City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 12, 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, Mayor Pro-tem Ty Keel, Bob Archibeque, Jill Carlson, Orly Lucero, Shawna McLaughlin, and Tim Miller. Staff members present were Director of Planning and Building Sam Proffer, Associate Planner Neva Connolly, Director of General Services Rick Smith, Police Chief Roy Lane, City Clerk Linda Smith, City Manager Shane Hale, and City Attorney Mike Green. There were ten people in the audience. Mayor Sheek acknowledged the hurricanes that have recently struck Texas and Florida and noted that prayers and best wishes are sent to those that are dealing with the aftermath. She also recognized that this is the sixteenth year since 9/11 and remembrance for the people impacted by the event continues. 2. The Consent Agenda items acted upon by Council were as follows: a. Approval of the Worksession and Regular Meeting Minutes of August 22, 2017. b. Approval of the payment of the Expenditure Vouchers of September 12, 2017. c. Approval of a renewal Tavern Liquor License for Cortez Conference Center LLC, DBA Destination Grill, located at 2121 East Main Street, Cortez. d. Approval of a renewal Tavern Liquor License for Purple Sage Rib Company and Saloon LLC, DBA Purple Sage Rib Company, located at 2591 East Main Street, Cortez. e. Approval of a renewal Brew Pub Liquor License for Wildedge Brewing Collective LLC, DBA Wildedge Brewing Collective, located at 111 North Market Street, Cortez. f. Approval of a Special Event Permit for Cortez Referal Source to host a Meet and Greet on Wednesday, September 20, 2017, from 4:00 p.m. to 7:00 p.m., at XTROV Realty, located at 444 East Montezuma Avenue, Cortez. g. Approval of a Special Event Permit for Southwest Memorial Hospital Foundation to host the Ride of the Ancients event on Sunday, October 8, 2017, from 6:00 a.m. to 6:00 p.m., at the Parque de Vida Pavilion located at 425 Roger Smith Avenue, Cortez. h. Approval of a Special Event Permit for the Cortez Area Chamber of Commerce to host a Business After Hours at Ertel Funeral Home, located at 42 North Market Street, on Thursday, September 14, 2017, from 12:00 p.m. to 10:00 p.m. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure list totaling $43,630.l5. Councilmember Lucero seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING SEPTEMBER 12, 2017 PAGE 2 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. Resolution No. 18, Series 2017. Associate Planner Connolly stated that Resolution No. 18, Series 2017, approves the Teetzel Two-Lot Minor Subdivision located at 610 and 614 North Broadway/North Highway 491. She stated that the proposed subdivision will create Lot A (6,803 square feet) located on the northern portion of the property, and combine the remainder of the parcel located at 614 North Broadway with the parcel located on 610 North Broadway as Lot B (21,945 square feet) located on the southern portion of the property. She stated that the City intends to purchase Lot A from the owners for the purpose of locating a City gateway sign on site. She stated that the gateway signage was identified through the Heart and Soul process and Lot A is an ideal location for a sign visible to southbound traffic on Highway 491. She stated that Lot A will be accessed off of MacArthur Avenue via the alley located to the east of the parcel. She stated that access to Lot A will be limited to a construction period and necessary maintenance. She noted that Lot B, vacant with the exception of a building slated for demolition, will be accessed off of MacArthur Avenue. She reviewed the conditions of approval for a minor subdivision through Land Use Code Section 6.11(a) and noted that staff recommends approval through Resolution No. 18, Series 2017, with four conditions. Mayor Sheek opened the public hearing. Bill Teetzel stated that the City has been working on the gateway signs into Cortez for a while and assured Council that the property next to the gateway sign will be developed with something that will fit with the entryway. No one else spoke and the hearing was closed. Councilmember Archibeque moved that Council approve Resolution No. 18, Series 2017, approving the Teetzel Two-Lot Minor Subdivision, located on North Broadway, with four conditions, and authorize the Mayor to sign the plat. 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 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Empire Electric Pole Attachment Agreement. Councilmembers Lucero and McLaughlin excused themselves from the discussion and vote due to a possible conflict-of-interest. Director of General Services Smith stated that in 2016 the City entered into a Pole Attachment Agreement with Empire Electric to install fiber optic lines on Empire’s electrical poles. He stated that the City recently requested to attach to Empire poles along East Main Street and by the Golf Pro Shop and upon making the application Empire informed the City that a new Pole Attachment Agreement needed to CITY COUNCIL REGULAR MEETING SEPTEMBER 12, 2017 PAGE 3 be executed. He stated that the new agreement increases the yearly pole fee from $11.72 per pole per year to $14.10 ($2.38 increase). He stated that the permit fee of $25 per pole remains the same and the cost for the poles is on a pole by pole basis. In answer to a question from Mayor Pro-tem Keel, Director of General Services Smith explained that the $25 per pole fee for is for the engineering costs for attachment to the Empire poles and is only paid one time. He stated that Empire Electric has said that the yearly pole fee will be charged to all providers that are attached to the poles and the agreement is in compliance with the Colorado PUC. In answer to a question from Mayor Pro-tem Keel, Director of General Services Smith stated that Empire Electric is a Co-op and the fee is associated with their cost of doing business. Discussion was held on the cost of replacing poles that may be out of compliance. Councilmember Carlson moved that Council approve the new Pole Attachment Agreement with Empire Electric. Councilmember Miller seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes * * Yes Yes *Councilmembers Lucero and McLaughlin excused themselves from the discussion and vote due to a possible conflict-of-interest. b. Ordinance No. 1230, Series 2017. City Attorney Green stated that Ordinance No. 1230, Series 2017, amends Ordinance No. 1179, Series 2013, which prohibits the occupation of recreation vehicles or park trailers on private property and City property. He stated that the ordinance is correcting an ordinance that was enacted in 2013 and was intended to regulate people living in their RV’s on private and public property. He stated that the first sentence of the ordinance would be changed from or to the word and. Discussion was held on the enforcement of the current ordinance and it was noted that a person could not allow occupancy of their RV for more than 30 days a year on their property. Chief of Police Lane stated that the original problem which initiated Ordinance No. 1179, Series 2013, was because citizens were adding porches and making their RV’s more permanent with people living in them year round. He stated that the City was not trying to eliminate people from parking their vacant RV’s in the street. In answer to a question from Councilmember Miller, Chief of Police Lane stated that there have been a few calls regarding people parking their RV’s on the street. Discussion was held on how to deal with boats also parked on the street and it was noted that vehicles that are not currently licensed and parked on the City street can be tagged requesting removal. In answer to a question from Councilmember Miller, City Attorney Green stated that the enforcement of people living in their RV’s is complaint driven and noted that the Police are not driving around determining how long someone is living in an RV for an extended period of time. Karen Bauer, 415 Colorado, stated that she is urging Council to be good stewards and not allow RV’s to be parked on the public street for long term. She stated that she understands people parking their trailers by their home for a short period of time, such as preparing and unloading their trailer, but she feels the people parking their campers in front of their property for long term is not in the best interest of the community. She stated that she understands the Police don’t have time to drive around and ticket the trailers on the street, but the enforcement could be done the same as is being done for people living in an RV by having the issue be complaint driven. She stated that CITY COUNCIL REGULAR MEETING SEPTEMBER 12, 2017 PAGE 4 people are not paying rent for their RV to be parked on the street and noted if it is allowed more people will park their trailers on the street and it will become more a problem as well as an eye sore for the community. Gary Croke, 431 Colorado Street, stated that he moved into the City limits a couple years ago and built an area in his yard for the storage of his camper as he saw the City ordinance did not allow parking of his RV on the City street. He stated that the City continues to beautify the City and why would they allow RV’s to stay on the City streets long term. He stated that once it is made public that the City is allowing RV’s on the street, then everyone will do it and the City will become trashy. Discussion was held on people being able to afford a place to park their RV’s and Ms. Bauer noted that if someone can buy a camper or boat, they should be able to have a place to park them. Mayor Sheek stated that she is concerned on making a choice of what is parked on the street and noted that Cortez is a very diverse community that has different needs and it is a hard balance. City Manager Hale stated that he spoke with the Durango City Manager and he had said there are different zones in the City for maintenance/snow plowing reasons they don’t allow parking in certain areas. He stated that Durango does not enforce regulations on RV’s parking on City streets. Council discussed the issues of RV’s parking on the street which may narrow the traveling part of the street. City Manager Hale explained that the City plows snow down the center of the street due to the vehicles that are parked on the street and the street sweeper goes around the vehicles. Bill Teetzel stated that by allowing RV’s to park on City streets it implies a subsidy by the City as a person would not to pay to park their RV at a storage place or place the RV in their yards. In answer to a question from Councilmember Carlson, City Attorney Green clarified the title (heading) and the text which would say and instead of or. Councilmember Lucero moved that Council approve on first reading Ordinance No. 1230, Series 2017, amending Ordinance No. 1179, Series 2013, an ordinance prohibiting the occupation of recreational vehicles or park trailers on private property and City property, and set for public hearing on September 26, 2017. 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 c. Resolution No. 21, Series 2017. City Manager Hale stated that Resolution No. 21, Series 2017, authorizes the City of Cortez Finance Director to amend the current demand deposit account for Library Amazon.com Funds to Cortez Public Library for the purpose of receiving E-Rate funds. He stated that the resolution was added to the agenda at the last minute as the notice of how this issue could be handled was recently suggested by Terri Storm, the City’s E-Rate Consultant. He stated that the City has experienced difficulty in receiving E-Rate funds for the Library’s internet service and Ms. Storm has been working to obtain reimbursement for previous years and suggested that the City use an ACH deposit rather than be reimbursed by check. He stated in order to proceed with the ACH deposits, the Cortez Public Library must have a checking account in their name and that currently the Cortez Public Library has a checking account that was opened many years ago for the purpose of receiving revenue from the sale of outdated/unused materials; however, that account has not been used by the Library for some time. He stated that the account could be re-named City of Cortez – Cortez Public Library and be used for the reimbursement of the E-Rate funds. He stated that the account would need new signature cards with current signers including Library Director Eric Ikenouye. In answer to a question from Mayor Sheek, City Manager Hale stated that money CITY COUNCIL REGULAR MEETING SEPTEMBER 12, 2017 PAGE 5 owed to the City for the E-Rate funds dates back to 2010. Mayor Pro-tem Keel moved that Council approve Resolution No. 21, Series 2017, authorizing the City of Cortez Finance Director to amend the current Demand Deposit Account for Library Amazon.com Funds to Cortez Public Library for the purpose of receiving E-Rate funds. 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 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. Human Resources Director Position. City Manager Hale stated that the City received five internal applicants and ten external applicants for the Human Resources Director position and interviews will be held in the coming weeks. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the workshop discussion was held on placing information on the City’s web site on how people could contribute to the Hurricane Harvey/Irma Relief as well a local entities that people may want to offer support. She stated that discussion was also held on RV’s parking on City streets and Council held two executive sessions, one 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) and second to discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. Section 24-6-402(4)(a). b. Golf Advisory Board. Mayor Pro-tem Keel stated that revenues are up at the golf course and discussion continues with the neighbors on access to the golf course. City Manager Hale stated that the next meeting with the neighborhood will be held on Thursday, September 14, 2017, 5:30 p.m., at City Hall. He stated that discussion continues on access for the neighbors to the golf course and Council will be updated on the outcome of the meeting. He stated that Keenan Lovett will be mediating the meeting and hopefully a solution can be found. c. Montezuma Community Economic Development Association (MCEDA). Councilmember Miller stated that discussion at the MCEDA meeting included the broadband project in the County and deferred maintenance at the National Parks and what would happen should the road to Mesa Verde become unpassable. Jodee Powers, new Executive Director of MCEDA, spoke about CITY COUNCIL REGULAR MEETING SEPTEMBER 12, 2017 PAGE 6 positive things that are happening in the area and new ideas to increase membership with MCEDA. d. Library Information. Mayor Sheek stated that Thursday, September 14, 2017, 7:00 p.m., a documentary will be held at the Sunflower Theater titled ‘The Mask You Live In.’ She noted that people should sign up on-line if interested in attending. e. Last 3rd Thursday Event. Mayor Sheek stated that the last 3rd Thursday event will be held on September 21, 2017, at Montezuma Park and Dr. Bob Heyl will be recognized at the event for his contributions to the community. She noted that Dr. Heyl will be retiring on October 31, 2017. The regular meeting was adjourned at 8:35 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ________________________________ Linda L. Smith, City Clerk