City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 27, 2015 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 General Services Rick Smith, Director of Planning and Building Kirsten Sackett, Director of Public Works Phil Johnson, Patrol Officer Boyd Neagle, Detective Tom Quinnett, Chief of Police Roy Lane, Building Official Sam Proffer, City Clerk Linda Smith, City Manager Shane Hale, and City Attorney Mike Green. There were 19 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 January 13, 2015. b. Approval of the payment of the Expenditure Vouchers of January 27, 2015. c. Approval of a renewal Hotel and Restaurant Liquor License for Jetty Inc., DBA Elm Street Tavern, located at 200 West Main Street, Cortez. d. Approval of a renewal Hotel and Restaurant Liquor License for Lakeside Lanes Inc., DBA Lakeside Lanes, located at 410 Lakeside Drive, Cortez. e. Approval of a renewal Hotel and Restaurant Liquor License for El Burro Pancho LLC, DBA El Burro Pancho, located at 125 East Main Street, Cortez. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure list totaling $25,896.38. 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. Lighting and Sidewalks for New High School Area. Gerald Vincent, 412 North Henry, stated that he has concerns about public safety, specifically in regard to the students that will attend the new high school when it is complete. He spoke about the lack of adequate sidewalks and street lighting in the area and noted that he is confident there will be a solution for the issues with the City and Empire Electric working together. He stated that the sidewalks and lighting are necessary to help with pedestrian traffic and prevent accidents that may occur without the amenities. He stated that he is proud of the community for voting to have the new high school built, but noted that a safe CITY COUNCIL REGULAR MEETING JANUARY 27, 2015 PAGE 2 environment for the area needs to be provided as well. He also noted that in the future, all the schools should be inspected to be sure that they have the required sidewalks and street lights needed for their safety as well. He asked that once Council has an opportunity to review the request, he would like to receive a response. 5. PUBLIC HEARINGS a. Review of a Retail Marijuana Store and Retail Marijuana Cultivation Facility for David Krzysztofiak LLC, DBA The Herbal Alternative. Mayor Sheek noted that the review of a retail marijuana store and retail marijuana cultivation facility for The Herbal Alternative, located at 1531 Lebanon Road, is being presented as a Quasi-Judicial item. She noted that Council is welcome to ask questions as staff members and the applicant make their presentations. Mayor Sheek opened the public hearing. Chief of Police Lane stated that Detective Quinnett visited the Herbal Alternative premises on Monday, January 26, 2015, and found everything to be in compliance and he noted that the Police Department has no objection to Council approving a Retail Marijuana Store and Retail Marijuana Cultivation Facility for the applicant. In answer to a question from City Manager Hale, Chief of Police Lane stated that all the requirements of the Police Department, including surveillance and access, are in compliance. Director of Planning and Building Sackett stated that the premises meets the requirements in regard to distance from any public, private, or charter school, licensed day-care facility, licensed pre-school, medical marijuana dispensary, or other retail marijuana business. She stated that the facility is located within the Commercial Highway Zoning District. Building Official Proffer stated that all the necessary building code compliance measures have been completed at the facility. He stated that the only outstanding item for the applicants to complete is the Change of Occupancy permit for the change of use to allow a retail sales and cultivation in the building and pay the $66 fee for the permit. Garrett Smith thanked staff for working with them on the application and invited Council to visit anytime. Mayor Sheek opened the session for any public comments; however, no one spoke and the hearing was closed. Councilmember Butler recused himself from the vote. Councilmember Price moved that Council approve the application for the Retail Marijuana Store and Retail Marijuana Cultivation Facility for David Krzysztofiak LLC, DBA The Herbal Alternative, located at 1531 Lebanon Road. 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 *Councilmember Butler recused himself from the vote. b. Review of a Retail Marijuana Store for Beacon Wellness Group, DBA The Beacon. Mayor Sheek stated that the review of the Retail Marijuana Store for Beacon Wellness Group, DBA The Beacon, located at 1740 East Main Street No. 2, is also a Quasi-Judicial item. Councilmember Butler recused himself from the discussion and vote. Chief of Police Lane stated that Detective Quinnett completed an inspection of The Beacon on Monday, January 26, 2015, and the facility passed inspection other than some cameras that need to be re-positioned. Planning and Building Sackett stated that The Beacon facility meets the requirements in regard to distance from any public, private, or charter school, licensed day-care facility, licensed pre-school, medical marijuana CITY COUNCIL REGULAR MEETING JANUARY 27, 2015 PAGE 3 dispensary, or other retail marijuana business. She stated that the facility is located within the Commercial Highway Zoning District. Building Official Proffer stated that The Beacon is in the process of remodeling the interior of the building to meet the requirements to allow for a retail store and has not completed the remodeling as of the last inspection which was completed on January 26, 2015. He stated that most of the remodeling had to do with handicapped accessibility. He stated that until an inspection can be done and verification can be made that the changes have been completed, a Certificate of Occupancy cannot be granted. He stated that the process should not take too much longer to complete. City Manager Hale stated that one of the recommendations that was available to Council was to approve the application with conditions. He stated that if Council would like, they could approve the retail marijuana store for The Beacon once the Certificate of Occupancy is issued by the Building Department. In answer to a question from City Attorney Green, Building Official Proffer stated that The Beacon has already completed the Change of Use for the facility when they applied for the new building permit. Building Official Proffer explained that a Certificate of Occupancy is the document for future rehabilitation and if anyone wants to remodel their premises, the Certificate of Occupancy would outline what the parameters are for the current use of the premises. Paul Coffey, owner of the Beacon Wellness Group, stated that he would appreciate Council approving his application once the Certificate of Occupancy is granted by the City. Mayor Sheek opened the session for public comment; however, no one spoke and the hearing was closed. Mayor Pro-tem Keel moved that Council approve a Retail Marijuana Store for Beacon Wellness Group, DBA The Beacon, located at 1740 East Main Street No. 2, contingent upon a Certificate of Occupancy being issued by the City 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 *Councilmember Butler recused himself from the discussion and vote. 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. 2015 Joint Chemical Bid. Director of General Services Smith introduced the Town Managers from Mancos and Dolores and noted that their communities are included in the Joint Chemical Bid. He stated that the Joint Chemical Bid also includes Montezuma Water Company, Town of Dolores, Town of Mancos, and the City of Cortez. He stated that by combining the chemicals used by the various plants, it allows all the participants to realize cost savings. He stated that each entity awards the chemicals used by their plants and are responsible for purchase offers and payments over the course of the award. He stated that the bid, which was open on January 16, 2015, received nine responses and the City has awarded each item on an individual basis to take advantage of the best price per item. He stated that the City’s total bid award would be $136,190.00. In answer to a question from Councilmember Price, Director of Public Works Johnson stated that the City does not put fluoride in their water though there is some natural fluoride in the ground water. CITY COUNCIL REGULAR MEETING JANUARY 27, 2015 PAGE 4 Councilmember Archibeque moved that the 2015 Joint Chemical Bid be awarded to the individual highlighted vendors for a City of Cortez award of $136,190.00. 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. Resolution No. WE-2015-1, Series 2015. City Manager Hale stated that the City will be replacing the water meter infrastructure this year and will be upgrading to the automated meter reading technology. He stated that the project will be funded through loans, grants, and funds on hand; however, the meters would need to be replaced in approximately 20-25 years. He stated that staff would like to recommend that a Water Meter Replacement Reserve be set up so the City can keep accurate and efficient meters in the City’s water system and an outside resource would no longer be needed to replace the meters in future years. Director of Public Works Johnson stated that today he received word that the City was granted a Colorado Water Conservancy loan totaling $908,500. He stated that the City also applied for a $200,000 grant through the Department of Local Affairs (DOLA); however, at this time, it is not known if the City will receive that grant or not. Director of Public Works Johnson stated that if the grant from DOLA is received, it would reduce the amount that would be obtained from the Colorado Water Conservancy Board. City Manager Hale thanked Director of Public Works Johnson and Grant Administrator Chris Burkett for putting together the grant package and noted that the City of Cortez is the first entity to receive a grant for water meter replacement. In answer to a question from Mayor Pro-tem Keel, City Manager Hale stated that the City should hear soon if they will be receiving the grant from DOLA. Councilmember McLaughlin moved that Council approve Resolution No. WE-2015-1, Series 2015, reserving a portion of the retained earnings within the City of Cortez Water Enterprise, to be set aside for water meter replacement. 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 c. Grant Extension Agreement with the Orton Family Foundation. Director of Planning and Building Sackett stated that during the Heart & Soul project, the Community Advisory Team (CAT) worked with the community to identify what people valued most about Cortez, and a draft Community Action Plan has been created. She stated that the Community Action Plan has not been formally adopted; however, the results of the plan have been shared with the Orton Family Foundation. She stated that, in their desire to help the City implement some of the ideas, the Orton Family Foundation has offered an additional $25,000 and has asked the City to explain what projects the money would be spent on and how those projects were selected. She stated that the City did not finish the projects by the end of 2014; however, the Foundation has offered to give the remaining $12,500 to the City to complete the projects in 2015. She stated that, through Council approval, the current contract would be extended through August 31, 2015, with Tracie Hughes listed as the Grant Manager and Rocky Moss listed as the contact person for the grant. She spoke about the match which the City has already provided through several projects such as the South Broadway Beautification Plan and the gateway signs which will be implemented in 2015. She CITY COUNCIL REGULAR MEETING JANUARY 27, 2015 PAGE 5 spoke about the projects that have been completed through the Heart & Soul Project and the ones left to complete. City Manager Hale stated that the Land Use Code re-write will be the biggest legacy from the Heart & Soul project and will include the community values which were received throughout the three-year accumulation of information. Councilmember Butler moved that Council authorize the City to enter into a Grant Extension Agreement with the Orton Family Foundation for the purpose of completing the Heart & Soul implementation projects, as outlined in the Implementation Grant Request, in the amount of $12,500. 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 Mayor Sheek thanked Director of Planning and Building Sackett for all her work for the City of Cortez and congratulated her on her new job. Director of Planning and Building Sackett stated that she will miss Cortez and has enjoyed her time here. d. Independent Contractor Agreement with Moss Consulting LLC. Director of Planning and Zoning Sackett stated that Rocky Moss currently has a contract with the City and has been working as the Project Coordinator for the Cortez Heart & Soul Project. She stated the City’s contract with Ms. Moss was to expire on January 31, 2015, due to the project originally scheduled to be finalized by December 31, 2014; however, since the contract with the Orton Family Foundation has been extended through August 2015, then Ms. Moss’ contract would need to be extended as well. She stated that the contract with Ms. Moss would be extended through December 2015 and she noted that Ms. Moss would be paid through grant funding. Councilmember Archibeque moved that Council authorize the City Manager to enter into an Independent Contractor Agreement with Moss Consulting LLC, for the purpose of acting as Project Coordinator for the Cortez Heart & Soul Project through December 31, 2015. 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 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. ADDITIONAL CITIZEN PARTICIPATION – None. 10. OTHER ITEMS OF BUSINESS a. Intergovernmental Agreement with the Colorado Department of Transportation. City Manager Hale stated on Friday, he received information that the Colorado Department of Transportation (CDOT) would be contributing funds to cover the cost of the US 160 Cortez Complete Streets Access Management Plan. He stated that the Access Control Plan would be completed from Maple Street to Patton Street and the information that will be obtained from the study will help determine speed limits as well as improvements that can be done along the Main Street corridor. He stated CITY COUNCIL REGULAR MEETING JANUARY 27, 2015 PAGE 6 that the project would take approximately a year to complete and staff would like to move the project forward, which is the reason for adding the item to the agenda at such late notice. He stated that the project funding is split between the City of Cortez and CDOT and was budgeted in the Street Capital Fund with a maximum amount payable of $68,270.50. In answer to a question from Mayor Pro-tem Keel, Director of Public Works Johnson stated that part of the process will be mostly fact gathering and public meetings will be held to have people/businesses offer their input on the management plan and the City can adopt what they feel is the best fit for the community. Councilmember McLaughlin moved that Council authorize Shane Hale, City Manager, to sign the Intergovernmental Agreement with CDOT to contribute funds that will cover the cost of the US 160 Cortez Complete Streets Access Management Plan. 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 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT a. Colorado Municipal League (CML) Conference. City Manager Hale stated that the CML Conference would be held June 16-19, 2015, in Breckenridge. He stated that Councilmembers that would like to attend, need to get their reservations in sooner rather than later so the City can reserve the rooms for their stay. b. Navajo Nation Human Rights Commission. City Manager Hale stated that the Navajo Nation would be hosting a forum in Cortez on Wednesday, February 4, 2015, in the City Council Chambers from 10:00 a.m. to 3:00 p.m. He stated that the discussion will include how the Navajo citizen’s relationships are in the border towns and the public is invited to attend. He stated that the Bridge Emergency Shelter would be hosting a lunch for members of the Navajo Nation Human Rights Commission as well on that day. He noted that Council is invited to also attend the lunch if they would like. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the worksession, Patrol Lieutenant Andy Brock presented information on his attendance at the FBI Academy. She noted how complimentary he was to the City of Cortez Police Department. City Manager Hale thanked Patrol Lieutenant Brock for attending the academy and the sacrifice he gave leaving his family to attend the 11 week academy. Mayor Sheek stated that Council held an 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). b. Parks, Recreation, and Forestry Advisory Board. Councilmember Butler stated that discussion at the Parks, Recreation, and Forestry Advisory Board included the location of the memorial site for the George Geer Natural Area, which will include a flag pole lit by a solar power light and CITY COUNCIL REGULAR MEETING JANUARY 27, 2015 PAGE 7 ADA trails. He stated that discussion included the location of a new fishing dock that may be placed at the pond in the Geer Natural Area. The Arbor Day date of April 24, 2015, was announced. Councilmember Butler stated that discussion was also held on the plaques which are placed on the memorial benches in the park. c. Mesa Verde Country Tourism Board. Councilmember McLaughlin stated that new Director Kelly Kirkpatrick has begun with Mesa Verde Country and she will be a great addition to the program. d. Time Capsule for New High School. Mayor Pro-tem Keel stated that he has received two City of Cortez Centennial Coins for the time capsule that will be placed at the new high school and noted that he is still taking items if anyone would like to place something in the capsule. Mayor Pro-tem Keel stated that he has also included a City of Cortez pin and a copy of the Constitution. The regular meeting was adjourned at 8:40 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk