City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, JUNE 26, 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 Orly Lucero, Sue Betts, Jill Carlson, Ty Keel, Mike Lavey, and Gary Noyes. Staff members present were Interim City Manager Chris Burkett, Associate Planner Neva Connolly, Director of Public Works Phil Johnson, Director of Planning and Building Sam Proffer, Director of Parks and Recreation Dean Palmquist, Chief of Police Roy Lane, Management Intern Peyton Heitzman, City Attorney Mike Green, and Deputy City Clerk Sara Coffey. There were 21 people present 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 June 12 and Special Meetings of June 9 and 18, 2018. b. Approval of the payment of the Expenditure Vouchers of June 26, 2018. c. Approval of a renewal Arts Liquor License for the Cortez Center Inc., DBA Cortez Cultural Center, located at 25 North Market Street, Cortez. d. Approval of a renewal 3.2% Beer Retail Liquor License for Stokley Corp., DBA Handy Mart South, 806 ½ South Broadway, Cortez. e. Approval of a renewal Tavern Liquor License for A&S LLC, DBA Angels End Zone, located at 309 North Broadway, Cortez. f. Approval of a renewal Medical Marijuana Center/On Site Optional Premises Cultivation License for Durango Organics, LLP., DBA DO Cortez, located at 1104 East Main Street, Cortez. g. Approval of a lease with CBERT, LLC, for extra parking located at 126 East Main Street, Cortez. Councilmember Keel moved that Council approve the Consent Agenda with the additional expenditure list totaling $54,342.08. Mayor Pro-tem Lucero seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION CITY COUNCIL REGULAR MEETING JUNE 26, 2018 PAGE 2 a. Concern About Cortez and the Future. Laurie and Rusty Hall thanked the City for all the work that is done to allow for a quality of life for the people that live in and enjoy Cortez. She spoke about when she and her husband began their business in 2013. The City was thriving and a lot of good things were happening. She stated that the old buildings have been revived in the community and the businesses downtown offer jobs to the citizens which keeps growth and prosperity moving forward. She stated that the businesses count on the City to make good decisions for the community and she read passages from the City’s Comprehensive Plan regarding the City’s core values. She stated that the City has taken a different direction over the past few years and has created a hardship for businesses by imposing various requirements including increased fees, backflow preventers, and building permit acquisition time. She noted that she is sad the trees are gone and that the road construction project is being completed during the busy summer. She asked that Council be considerate in asking businesses to pay for more services, infrastructure improvements, higher license fees, and revision after revision for new projects. She asked that Council revisit the Comprehensive Plan and respect the core values. She stated the success of a small town often relies on a handful of caring citizens and she feels frustration that the good work is being eroded and rules are being chosen over people. She stated that it will drive away the people that have contributed the most to the revitalization of downtown putting their heart and soul into the vitality of the community. Mayor Sheek stated that Council will follow-up with the Halls on their concerns. 5. PUBLIC HEARINGS a. Resolution No. 11, Series 2018. Associate Planner Connolly stated that Resolution No. 11, Series 2018, approves a site development plan to construct an emergency shelter and temporary housing facility at 735 North Park Street. She stated that Mike Eberspacher of RMBA Architects, agent for the property owner The Bridge Emergency Shelter, has submitted an application to the City for review of a site development plan to construct an 11,014 square foot structure to provide short-term housing and emergency shelter for the homeless community on vacant property located in the Montezuma County Planned Unit Development. She stated that the first floor includes space for the day labor, a kitchen, lounge, staff space, and sleeping rooms for the emergency shelter. She stated that the second floor would consist of temporary housing quarters which would include 9 one-bedroom units and 2 two-bedroom units as well as a social lounge, a patio, and a laundry room. She stated that the proposal was reviewed by the Planning and Zoning Commission in 2017 and it was noted that the homeless shelter was consistent with the PUD intention of use as a public facility. She stated that the applicant has asked for a Special Exception to the parking requirements and the Planning and Zoning Commission approved the request at their public hearing held on June 5, 2018, as it is felt that most people at the shelter are transient and do not have cars. She stated that staff has reviewed the landscaping plan and has found it in compliance with the requirements. She stated that the project will meet the “Design Standards” of the PUD by providing several southwest designs including stucco, covered terraces, balconies, and wall offsets. She noted that the structure will be in earth tone colors and will fit with the character of the surrounding buildings which include Osprey Packs and the Montezuma County Combined Courts. She reviewed the comments from the utility providers and affected special districts and noted that the project meets several policies of the Comprehensive Plan. She stated that staff recommends approval of the proposal with six conditions. In answer to a question from Councilmember Keel, Director of Public Works Johnson stated that there are no restrictions on parking on Park Street. Mayor Sheek opened the CITY COUNCIL REGULAR MEETING JUNE 26, 2018 PAGE 3 public hearing; however, no one spoke and the hearing was closed. Mayor Pro-tem Lucero moved that Council approve Resolution No. 11, Series 2018, with six conditions, approving a site development plan to construct an emergency shelter and temporary housing facility at 735 North Park Street, in the Montezuma County Public Facilities Planned Unit Development (PUD) Zoning District, as submitted by Mike Eberspacher, agent for the property owner The Bridge Emergency Shelter. Councilmember Lavey seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes b. Resolution No. 12, Series 2018. Management Intern Heitzman stated that Resolution No. 12, Series 2018, approves a Conditional Use Permit to convert a 720 square foot garage into an accessory dwelling unit located at 305 North Washington Street. She stated that Carla Weatherly, owner of the property located at 305 North Washington Street, would like to convert an existing garage on her property into a home for her son and his daughter. Management Intern Heitzman stated that the property is 10,650 square feet in size and the existing home is approximately 880 square feet. She reviewed the sketch plan for the new dwelling which would consist of a living area, kitchen, bathroom, two bedrooms, and a utility closet. She reviewed the conditions of approval of an accessory dwelling noting that the existing garage is approximately 82% of the existing living area, which would exceed the 20% maximum; however, staff does not feel there will be any adverse impacts to the neighborhood as the structure is already on the property. She stated that two accessory dwelling units were approved in 2014, under similar conditions. She stated that additional taps would be required for the garage to be converted to a living area. She also noted that two addresses will be required for the two structures. She stated that Planning and Zoning held a public hearing on June 5, 2018, and unanimously recommended approval of the Conditional Use Permit. Mayor Sheek opened the public hearing. Sylvia Shock, 306 North Washington, stated that she has owned her home since 2004 and does not support the accessory dwelling unit as all the homes in the area are single-family residents. She stated that Ms. Weatherly has said her son will live in the accessory dwelling unit; however, her son has a home down the street which is for sale. She stated that the street is pretty busy with traffic as Washington Street is a wider street. She stated that many neighbors are concerned about the multi-use and noted they have had plumbing issues in the past. In answer to a question from Mayor Sheek, Associate Planner Connolly stated that the City cannot restrict who lives in the additional unit should it be approved. Councilmember Noyes asked if the accessory unit could be sold separately from the home and Associate Planner Connolly stated that the unit cannot be sold separately. City Attorney Green stated that the accessory unit could be used as a rental should the family members decide not to live in the unit. Carla Weatherly, 305 North Washington, stated that she bought the property in 2011 and had to leave for awhile and just recently moved back. She stated that she has made improvements to the property and the area is constantly improving. She stated that the garage was previously used as a rental when she purchased the property and already has gas, electricity, and water supplied to it. She stated that the proper channels need to be followed to make the utilities legal as there is nothing CITY COUNCIL REGULAR MEETING JUNE 26, 2018 PAGE 4 listed showing the improvements. She stated that she has health issues and is looking to the future. She stated that her property is located on a huge corner lot and the garage is already here. She stated that the lot already has four parking spaces and she feels she is a good neighbor. In answer to a question from Councilmember Keel, Associate Planner Connolly stated that the records are not complete on the updates that were made on the garage. It was noted that separate taps will be required for the accessory dwelling unit. No one else spoke and Mayor Sheek closed the public hearing. Mayor Pro-tem Lucero moved that Council approve Resolution No. 12, Series 2018, with three conditions, approving a Conditional Use Permit to convert a 720 square foot garage into an accessory dwelling unit located at 305 North Washington Street. Councilmember Betts seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes Mayor Sheek asked that staff follow-up on the traffic concerns for the area. 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Ordinance No. 1254, Series 2018. Associate Planner Connolly stated that Ordinance No. 1254, Series 2018, approves the request to rezone Lot 9A of the Christian Minor Subdivision at 2310 East Empire from Single-Family Residential (R-1) to Neighborhood Business (NB), as submitted by Micah Rudosky, Manager for Rudosky Unlimited, LLC. She stated that the property is fully developed and located on the northwest corner of Highway 145 and Empire Street and is a total of 0.97 acres in size. She stated that the applicant is seeking to use the property for golf training, video instruction, coaching, fitness, food and beverage, sport simulators, and retail sales of golf- related equipment. She stated that the uses would be most closely classified as “private fitness club or recreation center” under the current Land Use Code and would be permitted as a conditional use in the Neighborhood Business Zone. She stated that the Land Use Code does not allow for the proposed uses in the R-1 zone. She stated that the present uses that occur on the property include a fitness gym and gymnastics center. She stated that use on the property was considered non- conforming; however, Planning and Zoning reviewed the proposal on December 2017 and did interpret the use as legally non-conforming. She stated that surrounding uses in the vicinity of the proposed rezoning are single-family residential to the north, east, and west. She stated that south of the property is multi-family and southeast of the property is zoned Commercial. She stated that the property was denied rezoning from R-1 to Commercial in 2005 due to incompatibility issues with the surrounding residential uses; however, the allowable uses in the NB zone have less impact than the higher intensity uses found in the Commercial zone. Associate Planner Connolly reviewed the criteria for rezoning property from Land Use Code Section 6.02 and noted that there has been some increased development activity in recent years in the area with the construction of an apartment complex, a Maverik fueling station, and a church located south of the proposed rezoning. She noted that the rezoning would allow for a wider range of permitted uses for the existing building, which is unlikely to ever be used for residential use. She stated that no objections have been CITY COUNCIL REGULAR MEETING JUNE 26, 2018 PAGE 5 received on the project from affected agencies or utility providers. It was noted that the property has been used as a gym for a long time. Councilmember Carlson moved that Council approve on first reading Ordinance No. 1254, Series 2018, approving the request to rezone Lot 9A of the Christian Minor Subdivision at 2310 East Empire from Single-Family Residential (R-1) to Neighborhood Business (NB), as submitted by Micah Rudosky, Manager for Rudosky Unlimited, LLC, and set for public hearing on July 10, 2018. Councilmember Keel seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes b. Bid Results on the 2018 Concrete Cost-Share Project. Director of Public Works Johnson stated that the City of Cortez provides an annual sidewalk cost-share program to help residents and business owners either install new sidewalk or replace deteriorated sidewalks on their property. He stated that the program encourages and promotes improvement of public walkways by offering a 50% cost-share agreement with local residents. He stated that in addition, the City utilizes the project for maintenance on City sidewalks, ADA accessible ramps, and miscellaneous curb and gutter work. He spoke about the sections that would be included in the project and noted that crosswalk improvements at Kemper School on East Montezuma Avenue were unbudgeted ($58,000); however, it is important that the improvement be completed this year if possible. He stated that three bids were received and staff is recommending the bid be awarded to D&L Construction at the bid amount of $238,042.00. He stated that the Street Capital Fund has $150,000 budgeted for concrete this year; gateway project funding is $8,500; and the cost-share participants will reimburse the City about $25,000. Daniel Hoch, from Daniel’s Concrete And Excavation, stated that he appreciates the City awarding him City jobs over the past 20 years and that he has done his best to provide a first-class job for the City and gave an efficient product. Mayor Pro-tem Lucero moved that Council award the 2018 Concrete Cost-Share Project to D&L Construction at a bid amount of $238,042.00. Councilmember Betts seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes No Yes Yes Yes Yes c. Ordinance No. 1255, Series 2018. City Attorney Green stated that Ordinance No. 1255, Series 2018, approves the transfer of the Justice Building Complex real estate and terminates the Justice Building Complex Property Agreement with Montezuma County. He stated that Montezuma County and the City of Cortez have jointly owned the north edge of the City Park from Park Street to Empire Street along Mildred Road, which once housed the County jail, Sheriff’s Office, City Police Department, and State Patrol. He stated that when the City built the new Police Department, agreements were modified and the footprint of the Justice Building was conveyed to Montezuma County along with the parking lot next to the sally-port in the back. He stated that various agreements were modified or maintained in place for the joint ownership, maintenance, access/ egress of the parking lots, yards and the grassy area north of the Police Station at the corner of Park and Empire Street. City Attorney Green stated that the City and the County, through their CITY COUNCIL REGULAR MEETING JUNE 26, 2018 PAGE 6 respective managers, reached an agreement and staff is asking Council to approve splitting the property. He stated that conveyance of the land from the City and County terminates any agreements between the two entities and allows both entities to move on with their respective uses of their properties. He stated that staff recommends approval of Ordinance No. 1255, Series 2018, on first reading and set the ordinance for public hearing on July 10, 2018. In answer to a question from Councilmember Keel, City Attorney Green stated that the conveyance of the land will be completed when the deed is signed by both the City and County. Councilmember Betts moved that Council approve on first reading Ordinance No. 1255, Series 2018, regarding transfer of the Justice Building Complex real estate and termination of Justice Building Complex Property Agreement with Montezuma County, and set for public hearing on July 10, 2018. Councilmember Carlson seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes d. Fiber – Feasibility Study Recommended Next Steps. Interim City Manager Burkett stated that during the feasibility and business case study presented by Finley Engineering and CCG it was suggested that the City may want to receive further information to help define the cost and answer questions for funding of the fiber project. He stated that the estimated pole engineering costs would total $16,685.00 and the survey would be $8,500, for a not-to-exceed total cost of $25,185.00. In answer to a question from Mayor Pro-tem Lucero, Interim City Manager Burkett stated that Council would be approving the questions that will be asked prior to the survey going out. Councilmember Noyes moved that Council approve the engineering and survey quote from Finley Engineering at the price of $25,185.00 and amend the existing contract. Councilmember Lavey seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes e. Letters of Support for ALT Fuels Colorado Electric Vehicle Direct Current Fast-Charging Corridors Grant Program. Director of Public Works Johnson stated that the Colorado Energy Office (CEO) is currently accepting applications for the ALT Fuels Colorado Electric Vehicle Direct Current Fast-Charging Corridors Grant Program. He stated that the request for applications directly addresses Action #1 in the Colorado Electric Vehicle Plan: build out Colorado’s EV fast- charging infrastructure through public-private partnerships and in coordination with other programs. He stated that the Colorado Energy Office has identified six corridors where DC fast- charging stations are to be sited. He stated that the City has been asked by three organizations for letters of support to be submitted with their grant applications which are due Friday, June 29, 2018. It was noted that the letters are for support of the project and not for one specific company over the other. Councilmember Keel moved that Council authorize the Mayor to sign three letters of support for the ALT Fuels Colorado Electric Vehicle Direct Current Fast-Charging Corridors Grant Program. Councilmember Noyes seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING JUNE 26, 2018 PAGE 7 Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes f. Appointment to Planning and Zoning Commission. Director of Planning and Building Proffer stated that Danny Giannone has resigned from the Planning and Zoning Commission and a letter of interest was received from Lance McDaniel. He stated that Planning and Zoning Commission interviewed Mr. McDaniel during their June 5, 2018, meeting and made a unanimous recommendation to Council that Mr. McDaniel be appointed. In answer to a question from Mayor Pro-tem Lucero, Director of Planning and Building Proffer stated that the position was advertised on the City’s website. It was noted that the new chairperson of the Planning and Zoning Commission is Rebecca Levy. Director of Planning and Building Proffer stated that Mr. McDaniel will serve a three-year term as Mr. Giannone’s term had expired. Councilmember Lavey moved that Council appoint Lance McDaniel to the Planning and Zoning Commission. Councilmember Carlson seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes g. Approval of Proposed Contract with New City Manager. Mayor Sheek stated that it is with great pleasure that the new City Manager Contract be offered to John A. Dougherty. She stated that the language is agreeable to both parties and she asked for Council’s approval. Councilmember Betts moved that Council approve the new City Manager contract with John A. Dougherty with modifications. Councilmember Carlson seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes John Dougherty thanked Council for the opportunity and stated that he would begin on July 9, 2018. He introduced his wife Ruthanna and stated they are continuing to look for a rental home. 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 – None. 13. CITY COUNCIL COMMITTEE REPORTS CITY COUNCIL REGULAR MEETING JUNE 26, 2018 PAGE 8 a. Mayor’s Report on Workshop. Mayor Sheek stated that discussion was held on the Housing Authority which will be purchasing three acres on the east side of the old high school to be used for affordable housing. She noted that demolition has been ongoing on the old high school property. She stated that Council held discussion on the Essential Air Service Contract with Boutique Air which can be extended from a two-year contract to a four-year contract. She stated that Director of Parks and Recreation Palmquist spoke about naming the BMX bike track and Director of Public Works Johnson spoke about the safety of the turning lane at North Dolores Road and Highway 160 by the Maverik Store. She stated that discussion was also held on letters requested for the ALT Fuels Colorado Electric Vehicle Direct Current Fast-Charging Corridors Grant Program and staff reviewed the 2018 Concrete Cost-Share Project which was included in the regular Council agenda for approval. She stated that Council adjourned to Executive Session for the purpose of determining positons relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e). b. Thank You. Interim City Manager Burkett thanked Council for the opportunity to serve the City as the interim. Council thanked Chris Burkett for the good work he has done during Council’s search for a new City Manager. c. Montezuma Community Economic Development Association (MCEDA). Councilmember Carlson stated that strategic planning, including the mission statement, was reviewed at the MCEDA meeting. Mayor Sheek noted that the MCEDA Executive Director recently resigned. d. Comedy Showcase in Durango. Councilmember Carlson stated that the last comedy show in Durango will be held on July 6, 2018, at the Strater Hotel. She stated that benefits from the two shows will be used for victims of the fire. e. Colorado Municipal League (CML) Conference Update. Councilmember Lavey stated that he and Management Intern Heitzman attended the CML Conference in June and will be presenting information they learned at the conference at a future worksession. The regular meeting was adjourned at 8:40 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________ Sara Coffey, Deputy City Clerk