City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, AUGUST 12, 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, Mayor Pro-tem Ty Keel, Orly Lucero, Shawna McLaughlin and Jim Price. Councilmember Tom Butler was absent representing the City of Cortez at an Orton Family Foundation meeting. Staff members present were Patrol Lieutenant Andy Brock, Detective Lieutenant Jim Kingery, Detective Tom Quinnett, Building Official Sam Proffer, Fire/Building Inspector Sean Canada, Director of General Services Rick Smith, Director of Public Works Phil Johnson, Director of Parks and Recreation Dean Palmquist, City Manager Shane Hale, City Clerk Linda Smith, and City Attorney Mike Green. There were approximately 32 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 July 22, 2014. b. Approval of the payment of the revised Expenditure Vouchers of August 12, 2014. c. Approval of a renewal Hotel and Restaurant Liquor License for Rising Sol LLC, DBA Sol Pizzaria, located at 2 West Main Street, Cortez. d. Approval of a renewal Medical Marijuana Center/On Site Optional Premises Cultivation License for David Krzysztofiak LLC, DBA The Herbal Alternative, located at 1531 Lebanon Road, Cortez. e. Approval of two Special Event Permits for Special Olympics Colorado to host a fundraiser on August 30, 2014, in Parque de Vida. Mayor Pro-tem Keel moved that Council approve the Consent Agenda as presented with the additional expenditure vouchers totaling $61,957.63. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes absent Yes Yes Yes Yes Yes 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION - None. 5. PUBLIC HEARINGS a. Change of Location for La Casita De Cortez. Mayor Sheek reminded Council that the Change of Location application is a Quasi-Judicial item and if anyone has spoken about the item prior to the Council meeting, that they disclose their contact; however, no Councilmember spoke. City CITY COUNCIL REGULAR MEETING AUGUST 12, 2014 PAGE 2 Attorney Green stated that the application has been reviewed and appears to be complete. Patrol Lieutenant Brock was sworn in and presented the report concerning the investigation of a Change of Location on a Hotel and Restaurant Liquor License for La Casita De Cortez, DBA La Casita De Cortez, currently located at 17 North Harrison, proposing to relocate to 332 East Main Street. He stated that public notice was given by posting a sign on the property on July 9, 2014, and notice was also placed in the Cortez Journal on August 1, 2014. He stated that the poll of the surrounding neighborhood shows that 59 people were in favor of granting the license, 1 was against granting the license, and 3 were neutral and did not wish to express an opinion. He stated that the location complies with the Colorado Liquor Code Rules and Regulations and the location does not create any known public safety or endanger public health. He submitted the report for the record and stated that the report was signed by Chief of Police Roy C. Lane. In answer to a question from City Attorney Green, Patrol Lieutenant Brock stated that he witnessed all the signatures that were received on the petitions. Rebecca Quinonez submitted three petitions which she and her employees had obtained supporting the issuance of the license. Ms. Quinonez commented that they have no violations and card people prior to serving them liquor. Mayor Sheek opened the public hearing; however, no one spoke for or against the application and the hearing was closed. Councilmember Archibeque moved that Council approve the Change of Location for La Casita De Cortez LLC, DBA La Casita De Cortez to relocate from 17 North Harrison to 332 East Main Street, Cortez. Councilmember Price seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes absent Yes Yes Yes Yes Yes 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Appointments to the Parks, Recreation, and Forestry Advisory Board. Director of Parks and Recreation Palmquist stated that the Cortez Parks, Recreation, and Forestry Advisory Board consists of nine voting members, all of which shall be residents of Montezuma County, with four specifically residents of the City of Cortez. He stated that the City received letters of interest from Kevin Mullikin and two youth, Blair Rice and Jasmine Stroud, to fill the current vacancies. He stated that the youth vote on the board the same as the other members and serve a one year term with the opportunity to be re-appointed. He stated that Kevin Mullikin was interviewed by the Parks, Recreation, and Forestry Advisory Board on July 18, 2014, and the board recommended support for Mr. Mullikin being appointed to the board for a two year term. Director of Parks and Recreation Palmquist stated that Council could choose to interview the candidates or could forgo the interviews and appoint the candidates to fill the vacancies. Councilmember Price moved that Council appoint Kevin Mullikin, Blair Rice and Jasmine Stroud to fill vacancies on the Parks, Recreation, and Forestry Advisory Board. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes absent Yes Yes Yes Yes Yes CITY COUNCIL REGULAR MEETING AUGUST 12, 2014 PAGE 3 b. Renewal Medical Marijuana Center/On Site Optional Premises Cultivation/Medical Marijuana- Infused Product Manufacturer for The Medicine Man LLC. Mayor Sheek stated that review of the medical marijuana license for The Medicine Man was a Quasi-Judicial item and if anyone has spoken about the item prior to the Council meeting, that they disclose their contact; however, no Councilmember spoke. City Attorney Green stated that The Medicine Man LLC, is located at 310 East Main Street and is requesting their Medical Marijuana Center/On Site Optional Premises Cultivation/Medical Marijuana Infused Products Manufacturing License be renewed. He stated that due to numerous life safety issues found in the building during their renewal process in July 2013, The Medicine Man was issued their renewal license in 2013 with three conditions. Detective Quinnett, Building Official Proffer and Fire/Building Inspector Canada were sworn in and, in answer to questions from City Attorney Green, stated that the issues with the building have been fixed to the City’s satisfaction and they each recommended that the renewal license for The Medicine Man be issued. Building Official Proffer stated that staff worked diligently with the State Electrical Director and the Fire Department as well as other entities to complete the project which is now in compliance with City codes. Gilbert and Sherry Garcia, 904 E. Driscoll, stated that they have a state of the art facility and are ready to open. Mayor Pro-tem Keel noted that the badge for Mr. Garcia expires on August 10, 2014, and City Attorney Green explained that Mr. Garcia will be renewing his badge when he presents his renewal license to State of Colorado MMED office in Denver on Friday, August 15, 2014. Mayor Pro-tem Keel thanked the Garcia’s for completing the process and bringing their business into compliance. Mayor Sheek opened the meeting for public comment. Retha Williams, 21400 Road P, stated that she is 73 years old and was a nurse for 42 years and served in the National Guard for 27 years. She stated that she has worked with a lot of people that have drug and alcohol issues and that people that use marijuana never seemed to have problems like people that drink or take prescription drugs. She stated that she supports the recreational use of marijuana and noted that that she has a prescription for medical marijuana as she has had a hip replacement, knee replacement, and has high blood pressure. She stated that marijuana takes away the pain and is a natural plant that has been on the earth a long time. Mayor Pro-tem Keel moved that Council approve a renewal Medical Marijuana Center/On Site Optional Premises Cultivation/Medical Marijuana Infused Products Manufacturing License for The 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 absent Yes Yes Yes Yes Yes c. Bid Results for 2014 Concrete Cost-Share and Storm Drain Project. Public Works Director Johnson stated that the storm drain project was added to the annual sidewalk cost-share program this year and four bids were received. He stated that the annual sidewalk cost-share program allows residents and business owners to install new sidewalk or replace deteriorated sidewalks on their property and that this year they received five requests to participate in the cost-share program. Director of Public Works Johnson stated that Daniel’s Concrete is the low bidder at a bid amount of $158,481.58 and noted that the funds for the project are budgeted through the Street Capital Fund. In answer to a question from Mayor Sheek, Director of Public Works Johnson stated that the cost- CITY COUNCIL REGULAR MEETING AUGUST 12, 2014 PAGE 4 share project will also include maintenance on City sidewalks, ADA accessible ramps, and miscellaneous curb and gutter work. He stated that the largest portion of the project is the storm drain work that will be done at Manaugh Elementary School and the intersection of South Cedar and 4th Streets. Councilmember Lucero moved that the 2014 Concrete Cost-Share and Storm Drain Project be award to Daniel’s Concrete in the amount of $158,481.58. Councilmember Price seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes absent Yes Yes Yes Yes Yes d. Purchase of Small Tractor for Parks Department. Director of General Services Smith stated that the 2015 Equipment Fund Budget would include the purchase of a new tractor/backhoe combination for the Parks Division at a project budget amount of $38,000. He stated that the tractor would have dual purpose and would utilize the new deep tine aerator and leaf machines purchase in 2014. He stated during the investigation of the pricing for the tractor it was discovered that the 2015 unit would be required to have a mandatory Tier IV engine in it which would increase the purchase of the unit by approximately $7,500. He stated that the Parks Department staff contacted Southwest Ag on the pricing for the tractor and they offered the City a unit that has less than 120 hours on it with the regular engine at a price of $34,500. He stated that the Parks staff also contacted the local John Deere dealer and they said they did not have a comparable unit that would attach to the tractor attachments. He stated that staff recommends that the tractor be purchased this year; however, the amount would be included in the 2015 Equipment Fund Budget. In answer to a question from Councilmember Archibeque, Director of General Services Smith stated that the warrantee would have the same as buying a new one. Councilmember McLaughlin moved that Council approve the purchase of the tractor/backhoe from Southwest Ag at the price of $34,500 and account for the unit in the 2015 Equipment Fund Budget. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes absent Yes Yes Yes Yes Yes e. Modification of Premises for The Herbal Alternative. City Attorney Green stated that a request for a Modification of Premises was received for David Krzysztofiak LLC, DBA The Herbal Alternative, located at 1531 Lebanon Road. He stated that the application must be approved locally prior to it being presented to the State. He stated that the modification request is for the remodel that is being completed on the property. In answer to a question from Mayor Pro-tem Keel, City Attorney Green stated that David Krzysztofiak LLC is the name of the original business which was purchased by Garrett Smith. Councilmember Archibeque moved that Council approve the Modification of Premises for David Krzysztofiak LLC, DBA The Herbal Alternative, located at 1531 Lebanon Road, Cortez. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING AUGUST 12, 2014 PAGE 5 Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes absent Yes Yes Yes Yes Yes f. Ordinance No. 1192, Series 2014. City Attorney Green stated that Ordinance No. 1192, Series 2014, is being presented to Council on first reading and includes regulation of retail marijuana within the City of Cortez. He stated that the ordinance includes information which Council and staff had discussed at the previous Council worksession on July 22, 2014. He reviewed highlights of the ordinance and stated that there will not be a cap on the number of stores due to the limitation that is set in the current zoning and distance regulations. He noted that Council has not authorized retail marijuana establishments; however, if Council decides to authorize retail marijuana within the City, staff recommends that Ordinance No. 1192, Series 2014, be the vehicle for doing so. He stated that if Council decides to prohibit retail marijuana in the City, an ordinance would then be prepared with that verbiage. Councilmember Archibeque noted that Councilmember Butler is absent from the meeting due to representing the City at a Heart & Soul presentation and he would like Council to consider tabling the ordinance until all the Councilmembers can be present to vote on the ordinance. In answer to a question from Councilmember Archibeque, City Attorney Green stated that staff has completed their work on their ordinance and unless Council makes any changes, the ordinance is set to move forward. Mayor Sheek noted that testing is required on any of the manufactured items prior to them being sold to the public and her understanding is that all the testing facilities are currently in the Denver area. City Attorney Green stated that the manufactured items, such as edibles, are required to be tested prior to being sold and staff is recommending at this time that a manufacture license not be issued in Cortez. He stated that if Council would like to allow them at a future date, the manufacturing license could be added. He stated that Durango does not allow manufacturing in their City limits as well. He stated that all the edibles and baked items would need to be bought from a wholesaler if sold in the stores in Cortez. Mayor Sheek opened the floor for public input on the ordinance and noted that the three minute rule for speaking in a public hearing would be adhered to. Nate Fete, 1467 Acoma Street, stated that he is speaking in favor of regulating recreational marijuana and that he understands the main concern is in regard to the youth. He stated that he feels it is a parent’s responsibility to inform their children about substance abuse and how it can harm them. He stated that as an owner in the marijuana industry, it is important that staff is properly trained and that the facility meets all the requirements of the State and the City. He stated that his staff offers information to all their customers about their products and he invited Council to tour their facility any time. He stated that he understands the concern Council has regarding edible production, but commented that if a facility has the correct equipment and proper packaging, then a facility should be able to cook their own edibles. He stated that marijuana business owners are professional and try to do business right. Chris Wolfe, 18 West Montezuma Avenue, asked if staff has indicated any current problems with medical marijuana dispensaries. City Attorney Green stated that there have been some small issues with the current dispensaries, mostly building code related. Mr. Wolfe asked if the ordinance is approved on first reading, would the ordinance then be locked down in regard to the verbiage. City Attorney Green stated that amendments can be made to the ordinance during second reading if Council chose too. City Manager Hale stated that Council can make changes to the ordinance and approve it with changes or they can re-advertise the ordinance for more input if they choose to do so. Jonny Radding, 607 Miramonte, Hesperus, Colorado, stated that a lot of people in the marijuana industry work hard to be a part of the CITY COUNCIL REGULAR MEETING AUGUST 12, 2014 PAGE 6 community by representing their businesses properly. He stated that there are a lot of things in place to help keep the environment safe for both recreational and medical marijuana. He stated that it makes sense and he hopes Council will consider moving the ordinance on to second reading. No one else spoke and Mayor Sheek closed the public input period. Councilmember Price moved that Council approve Ordinance No. 1192, Series 2014, an ordinance regulating retail marijuana within the City of Cortez, and set for public hearing on August 26, 2014. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek No absent Yes Yes Yes Yes Yes g. Ordinance No. 1193, Series 2014. City Manager Hale stated that the current agreement with Baja Broadband expires on August 24, 2014, and Ordinance No. 1193, Series 2014, would renew the nonexclusive franchise for 10 years. He stated that the previous document was extended for 2 ½ years to allow staff time to research a variety of issues and staff is now recommending the agreement be renewed for a 10 year term. He stated that the City receives a 3% franchise fee which is approximately $21,000 per year, which is a steady decline as fewer consumers choose traditional cable service. Mayor Pro-tem Keel moved that Council approve on first reading Ordinance No. 1193, Series 2014, an ordinance renewing the BAJA Broadband cable franchise agreement, and set for public hearing on August 26, 2014. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes absent Yes Yes Yes Yes Yes h. Pay Councilmember Tom Butler. City Manager Hale noted that Councilmember Butler is attending an Orton Family Foundation meeting on behalf of the City. He stated that the City Charter says that no Councilmember shall be paid for a meeting at which he or she did not attend. He stated that Councilmember Butler is missing the Council meeting as he is officially representing the City; however, staff could not make the decision to pay Councilmember Butler due the City Charter requirements. He stated that Council could make a motion to pay Councilmember Butler if they chose too. Councilmember McLaughlin moved that Councilmember Tom Butler be paid for the August 12, 2014, Council meeting, as he is absent from the Council meeting but is representing the City on official business. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes absent Yes Yes Yes Yes Yes 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. CITY COUNCIL REGULAR MEETING AUGUST 12, 2014 PAGE 7 10. ADDITIONAL CITIZEN PARTICIPATION – None. 11. CITY ATTORNEY’S REPORT a. Marijuana Enforcement. City Attorney Green stated that there will be additional legislation that will be presented to Council at the next Council meeting regarding the enforcement of marijuana regulations. He stated that the criminal code needs to be clarified more clearly for staff enforcement. 12. CITY MANAGER’S REPORT a. Grant Request. City Manager Hale stated that it was announced during the worksession that the City received a 1 million dollar grant from DOLA to be used for the continuation of the fiber project. b. Bring Your A Game to Work. Ed Rice from the Montezuma-Cortez High School is launching a program titled Bring Your A Game to Work which will offer ideas to high school students regarding work ethic and professionalism and other ideas to prepare them for the working world. He stated that anyone that would like to help with the program, which will pair up a local professional person with a teacher, is welcome to attend the first meeting scheduled for Monday, August 18, 2014, from 8:00 p.m. to 10:30 a.m., in the High School Commons Area. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that discussion in the workshop included the fee structure that would be used for licensing recreational marijuana should that be approved. Also, how the City will deal with the disposition of City property located in the Cortez Industrial Park was discussed. She stated that Council decided to hold the Council Advance on October 6, 2014. Mayor Pro-tem Keel noted that he signed a proclamation with the Geer Family and Blue Star Moms proclaiming the George Geer Memorial Car Show which was held on August 9, 2014. b. Historical Preservation Board. Mayor Pro-tem Keel stated that discussion at the Historical Preservation Board included the boundaries of the historical district and it was noted that a State Historical Board member will be visiting Cortez in the next month. c. Cortez Cultural Center. Councilmember Price stated that the Cortez Cultural Center has been meeting several times a month to get all the new board members up to speed on all the happenings of the Cultural Center. Mayor Sheek stated that she attended a Tarnished Brass Concert recently held at the Cultural Center and she commented it was a great venue for the concert. d. Entrance Signs into Cortez. City Manager Hale stated that discussion was held at the Recreation Center on August 11, 2014, regarding entrance signs for Cortez. He stated that about ten citizens were in attendance and offered great ideas on the signs that will be placed at the entryways of the community. The regular meeting was adjourned at 8:50 p.m. CITY COUNCIL REGULAR MEETING AUGUST 12, 2014 PAGE 8 ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk