City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 11, 2014 1. The meeting was called to order at 7:30 p.m., and was opened with the Pledge of Allegiance and a recognition of all veterans and their service to their Country. 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 Planning and Building Kirsten Sackett, Airport Manager Russ Machen, Director of General Services Rick Smith, Chief of Police Roy Lane, City Clerk Linda Smith, City Manager Shane Hale, and City Attorney Mike Green. There were six 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 October 28, and Special Worksession of October 29, 2014. b. Approval of the payment of the Expenditure Vouchers of November 11, 2014. c. Approval of a renewal Hotel and Restaurant Liquor License for Rodgers Inc., DBA Shiloh Steakhouse, located at 5 South Veach, Cortez. d. Approval of a renewal Tavern Liquor License for Cortez Veterans, Inc., DBA Cortez Veterans Inc., located at 320 North Harrison Street, Cortez. e. Approval of a Change in Manager for the Purple Sage Rib Company and Saloon LLC from Michael Lopez to Tammy Stansbury. f. Approval of a Change in Premises for Mr. Happy’s Bakery and Café completing the separation of the bar from the restaurant. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure list totaling $60,221.51. 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. Support Group for Community. Michelle Calloway, 204 South Chestnut, stated that she moved to Cortez about four years ago and her young child has been diagnosed with Angelman Syndrome. She stated that she has been searching for a support group that would include people that have CITY COUNCIL REGULAR MEETING NOVEMBER 11, 2014 PAGE 2 special needs adult and children in their lives. She stated that a support group would give people an opportunity to help each other and to know there are others who understand their situation. She stated that she has researched other programs that are offered in the community; however, she has not found anything that works for her situation. In answer to a question from City Manager Hale, Ms. Calloway stated that she has ideas on how to proceed with a support group but needs a place to host the meetings. Mayor Sheek noted that there are several City buildings that could possibly host the meetings and City Manager Hale invited Ms. Calloway to visit with him and see what the City could do to possibly help with a meeting place as well as getting the word out to the public. Mayor Pro-tem Keel stated that he works at the middle school and he will see what information he can find and forward the information on to the City Manager. 5. PUBLIC HEARINGS – None. 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Building Lease Renewal with Jacquie Williams. Airport Manager Machen stated that Jacquie Williams, of Budget Rent A Car, has been renting a building on the Airport property for nine years for storage and car washing. He stated the building which Ms. Williams is renting was acquired by the City in 1997 and was purchased for future removal as part of securing airspace for a future precision landing approach. He stated that the FAA would require removal of the building when the landing approach was completed; however, that project has been on hold indefinitely. He stated that in the meantime, the building has been rented to Ms. Williams in the “as is” condition with a month to month agreement. He stated that the rent has remained stable throughout the nine years at $250.00 per month. He stated that, in review of all the leases at the Airport, it was decided to renew the lease for a year with the option to renew annually. He stated that the rent would be increased to $300.00 per month to reflect the past nine year’s inflation rate. He stated that the lease includes a provision for a 60 day termination of lease notice in case the FAA does decide to remove the building. He stated that the City does not make repairs to the building and if there are any problems, Ms. Williams is required to fix them. Councilmember Archibeque moved that Council approve a building lease at the Airport with Jacquie Williams, of Budget Rent a Car. 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 b. Ordinance No. 1197, Series 2014. City Attorney Green stated that Ordinance No. 1197, Series 2014, amends the distance requirements for medical and retail marijuana establishments in the Cortez City Code and the Cortez Land Use Code. He stated that the ordinance changes the codes to match regarding distances for a medical and retail marijuana facility. City Manager Hale noted that the ordinance takes out parks as a distance requirement. In answer to a question from Mayor Pro- tem Keel, City Attorney Green stated that the amendment should fix the issue in regard to one of the marijuana facilities being too close to the park. CITY COUNCIL REGULAR MEETING NOVEMBER 11, 2014 PAGE 3 Mayor Pro-tem Keel moved that Council approve on first reading, Ordinance No. 1197, Series 2014, amending the distance requirements for medical and retail marijuana establishments in the Cortez City Code and the Cortez Land Use Code, and set for public hearing on November 25, 2014. 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 c. Resolution No. 24, Series 2014. Director of Planning and Building Sackett stated that Resolution No. 24, Series 2014, approves the Amended Plat of Lots 1 and 2 of the Rent-All-Rentals Minor Subdivision, owned by Kenneth and Tamara Mahaffey. She stated that the property located to the southwest of the intersection of Mildred Road and East Main Street (Highway 160) consists of two lots totaling 2.29 acres. She stated that the current configuration of the two lots is such that Lot 1 fronts Main Street and also has a portion that accesses South Mildred to the east and Lot 2 currently fronts South Mildred and comprises the south portion of the subdivision. She stated that the existing boundary line runs east to west and the applicant is proposing to move the boundary line to create Lot 1A such that the lot size will increase from 1.21 to 1.63 acres and have a north to south alignment. She stated that Lot 1A, housing the Rent-All-Rentals business, will retain the frontage to South Mildred. She stated that the existing Lot 2, originally consisting of 1.08 acres will become Lot 2A, consisting of .66 acres. She stated that Section 6.09 of the Land Use Code notes that relocation of the lot line is allowed and she reviewed various staff and utility provider comments. She stated that the existing Rent-All-Rentals structure will continue to meet the setback requirements. She also noted that there are two existing fuel tanks on the proposed Lot 1A, and it was determined that the tanks meet the minimum distance from the lot line of Lot 2A, as per the 2009 International Fire Code. She stated that staff recommends approval of the amended plat through Resolution No. 24, Series 2014, with two conditions. Councilmember Lucero moved that Council approve the amended plat of Lots 1 and 2 of the Rent- All-Rentals Minor Subdivision, as submitted by property owners Kenneth and Tamara Mahaffey, through Council Resolution No. 234, Series 2014, with two conditions. 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 d. Above Ground Fuel Tank Upgrade Contract. Director of General Services Smith stated that the City recently purchased the Four Corners property located next to the Service Center and with the property came two above ground 10,000 gallon fuel tanks and a containment system. He stated that the tanks were considered mining tanks and did not fall under the jurisdiction of the State Division of Oils. He stated that the City desires to make the tanks useful to the City fleet and to bring them into full compliance with the State regulations. He stated that the State regulations require an approved engineer to test and evaluate the tanks to determine if the tanks can be made compliant. He stated that the City contracted with an engineer and his report indicates that the tanks can be brought into full compliance. He stated that the regulations and approval process requires a State approved fuel tank contractor to perform all the work on the tanks and a follow-up engineer’s stamp of approval before the tanks can be put into service. He stated that once the tanks are approved the CITY COUNCIL REGULAR MEETING NOVEMBER 11, 2014 PAGE 4 City would move the diesel fueling to the new tanks and the current tanks located at the City Service Center would be used for unleaded fueling. In answer to a question from Councilmember Lucero, Director of General Services Smith stated that the investment in upgrading the tanks is worth it, as it would be much more for new tanks. City Manager Hale stated that the return on investment would be approximately eight years so it will pay for itself long term. Councilmember Archibeque moved that Council award the above ground fuel tank upgrade to the State approved contractor – Advanced Petroleum Repair LLC, in the amount of $61,504.00. 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 e. Appointment to the Cortez Historic Preservation Board. City Manager Hale stated that Planning and Zoning has a representative that serves on the Cortez Historic Preservation Board and with the resignation of Ric Plese from the Planning and Zoning Board, it therefore left a vacancy on the Cortez Historic Preservation Board, as Mr. Plese had been the serving representative. City Manager Hale stated that Danny Giannone had volunteered to serve as the Planning and Zoning representative and the Planning and Zoning Board unanimously approved the recommendation to Council of the appointment. Councilmember McLaughlin moved that Council appoint Danny Giannone to serve on the Historic Preservation Board, as recommended by the Planning and Zoning Commission. 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 f. Cancel Council Meeting on December 23, 2014. City Clerk Smith stated that the second Council meeting in December has traditionally been cancelled due to the holiday. Mayor Pro-tem Keel moved that the Council meeting on December 23, 2014, be canceled. 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 Mayor Sheek noted that she would be absent from the November 25, 2014, as she would be out-of- town. g. Resolution No. 25, Series 2014. Director of Planning and Building Sackett stated that Resolution No. 24, Series 2014, supports the application for a grant between the City of Cortez and the State of Colorado, acting by and through the State Historical Society, also known as the Colorado Historical Society. She stated that the City received designation from the National Park Service as a Certified Local Government (CLG) in 2010 and since that time the City has received several grants that have been used to inventory historic properties in the community. She stated CITY COUNCIL REGULAR MEETING NOVEMBER 11, 2014 PAGE 5 that matching money is not required for the grants which have previously been used to complete surveys of the properties on Montezuma Avenue and North Street, within the Original Townsite of Cortez. She stated that a new grant application is complete and, with Council’s approval, would be submitted to the State by November 17, 2014. She stated that the grant would be used for inventory of properties on Main Street (approximately 28 structures) and would total $15,300.00. Linda Towle, Chairperson of the Cortez Historic Preservation Board, stated that, thanks to Council waiving the fee for registering with the City, there has been a 40% success rate for the properties that are eligible for the designation to be added to the City register. She stated that discussion is currently being held on the possibility of designating a Historic District on Montezuma Avenue. She commented that the median on Montezuma Avenue was designated as a Historic Site in 2000; however, the designation did not include any of the houses. In answer to a question from City Manager Hale, Chairperson Towle stated that no one has applied for the State or National Register as a result of the surveys; however, the Montezuma Valley National Bank Building and Ertel’s Funeral Home are both registered on the National Register. She stated that the City’s priority is to have as many of the eligible homes as possibly be designated on the City register and at a future date, possibly the properties could apply for designation as historic on the State Register. She noted that Main Street properties have a lot of potential for State recognition. Council thanked Ms. Towle for her work on the grants and her service to the board. Mayor Pro-tem Keel moved that the Council approve Resolution No. 25, Series 2014, supporting the application for a grant between the City of Cortez and the State of Colorado, acting by and through the State Historical Society, also known as the Colorado Historical Society. 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. ADDITIONAL CITIZEN PARTICIPATION – None. 10. OTHER ITEMS OF BUSINESS a. Council adjourned at 8:05p.m. to discuss a personnel matter under C.R.S. Section 24-6- 402(2)(f) and not involving: any specific employees who have requested discussion of the matter in open session, any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees. Council returned to the regular meeting at 8:55 p.m. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT – None. 13. CITY COUNCIL COMMITTEE REPORTS CITY COUNCIL REGULAR MEETING NOVEMBER 11, 2014 PAGE 6 a. Mayor’s Report on Workshop. Mayor Sheek stated that during the workshop an Executive Session was held for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(3). She stated that Noel Cooley, new Manager of the Welcome Center was introduced, and budget presentations were completed for the Welcome Center, Human Resources, City Clerk, Finance, City Manager, City Council, and Grant Administration. b. Cortez Historic Preservation Board. Mayor Pro-tem Keel stated that the Cortez Historic Preservation Board discussed the application of the grant which was previously reviewed by Council during New Business. c. Montezuma County Economic Development Association (MCEDA). Councilmember McLaughlin stated that discussion during the MCEDA meeting included the organization of a committee to look at the structure of the organization and where the board will go in the future. d. Thanks to our Veterans. Council thanked all the Veteran’s for their service. The regular meeting was adjourned at 9:00 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk