City Council Minutes February 23, 2010

STERLING, COLORADO

FEBRUARY 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.

Reverend Derek DeToni-Hill, Christ United Methodist 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, February 23, 2010.   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

Library Superintendent               VanDusen

Citizens present:  3

CONSENT AGENDA:

Councilmember Haynes made a motion to approve the consent agenda.  Councilmember Fuller seconded the motion.  By a seven-yes vote, the motion was approved.

Items on the consent agenda were:  City Council meeting minutes of February 9, 2010 and City Council minutes of February 16, 2010.

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

None

UNFINISHED BUSINESS:

RESOLUTION NO. 2-3-10, SERIES OF 2010 – A RESOLUTION REPEALING RESOLUTION NO. 3-7-09, SERIES OF 2009; AND ESTABLISHING NEW CHARGES AND FEES AS REQUIRED IN THE CITY CODE, CHAPTER 21, UTILITIES, ARTICLE III, WATER SERVICE; AND REPEALING RESOLUTION NO. 10-3-08, SERIES OF 2008, WHICH ESTABLISHED A SURCHARGE FOR WATER:

City Manager Kiolbasa advised Council that this resolution was tabled for purposes of revising Exhibits A and B.  City Code Chapter 21 requires that City Council set certain rates, which apply to water service.  This resolution amends the present rates by amending and adding charges.  This resolution also repeals the surcharge created by Resolution No. 10-3-08.

Mr. Tom Ullmann, The Engineering Company, was present to update Council regarding a proposed uniform volume rate schedule.  Mr. Ullmann advised Council in comparison the tier rates favors low volume users, while the uniform rate favors the larger users.  Under the uniform rate, there are higher monthly minimums, although it is a more stable revenue stream.

There was discussion that by using the uniform rate, the residential units are burdened to help pay for the higher consumption of the high user commercial accounts.  However, the uniform rate is easier for the customer to calculate and is also an incentive for new businesses or industries.

Mr. Ullmann advised Council that approximately 40 percent of the users use 6,000 gallons or less.

Councilmember Joy made a motion to approve the uniform rate schedule. Councilmember Delgado-Diaz seconded the motion.  By a seven-yes vote, the motion was approved

Resolution No. 2-3-10, Series of 2010 will be brought back to the next regular Council meeting for approval with the amended rate schedules.

NEW BUSINESS:

RESOLUTION NO. 2-6-10, SERIES OF 2010 – A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH RE-1 VALLEY SCHOOL DISTRICT FOR STORAGE OF LIBRARY MATERIALS DURING THE LIBRARY RENOVATION AND EXPANSION PROJECT:

City Attorney Barlean advised Council that this resolution approves an agreement with RE-1 Valley School District for the City to use the facility known as Stevens School for purposes of storing books and magazines during the renovation and expansion of the Sterling Public Library.

Councilmember Haynes made a motion to approve Resolution No. 2-6-10, Series of 2010.  Councilmember Fuller seconded the motion.

Councilmember Rieb had a concern with the building if there was water leakage that would damage the books.  City Manager Kiolbasa advised that staff would inspect the building before the books were moved.

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

RESOLUTION NO. 2-7-10, SERIES OF 2010 – A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO APPROVING AN “ATTACHMENT A 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.  Scope of work and fees could not be discussed until commitment to the runway reconstruction project for the City airport.  This resolution approves the final description of the work program and fees relating to Armstrong Consultants, Inc.’s professional engineering services for the runway reconstruction project.

Councilmember Haynes made a motion to approve Resolution No. 2-7-10, Series of 2010.  Councilmember Lawson seconded the motion.

City Attorney Barlean advised Council that the new copy had no dollar change; however, one sentence was added.

Mayor Fetzer asked regarding the time that the airport is closed, if planes that are housed there would be able to use the taxiway. Public Works Director Allen advised he would have to check into this, although they were told that the airport would be officially closed.

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

INITIATION OF PROCEDURE FOR APPENDIX A – ZONING TEXT AMENDMENT:

City Attorney Barlean advised Council that Section 1202 of Appendix A, Zoning, of the City Code provides that amendment to Appendix A, Zoning may be initiated by City Council, the Planning Commission, or by application from any citizen, group of citizens, firm, or corporation.  The City Council may initiate an amendment for the Planning Commission to review for the addition of a definition of Public Facilities and addition to the grid in the Schedule of Permitted Uses.

Councilmember Haynes made a motion to initiate the procedure.  Councilmember Rieb seconded the motion.

There was discussion on what the definition of Public Facilities would be.

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

FIRST READING OF ORDINANCE NO. 2, SERIES OF 2010 – MAKING AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF FIVE MILLION NINETY-THREE THOUSAND ONE HUNDRED SEVENTY-EIGHT DOLLARS ($5,093,178) AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY, AND INCREASING THE AMOUNT OF THE REVENUE BUDGET FOR 2010 BY THREE MILLION TWO HUNDRED EIGHTY-SIX THOUSAND SIX HUNDRED TWO DOLLARS ($3,286,602):

City Manager Kiolbasa advised Council that this ordinance re-appropriates for projects that came up after the budget process.  This also allows the spending of revenue that has been received for projects during the year.

Councilmember Haynes made a motion to introduce Ordinance No. 2, Series of 2010.  Councilmember Rieb seconded the motion.  City Clerk Forbes read the ordinance by title.

City Manager Kiolbasa advised Council that this appropriates for the Library construction, enhancement projects, purchase orders from 2009 that were not received and it also adds revenue that will be coming in.

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

AWARD OF CONTRACT FOR THE STERLING PUBLIC LIBRARY ASBESTOS MITIGATION:

City Manager Kiolbasa advised Council the City contracted with Gobbell Hays Partners, Inc. for the asbestos assessment at the Sterling Public Library.  The assessment did find asbestos in the facility.  Gobbell Hays was then instructed to proceed with the mitigation design and bidding.  The mitigation contract for Phase One is $96,111.00 and for Phase Two is $56,870.00 for a total of $152,981.00.

Councilmember Fuller made a motion to award the contract to Gobbell Hays Partners, Inc. Councilmember Lawson seconded the motion. By a seven-yes, the motion was approved.

CALL FOR A SPECIAL MEETING – MARCH 2, 2010 – CONFERENCE WITH CITY MANAGER AND CITY ATTORNEY FOR NEGOTIATIONS AND PERSONNEL MATTERS:

There will be a special Council meeting on March 2, 2010 for conference with City Manager and City Attorney for negotiations and personnel matters.

MISCELLANEOUS:

City Manager Kiolbasa advised Council that he would like a list from them of matters that they would like to discuss at a retreat or work session.  Also, guidance on the tax code conference and times Council would be available.

City Manager Kiolbasa advised Council that they need to review their travel policy.  It is now four years old.

City Manager Kiolbasa handed out a memo from Public Works Director Allen regarding the bids of North 7^th Avenue.  The project has come in $110,000 to $120,000 over the engineer’s estimate.  He asked Council to consider the alternatives of rebidding, spending the extra to do the project or canceling the project all together.  There was discussion.

Councilmember Fuller advised if the City is going to do the storm drainage, the storm sewer should be done right the first time.  This will be brought to Council at the special meeting.

City Manager Kiolbasa advised Council that he had “Thank you for visiting Sterling” put on the back of the sign at the Visitors Center.

Mayor Fetzer asked City Manager Kiolbasa when he would like the list of matters.  City Manager Kiolbasa advised in two weeks.

Councilmember Joy advised that the Chamber is currently doing a project that they would like to work with the City on.  This is on beautification along the corridors coming into Sterling.  They are looking at possible grant dollars.  Councilmember Joy asked Council if he could visit with City Manager Kiolbasa regarding this and bring the information back to Council later.

Kim Sellers advised that she has been in contact with Colorado Department of Transportation regarding beautification coming into town.

Council had no problems with City Manager Kiolbasa pursuing this.

ADJOURNMENT:

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

______________________________

MAYOR

ATTEST:

______________________________

CITY CLERK