City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, JULY 10, 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 Grants and Special Projects Chris Burkett, Director of Finance Kathi Moss, Associate Planner Neva Connolly, 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, City Manager John Dougherty, and City Clerk Linda Smith. There were 19 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 26, 2018. b. Approval of the payment of the Expenditure Vouchers of July 10, 2018. c. Approval of a renewal 3.2% Beer Retail Liquor License for Western Refining Retail, LLC, DBA Giant #7260, located at 921 East Main Street, Cortez. d. Approval of a renewal Tavern Liquor License and Outdoor Dining License Agreement for Blondies Trophy Room LLC, DBA Blondies Trophy Room, located at 45 East Main Street, Cortez. e. Approval of a renewal Liquor Store License for Seven Eighteen Cortez Inc., DBA Liquid Assets, located at 718 East Main Street, Cortez. f. Approval of a Special Event Permit for the Cortez Area Chamber of Commerce to host “Business After Hours” on Thursday, July 12, 2018, at Ricky King State Farm Insurance, located at 1438 East Main Street, Cortez. g. Approval of a Special Event Permit sponsored by Onward! A Legacy Foundation, on behalf of Deep Desert Art Collective, to host a fund raising event on July 20, 2018, at Anvil, Investments LLC, located at 100 Pinon Drive, Cortez. h. Approval of a renewal Medical Marijuana Center/On Site Optional Premises Cultivation/Medical Marijuana-Infused Product Manufacturer License for The Medicine Man, LLC, located at 310 East Main Street, Cortez. Mayor Pro-tem Lucero moved that Council approve the Consent Agenda with the additional expenditure list totaling $512,121.00. 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 CITY COUNCIL REGULAR MEETING JULY 10, 2018 PAGE 2 3. PRESENTATIONS a. 100 Club of Montezuma County. Pete Montano, President of 100 Club of Montezuma County, noted that the mission of the group is to provide immediate financial assistance for the families of all first responders who have lost their lives in the line of duty in Montezuma and Dolores Counties. He stated that donations/membership can be made through Onward! A Legacy Foundation. He noted that first responders include fire fighters, police officers, EMT’s, search and rescue, and wildlife officers. He spoke about the Durango 100 Club helping the Claxton Family when Officer Dale Claxton was killed in the line of duty 20 years ago. He spoke about the Barn Dance/Barbeque Fundraiser that would be held at the indoor arena at the Fairgrounds on Saturday, July 14, 2018, at 5:30 p.m. He left flyers on the 100 Club and invited anyone interested in joining. 4. CITIZEN PARTICIPATION a. Concern on Outside Instruction Policy. Beth Domenichini, 621 East Second Street, stated her concern on the proposed Outside Instruction Policy that was discussed in the Council worksession prior to the meeting. She stated that she is a swim instructor at the pool and has been teaching lessons for 24 years. She stated that the City doesn’t always have private lessons offered and she has had lifeguards/managers on duty refer people to her for lessons. She stated that she hasn’t had any issues until this summer. She stated that she is concerned about how the insurance policy will be enforced when there are activities at the park, tennis courts, golf course, and many other facilities/trails that are not policed. She stated that the insurance information from CIRSA posted on the City’s web site stated that it is up to the City to decide if they would require insurance; however, the City is covered either way. She stated that she does not feel she should have to provide proof of insurance as it won’t be required by others that are teaching other classes in the City. She stated that the pool is the safest place to be as there are lifeguards all around and she commented that she has always followed all the rules. Mayor Sheek stated that staff has been instructed to provide wording for the policy that Council could review further, but nothing has been decided at this time. Cindy Elliott, 580 North Harrison, thanked Council for hearing her concerns which include a sense of uncertainty and suspicion. She stated that she has two signed statements regarding an incident at the City pool on Thursday, June 21, 2018. She stated that the individuals paid entry fees for the pool and witnessed the pool supervisor contact Ms. Domenichini. She questioned the absence of professionalism in the contact that was made with Ms. Domenichini and stated that she understands the City’s concern of liability and the requirement of insurance with today’s risk and the change in society. She stated that she read the proposed policy and noted that Ms. Domenichini was told that the policy Council is reviewing was already a set policy and was being enforced. She stated that Ms. Domenichini was confronted the day before (June 20, 2018) by the pool supervisor and she told Ms. Brown that she was giving swim lessons out of the kindness of her heart and enjoyment. The signed statements were handed to Councilmembers. 5. PUBLIC HEARINGS a. Ordinance No. 1254, Series 2018. Associate Planner Connolly stated that Ordinance No. 1254, Series 2018, rezones Lot 9A in the Christian Minor Subdivision, 2310 East Empire Street, from CITY COUNCIL REGULAR MEETING JULY 10, 2018 PAGE 3 Single-Family Residential (R-1) to Neighborhood Business (NB). She stated that Micah Rudosky, manager for Rudosky Unlimited, LLC, has applied to the City to rezone property located at 2310 East Empire. 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 these 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 current use of the building includes a fitness gym and gymnastics center. She stated that the Planning and Zoning Commission reviewed the use of the building at 2310 East Empire Street during their December 2017 meeting and interpreted the use of the building as legally non-conforming. She noted that the surrounding uses in the vicinity of the proposed rezoning are single-family residential to the north, east, and west and the property to the south is zoned Multi-family Residential (R-2) and property to the southeast is zoned Commercial Highway (C). She noted that the property was denied rezoning requests from R-1 to Commercial in the past (2005). She noted that allowed uses in the NB zone typically have less impact than the higher intensity uses found in the Commercial zone. She reviewed the criteria for rezoning property from Land Use Code Section 6.02 and noted that there has been increased development activity in recent years, including the construction of an apartment complex, a Maverik fueling station and church, all 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 purposes. She reviewed the comments received from various City Departments, affected agencies, and utility providers with no objections received. She reviewed the three conditions recommended with Ordinance No. 1254, Series 2018. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Keel moved that Council approve on final reading Ordinance No. 1254, Series 2018, an ordinance to rezone Lot 9A in the Christian Minor Subdivision, 2310 East Empire Street, from Single-Family Residential (R-1) to Neighborhood Business (NB) Zone, as submitted by Micah Rudosky, manager for Rudosky Unlimited, LLC, with three conditions. 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 b. Ordinance No. 1255, Series 2018. City Attorney Green stated that Ordinance No. 1255, Series 2018, an ordinance regarding the Justice Building Complex real estate and termination of the Justice Building Complex Agreement with Montezuma County. He stated that the City and County have jointly owned the Justice Building Complex located on Mildred and Empire Street and the County will be closing on the property which requires the City to deed the east parcel of the property to the County and the County to deed the west parcel to the City. Mayor Sheek opened the public hearing; however, no one else spoke and the hearing was closed. Mayor Pro-tem Lucero moved that Council approve on final reading Ordinance No. 1255, Series 2018, an ordinance regarding the Justice Building Complex real estate and termination of the Justice Building Complex Property Agreement with Montezuma County. Councilmember Noyes seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING JULY 10, 2018 PAGE 4 Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Voluntary Collection Agreement for Lodger’s Tax. Finance Director Moss acknowledged Kelly Kirkpatrick of Mesa Verde Country for helping the City contact AirBNB and start the process of collecting taxes on rentals in the community. She stated that AirBNB has a home-sharing website and they have an agreement with the State of Colorado to collect taxes for statutory towns. She stated that because the City of Cortez is home rule, the City does not fall under the same agreement; however, there is a voluntary collection agreement that can be signed with AirBNB to collect taxes for Cortez vacation rentals that are through AirBNB. In answer to a question from Mayor Sheek, Finance Director Moss stated that there will be no fee charged by AirBNB to collect the tax for the City. Councilmember Keel asked what percentage of the market AirBNB controls and Ms. Kirkpatrick, Executive Director for Mesa Verde Country, stated that her estimate is that AirBNB has approximately 30% in the vacation rental business which continues to grow. She stated that AirBNB is the only company that is currently volunteering to collect tax on behalf of communities for their rentals; however, that will change over time. Finance Director Moss stated that the agreement would be in effect by September and noted it is good to collect the tax that is lost revenue to the City. Councilmember Carlson moved that Council approve a Voluntary Collection Agreement for the purpose of collecting lodgers and sales tax from AirBNB properties and authorize the Mayor to sign the agreement. 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 b. Resolution No. 13, Series 2018. Grants and Special Projects Burkett stated that Resolution No. 13, Series 2018, establishes standard procedures for allowing and setting guidelines for public comments during City Council meetings. He stated that Council has had numerous sessions where they have discussed the possibility of establishing time limits for when the public addresses Council during citizen comment periods. He stated that Resolution No. 2, Series 1998, established guidelines for speaking only during public hearings. He stated that concern has been that the public has every opportunity to speak; however, it is felt, to be fair with each citizen, a time limit should be set so the meeting is timely and kept moving along. He stated that Resolution No. 13, Series 2018, would allow citizens the opportunity to speak after Council and staff presentations are made, with a limit of four minutes and the opportunity to speak twice on each agenda item. He stated that opportunities to speak by the public would be on an alternating basis. He stated that following the completion of citizen comments, Council members may debate among themselves and ask questions of staff or citizens. He stated that the resolution does not pertain to presentations which do not have a time limit. Discussion was held on the public hearing presentation by an applicant and Council agreed that the resolution would not limit the time applicants have to present their projects. After discussion by Council, it was suggested that the resolution be clear that citizen CITY COUNCIL REGULAR MEETING JULY 10, 2018 PAGE 5 comments (both in citizen participation and public hearing citizen comments) be limited to four minutes and that the applicant (proponent) and/or presentations would not be limited. Councilmember Carlson moved that Council table Resolution No. 13, Series 2018, establishing standard procedures for allowing and setting guidelines for public comments during City Council meetings, until the next Council meeting to make the resolution more clear in regard to citizen participation time. 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 c. Ordinance No. 1256, Series 2018. City Attorney Green stated that Ordinance No. 1256, Series 2018, approves the salary and compensation for the Municipal Judge of the City of Cortez. He stated that recently, legislation was passed that required all Municipal Court prisoners to be brought in front of the Judge within 48 hours of their arrest and detention. He stated that Municipal Court currently meets only once a week (Monday) and it has become necessary to have optional court dates on Wednesday and Friday if needed to allow law enforcement to pick up and hold persons for a Court date so they can be held accountable to the Judge. He stated that Court has been increasingly frustrated by defendants failing to appear in Court. He stated that during the review of the additional Court dates it was discovered that an ordinance needs to be completed to set the salary and hourly wage for the Cortez Municipal Judge as per City Charter Article VI. He stated that the ordinance would set the requirements for any Judge and, when the ordinance is approved on second reading, a contract would be completed with Judge Jim Shaner. Discussion was held on pay for the Judge and it was noted that the Judge’s current pay was approved with the budget. It was noted that the Substitute Judge is under a different contract. Councilmember Carlson moved that Council approve on first reading Ordinance No. 1256, Series 2018, approving the salary and compensation for the Municipal Judge of the City of Cortez, and set for public hearing on July 24, 2018. 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 d. Naming/Plaque at Cortez BMX Track. Director of Parks and Recreation Palmquist stated that the Cortez BMX youth organization has approached the City about the prospects of adding a facility sign and naming the Cortez BMX track area after the Mark Baxter Family. He stated that the Cortez BMX track has been in operation for almost eighteen years with numerous volunteers giving their time to maintain and improve the Cortez BMX track and the youth program. He stated that Mark and Stacey Baxter have been the track operators for over eleven years and have continued to volunteer after their son left Cortez to go to college. He stated that the Cortez Parks, Recreation, and Forestry Advisory Board members reviewed the request for naming the Parque de Vida bike complex after the Mark Baxter Family at their June 15, 2018, meeting and felt the Baxter Family met the criteria (Resolution No. 14, Series 2010) for naming the City facility after the family. He stated that three letters were received from the community supporting the facility naming recognition. He stated that after the Council worksession meeting on July 26, 2018, discussion CITY COUNCIL REGULAR MEETING JULY 10, 2018 PAGE 6 ensued about concerns of past community volunteers that have given time at the BMX facility and program, and they may be deserving of facility naming recognition for their volunteer work as well. He stated that staff would like a facility sign posted at the premises so the property is properly identified. Chris White, President of the Cortez BMX Group, 715 East Fourth Street, stated that he came to plea the case of why the BMX group would like to name the track after the Mark Baxter family. He stated that he has been a part of the group for over five years and has seen what Mark and Stacey have done to help the kids, not only with providing scholarships for kids that couldn’t afford to buy a bike and spending time with the kids to help them feel safe. He stated that he knows the Galyons, Vestals, and others have also given time to the track but he really feels Mark and Stacey are so deserving of this honor. He invited Council to attend the State qualifier race, which will host over 200 riders, on July 21, 2018, 1:00 p.m., at the BMX track. Councilmember Lavey stated that he has seen Mark and Stacey work many hours at the track and noted they love what they are doing for the City and the kids. Discussion was held on naming a sub-element (starting gate/finish line) of the track after the Baxter family. Council stated that the track is a sub-element of the BMX facility. Councilmember Keel moved to approve naming the BMX track at the Parque de Vida Bike Complex after the Mark Baxter Family in tribute to all of the volunteer work they have done for the Cortez BMX track and youth program. 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 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. 10. ADDITIONAL CITIZEN PARTICIPATION a. BMX Track Name. Neva Connolly stated that she feels the track should be named either the Baxter Family Track or the Mark and Stacey Baxter Family Track rather than just the Mark Baxter Family Track. Mr. White stated that the board would like to encompass the entire family as their son (Cole) has volunteered many hours as well at the track. Council agreed that the track be named the Baxter Family Track. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT a. Welcome Manager John Dougherty. Mayor Sheek welcomed new City Manager Dougherty to his first Council meeting. City Manager Dougherty complimented Director of Planning and Building Proffer for choosing great employees in his department and quoted Alexis de Tocqueville saying, “power corrupts, but absolute power corrupts absolutely.” He complimented the Planning and Building Department staff for being level headed and looking for compliance rather than enforcement. CITY COUNCIL REGULAR MEETING JULY 10, 2018 PAGE 7 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop/4th of July Appreciation. Mayor Sheek stated that discussion was held on a possible property trade for Texas Street and property by the Geer Natural Area pond. She stated that discussion was held on an Outside Instruction Policy and an update was given on the code enforcement process. Councilmember Lavey and Management Intern Heitzman spoke about classes they attended at the Colorado Municipal League Conference held in Vail in June. Mayor Sheek noted that a lot of nice comments have been received on the 4th of July fireworks this year and that they went off without a hitch. Mayor Pro-tem Lucero thanked Parks and Recreation, Public Works, and Police Department for all their work so the 4th of July fireworks could go off so well. b. Golf Advisory Board. Councilmember Keel stated that a Golf Advisory Board meeting was held on June 27, 2018, and discussion included revenues which are about the same as last year. Discussion was held on golf tournaments that have had good participation over the past month and upcoming tournaments for July and August. Councilmember Keel stated that discussion continues on the east access to the course and water usage. He stated that memorials at the golf course have been reviewed and issues with a couple of golf holes were reviewed. He stated the golf course is in great shape. c. New York Times Best-Selling Author Jonathan Evison in Cortez. Mayor Sheek stated that Mr. Evison will be present at the Sunflower Theater on Wednesday, July 11, 2018, 6:30 p.m., for the showing of a movie based on his book ‘Fundamentals of Caring.’ She stated that Mr. Evison will also be at the Library on Friday, July 13, 2018, to discuss his new book ‘Lawn Boy’ along with local author Chuck Greaves. d. Team Up Meeting. Mayor Sheek stated that at the recent Team Up Meeting discussion was held on a flyer that is being distributed by the USDA for people that receive SNAP/Food Assistance. She stated that the coupon allows for free Colorado-grown fruits and vegetables for every $1 spent at the local Farmer’s Market. e. CIRSA General Membership Meeting. Councilmember Lavey stated that he attended the CIRSA General Membership Meeting while at the CML Conference in Vail. He stated that a presentation was made on cyber security which was really interesting. Mayor Sheek stated that she and Councilmember Lavey would be attending a cyber security meeting on Monday, July 16, 2018, hosted by a retired naval captain. She stated that the comment was made that there are people that have been hacked and those that have not been hacked yet. f. Goodbye Stephanie Alderton. Councilmember Carlson thanked Ms. Alderton for covering City Council meetings for the Cortez Journal. Ms. Alderton stated that she would be moving from Cortez at the end of month. The regular meeting was adjourned at 8:40 p.m. CITY COUNCIL REGULAR MEETING JULY 10, 2018 PAGE 8 ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________ Linda L. Smith, City Clerk