City Council Minutes April 27, 2010
May 13, 2010 by connie
Filed under City Council Updates
STERLING, COLORADO
APRIL 27, 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.
Reverend Susan Barton, First Christian 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, April 27, 2010. Mayor Fetzer called the meeting to order at 7:00 p.m.
Councilmembers present:
Mayor Fetzer
Councilmembers Delgado-Diaz (arrived late)
Fuller
Haynes
Joy
Lawson
Rieb
Also present:
City Manager Kiolbasa
City Attorney Barlean
City Clerk Forbes
Citizens present: 10
CONSENT AGENDA:
Councilmember Haynes made a motion to approve the consent agenda. Councilmember Joy seconded the motion. By a six-yes vote, the motion was approved.
Items on the consent agenda were: City Council meeting minutes of April 13, 2010 and renewal of beer and wine liquor license for Momma Conde’s Restaurant located at 100 Broadway, Suite 4.
Councilmember Delgado-Diaz arrived.
COMMUNICATION AND PERSONAL APPEARANCE OF NON-SCHEDULED CITIZENS BEFORE THE COUNCIL:
Present to address Council was Ms. Carmon Revord, 18484 County Road 74, Peetz, Colorado. Ms. Revord advised she came for the public hearing on Ordinance No. 4. Mayor Fetzer advised that this ordinance would be tabled, but would allow her to speak.
Ms. Revord asked Council to consider the addition of three words “or private party” in the definition to allow other people to have a rescue or shelter inside the City.
City Attorney Barlean advised that there are current regulations in the existing Code for kennels and that going through a third party best suits the City’s purposes. This decision was made by the Planning Commission.
There was discussion if animal shelters or rescues were allowed in other areas besides Industrial. City Attorney Barlean advised that the Planning Commission wants them in this area of the City.
Ms. Revord questioned why it would be okay for the City to have a shelter inside the City, but not for a private party.
City Attorney Barlean advised that a party could get a conditional use; it is not a use by right. He advised Ms. Revord that she could do a zoning change application. The application would go to the Planning Commission and she would then have to convince them to change the zoning grid. City Attorney Barlean advised Council that the City is responsible to enforce the animal code and have contracted through a third party.
Ms. Revord advised she misunderstood the purpose of the public hearing and did not realize that to make a change in the ordinance it would have to go back to the Planning Commission.
Mayor Fetzer advised that there would be a public hearing at the next regular Council meeting on May 11, 2010, where there would be opportunity to speak.
Ms. Revord questioned if the ordinance could be amended. City Attorney Barlean advised the ordinance is usually amended on first reading.
Councilmember Joy asked for the Planning Commission’s decision on this.
There was discussion regarding the difference between an animal shelter and animal rescue vs. a kennel. Ms. Revord advised the reason she wants to do the shelter is in cases of domestic violence there is nowhere for the animal to go, but to be left with the possible abusive party. They would like to be able to take care of the animals.
UNFINISHED BUSINESS:
ORDINANCE NO. 4, SERIES OF 2010 – AN ORDINANCE 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 OF, AND AMENDMENT OF PERMITTED USES FOR “ANIMAL SHELTER”:
City Attorney Barlean advised Council that the ordinance publication was timely sent to the newspaper for publication, but the newspaper failed to publish it. Second reading and public hearing needs to be reset for May 11, 2010.
Councilmember Haynes made a motion to table Ordinance No. 4, Series of 2010. Councilmember Rieb seconded the motion. By a seven-yes vote, the motion was approved.
NEW BUSINESS:
FIRST READING OF ORDINANCE NO. 5, SERIES OF 2010 – AN ORDINANCE AMENDING THE STERLING CITY CODE, CHAPTER 19, TAXATION AND FINANCE, ARTICLE IV, USE TAX, SEC. 19-142, PURPOSE OF ARTICLE; SEC. 19-143, COLLECTION, ADMINISTRATION AND ENFORCEMENT GENERALLY; AND SEC. 19-145, LEVY:
City Attorney Barlean advised Council that this ordinance amends sections of Chapter 19, Article IV of the City Code to conform to the rest of the sections.
Councilmember Haynes made a motion to introduce Ordinance No. 5, Series of 2010. Councilmember Fuller seconded the motion. City Clerk Forbes read the ordinance by title.
City Attorney Barlean advised Council that this is a cleanup from having inconsistency in sections of the code.
By a seven-yes vote, the motion was approved.
FIRST READING OF ORDINANCE NO. 6, SERIES OF 2010 – AN ORDINANCE APPROVING A LOAN AGREEMENT WITH THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY AND A GOVERNMENTAL AGENCY BOND PAYABLE FROM THE CITY’S WATER UTILITY ENTERPRISE REVENUES TO FINANCE CERTAIN CAPITAL PROJECTS; RATIFYING ACTION PREVIOUSLY TAKEN CONCERNING THE PROJECT, THE LOAN AGREEMENT AND THE BOND; AND PROVIDING OTHER MATTERS RELATING THERETO:
City Attorney Barlean advised Council that this ordinance approves the loan agreement as to form with the water & power development authority, and is a delegation ordinance as authorized by state law and delegates to the Mayor or the City Manager to make any final determinations and approve any changes to the loan agreement so long as the changes comply with the parameters of the ordinance.
Councilmember Haynes made a motion to introduce Ordinance No. 6, Series of 2010. Councilmember Fuller seconded the motion. City Clerk Forbes read the ordinance by title.
Councilmember Fuller asked when the bonds would be issued. City Manager Kiolbasa advised in October.
By a seven-yes vote, the motion was approved.
RESOLUTION NO. 4-3-10, SERIES OF 2010 – A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO APPROVING AN “ATTACHMENT C TO PROFESSIONAL SERVICES AGREEMENT” WITH ARMSTRONG CONSULTANTS, INC.:
City Attorney Barlean advised Council that on September 8, 2009, Council approved Armstrong Consultants, Inc. as the airport consultant for engineering and planning services. Armstrong Consultants, Inc. has obtained approval from the FAA Flight Procedures Office and Airports District Office to complete the Obstruction Survey for Instrument Approach Procedure Revisions. The objective of this task is to revise the current and develop new instrument approach procedures to the airport based on the new runway configuration resulting from the 2010 construction project. The cost for the survey is an eligible and authorized cost as part of this construction project that will shift and extend the runway. Depending on contractor bids, it is expected to be within the current budget prepared for the runway reconstruction project. This resolution authorizes the Mayor to sign Attachment C to the Professional Services Agreement.
Councilmember Haynes made a motion to approve Resolution No. 4-3-10, Series of 2010. Councilmember Rieb seconded the motion. By a seven-yes vote, the motion was approved.
CONSIDERATION OF AMENDMENT NO. 3 TO THE PRE-ENGINEERING SCOPE OF SERVICES CONTRACT WITH ARBER AND ASSOCIATES:
City Manager Kiolbasa advised Council that the City would need to amend the contract with Richard Arber for pilot and bench scale testing for the Sterling Water Treatment plant. He advised that staff is asking for authorization to execute the agreement.
Councilmember Fuller made a motion to approve Amendment No. 3 to the Pre-engineering Scope of Services contract with Arber and Associates. Councilmember Rieb seconded the motion. By a seven-yes vote, the motion was approved.
LAND USE AUTHORIZATION BETWEEN THE STATE OF COLORADO AND THE CITY OF STERLING FOR THE PURPOSES OF ADMINISTERING THE CDL DRIVING SKILLS TEST AND STATE INSPECTIONS:
City Manager Kiolbasa advised Council that a copy of the land use authorization was included in their packet. This allows for CDL testing on the airport aprons. The advantage to the City would be that the County government has a certified tester and rather than going out of town, City employees could get their CDL testing done locally. There is no monetary change. This would be approving of two leases because the State’s current calendar goes through June 30, 2010.
Councilmember Lawson made a motion to approve the 2010 and 2011 land use authorization between the State of Colorado and the City for the purposes of administering the CDL driving skills test and state inspections. Councilmember Haynes seconded the motion. By a seven-yes vote, the motion was approved.
MISCELLANEOUS:
DISCUSSION – LEASE OF CITY-OWNED PROPERTY AND DONATION OF WATER FOR COMMUNITY GARDEN/SUSTAINABLESTERLING.ORG:
City Manager Kiolbasa advised Council that there is an insurance requirement for this. CIRSA has advised since it is not a City sponsored event the organization needs to be covering the insurance. Also, a question has come up regarding if Sustainablesterling.org is a non-profit business. City Attorney Barlean advised that he has checked the Secretary of State to find out if this is a real entity to contract with.
Mr. Patrick Harrington was present to address Council. Mr. Harrington advised Council that he has done the Articles of Incorporation, the IRS issues the Identification number and he has been told he should have this by May 1. He is going to be a Colorado Non-profit. He agrees with having insurance and has done research on this.
The next question is the use of water. He is asking for the City to donate the water use this year. They will not be using a sprinkler; it will be a drip system. They are trying to train people to have a sustainable garden.
Councilmember Lawson advised that there are people with gardens in their backyards and they have to pay for their water.
Mr. Harrington advised this is a request for the first year, and in exchange for this, they would be doing maintenance on the entire property, which includes the mowing.
It was the consensus of Council that they are not opposed to free water for the first year in exchange for the maintenance of the property.
MISCELLANEOUS CONTINUED:
City Manager Kiolbasa advised Council that the City is moving forward on the deep well project. He will have the agreement for the mineral rights at the next meeting. There is interim financing available for the deep wells. The interest will be charged as the money is taken out.
Public Works has done research as to the meters for people to change from one inch to a 3/4 inch. Public Works has come up with an estimate of $184 for this charge, which includes $123 for materials, $14 for the adapters and the rest would be the labor for the City. This will be brought back as a recommendation for Council, as to what to charge and how long they can make payments. He asked Council to give it some thought.
City Manager Kiolbasa advised Council of different training sessions for Council and to let Connie know if they would like to attend any of them.
City Manager Kiolbasa advised Council that CGI would be in town to start the videos for the web site. They have the first four subjects and the City can choose two subjects and if they have any ideas to let him know.
City Manager Kiolbasa advised Council that dispatch would be moving into the Communications Building on Thursday and Friday of this week.
The Logan County Commissioners are hosting Mr. Tony Frank, Colorado State University President, on April 28 from 2-3 p.m. at the courthouse.
Council was informed of the CML Conference on June 22 through June 25, 2010 in Breckenridge.
City Manager Kiolbasa advised Council that he has information on proposition 101 if they are interested.
Mayor Fetzer advised Council to get items for discussion at a work session on planning to City Manager Kiolbasa no later than May 11, 2010. He also asked regarding the taxiway use at the airport. City Manager Kiolbasa advised that there is a written request to FAA but have not heard back.
City Manager Kiolbasa advised Council of a retirement reception for Grace Hill, who has been with the City for 26 years.
City Attorney Barlean advised Council that he has heard from Mr. Doug Smith, Lifecare Ambulance, regarding the letter that had been issued to him.
ADJOURNMENT:
There being no further business to come before Council the meeting adjourned at 8:20 p.m.
MAYOR
ATTEST:
CITY CLERK
