City Council Minutes March 23, 2010

STERLING, COLORADO

MARCH 23, 2010

STATE OF COLORADO )

COUNTY OF LOGAN )ss

CITY OF STERLING )

As required by the Colorado Sunshine Law, the meeting was posted timely in the City Hall lobby more than twenty-four hours in advance of the meeting.

Ms. Mona Bowey, First Baptist Church, gave the invocation. Mayor Fetzer led the Pledge of Allegiance.

The City Council of the City of Sterling, Colorado, met in regular session in Council Chambers of City Hall, on Tuesday, September 22, 2009. Mayor Fetzer called the meeting to order at 7:00 p.m.

Councilmembers present:

Mayor Fetzer

Councilmembers

Delgado-Diaz

Fuller

Haynes

Joy

Lawson

Rieb

Also present:

City Manager Kiolbasa

City Attorney Barlean

City Clerk Forbes

Public Works Director Allen

Recreation Superintendent Fuller

Citizens present: 10

CONSENT AGENDA:

Councilmember Fuller made a motion to approve the consent agenda. Councilmember Haynes seconded the motion.

Councilmember Joy advised he would be abstaining, as he was not at that meeting.

By a six-yes and one-abstain vote, the motion was approved. Voting was as follows:

Fuller yes Haynes yes

Joy abstain Delgado-Diaz yes

Fetzer yes Lawson yes

Rieb yes

Items on the consent agenda were: City Council minutes of March 9, 2010.

COMMUNICATION AND PERSONAL APPEARANCE OF NON-SCHEDULED CITIZENS BEFORE THE COUNCIL:

Present to address Council was Mr. Tracy Allen, 315 Hays Avenue and Ms. Sandy Adams, 327 Clark. They advised Council that they are looking at having a street dance the Saturday night of Sugar Beet Days. They advised this was brought up last year and would like Council to consider the street closure.

City Manager Kiolbasa advised that previous Council wanted input from businesses affected in the area of the street closure. He suggested that the applicants make contact with the businesses. The permit for a street closure is approved through Public Works.

Public Works Director Allen asked if they were aware of the permit application. They advised they were.

City Manager Kiolbasa advised Mr. Allen and Ms. Adams that when they get the survey from the businesses to take it to Public Works and Council would be kept up to date on this.

Next to address Council was Ms. Carmen Revord, 18484 County Road 78, Peetz, Colorado. Ms. Revord advised Council that she is looking at a pet shop and a doggy daycare in the greenhouse on Highway 138. She is currently in negotiations for the building; however, the current zoning does not allow for doggy daycare. She advised that the greenhouse is zoned the same as the area of land where the Humane Society is going to be. She asked Council to consider adding kennel to the category for commercial business zoning. Council advised Ms. Revord that the information would need to go to the Planning Commission and then it would be brought back to Council.

UNFINISHED BUSINESS:

SECOND READING AND PUBLIC HEARING OF ORDINANCE NO. 3, SERIES OF 2010 – AMENDING THE STERLING CITY CODE, APPENDIX A. ZONING, CHAPTER III. RULES AND DEFINITIONS SECTION 302, DEFINITIONS; AND CHAPTER IV. USE REGULATIONS, SECTION 402, SCHEDULE OF PERMITTED USES; BY THE ADDITION OF THE DEFINITION AND PERMITTED USES FOR “PUBLIC FACILITIES”:

City Attorney Barlean advised Council that this ordinance amends the Sterling City Code, Appendix A, Zoning, to add the definition and permitted uses for “Public Facilities”.

Mayor Fetzer opened the public hearing.

There were no comments.

Mayor Fetzer closed the public hearing.

Councilmember Haynes made a motion to approve Ordinance No. 3, Series of 2010. Councilmember Fuller seconded the motion. By a seven-yes vote, the motion was approved.

NEW BUSINESS:

PAT HARRINGTON – COMMUNITY GARDEN:

Mr. Pat Harrington, 611 Beattie, gave a presentation to Council regarding the possibility of having a community garden on a portion of Knowles Field. This would be a type of membership, where people could have their own garden space. He explained that there is an excess of 500 hours of community service that could be used for the hard labor. There is a water tap on the property, but a water meter would need to be added.

There was question regarding the liability on the part of the City. There was also a question regarding what the zoning is for a community garden.

City Manager Kiolbasa advised Council that he would have Public Works look at the zoning part of this.

PUBLIC HEARING – APPLICATION FOR SPECIAL EVENTS PERMIT NORTHEASTERN JUNIOR COLLEGE FOUNDATION – 100 COLLEGE AVENUE:

City Attorney Barlean advised Council that this application for a Special Events Permit was filed by the Northeastern Junior College Foundation for an event to be held on May 28, 2010 from 4:00 o’clock p.m. to 12:30 o’clock a.m. The application is in proper form and all fees have been submitted. The premises were properly posted. A letter was sent to the applicant advising of the date of the public hearing and requesting a representative be present at this meeting to answer any questions City Council might have concerning the application.

Mayor Fetzer opened the public hearing.

Present to address Council was Ms. Julie Sonnenberg, 18457 Vansway Drive and Mr. Brad Anderson, 17975 County Road 30.5. They advised this is the GALA to raise money for the HOPE Scholarship. It will be held in the same location as last year. They have arranged to have three taxis available to take people home that need rides.

Mayor Fetzer closed the public hearing.

Councilmember Haynes made a motion to approve the Special Events Permit for Northeastern Junior College Foundation. Councilmember Delgado-Diaz seconded the motion. By a seven-yes vote, the motion was approved.

RESOLUTION NO. 3-2-10, SERIES OF 2010 – A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO, APPROVING A GRANT AGREEMENT WITH THE UNITED STATES OF AMERICA ACTING THROUGH THE FEDERAL AVIATION ADMINISTRATION, TO REHABILITATE AND EXTEND RUNWAY 15/33, INCLUDING EXTENSION OF THE PARALLEL TAXIWAY (PHASE I), AT THE STERLING MUNICIPAL AIRPORT:

City Attorney Barlean advised Council this resolution authorizes the City to enter into a grant agreement with the Federal Aviation Administration to rehabilitate and extend runway 15/33, including extension of the parallel taxiway (Phase I), at the airport, and authorizes expenditure of the City’s matching funds.

Councilmember Fuller made a motion to approve Resolution No. 3-2-10, Series of 2010. Councilmember Rieb seconded the motion.

City Manager Kiolbasa advised Council that the agreement had not come in. This would be giving the Mayor authorization to sign the agreement upon receipt. They are anticipating starting in May with a 90-day construction period.

Mayor Fetzer pointed out that this is almost a $4 million grant; however, the City’s share is only $101,730.

Councilmember Rieb had a concern of how this would affect the doctors that fly in to the specialty clinics. Public Works will check on the frequency of these flyers and give information to the current hanger owners regarding this.

By a seven-yes vote, the motion was approved.

RESOLUTION NO. 3-3-10, SERIES OF 2010 – A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO, APPROVING AN AGREEMENT WITH RE-1 VALLEY SCHOOL DISTRICT AND STERLING BASEBALL ORGANIZATION:

City Attorney Barlean advised Council this resolution approves an agreement with RE-1 Valley School District and Sterling Baseball Organization that defines and clarifies the liabilities and responsibilities of each party for the furtherance of a Little League and Legion youth baseball program in Sterling, to be operated by the Sterling Baseball Organization.

Councilmember Haynes made a motion to approve Resolution No. 3-3-10, Series of 2010. Councilmember Delgado-Diaz seconded the motion.

This is for a one-year agreement. There was discussion regarding the difference in the playing fields for the girls at Pioneer Park versus these playing fields.

Councilmember Fuller advised this is a substantial investment on the City’s part, for a program that is not City sponsored. There are other programs, such as soccer and football that are not funded through the City.

Mayor Fetzer advised this should be addressed at the budget time.

By a seven-yes vote, the motion was approved.

RESOLUTION NO. 3-4-10, SERIES OF 2010 – A RESOLUTION BEFORE THE CITY OF STERLING LOGAN COUNTY, COLORADO REPEALING RESOLUTION NO. 7-5-09, SERIES OF 2009; AND ADOPTING A NEW CHARGES AND FEES POLICY; AND ESTABLISHING NEW CHARGES AND FEES AS REQUIRED IN NUMEROUS SECTIONS OF THE CITY CODE, AS SET FORTH HEREIN; AND USER CHARGES AND FEES NOT REQUIRED TO BE SET BY SPECIFIC SECTIONS OF THE STERLING CITY CODE:

City Attorney Barlean advised Council this resolution repeals Resolution No. 7-5-09, by amendments and additions to charges and fees of the City.

Councilmember Haynes made a motion to approve Resolution No. 3-4-10, Series of 2010. Councilmember Lawson seconded the motion.

City Manager Kiolbasa advised Council of the differences in this resolution.

1. Useful public service. The City will now have a fee to charge for each extension after the first.

2. There are additional charges for haze mat materials, so the City can recover the cost of that used by the Fire Department.

3. The Library has a new charge for loss of cover or loss of video case.

4. A fee for youth or senior full use pass at the Recreation Center has been added.

5. There is a portion added for fundraisers in the park for non-profits or profits.

There was discussion regarding the non-participant fee of one dollar for people to watch others swim. City Manager Kiolbasa advised that Superintendent Fuller and he would look at this issue.

Council asked that next year they get a summary of the things that have changed on the resolution.

By a seven-yes vote, the motion was approved.

RESOLUTION NO. 3-5-10, SERIES OF 2010 – A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO, RE-ADOPTING THE NORTHEAST COLORADO REGIONAL HAZARD MITIGATION PLAN WITH THE 2009 UPDATE:

City Manager Kiolbasa advised Council that this resolution re-adopts the Northeast Colorado Regional Hazard Plan with the 2009 update, as required as a condition for future funding for mitigation projects under multiple FEMA pre-and post-disaster mitigation grant programs. Sterling is located within the 10-county Northeast Colorado Emergency Managers (NCEM) planning area and has fully participated in the NCEM mitigation planning process to prepare the 2009 update to the previously adopted plan. The Colorado office of Emergency Management and Federal Emergency Management Agency, Region VIII officials have reviewed the NCEM Multi-Hazard Mitigation Plan with the 2009 update and have approved it contingent upon official adoption of the participating governments and entities.

Councilmember Haynes made a motion to approve Resolution No. 3-5-10, Series of 2010. Councilmember Rieb seconded the motion.

By a seven-yes vote, the motion was approved.

DISCUSSION REGARDING LETTER FROM RENAISSANCE LAND AND WATER MANAGEMENT:

City Manager Kiolbasa advised Council of a letter received from Renaissance Land and Water Management Company advising water supplies were available. The letter was forwarded to the City’s water attorneys. City Manager Kiolbasa would like authorization to advise Renaissance that the City is not interested in pursuing this.

Councilmember Haynes made a motion to contact Renaissance Land and Water Management and let them know the City is not interested in doing this. Councilmember Lawson seconded the motion.

There were questions regarding why the City would not be interested. City Manager Kiolbasa advised that there are concerns that Renaissance does not own the water rights. The water attorneys also suggest the City does not do this.

By a seven-yes vote, the motion was approved.

DISCUSSION REGARDING CONTRACT WITH INTEGRAL RECOVERY:

City Manager Kiolbasa advised Council that approximately three years ago the City signed with a collection agency to collect for Municipal Court bonds and fines. They have only collected one fine in the last three years. He would like permission from Council to cancel this agreement and seek other avenues.

Councilmember Haynes made a motion to give City Manager Kiolbasa the authority to take the appropriate action. Councilmember Fuller seconded the motion. By a seven-yes vote, the motion was approved.

MISCELLANEOUS:

City Manager Kiolbasa advised Council of HR 1132 and HR 1806. They are asking for the City’s support regarding these two bills.

Councilmember Haynes made a motion to authorize the Mayor to sign the letters of support. Councilmember Joy seconded the motion. By seven-yes vote, the motion was approved.

The letters will be sent to Representative Markey, Senator Udall and Senator Bennet.

MINERAL RIGHTS – DEEP INJECTION WELLS:

City Manage Kiolbasa advised Council that Peterson Energy is looking at this and drafting letters for mineral rights. Parts of the rights are owned by the State and these would only be able to be leased.

DISCUSSION OF CONTRACT WITH CGI, A COMMUNITY VIDEO COMPANY:

City Manager Kiolbasa advised Council that the City has an agreement with CGI who made four videos with them. The contract has expired and CGI would like to start over. There is no cost to the City for this. The contract would be brought to Council at a later date, as it was not received prior to tonight’s meeting.

City Manager Kiolbasa reminded Council of the groundbreaking for the Library on April 1, at 2:00 p.m. The project is anticipated to be done on November 11.

City Manager Kiolbasa asked Council regarding their response to the Sterling Urban Renewal Authority’s letter. Council advised there will need to have an Intergovernmental Agreement.

City Manager Kiolbasa advised Council that the plans for the Historical Society to construct a building south of the barn at the Museum have been received. He encouraged Council to approve this project when it comes back at a later date.

Mayor Fetzer advised Council that he received a request from NJC to have the City support bringing the FFA convention to Sterling.

Councilmember Haynes made a motion to support NJC in bringing the FFA convention to Sterling in the form of a letter. Councilmember Rieb seconded the motion. By a seven-yes vote, the motion was approved.

Mayor Fetzer advised that Council has a list from the City Manager regarding items and projects that need to be discussed. He encouraged Council to review the list and to let City Manager Kiolbasa know the direction to go and if they would like to have a retreat or a work session. The direction needs to be given to the City Manager at the next Council meeting.

Councilmember Joy advised that the Chamber is continuing with the cleanup project and it is going good. They are working at a landscape design to bring to Council.

Councilmember Joy also asked regarding the community video if there would be a link that the Chamber could link to.

 ADJOURNMENT:

There being no further business to come before Council the meeting adjourned at 8:57 p.m.

______________________________

MAYOR

ATTEST:

______________________________

CITY CLERK