City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, JULY 14, 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, Shawna McLaughlin, and Jim Price. Staff members present were Director of Planning and Building Sam Proffer, Director of Parks and Recreation Dean Palmquist, 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 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 June 23, 2015. b. Approval of the payment of the Expenditure Vouchers of July 14, 2015. c. Approval of a renewal Brew Pub Liquor License for L&D Development Inc., DBA J Fargos, located at 1209 East Main Street, Cortez. d. Approval of a renewal Hotel and Restaurant Liquor License for Pepperhead LLC, DBA Pepperhead, 44 West Main Street, Cortez. e. Approval of a renewal Medical Marijuana Center/On Site Premises Cultivation License for Durango Organics, LLP, DBA Durango Organics, located at 1104 East Main Street, Cortez. f. Approval of a renewal Medical Marijuana Center/On Site Optional Premises Cultivation/Medical Marijuana Infused Products Manufacturing License for Gilbert Garcia, DBA The Medicine Man LLC, located at 310 East Main Street, Cortez. Councilmember Lucero moved that Council approve the Consent Agenda, with the additional expenditure list totaling $145,149.31. 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 CITY COUNCIL REGULAR MEETING JULY 14, 2015 PAGE 2 a. Resolution No. 12, Series 2015. City Planner Hughes stated that Council had conditionally approved Resolution No. 12, Series 2015, at the Council meeting of June 23, 2015. She stated that the resolution approves a Conditional Use Permit for the Children’s Kiva to establish a K-8 school in two vacant buildings located at 18 and 25 North Beech Street with several conditions. She stated that the resolution is being presented for Council’s review noting the conditions that were added in the motion made by City Council at the meeting on June 23, 2015. She reviewed Resolution No. 12, Series 2015, and the nine conditions including the condition that the project would be reviewed by City Council annually in March, until such time that the permit has expired, for the purposes of determining compliance with the conditions of approval for the conditional use permit. Julie Suckla stated that she would like to discuss the condition regarding the adult/child ratio for crossing the street. She stated that a single class may cross the street at various times during the day and it may be difficult to have three adults at each crossing. City Manager Hale stated that the condition was added as it was his understanding from the testimony at the last Council meeting that the school would have three adults with the children when crossing the street. Mayor Sheek stated that it doesn’t make a lot of sense to have three adults with one child; however, it is important for the safety of the children that there is enough adult supervision for the crossings. Councilmember McLaughlin noted that she did not think the children would be crossing the street several times a day. Ms. Suckla stated that the children would be crossing as a group in the morning and at lunch time. She stated that the classes would cross at different times for Spanish and music which would be offered in the building at 18 North Beech Street. Councilmember Butler stated that he would not have an issue with one child crossing with one adult but he would not be in favor of allowing the classroom to cross the street without several adults. Councilmember Price spoke about the safety patrol that was available when he was in school which was made up of older students that helped with directing traffic and suggested that may be an option to help with the crossings. City Manager Hale suggested the following changes to condition f: no child shall be allowed to cross Beech Street unless accompanied by an adult and that any group of three or more children shall be accompanied by a minimum of two adults. He added that during functions that include the entire school, at least three adults shall accompany the crossing. Discussion was held about the enforcement of the crossings with the children. Mayor Pro-tem Keel moved that Council approve Resolution No. 12, Series 2015, conditionally approving an application for a conditional use permit to establish a K-8 school (Children’s Kiva Montessori School) at 18 and 25 North Beech Street, in the Central Business District, as submitted by Julie Suckla, agent for landowners Deborah Campbell and Larry Yarbrough, with the following changes to condition f: the crossing of children from one building to another for various school activities shall always be accomplished by utilizing the following method: no child shall be allowed to cross Beech Street unless accompanied by an adult. Anytime a group of three or more children cross, a minimum of two adults shall accompany the crossing. During functions that include the entire school, at least three adults shall accompany the crossing. 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 7. NEW BUSINESS CITY COUNCIL REGULAR MEETING JULY 14, 2015 PAGE 3 a. 2015 CDOT Wetlands Mitigation Agreement. Director of Parks and Recreation Palmquist stated that the Colorado Department of Transportation (CDOT) is planning to make improvements to US Highway 491 north of Cortez. He stated that the improvements consist of a full-depth reclamation from approximately milepost 26.3 to 27.3, re-alignment of the Lebanon Road intersection, and repaving from milepost 27.3 to 29.1. He stated that the project will impact .394 acres of wetlands, which CDOT is required to mitigate. He stated that CDOT approached the City to provide wetland mitigation opportunities at the north end of Carpenter Natural Area and by doing so, CDOT will meet the wetland mitigation requirements set forth by the U.S. Army Corps of Engineers. He stated that as a result of the wetland mitigation opportunity, the City of Cortez has requested for CDOT to construct an additional .1 acres of wetlands for the City of Cortez to be counted for future Geer Natural Area wetlands mitigation. He stated that a future elevated walkway and bridge is being proposed to go through the wetlands area to establish a loop around the Geer Natural Area Lake. He stated that staff recommends approval of the CDOT Wetlands Mitigation Agreement. Councilmember Archibeque moved that Council approve an Intergovernmental Agreement between the Colorado Department of Transportation and the City of Cortez for the purpose of constructing .5 acres of wetlands within the Carpenter Natural Area to receive wetland mitigation credit for each entity’s future project. 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. Grant Agreement with the Orton Family Foundation for the Purpose of Purchasing Cortez Community Storybooks. City Planner Hughes stated that in May 2014, Council approved a contract with the College of Architecture and Planning, Colorado Center for Community Development to create a Community Storybook for the Cortez Heart & Soul Project. She stated that the story book draft has been completed; however, there were not adequate funds to print the number of books desired. She stated that Orly Family Foundation has offered to fund the request of printing 1,000 books for a total of $4,064. Mayor Sheek stated that she and Councilmember Butler attended the recent Heart & Soul CAT Team meeting and it was felt by the members that the books are important as they show what has happened through the last few years with the Heart & Soul process. Councilmember McLaughlin moved that Council authorize the City to enter into an Implementation Grant Agreement with the Orton Family Foundation for the purpose of purchasing and distributing 1,000 community storybooks. 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 c. M-CHS: 7th and Sligo Street Lights. Director of Public Works Johnson stated that the new M- CHS facility on South Sligo Street has created the potential for increased pedestrian and bike traffic in the area. He stated that Council spoke at a previous worksession about the need to expand existing lighting and sidewalk infrastructure for the new students as well as for the increased traffic CITY COUNCIL REGULAR MEETING JULY 14, 2015 PAGE 4 that will occur in the area. He stated that the City and Empire Electric have worked on a proposal to install three lights on South Sligo and four street lights on 7th Street. He stated that the total estimated cost is $42,500 providing the City excavates and backfills roughly 2,500 LF of trench. He stated that funding for the project would be provided in this year’s General Fund Capital. He stated that the sidewalk would be completed from the bridge east to 7th Street and funded through the City’s concrete cost-share program. He spoke about other concrete projects in the community that need to be addressed. In answer to a question from Mayor Pro-tem Keel, Director of Public Works Johnson stated that there were not any driveways that would be impacted by the installation of the new sidewalk on 7th Street. Director of Public Works Johnson stated that the street lights would be installed as soon as Empire Electric could schedule them in. He stated that the sidewalk prep work would be done by City staff and the concrete would be installed when the concrete cost- share project is awarded. Councilmember Price moved that Council sign the agreement with Empire Electric Association to install streetlights on South Sligo and 7th Streets near the new high school. 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 d. Memo of Understanding with Montezuma County and the City of Cortez. City Manager Hale stated that Montezuma County has recently expanded its involvement with recycling efforts going from simply bailing the recyclables to now working through brokers to sell the material. He stated that in making the change, they have approached all of their waste haulers with the opportunity to enter in to a Memorandum of Understanding (MOU) and allow the County to be the hub. He stated that the City would take their recyclables to the County and they would weigh them and when they have enough to they would bail the recyclables. He stated that the City can easily confirm the fair market value of the commodities and he commented that he thinks it is great that the County is getting involved in recycling. Councilmember Lucero moved that Council approve a Memorandum of Understanding between Montezuma County and the City of Cortez regarding handling, purchase and sale of recyclable commodities. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes e. Caviness Tower Grant. City Manager Hale stated that the City has applied for an Energy and Mineral Assistance Grant to install communications equipment on Caviness Mountain to increase radio/communications coverage in eastern Montezuma and western La Plata counties, as well as in the Town of Mancos. He stated that when the project was originally presented to Council, staff was advised that no local matching funds were needed due to the in-kind matches; however, when DOLA scored the grant, it was realized that the project would need a 50/50 funding in order to be strong enough to receive a grant, which left the project $61,964 short. He stated that staff has spoken to the agencies that would be impacted by the tower and have received pledges from the Town of Mancos for $10,000, La Plata County for $26,000, and Montezuma County for $26,000. CITY COUNCIL REGULAR MEETING JULY 14, 2015 PAGE 5 He stated that La Plata County may need to provide its match in 2016, since the item was not budgeted in 2015. In answer to a question from Mayor Pro-tem Keel, City Manager Hale stated that the City took the lead on the grant as the City runs the dispatch center. Chief of Police Lane stated that the City sees the need for the equipment for the safety of all the officers. He thanked the TV District for offering to have the equipment installed on their tower. Councilmember Archibeque moved that Council pursue the EIAF grant for the Caviness Tower project with the required $62,000 cash match to be provided by Montezuma County in the amount of $26,000, La Plata County in the amount of $26,000, and Town of Mancos in the amount of $10,000, with the understanding that the City may have to carry a portion of the grant match in 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 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. ADDITIONAL CITIZEN PARTICIPATION a. Thank You for Lights/Need for Additional Street Lights. Gerald Vincent, 412 North Henry, thanked Council for approving the installation of street lights and the completion of the sidewalk on 7th and Sligo Streets. He stated that he hopes that the City will complete the installation of additional street lights on 7th Street sometime in the future. He commented that there should be extra money available when the City sells the old meters that are being replaced in the meter replacement project and suggested that money could be used towards extra street lights. He spoke about the landscaping business that is located on the corner of 7th Street/Sligo Street and the need for the City to accommodate their access along with safety of the students walking in the area. 10. OTHER ITEMS OF BUSINESS a. Emergency Replacement of HVAC RTU #3 Police Building. City Manager Hale stated that the Cortez Police Department building was constructed in 1996 and over the years the City has experienced multiple problems with the HVAC Roof Top Unit #3. He stated that the unit’s compressor has failed again and Comfort Air has been contacted to discuss the possible options for getting cooling back in place for the west side offices of the Police Department. He stated that the City could replace the compressor in the unit with a re-built compressor which would be the third compressor in the unit since 2011 or replace the whole HVAC unit with a new 10 ton capacity unit that has dual-compressors in the unit. He stated that, after consulting with staff, it was decided to move forward with replacing the whole unit at a cost of $17,620.00. He stated that the emergency repair/replacement of the HVAC unit was not in the 2015 budget; however given the lead time to order the replacement unit, staff has issued the order with Comfort Air. He stated that the un- budgeted emergency item will be addressed in the supplemental budget. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT – None. CITY COUNCIL REGULAR MEETING JULY 14, 2015 PAGE 6 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the worksession discussion was held on the Towaoc Water Line, dangerous building abatement, and street lights on North Broadway. She stated that a presentation was given to Council from Kendig Keast Collabrative staff regarding the re-write of the City’s Land Use Code. b. Golf Advisory Board. Councilmember Archibeque stated that discussion at the Golf Advisory Board Meeting included the great shape that the golf course is in and that revenue is up. He stated that the course has hosted several golf tournaments over the summer and the largest tournament (Pinto Bean) is coming up in August. He stated that prairie dogs continue to be an issue. c. Montezuma County Economic Development Association (MCEDA). Councilmember McLaughlin stated that discussion at the MCEDA meeting included the new brochure which is going to print and happenings in each of the towns. She stated that an ED102 Class will be held September 1 and October 6, 2015, for all the newcomers to the board. d. Library Advisory Board. Mayor Sheek stated that discussion at the Library Advisory Board included information on the summer reading program and it was noted that story time is being held each week at the Farmer’s Market. She stated that an adult reading program has recently begun and discussion was held on the Sunflower Theater showing some documentary films. She showed Council the puppets which have been given to the 50 children that are participating in the Spell Program. She stated that the City Library staff is helping the High School on their new Library. The regular meeting was adjourned at 8:40 p.m. ________________________________ Karen Sheek, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk