City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 26, 2013 1. The meeting was called to order at 7:30 p.m., and was opened with the Pledge of Allegiance. Councilmembers present were Bob Archibeque, Tom Butler, Ty Keel, and Shawna McLaughlin. Mayor Dan Porter, Mayor Pro-tem Matt Keefauver and Karen Sheek were absent. Staff members present were Chief of Police Roy Lane, Finance Director Kathi Moss, Director of Planning and Building Kirsten Sackett, City Clerk Linda Smith, City Manager Shane Hale, and City Attorney Mike Green. There were three 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 November 12, 2013. b. Approval of the payment of the Expenditure Vouchers of November 26, 2013. c. Approval of a renewal Hotel and Restaurant Liquor License for Food 4 U Inc., DBA Lotsa Pasta, 1020 South Broadway, Cortez. Councilmember McLaughlin moved that Council approve the Consent Agenda as presented, with the additional expenditure vouchers totaling $242,651.23. Councilmember Butler seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes absent absent 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS a. Resolution No. 31 and Resolution No. 32, Series 2013. Director of Planning and Building Sackett stated that, as noted in the past, the City of Cortez was designated by the State as a Certified Local Government (CLG) and since that time, the City has been awarded two separate CLG grants from the Colorado Historical Society for the purpose of conducting site surveys of potentially historic structures in Cortez. She stated that of the 82 properties surveyed to date, 63 have been determined to be eligible for historic designation on the City’s Register of Historic Structures, Sites, and Districts with 20 of the eligible properties approved by Council for the Cortez historic designation. She stated that two more property owners have requested a historic designation for their properties which are located at 102 East North Street (Mitchell Toms) and Kemper Elementary School located at 620 East Montezuma Avenue. She stated that both properties meet the criteria for being designated as historic structures in Cortez as per Section 6.19 of the Land Use Code. Councilmember Keel opened the public hearing; however, no one spoke and the hearing was CITY COUNCIL REGULAR MEETING NOVEMBER 26, 2013 PAGE 2 closed. Councilmember Archibeque moved that Resolution No. 31 and Resolution No. 32, Series 2013, be approved regarding the inclusion of two separate structures, located at 102 East North Street and 620 East Montezuma Avenue, in the City of Cortez Register of Historic Structures, Sites, and Districts. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes absent absent b. Resolution No. 33, Series 2013. Director of Planning and Building Sackett stated that Resolution No. 33, Series 2013, approves a site development plan for the expansion of the Herbal Alternative structure at 1531 Lebanon Road. She stated that Billy W. Sanchez, Inc., has requested expansion of the Herbal Alternative building located at 1531 Lebanon Road, which is accessed through an easement that was granted by the City of Cortez through property leased to the Four Corners Gun Club. She stated that presently the Herbal Alternative business is 3,600 square feet in size and the proposal is to construct an additional 5,400 square feet, bringing the structure to 9,000 square feet. She stated that the submitted application indicates that the addition is being requested for the purpose of a larger production area, as the current building is not large enough to handle demand. She stated that the property consists of 6.72 acres and, with the proposed expansion, the three buildings on the property will total 17,200 square feet in size, bringing lot coverage at build- out to 6%. She stated that Planning and Zoning reviewed the application for the proposed site development plan at their meeting on October 1, 2013, and recommended approval through Planning and Zoning Resolution No. 8, Series 2013. She stated that Planning and Zoning also granted a Special Exception to the number of required off-street parking spaces, allowing for a reduction from 30 spaces to 12 spaces. Director of Planning and Building Sackett stated that Council recently enacted a moratorium on new medical marijuana centers; however, the moratorium only applies to the issuance of a new license, so the applicant is free to proceed with the expansion as long as the expansion is in keeping with all land use and building requirements and receives the appropriate approvals including the Cortez Police Department and the State Medical Marijuana Enforcement Division. She reviewed comments from various City departments and affected agencies and noted that the proposal is compatible with several goals and objectives of the Comprehensive Plan. She stated that the Parks and Recreation Department met with the applicant and an agreement was reached by both parties on the landscaping. She reviewed the seven conditions included in Resolution No. 33, Series 2013, and stated staff recommends approval. Councilmember Keel opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Archibeque moved that Council approve the site development plan for the expansion of the Herbal Alternative building located at 1531 Lebanon Road, as submitted by property owner Billy W. Sanchez, Inc., through Council Resolution No. 33, Series 2013, with seven conditions. Councilmember Butler seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes absent absent CITY COUNCIL REGULAR MEETING NOVEMBER 26, 2013 PAGE 3 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Ordinance No. 1183, Series 2013. Director of Finance Moss stated that Ordinance No. 1183, Series 2013, approves the appropriation of supplemental funds, rectifying budgeted excesses, and making budget revisions for the 2013 Fiscal Budget. She stated that the revised budget documents were included with the 2014 Budget and reviewed by Council during the budget discussions held in October and November. She stated that Article VII, Section 22 of the City Charter allows for revised appropriations at the expiration of eight months of the audit year. She stated that the 2013 Budget would be increased a total of $357,695 and noted that most of the adjustment is due to the wage study increase that was recently implemented and pass-through grants that were administered in 2013. She noted that the 2013 Revised Budget as well as the proposed 2014 Budget has been posted on the City of Cortez web site for the public’s review. Councilmember Butler moved that Council approve on first reading Ordinance No. 1183, Series 2013, appropriating supplemental funds, rectifying budgeted excesses, and making budget revisions for the 2013 Fiscal Budget, and a public hearing be set for December 10, 2013. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes absent absent b. Ordinance No. 1184, Series 2013. Director of Finance Moss stated that Ordinance No. 1184, Series 2013, approves the annual appropriations for the fiscal year beginning January 1, 2014, and ending December 31, 2014, and sets the mill levy for said fiscal year. She stated that budget documents were submitted by department heads in August and the documents were reviewed by the City Manager and the Finance Director in September and by City Council in October and November. She stated that per the requirements of the City Charter and Statutes of the State of Colorado, a budget must be approved for the next ensuing year and a mill levy set on the assessed valuation of all taxable property within the corporate limits of Cortez. She reviewed the requirements of setting the mill levy and stated that the most restrictive of the requirements is the City Charter setting the mill levy at 1.23 mills. She stated that the total for all the funds in the 2014 Budget is $26,650,786. Discussion was held on the reserve amount set aside for a future City Hall. Director of Finance Moss stated that the 2014 Budget is balanced in that $10,397,238 in revenues supports $9,728,657 in operating expenditures. She stated that the proposed 2014 General Fund Budget results in a 2014 year-end fund balance of $4,135,936 which more than meets the minimum standard set by Council of 20% of operating expenditures ($1,945,731). She stated that staff recommends approval of Ordinance No. 1184, Series 2013, on first reading. Councilmember Archibeque moved that Council approve on first reading and set a public hearing for December 10, 2013, for Ordinance No. 1184, Series 2013, appropriating 2014 expenditures and setting the mill levy for 2014. Councilmember McLaughlin seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING NOVEMBER 26, 2013 PAGE 4 Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes absent absent c. Resolution No. 37, Series 2013. Director of Planning and Building Sackett stated that Resolution No. 37, Series 2013, approves the Madrone two-lot Minor Subdivision for property located at 502 West 7th Street. She stated that the property is .49 acres in size, or 21,266 square feet and is zoned Multi-Family Residential (R-2). She stated that the property is located on the north side of 7th Street, but is a deep lot at 275 feet in length with rear frontage along 6th Street. She stated that the applicant is proposing to split the property into two separate lots, with Lot A containing the existing home and consisting of 10,656 square feet and Lot B consisting of 10,710 square feet. She stated that both lots would have square footage well above the minimum lot size requirement of 6,000 square feet in the R-2 Zone. She stated that Land Use Code Section 6.11(a) outlines the requirements for a minor subdivision and noted that both lots would have frontage along the street. She stated that staff recommends approval through Resolution No. 37, Series 2013, with two conditions. Councilmember McLaughlin moved that Council approve the Madrone two–lot Minor Subdivision, as submitted by Myrna Cortner, through Council Resolution No. 37, Series 2013, with two conditions. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes absent absent d. Cash-in-Lieu Fee. Director of Planning and Building Sackett stated that Planning and Zoning reviewed the proposed cash-in-lieu option to granting property for public land dedication at their meeting on November 5, 2013. She stated that Section 4.05 of the Land Use Code outlines the public land dedication requirements that must be reviewed when a new subdivision is proposed within the City of Cortez. She stated that in some instances, rather than requiring a land donation, the City will require payment of a cash-in-lieu fee that will go towards maintenance of the existing parks. She stated that the per-acre fee for dedicated land is based upon the current fair market value for raw lands adjacent to the City of Cortez, utilizing an average per-acre value calculated over the previous five years. She stated that in 2013, the fee was set at $600, based on a 5-year per acre value of $11,950. She stated that the County Assessor’s office indicates that the 5-year per acre value is slightly down in 2013 at $11,652; however, staff is recommending that the cash-in-lieu fee for 2014 remain the same as 2013. Councilmember Butler moved that Council maintain the value of $12,000 per acre for the cash-in- lieu fee option to granting property for public land dedication, equating to a $600 per-acre fee. 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 e. 2013 Appointment to the Parks, Recreation, and Forestry Advisory Board. City Manager Hale stated that the Parks, Recreation, and Forestry Advisory Board for the City of Cortez consists of nine voting members and by policy all members are required to be Montezuma County residents CITY COUNCIL REGULAR MEETING NOVEMBER 26, 2013 PAGE 5 with four of the nine voting members residents of the City of Cortez. He stated that Tom Rennick sent a letter of interest to fill the open adult City of Cortez resident seat and the Parks, Recreation, and Forestry Advisory Board interviewed him on November 15, 2013, and made a favorable recommendation that he be appointed. City Manager Hale stated that Council may either choose to interview Mr. Rennick prior to making its decision or they can uphold the recommendation of the Parks, Recreation, and Forestry Advisory Board and appoint him. Councilmember Butler stated that he was present during the interview process with the Parks, Recreation, and Forestry Advisory Board and all the members of the board were impressed with Mr. Rennick and feels he would be a great addition to the board. Councilmember McLaughlin moved that Council appoint Tom Rennick to the Parks, Recreation, and Forestry Advisory Board. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes absent absent 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS a. Temporary Liquor License Permit for Elm Street Tavern. City Clerk Smith stated that an application for a Transfer of Ownership had been received for a Hotel and Restaurant Liquor License for Elm Street Tavern, located at 200 West Main Street. She stated that the request is to Transfer Ownership of Addison’s Fine Food and Libations, currently owned by Why Putt, LLC, to Paul Obletz of Jetty Incorporation, who was the previous owner of the premise. She stated that the Temporary Liquor License Permit will be issued for up to 120 days to allow the liquor license process to be completed for the Transfer of Ownership. Councilmember Archibeque moved that Council approve a Temporary Liquor License Permit for the Elm Street Tavern, located at 200 West Main Street. Councilmember Butler seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes absent absent 10. ADDITIONAL CITIZEN PARTICIPATION – None. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT – None. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Councilmember Keel stated that during the worksession an update was given by Director Laurie Knutson on the happenings of the Bridge Emergency Shelter CITY COUNCIL REGULAR MEETING NOVEMBER 26, 2013 PAGE 6 and Recycling Materials Coordinator Colby Earley gave Council an over view of the City’s recycling program. Councilmember Keel stated that an Executive Session was also held per C.R.S. Section 24-6-402(4)(3) for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators. The meeting was adjourned at 8:05 p.m. ________________________________ Ty Keel, Councilmember ATTEST: ___________________________________ Linda L. Smith, City Clerk