City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 13, 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, Associate Planner Neva Connolly, Director of Planning and Building Sam Proffer, City Attorney Mike Green, and City Clerk Linda Smith, and City Manager John Dougherty. There were six people present in the audience. Mayor Sheek stated that condolences are sent to the people in California as they deal with the multiple fires and loss of life. She commended the people that are helping to bring supplies in and the brave front line of firefighters. 2. The Consent Agenda items acted upon by Council were as follows: a. Approval of the Worksession and Regular Meeting Minutes of October 23, 2018. b. Approval of the payment of the Expenditure Vouchers of November 13, 2018. c. Approval of a Renewal Hotel and Restaurant Liquor License for Loungin’ Lizard Inc., DBA Loungin’ Lizard, located at 2-4 West Main Street, Cortez. Mayor Pro-tem Lucero moved that Council approve the Consent Agenda with the additional expenditure list totaling $98,704.91. 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. Notice to Council Regarding Accident. Glen Brace, 10560 CR 23, Cortez, presented Council with a copy of a letter that has been sent to the City regarding a ticket that was issued to him in 2017. He stated that he wanted Council to be aware of the letter and that there are 90 days for everyone to respond. 5. PUBLIC HEARINGS a. Ordinance No. 1257, Series 2018. Director of Public Works Johnson stated that Ordinance No. 1257, Series 2018, adopts by reference the 2018 Water Conservation Plan for the City of Cortez, promoting efficient consumption of all water usage by residents, business, and local governments to more beneficially use water resources and insure a future adequate water supply. He stated that the CITY COUNCIL REGULAR MEETING NOVEMBER 13, 2018 PAGE 2 plan contains information on the physical characteristics of the City’s existing water system and inventory of resources. He stated that the plan describes water supplies, water pricing, water use, and future forecasts, and purposes to implement water-saving programs with larger expenses in different years to minimize the impact to the City. He stated that advertisement was placed in the local newspaper on the adoption of the new plan and a 60-day period (August 31 to October 28, 2018) was set for receiving questions and comments on the ordinance. He stated that one comment was received which was added to the plan. Mayor Sheek opened the public hearing; however, no one spoke, and the hearing was closed. Councilmember Noyes moved that Council approve Ordinance No. 1257, Series 2018, adopting by reference the 2018 Water Conservation Plan for the City of Cortez, promoting efficient consumption of all water usage by residents, business, and local governments to more beneficially use water resources and insure a future adequate water supply. 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 b. Resolution No. 24, Series 2018. Associate Planner Connolly stated that Resolution No. 24, Series 2018, approves the Old High School Minor Subdivision. She stated that the City received an application from Lori Haukeness, representative for the property owner Montezuma Cortez RE-1 School District, to create a two-lot minor subdivision of the property formerly known as the “old high school.” She stated that the property is bounded by Oak Street on the west, 7th Street on the south, and South Chestnut Street on the east. She stated that the property is approximately 14.1 acres and the intent is to divide the property into Lot 1 with 10.8 acres and Lot 2 with 3.3 acres. She stated that the City intends to purchase the property and to develop Lot 1 with a future neighborhood park and Lot 2 would be sold to the Montezuma Housing Authority for development of housing. She stated that there is an easement on the plat for the future development of Elm Street. She stated that the subdivision has meet all the requirements of Land Use Code Section 6.11, Minor Subdivisions. She reviewed the comments from utility supplies and affected special districts and stated that staff recommends approval through Resolution No. 24, Series 2018, with three conditions. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Mayor Pro-tem Lucero moved that Council authorize the Mayor to sign the plat and approve Resolution No. 24, Series 2018, approving the Old High School Minor Subdivision, as submitted by Lori Haukeness, representative for owner Montezuma County School District RE-1, with the following three 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 final plat must show the 15-foot drainage easement on the northern portion of Lot 2; and c) in accordance with Land Use Code Section 6.11(e)(2)(a), the minor subdivision plat must be recorded within six (6) months of City Council approval, or the approving actions shall be deemed void. 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 CITY COUNCIL REGULAR MEETING NOVEMBER 13, 2018 PAGE 3 c. Resolution No. 25, Series 2018. Associate Planner Connolly stated that Resolution No. 25, Series 2018, approves Lot 11A and Lot 11B Minor Subdivision of the Cortez Industrial Park. She stated that the memo needs to be corrected to say James Hunter, in place of James Holder, as the manager of F&F Holdings, LLC. She stated that the request from the applicant is for a two-lot minor subdivision of property addressed as 2003 Industrial Road. She stated that the property is 3.83 acres in size and the request to is to create Lot 11A at 1.378 acres and Lot 11B at 2.453 acres. She stated that Lot 11A has an existing warehouse on site and Lot 11B is vacant. She noted that no new roads or utilities would be required. She stated that the requirements of Land Use Code Section 6.11, Minor Subdivisions, have been satisfied and the easements have been adjusted on the plat as requested by the utility providers. She stated that staff recommends approval of Resolution No. 25, Series 2018, with two conditions. Mr. Hunter stated that he and his partner own the property and would like to divide the lot as it has been for sale and the school district has stated they are interested in the building but not interested in the adjoining land. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Lavey moved that Council authorize the Mayor to sign the plat and approve Resolution No. 25, Series 2018, approving the Lot 11A and Lot 11B Minor Subdivision of the Cortez Industrial Park, as submitted by James Hunter, manager of F&F Holdings, LLC, 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 and b) in accordance with Land Use Code 6.11(e)(2)(a), the minor subdivision plat must be recorded within six (6) months of City Council approval, or the approving actions shall be deemed void. 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 – None. 7. NEW BUSINESS a. Resolution No. 26, Series 2018. Associate Planner Connolly stated that Resolution No. 26, Series 2018, approves an Amended Plat of Lot 1 of the Amended Plat Tucker Subdivision, as submitted by owner Mark Rodgers. She stated that Mr. Rodgers is requesting a plat amendment for Lot 1 of the Tucker Subdivision which is located on the northeast corner of North Dolores Road and Tucker Lane. She stated that the proposal is to relocate the lot line of Lot 1 to align with the western lot line of the adjacent property (Baptist Chapel at 1409 North Dolores Road) which will allow the Baptist Chapel to purchase the property and gain 9,577 square feet. She noted that the Lot 1 parcel will go from 21,934 square feet to 12,357 square feet. She stated that the Baptist Chapel plans to use the added property as a future playground area. She reviewed Land Use Code Section 6.09 which outlines the requirements for replats and plat amendments. Mark Rodgers stated that he is the owner of 1602 Tucker Court and noted that there is a long piece of property that is attached to the property that could be subdivided to build a house on, but the CITY COUNCIL REGULAR MEETING NOVEMBER 13, 2018 PAGE 4 church has asked if they could buy the property to have for their future use. He asked that the lot be split from 1602 Tucker Court so it can be sold to the church. Councilmember Keel moved that Council approve Resolution No. 26, Series 2018, approving the Amended Plat Lot 1 of the Amended Plat Tucker Subdivision with the following 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 final plat shall include the 15’ utility easement along the west and south sides of Lot 1, as well as 15’ easement on the south side and 20’ easement on the east side adjacent to the CDOT 145 right-of-way; c) the final plat shall include the utility signature lines (Atmos Gas, CenturyLink, Public Works Sanitation District, and Empire Electric); and d) 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)(a) . 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. Cancel Council Meeting on December 25, 2018. City Clerk Smith noted that traditionally Council has canceled the second Council meeting in December due to the Christmas holiday. Councilmember Betts moved that Council approve the cancellation of the December 25, 2018, Council meeting due to the holidays. 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 c. Ordinance No. 1258, Series 2018. Associate Planner Connolly stated that Ordinance No. 1258, Series 2018, approves four separate structures located within the “Original Townsite of Cortez” and “Coffins Addition”, as submitted by the respective property owners. She stated that the properties are addressed as 21 East Main Street (Main Street Brewery), 111-113 East Main Street (Brand Central), 237 West Main Street (Slavens True Value), and 202 West North Street (known as the Calkins and Merlo House). She spoke about the five grants that the City has received to survey historic property in the community and noted that since the first survey was conducted in 2011, 37 of the eligible property owners have applied to City Council for historic designation. In answer to a question from Mayor Sheek, Associate Planner Connolly stated that the buildings that are designated historic can be renovated; however, the property owners are asked to confer with the Historic Preservation Board prior to any changes being made to the property to see if the changes would eliminate the house from continuing with its historic designation. Councilmember Noyes asked if there was a set year for a historic designation and Associate Planner Connolly stated that the property would need to be at least 50 years old to be considered historic. Councilmember Carlson moved that Council approve on first reading Ordinance No. 1258, Series 2018, approving four separate structures located within the “Original Townsite of Cortez” and “Coffins Addition” to be included in the City of Cortez Register of Historic Structures, Sites, and Districts, specifically the structures at 21 East Main Street, 111-113 East Main Street, 237 West CITY COUNCIL REGULAR MEETING NOVEMBER 13, 2018 PAGE 5 Main Street, and 202 West North Street, and set the ordinance for public hearing on November 27, 2018. 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 a. Continuation of Budget Review. City Manager Dougherty stated that continuation of the budget review will be held on Wednesday, November 14, 2018, at 5:15 p.m., at City Hall. 12. CITY MANAGER’S REPORT – None. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the worksession the proposed 2019 and revised 2018 Budgets for the Public Works Department were reviewed and discussion was held on a land donation which Council has agreed to pass on. She stated that discussion was held on the results of the Residential Broadband Survey which was recently completed and an update was given on the trip that was taken to Fort Morgan by Mayor Sheek, City Manager Dougherty, and Director of General Services Rick Smith. b. Montezuma Community Economic Development Association (MCEDA). Councilmember Carlson stated that the MCEDA meet on November 13, 2018, and discussion was held on the strategic planning session that was held in June 2018. She noted that with the change in executive directors, the items identified at the session have not all been addressed yet. She stated that discussion at the meeting also included the 2019 budget and that MCEDA is still looking for new members to join. She stated that discussion was held on possible tax credits that benefit early childhood programs. c. Golf Advisory Board. Councilmember Keel stated that the final Golf Advisory Board Meeting for the year was held on October 24, 2018, and a tentative date for closing the golf course for the season was discussed. He stated that a tree trimming report was reviewed and he commended Golf Pro Micah Rudosky and Golf Course Superintendent Tom Kramlich for the great job they do at the course. 14. Council adjourn to Executive Session at 8:05 for a conference with the City Attorney for the purpose of receiving legal advice on specific legal questions regarding current litigation and finance matters, as per C.R.S. Section 24-6-402(4)(b). CITY COUNCIL REGULAR MEETING NOVEMBER 13, 2018 PAGE 6 Council returned to the regular meeting at 9:29 p.m., with no comments made and the regular meeting was adjourned at 9:30 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________ Linda L. Smith, City Clerk