STERLING, COLORADO FEBRUARY 25, 2025 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 Chris Rose, Nazarene Church, gave the invocation. Mayor Foos 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, February 25, 2025. Mayor Foos called the meeting to order at 5:30 p.m. Councllmembers present: Mayor Foos Councilmembers Delgado Haynes Janes Wolf Counciimembers absent: Counciimembers Haynie Raffaeli Also present: City Manager Blankenship City Attorney Richardson City Clerk Forbes Fire Chief Ritter Public Works Director Good Parks, Library and Recreation Director Gandee Police Chief Kerr Public Safety Director Lybrand Human Resource Director Mentzel Community Relations Casady Citizens present: 22 CITY OF STERLING - CITY COUNCIL MINUTES = FEBRUARY 25, 2025 - PAGE 2 CONSENT AGENDA: Counoilmember Janes made a motion to approve the consent agenda. Counciimember Wolf seconded the motion. By a four-yes and one-abstain vote, the motion was approved. Voting was as follows: Janes yes Wolf yes Delgado abstain Foos yes Haynes yes Items on the consent agenda were: approval of agenda, City Council minutes of February 11, 2025 and Permit Application and Report of Changes for Broadway Wine & Spirts location at 207 Broadway Street for change of manager. COMMUNICATION AND PERSONAL APPEARANCE OF NON-SCHEDULED CITIZENS BEFORE THE COUNCIL: Mr. Billy Albrandt, 1316 Adam Circle. Mr. Albrandt advised he is from a local family, trying to invest in a ousiness and feels the Ordinance for the marijuana is not being shaped by needs and community standards. Mr. Collin Mudd, Thorton, Colorado. Mr. Mudd did not feel that having a moratorium was bad. He thinks having a marijuana store downtown will bring business to downtown. Mr. Mudd advised that 75 percent of Colorado has a cap on marijuana sales. He also discussed the odor that comes from the cultivation of the product. Ms. Michelle Miller advised the sale of marijuana downtown would not add or take away homelessness. The City needs to be more proactive and offer more resources for recovery. Ms. Miller advised she was there about making changes to the Code regarding animals. She asked if she could provide a sample ordinance. City Attorney Richardson advised providing a sample is fine and the more information she could provide the better. Ms. Kristie Knowles, 417 Holly, Drive. Ms. Knowles advised the City needs to bring downtown foot traffic and encourage downtown traffic with the ordinance. Mr. Levi Wise advised he supports the dispensaries. UNFINISHED BUSINESS: SECOND READING AND PUBLIC HEARING = ORDINANCE NO. 1, SERIES OF 2025 = AN ORDINANCE AMENDING THE STERLING CITY CODE, CHAPTER 3.5, MARIJUANA LICENSING, SECTION 3.5-4, DEFINITIONS, AND SECTION 3.5-6, CITY LICENSE REQUIRED: City Manager Blankenship advised Council First Reading of this Ordinance took place on January 28, 2025, and it was thereafter published. This Ordinance amends City Code Chapter 3.5, Marijuana Licensing, to add a definition for residential areas" in Section 3.5-4, and to add a limitation on the number of licenses granted prior to March 1, 2027, in Section 3.5-6. The amendments to the present sections as reflected in this Ordinance: Wording in brackets is deleted, and underlined wording is added. City Clerk Forbes read the Ordinance by title. Mayor Foos opened the public hearing. Present was Mr. John Tyson, 330 North Division Avenue. Mr. Tyson had concerns regarding the moratorium. Mr. Collin Mudd, Thorton, Colorado. Mr. Mudd advised the reason he suggested the moratorium was sO Sterling would not be oversaturated with marijuana stores. CITY OF STERLING - CITY COUNCIL MINUTES = FEBRUARY 25, 2025 - PAGE 3 Mr. Billy Albrandt, 1316 Adam Circle. Mr. Albrandt advised that he did not think the plans came from Council but from Mr. Mudd. Council should realize that Mr. Mudd is applying for a license. Ms. Kristie Knowles, 417 Holly Drive. Ms. Knowles advised that Council had followed statutory regulations. Ms. Shari LePore advised she talked with Mr. Mudd and they would not like to see liquor stores or marijuana stores on every corner. Mayor Foos closed the public hearing. Councimember Haynes advised the Planning Commission produced a map. The first map had establishments east of the railroad tracks, now it is allowed almost anywhere. Councilmember Haynes advised that people are disappointed with the change. Councilmember Delgado had a map showing how the zoning changed. He did not see how the Ordinance would change things, the areas not allowed are not clearly defined and why the City should freeze the market as we want the revenue. He was concerned about the statement that nobody was able to run a store that was local. Mayor Foos advised this was all discussed previously. Councilmember Janes he advised he supported the Ordinance. There needs to be solid guidance. Councilmember Wolf made a motion to approve Ordinance No. 1, Series of 2025. Counciimember Janes seconded the motion. By a three-yes and two-no vote, the motion failed. Voting was as follows: Wolf yes Janes yes Delgado no Haynes no Foos yes City Attorney Richardson advised per the Charter Section 3-16, the Ordinance has to pass on the majority vote of the full Council, therefore this does not pass. CITY MANAGER REPORT: Sales and Lodging Taxes Water Production/Demand -January 2025 DOLA Cardio Fire Department Grant NEW BUSINESS: INTRODUCTION OF LOGAN COUNTY COMMISSIONER JIM YAHN: Logan County Commission Jim Yahn introduced himself to Council. There was an update on water issues. PRESENTATION FROM CU FOR THE REC-PLEX CONCEPT: PLR Director Gandee introduced CU students through ZOOM who came up with a conceptional plan of the Rec-Plex. MAYOR'S RECOMMENDATION OF APPOINTMENT TO THE PUBLIC WORKS BOARD: Mayor Foos made a motion to appoint Teresa Andrews to the Public Works Board. Councilmember Janes seconded the motion. By a five-yes vote, the motion was approved. RESOLUTION NO. 2-5-25, SERIES OF 2025 = A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO APPROVING AN INTERGOVERNMENTAL CITY OF STERLING - CITY COUNCIL MINUTES = FEBRUARY 25, 2025 - PAGE 4 AGREEMENT BETWEEN THE CITY OF STERLING AND THE COLORADO DEPARTMENT OF PUBLIC SAFETY, DIVISION OF FIRE PREVENTION AND CONTROL: City Manager Blankenship advised Council this Resolution approves an Intergovernmental Agreement with the Colorado Department of Public Safety, Division of Fire Prevention and Control to coordinate efforts for the prevention, detection, and suppression of wildland fires, fuel management, prescribed fire, non-wildland fire emergencies (as authorized), and cooperative projects for resource protection in each party's areas of responsibility and to limit duplication and improve efficiency and effectiveness. Councilmember Delgado made a motion to approve Resolution No. 2-5-25, Series of 2025. Councilmember Wolf seconded the motion. By a five-yes vote, the motion was approved. RESOLUTION NO. 2-6-25, SERIES OF 2025 = A RESOLUTION BEFORE THE CITY OF STERLING, LOGAN COUNTY, COLORADO, APPOINTING DON SALING AS ACTING CITY MANAGER: City Manager Blankenship advised Council the City is in the process of conducting an executive search for a new City Manager to replace the present City Manager, however, during the interim of that search, it will be necessary to fill that position by appointing an Acting City Manager until such time as the City Council hires a permanent City Manager. This Resolution approves an Agreement with Don Saling to be the Acting City Manager, commencing March 17, 2025, and continuing until such time as the City Council hires a permanent City Manager, or makes a reappointment for Acting City Manager. As set forth in the Agreement, the salary will be based on the annual amount of $140,000.00 together with $400.00 per month vehicle allowance, to be paid for as long as the Agreement is in effect. Councilmember Wolf made a motion to approve Resolution No. 2-6-25, Series of 2025. Councilmember Janes seconded the motion. Councilmember Delgado asked if this Resolution needed to be tabled. By a four-yes and one-no vote, the motion was approved. Voting was as follows: Wolf yes Janes yes Delgado no Foos yes Haynes yes FIRST READING - ORDINANCE NO. 2, SERIES OF 2025 - AN ORDINANCE MAKING AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF FIVE MILLION, SIX HUNDRED TWENTY-FIVE THOUSAND, FIVE HUNDRED ONE DOLLARS ($5,625,501) AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY AND INCREASING THE AMOUNT OF THE REVENUE BUDGET FOR 2025 BY ONE HUNDRED EIGHTEEN THOUSAND, FIVE HUNDRED TWENTY-THREE DOLLARS ($118,523): City Manager Blankenship advised Council this Ordinance relates to projects and revenues received in 2025 after the 2025 budget was completed. This will increase expenses of $5,625,501 and revenue of $118,523. Councllmember Janes made a motion to introduce Ordinance No. 2, Series of 2025. Councilmember Wolf seconded the motion. City Clerk Forbes read the Ordinance by title. By a five-yes vote, the motion was approved. MISCELLANEOUS COUNCIL BUSINESS: MISCELLANEOUS MATTERS: Councilmember Janes advised he feels the process of the marijuana licensing and the City regulations need to be looked at. He asked about going back through the Ordinance as there was not a full Council. CITY OF STERLING - CITY COUNCIL MINUTES = FEBRUARY 25, 2025 - PAGE 5 City Attorney Richardson advised a new Ordinance can be brought back to Council and start again. It was the consensus of Councilmembers: Wolf, Janes, and Foos saying yes and Councilmembers Delgado and Haynes saying no. ADJOURMENT: There being no further business to come before Council the meeting adjourned at 6:50 p.m. MAYOR ATTEST: Ado Xabeo CITY CLERK