City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 26, 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 Finance Kathi Moss, Director of Planning and Building Sam Proffer, City Planner Tracie Hughes, Associate Planner Neva Connolly, Director of General Services Rick Smith, Director of Public Works Phil Johnson, Police Chief Roy Lane, City Clerk Linda Smith, City Manager Shane Hale, and City Attorney Mike Green. There were five 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 September 12, 2017. b. Approval of the payment of the Expenditure Vouchers of September 26, 2017. c. Approval of a renewal, Hotel and Restaurant Liquor License for Loungin’ Lizard Inc., DBA Loungin’ Lizard, located at 2-4 West Main Street, Cortez. d. Approval of a Special Event Permit for the Cortez Area Chamber of Commerce to host a Business After Hours Event on September 28, 2017, from 12:00 p.m. to 10:00 p.m., at 24 Hour Power House, located at 2232 East Main Street, Cortez. Councilmember Lucero moved that Council approve the Consent Agenda, with the additional expenditure list totaling $99,020.33. 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 3. PRESENTATION – None. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS a. Resolution No. 19, Series 2017. Associate Planner Connolly stated that Resolution No. 19, Series 2017, approves the Final Plat of the Cedar Street Subdivision, Amended Tract B of the Seventh Street Minor Subdivision. She stated that property owner Alan Simonian has applied to subdivide property located at the northwest corner of Cedar Street and 7th Street. She stated that the proposal is to create a 2-lot subdivision with Lot B-1 at 8,108 square feet in size and Lot B-2 at 8,524 square feet in size. She stated that each lot is developed with a duplex and no new development is proposed. She stated that the property is zoned Residential Multi-family (R-2). She CITY COUNCIL REGULAR MEETING SEPTEMBER 26, 2017 PAGE 2 stated that typically the proposal would be processed as a minor subdivision because it is less than four lots and has access off of two streets; however, the parcel was previously part of a minor subdivision, and the process cannot be repeated. She stated that the Final Plat was approved by Planning and Zoning on September 5, 2017, with the recommendation that a maintenance agreement for the shared driveway be completed. She noted that staff feels the driveway issue has been addressed in the technical report under the GIS Coordinator comments. Associate Planner Connolly stated that the plat has been reviewed by the appropriate agencies and no comments were received. She stated that staff recommends approval of the Final Plat through Resolution No. 19, Series 2017. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Archibeque moved that Council approve Resolution No. 19, Series 2017, approving the Final Plat of the Cedar Street Subdivision, Amended Tract B of the Seventh Street Minor Subdivision, with one condition. 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 b. Resolution No. 20, Series 2017. City Planner Hughes stated that Resolution No. 20, Series 2017, approves a Preliminary Plat of the Subdivision of Block 4, Lot 1, Montezuma County Public Facilities P.U.D. She stated that the property is City owned and the proposal is to subdivide Block 4, Lot 1 into two lots, Lot 1A is proposed to be 1.11 acres in size and is located on the western portion of the parcel and Lot 1B is one acre in size and is located on the east side of the parcel. She stated that the property is located to the northwest of the intersection of Driscoll Street and Mildred Road and the purpose for the subdivision is for economic development. She stated that the lots are adequate size and future development of the lots would require purchase of water and sewer taps. She stated that one of the conditions is to add a drainage easement to Lot B to let drainage flow from Lot A to the drainage area that flows north on Lot B. She stated that the City could require a cash-in-lieu fee; however, the fee can be waived as it would be the City paying the City for the fee. She stated that Planning and Zoning recommended approval of the subdivision at their meeting on September 5, 2017. 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. 20, Series 2017, approving the Preliminary Plat of the Subdivision of Block 4, Lot 1, Montezuma County Public Facilities P.U.D., with three conditions. 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 c. Change in Premises for KSJD. City Attorney Green stated that a Change in Premises application was received from Community Radio Project, Inc., DBA KSJD, located at 2-8 East Main Street. He stated that the proposal is for the premises to be located on the sidewalk, rather than in the street, and reference was made to the proposed layout in the Council packet. He stated that staff would request that the Mayor be authorized to sign the revised Outdoor Dining Agreement and the Encroachment CITY COUNCIL REGULAR MEETING SEPTEMBER 26, 2017 PAGE 3 Permit for the new proposal. He stated that staff has reviewed the proposal with the applicants on site and recommends approval of the Change in Premises. In answer to a question from Councilmember McLaughlin, City Manager Hale stated that KSJD has asked the City to complete the Concrete Cost-Share Program to extend the sidewalk on Market Street. He reviewed the current situation with the sidewalk which has a jog in it. He noted that if the sidewalk is extended out to match the rest of the sidewalk, the parking area would reduce two spaces for motorcycle parking and/or a compact car and the far south parking space will be eliminated due to the problem of cars backing into the crosswalk. City Manager Hale stated that originally staff had communicated with Mr. Pope that no parking spaces would be eliminated; however, after further review by staff and on- site measurements has made the parking situation different than was originally communicated. Councilmember McLaughlin asked about the pedestrian area which is estimated to remain at least five feet wide. City Attorney Green explained that the Encroachment Permit would allow the public thoroughfare to be used for the purpose of transporting alcohol beverages between the licensed areas. Discussion was held on how the licensed premises would be enclosed. Jeff Pope, Executive Director for KSJD, stated that the current premises circles the building from corner to corner and KSJD would like to maintain that premises; however, the change would be on the Market Street side where a portion of the licensed premises is against the building. He stated that the new request is for the premises change to the layout on Market Street. He stated that there are no plans to use the area around the building, but since it is already approved, KSJD would like to keep the plan for future possibilities. He explained how the walkway would work for pedestrians on Market Street; however, after discussion with Council, Mr. Pope withdrew the request for the entire premises to be licensed. Mr. Pope explained the reasoning for requesting the premises to be moved next to the parking spaces on Market Street noting that the area next to the stone brick wall can become extremely hot in the summer months. He noted that the space may be used by others, such as people eating ice cream from Moose and More, when the premises is not used by the Sunflower Theater. Mr. Pope spoke about the purchase of the building in 2009 and the rehabilitation of the historic building and commented that KSJD is proud to be part of the economic development scene. Mayor Sheek complimented KSJD for listening to their neighbors and coming up with a plan different from the parklet idea. Mayor Sheek opened the public hearing. Lana Waters, 16415 Road 21.4, stated that she was opposed to the parklet in the street and she feels that drinking on the sidewalk is not quite as dangerous due to the curb. In answer to a question from Ms. Waters, City Manager Hale stated that KSJD already has an Outdoor Dining Agreement with the City for their premises and the change is for the Market Street area. Ms. Waters stated that there are a lot of unknowns with the license and she would like more answers before the proposal is approved. She noted that the public notice in the paper did not include the date of September 26, 2017. The date was confirmed to be missing from the public notice and it was recommended that the hearing be tabled so the notice could be re-advertised in the newspaper. Ms. Waters stated her concern with the loss of parking spaces with the proposal and Director of Public Works Johnson confirmed that the parking space closest to the crosswalk would be taken out regardless if the proposal is approved or not due to safety concerns. Discussion was held on parking in the downtown area and Director of Public Works Johnson stated that a Corridor Wide Safety Study was recently completed by the Colorado Department of Transportation (CDOT) and several parking concerns were raised through the study. He stated that parking in the downtown area will be revised to the safety standards. CITY COUNCIL REGULAR MEETING SEPTEMBER 26, 2017 PAGE 4 David Waters, 16415 Road 21.4, stated that he and his wife own property at 34 and 40 East Main Street. He asked if there is anyway that the parking spaces can be painted a different way so spaces will not be lost and Director of Public Works Johnson stated that the spaces cannot be painted differently. City Manager Hale stated that the City is looking at different ways to use the smaller spaces such as for motorcycles or compact car parking only. In answer to a question from Mayor Sheek, City Manager Hale stated that the Central Business District has 838 spaces, which includes the overflow parking lot. Mr. Markum, 14680 Road 18, stated that he is opposed to losing parking spaces in the downtown area and is very concerned about the median project that is proposed for the City. No one else spoke and Mayor Sheek closed the public hearing. Councilmember Carlson moved that Council table the Change in Premises request for Community Radio Project, DBA KSJD. 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 d. Ordinance No. 1230, Series 2017. City Attorney Green stated that Ordinance No. 1230, Series 2017, prohibits the occupation of recreation vehicles or park trailers on private property and City property amending Ordinance No. 1179, Series 2013. He stated that a mistake was made in the verbiage of the regulation with the word or inserted instead of the word and. He stated that the current regulations would not allow a recreational vehicle to be parked on the street and the intent of the ordinance adopted in 2013 was to regulate people living in a recreation vehicle. Councilmember Miller stated that the change makes sense but he feels the police should be enforcing the regulation. Chief of Police Lane stated that the police enforce the regulation which is mostly complaint driven. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember McLaughlin moved that Council approve Ordinance No. 1230, Series 2017, prohibiting the occupation of recreation vehicles or park trailers on private property and City property. 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. Resolution No. 14, Series 2017. Director of Public Works Johnson stated that Resolution No. 14, Series 2017, approves two-hour parking on Veach Street. He stated that the owner of Shiloh Steakhouse (Mark Rodgers) has requested that the two-hour parking be designated from Main Street to the alley affecting thirteen on-street parking spaces on the west and nine on-street parking spaces on the east. He stated that the request is due to the increased traffic from the Beacon LivWell marijuana business which is located across the street from Shiloh Steakhouse. He stated that the Police Department has an enforcement officer that works Monday through Friday from 8:00 a.m. to 5:00 p.m. and the two-hour parking will be designated as such for those hours. He stated that he has CITY COUNCIL REGULAR MEETING SEPTEMBER 26, 2017 PAGE 5 spoke with the Manager at Beacon/LivWell and with Mr. Rodgers about the proposed change to the on-street parking area. He stated that staff recommends approval of Resolution No. 14, Series 2017. Councilmember Lucero moved that Council approve Resolution No. 14, Series 2017, approving two-hour parking on Veach Street from Main Street south to the alley from 8:00 a.m. to 5:00 p.m., Monday through Friday. 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. 2017 US 160 Cortez Gateway Monument Project Bid. Director of Public Works Johnson stated that as part of the Heart and Soul Project several years ago, the City of Cortez adopted a Master Beautification Plan to enhance the aesthetic qualities of the landscape in the City of Cortez. He stated that the City has obtained two parcels of property – one on South Broadway across from the Johnson Building (recently obtained from the Fire Department), and one on North Broadway, just south of Empire Street (recently obtained from Bill Teetzel) for two new gateway signs. He stated that the Public Works Engineering Division prepared a project packet using conceptual drawings that were completed by Russell Planning and Engineering in 2013. He stated that two bids were received and The Stone and Paver Company was low bidder for the project with a bid of $43,900. In answer to a question from Councilmember Lucero, City Manager Hale stated that the landscaping around the two signs would be completed by the City’s Parks and Recreation Department. He stated that a bid for the wording on the signs has been received from Reflections in Metal and the pot for the base of the sign will be discussed with the Arts Committee. Council reviewed the proposed finished picture of the sign that was included in the packet and it was noted that the trees will not block the sign. Councilmember Archibeque moved that Council award the 2017 US 160 Cortez Gateway Monument Project Bid to The Stone and Paver Company at the bid price of $43,900. Councilmember Miller seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes Yes Yes c. Fiber Expansion Change Order No. 1. Director of General Services Smith stated that earlier this year the City completed the first segment of the fiber expansion for the DOLA grant. He stated that the first segment constructed fiber from the City Service Center to Empire Electric. He stated that the project included additional routes for the remainder of the grant. He stated that the change order will construct segments two through seven of the network and will include both underground and aerial construction. He stated that the City provides all the materials for the network construction. He stated that Dakdrilling was awarded segment one for construction and the change order would be an extension to the original contract. He stated that the cost for the change order is estimated at $340,548.60. He stated that the Dakdrilling did a good job constructing segment one and staff recommends approval. Mayor Pro-tem Keel moved that Council award Change Order No. 1 to Dakdrilling in the amount of $340,548.60 and authorize the City Manager to sign the change order. Councilmember Carlson CITY COUNCIL REGULAR MEETING SEPTEMBER 26, 2017 PAGE 6 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. 1231, Series 2017. Director of Finance Moss stated that Ordinance 1231, Series 2017, repeals and replaces Chapter 9, Article II, Section 9-7 of the City of Cortez regarding Sales and Use Tax. She stated that in 2014 the Colorado General Assembly adopted SJR 14-038 urging the Colorado Municipal League (CML) to develop uniform definitions for sales and use tax codes for home rule municipalities. She stated that the definitions were last adopted in 1992 and a lot of things have changed since that time. She stated that the major concern heard from most out-of- town vendors is the process is complicated to file sales tax returns due to the many different forms used by the communities. She stated that the changes would make it easier for vendors to file and the intent still meets the City’s current definitions without hindering or causing future taxation. She stated that approximately 9 ½% of sales tax collected is from out-of-town vendors. City Manager Hale commented that it helps business that are in different towns in the State to have the same definitions for taxable items. Mayor Pro-tem Keel moved that Council approve on first reading Ordinance No. 1231, Series 2017, repealing Chapter 9, Article II, Section 9-7, Official Code of the City Regarding Sales and Use Tax, and set for public hearing on October 10, 2017. 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 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. 10. ADDITIONAL CITIZEN PARTICIPATION a. Medians on Main Street. Mr. Markum, 14680 Road 18, spoke to Council about his concerns on the proposed medians for Main Street and commented that an outreach program is needed by the City so that people know what is going on with the project. He stated that most people are not in support of the street being narrowed for the medians and stated his concern for cars parking on Main Street and how close the parking is to the moving vehicles. Discussion was held on the various meetings that were held to receive public input on the project prior to Council’s approval and it was noted that four more meetings were held following the approval to answer any questions the public may have on the project. City Manager Hale stated that City staff would post the median project information on the City’s website. Councilmember Miller pointed out that the lanes downtown will not be narrowed and City Manager Hale clarified that the lanes that will be narrowed are east of the downtown area. Mr. Markum was encouraged to speak with City staff about the project for more clarification. 11. CITY ATTORNEY’S REPORT – None. CITY COUNCIL REGULAR MEETING SEPTEMBER 26, 2017 PAGE 7 12. CITY MANAGER’S REPORT a. Human Resources Director Position. City Manager Hale stated that Matt Cashner has been hired as the new Human Resources Director. He stated that Mr. Cashner is a Sergeant with the Cortez Police Department and will begin his new position on October 23, 2017. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the workshop a presentation was made on the School District Bond Issue which will be on the November ballot and Kelly Kirkpatrick gave an overview of the successes of Mesa Verde Country. She stated that discussion was held on snowbird water/trash bills and information was shared on the change order for the fiber project. She stated that the Golf Course Superintendent position was also discussed. She stated that the week of September 24, 2017, is National Banned Books Week, which began in 1982 due to some books being challenged in Public Libraries. She spoke about past banned books and noted that Bill Cosby books are on the list this year. b. Mesa Verde Country. Councilmember McLaughlin stated that Kelly Kirkpatrick from Mesa Verde Country gave a presentation on the proposed budget and Mayor Sheek spoke to the group on the Recreation Center sales tax extension at the Mesa Verde Country meeting held on September 19, 2017. She stated that discussion was held on encouraging better attendance by boardmembers at the meetings and a report was given on magazines that have featured Mesa Verde Country in them. She noted that Ms. Kirkpatrick and Candace Brantner have done a great job increasing tourism in the area. c. Parks, Recreation, and Forestry Advisory Board. Councilmember Archibeque stated that discussion at the Parks, Recreation, and Forestry Advisory Board included an update by boardmember Mike Levy on a meeting he attending in Durango titled Colorado Outdoor Stewardship Coalition. He stated that discussion was also held on horses using Geer Natural Area and future capital projects for years 2018/2019. d. Cortez Cultural Center. Councilmember Miller stated that he was unable to attend the meeting but received information that new displays are up at the Cortez Cultural Center and everything is running smoothly. e. In Her Shoes Pageant to Support Renew. Councilmember Carlson stated that Renew is sponsoring “In Her Shoes Pageant” on October 7, 2017. She stated that tickets are still available for the fundraiser. The regular meeting was adjourned at 9:20 p.m. ________________________________ Karen W. Sheek, Mayor CITY COUNCIL REGULAR MEETING SEPTEMBER 26, 2017 PAGE 8 ATTEST: ________________________________ Linda L. Smith, City Clerk