City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, MARCH 13, 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, Bob Archibeque, Jill Carlson, Orly Lucero, and Shawna McLaughlin. Staff members present were Director of Planning and Building Sam Proffer, Director of Parks and Recreation Dean Palmquist, Director of General Services Rick Smith, Airport Manager Russ Machen, City Planner Tracie Hughes, Police Chief Roy Lane, City Intern Peyton Heitzman, City Clerk Linda Smith, City Manager Shane Hale, and City Attorney Mike Green. There were eight 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 February 27, 2018. b. Approval of the payment of the Expenditure Vouchers of March 13, 2018. c. Approval of a renewal Hotel and Restaurant Liquor License for Seven Meadows Farm LLC, DBA The Farm Bistro, located at 34 West Main Street, Cortez. d. Approval of a renewal Hotel and Restaurant Liquor License for Mi Mexico Restaurant Inc., DBA Mi Mexico, located at 550 South Broadway, Cortez. e. Approval of a Special Event Permit for Montezuma Land Conservancy to host their 20th Annual Harvest Beer Festival on September 8, 2018, at Parque de Vida Pavilion, located at 400 North Mildred Avenue, Cortez. Councilmember Lucero moved that Council approve the Consent Agenda with the additional expenditure list totaling $36,260.12. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION a. Incorrect Address. John Kennedy, 620 Empire, stated that the address for the special event permit to be located in Parque de Vida is incorrect. It was noted that the address is North Mildred not West Mildred. 5. PUBLIC HEARINGS CITY COUNCIL REGULAR MEETING MARCH 13, 2018 PAGE 2 a. Ordinance No. 1240, Series 2018. Director of Planning and Building Proffer stated that the City of Cortez utilizes the International Code Council (ICC) family of ‘model’ building codes (I-codes) and is currently using the 2009 edition of the codes. He stated that eleven ordinances (No. 1240 through 1250) are being presented to Council for second reading. He reviewed a few minor changes that were made to the ordinances following the first reading by Council at the February 27, 2018, meeting. He stated that he had not received any comments from stakeholders or citizens following the first reading. He stated that staff recommends approval of the eleven ordinances. City Attorney Green stated that the public hearing could be opened for all the ordinances to be reviewed and commented on with one hearing. Mayor Sheek opened the public hearing giving time for Council and the audience to review the ordinances; however, no one spoke on any of the eleven ordinances, and the hearing was closed. Mayor Pro-tem Keel moved that Council approve on final reading Ordinance No. 1240, Series 2018, adopting and repealing all ordinances in conflict with the 2015 International Fuel Gas Code. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes b. Ordinance No. 1241, Series 2018. Mayor Sheek stated that Ordinance No. 1241, Series 2018, adopts and repeals all ordinances in conflict with the 2015 International Mechanical Code. Councilmember Archibeque moved that Council approve on final reading Ordinance No. 1241, Series 2018, adopting and repealing all ordinances in conflict with the 2015 International Mechanical Code. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes c. Ordinance No. 1242, Series 2018. Mayor Sheek stated that Ordinance No. 1242, Series 2018, adopts and repeals all ordinances in conflict with the 2015 International Plumbing Code. Councilmember Lucero moved that Council approve on final reading Ordinance No. 1242, Series 2018, adopting and repealing all ordinances in conflict with the 2015 International Plumbing Code. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes d. Ordinance No. 1243, Series 2018. Mayor Sheek stated that Ordinance No. 1243, Series 2018, adopts and repeals all ordinances in conflict with the 2015 International Property Maintenance Code. Councilmember McLaughlin moved that Council approve on final reading Ordinance No. 1243, Series 2018, adopting and repealing all ordinances in conflict with the 2015 International Property Maintenance Code. Councilmember Lucero seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING MARCH 13, 2018 PAGE 3 Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes e. Ordinance No. 1244, Series 2018. Mayor Sheek stated that Ordinance No. 1244, Series 2018, adopts and repeals all ordinances in conflict with the 2009 International Energy Conservation Code. Mayor Pro-tem Keel moved that Council approve on final reading Ordinance No. 1244, Series 2018, adopting and repealing all ordinances in conflict with the 2009 International Energy Conservation Code. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes f. Ordinance No. 1245, Series 2018. Mayor Sheek stated that Ordinance No. 1245, Series 2018, adopts and repeals all ordinances in conflict with the International Accessible and Usable Buildings and Facilities Code (ICCA117.1 – 2009). Councilmember Archibeque moved that Council approve on final reading Ordinance No. 1245, Series 2018, adopting and repealing all ordinances in conflict with the International Accessible and Usable Buildings and Facilities Code (ICCA117.1 – 2009). Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes g. Ordinance No. 1246, Series 2018. Mayor Sheek stated that Ordinance No. 1246, Series 2018, adopts and repeals all ordinances in conflict with the 2015 International Building Code. Councilmember Lucero moved that Council approve on final reading Ordinance No. 1246, Series 2018, adopting and repealing all ordinances in conflict with the 2015 International Building. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes h. Ordinance No. 1247, Series 2018. Mayor Sheek stated that Ordinance No. 1247, Series 2018, adopts and repeals all ordinances in conflict with the 2015 International Fire Code. Councilmember McLaughlin moved that Council approve on final reading Ordinance No. 1247, Series 2018, adopting and repealing all ordinances in conflict with the 2015 International Fire Code. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes CITY COUNCIL REGULAR MEETING MARCH 13, 2018 PAGE 4 i. Ordinance No. 1248, Series 2018. Mayor Sheek stated that Ordinance No. 1248, Series 2018, adopts and repeals all ordinances in conflict with the 2015 International Existing Building Code. Mayor Pro-tem Keel moved that Council approve on final reading Ordinance No. 1248, Series 2018, adopting and repealing all ordinances in conflict with the 2015 International Existing Building Code. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes j. Ordinance No. 1249, Series 2018. Mayor Sheek stated that Ordinance No. 1249, Series 2018, adopts and repeals all ordinances in conflict with the 2015 International Residential Code. Councilmember Archibeque moved that Council approve on final reading Ordinance No. 1249, Series 2018, adopting and repealing all ordinances in conflict with the 2015 International Residential Code. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes k. Ordinance No. 1250, Series 2018. Mayor Sheek stated that Ordinance No. 1250, Series 2018, adopts and repeals all ordinances in conflict with the National Electric (NFPA 70) Code. Councilmember Lucero moved that Council approve on final reading Ordinance No. 1250, Series 2018, adopting and repealing all ordinances in conflict with the National Electric (NFPA 70) Code. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Ordinance No. 1239, Series 2018. City Planner Hughes stated that Ordinance No. 1239, Series 2018, amends Section 3.05(a) of the Land Use Code to allow a school (public, private, and church) through a conditional use permit in the Open Zoning District. She stated that the change to the Open Zone is being initiated by Montezuma County who is interested in selling the old Justice Building to the Children’s Kiva Montessori School. She stated that the building is located in the Open Zoning District which does not allow many uses as its purpose is “to preserve open space areas for active and passive open space and recreational uses.” She noted that schools are not a permitted or conditional use in the Open District; however, schools are a conditional use in all other zoning districts with the exception of the Industrial Zone. She stated that the location of the Justice Building is not ideal for rezoning as it is surrounded by the Open Zone, Residential Multi-family zoning district, and the Montezuma Public Facilities PUD. She stated that the Planning and Zoning Commission reviewed the amendment at their meeting on March 6, 2018, and recommended CITY COUNCIL REGULAR MEETING MARCH 13, 2018 PAGE 5 approval to City Council. She stated that staff is also recommending approval of the ordinance. Councilmember Carlson moved that Council approve on first reading Ordinance No. 1239, Series 2018, amending Section 3.05(a) of the Land Use Code to allow a school (public, private, and church) through a conditional use permit in the Open Zoning District, and set for public hearing on March 27, 2018. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes In answer to a question from Mayor Sheek, City Manager Hale stated that the Kiva School has submitted an offer to Montezuma County for the building and the offer has been accepted. He stated that the Kiva School has applied for a conditional use permit with the City as well. b. Letters Regarding FAA Pilot Training Hours. Airport Manager Machen stated that the Prescott, Arizona City Council has asked Cortez to again send letters to the Congressional delegation in support of easing the training requirements for Essential Air Service (EAS) airline pilots. He stated that because of an airline accident in 2013, the US Congress directed the FAA to develop new regulations concerning increased airline pilot training hours and requirements. He stated that this requirement has had a negative growth result in new pilots coming into the industry due to the higher threshold of flight hours required and the commensurate expense to student pilots. He stated that due to the increased flight hour requirement, new pilots are entering the industry at a slower pace than those who are retiring, thus reducing the overall pilot pool from top to bottom. He stated that the larger airlines recruit pilots from the smaller EAS airlines to fill their vacancies, putting increased pressure on the smaller airlines to fill pilot needs and complete established routes. He stated that because the situation has not been addressed over the past few years, the pilot shortage has worsened. He stated that past efforts to address the issues have been meet with denial. He stated that due to cancelled flights caused by pilot unavailability there are impacts to the Cortez Airport’s operating revenue from lost landing fees, fuel sales, and passenger facility charges. He stated that staff recommends Council send letters to the FAA and the Congressional delegation in support of easing the training requirements for EAS airline pilots. Discussion was held on Congress reviewing the request more seriously than was requested a few years prior. Councilmember McLaughlin moved that Council approve letters being sent to the FAA and the Congressional delegation in support of easing the training requirements for EAS airline pilots. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes c. Re-appointments to the Board of Adjustment and Appeals. City Planner Hughes stated that Tim Kline, Chris Eastin, and Glenn Leighton currently serve on the Board of Adjustment and Appeals and have sent in letters of interest to be re-appointed for another term. She stated that staff recommends the re-appointment. Mayor Pro-tem Keel moved that Council re-appoint Chris Eastin, Glenn Leighton, and Tim Kline to CITY COUNCIL REGULAR MEETING MARCH 13, 2018 PAGE 6 the Board of Adjustment and Appeals. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes d. Professional Services Contract for Trails 2000. Director of Parks and Recreation Palmquist stated that the City’s acquisition of open space areas on the north side of Cortez has increased the property size from 76 acres to 186 acres, including Carpenter and Geer Natural Areas and the pending purchase of Keith Evan’s conservation easement. He stated that the City has approximately ten miles of mountain biking and hiking trails within the open space areas to maintain and manage. He stated that the Parks, Recreation, and Forestry Advisory Board have identified the need for a comprehensive trail assessment to assist in establishing a prioritized, trail repair program and improve upon more intentional routing of hiking and mountain biking within the open space trail system. He stated that he has contacted Trails 2000, a local, non-profit organization based in Durango, for their assistance in developing a comprehensive trail assessment. He stated that Trails 2000 has assisted the City of Durango for over twenty-five years in the development of their trail system. He stated that following the comprehensive trail assessment to be completed by Trails 2000, a trail access management plan will be initiated by the City’s Parks and Recreation Department in working with the Southwest Conservation Corps, Montezuma Land Conservancy, and local community volunteers to repair the highest priority trails within the open space areas as time and resources allow. He stated that $3,000 has been budgeted for the contractual service and staff recommends approval of the Professional Services Contract with Trails 2000. He spoke about grant possibilities to help fund trail development. In answer to a question from Mayor Pro-tem Keel, Director of Parks and Recreation Palmquist stated that Trails 2000 would create the document that would be used to complete the trail enhancements and it would be reviewed by the local volunteers that have been working on the trails in the area. City Manager Hale noted the volunteer groups will be carrying out the trail building; however, Trails 2000 will be available for assistance if needed. Councilmember Archibeque moved that Council approve the Professional Services Contract for Trails 2000 to develop a comprehensive trail assessment for $3,000. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes e. Ordinance No. 1251, Series 2018. City Attorney Green stated that Ordinance No. 1251, Series 2018, creates a Board of Appeals for the City of Cortez. He stated that many of the uniform or international codes contain language creating a Board of Appeals. He stated that the Board of Appeals would hear petitions from persons affected by a building official, code enforcement, decision. He stated that the Board is designed to see if the City has legally applied its ordinances, codes, rules and regulations. He stated that the Cortez Land Use Code Board of Adjustments would most likely be used as the Board of Appeals for the five member board. He stated that staff recommends approval of the ordinance on first reading and that a public hearing be set for March 27, 2018. Discussion was held on the knowledge basis of the members of the Board of Appeals and CITY COUNCIL REGULAR MEETING MARCH 13, 2018 PAGE 7 it was noted that they don’t have to be experts on all the code books, but to hear the testimony and fairly make decisions as outlined in the code. Director of Planning and Building Proffer spoke about the difference between the Board of Appeals and the Board of Adjustment. He stated that several staff members are involved in decisions for implementation of the codes and staff works with the developers, architects, and/or engineers to try and address any issues that may come up. Councilmember Lucero moved that Council approve Ordinance No. 1251, Series 2018, on first reading, creating a Board of Appeals for the City of Cortez, and set a public hearing for March 27, 2018. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes f. Contract for a Grant for Podcasts/Counter Cards. City Manager Hale stated that the City applied for a History Colorado Grant to develop podcasts and counter cards to convert the current walking tour brochures of Montezuma Avenue, and Ash and First Streets to podcasts. He stated that the walking tour brochures were created in 2010, 2011, and 2013 with stories provided by June Head and the results of the first three CLG (Certified Local Government) funded inventories. He stated that currently the brochures are available in paper form at the Welcome Center and Cortez Cultural Center. He stated that the podcasts will allow the information to be available to a much larger audience and will bring the historic preservation program into the 21st Century. He stated that the podcasts also will mesh with the podcasts about Cortez that were recently produced by the Welcome Center and will be uploaded to the Mesa Verde Country and the City of Cortez web sites. He stated that the grant also provides funding to design and produce 750 “counter cards” to publicize the podcasts at the Welcome Center, the Cortez Cultural Center, and the hotels and restaurants throughout Montezuma County. He stated that the grant requires the City enter into a contract with History Colorado for the project. He stated that when the original contract is received, the City will have the City Attorney review the contract prior to signing. He stated that the grant will provide 100% of the cost of the project and that staff recommends approval. Councilmember McLaughlin moved that Council authorize the Mayor to sign the final grant contract with Colorado Historical Society when received and approved by the City Attorney in the amount of $7,708 for the purpose of converting the current walking tour brochures of Montezuma Avenue, and Ash and First Streets to podcasts, and producing “counter cards” to publicize the podcasts. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes g. 2018 Street Sweeper Bid. Director of General Services Smith stated that the 2018 Equipment Fund budget provides $250,000 for the purchase of a new street sweeper unit to replace Unit #1010 which will be traded-in on the new purchase. He stated that two bids were received, one from Tennant Sales and Service on a Tennant model and one from Hardline Equipment bidding a Dulevo unit. He stated that City staff made a trip to Farmington, New Mexico, to see the Tennant unit first hand and to get background on the performance. He stated that Public Works Department prefers the Dulevo unit over the Tennant for several reasons including the larger hopper volume and the CITY COUNCIL REGULAR MEETING MARCH 13, 2018 PAGE 8 road speed of the unit. He stated that Public Works is also asking that additional accessories be added to the street sweeper in the amount of $7,864. He noted that the purchase is $9,700 under the budgeted amount. Councilmember Archibeque moved that Council award the 2018 Street Sweeper Bid to Hardline Equipment for the Dulevo sweeper, with accessories, and the trade-in of Unit #1010, for a total purchase price of $240,300. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes h. 2018 Recycling Truck Bid. Director of General Services Smith stated that the 2018 Public Works Recycling budget provides $160,000 for the purchase of a new recycling truck to replace Unit #717 which is a 1991 International Truck with a recycling bed. He stated that Public Works plans to convert the old recycling bed onto a trailer for use at special events and the truck chassis will be sold at auction. He stated that two bids were received and McCandless is low bidder with an amount of $141,275 for a Kann recycling body. He stated that Public Works has applied for an R.R.E.O. Tier 1 grant to fund $80,000 of the purchase. Notices of the award for the grant will not be decided until May 2018 and will be applied towards the purchase should the grant be awarded to the City of Cortez. Councilmember Carlson commented that it is nice that both the recycling truck and street sweeper came in under budget. Councilmember Carlson moved that Council award the 2018 Recycling Truck bid to the low bidder – McCandless at the bid amount of $141,275. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes i. Skywerx Use of City/County Redundant Wireless Link. Director of General Services Smith stated that Skywerx has requested the use of a redundant wireless link jointly owned by the City/County. He stated that the City and County split the capital cost of building the wireless link between the City Service Center and Caveness Mountain and over to the AT&T tower by Hesperus. He stated that the capital cost included the equipment and installation and the license is under the City’s name. He stated that at the Hesperus location, the connection joins onto the Skywerx network into Durango and has a dual path to Albuquerque and Colorado Springs. He stated that the Govnet users (City of Cortez, Montezuma County, Cortez School District, Southwest Health Systems, and Southwest TV District) all agreed to share equally the monthly recurring fee of $1,850 per month, for the IP bandwidth from Skywerx. He stated that each member is currently paying $370 a month for the redundant wireless connection. He stated that Skywerx has approached the City about using the excess capacity on the wireless link to deploy LTE wireless services around the County and they have also executed a City Master Service Agreement to locate LTE wireless equipment at the City Service Center. He stated that a reduced fee has been negotiated for the Govnet users for Skywerx to use the wireless connection which will lower the amount to $1,550 a month, making the monthly payment $310 a month for Govnet users. He stated CITY COUNCIL REGULAR MEETING MARCH 13, 2018 PAGE 9 that the Montezuma County Commissioners approved the Skywerx proposal at their March 12, 2018, meeting. He stated that staff recommends approval of the proposal. Mayor Pro-tem Keel moved that Council approve the Skywerx proposal at the new monthly recurring amount of $1,550 allowing the use of the excess capacity by Skywerx, and authorize City Manager Hale to sign the addendum. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes j. Ordinance No. 1252, Series 2018. City Manager Hale stated that Ordinance No. 1252, Series 2018, approves the purchase of real estate from Keith Evans. He stated that Council had identified the priority of purchasing the Evans parcel during its 2017 Strategic Planning Process. He stated that staff has been in discussions with Mr. Evans and both parties are in agreement as to the value of the property which was based on the appraised value following the Conservation Easement. He stated that the purchase of $50,000, or $1,000 per acre, was placed in the 2018 budget. Discussion was held on the mineral rights for the property. Councilmember Archibeque moved that Council approve on first reading Ordinance No. 1252, Series 2018, approving the purchase of real estate from Keith Evans, and set for public hearing on March 27, 2018. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek 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. Election Process and Urban Farming Committee. City Manager Hale stated that the election ballots were mailed out on Monday, March 12, 2018, and the Candidate Forum will be held at City Hall from 7:00 p.m. to 8:30 p.m., on Thursday, March 15, 2018. He stated that discussion has started on the formation of an Urban Farming Committee and more details will be coming soon. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the workshop discussion was held on a request from the Mancos School District FFA for a donation. She stated that City Manager Hale spoke about two items (gateway signs/salt shed) that were reviewed during the 2018 CITY COUNCIL REGULAR MEETING MARCH 13, 2018 PAGE 10 Budget process but were left out of the final version. She stated that a request was received from Habitat for Humanity and Council agreed to give $750 towards the program. Also, the fiber pilot project was reviewed and discussion was held on a possible special event permit for MCEDA in City Hall. Mayor Sheek spoke about the new finger reading process that is now available for scanning entrance into the Recreation Center. b. Montezuma Community Economic Development Association (MCEDA). City Intern Heitzman spoke about the highlights of the MCEDA meeting which was held March 13, 2018. She stated that plans for the Economic Summit that will be held on April 25, 2018, was discussed. The regular meeting was adjourned at 8:15 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ________________________________ Linda L. Smith, City Clerk