City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, MAY 27, 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 Karen Sheek, Bob Archibeque, Tom Butler, Mayor Pro-tem Ty Keel, Orly Lucero, Shawna McLaughlin and Jim Price. Staff members present were Chief of Police Roy Lane, Director of Planning and Building Kirsten Sackett, Director of Finance Kathi Moss, City Manager Shane Hale, City Clerk Linda Smith, and City Attorney Mike Green. There were seven 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 May 13, 2014. b. Approval of the payment of the Expenditure Vouchers of May 27, 2014. c. Approval of a renewal Hotel and Restaurant Liquor License for Rosita Inc., Tequila’s, located at 1740 East Main Street, Cortez. d. Approval of a renewal 3.2% Beer Off Premises Liquor License for Stokley Corp., DBA Handy Mart South, located at 806 ½ South Broadway, Cortez. e. Approval of a renewal Hotel and Restaurant Liquor License for Mr. Happy’s Bakery and Café, DBA Mr. Happy’s Bakery and Café, located at 125 East Main Street, Cortez. f. Approval of a Tastings Permit for West Slope Liquors Inc., DBA West Slope Liquors, located at 2212 East Main Street, to host tastings in 2014. g. Approval of the continuation of a public hearing for a new 3.2% Beer Off Premises Liquor License for Maverik, DBA Maverick Store No. 497, to be located at 455 State Street, to July 22, 2014. Mayor Pro-tem Keel moved that Council approve the Consent Agenda as presented with the additional expenditure vouchers totaling $266,726.02. 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 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS CITY COUNCIL REGULAR MEETING MAY 27, 2014 PAGE 2 a. Resolution No. 13, Series 2014. Director of Planning and Building Sackett stated that Resolution No. 13, Series 2014, approves a Conditional Use Permit to convert an existing garage into an Accessory Dwelling Unit (ADU) on property located at 630 East 4th Street, as requested by property owner Sally Tompkins. She stated that the property is located in the Residential Single- Family (R-1) Zoning District which allows an ADU with an approved Conditional Use Permit. She stated that the property is 8,250 square feet in size, and the existing home is approximately 1,400 square feet with the existing garage at 600 square feet. She stated that the garage is located at the rear of the yard with access available from the alley. She stated that the sketch plan submitted by the applicant depicts a living area, kitchen, and bathroom which is in keeping with the minimum requirements for the definition of a living unit. She stated that the Planning and Zoning Commission reviewed the application at their regular meeting on May 6, 2014, and unanimously recommended approval. Director of Planning and Building Sackett reviewed Land Use Code Section 3.05(b)(22) regarding the requirements for an Accessory Dwelling Unit as well as the requirements for a Conditional Use Permit. She stated that a separate water and sewer tap would be required for the ADU and a second address would be assigned to the second unit. She stated that staff recommends approval of the Conditional Use Permit to covert an existing garage into an Accessory Dwelling Unit on property located at 630 East 4th Street with three conditions of approval. City Manager Hale stated that the request is a Quasi-Judicial item as Council is applying rules for one specific property. Mayor Sheek asked if any Councilmember had any contact outside the Council meeting regarding this request; however, there was no response from any Councilmember. Mayor Sheek stated that she is pleased the City is working with residents on allowing accessory dwellings as it is important to have family take care of family. She opened the public hearing; however, no one spoke and the public hearing was closed. Councilmember Archibeque moved that Council approve Resolution No. 13, Series 2014, with three conditions, approving a Conditional Use Permit to convert an existing garage into an Accessory Dwelling Unit on property located at 630 East 4th Street, as requested by Sally Tompkins. 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 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Ordinance No. 1190, Series 2014. City Attorney Green stated that Ordinance No. 1190, Series 2014, extends the moratorium for licensing of retail marijuana until December 31, 2014. He stated that Council has said they would host a workshop on June 10, 2014, to further discuss the direction that will be taken regarding retail marijuana; however, the current moratorium expires June 30, 2014, and Ordinance No. 1190, Series 2014, would extend the moratorium to the end of December 2014. Mayor Pro-tem Keel noted that final approval of the ordinance would follow the June 10, 2014, workshop and City Manager Hale stated that if Council wants to amend the ordinance on the second reading, they could; however, the ordinance is just allowing time for Council to make decisions on where retail marijuana is going and to allow staff time to make that implementation. City Attorney Green stated that the time frame would allow Council ample time to place the CITY COUNCIL REGULAR MEETING MAY 27, 2014 PAGE 3 measure on the ballot, and then to implement the results from the election if that is the direction Council takes. City Manager Hale noted that if Council chooses to have the question on the November 2014 ballot, the City would need to inform the County Clerk by July 15, 2014. He stated that staff would present as much information as possible at the June 10, 2014, workshop so that Council feels they can make an informed decision on how to proceed. Councilmember McLaughlin moved that Council approve on first reading Ordinance No. 1190, Series 2014, extending the moratorium for licensing retail marijuana until December 31, 2014, and set a public hearing for June 10, 2014. 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 b. Annual Self Insured Health Fund Administrator Contract and Stop-Loss Carrier. Director of Finance Moss stated that on June 1st of each year the City’s contract for the administration of the employee’s health insurance is renewed. She stated that in April, Wells Fargo receives quotes for the City’s administrator of the plan and the quotes are ordinarily based on the prior year’s claim experience. She reviewed the two quotes which were received and noted that Summit offered the lowest quote. She stated that because the quotes came in so low, the saving allowed the City to add to the current policy a rider that would allow a transplant operation at a cost of $3,000. Director of Finance Moss explained what a ‘lasered employee’ consists of and the process of budgeting for insurance claims each year. She spoke about increasing the self-insured health fund so a fund balance is available in case there is a catastrophic illness which would need to be covered in the future. City Manager Hale stated that every year the City receives an estimate from the insurance company based on past utilization; however, staff recommends that the City operate with the amount budgeted as there could be claims that come in that would take the self-insured health fund over the balance. In answer to a question from Mayor Pro-tem Keel, discussion was held regarding the self-insured health fund balance and City Manager Hale stated that he would like the fund to be able to stand on its own. Councilmember Archibeque asked if the wellness program has contributed to the lower insurance claims and City Manager Hale stated that the wellness program for the employees began in 1993 and that it has been a good investment and is a contributing factor in health savings. In answer to a question from Mayor Sheek, City Manager Hale stated that he was not sure if sick days have been less over the years or not. City Manager Hale stated that the purchase of discounted passes to the Recreation Center has increased with the discounted fee that is now offered to employees. Councilmember Price moved that Council approve the contract between Summit and the City of Cortez for administration of the City’s Self Insurance and the contract between IHC Risk Solutions for the City’s stop-loss coverage. 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 CITY COUNCIL REGULAR MEETING MAY 27, 2014 PAGE 4 c. Sanchez Easement. City Attorney Green stated that several years ago Billy Sanchez was granted an easement for a water line to their building which is located on City property near the Gun Club. He stated that the Sanitation District has required the Sanchez’s to hook into a sewer line which will require an easement from the City; however, due to the improved water line to the Gun Club, the Sanchez’s no longer need a Water Line Easement and would therefore be changing the water line easement to a sewer line easement. He stated that after speaking with Mr. Sanchez, it was expressed that a telephone line is also located in the current water line easement. Councilmember Lucero noted that the easement agreement would need to be changed to state it is a Sewer and Telephone Service Line Easement. Billy Sanchez stated that he had originally applied for a utility easement; however, an agreement was only approved for a water service line. He stated that he would like the easement to allow for all utilities. City Attorney Green stated that the first request was only for a water line as no other utility was needed for the easement. He stated that if Council would like to grant a utility easement for the Sanchez’s, he would need to check with staff to be sure that the easement would not cause any problems for the Gun Club property that is owned by the City. Mr. Sanchez stated that he did not have an issue with waiting until the next Council meeting to allow staff time to research the request further. Councilmember Lucero moved that Council table the easement agreement with the Sanchezes until the June 10, 2014, Council meeting. 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 d. Memorandum of Understanding (MOU) with Montezuma County Regarding the Transfer of Ownership of the Mobile Stage. City Manager Hale stated that the City currently owns a mobile stage that is used for special events; however, the vast majority of the time it is kept at the fairgrounds and used for their many special events. He stated that the City will continue to use the stage for the Parade of Lights and the High School graduation; however, the City would like to transfer ownership of the stage to the County which would ensure that the stage is kept indoors throughout the year, extending the life for many years. He stated that the City has retained the right to continue to utilize the stage at no charge for our historical needs. Councilmember Archibeque moved that Council authorize Mayor Sheek to sign the MOU between the City of Cortez and the County of Montezuma transferring ownership of the mobile stage. 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 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. 10. ADDITIONAL CITIZEN PARTICIPATION – None. CITY COUNCIL REGULAR MEETING MAY 27, 2014 PAGE 5 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT – None. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that discussion during the worksession included introduction of five new Police Department employees and Tami Tanoue, General Counsel/Claims Manager for CIRSA presented information to Council on their stewardship role and what Council can do to reduce the risks of liability. b. Mesa Verde Tourism Board. Councilmember McLaughlin stated that a rough draft of the new website was reviewed as well as the new Travel Planner at the May 20, 2014, meeting. She stated that Ignacio Martinez, General Manager at the Best Western Turquoise, was appointed to replace Bruce Lightenburger as the City Lodger’s representative and Brian Bartlet, Manager for the Baymont Inn, was appointed as an alternate for Sue Scott who serves as the County Lodger’s representative. c. New Library Director. Mayor Sheek encouraged Council to stop by the Library and meet the new Director, Eric Ikenouye. The regular meeting was adjourned at 8:35 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk