City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 9, 2018 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, Jill Carlson, Orly Lucero, and Shawna McLaughlin. Councilmember Bob Archibeque was absent. Staff members present were Director of General Services Rick Smith, Director of Public Works Phil Johnson, Associate Planner Neva Connolly, Director of Parks and Recreation Dean Palmquist, Police Chief Roy Lane, City Clerk Linda Smith, City Manager Shane Hale, and City Attorney Mike Green. There were 26 people in the audience. Mayor Sheek opened the Council meeting with a brief acknowledgement that Councilmember Tim Miller passed away in December and he will be missed. Mayor Sheek noted that Tim’s service would be held in the City Council Chambers on January 27, 2018, at 3:00 p.m., if anyone would like to attend. 2. The Consent Agenda items acted upon by Council were as follows: a. Approval of the Worksession and Regular Meeting Minutes of December 12, 2017. b. Approval of the payment of the Expenditure Vouchers of January 9, 2018. c. Approval of a renewal Beer and Wine Liquor License for Hong Kong Chinese Restaurant Inc., DBA Hong Kong Chinese Restaurant, located at 332 West Main Street, Cortez. d. Approval of a renewal Retail Marijuana Store/Retail Marijuana Cultivation Facility for David Krzysztofiak LLC, DBA The Herbal Alternative, located at 1531 Lebanon Road, Cortez. e. Approval of a renewal Retail Marijuana Store for Green Kiwi 4, LLC, DBA LivWell, located at 1819 East Main Street, Cortez. f. Approval of a Transfer of Ownership of a Hotel and Restaurant Liquor License from DE Management LLC to Rodgers Inc., DBA Shiloh Steakhouse, located at 5 Veach Street, Cortez. Councilmember Lucero moved that Council approve the Consent Agenda with the additional expenditure list totaling $89,148.88. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek absent Yes Yes Yes Yes Yes 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION CITY COUNCIL REGULAR MEETING JANUARY 9, 2018 PAGE 2 a. Streetlight Installation. Lana Waters asked if the audience would be able to speak on the streetlight installation which is a ‘New Business’ item. Council agreed that they would take public comment during discussion on the agenda item. 5. PUBLIC HEARINGS a. Ordinance No. 1233, Series 2017. Associate Planner Connolly stated that Ordinance No. 1233, Series 2017, approves the rezoning of Lots 1-5 and the West 17.2’ of Lot 6 of Cornett’s Subdivision, from Multi-family Residential (R-2) to Neighborhood Business (NB) zone. She stated that Chris and Laurie Hutton, applicants and owners of the property addressed as 1002 East Mildred, have applied to rezone the same property from Multi-family Residential to Neighborhood Business. She stated that the property is 0.39 acres in size and is vacant. She stated that the applicants are seeking to open a small coffee shop and farmers market on the property. She stated that the current Land Use Code does not allow restaurants or markets in the R-2 zone; however, the use would be allowed in Neighborhood Business as “neighborhood commercial,” defined in the Land Use Code as “retail establishments primarily serving residents within the immediate neighborhood, oriented and designed toward pedestrian traffic such as bakeries, florists, drugstores and stationary stores.” She stated that the surrounding uses in the vicinity of the proposed rezoning are a mix of residential and non-residential with the park to the south, Osprey Headquarters and County Courts to the west, and residential homes to the east and north. She stated that the land does not appear to have been zoned in error but noted that there has been several changes in the area with new development. She reviewed specific goals and policies from the Comprehensive Plan that the rezoning may accomplish. She spoke about the traffic in the area and noted that Empire and Mildred Road is a congested area at times. She stated that the proposed commercial use seems to be compatible with the neighborhood and the applicants would provide landscaping for the property and the parking area will be located to the west and south away from the residents. She stated that the proposed zoning change to Neighborhood Business would constitute ‘spot zoning’ as the surrounding zoning districts include Open, Multi-family Residential and PUD; however, City Attorney Green noted that it is not considered ‘spot zoning’ as it is an evolution of what is happening with growth in the area. Associate Planner Connolly stated that comments received from the utility providers and affected agencies would be dealt with during the site plan review of the project if it moves forward. She stated that Planning and Zoning reviewed the application on November 7, 2017, and recommended approval. In answer to a question from Councilmember Carlson, Associate Planner Connolly stated that the public hearing was published in the Cortez Journal and announcements were mailed to adjacent property owners within 300-feet of the subject property. She stated that one neighbor (708 North Mildred) had called to say he supported the proposal. She noted that no other calls or comments were received. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. The applicants were present in the audience but did not have any additional comments to make. Councilmember Lucero moved that Council approve Ordinance No. 1233, Series 2017, approving the rezoning of Lots 1-5 and the West 17.2’ of Lot 6 of Cornett’s Subdivision, addressed as 1002 East Empire Street, from Multi-family Residential (R-2) to Neighborhood Business (NB) zone. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING JANUARY 9, 2018 PAGE 3 Archibeque Carlson Keel Lucero McLaughlin Sheek absent Yes Yes Yes Yes Yes b. Resolution No. 1, Series 2018. Associate Planner Connolly stated that Resolution No. 1, Series 2018, approves a Conditional Use Permit to allow for the establishment of a food distribution site at 20 North Beech Street. She stated that Laurie Hall, representing Southwest Farm Fresh Cooperative and the Good Samaritan Center, has applied to operate a food pantry and food distribution center at 20 North Beech Street. She stated that the property is 3,105 square feet in size and is located in the Central Business District (CBD). She stated that Axl’s Glass (32 North Beech Street) is directly to the north and the Kiva Montessori School (18 North Beech Street) is to the south. She stated that the proposed use is closely identified as a ‘supermarket’ which requires a Conditional Use Permit. She stated that there is no exterior construction proposed on the project; however, the building code requirements may mandate some interior construction. She reviewed the parking requirements and stated that the Kiva School’s conditions of approval require 13 parking spaces in the lot adjacent to the property. She stated that 13 parking spaces will also be required for the food pantry/food distribution center which would leave 19 spaces for the use of 18 and 42 North Beech Street. She stated that Planning and Zoning reviewed the project on December 5, 2017, and recommended approval. She stated that the comments received from the utility providers and affected agencies would be addressed during the building permit process. Mayor Sheek opened the public hearing. Laurie Hall, President of the Board of Directors for the Southwest Farm Fresh Cooperative and co-owner of the Farm Bistro, stated that she was the applicant for the project. She stated that Southwest Farm Fresh Cooperative has not had a brick and mortar facility for four years and the business continues to grow. She stated that the co-op provides income for local family farms and the money stays in the community. She stated that the space is needed to increase sales in farm production. She noted that the Good Samaritan Center has provided services for the low income residents in the community for many years and has outgrown their current location on South Beech Street. She stated that the proposed move would provide much needed space for the Good Samaritan Center. She stated the location of the property at 20 North Beech Street fits the needs for both the co-op and the Good Samaritan Center. She asked that Council support the Conditional Use Permit so they could forge ahead and feed more people. Kristen Tworek, Director of the Good Samaritan Center, stated that 7,134 people were provided food in 2017. She stated that the Good Samaritan Center has outgrown their current location and that the larger space would meet the mission of providing a comfortable place for people to receive food. She thanked Council for considering the proposal. In answer to a question from Mayor Sheek, Ms. Tworek stated that they do not provide classes at this time on food preparation as services are offered through other venues such as the Pinon Project; however, if there was a need for this type of service they would consider offering some classes if there was enough room. Nina Williams stated that she is a member of the Food Coalition Steering Committee and is a local farmer. She stated that there are lots of ideas that could be implemented in the future with the new space including a possible indoor Farmers Market as well as a commercial kitchen that could offer educational classes on cooking/food preparation to help clients of the Good Samaritan Center as well as the general public. She stated that she supports the approval of the Conditional Use Permit. Michael Lavey, 491 East Coronado Avenue, stated that he is on the Board of Directors for the Good Samaritan Center as well as a volunteer and he supports the application for the Conditional Use CITY COUNCIL REGULAR MEETING JANUARY 9, 2018 PAGE 4 Permit. He stated that it is a good space for both entities and is a good opportunity for the City. Gail Lavey stated that she also serves on the board and is a volunteer for the Good Samaritan Center. She stated that the dream for the Center is for people to get more fresh food. She stated that the Good Samaritan Center partnered with the Farmers Market this past summer and when the market was completed each Saturday a volunteer was there to take whatever food was offered back to the Good Samaritan Center. She stated that the joining of the co-op and the Good Samaritan Center is a great opportunity. Mayor Sheek closed the public hearing. Mayor Pro-tem Keel moved that Council approve the application of a Conditional Use Permit to establish a food pantry and distribution center, located at 20 North Beech Street, as submitted by Laurie Hall, representing Southwest Farm Fresh Cooperative and the Good Samaritan Center, as outlined in Resolution No. 1, Series 2018, with four conditions. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek absent Yes Yes Yes Yes Yes 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Streetlight Installation on North Edith at Melrose and Acoma Streets. Councilmember Lucero excused himself due to a possible conflict-of-interest. Director of Public Works Johnson stated that the City received a petition signed by twelve residents along North Edith requesting the City to have streetlights installed in their neighborhood. He noted that the area is poorly lit and the residents feel that streetlights will help with safety as well as pedestrian traffic in the evenings. He stated that Council reviewed the application in November; however, it was suggested that it be tabled to allow information to be received from all of the neighborhood. He stated that the City had recently installed some streetlights on the south side of the City and some of the residents complained that they did not feel they were properly noticed. He stated that traditionally the City has received surveys from the citizens asking for streetlights and the City then proceeds with the installation; however, after the complaints the City has decided to proceed in a different manner to be sure everyone knows of the proposal. He stated that a map of the 300’ radius (process used for public hearings with the Planning and Building Department) around where the street lights would be placed was prepared and a survey sheet was hung on all the doorknobs in the area. He stated that ten surveys were received back from the 22 distributed with 60% for and 40% against. He stated that staff recommends approval of the installation of the streetlights on North Edith Street, one at Melrose and one at Acoma. Kenneth Hurst, 1305 Edith Street, stated that he moved into the neighborhood in March 2017 and noticed there are fire plugs on Acoma and Edith Street; however, there is no streetlight over the fire plugs. He stated that there are lights over other fire plugs in the area and it seems that, for safety, there should be a streetlight over a plug. He stated that the street also has a sharp turn in it and if there is a light it would help people navigate the area better. He stated that the lights would help with security for the area as it is really dark. CITY COUNCIL REGULAR MEETING JANUARY 9, 2018 PAGE 5 David Waters, 16415 Road 21.4, stated that he just found out about the streetlight proposal about 30 minutes prior to the meeting. He stated that he owns vacant land in the area and was not notified of the proposal and asked that Council table the issue to allow them to visit with the neighbors about the streetlight locations. He stated that he has concerns about where the lights would be located as shown on the drawing as it may prevent him from developing the lots he owns. Director of Public Works Johnson stated that the lights would be located in the City right-of-way and on intersections where the City would usually locate streetlights. Terri Hurst, 1305 Edith Street, stated that she apologized for not letting the Waters know of the petition. She stated her concern about crime in the area because it is so dark and noted that people have had their homes broken into several times. She stated that there needs to be some light in the area for the neighbors. Jeff Bran, 1313 Edith Street, stated that he lives on the corner of Edith and Melrose and noted that it is extremely dark in the area. He stated that he has had his home and vehicles broken into. He stated that it is very dangerous for people walking in the area without some light. Aimee Perry, 1498 Acoma, stated that she has two dogs that bark when something/someone is around her home and she is concerned because she cannot see over the fence because it is so dark. She stated that for the safety of her family, there needs to be some light in the area. Councilmember Carlson stated that she understands the neighbors concerns and that the Waters were unintentionally omitted; however, she would like to have their input on the streetlights included in the information that was received. In answer to a question from Mayor Sheek, Ms. Waters stated that they could meet with Public Works in the next day or two. City Attorney Green stated that it seems everyone agrees that lights are needed in the area and asked if Council would like to approve the streetlights but allow the location of the streetlights to be discussed prior to the next Council meeting. After discussion, it was recommended that Council would table the item until the January 23, 2018, meeting. Councilmember Carlson moved that Council table the motion on the installation of two 100-watt high-pressure sodium streetlights on North Edith, one at Melrose Street, and one at Acoma Street, until the next Council meeting. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek absent Yes Yes * Yes Yes *Councilmember Lucero recused himself due to a possible conflict-of-interest. City Manager Hale explained that staff would meet with Mr. and Ms. Waters and review their concerns and bring the item back for Council’s review on January 23, 2018. He stated that the citizens that spoke during the meeting would have their comments included with the record and would not have to attend the next meeting, unless they wanted to. b. Resolution No. 2, Series 2018. City Clerk Smith stated that Resolution No. 2, Series 2018, CITY COUNCIL REGULAR MEETING JANUARY 9, 2018 PAGE 6 authorizes a Mail Ballot Election to be held on April 3, 2018. She stated that the Municipal Election will be held as outlined in the City Charter and the State of Colorado regulations. She stated that staff is asking for the election to be a mail ballot election as was held in 2016 and is consistent with other elections held in the community over the past several years. Councilmember McLaughlin moved that Council approve Resolution No. 2, Series 2018, authorizing a Mail Ballot Election to be held on April 3, 2018. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek absent Yes Yes Yes Yes Yes c. Ordinance No. 1236, Series 2018. City Manager Hale stated that Ordinance No. 1236, Series 2018, is an ordinance that would refer a ballot issue to the registered electors at the regular Municipal Election to be held on April 3, 2018. He stated that in 2001, registered electors in the City voted in favor of a $.055 tax to fund the debt service and ongoing maintenance of a recreation center, which is set to expire on December 31, 2021. He stated that following the construction of the recreation center, the City has used a portion of the tax generated to fund the operations of the building, thus keeping the rates for the facility affordable for the residents. He stated after thoughtful discussion and deliberation by Council, it was determined that keeping the recreation center affordable is in the best interest of the community and that asking the residents to extend a reduced tax amount was the responsible and correct action to take. He stated that the City engaged Dee Wisor with Butler Snow to draft an ordinance that contains the ballot question which represents three basic elements: conformance with the laws of the State of Colorado (TABOR), conformance with the City Charter and previous ballot questions, and input from the City on what we’d like the question to achieve if passed by the voters. He stated that the tax would be reduced to .0035, or 3 ½ cents on a $10 purchase. He stated that the money would be used for operations, maintenance and capital improvements, including additions, to the Cortez Family Recreation Center. He stated that the existing tax is set to expire when the debt is paid on December 31, 2021, so the reduced tax would go into effect on January 1, 2022. He noted that because the question is a TABOR issue, it would allow the electors to submit written comments for summarization in a ballot issue notice which is then mailed to registered electors. He stated that a coordinated election time line is being used for certification of the question which requires the ballot question to be certified by February 2, 2018. Councilmember Lucero moved that Council approve on first reading Ordinance No. 1236, Series 2018, an ordinance that would refer a ballot issue to the registered electors at the regular Municipal Election to be held on April 3, 2018, and set for a public hearing on January 23, 2018. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek absent Yes Yes Yes Yes Yes d. 2018 Joint Chemical Bid. Director of General Services Smith stated that for many years the City has coordinated a joint chemical bid for the water and sewer plants in the area. He stated that the participants in this years bid include the Town of Dolores, Town of Mancos, Montezuma Water CITY COUNCIL REGULAR MEETING JANUARY 9, 2018 PAGE 7 Company, and the City of Cortez. He stated that by combining the bid on the chemicals, the quantity delivered semi-weekly have allowed all the participants to realize cost savings. He noted that each entity awards the chemicals used by their plants and are responsible for purchase orders and payments over the course of the award. He stated that six responses were received for the bid and the City’s total award for the 2018 Joint Chemical Bid would be $168,884.40. Mayor Pro-tem Keel moved that Council award the 2018 Joint Chemical Bid to the individual highlighted vendors, total City of Cortez award is $168,884.40. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek absent Yes Yes Yes Yes Yes e. Set Public Hearing Date for New Marijuana Store. Mayor Sheek noted that the request for the public hearing date for a new marijuana store is a Quasi-Judicial item and she asked if anyone had spoke about the item prior to the meeting; however, no one spoke. City Attorney Green stated that an application has been received from Chronic Therapy – Cortez LLC, for a new marijuana store to be located at 1020 South Broadway. He asked that the hearing date be set for February 13, 2018, to review the application. Mayor Pro-tem Keel moved that Council set a public hearing date of February 13, 2018, for the review of a new Retail Marijuana Store for Chronic Therapy – Cortez LLC, to be located at 1020 South Broadway, Cortez. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek absent Yes Yes Yes Yes Yes f. Golf Professional Contract with Rudosky Golf, LLC. Director of Parks and Recreation Palmquist stated that the Golf Professional Contract with Rudosky Golf, LLC, expired on December 31, 2017, and is now up for renewal. He stated that Rudosky Golf, LLC, has continued to provide exceptional customer service at the Conquistador Golf Course and staff recommends that the City continue to retain Micah Rudosky’s golf professional services for three more years. He stated that the new golf professional contract will increase from the annual base amount of $32,000 to $34,000 and Rudosky Golf, LLC, will be eligible for a yearly bonus based on revenue increases from the daily fees collected. He stated that the past three-year’s average for daily fees collected has been adjusted down from $141,187 to $131,404 and the golf pro will receive 10 percent of the increase over the past three-year’s average as a bonus. He stated that discussion was held on the private golf carts and Mr. Rudosky has asked if the private carts exceed the current cap of 80 carts, that he receive a percentage as the private carts affect his cart rentals. Discussion was held on insurance coverage and City Attorney Green stated that Mr. Rudosky has to provide Worker’s Compensation for his employees and General Liability Insurance is also required as stated in the contract. Councilmember McLaughlin moved that Council approve the Golf Professional Contract with Rudosky Golf, LLC, to provide golf professional services at the Conquistador Golf Course for three CITY COUNCIL REGULAR MEETING JANUARY 9, 2018 PAGE 8 years expiring on December 31, 2020. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek absent Yes Yes Yes Yes Yes g. Addendum No. 4 Employment Contract with City Manager Shane Hale. Mayor Sheek stated that Council had met in Executive Session during the December 12, 2017, worksession to review the City Manager’s evaluation and Council has decided to make a few changes: the salary will be increased 3.5% to $110,025.00 effective on the anniversary date of October 31; the unused vacation time for Mr. Hale can be rolled over to the next year and can continue to be accrued to a maximum of 280 hours; and the severance pay shall be increased to seven months should the City terminate Mr. Hale, unless the employee is terminated because of his conviction of any illegal act. Councilmember Carlson moved that Council approve Addendum No. 4 to the Employment Contract with City Manager Shane Hale. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek absent 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. TEZ Talks. City Manager Hale stated Robert Boudwin, Mascot for the National Basketball Association Hall of Fame, will be the guest speaker at the TEZ Talks to be held at the Montezuma- Cortez High School on Friday, January 12, 2018, at 7:00 p.m. He noted that the TEZ Talks is sponsored by 1st National Bank in partnership with the City of Cortez and Cortez Retail Enhancement Association. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the workshop Council viewed the Harassment Training video and a presentation was giving on the City’s new web site. She encouraged everyone to view the site at www.CityofCortez.com. She stated that ME&E presented information on the Police Department HVAC system. Discussion was held on the question for the Cortez Recreation Center that will be placed on the April 3, 2018, ballot. Mayor Sheek noted that discussion was also held on how the Council vacancy would be filled due to Tim Miller’s passing. David Nuttle, from Needful Provision Inc., also made a presentation on the urban farming concept. CITY COUNCIL REGULAR MEETING JANUARY 9, 2018 PAGE 9 b. 6th Annual Cortez Idol. Councilmember Carlson stated that the 6th Annual Cortez Idol will begin on Wednesday, January 10, 2018. She spoke about the winners from the past years and stated that it is a family friendly event held at Blondies Trophy Room. She stated that the prize is $1,000 to the winner. c. City Web Site. A citizen from the audience stated that he could not find the Council agenda for the meeting on the web site. Councilmember Carlson stated that Council reviewed the site during the worksession and the agenda was on the site. She showed the citizen how to find the agenda on the site. The regular meeting was adjourned at 8:45 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ________________________________ Linda L. Smith, City Clerk