City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, AUGUST 11, 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 General Services Rick Smith, City Planner Tracie Hughes, Director of Planning and Building Sam Proffer, Chief of Police Roy Lane, City Clerk Linda Smith, City Attorney Mike Green, and City Manager Shane Hale. There were three people present in the audience. Mayor Sheek stated that Council extends their support to the Durango community as they deal with the Animas River issues. 2. The Consent Agenda items acted upon by Council were as follows: a. Approval of the Worksession and Regular Meeting Minutes of July 14, 2015. b. Approval of the payment of the Expenditure Vouchers of July 28, 2015. c. Approval of a renewal Hotel and Restaurant Liquor License for Once Upon LLC, DBA Once Upon a Sandwich, located at 7 West Main Street, Cortez. Councilmember Lucero moved that Council approve the Consent Agenda, with the additional expenditure list totaling $171,223.58. 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. Resolution No. 14, Series 2015. City Planner Hughes stated that Resolution No. 14, Series 2015, approves a site development plan to expand an existing structure owned by Osprey on property located at 115 West Progress Circle. She stated that Lauren Jackson, on behalf of property owners Michael Pfotenhauer and Diane Wren, has submitted an application to the City for review of a site development plan for the expansion of an existing structure on property located in the Industrial (I) Zone. She stated that the parcel is 2.499 acres and the existing building is approximately 31,168 square feet. She stated that the applicant is proposing to convert existing warehouse space to office space and a small amount of area for manufacturing, with a proposed expansion of approximately 3,000 square feet in the form of a mezzanine. She stated that parking and landscaping will be added to the east side of the property and she noted that the footprint of the building would not be expanded. She reviewed the parking requirements and stated that the CITY COUNCIL REGULAR MEETING AUGUST 11, 2015 PAGE 2 applicants have proposed a total of 81 parking spaces. She reviewed the comments received from the utility suppliers and affected special districts and noted that the applicant has been notified of the Cortez Sanitation District’s request for access to their easement through the parking lot. City Planner Hughes stated that staff recommends approval of the site development plan through Resolution No, 14, Series 2015, with five conditions. In answer to a question from Mayor Pro-tem Keel, City Planner Hughes stated that the applicant would be resubmitting drawings incorporating the realignment of the paved driveway so there is no encroachment on City property and they would extend the culvert to provide for the realignment. Mayor Pro-tem Keel asked about the location of the City’s fiber in the area and Director of General Services Smith stated that the fiber to Osprey is located straight south from the City shop and does not connect with their entrance which is located east of the fiber location. Mayor Sheek opened the public hearing. Diane Wren, owner of Osprey stated that they have several employees who ride their bikes to work and noted that it is nice having the Geer/Carpenter Natural Areas located nearby. No one else spoke and Mayor Sheek closed the public hearing. Mayor Pro-tem Keel moved that Council approve Resolution No. 14, Series 2015, approving a site development plan to expand an existing structure on property located at 115 West Progress Circle, in the Industrial (I) Zoning District, as submitted by Lauren Jackson, agent for property owners M ichael Pfotenhauer and Diane Wren. 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 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Ordinance No. 1201, Series 2015. City Attorney Green stated that Ordinance No. 1201, Series 2015, approves an ordinance regarding the outdoors cultivation of marijuana. He stated that there has been increased questions about the general outdoor cultivation of marijuana; however, the City Land Use Code and the City Code do not deal directly with the different marijuana uses allowed in Colorado: medical, retail, and personal use. He stated that changes to the ordinance would address the three different uses and a set the fine for violation of the ordinance. Discussion was held on the current regulations on growing marijuana outdoors and City Attorney Green stated that there was a gap between growing for medical and/or retail and for personal use. City Manager Hale noted that the public concern is kids seeing marijuana growing in a yard and having that access to it. City Attorney Green stated that there seems to be a gap in the requirements for growing outside which is the reason for the change to the regulations. Councilmember Archibeque moved that Council approve Ordinance No. 1201, Series 2015, on first reading and set for public hearing on August 25, 2015. 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 CITY COUNCIL REGULAR MEETING AUGUST 11, 2015 PAGE 3 b. Calix Electronics Addition. Director of General Services Smith stated that the City head-end electronics equipment for the Fiber to Business is out of capacity and in order to bring on more customers, the electronics provided by Calix needs to be added to the system. He stated that in 2011 the City choose Calix as the equipment/platform to power the PON system in Phase 1. He stated that purchase of the Calix equipment would total $75,290.50 and that the bid includes spare GPON cards and SFP in case of emergency. He stated that the City plans on utilizing the matching funds for the purchase of the additional equipment. In answer to a question from Councilmember Lucero, City Manager Hale stated that the equipment allows additional customers to be added to the existing Phase 1 project. Mayor Pro-tem Keel moved that Council approve the purchase of the additional Calix equipment and spares at the quoted price of $75,290.50. 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. Noise Ordinance. Jim Mischke, 143 East North Street, stated the he would like to speak on an issue that he feels is a health threat to the community. He read a document entitled Cortez City Noise Ordinance Resolution which he commented the observation of a research team in regard to sleep disturbances. He stated that noise during sleep causes increased blood pressure, increased heart rate, cardiac arrhythmias, and other issues which do not decrease over time and secondary effects can cause fatigue, depressed mood, and diminished sense of wellbeing. He stated that combinations of noise and vibration have a detrimental effect on health even at a low pressure of sound. He made other comments on the problems which noise can cause for citizens and stated that he has lived on North Street since 1979 and feels that the noise pollution in the community has increased. He commented that Monticello, Moab, and Durango have passed ordinances in regard to noise levels and he would like to open discussion with Council on the possibility of having a noise ordinance in Cortez. Discussion was held on the measurement of noise decibel levels and the process for completing the measurement. Mr. Mischke stated that some noises are unavoidable; however, some noise can be prevented. In answer to a question from Mayor Pro-tem Keel, City Attorney Green stated that the City has a disturbing the peace ordinance; however, we do not have a way to measure decibels. City Manager Hale stated that he had spoken with Mr. Mischke about his concerns and will include information on a future worksession for further Council discussion. Mr. Mischke stated that he would be available to help Council in any way to further the discussion on the issue and, in answer to question from Mayor Sheek, Mr. Mischke stated that he feels Main Street may be the main target area for noise issues. 10. OTHER ITEMS OF BUSINESS – None. 11. CITY ATTORNEY’S REPORT – None. CITY COUNCIL REGULAR MEETING AUGUST 11, 2015 PAGE 4 12. CITY MANAGER’S REPORT a. Pinto Bean Golf Tournament. City Manager Hale stated that the Pinto Bean Golf Tournament would be held this weekend. He stated that there will be 240 players competing in the tournament held at the Conquistador Golf Course. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the worksession, discussion was held on demolition of the old high school and the Community Support Grant budget for 2016. She stated that an update was given on the broadband services and information was shared on the Volunteer Program which is being spearheaded by Welcome Center Manager Noel Cooley. She stated that an update was also given on the City’s refuse service. b. Montezuma Community Economic Development Association (MCEDA). Councilmember McLaughlin gave Council copies of the new MCEDA brochure which were recently completed. She thanked Bern Heath from Axis Health for donating money to pay for the printing cost of 1,000 of the brochures. She stated that work continues on the web site and Josh Dellinger, General Manager for Empire Electric, was appointed as a new Business Board Director. She stated that discussion is being held on the replacement of Economic Development Specialist Chris Burkett, by the spring of 2016. c. Mesa Verde Country Tourism Board. Mayor Sheek stated that Mesa Verde Country Tourism Board met with board members of the Cortez Cultural Center to discuss what will happen with the center and an open community meeting was held on Monday, August 10, 2015, to receive additional input from the public. She stated that another public meeting will be held on Thursday, August 13, 2015, at 6:00 p.m., at Cortez Cultural Center. d. Historic Preservation Board. Mayor Pro-tem Keel stated that he missed the Historic Preservation Meeting that was held on August 5, 2015, but did attend the ice cream social event that was held on Saturday, August 1, 2015, at Montezuma Park. He stated that several residents from Montezuma Avenue were in attendance to discuss the proposal of a Historic District for Montezuma Avenue. The regular meeting was adjourned at 8:15 p.m. ________________________________ Karen Sheek, Mayor ATTEST: ________________________________ Linda L. Smith, City Clerk