City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 25, 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, Director of Public Works Phil Johnson, Director of General Services Rick Smith, Director of Planning and Building Sam Proffer, Associate Planner Neva Connolly, Library Director Eric Ikenouye, City Attorney Mike Green, City Manager John Dougherty, and City Clerk Linda Smith. There were approximately 16 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 September 11, 2018. b. Approval of the payment of the Expenditure Vouchers of September 25, 2018. c. Approval of a renewal Tavern Liquor License for Cortez Veterans Inc., DBA Cortez Veterans Inc., located at 320 North Harrison, Cortez. d. Approval of a renewal Tavern Liquor License for Purple Sage Rib Company & Saloon LLC, DBA Purple Sage Rib Company, located at 2591 East Main Street, Cortez. e. Approval of an alteration to the premises for the 3.2% Beer Liquor License for Walmart Inc., DBA Walmart #966, located at 1835 East Main Street, Cortez. Councilmember Keel moved that Council approve the Consent Agenda with the additional expenditure list totaling $70,130.71. 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. Indigenous Peoples Day Proclamation. Mayor Sheek read the Indigenous Peoples Day Proclamation recognizing the second Monday in October as “Indigenous Peoples Day” and celebrating the enduring culture and traditions of all Native Peoples within the United States and Indigenous People across the Americas. Ken Walker accepted the proclamation from the Mayor and stated that it helps to understand our history and the lands that we live on. He noted that over 60 communities have recognized Indigenous Peoples Day and he thanked Council for their support. 4. CITIZEN PARTICIPATION CITY COUNCIL REGULAR MEETING SEPTEMBER 25, 2018 PAGE 2 a. Thank You for Purchase of Art. Karen Kristen, Barbara Grist, and Sonja Horoshko thanked Council for the beautiful art pieces now displayed in the City Hall building. Ms. Kristen spoke about her painting “Winslow, Arizona” (painted in 1992) and stated that she is honored to see her piece on the wall in the Council chambers. She spoke about her career as an artist and that Cortez is now her home. She thanked the many people that have been involved in getting the art placed in the Council chambers and especially thanked Sonja Horoshko for continuing her quest in making Cortez a more visible art community. Ms. Grist spoke about her photo, titled Aquaessence, that was taken at Lake Powell and has been placed on metal. She spoke about her career in art and as a teacher in the community. She stated that she is grateful for her art being hung and thanked those that have helped make that happen. Ms. Horoshko spoke about the other two art pieces that were purchased by the City which were from Keith Hutchison (an oil painting of a seashore) and Jan Heyl’s piece titled ‘Below Sunshine and Wilson Peaks.’ Ms. Horoshko noted that the other paintings on the wall included a piece she painted of Stronghold House in Hovenweep Canyon that was purchased by Mayor Cheryl Baker in 2003 and a painting by Richard Ellis Wagner which was a Professor of Fine Arts at the University of Colorado. She thanked Council for their support of the project. b. Southwest Farm Fresh Co-op/Good Samaritan Program. Laurie Hall stated that in January of this year she was present asking Council for approval of a Conditional Use Permit for the Southwest Farm Fresh Co-op and the Good Samaritan programs to move into the ‘pink building’ located on Beech and North Streets. She stated that they should be moving in soon and she gave an update on the process which is being called the food hub. It will provide a place for fresh local food to be processed and sent back out into the community. She talked about the ‘spokes’ of the food hub and how people are collaborating together to get food out to everyone that needs it. She spoke about the commercial kitchen that will also be located in the building for people to learn to cook. She shared a picture of the art that is being completed on the face of the ‘pink building’ by local artists and middle school students. She invited everyone to come by and visit the building. In answer to a question from Councilmember Lavey, she stated that anyone that would like to volunteer should contact her. c. Graffiti/Trash Concerns on Public Access. Ken Braun, 501 South Madison Street, spoke to Council about a ten-foot access from Madison Street to Manaugh Elementary School. He stated that he has a fence along the public access for his property and noted that it is constantly tagged and left with lots of trash. He stated that he cleans up the property often and would like to work something out with the City for closing off the property in whatever way is possible. Mayor Sheek asked Mr. Braun to work with City staff (Public Works Johnson) on the issue and thanked Mr. Braun for keeping up with the graffiti on his fence. 5. PUBLIC HEARINGS a. Resolution No. 19, Series 2018. Associate Planner Connolly stated that Resolution No. 19, Series 2018, would approve a Conditional Use Permit to establish an oversized accessory structure on property located at 1008 Alma Avenue, within the Manufactured Housing (MH) Zoning District. She stated that the applicants are proposing to install a 1,200 square foot garage on the southern portion of their property and that the existing home with an attached garage and existing storage shed total approximately 2,538 square feet. She stated that if the oversized structure is approved, CITY COUNCIL REGULAR MEETING SEPTEMBER 25, 2018 PAGE 3 lot coverage at build-out would come to 27%, below the 50% maximum allowed within the MH Zoning District. She stated that the applicants’ narrative says the garage is intended for personal storage with no proposed water or sewer tap hookups. She stated that Land Use Code Section 3.05(b)(4)(e) limits the size of an accessory structure to 800 square feet or 33% of the principal structure. She noted, because the proposal exceeds the dimensional requirements for accessory structures, the applicants have submitted the application for a Conditional Use Permit. She stated that the Planning and Zoning Commission recommended approval of the Conditional Use Permit at their meeting on September 4, 2018. Associate Planner Connolly stated that the garage would meet all the MH zoning district setbacks and staff recommends approval. In answer to a question from Councilmember Lavey, Associate Planner Connolly stated that notices were sent to the neighbors located within 300 feet of the property and no one has responded for or against. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Mayor Pro-tem Lucero moved that Council approve Resolution No. 19, Series 2018, approving a Conditional Use Permit to establish an oversized accessory structure on property located at 1008 Alma Avenue, as submitted by Justin and Kendra Gapp with four 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; b) the permitted use shall be established in compliance with the time limit of one year as set forth in Land Use Code Section 6.10(l), Conditional Use Permits; c) Any exterior lighting shall be contained on the property, as in accordance with Land Use Code Section 5.07 – Performance Standards; and d) parking and driveways shall be constructed in accordance with the requirements of Land Use Code Section 5.02. 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 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Request for Proposal (RFP) Results for Preliminary Engineering Report (PER) for Water System Improvements #PW-18-92. Director of Public Works Johnson stated that the City is seeking an engineering consultant to prepare a Preliminary Engineering Report (PER) for water systems. He stated that the PER will assess the operations, infrastructure, and management of the City’s entire water system into a single planning document to guide future operations and development. He stated that the outcome of the report is to fully analyze the available options, come up with a recommended alternative, and place the City in a position to obtain funding for design and construction of the recommended water facilities. He stated that the City’s drinking water system was originally constructed in 1960 and has undergone several upgrades. He stated that the treatment system was upgraded in 2006 to include submerged microfiltration treatment, complementing the existing treatment processes and in 2010, additional upgrades were made to improve the filter backwash system. He stated that seven firms responded to the RFP and staff reviewed all the submitted proposals and is recommending that the bid be awarded to FEI Engineers out of Durango with a bid of $47,857.00. He stated that staff has worked with the principles of FEI in the past and is familiar with their work ethic and dedication to completing a CITY COUNCIL REGULAR MEETING SEPTEMBER 25, 2018 PAGE 4 professional project. He stated that funding for the project was included in the 2018 Water Enterprise Capital Improvement Fund. He noted that the project is estimated to take approximately six months to complete. Councilmember Carlson moved that Council enter into a Professional Services Contract with FEI Engineer’s Inc., for the Preliminary Engineering Report for Water System Improvements in the amount of $47,857.00. 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. Library Facilities Master Plan Bid. Library Director Ikenouye stated that in 2017, Council approved that the Library undergo a Facilities Master Plan in 2018 with the Master Plan to be funded by a matching grant from the Department of Local Affairs (DOLA). He stated that DOLA awarded the City a grant in the amount of $25,000 on May 30, 2018. He stated that the City proceeded with the Request for Proposal (RFP) and received seven responses. He stated that Library staff has reviewed the proposals and engaged with the top three firms for further evaluation. He stated that four criteria (qualifications, capacity, price, and references) were used to help define the best firm and at least one reference was checked on each firm. He stated that Humpries Poli Architects (from Denver) is being recommended for the project at a bid amount of $43,125.00. In answer to a question from Mayor Sheek, Library Director Ikenouye stated that the process will take approximately twelve weeks. Councilmember Lavey moved that Council award the Library Facilities Master Plan Bid to Humpries Poli Architects at the bid price of $43,125.00. 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. Request for Letter of Support for Needful Provision, Inc. Mayor Sheek asked that Laurie Hall speak about her meetings with David Nuttle (of Needful Provision, Inc.). Ms. Hall spoke about working with Mr. Nuttle in the past; however, they are not working with him currently. Ms. Hall stated that anyone can donate food to the Good Samaritan Center and no permission is required. Council held discussion on Mr. Nuttle’s last request for support of his previous projects (January 2018) and it was noted that the City had formed a Urban Farming Committee which held several meetings; however, the committee is no longer meeting as they were not needed. In answer to a question from Councilmember Carlson, Mayor Sheek stated that the letter included in the packet was written by Mr. Nuttle. Councilmember Carlson stated that she feels the letter has a bit of ambiguity in it and she isn’t sure if it is obligating the City to something that is unclear. Discussion was held on the confusion of the different programs that Mr. Nuttle is proposing for the area and that Council would like Mr. Nuttle to collaborate with the programs that have already been established. Councilmember Carlson moved to deny Council sign a Letter of Support for the rural Initiative Program Greenhouse Grant for Needful Provision, Inc., David A. Nuttle, President, on the basis that CITY COUNCIL REGULAR MEETING SEPTEMBER 25, 2018 PAGE 5 there is incomplete information. 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 d. Resolution No. 20, Series 2018. City Manager Dougherty stated that Resolution No. 20, Series 2018, supports Amendment 73. He stated that the Amendment 73 is a result of the citizen’s ballot initiative number 93, known as Great Schools, Thriving Communities. He stated that Amendment 73 is a statewide school funding initiative that will increase income taxes for 8% of Colorado tax filers and for C Corporations, while decreasing property taxes for business property owners, farmers and ranchers. He stated that if the proposed amendment passes, it will support mental health, safety and security, career and technical education, school maintenance and repair needs, and reduce class size. He stated that it is important to have good schools in our community to bring people in. In answer to a question from Councilmember Betts, City Manager Dougherty stated that the School District has already passed their support for the amendment. City Manager Dougherty stated that the request came from the School Board to generate support in the community for passage of the amendment. Councilmember Lavey moved that Council approve Resolution No. 20, Series 2018, supporting Amendment 73. 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 e. Welcome Center HVAC Engineering. Director of General Services Smith stated that the Welcome Center has been experiencing issues with their current HVAC system which is nearing its end of useful life. He stated that the Welcome Center budget has money available to begin the process of replacing the HVAC units and address some comfort issues for the visitors. He stated that the City has an on-going contract with ME&E Engineering for services at the Rec Center, Service Center, and the Police Department buildings. He stated the engineering services for review of the Welcome Center HVAC system is estimated at $10,260.00. In answer to a question from Councilmember Carlson, Director of General Services Smith stated that ME&E is the engineering firm handling the Rec Center; however, the issues that the City is having with the project being completed is with the General Contractor, not the engineer. Councilmember Betts moved that Council consider approving the additional engineering services with ME&E Engineering to include the Colorado Welcome Center at the not to exceed amount of $10,260.00. 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 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. CITY COUNCIL REGULAR MEETING SEPTEMBER 25, 2018 PAGE 6 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 discussion on a request for a letter of support from David Nuttle and review of marijuana stores in the community. Discussion on loaning City equipment was tabled due to time restraints. She stated that Library Director Ikenouye explained the Library Facilities Master Plan bid assessment process which was approved during the regular meeting and discussion was held on problems with the HVAC system at the Recreation Center. b. Parks, Recreation, and Forestry Advisory Board. Councilmember Lavey stated that the Parks, Recreation, and Forestry Advisory Board meeting was held on September 21, 2018, at the newly proposed park area on South Oak Street. He stated that a tour was given of the property and discussion was held on the two proposed park designs. He stated that the next open house for discussion on the park will be held on October 10, 2018. He stated that proposed drawings of the park will be available for the public to review at the Library and the Rec Center. He stated that discussion was also held on the native plant identification signs which were recently updated at Hawkins and Carpenter Natural Areas and future expansion of the dog park. c. Cortez Cultural Center. Councilmember Lavey stated that the Cortez Cultural Center meeting was held on September 18, 2018, and discussion was held on the Indian Dances, the September Farm and Ranch tour which was a success, and future events that will be held including the Montezuma Revenge (chili cookoff) on October 13, 2018. d. Montezuma Community Economic Development Association (MCEDA). Mayor Sheek stated that she attended the MCEDA meeting held on September 18, 2018, and new director Robert Dobry was introduced. She stated that the mission statement and bylaws are being revised and a representative from Southwest Pueblo Community College spoke about job training that they offer to the community. e. Rural Philanthropy Days. Mayor Sheek stated that Rural Philanthropy Days was held September 12-14, 2018, in Cortez with 360 people signed up for the event. She stated how proud she is of all the City employees that helped pull off the event and that many people in attendance commented on how lovely the community is. She stated that she hopes there will be repeat visitors to the area and that there is hope that some of the Southwest Colorado non-profit programs will receive grant funding. f. Congratulations Lance McDaniel. Councilmember Keel congratulated Mr. McDaniel on his recent appointment to the School Board. g. Welcome Carter Pape. Council welcomed new Cortez Journal reporter Carter Pape. CITY COUNCIL REGULAR MEETING SEPTEMBER 25, 2018 PAGE 7 14. Executive Session. Council adjourned to executive session at 8:45 p.m., for a conference with the City Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b). No decision were made in Executive Session and the regular meeting was adjourned at 9:15 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________ Linda L. Smith, City Clerk