City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, APRIL 12, 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 City Planner Tracie Hughes, Director of Parks and Recreation Dean Palmquist, Director of Public Works Phil Johnson, Director of Planning and Building Sam Proffer, Director of General Services Rick Smith, Chief of Police Roy Lane, City Clerk Linda Smith, City Attorney Mike Green, and City Manager Shane Hale. There were 27 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 March 22, 2016. b. Approval of the payment of the Expenditure Vouchers of April 12, 2016. c. Approval of a renewal Hotel and Restaurant Liquor License for and Change in Premises for Jetty Inc., DBA Elm Street Tavern, located at 200 West Main Street, Cortez. d. Approval of a renewal Hotel and Restaurant Liquor License for Rudosky Golf LLC, DBA Conquistador Golf Course, located at 2018 North Dolores Road, Cortez. e. Approval of a renewal 3.2% Beer Retail Liquor License for Maverik Inc., DBA Maverik #497, located at 455 State Street, Cortez. f. Approval of a renewal 3.2% Beer Retail Liquor License for Western Refining Retail, LLC, DBA Giant #260, located at 921 East Main Street, Cortez. g. Approval of a renewal Retail Marijuana License for Durango Organics, LLC, DBA Durango Organics, located at 1104 East Main Street, Cortez. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure list totaling $105,045.91. 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 a. Southwest Colorado Sportsman’s Week Proclamation. Mayor Sheek read the proclamation proclaiming the second week of May as Southwest Colorado Sportsman’s Week and presented the proclamation to Steve Blackwell, organizer for the Ultimate Outdoor and Gun Show event. CITY COUNCIL REGULAR MEETING APRIL 12, 2016 PAGE 2 b. Cowboy Poetry Week Proclamation. Mayor Sheek read the proclamation and stated that Cowboy Poetry Week will be held April 17 through 23, 2016. Barbara Richhart received the proclamation and presented Council with a poster for Cowboy Poetry Week. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS a. Retail Marijuana Store License for The Doobie Sisters. City Attorney Green stated that an application to open a retail marijuana store has been received from Southwest Sunshine LLC, DBA The Doobie Sisters, to be located at 695 North Broadway. He stated that there will be no manufacturing in the building, only a store front for sales. He stated that memos were included in the packet from staff noting their approval of the license and that the owners of new store are working to meet the requirements of the State and City. He stated that he has requested that the members of the LLC designate a manager for the business. He stated that all the required paperwork is in order and staff recommends approval of the application for a retail marijuana store. Chief of Police Lane was sworn in and noted that Boyd Neagle, Compliance Officer for the Police Department, would be working with the business to be sure that the store has met the requirements for a retail marijuana store prior to opening. Chris Wolf, member of Southwest Sunshine LLC, presented the City Attorney with a memo signed by the members of the LLC designating him as the manager for the business. City Attorney Green asked that the document be added to the application file. Mr. Wolf introduced the members of the company which included Carly Wolf and Ken Mahaffey. He noted that the other member, Corin Wolf, would be moving to Cortez soon. In answer to a question from Mayor Sheek, Mr. Wolf stated that the process for the store began about six months prior to coming to Council for approval. He stated it has been a really good learning process and that it is a privilege, not a right, to own the store. He spoke about the certifications which the staff is completing prior to opening the retail marijuana store. Mayor Sheek opened the public hearing; however, no one spoke and the public hearing was closed. Mayor Sheek noted that review of the retail marijuana store application is a Quasi-Judicial item and she asked if any Councilmember had spoken with anyone about the item, which no one said they had. In answer to a question from Councilmember Lucero, City Manager Hale noted that the store would only be for the sale of retail marijuana and there would not be any marijuana grown on site. Councilmember Archibeque moved that Council approve a new Retail Marijuana Store License for Southwest Sunshine, LLC, DBA The Doobie Sisters, to be located at 694 North Broadway. 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. Resolution No. 9, Series 2016. City Planner Hughes stated that Resolution No. 9, Series 2016, approves a site development plan to construct a combined court facility and public meeting space at 865 North Park Street, in the Planned Unit Development (PUD) Zoning District. She stated that the CITY COUNCIL REGULAR MEETING APRIL 12, 2016 PAGE 3 parcel is 7.09 acres and is located on the west side of Park Street, across from the intersection of Park Street and Driscoll Street, in the Montezuma County Public Facilities PUD. She stated that the combined court building is approximately 32,450 gross square feet and includes four courtrooms, administrative support offices, and a meeting room. She stated that the rear of the building includes a sally port for transportation of inmates to the courts. She stated that the proposed structure meets all setbacks outlined in the Montezuma County Public Facilities PUD agreement and is below the maximum lot coverage of 50%. She explained that the project is subject to the Montezuma County PUD agreement as well as the requirements of the City of Cortez Land Use Code. She noted that Planning and Zoning reviewed the application on March 1, 2016, and recommended approval. She reviewed the Land Use Code requirements for a site development plan and stated that the applicant has designed a building that meets the required parking and landscaping requirements. She noted the comments made from the utility suppliers and affected special districts and stated that staff recommends approval of the proposal through Resolution No. 9, Series 2016, with five conditions. Dennis Humphries, of Humphries Poli Architects, stated that the facility is much needed in the community and noted that by combining the courts into one building it will allow for more efficiency of the court system and the safety of the public. He thanked City Planner Hughes for guiding them through the process and stated that the proposal was developed under the Montezuma County Public Facilities PUD agreement, which was written a long time ago, as well as the City’s Land Use Code requirements. He spoke of the design of the building which was inspired by the landscape of the community and reviewed the parking lot as well as the elements of the building which will include a kiva-looking room. He stated that the building is being constructed as LEED Gold certified and will feature a lot of daylight in the building. In answer to a question from Councilmember Lucero, Mr. Humphries stated that they hope to break ground this summer and completion is planned within 12 months. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Lucero moved that Council approving a site development plan to construct a combined court facility and public meeting space at 865 North Park Street, in the Montezuma County Public Facilities Planned Unit Development Zoning District zoning district, as submitted by Dennis Humphries, agent for property owner Montezuma County, through Planning and Zoning Resolution No. 9, 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 6. UNFINISHED BUSINESS - None 7. NEW BUSINESS a. Results of RFP Project #PW-16-01, for Hydraulic Modeling Services. Director of Public Works Johnson stated that the City of Cortez water distribution system, one of the City’s largest single capital investments, currently has the capacity to supply approximately 10 million gallons per day of treated McPhee Reservoir water to customers in Cortez, Montezuma County Water District CITY COUNCIL REGULAR MEETING APRIL 12, 2016 PAGE 4 #1, and Towaoc. He stated that the water supply and pressure is through a gravity-feed system consisting of three treated water storage tanks and approximately 83 miles of underground water transmission and distribution main lines ranging in size from 4-inch to 20-inch diameter. He stated that the City’s Engineering Division recently sent out a Request for Proposals (RFP) from experienced firms for services related to developing, implementing, and application of the foundation for a hydraulic model to represent the dynamics of the Cortez water distribution system. He stated that six bids were received in response to the RFP with five of the firms qualified to develop the base WaterCad hydraulic model for the City. He spoke of the benefits of having the information regarding the City’s water system and stated that staff recommends that SGM Inc. be awarded the bid. He spoke about the difference in the bid proposals and stated that staff feels that SGM Inc. has the staff and experience to provide the required working model information. In answer to a question from Mayor Pro-tem Keel, Director of Public Works Johnson explained the value of the information which will be received and how the City can use the information to make decisions on the water system to keep costs down and conserve water. City Manager Hale stated that the City did receive a grant from the Department of Local Affairs (DOLA) to help pay for the study. Councilmember Lucero moved that Council enter into a Professional Services Contract with SGM Inc. for the Hydraulic Modeling Services in the amount of $60,263.00. 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 b. Grant Agreement Between the Department of Local Affairs (DOLA) and the City of Cortez for EIAF Project #8140. Director of Public Works Johnson stated that the City was awarded an Energy and Mineral Impact Grant in the amount of $25,000 from the State of Colorado Department of Local Affairs (DOLA), which is to be used towards the development of a Hydraulic Model of the City’s water distribution system. Councilmember McLaughlin moved that Council authorizing the Mayor to sign the Grant Agreement between the State of Colorado Department of Local Affairs and the City of Cortez for EIAF Project #8140, pertaining to the Cortez Water Distribution System Engineering Hydraulic Modeling Services. 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 c. 2016 Street Striping Project. Director of Public Works Johnson stated that all of the streets in Cortez are in need of restriping and it is more efficient to contract this work out since we do not have the proper striping equipment to perform the work in an efficient manner. He stated that two bids were received for the request and Stripe A Lot, Inc., is the low bidder at $20,511.00, with an escalation clause for three years, taking the bid to 2018. He stated that the City has worked with Stripe A Lot, Inc. before and recommends their approval. Councilmember Archibeque moved that Council award the 2016 Street Striping Project to Stripe A CITY COUNCIL REGULAR MEETING APRIL 12, 2016 PAGE 5 Lot, Inc., in the amount of $20,511.00, with the escalation clause for three years as noted in the contract documents. 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. Fiber Optic Cable Award. Director of General Services Smith stated that as part of the City’s commitment to the new Osprey Headquarters, the City is tasked with constructing a new fiber route to the Empire and Park site. He stated that the route will run from the City Service Center, down Mildred Road to Empire Street. He stated that the hospital has requested a second fiber path be constructed to the new hospital addition and he noted that the fiber would be the first placed on the electric poles. He stated that the DOLA grant will provide the funding for the fiber route and noted that seven responses were received for the bid. He stated that staff recommends the bid be awarded to the low bidder, Graybar at the bid amount of $25,410.57. In answer to a question from Mayor Pro-tem Keel, Director of General Services Smith stated that the bid is for the fiber optic cable only and more bids will be presented to Council in the future for the installation and splicing. City Manager Hale noted that the purchase will be for approximately two miles of cable. Discussion was held on the difference in the cost of burying or hanging the fiber. Mayor Pro-tem Keel moved that Council award the Fiber Optic Cable Award to the low bidder – Graybar at the total bid amount of $25,410.57. 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 e. Letter of Support for BLM Master Leasing Plan. City Manager Hale stated that Council was approached at the last Council meeting about a request to send the Bureau of Land Management (BLM) a letter of support in favor of the Master Leasing Plan process. He stated that Council directed staff to draft a letter for consideration at the Council meeting. He stated that also included in the packet are two letters from citizens offering their comments on the MLP and four more letters were received from citizens after the packet was sent to Council. Mayor Sheek opened the discussion for public input. Ellen Foster, 25314 County Road T, Dolores, spoke to Council regarding her request that Council support the Master Leasing Plan. She made several points on her request and stated that public health and the economy of the area are valuable. She asked that Council request that all BLM parcels within Montezuma County be designated closed to oil and gas development. Chris Eastin, 1812 Rampart Street, spoke to Council about the pleasure of serving on Planning and Zoning during the creation of the City’s Comprehensive Plan and commented that he knows the value of the plan and the opportunity for the citizens to have input in that plan. He spoke about the importance of McPhee Dam to the community and noted that southwest Colorado has an excellent future with improving local prosperity for all our residents; however, we cannot risk permanent damage to our environment, public health, agricultural markets, and quality of life through unmanaged oil and gas development on local public lands. He stated that the development of a Master Leasing Plan may be contentious; however, such a document can contain important protections for our local economy and the unique quality of life we enjoy in southwest Colorado. M.B. McAfee, 22277 CR 20, Lewis, spoke about the opportunity she had to fly with EcoFlight over the proposed Master Leasing Plan area in Montezuma County. She spoke about the wild and CITY COUNCIL REGULAR MEETING APRIL 12, 2016 PAGE 6 unmarred landscape that constitutes the escarpment of Mesa Verde National Park and she noted her concern for any future oil and gas development in the area. She noted the Master Leasing Plan is the best way to protect the reason people move here, play here and visit here. Councilmember McLaughlin referenced a letter from Dexter Gill which notes the Research Management Plan (MLP) took over 11 years to complete and she asked who would fund the Master Leasing Plan if it were to be completed. Ms. McAfee stated that the BLM would fund the completion of the plan and she noted that normally an RMP plan includes a Master Leasing Plan; however, due to the long process that was taken to complete the RMP, the Master Leasing Plan process was left out. Mr. Eastin pointed out that the Master Leasing Plan is a complement to the RMP and there would be no loss of protections. Discussion was held on the Federal Government process for completion of a Master Leasing Plan, and it was noted that it be the responsibility of the BLM’s Tres Rios Field Office to complete. Mr. Eastin stated that the Master Leasing Plan would contain more detailed stipulations attached to leasing actions and would also include safeguards before drilling. Council spoke about the protection of Phil’s World, Mesa Verde, McPhee Reservoir, and other important landmarks in the area. Councilmember Archibeque moved that Council authorize the Mayor to sign a letter in support of the Bureau of Land Management (BLM) Master Leasing Plan. 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 f. 2016 Appointment to the Golf Advisory Board. Director of Parks and Recreation Palmquist stated that the at-large position on the Golf Advisory Board recently expired and staff advertised the position at the request of Council. He stated that three letters of interest were received and interviews of the three applicants was held on March 23, 2016. He stated that the board has recommended that Sam Jarvis be re-appointed to the at-large position for another three year term. City Manager Hale noted that Sam Jarvis has been an outstanding and dedicated member of the Golf Advisory Board and has served on the Greens Committee for the golf course as well. Councilmember Lucero moved that Council appoint Sam Jarvis to the Golf Advisory Board for an additional three year term. 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 g. 2016 Golf Course Concrete Bid. Director of Parks and Recreation Palmquist stated that bids were received for the completion of approximately 894 square feet of concrete work at the golf course. He stated that the project would include the removal and replacement of 410 square feet of concrete on the north side of the Pro Shop, new concrete extension pieces along the cart pathways adjacent to the east patio area of the Pro Shop, and a concrete pad for a memorial bench at hole #16 in memory of Gregg Leighton. He stated that three bids were received and Biard Brother’s was the low bidder at a price quote of $5,811. He stated that staff recommends that the bid be awarded to Biard Brother’s. CITY COUNCIL REGULAR MEETING APRIL 12, 2016 PAGE 7 Mayor Pro-tem Keel moved that Council award the 2016 Golf Course Concrete Bid to Biard Brother’s at the bid amount of $5,811.00. 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 h. 2016 Asphalt Bid for Centennial Park Parking Lot. Director of Parks and Recreation Palmquist stated that the Centennial Park parking lot, which is adjacent to the two park shelters, playground, and duck pond, is in need of removal and replacement of the asphalt. He stated that two bids were received for the project and the lowest bidder was Oldcastle SW Group, Inc., from Bayfield, Colorado, with a bid of $52,561.25. He stated that the bid is $10,561.25 over budget and staff has spoken with Oldcastle about the possibility of reducing project costs by having City staff remove and haul the old asphalt material off-site. Director of Parks and Recreation Palmquist stated that discussion will continue on that possibility, but it is not known exactly how much would be saved and if City staff has the time to complete the work. He noted that if the savings is not significant enough to reduce the project, the overage for the bid would come from the amount budgeted for the Geer Natural Area trail material and street tree pruning and removal projects. It was noted that the parking lot has needed to be replaced for several years and the completion date is set for May 20, 2016, prior to Memorial Day. Councilmember McLaughlin moved that Council award the 2016 Asphalt Bid to Oldcastle SW Group, Inc., for a bid amount of $52,561.25 for the removal and replacement of asphalt from the Centennial Park parking lot. 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 i. 2016 Golf Equipment Bid for Top Dresser and Blower Units. Director of Parks and Recreation Palmquist stated that bids were solicited for two pieces of pull behind equipment for the golf course. He stated that top dresser unit spreads sand over the greens and tee boxes resulting in a healthier turf and the debris blower unit would blow leaves, aeration plugs, divots, and other items impacting the play of golf. He stated that four companies submitted bids and staff is recommending that the blower unit be awarded to C & M Golf and Grounds Equipment for a bid amount of $7,565 and the top dresser unit be awarded to C & M Golf and Grounds Equipment at a bid amount of $14,919. Discussion was held on the recommendation of award for the top dresser unit, which would replace the current unit which is 30 years old. Director of Parks and Recreation Palmquist noted that staff prefers the C & M Golf and Grounds top dresser unit over the two low bidders unit as it would require less manual adjustments which would save time. Mayor Pro-tem Lucero moved that Council award the 2016 Golf Equipment Bid to C & M Golf and Grounds Equipment for a bid amount of $7,565 for the blower unit and a bid amount of $14,919 for the broadcast top dresser unit for a total amount of $22,484. Councilmember Archibeque seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING APRIL 12, 2016 PAGE 8 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 a. City Hall Bid, Clean-Up Day, and Council Orientation Meeting. City Manager Hale stated that the new City Hall Renovation bid has been put out for the public and so far five companies have picked up the plans. He stated that Saturday, April 16, 2016, will be Clean-Up Day with an assignment of duties beginning at 9:00 a.m., followed by a barbeque around 11:30 a.m. He noted that a Council orientation will be held at the Police Department on Tuesday, April 19, 2016, beginning with a tour of the City at 5:15 p.m., and dinner and staff presentations at 6:45 p.m. He stated that the meeting should be concluded by 8:30 p.m. and invited the newly elected Councilmembers to attend as well as the current Councilmembers. City Manager Hale asked that Council give some thought as to the committees (such as Parks, Recreation, and Forestry Advisory Board/Golf Advisory Board/etc.) they would like to serve on and discussion on the appointments will be held at the April 26, 2016, Council meeting. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the workshop, Laura Lewis Marchino, Deputy Director of Region 9, gave a review of the 2015 Region 9 Performance Report, Director of Public Works Johnson spoke about staffing for the Public Works and IT Department and snow removal policies, and Council received a brief overview of the Broadband Communities Conference that was recently attended by Mayor Sheek and Director of General Services Smith. b. Golf Advisory Board. Councilmember Archibeque stated that the Golf Advisory Board met on March 23, 2016, and discussion included the Dolores Girls Golf Team Tournament held on April 5, 2016, and a Par 3 tournament that will be held on April 16, 2016. He stated that MVI water will be released soon and discussion was held on drainage, prairie dog, and fairway issues. He stated that discussion was held on a memorial bench for Gregg Leighton and the rating of the golf course by Colorado Golf Association. He stated that the board also held interviews and recommended the re- appointment of Sam Jarvis to fill the at-large position on the board. c. Cortez Historic Preservation Board. Mayor Pro-tem Keel stated that general items of discussion were held at the Cortez Historic Preservation Board meeting which was held on April 6, 2016, and a brief discussion was held on the prospect of designating the current City Hall building on the National Register. d. Montezuma Community Economic Development Association (MCEDA). Councilmember CITY COUNCIL REGULAR MEETING APRIL 12, 2016 PAGE 9 McLaughlin stated that the MCEDA Annual meeting will be held at the Dolores Community Center on April 19, 2016. e. Library. Mayor Sheek stated that the Library hosts documentaries on the second Monday of the month at the Sunflower Theater and she encouraged everyone to check them out. She stated that she attended an Author’s Festival in Gallup with Kathy Berg from the Library and she noted there will be some great authors that will be presenting at the Library this year. The regular meeting was adjourned at 9:30 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ________________________________ Linda L. Smith, City Clerk