May 23, 2013

City of Sterling Council Minutes August 14, 2012

 

STERLING,COLORADO

AUGUST 14, 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 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, August 14, 2012.   Mayor Brungardt called the meeting to order at 7:00 p.m.

Councilmembers present:

                        Mayor                                       Brungardt                                 

                        Councilmembers                       Brigham

                                                                                  Flores

                                                                                  Lawson

                                                                                 Rice           

Also present:

                        City Manager                             Kiolbasa

                        City Attorney                             Penny

                        City Clerk                                  Forbes

                        Public Works Director                Allen

                        Parks, Library and

                        Recreation Director                    Hungenberg

Citizens present: 28

ADMINISTRATION OF OATH OF OFFICE TO NEWLY APPOINTED COUNCILMEMBERS:

Judge Michael Singer sworn in new Councilmember Alice Pitcher and Councilmember Dan Torres, Jr.

CONSENT AGENDA:

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

Items on the consent agenda were:  City Council minutes of July 24, 2012, City Council minutes of July 31, 2012, re-appointment of Barbara Saylor to the Parks, Library and Recreation Board, appointment of Ron Skadulis to the Planning Commission and an application for renewal of 3.2 percent beer retail liquor license (off premises) for Seven Eleven located at 311 West Main Street.

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

None

UNFINISHED BUSINESS:

SECOND READING AND PUBLIC HEARING OF ORDINANCE NO. 6, SERIES OF 2012 – AN ORDINANCE GRANTING A RIGHT-OF-WAY EASEMENT ON CITY-OWNED PROPERTY TO KENTEC COMMUNICATIONS, INC.:

City Manager Kiolbasa advised Council that first reading of this ordinance took place on July 24, 2012, and it was thereafter published.  This ordinance grants an easement to Kentec Communications, Inc. for the right to construct, operate, maintain and remove fiber optic cable and a related structure across city-owned property, as described in said Easement Agreement.

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. 6, Series of 2012.  Councilmember Brigham seconded the motion.   By a seven-yes vote, the motion was approved.

GOALS AND PROJECTS UPDATE:

City Manager Kiolbasa addressed the following goals and projects:

  • Scalva Homestead – The County should approve the subdivision exemption  September 4 and the auction will follow.
  • Police Retention – The Personnel Board met today and received a lot of information to review.  The Board is hoping to meet again next Thursday.
  • Nuisance Ordinance – He has a meeting tomorrow morning with Code Enforcement Supervisor Good regarding the status of a property.
  • ATVs on City Streets – There is research underway for this.
  • Master Plan – There was a kick off meeting last Thursday.
  • One-way/Two-way Streets – The report is back from Colorado Department of Transportation and has been forwarded to Economic Development for their review.
  • HR Director Position – The applications are closed. Four met the criteria and were interviewed by phone with Mountain States Employee Council (MSEC).  MSEC will be forwarding the three names for interviews.  City Manager Kiolbasa advised he would like two Councilmembers as part of the interview committee.

NEW BUSINESS:

APPLICATION FOR A NEW HOTEL AND RESTAURANT LIQUOR LICENSE – BAKER’S STATION, LTD. – OLD TOWN BISTRO – 402 MAIN STREET – SET SURVEY REQUIREMENT AND PUBLIC HEARING DATE:

City Manager Kiolbasa advised Council that Baker’s Station, Ltd. has filed an application for a new hotel and restaurant liquor license for Old Town Bistro, 402 Main Street.  All documentation and fees have been submitted.  City Council needs to set a date for the public hearing.  Council also needs to determine if it wants a survey to determine the needs and desires of the neighborhood, and if so, the number of contacts required and the designation of the neighborhood.  It is requested that the public hearing be set no sooner than September 25, 2012, to allow for completion of the background investigation.  This date would also allow time for a survey to be completed, if Council determines that a survey is necessary.

Councilmember Brigham made a motion to set September 25, 2012 as the public hearing date, with no survey required for Baker’s Station, Ltd. located at 402 Main Street.  Councilmember Lawson seconded the motion.  By a seven-yes vote, the motion was approved.

RESOLUTION NO. 8-1-12, SERIES OF 2012 -  A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO APPROVING AN ATTACHMENT F TO PROFESSIONAL SERVICES AGREEMENT WITH ARMSTRONG CONSULTANTS, INC.:

City Manager Kiolbasa advised Council that on September 8, 2009, Council approved Armstrong Consultants, Inc. as the airport consultant for engineering and planning services.  The services of Armstrong Consultants, Inc. described in Section 1 of that Agreement have been amended or supplemented with respect to the scope of work and fees for Project 2, rehabilitate apron, Phases 1, 2, 3 and 4, and such amendment or supplement is reflected in Attachment F to the Agreement.  This resolution authorizes the Mayor to sign Attachment F to the Professional Services Agreement.

Councilmember Flores made a motion to approve Resolution No. 8-1-12, Series of 2012.  Councilmember Brigham seconded the motion.  By a seven-yes vote, the motion was approved.

RESOLUTION NO. 8-2-12, SERIES OF 2012 – A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO APPROVING THE EXECUTION OF A LETTER OF INTENT REGARDING PARTICIPATION BY THE CITY OF STERLING IN A XCEL ENERGY PROGRAM TO BE KNOWN AS THE LOGAN COUNTY SOLAR GARDEN(S):

City Manager Kiolbasa advised Council that this resolution approves execution of a letter of intent for the City to participate in a community solar garden program of Xcel Energy, subject to subsequently entering into a formal Subscription Agreement.

Councilmember Rice made a motion to approve Resolution No. 8-2-12, Series of 2012.  Councilmember Pitcher seconded the motion. 

City Manager Kiolbasa advised Council that this does not commit the City to anything.  It just lets them know that the City is seriously negotiating the subscriber agreement.  There is a possibility that the City could save $20,000 to $60,000 a year by doing this.  Other subscribers are Department of Corrections, Northeastern Junior College and Colorado Department of Transportation.

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

RESOLUTION NO. 8-3-12, SERIES OF 2012 – A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO APPROVING A GRANT APPLICATION TO THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND PERTAINING TO THE COMPLETION OF A PARKS AND RECREATION MASTER PLAN UPDATE:

Parks, Library and Recreation Director Hungenberg advised Council that they are applying for a planning grant.  This would be more detailed than the overall master plan being done.  The resolution is necessary for the grant application.  The cost to the City would be $25,000.  She pointed out that GOCO does not pay for studies on Libraries and Museums, however, the consultant felt that they could add that to the plan and still be within the $25,000.  

Councilmember Flores made a motion to approve Resolution No. 8-3-12, Series of 2012.  Councilmember Brigham seconded the motion.  By a seven-yes vote, the motion was approved.

PRESENTATION ON PARI-MUTUEL WAGERING, AND CONSIDERATION OF INITIATION OF PROCEDURE FOR APPENDIX A – ZONING TEXT AMENDMENT:

City Manager Kiolbasa advised Council that they have had a scheduling conflict and asked to come in October.

UTILITY BUILDING AMOUNT:

City Manager Kiolbasa advised that he contacted Mr. Ullmann who did the last rate study, and he provided information from other towns.  There are towns that have higher rates for outside of city limits.  For example, Fort Morgan and Greeley are twice the amount for outside city limits, Loveland and Longmont are one and one-half, Denver is 1.27 percent higher.

Councilmember Brigham asked if this higher rate was in the formula when the rates were set for the new treatment plant.  He was advised yes.  He did not feel it was right to go back and change it at this time.

City Attorney Penny cautioned Council to think this through and to look at other agreements regarding inside/outside costs.

There was discussion regarding annexing into the City.

City Manager Kiolbasa advised Council that he would go back to Mr. Ullmann and find out what impact this would have if anything was changed. 

PRESENTATION FROM MS. KIM SELLERS, CHAIRPERSON FOR CITIZEN’S ADVISORY BOARD, AND COUNCIL APPOINTMENT OF CITIZEN’S ADVISORY BOARD MEMBER:

Ms. Kim Sellers, Chairperson for Citizen’s Advisory Board, was present to address Council.  Ms. Sellers gave Council a history of the hotel tax and asked a Council representative to attend their meetings the third Thursday of the month at 2:00 p.m.  Councilmember Torres volunteered.

Mayor Brungardt asked Ms. Sellers to have the list of the other people on the committee at the next Council meeting in two weeks so this could be approved.

DEPARTMENT HEAD REPORT – PUBLIC WORKS DIRECTOR:

Mr. Jim Allen, Public Works Director, gave his report.  Public Works Director Allen thanked Street/Sanitation Superintendent Jeff Reeves for the excellent job he is doing in the absence of a Utility Superintendent.

MISCELLANEOUS COUNCIL BUSINESS:

COMMEMORATIVE AIR FORCE ARIZONIA WING EXHIBIT:

City Manager Kiolbasa advised Council that the City would be hosting a commemorative Air Force Arizona Wing exhibit.  This will be September 4 through September 10.  There is no financial obligation to the City, only a space for the airplane to be.

ELECTRONIC MEDIA:

City Manager Kiolbasa asked Council to let him know within the next week when training would be good for them.

CITY OF STERLING MASTER PLAN:

The Master Plan Consultants would like to have a meeting with Council and the Planning Commission.  They would like it on September 4, 2012, which is the first Tuesday of September.

There is also an interest in the use of sidewalks for outdoor dining.  It was the consensus of Council to review this for a zoning change.

City Manager Kiolbasa advised Council that he handed out the work paper budget. He asked Council to give him any input on projects. 

Councilmember Torres asked regarding the benches facing the buildings in downtown.  He was advised that the benches are placed like that because of ADA requirements.

Mayor Brungardt explained to the new Councilmembers the rotating schedule of being on the radio the following Wednesday after regular Council meetings.  Councilmember Brigham was scheduled for this week and asked Mayor Brungardt to cover if he is not available.

ADJOURNMENT:

There being no further business to come before Council the meeting adjourned at 8:52 p.m.

MAYOR

ATTEST:

CITY CLERK