City Council - Regular Meeting

Order. To the flag of the United States, Roa. Mayor Sasha here. Council member Morford here. Council member Erdialis here. Council member Caper here. Council member Garcia here. Council member Voyette here. Council member Parks here.

Okay. Next on the agenda is public comment audience participation for items not on the agenda. Public comments are limited to three minutes per speaker. Speaker must sign in on the sheet next to the podium and address the council from the podium. The council will not take action at this meeting. in response to any public comments. Seeing none, next thing on the agenda is presentation of the Fort Morgan Volunteer Fire Department annual report. Chief PBOS, honorable mayor, city council, thanks for having me here tonight to give you guys our yearly update. Last year as a department we ran a total of 664 calls which was down a couple calls from 2024 but city calls themselves we had 385 city calls. So that's calls within the city limits and that is up from 343 calls in 2024. So we had quite an increase there. Um our firefighters responded admiraally to that. We actually averaged one more firefighter per incident. So we had nine members at every call on average. And on top of running all those calls, we were also very busy. We sent our truck committee out to Wisconsin twice last year to do our final inspections. And we took delivery on the two new city trucks, the new ladder and the new engine. Those are both fully in service and operational. We've used them a few times. And that ladder truck is going to come in handy with all the new construction. We can get it into spots we never would have thought we could on the old tower. Um, we also sent members across the country for training. We sent them to FDIC again. We try and make that a staple every year. They go and they learn from firefighters around the around the nation and they bring that back and teach us. And then finally, we got our burn building up and going. So, our new training center is fully functional. We were able to use it at the end of last year and it works great. There's tons of new training opportunities with that. We look forward

to having a full year with it this year. And we encourage any of you guys that want to come out and watch and come see a training. Get with me or get with Eric Smith, my assistant, and we can set that up and you guys can come watch it and see how it works. It's really, really something to watch. Um, as a department, our 29 members logged 1,172 hours of training on Tuesday nights. That's training we do in-house every Tuesday. And then our members also logged an impressive 1,937 auxiliary hours, which are hours spent outside the fire department. So, included in that, we had three members take their firefighter one. We had one member get her paramedic's license. So, those hours are included in there. Um, we continue to prioritizing cross trainining as our department. We were able to train with FMPD this year. We trained with the ambulance and we also went and had a training with comm center. So, it's good for some of our young guys who have never seen comm center, don't understand how dispatch works when people call 911 to get that experience and sit in and see how a call works and really work with those guys and understand what they're looking for from us. So, we're currently sitting at 28 members. So, we're down one from last year, but we do have three applications out. So hopefully we'll have some new rookies here this year and in the next couple of months. Our annual banquet's coming up on March 7th. We encourage all of city council to come come have a meal with us. Come hear about our year, some specifics on call, some awards, and come meet some of our young guys if you guys haven't yet. Um, that's all I got for you guys tonight. If you got questions, please let me know. I'd be happy to answer them.

When is the banquet? It's March 7th. It'll be at 6 p.m. that night and it'll be over at the station. There should be an invite coming. They got sent out. Okay. All right. Thank you. Yep. Any questions? I'd like to make a comment. Thank you so much for all you do. You protect us. You uh keep us safe. So, we really appreciate all the volunteer time and uh all the effort that the guys put out. Thank you so much. Thank you guys. Your support for us doesn't go unnoticed. We know we're well equipped, well taken care of, and we know if we need anything, we can come over here and ask for it, and you guys will take care of us. So, we appreciate you guys as well. You're welcome. Thank you.

All right. Next on the agenda, discussion of possible action on wastewater treatment plant funding options. Miss Edson and Mr. Nation.

Okay. I'll let Casey come up to podium, but um I'll walk you through I gave you a memo in your file um kind of spelling out where we're at. We've been we've been working on this for about two years now, looking at funding options. Uh Merrick is our consulting company that's helping design the facility changes out there. They also have an in-house financial consulting team. Um the one representative is in Montana, I think, is where um she's at, but they work with you to help you through all the different options that you can look at. And so two years ago, we started looking at multiple options for funding on this type of large project. And so for the last two years, we've been just kind of whittling that list down to what made sense. We looked at a lot of federal options, state options, um different programs that you can enroll in. We've also had lots of discussions about where we are just at the federal level with grants and programs and things like that. And so as we got closer and closer to knowing that we're going to need money for this project, there were a lot of things that just kept falling off the list just for various reasons. A lot of the federal projects because of the changes that were made in the administration at the beginning of 2025, there was a lot of uncertainty with a lot of those federal programs. um not wanting to jeopardize the ability to complete this project in the time frame that we need to because we are under basically a state order to get these improvements done by a certain date. Uh there were certain programs that we didn't want to get involved in because there was just no certainty of when the funding would even show up if we applied through those. The one state program that seemed to make the most sense for us to look into was through the health department, Colorado Department of Public Health and Environment. Um they have this water pollution control revolving fund. Um some people just

refer to it as the state revolving fund. We participate in their surveys every year to keep our finger, you know, available for funding. You have to fill out a survey about what your needs are for the year. And we've been doing that ever since I've been with the city. So for over 13 years, we've produced and given them the documentation that says that at some point we may come to you and ask for money. And so we've started down that path with SRF just to see they have favorable interest rates. Um and so we've gone that direction. Then with follow-up discussions with MER part of the SRF requirements, they have Baba on top of that. Build America by America. Um treatment plants have a lot of specialized equipment in them. And the BABA requirements Merrick came to us and said, "You realize that these requirements may push the cost of this project as much as 10% if we are forced to um go that route if we go SRF funding." So we asked Merrick, we're like, "Well, can you give us a more precise breakdown of what that means?" And so, so I've included a memo in your packet from Merrick. It speaks to Baba and what that requirement is. And so on our project that's a little under $50 million. They their analysis showed that we would be looking at about an additional $4.2 million um onto the price just to meet the FABA requirements. So, working with our friends at Piper Sandler, who are the ones that we knew we were going to have to talk to about bonds, um we had them run some scenarios of what we would be looking at. And so, when we started this, they just ran $50 million, you know, bonds. They also did analysis that would show what the breakdown would be is if we did part of

it with SRF because SRF came back to us rather quickly and said, "We appreciate the fact that you guys need $50 million, but $18 million is all we can give you." So, so we knew we were probably going to be looking at some mixture. And so, so then when we threw in the fact that we may be adding 10% or something there to the cost of the price, we wanted to know what that looked like. So the other memo that you have in there is the memo from Piper Sandler and I want to thank Andrew Ma who is on the call. He's our consultant with Piper Sandler and has provided the information that's in your packet. Um we had him break it down into 50 million in bonds, 32 million in bonds, and 18 million coming from SRF. And then we looked at because that was what we were thinking we needed to begin with. But then we had them do the third scenario where we added the $4.2 $2 million of additional costs for Baba in that equation. And so when Andrew produced those numbers, we noticed that it would actually be with when you look at total debt service, we would actually be money ahead if we just go strictly with bonds and skip the SRF money. And so we're at that point now where we need to continue moving forward with bonds. and um Andrew and his team at Piper Sandler and then our bond council and everybody needs to know, you know, are we going partial bonds or full bonds on this project in order to make it happen? And so, um as I spelled out in the memo and Casey's been in all the meetings with me on this, um staff is just at a point to where we really feel more comfortable with just going with bonds on this. Um, it allows us to get the equipment that we know we're going to probably want out of the facility and not have to have Baba, you know, weigh in on it. Um, it does make our reporting requirements a lot easier, not have to meet all of the state requirements for the SRF loan and all

that stuff. And when it's all said and done, we're actually the citizens will see an advantage if we go all bonds over the life of the bonds. And so the life of the funding package and so so we're here to answer any questions that you have tonight. Um I am looking just for some type of formalized vote one way or another. If you're okay with us going with pure bonds or if you want us to go ahead and pursue SRF, we can do that too. But like I said, our feeling is that bonding is the way to go on this project. Um so we can start then the procedure of going towards that goal of bonding. We'll have to bring all kinds of stuff back in front of you as bond council needs us to and everything, but this is kind of the the first big final step before we jump into the financing packages completely. So, happy to answer any questions.

USmade steel and construction. Yeah, there's a lot of just the general construction materials, the concrete and the rebar and all that stuff that is, you know, going to be Americanbought and Americanmade and all that stuff, but there are just specific components to a wastewater treatment facility that are primarily made overseas. And you know, back in the day, this wasn't a huge requirement. And I get why they're doing it, but it there are some things when they've been built for decades overseas make more sense than trying to get an American version that has just been in production for a limited amount of time.

Any more questions? With the bond is I see the assumed interest rate if I'm reading this correctly is 4.6%. Yeah, it's one of those where they had to make some assumptions. You know, when we talked to Andrew, obviously until we go to the bond market, we don't know what the exact bond rate will be and so they had to make some assumptions. So, if you have questions about the assumptions, Andrew will be he can chime in on that. So, I'm just wondering is that whatever that interest rate is when we do go after the bonds, is that um adjustable, fixed, or how? I don't know how that works. Andrew, if you wanna Oh, you're kind of breaking up.

Try again. Can you hear me better now? There we go. Much better. Okay, perfect.

Yeah. No, I can I can definitely speak to that. So the the typical route for a Colorado municipality is is to go with a fixed rate financing. Um this financing would be callable or prepayable after 10 years and that's very traditional for municipal bonds. So after 10 years you could choose to refinance the bonds to a lower interest rate or you know if you had all the cash available you could pay them off as well. Um but most typically and uh most suitable for uh municipalities and public entities is a fixed rate financing. Uh we we do see variable rate financings in the market and those are those are typically for different kinds of institutions, corporations for example who are more willing to take on the risk of having uh uh interest rates changing around on them daytoday and monthtomonth. that my next question was also if it's prepayment penalty or not

and I think you answered that too. Thank you. Yeah. Yeah. So after 10 years they would be callable prepayable with no penalty whatsoever. So after 10 years it's going to adjust for sure up or down depending on the market. Correct. Correct. Well it it it you don't have to prepay or call the bonds. So if rates, you know, escalated significantly between now and year 10, you could still um maintain the current interest rate that you obtained at closing, but if rates went down, then you would likely opt to refinance them to generate interest savings. That's good. Thank you. Any more questions?

All right. So, you're looking at uh I'm just looking for a motion to, you know, go the full bond route if that's what the consensus of council is, just so we have it on the record that council gave us that direction. I will make a motion to move forward with the bond financing option for the wastewater treatment plant project. I second. Uh so, we're going to just do a yay or nay. Yep. All in favor? Yay. Nay. Yay. Yay. Okay. usually. All those in favor say I. Any opposed? Same side. Okay, we got that. All right.

Thank you. That'll give us the direction that we need and we can work with. We're we're kind of at that crossroads with the SRF group, too, that we have to tell them that we're not going to go ahead and participate in that package. And then that way they can choose to reallocate that money to other interested parties, too. And so, this will be a good time for us to be able to tell them that. So, thank you, Andrew. Thank you. Thank you, ma'am. Thanks, Andrew. Thanks, everyone. Have a good night.

We We laugh on this wastewater project. So, we have Andrew Ma who's with Piper Sandler. We have Andrew with Merrick that is our lead engineer. And then we have another Andrew that's with our rate consulting team that does our rates. So, yeah, everybody's an Andrew in this project. I have more Andrews to bring in if you need them. All right. Thank you, sir. All right. Thanks, everyone.

All right. Next on the agenda is presentation of possible action on a resolution on a four rear discharge writing mower. Mr. Zinc, we're going to start something a little new. The guys in the back can come up and do a little peer support and sit in the front row with the with the employee. Isn't that much better? That it is. There it is. I'll take it. There you go. Solidarity. Yes.

Evening, council, mayor. Uh, I stand before you requesting approval for four ride-on rear discharge mowers. These are the wide area mowers. So, these are the ones that do in between the stones and any other wide open spaces that we have. uh in the bidding advertisement window between January 21st and February 6th, we received eight bids. Seven of them were under the allotted budgeted amount. Uh and I am requesting approval for the acceptance of the bid from Westech Rentals in the amount of $64,332. Now, while this is on the upper half for the cost, this was also our lowest local bid option. Uh the other factors that were considered in this one versus the other companies was the established repair parts that we have on site be it tires, filters, blades, belts, everything that's associated with it, as well as fastest response time for any smaller repair and or larger warranty repair needs. Are there any questions that I might not have covered? Seeing none, um I entertain a resolution.

Yeah. I'll make a resolution council to approve the bid from West Tech Reynolds in the amount of $64,332. Second. All right. I got a resolution from Jim Parks, second by Brian Dallas. Uh vote. That resolution carries unanimously. Awesome. Thank you. Thank you. Thanks for the peer support. That's really good. All right, next one. POS presentation possible action on resolution on a golf course fairway mower. Mr. Given.

Thank you, mayor and council. Uh much like Tyler, it's mower buying season. Uh we're we're uh on the in the market for a fairway mower this year. Um we bid it out. We only received two bids. um one from LL Johnson and one from Pestio Brothers. And we are asking for council approval to accept the bid from LL Johnson, which was the lower of the two bids, not to exceed $94,281.78. Excuse me. Any questions? Entertain a resolution. I got one question. Okay, go ahead.

So, your bid with LL Johnson and um Mr. Zinc also had a bid from LL Johnson. He mentioned earlier about faster service. Did West Tac not offer something like this or No. No. So this is specialty equipment. So for instance, uh like 21st century, my apologies, I almost called it by the old company name, but uh they aren't even allowed to bid bid this because uh um it's golf specific. Okay.

So the majority of these companies, LL Johnson's for instance, is the has the entire Colorado market. The Testio Brothers for John Deere has the entire Colorado market. So for golf specific, thank you. Any other questions? Council, entertain a resolution. Your honor, I'll make a resolution to accept the bid from LL Johnson distributing and the amount of not to exceed $94,281.78 for a fair way more. Second.

All right. I have a resolution from Jim Parks, a second by Brian Dallas. Uh, roll call. That resolution carries unanimously. Thank you. Right. Thank you. All right. Next item on the agenda on the agenda tonight is presentation of public action on a resolution uh with the Parks Recreation Board approving the bylaws. Mr. Underwood.

Uh good evening, Mr. Mayor, Council. Yes. Uh tonight I am presenting on consideration for reinstating the parks and recck Advisory Board. This board hasn't been active since 2010 due to lack of engagement and other reasons just along those lines. in the coming years with the pool, obviously construction of the new indoor pool uh facility, what we do with the old Riverside pool facility, how we build out Center Point. We're going to have to figure out fees, hours, so many different elements of this, not to mention larger scale considerations with our turf sites, playgrounds. We just felt this was a good time to re-engage the public with so much change coming over the coming years to get ahead of the game to have that avenue for us to reach out to them to get the message to them directly them to the people and then at the same time them come to us. Uh selfishly if this can avoid me a few ad hoc committees along the way when we get there that'd be great as well. But in discussions with staff and uh with Brent, I just felt like, you know, if there's ever a time to garner interest in this, this would probably be an ideal time. So, with that in mind, uh we did uh make adjustments to the bylaws just to more accurately reflect maybe our needs. Today, you'll see the uh designation of a member to the Marlin Swim Team uh organization. You'll see a designation for a member of the Pickle Ball Association group. you know, really large groups that are driving some of the special interests of our parks and recreation. So, tonight again, I'm uh hoping for possible action on basically just reviving the board, reinstating it, approval of the bylaws, and then just see if we can get some community members to help guide where we're going to go in the next couple years. Any questions?

Um, I have comment. Okay. It's not really a question, but I I'm I'm always uh excited about the the public getting uh involved in this kind of stuff. So, when this came across, I was really encouraged by it. Good. Go ahead. Any other questions? We're not doing the the board tonight. We're just

No, I was going to point that out. So, um this will leave the opportunity for a council liaison to this board once we get it fully formed and everything. So, um you guys can start thinking about that. The other the other board that we are going to need a council liaison also is um with the creation of our downtown um board and group. Sy's going to need a council liaison on that. So, here shortly in the next couple months, I'll need two additional liaison positions formed. So, I won't ask for those tonight, but you guys can be thinking about them and and if you want to lobby your mayor since he's the one that makes that appointment, uh you can start talking to him. So,

we can do lunch. We'll do lunch. All right. I entertain a resolution. Your honor, I'd like to make a resolution reviving the parks and wreck advisory board. Second. I got a resolution from Jim Park, second by Lauren Boyette. Roll call. That resolution carries unanimously. Thank you. Thank you so much. Yep. All right. You can stay if you want.

Presenta. Next on the agenda is a presentation possible action on a resolution authorizing the director of public works to sign grant documents for improving the public works building. Mr. Akre. Good evening, mayor and city council. Um, as you're well aware, we purchased the city purchased a former REA building in the um with the thought of moving all of public works out into that building. However, to move the uh building and inspection in the planning offices, we needed to make some ADA upgrades and some other remodeling areas to make it more efficient and also to be able to use the auditorium area for public use as well. The bathrooms at the lower level at the auditorium need to be completely torn out and replaced. And then we need to do some modifications to the locker rooms that the staff uses to make those ADA compatible as well. And also we need to do some office uh finishing and then add a couple of offices to make it uh fully functional for staff. DOA has funds that will help us with that when we apply for grants. We're in the process of going through that process and as part of that process, they require the governing body to approve that we're applying for the grant. And that is what this uh resolution does and allows me to as director of public works to uh sign off on when we get awarded the grant and go out and try to get the cost. We've got

cost estimates uh which we use for the grant application and uh I think it's pretty reasonable for what we're expecting to do out there at the REA building. Okay. Any questions? All right. Entertain a resolution. For a resolution authorizing the director of public works to sign grant documents for improvements in the public works building. Second. I have a resolution by Jeff Morford, a second by Jim Parks. Uh, roll call. That resolution carries unanimously. Thank you.

Thank you. All right. Next on the agenda, first reading, ordinance amending chapter 20 land use codes to prohibit nonfunctional turf and artificial turf on aptical properties has set public hearing for March 3rd. Mr. Nation. Okay. Um the attorneys provided a memo in this one and so um it speaks to this pretty well. This is one of those situations where last year the state legislature decided that um they wanted to take a little broader approach to things that we traditionally would just handle, you know, at our local level. And so in order to make sure that our local um laws, specifically those under chapter 20 of our land use code, are compliant with that, we need to pass this resolution. Um this so this will be first reading. Um it's specifically when they looked at this last year, this is a water savings type of law. They're trying to prevent municipalities from going in and putting in large turf areas in green spaces and, you know, in between two large road sections and things like that. Um they're trying to prevent um that from happening. The water savings is what they're shooting for on this. I'll be honest, this is not the type of thing that really hits us all that much. Um, the one place that we did know that this was going to affect us at is specifically out at the public works building. We had that large turf area out there that needed to have something happen to it. This law prevents us from going in and putting in turf in there because it doesn't serve the function of a baseball field or a softball field or a soccer field. It's just out there for to be grass. And so we will have to go back in and zerocape that area um in order to be compliant with this law, which is fine. We'll do that. But this um ordinance is in front

of you on first reading um so we can start the necessary paperwork to make our chapter 20 compliant with the the state law that was put into effect last year. So happy to answer any questions.

How's that going to affect uh is it strictly city or is it uh private industry as well? Um there's a lot of exceptions to it. So residential um there are some multifamily situations that fall into that, but there are some places that would fall into it, but we don't have a lot of industrial turf applications. So okay, any more questions? So is this a resolution?

Yeah. So yeah, it's you on first reading and then set the public hearing for the next meeting. All right. Uh entertain a resolution. You're on right offer resolution on first reading of ordinance of the ordinance amending chapter 20 land use code to prohibit non-functional turf and artificial turf on applicable properties and set public hearing for March 3rd. Second. I have a resolution by Lauren Boyette, a second by Brian Dallas. Uh, roll call. That resolution carries unanimously. Thank you.

You're welcome. Uh, next reading ordinance amending chapter 10 of municipal code concerning the use of possession of products and set public hearing for March 3rd. Mr. Sharp.

Thank you, your honor. Actually, it can either be orratom. Either one is pronounced is correct pronunciation. one of those key words that can be either way, but um what that is is an herbal supplement that's been sold on the market as a energy booster. Um you can buy it in a lot of convenience stores or different places now, but if it's over and if people overindulge in it or use too much, it becomes a stimulant and can create very adverse health reactions to that. You think back to when bath salts used to be a big thing. um or um synthetic marijuana. Similar effects, similar things, and it and it's causing problems. This has been a problem throughout the United States, not here in Fort Morgan that we've seen. However, last year the state of Colorado made it illegal for people under the age of 21, actually for people to sell to individuals under the age of 21. Didn't make it illegal to possess it or to buy it, but illegal to sell it. And then it restricted um several, you know, where they can store it. it has to be stored behind a counter and so forth to to control that. Um, this actually was brought to Brent. Um, a community member came forward and said they were concerned about not having anything on there. So, we looked at it and and my perception was the best way to handle this would be similar to what we do with tobacco. Um, knowing that if gets this gets in the hands of kids, this can be certainly a problem and in a school especially. So, we kind of mirrored our tobacco ordinance to say anybody under the age of 21 cannot possess it. Um, that way if we see it in a school, we see it being abused in that way, we can address it that way. Um, education is obviously the key, but sometimes when it's in there, education doesn't help when people are are having major effects from it. So, this ordinance would just change would essentially make it illegal to possess it, not just to sell it. We would still be able to enforce the state law when it comes to illegal sales. And I know Brent reached out to the person who asked for this and shared it with them and they were happy with the way it

was written in to address the issues they had. So any questions? Any questions for the chief? You you can buy it online. Yes. Or in like I said a lot of our convenience stores, places like that will sell it as well. Okay. Any other questions? Entertain a resolution. Yeah. I'd like to make a resolution on first reading ordinance to amend chapter 10 of the municipal code concerning the use and possession of crate craton products and set a public hearing for March 3rd.

Second. I got a resolution by Jim Parks, a second by Jeff Morford. Roll call, please. That resolution carries unanimously. Thanks, Lauren. Thank you. Uh, next one, first reading ordinance amending the appropriation of monies for the funds of the city of Fort Morgan, 2026 and public hearing for March 3rd. Miss Edson.

Hey, good evening again. So, we had a few things that came up after we um went through the official budget process for 2026, and we knew they were going to be larger items, so we're bringing them to you right now. Just um getting ahead of it. There may still be budget amendments that come up as the year progresses, but we know these ones are happening. So the first one um in the general fund we went out to bid late last year for a fixed base operator out at the airport and with the bids that came back they were priced much higher than we had historically seen. So the budget was too small for what what we ended up having to go with for our contract. So, we're looking to amend the general fund by $124,000 just to include the full cost of that new FBO operator. So, the general fund will increase from 18,88563 to $18,968563. So, that's the changes in the general fund. And then in the capital fund, we knew that we were going to vote for the pool, but we didn't include it. We kind of put in a small amount just in case it passed where we knew we'd have to do some engineering, but then if it didn't, we also knew we'd have to do repairs to the old pool. But now that the pool has the pool vote has passed, we're going to amend um and so we're amending revenue. And what I'm estimating just based on last year's sales tax where they came in the the revenue for that will be 3,450,000. And then so to go along with that, we're going to amend the amount that we're spending from $1 million that we originally budgeted to $3,450,000. And that'll go to engineering or any of the initial costs to get us started on the pool project. And then also in the capital fund, Matt came to you guys um a few meetings ago to discuss the public

works building roof and the fact that it was in serious need of repair. And so he is already we've gone out to bid. I think we've already are beginning that process. So we're amending the budget just to reflect that. Um so we didn't have anything budgeted and we're going to add a million dollars for that. So the original budget for the capital improvement fund was 8,601635. Oh, I don't even know why I didn't add that together. Now, sorry, I'm on the wrong page. Um the capital improvement budget will go up to 13,51,635. So those are the only changes that we're proposing. Is there any questions on those?

No questions. Seeing none, I entertain a resolution. offer a resolution on the first reading of ordinance amending the appropriation of monies for the funds of the city of Fort Morgan for 2026 and set a public hearing for March 3rd. I have a resolution by Jeff Morford, second by Brian Dallas. Roll call, please. Thank you.

You're welcome. Thank you. Do you need peer support, too? Okay. Okay. Okay. All right. Um, next is a public hearing on request for a special use permit for the business to operate a pet daycare, grooming, and overnight boarding at 1211 East Burlington Avenue, B2 zoning. Mr. Baker,

your honor, did you read all the script for a public hearing? I don't know. I'm looking. I'm looking. You have to do opening comments then legal notice and then ask here. You can sit down.

We got a long ways to go. Uh, next on the agenda is public hearing for ordinance 1331, an ordinance amending Fort Morgan Municipal Court regarding pet animal license. This is a public hearing. Please keep public comments to the issue before the city council. Each speaker is asked to limit comments to three minutes unless the speaker represents a group of citizens in which the event of additional time may be allotted. Please respect these limitations. I reserve the right to limit public comment that is inappropriate under the guidelines or otherwise inappropriate. I also reserve the right to limit testimony or questionings that is repetitive, community, argumentative or not pertinent to the issues and set a limit on the duration of the testimony. If I determine it to be necessary in light of the number of persons who have signed up to testify first is legal issue been done. Miss Curtis.

Yes. It was uh posted January 28th. All right. Next, the presentation of the ordinance. Chief Sharp. That's for the next public hearing. Now we go back to Mr. Acre for Yeah. It's the same script, but we're just one item. There we go. Mr. Acre, you might not like my Okay. Yeah. All right.

Good evening again, Mayor and City Council. If you'll recall late last year, uh staff brought forward a request to do modification to the land use code to allow such a business like this to operate under a special use in the uh uh general in the business district B2. Um this applicant uh has is coming forward. The applicant is here as is the owners. But what they'd like to do is offer uh small animal domestic pet services such as uh dog grooming, bet pet daycare, overnight pet boarding and training business and they are proposing to use the former Fort Megan Fort Morgan vet building for that. These all require a special use permit um review and part of that process is a public hearing in front of city council. It was uh before the uh planning and zoning commission in January and they uh supported it and asked us to bring it forward for public hearing in front of city council. Um, as a part of the special use review, staff has put a couple of recommended a couple of conditions for the uh operators um that it's uh special to them and them alone. It can't be transferred or sold or moved. Whoever if someone else wanted to come in and operate a similar business at this location, they'd have to come before planning commission, city council as well. And also the applicant uh needs to stay in compliance with all applic health safety and animal welfare regulations and the pet animal care

facilities act or PACFA uh under the state of Colorado and they're in agreement with those conditions. And with that I can answer any questions. All right. See no questions. Next we'll hear from the comment from the applicant. If any does the applicant wish to address council and good evening. Um we're looking forward to this passing. If everyone's on board with it, um we're ready to get moving forward and start grooming dogs and caring for people's pets while they're away or having emergencies or serving them as best we can to take care of the pets in the community. And um and we are also excited to be so close to the Fort Morgan vet for any emergencies or to, you know, help people get redirected to get their dogs vaccinated if they're not ready to board. And um we have a lot of experience already of working with the pack the rules um for gosh for years. So that should fall all in line with what the the city would expect of us to you serving people's pets. So, if you have any questions for us, not shy.

Any questions? All right. Um, thank you. Thank you.

Next, we'll hear public comment. Is there anyone here who wishes to speak on this issue? You sign in for me, please. Good evening. My name is Pam Bland and I am just here in support of this new business. I uh took my animals to them when they had their old location and um while my uh brother and nephews and their dog are very excited that my dogs have to stay with them when I have to go out of town. My sister-in-law is very muchly not enthused and she can't be here tonight, but she is also very, very excited about the opening of this business. Thank you.

Thank you. Is there anyone else in the public who wishes to speak on this issue? I will ask the city clerk um if any oral written comments were submitted to the clerk's office prior to this hearing. No, there were none.

We will now proceed to council discussion. Are there any questions from council or discussion from council? I think this is exactly why we reszone that area to allow for this kind of use and I'm glad that you've been able to hang in there. It's been a long process, but I think this is the perfect use for that space. I have a question. Um there it was kind of unique how they did it. Is there any way like in the future if somebody else did it, it could go quicker? Like it could be contingent and all kind of be done faster from the Titan. I know your process started to you still get your second reading next month. They've been hanging it for quite a while.

Yeah, this one this will finalize the process for them because this is just this is just a public hearing and once you guys approve the special use permit tonight, it'll go into effect. So that with approval tonight, yeah, it's it was what made this situation more unique than we normally see is that they were asking to do something in the city of Fort Morgan that we didn't even contemplate in our zoning codes when we wrote them. And so it just forced us in order to make the codes legal, we had to go through all that process, too, and then take them through the special use process. It was just yeah an unfortunate request that yeah we weren't prepared to handle because of the way things were written in the past.

All right. Thanks Brian. Yep. Any other questions? If there's no further discussion by council, I will entertain a motion to close. Motion to close. Second.

Council action. Mr. Wilson. Mayor and council, you heard. Did you vote on the motion to close? Good job. Good caught. Yeah. Yeah. Enter resolution. No motion. Motion. Vote on a motion to close. All in favor say I. I. Anybody opposed? Anybody opposed? Okay, there we go. Here we go. Mr. Wilson. Mayor and council, you've heard presentation of the uh the issue. Proper action is by resolution on a request for a special use permit. All right. Entertain a resolution.

Your honor, I'd like to make resolution on a request for a special use permit for business to operate a pet daycare, grooming, and overnight boarding at 1211 East Burlington Avenue in B2 zoning. Second. I got a resolution by Jim Parks. Uh second by Brian Dallas. That resolution carries unanimously. Thank you. Thank you, ladies. Thank you. Yep. All right. And we're going to do the What is this next one?

1331. Yes. Yep. All right. So, I don't have to go through all the mumbo jumbo. Okay. All right. Okay. Next on the agenda is ordinance 1331 amending the Fort Morgan municipal pet license. Mr. Sharp.

No, sorry. This is a public hearing. Please keep public comment to the issue before city council. Speaker is asked to comment three minutes unless the speaker res represents a group of citizens in which event additional time may be allotted. Please respect these limitations. I reserve the right to limit public comment that is inappropriate under these guidelines or otherwise inappropriate. I will also reserve the right to limit testimony or questionings that is repetitive community comm community.

Yeah, there you go. argumentative or not pertinent to the issues that set limit on the duration of the testimony. If I determine to be to be necessary in light of the number of persons who have signed a testimony versus the legal issue been done, Mr. Curtis, uh it was posted on February 4th. All right. Thank you. Next, uh presentation by ordinance, Mr. Chief Sharp.

Thank you. Um, so back in 2019, the Port Morgan Humane Society came to the city council requesting that we change the pet licensing requirement. Um, this was a way for them to help get some of the fees and help pay for some of the costs of the running of the animal shelter. Um, and that ordinance was written to say that they received 75% of the proceeds from those licenses while the city received 25% to be invested into capital for the shelter. While those have never been collected. Um, we would just need to change the ordinance now that the city of Port Morgan is going to take over the shelter to be able to collect those 100% of that going to the city rather than something going to Fort Morgan Humane Society. So, this ordinance does that. Doesn't change the fee or anything. It just simply restructures where the money would go.

Thank you, Lauren. Uh, next we'll hear public comment. Is there anyone here wishes to speak on this issue? Uh seeing none, if there's uh not anyone else, the public wishes to speak on this you, I will ask the city clerk if any written or oral oral or written comments were submitted to the clerk's office prior to this hearing. There were none. We will now proceed to council discussion. Are there any questions from the council or discussion of the council? I will entertain a motion to close or continue the public hearing. Motion to close.

Second. All right. Uh motion. Motion. All in favor? I I oppose. Okay, we're good. I'll get this Brent one day. Well, not really. All right. Uh Council, Mr. uh council action, Mr. Wilson. Thank you, Mayor. Proper action is by resolution on ordinance number 1331. Okay. Entertain a resolution.

Yeah. I'll make a resolution on ordinance 1331 amending the Fort Morgan Municipal Code regarding pet animal licenses and authorized authorization to publish by title only. Second. I got a resolution from Jim Parks. Second by Jeff Morford. Roll call, please. That resolution carries unanimously. Awesome. Thank you. Uh, next on the agenda is consent agenda by resolution, Miss Curtis.

Thank you, Mayor. uh council I mean consent agenda items number 15A and 15B are considered routine business by the council and will be enacted with a single motion and a single vote by roll call. There will be no separate discussion of these items if discussion is deemed necessary. That item should be removed from the consent agenda and considered separately. So we're looking for resolution. Yes. Offer resolution. Yeah. I'd like to make a resolution on the consent agenda approval of A and B as written. Second. That resolution by Jim Parks, second by Jeff Morford. Roll call.

That resolution carries unanimously. All right. I get this. I know. I will one day. Reports by official and staff. Brent, you're getting there. Trust me.

Yeah. Uh, a couple things tonight. Um before we go into next week's or next meeting's agenda, u did want to point out that we did um provide you with the sales tax report. Uh that's final now for 2025. Uh we did see a modest gain. Um had a a good December and so we were up um a little over $270,000 from 2024. So a little under 2% gain from 2024. So, uh, we'll take that as a win because we started off not looking so great. Um, so good end of the year there. Uh, also wanted to point out the we've had some social media posts and I know I got asked about it on the radio yesterday. Um, why we're asking for water conservation through this week into next Monday. Typically this time of the year, Northern Water does normal maintenance on the pipeline. So all of our potable water comes to us through a large pipeline and um they always schedule maintenance in the off season. So not at the peak of the summer when most of the cities need the majority of their water for grass, you know, watering and things like that. Um typically this time of the year when they do maintenance, we have snow on the ground or it's so blasted cold, nobody's wanting to water their lawns. But we're having one of those exceptional winters around here where it's very, very mild. people are seeing that their grass is getting very dry and they're worried about their trees. Um, so we understand that, but we're just begging people for the next, you know, seven days. Uh, please just use your water inside your homes like you normally do, your your bathrooms and your cooking with and your showers and everything. We're okay with that. We're just really asking that you don't water your lawn and everything because right now the city of Fort Morgan is literally just using the water we have in our reservoir and in our two water tanks and that's all we have for the next seven days. We should be able to get through that. We can. We've done it in the past,

but we're just asking for a little bit of help so we're not coming to the end of the week and being extremely worried about where we stand. So that's why we're asking for it. This is a normal maintenance that happens every year. This is just because of the given circumstances with the warm weather that we're asking for some assistance from our citizens. So, um with that, um at the next meeting, uh we have a pretty full agenda. We have um let's see, one, two, three, four bids that are all associated with the expansion work that's going on at the substation over by Cargill. Uh our engineers broke this into a bunch of different categories. So, you're going to see four different bids that have to do with u materials or work being done at that substation. Uh we will do the public hearing to amend chapter 20 code for the turf issues that came up tonight. We'll also do theratom public hearing and we'll do the public hearing um for the budget amendment that Casey brought forward. Uh you will also see the draft of the 2027 budget calendar because you know it's we might as well get that started everybody. I know you like it. So uh we'll present that to you at the next meeting. Uh I also have my annual report that is complete and so I'll bring that for your guys's reading pleasure and then we will have two executive sessions at this meeting. uh we need to get you guys up to speed on some um things going on with the NIS project and so we'll have a executive session to discuss NISP and then it will be my annual evaluation so you guys um can do that and we'll spend some time together. So I did print off copies of that evaluation, leave it in your table file tonight so you do have printed copy um for you to use. So other than that that's all I got.

Any questions for Brent? Chief Sharp,

just a couple things. Um, over the last few years, several years now, we've had problems with our phone line from the police department to the communication center. Been going on for, I don't know, at least 32 years that I've been here. Uh, recently, we finally, I think maybe found out what the problem is. We're trying to have that fixed, and the comm center is the one that's working on that. Uh, we're still about 30 days away. Over the past year or so, about once a month, I get a complaint that people call and repeatedly call and nobody answers the phone. in dispatch or that our staff hangs up on them. That's not the case. Uh the phone line doesn't work properly. So I asked to do some this been more frequently. So I asked Travis to do some testing or Travis did to for us today. It took on the two occasions they called into the police department line. It took eight times before it actually rang into the dispatch center. So a lot of times people are calling the police department letting it rain six times or four times or whatever seems reasonable. Nobody answers so they hang up. Please be patient and understand it might take 8 10 rings. It's not that the people in the dispatch center aren't trying to answer the phone. They're not hearing it. It doesn't come through. Um that's going to be persistent for probably about 30 more days, maybe longer. We all know how timelines work for companies. But um supposed to be in about 30 days that should be fixed. So uh please bear with us on that. And that's case for everybody. Every line within the county is having this issue now. It's not just the police department. Um, the other thing I wanted to update you on, um, you might remember July 28th of 2024, we had a shooting outside of a nightclub here on on Main Street. Guy by the name of Jose Kintania was arrested. We didn't end up arresting him until August 7th by the time we identified him. That case went to trial last week. We just got a verdict in right before I came over here tonight of guilty. Um, so I wanted to update you a little bit, give you a little bit of background what happened that evening. There was an in an incident that happened outside the bar as Mr. Kinttonia wasn't in the bar, wasn't allowed to be in the bar. There was an incident where he was assaulted.

Um he made some threats to an individual saying that he was going to kill him and then he left. At closing time, we were able to see through Nelson, our IT director here, was has a camera set up here on this building and you're able to see an individual by Alapco Bay waiting in the um outside eating area. As soon as the victim walked outside, who was not involved in the fight earlier, but was must have thought he was, came outside, he ran across the street, ran up the sidewalk, pulled the gun, shot him, I believe, seven times, including the head and the ears and the back. Um, and then took off running. Nobody at the bar knew who this person was. So, it took a lot of work on the back end. Um, but he was arrested and was convicted on all counts tonight. So, I just wanted to give a shout out to all those agencies that helped us, which of course these CA types of cases take a lot of work. Without our partners, it couldn't be done. So, Sheriff's Office, Brush PD, Colorado Bureau of Investigations, Homeland Security Investigations, all played a part. And then Jake Kchner from the District Attorney's Office did a phenomenal job this week and last week of doing the trial. So, definitely takes a lot of work on his part to prepare, but also to to do the trial. So, um, those are good outcomes and things we like to see and that's when the system works the way it should. So, I just wanted to point that out to you and let you know those are good things. This guy's going to be looking at probably the rest of his life in prison. So, that's a good thing for our community.

That's all I have. Absolutely. Any more questions? Um, just so you know, Travis Freeman posted something tonight with that issue for the comm center and I shared that also on our Facebook post. So, it is out there on our social media. Thank you. Thank you. All right, bids, meetings, announcements. Miss Curtis,

thank you. The two bids that are open right now are the 2026 on call concrete installation services and it closes February 27th at 3 p.m. And then the XL substation expansion control building closes March 10th at 3 p.m. And then we have the February 26th meeting, Museum Heritage Foundation at the library and museum community room. March 3rd, we're back here with our regular city council meeting. And March 9th, there is a planning commission at city hall at 4:30. Awesome. Anybody else have anything? This meeting is now a journ.