City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, APRIL 22, 2014 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, Ty Keel, Mayor Pro-tem Matt Keefauver, Shawna McLaughlin, and Karen Sheek. Also present were Council-elect Orly Lucero and Jim Price. Staff members present were Chief of Police Roy Lane, Airport Manager Russ Machen, Planning and Building Director Kirsten Sackett, City Manager Shane Hale, City Clerk Linda Smith, and City Attorney Mike Green. There were 26 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 April 8, 2014. b. Approval of the payment of the Expenditure Vouchers of April 22, 2014. c. Approval of a renewal Hotel and Restaurant Liquor License and Change in Corporation for BMCJ Inc., DBA Stonefish and Sushi and More, located at 16 West Main Street , Cortez. Councilmember Keel moved that Council approve the Consent Agenda as presented with the additional expenditure vouchers totaling $49,620.65. 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. COUNCIL ITEMS a. Thank You to Outgoing Councilmembers Mayor Dan Porter and Mayor Pro-tem Matt Keefauver. City Manager Hale presented plaques to Dan Porter and Matt Keefauver thanking them for their eight years of service to the City of Cortez. b. Swear in Newly-Elected Councilmembers Bob Archibeque, Shawna McLaughlin, Orly Lucero, and Jim Price. Bob Archibeque, Shawna McLaughlin, Orly Lucero, and Jim Price took their oath of office as Councilmembers. c. Nominations for Mayor. City Manager Hale explained the process that Council had agreed upon for receiving nominations for Mayor and Mayor Pro-tem. Councilmember Keel moved that Council adopt the following procedures to elect the vacant Mayor and Mayor Pro-tem positions: nominations will be taken from the floor, after nominations are closed each Councilmember will vote by secret ballot and the clerk shall tally and read out loud the votes cast. He continued, if no one receives a majority of votes, the process shall be repeated until a majority of votes is received. Councilmember Sheek seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING APRIL 22, 2014 PAGE 2 Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes Yes Yes Yes The floor was then opened for nominations. Councilmember Keel nominated Orly Lucero and Councilmember McLaughlin nominated Karen Sheek. No other nominations were received and the vote was completed by ballot with four votes received for Karen Sheek and three votes for Orly Lucero. Karen Sheek received the majority of votes and therefore will serve as Mayor through April 2016. d. Nominations for Mayor Pro-tem. Nominations were received for Mayor Pro-tem with Councilmember Archibeque nominating Ty Keel, Councilmember Price nominated Orly Lucero, and Councilmember Sheek nominated Shawna McLaughlin. Councilmember Lucero declined the nomination for Mayor Pro-tem. No other nominations were received and the vote completed by ballot was four votes for Ty Keel and three votes for Shawna McLaughlin. Ty Keel received the majority of votes and therefore will serve as Mayor Pro-tem through April 2016. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS a. Resolution No. 10, Series 2014. Director of Planning and Building Sackett stated that an application for a conditional use permit was received from Jeanette Risenhoover to convert an existing garage into an accessory dwelling unit (ADU) on property located at 506 North Sligo Street. She stated that the property is 11,760 square feet and the existing home is approximately 1,500 square feet. She stated that the existing garage is 672 square feet and would be converted into a “mother-in-law” apartment that would consist of a living room, kitchen, bedroom, and bathroom. She reviewed the Schedule of Use Regulations and noted that the proposed use is allowed with the approval of a Conditional Use Permit. Director of Planning and Building Sackett reviewed the regulations for an ADU from Section 3.05(b)(22) of the Land Use Code and stated that the proposal conforms to the requirements and does not exceed the allowable density for the lot. She reviewed the comments received from the affected agencies, districts, and departments, and in answer to a question from Mayor Sheek, Director of Planning and Building Sackett stated that the Planning and Building Department will work with the applicants regarding the footing and stem wall for the unit. She stated that a separate water tap will be required. Director of Planning and Building Sackett stated that staff recommends approval of Resolution No. 10, Series 2014, with three conditions. Mayor Sheek opened the public hearing. Barney Carter, son-in-law to Ms. Risenhoover stated that he will be moving into the accessory dwelling so that he and his wife can help take care of her mother and also keep the property up. No one else spoke and the public hearing was closed. Councilmember Archibeque moved that Council approve the application for a conditional use permit to convert an existing garage into an Accessory Dwelling Unit on property located at 506 North Sligo Street, as submitted by Jeanette Risenhoover, and outlined in Council Resolution No. 10, Series 2014, with three conditions of approval. Councilmember Lucero seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING APRIL 22, 2014 PAGE 3 Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes b. Resolution No. 11, Series 2014. Director of Planning and Building Sackett stated that an application was received from Dora Rote to install a 400 square foot Airstream catering trailer on property located at 1401 East Main Street. She stated that the property is zoned Commercial Highway (C) and the existing business on the property is Duncan’s Upholstery Shop. She stated that the proposal is to install the trailer on an unpaved section in the northwest corner of the property, as an accessory use to the upholstery business. She stated that Ms. Rote would like to provide picnic-style food that is prepared with locally-grown produce on a take-out basis only, as no seating would be provided on site. Director of Planning and Building Sackett stated that the proposed hours of operation would be 9:00 a.m. to 4:00 p.m. She stated that the property consists of 10,545 square feet and the existing store is approximately 1,400 square feet for lot coverage of 13%. She stated that the 400 square foot trailer would increase the lot coverage to 17% which is well below the maximum. She stated that the applicant was given the option to apply for a transient vendor license which would require the trailer to be moved off the property each day or to apply for a site development plan which makes the use more permanent. She stated that the applicant has chosen to apply for the site development plan which requires the applicant to meet the requirements of Section 6.14 of the Land Use Code. She stated that the parking requirements have been met and there will be 260 square foot of landscaping required for the applicant. She reviewed comments received from the City departments, affected agencies, and utility providers and noted that the trailer would be required to have a separate water and sewer tap. She stated that Ms. Rote has requesting that the City Council consider waiving the water tap fee; however, staff is maintaining that the water tap fee be charged to the applicant as the City currently requires that each separate business have their own water tap. She stated that she has spoken with Duncan’s Upholstery about using their bathroom to meet the restroom requirements. She stated that staff is recommending approval with eight conditions included in Resolution No. 11, Series 2014. Director of Planning and Building Sackett stated that if Council waives the water tap fee, a separate motion would need to be made following the motion for Resolution No. 11, Series 2014. City Attorney Green spoke about the reason for requiring a separate water tap for each business and the need to stay consistent with all businesses as the requirement denotes permanency. Discussion was held about the different types of mobile uses that have been requested over the past few years and Director of Planning and Building Sackett stated that Planning and Zoning will be reviewing new regulations on how to better regulate the variety of uses. In answer to a question from Councilmember Archibeque, Director of Planning and Building Sackett stated that the applicant has to meet all the conditions of the resolution prior to being issued a Certificate of Occupancy and opening her business. Mayor Sheek opened the public hearing. Dora Rote, 8455 Road 25, stated that she does not own the property and would not own the water tap if she were to purchase one as the tap would stay with the property. She stated that she has a lease for a year and the purchase of the water tap would be difficult with all the other set up fees required. She asked if a special exception could be made by waiving the water tap fee for a year to see how her business does. In answer to a question from Ms. Rote, City Attorney Green stated that the request is for an additional business to be located on the property and it has been policy that each business in the community is required to have their own water tap. City Manager Hale spoke about past experiences with allowing mobile type vendors throughout the community. He stated CITY COUNCIL REGULAR MEETING APRIL 22, 2014 PAGE 4 that there needs to be consistency in how the City handles the water tap requirement. Ms. Rote stated that the Airstream is a mobile restaurant that she purchased from a person in Durango and she feels the idea is a good concept and she would employee two or three people and offer a healthy farm to table menu. She stated that if she is successful with her small business, she may be able to move to a building someday. No one else spoke, and the public hearing was closed. Councilmember McLaughlin moved that Council approve the installation of a 400 square foot Airstream catering trailer on property addressed as 1401 East Main Street, as submitted by agent Dora Rote, for property owners James and Deana Wilson, through Council Resolution No. 11, Series 2014, with eight conditions. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes No motion was received on waiving the water tap fee. c. Resolution No. 12, Series 2014. Director of Planning and Building Sackett stated that an application was received for a site development plan to construct a Family Dollar Store on vacant property currently owned by Black Oil Company, Inc. She stated that the property consists of four separate tracts of property, totaling 1.82 acres in size and the proposed retail store is 8,300 square feet, which would equate to approximately 10% lot coverage. She stated that the parking requirements have been met and two accesses are currently shown on the property, one from Third Street and one from South Broadway. She stated that the applicant will be consolidating the four tracts into two new lots, one of which would be located between the Family Dollar parcel and the Sonic Drive-in property. She stated that Planning and Zoning recommended approval of the proposed Site Development Plan at their meeting on April 1, 2014. She stated that the business is a permitted use in the Commercial Highway (C) Zone and she reviewed the requirements for landscaping the property which has not been finalized by the Parks and Recreation Department. She reviewed comments received from City departments, affected agencies, and utility providers and stated that the Colorado Department of Transportation (CDOT) may stipulate additional requirements which the applicant would have to comply with prior to the issuance of their Certificate of Occupancy. She reviewed goals and objectives found in the Comprehensive Plan and stated that staff recommends approval of Resolution No. 12, Series 2014, with eight conditions. Discussion was held regarding the intersection at Third Street and Broadway and Mayor Pro-tem Keel asked if a stop sign may be required in the parking lot to help with traffic onto Third Street. Director of Planning and Building Sackett stated that she was not sure what would be required by CDOT as they have not made their final comments; however, the applicant would have to meet all their requirements. Director of Planning and Building Sackett noted that a resident from Canyon Drive spoke at the Planning and Zoning meeting about the busy intersection on South Broadway and staff will meet with CDOT about their concerns. Discussion was held on the landscaping proposed by the applicant and City Manager Hale commented that City Council has recently approved the landscaping of the South Broadway medians, which will be a great improvement for the area, and it is important that any new businesses meet the landscaping requirements to help enhance the City’s investment. Director of Planning and Building Sackett noted that the requirements are already included in the City codes; however, the resolution helps point out the CITY COUNCIL REGULAR MEETING APRIL 22, 2014 PAGE 5 requirements so the applicant knows the priorities that have to be completed prior to the Certificate of Occupancy being issued. Mayor Sheek opened the public hearing. Dee Barlow, with Leading Tech Development representing the Family Dollar Store, stated that the store is similar to the Walgreen’s look with a nice appearance. He commented on how well City staff has worked with them through the process and that they would complete whatever the City requires. He stated that a revised site plan was recently submitted to CDOT and discussion is continuing with the Parks and Recreation Department on landscaping. In answer to a question from Mayor Sheek, Mr. Barlow stated that the store would take approximately 120 days to construct and an additional 45 days to stock the store prior to opening. He stated that the store is typically open 9:00 a.m. to 9:00 p.m. which should help with traffic flow in the morning but may be more an issue in the evening. No one else spoke and the public hearing was closed. Discussion was held about possibly tabling approval of the application to allow more information to be obtained; however, staff confirmed that the conditions in the resolution outline the requirements that the applicant must meet prior to occupying the building. Councilmember Archibeque moved that the site development plan for the construction of a Family Dollar Store, on vacant property located at approximately 420 South Broadway, at the southeast corner of the intersection of South Broadway and Third Street, as submitted by agent Leading Tech Development for property owner Black Oil Company, Inc., through Council Resolution No. 12, Series 2014, with eight conditions. Councilmember Butler seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Hangar Lease for Airport. Airport Manager Machen stated that Skanska/Nielson’s has had a hanger lease for aircraft storage since March 10, 2002; however, they have recently sold their aircraft and have notified the City that they would no longer need their hangar as of May 1, thus activating their lease provision for a 60 day notice of vacancy. He stated that the Airport advertised to receive bids for a 20-year lease for the hangar and two bids were received. He stated that Brian Lyons/Mickey Rule bid $376 per month and Donald Lloyd bid $352 per month. He stated that Skanska was paying $276.60 per month for the hangar lease and with the approval of the bid to Lyons/Rule, the Airport would receive an increase of $1,192.80 per year. Airport Manager Machen stated that Mr. Lyon and Mr. Rule each have a plane which the hangar would be able to accommodate as the Skanska plane was a larger aircraft. He stated that staff recommends awarding the 20-year Airport Hangar Lease for Hanger No. 2, to Mickey Rule and Brian Lyons at $376 a month. In answer to a question from City Attorney Green, Airport Manager Machen stated that the current insurance coverage was for a more expensive aircraft and should be plenty to cover the two smaller planes. CITY COUNCIL REGULAR MEETING APRIL 22, 2014 PAGE 6 Mayor Pro-tem Keel moved that Council award a 20-year Airport Hangar Lease for Hangar No. 2 to Mickey Rule and Brian Lyons. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes b. Independent Contractor Agreement with Chris Burkett. City Manager Hale stated that recently the City was notified by our insurance carrier, CIRSA, that all contract employees must carry C omprehensive General Liability Insurance. He stated that it is easy to incorporate into new agreements the insurance charge; however, it is a bit unfair to ask current contract employees to bear the brunt of the change on their own. He stated that Mr. Burkett has been under contract for over two years and it was agreed that the most equitable way to handle the change is to split the cost in half between the City and Mr. Burkett. City Manager Hale stated that Mr. Burkett has purchased the insurance policy at approximately $500 a year and therefore staff is recommending that Mr. Burkett’s hourly rate be changed to $39.34 per hour to cover the increased insurance requirement. Councilmember McLaughlin moved that Council authorize the City Manager to sign a new Independent Contractor Agreement with Chris Burkett that includes the new insurance requirement as well as a new hourly rate of $39.34 an hour. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes c. Ordinance No 1187, Series 2014. City Attorney Green stated that Ordinance No. 1187, Series 2014, amends Chapter 18: Offenses-Miscellaneous, of the Cortez City Code, adding Section 18-60 regarding unauthorized dumping in trash receptacles and dumpsters. He stated that recently staff became aware of a problem created by unauthorized persons dumping their trash in City dumpsters, especially the dumpsters that were located in the City park which have now been removed. He stated that language has been created to make it an offense for someone other than the person paying for the dumpster to place anything in a dumpster. He stated that staff is recommending that Council adopt Ordinance No. 1187, Series 2014, on first reading and set for public hearing on May 13, 2014. City Manager Hale spoke about the funding of the Refuse account and stated that unauthorized dumping results in increased haulage to the land fill which in turn causes increased tipping costs to the City. He stated that staff is more alert to watching for license plates for people that are dumping their trash in someone’s dumpster and on the first violation the Chief of Police will send a letter letting the person know that it is a violation if they continue to dump in an un- authorized dumpster. Discussion was held on what the penalties would be if someone continues to violate the regulation. City Manager Hale stated that the dumpster at the Service Center will be provided when the RV station is re-opened and dumpsters are always provided when there are special events being held in the park. Discussion was held on trash and weed problems and how the issues are handled by the Code Enforcement Officer. Councilmember Price moved that Council approve Ordinance No. 1187, Series 2014, on first reading, an ordinance amending Chapter 18 of the Cortez City Code making it a crime for CITY COUNCIL REGULAR MEETING APRIL 22, 2014 PAGE 7 unauthorized dumping in trash receptacles/dumpsters within the City of Cortez, and setting a public hearing and second reading for May 13, 2014. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes d. Ordinance No. 1188, Series 2014. City Manager Hale stated that Ordinance No. 1188, Series 2014, amends Chapter 16, Motor Vehicles and Traffic of the Cortez City Code, to add Section 16- 25 prohibiting the use of a retarder, on any truck, bus, automobile, or any other motor vehicle within the City of Cortez. He stated that Council recently discussed the use of “jake brakes” in the City limits, and the disturbance that this causes to residential neighborhoods and commercial businesses. He stated that Council directed staff to research what steps could be taken to post the City with signs that prohibit the jake brake use. He stated that after speaking with CDOT about the issue, they advised that they would post the City with signage regarding the prohibition of jake brakes, if the City has prohibited the use by ordinance. He stated that it would be difficult to enforce the ordinance as a police officer would have to hear the use of the jake brakes to write a ticket; however, staff believes that the act of posting the City with the signs may diminish their use dramatically. He stated that staff recommends Council approve Ordinance No. 1188, Series 2014, on first reading and set for public hearing on May 13, 2014. Councilmember Archibeque moved that Council approve Ordinance No. 1188, Series 2014, on first reading, an ordinance amending Chapter 16, Motor Vehicles and Traffic, by prohibiting the use of a retarder on any truck, bus, automobile, or any other vehicle within the City of Cortez, and set for second reading on May 13, 2014. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes e. Letter of Support for Grant for Paths to Mesa Verde. City Manager Hale stated that Council has been briefed several times on the efforts underway to secure funding for the Paths to Mesa Verde trail. He stated that the $900,000 TIGER grant request is moving forward to the State of Colorado; therefore, the City Council would need to authorize the Mayor to sign a letter of support for the grant application and approve the pledge amount. He stated that CDOT has pledged $100,000 for a grant match, and the final $100,000 match is being proposed to be split between Montezuma County ($40,000), Town of Mancos ($20,000), and the City of Cortez ($40,000). He stated that a formal presentation on the trail would be held at the Recreation Center on April 23, 2014, from 7:00 p.m. to 9:00 p.m., to receive public input on the trail, which will including what kind of uses will be allowed on the trail as well as what kind of surface will be installed. Councilmember McLaughlin moved to authorize the Mayor to sign the letter of support for the Paths to Mesa Verde 2014 TIGER Grant application, pledging $40,000 towards this effort as a local match if approved. Councilmember Butler seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek CITY COUNCIL REGULAR MEETING APRIL 22, 2014 PAGE 8 Yes Yes Yes Yes Yes Yes Yes f. Letter to Representatives regarding FAA Funding. City Manager Hale stated that Council was recently briefed regarding the cancelation of flights out of Cortez and it was suggested that a draft letter be sent to our Colorado Congressional Delegation regarding the Council’s concerns on the new FAA (Federal Aviation Administration) rules. In answer to a question from Mayor Sheek, City Manager Hale stated that staff would also contact the local representative’s staff by phone to make sure the information is received. Councilmember Archibeque moved that Council authorize the Mayor to sign a letter to our Federal Representatives regarding the FAA rules that have resulted in the cancellation of flights out of Cortez. Councilmember Price seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes g. Modification of Premises for Medicine Man. City Attorney Green stated that a Modification of Premises application was received from Medicine Man which is located at 310 East Main Street. He stated that the Modification of Premises must be approved by the local licensing authority prior to the owners moving forward on construction in the building. City Manager Hale stated that Medicine Man has not been operating for almost a year and recently they were issued a building permit to being re-construction in their building; however, the State requires the Modification of Premises be approved prior to any work beginning. City Attorney Green stated that staff recommends that Council approve the Modification of Premises application so the applicants can begin refurbishing the building and making it safe. Councilmember McLaughlin moved that Council approve the Modification of Premises for Medicine Man LLC, located at 310 East Main Street. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes h. Appointment of Danny Giannone to the Planning and Zoning Commission. Mayor Sheek noted that Danny Giannone has applied for the seat that has been recently vacated on the Planning and Zoning Commission due to the election of Orly Lucero to City Council. Councilmember McLaughlin stated that Danny Giannone is one of her associates at the bank and she feels he would be a great addition to the Planning and Zoning Commission. She noted he is hard working, self motivated and very detailed. Mr. Giannone introduced himself to Council and thanked Council for their service to the community. He thanked Council for considering him for the position on Planning and Zoning. Councilmember McLaughlin moved that Danny Giannone be appointed to the Planning and Zoning Commission for a three-year term. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek CITY COUNCIL REGULAR MEETING APRIL 22, 2014 PAGE 9 Yes Yes Yes Yes Yes Yes Yes 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. 10. ADDITIONAL CITIZEN PARTICIPATION – None. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT a. Clean-Up Day begins on May 10, 2014. City Manager Hale noted that a lot of other events will be held on May 10, 2014; however, the City will be hosting a Clean-Up Day that will lead into Clean-Up week which will be held from May 12-17, 2014. He invited the community to meet in Parque de Vida at 9:00 a.m., on May 10, 2014, if they want to participate in the Clean-Up Day and a barbeque will follow in the park at 11:30 a.m. He noted that if any Councilmembers would like to help grill food for the barbeque to let him know. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that discussion during the worksession included an update on “We’re In This Together” program, and Katy Phillips, the new Assistant City Engineer was introduced. Mayor Sheek stated that plans for the Cortez Cultural Center’s future were reviewed and discussion was held on the Dolores River Plan regarding water quality issues. Mayor Sheek thanked Council for their support as she begins her position as Mayor and Mayor Pro- tem Keel also thanked Council for their vote of confidence. b. Parks, Recreation, and Forestry Advisory Board Meeting. Councilmember Butler stated that Paul Adams, employee of Kokopelli Bike Shop, meet with the Parks, Recreation, and Forestry Advisory Board on Friday, April 18, 2014, at the Carpenter Nature Trail. He stated that the board walked a trail that has been flagged for mountain biking and hiking. City Manager Hale stated that the new trails will connect to the newly purchased Four Corners property and that an update on the plans for building the trails will be given to Council at a workshop in May. The meeting was adjourned at 9:50 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk