City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 9, 2016 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 Associate Planner Neva Connolly, City Planner Tracie Hughes, Airport Manager Russ Machen, Director of Planning and Building Sam Proffer, Director of Public Works Phil Johnson, Chief of Police Roy Lane, City Clerk Linda Smith, City Attorney Mike Green, City Manager Shane Hale. There were seven 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 January 26, 2016. b. Approval of the payment of the Expenditure Vouchers of February 9, 2016. c. Approval of a renewal Beer and Wine Liquor License for Hong Kong Chinese Restaurant Inc., DBA Hong Kong Chinese Restaurant, located at 332 West Main Street, Cortez. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure list totaling $35,838.24. 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 3. PRESENTATION – None. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS a. Ordinance No. 1206, Series 2016. City Attorney Green stated that Ordinance No. 1206, Series 2016, adopts regulations for outdoor dining and service of alcohol in the Central Business District. He stated that nothing has changed since the ordinance was presented on first reading to Council at their last meeting on January 26, 2016. Mayor Sheek opened the public hearing; however, no one spoke and public hearing was closed. Mayor Pro-tem Keel moved that Council approve on final reading Ordinance No. 1206, Series 2016, outdoor dining and service of alcohol policy and process for the Central Business District. 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 CITY COUNCIL REGULAR MEETING FEBRUARY 9, 2016 PAGE 2 b. Resolution No. 4, Series 2016. Associate Planner Connolly stated that Resolution No. 4, Series 2016, approves a conditional use permit to establish a Midas franchise at 244 East Main Street. She stated that a conditional use permit is required for an auto repair garage that is located in the Central Business District (CBD). She stated that the proposal is to discontinue the gas station/convenience store and to expand the auto repair service. She stated that the proposed hours of operation will be Monday through Friday, 8:00 a.m. to 6:00 p.m., and Saturdays, 8:00 a.m. to 5:00 p.m. She stated that the current structure is approximately 3,450 square feet, and the expansion is proposed for 1,920 square feet, for a structure total of 5,270 square feet. She stated that the proposal meets all the setback and lot coverage requirements. She stated that the applicant, Cody Dennison, has proposed 9.8% landscaping on the property, though there currently is no requirement for landscaping in the CBD zone, and will provide 19 off-street parking spaces. She stated that the Colorado Department of Transportation (CDOT) has requested that the applicant close the eastern access on Main Street and the applicant has proposed to use that area for on-street parking and a landscaped buffer area. She reviewed the conditions of approval from Land Use Code Section 6.10(f) and stated that staff recommends approval of the conditional use permit for the property located at 244 East Main Street through Resolution No. 4, Series 2016, with five conditions of approval. Mayor Sheek opened the public hearing; however, no one spoke for or against and the public hearing was closed. Councilmember Lucero moved that Council approve a conditional use permit for property located at 244 East Main Street, as submitted by property owner Cody Dennison, through Resolution No. 4, Series 2016, with five conditions. 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 c. Resolution No. 5, Series 2016. Associate Planner Connolly stated that Resolution No. 5, Series 2016, approves a site development plan for the establishment of a Midas franchise located at 244 East Main Street. She stated that the site development plan is being run concurrently with the conditional use permit for the Midas franchise. She noted that the information for the site development plan is the same as was presented for the conditional use permit (5b.) and noted that the exterior of the structure will be updated to reflect Midas franchise standards which will include stucco, rock deco, and signage. She stated that the site’s dumpster and additional tire storage area will be enclosed and will match building material and colors to screen public view. She stated that staff recommends approval through Council Resolution No. 5, Series 2016, with five conditions. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Lucero moved that Council approve a site development plan for the establishment of a Midas franchise, as submitted by owner Cody Dennison, for property located at 244 East Main Street, through Council Resolution No. 5, Series 2016, with five conditions. 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 CITY COUNCIL REGULAR MEETING FEBRUARY 9, 2016 PAGE 3 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Land Lease Agreement with United Search and Rescue. Airport Manager Machen stated that the Denver Broncos played a wonderful Superbowl game and had a great defense. He stated that the United Search and Rescue land lease expired on January 30, 2016, and they have requested the City renew their lease. He stated that the Airport land lease policy currently provides for 40 year leases with no reversion of building to the Airport. He stated that the hangar for the United Search and Rescue was constructed 20 years ago with donated funds from the community. He stated that since the United Search and Rescue is a volunteer organization under the direction of the Sheriff’s Department, it was thought prudent to charge a $1.00 payment for the entire 40 year term, due to the nature of their service to the community. Councilmember Archibeque moved that Council approve the Land Lease Agreement with United Search and Rescue, for a hangar located at the Airport. 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 b. Intergovernmental Agreement with Montezuma County Clerk and Recorder. City Clerk Smith stated that the Intergovernmental Agreement with the Montezuma County Clerk and Recorder agrees to the duties that the City and County will provide during the April 5, 2016, election. She stated that the Montezuma County Clerk provides training for the judges, the list of the registered voters, the information required for printing the ballots, use of the County’s electronic equipment for counting the ballots, and space for the judges to be located during the counting of the ballots. She stated that the County also provides the canvass of the election and their expertise throughout the process. She stated that due to the fact that Mancos and Dolores will also be holding elections on April 5, 2016, the County has decided to charge the three municipalities only $500 each for their services. She commented that the County Clerk’s help is invaluable through the process and that staff recommends approval of the Intergovernmental Agreement. Councilmember McLaughlin moved that Council approve the Intergovernmental Agreement with the Montezuma County Clerk and Recorder regarding duties that they will perform for the Municipal Election to be held on April 5, 2016. 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. Boundary Adjustment Plat for AMC Developing, LLC and Montezuma County Shop Tract. City Planner Hughes stated that Jim Candelaria of AMC Developing, LLC, and Montezuma County wish to complete a boundary adjustment between two parcels of land. She stated that the boundary adjustment would be to increase the property located at 1680 North Dolores Road (Montezuma County) by extending a portion of the southwestern boundary to add an additional 1.52 acres to the CITY COUNCIL REGULAR MEETING FEBRUARY 9, 2016 PAGE 4 parcel. She stated that the 1.52 acres will be transferred from the property owned by AMC Developing (Jim Candelaria). She stated that the boundary adjustment will add acreage to the County shop property and also will allow the County to obtain a portion of land where the County has a sewer service line across the AMC property. Mayor Pro-tem Keel moved that Council approve a boundary adjustment plat for AMC Developing, LLC and Montezuma County Shop Tract, for the purposes of a boundary adjustment between two parcels of land located at 1500 North Dolores Road and 1680 North Dolores Road. 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. Addendum to City Manager’s Contract. Mayor Sheek stated that Council has agreed to offer City Manager Hale a 5.5% raise (2% increase due to a cost of living raise which the City employees received this year and the other 3.5% as a merit increase) and would be retroactive to City Manager Hale’s anniversary date. She stated that Council feels City Manager Hale is doing a wonderful job and would like to recognize his good work. She stated that Council would also like to offer City Manager Hale an additional one week paid vacation and an additional month (from five months to six months aggregate compensation) to his severance package should he be terminated by the City Council. City Manager Hale thanked Council for the raise; however, he noted that the cost of living raise was not adjusted for the employees until January 4, 2016, and he feels the date for that change should be the same as all the City employees so he is not getting something different. He noted that the merit increase for employees does go back to their anniversary date (which for City Manager Hale is October 31). Councilmember McLaughlin moved that Council approve Addendum 2 as stated above, with a 3.5% raise retroactive to October 31 and a 2% raise retroactive to January 4, 2016, one week additional vacation time and, an additional month added to his severance agreement. 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 8. DRAFT ORDINANCES/RESOLUTIONS a. Draft Ordinance Regarding the Measurement of Distance for Liquor Licenses and Marijuana Facilities. City Attorney Green stated that the draft ordinance simplifies and makes consistent the manner of measuring distance in matters concerning liquor, medical, and retail marijuana establishments. He stated that the general language is based on the State Liquor Licensing Authority regulations/statutes as staff is unaware of a State licensing distance measuring for marijuana facilities. He stated that the proposal will change the way in which the direct measurement is made and noted that staff has said that a wheeled measuring device is not as accurate as a tape measure. He stated that the device used for measurement will be changed in the ordinance for first reading. He stated that also Ordinance No. 930, Series 2000, which eliminates the 500-foot restriction between schools and certain statutorily defined liquor retail outlets in CITY COUNCIL REGULAR MEETING FEBRUARY 9, 2016 PAGE 5 specified areas, will be included in the draft ordinance so it can be codified in the Cortez City Code. In answer to a question from Councilmember McLaughlin, City Attorney Green stated that the ordinance doesn’t change the measurements that are now in place, but rather defines how the measurement will be done. 9. ADDITIONAL CITIZEN PARTICIPATION – None. 10. OTHER ITEMS OF BUSINESS a. Extension of Department of Local Affairs Grant EIAF 7575. City Manager Hale stated that the Department of Local Affairs (DOLA) grant for the update and re-write of the Land Use Code was to expire on February 28, 2016, and the City is not going to be done with the project and is asking DOLA to extend the grant through December 31, 2016. He stated that the consultants for the re- write of the Land Use Code would be meeting with the Planning and Zoning Commission on March 1, 2016, to review the first module. Councilmember McLaughlin moved that Council authorize the Mayor to sign the Contract Amendment for EIAF 7575 – Cortez Land Use Code Re-Write, to extend the grant from February 28, 2016 to December 31, 2016. 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 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 workshop, discussion was held on the trip that several Councilmembers and staff had taken to view solar information. Council then adjourned to three Executive Sessions, one for a conference with the City Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6- 402(4)(b); second, to discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. Section 24-6-402(4)(a); and third, for discussion of a personnel matter under C.R.S. Section 24-6-402(2)(f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees. b. Montezuma Community Economic Development Association (MCEDA). Councilmember McLaughlin spoke of the MCEDA meeting this afternoon which included discussion on MCEDA possibly becoming a non-profit program and Laura Lewis-Machino being promoted as the new Region 9 Director in place of Ed Morlan. She stated that the annual MCEDA meeting has been scheduled for April 19, 2016, in Dolores. She stated that discussion was held on the World Jump CITY COUNCIL REGULAR MEETING FEBRUARY 9, 2016 PAGE 6 Program and a presentation will be made to the County Commissioners on the program which would offers tax breaks to new businesses. She stated that discussion was held on membership and how to make the dues more attractive to encourage businesses that are Chamber of Commerce members to join with the MCEDA program. She stated that a workshop titled Small Business Start Up will be offered by SBDC at the Welcome Center from 9:00 a.m. to 2:00 p.m., on February 23, 2016. c. Cortez Historic Preservation Board. Mayor Pro-tem Keel stated that the Cortez Historical Day will be held on May 21, 2016, and Montezuma Valley Bank (now the location of KSJD) will be getting a new plaque for their building. He stated that discussion was also held on the Calkins building and the CLG inventory. He stated that the Fairview Mesa Visitor Center may have a tenant this year and discussion was held on the new City Hall possibly displaying some historic artifacts in the new building. He stated that discussion was also held on the boundaries for the historic district. The regular meeting was adjourned at 8:15 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ________________________________ Linda L. Smith, City Clerk