STERLING,COLORADO

JUNE 26, 2012 

STATE OF COLORADO  )

COUNTY OF LOGAN       )ss

CITY OF STERLING        )

The Reverend Susan Barton, First Christian Church, gave the invocation.  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 26, 2012.   Mayor Pro-tem Brungardt called the meeting to order at 7:00 p.m.

Councilmembers present:

                        Mayor Pro-tem                          Brungardt                                 

                        Councilmembers                       Brigham

                                                                                 Flores  

                                                                                 Lawson

                                                                                 Rice                                                                        

Also present:

                         City Manager                             Kiolbasa

                         City Attorney                             Penny

                         City Clerk                                  Forbes

                        Public Works Director                Allen

                        Police Chief                              Breivik

Planning Commission members present:

                        Chairperson                  Roger Hosea

                        Member                        Clarence Gertner

                        Member                        Rafael Flores

                        Member                        Linda GeBauer

Citizens present: 14

ELECTION OF MAYOR:

City Manager Kiolbasa advised Council that the Charter was silent on how a vacancy for the Mayor is filled.  It is noted that a vacancy is filled by the appointment of Council.

Council asked who was interested in being Mayor.  Those interested were:  Councilmember Lawson, Councilmember Flores and Mayor Pro-tem Brungardt.

After discussion, it was decided that the vote would be the majority of the five Councilmembers.  This would take three votes to win and it would be done by secret ballot.

First vote – two votes for Mayor Pro-tem Brungardt, two votes for Councilmember Flores and one vote for Councilmember Lawson.  Council then voted on the top two – three votes for Mayor Pro-tem Brungardt and two votes for Councilmember Flores.

Councilmember Brigham made a motion to appoint Mayor Pro-tem Brungardt as Mayor.  Councilmember Rice seconded the motion.  By a four-yes and one-abstain vote, the motion was approved.  Voting was as follows:

Brigham            yes                   Rice                  yes

Brungardt          abstain             Flores               yes

Lawson             yes

Councilmember Rice made a motion to appoint Councilmember Lawson as Mayor Pro-tem.  Councilmember Flores seconded the motion.   By a four-yes vote and one-abstain vote, the motion was approved.  Voting was as follows:

                        Rice                  yes                   Flores               yes

                        Brigham            yes                   Brungardt          yes

                        Lawson             abstain

CONSENT AGENDA:

Councilmember Rice made a motion to approve the consent agenda.  Councilmember Lawson seconded the motion.  Council had a correction to the minutes on page 4, Electronic Media, it is noted Verizon and it should be Viaero. By a five-yes vote, the motion was approved.        

Items on the consent agenda were:  City Council minutes of June 12, 2012.

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

None

UNFINISHED BUSINESS:

SECOND READING AND PUBLIC HEARING 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 first reading of this ordinance took place on June 12, 2012 and it was thereafter published.  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 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.

City Clerk Forbes read the ordinance by title.

Mayor Brungardt opened the public hearing.

There were no comments.

Mayor Brungardt closed the public hearing.

Councilmember Lawson made a motion to approve Ordinance No. 4, Series of 2012.  Councilmember Rice seconded the motion.   By a five-yes vote, the motion was approved.

GOALS AND PROJECTS UPDATE:

City Manager Kiolbasa addressed the following goals and projects:

• Master Plan –. This will be discussed later tonight.
• Scalva Homestead – Staff is waiting on information regarding the subdivision.
• Nuisance – Staff is still gathering information.  The current weed violation process  is going good this year.
• Electronic Media – City Manager Kiolbasa is still waiting to hear from Council on what they wish.
• Monument Sign – Waiting to hear from the Colorado Department of Corrections (CDOC).
• Front Street project – Waiting on the railroad

NEW BUSINESS:

APPLICATION FOR SPECIAL EVENTS PERMIT – STERLING ELKS LODGE #1336 – STERLING ELKS LODGE, 321 ASH STREET – JULY 13, 2012:

Application for a Special Event Permit was filed by the Sterling Elks Lodge #1336, to be held in an outside area adjacent to the Elks, on July 13, 2012, from 6:00 o’clock p.m. to 10:30 o’clock p.m., in connection with the July Jamz being held at the Logan County Courthouse grounds.  The application is in proper form and the fee has been submitted.  The premises were properly posted.  A letter was sent to the applicant advising of the date of the public hearing and requesting a representative be present at this meeting to answer any questions City Council might have concerning the application.

Mayor Brungardt opened the public hearing.

Present to address Council was Mr. Chris Delgado, Sterling Arts Council, 117 Park Circle.  Mr. Delgado advised Council that the Sterling Arts Council asked the Elks to partner in the July Jamz.

Mayor Brungardt closed the public hearing.

Councilmember Lawson made a motion to approve the Special Events Permit for the Sterling Elks Lodge #1336 located at 321 Ash Street for July 13, 2012.  Councilmember Rice seconded the motion.   

There was a question about the three permits regarding two were for inside and one was for outside.

Present to address Council was Mr. Howard Combs, Sterling Elks Lodge.  Mr. Combs advised Council that the one being held outside is because the Elks has an event that is inside the next day and they will be decorating. 

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

APPLICATION FOR SPECIAL EVENTS PERMIT – STERLING ELKS LODGE #1336 – STERLING ELKS LODGE, 321 ASH STREET – JULY 20, 2012:

Application for a Special Event Permit was filed by the Sterling Elks Lodge #1336, to be held at the Elks, on July 20, 2012, from 6:00 o’clock p.m. to 10:30 o’clock p.m., in connection with the July Jamz being held at the Logan County Courthouse grounds.  The application is in proper form and the fee has been submitted.  The premises were properly posted.  A letter was sent to the applicant advising of the date of the public hearing and requesting a representative be present at this meeting to answer any questions City Council might have concerning the application.

Mayor Brungardt opened the public hearing.

There were no comments.

Mayor Brungardt closed the public hearing.

Councilmember Lawson made a motion to approve the Special Events Permit for the Sterling Elks Lodge #1336 located at 321 Ash Street for July 20, 2012.  Councilmember Rice seconded the motion.   By a five-yes vote, the motion was approved.

APPLICATION FOR SPECIAL EVENTS PERMIT – STERLING ELKS LODGE #1336 – STERLING ELKS LODGE, 321 ASH STREET – JULY 27, 2012:

Application for a Special Event Permit was filed by the Sterling Elks Lodge #1336, to be held at the Elks, on July 27, 2012, from 6:00 o’clock p.m. to 10:30 o’clock p.m., in connection with the July Jamz being held at the Logan County Courthouse grounds.  The application is in proper form and the fee has been submitted.  The premises were properly posted.  A letter was sent to the applicant advising of the date of the public hearing and requesting a representative be present at this meeting to answer any questions City Council might have concerning the application.

Mayor Brungardt opened the public hearing.

There were no comments.

Mayor Brungardt closed the public hearing.

Councilmember Lawson made a motion to approve the Special Events Permit for the Sterling Elks Lodge #1336 located at 321 Ash Street for July 27, 2012.  Councilmember Rice seconded the motion.   By a five-yes vote, the motion was approved.

2011 AUDIT PRESENTATION:

Mr. Scott Szabo, Lauer, Szabo and Associates, was present to review with Council the 2011 audit report.

DEPARTMENT HEAD REPORT – ROY BRIEVIK, POLICE CHIEF:

Department Head report was given by Police Chief Breivik.

PRESENTATION BY RICHARD O’CONNELL OF THE LOGAN COUNTY ECONOMIC DEVELOPMENT CORPORATION, AND REQUEST FOR MATCHING FUNDS REGARDING A GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH DOWNTOWN COLORADO, INC.:

Council was advised that by Resolution No. 12-2-10, Series of 2010, the City approved an application to receive a grant from the United States Department of Agriculture to benefit a technical assistance training visit by Downtown Colorado, Inc.  In 2011, Downtown Colorado, Inc. was awarded the USDA funds for 2012-13 and is currently planning its schedule for providing community Technical Assistance Training.  Matching funds are being requested from the City.

Present to address Council was Mr. Richard O’Connell, representing Logan County Economic Development Corporation (LCEDC) and Sterling Urban Renewal Authority (SURA).  They are asking for one third of the matching funds for the grant.  The grant is funded by USDA and the other fifty percent would be split three ways between LCEDC, SURA and the City.

There was discussion that this might be overlapping information with the Master Plan.  Tentatively, they are set to be in town on July 16 and 17, 2012.

Councilmember Brigham made a motion to approve one third of the matching funds.  Councilmember Rice seconded the motion.  By a five-yes vote, the motion was approved.

PRESENTATION BY ROGER HOSEA, CHAIRPERSON OF THE PLANNING COMMISSION, AND RECOMMENDATION REGARDING PROPOSAL FOR THE COMPREHENSIVE MASTER PLAN UPDATE:

Mr. Roger Hosea, Chairperson of the Planning Commission, was present to address Council.  Mr. Hosea advised that on June 8, 2012 the Planning Commission held a special meeting and conducted interviews for a consultant to assist the City with its Comprehensive Master Plan update.  He advised that they interviewed three companies – McCool Development Solutions, Planning Works and Plan Tools. Each company gave a 30-minute presentation and then they were allowed 30 minutes of questions.  After the presentations, the Planning Commission recommends McCool Development Solutions.

There was discussion that this was not the lowest bid.  However, in a project like this the quality of the work is important.

City Attorney Penny advised Council McCool Development Solutions should complete their contract document and bring it forward for the City’s approval.

This will be on the next Council agenda on July 10, 2012.

 

RESOLUTION NO. 6-4-12, SERIES OF 2012 -  A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO APPROVING AN AGREEMENT FOR CONSTRUCTION WITH THE STATE OF COLORADO, DEPARTMENT OF TRANSPORTATION, DIVISION OF ENGINEERING, DESIGN AND CONSTRUCTION:

City Manager Kiolbasa advised Council that the State of Colorado is doing a construction project on Highway 138 and the project crosses the Pioneer Drainage Ditch right-of-way easement owned by the City.  CDOT is proposing to replace a timber bridge where the Pioneer Ditch goes under Highway 138 and needs the City’s permission to proceed.  This resolution gives approval to CDOT to go forward with the proposed construction on that right-of-way easement.

Councilmember Brigham made a motion to approve Resolution No. 6-4-12, Series of 2012.  Councilmember Lawson seconded the motion.  By a five-yes vote, the motion was approved.

FIRST READING OF ORDINANCE NO. 5, SERIES OF 2012 – AN ORDINANCE APPROVING AN EASEMENT ON CITY OWNED PROPERTY FOR THE BENEFIT OF ADJOINING PROPERTY CONCERNING THE RELOCATION OF AN EXISTING LOADING DOCK:

City Manager Kiolbasa advised Council that due to construction of improvements in the Gateway Business Park, the Donelan Company desires to obtain an easement on City-owned property for purposes of relocating a loading dock, which at the present time is used by the Sunmart Grocery business located on the Donelan property.  This ordinance approves the granting of that easement.

Councilmember Lawson made a motion to introduce Ordinance No. 5, Series of 2012.  Councilmember Rice seconded the motion.  City Clerk Forbes read the ordinance by title.  By a five-yes vote, the motion was approved.

CONSTRUCTION CONTRACT AGREEMENT – 2012 DOWNTOWN ALLEY IMPROVEMENTS PROJECT:

City Manager Kiolbasa advised Council that sealed bids were received June 14, 2012 for the 2012 Downtown Alley Improvements 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 Yost Construction Co. and Notice of Award will be issued accordingly. 

The amount of the contract is $64,796.90.

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

CONSIDERATION OF HATCH MOTT MACDONALD CONTRACT AMENDMENT NO. 5 ENGINEERING SERVICES DURING CONSTRUCTION AND POST CONSTRUCTION:

City Manager Kiolbasa advised Council that this agreement is for the engineering evaluation, design, permitting assistance services during construction and post construction services for the deep well injection well head systems and rehabilitation and replacement of existing raw water wells.  It is funded by the loan proceeds.

Councilmember Brigham made a motion to approve the Hatch Mott MacDonald Contract Amendment No. 5.  Councilmember Lawson seconded the motion.  By a five-yes vote, the motion was approved.

MISCELLANEOUS COUNCIL BUSINESS:

COLORADO DEPARTMENT OF CORRECTIONS (CDOC) COMMUNITY SOLAR GARDEN:

City Manager Kiolbasa advised Council that information was included in the packet regarding this.  There are several City buildings that it would be advantageous to do this project.  City Manager Kiolbasa asked Council if there was an interest to continue discussions with CDOC.

It was also asked if City property would be available if another garden is needed.

It was the consensus of the Council for City Manager Kiolbasa to continue discussions with CDOC.

EMPLOYEE SALARIES:

City Manager Kiolbasa advised Council that the information given to Council is the remaining employees that were left out of the compression review.  The cost of the project would be approximately $2,600 annually.  He was concerned that this would no longer be addressing compression.

Councilmember Brigham advised he felt that it should be issued to those individuals.  It was the consensus of Council to proceed.

MISCELLANEOUS:

Council asked regarding fireworks.  City Manager Kiolbasa advised that the Logan County Sheriff has given the City permission to proceed.  Council asked how Fire Chief Vogel felt and advised they felt it would be up to him if he felt it safe to do it.

City Manager Kiolbasa advised Council on Thursday, July 26 at noon there would be a barbeque sponsored by Hydro at the new water plant.  This will be offered to officials and employees.

There was discussion regarding the now Councilmember vacancy in Ward 1.  There has been one application received for the vacancy in Ward 2.  This will continue to be advertised.

Mayor Brungardt asked that the different boundaries be described on the next ad for Councilmember vacancies.

Councilmember Rice asked regarding the rotation of being on the radio and if new Mayor Brungardt was planning to change this.  There was discussion that a list is needed. 

ADJOURNMENT:

There being no further business to come before Council the meeting adjourned at 9:10 p.m.

MAYOR

ATTEST:

 CITY CLERK