City Council Minutes May 11, 2010

STERLING, COLORADO

MAY 11, 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, May 11, 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

Citizens present: 10

CONSENT AGENDA:

There were two corrections to the minutes: page 2, paragraph 7, were should be where and on page 4, paragraph 10, adopters should be adapters. Councilmember Haynes made a motion to approve the City Council minutes of April 27, 2010, with corrections. Councilmember Rieb seconded the motion. By a seven-yes vote, the motion was approved.

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

Present to address Council was Mr. Rocky Samber. Mr. Samber advised Council that he is a member of the Pawnee Ridge Homeowners Association. He spoke to Council regarding a letter the Homeowners Association had sent to Council regarding water problems they are having in the area. They would like Council to collaborate with them. Mr. Samber identified items that they have done to try to solve this issue.

City Manager Kiolbasa advised Council that this information was passed to the water attorneys and it would be discussed in the executive session later on the agenda.

Mr. Samber advised Council they have 6 to 8 monitoring wells that are running 5 foot, 4 inches deep. This is in the Dakota Road and Westwood Drive area. There are approximately 1/3 of the Homeowners Association 105 homes that are affected.

Council asked if they looked at doing a study. Mr. Samber advised it is around $3,000 to find out what needs to be done. They wanted to wait to find out if Council had information to share before doing the study.

Also present to address Council was Mr. Rich Doyle. Mr. Doyle advised Council that he is on the Homeowners Association Board and would like Council to help identify the source of their problems.

UNFINISHED BUSINESS:

SECOND READING AND PUBLIC HEARING OF 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 first reading of this ordinance took place April 13, 2010, and it was thereafter published. This ordinance amends the Sterling City Code, Appendix A, Zoning, to add the definition of Animal Shelter, and amend the permitted uses for an Animal Shelter.

Councilmember Haynes made a motion to remove Ordinance No. 4, Series of 2010 from the table. Councilmember Fuller seconded the motion. By a seven-yes vote, the motion was approved.

City Clerk Forbes read the ordinance by title.

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. 4, Series of 2010. Councilmember Fuller seconded the motion.

Councilmember Delgado-Diaz advised as she reads this now, the only animal shelter would be operated by the City or Humane Society, contracted with the City, for the impoundment or care of animals. She asked if there was anything they could do, or amend, to include just taking care of animals in a shelter for other people who wish to. City Attorney Barlean advised that there are existing uses allowed under the code and that a shelter is how you define it. He advised that an applicant could go to the Planning Commission to change uses in various areas around town.

There was discussion if there was a difference between shelters and kennels.

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

SECOND READING AND PUBLIC HEARING 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 first reading of this ordinance took place April 27, 2010, and it was thereafter published. This ordinance amends sections of Chapter 19, Article IV of the City Code to conform to the rest of the sections.

City Clerk Forbes read the ordinance by title.

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. 5, Series of 2010. Councilmember Rieb seconded the motion.

Mayor Fetzer advised Council that this is a housekeeping ordinance.

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

SECOND READING AND PUBLIC HEARING 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 first reading of this ordinance took place April 27, 2010, and it was thereafter published. 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.

City Clerk Forbes read the ordinance by title.

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. 6, Series of 2010. Councilmember Fuller seconded the motion.

City Manager Kiolbasa advised Council that they would be going out for the bonds the fourth quarter of this year.

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

NEW BUSINESS:

RESOLUTION NO. 5-1-10, SERIES OF 2010 – A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO, APPROVING A LEASE OF CITY-OWNED PROPERTY WITH SUSTAINABLESTERLING.ORG, INCLUDING A DONATION OF WATER, FOR A COMMUNITY GARDEN:

City Attorney Barlean advised Council that this resolution approves a lease agreement with sustainablesterling.org, a Colorado nonprofit corporation, for City-owned land commonly known as Knowles Field, including the City’s donation of water, for a community garden.

Councilmember Fuller made a motion to approve Resolution No. 5-1-10, Series of 2010. Councilmember Delgado-Diaz seconded the motion.

City Manager Kiolbasa advised Council that Mr. Patrick Harrington had supplied a Federal Tax ID number; they are in good standings. He advised Council that the donation of water is for this growing season only.

Mayor Fetzer advised Council that although the City is donating water, this is actually an exchange as they will be caring for the entire area.

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

ACCEPTANCE OF ASSIGNMENT OF MONIES DUE OR TO BECOME DUE UNDER AMBULANCE SERVICE CONTRACT:

City Attorney Barlean advised Council that Douglas D. Smith of Life Care Ambulance Service is in arrears on money owed to the City pursuant to a 911 Dispatch Agreement. Mr. Smith has executed an Assignment of Monies whereby he has assigned to the City a portion of certain funds payable to him monthly by the County of Logan. The Assignment of Monies requires execution of an Acceptance of Assignment by the City.

Councilmember Delgado-Diaz made a motion to authorize the City Manager to execute the Acceptance of Assignment. Councilmember Lawson seconded the motion. By a seven-yes vote, the motion was approved.

EXECUTIVE SESSION: CONFERENCE WITH CITY ATTORNEY AND CITY MANAGER FOR INSTRUCTION TO NEGOTIATORS: PAWNEE RIDGE, INTERIM LOAN FOR WATER TREATMENT, LEASE TO HUMANE SOCIETY, IGA-STERLING URBAN RENEWAL AUTHORITY AND SCOPE OF SERVICES WITH PETERSON ENERGY-MINERAL ACQUISITION:

Mayor Fetzer made a motion to go into executive session for a conference with the city attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402 (4) (b) and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402 (4) (e). Councilmember Fuller seconded the motion. By a seven-yes vote, the motion was approved.

Council went into executive session at 7:45 p.m.

Council came out of executive session at 8:32 p.m.

Mayor Fetzer advised the participants in the executive session were: City Council, City Attorney and City Manager.

Mayor Fetzer advised for the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, he asked to state their concerns for the record.

There was none.

MISCELLANEOUS:

City Manager Kiolbasa advised that Council did consider the letter from Pawnee Ridge on assistance with their water issue. Staff did submit it to our water engineers for review. Their analysis indicated that the use of the three west wells is not projected to be an efficient or effective approach to lowering the water in the Pawnee Ridge subdivision. They feel it would not effectively lower the water sufficiently for the effort put forth.

Councilmember Fuller made a motion to sign the Inter loan request for the water treatment plant. Councilmember Lawson seconded the motion. By a seven-yes vote, the motion was approved.

Councilmember Delgado-Diaz made a motion to authorize the City Manager to move forward with Peterson Energy. Councilmember Lawson seconded the motion. By a seven-yes vote, the motion was approved.

City Manager Kiolbasa advised Council that the District CML dinner meeting is in Sedgwick, May 20. The deadline to sign up is May 12. He also advised Council of a meeting with the Colorado Press Association at NJC on May 21.

City Manager Kiolbasa advised Council that on the regular Council meeting on June 22 they would be at the CML conference. He suggested postponing this meeting, if there is an item that needs to be done Council can postpone it for one week, as there are five Tuesdays in June.

City Manager Kiolbasa advised Council that regarding that taxiway at the airport, the FAA cannot concur with the parallel taxiway. There will be no fixed wing aircraft allowed during the construction. Helicopter operations would be able to continue.

Mayor Fetzer asked Council if they got their list to City Manager Kiolbasa. City Manager Kiolbasa advised he would be getting in touch with those that did not respond.

Mayor Fetzer reminded Council of the NJC groundbreaking ceremony on May 17.

Councilmember Joy gave an update from the Logan County Chamber of Commerce regarding the beautification project. There are other organizations that are interested. He asked that Public Works put a map together of areas that could be beautified.

Mayor Fetzer advised that he had been out in the area of the bridges and the streetlights were out.

Mr. Rocky Samber requested to address Council again. Mr. Samber asked if there was any information that had been provided to the City that they could share. City Attorney Barlean advised that the report is protected by attorney client privileges. City Manager Kiolbasa advised that the pumping rates would be public information.

ADJOURNMENT:

There being no further business to come before Council the meeting adjourned at 8:50 p.m.

______________________________

MAYOR

ATTEST:

______________________________

CITY CLERK