City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 11, 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 Chief of Police Roy Lane, Management Intern Peyton Heitzman, Director of Public Works Phil Johnson, City Planner Tracie Hughes, Associate Planner Neva Connolly, City Attorney Mike Green, City Manager John Dougherty, and City Clerk Linda Smith. There were approximately 62 people present in the audience. Mayor Sheek thanked the citizens in attendance at the meeting and took a moment to reflect on the happenings from 17 years ago (9/11). 2. The Consent Agenda items acted upon by Council were as follows: a. Approval of the Worksession and Regular Meeting Minutes of August 28, 2018. b. Approval of the payment of the Expenditure Vouchers of September 11, 2018. c. Approval of a renewal Hotel and Restaurant Liquor License for Taste of India, DBA Taste of India, located at 1013 East Main Street, Cortez. d. Approval of a renewal Brew Pub Liquor License for Four Corners Brewing LLC, DBA Main Street Brewery and Restaurant, located at 21 East Main Street, Cortez. e. Approval of a renewal Medical Marijuana Center/On Site Optional Premises Cultivation License for David Krzysztofiak LLC, DBA The Herbal Alternative, located at 1531 Lebanon Road, Cortez. f. Approval of a Special Event Permit for the Alzheimer’s Association to host a beer tent at their fundraiser to be held on September 15, 2018, in Cortez City Park. Mayor Pro-tem Lucero moved that Council approve the Consent Agenda with the additional expenditure list totaling $429,026.63. 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 a. Renovation of the Food Co-op Site. Mayor Sheek spoke about the renovation of the Food Co-op site that is newly located on Beech Street. She stated that a mural will be placed on the side of the building and that citizens could drop by the building and see what is going on. 4. CITIZEN PARTICIPATION CITY COUNCIL REGULAR MEETING SEPTEMBER 11, 2018 PAGE 2 a. Request for Letter of Support. David Nuttle, of Needful Provision, Inc., spoke about the need to receive a letter of support from the City of Cortez for a grant that would be applied for to develop a greenhouse and poultry house with a solar attic. He spoke about the food that would be grown in the greenhouse which would be given to the Good Samaritan food pantry. Mayor Sheek asked that Mr. Nuttle speak with City staff to have his information included on a Council agenda for approval of the letter. b. Comment on Marijuana License. Pastor Bruce Burkett of Lighthouse Baptist Church thanked everyone that serves the City and stated that he would like to offer comments on the marijuana license that will be discussed in the meeting. Mayor Sheek stated that Mr. Burkett would have time to speak on the matter during the public hearing process. 5. PUBLIC HEARINGS a. New Retail Marijuana Store License for NuVue Pharma, LLC. Mayor Sheek stated that the request for a new retail marijuana store will be handled as a Quasi-Judicial item and asked if any Councilmember has had contact with anyone on the issue; however, no one spoke. City Attorney Green stated that NuVue Pharma, to be located at 503 Patton Street, has met all distance requirements by the City and State. Chief of Police Lane stated that a background check was completed on the owner, Dr. Malik Hasan, and the report shows there are no adverse issues. Paul Lyons, Vice-President of NuVue Pharma, stated that the owner, Dr. Hasan, has a great passion for health care and the attributes that cannabis has for patients. He stated that Dr. Hasan owns another retail store/grow in Pueblo. He stated that the business would be professional and the site would be developed with attractive amenities. He stated that Cortez is a nice community that they would like to be a part of. In answer to a question from Mayor Sheek, Mr. Lyons stated that they would be opening a retail marijuana store, not a medical marijuana store. Mr. Lyons stated that someday they would like to offer medical marijuana in Cortez, but retail is what pays the bills. Attorney Kelly McCabe, representing the applicant, stated that the applicant has complied with all the requirements of the City and State laws and they have been determined to be within the correct proximity away from schools and other dispensaries in the community. He pointed out that the hearing is not to decide whether marijuana is good or evil as that has already been decided by the law makers. He noted that the company has a good record and asked that Council approve the license. Councilmember Keel asked what kind of background was done by the company to chose Cortez for their new store. Mr. Lyons stated that he has been to Cortez seven times and feels the area is a fantastic place to be and that it was his idea to come to Cortez. Attorney McCabe stated that NuVue feels they can bring a quality store to the area and, from an economic standpoint, feels Cortez is a good choice for them. Mayor Sheek opened the public hearing. Bruce Burkett stated that he lives in Cortez and is a Pastor for the Lighthouse Baptist Church. He stated that he feels a majority of people think there are enough stores in Cortez. He spoke about the aspects of marijuana and the problems that it has caused across the State. He spoke of biblical passages that speak against addiction and urged Council not to approve the license. Wayne Cook, third generation from Mancos, stated he is not an advocate for or against but stated he CITY COUNCIL REGULAR MEETING SEPTEMBER 11, 2018 PAGE 3 is a concerned citizen. He stated that there are 22 dispensaries within 50 miles of Cortez. He asked that the license be denied for Mr. Hasan and noted that Mr. Hasan is being sued in Pueblo, referencing an article in the Pueblo newspaper on June 15, 2018. He stated that there are 12 single- family residences located by the property proposed for the new dispensary and more homes are located across Highway 160. Attorney McCabe stated that anyone can file a lawsuit in the United States and NuVue feels there is no validity to the suit and that the suit should not have any bearing on the license request. Sherry Noyes, 113 North Linden, stated that she is not for or against marijuana; however, she asked what the limit is on how many licenses the City can have and what happens when New Mexico and Arizona have marijuana legalized and no one comes to Cortez any more. Debbie McHenry, Empire Street, stated that she wanted to know if the distance to the GOAL Academy was taken into account as it is located close to this property. She voiced her opposition to the license request, noting that she feels there are enough dispensaries already here and the City needs to say no some time. City Attorney Green stated that the GOAL Academy does not consider themselves a school as defined by State law. Mayor Sheek pointed out that there are zoning rules in the City as to where dispensaries can be located which is the factor used for the number of dispensaries that will be allowed. City Attorney Green spoke of how the measurements are made for dispensaries noting that direct pedestrian access from school property or another dispensary is computed. Kathy Tarr, 1850 Hermosa Street, stated that she moved from Los Angeles to get away from what is coming here. She asked why there is not a number on how many liquor licenses and dispensaries there is allowed in Cortez and asked what kind of example this is for children. City Manager Dougherty spoke on behalf of a call he received from Steve Kelly who is not a resident of Cortez but spends money in the community and his comment was that he is dismayed that another dispensary would be allowed in Cortez. Terry McCabe, realtor in Cortez, stated that she has been working with NuVue for the last six months and commented that business is business and allows for competition. She stated that NuVue has been very professional to work with and will bring a touch of class to something that is already here. Michael Prince, 2624 Highway 160/491, stated that he just moved to Cortez from Alaska. He stated that Alaska has just legalized marijuana there and he spoke of a family that marijuana has had effects on. Tom Johnson stated that he lives on Summit Ridge and spoke about kids using marijuana in the Wal-Mart parking lot and that he has lost friends to drugs. Charlotte Jones stated that she was born and raised in Cortez and wanted to raise her children in Cortez to avoid the big City drugs and alcohol. She spoke about homelessness and vehicle accidents due to marijuana use. She stated that retail business is retail business and that some businesses will not hire people that can’t pass a drug test. CITY COUNCIL REGULAR MEETING SEPTEMBER 11, 2018 PAGE 4 Cole Robb, Road 23.5, introduced the boy scouts (16 total) that were in attendance to get a better understanding of how Council makes decisions on community issues. It was noted that many of the boy scouts may be future leaders of the community. Mayor Sheek commented on the recently established Youth Commission for the City and stated that if any of the boy scouts are interested they could apply by calling City Hall. David Johnson, Road L, stated that he came to Cortez because of the quality of life and that there are a lot of veterans that have made that same choice. He stated that decisions are not always easy and a lot of factors go into making decisions. He said that at some point the right decision has to be made and the City needs to say no more. He stated that he knows veterans that use marijuana today; however, back in the day alcohol was the choice for self-medicating. He encouraged Council to say we have done enough and we don’t need anymore. John Smith, has lived in Cortez for 22 years, and is raising a young family. He commented that some of his family members are afraid to walk outside after dark and that he sees more homeless coming in and good taxpaying citizens leaving if the town continues down this path. Caleb Atkins, 520 West 6th Street, stated that he is a youth pastor at Lighthouse Baptist Church, and is worried about the effects of marijuana for teenagers. He told a story about a boy that committed suicide after his struggle with drugs. He asked that Council put a stop to more shops coming. Mr. Cook spoke again about the lawsuit that has been filed against the applicant giving Mayor Sheek the newspaper article. No one else spoke and Mayor Sheek closed the public hearing. Councilmember Carlson thanked everyone for speaking and explained the requirements for which Council can base their decision on regarding the issuance of the license. She stated that the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and the character and reputation of the applicant are allowed for consideration; however, Council may not consider testimony against a license on religious grounds, being against a license because of social, financial, or health problems caused by marijuana, and speculation that granting a license will cause traffic, noise, or vandalism problems. She stated that if a Councilmember votes for or against an issue that doesn’t mean they don’t appreciate the citizen’s point-of-view and she stated that she understands the frustration noting that Council has to make their recommendation as outlined by the City’s requirements. Mayor Sheek spoke about the reasonable requirements of the neighborhood and commented that the other marijuana businesses that are approved are mostly located in business sections of the community and do not have a lot of residences around them. She referenced the letters included in the packet from some of the residents that do did not want the business located in their neighborhood. Councilmember Noyes moved that a new Retail Marijuana License for NuVue Pharma, LLC, (tentatively addressed as 503 Patton Street) be denied. 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 CITY COUNCIL REGULAR MEETING SEPTEMBER 11, 2018 PAGE 5 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Bid Results on the 2018 Salt Shed Project. Director of Public Works Johnson stated that in 2016 the Public Works Department budgeted for the construction of a salt shed to be used for the storage of road salt and sand. He stated, to keep the cost to a minimum, it was decided that the City would purchase the metal building, then bid out the actual erection of the building and necessary concrete work. He stated that the City purchased the metal building for $21,420 from Armstrong Steel Buildings in 2017. He stated that no bids were received in 2017 for construction of the shed and the project was rebid this year with three bids received. He stated that $110,000 was budgeted for the project in the 2018 capital projects fund. He stated that the low bid was WCA Construction, LLC, at a bid amount of $173,205. He stated that the additional funding for the project over the budgeted amount would come from the Street Improvements Fund without any impact to the street maintenance plan this year or next year. He stated that the building would replace the Quonset-hut- style steel building that has been used for many years. He stated that the building may be repurposed if it is found to be safe. In answer to a question from Councilmember Lucero, Director of Public Works Johnson stated that the new building would be completed this fall (50 calendar days) before storing the salt and sand for the winter season. He stated the site plan was approved by the Planning Department and trees were planted last year as required by City regulations. Discussion was held on how large the building would be and it was noted that a concrete pad (apron) would be placed in front of the building with lean-tos placed on both sides to expand the covered area. Councilmember Carlson moved that Council award the 2018 Salt Shed Project to WCA Construction, LLC, in the amount of $173,205 to construct the foundation and erect the pre- manufactured building provided by the City to be used as a salt shed. 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. 15, Series 2018. Management Intern Heitzman stated that Resolution No. 15, Series 2018, authorizes the acceptance of property interests for the Park Property Acquisition – Old MCHS (Montezuma-Cortez High School). She stated that the City applied for and received a GOCO grant to purchase eleven acres for a future park at the old MCHS site. She stated that the project was included in the 2018 budget in the amount of $138,708 plus additional expenses for appraisal, closing costs, etc. She stated that the purchase is expected to have a closing date of November 1, 2018. She stated that the GOCO grant requires an approved resolution by Council accepting the purchase and property interest. City Attorney Green stated that an ordinance would be presented to Council at a later date for the final purchase of the property. In answer to a question from Councilmember Keel, City Attorney Green stated that the resolution is required by GOCO to show that there is official recognition that the City Council knows and approves of the purchase of the property for the development of a park. Councilmember Lavey moved that Council approve Resolution No. 15, Series 2018, authorizing the CITY COUNCIL REGULAR MEETING SEPTEMBER 11, 2018 PAGE 6 acceptance of property interests for the Park Property Acquisition – Old MCHS. 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 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. 10. ADDITIONAL CITIZEN PARTICIPATION a. Thank You. Bruce Burkett stated that he was taught that when someone does something for you, you say thank you. He thanked Council for listening to the citizens and that he would continue to pray for Council. b. Where Have You Been? Bret Jansen, Road L, stated that he has been coming to Council meetings for over three and half years and asked where everyone has been prior to this meeting. He stated that people should come to every meeting and be a part of the process on all the issues for the community not just the one (marijuana) issue. c. 9/11. David Johnson stated that 9/11 is so important and has affected all of us in so many ways. He read a statement that would be posted on the veterans Facebook page blessing those that are guarding the gates of freedom. He thanked Council for their service. d. Attendance at City Meetings. Debbie McHenry stated that she would be attending Council meetings from now on and she thanked Council for their commitment. 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 a presentation by Keenan Ertel requesting additional funding for the 4th of July fireworks display. Also, Director of Public Works Johnson gave an update on the downtown median project. Mayor Sheek thanked everyone that came to the meeting and noted that all citizens are invited to participate in their local government. b. Historic Preservation Board. Councilmember Betts stated that discussion was held on the podcast that is being created. City Attorney Green stated that the board is completing the historic building application so it is more uniform with City requirements. c. Alzheimer’s Walk. Councilmember Lavey noted that his mother had alzheimers and he invited everyone to join in the walk that would be held on Saturday, September 15, 2018, at City Park. He CITY COUNCIL REGULAR MEETING SEPTEMBER 11, 2018 PAGE 7 stated that all the donations received from the walk are used for research in finding a cure. The regular meeting was adjourned at 9:05 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________ Linda L. Smith, City Clerk