City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, AUGUST 28, 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 Parks and Recreation Dean Palmquist, Director of Planning and Building Sam Proffer, Associate Planner Neva Connolly, Management Intern Peyton Heitzman, Director of General Services Rick Smith, Director of Public Works Phil Johnson, City Attorney Mike Green, City Manager John Dougherty, and City Clerk Linda Smith. There were 36 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 August 14, 2018. b. Approval of the payment of the Expenditure Vouchers of August 28, 2018. c. Approval of a renewal 3.2% Beer Off Premises Liquor License for Good 2 Go Stores LLC, DBA Good 2 Go Stores LLC, DBA Good 2 Go, located at 717 South Broadway, Cortez. d. Approval of a renewal 3.2% Beer Off Premises Liquor License for Good 2 Go Stores LLC, DBA Good 2 Go, located at 302 West Main Street, Cortez. e. Approval of a renewal Tavern Liquor License for Cortez Conference Center LLC, DBA Destination Grill, located at 2121 East Main Street, Cortez. Councilmember Keel moved that Council approve the Consent Agenda with the additional expenditure list totaling $168,146.19. 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 a. 2018 Community Project of the Year Award from Mountain Connect. Mayor Sheek (in place of Jeff Gavlinski who had a family emergency) presented the City of Cortez and Director of General Services Smith with the 2018 Community Project of the Year Award. She spoke about the award which was presented to Rick at the Mountain Connect Conference held in June. She spoke about the accomplishments that the City has achieved with broadband through Rick’s hard work and noted that Rick has not waivered from his vision of broadband for the community and continues to move the vision forward. She spoke about the current feasibility study that is being completed which will determine the possibility of fiber to the home. Director of General Services Smith CITY COUNCIL REGULAR MEETING AUGUST 28, 2018 PAGE 2 thanked the City departments and current and previous City Councils that have supported the broadband projects over the years. He stated that Mountain Connect supports broadband throughout the Rocky Mountain region and they give three awards each year recognizing a community, a wireless internet provider, and a service/manufacturer. He commented that it is an honor for the City of Cortez to receive the award and stated that it is a humbling and grateful feeling to be recognized by your peers. 4. CITIZEN PARTICIPATION b. Questions on Median Project. Sherry Noyes, who lives in Pleasant View but owns property in Cortez, stated that she feels the new median is unsafe, inconvenient, and ugly because of signs. She stated there are nine large signs, eight extra signs on both sides of the street, and reflector posts. She stated that there is only one opening for a car turning into McDonalds which could cause issues for someone wanting to turn into North Edith Street. She stated that Cortez is an agricultural town as much as a tourism town and turning left out of the Big R east exit was already hard to do for a small vehicle but even more difficult for a truck with a trailer. She stated that it will take a lot of time and patience to come out of the west Big R exit. She stated that she has heard there have been a few accidents at the new median location already. She stated that the new median being constructed does not look like it is being built to specs as the community was told it would be 1/3 turning lane, 1/3 median, and another 1/3 turning lane. She asked if the City is on budget for the project to date. She questioned if Council still thinks the medians are a good idea and thanked Council for the opportunity to express her opinions. 5. PUBLIC HEARINGS a. Resolution No. 17, Series 2018. Associate Planner Connolly stated that Resolution No. 17, Series 2018, approves a conditional use permit to establish a church at 2220 East Main Street, in the Commercial Highway (C) zoning district. She stated the property consists of Lot C-8 of the Cortez Plaza Tract C Subdivision with a lot size of 5.17 acres. She noted the building was previously the location of Wal-Mart and the church plans to lease approximately 20,000 square feet of the building. She noted that the Rock Springs Church employs four full-time staff members and six part-time staff members. She stated that the building would be renovated to include an auditorium, smaller auditorium for youth/children gatherings, multiple classrooms, a kitchen, resource center/book store, and a coffee bar. She noted that the church is not proposing a daily K-12 school and should they chose to do that at a later date, they would need to reapply for a new conditional use permit. She stated that the Colorado Department of Transportation (CDOT) has commented that the location would be permitted under the old Wal-Mart access permit and would not need any changes to access as the proposed use is considered a lower traffic generator. Associate Planner Connolly spoke about the parking requirements and noted that there are 212 spaces available for the church and the parking lot has recently been striped. She stated that staff recommends approval of the project through Resolution No. 17, Series 2018, with five conditions. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Keel moved that Resolution No. 17, Series 2018, approving a conditional use permit to establish a church at 2220 East Main Street, in the Commercial Highway (C) zoning district, with the five conditions as follows: a) all requirements of utility providers, City CITY COUNCIL REGULAR MEETING AUGUST 28, 2018 PAGE 3 departments, and affected Districts must be satisfied, as outlined in adopted City Codes and other regulatory documents, specifically in reference to Building Code and Fire Code requirements; b) City Engineering requirements must be met, including ADA accessible routes and parking requirements (ADA striping or resurfacing); c) Any exterior lighting shall be contained on the property, as per Land Use Code Section 5.07 – Performance Standards; d) the appropriate construction drawings for the project, signed and stamped by a Colorado-licensed architect or engineer, must be approved by the Building Official and City Engineer and a building permit obtained prior to any construction on site; and e) prior to development of the leasable space in the building, proposed lease holders must have approval by the Planning and Building Development to ensure the proposed use is compatible and that required parking can be met. 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. 18, Series 2018. Associate Planner Connolly stated that Resolution No. 18, Series 2018, approves an Amended Plat of Unit 2617 of Tract A-2 Fairway Estates. She stated that Joan Luhman would like to adjust the lot line between her townhome and the common area of the Golf Course Villas Townhomes. Associate Planner Connolly stated that Ms. Luhman would like to add a 174-square foot addition to her home which would encroach into the townhome common area. She noted that the Golf Course Villas have five units and each townhome owner is required to sign the amended plat due to equal ownership in the common area. She stated that the deeds of each homeowner may need to be updated to include reference to the proposed plat if it is approved by City Council. She reviewed Section 6.09 of the Land Use Code and stated that the request meets criteria no. 9 as the proposal is to relocate the lot line. She noted that staff recommends approval of the project through Resolution No. 18, Series 2018, with three conditions. Councilmember Lucero moved that Council approve Resolution No. 18, Series 2018, approving the Amended Plat of Unit 2617 of Tract A-2 Fairway Estates, with three conditions as follows: a) all requirements of utility providers, City departments, and affected districts must be satisfied, as outlined in adopted City Codes and other regulatory documents; b) affected property owners are hereby notified they will need to update their deeds to reflect the change in legal description and/or ownership; and c) the plat shall be recorded at the Montezuma County Clerk and Recorder’s Office within six (6) months of Council approval, in accordance with Land Use Code Section 6.05 (d)(2). 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 b. Advertisement of the Draft 2018 Water Conservation Plan. Director of Public Works Johnson stated that Council and staff have completed their discussion on the draft 2018 Water Conservation Plan and, in accordance with State requirements, the final draft is required to be advertised for a CITY COUNCIL REGULAR MEETING AUGUST 28, 2018 PAGE 4 sixty (60) day comment period. He stated that once the comment period has ended and all questions and comments addressed, the plan will need to be approved by ordinance and then submitted to the Colorado Water Conservation Board for their approval. He noted that a copy of the plan is available at City Hall, the City Service Center, and the City’s website for residents to review and make comments. He noted that the comment period will run from August 31, 2018 to October 31, 2018. He stated that public comments will be included as part of the plan. Councilmember Noyes moved that Council direct staff to advertise the Draft 2018 Water conservation Plan for the required sixty (60) day comment period. 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 c. Appointment to the Parks, Recreation, and Forestry Advisory Board. Director of Parks and Recreation Palmquist stated that a letter was received from Sawyer Dietrich to serve as a youth representative on the Parks, Recreation, and Forestry Advisory Board. He stated that the Parks, Recreation, and Forestry Advisory Board discussed Mr. Dietrich serving on the board and have given their unanimous support for his appointment for a one-year term. Councilmember Lavey stated that Mr. Dietrich would be present at the Council meeting; however, he is working at Moose and More. Councilmember Betts moved that Council approve the appointment of Sawyer Dietrich as a student representative on the Parks, Recreation, and Forestry Advisory Board. 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 d. Bid for Production of the Historic Preservation Podcast. Management Intern Heitzman stated that in March 2018, Council approved the Historic Preservation Board’s request to apply for a grant from History Colorado for the purpose of developing a podcast that shares the unique history of Montezuma Avenue. She stated that the grant of $7,708 was awarded and bids were sent out for creation of the podcast. She stated that five bids were received and the Historic Preservation Board believes the services offered by KSJD (at a bid amount of $7,500) will be the best fit for the project. She stated that the KSJD has pledged to host the podcast through their website as well as set up a link to the podcast from the City’s website which will allow the podcast to be available in multiple locations, and avoid the City paying an additional $1,000 fee that would be required by the City’s website to format the podcast. She stated that table tents would also be produced which will advertise the podcast. In answer to a question from Councilmember Keel, Linda Towle, Vice- Chairperson of the Historic Preservation Board, stated that the podcast for Montezuma Avenue would be a separate podcast from the several other podcasts that have been created over the past year (Ancient Voices and Cultural Center/McElmo); however, they could be tied together. Councilmember Lavey moved to approve the bid from KSJD for the production of a Historic Preservation podcast in the amount of $7,500. Councilmember Carlson seconded the motion, and CITY COUNCIL REGULAR MEETING AUGUST 28, 2018 PAGE 5 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 – None. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that the Council worksession included the final review of the draft Water Conservation Plan and a presentation was given on the Three-Mile Plan and Master Streets Plan. She announced the dates for debates held over the next few months for candidates running in the November election. b. Golf Advisory Board. Councilmember Keel stated that he missed the Golf Advisory Board meeting but he heard the Pinto Bean Golf Tournament was very successful. It was noted that the Pinto Bean fireworks were awesome. Councilmember Keel stated that revenue at the golf course has increased and thanked Special Events Jon Brooks for the great job he has done in promoting the golf course. c. Library Advisory Board. Mayor Sheek stated that she and another member of the Library Advisory Board reviewed the plans that have been submitted on renovating the Library. She stated that the list was narrowed down and information will be shared with Council in the near future. d. Parks, Recreation, and Forestry Advisory Board. Councilmember Lavey stated that the Parks, Recreation, and Forestry Advisory Board was held on August 17, 2018, at the Denny Lake Park. He stated that the board received a tour of the reconstruction area which has been cleaned up and turned into a fishing space. He stated that the board also toured the dog park which is located next to Denny Lake. He thanked the Parks staff for their work on keeping the parks so nice. It was noted that the City has received over 300 surveys on the new south community park and Councilmember Lavey stated that the next meeting for the community to discuss the development of the south park will be held on September 18, 2018, at the new park site (old MCHS property). e. Cortez Cultural Center Board. Councilmember Lavey stated that discussion at the Cortez Cultural Center Board meeting included the Historic Structure Assessment grant recently received and work that has been completed on the plaza. He stated that Tyana and Lupita Arviso will have a photography art display on September 7, 2018, at the Cortez Cultural Center. Councilmember Lavey spoke about the ongoing membership drive and noted that 14,037 people attended the Native CITY COUNCIL REGULAR MEETING AUGUST 28, 2018 PAGE 6 American Dances in July. He stated that the tour to northern New Mexico is full. The regular meeting was adjourned at 8:20 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________ Linda L. Smith, City Clerk