April 17, 2014

City Council Meeting October 9, 2012

STERLING,COLORADO

OCTOBER 9, 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.

Mr. Preston Davis, Prison Ministries at Department of Corrections, 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, October 9, 2012.   Mayor Brungardt called the meeting to order at 7:00 p.m.

Councilmembers present:

                        Mayor                                           Brungardt                                

                        Councilmembers                       Brigham

                                                                                  Flores

                                                                                  Lawson

                                                                                   Rice

                                                                                   Torres  

 Councilmembers absent:

                           Councilmember                      Pitcher    

Also present:

                           City Manager                             Kiolbasa

                           City Attorney                             Penny

                            City Clerk                                    Forbes

                            Emergency Management

                            Coordinator                               Owens

Citizens present: 19

CONSENT AGENDA:

Councilmember Lawson made a motion to approve the consent agenda.  Councilmember Rice seconded the motion.  There was a correction to the minutes on Page 3, under Old Town Bistro, first paragraph, says posed, should be posted on the premises.  By a six-yes vote, the motion was approved with the correction.

Item on the consent agenda was:  City Council minutes of September 25, 2012.

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

None

UNFINISHED BUSINESS:

SECOND READING AND PUBLIC HEARING 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 first reading of this ordinance took place on September 25, 2012, and it was thereafter published.  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.

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. 8, Series of 2012.  Councilmember Flores seconded the motion.  By a six-yes vote, the motion was approved.

GOALS AND PROJECTS UPDATE:

City Manager Kiolbasa addressed the following goals and projects:

  • Master Plan – The web site for the Master Plan is up and going.  The surveys are available online.
  • Scalva Homestead – The auction is on October 22, 2012 at 5:30 p.m.  There have been 10 requests for information.  There was discussion if there needs to be a minimum bid.  It was the consensus of Council that this does not have to have a minimum bid.
  • Police Retention – Since no objections were received to his proposal to allow the adjustments to take place yesterday, he is willing to proceed with them unless instructed otherwise.

NEW BUSINESS:

APPLICATION FOR SPECIAL EVENTS PERMIT – STERLING ELKS LODGE NO. 1336 – 321 ASH STREET:

City Manager advised Council that this application for a special events permit was filed by the Sterling Elks Lodge No. 1336, to be held at the Elks Lodge, 321 Ash Street, on October 26, 2012, from 4:30 o’clock p.m. to 12:00 o’clock midnight, for a public dinner event.  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. William Kinney, 1126 Beattie Drive.  Mr. Kinney advised Council that this is the October Fest meal.  This is a new event that is replacing the dance that the Elks used to have.

Mayor Brungardt opened the public hearing.

There were no comments.

Mayor Brungardt closed the public hearing.

Councilmember Torres made a motion to approve the Special Events Permit for the Sterling Elks Lodge No. 1336 located at 321 Ash Street.  Councilmember Rice seconded the motion.   By a six-yes vote, the motion was approved.

CONSIDERATION OF RESOLUTION NO. 10-1-12, SERIES OF 2012 – A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO, APPROVING A RIGHT OF FIRST REFUSAL AGREEMENT PERTAINING TO REAL ESTATE OWNED BY THE CITY OF STERLING AND COMMONLY REFERRED TO AS THE BUFFALO HILLS MARKETPLACE:

City Manager Kiolbasa advised Council that this resolution approves an agreement with Colorado Development & Architecture, Ltd. granting, for a specified length of time, a first right of refusal to purchase City property commonly known as the Buffalo Hills Marketplace.

Councilmember Brigham made a motion to approve Resolution No. 10-1-12, Series of 2012.  Councilmember Lawson seconded the motion. 

City Attorney Penny advised Council that he handed out a copy of the Agreement that has changes.  All the changes are on the first page regarding the dates, April to July.  

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

EMERGENCY MANAGEMENT COORDINATOR REPORT – BOB OWENS:

Emergency Management Coordinator Owens gave his report. 

SUBMISSION OF PROPOSED 2013 BUDGET:

The proposed 2013 Budget was handed out to Council.  City Manager Kiolbasa advised Council that he handed out information regarding City employee vacancies for the last three years, a summary of Recreation programs, income and expenses, and the non-profit organization requests.  Currently, those requests are in the budget at the 2012 level.

Councilmember Lawson made a motion to set the public hearing for the next regular Council meeting on Tuesday, October 23, 2012.  Councilmember Rice seconded the motion.  By a six-yes vote, the motion was approved.

COMMUNITY GARDENS:

City Manager Kiolbasa advised Council that he has been contacted by an individual that is considering continuing the community gardens.  Council would like something in written form from him, advising his plans

MISCELLANEOUS COUNCIL BUSINESS:

City Manager Kiolbasa advised Council that he has been contacted again regarding ATV’s on City streets and asked Council if they would like to receive this information.

City Attorney Penny advised he is not sure that this would be available in Sterling as there are a lot of State Highways.   ATVs are not allowed on State highways.

After discussion, City Attorney Penny will contact the State Patrol to see what the State’s feeling is on this.

Council will meet on the fifth Tuesday, October 30, at 5:30 p.m. for training on the electronic tablets.                                                                                

ADJOURNMENT:

There being no further business to come before Council the meeting adjourned at 7:46 p.m.

MAYOR

ATTEST:

CITY CLERK