ROCKY FORDCITY COUNCIL
August 8, 2017
Rocky Ford City Council met for a work session at 6:00 p.m. on Tuesday, August 8, 2017,in Council Chambers.Following the work session, Council met in regular session at7:00 p.m. Mayor Sitton called
the regular meeting to order. Those present at roll call were:
Mayor: Jarold Sitton
Councilmembers: Susan Jung,J. R. Thompson, Charles Pattie, Leon Ortega
Staff: City Manager Gary Cox, City Attorney Bart Mendenhall, City Clerk Cheryl Grasmick
Others present: Jeff Sveinsson, Bill McKnight, Nicole Roberts, Jolly Rose, Dorothy Perea.
Mayor Sittonledthe Pledge of Allegiance.
APPROVAL OF MINUTES
Councilmember Jung moved to approve the minutes of the regular July25, 2017Council meeting, as presented. Motion was seconded by Councilmember Pattie. Voting results were:
YESJung, Pattie,Ortega, Sitton
NONone
ABSENTPatrick, Geist
ABSTAINThompson
Motion carried 4-0, with one abstention.
APPROVAL OF AGENDA
Mayor Sitton added the following item to agenda underL. Ordinance Consideration:An ordinance for amending Ordinance #916 §XX(B) in its entirety. This ordinance was provided to Council right before the meeting by City Attorney Mendenhall. It was moved by CouncilmemberJungand seconded by Councilmember Thompson to approve the agenda as amended with the addition of the proposed ordinance consideration. Voting results were:
YESJung,Thompson, Pattie,Ortega, Sitton
NONone
ABSENTPatrick, Geist
Motion carried 5-0.
CITIZEN’S REQUEST TO SPEAK TO COUNCIL– None
PRESENTATION
Jeff Sveinsson, from Rocky Farms, presented Council with copies of a document entitled “Retail Marijuana Economic Success Stories.” He and Jack Pease, from Rocky Ford Station LLC, commissioned this study also. He spoke briefly on the pros and cons of retail marijuana in the various municipalities presented. Mayor Sitton and Council thanked him for his time.
EXECUTIVE SESSION
Councilmember Jung moved that Council and City Manager Gary Cox go into executive session with City Attorney Mendenhall for the purpose of consultation/receiving legal advice on specific legal questions under
C.R.S. § 24-6-402(4)(a) and (b), in consideration of establishing negotiating positions with Jack Barker of Innovative Water Technologies dba Ark Valley Land Development, LLC (AVLD). Motion was seconded by Councilmember Ortega. Voting results were:
YESJung, Thompson, Pattie, Ortega, Sitton
NONone
ABSENTPatrick, Geist
Motion carried 5-0.
Council left council chambers for executive session in the conference room at 7:24 p.m. and returned from the session at 7:55 p.m. Mayor Sitton announced that participants in the executive session were Councilmembers Jung, Thompson, Pattie, Ortega, himself, City Manager Gary Cox and City Attorney Bart Mendenhall. No one stated any concern for the record when Mayor Sitton asked if any participants believed any improper discussion or action occurred in executive session.
STAFF REPORTS AND UPDATES
City Manager Gary Cox reported on the following items:
- He attended an Ark Valley Conduit meeting August 1. They are still trying to get funding for their project. A plan was devised to help support the cost by using Pueblo Water Works to start the delivery. They hope to have something done by 2019-2020. The project has been done in phases to get the conduit going.
- The annual excess water storagerenewal application with water conservation district will be due soon.Currently, the City has 100 acre-feet and the cost for renewal will be same as last year. Jared Dains from Applegate Group, the city water attorneys, saw no need to increase it and recommended that the City stay with the 100 acre-feet.
- City Manager Cox will meet with department heads for a staff meeting on Thursday, August 10, 2017. They will begin work on the budget. There are no major changes anticipated other than trying to get the budget back in line.
- Fair time is rapidly approaching. The Fair Board lost some of their help already, so the City is trying to help as best they can while still taking care of routine business.
- Public works crew is busy preparing the fairgrounds for the Arkansas Valley Fair to be held the third week in August.
- He met with DOLA this morning for a walk-through of the public safety building. Money is coming to an end, but City Manager Cox is still searching for more.
- Fire Chief Ray Gonzales will meet with banks to get information to bring back Council and rural fire board regarding loan options. There should be a report from the rural fire board sometime soon on the status of the bond issue.
- The rainy weather is affecting the City’s revenues. Sales tax and water sales have both decreased.
OLD BUSINESS
Following discussion, Councilmember Thompson moved to direct City Attorney Mendenhall to provide the legal counsel for Jack Barker with the minimum requirements for the sales contract as discussed by Council, specifically the $60,000.00 down payment, and for the City Attorney and Mayor to negotiate an acceptable sales contract with Mr. Barker and his legal counsel.Voting results were:
YESJung, Thompson, Pattie, Ortega, Sitton
NONone
ABSENTPatrick, Geist
Motion carried 5-0.
NEW BUSINESS– None
ORDINANCE CONSIDERATION
Ordinance #923: An Ordinance To Submit A Sales Tax Question To The Registered Electors:
Councilmember Thompson moved to approve Ordinance #923: An Ordinance To Submit To A Vote Of The Registered Electors Of The City Of Rocky Ford, Colorado At A Municipal Election On November 7, 2017, A Question Of Whether To Increase The City Sales Tax By One Percent (1%) Per Year For Three Years By Increasing The City Sales Tax Rate From Three Percent (3%) To Four Percent (4%) Which Is One Quarter Of The Annual Sales Tax Collected, To Be Effective Through 2020 And Restricting The Use Of Revenues From The Additional One Percent Sales Tax As Follows: The Increase Shall Be Used To Continue To Repair Streets, Sidewalks And Other Physical Improvements In The City According To A Council Approved Repair Schedule on first Repair Schedule on final reading by title only. Motion was seconded by Councilmember Jung. Voting results were:
YESJung, Thompson, Pattie, Ortega, Sitton
NONone
ABSENTPatrick, Geist
Motion carried 5-0.
Mayor Sitton assured Councilmember Ortega that the entire content of the ordinance would be published in the paper. He also stated that this sales tax increase is something that the City really needs for street improvements because this year without the extra 1% sales tax has really hurt the budget.
Ordinance #924: An Ordinance Amending Ordinance Number 916 §XX(B) In Its Entirety:
Council discussed the proposed ordinance provided by City Attorney Mendenhall for consideration regarding amendment of Ordinance #916. Dan Hyatt, the attorney for Bill McKnight, provided City Attorney Mendenhall with the requested portion that Mr. McKnight wanted changed. During discussion of the proposed ordinance, Council noted that the location change requested still included portions of the downtown area that they did not want included. City Attorney Mendenhall will correct the ordinance to eliminate the Local Commercial District (C-1) and downtown areas of Light Industrial District (I-1). Councilmember Jung moved to approve Ordinance #924: An Ordinance Amending Ordinance Number 916§XX(B) In Its Entirety, with the noted corrections by the City Attorney of the locations, removing the Local Commercial District (C-1) entirely and any downtown areaof Light Industrial District (I-1), on first reading. Councilmember Thompson seconded motion. Voting results were:
YESJung, Thompson, Pattie, Ortega, Sitton
NONone
ABSENTPatrick, Geist
Motion carried 5-0.
RESOLUTION CONSIDERATION – None
CITIZEN’S REQUEST TO SPEAK TO COUNCIL– None
MAYOR AND CITY COUNCIL – SPECIAL REPORTS & UPDATES – None
ITEMS FOR NEXT AGENDA
- Ordinance #924: Ordinance Amending Ordinance #916/MJ Rules & Regulations – final reading
ADJOURNMENT
Councilmember Thompsonmoved to adjourn. There being no further business, Mayor Sittonadjourned meeting.
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Jarold Sitton, Mayor
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Cheryl Grasmick, City Clerk
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