City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 24, 2013 1. The meeting was called to order at 7:35 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 Karen Sheek. Councilmember Shawna McLaughlin was absent. Staff members present were Chief of Police Roy Lane, Director of Planning and Building Kirsten Sackett, Director of Parks and Recreation Dean Palmquist, Grants and Special Projects Administrator Chris Burkett, City Clerk Linda Smith, City Manager Shane Hale, and City Attorney Mike Green. There were 20 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 September 10, 2013. b. Approval of the payment of the Expenditure Vouchers of September 24, 2013. Councilmember Keel moved that Council approve the Consent Agenda as presented, with the additional expenditure vouchers totaling $657.83. Mayor Pro-tem Keefauver seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes absent Yes Yes 3. PRESENTATIONS a. Presentation to the Winners of the “Art & Soul Cortez” Contest. Director of Planning and Building Sackett stated that Heart & Soul Cortez hosted a contest seeking art that represents the top three items that people say they value about Cortez: parks and recreation, small town feel, and local landscapes. Rocky Moss, Heart & Soul Project Coordinator, stated that the art pieces submitted for the contest were displayed at the Cortez Cultural Center and the public voted on their favorites. She stated that the winners of the art exhibit were as follows: 3rd Place – Robby Henes; 2nd Place – Otter Lopez; and 1st Place – Sera King. The winners of the Art & Soul Cortez Contest showed their art pieces to Council and were presented with prizes. 4. CITIZEN PARTICIPATION a. Rock Crawling Grand Nationals. David Furrey commented he was a past resident of Cortez and that he comes to visit on occasion and has always been greeted by pleasant City employees. He invited Council to attend the Rock Crawling Grand Nationals event that would be held on September 28 and 29, 2013, at 8783 County Road G. He spoke about the rock crawlers that are built by Jimmy’s 4 x 4, owners Randy and Cotton Rodd, for people all over the world and noted that they are featured on the front page of an internationally circulated magazine entitled “Crawl.” He commented that Jimmy’s 4 x 4 is helping advertise Cortez all over the world. He encouraged CITY COUNCIL REGULAR MEETING SEPTEMBER 24, 2013 PAGE 2 Council and the citizens of the community to support the Rock Crawling Grand Nationals event. b. Heart & Soul Cortez. Ms. Henes stated that she is a part of the Heart & Soul process and the Committee is now sifting through the information that has been obtained by the citizens over the last year regarding what they value about the community and what they would like to see changed. She spoke about two Community Conversation Synthesis activities that would be held on October 2 and 17, 2013, with the idea of bringing people together to collect insights and perceptions for the community. 5. PUBLIC HEARINGS a. Ordinance No. 1181, Series 2013. City Attorney Green stated that Ordinance No. 1181, Series 2013, is a housekeeping ordinance eliminating the bond for the Deputy City Clerk and amending the Cortez City Code to allow police officers, animal control officers, and code enforcement officers to issue summons and complaints into Cortez Municipal Court. Mayor Porter opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Archibeque moved that Ordinance No. 1181, Series 2013, be approved regarding a bond for the Deputy City Clerk and amending the Cortez City Code to allow police officers, animal control officers, and code enforcement officers to issue summons and complaints into the Cortez Municipal Court. Councilmember Sheek seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes absent Yes Yes b. Resolution No. 17, Series 2013. Director of Planning and Building Kirsten Sackett stated that Resolution No. 17, Series 2013, would grant approval of a site development plan for the construction of a gas station/convenience store on vacant property located at the northwest intersection of Highway 145 and Highway 160. She stated that the Maverik Country Store has completed an application for a site development plan for utilization of the center lot of three properties that are zoned Commercial Highway (C). She stated that representatives of the Maverik have proposed a store that would be 4,630 square feet in size and would have two entrances from North Dolores Road and one from Highway 145. She stated that the applicants have submitted all the requirements for a site development plan and their landscaping plan includes plant species recommended in the City’s recently completed Beautification Plan. She reviewed comments from the various City departments and special districts and stated that representatives from Maverik have been working with the Colorado Department of Transportation (CDOT) for several years regarding access to the property. She stated that the Maverik store may apply for a 3.2% liquor license after the building is constructed and a public hearing process would be required prior to the issuance of a liquor license. Discussion was held on the sidewalk requirement and Director of Planning and Building Sackett stated that staff has recommended that the sidewalk next to the Maverik property line be completed and the City would then gravel the rest of the space in the public right-of-way. She stated that the Planning and Zoning Commission recommended approval with several conditions which included that staff, the applicant, representatives from Southwest Open School, and the neighbors meet prior to the presentation before Council to discuss concerns that everyone had regarding the development. She stated that a meeting was held on Thursday, September 19, CITY COUNCIL REGULAR MEETING SEPTEMBER 24, 2013 PAGE 3 2013, and many of the concerns from the neighbors and school were addressed. Director of Planning and Building Sackett stated that the City has offered to mark the area around the Southwest Open School as a school zone and the Maverik representative stated that Maverik is amenable to marking their exits onto North Dolores Road with signage noting that the area is a neighborhood and school zone. She stated that an e-mail was received from Linda Rose, Southwest Open School Boardmember, regarding her concerns for the development and two phone calls were received, one supporting the proposal and another asking questions about the possible liquor licensing of the Maverik. She pointed out goals and policies of the Comprehensive Plan that support the proposed development in regard to promoting infill development, specifically when it is in close proximity to existing utilities and other infrastructure. She stated that staff recommends approval of the proposal through Resolution No. 17, Series 2013, with five conditions. Todd Meyers, representative for Maverik, stated that Maverik owns about 260 stores with one of their older stores located on the west side of Cortez. He stated that a question that continues to come up is why Maverik doesn’t purchase an older convenience store that has been closed and remodel it into a Maverik store; however, the new standards for a Maverik convenience store is that there is plenty of space for people to park their vehicles that may be pulling a boat or u-haul and that the building is now approximately 5,000 square feet in size. Mr. Meyer described the look of the new store and stated that the lighting will be recessed so it does not trespass into the residential area. He stated that the site plan includes two picnic tables with a trellis and a bike rack and noted that if the Southwest Open School would like additional picnic tables, they would be added. Mr. Meyers stated that the proposed property that the Maverick would be located on includes three lots. He stated that the Maverick will be located on the center lot and they will be looking for a tenant to be located on each side of the Maverick. City Manager Hale asked how long it would take to find tenants for the other two lots and Mr. Meyer stated that he did not know how quickly the other lots would be filled. In answer to a question from Mayor Porter, Mr. Meyers stated that the building will be similar to the Moab store which is a southwest style look. Mayor Porter opened the public hearing. Jennifer Carter, Director of Southwest Open School, stated that she had some concerns regarding the safety of their students due to the increase in traffic from the two access points onto North Dolores Road; however, after the collaborative meeting held with the developer, she feels that their concerns will be mitigated and appreciates Maverik and the City for working with the neighbors and the school. Scott Wallace, Four Corners Properties, stated that the property is a difficult piece to develop and Maverik has been really good to work with and should be a great addition to the entrance into Cortez. Councilmember Keel moved that Council approve Resolution No. 17, Series 2013, with five conditions, approving a site development plan for the construction of a gas station/convenience store on vacant property located at the northwest intersection of Highway 145 and Highway 160. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes absent Yes Yes 6. UNFINISHED BUSINESS – None. CITY COUNCIL REGULAR MEETING SEPTEMBER 24, 2013 PAGE 4 7. NEW BUSINESS a. The Pinon Project, DCJ Service Provider Contract. Grants and Special Projects Administrator Burkett stated that the City has acted as a pass-through agency for several Department of Justice Grants from the Colorado Department of Public Safety. He stated that the Pinon Project is one of the recipients of a grant for the Pinon Project Youth Enrichment Program. He stated that the contract between the City of Cortez and the Pinon Project requires reports and background documents; however, the new contract would require that the Pinon Project provide quarterly reports to City Council and that an administrative fee be paid to the City for services involved with the grant requirements. He stated that staff recommends that Council approve the Pinon Project contract for the Pinon Project Youth Enrichment Program and that the City Manager be authorized to sign the contract for 2013/2014. Councilmember Archibeque moved that Council approve the Pinon Project Contract for the Pinon Project Youth Enrichment Program and the City Manager be authorized to sign the contract. Councilmember Sheek seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes absent Yes Yes b. The Recovery Center, DCJ Service Provider Contract. Grants and Special Projects Administrator Burkett stated that the Recovery Center is the continued recipient of the Offender Re- entry Program Grant which will be funded in 2014 for approximately six months. He stated that the new contract would require the Recovery Center to make quarterly reports available to City Council and an administrative fee of 5% would be paid to the City for services involved with administration of the grant. Mayor Pro-tem Keefauver moved that Council approve the contract with the Recovery Center for the Offender Re-Entry Program and the City Manager be authorized to sign the contract. Councilmember Keel seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes absent Yes Yes c. Resolution No. 18, Series 2013. City Manager Hale stated that Resolution No. 18, Series 2013, supports the question on the November ballot, Referendum 5D MCHD. He stated that the Friends of the Hospital made a presentation to City Council at their September 10, 2013, meeting regarding Referendum 5D MCHD and following the meeting, a request was made asking the City to send a letter of support for the referendum. Councilmember Sheek disclosed that she is the Chairman of the Referendum 5D MCHD Committee and therefore recused herself from the vote. Councilmember Butler moved that Council approve Resolution No. 18, Series 2013, a resolution declaring the City Council’s support for Referendum 5D, MCHD, the Montezuma County Hospital District’s request to remove statutory and constitutional caps on revenue growth. Councilmember Keel seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING SEPTEMBER 24, 2013 PAGE 5 Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes absent Yes * *Councilmember Sheek recused herself from the vote due to a conflict-of-interest. d. 2013 Tree Pruning Bid. Director of Parks and Recreation Palmquist stated that staff has determined that the trees in City Park were deemed to be the most critical trees in need of pruning. He stated that the trees need more extensive pruning than what the City Public Works staff could provide and therefore a bid was prepared with three companies submitting proposals. He stated that Animas Valley Arborist, Inc. was the low bidder with a bid of $4,995. He stated that the second bid was a local company; however, after applying the 2% local vendor preference policy to the bid, the bid was still higher than the lowest bid. He stated that staff recommends awarding the 2013 Tree Pruning Bid to Animas Valley Arborist, Inc. Councilmember Archibeque moved that Council award the 2013 Tree Pruning Bid to Animas Valley Arborist, Inc., at a bid amount of $4,995. Councilmember Sheek seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes absent Yes Yes e. Ordinance No. 1182, Series 2013. City Attorney Green stated that Ordinance No. 1182, Series 2013, approves “tastings” as an addition to the City Code Section 4-3. He stated that there has been a request by the local liquor stores to be able to conduct tasting within their establishments. He stated that under State Statutes, Title 12, Colorado Liquor Code, the City can pass an ordinance that allows a liquor store or a liquor licensed drugstore to conduct tastings on site. He stated that tastings may be allowed for up to 104 days per license year and a fee would be charged by the City for a permit that would be approved annually. He stated that training is required by the servers involved in the tastings. Discussion was held on the limit of alcohol that can be served during the tastings and it was noted that the tastings cannot exceed a total of five hours in duration per day. City Attorney Green explained that the tasting can only be conducted at a retail licensed liquor store and usually is held for the sampling of wine. In answer to a question from Councilmember Butler, Chief of Police Lane stated that he did not feel there would be any issues with enforcement for the tastings as they will be similar to the wine tasting that is held in the park each summer. Chief of Police Lane stated that the open and unconsumed alcoholic beverages that are being tasted are required to be destroyed following the completion of the tasting. Councilmember Sheek moved that Council approve on first reading Ordinance No. 1182, Series 2013, an ordinance providing for tastings at liquor stores or liquor licensed drugstores, and set for public hearing on October 8, 2013. Councilmember Keel seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes absent Yes Yes CITY COUNCIL REGULAR MEETING SEPTEMBER 24, 2013 PAGE 6 f. Appointment to Planning and Zoning Commission. City Clerk Smith stated that Orly Lucero, Chairperson for the Planning and Zoning Commission, interviewed Jeanine Valdez who has submitted her letter of interest to serve on the Commission. City Clerk Smith stated that Mr. Lucero also consulted with the Planning and Zoning Commission members on their thoughts of the appointment of Ms. Valdez to the Commission, and everyone has agreed to recommend her appointment. City Clerk Smith stated that Ms. Valdez was a past City Councilmember for four years. Councilmember Archibeque moved that Council appoint Jeanine Valdez to the Planning and Zoning Commission. Councilmember Sheek seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes absent Yes Yes g. Resolution No. 19, Series 2013. Director of Planning and Building Sackett stated that Resolution No. 19, Series 2013, approves a request for a variance to the front yard setback for construction of a commercial building on property located at 435 West North Street. She stated that on June 25, 2013, John Anderson, owner of Mesa Verde Motors, received Council approval of a conditional use permit and site development plan for a white box structure, or shell building, to be located north of Mesa Verde Motors. She stated that the building has been purchased; however, the applicant is now reconsidering the placement of the structure on the lot and has requested to rotate the building 90 degrees, so that the front of the structure does not have a northern exposure, specifically due to the winter months. She stated that rotation; however, of the building would pose issues with meeting setback requirements. She stated that the front yard setback requirement in the Commercial Highway zone is ten feet and, with the proposed new location of the building there would only be five feet between the northern edge of the building and the north property line; however, the distance from the property line and the curb line would exceed 20 feet. She reviewed the required findings for granting a variance to the front yard setback requirements from Section 6.17(c). John Anderson stated that he is requesting the change in the location of the building on the lot mainly due to the entrance area and noted that the building would be more centered on the lot with the new proposal. City Attorney Green commented that condition number six (6) does not apply to the variance as it is unknown what the use will be for the building at this time. Councilmember Keel moved that Council approve a variance request to the front yard setback for construction of a commercial building on property located at 435 West North Street through Resolution No. 19, Series 2013, with the removal of condition (6). Mayor Pro-tem Keefauver seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes absent Yes Yes 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. 10. ADDITIONAL CITIZEN PARTICIPATION – None. CITY COUNCIL REGULAR MEETING SEPTEMBER 24, 2013 PAGE 7 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT – None. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Porter stated that during the workshop, Council received a solar and fiber optic update and information on a future access control plan. He stated that Council held an Executive Session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e). b. Library Advisory Board. Councilmember Sheek stated that discussion held during the Library Advisory Board meeting included adding a student as a member of the board. She stated that a webinar will be offered to the Library Advisory Board in the near future on what their duties include as board members and, in lieu of the Library Libations annual fundraiser, personal letters will be sent to people that have supported the Library in the past asking for donations. She noted that the Library now has e-books available free to all Library patrons. c. Cortez Retail Enhancement Association. Councilmember Sheek stated that she had been a member of the Cortez Retail Enhancement Association (CREA) Board prior to becoming a City Council member and has been asked to report on the CREA meetings to keep City Council updated. She stated that discussion at the last meeting included the Treasure of Cortez program which is in its second year, and the Night Market in the Park, in its first year, which was felt to be a success. She stated that CREA also sponsored a Roller Derby at the Middle School over Labor Day weekend. The meeting was adjourned at 9:00 p.m. ________________________________ Dan L. Porter, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk