City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, JULY 26, 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 Pro-tem Ty Keel, Bob Archibeque, Jill Carlson, Orly Lucero, Shawna McLaughlin, and Tim Miller. Mayor Karen Sheek was absent. Staff members present were Associate Planner Neva Connolly, City Planner Tracie Hughes, Director of Finance Kathi Moss, Director of General Services Rick Smith, 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 22 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 July 12, 2016. b. Approval of the payment of the Expenditure Vouchers of July 26, 2016. c. Approval of a renewal Tavern Liquor License for A&S LLC, DBA Angels End Zone, located at 309 North Broadway, Cortez. d. Approval of a renewal 3.2% Beer Retail Liquor License for Dillon Companies Inc., DBA City Market #8, located at 508 East Main Street, Cortez. e. Approval of a renewal Hotel and Restaurant Liquor License for Once Upon LLC, DBA Once Upon a Sandwich, located at 7 West Main Street, Cortez. f. Approval of a renewal Brew Pub Liquor License for L&D Development Inc., DBA J Fargos, located at 1209 East Main Street, Cortez. Councilmember Lucero moved that Council approve the Consent Agenda, with the additional expenditure list totaling $198,528.38. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes absent 3. PRESENTATION – None. 4. CITIZEN PARTICIPATION a. Bike Racks. A citizen from the community asked if the City could place more bikes racks throughout the community as there aren’t enough places for people to lock their bikes up while inside the businesses in the community. Council thanked him for his comment and would have staff look into the possibility. CITY COUNCIL REGULAR MEETING JULY 26, 2016 PAGE 2 5. PUBLIC HEARINGS a. New Liquor License for Taste of India. Mayor Pro-tem Keel asked if any Councilmember had spoken with anyone regarding the request for a new liquor license for Taste of India, as the item is Quasi-Judicial; however, no one spoke. Chief of Police Lane was sworn in and presented his report on the investigation for a new Hotel and Restaurant Liquor License for Taste of India, applicant Gurcharan Singh, located at 1013 East Main Street. He noted that a public notice sign was posted on the premise and also noticed in the newspaper. He stated that the poll of the surrounding neighborhood showed 59 were in favor of granting the license, 2 were against, and 9 were neutral 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 recommends approval of the license. The report from the Police Department was entered into the record. Gurcharan Singh, co- owner of Taste of India, spoke to Council about his restaurant and presented three petitions which he had customers sign in support of the liquor license. Paula Huskay, employee of the restaurant, stated that she has helped the group with the application process and that the customers would like to have beer or wine with their Indian cuisine. Mayor Pro-tem Keel opened the public hearing; however, no one spoke and the hearing was closed. 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 47, Colorado Revised Statutes, that Council approve a new Hotel and Restaurant Liquor License for Taste of India, located at 1013 East 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 absent b. Resolution No. 28, Series 2016. City Planner Hughes stated that Resolution No. 28, Series 2016, approves a site development plan to construct multi-family residential units at 121 East 1st Street, in the Neighborhood Business Zone. She stated that Council has approved three different proposals (a preliminary plat, vacation plat, and conditional use permit) for the Calkins property and the site development plan is the next step in moving the project forward. She stated that the multi-family development would include 13 residential units in the existing Calkins Building and 36 units in the new “annex building.” She stated that the apartments will be one or two bedroom units. She stated that the setback requirements have been meet for both structures and the annex building meets development standards for the Neighborhood Business district She reviewed the comments received from the utility suppliers and affected special districts and noted that the Public Works Director has accepted the proposal to remove three parking spaces in front of the Calkins Building for a rolled curb to be installed to address the concern of the Fire Department having access to the front of the building. She stated that the applicant is aware of a sewer service line that runs across the school’s property and the line will need to be relocated prior to construction of the annex building. She stated that the applicant has shown the ability to substantially comply with the requirements of the Land Use Code and staff recommends approval of the site development plan through Council Resolution No. 28, Series 2016, with six conditions of approval. Mayor Pro-tem Keel opened the public hearing. Nancy Lauro, from Russell Engineering, representing the CITY COUNCIL REGULAR MEETING JULY 26, 2016 PAGE 3 applicants Calkins Redevelopment LLC, thanked staff for working through all the issues on the project and she noted that the applicants are excited about getting one more step closer to the redevelopment of the property. No one else spoke and the public hearing was closed. Councilmember Miller moved that Council approve a site development plan to establish multi- family residential housing at 121 East 1st Street, as submitted by agent Russell Engineering for property owners Montezuma-Cortez RE-1 School District and applicant Calkins Redevelopment LLC., through Resolution No. 28, Series 2016, with six conditions. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes absent c. Resolution No. 23-27, Series 2016. Associate Planner Connolly stated that Resolutions No. 23- 27, Series 2016, would approve the historic designation of five separate structures located within the “Original Townsite of Cortez” and “Coffins Addition,” as submitted by the property owners. She stated that the five structures have been found to meet the requirements of Section 6.19 of the Land Use Code in regard to the criteria for designating historic structures and the Cortez Historic Preservation Board and City staff are recommending that Council approve the historic designation of each of the structures. She stated that it is necessary to provide a separate resolution for each structure and noted the approval of each property through the following resolutions: Resolution No. 23, Series 2016, 340 East Montezuma Avenue, owners Read and Heidi Brugger; Resolution No. 24, Series 2016, 121 East Montezuma Avenue, owners Pepper and Gary Noyes; Resolution No. 25, Series 2016, 44 East Main Street, owners Allen and Cindy Lichliter; Resolution No. 26, Series 2016, 34 and 36 West Main Street, Cortez Partners, LLC; and Resolution No. 27, Series 2016, 210 East Main Street, owners City of Cortez. Mayor Pro-tem Keel opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Lucero moved that Council approve Resolutions No. 23-27, Series 2016, approving the historic designation of five separate structures located within the “Original Townsite of Cortez.” Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes absent d. Ordinance No. 1214, Series 2016. City Attorney Green stated that Ordinance No. 1214, Series 2016, approves the qualifications for appointment to City Board and Commissions. He stated that the ordinance requires background checks and the word “shall” was inserted in item 2 in place of the word “may” as requested at the first reading of the ordinance. He stated that the background checks will be conducted by the Human Resources Department and will not be disclosed to anyone except the City Manager and/or City Attorney. He reviewed the process for which a prospective board member may be disqualified and the appeal process should an applicant want to proceed with an appeal. Mayor Pro-tem Keel opened the public hearing; however, no one spoke and the hearing was closed. In answer to a question from Councilmember Carlson, City Attorney Green stated that the City has an informal appeal process and the applicant would be able to speak with the City Manager should they have any concerns about their background check. City Manager Hale spoke CITY COUNCIL REGULAR MEETING JULY 26, 2016 PAGE 4 about the interview process for prospective board members and noted that the applicant would not be forwarded for an interview should there be a question on their background check. Discussion was held on the information that is received from the background company which the City currently uses for employee/volunteer checks. Councilmember Lucero moved that Council approve Ordinance No. 1214, Series 2016, on final reading, approving the qualifications for appointment to City Boards and Commissions. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes absent e. Ordinance No. 1215, Series 2016. City Attorney Green stated that Ordinance No. 1215, Series 2016, extends the hours that a marijuana (retail and medical) business may be open. He stated that currently the regulations require the stores to close at 7:00 p.m. and that will be extended until 9:00 p.m. Chief of Police Lane stated that he does not object to the extension of the time. Mayor Pro- tem Keel opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Lucero moved that Council approve Ordinance No. 1215, Series 2016, on final reading, approving the sale of marijuana between the hours of 8:00 a.m. and 9:00 p.m. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes absent 6. UNFINISHED BUSINESS - None 7. NEW BUSINESS a. Resolution No. 22, Series 2016. Councilmember Archibeque recused himself from the discussion and vote. Associate Planner Connolly stated that Resolution No. 22, Series 2016, amends the Southern Bluffs Subdivision, Second Amended Plat for Lots 68, 69, and 70. She stated that the applicant is proposing to consolidate three lots (918 Bluffs Boulevard, 608 Lois Lane, and 616 Lois Lane) into two lots, resulting in Lots 68A and 70A. She noted that the existing lots are vacant and there are no utility easements along the lot lines that will need to be vacated. She stated that there were no substantial comments received from the utility suppliers or affected special districts other than the addresses will need to be updated. She stated that the request meets the requirements of Section 6.09 of the Land Use Code and staff recommends approval of Resolution No. 22, Series 2016, with two conditions. In response to a comment from Mayor Pro-tem Keel, City Manager Hale stated that, with the re-write of the Land Use Code, minor land use procedures such as re-aligning a lot line could be an administrative procedure rather than a Council action item. Councilmember Lucero moved that Council approve Resolution No. 22, Series 2016, with two conditions, approving the Amended Plat of Lots 68-70 of Southern Bluffs Subdivision, Second Amended, as submitted by owner Rodney Case. Councilmember McLaughlin seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING JULY 26, 2016 PAGE 5 Archibeque Carlson Keel Lucero McLaughlin Miller Sheek * Yes Yes Yes Yes Yes absent *Councilmember Archibeque recused himself from the discussion and vote due to a possible conflict-of-interest. b. Ordinance No. 1213, Series 2016. City Planner Hughes stated that Ordinance No. 1213, Series 2016, approves the rezoning of properties addressed as 101, 111, and 127 North Market Street from Neighborhood Business (NB) to Central Business District (CBD). She stated that the three parcels are all currently developed with commercial type structures and an application has been received to open a brewery at 111 North Market Street. She stated that the current Land Use Code does not allow restaurants or bars in the NB district. She stated that the City is currently proposing an amendment to the Land Use Code to allow breweries in the CBD as restaurants and bars are already an allowed use in the CBD. She spoke of the surrounding uses in the area of the proposed property noting that there are no residential structures in the immediate area. She noted that the three properties were depicted on the 1980 Cortez Zoning Map as CBD/GB (General Business)/MD-2 (Medium Density Multi-residential) and was rezoned in 1996 to Neighborhood Business. She stated that the Planning and Zoning Commission reviewed the request at their July 5, 2016, meeting and recommended rezoning the area. She reviewed Section 6.02 of the Land Use Code regarding the review criteria for rezoning and noted that the request meets several rezoning criteria noting that the property would not be spot zoning as the CBD zone is located to the south and is there is a contiguous boundary. She stated that the pre-existing use of the property is consistent with the proposed zoning and the rezoning meets the Comprehensive Plan objectives in regards to economic development as it would extend the walkable nature of the downtown area. She stated staff recommends approval through Ordinance No. 1213, Series 2016. Tucker Robinson, 24444 Road T, Dolores, agent for applicants Kadeo LLC, Dale McNamee, and James A. Harp Jr. and Cleo J. Harp, property owners of 101, 111, and 127 North Market Street, spoke to Council about the request to rezone the three properties on North Market Street from Neighborhood Business to Central Business District. He stated that he and his partners would like to open a brewery at 111 North Market Street and he noted that the three structures on North Market are surrounded by commercial buildings and the block has traditionally been used for commercial purposes. He stated that by expanding the CBD zone to these three parcels, an existing vacant building could be put to good use. He stated that the neighboring businesses are in support of the rezoning process and he noted that the Main Street business scene could then be expanded by adding this block to the CBD district. He stated that he feels the request meets many goals set in the Cortez Comprehensive Plan and would encourage Council to approve the change in zone hereby promoting and encouraging small business development in the downtown area. Councilmember Archibeque moved that Council approve on first reading Ordinance No. 1213, Series 2016, approving the application to rezone the properties addressed as 101, 111, and 127 North Market Street, from Neighborhood Business (NB) to Central Business District (CBD), as submitted by Tucker Robinson, agent for applicants Kadeo LLC, Dale McNamee and James A. Harp Jr. and Cleo J. Harp, and set for public hearing on August 9, 2016. Councilmember Lucero seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING JULY 26, 2016 PAGE 6 Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes absent c. Ordinance No. 1212, Series 2016. City Planner Hughes stated that Ordinance No. 1212, Series 2016, approves the inclusion of micro-breweries/micro-wineries/micro-distilleries in the Land Use Code. She stated that the Planning and Zoning Commission has reviewed several options for amending the Land Use Code to provide clarity regarding the allowance of breweries in the Central Business District (CBD) and the Neighborhood Business (NB) zone. She stated that the Commission was supportive of allowing breweries in the CBD district but not the NB zone and as a result of the discussions, staff has drafted language to include a small scale alcohol production operation, including micro-breweries/micro-wineries/micro-distilleries in the Land Use Code. She reviewed the drafted regulations and noted that the small scale production facility would require on- site consumption and she noted that the Planning and Zoning Commissioner changed the on-site consumption to include a minimum of 15% (instead of 25%) of the gross floor area. In answer to a question from Mayor Pro-tem Keel, City Planner Hughes stated that if on-site consumption was not a part of the proposal or the use was proposed as a larger scale operation, it would not be allowed in the CBD district but would be an allowed use in the Industrial zone or a conditional use in the Commercial zone. Councilmember Carlson moved that Council approve on first reading Ordinance No. 1212, Series 2016, regarding the inclusion of micro-breweries, micro-wineries, and micro-distilleries and amending Chapters 2 and 3 of the City of Cortez Land Use Code, and set for public hearing on August 9, 2016. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes absent d. Rectifier System Replacement for the Calix Headend Equipment. Director of General Services Smith stated that the City’s current rectifier system that powers the Calix headend equipment failed and took the City PON customers down; however, the City was able to convert an old system as a temporary fix. He stated that the system is not repairable and needs replaced. He stated that staff contacted Power Product Services, the Colorado installer of Emerson power systems, and Huawei Technologies in Texas. He stated that Huawei Technologies could not provide professional services for the installation; however, the Power Product Services quote provided on sight installation and a managed cutover to the new system. He stated that the Power Product Services quote also included an updated fuse Panel for A and B circuits. He stated that funds are available in the Fiber grant budget to cover the purchase. In answer to a question from Councilmember Lucero, Director of General Services Smith stated that the rectifier system is not covered under insurance as it is out of warranty. Councilmember McLaughlin moved that Council awarding the Rectifier System Replacement to Power Products Services in the amount of $14,051.00. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes absent CITY COUNCIL REGULAR MEETING JULY 26, 2016 PAGE 7 e. Approval of Historic Property Survey – Contract & RFP. City Manager Hale stated that Cortez Historic Preservation Board has been awarded a grant in the amount of $13,602 from the Colorado Historical Society to conduct a historic property inventory of approximately 24 properties located on the south side of Main Street. He stated that the grant would provide 100% of the cost of the project and thanked Linda Towle for her work on the grant. Linda Towle, Chairperson for the Cortez Historic Preservation Board, stated that the survey would complete both sides of Main Street and is the fifth grant that the City has received from Certified Local Government Program. She spoke about the properties that have been added to the City’s historic registry thanks to the information that has been received from the inventories. She stated that a recommendation would be presented to Council at the next meeting on the firm which the Cortez Historic Preservation Board members are recommending to complete the survey of the south side of Main Street. Councilmember Archibeque moved that Council approve the Contract from History Colorado and that City Council direct the Mayor Pro-tem to sign the agreement for the completion of an historic property survey of the south side of Main Street in 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 absent Mayor Pro-tem Keel commented that the parking lot and split rail fence at the flume turned out really nice. Ms. Towle stated that the informational panels/signs should be up in a few weeks. f. Bid Results for Utility Billing Mailing Services. Director of Finance Moss stated that Council and citizens has asked several times why the water billing for the City is completed in Albuquerque; therefore, staff sent out an RFP to all the local printing companies asking for prices to complete the mailings locally. She stated that the mailings consist of receiving billing information, producing the bills, stuffing envelopes, and mailing the bills to the customers. She stated that Postal Pros cost the City $.16 per bill with return envelopes. She stated the only local bid was received from Pioneer Printing at a cost of $.26 per bill with envelope. She commented that Pioneer Printing has always served the City well; however, the increase would be approximately 62.5% higher. She spoke about Postal Pros and stated that their business processes bills for many businesses similar to what the City requires. She stated that staff recommends that the City stay with Postal Pros for now and re-evaluate the process when the City is working with the new Caselle software. Councilmember Lucero moved that Council award the bid for providing Utility Billing Mailing Services to Postal Pros, Inc. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes absent g. Appointment of Rebecca Levy to the Planning and Zoning Commission. Director of Planning and Building Proffer stated that Donna Foster recently resigned from the Planning and Zoning Commission and advertising was completed for the open seat. He stated that Rebecca Levy has submitted her letter of interest and has completed the City’s process for the vacancy. He stated that CITY COUNCIL REGULAR MEETING JULY 26, 2016 PAGE 8 the Planning and Zoning chair has spoken with Ms. Levy and is recommending her appointment. Ms. Levy stated that she has a planning background and is from the area and would love to give back to the community by serving on the Commission. She stated that there are a lot of good things going on in Cortez and she would like to be a part of that. Councilmember McLaughlin moved that Council appoint Rebecca Levy to the open seat on the Planning and Zoning Commission as recommended by Danny Giannone, Chair of the Planning and Zoning Commission. Councilmember Miller seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes absent 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 Pro-tem Keel stated that he was filling in for Mayor Sheek in her absence and appreciated everyone’s patience. He noted that discussion during the workshop included a future Historic District and information on the Fair Campaigns Practices Act. b. Parks, Recreation, and Forestry Advisory Board. Councilmember Archibeque stated that discussion at the meeting included review of the Parks and Recreation Master Plan and the various projects were prioritized as to their importance of being completed. He stated that discussion also included the possibility of having a park on the south side of Cortez. c. Mesa Verde Country Board. Councilmember Carlson stated that she and Councilmember McLaughlin attended the Mesa Verde Country meeting and discussion included the creation of a new position for a social media coordinator to take photos of the area. She stated that a new board appointment was also made. d. Cortez Cultural Center. Councilmember Miller stated that a sub-committee was being created to promote the Hawkins Preserve and highlight the scientific and educational opportunities. He stated that the Hawkins Preserve is quite a jewel for the City. The regular meeting was adjourned at 8:45 p.m. ________________________________ CITY COUNCIL REGULAR MEETING JULY 26, 2016 PAGE 9 Ty Keel, Mayor Pro-tem ATTEST: ________________________________ Linda L. Smith, City Clerk