ROCKY FORDCITY COUNCIL
July 25, 2017
Rocky Ford City Council met for a work session at 6:00 p.m. on Tuesday, July 25, 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, Charles Pattie, Rachel Patrick, Rich Geist, Leon Ortega
Staff: City Manager Gary Cox, City Attorney Bart Mendenhall, City Clerk Cheryl Grasmick
Others present: Jeff Sveinsson, Cherea Navarro, Mike Gomez, Patrick Hancock, Andrew Froese, Jennifer Ancona, Leonard Gonzales, Riann Gonzales, Robert Penrod, Ray L Carter, Jolly Rose, Dorothy Perea.
Mayor Sittonledthe Pledge of Allegiance.
APPROVAL OF MINUTES
Councilmember Pattie moved to approve the minutes of the regular July11, 2017Council meeting, as presented. Motion was seconded by Councilmember Patrick. Voting results were:
YESJung, Pattie, Patrick, Geist,Ortega, Sitton
NONone
ABSENTThompson
Motion carried 6-0.
APPROVAL OF AGENDA
Mayor Sitton cancelled item “H. Executive Session” and item “J. Old Business - IWT Report” for lack of information. It was moved by CouncilmemberJungand seconded by Councilmember Pattie to approve
the agenda as amended with cancellation of the executive session and the IWT report.Voting results were: YES Jung,Pattie,Patrick, Geist,Ortega, Sitton
NONone
ABSENTThompson
Motion carried 6-0.
CITIZEN’S REQUEST TO SPEAK TO COUNCIL
Jeff Sveinsson, from Rocky Farms, presented Council with copies of a study entitled “Economic Impact of Allowing Recreational Marijuana in Rocky Ford.” He and Jack Pease, from Rocky Ford Station LLC, commissioned the study. He wished to discuss possible uses for the sales tax on recreational marijuana for the City. Mayor Sitton thanked him for the study and said that it would be premature to discuss that now. It should wait until the question is decided by the voters.
HEARINGS/PRESENTATIONS
Liquor Hearing – New Retail Liquor Store License for Lobo’s Curve Liquor
Mayor Sitton opened the public hearing for the new retail liquor store license at 7:05 p.m. Cherea Navarro, member of Lobo’s Curve Liquor LLC dba Lobo’s Curve Liquor submitted an application for a new retail liquor store license at the old Curve Liquor location on June 6, 2017. City Clerk Grasmick reported that all paperwork was complete and in good order, all fees paid and premises posted for public hearing as required by state statute. Ms. Navarro spoke briefly to Council regarding her application and answered their questions. There were no members from the audience who spoke for or against the issuance of a license. Mayor Sitton closed the hearing at 7:10 p.m.
Councilmember Patrick moved to approve the new retail liquor store license application for Lobo’s Curve Liquor, LLC dba Logo’s Curve Liquor, 1504 Elm Avenue, Rocky Ford, CO. Councilmember Ortega seconded the motion. Voting results were:
YESJung, Pattie, Patrick, Geist, Ortega, Sitton
NONone
ABSENTThompson
Motion carried 6-0.
The approved liquor application packet will be forwarded to the Colorado Liquor Enforcement Division for their approval.
2016 Audit Report
Andrew Froese of Hancock Froese & Company LLC presented the 2016 Audit Report to Council. He spoke briefly on the management’s responsibility, auditor’s responsibility and then focused on the general fund, capital improvement fund, and the enterprise funds for water, sewer and garbage. Mr. Froese stated that he and Mr. Hancock obtained sufficient and appropriate audit evidence to provide a basis for their audit opinions. The financial statements fairly represent the respective financial position of the governmental activities, business-type activities and each major fund for the City as of December 31, 2016. There was a decrease in the City’s net position from $17,312,245 to $17,156,234 in 2016. The general fund was problematic with negative cash and low fund balance, necessitating the need to dip into reserves. In several of the funds, expenditures are running more than revenues. Council was reminded that enterprise funds (i.e. - water, sewer, garbage) need to act as their own corporate business. Some of the suggestions that Mr. Froese and Mr. Hancock gave Council were to work on getting the general fund back on track, learn to look at the budget correctly and have supplemental budgets throughout the year.He asked Council to review the audit report and contact Mr. Hancock or himself if they have any questions.
City Manager Cox gave Council copies of an agreement with the auditors for this year’s audit. Councilmember Jung moved to approve the Letter of Engagement with Hancock Froese & Company LLC as presented and to authorize the Mayor to sign the document. Motion was seconded by Councilmember Pattie. Voting results were:
YESJung, Pattie, Patrick, Geist, Ortega, Sitton
NONone
ABSENTThompson
Motion carried 6-0.
Valley Wide Health Care Proclamation
Melissa Vigil from Valley Wide Health Care was not in attendance for the proclamation presentation.
Mayor Sitton said that he stopped in at Valley Wide Health Care earlier in month and signed a
proclamation for them then.
High Plains Research Network – Jennifer Ancona
Jennifer Ancona from the High Plains Research Network told Council they are working with department of family medicine at the University of Colorado-Denver to conduct a study on how to combat the issue of opioid use disorder addiction. This study will help the network grant program fund training for health care professionals to help them better understand this issue. The High Plains Network is reaching out to communities in the area to understand what their knowledge, feelings or needs are regarding this opioid use disorder. She handed out several community knowledge surveys to councilmembers and the audience and asked them to participate. It will take around five minutes to complete the survey, and all surveys are voluntary and confidential.
STAFF REPORTS AND UPDATES
City Manager Gary Cox reported on the following items:
- The City received a proposal from Dr. Desarenay Pfaff and George Pfaff to set up a shuffleboard court and horseshoe pit at Library Park. The Pfaff’s are seeking donations and equipment for the project. Construction would be done by volunteers and would not cost the City anything.
However, City Manager Cox said that if the project was done on City property, the City would be responsible for maintaining it forever.
It was moved by Councilmember Ortega to approve the shuffleboard and horse shoe pit project
at Library Park, with work to be done by volunteers at Library Park. Motion died for lack of a second.
- City Manager Cox spoke with Debbie Pullman of CIRSA regarding liability insurance for the public safety building. Currently the City has a construction liability policy on the building which will be in force until the keys are handed over.
- Viero Wireless is interested in erecting a 100-foot tower at the old popcorn factory located at North 12th and Railroad Avenue. City Manager Cox did not have a problem with this. Viero would maintain the property which would remove the burden of maintenance from the City. This is information item only. Council needs to let him know if they have any concerns.
- The City received a dam inspection report regarding Crystal Lake that was performed by the state, dated July 18. Since there is no water in the lake, the City is in compliance with the zero storage restriction order placed in 2012.
- Public works crew is busy preparing the fairgrounds for the Arkansas Valley Fair to be held the third week in August.
- Fair Board is working on funding for building stairs to announcer’s booth.
- There were public safety building meetings on July 7 and 17 to discuss funding for the project. Another meeting will be held in soon.
- City Manager Cox is still in the mix looking for funds for the public safety building. .
OLD BUSINESS– None
NEW BUSINESS
Tavern License Transfer Application /Temporary Tavern Permit – Len’s Tavern
City Clerk Grasmick reported that a tavern license transfer application was submitted by Riann Gonzales and Leonard Gonzales on July 14, 2017. They also submitted an application for a temporary tavern permit so they could operate the former Benito’s Tavern until the background reports are received. Council will then consider the tavern license transfer application. All paperwork was complete and in good order, and all fees paid. Councilmember Ortega moved to approve the temporary tavern license permit for Riann Gonzales and Leonard Gonzalez, LLC dba Len’s Tavern, 907 Railroad Ave, Rocky Ford, CO. Councilmember Patrick seconded motion.Voting results were:
YESJung, Pattie, Patrick, Geist, Ortega, Sitton
NONone
ABSENTThompson
Motion carried 6-0.
The tavern license transfer application packet will be forwarded to the Colorado Liquor Enforcement
Division for their approval.
Petitions Submitted - Licensing Retail Marijuana & Retail Marijuana Sales Tax
Two petitions were recently circulated to gather signatures for putting two recreational marijuana questions
on the November ballot. The first petition requests the registered city electors to authorize the licensing of retail marijuana establishments and their operation within the City of Rocky Ford, with licensing limited to already existing licensed medical marijuana establishments. Second petition requests the registered city electors of Rocky Ford to approve a sales tax of six percent (6%) on the sales of retail marijuana and retail marijuana products. City Clerk Cheryl Grasmick presented the two petitions to Council after signatures gathered were deemed sufficient. City Council now has the option to approve and adopt the ordinances stated on the petitions or to refer the petition questions to the Otero County Clerk for inclusion on the coordinated mail election ballot in November. Councilmember Ortega commented that the petitions appeared to be one-sided and could possibly create a monopoly. The majority of Council concurred with this statement. Following more discussion, it was moved by Councilmember Pattie and seconded by Councilmember Jung to refer the two petitions regarding licensing of retail marijuana in Rocky Ford and retail marijuana sales tax in Rocky Fordto the Otero County Clerk for inclusion on the November 7, 2017, coordinated mail ballot for a vote of the people. Voting results were:
YESJung, Pattie, Patrick, Geist, Ortega, Sitton
NONone
ABSENTThompson
Motion carried 6-0.
ORDINANCE CONSIDERATION
A proposed ordinance to submit a sales tax question to a vote of the registered city electors of Rocky Ford on the November ballot was introduced for consideration. Councilmember Jung moved to approve Ordinance #922: 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 first reading. Motion was seconded by Councilmember Ortega. Voting results were:
YESJung, Pattie, Patrick, Geist, Ortega, Sitton
NONone
ABSENTThompson
Motion carried 6-0.
RESOLUTION CONSIDERATION
It was moved by Councilmember Pattie and seconded by Councilmember Patrick to approve and adopt Resolution #4, Series 2017: A Resolution To Utilize The Requirements And Procedures Of The Uniform Election Code of 1992 In Lieu Of The Colorado Municipal Election Code of 1965 In Order To Participate In Coordinated Elections In Otero County.
Voting results were:
YESJung, Pattie, Patrick, Geist, Ortega, Sitton
NONone
ABSENTThompson
Motion carried 6-0.
This resolution authorizes the City of Rocky Ford to participate in the coordinated mail ballot election with Otero County on November 7, 2017. This is more cost effective than holding a separate election.
CITIZEN’S REQUEST TO SPEAK TO COUNCIL– None
MAYOR AND CITY COUNCIL – SPECIAL REPORTS & UPDATES
Councilmember Patrick reported that she and Mayor Sitton attended the Planning Commission Hearing on July 18, 2017. Bill McKnight applied for a “Use By Review”, which requires a public hearing. No action for recommendation was taken by the Planning Commission after City Attorney Mendenhall indicated that it would be more appropriate for Mr. McKnight’s attorney to meet with him and discuss the sections of the Medical Marijuana Rules and Regulations ordinance that they are requesting the City to amend. Once the City Attorney has the requested amendments to the ordinance from Mr. McKnight’s attorney, he can draft an amending ordinance to present to Council for the changes. Ordinances cannot be changed with only a motion. It requires two readings for an ordinance to amend a previous ordinance.
Councilmember Pattie reported that the engineers and state recently signed off on the landfill soil, allowing OCLI to begin phase 4. The town of Cheraw had some problems with their trash truck, so La Junta and Swink are helping them. The County is considering purchase of new pick-up trucks so OCLI is hoping to purchase two of their second hand pick-up trucks before the end of the year.
Councilmember Jung reported that the splash pad has been a great hit at the swimming pool. She also shared that she applied for the recent vacancy on the CML executive board, following the resignation of another member.
Mayor Sittonreported that they discussed legislation to help smaller landfills and the state health care bill.at the recent Action 22 meeting in Westcliffe. Rocky Ford donated two crates of cantaloupe to the fundraiser held in Colorado City on July 22, which they really enjoyed. He attended the meeting on July 17 at the fire station for discussion of funding for the public safety building. Mayor Sitton attended the Tri-County Housing and Community Development Board meeting, where he discussed getting them to act on their property on Buttercup Avenue in Rocky Ford. The Tree Board pruned behind city hall, planted two trees at Babcock Park, cleaned both entrances on the east and west end of town, and continue with pruning and spraying around the city.
ITEMS FOR NEXT AGENDA
- Ordinance #922 – final reading
ADJOURNMENT
Councilmember Jungmoved to adjourn. There being no further business, Mayor Sittonadjourned meeting.
______
Jarold Sitton, Mayor
______
Cheryl Grasmick, City Clerk
1