City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, AUGUST 9, 2016 1. The meeting was called to order at 7:30 p.m., and was opened with the Pledge of Allegiance. Councilmembers present were Mayor Karen Sheek, Mayor Pro-tem Ty Keel, Bob Archibeque, Jill Carlson, Orly Lucero, Shawna McLaughlin, and Tim Miller. Staff members present were City Planner Tracie Hughes, Director of Public Works Phil Johnson, 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 31 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 Liquor Store License for Tubros LTD, DBA Cork N’ Bottle, located at 443 East Main Street, Cortez. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure list totaling $15,289.35. 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. Ordinance No. 1213, Series 2016. City Planner Hughes stated that Council reviewed Ordinance No. 1213, Series 2016, on first reading on July 26, 2016, and is being presented for final reading. She stated that the ordinance approves the rezoning of properties addressed as 101, 111, and 127 North Market Street from Neighborhood Business (NB) to Central Business District (CBD) and noted that all three parcels are currently developed with commercial type structures. She spoke about the surrounding uses of the proposed rezoning properties and noted that there are no residential structures in the immediate area. She stated 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 reviewed Section 6.02 of the Land Use Code regarding the review criteria for rezoning and noted that the request meets several rezoning criteria as well as goals of the Comprehensive Plan. She stated that the area of the proposed rezoning has seen increased activity in recent years and noted that there are fewer spaces CITY COUNCIL REGULAR MEETING AUGUST 9, 2016 PAGE 2 available in the downtown area for new businesses as businesses are continuing to occupy space. She stated that staff has received an application to locate a brewery in one of the buildings on North Market Street and noted that Council would review the proposal to allow breweries in the Central Business District as the next Council business item. She noted that the proposed zoning will be compatible with surrounding uses and staff recommends approval of Ordinance No. 1213, Series 2016. Mayor Sheek opened the public hearing. Tucker Robinson, 24444 Road T, Dolores, thanked Council for their consideration of the rezoning request and that he would answer any questions should Council have any. Marvin Graves, 602 North Chestnut, stated that he is against the proposal and noted that the corner is busy with traffic and there is not enough parking for a commercial business. No one else spoke and the hearing was closed. In answer to a question from Mayor Pro-tem Keel, City Planner Hughes stated that there is a limit on how many barrels could be manufactured by the business. City Manager Hale stated that a micro-brewery would be allowed to produce 15,000 barrels or less and if they produce more than that, they would have to move to the Industrial Park as they would be considered a more industrial use. He stated that a brewery is required to have on-site consumption, a tap room, and tastings and they could produce more than they could consume on-site and sell to liquor stores. Discussion was held on the permitted uses that would be allowed in the CBD zone should the businesses move and other businesses move into the buildings on North Market Street. City Planner Hughes stated that if a use is allowed for the CBD zone they could proceed with opening their business; however, a conditional use would require review by Council before they would be allowed to proceed. City Manager Hale stated that the uses allowed in the different zones in Cortez are being reviewed through the re-write of the Land Use Code and it is felt a brewery would fit in a CBD zone. Discussion was held on adverse impacts that businesses may cause for surrounding properties and it was noted that any impacts must be mitigated. Councilmember Miller moved that Council approve Ordinance No. 1213, Series 2016, approving the application to rezone the property 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. 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 b. 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 as the current Land Use Code does not specifically address the small scale brewing type of operation. She stated that Planning and Zoning reviewed the change to the Land Use Code at their Meeting on July 5, 2016, and recommended that breweries be allowed in the Central Business District (CBD). She reviewed the draft regulations and noted that the small scale production facility would require on-site consumption as a primary or secondary use with a minimum of 15% gross floor area. She reviewed the definitions for a micro-brewery, micro-winery, and micro- distillery and what amounts of alcohol could be produced for each. She noted that the use would be required to mitigate any offense odor. CITY COUNCIL REGULAR MEETING AUGUST 9, 2016 PAGE 3 Mayor Sheek opened the public hearing. Tucker Robinson stated that they are proposing to produce approximately 250 barrels the first year and expand from there, but noted that they will not be anywhere close to the maximum of 15,000 barrels. Marvin Graves stated that he is against the proposal and referenced State Statues 47-326 regarding distance restrictions from a school. He stated the building is about 485 feet from Montessori School located on Beech Street. He read the State Statue language and said the distance must be 500 feet from a school. City Manager Hale stated that the Planning staff has completed measurements on the distance from the school to the proposed building and the City shows that the measurement is slightly over the 500 foot requirement. He stated that Council is not making a decision on the allowance of a liquor license for a business at this time, but approving the allowance of micro-breweries, micro-wineries, and micro-distilleries in the CBD district. City Attorney Green noted the granting of a liquor license would be a separate process and would be a Quasi-Judicial item. Chris Wolf, 18 West Montezuma, asked if the property was rezoned, it would then be allowed to have any use in the building that is allowed in the CBD district and City Planner Hughes stated that is correct. No one else spoke and the hearing was closed. Councilmember Archibeque moved that Council approve Ordinance No. 1212, Series 2016, amending Chapters 2 and 3 of the Land Use Code by amending Chapter 2 to add new definitions pertaining to micro-breweries/micro-wineries/micro-distilleries, and by amending Chapter 3, Subsection 3.05(a) Schedule of Use Regulations to include said uses within specific zoning districts of the City of Cortez, and adding special use regulations. 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 6. UNFINISHED BUSINESS - None 7. NEW BUSINESS a. Bid Results for the 2016 Waterline and Drainage Improvements Project. Director of Public Works Johnson stated that the 2016 Waterline and Drainage Improvements Project consists of the installation of approximately 3,900 feet of 8-inch and 6-inch waterline, smaller line connections, fittings, valves, fire hydrants, 245 feet of 12” storm drain, and other items. He stated that affected areas include North Henry from Main Street to Empire Street; Montezuma Avenue from Henry Street to Sligo Street; and South Market Street from 7th Street to 10th Street. He stated that a mandatory project walk-through was conducted on July 26, 2016, and five bids were received. He stated that D & L Construction was the low bidder at $496,744.00. In answer to a question from Mayor Sheek, Director of Public Works Johnson, stated that the City engineer looks at each of the items that are on the bid and if he feels there is a mistake it is discussed with the bidder. He spoke about the base bid and stated that it would encumber patching with hot mix asphalt. He stated that he is proposing to have the streets rebuilt in the 2017 budget and it would save the City approximately $42,000 (Alternate Item #16) to not complete the new asphalt. Councilmember McLaughlin moved that Council award the bid for the 2016 Waterline and Drainage Improvements Project to D & L Construction in the amount of $496,774.00. CITY COUNCIL REGULAR MEETING AUGUST 9, 2016 PAGE 4 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. Softball Complex Dugout Retaining Wall Project Bid. Director of Parks and Recreation Palmquist stated that the Parks and Recreation Department is needing to replace the dugout retaining wall and upper drainage above the retaining wall on the west ball field at the South Softball Complex. He stated that the dugout has been fenced off for no public use, due to safety concerns, until the dugout is repaired. He stated that the damage to the retaining wall resulted from the block not having rebar support throughout the wall and failure of the upper drainage system to prevent water from draining adjacent to the retaining wall. He stated that five bids were received on the proposal and the lowest bid was received from Sammy Adakai. He stated that references were checked on Mr. Adakai and a deposit was requested on the project, which is not City policy; therefore, staff decided to disqualify Mr. Adakai’s bid. He stated that staff is recommending the bid be awarded to the second lowest bidder, Mr. Concrete and Construction, Inc. He stated that the project will include the removal and replacement of the dugout retaining wall, drainage system, and an estimated 1,000 square feet of concrete work above the retaining wall. He stated that the unanticipated project would be funded from the Parks division maintenance and repair budget, any remaining commercial landscaping incentive program monies not used, and any remaining monies from the Parks and Recreation general fund and Conservation Trust Funds capital project. In answer to a question from Mayor Pro-tem Keel, Director of Parks and Recreation Palmquist stated that the project could be divided into two separate bids, but it would be easier to get it all done at once. Councilmember Archibeque moved to award the Softball Complex Dugout Retaining Wall Project bid to Mr. Concrete and Construction, Inc., at the bid amount of $44,000 for the removal and the replacement of the retaining wall and drainage system, $6.50 per square foot for the concrete work above the retaining wall, and $48.40 per cubic yard for the Class 2 fill material, with the total cost not to exceed $52,000. 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 c. Award of Historic Property Survey Downtown - RFP. City Manager Hale stated that the Cortez Historic Preservation Board recently received a grant from the Colorado Historical Society in the amount of $13,602, to conduct a final historic property inventory of the south side of Main Street (downtown area). He stated that three venders submitted proposals to complete the inventory. He stated that the low bidder has withdrawn her bid as she has decided to retire and after review by the Cortez Historic Preservation Board, the project is recommended for award to ECS (second low bidder) out of La Jara, CO. He stated that the grant pays 100% of the cost of the project and staff supports the recommendation of the Historic Preservation Board. Linda Towle, Chairperson of the Cortez Historic Preservation Board, stated that Cultural Resources Planning has completed the inventory for the City of Cortez for the past four years but has decided to retire. She stated that the board reviewed the other two bids and recommends award of the survey to ECS. CITY COUNCIL REGULAR MEETING AUGUST 9, 2016 PAGE 5 Councilmember Carlson moved that Council approve a contract with ECS for the completion of an historic property survey of downtown Main Street Cortez. Councilmember Miller seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes Yes d. Outdoor Dining Agreement and Change of Premises for Community Radio Project. City Attorney Green stated that a Change of Premises and Outdoor Dining Agreement has been submitted by Community Radio Project for their property located at 2-8 East Main Street. He stated that this is the first Outdoor Dining Agreement to be reviewed since the Colorado Department of Transportation (CDOT) has given their approval of the agreement and he noted that Community Radio Project is proposing to have outdoor dining in the front of their building on Main Street as well as a section on Market Street. He stated that staff has met with the applicant to be sure that the sidewalk portion left for pedestrians will be adequate. He stated that staff recommends approval and noted that the approval is two parts with the Outdoor Dining Agreement being approved and then the Change of Premises. In answer to a question from Councilmember Lucero, City Manager Hale stated that CDOT has had a different legal opinion on their right-of-way and have said that anything out of their curb line they do not govern if the streets was developed prior to their right-of-way program. City Manager Hale stated that CDOT has been given a copy of the City’s Outdoor Dining application process and they feel the application is thorough and complete. He stated that there is a lot of interest from the restaurants along Main Street and there will probably be more applications for the outdoor dining license in the future. Mayor Pro-tem Keel moved that Council approve an Outdoor Dining Agreement and Change of Premises for Community Radio Project, Inc., DBA KSJD, located at 2-8 East Main Street, 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 Yes e. Resolution No. 29, Series 2016. City Planner Hughes stated that Resolution No. 29, Series 2016, approves an amendment to the Site Development Plan to construct a Courts Facility on property located at 865 North Park Street. She stated that the Montezuma County PUD agreement has a section that addresses the process for amending an approved site plan and she noted that Montezuma County has made a few minor amendments to their original proposal which requires the Planning and Zoning and Council to review the changes. She reviewed the changes that would be made to the court building which would include the sally port and mechanical room being relocated to the same elevation as the main floor. She stated that the parking was reduced slightly but the parking requirements have still been met and the landscaping was reduced as well. She stated that the design of the building has been changed slightly. She stated that the plantings will need to be increased around the trash enclosure as required at the original approval. She stated that the City Engineer has asked that the driveway access on Park Street be moved further to the south primarily to address sight distance issues, but also to address direct vehicle access to the building which is a concern for safety reasons. She stated that the Planning and Zoning Commission discussed the changes at their meeting on August 2, 2016, and recommended approval with the CITY COUNCIL REGULAR MEETING AUGUST 9, 2016 PAGE 6 stipulation that the applicant work with the City Engineer to realign the driveway. She stated that the applicant has submitted a letter asking for an exception to the realignment of the street as they feel the site distance is accurate as per the requirements for a driveway and they would like the driveway to remain as originally proposed to line up with Driscoll Street. She stated that the City Engineer considers the drive as a “Stop Controlled” intersection and notes that the intersection sight distance is a major concern for the safe operation of City streets and driveways. She noted that concern is also given to the fact that the new Court building would be located next to the Sheriff’s office and emergency vehicles dispatched would likely be traveling at speeds greater than 25 mph which would reduce the time for a driver to react and maneuver through the intersection. She stated that staff recommends approval of Resolution No. 29, Series 2016, with six conditions. Mayor Sheek stated that she is disappointed in the decreased landscaping and noted that it really makes a difference to have nice landscaping for many reasons. She spoke about the beautification of the community and stated that it is important to have everyone help out. Discussion was held on the reasons for the change in the road placement and concern about safety of the intersection. Dennis Humphries, Humphries/Poli Architects, P.C., stated that on April 12, 2016, the original plan with the drive access was approved by Council; however, since that time a contractor was retained and the price for the project was much more than anticipated requiring the project to be scaled back but still maintaining the integrity of the security, safety, and aesthetics of the PUD requirements. He stated that the landscaping requirements are still met, though decreased, and some of the aesthetic elements have been reduced in size as well. He stated that an exception is being taken to one of the conditions of approval in regard to the requirement to realign the driveway as the change in the alignment would be costly and not necessary. He stated that the current street alignment meets the Fire Department’s turning radius requirements and width of drive isles. He stated that there will be mitigating items that will be placed in front of the Court building to curb any problem with someone driving into the building which will include landscaping as well as a sign. Bruce Honisch, Goff Engineering, stated that there is a difference of opinion on the City Code in regard to how the drive access onto the Court Building property is being classified. He spoke about the street intersections and speed limits and how they are interpreted. He spoke about line-of-sight at the intersection and noted that it is felt that the current proposal meets the code and the layout meets the lay of the land. City Manager Hale asked if the expense of moving the driveway 30 feet has been considered, since the expense was approximately $30,000 to $50,000 to move it 185 feet. Mr. Honisch stated that there is more concern with moving the driveway 30 feet in terms of the site distance issue and he noted any change would affect other amenities that have been planned for the property, such as drainage, etc. Eric Hogue, District Administrator for the 22nd Judicial Court, stated that he, Judge Walker, and Sheriff Nowlin had a discussion about the drive for the new court building and it was felt that the current location of the road is felt to be as safe due to the planters, bollards, curbing, and signage that will be placed in front of the building. He stated that everyone is concerned for security of the building and no one wants to skimp on safety. He spoke about how the jury pool system works and noted that it is now phased so the building does not have to have everyone in all at once. He stated that the 133 parking spaces should be adequate. Monty Guiles, Owner’s Representative for Montezuma County, spoke about the options for the driveway and noted that there is only one option should the City agree with the City Engineer (Case 3), and that is to move the driveway 240 feet which will cost approximately $30,000 to $50,000 additional in funding. CITY COUNCIL REGULAR MEETING AUGUST 9, 2016 PAGE 7 Director of Public Works Johnson spoke to Council about the interpretation that is being made by staff in regard to the driveway for the new court building and stated that there is concern as the Sheriff’s office is located nearby and the intersection could cause issues for emergency vehicles. He stated that the best time to addresses issues of concern for an intersection is during the planning phase prior to construction. He stated that staff is supporting the resolution with the condition that the driveway on the east side of the property be realigned to take access further to the south of the current alignment to meet the requirements of the City Engineer for sight distance and to reduce vehicle access to the building for safety reasons. In answer to a question from Councilmember McLaughlin, Director of Public Works Johnson stated that the change to the driveway is being recommended as staff has had some extra time to review the project. He stated that the City Engineer has had a lot of projects to review this past year and the alignment of the road was missed the first time but doesn’t mean it should not be fixed during the second review. Judge Walker stated that everyone is concerned about safety and asked that Council and staff be flexible to figure out a way to make this work that is economical for everyone. He suggested some kind of sign be placed in the road that lets everyone know of an emergency. He stated that if the project is delayed there could be issues with the funding of the furnishings for the building due to State budgeting. Mayor Sheek suggested that everyone get together and try to find a solution to the problem and that Council table the approval until the next meeting. Mr. Guiles stated that the project is already behind and the court system is in jeopardy of losing their money for the furnishings of the project which was budgeted to be spent by summer 2017. City Attorney Green stated that staff is saying that the intersection will be unsafe and he has a concern with deleting the condition regarding the driveway from the resolution. Discussion was held about the Sheriff’s office using Driscoll Street during emergencies rather than Park Street and City Manager Hale noted that the City could not make stipulations on what road the Sheriff’s office would use in an emergency. It was noted that most officers dispatched are already out on the street and not in the office. City Manager Hale asked if a compromise could be made that if Council allows the County to build the drive as it was originally proposed and if, in the future, the drive has issues with site distance and the intersection becomes a problem, that the County would rebuild the drive differently; however, after further discussion it was decided that would not work for many reasons. Discussion was held on the landscaping change which was changed to save money and it was noted that the suggested change for the driveway is cost driven as well. Director of Planning and Building Proffer stated that Council did approve the original plan in April 2016; however, there have been many changes made to the plan by the applicant since the original proposal which triggered review of the driveway location. Mr. Humphries spoke about the great relationship they have had with City staff and he hopes that the harmonious relationship can remain. He stated that the basement was removed from the building which caused the changes to the main floor. He stated that City staff has made several suggestions regarding fire safety issues and those recommendations have been made to the plans. He stated that he believes that the current alignment of the drive is a safer alignment for the use of people coming to and from the building. He stated that he respectively requests that Council approve the amended site development plan with the exception of item e. Councilmember Carlson stated that she feels the applicants have put in mitigating factors to eliminate any issues with safety of the building. Councilmember Miller moved that Council approve Resolution No. 29, Series 2016, an amendment to an approved site development plan to construct a combined court facility and public meeting CITY COUNCIL REGULAR MEETING AUGUST 9, 2016 PAGE 8 space at 865 North Park Street, in the Planned Unit Development (PUD) Zoning District, as submitted by Dennis Humphries, agent for property owner Montezuma County, with five conditions removing item e (regarding the driveway). 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 f. Cortez Caviness Tower Grant. City Manager Hale stated that the City has received an Energy and Mineral Assistance Grant Fund in 2015 to install communications equipment on Caviness Mountain, in order to greatly increase radio/communications coverage on eastern Montezuma and western La Plata counties, as well as in the Town of Mancos. He explained that DOLA recently contacted the City requesting that the contract be amended to allow for State severance tax monies be used for the project as opposed to the Federal mineral leasing dollars. He explained that the source of the money does matter because TABOR calculations don’t apply to Federal monies, but communities that have not “Debruced” have trouble accepting State severance tax monies. He stated that since Federal lease monies are drying up, the State requested that the City consider accepting the severance tax instead in order to free up the Federal monies for communities that haven’t debruced. He stated that also during the review of the request, Lori Johnson, Communication Supervisor, mentioned that the language should be changed that mandated the City’s ownership of the equipment for 10 years, as the State OIT intends to take over ownership after five years and DOLA was open to the change. Mayor Pro-tem Keel moved that Council approve the Contract Amendment for EIAF 7849 – the Cortez Caviness Mountain DTR Radio Site, and authorize the Mayor to sign the contract. 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 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 a. City Network/New Mural/Paving in Paradise Village. City Manager Hale stated that the City network is currently down due to several issues and staff is working on bringing it back up as we speak. He stated that a new mural is underway on the side of the Sears building and that all the paving is done in Paradise Village with the exception of a few punch list items. 13. CITY COUNCIL COMMITTEE REPORTS CITY COUNCIL REGULAR MEETING AUGUST 9, 2016 PAGE 9 a. Mayor’s Report on Workshop. Mayor Sheek stated that during the workshop Council met new employees Golf Course Greenskeeper Russ Grover and Parks and Recreation Maintenance Technician I Bret Jansen. Also, an update was given on the Community Support Grant Application process and Sheriff Nowlin presented the latest happenings with his Department. Mayor Sheek stated that Council adjourned to Executive Session for a conference with the City Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b). b. Montezuma Community Economic Development Association (MCEDA). Councilmember Miller stated that he attended the MCEDA meeting and discussion was held on Executive Director Chelsea Jones continuing to spend time on the County-wide fiber project, though the election for the tax increase has been postponed until 2017. c. Golf Advisory Board Meeting. Mayor Pro-tem Keel stated that the Golf Advisory Board meeting was held on July 27, 2016, and the members met Golf Course Greenskeeper Russ Grover and discussion was held on access to the golf course for people living on the east side of the golf course. d. Beautification of the Community and Bike Racks. Mayor Sheek noted that a citizen had mentioned to her how much they like the trees and flowers in the planter boxes throughout town and that they really add to the beautification of the community. In answer to a question from Mayor Pro-tem Keel, City Manager Hale noted that staff is looking at different locations to place bike racks throughout the downtown area in response to the gentlemen that attended the last Council meeting and asked for more bike racks. The regular meeting was adjourned at 9:35 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ________________________________ Linda L. Smith, City Clerk