SEPTEMBER 11, 2012
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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 Wendy Kalan of Peace Lutheran Church 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, September 11, 2012. Mayor Brungardt called the meeting to order at 7:00 p.m.
City Manager Kiolbasa
City Attorney Penny
City Clerk Forbes
Public Works Director Allen
Fire Chief Vogel
Library Superintendent VanDusen
Engineer Technician Kaufman
Citizens present: 24
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Councilmember Lawson made a motion to approve the consent agenda. Councilmember Rice seconded the motion. Mayor Brungardt had a correction to the September 5, 2012. The minutes indicate Mayor Joy, it should be Mayor Brungardt. Mayor Brungardt advised that she would like Ice Lanes taken off the Consent Agenda because they had a violation and she would like them to come in to explain.
The original motion to approve the consent agenda failed on a six-yes and one-no vote. Voting was as follows:
Lawson yes Rice no
Brigham no Brungardt no
Flores no Pitcher no
Councilmember Rice made a motion to take Item B off the consent agenda. Councilmember Brigham seconded the motion. By a seven-yes vote, the motion was approved.
Councilmember Rice made a motion to approve the consent agenda as corrected. Councilmember Pitcher seconded the motion. By a seven-yes vote, the motion was approved.
Items on the consent agenda were: City Council minutes of August 28, 2012 and City Council minutes of September 5, 2012.
COMMUNICATION AND PERSONAL APPEARANCE OF NON-SCHEDULED CITIZENS BEFORE THE COUNCIL:
Present to address Council was Mr. Alan Krier. Mr. Krier advised he would like to discuss the Lincoln Street job. He was advised that this is on the agenda later.
SECOND READING AND PUBLIC HEARING OF ORDINANCE NO. 7, SERIES OF 2012 – AN ORDINANCE AMENDING AN EASEMENT AGREEMENT BETWEEN THE CITY OF STERLING AND THE DONELAN COMPANY, REGARDING AN EASEMENT ON CITY-OWNED PROPERTY FOR THE BENEFIT OF ADJOINING PROPERTY CONCERNING THE RELOCATION OF AN EXISTING LOADING DOCK:
City Attorney Penny advised Council that first reading of this ordinance took place on August 28, 2012, and it was thereafter published. By Ordinance No. 5, Series of 2012, the City approved the granting of an easement on City-owned property and entered into an Easement Agreement with The Donelan Company. This ordinance approves an amendment to the Easement Agreement to provide for the fee for use of the easement property to be paid in ten (10) year advance increments, rather than an annual fee of $100.00 as presently set forth in the 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. 7, Series of 2012. Councilmember Flores seconded the motion. By a seven-yes vote, the motion was approved.
BERNICE MILLS UPDATE ON DOWNTOWN HISTORIC DISTRICT:
Present to address Council was Ms. Bernice Artzer-Mills, 2501 Grove, Apartment A, Denver, Colorado. Ms. Mills advised Council that she has raised all the funds and will start the survey process. This will take three to five months. She will be contacting City Manager Kiolbasa for the City’s contribution.
POLICE RETENTION UPDATE BY PERSONNEL BOARD CHAIRPERSON:
Mr. Ed Bohac, Personnel Board Chairperson, was present to address Council. Mr. Bohac advised Council that Ms. Renee Johnson and Mr. Robert McCarty are also on the board. He advised that the police officers feel that their prime retention problem is salaries. He advised that the Board feels the salaries do need to be adjusted, but they also feel a Citywide salary survey is needed. The Board is continuing to meet. They will hopefully have their recommendation, if not at the next meeting, for sure the next meeting after that. Mr. Bohac advised Council that the Board could only recommend, the City Manager makes the final decision.
Mayor Brungardt asked why a survey is needed as the police are the only department that has retention issues. Mr. Bohac advised that this would treat all employees fairly. The survey is done by a consultant.
City Manager Kiolbasa advised that the City is currently looking at a firm that will do this.
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Councilmember Rice made a motion to approve Kim Sellers, Chairperson – Chamber; Alex Wright; Dennis Foxhoven-Hotels; Bernie Mathis-Arts & Culture; Richard O’Connell-Economic Development; Rocky Joy-Business Realtor; and Dan Torres-City Council to the Citizens Advisory Board. 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 City received the subdivision exemption. Staff is talking to realtors about this now.
- Master Plan – work is continuing.
- Police Retention – The Personnel Board is meeting as per their report.
PRESENTATION OF LIBRARY CARD SIGN-UP MONTH PROCLAMATION:
Mayor Brungardt read the proclamation and presented it to Ms. Sandy VanDusen, Library Superintendent.
REQUEST TO LEASE RIVER BOTTOM PROPERTY FOR CATTLE GRAZING:
City Manager Kiolbasa advised Council that a party wishing to graze cattle on the river bottom has contacted him. The zoning prohibits livestock inside the city limits. Council advised that they do not wish to do this.
LINCOLN STREET WATER SYSTEM IMPROVEMENTS – NOTICE OF AWARD:
Present to address Council was Mr. Alan Krier, 11820 County Road 370. Mr. Krier was representing Concrete Specialties. He advised Council that Concrete Specialties is the low bid, as far as the base bid. He advised that the add on items are secondary, just in case. They do not know if any of these will occur. Mr. Krier feels they have the low bid.
Public Works Director Allen advised Council that he has always taken the best interest of the City.
Public Works Director Allen advised Council that sealed bids were received August 30, 2012 for the Lincoln Street Water System Improvements. Plans and specifications were issued to four (4) qualified contractors, and two (2) bids were received. 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 Notice of Award with Purgatoire Valley Construction, Inc. and contract documents will be issued accordingly.
Mayor Brungardt advised she knows that the City has gone off the base bid a number of times and asked why staff did not do it this time. She also questioned why the City’s consultant is JDS-Hydro Consultants, who currently works with Purgatoire Valley Construction, Inc. and feels that this is a conflict of interest.
City Manager Kiolbasa advised Council that when the City hired JDS Hydro, staff had no idea who was going to go out for bid.
There was discussion regarding keeping the bid local.
Engineer Technician Kaufman advised that he had worked with the consultants and went over the bid alternatives. He explained the items that were bid alternates and the reason why they were on the bid.
Councilmember Lawson advised that he did not care about local; his concern is saving money, which helps the citizens. He advised that he wants to defend the City staff. They have hired consultants to be an expert and if the City does not use their recommendation, he wonders why we would have them.
There was discussion. Local preference was addressed again.
Councilmember Brigham advised he feels the City should look at a consistency in the bids. Public Works Director Allen advised that if Council wishes this, then Public Works needs guidance on how Council wants it done.
Councilmember Torres made a motion to approve the Notice of Award to Concrete Specialties for $272,046.45. Councilmember Rice seconded the motion. By a five-yes and two- no vote, the motion was approved. Voting was as follows:
Torres yes Rice yes
Flores no Lawson no
Brigham yes Brungardt yes
DISCUSSION REGARDING COMMUNITY SOLAR GARDEN:
There was discussion regarding the Community Solar Garden. City Manager Kiolbasa advised Council that they are asking Council to support its application. This could save the City between $500,000 and $900,000 within the next 20 years. There is no obligation upfront; however, if this all went through the City would be obligated to buy power from them. The four subscribers are City of Sterling, Northeastern Junior College, Colorado Department of Transportation and the Colorado Department of Corrections.
It was the consensus of Council to proceed with the program.
DEPARTMENT HEAD REPORT – FIRE CHIEF:
Fire Chief Vogel gave his department report.
MISCELLANEOUS COUNCIL BUSINESS:
BANNERS AND LIGHTS ON XCEL POLES:
City Manager Kiolbasa asked Council how far they wanted to go in getting the City involved in this. Some cities are doing ordinances. The major impact to the City is the Christmas lights.
Councilmember Brigham advised that the City should proceed with past practices this Christmas season.
It was the consensus of Council to bring back an ordinance such as Blackhawk, Colorado did for Council’s approval.
City Manager Kiolbasa explained to Council that he has discussed with Tom Ullmann regarding the rate of return and the outside rates.
City Manager Kiolbasa reminded Council of the training for next Tuesday evening at 6:00 p.m. for the electronic tablets. There will also be a re-appropriation ordinance for the next regular Council meeting. City Manager Kiolbasa handed out the work paper 2013 budget. There are currently no adjustments for salaries. He asked Council to let him know if they have any comments or suggestions. There will also be an executive session at the next regular meeting. Also coming up is the formal acceptance of North Railway Street.
There being no further business to come before Council the meeting adjourned at 8:56 p.m.