City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, JUNE 24, 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 Parks and Recreation Dean Palmquist, Director of Public Works Phil Johnson, Grants Administrator Chris Burkett, City Manager Shane Hale, City Clerk Linda Smith, and City Attorney Mike Green. There were five 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 June 10, 2014. b. Approval of the payment of the Expenditure Vouchers of June 24, 2014. c. Approval of a renewal Hotel and Restaurant Liquor License for Fiesta Mexicana No. 3 Inc., DBA Fiesta Mexicana Family Restaurant, located at 430 North Highway 145, Cortez. d. Approval of a renewal Hotel and Restaurant Liquor License and Outdoor Dining Agreement for Blondies Trophy Room, DBA Blondies Trophy Room located at 45 East Main Street, Cortez. e. Approval of a Special Event Permit for the Montezuma Land Conservancy to host their annual Brewfest on September 6, 2014, at Parque de Vida. Mayor Pro-tem Keel moved that Council approve the Consent Agenda as presented with the additional expenditure vouchers totaling $19,102.09. 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 a. Carpenter Natural Area. April Baisan stated that she has lived in the Cortez area for over six years and she supports the expansion of the Carpenter Natural Area. 5. PUBLIC HEARINGS a. Ordinance No. 1189, Series 2014. Mayor Sheek commented that the next two items on the agenda are Quasi-Judicial Items and she asked if any Councilmember had any contact outside the CITY COUNCIL REGULAR MEETING JUNE 24, 2014 PAGE 2 Council meeting regarding the items to recuse themselves. No response was received from any Councilmember. Mayor Sheek stated that Ordinance No. 1189, Series 2014, accepts the Annexation Plat for the expansion of the Industrial Park and Carpenter Natural Area, and provides for Industrial (I) and Open (O) zoning. Director of Planning and Building Sackett stated that Council approved Ordinance No. 1189, Series 2014, on first reading at the June 10, 2014, Council meeting and the ordinance is being presented as a public hearing and on final reading. She stated that the City is proposing to annex 81.31 acres of City-owned property, located south of County Road L, and abutting City property on the west and the south. She stated that the City is proposing to maintain 60.95 acres in Open Space as an expansion to the Carpenter Natural Area, with a proposed zoning of Open (O). She reviewed the Annexation Impact Report and stated that Planning and Zoning recommended approval of the annexation at their May 6, 2014, meeting. Mayor Sheek opened the public hearing; however, no one spoke and the public hearing was closed. Mayor Pro-tem Keel moved that Council approve on final reading Ordinance No. 1189, Series 2014, an ordinance accepting the Annexation Plat for the expansion of the Industrial Park and Carpenter Natural Area, and providing for Industrial (I) and Open (O) zoning for said property. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes No Yes Yes Yes Yes b. Resolution No. 16, Series 2014. Director of Planning and Building Sackett stated that Resolution No. 16, Series 2014, approves a Preliminary Plat of the Cortez Industrial Park and Natural Area Expansion. She stated that the City is proposing to maintain 60.95 acres in Open Space as an expansion to the Carpenter Natural Area and the remaining 20.37 acres would be subdivided into industrial lots as an expansion to the City’s Industrial Park. She stated that Phase 1 would consist of Lot 1 only, which is the location of the existing building on the site, previously utilized as an administrative office building by Four Corners Materials. She stated that Lot 1 would consist of 1.06 acres and meets the criteria for being a legal lot per the Land Use Code. She stated that the intent is to put the lot on the market for resale, after the Final Platting has taken place. She stated that Phase II would include the creation of three lots intended for industrial use. She stated that Phase III will include additional industrial lots, but is still in the planning phase regarding lots sizes. She stated that the Final Plat for Phase I would be presented to Planning and Zoning at their regular meeting on July 1, 2014, and to City Council on July 22, 2014. She spoke about the existing access to the site, which is located off of Road L, and noted that it will be expanded into a full-service City Street with a cul-de-sac near the southern portion of the subdivision. She stated that the proposed subdivision also includes a build-out of Progress Circle, which fronts the Service Center, into a street that will serve as a secondary access into the development. She reviewed the Preliminary Plat requirements as per Land Use Code Section 6.04(e), highlights of the Technical Review Memorandum, and sections of the Comprehensive Plan that support the annexation of the property. In answer to a question from Mayor Pro-tem Keel, City Manager Hale stated that the City has completed their due diligence on the property. Mayor Sheek asked when the new trails would be developed in the Carpenter Natural Area and City Manager Hale stated that volunteers would begin work on the trails this week. Mayor Sheek opened the public hearing; however, no one spoke and the public hearing was closed. CITY COUNCIL REGULAR MEETING JUNE 24, 2014 PAGE 3 Councilmember Archibeque moved that Council approve the application for a Preliminary Plat for the Cortez Industrial Park and Natural Area Expansion, as submitted by the City of Cortez, as outlined in Council Resolution No. 16, Series 2014, with two conditions of approval. 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 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Bid for Surface Water Pumps. Director of Public Works Johnson stated that the Surface Wash Pumps are part of the media filtration component of the water plant. He stated that the pumps provide scouring of the media during the backwash cycle used for filter cleaning and assist in removing built up materials as a result of gravity filtration. He stated that there are two pumps in the plant and currently one pump is out of service. He stated that the pumps are part of the original filter plant which was completed in 1959. He stated that three Request for Quotes were received providing pricing for two new pumps with rebuilt 20 HP electric motors. He stated that staff recommends that Brimhall Industrial, Inc. be awarded the bid at a bid amount of $9,510. In answer to a question from Councilmember Archibeque, Director of Public Works Johnson stated that the last pumps have exceeded their expectation of use and the new ones should last at least 40 years if they are maintained as required. Councilmember McLaughlin moved that Council award the Surface Water Pumps Bid to Brimhall Industrial, Inc. in the amount of $9,510. 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 b. 2014 Dugout Bid Acceptance. Director of Parks and Recreation Palmquist stated that staff has been working with the Southwest Colorado Youth Baseball Organization (local Little League Chapter) to complete the dugout phase of the Parque de Vida Rotary Ball Field Project. He stated that currently, the north ball field in the complex has concrete pads with no dugouts and presents a safety issue to the ball players and coaches using the north field with the prospect of foul balls from the adjacent ball field. He stated that only one bid was received in the spring and staff sought to re-bid the dugout project later in the year hoping to receive more bidders. He stated that bids were submitted on June 18, 2014, and five bids were received. He stated that the low bidder was Mountain View builders at a bid amount of $21,337. He stated that reference checks on the business were positive. He stated that the bid is $5,000 over budget; however, Parks and Recreation has funds that was allocated to cover seasonal employee health insurance benefits that are no longer required. In answer to a question from Councilmember Archibeque, Director of Parks and Recreation Palmquist stated that the project would be completed late summer. CITY COUNCIL REGULAR MEETING JUNE 24, 2014 PAGE 4 Mayor Pro-tem Keel moved that Council award the 2014 Dugout Bid to Mountain View Builders at the bid amount of $21,337 for the Parque de Vida Rotary Ball Field. 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. Independent Contractor Agreement with Moss Consulting LLC. City Manager Hale stated that staff is recommending that the agreement be tabled as Rocky Moss is trying to obtain insurance as required in the agreement. He stated that the agreement would be presented to Council when the insurance issue has been resolved. Councilmember Price moved that Council table approval of the Independent Contractor Agreement with Moss Consulting, LLC, for the purpose of acting as Project Coordinator for the Cortez Heart & Soul Project. 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 d. New Hotel and Restaurant Liquor License for Once Upon a Sandwich. City Attorney Green stated that Once Upon a Sandwich has applied for a new Hotel and Restaurant Liquor License and, as required by State Statutes, Council must set a public hearing and neighborhood boundaries for review of the license request. Councilmember Lucero moved that Council set a public hearing date for July 22, 2014, for review of a new Hotel and Restaurant Liquor License for Once Upon LLC, DBA Once Upon a Sandwich, located at 7 West Main Street, and the neighborhood boundaries set as the City limits. 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 e. Hospice of Montezuma Request. Grants Administrator Burkett stated that Hospice of Montezuma, Inc. and Home Care Services are a local 501c3 and have been in operation in Cortez and Montezuma County for many years. He stated that they wish to be included in the State of Colorado’s Enterprise Zone so that donations made to their non-profit can receive State tax credits allowing a higher deduction to their benefactors. He stated that the State of Colorado allows 501c3 organizations to apply for the Enterprise Zone status if they meet one of the criteria which includes economic development, homelessness, and areas of health care. He stated that Region 9 believes that Hospice of Montezuma, Inc. and their Home Care Services meet the qualifications. He stated that Hospice is asking for a letter of support from the City of Cortez for their application. Wendy Weygandt, Executive Director, spoke about the Hospice program and noted that several programs are not covered through Medicaid funding. She stated that the donation base is very important to Hospice and the community is very supportive. Mayor Sheek commented on how important the Hospice program is to the community and Ms. Weygandt commented that the Hospice staff is very dedicated. Grants Administrator Burkett noted that support for the local businesses and non-profit CITY COUNCIL REGULAR MEETING JUNE 24, 2014 PAGE 5 organizations helps everyone be successful. Councilmember Archibeque moved that Council authorize the Mayor to sign a Letter of Support for Hospice of Montezuma, Inc. and Home Care Services to be designated as an Enterprise Zone Project. 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 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. 10. ADDITIONAL CITIZEN PARTICIPATION a. Water Issues. Galen Larson presented Council with a letter requesting Council’s support of the Dolores River Valley Plan and the TDR system. Mr. Larson spoke about how precious water is to everyone and noted that the Dolores River Plan was adopted many years ago for the betterment of the whole community. Mayor Sheek noted that Council is aware of the concerns regarding the Dolores River Valley Plan and staff representatives are working together with other entities regarding the issues. 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 a citizen presentation on the Dolores River Valley Plan, introduction of Cortez Sanitation District Board members and District Manager, and an update was given on the Bridge Emergency Shelter. She stated that discussion was also held on County/City roads and the current status of discussions regarding Great Lakes Airlines. Mayor Sheek stated that a proclamation would be signed on Thursday, June 26, 2014, at City Hall proclaiming July as Independent Retailer Month. She invited all of Council to attend the signing. b. Parks, Recreation, and Forestry Advisory Board. Councilmember Butler stated that the Parks, Recreation, and Forestry Advisory Board met on June 20, 2014, at Centennial Park and discussed the parking area adjacent to Mildred Avenue and the restrooms that are located in the park. He stated that the parking area will be budgeted for re-paving in 2015 and a future capital project will include the replacement of the bathrooms. The regular meeting was adjourned at 8:20 p.m. ________________________________ Karen W. Sheek, Mayor CITY COUNCIL REGULAR MEETING JUNE 24, 2014 PAGE 6 ATTEST: ___________________________________ Linda L. Smith, City Clerk