City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, APRIL 28, 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, Director of Public Works Phil Johnson, Director of Planning and Building Sam Proffer, Director of General Services Rick Smith, Chief of Police Roy Lane, City Clerk Linda Smith, and City Manager Shane Hale. There were ten 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 April 14, 2015. b. Approval of the payment of the Expenditure Vouchers of April 28, 2015. Councilmember Lucero moved that Council approve the Consent Agenda, with the additional expenditure list totaling $31,162.80. 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 a. Review of a Retail Marijuana Store for Acme Healing Center of Cortez LLC. City Clerk Smith stated that Acme Healing Center of Cortez LLC, owned by Chris Sanchez, has submitted an application for a new Retail Marijuana Store, currently addressed as 980 South Broadway. She stated that Mr. Sanchez has completed a background check and meets the requirements as stipulated by the State and, as stated in the memo from Planning and Building Department, his proposed location for a retail store meets the requirements of being located not less than 1,500 feet from any public, private, or charter school, licensed day-care facility, licensed pre-school, or any other medical or retail marijuana dispensary. She stated that a memo was distributed prior to the meeting from City Attorney Green stating his recommendation of approval of the retail marijuana license. Chief of Police Lane stated that he did not have any objection to the license being issued and that the Police Department would work with the applicant during the process of building their store so they meet all the necessary requirements. Director of Planning and Building Proffer stated that he would work with the applicant on the construction of the building and that a pre-application has been held to discuss the preliminary requirements. CITY COUNCIL REGULAR MEETING APRIL 28, 2015 PAGE 2 Chris Sanchez, owner of Acme Healing Center, spoke to Council about the four marijuana stores he currently owns and the hope to open a store in Cortez. He stated that the grow facility for all the stores is located in Ouray County and currently is approximately 12,000 square feet. He stated that he has an application to the State to enlarge the grow facility to 80,000 square feet. He stated that currently they have 42 employees, and when the new store is open in Cortez, the employees would be hired locally. He gave Council a copy of the literature that is given to their customers which includes information on consuming cannabis products responsibly. He stated that his stores have been received well in the communities they are located in and they wish to be good neighbors. In answer to a question from Mayor Pro-tem Keel, Mr. Sanchez stated that he has located his stores on the western slope to catch the tourists and to also serve the citizens of the communities in which they are located. Mr. Sanchez spoke about the location of his store in Ridgway which has a fruit stand in the front and the marijuana store on the side of the building. In answer to a question from Mayor Sheek, Mr. Sanchez stated that they would like to open their store in Cortez by the end of summer, but it would depend upon the construction time for the new building. Dean Brookie, architect for the project, stated that he has worked on several marijuana center projects and he reviewed the proposal for the new Acme Healing Center. He stated that discussion has been held with City staff as well as other entities as to how the process should proceed for the new building and he stated that they are working with the Colorado Department of Transportation (CDOT) on an access permit to the property. He noted that the southern access that is currently used by Lotsa Pasta would be a shared access. He spoke about the 16 acre parcel that would be purchased by Mr. Sanchez and the possibility of removing some of the billboards currently located on the property. Mr. Brookie stated that the parking lot for the building would be asphalted and a drainage plan would be modified from the highway access. Mayor Sheek opened the public hearing for comment on the issuance of the license; however, no one spoke and the public hearing was closed. Councilmember Price moved that Council approve a new Retail Marijuana Store for Acme Healing Center of Cortez, LLC, owned by Chris Sanchez, to be located in a new building to be constructed at a parcel of property currently addressed as 980 South Broadway, with the condition that the applicant comply with all City, State, and Federal regulations, and with the stipulation that the approved license not be issued until a Certificate of Occupancy has been obtained by the City. 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. 1198, Series 2015. Mayor Sheek stated that Ordinance No. 1198, Series 2015, amends the International Residential Code, 2009 Edition. Director of Planning and Building Proffer stated that the currently adopted 2009 International Residential Code only requires a one- hour fire resistant wall between townhomes. He stated that a two-hour requirement was included in the 2006 version; however, that was changed in the 2009 version with the addition of a new requirement of mandatory fire sprinkler systems for all residential construction. He stated that the City chose to voluntarily remove the fire sprinkler requirement from the code. He stated that the International Code Council (ICC) recommends that a two-hour fire rated wall be placed in absence of a fire sprinkler system. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. CITY COUNCIL REGULAR MEETING APRIL 28, 2015 PAGE 3 Councilmember Archibeque moved that Council approve Ordinance No. 1198, Series 2015, amending the International Residential Code, 2009 Edition. 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. 2015 Meter Relocation Project Bid. Councilmember McLaughlin recused herself due to a possible conflict-of-interest. Director of Public Works Johnson stated that the City will be replacing the City’s water meter infrastructure this year with an upgrade to AMR (Automated Meter Reading) technology. He stated that three bids were received for the project and the low bidder, KAVE Construction, could not provide the required specifics for their experience; therefore, staff is recommending that the bid be awarded to D & L Construction at a bid price of $354,105.00. He stated that he feels confident that D & L Construction will complete the project as required within the time lines. City Manager Hale stated that the DOLA grant documents have not been signed as of this date and staff is recommending that the contract with D & L Construction not be signed until the DOLA documents are received by the City. In answer to a question from Mayor Pro-tem Keel, Director of Public Works Johnson stated that the asphalt patching is scattered all over the City with 156 sites which may be why the prices were higher than the engineer’s estimate. City Manager Hale stated that the difference in the bids on the asphalt patching may also be due to the equipment which each company may have on hand to complete the work. Mayor Pro-tem Keel moved that Council award the 2015 Meter Relocation Project to D & L Construction at a bid price of $354,105.00 with the stipulation that the DOLA grant documents be signed and returned prior to signing a contract with D & L Construction. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes * Yes Yes *Councilmember McLaughlin recused herself from the discussion and vote due to a possible conflict-of-interest. b. Resident Survey for City Fiber. City Manager Hale stated that information was presented to Council during the worksession about completing a survey of Cortez citizens regarding the connection of fiber to the home. He stated that the City needs to make an informed decision on the subject, and the idea was broached about utilizing the services of local statistician, Dr. Jack Schuenemeyer of Southwest Statistical Consulting LLC, to analyze the survey results. In answer to a question from Mayor Sheek, Director of General Services Smith stated that he feels the survey that was completed for the fiber to the business helped Council at the time understand what the community wanted and the information was used accordingly. CITY COUNCIL REGULAR MEETING APRIL 28, 2015 PAGE 4 Mayor Pro-tem Keel moved that Council authorize the City Manager to enter into an agreement with Southwest Statistical Consulting, LLC, for $2,000 to complete a Residential Survey for City Fiber. 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. Appointment to the Parks, Recreation, and Forestry Advisory Board. Director of Parks and Recreation Palmquist stated that one adult vacancy exists on the Parks, Recreation, and Forestry Advisory Board and Lonn Andrews has applied to serve on the board. He stated that Mr. Andrews is a member of the Silver Sneakers program and was interviewed by the Parks, Recreation, and Forestry Advisory Board and they unanimously recommend approval to Council. He stated that Council could interview Mr. Andrews or forego the interview process and appoint Mr. Andrews to the board for a two-year term. Councilmember Butler moved that Lonn Andrews be appointed to serve on the Parks, Recreation, and Forestry Advisory Board forgoing the interview process with City Council. 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 d. Appointment to the Golf Advisory Board. Director of Parks and Recreation Palmquist stated that the Golf Advisory Board consists of six voting members and one member shall be a high school youth. He stated that currently, the youth seat is vacant and he noted that a letter of interest was received from Kiselya Plewe to fill the position. He stated that the members of the Golf Advisory Board interviewed Ms. Plewe on April 22, 2015, and have given their unanimous support for Ms. Plewe to be appointed to serve a one-year term. Mayor Pro-tem Keel stated that he had the opportunity to interview Ms. Plewe with the Golf Advisory Board and he noted that she is a pleasant young lady. He moved that Council appoint Kiselya Plewe to serve as the youth representative on the Golf Advisory Board for a one-year term, and forego the Council interview process. Councilmember Butler seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes Director of Parks and Recreation Palmquist complimented Council on their decision to include the youth on various City advisory boards as he feels it is a real positive move for the community. Council agreed that the opportunity for the students to serve on the various boards as full voting members allows them the opportunity to learn about the different aspects of government and to participate at a different level. e. Nomination for the Local Government Limited Gaming Impact Committee. City Manager Hale stated that the Department of Local Affairs (DOLA) is seeking a nomination for the Local CITY COUNCIL REGULAR MEETING APRIL 28, 2015 PAGE 5 Government Limited Gaming Impact Committee. He stated that municipal representatives from Archuleta, Boulder, Clear Creek, Grand, Jefferson, La Plata and Montezuma Counties are eligible. He stated that Councilmember Lucero has stated an interest in serving on the committee. Councilmember Price moved that Council appointment Orly Lucero to serve on the Local Government Limited Gaming Impact Committee. 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 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 a. We’re in this Together Update. City Manager Hale stated that Council adopted the We’re in this Together Economic Development resolution in 2012. He stated that the resolution reaffirmed the City’s commitment to local purchasing and a rebate program was created for businesses that grew at least 3% compared to previous year in 2013-2014, and abated 50% of building permit fees and use taxes for 2013-2014. He stated that there were 15 projects that took advantage of the building permit program including McDonalds, Maverick, Hampton Inn, Aaron’s, and Sunshine Dental. He stated that 134 businesses received a sales tax rebate from the City in 2014, and 131 businesses received a rebate in 2013. He stated that overall, the City’s sales taxes were up $388,882 in 2013, and up $262,000 in 2014. He stated that the sales tax program will continue through 2015. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the worksession Council pictures were taken and new employee Rich Landreth, Water Treatment Plant Superintendent, was introduced. She stated that an update was given on the employee insurance renewal process and discussion was held on CDOT Wetland Delineation on City property. She stated that Jack Schuenemeyer presented information on completing a fiber survey. She congratulated Sam Proffer on his promotion to Planning and Building Director. b. Parks, Recreation, and Forestry Advisory Board. Councilmember Butler stated that discussion at the April 17, 2015, Parks, Recreation, and Forestry Advisory Board included the progress of the Geer Natural Area, which will be officially opened on Memorial Day, and an update was given on the tricycle park planned for the Kiwanis Park. He praised Jasmine Stroud, high school student member of the Parks, Recreation, and Forestry Advisory Board, for leading the Arbor Day celebration which was held on April 23, 2015. He stated that it was a great success and there were CITY COUNCIL REGULAR MEETING APRIL 28, 2015 PAGE 6 approximately 200 4th Grade students that were in attendance for the celebration. c. Golf Advisory Board. Mayor Pro-tem Keel stated that the Golf Advisory Board meeting was held on April 22, 2015, and updates were given on the various aspects of the course, including work on the sand trap bunkers and the geese problem. He stated that student representative Kiselya Plewe was interviewed during the meeting and discussion was held on the de-commission of the Dolores ball field for future use at the golf course. d. Montezuma County Economic Development Association (MCEDA). Councilmember McLaughlin stated that MCEDA Annual Meeting will be held at the Cortez Elks Club on Wednesday, April 29, 2015, from 11:30 to 1:30 p.m. She stated that new business and individual memberships continue to be pursued. e. Celebration of Opening of Ute Mountain Indian Trading Company and Gallery. City Manager Hale stated that Council is invited to attend the grand opening of the Ute Mountain Indian Trading Company and Gallery, located at 27601 East U.S. Highway 160 (previously the Tipton building). He stated that the ceremony would begin at 10:00 a.m. Several Councilmembers stated that they plan to attend the ceremony which will be include a bear dance demonstration, music, and food. The regular meeting was adjourned at 8:30 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk