City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, AUGUST 27, 2013 1. The meeting was called to order at 7:30 p.m., and was opened with the Pledge of Allegiance. Councilmembers present were Mayor Dan Porter, Bob Archibeque, Tom Butler, Mayor Pro-tem Matt Keefauver, Ty Keel, and Shawna McLaughlin, and Karen Sheek. Staff members present were Chief of Police Roy Lane, Airport Manager Russ Machen, Director of Planning and Building Kirsten Sackett, Director of Public Works Jack Nickerson, Director of Finance Kathi Moss, City Clerk Linda Smith, City Manager Shane Hale, and City Attorney Mike Green. There were eight people present in the audience. 2. The Consent Agenda items acted upon by Council were as follows: a. Approval of the Worksession and Regular Meeting Minutes of August 13, 2013. b. Approval of the payment of the Expenditure Vouchers of August 27, 2013. c. Approval of a renewal Retail Liquor Store License for Teebox Inc., DBA Teebox Liquors, located at 2410 Fairway Drive, Cortez. d. Approval of a transfer of an Airport Land Lease due to the sale of a hangar from Michael D. Hill to John Hutchison. Councilmember Keel moved that Council approve the Consent Agenda as presented. Mayor Pro- tem Keefauver seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes Yes Yes Yes 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS a. Ordinance No. 1180, Series 2013. City Attorney Green stated that Ordinance No. 1180, Series 2013, approves a moratorium on the approval of local licenses for medical marijuana or retail marijuana sales, cultivation, testing facilities, and infused product operations within the City of Cortez. He stated that the ordinance is the same as presented at first reading with the addition to the fourth paragraph, Now Therefore, it is ordained by the City Council of the City of Cortez, Colorado, that the City of Cortez declares a moratorium commencing immediately on the issuance of ‘new’ local licenses, etc. He stated that staff feels there is not enough knowledge from the State on marijuana center rules and regulations and staff feels the City should put a moratorium in place through June 1, 2014, to allow time for the State to better define the requirements. Mayor Porter CITY COUNCIL REGULAR MEETING AUGUST 27, 2013 PAGE 2 opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Archibeque moved that Council approve on final reading Ordinance No. 1180, Series 2013, authorizing a moratorium which sunsets on June 1, 2014, on the consideration and issuance of new local licenses for medical marijuana or retail marijuana sales, cultivation, testing facilities, and infused product operations within the City of Cortez. Councilmember Sheek seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes Yes Yes Yes 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Airport Taxiway Shoulder Project. Airport Manager Machen stated that the Cortez Municipal Airport is scheduled to construct 20-foot runway shoulders with funding from the Federal Aviation Administration (FAA), the State of Colorado, and matching funds from the Airport Fund. He stated that Congress was slow in allowing the FAA to write grants in 2013 which is the reason the runway shoulder project did not go out for bid until July. He stated that the bids were higher than expected due to the late bidding process and the City’s engineer, Jacobs Engineering, worked with the low bidder, Oldcastle SW Group, to fit the project into available funds. Airport Manager Machen stated that the end results for the project will include 65% of the original proposed length of the 20’ taxiway shoulder project and the ramp repairs. He stated that the road relocation to the FAA equipment will not be completed at this time. He stated that the Airport budgeted $144,788 match last fall, based on a 90% FAA and State match allotments; however, due to the high bids and the FAA wanting to complete as much of the shoulder work as possible, they offered to delve into 2014 funding for an additional $150,000 if the City could front the money until the FAA 2014 grant cycle opens. He stated that the additional matching funds from the City would total $16,667 of which $5,000 is from City in-kind work. He commented that he does not feel the City will have to pay any money in 2014 in lieu of the 2014 FAA grant being received as the contractor retainage of 10% for the project would not be paid out until the final closeout of the project. Discussion was held about the FAA grant process for 2014 and the possibility that the money would not be received by the City until late 2014. Airport Manager Machen stated that the 2013 FAA grant has just been signed and approved. Councilmember Sheek moved that Council award the Airport Taxiway Shoulder Project to Oldcastle SW Group, Inc., DBA Four Corners Materials, in the amount of $2,784,563. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes Yes Yes Yes b. Resolution No. 16, Series 2013. Director of Planning and Building Sackett stated that William Quinn, 611 Apple Drive (Lot 7), and Randy Hawks, representing Roscoe Hawks Trust at 609 Apple Drive (Lot 8), have applied to shift a lot line that separates their two lots to accommodate existing landscaping in the rear yard of Lot 7 which is inadvertently encroaching into Lot 8. She stated that CITY COUNCIL REGULAR MEETING AUGUST 27, 2013 PAGE 3 the amended plat of Lots 7 and 8, Block 10, Verde Vu Subdivision is allowed through Land Use Code Section 6.09(a)(9) which states that a replat may occur when the relocation of one or more lot lines between one or more adjacent lots where the owner or owners of all such property join in the application for the plat amendment. She stated that amended plat shows that both lots will meet the minimum lot size of 7,000 square feet as well as all the setback requirements. She stated that there were no comments received from any of the utility suppliers or affected special districts and that staff recommends approval through Resolution No. 16, Series 2013, with three conditions. Mr. Quinn stated that he has lived at 611 Apple Drive for ten years and has maintained some landscaping improvements on Mr. Hawks’ property over the years. He stated that Mr. Hawks will be going into an assisted living facility and has agreed to sell the landscaped area to him; however, prior to purchasing the property, an amended plat must be completed Councilmember Keel moved that Council approve an Amended Plat of Lots 7 and 8, Block 10, of the Verde Vu Subdivision, as submitted by William Quinn and Randy Hawks, through Resolution No. 16, Series 2013, with three conditions. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes Yes Yes Yes c. 2013 Median Beautification Project. Director of Public Works Nickerson stated that the original 2013 Median Beautification Project included the removal of concrete median cover material, removal of existing light standards, relocation and reinstallation of 16 new light standards, installation of new concrete median cover material, installation of rock and wood mulch, installation of shrubs and grasses, and two art sculptures. He stated that one bid was received for the project; however, the bid exceeded the budget amount. He stated that staff analyzed the submitted bid and determined that the unit prices for the hard infrastructure were priced at a reasonable level but the landscaping items were the reason the bid was over budget. He stated that after negotiations with the contractor, it was agreed to divide the work into two projects and have the safety/hard infrastructure items completed this year and put the landscaping portion of the project out for bid in early 2014. He stated that approximately $46,200 was saved from the project by the reduction of the scope of work and, by dividing the project into two separate projects, the overall goal of the median beautification project will continue. Discussion was held on the date of completion for the two projects and Director of Public Works Nickerson stated that the hard infrastructure items would be completed by October 2013 and the landscaping items would be bid in early 2014 with a completion date of May 2014. In answer to a question from Councilmember Sheek, Director of Public Works Nickerson stated that only one lane would be closed on each side of the street on South Broadway during the median work. Councilmember Archibeque moved that Council approve the reduced scope of the project and the revised bid from Candelaria Construction, Inc., in the amount of $277,822.57 for the 2013 Median Beautification Project. Councilmember Sheek seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes Yes Yes Yes CITY COUNCIL REGULAR MEETING AUGUST 27, 2013 PAGE 4 d. Resolution No. 12, Series 2013. Director of Finance Moss stated that Resolution No. 12, Series 2013, approves a new bank account at Vectra Bank for the purposes of depositing sales tax revenue collected online through MuniRevs sales tax program. She stated that due to the many on line payments that the City now receives, including utility payments, it has become cumbersome to balance the bank account. She stated that MuniRevs suggested that a separate account be set up at Vectra Bank so the on line revenue collected for sales tax could easily be tracked. She stated that the new bank account would be used only for the sales tax revenue collected by MuniRevs and would be put in the General Account periodically to cover operating expenses. Director of Finance Moss stated that there are approximately 300 citizens that are now paying their utility bills on line and staff is pleased with the new program. City Manager Hale stated that there are a lot of different transactions that are now appearing on the City’s bank statement and tracking it all would be difficult with the additional on line sales tax deposits. Councilmember McLaughlin commented that she likes the online payment option and noted that it is very user friendly. Councilmember Sheek moved that Council approve Resolution No. 12, Series 2013, approving a new bank account at Vectra Bank for the purposes of depositing sales tax revenue collected online through MuniRevs sales tax program. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes Yes Yes Yes e. Modification of Premises for Addison’s Fine Food and Libations. City Manager Hale stated that the applicant withdrew his request. 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. 10. ADDITIONAL CITIZEN PARTICIPATION a. Marijuana Information. Jaime Boyd, Mancos, stated that she represents a group of Amendment 20 patients and thanked Council for the moratorium on the new marijuana centers. She asked that the City keep in mind that one medical marijuana center is needed if and when the City decides to allow retail centers in community. She asked if the State finalizes their regulations, would the City consider releasing the moratorium and City Manager Hale stated that the moratorium has been put in place until June 1, 2014, which will allow for the 2014 Legislature session to discuss the issues and the City to decide if they have enough information regarding the regulations for retail marijuana centers. He stated that the moratorium could be extended if needed. b. Lawsuit. Marion Harper spoke about a lawsuit that he has with the City and the possibility of a settlement. 11. CITY ATTORNEY’S REPORT – None. CITY COUNCIL REGULAR MEETING AUGUST 27, 2013 PAGE 5 12. CITY MANAGER’S REPORT a. Golf Course. City Manager Hale stated that the much needed rain that was received over the weekend caused the aeration of the golf course to be put off for a few days. He stated that the Montezuma Valley Irrigation Company (MVI) has also pushed back the date for closure of the ditch water to the golf course until the first part of September. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Porter stated that during the workshop, a presentation was made by the City’s auditor Holscher, Mayberry and Company on the City’s 2012 Audit and a presentation was also given on a future Beautification Plan for the City. b. Mesa Verde Country Tourism Board. Councilmember McLaughlin stated that Mesa Verde Country Tourism Board met on August 20, 2013, and discussed a CTO Grant which has been recently applied for and the possible changes to the Travel Planner. She stated that an application has been completed through Fort Lewis College for a possible student internship and Susan Thomas from Trail of the Ancients made a presentation regarding the addition of the flume on the Scenic By -Way. c. Heart and Soul. Director of Planning and Building Sackett stated that community summits are being planned and an upcoming training will be held in Golden, Colorado. The meeting was adjourned at 8:12 p.m. ________________________________ Dan L. Porter, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk