City Council Minutes June 8, 2010

  STERLING, COLORADO

JUNE 8, 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 John Roberts, First Baptist Church, gave the invocation.  Mayor Fetzer 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, June 8, 2010.   Mayor Fetzer called the meeting to order at 7:00 p.m.

Councilmembers present:

                        Mayor                                   Fetzer

                        Councilmembers             Delgado-Diaz

                                                                        Fuller

                                                                        Haynes

                                                                        Joy

                                                                        Lawson

                                                                        Rieb                                                    

Also present:

City Manager                             Kiolbasa

City Attorney                             Barlean

City Clerk                                  Forbes

Public Works Director                Allen

 Citizens present:    9

CONSENT AGENDA:

Councilmember Haynes made a motion to approve the consent agenda.  Councilmember Lawson seconded the motion.  By a seven-yes vote, the motion was approved.

 Items on the consent agenda were:  City Council minutes of May 25, 2010 and application for renewal of hotel and restaurant liquor license for T.J. Bummers located at 203 Broadway Street.

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

Present to address Council was Pastor John Roberts, 14581 Bluestem.  Pastor Roberts advised Council that he saw on the agenda that the medical marijuana was up for first reading.  He asked when the second reading would be.  Mayor Fetzer advised that it would be decided later in the meeting.

UNFINISHED BUSINESS:

None 

NEW BUSINESS:

PRESENTATION OF RELAY FOR LIFE “PAINT THE TOWN PURPLE” PROCLAMATION:

Mayor Fetzer read the proclamation and presented it to Ms. Tracy Glissman.

PRESENTATION OF SALUD FAMILY HEALTH CENTERS PROCLAMATION:

Mayor Fetzer read the proclamation. 

PRESENTATION OF LIONS CLUB PROCLAMATION:

Mayor Fetzer read the proclamation and presented it to Mr. Roger Hosea and Mr. Allen Meyer.

FIRST READING 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 Attorney Barlean advised Council that this ordinance bans the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers’ licenses. 

Councilmember Haynes made a motion to introduce Ordinance No. 7, Series of 2010.  Councilmember Joy seconded the motion.  City Clerk Forbes read the ordinance by title.

City Attorney Barlean advised Council that the governor signed House Bill 10-1284 allowing municipalities to ban medical marijuana dispensaries.  There is a section in the ordinance in the event that legislation makes a change or there is a court injunction, where a moratorium kicks in for one year.

City Attorney Barlean advised Council that in the second to the last paragraph, on page one, it needs to be amended by adding, “or by any Colorado Court Order”.

Mayor Fetzer asked regarding information in the CML newsletter that they are getting information lined up and, asked if the City is moving too fast.  It was also a concern of Councilmember Fuller. 

City Attorney Barlean advised Council that CML information contains regulations for dispensaries already in operation.  The new law says that municipalities can ban dispensaries.  Vail has done this earlier in the week. 

There was further discussion regarding the sample information that is out, and if this is something that needs to be passed right away. 

Councilmember Haynes made a motion to amend the second to the last paragraph to add, “or by any Colorado Court Order”.  Councilmember Joy seconded the motion.  By a six-yes and one-no vote, the motion was approved.  Voting was as follows:

                        Haynes             yes                   Joy                   yes

                        Rieb                 no                     Delgado-Diaz    yes

                       Fetzer               yes                   Fuller                yes                  

                       Lawson             yes

Council asked when the second reading and public hearing of Ordinance No. 7, Series of 2010 would be, as Council is not meeting on June 22 due to the CML conference.  There is a fifth Tuesday in June and Council was asked if they would like to have it that day or wait until July 13.

Councilmember Delgado-Diaz pointed out because of the issue she thought it would be best to stay on the regular schedule meeting. 

It was decided that the second reading and public hearing would be July 13, 2010.

Council than voted on the original motion.  By a seven-yes vote, the motion was approved.                         

EXECUTIVE SESSION:  CONSULTATION WITH CITY ATTORNEY AND PERSONNEL MATTERS:

Mayor Fetzer made a motion to go into executive session for a conference with the city attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402 (4) (b) and for discussion of a personnel matter under C.R.S. Section 24-6-402 (2) (f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees.  Councilmember Fuller seconded the motion.  By a seven-yes vote, the motion was approved.

Council went into executive session at 7:35 p.m.

Council came out of executive session at 8:18 p.m.

Mayor Fetzer advised the participants in the executive session were:  City Council, City Attorney, and for a short time, City Manager and Public Works Director. 

Mayor Fetzer advised for the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, he asked to state their concerns for the record. 

There was none.

MISCELLANEOUS:

City Manager Kiolbasa advised Council that the Northeast Colorado Council of Governments has asked for a letter of support for the grant that they are writing to replace three buses.  This would cover a cost of approximately one and a half buses or $69,000.  

City Manager Kiolbasa advised Council that CDOT is doing an update on June 15, 2010 at 1:00 p.m. at the Courthouse Annex.   

City Manager Kiolbasa advised Council that the Library and the Museum would be closed on Monday, July 5, 2010.

City Manager Kiolbasa advised Council that CGFOA would be doing a presentation of Amendment 60 and 61 and Proposition 101 on August 17 from 1:30 – 4:00 p.m.  

City Manager Kiolbasa advised Council that CGI Communications would be filming the City videos on August 17 and 18. 

City Manager Kiolbasa advised Council that the Haxtun School has asked the Library if they could retain the furniture and fixtures that they will no longer be using. 

Mayor Fetzer advised that there would not be a Council meeting for the next three weeks. 

Mayor Fetzer advised that he would like to briefly meet with the Councilmembers going to the CML conference or when they are there to look at the sessions they will be attending.  He also advised that they would be required to present a summary of the sessions they attended. 

Mayor Fetzer advised Council that he spoke with Commissioner Debbie Zwirn regarding the emergency services assessment.  They are tentatively looking at June 23 for a presentation.  However, they are going to try to change it to June 30 due to some Councilmembers being gone.

Mayor Fetzer advised Council that the Airport and Library have been approved as an Enterprise Zone. 

Mayor Fetzer pointed out to Council that the sales tax information in the packet showed that sales tax is continuing to improve 

Councilmember Fuller asked when the City would be fogging for mosquitoes.  City Manager Kiolbasa advised Thursday night.

Councilmember Rieb asked the status of the hiring for the new Parks, Library and Recreation (PLR) Director.  City Manager Kiolbasa advised that the Personnel Director and he have gone through the applications and the PLR Board is now reviewing them.  They are hoping to interview within the next couple of weeks.  It has been narrowed down from 29 applications to 11.  He advised for the interview process, one Councilmember would be asked to be on an interview committee.

ADJOURNMENT:

There being no further business to come before Council the meeting adjourned at 8:30 p.m.

______________________________

MAYOR

 ATTEST:

_____________________________

CITY CLERK