City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 22, 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, Bob Archibeque, Mayor Pro-tem Ty Keel, Jill Carlson, Orly Lucero, and Shawna McLaughlin. Councilmember Tim Miller was absent. Staff members present were Chief of Police Roy Lane, Director of General Services Rick Smith, Library Director Eric Ikenouye, Airport Manager Russ Machen, Director of Planning and Building Sam Proffer, City Planner Tracie Hughes, Finance Director Kathi Moss, Deputy City Clerk Sara Coffey, City Clerk Linda Smith, City Attorney Mike Green, and City Manager Shane Hale. There were approximately 40 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 November 8, 2016. b. Approval of the payment of the Expenditure Vouchers of November 22, 2016. c. Approval of a renewal Medical Marijuana Center/On Site Optional Premises Cultivation License for David Krzystofiak LLC, DBA The Herbal Alternative, located at 1531 Lebanon Road, Cortez. Councilmember Lucero moved that Council approve the Consent Agenda, with the additional expenditure list totaling $271,142.76. 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 absent Yes 3. PRESENTATION a. Colorado Municipal Clerk’s Association Clerk of the Year Award. City Clerk Smith was recognized for her recent award presented from the Colorado Municipal Clerk’s Association as Clerk of the Year. A short recess was taken to enjoy cake and punch following the presentation. 4. CITIZEN PARTICIPATION a. High School History Class. Mayor Pro-tem Keel stated that more students from his class were in attendance to view the Council meeting process and each of the students introduced themselves along with their grade in school. 5. PUBLIC HEARINGS a. Resolution No. 43, Series 2016. City Planner Hughes stated that Resolution No. 43, Series 2016, approves a Conditional Use Permit to establish a single-family residence in the Commercial CITY COUNCIL REGULAR MEETING NOVEMBER 22, 2016 PAGE 2 Highway Zoning District. She stated that the existing structure is located at 319 West Montezuma Avenue and was built in 1917 as a single-family residence. She stated that the building was recently used as a day spa and other commercial uses in the past. She stated that the property is zoned Commercial Highway and a single-family residential use requires a Conditional Use Permit. She stated that the proposal meets the requirements for a Conditional Use Permit and noted that there are mixed uses in the area including other houses. She stated that the proposed use should not create any hazardous conditions and should not have any adverse impacts on the neighborhood. She stated that the City Building Official has commented that if the property reverts back to single family residential use, a new Certificate of Occupancy would need to be issued. She stated that Planning and Zoning approved the proposal on November 1, 2016, and staff recommends approval through Resolution No. 43, Series 2016, with two conditions. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Archibeque moved that Council approve Resolution No. 43, Series 2016, approving a Conditional Use Permit to establish a single-family residence in the Commercial Highway Zoning District, with two conditions. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes 6. UNFINISHED BUSINESS - None 7. NEW BUSINESS a. Ordinance No. 1218, Series 2016. Director of Finance Moss stated that Ordinance No. 1218, Series 2016, approves the appropriating supplemental funds, rectifying budgeted excess, and making budget revisions for the 2016 fiscal Budget. She stated that Article VII, Section 22 of the City Charter allows for revised appropriations at the expiration of eight months to make corrections to the current audit year. She reviewed the recommended changes and noted that the 2016 Budget would be lowered by $2,284,615. She noted that budget information has been posted to the City’s website for anyone interested in reviewing it. Mayor Pro-tem Keel moved that Council approve on first reading Ordinance No. 1218, Series 2016, approving the revised 2016 Budget, and set for public hearing on December 13, 2016. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes b. Ordinance No. 1219, Series 2016. Director of Finance Moss stated that Ordinance No. 1219, Series 2016, approves the 2017 Budget and sets the mill levy for 2017. She stated that the department heads began the budget process in July and presented their requests over the past three Council worksessions. She reviewed the process for estimating the mill levy for 2017 and stated that the most restrictive applies which would be the City’s Charter (1.21). She reviewed each of the funds in the 2017 Budget and stated that the budget is projected to total $30,819,841. She noted CITY COUNCIL REGULAR MEETING NOVEMBER 22, 2016 PAGE 3 that changes discussed at the worksessions would be included in the final budget documents along with the City Manager’s budget message. Mayor Pro-tem Keel moved that Council approve on first reading and set for public hearing on December 13, 2016, Ordinance No. 1219, Series 2016, approving the 2017 Budget and setting the mill levy for 2017. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes c. Osprey Transformer Location. Councilmember Lucero excused himself due a possible conflict of interest. City Manager Hale stated that during the review of the location of the electrical transformer for the new Osprey Headquarters, the City was contacted regarding the preference of the east or west side of the property. He stated that the City still owns three acres located on the east side of the block, as well as two acres north of Driscoll Avenue. He stated that the City would prefer to locate the transformer on the east side of the parcel to be able to serve the City’s remaining lots without any additional infrastructure costs. He stated that there is a $10,000 difference in cost to locate the transformer on the east side of Osprey’s property rather than the west side. He stated that Osprey will need to run additional gas line in order to move their generator to the east side of the building; however, they are willing to cover this cost as long as the City paid the transformer relocation difference. He stated that the City has budget funds in Capital projects that is reserved for unanticipated energy projects which has not been expended in 2016 and could be allocated for this expense. He stated that staff recommends that Council authorize the reimbursement to Osprey Packs for approximately $10,000 to cover the costs to relocate the electrical transformer to the east side of the Osprey Headquarters location, in order to serve the future development of the City- owned lots. Mayor Pro-tem Keel commented that it would probably look better for the transformer to be located on the east side rather than the west side. Councilmember Carlson moved that Council approve the relocation of the transformer at Osprey Basecamp and pay Osprey approximately $10,000 to cover the additional cost for the relocation. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes * Yes absent Yes *It was noted that Councilmember Lucero works at Empire Electric and has been involved in the discussion on the relocation of the transformer and therefore recused himself due to a possible conflict of interest. 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. 10. ADDITIONAL CITIZEN PARTICIPATION – None. 11. CITY ATTORNEY’S REPORT – None. CITY COUNCIL REGULAR MEETING NOVEMBER 22, 2016 PAGE 4 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 2017 Budget with the following departments: Public Works, General Services, and continued discussion on the Parks and Recreation budget. Mayor Pro-tem Keel thanked all his students for their attendance at the meeting and Mayor Sheek wished everyone a Happy Thanksgiving. b. Parks, Recreation, and Forestry Advisory Board. Councilmember Archibeque stated that the Parks, Recreation, and Forestry Advisory Board met on November 14, 2016, and Cub Scout Troup 519 was in attendance the meeting as they were working on one of their badges. He stated that discussion was held on future pickle ball courts, replacement of the Centennial Park restrooms, and exterior LED lighting for Parque de Vida. He stated that Kevin Mullikin, member at large on the Parks, Recreation, and Forestry Advisory Board, has resigned and advertising will be held for the open seat. He stated that new member Rachel Medina was welcomed to the board and discussion continued on the possibility of having tobacco free parks. He stated that public input will be solicited before a decision is made. He stated that the board also watched the video “Preventing Public Official’s Liability.” c. Mesa Verde Country. Councilmember McLaughlin stated that only two people were in attendance at the Mesa Verde Country meeting so there was no official business conducted; however, discussion was held on the budget, flume signage, and the Trails of the Ancient scenic byways. She stated that Kelly Kirkpatrick received approved for a grant for a pod cast download for phones that would describe different points of interest along the Trail of the Ancients. The regular meeting was adjourned at 8:25 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ________________________________ Linda L. Smith, City Clerk