City Council Minutes July 13, 2010
STERLING, COLORADO
JULY 13, 2010
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.
Pastor Chuck Vorderberg, Zion Church, gave the invocation. Mayor Pro-Tem Fuller 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, July 13, 2010. Mayor Pro-Tem Fuller called the meeting to order at 7:00 p.m.
Councilmembers present:
Mayor Pro-Tem Fuller
Councilmembers Delgado-Diaz
Haynes
Joy
Lawson
Rieb
Councilmembers absent:
Mayor Fetzer
Also present:
City Manager Kiolbasa
City Clerk Forbes
Public Works Director Allen
Engineer Technician Kaufman
Water/Wastewater Superintendent Wright
Citizens present: 7
CONSENT AGENDA:
Councilmember Haynes made a motion to approve the consent agenda. Councilmember Rieb seconded the motion. By a six-yes vote, the motion was approved.
Items on the consent agenda were: City Council minutes of June 8, 2010, re-appointment of Carol Keil to the Sterling Urban Renewal Authority, renewal tavern liquor license for Henry’s Pub & Club located at 138 South Front Street, renewal of 3.2 percent beer retail liquor license (off premises) for 7-Eleven located at 311 West Main Street and renewal of 3.2 percent beer retail liquor license (off premises) for Wal-Mart located at 1510 West Main Street.
COMMUNICATION AND PERSONAL APPEARANCE OF NON-SCHEDULED CITIZENS BEFORE THE COUNCIL:
Present to address Council was Ms. Kim Sellers, Logan County Chamber of Commerce. Ms. Sellers advised Council that they are looking at putting a TV in the Visitor’s Center to play the City videos from the web site.
Councilmember Joy advised Council that the Chamber discussed this and they are asking that the City provide the video, screen and installation.
Council asked if this would be tied in with the sign at the Visitor’s Center and what restrictions would there be on the type of information to be played.
Councilmember Delgado-Diaz felt it was a good idea, but was concerned regarding the price.
Council asked if the City was asked to pay the full amount.
Council asked City Manager Kiolbasa if the money was available. City Manager Kiolbasa advised Council that he handed out the second quarter financial report. The revenue is the same as last year; however, expenses are 8 percent higher than last year. He advised there would probably be money in the community relations or the contingency fund of the budget. He advised that he is not convinced that it should be a total City project.
Mayor Pro-Tem Fuller asked if this could be put on the next meeting’s agenda.
UNFINISHED BUSINESS:
SECOND READING AND PUBLIC HEARING OF ORDINANCE NO. 7, SERIES OF 2010 – AN ORDINANCE AMENDING THE STERLING CITY CODE, CHAPTER 9, LICENSES, PERMITS AND BUSINESS REGULATIONS, TO ADD ARTICLE XI, MEDICAL MARIJUANA:
City Manager Kiolbasa advised Council that first reading of this ordinance took place June 8, 2010, and it was thereafter published. This ordinance bans the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers’ licenses.
City Clerk Forbes read the ordinance by title.
Mayor Pro-tem Fuller opened the public hearing.
There were no comments.
Mayor Pro-Tem Fuller closed the public hearing.
Councilmember Haynes made a motion to approve Ordinance No. 7, Series of 2010. Councilmember Joy seconded the motion.
Mayor Pro-Tem Fuller advised Council that this had been a topic at the CML conference and a lot of cities are dealing with it.
By a five-yes and one-no vote, the motion was approved. Voting was as follows:
Haynes yes Joy yes
Rieb no Delgado-Diaz yes
Fuller yes Lawson yes
NEW BUSINESS:
LOGAN COUNTY CHAMBER OF COMMERCE – CHRISTMAS DECORATIONS:
Present to address Council was Ms. Kim Sellers, Logan County Chamber of Commerce. Ms. Sellers advised Council that the Board thought the Chamber had donated the Christmas lights to the City. They received a bill for $509.00 this year for the electricity. The Chamber would like to donate the lights to the City with exchange for the electric bill.
City Manager Kiolbasa advised Council of the history of the Christmas decorations.
Councilmember Joy advised he would be abstaining. However, they have done research and in other cities, the city maintains the lights.
City Manager Kiolbasa advised Council that his concern was that if the City sponsors the lights there could be questions on what streets should be lit. There is also concern if storage for the decorations would be found.
Councilmember Rieb made a motion to table the Christmas decorations until the next meeting. Councilmember Lawson seconded the motion. By a five-yes and one-abstain vote, the motion was approved. Voting was as follows:
Rieb yes Lawson yes
Joy abstain Delgado-Diaz yes
Fuller yes Haynes yes
FIRST READING OF ORDINANCE NO. 8, SERIES OF 2010 – AN ORDINANCE MAKING AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF FOUR MILLION EIGHT HUNDRED TWENTY-EIGHT THOUSAND NINE HUNDRED THIRTY-SIX DOLLARS ($4,828,936) AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY, AND INCREASING THE AMOUNT OF THE REVENUE BUDGET FOR 2010 BY FOUR MILLION FIVE HUNDRED NINETY-EIGHT THOUSAND SIXTY-THREE DOLLARS ($4,598,063):
City Manager Kiolbasa advised Council that this ordinance re-appropriates for 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 Haynes made a motion to introduce Ordinance No. 8, Series of 2010. Councilmember Rieb seconded the motion. City Clerk Forbes read the ordinance by title. By a six-yes vote, the motion was approved.
AWARD OF CONSTRUCTION CONTRACT AGREEMENT – 2010 STREET SURFACE TREATMENT PROGRAM:
City Manager Kiolbasa advised Council sealed bids were received June 10, 2010 for the 2010 Street Surface Treatment Program. The bid proposals have been reviewed and tabulated for accuracy. Sufficient funds are available in the adopted 2010 budget. Upon concurrence and approval from City Council, authorization is requested for the Mayor to sign the Construction Contract agreement with Quality Resurfacing Company and Notice of Award will be issued accordingly.
City Manager Kiolbasa advised Council that this is the slurry seal that had been used in the past.
Councilmember Haynes made a motion to approve the Construction Contract agreement with Quality Resurfacing Company. Councilmember Lawson seconded the motion. By a six-yes vote, the motion was approved.
AWARD OF CONSTRUCTION CONTRACT AGREEMENT – 2010 STREET IMPROVEMENT PROGRAM:
City Manager Kiolbasa advised Council that sealed bids were received July 8, 2010 for the 2010 Street Improvement Project. The bid proposals have been reviewed and tabulated for accuracy. Sufficient funds are available in the adopted 2010 budget. Upon concurrence and approval from City Council, authorization is requested for the Mayor to sign the Construction Contract agreement with McAtee Construction, Company and Notice of Award will be issued accordingly.
Councilmember Haynes made a motion to approve the Construction Contract agreement with Quality Resurfacing Company. Councilmember Rieb seconded the motion.
Council questioned the street portion of North 7th Avenue in this project. Public Works Director Allen advised Council that the American Recovery Reinvestment Act money is for the storm sewer, curb, gutter and sidewalk only.
By a six-yes vote, the motion was approved.
DESIGN CONTRACT FOR WASTEWATER TREATMENT FACILITY AERATION IMPROVEMENTS:
City Manager Kiolbasa advised Council that the eastern aeration basin at the City’s wastewater treatment facility is currently not functional. The condition of the basin liner has severe damage and this was determined when the basin was drained for cleaning and relining.
Water/Wastewater Superintendent Wright advised Council of the wastewater treatment plant history, the problems they are running into and the repairs that need to be done.
Councilmember Lawson made a motion to authorize the Mayor to sign the Scope of Engineering Service contract with Brown and Caldwell for the design and construction documents for plant improvements. Mayor Pro-Tem Fuller seconded the motion. By a six-yes vote, the motion was approved.
MISCELLANEOUS:
GOCO GRANT AWARD:
City Manager Kiolbasa advised Council that RE-1 Valley School District has been awarded its grant for playground equipment at Ayres and Campbell Schools. This is a pass-through grant. The City is commented to in-kind services, although there will be no dollars.
CABLEVISION PURCHASE OF BRESNAN:
City Manager Kiolbasa advised Council that a letter was in the packet regarding this purchase. The City has received a letter form an attorney that will do this for all Home-Ruled cities for $5,000 each. The regulations require Bresnan to file Form 394 with the City, which the City is to review for completeness.
Councilmember Haynes wanted to know what the City Attorney has to say about it.
There were questions regarding if other cities did not participate, how much would the City have to pay.
Mayor Pro-Tem Fuller would like to have the City Attorney conference call with other attorneys regarding this and see if this would be good for the City to do.
HOUSE DEMOLITION ON HAMILTON STREET:
Council was advised there is a house on Hamilton Street that needs to be removed. When the City issues the order to the property owner, and if nothing is done, the City is obligated to demolish it.
INTERVIEWS FOR DIRECTOR OF PARKS, LIBRARY AND RECREATION:
City Manager Kiolbasa advised Council that interviews will be held on Friday, July 16, and asked two Councilmembers to join and be present at 1:00 p.m.
KIDZ ARK REQUEST FOR CITY WATER:
City Manager Kiolbasa advised Council that Kidz Ark is requesting a grant and in order to do this the water service has to be available through the City. The City does not install anything. Currently they want a letter drafted advising that water service is available.
Councilmember Joy made a motion to draft a letter for the City Manager to sign. Councilmember Delgado-Diaz seconded the motion. By a six-yes vote, the motion was approved.
MISCELLANEOUS:
City Manager Kiolbasa advised Council that the employee recognition would be on Thursday, July 15, at 2:30 p.m. at the Service Center for the field divisions and 4:00 p.m. at the Fire Department. This used to be held at the appreciation banquet. The City is now going to a twice a year reception. Employees were given the opportunity to select a gift.
City Manager Kiolbasa advised Council that Mayor Pro-Tem Fuller and he would be attending a meeting with the Commissioners to hear what they wish to do regarding the EMS service.
City Manager Kiolbasa advised Council of topics coming up: Humane Society Lease, Sterling Urban Renewal Authority dollars, the Ramada Inn annexation, Planning grant, deep well injections; pre-bid conference will be held July 29 and bids will be due August 12 and will be awarded August 24, which depends on the permits. Interim Financing for the water project will be on the agenda for August 10.
Councilmember Rieb advised Council that she would like to announce her resignation for Ward 3, effective immediately.
Mayor Pro-Tem Fuller advised Councilmember Rieb that he appreciated the time that she has served on Council.
Council advised that they would take applications until August 3 to fill the vacancy. Interviews and selection will be done at a Special Council meeting on August 17 and the new Councilmember’s first meeting will be on August 24.
Finance Director Forbes asked Council to approve the worksheet for the CML conference expenses. Councilmember Joy made a motion to approve the CML expenses. Councilmember Delgado-Diaz seconded the motion. By a six-yes vote, the motion was approved.
Councilmember Joy asked regarding the stop sign at South 10th Avenue and if anything could be done to slow down the traffic. He advised if Code Enforcement could look at the weeds on Front Street. He suggested a joint committee with the City and the County to look at the EMS situation and how to put a plan in place. He asked this to be a possible agenda item for the next meeting.
Mayor Pro-Tem Fuller advised Council that the City would have more information after the meeting tomorrow.
Councilmember Joy advised Council that at CML there was a session regarding beautification and he suggested a consultant be hired to look at this and to involve SURA, Logan County Economic Development Corporation and possibly the CSU Extension office to form a joint committee to look at this.
ADJOURNMENT:
There being no further business to come before Council the meeting adjourned at 8:47 p.m.
_________________________
MAYOR
ATTEST:
_______________________
CITY CLERK
