City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, AUGUST 26, 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 Director of Finance Kathi Moss, Library Director Eric Ikenouye, Director of Planning and Zoning Kirsten Sackett, City Manager Shane Hale, City Clerk Linda Smith, and City Attorney Mike Green. There were approximately 38 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 August 12, 2014. b. Approval of the payment of the revised Expenditure Vouchers of August 26, 2014. c. Approval of a renewal Tavern Liquor License, Change of Manager, and Change of Corporation for Cortez Elks Association, DBA Cortez Elks #1789, 2100 North Dolores, Cortez. City Manager Hale stated that the Worksession Minutes needed to include a change noting that a Compliance Officer would work on liquor, tobacco, and marijuana (not firearms) compliance. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure vouchers totaling $139,210.36, and the change to the Workshop Minutes as noted by the City Manager. 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 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION a. Missouri Tragedy. Alvin Collom, 420 South Ash, stated that he would like City Council to approve a resolution declaring the misuse of the media in the Ferguson, Missouri tragedy. He stated the media and political representatives need to stop misrepresenting the case so people will not choose sides and the racial tension will not grow. 5. PUBLIC HEARINGS a. Ordinance No. 1192, Series 2014. City Attorney Green stated that Ordinance No. 1192, Series 2014, regulations for retail marijuana is being presented on second reading. City Attorney Green stated that staff is not taking a position on whether Council authorizes retail marijuana or not; however, if Council choses to approve retail marijuana establishments, it is recommended that Ordinance No. 1192, Series 2014, be the regulations used for that process. He stated that the CITY COUNCIL REGULAR MEETING AUGUST 26, 2014 PAGE 2 ordinance was modeled after a Steamboat Springs ordinance. He stated that the City would prohibit a retail marijuana products manufacturer license; however, the other three licenses which would be allowed would include a retail marijuana store; a retail marijuana cultivation facility; and a retail marijuana testing facility. He stated that there seems to be different interpretations regarding the requirement to grow on site in order to meet the on-hand inventory of retail marijuana and the date with which that requirement would expire. He stated that he would like to research the requirement further before Council changes the current ordinance. City Manager Hale stated that the City’s requirement will match the State’s requirement regarding the percentage of marijuana that must be grown on site once that requirement can be verified. Mayor Sheek opened the hearing and noted that the three minute rule would be adhered to therefore allowing everyone the opportunity to speak. Nate Fete, 1467 Acoma Street, stated that he called the City regarding the date of growing on site and does not feel the City should wait to change the ordinance regarding the date as it affects whether he would need to have a grow facility to sell retail marijuana prior to January 1, 2015. He suggested that Council re-word the ordinance stating that the City will follow State guidelines whatever that may be in regard to cultivation. He also asked that the closing hour be extended to 9:00 p.m. and noted that the Industrial Park would be a good location for grow facilities. City Attorney Green stated that the current State regulations do not match the State Statutes and he would like to verify the language before changing it. Jennifer Hope, 506 North Market Street, stated that she attended a Council worksession a few meetings ago and was impressed with the diligence and effort in which Council does their job. She supports retail marijuana in Cortez and stated that it makes good business sense. She stated that if people can’t buy their marijuana in Cortez they will go somewhere else, such as Telluride, and they will buy their gas, their food, and other items besides marijuana when they go there. She stated that Council has been elected to manage Cortez in a fiscally responsible way, not to manage the morals of the community. Alvin Collom, 420 South Ash, noted that marijuana is a gateway drug and makes it difficult for people to manage their lives. He stated that it is up to the City to set the local conscience and he spoke briefly about how marijuana has affected his life. Jessica Hernandez, 416 North Ash, stated that the community needs to look at the larger picture not just think about the money. She stated that the City needs to look at what kind of growth they want and that the City is sending mixed signals. She stated that information should be obtained from the schools to see how drugs have influenced the children already and that the community should continue on a positive path. Nels Warner, 109 South Madison, stated that marijuana is not a gateway drug and pointed out that alcohol is a much huger problem in the community. Ann Pinder from Lewis Arriola stated that she recently came down with cancer and marijuana has helped her with nausea. She stated that she supports the regulation of retail marijuana in the community. Jim Mischke, 143 East North Street, stated that the use of substances is a problem facing America. He spoke about quality control of black market drugs and noted that the new State law provides regulation and control for the sale of retail marijuana. He stated that the tax profits from the sale of marijuana could be used for the general welfare of the youth which could include aspects of health, education, and recreation. Sandy Simons, 17642 Road G, stated that she does not feel Cortez can look at this through a financial perspective and that she is opposed to retail marijuana. She questioned what will happen with Federal funding since marijuana is still illegal with the Federal CITY COUNCIL REGULAR MEETING AUGUST 26, 2014 PAGE 3 government. She asked if Cortez wants to become a tourism spot for marijuana shopping and asked Council to take a step back and see what happens with the industry before making a decision. Dale Smith, 635 Colfax, stated that he has seen first-hand the effects that the gateway drug marijuana has on youth. He stated that he is opposed to the sale of retail marijuana and spoke about the costs to enforce the marijuana laws. In answer to a question from Councilmember Archibeque, City Manager Hale spoke about the licensing fees that would be established to cover staff time for the regulation of marijuana businesses. Chris Wolfe, 18 West Montezuma Avenue, reviewed facts from the Centers of Disease Control regarding marijuana use and stated that the study shows marijuana use is down with the Colorado youth compared to the rest of the nation. He stated that he is about the safety of kids and noted that when you make it available it doesn’t become so attractive. Steve Kelly, 14115 Road 21.3, stated that he is opposed to retail marijuana and is concerned about the youth. He stated that there are enough problems in the local schools without interjecting marijuana, and even though youth are not old enough to buy it, they will get their hands on it. Janet Hatch, 403 South Elm Street, stated that she was born and raised in Colorado and is ashamed of Colorado for passing the law as it degrades the State. Jonny Radding, 607 Miramonte Drive, Hesperus, stated that it is unfair to point the fingers that marijuana is a gateway drug, and that many studies have shown that half the people across the country support the use of marijuana. He stated that medical marijuana has really helped people that are truly sick. He stated that doctors across the country are finding that marijuana is not harmful and there is medical value to it. He also stated that Amendment 64 already allows citizens to grow marijuana and that banning it will only cause Cortez to miss out. John Gray, 11089 Road 29, stated that everyone can see all the problems that Denver’s voting population has caused for the rest of the State and he feels that medical marijuana may be useful to people that are sick but he is against recreational marijuana. Oliver Scott-Tomlin, Lebanon Road, stated that he works at the Herbal Alternative and chose his career because he believes in it. He stated that having the business model keeps marijuana above ground and regulated. Garrett Smith, Lebanon Road, stated that he is the owner of Herbal Alternative and noted that two years ago Council had the same discussions regarding medical marijuana and all has turned out okay. He stated that retail marijuana isn’t going to change the community as it is already here. Todd Stevenson, 425 East Arbecam, stated that he has a great job at the Herbal Alternative and can support himself on his income. He stated that people that buy recreational marijuana enjoy many activities and are on their way to other places, such as Phil’s World and Mesa Verde, to enjoy what Colorado has to offer. David Pose, Lebanon Road, stated that he also works for the Herbal Alternative and encouraged everyone to learn more about marijuana and how it helps people. He noted that the business provides jobs for local residents at a higher than minimum wage which therefore creates an opportunity for people to provide for their families. Karen Kelly, 14115 Road 21.3, stated that she is a 5th generation Coloradoan and has lived in many communities across the state. She stated that this area is a rural family community and that she CITY COUNCIL REGULAR MEETING AUGUST 26, 2014 PAGE 4 doesn’t feel there are enough statistics about marijuana to make a decision on it. She stated that she wishes the question could come before the citizens so they could vote on it. Deanna Wilson, 1826 Rolling Road, stated that she has lived in Cortez most of her life and that she is opposed to retail marijuana as she has seen the effects marijuana has on people. She stated that there is a medicinal purpose for marijuana, but noted that it should be dispensed by a pharmacy. Kevin Cason, 521 North Washington, stated that he supports retail marijuana and that it is Council’s responsibility to look at the facts and uphold the laws that have been passed by the State. He stated that alcohol and cigarettes are more evil than marijuana. Several people that had previously spoke made additional comments regarding the pros and cons of marijuana and the public hearing was then closed. Councilmember Archibeque stated that he has coached children for 39 years and it is the school’s motto that kids are first as they are our most valuable resource. He reviewed information that was included in the Rocky Mountain High Intensity Drug Trafficking Area Report regarding the legalization of marijuana in Colorado. He spoke about how kids struggle in the community and noted that kids who smoke marijuana are three times more apt to drop out of school. He stated that there is a place for medical marijuana as it helps people with their health; however, it is the wrong message to send to kids that recreational marijuana is o.k. He stated that the reasons people move to a community are for the recreational opportunities, a good job, and the schools and noted it is important that not one kid be lost because of marijuana. Councilmember Butler stated that alcohol and nicotine are both regulated and they are both big problems. He stated that infusing another substance into the mix will just be a bigger issue. He stated that marijuana is an emotional issue because it affects people’s lives, and he commented that if one juvenile can be stopped from becoming addicted to a mind altering substance, it is worth the effort. Councilmember Price stated that every child should be educated on the use of marijuana and retail marijuana would only be allowed to be sold to adults over 21 years of age. Mayor Sheek stated that marijuana is available in the community already and the City has the opportunity to control marijuana by regulating it. She stated that alcohol is probably the biggest problem in the community and prohibiting it many years ago didn’t stop it. She stated that marijuana is already legal in the State and by not allowing it will not solve the problem. Councilmember Archibeque commented that if Council is unsure about their decision why not wait for a while and see what happens. He noted that at a recently held Chamber of Commerce event, it was said that businesses are opposed to marijuana as they cannot find employees that can pass a drug test. Discussion was held regarding the equal treatment of all businesses in the community. Mayor Sheek stated that presentations by the Fire Department, Chief of Police, and other staff members at a recent Council workshop leaned towards legalizing marijuana in the community so there is control. She stated that nothing can be controlled 100% and commented that there will be adults that legally buy marijuana who are not responsible people and will give the substance to their children or other children. She stated that the City can provide funding for the Police Department so they can continue to be as vigilant as possible to try and keep marijuana out of the wrong hands. Mayor Pro-tem Keel stated that also during a recent worksession a statement was made that it is easier to control the sale of marijuana if it is on Main Street than on the back street. He stated that from a moral standpoint he would probably side with those that are opposed to marijuana; however, moral decisions have to be left at home as that does not fall under the guise of a City Councilmember. He stated that the State of Colorado Constitution allows marijuana businesses and it would be remiss of the City not to allow them in our community. Discussion was held regarding CITY COUNCIL REGULAR MEETING AUGUST 26, 2014 PAGE 5 the State laws that currently allow the possession of one ounce of marijuana within the State of Colorado. Councilmember McLaughlin stated that she has taken a look at the whole picture and after touring one of the marijuana businesses has realized that the business is legitimate and the people that work there know what they are doing. She stated that she is very pro-business and noted that a marijuana business is now legal in the State of Colorado and they hire local people and pay good wages. She stated that many States have the question on their ballots for legalization of marijuana and eventually the Federal government will have to deal with it. Mayor Sheek stated that the City has a track record for successfully putting into place medical marijuana regulations and the problems have been fairly minor and she feels the City will do the best job they can with the regulation of retail marijuana. Councilmember Lucero stated that retail marijuana is legal in the State and there are four businesses already in the community. Councilmember Archibeque thanked Council for the friendly debate and Mayor Pro-tem Keel stated that without civility, there is nothing. Council thanked the citizens for their input. Mayor Pro-tem Keel moved that Council approve on final reading Ordinance No. 1192, Series 2014, an ordinance regarding the regulation of retail marijuana within the City of Cortez. Councilmember Price seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek No No Yes Yes Yes Yes Yes b. Ordinance No. 1193, Series 2014. City Attorney Green stated that Ordinance No. 1193, Series 2014, approves a ten year nonexclusive franchise agreement for the maintenance and operation of a cable system in Cortez. Mayor Sheek opened the public hearing. Bill Thompson, 605 Detroit Avenue, stated that Section 10 of the ordinance states that the franchisee shall render efficient repair service. He spoke about the many issues he has had with Baja Broadband and noted that you have to go to the local office to speak to a local person as the phone calls go to a call center. Jerry Parker, State Operations Manager for Baja Broadband, stated that his office is in Fort Carson and that he travels all over the State. He stated that he does not come to Cortez very often and relies on the three technicians and the two girls in the office to take care of the service. He stated in order to keep costs down, an underground contractor does not come to Cortez but every three to four months. He stated that they train their technicians as best they can and they are local people and he apologized to Mr. Thompson that it took so long to tend to his problems. In answer to a question from City Manager Hale, Mr. Parker stated that he did not know that the customers could not call the local office, but stated he would check into the phone issues, and noted that many corporations have call centers for their businesses. Dale Smith, 635 Colfax, spoke about problems which he had with Baja and how much time it took for Baja to respond to his problem. City Attorney Green stated that according to State regulations, the internet service is separate service from cable service. He stated that the City can require that Baja offer better customer service; however, if the ordinance is changed, the revised ordinance would need to be reviewed by the Baja Corporation prior to final review by Council. Mr. Parker stated that he would give the City assurances that he would speak with the corporate office and see if something can be done regarding the local phone service and that customer service should be a priority. Discussion was held about the number of years that could be approved for the non-exclusive franchise renewal. No one else spoke and Mayor Sheek CITY COUNCIL REGULAR MEETING AUGUST 26, 2014 PAGE 6 closed the public hearing. Mayor Pro-tem Keel moved that Ordinance No. 1193, Series 2014, an ordinance renewing a nonexclusive franchise for the maintenance and operation in the City of Cortez, of a cable system, be tabled until the September 9, 2014, meeting, to allow Mr. Parker to report back to staff on how their service can be improved for the citizens of Cortez. 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 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Appointment to the Library Advisory Board. Library Director Ikenoye stated that there are several openings on the Library Advisory Board and Holly Tatnall has applied for one of the open positions. He stated that Ms. Tatnall is a frequent patron of the Library and is a great member of the community. He stated that staff recommends that Ms. Tatnall be appointed to the Library Advisory Board. Mayor Sheek abstained from the vote due to a conflict-of-interest as Ms. Tatnall is her business partner. Councilmember Butler moved that Council appoint Holly Tatnall to the Library Advisory Board. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes * *Mayor Sheek abstained from the vote due to a conflict-of-interest. b. 2013 Audit Acceptance. Director of Finance Moss stated that during the worksession Holscher, Mayberry and Company presented information to Council on the 2013 Audit. She stated that staff recommends that Council accept the audit and financial statements as presented. Council thanked staff for all the hard work they do to keep the City financially sound. Councilmember Archibeque moved that Council accept the 2013 Audit. 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 c. Pledge of Funding for Re-write of City of Cortez Land Use Code. Director of Planning and Building Sackett stated that on August 1, 2014, City staff submitted a grant application to the Department of Local Affairs (DOLA) for a Tier 1 Energy and Mineral Impact Grant, in the amount of $100,000 that would be used towards re-writing the City of Cortez Land Use Code. She stated that the Orton Family Foundation, partnering with the Gates Family Foundation, has secured $50,000 in funding towards the re-write of the code and staff is requesting that the City pledge CITY COUNCIL REGULAR MEETING AUGUST 26, 2014 PAGE 7 $50,000 in funds as well. If the grant was awarded, it would provide for a $200,000 total project budget. She stated that the City has already entered into a contract with CCCD at the University of Colorado to conduct an analysis of the Land Use Code and that the finding of their report will be incorporated into the information that the consultants would use to re-write the code. In answer to a question from Councilmember McLaughlin, Director of Planning and Building Sackett stated that the funding would be included in the 2015 Budget. City Manager Hale stated that the $50,000 would be used as matching money if the DOLA grant is awarded; however, the City will need to begin working towards re-writing the code whether the grant is received or not. Councilmember McLaughlin moved that Council pledge $50,000 matching money towards an Energy and Mineral Impact Grant for the purpose of re-writing the City of Cortez Land Use Code. 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. Resolution No. 19, Series 2014. City Manager Hale stated that Resolution No. 19, Series 2014, establishes retail marijuana operation, transfer, renewal, and re-inspection fees. He stated that over the past year the City has experienced a significant increase in the amount of time and effort that it has required to keep up with the medical marijuana businesses in town and staff has continued to tweak our practices and increase inspections to address issues. He stated that the fees are a reflection of the hours that staff estimates would be spent on processing a marijuana application. He stated that the resolution also includes a $50 an hour re-inspection fee for an establishment that would require an additional non-routine inspection, for whatever reason. Discussion was held regarding fees that other communities charge and City Manager Hale stated that staff feels the fees are fair and will cover the expenses. He stated that the goal with any fee is that the business will pay their own way. Councilmember Price moved that Council approve Resolution No. 19, Series 2014, approving the fees for retail marijuana licenses. 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. Ordinance No. 1191, Series 2014. City Attorney Green stated that Ordinance No. 1191, Series 2014, regulates mobile food vendors and flea markets within the City of Cortez. He reviewed the highlights of the ordinance and noted that the program would be a pilot program that sunsets on December 31, 2016. Discussion was held on where the mobile food vendors could be located and City Attorney Green stated that they may operate within the public right-of-way providing they park in a legal parking space and comply with all City and State parking restrictions and may only serve customers from an adjacent sidewalk or the curbside of the vehicle. He stated that the mobile food vendors may not operate in the Commercial Business District (CBD) as to not compete with the brick and mortar restaurants. City Manager Hale stated that Planning and Zoning has discussed the regulations for several months and it has been difficult to define exactly what will fit for the City. He stated that if a mobile vendor wants to be permanent, they will need to hook into the City CITY COUNCIL REGULAR MEETING AUGUST 26, 2014 PAGE 8 water and sewer lines and if they are temporary they will need to move their unit off site each night. In answer to a question from Councilmember Butler, Director of Planning and Building Sackett stated that the CBD District includes the downtown area from Maple to Harrison and from First to North Streets. Councilmember Archibeque moved that Council approve on first reading Ordinance No. 1191, Series 2014, an ordinance amending Chapter 15, Article IX of the City Code, and amending Subsection 3.05 of the Land Use Code, both pertaining to the regulations of mobile food vendors and flea markets within the City of Cortez, and set for public hearing on September 9, 2014. 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. 11. CITY ATTORNEY’S REPORT a. Marijuana Enforcement. City Attorney Green stated that an ordinance will be presented to Council at the next meeting regarding the enforcement side of marijuana regulations. 12. CITY MANAGER’S REPORT – None. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that the workshop included a presentation by Library Director Ikenouye regarding the happenings at the Library and the 2013 Audit was presented by the City’s auditors Holscher, Mayberry, and Company. She stated that also discussed was the process for the Community Support Grants for 2015 and the new program that was just initiated at the High School called Bring Your A Game to Work. b. Mesa Verde Country Tourism Board. Councilmember McLaughlin stated that the preliminary budget was reviewed at the Mesa Verde Country Tourism Board meeting and she encouraged everyone to take a look at the new website which has turned out really well. The regular meeting was adjourned at 10:30 p.m. ________________________________ Karen W. Sheek, Mayor CITY COUNCIL REGULAR MEETING AUGUST 26, 2014 PAGE 9 ATTEST: ___________________________________ Linda L. Smith, City Clerk