APRIL 24, 2012
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.
Councilmember Brigham gave the invocation. Mayor Joy 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 24, 2012. Mayor Joy called the meeting to order at7:00 p.m.
Hershberger (arrived late)
City Manager Kiolbasa
City Attorney Penny
City Clerk Forbes
Public Works Director Allen
Personnel/HR Director Kenton
Personnel/HR Assistant Bond
Citizens present: 5
There was one correction in the City Council minutes of April 10, 2012. On page 4, second paragraph, vacate should be vacant. Councilmember Lawson made a motion to approve the consent agenda with the minutes correction. Councilmember Rice seconded the motion. By a six-yes vote, the motion was approved.
Items on the consent agenda were: City Council minutes of April 10, 2012, Special City Council minutes of April 17, 2012, appointment of Rafael Flores to the Housing Authority and application for renewal of beer and wine liquor license for Momma Conde’s Restaurant located at 100 Broadway, Suite 4.
COMMUNICATION AND PERSONAL APPEARANCE OF NON-SCHEDULED CITIZENS BEFORE THE COUNCIL:
APPLICATION FOR RENEWAL OF RETAIL LIQUOR STORE LICENSE FOR NICK’S 3RD AVENUE LIQUOR, INC. NICK’S 3RD AVENUE LIQUOR – 115 SOUTH 3RD AVENUE:
Present to address Council was Mr. Nick Mildenberger, Owner. Mr. Mildenberger gave Council clarification of the violation he had with the State. The violation was regarding remodeling of the establishment. He advised he had come to City Hall and was told it was okay to do this. However, the State said it was a violation.
After further discussion, it was stated that he had gone to Public Works to get the approval and did not go through the City Attorney’s office regarding his liquor license. Councilmember Brungardt reminded Mr. Mildenberger that he must go through the City Attorney’s office for any changes to his establishment as required for his liquor license.
Councilmember Brigham made a motion to approve the renewal of retail liquor store license for Nick’s 3rd Avenue Liquor located at 115 South 3rd Avenue. Councilmember Rice seconded the motion. By a seven-yes vote, the motion was approved.
APPLICATION FOR RENEWAL OF TASTINGS PERMIT FOR NICK’S 3RD AVENUE LIQUOR, INC. NICK’S 3RD AVENUE LIQUOR – 115 SOUTH 3RD AVENUE:
Councilmember Rice made a motion to approve the renewal of tastings permit for Nick’s 3rd Avenue Liquor located at 115 South 3rd Avenue. Councilmember Flores seconded the motion. By a seven-yes vote, the motion was approved.
GOALS AND OBJECTIVES UPDATE:
- Master Plan – City Manager Kiolbasa advised Council that RFPs are due May 15.
- Scalva Homestead – The RFP is being published April 25. They are due back May 18.
- Nuisance Ordinance – Information is being collected and reviewed.
- Electronic Media – City Manager Kiolbasa advised Council that staff is ready to proceed. The process for staff will be the same whether Council uses the Ipad or Iphone. The use will be limited to City business. There was a question if there is no Wi-Fi if the information could be downloaded on the Ipad. Councilmember Brigham indicated that cell phones would be more flexible. City Manager Kiolbasa advised Council that he would get prices for all the different devices for Council.
- Quiet Zone Study – This has been e-mailed to Council.
- Community Gardens – City Manager Kiolbasa advised Council that he has met with a representative and they wish to proceed and will be presenting the City with a lease.
SECOND READING AND PUBLIC HEARING OF ORDINANCE NO. 2, SERIES OF 2012 – AN ORDINANCE APPROVING THE WOOLERY SUBDIVISION OF LOTS 1 THROUGH 9, BLOCK 4, HOMEBUILDERS ADDITION TO THE CITY OF STERLING, LOGAN COUNTY, COLORADO:
City Manager Kiolbasa advised Council that first reading of this Ordinance took place on April 10, 2012, and it was thereafter published. The Planning Commission held a public hearing on the Subdivision application submitted by Affordable Rental Limited Liability Company, and found that the application met all requirements of Chapter 18, Subdivision. The Planning Commission recommended approval of this subdivision. The subdivision will be known as the Woolery Subdivision of Lots 1 through 9, Block 4, Homebuilders Addition to the City of Sterling, Logan County, Colorado. This ordinance sets forth findings by City Council and approves the subdivision and plat. City Clerk Forbes read the ordinance by title.
Mayor Joy opened the public hearing.
There were no comments.
Mayor Joy closed the public hearing.
Councilmember Lawson made a motion to approve Ordinance No. 2, Series of 2012. Councilmember Brigham seconded the motion. By a seven-yes vote, the motion was approved.
RESOLUTION NO. 4-2-12, SERIES OF 2012 – A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO REPEALING RESOLUTION NO. 4-5-05, SERIES OF 2005, AND REGULATING WATER USAGE:
City Manager Kiolbasa advised Council that this resolution repeals Resolution No. 4-5-05, Series of 2005, to amend the restrictions by adding a provision for issuance of a permit for additional watering for residential vegetable gardens. It also expands penalties after a 3rd violation by eliminating the wording regarding a “fourth violation”, and instead substituting the wording “all subsequent violations”.
Councilmember Brungardt made a motion to approve Resolution No. 4-2-12, Series of 2012. Councilmember Hershberger seconded the motion.
Present to address Council was Mr. Russ Lawson, 246 Villa Vista. Mr. Lawson advised Council that he felt that he waters more under the restrictions. If there are no restrictions, you can water when you think it needs it for short periods. However, if you are limited to certain days you want to get as much water as you can to make it to the next watering day. Also, the water usage went down last year due to the increase in rates. As the rates again increased, he feels that the water usage will be down again this year.
City Manager Kiolbasa advised Council that the water production is up this year compared to last year. This resolution basically keeps everything the same except it allows for a permit to use a sprinkler in a vegetable garden.
By a six-yes and one-no vote, the motion was approved. Voting was as follows:
Brungardt yes Hershberger yes
Lawson no Brigham yes
Flores yes Joy yes
This resolution will be brought back to Council at their second meeting in May to discuss restrictions in general. At that time, Council would like water usage comparisons for the last five years.
DEPARTMENT HEAD REPORT:
Human Resource Director Kenton gave his department report.
DISCUSSION REGARDING JAKE BRAKES:
City Attorney Penny advised Council that there is nothing in the City Code regarding jake brakes. Tickets can be written into County Court. Council felt they wanted an ordinance to make this a City violation.
QUIET ZONE STUDY:
Mayor Joy advised he would like to work with the Logan County Economic Development Corporation to see if there are grants available for this, because without grants it is a high price.
PARKING LOT AT 2ND AND POPLAR STREETS:
City Manager Kiolbasa advised Council that Sterling Urban Renewal Authority (SURA) has purchased the property were the Silver Dollar was. They would like to know if the City would like to lease the property and use it as a parking lot.
There was discussion. Council did not feel that a gravel parking lot works into the beautification of downtown. They would like more information regarding this. They felt they would be more supportive of a paved parking lot.
DISCUSSION REGARDING RAILROAD LEASE:
City Attorney Penny advised Council that Union Pacific (UP) has a standard lease agreement. He reviewed the lease and has sent it back to UP and has not heard back. He has it set to bring to Council two weeks from tonight.
Councilmember Lawson expressed his concern that once every three years the rent can change. Also, if UP terminates the lease the City has to remove everything that is placed on the property. Another concern is the City is working on the Front Street beautification project and the City has not received enough hotel tax to do the other monument.
Councilmember Brigham expressed that if the City has the lease there would be something to move forward with.
Mayor Joy was also concerned about the term and asked if it could be extended to ten years. City Attorney Penny will contact the railroad regarding this.
MISCELLANEOUS COUNCIL BUSINESS:
City Manager Kiolbasa advised Council that he has tickets for a Club 1941 cocktail party. The party is on Friday, May 25 and if anyone is interested, they need to talk to Connie.
There was discussion regarding “If I Were Mayor” contest and the different ways to recognize the three submissions to CML. Some suggestions were a gift certificate, Logan County Chamber Bucks or a pass to the Recreation Center. City Manager Kiolbasa advised he would check on these.
Councilmember Brungardt advised that she previously received a list for who gave the invocation. She has not received that list. She also asked if reminder calls are given. City Manager Kiolbasa advised that Connie makes reminder calls.
Councilmember Brungardt brought up the amount of time being spent on the department head reports. After discussion Council would like to have the report be a 15 to 20 minute overview of the department.
Mayor Joy made a motion to go into executive session for discussion of a personnel matter under C.R.S. Section 24-6-402 (2) (f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees. Councilmember Lawson seconded the motion. By a seven-yes vote, the motion was approved.
Council went into executive session at 9:08 p.m.
Council came out of executive session at 10:05 p.m.
Mayor Joy advised that the participants in the executive session were: City Council, City Attorney and City Manager.
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 that they state their concerns for the record.
There was none.
Councilmember Brungardt made a motion to continue the City Manager’s contract on a month-to-month bases with periodic reviews as needed. Councilmember Lawson seconded the motion. By a seven-yes vote, the motion was approved.
There being no further business to come before Council the meeting adjourned at 10:07 p.m.