City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, MARCH 8, 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 Director of Planning and Building Sam Proffer, City Planner Tracie Hughes, Associate Planner Neva Connolly, Director of General Services Rick Smith, Chief of Police Roy Lane, Director of Parks and Recreation Dean Palmquist, Greenskeeper Chad Balland, City Clerk Linda Smith, City Attorney Mike Green, City Manager Shane Hale. There were 22 people present in the audience. Mayor Sheek stated that today is International Women’s Day and she invited everyone to read information on the day which recognizes women and their achievements. 2. The Consent Agenda items acted upon by Council were as follows: a. Approval of the Worksession and Regular Meeting Minutes of February 23, 2016. b. Approval of the payment of the Expenditure Vouchers of March 8, 2016. City Manager Hale noted that a payment included in the additional expenditure list is to Action Direct LLC. (also known as Redpoint) for payment on the Paradise Village Project. He stated that the City has received complaints from some of Redpoint’s subcontractors that they have not been paid. He stated that the sub-contractors have been notified that they could call on the payment bond if they are not being paid by Redpoint; however, Redpoint has an agreement with their subcontractors that they will not pay unless they are paid by the City. He stated that the City wants to be forthcoming on the payment to Redpoint. c. Approval of a renewal Hotel and Restaurant Liquor License for La Casita De Cortez LLC, DBA La Casita De Cortez, located at 332 East Main Street, Cortez. d. Approval of a renewal 3.2% Beer Retail Liquor License for Worldwide Restaurant Corp., DBA Pizza Hut of Cortez, located at 1119 East Main Street, Cortez. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure list totaling $97,195.80. 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. PRESENTATIONS a. Proclamation in Recognition of Ag Expo Week. Becky Bell, representing the Ag Expo Board, invited everyone to attend the Ag Expo which will be held at the Montezuma County Fairgrounds on March 17, 18, and 19, 2016. Mayor Sheek read the proclamation recognizing the third week of March as Ag Expo Week. Members of the board were in attendance to accept the proclamation CITY COUNCIL REGULAR MEETING MARCH 8, 2016 PAGE 2 from the Mayor. b. Arbor Day Proclamation. Director of Parks and Recreation Palmquist stated that the Arbor Day celebration is an annual event sponsored by the Parks, Recreation, and Forestry Advisory Board and is a program geared toward local 4th grade students to bring awareness to Arbor Day and its meaning. He stated that the proclamation is presented each year to comply with Tree City USA requirements which the City of Cortez has been a member of for 24 years. He stated that an educational poster and poem competition is held during the Arbor Day celebration and prizes contributed by Osprey Packs and local banks are given to the winners. He stated that David Temple will again partner with the City to provide a small Blue Spruce tree for each of the students. Mayor Sheek read the Arbor Day Proclamation which proclaims Arbor Day as April 28, 2016. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS a. Ordinance No. 1207, Series 2016. City Attorney Green stated that Ordinance No. 1207, Series 2016, sets the measurement of distance for liquor license, medical marijuana licenses, and retail marijuana licenses. He stated that the ordinance had not been changed from the presentation to Council on first reading and noted that the ordinance includes the way in which staff would complete the measurement for distances of liquor licenses and marijuana establishments. City Attorney Green stated that also included in Ordinance No. 1207, Series 2016, will be the inclusion of Ordinance No. 930, Series 2000, which was not codified previously. He stated that Ordinance No. 930, Series 2000, eliminates the 500-foot restriction between schools and Hotel and Restaurant liquor licenses for a distance of one block on either side of a Federal or State Highway. In answer to a question from Mayor Pro-tem Keel, City Attorney Green stated that the distance is measured to the front door (main entrance) of a business. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Lucero moved that Council approve on final reading Ordinance No. 1207, Series 2016, an ordinance regarding the measurement of distance for liquor licenses, medical marijuana licenses, and retail marijuana licenses. 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 b. Ordinance No. 1208, Series 2016, and Addendum No. 1 to City of Cortez New Job Creation Agreement. City Manager Hale stated that Ordinance No. 1208, Series 2016, amends the agreements approved by Ordinance No. 1204, Series 2016, and to sell real estate located in Block 3 of the Montezuma County Public Facilities P.U.D. official development. He stated that Council approved an ordinance with Osprey Packs in January 2016; however, Osprey Packs has requested a few changes to the agreements. He stated that Ordinance No. 1208, Series 2016, encompasses several items including an addendum to the Job Creation Incentive, Revised Project Deadline, and offer to purchase real estate. He stated that the City is selling Osprey four acres for $225,000; however, the City will credit $5,000 against each new job in Cortez that Osprey creates over the CITY COUNCIL REGULAR MEETING MARCH 8, 2016 PAGE 3 next five years, as long as Osprey pays the Montezuma County average wage (currently $33,787), and the person has been employed in the position for a full year. Also, the City agreed to provide fiber to the site and to hold one acre of property for the next 10 years for the possible future needs of Osprey. He stated that amended agreement would change the date of the tracking for the new jobs to January 1, 2016, from the original date that was set as January 31, 2016. Also, Osprey has asked that the agreement be changed to note that an employee hired after January 1st that isn’t making the average wage, but is paid the average wage within the five-year timeframe, would count towards the new job amount. City Manager Hale stated that Osprey has requested 6 strands of fiber, rather than 2 strands and have offered to purchase a fifth acre for $56,250, which is the price per acre that the City valued the other four acres at that Osprey acquired through the original agree ment. He stated that the original development schedule was too accelerated for the project, and the design team has set a more realistic timeframe for development which is the reason for the revised addendum for the development schedule. He stated that all the changes were included as exhibits in Ordinance No. 1208, Series 2016. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Archibeque moved that Council approve on final reading Ordinance No. 1208, Series 2016, amending the agreement approved by Ordinance No. 1204, Series 2016, approving amended agreements and timeline. 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 6. UNFINISHED BUSINESS a. Ute Mountain Ute Tribe Memorandum of Agreement (MOA). City Manager Hale stated that he, Mayor Sheek, and Ken Charles from the Department of Local Affairs (DOLA), meet with the Ute Mountain Ute Tribal Council this morning and it was a great meeting. He stated that the Tribal Council were thankful that the City is working with them to make the engineering study project happen. He stated that City Council authorized staff to apply for an Energy and Impact Assistance Grant on behalf of the Ute Mountain Ute Tribe for preliminary engineering on their main transmission line on July 28, 2015, and City Council was first presented the item for approval on October 31, 2015; however, the item has been tabled until City Council and the Tribal representatives could work out the details. He stated that the Tribal Council executed the MOA last week which will outline the responsibilities for the City and Ute Mountain Ute Tribe for the preliminary engineering study on the Cortez-Towaoc pipeline project. He stated that once the MOA is in place, the City would then sign the contract for the Energy and Mineral Impact Assistance Grant (item 6b.). City Manager Hale spoke on how the paperwork would be handled for the payment of the contractors for the project as well as reimbursement from the State for the grant which is a 75/25% match with the Tribe. He stated that the City will not be out any funds in the project and is not charging administrative fees. Councilmember Lucero moved that Council authorizing the Mayor to sign the Memorandum of Agreement between the Ute Mountain Ute Tribe and the City of Cortez, to outline the understanding between the parties regarding the acceptance of an Energy and Mineral Impact CITY COUNCIL REGULAR MEETING MARCH 8, 2016 PAGE 4 Assistance Grant on behalf of the Ute Mountain Ute Tribe to conduct an engineering study on the Towaoc water line. 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. Energy and Mineral Impact Assistance Grant on Behalf of the Ute Mountain Ute Tribe. City Manager Hale stated that with the approval of the Memorandum of Agreement (item 6a.), Council may then consider authorizing the Mayor to sign the Energy and Mineral Impact Assistance Grant contract accepting the grant on behalf of the Ute Mountain Ute Tribe. Councilmember Archibeque moved that Council authorize the Mayor to sign the EIAF 08058 – Cortez Towaoc Transmission Line Preliminary Engineering Grant Contract in the amount of $60,000 on behalf of the Ute Mountain Ute Tribe, to conduct an engineering study on the Towaoc water line. 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. 2016 Utility Vehicle Bid. Director of General Services Smith stated that the Equipment Fund budget provides $30,000 for the purchase of a new utility vehicle to be used at the Conquistador Golf Course and will replace the oldest runabout vehicle. He stated that two bids were received on February 18, 2016, and staff has recommended that the City purchase the Jacobsen unit (2nd lowest bid) over the Toro unit (lowest bid). He stated that the Parks and Recreation staff has included a memo in the Council packet in regard to the reasons for their recommendation of the Jacobsen unit. He stated that the Jacobsen unit is $5,845.00 below the budgeted amount. Councilmember Lucero moved that Council award the 2016 Utility Vehicle Bid to C&M Golf, for the Jacobsen unit, at the bid amount of $24,155.00. 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 7. NEW BUSINESS a. Appointment of Municipal Election Judges. City Clerk Smith stated that staff is requesting Council appoint the five judges which would serve on the Municipal Election. She stated that three of the judges (Ann Gordanier, Patti Karracker, and Marilyn Madsen) would serve as the ballot counting judges and work on Friday, April 1 and Tuesday, April 5, 2016, and if needed on Monday, April 4, 2016. The canvas judges (Debbie Lovett and Ann Brown) will complete the canvass of the election on April 14, 2016. Mayor Pro-tem Keel moved that Council appoint the five Municipal Election Judges as listed. Councilmember Lucero seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING MARCH 8, 2016 PAGE 5 Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes b. Resolution No. 7, Series 2016. Councilmember Archibeque recused himself from the discussion and vote. Associate Planner Connolly stated that Resolution No. 7, Series 2016, approves an amended plat of Lots 185, 186, 187, and 188, of the Southern Bluffs Subdivision, Second Amended. She stated that Preston Dillon, authorized agent for owners Terry and Diane Sadler, has requested the consolidation of four lots in the Southern Bluffs Subdivision which will result in the vacation of the lot lines between Lots 185 through 188, and remaining will be three lots to be called Lots 185A, 186A, and 187A. She stated that the existing lots range from 0.14 to 0.17 acres. She stated that the new lots sizes shall be as follows: Lot 185A – 8,435 square feet; Lot 186A – 8,940 square feet; and Lot 187A – 9,270 square feet. She stated that the amended plat is allowed through Land Use Code Section 6.09(a)(9). She stated that in response to the Building Official’s comment about the utility connections, the applicant has noted that they will move one of the electrical/phone/cable clusters to the edge of one lot. She stated that staff recommends approval of the amended plat through Council Resolution No. 7, Series 2016, with two conditions. Mayor Pro-tem Keel moved that Council approve Resolution No. 7, Series 2016, approving an amended plat of Lots 185, 186, 187, and 188, of the Southern Bluffs Subdivision, Second Amended, as submitted by Preston Dillon, agent for Terry and Diane Sadler. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek * Yes Yes Yes Yes Yes Yes *Councilmember Archibeque recused himself from the discussion and vote. c. Annual Review of a Conditional Use Permit for Children’s Kiva Montessori School located at 18 and 25 Beech Street. Councilmember McLaughlin recused herself from the discussion. City Planner Hughes stated that on June 23, 2015, Council approved a conditional use permit for the Children’s Kiva Montessori School to be located at 18 and 25 Beech Street with a review to be held annually and the permit to expire on July 2018. She noted that two items needing to be addressed in the building are repairs to the structure roof and a fire code violation that is related to a door that needs to be updated to allow adequate egress from the building. She stated that no formal complaints had been received other than one e-mail received today regarding a truck that was parked on North Street and was blocking a driveway. She gave Council a copy of the e-mail and picture of the vehicle parked in front of the driveway. In answer to a question from Mayor Sheek, City Planner Hughes stated that she did not know if it was a one-time incident or if it was a continual issue. She stated that City staff members have observed the pickup and drop-off of students at the school and there does not seem to be any concerns at this time. Mayor Sheek stated that she and Julie Suckla walked the neighborhood and talked with the businesses in the area and there were still a number of reservations regarding safety issues, but there did not seem to be any other issues concerning the school. She stated that several comments were made on how nice it is to see the children playing and there was concern expressed about people not stopping at the four- way stop sign. Mayor Sheek stated that the Police Department have been monitoring the corner more often. Mayor Sheek commented that the location is not an ideal place for a school but has CITY COUNCIL REGULAR MEETING MARCH 8, 2016 PAGE 6 worked for the time being and Mayor Pro-tem Keel commended the school for being pro-active in doing what is best for the kids at the school as well as being a good neighbor. City Manager Hale stated that a complaint was received that the custodial night staff was using a business’s dumpster and that complaint was checked out and that problem has been handled. Mayor Sheek asked if anyone from the audience would like to speak. Nate Seeley, School Board President for the Children’s Kiva Montessori School, thanked Council for the opportunity to speak and stated that the school has tried hard to exceed Council’s expectations over the past year. He stated that this is the second year of the schools existence and the charter school has 97 students, 25 of which are kindergarten children taught at the school located on Empire Street, and 72 are taught at the facility on Beech Street. He stated that there are approximately 55 to 58 vehicles that are in the drop-off/pick-up cycle and procedures for that process continue to be improved. He stated that the school is proposing to offer kindergarten through 8th grade next school year with 135 students enrolled, 25 of which would be kindergarten children at the Empire Street location and 110 students would be taught at the Beech Street location. He stated that currently there are 14 employees and next school year (2016-2017) there are plans to have 17 to 18 employees that are paid at the RE-1 School District pay schedule. He asked that Council re-authorize the school to remain in its current location for another year. Councilmember Lucero stated that the only comments he has heard is in regard to traffic which is an issue at every school during drop-off and pick-up times. City Manager Hale stated that several City employees have observed the situation of the children crossing the street as well as the pick-up routine and the school seems to be taking the safety of the children very seriously. Discussion was held on the amount of time for the school to address the two items of repair to the facility and Mr. Seeley stated that the door should be repaired within the next few weeks. Mr. Seeley stated that he is meeting with Larry Yarbrough, owner of the property, on the structure issue to see when the repair can be completed on the roof. Director of Planning and Building Proffer spoke about the process for inspections of the school and commented that he is sure the issues would be fixed in a reasonable amount of time. Council agreed that they would like the issues addressed by the end of spring break (April 3, 2016). City Attorney Green stated that the resolution approved in July 2015 noted that Council would review the conditional use permit each year to be sure everything was in compliance; however, as long as the school meets Council’s expectations, no motion is required. d. Ordinance No. 1205, Series 2016. City Planner Hughes stated that Ordinance No. 1205, Series 2016, amends the Land Use Code to change the notification requirements for computation of time for public hearings. She stated currently the Land Use Code requires public notice to be published in a newspaper of general circulation at least fifteen days prior to a public hearing. She stated that the Cortez Journal only publishes the paper on Tuesdays and Fridays and the requirement has caused issues for getting projects noticed in a timely manner. She stated that Council would like to reduce the notification requirements to ten days and to count the day of the notice and the day of the hearing towards the required number of days. She stated that Planning and Zoning reviewed the ordinance on January 5, 2016, and recommended approve to City Council. Mayor Pro-tem Keel moved that Council approved Ordinance No. 1205, Series 2016, on first reading, and set for a public hearing on March 22, 2016. Councilmember Lucero seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING MARCH 8, 2016 PAGE 7 Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes e. 2016 Fertilizer Bid. Director of Parks and Recreation Palmquist stated that each year the Parks and Golf Course Maintenance Division bid out fertilizer products they will use for the year and that each fertilizer item is bid out separately to get the best overall price. He stated that an organic blend fertilizer is requested as it has a slower release rate with multiple layers of coating and better sustainability of the product throughout the summer season. He stated that the Golf Course Maintenance Division fertilizer bid includes granular fertilizer and liquid fertilizer and liquid growth regulator for the greens. He stated that four bids were received for the 2016 Fertilizer Bid and staff recommends that Crop Production Services Professional Products be awarded a bid amount of $42,281.35 ($12,521.60 from the Parks Division budget and $29,759.75 from the Golf Course Maintenance Division budget) and Golf Enviro Systems, Inc., be awarded a bid amount of $805.00 (entire amount from the Golf Course Maintenance Division budget). Councilmember Archibeque moved that Council award the 2016 Fertilizer Bid to Crop Production Services Professional Products for a total bid amount of $42,281.35 for the Parks and Golf Course Maintenance Divisions and to Golf Enviro Systems, Inc., for a total bid amount of $805.00 for the Golf Course Maintenance Division. 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 f. 2016 Park Fertilizer and Equipment and Storage Structure Bid. Director of Parks and Recreation Palmquist stated that the Cortez Parks Maintenance Division has been without a fertilizer and equipment storage structure due to budget constraints when the Parks Maintenance Shop was built in the late 1990’s. He stated that Cap Allen drew up storage structure design plans which is included in the Council packet and noted that storage of the Park fertilizer has been a safety concern. He stated that eight bids were received for the structure and Lancaster Enterprises was the low bidder with a bid of $41,341 which includes labor, materials, and construction of the storage structure. He stated that references were checked on Lancaster Enterprises and positive comments were received on their work. He stated that the bid is $6,341 over budget; however, $7,250 was saved from the outdoor pool thermal pool covers bid which could be allocated for this project. In answer to a question from Mayor Pro-tem Keel, Director of Parks and Recreation Palmquist stated that he does not anticipate any major projects for the outdoor pool this year. Councilmember Lucero moved that Council award the 2016 Park Fertilizer and Equipment Storage Structure Bid to Lancaster Enterprises for a bid amount of $41,341.00. 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 8. DRAFT ORDINANCES/RESOLUTIONS – None. CITY COUNCIL REGULAR MEETING MARCH 8, 2016 PAGE 8 9. ADDITIONAL CITIZEN PARTICIPATION – None. 10. OTHER ITEMS OF BUSINESS – None. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT a. Update on Paths to Mesa Verde, Presentation on DOLA Grant, Clean-Up Day. City Manager Hale stated that the Montezuma County Planning and Zoning Commission will hold a meeting on Thursday, March 10, 2016, at 6:30 p.m., to discuss the Paths to Mesa Verde. He stated that the County Planning and Zoning Commission recently discussed the project and weren’t really positive with their support and it was noted that the engineering study would provide a lot of answers to questions which the Commission seemed to have. City Manager Hale stated that he will be in Denver on March 16 and 17, 2016, and would present information on behalf of the City for the Mineral Impact Grant which the City has requested to be used towards the remodel of the new City Hall. He explained the process for the presentation and stated that Special Projects Chris Burkett, and the City’s architects, Tracy Reynolds and Brad Ash, would also be present at the grant hearing. City Manager Hale stated that he gave Ken Charles from DOLA a tour of the new City Hall facility and Mr. Charles commented that the building has a lot of potential. City Manager Hale stated that Clean-Up Day would be held on Saturday, April 16, 2016, beginning at 9:00 a.m., at Parque de Vida. He stated that following the clean-up a burger fry would be held for all the helpers. He stated that the April 16th Clean-Up Day would be the start for the week long event which will finish with the final day on Saturday, April 23, 2016, which will include free tipping at the land fill. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the workshop, a Certificate of Appreciation was given to Jim Campbell for his 4,000 plus volunteer hours given to the Welcome Center. Also, Welcome Center Manager Noel Cooley gave an update on the Welcome Center happenings which included the addition of a new part-time employee for the Welcome Center which will be paid for by the State Tourism Department. Mayor Sheek stated that the workshop also included a presentation from Karen Iverson from the La Plata Homes Fund’s Homebuyer Assistance Program and Chief of Police Lane spoke about a new software program he will be purchasing for his department. Chief of Police Lane also spoke and some educational programs the Police Department will be offering in March and April. Mayor Sheek stated that Michelle Cameron from Hospice spoke about the services which Hospice offers the community and that National Health Care Decisions Day will be held on April 23, 2016. b. Historic Preservation Board. Mayor Pro-tem Keel stated that discussion at the Historic Preservation Board meeting included defining the historic district in the community and it was noted that Historic Preservation Day will be held on May 21, 2016. He stated that discussion was also held on the current City Hall and its designation as a historic structure. c. Montezuma Community Economic Development Association (MCEDA). Councilmember McLaughlin stated that Chris Burkett attended his last MCEDA meeting and the board thanked him CITY COUNCIL REGULAR MEETING MARCH 8, 2016 PAGE 9 for his work. She stated that there was not a quorum at the meeting, so no other business was discussed. She stated that the annual MCEDA Board meeting will be held on April 19, 2016, from 12:00 p.m. to 2:00 p.m., in Dolores. The regular meeting was adjourned at 8:55 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ________________________________ Linda L. Smith, City Clerk