City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, JULY 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, Jill Carlson, Orly Lucero, Shawna McLaughlin, and Tim Miller. Staff members present were Associate Planner Neva Connolly, City Planner Tracie Hughes, Library Director Eric Ikenouye, Chief of Police Roy Lane, Director of Planning and Building Sam Proffer, City Clerk Linda Smith, City Attorney Mike Green, and City Manager Shane Hale. There were twelve people present in the audience. Mayor Sheek acknowledged the loss of Police Officer’s lives in Dallas, Texas and stated that Council really appreciates the officers in Cortez and the work they do in serving and protecting the citizens. 2. The Consent Agenda items acted upon by Council were as follows: a. Approval of the Worksession and Regular Meeting Minutes of June 28, 2016. b. Approval of the payment of the Expenditure Vouchers of July 12, 2016. c. Approval of a renewal Hotel and Restaurant Liquor License for Pepperhead LLC, DBA Pepperhead, located at 44 West Main Street, Cortez. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure list totaling $16,395.46. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes Yes 3. PRESENTATION – None. 4. CITIZEN PARTICIPATION - None. 5. PUBLIC HEARINGS a. New Liquor Licenses for Good 2 Go Stores. Mayor Sheek asked if any Councilmember had spoken with anyone regarding the request for two new liquor licenses for Good 2 Go Stores, as the item is Quasi-Judicial; however, no one spoke. Chief of Police Lane was sworn in and stated that he was instructed to complete the investigation on two new 3.2% Beer Retail Liquor Licenses to be issued to Good 2 Go Stores, LLC, DBA Good to Go, owner by Brad Hall Associates, located at 717 South Broadway and 302 West Main Street. He stated that the Planning and Zoning Department has stated that the use is allowed at the two premises and public notice of the hearing was properly posted on the property and in the newspaper. He stated that a poll of the surrounding neighborhood shows 51 people were in favor of granting the license, zero were against, and eleven were neutral CITY COUNCIL REGULAR MEETING JULY 12, 2016 PAGE 2 and did not wish to express an opinion. He stated that the location does not create any known public safety or endanger public health and the Police Department doesn’t have an issue with granting the two licenses. The report completed by the Police Department was submitted for the record. Kelly Pearce, District Manager for the Good 2 Go Stores, presented three petitions which were circulated in support of granting the liquor license. She stated that both stores had liquor licenses in the past and customers of the stores have been asking to purchase beer from the stores which is the reason for the request. She stated that the sale of beer will be low key and located in one door of the cooler section. The three petitions from the applicant were submitted for the record. Mayor Sheek asked if anyone from the audience would like to speak on the granting of the licenses; however, no one spoke and the hearing was closed. City Attorney Green noted that both premises had liquor licenses in the past and staff recommends approval of granting the licenses for the two stores. Councilmember Archibeque moved that after considering the reasonable requirements of the neighborhood, the desires of the adult inhabitants, the necessity of any restrictions on the license, the good character of the applicants, and compliance with all the provisions of Title 12, Article 46, Colorado Revised Statutes, the approval of two new 3.2% Beer Off-Premises Liquor Licenses for Good 2 Go Stores, LLC, DBA Good 2 Go, for stores located at 717 South Broadway and 302 West Main Street, Cortez. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes Yes b. Ordinance No. 1210, Series 2016. City Planner Hughes stated that Ordinance No. 1210, Series 2016, approves the vacation of an alley in Block 47 and a portion of Block 50 between Lots 13 and 19 and a portion of 2nd Street right-of-way as requested by Calkins Redevelopment LLC. She stated that the applicant does not currently own the property as the parcel is owned by the Montezuma-Cortez RE-1 School District; therefore, the plat will be dedicated to the school district until the transfer of ownership is complete. She stated that staff recommends approval of the ordinance. In answer to a question from Mayor Pro-tem Keel, City Planner Hughes stated that she does not know when the property will be sold to Calkins Redevelopment LLC as they are still waiting to hear on their tax credits for the property and have all the processes on the property complete with the City. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Carlson moved that Council approve on second reading Ordinance No. 1210, Series 2016, vacating an alley in Block 47 and a portion of Block 50 from Lots 13-19, and the north 16.17 feet and the south 3.83 feet of Second Street row. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes Yes 6. UNFINISHED BUSINESS - None 7. NEW BUSINESS CITY COUNCIL REGULAR MEETING JULY 12, 2016 PAGE 3 a. Resolution No. 20, Series 2016. Councilmember Archibeque recused himself from the discussion and vote. Associate Planner Connolly stated that Resolution No. 20, Series 2016, approves the Amended Plat of Lots 39 and 40 of the Southern Bluffs Subdivision, Second Amended, as submitted by owner Terry Sadler. She stated that the lots are located at 634 and 642 Gerald’s Way, in the Manufactured Housing (MH) zoning district. She stated that the applicant is proposing to shift the lot lines between Lots 39 and 40, resulting in two lots (39A and 40A) becoming approximately 62.50 feet wide. She stated that each lot would be 7,497 square feet in size and the existing lots are vacant. She stated that by shifting the lot line, two sewer stubs will be located on Lot 40A and the applicant will have to move one of the sewer stubs. Councilmember Lucero moved that Council approve Resolution No. 20, Series 2016, approving the Amended Plat of Lots 39 and 40 of the Southern Bluffs Subdivision, Second Amended, as submitted by owner Terry Sadler. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek * Yes Yes Yes Yes Yes Yes *Councilmember Archibeque recused himself from the discussion and vote due to a possible conflict-of-interest. b. Resolution No. 21, Series 2016. Associate Planner Connolly stated that Resolution No. 21, Series 2016, approves the Boundary Line Adjustment for McGechie and Food 4 U, Inc., as submitted by owner Colleen McGechie. She stated that the property owner is in the process of selling approximately 0.5 acres of land to the adjacent property owner, Food 4 U, Inc. (Lotsa Pasta/That’za Pizza). She stated that both lots are zoned Commercial Highway and the plat amendment will resolve an encroachment in the parking lot of Lotsa Pasta on the McGechie parcel. She stated that Lotsa Pasta would expand their parking lot once the boundary line is approved and filed. She stated that the City Attorney recommended that a Warranty Deed transfer be completed. Mayor Pro-tem Keel moved that Council approve Resolution No. 21, Series 2016, approving the Boundary Line Adjustment for McGechie and Food 4 U, Inc., as submitted by owner Colleen McGechie. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes Yes c. Resolution No. 17, Series 2016. Library Director Ikenouye stated that Resolution No. 17, Series 2016, approves the commitment to actively support and engage in the Collective Impact Initiative serving the communities of Southwest Colorado (Montezuma and Dolores Counties). He stated that by uniting all the players under one umbrella, the group would be able to pursue larger grants that would have a greater and more lasting impact on the community. Mayor Pro-tem Keel stated that more money leads to more books and more people reading. Mayor Pro-tem Keel moved that Council approve the commitment to actively support and engage CITY COUNCIL REGULAR MEETING JULY 12, 2016 PAGE 4 in the Collective Impact Initiative serving the communities of Southwest Colorado (Montezuma and Dolores Counties), through Resolution No. 17, Series 2016. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes Yes d. Early Grading Permit Request for Montezuma County Combined Courts Building. City Planner Hughes stated that Jaynes Construction has requested that the City allow an application for an early grading permit for activities involving preliminary grading work only at the Montezuma County Combined Courts Project located at 865 North Park Street. She stated that the project was approved on April 2016; however, the project is being amended and requires approval by the City Council and Planning and Zoning Commission. She stated the applicant has requested an early grading permit to begin site preparation work while the approval process on the proposed amendments is being completed. She stated that the Montezuma County Combined Courts Building contractor is the same as Osprey will be using and some of the fill dirt that is located on the Courts property will be used on the Osprey property located at 800 North Park Street. She stated that typically, grading activities would require final approved civil and drainage plans which has not been completed at this time; however, the applicant is requesting a grading permit for dirt moving only. She stated that in order to do any work at 800 North Park Street, other than stockpiling material, the representatives for Osprey would need to provide a completed grading plan, along with other items prior to obtaining their own grading permit. She stated that the permit would be approved for clearing and grubbing; stockpiling of removed dirt off-site at the approved location; ditches, berms, slopes, and grading to subgrade only; BMP’s/erosion control; and no structures or MEP utilities. City Manager Hale stated that both the Osprey and Court projects are large and anything the City can do to help them move forward within reason should be accomplished. Councilmember Miller moved that Council approve a request from Jaynes Construction to allow for the application for an early grading permit for activities involving preliminary grading work only as specified by the City Engineer, and subject to all permitting requirements for the Montezuma County Combined Courts Project, located at 865 North Park Street. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes Yes e. Ordinance No. 1214, Series 2016. City Attorney Green stated that Ordinance No. 1214, Series 2016, approves qualifications for the appointment to City Boards and Commissioners. He stated that discussion has been held with staff on citizens that are appointed to the various City boards (such as Library Advisory Board and Planning and Zoning Commission) and the need to complete background checks prior to their appointment. He stated that currently the City completes background checks on all volunteers that work for the City and it was felt by staff that it would be appropriate to check the backgrounds of potential board/Commission members as well. City Attorney Green stated that the only person that would see the background checks is the Director of Human Resources which would disclose the information to the City Manager and/or City Attorney CITY COUNCIL REGULAR MEETING JULY 12, 2016 PAGE 5 as required. City Manager Hale stated that prospective members may be disqualified for appointment if the criminal background check indicates convictions within the last seven years for crimes of violence, crimes of moral turpitude, crimes against persons, felony theft or embezzlement, crimes against the government. He stated that crimes against children would not have a limitation of time. He noted that some of the boards have interaction with children and it is important that there is not an issue that is unknown for liability and safety reasons. In answer to a question from Councilmember McLaughlin, a background check would not be required on City Council members as their qualifications are set by the City Charter. City Attorney Green stated that a negative background check shall be disclosed to the applicant and the applicant may appeal the decision. Discussion was held on the latitude of the Director of Human Resources regarding the decision of disqualifying an application from appointment and it was suggested that ‘may’ in paragraph 2 should be changed to ‘shall’ to be more clear on the requirements. In answer to a question from Councilmember McLaughlin, City Manager Hale stated that the applicants would complete an application process and would be aware of the background check prior to the check being completed. Councilmember McLaughlin moved that Council approve on first reading Ordinance No. 1214, Series 2016, regarding qualifications for appointment to City boards and Commissions with the change to paragraph 2, from may to shall, and set for a public hearing on July 26, 2016. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes Yes f. Ordinance No. 1215, Series 2016. City Attorney Green stated that Ordinance No. 1215, Series 2016, approves marijuana stores to be open until 9:00 p.m. from the current closing time of 7:00 p.m. City Manager Hale stated that at a previous Council worksession discussion had been held on the re-inspections and how often they were being required. After discussion with staff, it is felt that the current fee of $50/hour is appropriate and staff has not had to implement the charge other than one time when the property owner was difficult to work with and caused extra time to gain compliance on a building code violation. He stated that the Police Department will monitor their time over the next few months to see if there is an issue with inspections on their end; however, it is felt that the process is working as currently written. Councilmember Lucero moved that Council approve on first reading Ordinance No. 1215, Series 2016, extending the time for marijuana stores to be open until 9:00 p.m., and set for public hearing. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes Yes g. Set Public Hearing Date for Taste of India Liquor License. Mayor Sheek noted that Taste of India liquor license request is a Quasi-Judicial matter and she asked if anyone has spoken on the liquor license; however, no one spoke. City Attorney Green stated that a new Hotel and Restaurant Liquor License has been applied for by the owner of Taste of India, located at 1013 East Main Street. He stated that a public hearing date and the neighborhood boundaries would need to be set CITY COUNCIL REGULAR MEETING JULY 12, 2016 PAGE 6 for the new application. Councilmember Archibeque moved that Council set a public hearing date of July 26, 2016, for review of a new Hotel and Restaurant Liquor License for Taste of India, located at 1013 East Main Street, Cortez, and the neighborhood boundaries set as the City limits. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes Yes h. Contract Renewal for Welcome Center. City Manager Hale stated that the State of Colorado Tourism Office sent the contract last week and today an email was received that said because the contract was sent late and is under $100,000, the State would issue a Purchase Order instead of requiring signature of the contract. He stated that no Council action is required as the contract has been renewed by the issuance of the Purchase Order. 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. 10. ADDITIONAL CITIZEN PARTICIPATION – None. 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 new employees Scott Goodall, Water Foreman, and Bill Kuhn, IT Support Technician, were introduced. Discussion was held on Empire Electric’s subdivision of their property on North Broadway which is located in both the City limits and the County. She stated that Chelsea Jones, Executive Director for MCEDA, spoke about educating the community on the Connect 4 sales tax issue for the fiber project and Special Events Coordinator Jon Brooks gave an update on the event that will be held on Market Street on the 3rd Thursday of each month through October. She stated that Library Director Ikenouye shared information on Library happenings and explained Resolution No. 17, Series 2016, which was approved in the regular meeting. City Manager Hale, Councilmember Carlson, and Councilmember Miller gave a report on their attendance at the CML Conference held in June. b. Golf Advisory Board. Mayor Pro-tem Keel stated that the Golf Advisory Board meeting was held on June 29, 2016, and discussion included revenue (which is down compared to last year), people walking their dogs on the course (which may need additional signage), and possible access for the residents that live on the east side of the golf course. c. Cortez Historic Preservation Board. Councilmember Carlson stated that discussion at the Cortez CITY COUNCIL REGULAR MEETING JULY 12, 2016 PAGE 7 Historic Preservation Board included information on the Montezuma Avenue Historic District which will be presented to Council in the near future and the flume informational panels which should be installed soon. Councilmember McLaughlin stated that Mesa Verde Country helped finance the flume panels. d. Montezuma Community Economic Development Association (MCEDA). Councilmember Miller stated that discussion at the MCEDA meeting included information on the sales tax issue for the County-wide fiber project that will be placed on the November ballot. The regular meeting was adjourned at 8:35 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ________________________________ Linda L. Smith, City Clerk