City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, JULY 25, 2017 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, Jill Carlson, Orly Lucero, Shawna McLaughlin, and Tim Miller. Mayor Pro-tem Ty Keel was absent. Staff members present were Director of Public Works Phil Johnson, Police Chief Roy Lane, Director of Planning and Building Sam Proffer, Director of Finance Kathi Moss, Director of Parks and Recreation Dean Palmquist, City Clerk Linda Smith, City Manager Shane Hale, and City Attorney Mike Green. There were ten people 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 11, 2017. b. Approval of the payment of the Expenditure Vouchers of July 25, 2017. c. Approval of a renewal 3.2% Beer Off Premises Liquor License for Western Refining Retail LLC, DBA Giant #260, located at 921 East Main Street, Cortez. d. Approval of a renewal Retail Liquor Store License for Seven Eighteen Cortez Inc., DBA Liquid Assets, located at 718 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 Liquor Store License for Tubros LTD., DBA Cork N’ Bottle, located at 443 East Main Street, Cortez. g. Approval of a renewal Tavern Liquor License and Change in Corporation for Cortez Elks Association, DBA Cortez Elks #1789, located at 2100 North Dolores Road, Cortez. Councilmember Lucero moved that Council approve the Consent Agenda, with the additional expenditure list totaling $340,056.62. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes * absent Yes Yes Yes Yes *Councilmember Carlson recused herself from the vote due to a possible conflict-of-interest due to an expenditure being paid to a local non-profit she is involved with. 3. PRESENTATION – None. CITY COUNCIL REGULAR MEETING JULY 25, 2017 PAGE 2 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS – None. 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Bid for 2017 Concrete Cost-Share Project. Director of Public Works Johnson stated that the City of Cortez provides an annual sidewalk cost-share program to help residents and business owners either install new sidewalk or replace deteriorated sidewalks on their property. He stated that the program encourages and promotes improvement of the public walkways by offering a 50% cost- share agreement with local residents. He stated that the project also allows the City complete maintenance on City sidewalks, ADA accessible ramps, and miscellaneous curb and gutter work. He stated that this years project includes 12 ADA ramps; 150 sf of gutter pan; 300 lf of 24” curb and gutter; 65 lf of 30” curb and gutter; 200 sf of new 6” commercial drive approach; 1,650 sf of 6” replacement drive approach; 3,190 sf of new sidewalk; and 4,173 sf of replacement sidewalk. He stated that funding for the project would be coming from Parks and Recreation, the Street Capital Fund, and a portion from cost-share participants. He stated that three bids were received and Daniel’s Concrete and Excavation was the low bidder at $148,949.42. In answer to a question from Mayor Sheek, Director of Public Works Johnson stated that he did not see any red flags with the bid and noted that Daniel’s is a local firm and does not have expenses with mobilization from another town. Discussion was held on the qualifications of Daniel’s and Director of Public Works Johnson stated that staff has to spend extra time to be sure everything is done properly but Daniel’s has been providing a better product than in the past. Councilmember Archibeque moved that Council award the 2017 Concrete Cost-Share Project to Daniel’s Concrete and Excavation at a bid amount of $148,949.42. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes absent Yes Yes Yes Yes b. Ordinance No. 1226, Series 2017. Director of Public Works Johnson stated that Ordinance No. 1226, Series 2017, provides for the management and control of backflow prevention devices and cross connections with the City of Cortez. He stated that in 2005, the Colorado Legislature adopted Article 12 of the Colorado Primary Drinking Water Regulation, requiring all local jurisdictions within the State of Colorado to enact, adopt, and enforce a hazardous cross-connection management program. He stated that the City initiated their program through Ordinance No. 1048, Series 2005. He stated that Ordinance No. 1226, Series 2017, would update the City’s current regulations with the State regulations. He stated that the change does not impact the residential or commercial customers in regard to inspections, the type of backflow devices, or fees. Councilmember Lucero moved that Council approve on first reading Ordinance No. 1226, Series 2017, providing for the management and control of backflow prevention devices and cross connections within the City of Cortez, and set the ordinance for public hearing on August 8, 2017. CITY COUNCIL REGULAR MEETING JULY 25, 2017 PAGE 3 Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes absent Yes Yes Yes Yes c. Ordinance No. 1227, Series 2017. City Attorney Green stated that Ordinance No. 1227, Series 2017, updates the outdoor dining license regulations to allow for future ‘parklets’ in the community. He stated that there have been requests for outdoor dining and service of alcohol in the City streets adjacent to City sidewalks and this ordinance would allow the licensee to set up service areas in portions of City streets and sidewalks. He stated that as a result of allowing the consumption of alcoholic beverages on City streets and sidewalks it is necessary to amend the public drinking and possession of alcohol sections as well. He stated that the ordinance also fixes the language on the type of liquor license at the golf course. Councilmember Lucero moved that Council approve on first reading Ordinance No. 1227, Series 2017, approving an amendment to Cortez City Code Section 4-6, Outdoor Dining – Central Business District and Cortez City Code Section 18-1, Alcoholic Beverages – drinking in public generally and Cortez City Code Section 18-2, Possession of Open Containers of liquor, wine, or fermented wine beverages, and set the ordinance for public hearing on August 8, 2017. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes absent Yes Yes Yes Yes d. Resolution No. 15, Series 2017. City Manager Hale stated that Resolution No. 15, Series 2017, provides a waiver of building permit fees and a partial waiver of plant investment fees for the construction of the Bridge Emergency Shelter. He stated that Council supported the request from the Bridge Emergency Shelter presented at the last Council worksession and Resolution No. 15, Series 2017, stipulates that the City would waive $20,000 from building permit and water tap fees towards the construction of their new building. He stated that a letter of support for the project would be sent to the Bridge Shelter noting the waiving of the fees. Discussion was held on the permit/tap fees that the waiver would be applied towards. Councilmember Archibeque moved that Council approve Resolution No. 15, Series 2017, a resolution providing a waiver of building permit fees and a partial waiver of plant investment fees for the construction of the Bridge Emergency Shelter. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes absent Yes Yes Yes Yes e. Resolution No. 16, Series 2017. City Manager Hale stated that Resolution No. 16, Series 2017, implements an annual discount at City facilities to volunteer committee, commission, and board members, and certain volunteers. He stated that Council has discussed the options of offering discounts to City facilities to Commission members similar to what is offered to City employees. He stated that there are approximately 46 board members that could benefit from the discount. He CITY COUNCIL REGULAR MEETING JULY 25, 2017 PAGE 4 stated that Council had suggested at the last worksession that an annual certificate credit amount of $75 be offered towards a pass at the Recreation Center, outdoor pool, or golf course. He stated that the pass would be issued on January 1 of each year (beginning in 2018), would not have a monetary value, would be non-transferable, and limited to one per person. He stated that after Council discussed the proposal, staff had discussion on offering to City volunteers that work at the Welcome Center, Library, and Police Department as well. He stated that the qualified volunteers would be determined by the department head and approved by the City Manager. City Manager Hale noted that two different resolutions were included in the Council packet, one with the volunteers included in the resolution and the other without the volunteers included. Councilmember Miller moved that Council adopt Resolution No. 16, Series 2017, a resolution implementing an annual discount at City facilities to volunteer committee, commission and board members, and certain volunteers. 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 f. Resolution No. 17, Series 2017. Finance Director Moss stated that Resolution No. 17, Series 2017, authorizes the City Manager, Finance Director, or Accounting Clerk to negotiate investment transactions and wire transfers for the City of Cortez. She stated that currently the City Manager and Finance Director are authorized to invest funds on behalf of the City and in accordance with the City’s investment policy. She stated that timeliness and continuity are essential in the management of investments and, that while the Finance Director performs the task, it is wise and prudent to have another employee proficient in the investment of funds. City Manager Hale stated that having a second person from the Finance Department knowing the process is a good idea. Councilmember Lucero moved that Council approve Resolution No. 17, Series 2017, authorizing the City Manager, Finance Director, or Accounting Clerk to negotiate investment transactions and wire transfers for the City of Cortez. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes absent Yes Yes Yes Yes g. Ordinance No. 1228, Series 2017. City Attorney Green stated that Ordinance No. 1228, Series 2017, prohibits unauthorized entry onto the Cortez Municipal Golf Course and creates an offense of false reporting. He stated that there has been a problem with persons entering at different places around the exterior boundaries of the golf course. He stated that fences have been taken up and down and some of the folks entering onto the golf course have not been checking in with the Pro Shop prior to play. He commented that the golf course needs to limit the entrance points so it can be monitored who comes and goes. He stated that the second part of the ordinance is identifying an offense for false identify information given to a police officer. He spoke of a recent incident in which a person gave his brother’s name instead of his own when being charged and that the proposed ordinance would allow law enforcement to handle using a false name as a municipal offense as allowed by State Statute. In answer to a question from Mayor Sheek, City Attorney CITY COUNCIL REGULAR MEETING JULY 25, 2017 PAGE 5 Green stated that the golf course access is separate regulation from the false reporting regulation. In answer to a question from Councilmember Lucero, Director of Parks and Recreation Palmquist stated that two accesses are currently allowed, one by Joe Keesee’s home (on the north side of the course) and the other at the Pro Shop. City Manager Hale noted that homes located on the west side of the course have entry points from their property that have been historically used and that will not be changed. Councilmember Lucero asked what happened to the entry point that was being discussed by the Golf Advisory Board for the east side of the course and Director of Parks and Recreation Palmquist stated that at the present time there is not anything that came forth from property owners for access points on the east side; however, discussion is still open for an access should a property owner offer that. Joyce Humiston, 2145 Golf Course Lane, stated that a year ago a meeting was held with all the neighbors on the east side of the golf course to discuss access onto the course. She stated that it was noted at the meeting that a letter would be sent to all the neighbors regarding access; however to this date no letter has been received. She stated that it was noticed by a neighbor who read the newspaper that the City was going to pass an ordinance that would prohibit access to the golf course and the neighbors are quite alarmed. She stated that she is thankful for the beautiful golf course and noted that she chose to build her home near the course. She stated that people that live on the golf course have purchased golf carts and golf passes and are good neighbors to the golf course watching the happenings on the east side and turning people in that should not be on the course. She stated that Dean Palmquist gave her permission to leave her fence down so people could retrieve their balls from her back yard. She commented that she uses the access to come onto the course and drives down the service road that is used by the City employees to go to the pro shop. She stated that the City made a rule about dogs not being allowed at the golf course but dogs are there anyway and she asked why the City needs to make more rules when it makes more sense to sit down with the neighbors and work out the issue on the access. She noted that the newspaper said that people are complaining and she asked who was complaining and what are they complaining about. She asked that everyone work together to find a solution. A.J. Keesee, 1995 Golf Course Lane, stated that he has lived in his home for five years and recently was deeded a lot to the south of him that is a detention pond. He spoke about a berm he was building due to erosion on the south side of his home and stated that dirt was brought in to fix the berm which has now been completed. He stated that his fence is down and that he does not see any harm in entering the course from his home and noted that every home on the north side of the course, including his parents home, have an access onto the course and there have been no issues. He stated that people built homes by the course because they play golf and the neighbors are happy to watch over the golf course. He stated that his parents gave an access that is used by a lot of people and he would be happy to deed an area to the City that could be used for access onto the golf course and the golfers could use the current utility roads to get to the pro shop. He suggested that everyone sit down together and work out the issue rather than pass an ordinance prohibiting access. Bill Lewis, 1827 Golf Course Lane, stated the he doesn’t understand why the false reporting is in the same ordinance as the golf course regulations as it is misleading and should be two separate issues. He stated that over 20 homeowners attended the meeting that was held last year on the access issue and there was great discussion. He stated that it was agreed upon that everyone would be fine with one access onto the course on the east side. He stated that there were a lot of options CITY COUNCIL REGULAR MEETING JULY 25, 2017 PAGE 6 brought forth during the meeting and what really disturbed him is that he hasn’t heard anything since that meeting and now an ordinance is being reviewed on unauthorized entry to the course. He stated that he and his neighbors would like to work with the City on obtaining an entrance on the east side of the course. Paul Deshayes, 2623 Fairway Drive, stated that his home is located on the west side of the course and he has access onto the golf course the same as everyone else on the west side and is surprised to find out that those access points may not be allowed. He stated that the people that play golf know when to come onto the golf course and when not to and access is onto a service road that is already being used by City staff all the time. He stated that he sees a concern if people are just driving down the fairways and entering all over the place but that is not happening. City Manager Hale stated that the historical use of the west entrances onto the golf course are not in question. Mr. Deshayes stated that there are a lot of lots still available on the east side of the golf course that will be built on some day and most people that build on a golf course expect to have access and he feels it is heavy handed to present an ordinance taking away people’s passes if they enter the course unauthorized. City Attorney Green stated that the City Charter allows rules and regulations to be approved by the City Council for the Parks and Recreation Department and the golf course is considered part of the Parks and Recreation Department. He stated that the golf course is a Municipal Course and is for everyone to use and people cannot have access all over the golf course as it makes it difficult to keep control. He stated that the ordinance does not say there can’t be other accesses, it just says they must be approved by the City. He stated that if the neighbors have an access that they would like to suggest, then the City can look at that and see if it would work. City Manager Hale stated that when Golf Course Estates was developed the City said there would no access to the golf course from the lots. He stated that he agrees that an access needs to be given to the east however there are three concerns: one is that the access has to be a legal access and that the people that are taking down the City fence has to stop. He stated that everyone needs to come onto the course at the same place. He stated the second concern is liability and he noted that the City gets sued all the time and the path to the pro shop from the access needs to be a clear shot. He stated that the third concern is that people need to check in at the pro shop as the golf course is a business for the City. He stated that if there are neighbors that are willing to give access from their property, the City would like to visit with them and possibly a solution can be found. Tina Lewis, 1827 Golf Course Lane, stated that she loves the golf course and she just built a home on the course after living in Mancos for 32 years. She stated that she would like clarification on why the homes on the west side each have access to the course and the neighbors on the east just want one access and that can’t seem to be accomplished. City Manager Hale stated that if the west side development was a subdivision today it would be required that they only have one access onto the course; however, it is a historic use and the City is not restricting it. Ryan Maley, 1689 Golf Course Lane, spoke about insurance that could be obtained by homeowners to add their golf cart to their insurance policy and the City would not be responsible. He emphasized the only letter that the neighbors have ever received from the City was last year and that he has paid for a golf pass as well as the fee for his golf cart to be on the course. He stated that he built his dream home on the golf course and asked why the City doesn’t just sit down and talk CITY COUNCIL REGULAR MEETING JULY 25, 2017 PAGE 7 with all the homeowners and work out the situation. He asked that Council not pass the ordinance. City Manager Hale apologized to the neighbors and commented that he thought there was better communication going on and that the intent of the ordinance was not to be heavy handed. He recommended that Council strike Section 19-6, 1-4 (Rules and Regulations Generally Cortez Municipal Golf Course), from the ordinance and just approve Section 18-6 (False Reporting). He stated that once something is worked out for legal access to the east side of the golf course, something similar will be presented to Council on unauthorized entry onto the golf course. Director of Parks and Recreation Palmquist spoke about the easements that have been offered for the access; however, the accesses have not been easy to complete. He apologized for not following up with a letter to keep the neighbors informed on the access issue. Mayor Sheek noted that everyone is better informed of the issues and it seems the City and the neighbors want to work together on a solution. Council asked that the two items on the ordinance be separated and the false reporting ordinance be brought back as a separate issue and the golf course issue be tabled until staff has time to work out the access issue. Councilmember Lucero moved that Council table Ordinance No. 1228, Series 2017, prohibiting unauthorized entry onto the Cortez Municipal Golf Course and creating an offense of false reporting. Councilmember Miller seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes absent 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. Final Discussion on Downtown Medians. City Manager Hale stated that on Wednesday, July 26, 2017, the fourth and final open house will be held to allow people to review the downtown median project. He stated the meeting will be held at the Sunflower Theater at 8:00 a.m. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the workshop new Welcome Center employee Cyndy Michaels and volunteer Lisa Hackett were introduced and Director of Public Works Johnson reviewed the corridor safety improvements study that would be completed on several streets in the community. She stated that City Manager Hale spoke about the CML Conference he attended in June and shared information on the Best and Brightest Internship Program. Also, Council decided to contribute $200 to the Cortez Little League for travel to Thornton, Colorado for the State Tournament and noted the outstanding letter received from Jaris CITY COUNCIL REGULAR MEETING JULY 25, 2017 PAGE 8 McDonald asking for the contribution. b. Parks, Recreation, and Forestry Advisory Board Meeting. Councilmember Archibeque stated that a Parks, Recreation, and Forestry Advisory Board meeting was held on July 17, 2017, with discussion held on a sign that was recently installed on Lebanon Road that can be read in both directions noting the location of the Geer Natural Area and Carpenter Trail. He stated that the Montezuma Inspire Coalition grant proposal is due July 26, 2017, and noted that 19 communities have applied for the grant. He stated that four new bike racks will be installed soon throughout the community and the Centennial Park bathroom is now open. He noted that the pickle ball courts are out to bid and due August 1, 2017, and the project is projected to be completed by October 1, 2017. He stated that the Recreation Center locker room floors will be completed on first of October and discussion was held on the use of the old high school site as a future park. c. Mesa Verde Country Board Meeting. Councilmember McLaughlin stated that a quorum was not in attendance at the meeting (July 18, 2017) so no business was conducted; however, discussion was held on whether it is a benefit or not to be a member of the Grand Circle and discussion was held on the recently launched Ancient Voices podcast (3 different places). She stated that work continues on the website and has begun on the 2018 Vacation Planner. Discussion was held on having a Council alternate appointed to the board if a Councilmember can’t make it; however, it was unclear if the Mesa Verde Country bylaws allow an alternate. Councilmember McLaughlin stated that Hilldale College has a research statistics class that Mesa Verde Country may use to complete some surveys on different visitation information. Mayor Sheek stated that discussion was also held on working with the Cortez Cultural Center on developing some agri-tourism tours. City Manager Hale stated that through last month, Lodger’s Tax is up 25%. d. Cortez Cultural Center Meeting. Councilmember Miller stated that the board began the meeting in the plaza and a list was made on what can be done to improve the area. He stated that the Center is not in the red thanks to the Birding Festival, gift shop, and dues and donations. He stated that the Native American Dances have been bringing in approximately 50 people to each dance which have been held six days a week at 7:00 p.m., through September 2, 2017. He stated that on September 16, 2017, there will be a Chili Cook-off. He stated that discussion was also held on vandalism that is occurring in the Hawkins Preserve. f. Comedy Festival. Councilmember Carlson noted that the First Annual Comedy Festival will be held at the Sunflower Theater on August 4 and 5, 2017, and 13 touring professional comics will be coming to Cortez for the festival. She stated that tickets are on sale now and they are hoping to donate 100% of the proceeds to Four Corners for Life, a non-profit through Onward. City Manager Hale noted that because the City is a sponsor, they receive two tickets to the show for each night and thanks to a suggestion from Manager of Marketing and Events Brooks, the City is offering any City employee that donates a canned food item, to receive a chance at the drawing for two tickets for one of the nights. He stated that the other two tickets will be drawn from the public donation of can goods which will be donated to the Good Samaritan Center. He stated that the same program is also being supported for an employee and the public to receive tickets to ride two balloons at the Balloon Rally. The regular meeting was adjourned at 9:08 p.m. CITY COUNCIL REGULAR MEETING JULY 25, 2017 PAGE 9 ________________________________ Karen W. Sheek, Mayor ATTEST: ________________________________ Linda L. Smith, City Clerk