City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, MARCH 24, 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 Parks and Recreation Dean Palmquist, Planner Tracie Hughes, Chief of Police Roy Lane, City Clerk Linda Smith, City Manager Shane Hale, and City Attorney Mike Green. There were five 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 March 10, 2015. b. Approval of the payment of the Expenditure Vouchers of March 24, 2015. c. Approval of a renewal Hotel and Restaurant Liquor License for La Casita De Cortez LLC, DBA La Casita De Cortez, located at 332 East Main Street, Cortez. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure list totaling $15,489.77. 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 – None. 5. PUBLIC HEARINGS – None. 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Historic Designation of Three Properties Located within the “Original Townsite of Cortez” through Resolutions 4, 5, and 6, Series 2015. Planner Hughes stated that Resolution No. 4, 5, and 6, Series 2015, would approve the inclusion of three properties into the City of Cortez Register of Historic Structures, Sites, and Districts. She stated that the three properties are as follows: 142 East Montezuma Avenue, submitted by Ronald L. and Mary K. Everson; 130 East Montezuma Avenue, submitted by Rickie G. and Cynthia Foote; and 101 East Montezuma Avenue, submitted by Sharon K. Peterson. She stated that the City of Cortez was designated by the State as a Certified Local Government (CLG) in July 2010 and since that time the City has been awarded three separate CITY COUNCIL REGULAR MEETING MARCH 24, 2015 PAGE 2 CLG grants from the Colorado Historic Society for the purpose of conducting site surveys of potentially historic structures in Cortez. She stated that, of the 82 properties surveyed to date, 63 have been determined to be eligible for historic designation on the City’s Register of Historic Structures, Sites, and Districts. She stated that with the site surveys that were completed by Jill Seyfarth of Cultural Resource Planning, the eligible property owners have been able to go to City Council for consideration and currently there are 24 property owners that have received historic designation. She stated that in the past, applications submitted under the CLG grant site surveys have had the application fee of $75 waived and staff is recommending the three properties currently requesting the historic designation also receive the fee waiver. Councilmember Archibeque moved that Council approve Resolutions 4, 5, and 6, Series 2015 approving the inclusion of 142 East Montezuma Avenue, 130 East Montezuma Avenue, and 101 East Montezuma Avenue, in the City of Cortez register of Historic Structures, Sites, and Districts and waive the application fee of $75 for each application. 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. Support from the City for the Creation of a Historic District on Montezuma Avenue. Linda Towle, Chairman of the Historic Preservation Board, stated that with the addition of three more properties designated as historic, there are now 27 properties on the City’s Register of Historic Sites, Structures, and Districts. She stated that the Cortez Historic Preservation Board is now soliciting input about the creation of a local historic district on Montezuma Avenue and she reviewed a map that shows the properties that have received historic designation and the properties that are eligible for designation. She stated that Jill Seyfarth, who has completed the site surveys, has said that a historic district on Montezuma Avenue would be significant as the historic landscaped setting reflects the historic theme of the establishment and development of a planned, distinctive neighborhood in Cortez which was originally established in 1886. She noted that the City of Cortez Historic Preservation Ordinance states that nominations will not be approved for a historic district unless the application contains written approval from owners of at least 70% of the properties within the district boundaries. She spoke about the three options for the boundaries for a historic district on Montezuma Avenue and stated that the first option would be for the original townsite of Cortez which would be from Chestnut Street to half way between Ash and Washington Streets. She stated that the City owns the medians on Montezuma Avenue and Montezuma Park located on North Market/Montezuma Avenue and asked if the City would sign a form supporting the creation of a historic district on Montezuma Avenue. She stated that with the inclusion of the City’s two properties, only two more properties would be needed to meet the 70% requirement to create a historic district in the Original Townsite section. In answer to a question from Mayor Sheek, Ms. Towle stated that the Historic Preservation Board would be working through the Heart & Soul program this summer to host neighborhood meetings/ice cream socials to promote the historic district and, if more property owners supported the historic district, the district could be amended to increase the boundaries. City Manager Hale stated that the homeowners in the district will be affected by the designation and he would like as many as possible to support the designation prior to its approval. CITY COUNCIL REGULAR MEETING MARCH 24, 2015 PAGE 3 Mayor Pro-tem Keel moved that Council approve the support of the designation of Montezuma Avenue as a Historic District and allow the Mayor to sign support forms on behalf of the City of Cortez, as owner of Montezuma Park located at 15 West Montezuma Avenue, and the median on Montezuma Avenue from Chestnut Street to Harrison Street. 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 Ms. Towle stated that the City just received the award of a fourth CLG grant which will include surveys of property located on the north side of Main Street from Ash Street to Chestnut/Linden Street. She stated that the last time the properties on Main Street were surveyed and inventoried was in 1996. She stated that it is hoped that the south side of Main Street could be surveyed in 2016. c. Transfer of a State Retail Marijuana Store License and Transfer of Ownership of a Local Medical Marijuana Center/On Site Optional Premises Cultivation License. City Attorney Green stated that applications for both the State Retail Marijuana Store License and a Transfer of Ownership of a Local Medical Marijuana Center/On Site Optional Premises Cultivation License from Beacon Wellness Group has been completed. He stated that John Lord, owner of Green Kiwi 4, LLC, has applied for the Transfer of Ownership from Beacon Wellness Group, Paul Coffey. He stated that the background check has been completed on the owner and there are no issues. John Seckman, Senior Director for Green Kiwi 4, LLC, stated that he is in charge of business development, compliance, and audit for the business which is primarily located in Denver. He stated that prior to going to work for Green Kiwi, he was the agent in charge with the Colorado Marijuana Enforcement Division and understands the licensing and enforcement regulations. He thanked Council for the opportunity to do business in Cortez and promised to be good corporate citizens. In answer to a question from Mayor Sheek, Mr. Seckman stated that they are working on purchasing property across the street from their current location for their future store. City Manager Hale spoke about the City’s process which would be required for a change of location for the marijuana store and Mr. Seckman noted that they would begin remodeling the building once the agreement has been reached for the property. City Manager Hale noted that a measurement was completed by staff from the new high school to the proposed store location and the distance would exceed the 1,500 feet requirement. In answer to a question from Mayor Pro-tem Keel, Mr. Seckman stated that John Lord, is the sole owner of the business, and was not able to attend as he had a planned trip to visit his parents. Councilmember McLaughlin moved that Council approve a Transfer of Ownership of a Local Medical Marijuana Center/On Site Optional Premises Cultivation License from Beacon Wellness Group to Green Kiwi 4, LLC. 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 Councilmember McLaughlin moved that Council approve a transfer of a State Retail Marijuana CITY COUNCIL REGULAR MEETING MARCH 24, 2015 PAGE 4 Store License from Beacon Wellness Group to Green Kiwi 4, LLC. 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. Arbor Day Proclamation. Director of Parks and Recreation Palmquist stated that an Arbor Day Proclamation is completed each year to comply with Tree City USA requirements which the City of Cortez has been a member of for 23 years. He stated that the Arbor Day celebration is planned for Thursday, April 23, 2015, and is geared to the local 4th grade students. He noted that the celebration includes an educational poster and poem competition and prizes for the competition are donated by local banks and Osprey Packs. He stated that this year, each student will receive a small tree as well as a t-shirt. Discussion was held on the maintenance of the current 2,500 trees that are located throughout the community and Council noted the pretty flowering trees that are in bloom on Main Street. Councilmember Archibeque moved that Council approve the Arbor Day Proclamation declaring the Arbor Day Celebration for the Cortez area to be held on Thursday, April 23, 2015. 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. 2015 Fertilizer Bid for the Parks and Recreation Department. Director of Parks and Recreation Palmquist stated that the Parks and Recreation Department bids out its fertilizer product needs for the Parks and Golf Course Maintenance Divisions in one combined bid. He stated that the bid includes an organic blend fertilizer which has a slower release rate with multiple layers of coating and better sustainability throughout the summer season. He stated that the Golf Course Maintenance Division fertilizer bid includes granular fertilizer and liquid growth regulator for the greens. He stated that four bids were received and Golf Enviro Systems, Inc., and Crop Production Services Professional Products had the lowest bids for the specified, fertilizer products. He stated that staff recommends that $12,464.40 of fertilizer product be purchased from Crop Production Services Professional Products for the Parks Division and $1,672.80 of fertilizer product be purchased from Golf Enviro Systems, Inc., and $25,919,80 from Crop Productions Services Professional Products for the Golf Course Maintenance Division. He stated that both bids are under the budgeted amount. Councilmember Price moved that Council award the 2015 Fertilizer Bid to Crop Production Services Professional Products, at the bid amount of $38,384.20 for the Parks and Golf Course Maintenance Divisions and to Golf Enviro Systems, Inc., at the bid amount of $1,672.80, for the Golf Course Maintenance Division. 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 CITY COUNCIL REGULAR MEETING MARCH 24, 2015 PAGE 5 In answer to a question from City Manager Hale, Director of Parks and Recreation Palmquist stated that approximately 14 neighborhood residents attended the meeting held at the Kiwanis Park located on Shady Lane to discuss possible improvements to the park. He stated that good comments were made by the neighbors who felt the concept of the project was a good idea; however, they did not like the idea of some of the additional amenities that would come with the park improvements, such as a placement of a Porta-Potty and possible traffic issues. He noted the neighbors felt the proposed track idea would be a good park amenity but not for a neighborhood park. Director of Parks and Recreation Palmquist stated that a public hearing would be held with Council on the project at the April 14, 2015, meeting. f. Appointment to Mesa Verde Country Board. City Manager Hale stated that Councilmember Butler would like to resign as one of the City’s representatives on Mesa Verde Country and Mayor Sheek has expressed an interest in replacing Councilmember Butler on the board. Mayor Pro-tem Keel moved that Council appoint Mayor Sheek to the Mesa Verde Country Board, replacing Councilmember Tom Butler. 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 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 – None. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the worksession a request was made for drivers of the vans used for the Birding Festival to be held May 6-10, 2015. She stated that an Executive Session was also 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)(e). Following the Executive Session, Council reviewed dates to hold training on an Incident Command Structure (emergency preparedness class) and a Council retreat. Mayor Sheek stated that the City Manager also gave an update on the progress of the City’s Wellness Program. b. Mesa Verde Country Board Meeting. Councilmember McLaughlin stated that Mesa Verde Country Board met on March 17, 2015, and a report was given by Kelly Kirkpatrick on her activities since she has begun as the new director. Councilmember Butler resigned from the board and Mayor Sheek will replace him on the board. Discussion was held on improvements that are CITY COUNCIL REGULAR MEETING MARCH 24, 2015 PAGE 6 being completed at Phil’s World and the board agreed to contribute funding for the completion of the parking area. City Manager Hale stated that the County Commissioners have stated that they would make improvements to the road into Phil’s World and included it as a County Road. Councilmember McLaughlin explained that there was a shortfall of funding for the completion of the parking lot and the board felt that Phil’s World is a huge attraction to the area and the funding from Mesa Verde Country would be well spent. Discussion was held that Phil’s World has become known as one of the best mountain biking trails in the State. Councilmember McLaughlin stated that the by-laws for the board were also reviewed and have been completed. c. Parks, Recreation, and Forestry Advisory Board. Councilmember Butler stated that a progress report was given on the SPC. George Raymond Geer Natural Area which will be dedicated on Memorial Day. He spoke about the plaque which will be placed by the flag pole as well as the sign that will be set for the park area prior to the dedication. He stated that the Arbor Day celebration was also discussed and board members have been judging the posters and poems which are being submitted by the students for the Arbor Day competition. He stated that a brief discussion was held on the improvements proposed for Kiwanis Park. d. Cortez is a Great Place to Visit. Mayor Pro-tem Keel stated that his family was at Lowry Ruins about a month ago and met some people visiting from Austin, Texas, were making a loop through Cortez on their way to Arizona and made a comment that Cortez was the best place to eat and stay between here and Austin. The regular meeting was adjourned at 8:23 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk