City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, OCTOBER 14, 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, Orly Lucero, Shawna McLaughlin and Jim Price. Mayor Pro-tem Ty Keel was absent. Staff members present were Director of Planning and Building Kirsten Sackett, Director of General Services Rick Smith, Chief of Police Roy Lane, Account Clerk/Deputy City Clerk Sara Coffey, City Manager Shane Hale, City Clerk Linda Smith, and City Attorney Mike Green. There were nine 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 September 23, 2014. b. Approval of the payment of the Expenditure Vouchers of October 14, 2014. c. Approval of a renewal Hotel and Restaurant Liquor License for Halnier Inc., DBA Nero’s Mediterranean Grill, located at 303 West Main Street, Cortez. d. Approval of a renewal Tavern Liquor License from Purple Sage Rib Company and Saloon LLC, DBA Purple Sage Rib Company, located at 2811 Mancos Road, Cortez. e. Approval of a Change in Corporation, Change in Corporation Trade Name, Alteration of Premises, and Manager’s Registration for RisingSol Inc., located at 2 West Main Street. Councilmember Price moved that Council approve the Consent Agenda, with the additional expenditure list totaling $92,454.27. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes absent Yes Yes Yes Yes 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION - None. 5. PUBLIC HEARINGS – None. 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS CITY COUNCIL REGULAR MEETING OCTOBER 14, 2014 PAGE 2 a. Proclamation Declaring the Cortez Cultural Center Week. Mayor Sheek signed the proclamation declaring October 17-23, 2014, as the Cortez Cultural Center Week, and encouraged all citizens and friends to visit and support the Cortez Cultural Center and enjoy and promote the arts and life-long learning in our community. Donna Steward, Executive Director of the Cortez Cultural Center, invited everyone to attend the re-dedication celebration to be held at the Cortez Cultural Center on Friday, October 17, 2014, from 5:00 to 7:00 p.m. Mayor Sheek thanked the Cortez Cultural Center for all the activities they provide for the community. 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. ADDITIONAL CITIZEN PARTICIPATION – None. 10. OTHER ITMES OF BUSINESS a. Update on Planning and Zoning Discussion Regarding a Request to Allow Marijuana Facilities within the Industrial (I) Zone. Director of Planning and Building Sackett stated that during the Council meeting of September 9, 2014, Chris Wolf approached City Council about the possibility of allowing marijuana grow facilities within the Industrial zoned area of the City. She stated that Mr. Wolf was instructed to approach the Planning and Zoning Commission about his proposal and he met with them on Tuesday, October 7, 2014. She stated that Chairman Tim Kline of the Planning and Zoning Commission explained that the Planning Commission had not been part of the decision-making process that had led to determining which zones marijuana facilities would be allowed. She stated that Chairman Kline had also noted that Council had formed an ad-hoc committee to hold public hearings with the community and the committee then made recommendations to Council which were then used in the final medical marijuana ordinances. She stated that staff has created a working map that depicts areas within the City limits that may possibly meet the zoning and distance requirements for a marijuana facility. She stated that given Mr. Wolf’s request, the Industrial zone was also included in the analysis keeping in mind the distance requirements of a minimum of 1,500 feet from other marijuana facilities, schools, daycares, and parks. She explained that the distance requirements are measured by the direct path that would be taken from the front door of the facility to a school, park, or other facility. She noted that the Industrial Park area may present some challenges due to the location of the existing marijuana facility located off of Lebanon Road and the proximity of Carpenter Natural Area and the George Geer Natural Area to the Industrial Park. She stated that staff would like to receive direction from Council on how to proceed with the discussion on the Industrial Zone being included as a location for marijuana facilities. Councilmember McLaughlin stated that if there isn’t any property in the Industrial Park that could be used for this type of use because of the distance requirements, why would the zoning be changed. City Manager Hale stated that in the initial discussion on the amount of facilities that may be located in Cortez, it was noted that there possibly could be seven facilities depending on where they would be located and the Industrial Park was not part of that discussion. He stated that the Industrial Park is not patrolled as much as other areas of the City. City Attorney Green stated that the City has worked a long time on the regulations and has had many public meetings to set the language in place and noted that changes to the regulations shows a lack of consistency. Discussion was held on what remaining space would be available within the City limits for new marijuana facilities and City Manager Hale stated that a physical measurement would be taken prior to approval of a new facility to be sure it meets the requirements CITY COUNCIL REGULAR MEETING OCTOBER 14, 2014 PAGE 3 . Council agreed that the rules have been established and it is in working order. Mr. Wolf, 18 West Montezuma, stated that in his initial presentation to Council it was not to allow a retail or medical facility in the Industrial Park, but was for the allowance of a grow facility only. He stated that the lights in a grow facility are glowing for 24 hours and the facilities also emit fumes and suggested that that the Industrial Park would be a good fit for this type of business. He stated that if a grow facility is located in the business district it may cause issues with the neighbors and noted that the building could be used for more conducive uses than a grow facility. He stated that he understands if Council doesn’t want to change the regulations, he just wanted to make a few points about why it would be a good fit for grow facilities to be located in the Industrial Zone. Discussion was held regarding the difference between a grow facility for a medical marijuana center and a retail establishment. Chief of Police Lane stated that the Police patrol the area as they fuel up at the Service Center and they may be in the area for other reasons; however, they don’t patrol it as much as the downtown area. Mayor Sheek stated that she appreciates Mr. Wolf’s points, but with the time that has been spent on putting the regulations in place, she feels this isn’t the right time; however, someday it may be approached again. b. Executive Session to discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. Section 24-6-402(4)(a). Councilmember Archibeque moved that Council adjourn to Executive Session to discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. Section 24-6-402(4)(a). Councilmember Price seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes absent Yes Yes Yes Yes Council returned from Executive Session at 8:30 p.m. c. Possible Council Action following Executive Session Regarding the Sale of City Owned Property Located at 25306 Road L. No action was taken on this item. 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 during the workshop, discussion was held on the Community Grant requests that would be included in the 2015 Budget. She stated that the total amount that Council agreed to be given for the various requests totals $33,000. b. Golf Advisory Board. Councilmember Archibeque stated that the golf course is in great shape and revenue is up from 2013. He stated that there is a geese problem at the golf course and methods are being discussed on how to deal with them in the future. c. Montezuma County Economic Development Association (MCEDA). Councilmember McLaughlin stated that discussion was held on the bylaws and membership fees for the association. CITY COUNCIL REGULAR MEETING OCTOBER 14, 2014 PAGE 4 The regular meeting was adjourned at 8:35 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk