City Council Regular Meeting Tuesday, October 18, 2022 07:00 PM Fruita Civic Center

The link to join the join the meeting electronically will be posted prior to the meeting at https://www.fruita.org/citycouncil/page/council-meeting-information.  You may also contact the City of Fruita at (970) 858-3663 for information to connect to the meeting.

1.CALL TO ORDER AND ROLL CALL

2.MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE

3.AGENDA - ADOPT/AMEND

4.SWEARING-IN

  1. A.SWEARING-IN of newly appointed Council member Aaron Hancey to the Fruita City Council to fill a vacancy for a two-year term to expire in April of 2024

5.PROCLAMATIONS AND PRESENTATIONS

  1. A.PRESENTATION – Mayor Kincaid and the Fruita City Council will present former City Council member Heather O’Brien with a gift of appreciation for her two years of service on the City Council and as Council Liaison to the Parks and Recreation Advisory Board and Planning Commission

  2. B.PROCLAMATION - Celebrating and in recognition of local artist Jeff Bates

  3. C.PROCLAMATION - Proclaiming October 20, 2022 as "Lights on Afterschool Day" in the City of Fruita to be accepted by Sheryl Fisher on behalf of Extended Hours, Eureka! McConnell Science Museum and Riverside Educational Center

6.PUBLIC PARTICIPATION 

This section is set aside for the City Council to LISTEN to comments by the public regarding items that do not otherwise appear on this agenda. Generally, the City Council will not discuss the issue and will not take an official action under this section of the agenda.  Please limit comments to a three-minute period.

7.CONSENT AGENDA

These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. These items will be approved by a single motion of the Council. Members of the Council may ask that an item be removed from the consent section and fully discussed.  All items not removed from the consent section will then be approved.  A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed at the end of the regular agenda.

  1. A.MINUTES - A request to approve the minutes of the August 30, 2022 City Council Workshop meeting

  2. B.MINUTES - A request to approve the minutes of the September 6, 2022 Regular City Council meeting

  3. C.MINUTES - A request to approve the minutes of the September 20, 2022 Regular City Council meeting

  4. D.MINUTES - A request to approve the minutes of the September 27, 2022 Special Meeting

  5. E.MINUTES - A request to approve the minutes of the September 27, 2022 City Council Workshop meeting

  6. F.MINUTES - A request to approve the minutes of the October 10, 2022 City Council Special meeting for City Council vacancy interviews

  7. G.LIQUOR LICENSE RENEWAL – A request to approve the renewal of a Retail Liquor Store – malt, vinous and spirituous liquor license for CTL Fruita, LLC dba Center Town Liquors located at 161 N. Park Square, Unit B       

  8. H.BOARDS AND COMMISSIONS APPOINTMENT – A request to approve the appointment of Sheila Adamson to the Livability Commission for a three-year term that will expire in October of 2025

  9. I.RESOLUTION 2022-18 - Incorporating property into the City of Fruita operated and maintained irrigation system (W. Pabor Way)

  10. J.RESOLUTION 2022-27 – Adopting the City Council Norms of Conduct

  11. K.RESOLUTION 2022-28 – Adopting the City Council 2022 Strategic Plan

  12. L.RESOLUTION 2022-29 – Adopting the City Council Rules of Procedure

  13. M.FINANCIAL REPORTS – A request to approve the September 2022 Financial Reports

8.PUBLIC HEARINGS

Public hearings are held to obtain input from the public on various items.  Public hearings are either Legislative in nature or Quasi-Judicial in nature.  Public Input is limited to 3 minutes per person.  People speaking should step up to the microphone and state their name and address.  Speakers should be to the point and try not to repeat the points others have made. Each is described as follows:

LEGISLATIVE – Legislative public hearings are held when the City Council is considering an item that establishes legislation such as an ordinance amending or establishing laws of the city. Interactions by members of the public with the City Council or individual members is permissible on items of a legislative nature.

ORDINANCES - After introduction of an Ordinance (First Reading), a public hearing date is set and notice of the hearing is published in the newspaper.  Staff presents the ordinance on Second Reading and the hearing is opened to the public for public input.  After comments from the public, the Mayor will close the hearing and bring the Ordinance back to the City Council for discussion and potential action.  The Council will make a motion to approve the Ordinance or take no action.  In the event the ordinance is approved, it will become effective 30 days after adoption.

QUASI-JUDICIAL – Quasi-judicial public hearings are held when the City Council is acting in a judicial or judge like manner and a person with a legitimate interest is entitled to an impartial decision made on the basis of information presented and laws in effect. Quasi-judicial hearings are commonly held for land use hearings and liquor license hearings. Since the City Council is acting in a fair and impartial manner, it is NOT permissible for City Council members to have any ex-parte communication (contact between the applicant, members of the public, or among other members of the City Council) outside of the Public Hearings and meetings on the subject application.  The City Council must limit its consideration to matters which are placed into evidence and are part of the public record.  Quasi-judicial hearings are held in the following manner:

1. Staff presentation - Staff will present the comments and reports received from review agencies and 
    offer a recommendation.
2. Applicant Presentation - The petitioner is asked to present the proposal.  Presentations should be
    brief and to the point and cover all of the main points of the project. 
3. Public Input (limit of 3 minutes per person) Speakers must step up to the microphone and state their name and
    address.  Speakers should be to the point and try not to repeat the points others have made.
4. The public hearing is closed to public comments. 
5. Questions from the Council.  After a Council member is recognized by the Mayor, they may ask questions of the
    staff, the applicant, or the public. 
6. Make a motion.  A member of the City Council will make a motion on the issue.
7. Discussion on the motion.  The City Council may discuss the motion.
8. Vote.  The City Council will then vote on the motion.

A.QUASI-JUDICIAL HEARINGS

  1. 1)ORDINANCE 2022-22 - SECOND READING - An Ordinance annexing approximately 1 acre of property located at Parcel # 2697-213-00-078 into the City of Fruita (Dogleg 1 Annexation) - City Planner Henry Hemphill

  2. 2)ORDINANCE 2022-23 - SECOND READING - An Ordinance annexing approximately 4.54 acres of property located at Parcel # 2697-213-00-094 into the City of Fruita (Dogleg 2 Annexation) - City Planner Henry Hemphill

  3. 3)ORDINANCE 2022-24 - SECOND READING - An Ordinance amending the Official Zoning Map of the City of Fruita by zoning approximately 1 acre of property located at parcel #2697-213-00-078 to a South Fruita Residential zone (Dogleg 1 Zoning) - City Planner Henry Hemphill

  4. 4)ORDINANCE 2022-25 - SECOND READING - An Ordinance amending the Official Zoning Map of the City of Fruita by zoning approximately 4.54 acres of property located at parcel #2697-213-00-094 to a South Fruita Residential zone (Dogleg 2 Zoning) - City Planner Henry Hemphill

  5. 5)COPPER CREEK WEST PRELIMINARY PLAN - City Planner Henry Hemphill

B.LEGISLATIVE HEARINGS

  1. 1)ORDINANCE 2022-21 – SECOND READING - An introduction of an Ordinance amending the Fruita Municipal Code to allow for spirituous tastings - Deputy City Clerk Deb Woods

  2. 2)ORDINANCE 2022-26 – Second Reading – Approving a long-term lease with All Copy Products, Inc. for a copier system and related services at the Fruita Civic Center and authorizing the City Manager to execute the contract – Deputy City Clerk Deb Woods

9.ADMINISTRATIVE AGENDA

  1. I.2023 BUDGET PRESENTATIONS – Infrastructure and Core Services Presentation - Assistant to the City Manager Shannon Vassen

10.CITY MANAGER’S REPORT

11.COUNCIL REPORTS AND ACTIONS

  1. A.BOARDS AND COMMISSIONS COUNCIL LIAISONS - Discussion of vacancies and interest for City Council Liaison assignments to the City’s various boards and commissions

12.ADJOURN

In accordance with the Americans with Disabilities Act, persons who need accommodation in order to attend or participate in this meeting should contact the City Clerk’s Office at 970-858-3663 within 48 hours prior to the meeting in order to request such assistance.