City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, AUGUST 14, 2018 1. The meeting was called to order at 7:35 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 Chief of Police Roy Lane, Director of Planning and Building Sam Proffer, Library Director Eric Ikenouye, City Planner Tracie Hughes, Municipal Court Clerk Carla Odell, Management Intern Peyton Heitzman, City Attorney Mike Green, City Manager John Dougherty, and City Clerk Linda Smith. There were eight 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 24, 2018. b. Approval of the payment of the Expenditure Vouchers of August 14, 2018. c. Approval of a renewal Liquor Store License for Turbros LTD, DBA Cork N’ Bottle, located at 443 East Main Street, Cortez. d. Approval of a renewal 3.2% Beer Off Premises Liquor License for Dillon Companies LLC, DBA City Market #8, located at 508 East Main Street, Cortez. e. Approval of a renewal Brew Pub Liquor License for Wildedge Brewing Collective LLC, DBA Wildedge Brewing Collective, located at 111 North Market Street, Cortez. f. Approval of two Special Event Permits for the Community Resource Center to host receptions for the Rural Philanthropy Days to be held on Wednesday, September 12 and Thursday, September 13, 2018, at the Parque de Vida pavilion. Mayor Pro-tem Lucero moved that Council approve the Consent Agenda with the additional expenditure list totaling $167,116.37. 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 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION a. Young Visitor from Japan. Huga (no last name was mentioned) from Japan presented information to the Mayor from his Country and in answer to a question from Councilmember Keel, Huga stated that he liked the mountains. His host family stated that Huga lives in a City by the CITY COUNCIL REGULAR MEETING AUGUST 14, 2018 PAGE 2 ocean in Japan and arrived in Cortez on July 23, 2018, and would be leaving on August 16, 2018. Huga read to City Council the Book ‘Harry the Dirty Dog’ and Mayor Sheek presented him with a City pin and thanked him for coming. b. Walk to End Alzheimer’s. Kathy Retherford invited Council to attend the ‘Walk to End Alzheimer’s’ which would be held in City Park on Saturday, September 15, 2018, beginning at 8:00 a.m. She spoke about how the disease has affected her family and that anyone can donate to the cause which may lead to a cure someday. 5. PUBLIC HEARINGS a. New Hotel and Restaurant Liquor License for Jimmers. Chief of Police Lane stated that he completed the investigation on the application for a Hotel and Restaurant Liquor License for Jimmers, located at 439 East Main Street. He stated that public notice was given by posting a sign on the premise on July 9, 2018, and in the Cortez Journal on July 24, 2018. He stated that several other businesses have the same type of liquor license in the immediate area and a poll of the surrounding neighborhood and businesses showed 55 people were in favor of granting the license, zero were against, and ten were neutral and did not wish to express an opinion. He stated that the location complies with Colorado Liquor Code Rules and Regulations and the location does not create any known public safety or endanger public health. He stated that a copy of the report was delivered to the applicant on August 2, 2018, and in answer to a question from City Attorney Green, Chief of Police Lane submitted his report to be included with the record. Jim LaRue, representing his wife Shanda LaRue, stated that the restaurant has been open in its current location for over eight years and many customers have asked to have a beer or glass of wine with their meal. He presented six petitions that were completed by patrons of the restaurant in support of the liquor license. The petitions were entered into the record. Mr. LaRue stated that the business would not operate as a bar and would continue to close at 9:00 p.m. He asked that Council issue a liquor license to Jimmer’s. City Attorney Green stated that the application is complete and staff recommends approval of the Hotel and Restaurant Liquor License. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Mayor Pro-tem Lucero moved that after considering the reasonable requirements of the neighborhood, the desires of the adult inhabitants, the necessity of any restrictions on the license, the good character of the applicants, and compliance with all the provisions of Title 12, Article 47, Colorado Revised Statutes, that Council approve a new Hotel and Restaurant Liquor License for Jimmers Cortez LLC, DBA Jimmers, owner Shanda LaRue, located at 439 East Main Street, Cortez. 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 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Resolution No. 16, Series 2018. City Planner Hughes stated that Resolution No. 16, Series 2018, CITY COUNCIL REGULAR MEETING AUGUST 14, 2018 PAGE 3 approves an amendment to an approved site plan to construct a shed at Osprey Base Camp, located at 800 North Park Street. She stated that the property is located in the Planned Unit Development (PUD) Zoning District. She stated that normally this type of request would not be presented to Council; however, the Montezuma County PUD agreement has a section that addresses the process for amending an approved site plan. She stated that the shed would be located to the southeast of the existing structure adjacent to the dog run and approximately 30 feet from the east interior property line. She stated that the shed would be 120 square feet and is designed to be complimentary to the main structure in colors and construction materials. She stated that the Planning and Zoning Commission unanimously approved the amendment on August 7, 2018. She stated that staff recommends approval of the shed as the applicant has shown substantial ability to comply with the requirements of the Land Use Code and the Montezuma County PUD Agreement. In answer to a question from Councilmember Keel, City Planner Hughes stated that the shed would be used to store outdoor lawn care equipment. She also noted that all the setbacks have been met. Councilmember Lavey stated that he visited the property to see where the shed would be located and he feels it would be a good fit on the property. In answer to a comment from Mayor Sheek, Ms. Bunker stated that dogs are allowed to come to work with their owners and there are about 15 dogs that come on different days. Councilmember Carlson moved that Council approve Resolution No. 16, Series 2018, approving an amendment to an approved site plan to construct a shed at Osprey Base Camp, located at 800 North Park Street with the following two conditions: a) All requirements of utility providers, City departments, and affected districts must be satisfied, as outlined in adopted city codes and other regulatory documents. Specifically, all public improvements shall comply with the minimum requirements of the 2009 City of Cortez Construction Design Standards and Specifications; and b) The appropriate construction drawings and reports for the projects must be approved by the Building Official and City Engineer and building permit obtained prior to any construction on site. 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. Rezoning and Subdivision of County Property Adjacent to City Owned Property. City Planner Hughes stated that Triad Western Constructors, Inc. has applied for a two-lot subdivision of property located at 7378 Road 24.3, in Montezuma County in the one-mile urban influence area. She stated that the property is located west of the City owned softball fields. She stated that the applicant is also requesting a rezone of the property from A/R ES (existing subdivisions) to INDHZ (heavy industrial). She stated that the Cortez Planning and Zoning Commission reviewed the proposal at their August 7, 2018, meeting as the property is within the three-mile urban influence area and found the property to be in conformance with the Master Streets Plan; however, the Commission has recommended to Council that the compatibility of heavy industrial uses adjacent to the ballfields may be of concern and asked that the County inform the City of any future development of the property. City Planner Hughes stated that the area is fairly well developed with commercial uses and noted the uses by right that would be allowed should the property be zoned heavy industrial. Mayor Pro-tem Lucero stated that he would like the empty buildings to be occupied. Mayor Sheek stated that her concern is that the property is located next to the ballfields where there are families. Discussion was held on the fences being in good shape and it was noted CITY COUNCIL REGULAR MEETING AUGUST 14, 2018 PAGE 4 that the ballfields are mostly used in the evenings and on weekends. Council agreed that a letter needs to be sent expressing concerns on fencing, safety, noise, pollution, dust, and other environmental issues. Also, Council asked that they be notified of any future development on the property. Councilmember Carlson moved that Council authorize the Mayor to sign a letter composed by staff to address Council’s concerns (as stated above) regarding the proposed rezoning and two-lot subdivision for property located at 7378 Road 24.3. 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 c. Appointment to the Cortez Public Library Advisory Board. Library Director Ikenouye stated that he met with John Kennedy who had applied for the opening on the Cortez Public Library Advisory Board and reviewed the process for serving on the board. Library Director Ikenouye stated that there is a lot going on at the Library and Mr. Kennedy has great interest in serving the community. Mayor Sheek thanked Mr. Kennedy for attending the meeting. Mr. Kennedy stated that he would do his best on the board. In answer to a question from Mayor Pro-tem Lucero, Library Director Ikenouye reviewed who is currently serving on the Cortez Public Library Advisory Board. Councilmember Lavey moved that Council approve the appointment of John Kennedy to the Cortez Public Library Advisory Board. Councilmember Keel seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek No Yes Yes Yes No Yes Yes d. Set Public Hearing Date for a New Retail Marijuana Store. City Attorney Green stated that a new Retail Marijuana Store license has been received from NuVue Pharma, LLC, owner Dr. Malik M. Hasan. He stated that the property is vacant and is tentatively addressed as 503 Patton Street. He stated that the property has been posted and a public hearing date needs to be set for reviewing the application. Mayor Pro-tem Lucero moved to set a public hearing date of September 11, 2018, for review of a new Retail Marijuana Store to be tentatively located at 503 Patton Street, Cortez. Councilmember Carlson seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes No Yes e. Request to Pursue DOLA Attorney First Appearance Grant. Management Intern Heitzman stated that the City of Cortez has the opportunity to pursue a one time grant as a result of a new court expense mandated from Colorado Revised Statute (CRS) 13-10-10-114.5, which became effective July 1, 2018. She stated that the new statute requires that the City provide an attorney to represent CITY COUNCIL REGULAR MEETING AUGUST 14, 2018 PAGE 5 all incarcerated defendants for first appearance at the City’s expense. She stated that the purpose of the grant is to reimburse Municipal Courts for the additional expenses associated with providing attorney representation. She stated that the grant is offered by the Department of Local Affairs (DOLA) and is solely for the month of August 2018. It was noted that attorneys are paid $65.00 per hour and it is felt that there will be an estimated four hours a week for additional attorney time. Management Intern Heitzman stated that the reimbursement amount is estimated to be approximately $1,000 for the month of August. In answer to a question from Councilmember Carlson, Municipal Court Clerk Odell explained the process for using the four different attorneys who would alternate for the first appearance requirement and City Attorney Green stated that there is not much conflict-of-interest with defendants and attorneys. Discussion was held on other grant money that could be available to help pay for the new regulation expense. Councilmember Keel moved to approve the request to pursue the Municipal Court First Appearance Grant offered by DOLA and authorize the Mayor to sign a letter stating that Cortez Municipal Court may seek reimbursement and that the City has evaluated TABOR limitations and can accept these dollars. 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 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. Southside Park Meeting/Third Thursday Event. City Manager Dougherty stated that the first of three community meetings on the new south park was held on Monday, August 13, 2018, at the Evangel Assembly Church with over 100 people in attendance. He stated that 260 people have completed the on-line survey on the park as well. He stated that two more public meetings will be held with the next meeting scheduled for September 18, 2018. Councilmember Carlson commented that the banners that have been placed at the southside park to inform the public of the open meetings are eye catching as they are easy to see and read and are an effective way to inform the public. City Manager Dougherty stated that the Third Thursday event would be held on August 16, 2018, and school back packs will be distributed to the children in attendance. He stated that free haircuts will also be available. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that Council retook their pictures and reviewed the process for the 2019 Community Support Grants. Also, the broadband project questions were reviewed and an update was given on the Water Conservation Plan goals, water CITY COUNCIL REGULAR MEETING AUGUST 14, 2018 PAGE 6 saving measures, and implementation schedule. Discussion was held on a possible pocket park on Main Street and support for the City Manager serving on a Colorado Municipal League (CML) committee. Mayor Sheek stated that Council was informed that the closing on the old MCHS school property will be delayed until November 2018. She stated that Mike Pasquin, County Emergency Manager, introduced himself to Council. b. Golf Advisory Board Meeting. Councilmember Keel stated that he attended the Golf Advisory Board meeting on July 25, 2018, and discussion included golf tournaments that were being held over the next month. He stated that a report was given on maintenance of the course including sod on the forward tee boxes and how to handle memorial benches/tree donations in the future. He stated that discussion was also held on water issues. He stated that Golf Course Superintendent Tom Kramlich is doing a great job. c. Historic Preservation Board. Councilmember Betts stated that the Historic Preservation Board meeting was held on August 1, 2018, and discussion was held on developing the podcast that a grant was recently obtained for. d. Cortez Cultural Center. Councilmember Lavey stated that the Cortez Cultural Center is hosting the last codetalker (Sam Sandoval) program tonight (August 14, 2018). e. Comedy Time. Councilmember Carlson stated that the past comedy shows have brought many new people to the community and all the comedians have stated how much they love Cortez and performing at the Sunflower Theater. The regular meeting was adjourned at 8:40 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________ Linda L. Smith, City Clerk