City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, JULY 24, 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, Director of General Services Rick Smith, Patrol Lieutenant Andy Brock, Detective Lieutenant Ryan Loyd, Communications Supervisor Lori Johnson, Management Intern Peyton Heitzman, City Attorney Mike Green, City Manager John Dougherty, and City Clerk Linda Smith. There were three 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 July 10, 2018. b. Approval of the payment of the Expenditure Vouchers of July 24, 2018. c. Approval of a renewal Brew Pub Liquor License for L&D Development Inc., DBA J Fargos, located at 1209 East Main Street, Cortez. d. Approval of a Change in Corporation Structure, Corporate Name Change, and renewal Tavern Liquor License for Cortez Elks Association, DBA Cortez Elks 1789, located at 2100 North Dolores Road, Cortez. e. Approval of a renewal Hotel and Restaurant Liquor License for Once Upon LLC, DBA Once Upon a Sandwich, located at 7 West Main Street, Cortez. Councilmember Keel moved that Council approve the Consent Agenda with the additional expenditure list totaling $58,000.43. 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 – None. 5. PUBLIC HEARINGS a. Ordinance No. 1256, Series 2018. City Attorney Green stated that Ordinance No. 1256, Series 2018, is presented on second reading and would set the salary and compensation for the Municipal Judge. He stated that the State of Colorado recently imposed additional duties upon Municipal Courts regarding persons who are arrested and being held for Court. He stated that the individuals CITY COUNCIL REGULAR MEETING JULY 24, 2018 PAGE 2 must appear in Court or be released within 48 hours of their arrest which means arrestees are being freed before they can be brought to Court. He stated that currently Court is held only on Mondays and if needed, Court could be held on Wednesdays and Fridays. He stated that Ordinance No. 1256, Series 2018, sets a generic salary and hourly rate for compensation for the Cortez Municipal Judge should the optional court dates be needed. City Attorney Green spoke about the duties of the Municipal Judge. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Mayor Pro-tem Lucero moved that Council approve on final reading Ordinance No. 1256, Series 2018, an ordinance setting the salary and compensation for the Municipal Judge of the City of Cortez. 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 6. UNFINISHED BUSINESS a. Resolution No. 13, Series 2018. Grants and Special Projects Burkett stated that Resolution No. 13, Series 2018, was tabled at the July 10, 2018, Council meeting for further clarification. He stated that after Council’s suggestions, several items were added to the new version. He noted the changes that were made to the resolution clarifying standard procedures for allowing and setting guidelines for public comments during Council meetings. Mayor Pro-tem Lucero moved that Council approve Resolution No. 13, Series 2018, establishing a standard procedure for allowing and setting guidelines for public comments during City Council meetings. 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 7. NEW BUSINESS a. Letter of Support for a Statewide “Single Filing Portal”. Director of Finance Moss stated that staff is asking that Council approve a letter of support for a Statewide single filing portal that would allow out-of-town vendors with multiple sales locations within Colorado to file and remit their sales tax to each of the different municipalities. She stated that the State Legislature created a statewide task force to identify opportunities and challenges within the existing fiscal charters to adopt innovative revenue-neutral solutions that do not require constitutional amendments or voter approval. She stated that discussion has been held on ways to make it easier for merchant’s to file and remit sales tax returns and a request for proposals was sent out by the State for software firms who could develop such a platform. She stated that MuniRevs, who is the City’s on-line sales tax administrator, was awarded the undertaking of streamlining the process. She stated that staff recommends approval of the letter of support for the single filing portal. Discussion was held on when the portal may be available to use. Councilmember Noyes moved that Council approve the Mayor to sign the letter of support for a CITY COUNCIL REGULAR MEETING JULY 24, 2018 PAGE 3 Statewide “Single Filing Portal” which would allow area businesses with multiple sales locations within Colorado to file and remit from one website. 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. Application for DOLA Grant. Communications Supervisor Johnson stated that the Police Department would like to apply for a Department of Local Affairs (DOLA) grant in the amount of $750,000 to help pay for upgraded equipment that operates the communications system for all emergency services in Montezuma County. She stated that the equipment in the Dispatch Center was originally installed in 1996 and is over 20 years old. Councilmember Keel moved that Council approve an application for the Police Department to apply for a DOLA Grant. 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. Memorandum of Understanding between City of Cortez and the State of Colorado. Communications Supervisor Johnson stated that the City of Cortez and State of Colorado share communication towers to provide communication between law enforcement, emergency services, and fire service in southwest Colorado. She stated that the State of Colorado has had radio equipment, as well a State microwave link, housed in the basement and on the roof of the Justice Building located at 601 North Mildred Road, since 1974. She stated that with the sale of the Justice Building, the State is requesting the equipment be moved to the tower at the Cortez Police Department. She stated that the State would incur all costs in moving and maintaining the equipment. Councilmember Betts moved that Council approve a Memorandum of Understanding between the State of Colorado and City of Cortez for a shared communication site and system. 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. Set Public Hearing Date for a New Hotel and Restaurant Liquor License for Jimmers. City Attorney Green stated that a Hotel and Restaurant Liquor License application has been received from Jimmers Cortez LLC, DBA Jimmers, located at 439 East Main Street. He stated that a public hearing date needs to be set as well as the neighborhood boundaries for the petition process. It was noted that the liquor license approval will be presented as a Quasi-Judicial hearing. Mayor Pro-tem Lucero moved to set a public hearing date of August 14, 2018, for review of a new Hotel and Restaurant Liquor License for Jimmers Cortez LLC, Jimmers, located at 439 East Main Street, and the neighborhood boundaries be set as the City limits of Cortez. Councilmember Lavey CITY COUNCIL REGULAR MEETING JULY 24, 2018 PAGE 4 seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes e. Resolution No. 14, Series 2018. City Attorney Green stated that Resolution No. 14, Series 2018, approves a contract for the Municipal Judge services with James Shaner. He stated that the resolution has attached Exhibit 1 which outlines the Professional Services in detail for Mr. Shaner including his pay and training requirements. It was noted that Mr. Shaner is one of three employees hired by Council (the other two are City Manager and City Attorney). Discussion was held on having Mr. Shaner supply his invoices to Council monthly. Patrol Lieutenant Brock stated that the Police Department are spinning their wheels when someone is taken into custody as currently they can be released on a PR (personal recognizance) bond as soon as they are arrested. He stated that the manpower and paperwork has increased as some persons are arrested several times in a weekend. Mayor Pro-tem Lucero moved to approve Resolution No. 14, Series 2018, approving a contract for Municipal Judge services with James Shaner. Councilmember Noyes seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes f. Board of Adjustment and Appeals Appointment. Management Intern Heitzman stated that the Board of Adjustment and Appeals is made up of five appointments, one of which is currently vacant. She stated that Rachel Medina currently serves on the Planning and Zoning Board and has applied for the open seat. She noted that the Land Use Code allows for two members of the Planning and Zoning Board to serve on the Board of Adjustments and currently Tom Butler also serves from the Planning and Zoning Commission. In answer to a question from Mayor Pro-tem Lucero, City Attorney Green stated that the Planning and Zoning Board makes recommendations to Council and their decisions are not usually appealed. City Attorney Green stated that the Board of Adjustment and Appeals would be reviewing staff decisions that are being appealed or hearing variance requests. Councilmember Lavey moved to appoint Rachel Medina to the open seat on the Board of Adjustment and Appeals. 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 Council thanked Ms. Medina for attending the meeting. 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. CITY COUNCIL REGULAR MEETING JULY 24, 2018 PAGE 5 10. ADDITIONAL CITIZEN PARTICIPATION – None. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT a. City Hall Suggestion Box. City Manager Dougherty stated that the City has received two suggestions in the City Hall Suggestion Box commenting on the panhandlers in town. He stated that the Supreme Court has ruled that panhandlers cannot be dealt with by City officials due to the Freedom of Speech rule and that the best way to stop the panhandlers is to not give them money but instead donate to a charity that can help people in need. He stated that he hopes that the next time the person comes to City Hall, he will be able to speak with them on the situation. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that discussion was held on City Council emergency training, regular meeting agenda items 7a (Single Filing Portal), 7b (Application for a DOLA Grant), and 7c (Memorandum of Understanding for Radio Tower) were reviewed, and an update was given on the happenings of the Public Art Committee. She stated that discussion was also held on the public survey questions for the fiber project. b. Montezuma Community Economic Development Association (MCEDA). Councilmember Carlson stated that she attended the MCEDA meeting and discussion included the Executive Director resignation and letters of interest that have been received for the position. She stated that outreach is being continued on the function of MCEDA to bring in new members. She stated that discussion was also held on Rural Philanthropy Days which is set for September 12, 13, and 14, 2018. c. Cortez Cultural Center Board. Councilmember Lavey attended the Cultural Center Board meeting on July 17, 2018, and stated that discussion was held on the recent events held at the center including the Pueblo to Pueblo Race, the Birding Festival, and the Paint and Sips. He stated that the Cultural Center is approved for a grant of $10,000 for the Historical Fund and the dance plaza has had some issues during the rains which are being improved. He stated that the sign in honor of Patsy Brown will be installed soon and a stone needs to be moved by the kiva. Councilmember Lavey spoke of upcoming events and stated that the Native dances are going well with good attendance. He stated that a membership drive continues for the Center. d. Parks, Recreation, and Forestry Advisory Board. Councilmember Lavey stated that the Parks, Recreation, and Forestry Advisory Board meeting was held at the Carpenter Natural Area on July 20, 2018, and discussion was held on the pickleball court ribbon cutting, naming of the BMX Track after the Baxter Family, and the recent BMX race. He stated that discussion was also held on possible identification signage of plants in the Carpenter Natural Area. He stated that a tour was given of the recently repaired trails in the Carpenter/Geer Natural Area. e. Mesa Verde Country Meeting. Mayor Sheek stated that she and Councilmember Noyes attended the Mesa Verde Country meeting on July 11, 2018, and discussion was held on the new company CITY COUNCIL REGULAR MEETING JULY 24, 2018 PAGE 6 that has been hired to oversee changes to the website. Mayor Sheek stated that Lodgers Tax is currently flat and discussion was held on the Colorado Tourism office who is offering a program to rural communities to provide education and assist rural programs to become more connected through tourism. She stated that Kelly Kirkpatrick, Executive Director, attended a conference to meet with domestic and international tour guides, media writers, and journalists. Mayor Sheek stated that visitation in Colorado is up 29% over the last five years with the UK and Ireland being the top two countries with visitors. She stated that discussion was held on the recently held Farm and Ranch Tours which will again be offered this fall after a few changes. Discussion was held on the use of pictures that can be uploaded to personal websites and Facebook to help with marketing the area. Councilmember Noyes spoke about BBC Radio which will be offering a program on indigenous foods. He stated that discussion was also held on Aramark tours being sold at Crow Canyon and new vacation rentals that are available in the County. f. Thanks to Animal Kennel/Animal Control Officer Lari Ann Pope. Councilmember Keel thanked the employees that work at the Animal Kennel as they have been helpful during his family’s discussion in finding a dog. He also thanked Animal Control Officer Pope for helping him deal with a cat problem. g. Chronic Therapy Open House/Community Garden/Donation for Trees. Mayor Sheek noted that Chronic Therapy will have an open house for their new store on Friday, July 27, 2018, at noon. She stated everyone is welcome to stop by. Mayor Sheek stated that she and Councilmember Lavey attended the Community Garden event prior to the Council meeting and Kinder Morgan gave a $4,500 donation for the construction of a pergola that was built in the garden area. She stated that Glenn Leighton also contributed funding for four curved benches for the garden area in honor of his brother Gregg Leighton. Mayor Sheek stated that the Community Garden located next to the Recreation Center has become a beautiful spot. City Clerk Smith stated that Glenn Leighton also delivered a check ($500) to Council during the workshop to go towards the replacement of the tree that was removed when his awning was constructed last year. h. Comedy Show at Sunflower Theater. Councilmember Carlson noted that two different comedy shows will be held on Friday, July 27, and Saturday, July 28, 2018, at the Sunflower Theater. She stated that the comedy is for age 21+ and she invited everyone to attend. She stated that Crow Canyon will be at the event sharing information on their programs. The regular meeting was adjourned at 8:35 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________ Linda L. Smith, City Clerk