City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 25, 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 Pro-tem Ty Keel, Bob Archibeque, Tom Butler, Mayor Pro- tem Ty Keel, Orly Lucero, Shawna McLaughlin and Jim Price. Mayor Karen Sheek was absent. Staff members present were Director of Planning and Building Kirsten Sackett, Director of Parks and Recreation Dean Palmquist, Director of Finance Kathi Moss, Detective Lieutenant Jim Kingery, Deputy City Clerk Sara Coffey, City Manager Shane Hale, and City Attorney Mike Green. There was one person 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 November 11, 2014. b. Approval of the payment of the Expenditure Vouchers of November 25, 2014. c. Approval of a renewal Hotel and Restaurant Liquor License for Food 4 U Inc., DBA Lotsa Pasta, located at 1020 South Broadway, Cortez. Councilmember Lucero moved that Council approve the Consent Agenda, with the additional expenditure list totaling $8,798.37. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes absent 3. PRESENTATIONS a. Geer Natural Area Update. Director of Parks and Recreation Palmquist introduced Paul Adams and stated that Mr. Adams has been instrumental in the development of the Geer Natural Area trail project. Mr. Adams gave Council an update on the trail system and noted that there are approximately 8 ½ miles of trails that have been developed in the Geer Natural Area and on leased property owned by Keith Evans. He stated the trails accommodate both hikers and bikers. He reviewed the trails that are proposed for future development and stated that signs are currently being installed to direct the users of the trails. Discussion was held about the wetlands by the Four Corners property that was recently acquired by the City and it was noted that a plan would be required to be approved by the Corp of Engineers, prior to trail work being completed in that area. City Manager Hale noted that dedication of the Geer Natural Area is projected to be held on Memorial Day in 2015 and noted that the project has come together thanks to the many volunteers. Mayor Pro-tem Keel stated that everyone is humbled that the property is named after one of our own military service men (SPC George Raymond Geer) and he thanked all the citizens and staff that volunteered to bring the Geer Natural Area together. CITY COUNCIL REGULAR MEETING NOVEMBER 25, 2014 PAGE 2 b. Citizen Recognition. Mayor Pro-tem Keel honored Paul Adams for his dedication to the trail system that has been developed at the Geer Natural Area and proclaimed him as an outstanding volunteer for the City of Cortez. He stated that, “on behalf of the citizens of Cortez, thank you for all of your efforts for a job well done.” Mr. Adams was also presented with some gifts and a Certificate of Appreciation. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS a. Ordinance No. 1197, Series 2014. Mayor Pro-tem Keel stated that Ordinance No. 1197, Series 2014, amends the distance requirements for medical and retail marijuana establishments in the Cortez City Code and in the Cortez Land Use Code. City Attorney Green stated that the ordinance removed parks from the distance requirements. Mayor Pro-tem Keel opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Lucero moved that Ordinance No. 1197, Series 2014, amending the distance requirements for medical and retail marijuana establishments, be approved. Councilmember Price seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes absent 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Ordinance No. 1195, Series 2014. Director of Finance Moss stated that Ordinance No. 1195, Series 2014, appropriates supplemental funds, rectifying budgeted excesses, and making budget revisions for the 2014 fiscal budget. She reviewed the revised budget information by each fund and stated that the 2014 Budget was reduced by $2,838,005 due to capital projects that were deferred to 2015. She stated that staff recommends approval of Ordinance No. 1195, Series 2014, on first reading and that the ordinance be set for public hearing on December 9, 2014. Councilmember Archibeque moved that Ordinance No. 1195, Series 2014, be approved on first reading, appropriating supplemental funds, rectifying budgeted excesses, and making budget revisions for the 2014 fiscal budget, and a public hearing be set for December 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 absent b. Ordinance No. 1196, Series 2014. Director of Finance Moss stated that Ordinance No. 1196, Series 2014, is the annual appropriation ordinance for the 2015 Budget and sets the mill levy on the assessed valuation of all taxable property within the corporate limits of Cortez. She stated that as per the City Charter and the Statutes of the State of Colorado a budget must be approved for the CITY COUNCIL REGULAR MEETING NOVEMBER 25, 2014 PAGE 3 next ensuing year and the mill levy must be certified to the County Assessor by December 15, 2014. She noted that the mill levy would be assessed as per TABOR limitations at 1.28 and the 2014 Budget totals $29,628,024. Each fund was reviewed in detail and Director of Finance Moss stated that the City is in great financial positon. She stated that the budget has been posted on the City’s website for the public to view. She stated that staff recommends approval of Ordinance No. 1196, Series 2014, on first reading and a public hearing date be set for December 9, 2014. Councilmember Price moved that Council approve on first reading, Ordinance No. 1196, Series 2014, the annual appropriation ordinance for the fiscal year beginning January 1, 2015, and ending December 31, 2015, and a public hearing date be set for December 9, 2014. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes absent c. Cash-in-Lieu Option. Director of Planning and Building Sackett gave credit to Planner Tracie Hughes who wrote the memo for Council. She noted that Section 4.05 of the Land Use Code outlines the public land dedication requirements that must be reviewed when a new subdivision is proposed within the City of Cortez. She stated that the obligation of the developer shall be to dedicate to the City at least five percent (5%) of the gross land area, or other equivalent consideration, unless such a land dedication was required for the subject land at the time of annexation or waived by the City. She stated that in the instances where Council requires payment in lieu of land dedication, the money is put into a parks and recreation fund that is utilized for maintenance of existing City parks. She stated that the County Assessor’s office indicated that the five-year per-acre value through 2014 decreased to $10,993, down from $12,000 the previous two years. She stated that staff recommends rounding the per-acre average to $11,000, and that the per- acre fee would be calculated at $550. Councilmember Lucero commented that he likes that the five year average is being used for the calculation. Councilmember McLaughlin moved that Council approve the value of $11,000 per acre for the cash -in-lieu fee option to grant property for public land dedication, equating to a $550 per-acre fee as required in Section 4.05 of the Land Use Code. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes absent 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. ADDITIONAL CITIZEN PARTICIPATION – None. 10. OTHER ITEMS OF BUSINESS – None. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT CITY COUNCIL REGULAR MEETING NOVEMBER 25, 2014 PAGE 4 a. Golf Course Closure. City Manager Hale stated that the golf course will be open through Sunday, November 30, 2014, and will then close for the year. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Pro-tem Keel stated that during the workshop an update was given by Director of Public Works Johnson on the water plant possibilities and information was shared on beautification of the community in regard to entryway signs and art work. He stated that imaging updates of the City will be conducted in 2015 and an additional foreman position will be created at the golf course. He stated that an Executive Session was held 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). Council wished everyone a Happy Thanksgiving. b. Mesa Verde Country Tourism Board. Councilmember McLaughlin stated that April Ralph, Interim Director for the Mesa Verde Country Tourism Board, is getting acquainted with the ins and outs of the program. She stated that some members of the board have met with the Montezuma County Commissioners to get them more involved with what Mesa Verde Country has to offer the area. She stated that also some of the bylaws are being reviewed and will be updated. The regular meeting was adjourned at 8:10 p.m. ________________________________ Ty Keel, Mayor Pro-Tem ATTEST: ___________________________________ Sara Coffey, Deputy City Clerk