City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 23, 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 Public Works Phil Johnson, Director of Planning and Building Sam Proffer, Associate Planner Neva Connolly, Communications Supervisor Lori Johnson, 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 14 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 January 9, 2018. b. Approval of the payment of the Expenditure Vouchers of January 23, 2018. c. Approval of a renewal Retail Marijuana Store for The Medicine Man LLC, located at 310 East Main Street, Cortez. Mayor Pro-tem Keel moved that Council approve the Consent Agenda with the additional expenditure list totaling $22,308.49. 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 a. Candidate for the Democrat Nomination for the 58th Colorado House District. Seth Cagin, Candidate for the Democrat Nomination for the 58th Colorado House District, introduced himself to Council. He gave each Councilmember his card and invited anyone from the community to reach out to him on any issues they may have. He spoke about his background which included being a newspaper reporter and stated that he would like to go to Denver to fight for the interests and needs of rural counties and smaller towns and cities across the State. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS a. Ordinance No. 1236, Series 2018. City Manager Hale stated that Ordinance No. 1236, Series 2018, refers a ballot issue to the registered electors at the regular Municipal Election to be held on April 3, 2018. He stated that in 2001, the City registered electors voted in favor of a $0.55 tax to fund the debt service and ongoing maintenance of a recreation center, which is set to expire on CITY COUNCIL REGULAR MEETING JANUARY 23, 2018 PAGE 2 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 affordable for the residents. He stated that 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 the facility, and that asking the residents to extend a reduced tax amount was the responsible and correct action to take. He stated that the City hired Dee Wiser with Butler Snow to draft a ballot question asking the residents to reduce the tax to $.0035 with the money to be used for operations, maintenance, and capital improvements including any additions that may be made to the recreation center. He stated that the existing tax is set to expire December 31, 2021, so practically speaking, the new reduced tax would go into effect on January 1, 2022. He stated that the language would not preclude the City from paying off the debt early and reducing the tax sooner. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember McLaughlin moved that Council approve Ordinance No. 1236, Series 2018, an ordinance referring a ballot issue to the registered electors at the regular Municipal Election to be held April 3, 2018. 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 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 streetlight request has been tabled twice by City Council, once in November and on January 9, 2018. He stated that the City had received the self-survey in October 2017 from the residents along North Edith Street requesting the City install streetlights in their neighborhood. He stated that after review in November it was felt more information should be received from the neighborhood and a survey was sent out to residents in the area asking for their comments on the proposed streetlights. He stated that Dave and Lana Waters, who own vacant property in the area, spoke at the January 9, 2018, meeting regarding their concerns on the streetlight placements; however, after meeting with them on site, they have sent a letter supporting the installation of the two streetlights. Director of Public Works Johnson stated that he has received some correspondence since the January 9, 2018, Council meeting regarding the concern for dark skies and he explained the difference between the 100-watt high-pressure sodium streetlights that would be installed in place of the lights that were previously installed that were 175–watt mercury vapor light. He stated that the lights are softer and would be defused downward. He stated that the proposed location of the lights has been surveyed should Council approve their installation to be sure they are in the City right-of-way. He noted there would be no cost to the City for the streetlights other than the trenching which would be done by City staff. He stated that staff recommends approval as per the request of the neighbors. Margaret O’Brien, 1217 Edith Street, stated that she protests the proposal of the two streetlights as one of them would be located near her home. She stated that comments from the community during vision planning for the future included the importance of the dark skies. She spoke about viewing the stars on her porch and her concern for the light that will change that view. She stated that in 34 years she has lost two items to thievery and noted that she walks a lot both morning and night and CITY COUNCIL REGULAR MEETING JANUARY 23, 2018 PAGE 3 has never had to defend herself or felt threatened. She noted that a lot of neighbors have porch lights as well as motion detector lights and she feels there is plenty of light for the neighborhood. Mary Dodd, 1324 Melrose Street, stated that she recently wrote a letter to the Public Works Department objecting to the streetlight installation and has received a reply from both the Mayor and Public Works Director Johnson. She stated that she has voiced her opposition in the City survey as well and that she values the dark night skies not only for the aesthetic value but also for the effect that light pollution has on the human body. She stated that she has admired the meteor showers from her porch and noted that she has not ever seen youth just hanging out in the area and if they are the Police should be called. Mayor Sheek noted that Council has to look at the issue from all sides: health, aesthetics, and safety. Chief of Police Lane stated that the police are called often to the Cornett Heights neighborhood for many different reasons both night and day. Mayor Sheek stated that she drove through the area prior to the Council meeting and stated that it is really dark and she is concerned for safety reasons. In answer to a question from Mayor Sheek, Director of Public Works Johnson stated that the 170-watt lights have been replaced with the 100-watt bulbs throughout the City. Councilmember Carlson asked about the lighting and how it will affect the dark skies; however, Director of Public Works Johnson stated that he could not speak on how the lights would affect the night sky. Mayor Pro-tem Keel stated that he feels fortunate to live in Cortez where the night sky can still be viewed even with streetlights in the neighborhood. He thanked the neighbors for offering their comments, but stated that eventually the neighborhood will be developed with more homes and streetlights will need to be installed. City Manager Hale stated that the City had asked Empire Electric to install the softer bulbs during review of their Franchise Agreement renewal in response to the comments made by citizens on the dark skies. Councilmember Carlson moved that Council approve the installation of two 100-watt high-pressure sodium streetlights on North Edith, one at Melrose Street, and one at Acoma Street. Mayor Pro-tem Keel 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. Mayor Sheek thanked the residents for voicing their opinions and commented that the City is doing what they can to soften the impact from the streetlights. 7. NEW BUSINESS a. Resolution No. 3, Series 2018. Director of Public Works Johnson stated that Resolution No. 3, Series 2018, approves an Intergovernmental Agreement with the Colorado Department of Transportation (CDOT) to receive funds for the Cortez ADA Ramps on US Highway 160 and authorizes the Mayor to sign the agreement. He stated that CDOT has identified the need to replace non-compliant ADA ramps (22 total) along US Highway 160 through Cortez. He stated that CDOT has made funding available for the work in the amount of $294,000, based on the State-wide average of $14,000 for each ADA ramp construction. He stated that the City would be reimbursed CITY COUNCIL REGULAR MEETING JANUARY 23, 2018 PAGE 4 for the actual costs of the construction, not the full funding unless the entire amount is expended. City Manager Hale commended Public Works Director Johnson for working with CDOT to help fund this project. Councilmember Lucero moved that Council approve Resolution No. 3, Series 2018, approving an Intergovernmental Agreement with the Colorado Department of Transportation to receive funds for the Cortez ADA Ramps on US Highway 160 and to authorize the Mayor to sign said agreement. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek absent Yes Yes Yes Yes Yes b. Counterproposal Amending Proposed Contract between Montezuma-Cortez School District and the City of Cortez. City Manager Hale stated that on October 10, 2017, City Council adopted Resolution No. 23, Series 2017, authorizing the purchase of the former high school property from the RE-1 School District for the purpose of developing a park and affordable housing. He stated that the District considered the offer and has suggested a few minor edits. One of the edits was in regard to the utilities which the City had requested be capped at the property line/right-of-way. He stated that the District have asked that the utilities be capped in accordance with the Demolition Site Plan that they have already awarded to their contractor. He stated that staff feels the demolition plan will satisfy the City’s needs and staff recommends approval of the counterproposal. Councilmember McLaughlin moved that Council authorize the Mayor to sign the Counterproposal amending the proposed contract dated October 11, 2017, between the Montezuma-Cortez School District and the City of Cortez. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek absent Yes Yes Yes Yes Yes c. Intergovernmental Agreement with Montezuma County Clerk and Recorder for the Municipal Election. City Clerk Smith stated that the Intergovernmental Agreement would define the duties for the County and the City for the April 3, 2018, Municipal Election. She stated that for many years the City and the Montezuma County Clerk and Recorder have worked together on the Municipal Election and again this year the Town of Mancos, Town of Dolores, and the City of Cortez will share in many expenses of the election by joining together on items such as payment for judges and the use of County equipment. Mayor Pro-tem Keel moved that Council approve the Intergovernmental Agreement with the Montezuma County Clerk and Recorder for the Municipal 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 d. Ordinance No. 1237, Series 2018. City Attorney Green stated that Ordinance No. 1237, Series CITY COUNCIL REGULAR MEETING JANUARY 23, 2018 PAGE 5 2018, approves the procedure(s) for Declaration of Emergency Ordinance. He stated that the ordinance sets the lines of succession for decision making and the authority for each person in line of succession. He stated that the ordinance provides basic government processes by authorizing alternatives to normal practice and procedures such as overtime, Council meeting places, notices, etc. He stated that staff recommends approval on first reading and a public hearing set for February 13, 2018. Councilmember Lucero moved that Council approve Ordinance No. 1237, Series 2018, on first reading, approving the procedure(s) for Declaration of Emergency Ordinance and set for public hearing on February 13, 2018. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek absent Yes Yes Yes Yes Yes e. Resolution No. 5, Series 2018. Chief of Police Lane stated Communications Supervisor Johnson has been working on an Emergency Operations Plan for the City of Cortez for some time and it is now ready for adoption. In answer to a question from Mayor Sheek, Communications Supervisor Johnson stated that the plan is a stand alone plan for the City of Cortez and will be an attachment to the County Plan. She stated that, should the City have a disaster, the plan would need to be in place to receive Federal funding for the disaster. She stated that the City has been working with Paul Hollar, Montezuma County Emergency Manager, who was present in the audience should there be any questions. In answer to a question from Mayor Sheek, Communications Supervisor Johnson stated that the plan would be updated every three years and exercises would be held annually for preparation should a disaster happen. Chief of Police Lane thanked Communications Supervisor Johnson for all her work to complete the plan for the City. Councilmember Lucero moved that Council approve Resolution No. 5, Series 2018, approving the Emergency Operations Plan for the City of Cortez. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek absent Yes Yes Yes Yes Yes f. Re-appointment to the Parks, Recreation, and Forestry Advisory Board. Director of Parks and Recreation Palmquist stated that Tom Rennick has re-applied to serve another term on the Parks, Recreation, and Forestry Advisory Board. He stated that currently three adult vacancies exist for the board and he would recommend that Mr. Rennick be re-appointed as recommended by the Parks, Recreation, and Forestry Advisory Board. Mayor Pro-tem Keel moved that Council re-appoint Tom Rennick to the Parks, Recreation, and Forestry Advisory Board, foregoing the interview process. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek absent Yes Yes Yes Yes Yes CITY COUNCIL REGULAR MEETING JANUARY 23, 2018 PAGE 6 g. Resolution No. 4, Series 2018. City Attorney Green stated that Resolution No. 4, Series 2018, approves an agreement between the City and East Conquistador Access LLC for an east neighborhood access to the Conquistador Golf Course. He stated that Keenan Lovett has been instrumental in bringing the neighborhood together to complete an agreement for access on the east side of the golf course for private golf carts. He stated that A.J. Keesee is amiable to donating a portion of his lot south of the detention basin for the access and staff has mapped out the route that the neighbors would take in order to minimize disruption and to lessen the likelihood of anyone getting injured from a wayward golf ball. He stated that the resolution approves the creation of the east entrance and delineates the respective responsibilities of the entities involved. City Manager Hale thanked Keenan Lovett for bringing the neighbors together to complete the agreement. Mayor Pro-tem Keel moved that Council approve Resolution No. 4, Series 2018, approving an agreement between the City and East Conquistador Access LLC for an east neighborhood access to the Conquistador Golf Course and authorize the Mayor to sign both the resolution and the Access Agreement. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek absent Yes Yes Yes Yes Yes h. Ordinance No. 1238, Series 2018. City Attorney Green stated that Ordinance No. 1238, Series 2018, prohibits unauthorized entry onto the Cortez Municipal Golf Course. He stated that the ordinance regulates play and provides a level of safety for players. He stated there are three approved access points now with the approval on the east side along with the already existing northern access and the clubhouse. He stated the ordinance would set out penalties should someone not abide by entering the course as allowed. He stated that staff recommends approval on first reading and set the ordinance for public hearing on February 13, 2018. Councilmember Carlson moved that Council approving on first reading Ordinance No. 1238, Series 2018, approving an ordinance prohibiting unauthorized entry onto the Cortez Municipal Golf Course, and set for public hearing on February 13, 2018. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek absent Yes Yes Yes Yes Yes i. Pope Plat for a Boundary Adjustment. Associate Planner Connolly stated that Robinson Keith Pope has applied to the County for a boundary adjustment for property located at 311 North Broadway. She stated that the property straddles the City/County boundary and the boundary adjustment would increase the property by extending the western boundary .02 acres. She stated that the property would remain bisected by the City/County jurisdiction line. She stated that the boundary adjustment has been processed through the County as the area of the additional acreage is within the County’s jurisdiction; however, the City’s signature is required on the plat for approval as the legal description will be changed. She stated that Planning and Zoning reviewed the application at the December 5, 2017, meeting and recommended approval. Councilmember Lucero moved that Council authorize the Mayor to sign the final version of the plat CITY COUNCIL REGULAR MEETING JANUARY 23, 2018 PAGE 7 accepting the boundary adjustment for the Pope Boundary Adjustment. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek absent Yes Yes Yes Yes Yes j. Grant Agreement between the State of Colorado Department of Local Affairs (DOLA) and the City of Cortez. City Manager Hale stated that the City has not received the contract from the State for the Best and Brightest program which will become effective on February 26, 2018, when Peyton Heitzman will begin her internship in Cortez. He stated that the State of Colorado helps to offset the costs to the City through an Energy and Mineral Assistance Grant in the total amount of $44,000 with $21,000 per year to go towards salaries/benefits, and $1,000 per year to go towards training. He stated that he received notice that the State has changed their contract and it no longer requires a City signature. Discussion was held on approving the grant agreement anyway in case the City has to sign something on the grant in the future. In answer to a question from Mayor Pro- tem Keel, City Manager Hale stated that Kathy Shipley was a DOLA representative that died of cancer and the grant was named in her memory. Mayor Pro-tem Keel moved that Council accept the Energy and Mineral Impact Assistance Grant 8586 Kathy Shipley Best and Brightest Intern, and authorize the Mayor to execute the agreement if needed. Councilmember Carlson 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. Mayor Pro-tem Keel stated that the TEZ Talks held on Friday, January 12, 2018, was great and he thanked First National Bank and the City of Cortez for offering the program. City Manager Hale stated that the last TEZ Talks program will be held on March 2, 2018, and will feature Dave Stevens. He stated that Mr. Stevens will be sharing his story on perseverance. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the workshop a timeline was given on the replacement of the HVAC system at the Recreation Center. Discussion was held on the City’s support for Rural Philanthropy Days. Mayor Sheek stated that discussion was also held on the two committee’s which were being served by Councilmember Tim Miller and Council CITY COUNCIL REGULAR MEETING JANUARY 23, 2018 PAGE 8 replacement. b. Mesa Verde Country. Mayor Sheek stated that Mesa Verde Country held their meeting on January 16, 2018, with discussion held on the new website and how the site would be fine tuned. Also, it was noted that City sales tax is up 6%, Lodger’s Tax is up 8%, and Montezuma County Lodger’s tax is up 10%. She stated Kelly Kirkpatrick will be researching RBO/RBAB sites that are in the area and how they could be required to pay tax as well as the other lodger’s. City Manager Hale stated that Finance Director Moss may be of assistance on the City’s RBO’s. He stated that it is hard to track people that are renting out their homes due to the LLC/Corporation names that they may be rented under. Mayor Sheek stated that the marketing strategy is also being revamped so target ages could be defined on how to appeal to the different groups. She stated discussion was also held on farm and ranch tours that may be offered this summer. The regular meeting was adjourned at 8:40 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ________________________________ Linda L. Smith, City Clerk