City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 27, 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, Shawna McLaughlin, and Tim Miller. Councilmember Orly Lucero was absent. Staff members present were Chief of Police Roy Lane, Director of Planning and Building Sam Proffer, Associate Planner Neva Connolly, City Planner Tracie Hughes, Director of General Services Rick Smith, Airport Manager Russ Machen, City Clerk Linda Smith, City Attorney Mike Green, and City Manager Shane Hale. There were 16 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 September 13, 2016. b. Approval of the payment of the Expenditure Vouchers of September 22, 2016. c. Approval of a renewal Tavern Liquor License for Cortez Conference Center LLC, DBA Destination Grill, located at 2121 East Main Street, Cortez. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure list totaling $32,718.97. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes absent Yes Yes Yes 3. PRESENTATIONS a. Proclamation in Recognition of National Disability Employment Awareness Month. Mayor Sheek read a proclamation proclaiming the month of October as National Disability Employment Awareness Month. Luann Hermann with the Southwest Center for Independent Living stated that they are among one of 400 centers in the United States that advocate for and support people that live with disabilities. She stated that National Disability Employment Awareness Month is held every October to bring awareness to the public and employers about the support of people with disabilities as employees. She stated that a workshop/conference would be held at the Recreation Center on Friday, September 30, 2016, from 11:00 a.m. to 3:00 p.m. and that the goal of the Southwest Center for Independent Living is to help people find jobs in the community as well as to help them with independent living skills and housing. Mayor Sheek read the proclamation and presented it to Ms. Hermann. b. HEAL Colorado Campaign Award. Julie George with LiveWell Colorado presented Council with an award from the HEAL Colorado Campaign. She congratulated Council on becoming the second City in the State to achieve the Elite status and complemented the City on increasing access CITY COUNCIL REGULAR MEETING SEPTEMBER 27, 2016 PAGE 2 to healthy eating and active living for the community. c. Proclamation for Support of the National Park System. Ami McAlpin spoke about the backlog that has occurred on maintenance of National Parks and she stated that a fee increase has been discussed for Mesa Verde National Park which would be used towards maintenance of infrastructure at the park. She stated that the gateway communities that are near a National Park will be hit with the loss of visitors to their communities due to problems with maintenance within the parks. She spoke about the funding model and the need to turn it around. She urged Council to support a letter to Congress to fund the National Parks on a national level. Mayor Sheek stated that the proclamation would encourage Congress to create a reliable, predictable stream of resources to address deferred maintenance needs in America’s National Park System and she read the proclamation for the record. She noted that Spruce Tree House is closed at Mesa Verde National Park because there is not enough money to fix the structure and that hurts everyone. 4. CITIZEN PARTICIPATION a. ColoradoCare - Amendment 69 on November Ballot. Retha Williams gave Council handouts on information supporting ColoradoCare Amendment 69. She stated that the current health care system is broken with high annual deductibles, high out-of-pocket expenses, and limited choice of doctors. She stated that ColoradoCare can fix the problems and noted that quality, comprehensive, affordable health care would be provided for all Colorado citizens and that the health care money stays in Colorado to create local jobs and a stronger state economy. She spoke about the savings that could be received if the amendment is voted in and encouraged Council and all citizens to go to ColoradoCare.org to find out more information. 5. PUBLIC HEARINGS a. Resolution No. 32, Series 2016. Associate Planner Connolly stated that Resolution No. 32, Series 2016, approves a site development plan to establish BeeHive Home at the Homestead at 694 Cottonwood Street, located on Lot 1 in the Montezuma County Hospital District Planned Unit Development (PUD) zoning district. She stated that Janis Gardener Enterprises, LLC, has applied to the City for a site plan review to establish a residential living facility for patients with Alzheimer’s or related dementia, to be called BeeHive Homes at the Cortez Homestead. She stated that the proposed building will be a ranch style home with stucco walls and a coordinating shingle roof. She stated that the Planning and Zoning Commission reviewed the proposal at their meeting on September 6, 2016, and had some concerns with the parking lot design, specifically whether the lot was aligned to allow for emergency, delivery, and City vehicles sufficient space to turn around. It was noted at the meeting that the City Engineer would review the configuration at the time the applicant applies for a building permit and any tweaks in the alignment should not affect the overall site plan or parking spaces needed for the building. Associate Planner Connolly stated that the Parks and Recreation Department has requested a few more trees be planted and the applicant has noted that they are amenable to adding another tree, though their landscaping plan is in compliance with City Code as proposed. She stated that the proposal meets several goals of the Comprehensive Plan and staff has found that the applicant has shown the ability to substantially comply with the requirements of the Land Use Code and recommends approval of the proposal through Council Resolution No. 32, Series 2016, with three conditions. Councilmember Archibeque stated that this CITY COUNCIL REGULAR MEETING SEPTEMBER 27, 2016 PAGE 3 facility is greatly needed in the community. Ms. Gardener stated that this a personal issue for her as her husband had Alzheimer’s and there was not an appropriate place for him to remain in the community and he had to be moved to Phoenix for the last four months of his life. She stated that she learned that it works better for people that are suffering to have a facility that is specifically for Alzheimer’s or related dementia patients. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Mayor Sheek thanked Ms. Gardner for having the passion to pursue this facility for the community. Councilmember Miller moved that Council approve Resolution No. 32, Series 2016, with three conditions, approving a site development plan to establish BeeHive Home at the Cortez Homestead at 694 Cottonwood Street, located on Lot 1 in the Montezuma County Hospital District Planned Unit Development (PUD) Zoning District. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes absent Yes Yes Yes b. Resolution No. 33, Series 2016. Associate Planner Connolly stated that Resolution No. 33, Series 2016, approves an Encroachment Permit to construct an awning that extends into the public right-of-way on the north side of the building at 345 West Main Street in the Commercial Highway (C) zone. She stated that the application for the Encroachment Permit has been submitted by Brad Wright, agent for property owner Glenn Leighton, and includes the construction of an awning on the front of the building located at 345 West Main. She stated that application was reviewed by utility agencies and City departments and the comment received from the Colorado Department of Transportation (CDOT) was that breakaway posts are not needed for the proposal and they approved the project as proposed. She stated that Planning and Zoning reviewed the proposal at their meeting on September 6, 2016, it was noted that a City tree would need to be removed and several alternatives for replacing the tree was discussed. She noted that the Building Official and Public Works staff have requested that the posts be set back 18” from curb to allow for door opening of parking cars. She stated that staff recommends approval through Resolution No. 33, Series 2016 with four conditions. In answer to a question from Mayor Sheek, Mr. Wright stated that the project would begin as soon as approval is given from the City and construction would take approximately three weeks. Glenn Leighton stated that the awning roof would be similar in color to the building roof and there would lighting added so it is not dark under the awning. He stated that he wants to make the area safe for pedestrians as the sidewalk can become very icy during the winter months. Mayor Sheek complimented Mr. Leighton on the nice store front which he has and noted that that the awning will be a nice addition. Discussion was held on the City tree that would need to be removed and it is hoped that it could be dug up and replanted in another location. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Mayor Pro-tem Keel moved that Council approve Resolution No. 33, Series 2016 approving an Encroachment Permit to construct an awning that extends into the public right-of-way on the north side of the building at 345 West Main Street in the Commercial Highway (C) zone. Councilmember Archibeque seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING SEPTEMBER 27, 2016 PAGE 4 Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes absent Yes Yes Yes c. 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 loitering regulations were being removed from the City Code book as they have not been used in years and are possibly unconstitutional. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Archibeque moved that Council approve on final reading Ordinance No. 1216, Series 2016, repealing Cortez City Code Section 18-28, loitering prohibited upon public way and Chapter 18C, prohibition of nighttime juvenile loitering. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes absent Yes Yes Yes d. Ordinance No. 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 changes would simplify the disturbing the peace regulations as it would be better for enforcement as well as for the citizens issued the ticket to understand what they are being charged with. He stated that Section 18-12 will be added to the City Code and defines indecent exposure and public indecency. He stated that the language mimics State Statues. Mayor Sheek 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 there should be no problem with the officer making the prima facie determination. Mayor Pro-tem Keel moved that Council approve Ordinance No. 1217, Series 2016, on final reading, amending Cortez City Code Section 18-11 Disturbing the Peace and creating a new section, Section 18-12 Indecent Exposure and Public Indecency. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes absent Yes Yes Yes 6. UNFINISHED BUSINESS - None 7. NEW BUSINESS a. Boutique Air Operations Lease Agreement. Airport Manager Machen stated that Boutique Air is beginning airline service to Cortez on Saturday, October 1, 2016, and will serve the community as the essential air service for the next two-year period. He stated that a new operations lease is required as Boutique Air will be using the airport and terminal building. He stated that the lease agreement is the same as was held with Great Lakes Airlines previously with the same modest increases in building rent to reflect projected future utility increases due to inflation. He stated that CITY COUNCIL REGULAR MEETING SEPTEMBER 27, 2016 PAGE 5 the landing fees will change as Boutique Air is using a lighter aircraft than Great Lakes. He stated that Boutique Air has already signed the Lease Agreement accepting the agreement as written. Councilmember Carlson moved that Council approve an operations lease with Boutique Air. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes absent Yes Yes Yes In answer to a question from Mayor Sheek, Airport Manager Machen stated that he would speak with Boutique Air about advertising their service to Cortez. He stated that Boutique Air would be having a grand kickoff/ribbon cutting ceremony of their service to Cortez in mid-October and that may be when they plan to gear up their advisement program. He stated that Great Lakes and Boutique Air would be both operating out of the airport with two flights over lapping on Saturday, October 1 and 2nd and then Great Lakes would no longer be coming to Cortez. Discussion was held about the employees that have been hired for Boutique Air. b. Resolution No. 34, Series 2016. Associate Planner Connolly stated that Resolution No. 34, Series 2016, approves an Amended Plat of Lots 3 and 4 of Golf Course Estates, as submitted by Jim Candelaria, agent for owners Jack and Tam Kosik. She stated that the applicants would like to consolidate Lots 3 and 4 of Golf Course Estates, creating Lot 3A which would be 1.04 acres in size. She stated that the lot has been addressed as 2665 Golf Course Lane and currently has a residential structure being built on the property. She stated that after review by the utility agents and affected special districts it was noted that there is a sewer easement running north and south; however, the lot is large enough to not cause any conflict with the easement. She stated that staff recommends approval of the amended plat through Resolution No. 34, Series 2016, with three conditions. In answer to a question from Mayor Sheek, City Manager Hale stated that the house is under construction. Jim Candelaria stated that a building permit would not have been issued if staff had not felt the amended plat would be approved and he noted that the house is about 60% completed. Mayor Pro-tem Keel asked if there were a lot of lots that would be consolidated in the area and Mr. Candelaria stated that most of the lots are large enough for the homes, though there have been a few lot consolidations in the Golf Course Estates. Councilmember Archibeque moved that Council approve Resolution No. 34, Series 2016, approving an Amended Plat of Lots 3 and 4 of Golf Course Estates, as submitted by Jim Candelaria, agent for owners Jack and Tam Kosik. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes absent Yes Yes Yes c. Resolution No. 35, Series 2016. Councilmember McLaughlin recused herself from the discussion due to a possible conflict-of-interest. City Planner Hughes stated that Resolution No. 35, Series 2016, approves the Empire Electric North Broadway Subdivision, located at 801 North Broadway, as submitted by Ken Tarr, agent for property owner Empire Electric. She stated that the existing property is approximately 13.04 acres and is zoned Commercial Highway (C). She stated CITY COUNCIL REGULAR MEETING SEPTEMBER 27, 2016 PAGE 6 that the property will be split into three separate lots with a portion of the property located in the County and a portion in the City. She stated that Lot 1 of the subdivision is on the north side of the existing property and will have the current Empire Electric administration building on it. Lot 2 will be on the southern side of the property and will have 2.66 acres in the City and 1.89 acres in the County and will contain two warehouse buildings and a shed. Lot 3 will be 5.45 acres and will be entirely in the County and is not subject to City requirements but will need access from Highway 491 through Lot 1. The applicant is dedicating an access easement between Lots 1 and 2. City Planner Hughes stated that because a portion of the property is located in the County, the proposal will have to be reviewed by the Board of County Commissioners as well. She stated that the City is using the minor subdivision process for review of the proposal and staff recommends approval through Resolution No. 35, Series 2016, with four conditions. Mayor Pro-tem Keel moved that Council approve Resolution No. 35, Series 2016, with four conditions, approving the Empire Electric North Broadway Subdivision, located at 801 North Broadway, as submitted by Ken Tarr, agent for property owner Empire Electric. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes absent * Yes Yes *Councilmember McLaughlin recused herself from the discussion and vote due to a possible conflict-of-interest. d. Resolution No. 36, Series 2016. City Manager Hale stated that Resolution No. 36, Series 2016, declares 210 East Main Street City surplus. He stated that when City staff moves to the new building located on Roger Smith Avenue, the Main Street building will no longer be needed and therefore the City would like to place the building for sale. Mayor Pro-tem Keel moved that Council approve Resolution No. 36, Series 2016, declaring 210 East Main Street as City surplus. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes absent Yes Yes Yes e. 2016 Police Department Dispatch Remodel Bid. Chief of Police Lane stated that the 2016 Dispatch Budget provides $30,000 for moving a wall nine feet into the records area to expand the size of the Dispatch Center. He stated that the City received two local bid responses and Weeminuche Construction was the low bidder at $23,500. He noted that the dispatch area has become extremely crowded and a fourth station is being provided for future expansion. He noted that the electrical, flooring, and HVAC is not included in the bid and will be done outside the scope of the project. In answer to a question from Mayor Sheek, Director of General Services Smith stated that a new wall would be built prior to the old wall being torn down so the dispatch is not affected by the construction. City Manager Hale stated that he was glad Weeminuche Construction was the low bidder as they have done a great job on the new City Hall building. CITY COUNCIL REGULAR MEETING SEPTEMBER 27, 2016 PAGE 7 Councilmember McLaughlin moved that Council award the 2016 Police Department Dispatch Remodel Bid to Weeminuche Construction at the cost of $23,500. Councilmember Miller seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes absent 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. Golf Course/Library/COG/School to Farm Update. City Manager Hale stated that Jon Brooks, Special Events Coordinator, is participating in a promotional shoot with drones at the golf course. He stated that the shoot will be used for advertisement of the golf course. He stated that a consultant will be at the Library from 9:00 a.m. until 4:30 p.m. to review better utilization of the space at the Library. He stated that information from the consultant will be shared with Council once it is received. Also, City Manager Hale stated that the COG will have a presentation on the fiber middle mile on Thursday 11:00 a.m. to 1:00 p.m. at the Service Center with lunch provided. City Manager Hale stated that the GOCO Grant for the School to Farm program was reviewed during the worksession. He stated that Council has been very supportive of the program and Mayor Sheek signed the grant last week so the grant could be submitted on time. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the workshop introductions were made of new City employees Tracie Mueller and Dicey McKay, Communication Technicians and Wesley Kirks, Kennel Tech Aide and the Cortez Sanitation District Board spoke about the possibility of joining the City and Sanitation District together. She stated that information was given on the HEAL Colorado Campaign and disposition of the current City Hall building. Also, discussion was held on the possibility of replacing the roof at the new City Hall as well as the cost of solar panels. Mayor Sheek stated that a brief discussion was held on the dumpsters located in the alley behind the restaurants between the Wilson Building and the Cultural Center and possibly consolidating some of the dumpsters and an update was given on the Great Outdoors Colorado Grant for the School to Farm program. b. Mesa Verde Country. Councilmember Carlson stated that discussion was held regarding the flume signage which has not yet been installed. She stated that the 2017 budget was discussed as well as funding for the Cultural Center dances. She stated that the old brochures which were used for hunting, fishing, etc. may be brought back in the digital form and Susan Thomas of the Trail of the Ancients has asked for $12,000 donation which was not approved yet. She stated that CITY COUNCIL REGULAR MEETING SEPTEMBER 27, 2016 PAGE 8 discussion was also held on the various agencies that operate in the community and the need to keep them from overlapping so the community receives the maximum benefit. c. Parks, Recreation, and Forestry Advisory Board. Councilmember Archibeque stated that the Parks, Recreation, and Forestry Advisory Board met on September 16, 2016, and the final copy of the Park and Recreation Master Plan for the Capital Improvement Projects was distributed and discussion continued on the dream park for the south side of town to be possibly located at the old high school. d. Cortez Cultural Center. Councilmember Miller stated that Censa Wolcott has resigned from the Cortez Cultural Center and the position is being advertised. He stated that Rebecca Levy will fill in for Ms. Wolcott until the position is filled. The regular meeting was adjourned at 9:10 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ________________________________ Linda L. Smith, City Clerk