City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 10, 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 Planning and Building Kirsten Sackett, Planner Tracie Hughes, Director of Public Works Phil Johnson, Library Director Eric Ikenouye, 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 12 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 27, 2015. b. Approval of the payment of the Expenditure Vouchers of February 10, 2015. c. Approval of a Temporary Liquor License Permit for a Transfer of Ownership for the Giant Store No. 2, located at 921 East Main Street, Cortez. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure list totaling $14,544.24. 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. Compliant on Issuance of Ticket. Mark Martinez, 611 South Valley Road, thanked Council for the time they devote and also noted that losing Kirsten Sackett will be a big loss for the City. He commented on the possibility of the City issuing a warning instead of a ticket when there is a violation in Municipal Court. He stated that he has a ticket with multiple charges and it could have been handled differently and that one of the issues is he needs his bobcat on his six acres to help keep it maintained. He stated that he could enlighten Council more on the issues at another time. 5. PUBLIC HEARINGS a. Review of a Retail Marijuana Store for The Medicine Man LLC. Mayor Sheek noted that the review of a retail marijuana store for The Medicine Man LLC, DBA The Medicine Man, located at 310 East Main Street, is being presented as a Quasi-Judicial item. She commented that if any Councilmember has discussed this topic with anyone to disclose that conversation, so a CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2015 PAGE 2 determination can be made as to whether the Councilmember should participate in the discussion and vote. Mayor Sheek opened the public hearing. Chief of Police Lane stated that Detective Quinnett did a walk-through of the Medicine Man premises on January 26, 2015, and had made a few suggestions which were fixed right away. He stated that the Police Department has no objection to issuing the license. Director of Planning and Building Sackett stated that Medicine Man meets the distance and zoning requirements for a retail marijuana business. Building Official Proffer stated that a couple of changes which were made to the interior of the building needed to be reflected on the final documents and have been approved by the Planning and Building Department. He stated that once the hard copies are received, the Planning and Building Department would be ready to issue the permit and finalize the new occupancy of the building to a 21 and Over Retail Store. In answer to a question from City Attorney Green, Building Official Proffer stated that the process is the same in regard to the Change of Use that the other marijuana facilities have had to complete. City Attorney Green stated that staff recommends approval with the condition that Medicine Man complete the requirements of the Planning and Building Department. Building Official Proffer stated that he has no problem with the approval and that once the final hard copy is received with the changes that have been requested, he would issue the new Certificate of Occupancy. Chris Wolfe and Sherry Garcia, representing Medicine Man, noted that the Change of Use Permit has been paid for and the architect has e-mailed all the documents and the hard copy is the only part that needs to be delivered. Building Official Proffer commented that he does have an electronic version of the plan; however, the architect has been asked to include some additional information on the final hard copy. Mr. Wolfe stated that he feels that there is a disconnect with staff and commented on the how the review process was handled for the final plans. He commented that several attempts have been made to contact Mr. Proffer, none of which were returned. He stated that if it is a formality of a hard copy file over an electronic file, that Council take that into consideration and let them open while the paperwork is being completed. Mr. Wolfe spoke about the exciting stuff happening in the marijuana industry and that he hopes it will affect the local economy as well. Sherry Garcia emphasized that their business has paid for all the permits and licensing and their sales tax is current. She stated they have passed all the inspections and are in compliance and asked they be approved. Mayor Sheek commented that she appreciates that the facility has been upgraded and brought into compliance. No one from the public spoke and the public hearing was closed. In answer to a question from Mayor Pro-tem Keel, City Manager Hale stated that the hard copy of the plans would include changes which were asked to be clarified on the premises. Director of Planning and Building Sackett stated that regardless of the use of a building, a Certificate of Occupancy is required. Building Official Proffer stated that a lot of the information on the project has been completed by phone calls and e-mails. Mayor Sheek asked if the applicant drives to Durango and picks up the required paperwork from the architect would they be able to open Wednesday afternoon or Thursday morning. Building Official Proffer stated that, depending upon when the paperwork is brought in and his inspection workload, he may be able to issue the Certificate of Occupancy by Wednesday afternoon. Councilmember Price moved that Council approve the application for the Retail Marijuana Store for The Medicine Man LLC, DBA The Medicine Man, located at 310 East Main Street, contingent CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2015 PAGE 3 upon the final paper work being submitted that would allow for the Certificate of Occupancy to be issued. 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. Review of a Retail Marijuana Store for DO Cortez, LLP. Mayor Sheek stated that the review of the Retail Marijuana Store for DO Cortez, LLP, DBA Durango Organics, located at 1104 East Main Street, is also a Quasi-Judicial item. Mayor Sheek opened the public hearing. Chief of Police Lane stated that Detective Quinnett has completed an inspection of Durango Organics and the Police Department has no objections with the issuance of their license for a retail marijuana store. Director of Planning and Building Sackett stated that the premises meets the distance requirements and it is located in the correct zoning district. Building Official Proffer stated that the owners will be making a few changes to their premises and currently has submitted two different scenarios. He stated that the plans would need to be reviewed by Detective Quinnett and himself prior to the issuance of the Certificate of Occupancy for a Change of Use of the premises. No one spoke and the public hearing was closed. Mayor Pro-tem Keel moved that Council approve a Retail Marijuana Store for DO Cortez, LLP, DBA Durango Organics, located at 1104 East Main Street, contingent upon a Certificate of Occupancy being issued for the Change of Use. 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. Intergovernmental Agreement (IGA) with the Cortez Sanitation District. Director of Public Works Johnson stated that the City of Cortez and the Cortez Sanitation District will be combining their efforts in 2015 to replace water and sewer mains in Paradise Village. He stated that upon completion of the project, the City will be repaving the streets in the subdivision. He stated that the IGA is being considered to create an efficient overall project while minimizing the impact to residents within the Paradise Village Subdivision. He stated that the construction of both sewer and water systems concurrently also offers time and money savings for each entity. He stated that the IGA will provide for property construction, oversight, and completion of the project and has been approved by the Cortez Sanitation District. He stated that the money for the project has been budgeted in the Street Capital Fund and the Water Capital Project Fund. Mayor Sheek thanked the Sanitation District for working together with City on the IGA for the good of all citizens. Councilmember Archibeque moved that the Mayor be authorized to sign the Intergovernmental Agreement with the Cortez Sanitation District for the planning, bidding, and construction of infrastructure in the Paradise Village Subdivision. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2015 PAGE 4 Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes b. Montezuma County Zoning Request for Heavy Industrial Zoning for Property Located at 25716 Road L. Councilmember McLaughlin recused herself from the discussion and vote. Director of Planning and Building Sackett stated that on January 22, 2015, the County Planning Commission reviewed a County request for Heavy Industrial zoning for property located at 25716 Road L. She stated that the property is located next to the City’s 80-acres that was recently purchased and annexed into the City. She stated that 60 acres was set aside for the SPC George Geer Natural Area, and the other 20 acres was zoned Industrial. She stated that the information was not received from the County prior to the City’s Planning and Zoning Commission meeting held in January; therefore, the Planning and Zoning Commission was not able to review the request until the February 3, 2015, meeting. She stated that she and City Manager Hale attended the County Planning and Zoning meeting on January 12, 2015, and noted that a favorable recommendation was made by the County Planning Commission to the County Commissioners with the comment that it was important to receive a recommendation from the City prior to the County Commissioners review which has been scheduled for February 23, 2015. Director of Planning and Building Sackett spoke about the various zones in the surrounding neighborhood and stated that the City is suggesting the property be zoned Light Industrial rather than Heavy Industrial. She stated that the applicants indicated at the City’s Planning and Zoning meeting that they would like to use the property for the storage of their large equipment used for their business. Planner Hughes spoke about the discussion held at the City’s Planning and Zoning meeting and she noted the uses-by-right that would be allowed if the property was zoned Heavy Industrial. She stated that the City does not feel some of those uses-by-right are compatible with the area. She stated that the Planning and Zoning Commission recommended that a letter be sent to the County Commissioners asking that the Heavy Industrial Zone be denied and a Light Industrial Zone be allowed for the property with the opportunity for the applicants to receive a special use permit to store heavy equipment on the property. City Manager Hale stated that a Heavy Industrial Zone fits the request that the applicants have to the County; however, the County Planner has indicated that if Light Industrial Zone is applied to the property, that a Special Use Permit/High Impact Permit could be allowed in the zone to fit the needs of the heavy equipment storage. He stated that the City is supportive of the applicants desire to use their property as they have indicated as it would fit the City’s Industrial Zone uses; however, the County’s Heavy Industrial Zone allows more uses than the City’s Industrial Zone would allow, which is the reason for the Light Industrial Zone recommendation. Dave Waters, 16415 CR 21.4, stated that they are applying for a Heavy Industrial Zone as that is the zoning required for their business. He stated that they have no control over the City zoning matching the County zoning. Mayor Sheek asked, if a Light Industrial Zone were granted and the County gave them a permit to use the property for their business as they stated, would that work for them. Mr. Waters stated that he would like to know the conditions of the permit, but that may be acceptable. Mr. Waters explained that the City would have another opportunity to comment on the use of the property after the zoning is approved. City Manager Hale commented that once the zoning is set it will be hard for the County to not allow the use which would be a use-by-right; however, they could put conditions on the use. Mr. Waters commented that they want to do the same thing that the City is doing on their property next door, though he does not know what the future would bring. Mayor Sheek stated that she attended the City’s Planning and Zoning meeting CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2015 PAGE 5 and feels the comments made were that the City wants to maintain the property surrounding the trails in a way that there is not something put in that no one wants there. Candace Brantner, 25407 CR L, stated that she has lived in her home for 26 years, and noted that her property is directly located across from the old gravel pit, which is now City property, and two blocks from the property which the Waters are purchasing. She stated that she would urge City Council to recommend to the County Commissioners that the Heavy Industrial Zone does not fit with the rural residential area. She stated that a Light Industrial Zone would be a better fit and noted that if the Waters sold their property someday with a High Industrial, it could jeopardize the area. She noted that a Heavy Industrial Zone could bring pollution and noise which would cause issues with the beautiful wet lands and trails which are being created in the area. She spoke about the issues with the Montezuma County Commissioners in the past not upholding the High Impact Permit which was issued previously to the gravel pit. Councilmember Price moved that Council authorized the Mayor and the Planning Commissioner Chairman to provide a recommendation that Heavy Industrial Zoning for the property at 25716 Road L is not compatible with the surrounding neighboring properties, with a further recommendation that the County Commissioners consider allowing zoning for Light Industrial uses on the subject property. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes No Yes * Yes Yes *Councilmember McLaughlin recused herself from the discussion and vote. c. Appointment to Library Advisory Board. Library Director Ikenouye stated that Carolyn Goff has submitted a letter of interest to become a member of the Library Advisory Board. He stated that she was a teacher at Mesa Elementary School and has previously served on the Library Advisory Board. He stated that there are a lot of projects that the board would like to accomplish this year and it will help to have a full board. Mayor Sheek stated that Ms. Goff is an avid reader and realizes the value of the Library. She noted that she is a personal friend and asked if she should recuse herself from the vote; however, it was decided she would not have to recuse herself. Councilmember McLaughlin moved that Council appoint Carolyn Goff to the Library Advisory Board. 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 CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2015 PAGE 6 a. Thank You to and from Kirsten Sackett. Ms. Sackett noted as a citizen that she appreciates everything that Council does, and she knows that a lot of thought and compassion is put into each decision that is made. She stated that as a staff member she has enjoyed her nine years working with Council and has enjoyed sharing the information that she has had with Council and the community. Council noted that Ms. Sackett will be greatly missed. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT a. Golf Course Water/Bike Program. City Manager Hale stated that the water was turned on at the golf course and the golf course was packed on the first weekend of opening which was Friday, February 6, 2015. He stated that, as part of the City’s Wellness Program, the City received four employee bikes and the employees are enjoying the opportunity to ride them. He stated that the bikes are located at City Hall, Library, Service Center, and the Recreation Center. He stated that the Police Department did not initially receive a bike for their building; however, after several employees saw the new bikes, the Police Department decided they would like to have one as well. He stated that an additional bike has been ordered for the Police Department. He stated that he will be attending the CML Legislative Workshop in Denver on February 12, 2015, and will give an update to Council on his return. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the worksession Council was introduced to three new Police Department employees, Dispatchers Steven Bogott, Taylor Marsell, and Katelyn Sitton, and two employees recently promoted Compliance Officer Boyd Neagle and Detective Lieutenant Ryan Loyd. Also, a presentation was made by Dick Rudolph on urban blight and an update was given by Code Enforcement Bob Lindvall and Building Official Sam Proffer on code enforcement that has taken place over the past couple of years. She stated that a party was also given at the conclusion of the worksession in celebration of Kirsten Sackett’s farewell. b. Historical Preservation Board. Mayor Pro-tem Keel stated that discussion was held on possible boundaries for a future historical district and a meeting will be held at the Catholic Church on February 12, 2015, to allow people from the neighborhood to hear the details of creating a historic district. The regular meeting was adjourned at 8:35 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________________ CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2015 PAGE 7 Linda L. Smith, City Clerk