City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, AUGUST 25, 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, 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 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 August 11, 2015. b. Approval of the payment of the Expenditure Vouchers of August 25, 2015. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure list totaling $38,322.69. 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 a. Request for Exemption. Jacob Wilkerson stated that he recently purchased property addressed as 2303 South Broadway with the understanding that the property was zoned residential/commercial use. He stated that he is remodeling the home and plans to build an automotive shop on the property. He stated that he was told that he would have to pave eight parking spaces on the property for the shop and asked if there was any kind of exemption that Council could give him until he can get his business up and running. He noted that none of the other businesses in the area have paved parking for their businesses. Discussion was held on the location of the property which is next to the County/City line. In answer to a question from Mayor Pro-tem Keel, Director of Planning and Building Proffer stated that the businesses that are located in the area may have been established prior to the regulations and he noted that staff does not have the authority to make an exception to the Land Use Code requirements. Director of Planning and Building Proffer gave background on why paved parking is required and stated that paved parking helps with the storm water conveyance plan. Councilmember Price asked if a condition could be made that Mr. Wilkerson pave his parking lot if the frontage road is ever paved. Discussion was held about allowing an exception due to the circumstances of where the property is located without setting a precedent for future requests. Council asked for staff to research all the possibilities and see if there was a way to give some relief to Mr. Wilkerson. Mr. Wilkerson stated that he would CITY COUNCIL REGULAR MEETING AUGUST 25, 2015 PAGE 2 pave the parking spaces as soon as he could, if Council would give him the opportunity to get his business started. 5. PUBLIC HEARINGS a. Ordinance No. 1201, Series 2015. City Attorney Green stated that Ordinance No. 1201, Series 2015, regulates the outdoor cultivation of marijuana. He stated that the ordinance would amend Section 18-55(b) to read that it shall be illegal to cultivate marijuana of any type retail, medical or for personal use outdoors. He commented that there have been questions from citizens regarding marijuana that can be seen in yards that are growing outside and concerns that children having access to the marijuana that can be seen growing outside. Mayor Sheek opened the hearing. James Burke stated that he does not have the money to grow indoors due to the expense of electricity and that he has a medical issue and has grown marijuana outside for his own use for many years. He stated that marijuana has helped him stay off of prescription drugs and commented that law enforcement should be called if there is someone trespassing onto someone else’s property. No one else spoke and the public hearing was closed. A citizen named Dave asked if he could speak, though the hearing was closed. Council allowed him to comment and he stated that Council legalized dispensaries to grow marijuana so they could receive the tax income; however, there are a lot of people that are on a fixed income that cannot buy marijuana from the dispensaries as it is too expensive and they grow their own at their homes. He stated that it is expensive to grow indoors and that fences can protect the small amount that people grow in their back yards. Discussion was held about the fact that it is currently illegal to grow medical or retail marijuana outside and the ordinance would fix the regulation to include the growing of marijuana for personal use. Councilmember McLaughlin stated that fences are different throughout the community and that the regulation is for the protection of the children. Mayor Sheek stated that the regulation is being proposed so that anyone that wants to grow marijuana is in an enclosed area and it was noted that a greenhouse would be considered an indoor facility. Councilmember McLaughlin moved that Council approve Ordinance No. 1201, Series 2015, regarding the outdoor cultivation of marijuana. 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. Transfer of Ownership of a Hotel and Restaurant Liquor License for Loungin’ Lizard. City Attorney Green stated that the City has received an application for a Transfer of Ownership for a Hotel and Restaurant Liquor License from Loungin’ Lizard located at 2 West Main Street. He stated that Loungin’ Lizard is owned by Brian and Amanda Puett and the Puett’s are changing their Corporation from RisingSol Inc. to Loungin’ Lizard, Inc. which requires the liquor license to be transferred. He stated that the background checks were completed on the Puett’s in September CITY COUNCIL REGULAR MEETING AUGUST 25, 2015 PAGE 3 2014 and no arrest record is shown and that staff recommends approval of the Transfer of Ownership without a public hearing. Councilmember Butler moved that Council approve the Transfer of Ownership of a Hotel and Restaurant Liquor License for Loungin’ Lizard, Inc., DBA Loungin’ Lizard, located at 2 West Main Street, without a public hearing. 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 b. Letter to the Public Utilities Commission. Director of General Services Smith stated that during the Colorado 2014 Legislation several portions of the telecommunications laws were rewritten. He stated that some of the changes impact the rural areas of Colorado and favors older technology and larger incumbent providers. He stated that the rural communities of Colorado have worked hard to bring a choice of providers and advanced services to the consumers and these new changes would have an impact on the networks that have been created to provide services to the rural areas. He stated that the City has been asked to send a letter to the Colorado Public Utilities Commission requesting that the Commission open an appropriate collaborative, forward-looking, rulemaking proceeding consistent with Colorado’s Administrative Procedures Act. He stated that the Colorado Municipal League (CML) has recently been informed of the changes that were made in 2014 and they may get involved as well. Mayor Sheek stated that she does not want to see all the hard work that the City and other communities have done go to waste because we did not follow through with due diligence. In answer to a question from Mayor Sheek, Director of General Services Smith stated that many of the communities will be requesting letters from their town boards over the next few weeks. Councilmember Lucero moved that Council authorize the Mayor to sign, on behalf of the City of Cortez, a letter to Mr. Doug Dean, Director of the Colorado Public Utilities Commission. 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 CITY COUNCIL REGULAR MEETING AUGUST 25, 2015 PAGE 4 a. Mayor’s Report on Workshop. Mayor Sheek stated that during the worksession new Police Officers Travis Duncan and Noah Herrmann were introduced. Also, Director of Finance Moss presented information on a class she recently attended regarding priority-based budgeting and Director of Planning and Building Proffer spoke about blight abatement. Discussion was also held on how the Police Department currently addresses noise through the existing code and whether there is a need for a noise ordinance. b. Golf Advisory Board. Mayor Pro-tem Keel stated that on August 19, 2015, the Golf Advisory Board met to discussion the high school golf season which has begun and it was noted that approximately 220 participants attended the Pinto Bean Golf Tournament. He stated that discussion was held on golfers not repairing their ball marks and he noted that work continues on a new tee box at Hole 9. He stated that a night-time golf tournament will be held Friday, August 28, 2015, and the proceeds from the tournament will be used towards the girl’s golf team. City Manager Hale spoke about the night-time tournament which will be played with an LED golf ball. Councilmember Price commented that it is nice to see a full parking lot at the golf course and City Manager Hale stated that a lot of compliments were received during the Pinto Bean Golf Tournament on how nice the course looks. Council complimented the staff at the course on their hard work. The regular meeting was adjourned at 8:30 p.m. ________________________________ Karen Sheek, Mayor ATTEST: ________________________________ Linda L. Smith, City Clerk