City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 24, 2019 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 Management Intern Peyton Heitzman, Associate Planner Neva Connolly, Airport Manager Russ Machen, Chief of Police Roy Lane, City Planner Tracie Hughes, Fire/Building Inspector Sean Canada, Director of Public Works Phil Johnson, City Clerk Linda Smith, City Attorney Mike Green, and City Manager John Dougherty. There were 24 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 10, 2019. b. Approval of the payment of the Expenditure Vouchers of September 24, 2019. c. 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. d. Approval of a renewal Tavern Liquor License for Purple Sage Rib Company and Saloon LLC, DBA Purple Sage Rib Company, located at 2591 East Main Street, Cortez. e. Approval of a Special Event Permit from the Cortez Cultural Center to sponsor a ‘First Friday’ event at Buffalo Bob’s located at 90 North Mildred, on Friday, October 4, 2019, from 5:00 p.m. to 9:00 p.m., Cortez. Mayor Pro-tem Lucero moved that the Consent Agenda be approved as presented with the additional expenditure vouchers of $29,812.93. 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 3. PRESENTATIONS a. Presentation on Region 9 Economic Development District of SW Colorado. Laura Lewis Marchino, Executive Director of Region 9 EDD, reviewed the summary of activities conducted in Cortez-Montezuma County. She stated that 19 business inquires have been received on loan funding and that there are eight current loans that are active in Cortez. She spoke about programs, technical assistance, marketing, and other items that Region 9 has been involved in. She noted that the 2018 Performance Report was included in the Council packet and describes all the activities that happened in Montezuma County in 2018. She noted that a Region 9 satellite office is now available in Cortez to better serve the community. She asked for Council’s continued support for 2020. CITY COUNCIL REGULAR MEETING SEPTEMBER 24, 2019 PAGE 2 b. Colorado Municipal League (CML) Presentation. Kevin Bommer, Executive Director of CML, thanked Cortez for hosting the Region 8 District Meeting/dinner that would be held on Wednesday, September 25, 2019. He stated that CML supports cooperation among local, State, and Federal officials to provide strong partnership with Colorado’s cities and towns. He stated that CML employees are a dedicated advocacy team and a reliable source of information about legislative issues and their impact on Colorado’s cities and town and their residents. He stated that there are 270 municipalities in Colorado that are members of CML. He spoke about the variety of CML publications that are available for municipalities (Home Rule Handbook, The Handbook for Elected Officials, Beer and Liquor Handbook, etc.) and also of the upcoming trainings that are offered including the 2020 annual conference that will be held in Westminster. He spoke about the Legislative Session that is reviewing Proposition CC, Proposition DD and infrastructure issues, among other things. He stated that he and his staff are always available to answer any questions should there be any. 4. CITIZEN PARTICIPATION a. Agenda 21. Mindy Nielson, 22094 Road N, spoke about Agenda 21 and commented that the Federal Government is trying to take over local control. She stated that block Grants should not be applied for any longer due to their tie to the Federal Government and asked for residents to become informed on Agenda 21. She spoke about the Comprehensive Plan and property rights. b. Sharehouse Food Coalition Enterprise Zone. Laurie Hall, Director of the Sharehouse which is a project of the Montezuma Food Coalition, stated that she is requesting a Letter of Support from the City Council for the establishment of an Enterprise Zone for the Sharehouse. She spoke about the success of the Sharehouse which opened on July 1, 2019. She spoke about the plans for the future which would include leasing a 4,000 square foot warehouse to house a commercial kitchen and indoor farmer’s market. She stated that the goal of the Sharehouse is that everyone has equitable access to good, healthy food. c. Concern with Adoption of Land Use Code. Dave Waters, 16415 CR 21.4, stated that he owns several properties in town and wanted to comment on the Land Use Code which is on the agenda later in the meeting. Mayor Sheek noted a public hearing date would be set by City Council which is when comments would be received from the public. Mr. Waters stated that Council should read the code and understand it before voting on its approval. 5. PUBLIC HEARINGS – None. 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Wi-Fi Service to the Airport. Airport Manager Machen stated that currently the Airport staff is served by an AT&T “hotspot” receiver for Wi-Fi use in the Administrative Office. He stated that the service is spotty and intermittent, with low bandwidth. He stated that the Airport does not offer free Wi-Fi to the passengers awaiting flights due to the expense. He stated that Visionary Broadband would like to offer free Wi-Fi to the Airport (both the Administrative Office and the CITY COUNCIL REGULAR MEETING SEPTEMBER 24, 2019 PAGE 3 terminal building) in trade for connecting to the Airport Beacon light tower. He stated that the City recently entered into a similar agreement with Visionary Broadband for service to the water plant. He stated that the savings to the Airport for the service would be $600 annually. He stated that staff recommends that Council approve the agreement with Visionary Broadband. Councilmember Carlson moved that the contract with Visionary Broadband be approved to provide Wi-Fi needs at the Airport and install equipment for same on the Airport Beacon Tower. 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. 20, Series 2019. Associate Planner Connolly stated that Resolution No. 20, Series 2019, approves the Chestnut Meadows Minor Subdivision Amended Plat. She stated that property owner Doug Farley would like to create two lots out of three, combining Lot A with a portion of Lot C, eliminating one lot. She stated that Lot A has recently been sold and has a small portion of the attached carport of the existing home encroaching onto the adjacent Lot C. She stated that the new lots would be as follows: Lot A-1 would be 0.98 acres and Lot B-1 (vacant property) would be 1.31 acres. She stated there are no new easements proposed, nor will the plat amendment effect existing easements. She stated that the GIS Coordinator commented on the frontage area and staff has noted that the frontage of the two lots meets the City requirements of 50- feet. She stated that staff recommends approval through Resolution No. 20, Series 2019. Councilmember Keel moved that Council approve Resolution No. 20, Series 2019, approving the Chestnut Meadows Minor Subdivision Amended Plat with three conditions. 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. Resolution No. 21, Series 2019. Associate Planner Connolly stated that Resolution No. 21, Series 2019, approves the Sperle-Solomon Consolidation Plat. She stated that William and Derenda Solomon own two adjacent lots and have recently removed an older mobile home and are in the process of installing a new manufactured home on the lots. She stated that the new home straddles the lot line between the two lots and the property owners have proposed to combine the two lots and remove the middle lot line. She stated that Empire Electric installed a power line over the former house to serve the neighborhood to the east and the applicants have agreed that if the existing home is removed or destroyed, a future building would not be allowed within the easement without prior Empire Electric approval. She stated that the stipulation for the easement requirement is included on the plat (No. 3). Discussion was held on the easement and staff noted that the property owners are aware of the stipulation and may coordinate with Empire Electric at any time to relocate the power line and vacate the easement. Councilmember Carlson moved that Council approve Resolution No. 21, Series 2019, approving the Sperle-Solomon Consolidation Plat, with three conditions. Councilmember Noyes seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING SEPTEMBER 24, 2019 PAGE 4 Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes d. Resolution No. 22, Series 2019. Fire/Building Inspector Canada stated that Resolution No. 22, Series 2019, authorizes the City Manager to sign a Memorandum of Understanding with the Colorado Department of Public Safety Division of Fire Prevention and Control, authorizing the City of Cortez Planning and Building Department to issue building permits, perform building inspections, and issue certificate of occupancy for school construction projects. He stated that the City of Cortez Building Department has been recognized as a pre-qualified building department by the State of Colorado Department of Public Safety, Division of Fire Prevention and Control since 2013; however, the agreement expired with the resignation of Director of Planning and Building Sam Proffer. He stated that the State has accepted the current certifications of Building Inspector/Code Enforcement Officer Lars Forsythe and himself (Fire/Building Inspector Canada) and staff is recommending approval of the Memorandum of Understanding. Mayor Pro-tem Lucero moved that Resolution No. 22, Series 2019, be approved authorizing the City Manager to sign a Memorandum of Understanding with the Colorado Department of Public Safety Division of Fire Prevention and Control, authorizing the City of Cortez Planning and Building Department to issue building permits, perform building inspections, and issue certificate of occupancy for school construction projects. 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 e. Ordinance No. 1267, Series 2019. City Planner Hughes stated that Ordinance No. 1267, Series 2019, would adopt the proposed Cortez Land Use Code. She stated that staff has been working on updating and rewriting the Land Use Code for several years and, after many meetings, staff is presenting the code for approval. She stated that several drafts have been presented and Planning and Zoning and City Council held a joint meeting on the code in June of 2019 to finalize changes. She stated that the draft code is available on the website for the public to view and paper copies have been delivered to City Council. She stated that Planning and Zoning held a public hearing on the adoption of the Land Use Code on September 3, 2019, and recommend (three to two vote) that Council adopt the code with two changes. She reviewed the changes suggested by Planning and Zoning to Section 3.02.03 (C) Lot Standards, and also the change in the Industrial Park to reduce the landscaping requirements from 15% to 10%. She stated that the Land Use Code is not static and changes can be made as the code is used by the community. She stated that the code would be implemented March 31, 2020, to allow the community and staff time to transition between the sets of regulations. City Attorney Green stated that the Land Use Code would eliminate jail as a possible penalty for violations of the code but would increase the possible maximum fine for violations from the current $500/day to the maximum allowed ($2,650/day) in Colorado Revised Statute 13-10-113. In answer to a question from Councilmember Keel, City Attorney Green stated that jail time has not been used in past violations. Mayor Pro-tem Lucero stated that he would like to take a little more time to review the revised code. Discussion was held on moving the code forward for a public hearing. CITY COUNCIL REGULAR MEETING SEPTEMBER 24, 2019 PAGE 5 Councilmember Lavey moved that Ordinance No. 1267, Series 2019, adopting, by reference, the Cortez Land Use Code and Zoning Map for the City of Cortez, be approved on first reading and set for a public hearing on October 8, 2019. Councilmember Carlson seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek No Yes Yes Yes No No Yes f. Agreement with Osprey, LLC Regarding Donation for EV Charging Station. Mayor Sheek noted that the agreement with Osprey, LLC would be tabled until the next meeting. Councilmember Carlson moved that the agreement between the City of Cortez and Osprey, LLC be tabled until the next Council meeting. 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 g. Contract Agreement with Colorado Energy Office to Accept Grant. Management Intern Heitzman stated that Charge Ahead Colorado has approved a grant to the City of Cortez for $9,000 to be used towards the purchase and installation of a Level II dual charging station at the Cortez Welcome Center. She stated that the agreement with the Colorado Energy Office has been reviewed by the City Attorney. She commented for Council to receive the grant fund, Council must make a motion to approve the agreement. Councilmember Lavey moved that Council approve the agreement between the City of Cortez and the Colorado Energy Office for the grant amount of $9,000 to purchase and install an EV charging station at the Cortez Welcome Center, and adhere to all grant requirements outlined in the agreement. 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 h. Ordinance No. 1268, Series 2019. City Attorney Green stated that Ordinance No. 1268, Series 2019, would approve the land transfer of East 7th Street right-of-way from South Sligo to City line, by the City of Cortez to Montezuma County. He stated that the Mayor would be authorized to sign on behalf of the City a Special Warranty Deed to transfer the City’s portion of the right-of-way of 7th Street with the agreement that the road would be completed with asphalt paving. He stated that if the road is not completed in five years, the road would revert back to the City. In answer to a question from Director of Public Works Johnson, it was noted that discussion would be held with Montezuma County regarding fiber being placed in the road prior to its construction. Councilmember Betts moved that Council approve on first reading Ordinance No. 1268, Series 2019, approving the land transfer of East 7th Street right-of-way from South Sligo to City line, by the City of Cortez to Montezuma County, and set the ordinance for a public hearing on October 8, 2019. Councilmember Noyes seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING SEPTEMBER 24, 2019 PAGE 6 Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes i. Letter of Support for Southwest Memorial Hospital Foundation Enterprise Zone Contribution Project. Mayor Sheek stated that several letters of support (items 7i through 7k) have been requested for Enterprise Zone designations. She stated that the designations allow donors to the organization to use 25% of their donation as a tax credit on their State income taxes for the tax year in which the donation occurred. She stated that projects are designated for a period of five years and the minimum donation is $100. She noted that profit businesses can get tax credits if they create new jobs. She stated that a letter of support is being requested by the Southwest Memorial Hospital Foundation. Jay Wood, President of the Board of the Southwest Hospital Foundation, stated that they have been an Enterprise Zone for many years and are reapplying for the designation. He stated that the next five years the hospital will be working on infrastructure upgrades and replacement of hospital items such as the boilers/air conditioners/etc. Councilmember Keel moved that the Letter of Support for Southwest Memorial Hospital Foundation Enterprise Zone Contribution Project be approved. 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 j. Letter of Support for Montezuma Food Coalition Enterprise Zone. Mayor Sheek stated that the Montezuma Food Coalition Enterprise Zone is also requesting a letter of support for the Enterprise Zone designation. Councilmember Carlson stated that the Montezuma Food Coalition has such a comprehensive approach and has surpassed her expectations of what she thought would be accomplished by the group. Councilmember Carlson moved that Council approve a Letter of Support for the Montezuma Food Coalition Enterprise Zone designation. 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 k. Letter of Support for the Cortez Cultural Center Enterprise Zone Project Designation. Mayor Sheek stated that a request has also been received from the Cortez Cultural Center. Rebecca Levy, Executive Director of the Cortez Cultural Center, stated that this is the first time the Cultural Center has applied for Enterprise Zone designation noting that the application fits under the economic development initiative. She stated that the center helps with the tourism industry and the goal is to create new programming. Councilmember Lavey moved that the Letter of Support for the Cortez Cultural Center Enterprise Zone Project designation be approved. Councilmember Betts seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING SEPTEMBER 24, 2019 PAGE 7 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 during Council worksession discussion was held on the Employee Personnel Handbook and an update was given on the EV Charging Station process. A brief discussion was held on the proposed band shell that has been requested by community members. Mayor Sheek stated that the Sunflower Theater will show “Most Dangerous Year” (about transgender children) on Friday, September 27, 2019, at 7:00 p.m., and the Manhattan Shorts, which is an international film festival with the audience voting for their favorites, will be shown on October 4, 2019. b. Golf Advisory Board. Councilmember Keel stated that he was not able to attend the Golf Advisory Board Meeting as he had a conflict with work. c. Mesa Verde Country Board Meeting. Councilmember Betts stated that the 2020 budget was discussed at the Mesa Verde Country Board meeting. Mayor Sheek stated that Kelly Kirkpatrick noted that the September 2, 2019, New York Times edition has included Cortez, Colorado (Mesa Verde National Park) in the “Summers Not Over Yet” article as one of the eight places to visit. Mayor Sheek noted that Ms. Kirkpatrick will serve on the interview committee for the new Durango tourism director. d. Parks, Recreation, and Forestry Advisory Board. Councilmember Lavey stated that the Parks, Recreation, and Forestry Advisory Board meeting was held on September 20, 2019, at the South Softball Complex. He stated that the board toured the property which includes a nice playground, ballfields, and tree farm. e. Cortez Cultural Center. Councilmember Lavey stated that he missed the meeting as he was out- of-town. f. Tour of The Bridge Shelter. Councilmember Lavey stated that he, Mayor Sheek, City Manager Dougherty, and City Clerk Smith toured the almost completed Bridge Shelter. He stated that the shelter offers a place to stay overnight for the homeless people and will offer apartments upstairs to help people transition into the working world. It was noted that The Bridge will offer classes (financial literacy, etc.) to help people in their quest of independence and an open house will be held CITY COUNCIL REGULAR MEETING SEPTEMBER 24, 2019 PAGE 8 in October prior to the shelter opening. The regular meeting was adjourned at 9:00 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________ Linda L. Smith, City Clerk