City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 13, 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 Chief of Police Roy Lane, Finance Director Kathi Moss, Director of Planning and Building Sam Proffer, City Planner Tracie Hughes, Director of General Services Rick Smith, Recreation Center Facility Supervisor Joye McHenry, Director of Parks and Recreation Dean Palmquist, Director of Public Works Phil Johnson, Airport Manager Russ Machen, City Clerk Linda Smith, City Attorney Mike Green, and City Manager Shane Hale. There were 50 plus 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 August 23, 2016. b. Approval of the payment of the Expenditure Vouchers of September 13, 2016. c. Approval of a renewal Liquor Store License for Teebox Inc., DBA Teebox Liquors, located at 2410 Fairway Drive, Cortez. d. Approval of a renewal Hotel and Restaurant Liquor License for Loungin’ Lizard Inc., DBA Loungin’ Lizard, located at 2 West Main Street, Cortez. e. Approval of a Special Event Permit for the Cortez Area Chamber of Commerce to host an event on Thursday, October 13, 2016, at 12 East Main Street (Moose and More), Cortez. f. Approval of a Special Event Permit for the Southwest Memorial Hospital Foundation to host an event on Sunday, October 9, 2016, at Parque de Vida. Director of Finance Moss spoke about the new expenditure voucher list which was formatted differently than previously. She stated that the new software (Caselle) is wonderful; however, staff is still working through the bugs and the expenditure voucher list will be restructured to look similar to previous lists. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure list totaling $24,764.63. 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 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION – None. CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2016 PAGE 2 5. PUBLIC HEARINGS a. Review of a New Liquor License for WildEdge Brewing Collective. Mayor Sheek noted that the public hearing for the new liquor license was a Quasi-Judicial item and asked if any Councilmember had spoken about the topic, which no one said they had. Chief of Police Lane was sworn in and presented his report regarding the issuance of a new Brew Pub Liquor License for WildEdge Brewing Collective LLC, (Tucker Robinson, Douglas Bagge, and Jonathan Leibowitz), DBA WildEdge Brewing Collective, to be located at 111 North Market Street. He stated that public notice was given by posting a sign on the premises on September 1, 2016, and notice was also placed in the Cortez Journal on August 26, 2016. He stated that a survey of the neighborhood and businesses surrounding the proposed premises showed that 61 were in favor of granting the license and no person signed against granting the liquor license. He stated that there were a few people that stated that they were not interested in signing the petition in support or against. He submitted the petitions and the picture of the sign posted on the premises for the record. Tucker Robinson, and his business partners Doug Bagge and Jonathan Leibowitz, were sworn in and Mr. Robinson spoke about producing great beer and building a community around the beer with a family friendly environment. Mr. Robinson stated that he and his partners hope to begin with a five barrel brewing system which would produce approximately 250 barrels (500 kegs) in the first year. He stated most of the beer will be sold on premises at 111 North Market Street; however, some of the beer will be sold to other locations such as restaurants on Main Street. He stated there will also be local wines and non-alcoholic drinks sold on site and a small kitchen will offer 6 to 10 selections of food. He stated that the brewery would be open five days a week, closed on Sunday and Mondays. He stated that they would open mid-afternoon until 10:00 p.m. and Saturday they would open for lunch until 10:00 p.m. He reviewed the brew pub license process and stated that they can produce their own brew and sell it in the business as well as to other restaurant and bars. He stated that their hope is to create a good community space along with attracting tourists to the area. In answer to a question from City Attorney Green, Mr. Robinson and Mr. Bagge both stated that they witnessed the people sign their petitions which they circulated in support of the issuance of the Brew Pub liquor license. The six petitions from the applicant were submitted for the record. Mayor Sheek opened the public hearing. Dan Porter, owner of property located at 419 North Ash Street, stated that he supported a little brewery called New Belgium when he was in college and noted that the small breweries are very valuable and offer a vibrancy to the downtown area. Scott Steves, stated that he and his wife have lived in Cortez for 12 years and have traveled the U.S. venturing into many micro-breweries. He stated that breweries are enjoyable places to be and he does not see a negative element associated with the breweries as they have a sense of family and community and offer a liveliness to the area in which they are in. Pete Montano, stated that he applied for a liquor license over eight years ago for Pepperhead and at the time not much was happening on the block that they are in. He stated that the area has become very busy with the new businesses and he feels the new brew pub would expand the Central Business District and is a positive move for the community. Brandon Shurbert stated that he and his wife are the owners of Stonefish Sushi and they applied for a liquor license about seven years ago. He noted that there are viable businesses all up and down Main Street now and the proposed brew pub will be a great addition. He stated that the problem of finding a parking space downtown is a good thing and he stated that he hopes to buy beer from WildEdge for his business. Jim Herrick, 817 Balsam Street, CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2016 PAGE 3 stated that when he was on Council he sat through a lot of hearings on liquor licenses and feels the business district is coming to fruition. He stated it is nice to see downtown vibrant with lots of dining choices and that he supports the new brew pub as it will expand the business district and will help to revitalize the area. No one else spoke, and the hearing was closed. Councilmember Carlson asked about the distance requirement that was brought up at the previous Council meeting and City Manager Hale stated that the Director of Planning and Building had included a memo in the Council packet addressing the measurement from the Children’s Kiva School located at 25 North Beech to the new brewery premises. He stated that the measurement to the school is in compliance with regulations and noted that the City has consistently used the measurement from the property line of a school to the front door of a liquor establishment for many years. Councilmember Archibeque moved that Council approve a new Brew Pub Liquor License for WildEdge Brewing Collective LLC, DBA WildEdge Brewing Collective, to be located at 111 North Market 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 6. UNFINISHED BUSINESS - None 7. NEW BUSINESS a. 2016 Concrete Cost-Share Project Bid. Director of Public Works Johnson stated that the City advertised for the 2016 Concrete Cost-Share Project and received two bids. He stated that this year’s project includes the installation of 12 ADA ramps; 1170 sf of gutter pan; 282 lf of 24” curb and gutter; 1760 sf of new sidewalk; and 1512 sf of replacement sidewalk, which includes the portion for residents participating in the cost-share program. He stated that Daniel’s Concrete was the low bidder which came in near the engineer’s estimate. He stated that upon opening the bid, it was discovered that the line item for the gutter pan was missing on the bid form. He stated that the engineer’s estimate for this item is $35,000 and will be added to the project as a change order. He stated that, in addition the Parks and Recreation Department needs some sidewalk panels replaced in the Carpenter Trail, though some of the panels were damaged by the Cortez Sanitation District equipment and will be billed to them for the replacement. He stated that it has also been brought to his attention that several panels of concrete located at the entrance to the library need to be replaced and that cost should not exceed $3,000. He stated that the Street Capital fund has $75,000 budgeted for concrete this year and $50,000 for storm drain work. He stated that the Parks and Recreation Department will be responsible for their portion of the project. In answer to a question from Mayor Sheek, Director of Public Works Johnson stated that KSJD has decided to wait on the expansion of their sidewalk until next year due to the expense. In answer to a question from Councilmember Lucero, Director of Public Works Johnson stated that staff feels confident that Daniel’s Concrete can complete the project in the 60 day contract time line. Councilmember Lucero moved that Council award the 2016 Concrete Cost-Share Project bid to CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2016 PAGE 4 Daniel’s Concrete in the amount of $87,910.71, and include the gutter pans, Carpenter Trail sidewalk panels, and library panels for a total project cost of $125,910.71. 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 b. Out-of-City Water Tap Request. Director of Public Works Johnson stated that Troy Hicks, representing Louise Hicks, is requesting a ¾-inch out-of-City water tap for property located at 8051 Highway 160/491. He stated that Mr. Hicks once owned property that was abutted to the property at 8051 Highway 160/491 and had a water tap; however, the water tap did not get transferred with the property sale. He stated that a new water tap needs to be purchased for the property at 8051 Highway 160/491. He stated that the City charges 50% additional charge for an out-of-City water tap which will equate to $6,380 for a ¾” tap. He stated that staff recommends approval of the request. In answer to a question from Mayor Sheek, Director of Public Works Johnson stated that out-of-City waters tapes are not requested often. Mayor Pro-tem Keel moved to approve a ¾-inch out-of-City water tap and Pre-annexation Agreement for property located at 8051 Highway 160/491, as submitted by Troy Hicks, POA for Louise Hicks. 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. Airport Certification. Airport Manager Machen stated that Council discussed at a previous worksession the pros and cons of surrendering the Airport Part 139 Operating Certificate and since that worksession, an inspection was completed on the airport with discussion held on the changes coming in the future on the Part 139 Certificate. He reviewed the changes that would be required if the City were to keep their Part 139 Certificate and the expense that would be included with the changes. He stated that the Part 139 Certificate is required for airports that have schedule airline traffic with 10 seats or greater. He stated that for the last two years, Great Lakes has been flying with 9 seats and Boutique Air, the City’s new essential air service, will also have a plane with less than 10 seats. He stated that staff believes that dropping the certificate far outweigh any potential advantage of keeping it. Airport Manager Machen stated that he spoke to several communities that have surrendered their certificates and none of them have re-applied for the certificate. He stated that the City will continue the daily maintenance at the airport and keep the airfield in good shape for the general flying public as well as the airline as it keeps the insurance rates low. In answer to a question from Mayor Pro-tem Keel, Airport Manager Machen stated that the Fire Department could possibly qualify for the air traffic need of a fire truck in the future if they had a dry chemical component on their truck. City Manager Hale noted that one of the requirements that would be instituted in the near future with the Part 139 Certificate is that airport staff would have to be at the airport 15 minutes before and 15 minutes after flight time. He stated that the requirement could be very cumbersome for the City if flights are delayed as well as a cost concern for staffing the weekend time. Airport Manager Machen stated that if Council choses to surrender the Part 139 Operating Certificate, he asked that the certificate not be surrendered until Great Lakes is no longer serving Cortez. CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2016 PAGE 5 Mayor Pro-tem Keel moved that Council surrender the Airport Part 139 Operating Certification following Great Lakes departure from Cortez. 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. Ordinance No. 1216, Series 2016. City Attorney Green stated that Ordinance No. 1216, Series 2016, repeals Cortez City Code Section 18-28, loitering prohibited upon public ways and Chapter 18C, prohibition of nighttime juvenile loitering. He stated that the ordinance is being repealed from the City Code as it hasn’t been used for many years and the ACLU (American Civil Liberties Union) has challenged communities that have this type of regulation in their code books. He stated that staff is recommending approval of the ordinance on first reading as it is no longer needed. In answer to a question from Councilmember Miller, City Attorney Green stated that all of the loitering regulations would be deleted. Councilmember Archibeque moved that Council approve on first reading Ordinance No. 1216, Series 2016, repealing Cortez City Code Section 18-28, loitering prohibited upon public ways and Chapter 18C, prohibition of nighttime juvenile loitering, and set for public hearing on September 27, 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 e. Ordinance 1217, Series 2016. City Attorney Green stated that Ordinance No. 1217, Series 2016, amends Cortez City Code Section 18-11, Disturbing the Peace and creates a new section, Section 18-12, Indecent Exposure and Public Indecency. He stated that the Disturbing the Peace Cortez City Code section has become too large and unwieldy for effective enforcement. He stated that separating indecent exposure and public indecency offenses will make it easier for officers to properly charge offenses and allow more efficient prosecution. He stated that by allowing an officer to make a prima facie determination that a noise or conduct is a disturbance will make cases easier to charge. He stated that many of the City cases are observed by officers without a complainant or reporting witness. He stated that the new Public Indecency/Indecent Exposure charge is modeled after State law and gives ample case law and authority as does the new Disturbing the Peace section which closely resembles the State charge of Disorderly Conduct. He stated that the City has been receiving complaints about issues in the park and the officers need to have the correct language to write a violation. In answer to a question from Councilmember Carlson, City Attorney Green stated that he does not feel the prima facie should be an issue for attorneys and it will be up to the judge to decide if the violation is a subjective charge. Mayor Pro-tem Keel moved that Council approve on first reading Ordinance No. 1217, Series 2016, amending Cortez City Code Section 18-11, Disturbing the Peace and creating a new section, Section 18-12, Indecent Exposure and Public Indecency, and set for public hearing on September 27, 2016. Councilmember Lucero seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2016 PAGE 6 Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes Yes f. Resolution No. 31, Series 2016. City Planner Hughes stated that Resolution No. 31, Series 2016, approves an amendment to an approved site development plan to construct four horse stables at the Montezuma County Jail and Sheriff’s office located at 730 East Driscoll Street, in the Montezuma County PUD. She stated that the Montezuma County PUD agreement has a section that addresses the process for amending an approved site development plan which requires approval by the Planning and Zoning Commission and City Council. She noted that Planning and Zoning approved the proposal at their meeting on September 6, 2016. She reviewed the changes to the site development plan for the construction of the four horse stables and noted that the structure would be located to the west of the existing jail and approximately 150 feet from the west boundary of the property which meets the City’s regulations in regard to livestock in the community. She stated that the stables are being considered an accessory use and will have a design that appears to be complimentary to the jail as they are similar in color and are made of wood. She noted that construction of the stables and the driveway is of a non-permanent nature. She reviewed the comments received from utility providers and affected special districts and noted that the applicant has said that the Cortez Sanitation District will always have unfettered access and the 300-foot road that would be put in running north from Driscoll Street will be a much easier access for them. She stated that staff recommends approval of the site development plan through Resolution No. 31, Series 2016, with three conditions. Councilmember Lucero moved that Council approve Resolution No. 31, Series 2016, approving an amendment to an approved site development plan to construct horse stables at the Montezuma County Jail and Sheriff’s office located at 730 East Driscoll Street, in the Planned Unit Development Zoning District. 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 g. Change Order No. 1 for New City Hall. Director of General Services Smith stated that WCA Contracting LLC, is constructing the remodel of the new City Hall and several items have required to be changed, some due to the direct result of the LEED requirements dictated by the DOLA grant. He stated that the items were reviewed in detail during the Council worksession. He stated that there is a $10,000 budget set aside for contingency in the project and WCA Contracting LLC, and Reynolds Ash and Associates have agreed to pay for part of the change order leaving the City with an additional amount of $56,559.77. Councilmember McLaughlin moved that Council approve Change Order No. 1 for the new City Hall project in the amount of $56,559.77, changing the contract amount to $2,595,847.77. 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 CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2016 PAGE 7 h. Letter of Support for CPW Trail Construction Grant for Phil’s World Expansion. City Manager Hale stated that a request has been received from the Southwest Colorado Cycling Association (SWCCA) asking for a letter of support for a Colorado Parks and wildlife non-motorized trail, large construction grant for the Phil’s World expansion project. He stated that the expansion would increase Phil’s World with 27 additional miles to the already 30 miles of trails and provide additional parking. He stated that Phil’s World is a great asset to the area and the addition would possibly encourage people to stay the night with the additional trail miles. He stated that they are not asking for any funding, but they did include in their letter that any contribution to help towards the cash match for the grant would be appreciated. Discussion was held on a contribution towards the grant request and it was noted that any contribution towards the project elevates the support for the project to a different level. Councilmember Archibeque noted that Phil’s World has national recognition and is extremely popular with biker’s. City Manager Hale noted that Phil’s World has been built and maintained by SWCCA and there has not been any City funding for the project, though the City receives benefits from having it in the community. Councilmember Miller moved the Mayor be authorized to sign the attached letter of support for a Colorado Parks and Wildlife non-motorized trail, large construction grant for the Phil’s World expansion project and to contribute $5,000 from the 2017 Budget towards the grant match. 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 i. Recreation Center Upstairs Replacement Flooring Bid. Recreation Center Facility Supervisor McHenry stated that the City bid the replacement flooring for the upstairs exercise and fitness room and the initial project was to replace half of the flooring in 2016 and the other half in 2018. She stated that because of the amount of time and labor that the upstairs exercise room would have to be closed for removal of the machines, she stated that staff has determined that it would be more cost effective and less impact on the patrons to replace the whole floor at once. She noted that it would also provide a more aesthetic match. She stated that two bids were received; however, one bid was for the product only. She stated that the bid from Topline Floors Inc. is $35,500 for the entire flooring. She noted that the difference in the funding amount not budgeted would come from new exercise equipment that would not be purchased and the current maintenance and repair budget. City Manager Hale stated that the less impact on the patrons the better, and it was noted by Recreation Center Facility Supervisor McHenry that the upstairs exercise room would have to be shut down for approximately seven days for the old flooring to be removed and new flooring to be installed. Recreation Center Facility Supervisor McHenry noted that the carpet has a 20-year lifespan and that the Delta Recreation Center has the same flooring and they have commented that it is a nice product. Mayor Pro-tem Keel moved that Council award the Recreation Center Upstairs Replacement Flooring Bid to Topline Floors Inc. at the bid amount of $35,500. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2016 PAGE 8 Yes Yes Yes Yes Yes Yes Yes Director of Parks and Recreation Palmquist praised Recreation Center Facility Supervisor McHenry stating that there are a lot of maintenance issues that need to be done at the Recreation Center and Joye has stepped up and is taking care of them and is doing a great job. 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 Council reviewed the Parks and Recreation Master Plan and an update was given on the new City Hall remodel. b. Montezuma Community Economic Development Association (MCEDA). Councilmember Miller stated that discussion was held on the membership drive for the association and Ballot Issue Issue 152 which will be on the November ballot. The regular meeting was adjourned at 8:55 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ________________________________ Linda L. Smith, City Clerk