City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, JUNE 23, 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, Mayor Pro-tem Ty Keel, Bob Archibeque, Tom Butler, Orly Lucero, and Shawna McLaughlin. Councilmember Jim Price was absent. Staff members present were Director of Planning and Building Sam Proffer, Director of General Services Rick Smith, Airport Manager Russ Machen, Director of Public Works Phil Johnson, City Planner Tracie Hughes, Chief of Police Roy Lane, City Clerk Linda Smith, City Attorney Mike Green, and City Manager Shane Hale. There were over 60 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 May 26, 2015. b. Approval of the payment of the Expenditure Vouchers of June 9, 2015. c. Approval of a renewal Arts Liquor License and Change in Corporation for The Cortez Center, Inc., DBA Cortez Cultural Center, located at 25 North Market Street, Cortez. d. Approval of a renewal Tavern Liquor License for A&S LLC, DBA Angels End Zone, located at 309 North Broadway, Cortez. e. Approval of a renewal Liquor Store License for Seven Eighteen Cortez Inc., DBA Liquid Assets, located at 718 East Main Street, Cortez. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure list totaling $23,496.37. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes absent Yes 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION a. Complaint on Code Compliance Officer. Joe James, 419 South Madison, stated that the Community Services/Code Compliance Officer sent him pictures of his backyard and he wanted to talk to Council about that issue. Mayor Sheek suggested that Mr. James speak to staff in the Planning and Building Department regarding the City regulations on yard maintenance so he will know why he is getting a letter from the City. 5. PUBLIC HEARINGS CITY COUNCIL REGULAR MEETING JUNE 23, 2015 PAGE 2 a. Resolution No. 12, Series 2015. Mayor Sheek read information on the rules for a Quasi- Judicial proceeding and asked if any Councilmember felt they should excuse themselves from the discussion and vote on the review of a conditional use permit application for the Children’s Kiva Montessori School. Mayor Pro-tem Keel excused himself stating his son attends the Kiva School and he does not feel that he could separate himself from the issue personally. City Planner Hughes stated that Julie Suckla has applied to the City for a Conditional Use Permit to establish a K-8 school in vacant buildings located at 18 and 25 North Beech Street. She stated that the class room space and administrative offices would be located at 25 North Beech Street and the gym and cafeteria would be located across the street at 18 North Beech Street. She stated that the building at 25 North Beech Street was built in 1957 and the structure at 18 North Beech Street appears to have been built in 1949. She stated that the immediate need is to accommodate 90 students in the 2015- 2016 school year and to accommodate 130 students the following year. She stated that the applicant has changed their initial submittal stating that the maximum number of students at the facility would be 130; therefore, requiring 13 parking spaces. She stated that the Planning and Zoning Commission reviewed the proposal at their regular meeting on June 2, 2015, and tabled the request asking that the applicant reach out to the neighborhood and also offer more details on how the traffic flow would be handled. She stated that a Special Planning and Zoning meeting was held on June 16, 2015, and following the testimony from both in favor and against, the Commission recommended denial of the proposal based on the project not being conducive to the neighborhood due to the increase in traffic, lack of adequate parking, and the negative impact to the local businesses. She stated that a Special Exception was also requested by the school for the parking requirements and that request was also denied. City Planner Hughes spoke about the parking requirements stipulated in the Land Use Code and stated that there are six spaces that are available for dedication to the school behind the property at 18 North Beech Street. She spoke about the proposal that was made by the Public Works Department to help with public safety in the school zone as well as traffic calming measures. The criteria from Land Use Code Section 6.10 regarding the regulations for approval of a conditional use permit were reviewed. She reviewed the comments received from City Departments and affected agencies and noted that the Colorado Department of Transportation (CDOT) has requested that the school require the parents to adhere to a circulation plan and that the children only be dropped off on the north bound side of Beech Street. She stated that the school will be required to have a school policy as well as some level of enforcement. She reviewed the alternatives for Council regarding approval/denial of the proposal and referenced Resolution No. 12, Series 2015, with five conditions. In answer to a question from Councilmember Archibeque, City Manager Hale stated that the proposal does not require the school to provide a playground. Councilmember Butler asked how many parking spaces would be waived and City Planner Hughes stated that 13 parking spaces are required and six spaces would be dedicated behind 18 North Beech Street; therefore, seven spaces would need to be waived with the approval of a Special Exception Permit. Discussion was held regarding the loss of parking spaces for the drop-off zone and for the safety area of the crosswalk. In answer to a question from Councilmember Butler, Chief of Police Lane stated that a parking citation would be issued if someone parked their car in the no parking zone and if the car were to become a danger for the kids, it would be towed. Julie Suckla stated that there would be three staff members trained in traffic safety and they will be available at all times to help the children cross the street. Josh Warinner, Executive Director of the CITY COUNCIL REGULAR MEETING JUNE 23, 2015 PAGE 3 Montessori School, spoke about the school schedule and at which times the children would cross the street. Mr. Warinner stated that the parents of the students would be required to sign and adhere to a School Drop-off and Pick-up Policies and Procedures Handbook and would be asked not to park in front of any of the businesses. He stated that parking will be available in the back of 18 North Beech Street and parents will be asked to park there if they need to come to the school for any length of time. He stated that there will be strict enforcement of the rules. He stated that many of the after school activities are held in locations other than the school. In answer to a question from Councilmember Lucero, City Manager Hale stated that the school would be locating near a marijuana facility knowing that is within a few blocks; however, the marijuana facility is already in place and would not be a problem with being renewed for their license each year unless they were to be closed for a year. City Manager Hale also clarified that the City Police could not ticket someone for parking in a parking space that is available; however, enforcement of the two-hour parking time limit would be enforced. Mr. Warinner stated that the school is looking at different options for parking spaces for the employees. Ms. Suckla stated that they feel the proposed location would serve up to 130 students; however, the long term goal is to add onto their current school located on Empire Street. She stated that 72 students were enrolled in the Kiva School in 2015-2015 with the older kids located at the Beech Street Preschool location; however, the space was cramped. She stated that the school needs space for 90 students in 2015-2016 which is the reason for the request to move to 18 and 25 Beech Streets. She stated that the school will need three years of history to show that they are successful before funding can be obtained to construct an addition to the current school. In answer to a question from Councilmember McLaughlin, Ms. Suckla stated that they have been looking for space for the past year and feel they have exhausted all the options except for the proposed location. She stated that the proposed buildings are big enough for what the school needs and meet the requirements for safety. She commented that the proposal is only for a temporary period of time. Councilmember Butler stated that the school members were requested by Planning and Zoning to visit with the businesses and residents located in the area and he asked about the information that was received. Ms. Suckla stated that they did their best to speak to everyone they could about the proposal and the survey which was included in the packet, was reviewed by Council. Ms. Suckla submitted six additional forms that were signed by businesses in the area stating their support for the school to be located on Beech Street. She spoke about the parking spaces in the area that are not being used and stated that the school has staggered the drop-off and pick-up times for the children, to lessen traffic. She spoke about the school being a good neighbor and that the parents and staff members would solicit the stores/businesses that are in the location of the proposed school. A slide show was shown with pictures of the proposed site for the school, the on-street parking that is available, and pictures of the children completing their daily activities. She spoke about the funding received from the State for the students enrolled in the Kiva Montessori School and noted that it has been shown that property values increase when a school is located nearby. In answer to a question from Councilmember Lucero, Director of Planning and Building Proffer stated that he and the Fire Inspector have been in both the buildings and feel they are both set to be inhabited with a few safety items fixed. Mayor Sheek opened the public hearing. Jim Mischke, 143 East North Street, stated that he CITY COUNCIL REGULAR MEETING JUNE 23, 2015 PAGE 4 supports the school and commented that the children are our future. He spoke about traffic in the area and suggested that the traffic be directed west bound. Don Kirk, 9 West 2nd Street, stated that he has been an educator for many years and that the answer to so many of our problems is to just love the children. He stated that the Montessori School system is the best and he supports their proposal. Julie Bell, 218 West Montezuma, stated that she is a customer of many of the businesses located on Market, Beech, and Main Streets and has never had to park more than a half a block from any of the businesses. She stated that she feels the parking issue is being overstated and noted that the pick-up and drop-off times will be staggered. She read the vision and mission statement for the Montessori School and stated that she supports the school being located in the heart of downtown. Jack Fish, 11717 Road 28.3, spoke about his children and their learning disabilities and stated that four of his children attend the Montessori School. He stated that the Kiva School has really helped his children, in particular his child that was in sixth grade. He stated that the Montessori School allows children to excel and he asked that the school be approved in their temporary location. Katelyn Moore, 12497 Road 18, stated that she has taught school for 21 years and is currently with the Kiva Montessori School. She stated that many people that move to the area look at the quality of the schools and the Montessori School offers a different option that other places don’t have. She stated that the students at the Montessori School will be the future business owners and leaders and the Heart and Soul of the community. Cassandra Whitehead, 39090 Highway 160, stated that she is also one of the teachers at the Montessori School and she spoke about the opportunities that the school has offered her as an educator. She introduced one of her students and stated that the children are very responsible and are our future. Trina Murphy, a Kiva parent, stated that all the parents care about their children and noted that this is a temporary solution for a long term goal. Preston Dillon, 7600 Road 37, stated that his three older children and his seven year old have all attended the Montessori School over the past 15 years. He stated that he could not understand why the Planning and Zoning Commission denied the request when the proposal met all the requirements. He stated that he does not understand why the proposal would be denied over a couple of parking spaces. He stated that he feels the Commission was choosing the business community over education. He stated that the growing school is something to celebrate and noted that having a parking problem downtown is a good thing for everyone. Houston Hurst, 66 North Harrison, stated that he is on the Student Council at Children’s Kiva Montessori School and loves his school because he knows they are a school family. Maria Fox, 403 South Market Street, stated that her grandson has flourished at the school and commented that the school offers quality education for all the kids. David Skates, 147 South Washington, stated that he owns several businesses in the downtown area and he supports the school. He stated that he feels the school will enhance the downtown corridor and will make use of a couple empty buildings. Stephanie Jones, 11 North Beech, representative for Johnson Insurance, noted that their business and several other businesses in the downtown area, as well as some of the residents, were not spoken to about the proposal. She stated that no one is opposed to the school as it is a wonderful school; however, the location is just not a good fit. She stated that the parking spaces are needed for the businesses in the downtown area. Joseph Paumen, owner of Cortez Optical Shop, stated that he has been in business for over 18 years and has many elderly patients that can’t walk a block to get to his business. He stated that there is CITY COUNCIL REGULAR MEETING JUNE 23, 2015 PAGE 5 not enough parking now and that the school is going to take away many of the spots that are needed to keep the downtown viable. He spoke about the traffic in the area which he feels is a safety concern. Don Kirk spoke about the school (Whirligigs) that was located at 25 North Beech Street for a short period of time and commented that there was never an issue with safety for the children that attended the school. He commented that he would like to see more handicapped parking facilities in the downtown area. A.J. Baker, 7600 Road 37, stated that she is a Kiva parent and supports the school and asked why some feel the school would have a negative impact for the area. She stated that the school has made great progress over the past year and they should be proud of that and embraced by the community. She stated that the school is closed during holidays, the summer, and weekends which would make the impact less for the businesses. Stacy Weyand, 21730 Road C, stated that her family is a 6th generation family from the area and the biggest reason they moved back was because of the Montessori School. She stated that she is a member of the PTO for the school, acting as Volunteer Coordinator. She stated that events held through the school are community minded and everyone involved with the school tries to give back. Kent Lindsay, owner of the El Grande Cafe for over 35 years, stated that he believes in the Montessori School and noted that they have helped teach a lot of children to a level that has not been attained in this school district for a lot of years; however, he feels this is the wrong place to put it. He stated that he knows of three deaths that have occurred at the intersection of Beech and Main Streets and noted that many people have been hit in the uncontrolled intersection. He stated that the business people are concerned for their livelihood and noted there will be issues with traffic due to the drop-off and pick-up times. He stated he is really concerned for the safety of the children. Lana Waters, 16415 CR 24.1, stated that she owns two buildings on Main Street (34 and 40 East Main Street) and that they have worked diligently to keep the buildings occupied. She stated her concern is the use of the alleyway by semi-trucks pulling out into the school zone as well as the parking issues in the area which would adversely affect the businesses. She commented that everyone loves children; however, there is a safety concern for a school being located in the business area. Scott Wallace stated that he owns the home that is listed on the Cortez Historic Registry and is located at 112 East North Street, right across the street from the proposed drop zone. He stated that the downtown businesses should be applauded for making it through the hard times and that the parking spaces being given away for the school should be dedicated to the downtown businesses with more handicapped spaces. Scott McDermott, 218 West Montezuma, a Kiva parent, stated that this is just a short term solution and that the drop-off and pick-up time is a very short window of time. Tiffany Waters, owner of Love on a Hangar located at 34 West Main Street, stated that the business community is not against the school or children. She stated that her business is located in the Central Business District and feels that the partnership has gotten off to a bad start as the school didn’t communicate with her until the Planning and Zoning Commission requested that they reach out to the businesses in the area. She stated that the plan being presented to Council is different from the plan presented to Planning and Zoning. She stated that some of the information is misleading and that the pictures of the parking spaces which were taken on June 18 show empty spaces; however, that will be different from October to December which are the busiest retail months. Josh Warinner spoke about data from the school which shows 100% of the kids in the school have CITY COUNCIL REGULAR MEETING JUNE 23, 2015 PAGE 6 improved. He stated that the school is mission driven and held to a higher standard. Adezdiin Boekman said she is the President of the Student Council for the Kiva School and that this past year they were cramped into a small space for the classroom as well as for lunch. She stated that the new school would be a great opportunity for everyone. Mayor Sheek closed the hearing to the public. Julie Suckla stated that she appreciates all the comments that were made and that the school would do their best to be good neighbors. She stated that the school has performed well in the first year and will continue to do well if given the opportunity to grow. She stated that she apologized if they missed speaking with any of the neighbors as they tried to reach out to everyone for four days. She asked that staff from the City’s Public Works Department speak on behalf of the safety issues which will be implemented on behalf of the school. In answer to a question from Mayor Sheek, Ms. Suckla stated that it is possible that they could stay in the facility at Beech Street Preschool that was used in 2014-2015; however, it would be hard to recover from the loss of the extra students that are proposed to be added in the 2015-2016 school year. She stated that currently they have 72 students and they would be adding 18 more students at the proposed location to have 90 students total. Ms. Suckla stated that they are adding a grade each year to the school which is the reason for the request for 90 students in 2015 and 130 students in 2016. Director of Public Works Johnson spoke about the safety measures that the City would implement to help with parking and traffic issues if the school is approved on Beech Street. He stated that the reason for the loss of the two parking spaces for the no parking zone is so there is a clear line of sight for the crosswalk which will be placed at mid-street north of the alley. He stated that two stop signs would be placed on North Beech Street at the intersection of Beech and North Street which will then convert the intersection into a 4-way stop and a school zone would be designated for the area. Discussion was held on the drop-off zone and Mr. Warinner stated that the proposal is to have all the children dropped off on North Street. Mayor Sheek commented that she wished all the kids had parents that were as concerned about their children as the Kiva parents are. She stated that her biggest concern is the safety of the kids. Commissioner Lucero spoke about the survey completed by the Kiva School regarding the surrounding neighbor’s comments and Tamia Hurst, board member of the Kiva Montessori School, stated that the survey was above what was required by the City and was to politely inform the neighbors of the proposal. In answer to a question from Councilmember Lucero, Ms. Suckla stated that the school hopes to move from the temporary location within three years. Discussion was held on allowing the conditional use permit for one year and that Council revisit the issue in the spring of 2016 to see if everything is working out. City Attorney Green stated that conditions could be added to the resolution regarding an annual review and what the process would involve to approve or deny the application at the first year review. Mayor Sheek stated that she has a concern with the open ended time frame for the conditional use permit. City Attorney Green stated that a cap could be placed on the conditional use permit as well as a stipulation that the permit would be reviewed annually. Councilmember Butler commented that while he is concerned about the impact the school will have on the businesses, his primary concern is the safety of the children. Mayor Sheek noted that the world is full of risks, and it seems reasonable to give the school a chance to see if the proposed location may work in the short term. City Manager Hale stated that he does not see any problem with holding the school to the conditions which they have CITY COUNCIL REGULAR MEETING JUNE 23, 2015 PAGE 7 said they would take care of, including having three adults with the children when they cross in the crosswalk and having the drop-off times staggered so as not to congest the area. He stated that if the process is working at the proposed location, and the school is not ready to move in three years, they could apply for a new conditional use permit. Councilmember Archibeque moved that Council approve a revocable conditional use permit to establish The Childen’s Kiva Montessori School on property located at 18 and 25 North Beech Street, as submitted by Agent Julie Suckla for property owners Deborah Campbell and Larry Yarbrough, through Resolution No. 12, Series 2015, with the five conditions listed and the additional restriction that the conditional use permit be reviewed annually in March, to be sure the proposal is working for all those affected, with a cap of no more than three years of operation at the proposed location. He stated that the resolution will be presented to Council at the July 14, 2015, meeting with the final wording, including the statement that the permit could be revoked if the school is not meeting the conditions. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes No * Yes Yes absent Yes *Mayor Pro-tem Keel excused himself from the discussion and vote due to a conflict-of-interest. 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. 40 Year Land Lease for Airport Hangar S-4. Airport Manager Machen stated that the Airport has received notice from Dwight Chamberlin that he has sold his aircraft hangar (Hangar S-4) to Steve Franchini, effective July 1, 2015. He stated that everything stays the same as was agreed upon with Mr. Chamberlin regarding the rent amount that will be received from Mr. Franchini. Mayor Pro-tem Keel moved that Council approve the 40 year land lease for Hangar S-4 with Steve Franchini. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes absent Yes b. Re-Award of Upstream Bandwidth Services. Director of General Services Smith stated that the City of Cortez awarded the Upstream Bandwidth Services contract to Cogent at their meeting on May 12, 2015. He stated that the connection to Cortez would take three pieces to complete the connection. He stated that Cogent has said that they could complete the connection eliminating the three pieces; however, the fee would be $103.20 higher per month. He commented that by having the agreement with Cogent, it would eliminate confusion during an outage. He stated that the Govnet members would pay the difference of the increase in the fee and staff recommends approval of the re-award of the Upstream Bandwidth Services to Cogent in the amount of $4,040.00 monthly. CITY COUNCIL REGULAR MEETING JUNE 23, 2015 PAGE 8 Councilmember McLaughlin moved that Council amend the previous award of upstream bandwidth services to Cogent in the amount of $4,040.00 monthly, plus a one-time set up fee of $500.00, for a 36-month term. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes absent Yes c. New Hotel and Restaurant Liquor License for Lagina’s Place. City Attorney Green stated that Harvey Group LLC has applied for a new Hotel and Restaurant Liquor License for their new business, Lagina’s Place, to be located at 119 East Main Street. City Clerk Smith stated that the business will be located in the building which was previously the location of Mr. Happy’s. In answer to a question from Councilmember McLaughlin, City Attorney Green stated that the build ing was opened to provide one large space; however, the owner of the building is trying to establish two separate premises like the building was originally built. Councilmember Archibeque moved that Council set a public hearing date for July 28, 2015, for review of a new Hotel and Restaurant Liquor License for The Harvey Group LLC, DBA Lagina’s Place, 119 East Main Street, and the neighborhood boundaries set as the City limits. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes absent Yes d. Resolution No. 13, Series 2015. Councilmember Archibeque excused himself from the discussion and vote due to a possible conflict-of-interest as he lives in the Southern Bluffs Subdivision. City Planner Hughes stated that the City of Cortez has received an application from Rodney Case to consolidate two lots on Jennings Drive. She stated that the applicant is proposing to vacate the lot line between Lots 94 and 95, resulting in one consolidated lot to be named Lot 95A. She stated that the existing lots are vacant and do not currently have addresses and consist of .16 acres each, which will result in Lot 95A being .32 acres. She stated that the existing utility easement of 20’ runs along the northwest and southwest sides of the property and no utility company had any comments regarding the utility easements. She stated that staff recommends approval of the amended plat. Mayor Pro-tem Keel moved that Council approve the Amended Plat of Lots 94 and 95, of Southern Bluffs Subdivision, Second Amended, as submitted by property owner Rodney Case, through Council Resolution No. 13, Series 2015, with three conditions. Councilmember Butler seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek * Yes Yes Yes Yes absent Yes *Councilmember Archibeque recused himself from the discussion and vote due to a possible conflict-of-interest. 8. DRAFT ORDINANCES/RESOLUTIONS – None. CITY COUNCIL REGULAR MEETING JUNE 23, 2015 PAGE 9 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 Council was given an update on the Cortez Cultural Center and Grant Curry who was to give a presentation on “Permaculture: Water and Food Abundance for Generations within a community” will make his presentation at a future Council meeting due to the lack of time for his presentation. Also, Director of Public Works Johnson spoke about the Access Control Plan that will be presented in more detail at a public meeting on Wednesday, June 24, 2015, at the Recreation Center from 4:00 to 7:00 p.m. She also invited Council to attend the City Employee Picnic to be held on Wednesday, June 24, 2015, at the park by the outdoor swimming pool. The regular meeting was adjourned at 10:20 p.m. ________________________________ Karen Sheek, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk