December 18, 2014

City Council Minutes of September 25, 2012

STERLING,COLORADO

SEPTEMBER 25, 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, September 25, 2012.   Mayor Brungardt called the meeting to order at 7:00 p.m.

Councilmembers present:

                        Mayor                                       Brungardt                                 

 

                        Councilmembers                       Brigham

                                                                                  Flores

                                                                                   Lawson

                                                                                  Pitcher

                                                                                  Rice

                                                                                Torres   

Also present:

                    City Manager                             Kiolbasa

                    City Attorney                             Penny 

                       City Clerk                                  Forbes

                        Public Works Director                Allen

                        Police Chief                              Breivik

Citizens present: 27

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 September 11, 2012.

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

Present to address Council was Mr. Scott Annable, 16394 Highway 14.  Mr. Annable expressed his concerns on the usage of the idle funds from the old hire police fund.  He questioned if what was being done was legal and felt it was not ethical. 

UNFINISHED BUSINESS:

APPLICATION FOR RENEWAL OF TAVERN LIQUOR LICENSE – ICE LANES, INC. – ICE LANES – 208 NORTH 10TH AVENUE:

City Manager Kiolbasa advised Council that this application for renewal of the tavern liquor license was timely filed and the licensee has paid the required fees.  The current license expires on October 6, 2012.  Council requested that a representative of the licensee appear to answer any questions Council might have.

Present to address Council was Ms. Icel Haynes, 14265 Summit Drive.  Mayor Brungardt asked Ms. Haynes to explain the violations.  Ms. Haynes explained the violations.

Councilmember Brigham made a motion to approve the renewal of tavern liquor license for Ice Lanes located at 208 North 10th Avenue.  Councilmember Flores seconded the motion.   By a six-yes and one no vote, the motion was approved.  Voting was as follows:

                        Brigham            yes                   Flores               yes

                        Pitcher              no                    Brungardt          yes

                        Lawson             yes                   Rice                  yes

                         Torres               yes

RECOMMENDATION OF PERSONNEL BOARD:

Mr. Ed Bohac, Personnel Board Chairperson, was present to address Council.  Mr. Bohac advised Council that the recommendation from City Manager Kiolbasa is sustainable.  He feels that if the funds were doubled it would not be sustainable.  Mr. Bohac advised that the Personnel Board recommended on the salary survey to not have the Front Range cities in the survey because that makes it out of proportion.  The City needs to look at comparable towns and cost of living.  He advised that moving of the money is not unreasonable.  The funds would be available for four to five years.  The City would have to have growth to sustain the funds after that time.  He advised there were other factors that were brought up regarding retention issues but he did not want to get into that. 

Mayor Brungardt questioned item No. 3, which is “Investigation of the feasibility of implementing a part-time police officer program to assist SPD in times of officer shortages to be completed no later than December 31, 2012”.  Mr. Bohac advised this was from the Personnel Board; there were no suggestions made to them regarding this.  He reminded Council that the Personnel Board could only recommend the salaries. 

City Manager Kiolbasa advised that the Human Resource Director sets the salaries. Council can only fund or not fund them. 

Councilmember Brigham advised he felt that Council should look at immediate needs along with sustainability.  There was discussion at looking at the funds left in the 2012 budget to see if there was enough to implement the increases now or if we would need to reappropriate.

Mayor Brungardt pointed out that the Police Department took the time to do the figuring on this and there was no other department with a retention issue.

City Manager Kiolbasa advised that he objects to the accusation made earlier.  He will get legal advice and FPPA’s advise as if this is an ethical way in spending the funds.

City Manager Kiolbasa advised he would look at the dollars available in the 2012 budget and bring it back to Council.

Mr. Bohac advised that he felt the salary ranges should be addressed.  Currently, if someone hits the maximum amount they are still given increases.  It should be if the employee hits the maximum salary amount they should be completely frozen.

GOALS AND PROJECTS UPDATE:

City Manager Kiolbasa addressed the following goals and projects:

  • Scalva Homestead – The auction is set for October 22, 2012 at 5:30 p.m. 
  • Master Plan – First community meeting is October 4, 2012 at 5:00 p.m. at the Library.
  • Police Retention – This was discussed previously.
  • Electronic Media Training – He still needs dates for electronic media training.
  • Proposed 2013 Budget – This will be presented to Council in two weeks.  The public hearing must be set for two weeks later.

NEW BUSINESS:

APPLICATION FOR SPECIAL EVENTS PERMIT – PLAINSMAN ATHLETIC GROUP/NORTHEASTERN JUNIOR COLLEGE FOUNDATION – 100 COLLEGE AVENUE:

City Manager Kiolbasa advised Council this application for a Special Events Permit was filed by the Plainsman Athletic Group/Northeastern Junior College Foundation, to be held at the Bank of Colorado Event Center, 100 College Avenue, on October 20, 2012, from 3:00 o’clock p.m. to 11:59 o’clock p.m., for a Cajun boil fundraiser.  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.

Present to address Council was Mr. Bryan Shepherd, 14201 Cottonwood Circle and Ms. Marci Henry, 14223 Summit Drive.  Mr. Shepherd advised Council that this is for their annual event.

Mayor Brungardt opened the public hearing. 

There were no comments.

Mayor Brungardt closed the public hearing.

Councilmember Rice made a motion to approve the Special Events Permit for the Plainsman Athletic Group/Northeastern Junior College Foundation.  Councilmember Flores seconded the motion.  By a seven-yes vote, the motion was approved. 

APPLICATION FOR NEW HOTEL AND RESTAURANT LIQUOR LICENSE – BAKER’S STATION, LTD. – OLD TOWN BISTRO – 402 MAIN STREET:

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.  The appropriate fees have been submitted.  City Council set the date for the public hearing for September 25, 2012.  Notice of the public hearing was published in the Sterling Journal-Advocate and posted on the premises for the required ten-day period.  The reports from the Police and Fire Department were sent out and copies were mailed to the applicant.  The applicant was advised that a representative needs to be present at the public hearing to answer any questions Council might have.

Present to address Council was Ms. Kandis Roche, 830 Park, and Mr. Ted Acton, 830 Park. 

Mayor Brungardt opened the public hearing.

There were no comments.

Mayor Brungardt closed the public hearing.

Councilmember Lawson made a motion to approve the Hotel and Restaurant liquor license for Baker’s Station, Ltd., Old Town Bistro, 402 Main Street.  Councilmember Brigham seconded the motion.  By a seven-yes vote, the motion was approved.

FIRST READING OF ORDINANCE NO. 8, SERIES OF 2012 – AN ORDINANCE MAKING AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF NINE HUNDRED THIRTY-SEVEN THOUSAND TWO HUNDRED SEVENTY-ONE DOLLARS ($937,271) AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY, AND INCREASING THE AMOUNT OF THE REVENUE BUDGET FOR 2012 BY ONE HUNDRED THIRTY THOUSAND TWO HUNDRED FIFTY-FIVE DOLLARS ($130,255):

City Manager Kiolbasa advised Council that this ordinance appropriates projects that came up after the budget process.  This also allows the spending of revenue that has been received for projects during the year.

Councilmember Lawson made a motion to introduce Ordinance No. 8, Series of 2012.  Councilmember Brigham seconded the motion.  City Clerk Forbes read the ordinance by title.

City Manager Kiolbasa advised that the City had received funds for the High Park Fire, in which the fire truck and personnel assisted.  He advised that spending is increased in the Water Fund to start purchasing supplies for the operation of the new plant. 

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

RESOLUTION NO. 9-1-12, SERIES OF 2012 – A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO, APPROVING FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS RELATING TO THE AMENDED GATEWAY BUSINESS PARK REDEVELOPMENT AND REIMBURSEMENT AGREEMENT, AND AUTHORIZING THE REIMBURSEMENT OF THE COSTS FOR CONSTRUCTION OF THE PUBLIC IMPROVEMENTS TO NORTH RAILWAY STREET:

City Manager Kiolbasa advised Council that this resolution provides the required written approval and acceptance of the public improvements to North Railway Street, and authorizes reimbursement to the Developer for actual costs in constructing said public improvements, up to $60,000.

Councilmember Lawson made a motion to approve Resolution No. 9-1-12, Series of 2012.  Councilmember Flores seconded the motion. 

City Manager Kiolbasa advised Council that Sterling Urban Renewal Authority will pay $60,000.  The City has to accept and approve the improvements.

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

DEPARTMENT HEAD REPORT – POLICE CHIEF:

Police Chief Breivik gave his department report. 

MISCELLANEOUS COUNCIL BUSINESS:

BANNERS AND LIGHTS ON XCEL POLES:

City Attorney Penny advised Council that he would recommend staff just monitor this issue at the current time.  He also advised Council to stop by and see how the City Attorney’s office operates.

EXECUTIVE SESSION:

Mayor Brungardt made a motion to go into executive session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402 (4) (e) and to discuss the purchase, acquisition, lease, transfer, or sale of real, personal or other property interest under C.R.S. Section 24-6-402 (4) (a).  Councilmember Lawson seconded the motion.  By a seven-yes vote, the motion was approved.

Council went into executive session at 8:20 p.m.

Council came out of executive session at 9:25 p.m.

Mayor Brungardt advised those present in the executive session were:  City Council, City Manager, City Attorney, Deputy City Attorney, Mr. Rich O’Connell, Mr. Ron Clark and Mr. Robert Hunkleman.

Mayor Brungardt advised 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, she would asked that they state their concerns for the record. 

There was none.                                                                                  

ADJOURNMENT:

There being no further business to come before Council the meeting adjourned at 9:27 p.m. 

MAYOR

ATTEST:

CITY CLERK