City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 9, 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 Public Works Phil Johnson, Director of Planning and Building Kirsten Sackett, Director of Parks and Recreation Dean Palmquist, Director of General Services Rick Smith, Chief of Police Roy Lane, City Manager Shane Hale, City Clerk Linda Smith, and City Attorney Mike Green. There were four 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 26, 2014. b. Approval of the payment of the revised Expenditure Vouchers of September 9, 2014. c. Approval of a renewal Liquor Store License and a Change in Corporation for Tubros LTD, DBA Cork ‘N Bottle, located at 443 East Main Street, Cortez. d. Approval of a renewal Liquor Store License for Teebox Inc., DBA Teebox Liquors, located at 2410 Fairway Drive, Cortez. e. Approval of a renewal Brew Pub Liquor License for L&D Development Inc., DBA J Fargos, located at 1209 East Main Street, Cortez. Mayor Pro-tem Keel moved that Council approve the Consent Agenda as presented, with the additional expenditure vouchers totaling $25,872.41. 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 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION a. Speed Limit and Warehouse in Industrial Park. Chris Wolfe, 18 West Montezuma Avenue, stated that he recently moved into the City limits and feels the speed limit of 30 miles an hour on Montezuma Avenue should be dropped to the speed limit on Main Street which is 25 miles an hour. He also asked Council to consider allowing marijuana grow facilities in the Industrial Zone. He stated that the retail sales of marijuana should stay in the business district but feels that the Industrial Zone would be a good location for grow facilities as there is less traffic. He noted that by locating grow facilities in the Industrial Park, it would limit the potential for odors to infringe on CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 2014 PAGE 2 neighboring businesses and would keep commercial space available in the Commercial Business District and Commercial Zone for more suited businesses than a grow facility. He spoke about the many warehouses located in the Industrial Zone and commented that they are wired for warehouse type use. 5. PUBLIC HEARINGS a. Ordinance No. 1193, Series 2014. City Manager Hale stated that Ordinance No. 1193, Series 2014, renews the nonexclusive franchise agreement for the maintenance and operation of a cable system for the City of Cortez. He stated that, due to comments received at the last Council meeting by audience members, Council tabled the ordinance to allow Baja Broadband the opportunity to offer a response to the comments. He stated that Kathleen Davis with Baja Broadband sent a response which was distributed to Council at the meeting and noted that Jerry Parker, State Operations Manager for Baja Broadband, was present in the audience if Council had any questions. Mr. Parker spoke to Council regarding the billing system conversion that was recently completed which may have been the main contributing factor for customers not being helped in a timely manner. He stated that a call center has been used by the company for a long time as there are only two people in the office in Cortez. He stated that he is working with a company out of Farmington that may be used by Baja to provide drops and repairs if they can meet the insurance requirements of the company. He stated that if that doesn’t work out, he will have his current contractor come to Cortez no later than 30 days, unless the ground is frozen. Discussion was held regarding the availability of reaching someone in the local office and Mr. Parker stated that he would leave his phone number with the City Council and the City Manager and they could call anytime. Mayor Sheek opened the continued public hearing. Tobie Baker, 220 East Madison Street, stated that he does not have an opinion for or against the agreement but asked if other companies have been contacted to provide cable service. City Manager Hale noted that the hearing is open for comments, not questions. No one else spoke and the hearing was closed. Councilmember Lucero moved that Council approve on final reading Ordinance No. 1193, Series 2014, an ordinance renewing a nonexclusive franchise for the maintenance and operation in the City of Cortez, Colorado, of a cable system. 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. 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 stated that the ordinance is a pilot program and would sunset December 31, 2016, allowing the City time to see if the program meets the needs of the community. He stated that the regulations include the licensing process and the locations for which the mobile food vendors may locate as not to compete with the brick and mortar restaurants. He stated that the flea market regulations would be simplified from what is currently in the code. In answer to a question from Mayor Pro-tem Keel, City Attorney Green stated that monitoring of vendors is usually driven by a complaint received and is followed up by the Police Department. City Manager Hale stated that the new regulations have been created after a variety of issues have been dealt with over the past few years. He stated that the regulations CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 2014 PAGE 3 will be an experiment to see if they can work for everyone. Discussion was held regarding a person selling food from their house and City Manager Hale noted that prepared food that is sold must come from a commercial kitchen. Mayor Sheek opened the public hearing; however, no one spoke and Mayor Sheek closed the public hearing. Councilmember Archibeque moved that Ordinance No. 1191, Series 2014, an ordinance regulating mobile food vendors and flea markets within the City of Cortez, be approved on final reading. 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. Street Light Installation on Shady Lane. Director of Public Works Johnson stated that the City would like to contract with Empire Electric Association to install a 100-watt high-pressure sodium streetlight on Shady Lane near the Kiwanis Club Park. He stated that all 13 residents and lot owners of Shady Lane have signed the petition requesting to have the street light placed in a poorly lit area of the neighborhood which would help with the safety of the residents, as well as pedestrian traffic in the evenings. He stated that the City has met on-site with Empire Electric Association to decide the best location for the light and Empire Electric has provided an agreement which includes the installation price. In answer to a question from Mayor Sheek, City Manager Hale stated that the LED lights proposed for the City will be replaced in all the City owned street lights; however, there are lights that are owned by Empire Electric which the City pays a flat fee per month for. Director of Public Works Johnson stated that, if the light is approved, it would be installed as soon as Empire Electric’s workload would allow. Councilmember McLaughlin moved that Council approve a contract with Empire Electric Association to install a 100-watt high-pressure sodium streetlight on Shady Lane near the Kiwanis Club Park as requested by the residents on Shady Lane. 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 Rehabilitation Street Project Bid. Director of Public Works Johnson stated that each year the City performs an annual street improvement project with funds generated from City sales tax aimed at improving the streets and providing periodic maintenance. He spoke about streets that would be included in the 2014 Street Rehabilitation Project and noted that the full depth reclamation (FDR) and the mill and fill processes are a cost-effective measure to lengthen the life of streets without having to completely reconstruct them. He stated that two bids were received and Oldcastle SW Group, Inc. was the low bidder at a bid amount of $723,054.13. He stated that the money for the project is budgeted in the Street Capital Fund and if approved the project would begin on September 22, 2014. In answer to a question from Mayor Sheek, Director of Public CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 2014 PAGE 4 Works Johnson stated that the project would take approximately two months, depending on the weather, to complete. Mayor Pro-tem Keel moved that Council award the 2014 Street Rehabilitation Project to the low bidder, Oldcastle SW Group, Inc., in the amount of $723,054.13. 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 c. 2014 LED Lighting RFP Award. Director of General Services Smith stated that the City Budget provides $260,000 for a LED lighting retrofit project which is planned to provide energy savings at many of the City facilities and includes 60 street lights. He stated that five responses were received and two finalists, ASG Energy and DiVi Energy, were interviewed. He stated that both firms are leaders in the industry and noted the process with which the committee reviewed the bids. He stated that staff is recommending that ASG Energy be awarded the bid at a cost of $257,232.90, which will result in a projected annual energy savings of $77,123.58 and an aggregated payback period of 3.75 years. In answer to a question from Councilmember Lucero, Director of General Services Smith stated that any new circuits will be wired by an outside electrician. Councilmember Archibeque moved that Council award the 2014 LED Lighting Project to ASG Energy at the bid amount of $257,232.90. 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 d. Ordinance No. 1194, Series 2014. City Attorney Green stated that Ordinance No. 1194, Series 2014, amends Ordinance No. 1192, Series 2014, Section 15-419 and City Code Section 18-55, regarding marijuana regulations. He stated that the ordinance sets the penalties for violation of the rules and regulations adopted by the State of Colorado and the City of Cortez in regard to the sale, cultivation, manufacture or testing of medical or retail marijuana. He stated that the violation shall be a civil penalty processed in Municipal Court for up to $500; however, it would not include jail time. In answer to a question from Councilmember McLaughlin, City Attorney Green stated that every day is a separate offense if something isn’t fixed, such as processing the marijuana incorrectly or not wearing a State issued badge. Discussion was held regarding the reasons that a show cause hearing may be held and City Attorney Green stated that the fine limits are set by Council each year. City Attorney Green stated that the ordinance also changes the City’s regulations to match the State’s rules in regard to allowing retail marijuana stores to purchase 100% of their product effective October 1, 2014. Councilmember Lucero moved that Council approve Ordinance No. 1194, Series 2014, an ordinance amending Ordinance No. 1192, Series 2014, Section 15-419 and Cortez City Code Section 18-55, regarding marijuana regulations, and set a public hearing for September 23, 2014. Councilmember Price seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 2014 PAGE 5 Yes Yes Yes Yes Yes Yes Yes e. Appointment to the Planning and Zoning Commission. City Clerk Smith stated that Planning and Zoning Chairman Tim Kline and Vice-Chairperson Donna Foster both interviewed Ken Brengle and have recommended that he be appointed to the open seat. In answer to a question from Commissioner Lucero, City Clerk Smith stated that with the appointment of Ken Brengle, the Planning and Zoning Board would have a full board. Councilmember Archibeque moved that Council appoint Ken Brengle to the Planning and Zoning Commission. 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 f. Resolution No. 20, Series 2014. Director of Parks and Recreation Palmquist stated that Resolution No. 20, Series 2014, removes the City of Cortez residency requirement on the four Parks, Recreation, and Forestry Advisory Board positions and continues the Montezuma County residency requirement for all nine positions. He stated that the City has advertised the vacant advisory board position and has received one letter of interest from a county resident. He stated that staff is recommending that the City of Cortez residency requirement be removed and allow all the nine seats to be filled with Montezuma County residents and not restricted to City of Cortez residents only. City Manager Hale commented that the City changed the residency requirement on the Golf Advisory Board allowing all the members of the board to be Montezuma County residents, not just City residents. Councilmember Butler noted that when a vacancy cannot be filled over a period of time because the vacancy requires a City resident, the City should consider allowing those that are interested the opportunity to serve whether they are a County or City resident. He noted that the current County residents that are on the Parks, Recreation, and Forestry Advisory Board are excellent members. Director of Parks and Recreation Palmquist stated that if several applications are received for an open seat, Council makes the final appointment and can chose a City resident over a County resident. Mayor Pro-tem Keel moved that Council approve Resolution No. 20, Series 2014, removing the City of Cortez residency requirement on the four Parks, Recreation, and Forestry Advisory Board positions and continue the Montezuma County residency requirement on the nine Parks, Recreation, and Forestry Advisory Board positions. 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 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. 10. ADDITIONAL CITIZEN PARTICIPATION – None. 11. CITY ATTORNEY’S REPORT – None. CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 2014 PAGE 6 12. CITY MANAGER’S REPORT – None. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the workshop a presentation was made by the Pinon Project regarding the continuation of a YEP Grant and an update was given on the Montezuma County Economic Development Association (MCEDA) program. She stated that discussion was held on the LED lighting proposal and the opportunity for the City to apply for an EPA Grant that may be used to beautify the City’s corridors. b. Cortez Historic Preservation Board. Mayor Pro-tem Keel stated that a Cortez Historic Preservation Board meeting was held at Kemper School to discuss the possibility of designating Montezuma Avenue as a Historic District. c. Montezuma County Economic Development Association (MCEDA). Councilmember McLaughlin stated that discussion held at the MCEDA meeting included an update to the website and possibly restructuring the bylaws. The regular meeting was adjourned at 8:30 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk