STERLING,COLORADO

JUNE 12, 2012 

STATE OF COLORADO  )

COUNTY OF LOGAN       )ss

CITY OF STERLING        )

There was no invocation given.  Mayor Pro-tem Brungardt 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, June 12, 2012.   Mayor Pro-tem Brungardt called the meeting to order at 7:00 p.m.

Councilmembers present:

                        Mayor Pro-tem                 Brungardt                                 

                        Councilmembers             Flores  

                                                                        Lawson

                                                                         Rice                                                                                                               

Councilmembers absent:

                        Councilmember                         Brigham

Also present:

                         City Manager                           Kiolbasa

                         City Attorney                           Penny

                         City Clerk                                Forbes

                        Public Works Director                Allen

                        Fire Chief                                  Vogel 

Citizens present: 12

RESIGNATION OF MAYOR JOY AND COUNCILMEMBER HERSHBERGER:

Councilmember Lawson made a motion to accept the resignations of Mayor Joy and Councilmember Hershberger.  Councilmember Rice seconded the motion.  By a four-yes vote, the motion was approved.

Mayor Pro-tem Brungardt presented both Mayor Joy and Councilmember Hershberger with a plaque for their service to the City of Sterling.

CONSENT AGENDA:

Councilmember Lawson made a motion to approve the consent agenda.  Councilmember Flores seconded the motion.  By a four-yes vote, the motion was approved.           

Items on the consent agenda were:  City Council minutes of May 22, 2012 and an application for renewal of tavern liquor license for Henry’s Pub & Club LLC located at 138 South Front Street.

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

None.

UNFINISHED BUSINESS:

SECOND READING AND PUBLIC HEARING OF ORDINANCE NO. 3, SERIES OF 2012 – AN ORDINANCE AMENDING THE STERLING CITY CODE, CHAPTER 10, MOTOR VEHICLES AND TRAFFIC, ARTICLE II, MODEL TRAFFIC CODE, SEC. 10-27, AMENDMENTS:

City Manager Kiolbasa advised Council that this ordinance amends the Model Traffic Code adopted by the City, to prohibit within the city limits the use of a dynamic braking device, also known as a “jake brake”, except to avert an immediate danger.

City Clerk Forbes read the ordinance by title.

Mayor Pro-tem Brungardt opened the public hearing.

There were no comments.

Mayor Pro-tem Brungardt closed the public hearing.

Councilmember Rice made a motion to approve Ordinance No. 3, Series of 2012.  Councilmember Lawson seconded the motion.   By a four-yes vote, the motion was approved.

GOALS AND PROJECTS UPDATE:

City Manager Kiolbasa addressed the following goals and projects:

• Definition of a Regional Airport – This is a designation by FFA.
• Master Plan – Interviews have been conducted.  There will be more on this further on the agenda.
• Scalva Homestead – This also will be on the agenda later.
• Monument Sign – Waiting to hear from the Colorado Department of Corrections (CDOC) regarding the cost.
• Front Street project – Waiting on the railroad.
• Downtown Colorado, Inc. – They will be doing a study.
• Quiet Zone – Waiting on Mr. Larry Worth.
• Nuisance Code – Staff is working with the current policy. 
• Water Restrictions – City Manager Kiolbasa has contacted Mr. Brian Kailey regarding water restrictions.  The City is currently up 30 percent on production over last year.
• Simulcast Racing – City Manager Kiolbasa has been contacted on the possibility of doing this.   The City’s current zoning code does not allow this; usually it is in a restaurant establishment.
• Airport Consultant – City Manager Kiolbasa has met with the consultant.
• Fort Collins Fire – There is a fire truck and three volunteers at the Fort Collins fire.
• Billboards – The billboards on the Interstate have been installed.
• Mountain States Employee Council – They have been contacted regarding providing Human Resources while the HR Director position is being filled.
• City Manager Kiolbasa advised Council that the City needs to install equipment on the wellhead at the deep well.  This will be a designed build to cut time.  Council had no problems with this moving forward.
• ATVs on City streets – This information was handed out previously.  Council asked City Attorney Penny to find out more information regarding this.

NEW BUSINESS:

FIRST READING OF ORDINANCE NO. 4, SERIES OF 2012 – AN ORDINANCE APPROVING THE LEISURE LANE SUBDIVISION OF LOT 2, BLOCK 5, PLATTE ADDITION, THIRD FILING TO THE CITY OF STERLING, COUNTY OF LOGAN, STATE OF COLORADO:

City Manager Kiolbasa advised Council that the Planning Commission held a public hearing on the Subdivision application submitted by the City of Sterling, and found that the application met all requirements of Chapter 18, Subdivisions.  The Planning Commission recommended approval of this subdivision.  The subdivision will be known as the Leisure Lane Subdivision of Lot 2, Block 5, Platte Addition, Third Filing to the City of Sterling, County of Logan, State of Colorado. This ordinance sets forth findings by City Council and approves the subdivision and plat.

Councilmember Rice made a motion to introduce Ordinance No. 4, Series of 2012.  Councilmember Flores seconded the motion.  City Clerk Forbes read the ordinance by title.

City Manager Kiolbasa advised Council that this divides the area behind Quiznos into two lots.  The Humane Society will use the southern lot.

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

RESOLUTION NO. 6-1-12, SERIES OF 2012 -  A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO APPROVING A COST SHARE AGREEMENT FOR XCEL UTILITY TRENCH, WITH BANK OF COLORADO AND LAND LEASING COMPANY, LLC:

City Manager Kiolbasa advised Council that this resolution approves a cost share agreement with Bank of Colorado and Land Leasing Company, LLC for a utility trench being required by Xcel for purposes of underground utility lines, completion of North Railway Street, and construction of the banking facility in the Gateway Business Park.

Councilmember Flores made a motion to approve Resolution No. 6-1-12, Series of 2012.  Councilmember Rice seconded the motion.

City Manager Kiolbasa advised Council that this would be a three-way split of the expense.  The property is adjacent to Railway Street. The City will be given credit for the amount they have already spent.

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

RESOLUTION NO. 6-2-12, SERIES OF 2012 -  A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO APPROVING THE RESPONSE TO REQUEST FOR PROPOSALS FOR PROFESSIONAL AUCTION SERVICES OF STERLING AUCTION SERVICE AND OMNI WEST REAL ESTATE, LLP:

City Manager Kiolbasa advised Council that the City desires to retain real estate auction services for the sale of real estate owned by the City, which is a part of the property known as the Scalva Farm.  A Request for Proposals was properly published and the only response received was jointly submitted by Sterling Auction Service and Omni West Real Estate, LLP, which contained appropriate terms for the services required by the City.  This resolution approves the terms of the response submitted.

Councilmember Lawson made a motion to approve Resolution No. 6-2-12, Series of 2012.  Councilmember Rice seconded the motion.

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

RESOLUTION NO. 6-3-12, SERIES OF 2012 -  A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO ACCEPTING THE BID OF McINTYRE CORPORATION, DOING BUSINESS AS TOTAL ROOFING, FOR THE CITY OF STERLING 2012 ROOF REPLACEMENT PROJECT:

City Manager Kiolbasa advised Council that sealed bids were received May 3, 2012 for the City of Sterling 2012 Roof Replacement project.  The bid proposals have been reviewed and tabulated for accuracy.  Sufficient funds are available in the adopted 2012 budget.  This resolution approves acceptance of the bid from McIntyre Corporation, doing business as Total Roofing, which was the lowest responsive bid received.

Councilmember Lawson made a motion to approve Resolution No. 6-3-12, Series of 2012.  Councilmember Flores seconded the motion.  By a four-yes vote, the motion was approved.

CONSTRUCTION CONTRACT AGREEMENT – 2012 STREET IMPROVEMENT PROJECT:

Public Works Director Allen advised Council that sealed bids were received May 24, 2012 for the 2012 Street Improvement project.  The bid proposals have been reviewed and tabulated for accuracy.  Sufficient funds are available in the adopted 2012 budget.  Upon concurrence and approval from City Council, authorization is requested for the Mayor to sign the Construction Contract Agreement with McAtee Construction Company and Notice of Award will be issued accordingly. 

Public Works Director Allen advised Council that the contract is for $636,435.75.

Councilmember Lawson made a motion to accept the Construction Contract Agreement from McAtee Construction Company.  Councilmember Rice seconded the motion.  By a four-yes vote, the motion was approved.

CONSTRUCTION CONTRACT AGREEMENT – 2012 CURB RAMP AND ON-CALL CONCRETE CONTRACTOR PROGRAM:

Public Works Director Allen advised Council that sealed bids were received May 24, 2012 for the 2012 Curb Ramp and On-Call Concrete Contractor program.  The bid proposals have been reviewed and tabulated for accuracy.  Sufficient funds are available in the adopted 2012 budget.  Upon concurrence and approval from City Council, authorization is requested for the Mayor to sign the Construction Contract Agreement with Yost Construction Co. and Notice of Award will be issued accordingly.

Public Works Director Allen advised Council that the contract is for $56,285.40.

Councilmember Lawson made a motion to accept the Construction Contract Agreement from Yost Construction Co.  Councilmember Flores seconded the motion.  By a four-yes vote, the motion was approved.

ELECTRONIC MEDIA:

City Manager Kiolbasa asked Council to e-mail him with their option of either the Viaero or the tablet.  The tablet bids were $383 and $399.  The Verizon telephone is running $399 with a $14 per month fee.  There is unlimited data.  Roaming charges may occur if you are in the Front Range area. 

DEPARTMENT HEAD REPORT – FIRE CHIEF:

Department Head report was given by Fire Chief Vogel

COUNCILMEMBER APPLICANTS:

City Manager Kiolbasa advised Council that no applications have been received for the Ward 2 vacancy.  At the next Council meeting the appointment of the Mayor will be done with the five sitting Councilmembers.  The Ward 2 Council position will be left open. 

MISCELLANEOUS COUNCIL BUSINESS:

COMMUNITY GARDEN – sustainablesterling.org PRESENTATION OF BUSINESS PLAN:

Ms. Kathy Rice, Treasurer sustainablesterling.org, was present to address Council.  Ms. Rice read a statement and asked the City to provide water because when they pay the bill through the end of May they have no more funds.  They also asked if the City could provide assistance in the mowing.  She advised that they received an in-kind donation from Waste Management for two dumpsters for cleanup after the growing season.  They also asked to leave the labyrinth and butterfly garden in place.

After discussion, the growing season will go through September.  The City will mow and cover the water starting June 1.  Sustainablestering.org will clean up the property at the end of the season.  This will give the City time to decide if they want to keep the labyrinth up.

EMPLOYEE SALARIES:

City Manager Kiolbasa advised that earlier Council asked for information on salary compression.  This was limited to the different pay ranges.  Council then asked for the same criteria to be used for the rest of the employees.  City Manager Kiolbasa advised Council that there are five employees that would have a salary adjustment.  The total fiscal impact would be $2,265.  His concern is that it is no longer addressing the compression.  This would be more of a salary adjustment.  Council advised since this is something that Councilmember Brigham requested it would be brought back to the next meeting.

DONELAN LEASE:

City Manager Kiolbasa advised Council that this is regarding the loading dock for Sun Mart.  Currently staff is working on this lease and will come back to Council.

MASTER PLAN CONSULTANT:

A proposal will be coming to the next Council meeting.

IRRIGATION DITCH AGREEMENT WITH COLORADO DEPARTMENT OF TRANSPORTATION (CDOT):

City Manager Kiolbasa advised Council that CDOT is reconstructing the bridge across Pioneer Drainage Ditch.  They are looking at a Memorandum of Understanding that the City is allowing them to do this. 

MISCELLANEOUS:

City Manager Kiolbasa handed out a letter recommended by the City water attorney, regarding requests for declaration allowing pumping of restricted irrigation wells.  There was further discussion.

City Attorney Penny advised Council that he felt that the City should take their time on this.

City Manager Kiolbasa advised Council to take it home and to let him know what they felt.

City Attorney Penny gave an update of his office.

Councilmember Rice asked regarding the tour of the new water treatment plant.  Public Works Director Allen advised that there is a lot of construction activity at this time and advised it would be best to wait until a little later.

The Council meeting that was scheduled next Tuesday for Council applicant interviews was cancelled.

ADJOURNMENT:

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

MAYOR

ATTEST:

CITY CLERK