:30 p.m.
Those in attendance were Commissioner Jeff Ketcham,
Chairman; Commissioner Diane Humphrey; County
Attorney Mark Voss; Assistant County Attorney Tony Reyes;
County Clerk Debbye Lathrop and Chief Deputy County
Clerk Rhonda Bush. Commissioner Jack Knudson was
excused.
Those signing the register were Jackson Stewart, True
Ranches; Don Beard, Laramie County Public Works; Bob
McCue, Speight & McCue; Butch Marlin, B & M
Construction; Gary M. Hickman, City/County Health
Department-Environmental Health; Paula Rueter; Alan S.
Mort; Tap Jennings; Frank Elliott; John Kluever, Grants
Manager; Randy Oestman, Boys & Girls Club; Ben Laws,
Fireworks Outlet; Jim Dodson, Porter Muirhead Cornia &
Howard; Paula Qualls, SCCDA; Joyce Pukash, GIS
Cooperative; Chris Wegner, Building/Maintenance; David
Flood, Communications; Lori Schoene; Martin Matsen,
City/County Development; Dan Zwonitzer, Wyoming
Legislator; Rick Fortney, Information Technology; Andrew
Smits, Terracon; Kurt Zunker, Drug Court; Fernando
Muzquiz, DUI Court; Brad Emmons, AVI; Kim Lovett,
Treasurer; Ken Lewis, City of Cheyenne; Jodi Rogstad,
WYOMING TRIBUNE/EAGLE; Aaron Courtney, 1st
National Bank; Robert Cook, Accounting; Kara Brighten,
Hageman & Brighten Pl; Patty Epler.
01 Commissioner Humphrey moved to approve the Minutes
of Proceedings for May 1, 2007. Commissioner Ketcham
seconded the motion, which passed unanimously.
02 Grants Manager John Kluever stated the purpose of
today's PUBLIC HEARING was to take comment and hear
proposals for the 2007 Community Development Block
Grant Program through the Wyoming Business Council.
Randy Ostmann, Executive Director of the Boys and Girls
Club of Cheyenne, presented a request for the Board of
Commissioners to sponsor a grant application in the
amount of $300,000 to assist in funding construction of a
new facility for the Boys and Girls Club. Chairman
Ketcham opened the meeting as a PUBLIC HEARING.
Paula Qualls, SCCDA, spoke in favor of the project and
endorsed the application for funding. Hearing no other
public comment, the Chairman closed the PUBLIC
HEARING. Commissioner Humphrey moved to accept the
project for funding through the CDBG. Commissioner
Ketcham seconded the motion, which passed
unanimously. Documentation is filed in central filed with
the Laramie County Clerk.
03 Jim Dodson, Porter, Muirhead, Cornia and Howard,
presented the 2006 audit for Laramie County. Mr. Dodson
stated the County had a clean report, with no reportable
conditions. The internal controls within Laramie County
are well-designed and adequate to protect the County's
assets. The compliance audit for those transactions that
came up during the sampling indicated full compliance
with federal regulations. Mr. Dodson also stated John
Kluever does an excellent job with the compliance issues
on all the federal grants and programs. In layman's terms,
this is the best type of audit report a County can receive.
Financially, the daily cost out of the General Fund to
provide services is $56,560 per day, which compares to
$57,047 a year ago. Based on the daily cost to operate,
the reserve amount should be a minimum of 62 days; last
year, using the entire cash number, it came to 158 days
prior to carving out designated reserves. Chairman
Ketcham stated that it is good to have on record the
reason that Counties do need cash reserves, especially in
these times when the State Legislature is questioning the
amount of reserves held by cities, towns, and counties. Commissioner Humphrey moved to accept the FY 2006
audit report. Commissioner Ketcham seconded the
motion, which passed unanimously. The audit is filed in
central files with the County Clerk.
04 Public Works Director Don Beard presented the viewer's
report regarding a petition to change the name of
Prosperity Drive to Veta Drive. Mr. Beard stated he had
received no adverse comments on this request and
recommended approval of the name change.
Commissioner Humphrey moved to accept the viewer's
report and set the public hearing date for June 19, 2007.
Commissioner Ketcham seconded the motion, which
passed unanimously. Documentation is filed in central
files with the County Clerk.
05 County Clerk Debbye Lathrop presented the Fiscal Year
2008 preliminary budget message, stating the General
Fund requests exceed available revenues by nearly $3
million and that other funds, which will require work to
bring into balance, include the 1% Optional Sales Tax
Fund. Commissioner Humphrey moved to accept the
preliminary budget message. Commissioner Ketcham
seconded the motion, which passed unanimously.
06 County Attorney Mark Voss presented a petition for the
establishment of County roads within Cimmaron Estates
Subdivision pursuant to W.S. 24-3-101 and recommended
the Board accept the petition and appoint a viewer as
well as asking the petitioner to pay for the viewer's
expense. Commissioner Humphrey moved to accept the
petition, appoint Benchmark Engineering as viewer, and
set the date to hear the viewer's report on July 3, 2007.
Commissioner Ketcham seconded the motion, which
passed unanimously. Documentation is filed in central
files with the County Clerk.
07 Commissioner Humphrey moved to approve a resolution
approving the submission of a Community Development
Grant on behalf of the Boys and Girls Club of Cheyenne in
the amount of $300,000. Commissioner Ketcham,
confirming that the Boys and Girls Club had the required
25 percent match, seconded the motion, which passed
unanimously. The resolution is filed in central files with
the County Clerk.
08 Commissioner Humphrey moved to approve a resolution
approving the Fiscal Year 2008 Laramie County Capitol
Improvement Plan. Commissioner Ketcham seconded the
motion, which passed unanimously. The resolution is
filed in central files with the County Clerk.
09 Commissioner Humphrey moved to approve an addendum
to modify the agreement between Laramie County and
Corporate Protective Service to provide and perform the
installation and programming of software upgrade
"IdentalPASS+" for the security system at the
Governmental Complex in the amount of $5,910 to be
funded through Homeland Security grant funds.
Commissioner Ketcham seconded the motion, which
passed unanimously. The addendum is filed in central
files with the County Clerk.
10 Commissioner Humphrey moved to approve a mortgage
between Laramie County and Howard & Susan Chaires as
a requirement for participation in the Laramie County
Home Rehabilitation Program in the amount of $9,550 to
run Mary 15, 2007 to May 15, 2012. Commissioner
Ketcham seconded the motion, which passed
unanimously. The mortgage is recorded in the Real
Estate Recording Office.
11 Commissioner Humphrey moved to approve a Juvenile
Housing Agreement between Laramie County and Jeffrey
C. Wardle Academy, Inc., in the amount of $27,000 per
month to run July 1, 2007 through June 30, 2008.
Commissioner Ketcham seconded the motion, which
passed unanimously. After obtaining all signatures, the
agreement is to be filed in central files with the County
Clerk.
12 Commissioner Humphrey moved to approve the 2007 "Wildland Fire Management Annual Operating Plan" for
Laramie County. Commissioner Ketcham seconded the
motion, which passed unanimously. After obtaining all
signatures, the Plan is to be filed in central files with the
County Clerk.
13 Commissioner Humphrey moved to approve a grazing
lease agreement for the Archer Complex between
Laramie County and Frank Thompson in the amount of
$24 per AUM to run to September 10, 2007.
Commissioner Ketcham seconded the motion, which
passed unanimously. The agreement is filed in central
files with the County Clerk.
14 Commissioner Humphrey moved to approve a mortgage
between Laramie County and Manuel & Lynette Vieyra as
a requirement for participation in the Laramie County
Home Rehabilitation Program in the amount of $6,090 to
run May 15, 2007 to May 15, 2012. Commissioner
Ketcham seconded the motion, which passed
unanimously. The mortgage is filed in central files with
the County Clerk.
15 Commissioner Humphrey moved to approve a
Memorandum of Agreement among Laramie County, City
of Cheyenne, and Board of Public Utilities to jointly fund
the GPS Framework Densification Project in the amount of
$75,000 with the County's portion being $25,000.
Commissioner Ketcham seconded the motion, which
passed unanimously. After obtaining all signatures, the
MOA is to be filed in central files with the County Clerk.
16 Commissioner Humphrey moved to approve a Legal
Services Agreement between Laramie County and
Attorney Robert Rose to provide representation to indigent
parents in cases of a conflict in representation between
the County's primary contractor, David Serelson, and the
parent in question with said services to be in accordance
with W.S. 14-3-422(b) and to comply with Laramie
County's obligation, pursuant to W.S. 14-3-434(b) in the
amount of $90 per hour. Commissioner Ketcham
seconded the motion, which passed unanimously. The
agreement is filed in central files with the County Clerk.
17 Commissioner Humphrey moved to approve a contract for
legal services between Wallace L. Stock, Attorney at Law,
and Laramie County to provide legal counsel to the
Laramie County Commissioners acting as the Laramie
County Board of Equalization as well as hearing officer for
the 2007 appeal hearings in the amount of $125 per
hour. Commissioner Ketcham seconded the motion,
which passed unanimously. The agreement is filed in
central files with the County Clerk.
18 County Attorney Mark Voss presented a request from
Judge Roberta Coates to separate the Fiscal Years 2007
financial allocation to Drug Court into two components,
one in the amount of $15,719.80 for DUI Court and the
remaining $33,930.20 to Drug Court. Mr. Voss indicated,
if approved, he would re-work the contract into two
contracts for signature. Commissioner Humphrey moved
to approve the request to fund both the Drug and DUI
Courts in the amounts presented. Commissioner Ketcham
seconded the motion, which passed unanimously. After
obtaining all signatures, the agreements are to be filed in
central files with the County Clerk.
19 Commissioner Humphrey moved to acknowledge receipt
of a claim submitted by Marvin Shue against the Laramie
County Sheriff's Department. Commissioner Ketcham
seconded the motion, which passed unanimously.
Documentation is filed in central files with the County
Clerk.
20 County Clerk Debbye Lathrop presented the following
2007-2008 Laramie County Liquor License applications:
Big Country Speedway Inc., Restaurant Liquor License;
Bunkhouse Bar, Retail Liquor License; Cheyenne Shrine
Club, Limited Retail Liquor License (Fraternal Club); The
Den Gentleman's Club, Retail Liquor License; Rockin
Rodeo Inc., Retail Liquor License; Little America Hotels &
Resorts, Retail Liquor License; Little Bear Inn, Retail
Liquor License; Moose Lodge, Limited Retail Liquor License (Fraternal Club); Terry Bison Ranch, Retail Liquor
License; Town & Country Supermarket Liquor, Retail
Liquor License; Tumbleweed Bar, Retail Liquor License;
VFW Post 4343, Limited Retail Liquor License (Veterans
Club); T-Joe's, Retail Liquor License; Forum 619, Limited
Retail Liquor License (Social Club); Travel Center of
America, County Retail; Horse Creek Liquor, Retail. Mrs.
Lathrop stated that the only exceptions to compliance
included delinquency on property taxes on the part of
Terry Bison Ranch, approval and final inspection of an
outdoor serving area at the Den Gentleman's Club, and a
request to withdraw the renewal and receive a refund of
the license fees by Horse Creek Liquor and recommended
approval of the licenses subject to satisfying the tax
delinquency and inspection of the serving area as well as
refund of the license fee, but not the advertising fee for
Horse Creek Liquor. Chairman Ketcham opened the
meeting as a PUBLIC HEARING. Hearing no public
comment, the Chairman closed the PUBLIC HEARING.
Commissioner Humphrey moved to approve the renewal
of the liquor license for all applicants except the Terry
Bison Ranch and the Den Gentleman's Club with approval
of those being subject to final compliance and moved to
approve a refund of the license fee to Horse Creek Liquors.
Commissioner Ketcham seconded the motion, which
passed unanimously. Documentation is filed in central
files with the County Clerk.
21 County Clerk Debbye Lathrop presented a Seasonal
Fireworks Permit Application submitted by Frank Elliott
d/b/a Fire King Fireworks located at 3203 West College
Drive, indicating the application and insurance bond were
approved and in place, property taxes are current;
however, a violation was noted during the inspection,
which needs to be resolved before the permit can be
released to the applicant. Chairman Ketcham opened the
meeting as a PUBLIC HEARING. Paula Qualls, SCCDA,
asked to go on record that the association is concerned
about all the fireworks stands and the potential for fires
when conditions are dry. Hearing no further public
comment, the Chairman closed the PUBLIC HEARING.
Commissioner Humphrey moved to approve the Seasonal
Fireworks Permit Application for Frank Elliott d/b/a Fire
King Fireworks subject to resolution with the Building
Department on a building permit for an awning that was
added to the existing building. Commissioner Ketcham
seconded the motion, which passed unanimously.
Documentation is filed in central files with the County
Clerk.
22 County Clerk Debbye Lathrop presented a Seasonal
Fireworks Permit Application submitted by Ben Laws, Jolly
Jacs LLC, d/b/a Fireworks Outlet located at 207 South
Greeley Highway, stating that all is in order on the
application, bond, inspections, and property taxes.
Chairman Ketcham opened the meeting as a PUBLIC
HEARING, noting that the comments made by Paula
Qualls on the previous agenda item would apply to this
item as well. Hearing no further public comment, the
Chairman closed the PUBLIC HEARING. Commissioner
Humphrey moved to approve the Seasonal Fireworks
Permit Application for Ben Laws d/b/a Fireworks Outlet.
Commissioner Ketcham seconded the motion, which
passed unanimously. Documentation is filed in central
files with the County Clerk.
23 County Clerk Debbye Lathrop presented a Seasonal
Fireworks Permit Application submitted by Ben Laws, Jolly
Jacs LLC, d/b/a Fireworks Outlet located at 333 West
College Drive stating that all is in order on the
application, bond, inspections, and property taxes.
Chairman Ketcham opened the meeting as a PUBLIC
HEARING, noting that the comments made by Paula
Qualls on the previous agenda item would apply to this
item as well. Hearing no further public comment, the
Chairman closed the PUBLIC HEARING. Commissioner
Humphrey moved to approve the Seasonal Fireworks
Permit Application for Ben Laws d/b/a Fireworks Outlet
located at 333 West College Drive. Commissioner
Ketcham seconded the motion, which passed
unanimously. Documentation is filed in central files with the County Clerk.
24 County Clerk Debbye Lathrop presented a Seasonal
Fireworks Permit Application submitted by Ben Laws, Jolly
Jacs LLC, d/b/a Fireworks Outlet located at 12700 I-80
Service Road, stating that all is in order on the
application, bond, inspections, and property taxes.
Chairman Ketcham opened the meeting as a PUBLIC
HEARING, noting that the comments made by Paula
Qualls on the previous agenda item would apply to this
item as well. Hearing no further public comment, the
Chairman closed the PUBLIC HEARING. Commissioner
Humphrey moved to approve the Seasonal Fireworks
Permit Application for Ben Laws d/b/a Fireworks Outlet
located at 12700 I-80 Service Road. Commissioner
Ketcham seconded the motion, which passed
unanimously. Documentation is filed in central files with
the County Clerk.
25 County Clerk Debbye Lathrop presented a Seasonal
Fireworks Permit Application submitted by Ben Laws, Jolly
Jacs LLC, d/b/a Pyro City located at 245 I-25 Service
Road, stating that all is in order on the application, bond,
inspections, and property taxes. Chairman Ketcham
opened the meeting as a PUBLIC HEARING, noting that
the comments made by Paula Qualls on the previous
agenda item would apply to this item as well. Hearing no
further public comment, the Chairman closed the PUBLIC
HEARING. Commissioner Humphrey moved to approve
the Seasonal Fireworks Permit Application for Ben Laws
d/b/a Pyro City located at 245 I-25 Service Road.
Commissioner Ketcham seconded the motion, which
passed unanimously. Documentation is filed in central
files with the County Clerk.
26 Commissioner Humphrey moved to approve a catering
permit submitted by Kimberly Chavez, Viper Inc., d/b/a
The Den located at 8 US Highway 85 for a bike run to be
held Saturday, June 23. Commissioner Ketcham
seconded the motion, which passed unanimously.
Documentation is filed in central files with the County
Clerk.
27 County Planner Doug Moore and City Planner Marty
Madsen stated that if approved, they would work out
contracts with the provider and a MOU with the City to
purchase SunGuard HTE Public Administration versions
3.0 and 4.0 planning and engineering application
software and consulting service, with the County's portion
not to exceed $30,000 and to be funded from the fiscal
year 2008 budget. Commissioner Humphrey moved to
approve the purchase. Commissioner Ketcham seconded
the motion, which passed unanimously. Documentation is
filed in central files with the County Clerk.
28 Agent for the applicant, Brad Emmons, presented a
Preliminary Plat of Chalk Bluff Estates, Section 3, T.12N.,
R.65W., 6th P.M., Laramie County, Wyoming (located
south of and adjacent to Chalk Bluff Road, east of Prosser
Ranch Road). The subdivision will contain a total of 72
lots, averaging approximately 7 acres each, with a total of
234 acres of open space. The developer has agreed with
several conditions recommended and approved by the
Planning Commission, including: 1) Comply with the six
recommendations in the traffic study, including left turn
lane on US 85; 2) Make the following map changes with
submittal of the final plat application (a) Label open
space tracts (b) Change lot designation to tracts (c) Show
all easements on the plat map; 3) Comply with County
Public Works comment; 4) Ownership of the open space
be divided evenly among all of the owners for property
assessment and tax purposes with the final plat; and 5)
Provide information requested by the Conservation District
with final plat application. The developer has received
a non-adverse recommendation letter from DEQ on
November 15, 2006. Lisa Pafford, City/County
Development Office, presented the staff report. The
proposed development will access Chalk Bluff Road at two
points and will be serviced by an internal road system
built to County standards and privately maintained. Each
tract will be served by private well and septic systems.
The Planning Commission approved the Preliminary Plat
on a vote of 6 to 2 with recommendations 1 through 5. On May 1, 2007, the Board of Commissioners postponed
action on this plat until May 15, 2007. Public Works
Director Don Beard stated his comments are included in
the staff recommendations, and he understands the
developer is agreeable to the comments. County Planner
Doug Moore commented that the density of the proposed
subdivision is not in compliance with the Laramie County
Comprehensive Land Use Plan, which recommends this
area for very low density which would be one dwelling per
35 acres. The proposed development's use of the open
space design could fit into the low density area, which
would be one dwelling per 10 to 35 acres. Commissioner
Humphrey asked the developer's agent how many lots
would be in the subdivision if it were designed to comply
with the low density or very low density requirements. Mr.
Emmons indicated the lots would be reduced to
approximately 60 with a 10-acre requirement and about
30 with a 20-acre requirement. Gary Hickman,
City/County Environmental Health, stated there are
concerns about areas where septic systems cannot be
located due to poor drainage in the areas. Chairman
Ketcham opened the meeting as a PUBLIC HEARING.
Paula Qualls, Planning Commission member, reported
that she voted against the preliminary plat due to it not
fitting the comprehensive plan and the concerns about
locating septic systems as well as water availability. Cara
Brighton, representing Curt and Patty Epler, stated her
clients are opposed to the project due to the density of the
proposed subdivision and concerns over the water
availability and requirements. Ms. Brighton also voiced
her clients' concerns about demands on County services
such as snow removal and maintenance of the County
roads in the area and, as a water lawyer, she understands
the potential for the aquifer to not be able to sustain the
number of wells required to service this development.
Chairman Ketcham asked Ms. Brighton if her clients would
oppose a development with 35 acre tracts, and Ms.
Brighton stated that because 35 acre tracts are allowable
in the comprehensive plan, her clients would not oppose
that type of development. W. Jackson Stewart,
representing True Ranches, stated his client's property
borders this proposed development on two sides, and his
client fears the section to the west would be a second
phase of this development, increasing the density. The
area is currently an agricultural production area and while
True Ranches would like the area to remain in an
agricultural use, they would not oppose a development of
35-acre tracts, which would fit the comprehensive plan.
Mr. Stewart read from a letter written by the DEQ speaking
to the necessary depth of wells to be drilled and one from
the State Engineer's Office on the minimum lot size for a
well, which they recommend at 8 acres. Bob McCue,
representing the developer, indicated that a
representative of Terracon is present and can speak to the
concerns about water availability and the description of
the well provisions can easily be placed in the covenants.
Mr. McCue stated the comprehensive land use plan is a
document to provide guidance and that the previous
County Planner was in favor of this particular
development. Mr. McCue presented a timeline going
back to July 1, 2006 at which time the original preliminary
plat of 975 acres divided into 139 lots was denied by the
Board of Commissioners. In response to that meeting and
comments from surrounding neighbors, the subdivision
was revised to comprise 648 acres with 72 residential lots.
Mr. McCue asked that the following be included in the
record: comparison of subdivision criteria of subdivisions
that have been approved and were not in compliance with
the comprehensive land use plan; documents he
delivered to Mark Voss; staff reports for each of the
subdivisions on the comparison criteria chart; a letter from
his office requesting the January 11, 2007 meeting with
the neighbors; another letter from his office inquiring of
surrounding landowners if they had a desire for the
subdivision to be a traditional 10-acre subdivision with 64
tracts; Mr. McCue offered to provide a copy of all
documents referred to the Clerk for the record. Mr. Voss
stated that all comments from today and the slides used
by staff today also become part of the record. Mr. McCue
stated a copy of the Terracon report was included in the
copy he was putting into record today. Andy Smith,
Terracon Consultants of Cheyenne, stated his firm was
retained by the developer to drill test wells for the purpose
of assessing water availability at the site. Two test wells were drilled to the bottom of the High Plains aquifer to
give them a greater sense of what the capability of the
aquifer would be and to protect the wells from the
agricultural practices of the surrounding area. The wells
were drilled to a depth of 500 feet, and a pump that was
installed in one of the wells produced continuously at a
rate of 20 gallons per minute for a period of 24 hours.
The observation well was completed in an identical
manner as the test well. They concluded that the draw
down after 40 years would be approximately 8-1/2 feet,
and they made the recommendation to the DEQ that
there was adequate water in the area to support the
subdivision and the DEQ reported that provided wells were
drilled to recommended specifications, water would be
available. Other wells in the area were drilled at
approximately 1/2 the depth of the test wells according to
documentation they were able to obtain. Commissioner
Ketcham asked what the applicant's intention was for the
land to the east of the proposed subdivision. Mr. Emmons
responded that he did not know what the developer's
intention was, but that it only makes sense to make
connectivity to adjacent lands. Applicant, Butch Marlin,
stated he did not have any future plans for the adjacent
1/2 Section at this time. Commissioner Humphrey asked
about the traffic impact to Campstool Road. Don Beard
responded that best guesses would be the impact would
be 640 car trips per day; he also indicated that the Fire
District did not respond to the request for comment;
however, recent subdivisions built some distance away
from an existing fire station were required to include
cisterns within the subdivision for fire fighting purposes.
Mr. Emmons stated they had met with the Chief for Fire
District No.1 early in the platting process at which time
they had a note on the plat map to include a 60 gallon
cistern in the subdivision. Patty Epler, 3795 Road 203
and a neighbor to the East, summarized the points made
today about roads, water, the comprehensive land use
plan, emergency services, and the long-range plan.
Commissioner Humphrey spoke about each plat having its
own unique circumstances and some fit within the land
use plan and some don't, but those circumstances can
cause the subdivision to make sense in relation to its
surrounding area. Hearing no further public comment, the
Chairman closed the PUBLIC HEARING and
recommended the Board reserve a decision until the next
meeting. Commissioner Humphrey moved to take the
Preliminary Plat under advisement and present a decision
at the first meeting in June. Commissioner Ketcham
seconded the motion ,which passed unanimously.
Documentation is filed in central files with the County
Clerk.
29 No one appeared on behalf of the applicant to present the
Variance Requests for a 19-foot side yard setback
variance to allow a 6-foot setback from the east property
line and a 17-foot rear yard setback variance to allow an
8-foot setback from the north property line for an accessory
structure on Lot 3, Block 3, Winchester Hills, 5th Filing,
Laramie County, Wyoming (located at 1011 Beverly Blvd).
County Attorney Mark Voss stated that failure of the
applicant to appear can result in denial of the request.
Commissioner Humphrey moved to deny the variance
requests due to the applicant's failure to appear on two
occasions. Commissioner Ketcham seconded the motion,
which passed unanimously. Documentation is filed in
central files with the County Clerk.
30 County Attorney Mark Voss presented an appeal of an
administrative decision in regard to the family exemption
decision of Section 70.025 of the Cheyenne/Laramie
County Subdivision Development Regulations 2000. The
applicant previously sold a portion of a tract of his property
to a son under the family exemption and due to personal
circumstances wished to sell a second portion to the same
son under the family exemption, which speaks to a "single gift or sale to a member of the landowner's immediate
family." The question at this time is whether or not a
second sale or gift would violate the intent of the statute.
Martin Matsen, City/County Development Director, stated
that Mr. Voss had summed up the problem nicely and that
while this particular situation is not likely an attempt to
circumvent the subdivision law, approval of a second lot
split for the same family member could set an untenable
precedence for the future. Mr. Matsen stated their
interpretation is that the subdivision regulations and the
statute do not give them the ability to make an exception
due to personal circumstance. County Attorney Mark Voss
stated that while approval of this request would not set a
legally binding precedence, if the Board decides in favor
in this situation, it will see this request in the future by
someone using it to circumvent the subdivision
regulations. Chairman Ketcham opened the meeting as a
PUBLIC HEARING. Paula Qualls, Planning Commission
member, spoke in opposition to granting the request as
the Planning Commission has had other requests to use
the family exemption in an improper manner. Hearing no
further public comment, the Chairman closed the PUBLIC
HEARING. Commissioner Humphrey moved to deny the
administrative decision made by the Development
Director. Commissioner Ketcham seconded the motion,
which passed unanimously. Documentation is filed in
central files with the County Clerk.
31 Paula Reeder, representing Overland Pass Pipeline
Company, presented a request for a Board Approval to
allow placement of a natural gas liquids pipeline on
portions of Sections 6, 7, 8, 9, 10, 13, 14, 15 & 24,
T.12N.; R.68W., Sections 1 & 2, T.12N., R.69W.; Sections
17, 18, 19, 20, 28, 29, 33, 34 & 35, T.13N., R.69W.;
Sections 7, 8, 13, 14, 15, 16, 17, & 24, T.13N., R.70W.,
6th P.M., Laramie County, Wyoming (located at the
southwest corner of Laramie County, between Buford,
Wyoming and the Colorado border). The pipeline is
under the oversight of the Bureau of Land Management
and will pass through approximately 20 miles of Laramie
County, crossing 20 parcels owned by 12 landowners, and
easement agreements are in place with all the landowners
without the use of eminent domain. Chairman Ketcham
opened the meeting as a PUBLIC HEARING. Public
Works Director Don Beard stated for the record that the
pipeline will cross a couple of County roads and permits
and inspections are required. Hearing no public
comment, the Chairman closed the PUBLIC HEARING.
Commissioner Humphrey moved to approve the proposed
placement of the natural gas liquids pipeline.
Commissioner Ketcham seconded the motion, which
passed unanimously. The Board Approval is recorded in
the Real Estate Recording Office.
32 Commissioner Humphrey moved to approve the disposal
of office/computer equipment and the transfer of a laser
jet printer to the Extension Office. Commissioner
Ketcham seconded the motion, which passed
unanimously.
33 Commissioner Humphrey moved to approve an agreement
between Laramie County and Tischler Bise Consultants in
an amount not to exceed $11,800 for a study to
determine the feasibility of a full study in regard to fiscal
impact fees in planning and development. Commissioner
Ketcham seconded the motion, which passed
unanimously.
34 Gary Hickman, City/County Health Department
Environmental Division, gave a brief report on the success
of the annual battery and tire clean up day. Commissioner Humphrey moved to adjourn the meeting.
Commissioner Ketcham seconded the motion. The
meeting adjourned at 5:59 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 forTuesday, May 15, 2007
Approved by : Debra K. Lathrop, County Clerk
Reviewed by : Jeff Ketcham, Chairman,Board of County Commissioners
Tuesday, May 01, 2007
00 The Laramie County Board of Commissioners met in
regular session Tuesday, May 1, 2007 at 3:30 p.m. 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 Long, Sheriff's Dept;
Anne Enright; John Enright; Lillian Harrower; David
Thompson, Fire Warden; Hugh Peltz; Butch Marlin, B & M
Construction; Bob McCue, Speight & McCue; Jim Silver,
Wyoming Livestock Board; Laurence C. Johnson; Pat
Branigan, Sheriff's Dept; Lori Millin, Legislature; Sheri
LaPratt, City/County Health Department; Randy Oestman,
Boys & Girls Club; Brad Emmons, AVI; John Kluever,
Grants Manager; Paula Qualls, SCCDA; Rick Fortney,
Information Technology; Jim Cochran, LCCD; Keith
Eldred, Polo Ranch Estates; Steve Perry, True Ranch
LCC; Frank Sanchez; Patty Epler.
01 Commissioner Humphrey moved to approve the Minutes
of Proceedings for April 17, 2007. Commissioner Knudson
seconded the motion, which passed unanimously.
02 Deputy County Attorney Tony Reyes presented a petition
for the establishment of County roads within Cimmaron
Estates Subdivision pursuant to W.S. 24-3-101. Chairman
Ketcham asked Public Works Director Don Beard to
comment on the petition. Mr. Beard stated the petition
appears to be in order and at this time, the Board could
accept the petition, appoint a viewer, and set a date for a
public hearing; however, the plat was recorded after the
time that the County ceased taking subdivision interior
roads into the maintenance system, so his
recommendation would be to not accept the petition.
Commissioner Humphrey stated there has been no
significant change in the County's circumstances since the
time when subdivision roads were no longer accepted into
the County system and moved to deny the petition.
Stating acceptance of this petition would set a
precedence, Commissioner Knudson seconded the
motion, which passed unanimously. Documentation is
filed in central files with the County Clerk.
03 Fire Warden Dave Thompson presented a request from
Laramie County Fire District No. 6 for fifth penny funds for
fire equipment in the amount of $20,000. The original
request was for $30,000; however, after other projects were
funded, the balance in the fund that would be available
for this project is approximately $19,940. Commissioner
Knudson moved to approve the request in the amount of
$20,000. Commissioner Humphrey seconded the motion,
which passed unanimously. Documentation is filed in
central files with the County Clerk.
04 Grants Manager John Kluever stated there was funding
available through the 2007 Community Development
Block Grant program offered through the Wyoming
Business Council. The grant has two purposes; one for
economic development and one for community
development. The purpose today is to make public
notification and take public comment. Chairman
Ketcham opened the meeting as a PUBLIC HEARING.
Hearing no public comment, the Chairman closed the
PUBLIC HEARING. At the next regular Board meeting,
potential applicants may make proposals.
05 Commissioner Humphrey moved to approve a radio
maintenance contract and addendum between Laramie
County and Communications Source for the Sheriff's
Department in the amount of $1,873 per month to run
July 1, 2007 through June 30, 2008. Commissioner Knudson seconded the motion, which passed unanimously. Documentation is filed in central files with the County Clerk.
06 Commissioner Knudson moved to approve an addendum
to the ServiceElite Master Service attachment between
Laramie County and IBM Corporation in the amount of
$4,544.04 to run April 2, 2007 to April 1, 2008.
Commissioner Humphrey seconded the motion, which
passed unanimously. The addendum is filed in central
files with the County Clerk.
07 Commissioner Humphrey moved to approve an extension
of a termination notice between Laramie County and WIC
from July 1, 2007 to December 31, 2007 in the amount of
$12,000. Commissioner Knudson seconded the motion,
which passed unanimously. Documentation is filed in
central files with the County Clerk.
08 Commissioner Humphrey moved to approve a Legal
Services Agreement between Laramie County and Tillie
Routh to provide representation to indigent parents in
cases of a conflict in representation between the County's
primary contractor, David Serelson, and the parent in
question in the amount of $90 per hour to run through
June 30, 2008. Commissioner Knudson seconded the
motion, which passed unanimously. The contract is filed
in central files with the County Clerk.
09 Commissioner Knudson moved to approve two malt
beverage permits for Burns Day, June 23, 2007 submitted
by Marcy Cochrane d/b/a Pronghorn Saloon.
Commissioner Humphrey seconded the motion, which
passed unanimously.
10 Gary Hickman, Environmental Health Division, presented
a request for a "hangar lot" septic system lot size variance
located at Skyview Airpark. Applicant Laurence Johnson
explained that he has obtained permission from an
adjacent landowner for an easement to place the septic
system on his land with a deed restriction. Chairman
Ketcham asked about potential impact on a future sale,
and Mr. Hickman stated the parties had been advised to
have an attorney involved to protect them in such a
situation. Lisa Pafford, City/County Development Office,
recommended the applicant determine whether or not a
site plan is necessary. 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 variance.
Commissioner Humphrey seconded the motion, which
passed unanimously. Documentation is filed in central
files with the County Clerk.
11 Frank Sanchez presented a County Final Plat and
Subdivision Permit of Carver Subdivision, 2nd Filing, a
replat of Lots 1 & 12, Block One, Carver Subdivision,
Laramie County, Wyoming (located north of and adjacent
to W. Prosser Road, at Stephanie Court). Chairman
Ketcham asked for a report from the Development Office.
Lisa Pafford presented the staff report and recommended
approval with the following conditions: 1) Provide newly
adopted FEMA map data per Laramie County Planning
Department; 2) Provide a 10' easement for Cheyenne
Light, Fuel and Power on the north 10' of Lot 2, Block
One; 3) Street improvements to include sidewalk, curb and
gutter for West Prosser; 4) Place a note on the final plat
that Lots 1 and 2, Block 1 shall have shared access from
West Prosser Road; 5) Developer shall submit street
frontage street plan to County Public Works for review and
approval prior to signatures being placed on the plat map.
The Planning Commission recommended approval with
staff recommendations one through five with an
amendment to condition 4 as follows: Place a note on
the final plat that Lots 1 and 2, Block 1 shall have shared
access from West Prosser Road, unless the County
Commissioners approve access onto Stephanie Court.
Public Works Director Don Beard recommended that two
lots have a shared access to West Prosser Road; the
subdivision regulations that are in place today require that
only 12 lots can access this type of road system. His recommendation was to approve with staff conditions one
through five. Chairman Ketcham opened the meeting as
a PUBLIC HEARING. Paula Qualls, Planning
Commission, explained the reasoning behind the
Commission's recommendation to change the access of
some of the lots to Stephanie from West Prosser Road; the
change would eliminate some additional access impact
on West Prosser Road. Don Beard stated the engineers
had worked with the applicant and determined there was
ample separation to make the driveway access points work
in the future during a redevelopment of the area. Hearing
no further public comment, the Chairman closed the
PUBLIC HEARING. Commissioner Knudson moved to
approve the County Final Plat and Subdivision Permit of
Carver Subdivision with conditions number one through
five. Commissioner Humphrey seconded the motion,
which passed unanimously. Documentation is filed in
central files with the County Clerk.
12 Deputy County Attorney Tony Reyes made a request that
the PUBLIC HEARING for a Preliminary Plat of Chalk Bluff
Estates, Section 3, T.12N., R.65W., 6th P.M., Laramie
County, Wyoming (located south of and adjacent to Chalk
Bluff Road, east of Prosser Ranch Road) be postponed
until May 15, 2007. Attorney for the applicant, Robert
McCue, asked for clarification on some conflicting
information about whether or not there would be an
opportunity for public comment today as they had met all
the requirements and obligations for notification. Deputy
County Attorney Tony Reyes stated the applicant would
not have to send out notifications again even with a
postponement. Commissioner Humphrey moved to
postpone consideration until the May 15th meeting.
Commissioner Knudson seconded the motion, which
passed unanimously.
13 No one appeared to present Variance Requests for a 19-
foot side yard setback variance to allow a 6-foot setback
from the east property line and a 17-foot rear yard setback
variance to allow an 8-foot setback from the north property
line for an accessory structure on Lot 3, Block 3,
Winchester Hills, 5th Filing, Laramie County, Wyoming
(located at 1011 Beverly Blvd). Commissioner Knudson
moved to postpone until the next regular meeting.
Commissioner Humphrey seconded the motion, which
passed unanimously.
14 Agent for the applicant, Jim Siler, presented a Variance
Request for a 25-foot side yard setback variance to allow a
zero-foot setback for an accessory structure on Tract 9,
North Hills, Laramie County, Wyoming (located at 8415
Powderhouse Road). The applicants wish to add hay
storage to the back of the barn, which was constructed
some time ago, but in order to do so, a setback variance
would be necessary. Mr. Siler stated the addition is
attractive and not noticeable as an addition and has been
approved by all the neighbors. Chairman Ketcham asked
Mr. Siler to address the five criteria required for a
variance to be approved. Anne Enright, applicant,
addressed the criteria as follows: 1) the barn was placed
prior to setback requirements and was situated to
maximize the lot for horse grazing and fits in with the
topography of the lot; 2) the applicants are not aware of
any other lots in the neighborhood that have that type of
barn and its placement is unusual in its location at an
angle to the fence; 3) she reiterated that the existing barn
was placed as the topography dictated and the logical
location for the hay storage would be at the north end of
the existing barn; 4) because the barn was there prior to
the setback rule, the applicant did not believe their
actions were in violation; 5) the barn is a good distance
back from the main road and the structures on the
adjacent property, so the addition would not hinder the
public health, safety, or welfare nor would it impair the
look of the neighborhood or impair the use of the adjacent
property as the addition is inside the fence without any
opening facing the neighboring property. Lisa Pafford,
City/County Development Office, gave the staff report and
stated the Board may grant the variance if it finds that all
the criteria have been met. Public Works Director Don
Beard reported that this property was part of a forced plat
with dedicated public rights of way; however, those rights of way are not included in the description of the property
and have not been deeded to any adjacent properties.
County Planner Doug Moore stated his opinion that there
were no unusual physical characteristics of this lot, and the
variance is not dictated by hardship conditions.
Chairman Ketcham opened the meeting as a PUBLIC
HEARING. Les Silvy, neighbor, stated the addition is
unobtrusive and has a nice appearance compared to
neighbors, who have abided by the setbacks and have
constructed outbuildings that are atrocious. He also
prefers the addition to the existing barn rather than
another structure on the property that would be in view
from his front porch. Hearing no further public comment,
the Chairman closed the PUBLIC HEARING.
Commissioner Knudson asked for clarification that all the
criteria had to be met and County Attorney Mark Voss
confirmed that as correct. Commissioner Humphrey
moved to approve the Variance Request. Chairman
Ketcham seconded the motion, which passed on a vote of
two in favor and one against, with Commissioner Knudson
casting the dissenting vote. Documentation is filed in
central files with the County Clerk.
15 Commissioner Humphrey moved to approve warrants in
the amount of $1,995,294.47 for April 2007.
Commissioner Knudson seconded the motion, which
passed unanimously. Documentation is filed in central
files with the County Clerk.
16 Commissioner Knudson moved to approve the following
part-time salaries in the amount of $30,614.23 for April
2007: Planning, $974.40; Public Works, $1,914.96;
Combined Communications, $412.11; Extension Agent,
$3,012.03; Buildings and Grounds, $8,942.35; County
Clerk, $1,716.68; County Treasurer, $2,476.01; Victim
Assistant, $1,335.00; Jail, $8,330.69; District Court,
$1,500.00. Commissioner Humphrey seconded the
motion, which passed unanimously.
17 Commissioner Humphrey moved to approve the following
fees collected by various County entities for March 2007:
Sheriff's Department, $49,725.98; County Clerk,
$87,487.46; Circuit Court, $79,614.00; Planning,
$1,638.00; Clerk of District Court, $19,396.32; City/County
Development Office, $2,757.20. Commissioner Knudson
seconded the motion which passed unanimously.
Documentation is filed in central files with the County
Clerk.
18 Commissioner Humphrey moved to approve a request for
payment submitted by Gem City Bone & Joint for inmate
medical care in the amount of $5,342.04. Commissioner
Knudson seconded the motion, which passed
unanimously. Documentation is filed in central files with
the County Clerk.
19 Commissioner Knudson moved to approve the trade-in of
a 1996 Chevrolet cargo van in the amount of $1,800
toward the purchase of a 2007 Saturn Relay Van for the
DARE Program and the trade in of six Motorola office
docking stations to Wireless Advanced for the sum of
$1,025 each. Commissioner Humphrey seconded the
motion, which passed unanimously. Documentation is
filed in central files with the County Clerk.
Commissioner Humphrey moved to adjourn the meeting.
Commissioner Knudson seconded the motion. The
meeting adjourned at 4:59 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, May 01, 2007
Approved by : Debra K. Lathrop County Clerk
Reviewed by : Jeff Ketcham, Chairman Board of County Commissioners
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.
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