ROCKY FORDCITY COUNCIL
July26, 2016
Rocky Ford City Council met in regular session at 7:00 p.m. on Tuesday, July 26, 2016 in Council Chambers. Those present at roll call were:
Mayor: Jarold Sitton
Councilmembers: Susan Jung, J. R. Thompson,Margaret Grasmick, Robert Perez, Daryl Grasmick, Leon Ortega
Staff: Acting City Manager Gary Cox, City Attorney H. Barton Mendenhall,
City Clerk Cheryl Grasmick
Others present: Luke James, Kathy Benz, Kevin Lindahl, Marion Van Dyk-Portner, Steve Culver, James Satt, Mackie and Candace O’Neal, Jeff & Julie Sveinsson, Bill McKnight, Peggy Meyer, Barbara Macklin, Ruth Freidenberger, Bill Butler, Nancy Aschermann, Shelly Bauer, Ed Wiker, Floyd Grano, Susan Bumstead and daughter Nicole, Jolly Rose, Dorothy Perea.
Mayor Sittonledthe Pledge of Allegiance.
APPROVAL OF MINUTES
Councilmember Thompson noted that he was not present at the July 12th meeting, so he was not the one to move to adjourn. It was the general consensus of Council that the Councilmember who moved to adjourn was D. Grasmick. Councilmember Perez moved to approve the July 12, 2016 Council meeting with noted correction. Motion was seconded by Councilmember D. Grasmick. Voting results were: YES Jung, M. Grasmick, Perez, D. Grasmick, Sitton
NONone
ABSTAINThompson, Ortega
Motion carried5-0, with two abstentions.
It was moved by Councilmember D. Grasmick and seconded by Councilmember Perez to approve the minutes of the July 11, 2016 meeting as presented. Voting results were:
YESJung, M. Grasmick, Perez, D. Grasmick, Ortega, Sitton
NONone
ABSTAINThompson
Motion carried 6-0, with one abstention.
APPROVAL OF AGENDA
Councilmember Thompson moved to approve the agenda with addition of re-appointments to the Swimming Pool Commission; D. Grasmick seconded motion. Voting results:
YESJung, Thompson, M. Grasmick, Perez, D. Grasmick, Ortega, Sitton
NONone
Motion carried 7-0.
CITIZENS’ REQUEST TO SPEAK TO CITY COUNCIL
James Satt: Resolution & Block Party Request:
James Satt presented a hand-written resolution for the Council’s consideration. Copies were not provided for Council. He read the following: “Whereas, circular economy of materials management is modern & proper; voluntary recycling is the premier business model in terms of efficiency & cheerful participation;Clean Valley Recycling, Inc. struggles to provide broad range recycling services for the Southeastern Colorado region; landfills are becoming overloaded in a global perspective; therefore, be it ordained that forty-two cents will be added to each residential & commercial address within the city of RF, each month and every dime will be earmarked to support operations of CVR, Inc. Do this because it is a good thing to do; not because of any tangible personal reward.”
Mr. Satt then proposed to have a block party on corner of Tennyson and Lowell at sunset on Sunday, July 31, 2016, and requestedthat the City provide assistance by providing the following items:
1. 500 lbs. of sand delivered to the northeast shore of the Rocky Ford reservoir.
2. Free access to the reservoir the afternoon of July 31st for himself and his party. They will agree to indemnify the City for any injury that may occur and leave a zero footprint except for sand.
3. 500 lbs. of sand leveled at corner of Esther and Carl Allen’s home on corner of Lowell
and Washington.
4. Sawhorses and/or traffic cones to be in place at 2 locations from 6:00 p.m. to midnight:
Lowell & Washington and Tennyson & Main
5. Finally, if there is any sand left over, dump it on “North” Main in the sink hole across from the
water plant.
When asked by Councilmember D. Grasmick what this was for, Mr. Satt replied that it was to meet the neighbors and say farewell to neighbors moving away. Mr. Satt said he was willing to negotiate a price
with the City when he was asked who would be paying for the sand. Following more discussion, Mayor Sitton reminded Mr. Satt and the audience that the reservoir is a restricted area. Acting City Manager Gary Cox said that since this was the first that he had heard of the requests, Mr. Satt needs to come in and discuss this request with Public Works Director Rick Long and himself. Mayor Sitton advised Mr. Satt that the logistics of this request would definitely need to be considered before anything was approved. City Attorney Mendenhall also advised that a simple indemnification would not suffice; amount of insurance, terms, etc. would definitely need to be discussed and considered.
Kevin Lindahl:
Kevin Lindahl approached Council regarding the condition of City property that adjoins the Lindahl property on Industrial Park Road and the possible purchase of this small area of land. He stated that the former city manager made false promises and did not keep a gentleman’s agreement made to his mother and him before the manager finally backed away from the problem. Lindahl would prefer to purchase this 0.17acre piece of land. The City is not mowing or keeping weeds down on the property; the condition has worsened over the last eighteen months with unsightly weeds and blowing seed, becoming extremely annoying. Council discussed the situation and asked City Attorney Mendenhall to research this and advise Council of possibility of simply selling the triangular piece of property to the Lindahls.
PRESENTATIONS–None
STAFF REPORTS, UPDATES, PRESENTATIONS
Acting City Manager Gary Cox:
Dove Fest
The Dove Fest committee is seeking support from the City for their event on September 4th. A budget report of projected income and expenses was provided to Council. Nancy Aschermann, chairperson for the committee, provided a brief informational review of the event. She told Council that all income and expenses go through the City for the Dove Fest.Currently, the City is paying the invoices as they are received. It will be up to Council if they wish to provide additional support as the time for the event approaches and if the need arises.
Difficulty Locating Paperwork:
Acting City Manager Gary Cox advised Council that he is working diligently to provide information on many items and is having a very difficult time tracking and even finding the supporting paperwork and/or documents.
Mackie O’Neal– Water Line Extension
Mackie O’ Neal provided Council with background information on his request to tap onto the City water line behind Oliver Manufacturing west of City on Highway 50. Mr. Mackie made this request at a May10, 2016City Council meeting. After receiving information and recommendations from the former city manager and former water foreman, Council gave their approval to allow the extension and waived the tap fees, with the understanding that the expenses of laying the extended line would be Mr. Mackie’s and that the water line would be given to the City. Acting City Manager Cox serves on a rural water board and told Council he is familiar with similar situations. The proper information and adequate knowledge for this project was not relayed; this water line project needs to be engineered before it is event attempted. A “hand-shake” deal with City administration earlier in the year allowed the Knapp family to put 4 taps onto the City water lineand there are already problems with adequate water pressure for their line. The Knapp’s were allowed to buy their own water meters and these water meters are not compatible with the City water system. No supporting paperwork or documents can be found for this “hand-shake” deal. Council discussed the problem and the need for engineering, along with the possible need for a booster pump to help with water pressure. Council commended Mr. Mackie for working through the proper channels. An engineer will be consulted to assess the situation and provide solutions for laying the water lines correctly and properly for both the City and Mr. Mackie.
Other items reported on were:
- Gave status of Hilltop Water’s offer to purchase water taps, and pay for installation and hook-ups for Hal Holder. Mr. Holder declined.
- Large percentages of new downtown sidewalks laid by Elegant Concrete are cracked. To date, a signed contract has not been located to verify if sidewalk work is under warranty.
- Relayed advice from Applegate, City water attorney, regarding city water provided to marijuana cultivation centers. Water usage for a cultivation center has to be tracked and accounted for separately, due to regulations involving federal loans.Cultivators may not use any water derived from federally funded projects, but may use native or non-project water from the shares the City owns in Rocky Ford Ditch and Catlin Canal.
- Gary received a call from Browns Hill wanting to know where their signed contract for water department SCADA system is. City Attorney Mendenhall advised that contract is pretty one-sided, but at this point the City does not have much choice. He will sit down with Browns Hill and talk to see if it contract can be improved at all.
- Gave update on cleaning drain ditch on county road 20.5 by sewer lagoon after receiving a complaint from the County after recent heavy rains. If the City will clean the storm drains, the County will put in a 40” culvert. Keith Tucker had only bid for cleaning the drain ditch. His bid was for $2850 if the City would allow him to keep old auger on south side of ditch; without the auger, his bid is $3,000. Acting City Manager Cox approved the bid on July 18th so Tucker could proceed with the project. .
- Acting City Manager Cox then asked Council their position on whether purchases over $5,000 need to be bid and approved by Council, and on whether contracts and agreements should be handshakes or written documents. Consensus from Council was to have any purchase or expenditure over $5,000 put out for bid and then approved by Council, per City policy, and all agreements and contracts must be written.
Councilmember D. Grasmick asked for status on animal violations by Gains-Stough couple who live in 500 block of North 8th. They had applied for a hearing for a hardship permit to allow them to get a kennel license for their multitude of cats and dogs. Following testimony at the hearing last October, the hardship permit and kennel license were denied. The matter was left with the city manager to work out an acceptable agreement since the couple said they would be moving after their disabled son graduated in May. Neighbors are complaining that the couple is still there, along with their numerous animals. Acting City Manager Cox will check into this and let Council know.
Councilmember D. Grasmick then reported that Mike Shima was cleaning the storm drain by the Grand Theater after the recent heavy rainstorm to prevent flooding around and in the theater. Grasmick asked what the policy was for the City crew on cleaning storm drains after heavy rains to which Acting City Manager Cox responded that the public works crews go out after storms and work diligently to clean the drains.
OLD BUSINESS
Museum Board Members
City Clerk Cheryl Grasmick told Council they need to adopt an ordinance to amend the number of members for the Museum Board since that number was originally set by City ordinance (Rocky Ford Municipal Code §2-11-30.) City Council approved changing the number of board members from seven to five by a motion at the July 23, 2016 Council meeting. An ordinance amendment will be drafted and provided to Council. .
It was moved by Councilmember D. Grasmick and seconded by Councilmember Thompson to have an ordinance drafted to amend the number of Museum Board members. Voting results:
YESJung, Thompson, M. Grasmick, Perez, D. Grasmick, Ortega, Sitton
NONone
Motion carried 7-0.
NEW BUSINESS
Friends of the Rocky Ford Swimming Pool - Splash Pool:
Marion Van Dyk-Portner and Steve Culver informed Council of contract for Friends of the Rocky Ford Swimming Pool splash pool. The Friends have raised enough funds for this project that will be owned by the City. Contract is with Aquatic Chemical Solutions, Inc. for an estimated cost of $145, 282. Councilmember Thompson moved to authorize Mayor Sitton to sign the contract with Aquatic Chemical Solutions, Inc., once it is approved by the Acting City Manager and the City Attorney. Councilmember D. Grasmick seconded motion. Voting results:
YESJung, Thompson, M. Grasmick, Perez, D. Grasmick, Ortega, Sitton
NONone
Motion carried 7-0.
Medical Marijuana License Application – Rocky Farms, LLC, 1709 Swink
Jeff Sveinsson of Colorado Springs appeared before Council regarding his medical marijuana center license application. The proposed location for the center is 1709 Swink Avenue, Rocky Ford, CO., in the former Pizza Hut building. The application was complete and paperwork was in order. Following presentation and consideration of medical marijuana license application, supporting documents and departmental reviews, Councilmember Ortega moved to approve the Rocky Farms LLC Medical Marijuana Center license application at the local level pending license approval from the State and pending corrections of items listed under remarks by Fire Chief Ray Gonzales in the Rocky Ford Fire Department Inspection Report. Councilmember Jung seconded motion. Voting results were:
YESJung, Thompson, M. Grasmick, Perez, D. Grasmick, Ortega, Sitton
NONone
Motion carried 7-0.
Annexation Petitions:
Bill McKnight reported to Council that annexation petitions were submitted to the City by Habitat Construction and McKeefe Enterprises. Mr. McKnight told Council he would like to put a marijuana processing and manufacturing facility in the old frozen foods plant. The annexation petition files were given to City Attorney Mendenhall so he could review and advise Council of the next steps that will require a public hearing and other legal considerations.
ORDINANCE CONSIDERATION- None
RESOLUTION CONSIDERATION - None
CITIZEN’S REQUEST TO SPEAK TO COUNCIL – None
MAYOR AND CITY COUNCIL SPECIAL REPORTS AND UPDATES
Councilmember Jung read sections from the July 2012 CIRSA handbook (Colorado Intergovernmental Risk Sharing Agency) and the Rocky Ford Personnel Handbook regarding chain of command for city council- city manager relationship.
Councilmember D. Grasmick reported on the recent OCLI/OPI meetings. OPI (Otero Partners, Inc. is processing applications for potential loans. Recently, they loaned funds to Sweet Indulgence of Rocky Ford and the business is doing well. OCLI (Otero County Landfill Inc. is waiting for clarification from the Colorado Department of Public Health and Environment regarding changes in landfill rules. Proposed change of charging everyone a $15 per capita instead of a the current varied rate of $15 per capita for municipalities and an approximate $16.80 charge per capita (2.417 county mill levy) for those living in unincorporated areas of county would result in an estimated $34,458 annual reduction in income. OCLI board will discuss change as they continue theirwork on next year’s budget.
Councilmember Thompson reported on the Swimming Pool Commission meeting held the previous Saturday. Items discussed were the splash pool, increased revenues and attendance this year at the pool, and an increase in private pools and parties.
Swimming Pool Commission Appointments:
Councilmember Thompson moved to approve the reappointment of Gary Reed, Marion Van Dyk-Portner and J. R. Thompson to Swimming Pool Commission for 3-year terms. Councilmember D. Grasmick seconded motion. Voting results:
YESJung, M. Grasmick, Perez, D. Grasmick, Ortega, Sitton
NONone
ABSTAINThompson
Motion carried 6-0, with one abstention.
Planning Commission Appointments:
It was moved by Councilmember Thompson and seconded by Councilmember M. Grasmick to approve the reappointment of Cindy Cowan, Cris Ford and Liz Fairchild to the Planning Commission for 5-year terms. Voting results:
YESJung, Thompson, M. Grasmick, Perez, D. Grasmick, Ortega, Sitton
NONone
Motion carried 7-0.
Mayor Sitton asked the clerk to check and see if any other boards need new appointments for members.
ITEMS FOR NEXT AGENDA
- Update from City Attorney on Kevin Lindahl request
- Status on Annexation Petitions
ADJOURNMENT
There being no further business, it was moved by Councilmember D. Grasmick to adjourn. Mayor Sitton adjourned meeting.
______
Jarold Sitton, Mayor
______
Cheryl Grasmick, City Clerk
1