City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, OCTOBER 8, 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, Library Director Eric Ikenouye, City Planner Tracie Hughes, City Engineer Chad Hill, Director of Public Works Phil Johnson, City Clerk Linda Smith, City Attorney Mike Green, and City Manager John Dougherty. There were 27 people present in the audience. Councilmember Carlson moved that Council amend the October 8, 2019, agenda to add to Other Items of Business discussion on a letter to be sent to the Public Utilities Commission of the State of Colorado. 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 2. The Consent Agenda items acted upon by Council were as follows: a. Approval of the Worksession and Regular Meeting Minutes of September 24, 2019. b. Approval of the payment of the Expenditure Vouchers of October 8, 2019. c. Approval of a Special Event Permit for the Knights of Columbus to host a fundraiser at the Montezuma County Senior Center, located at 107 North Chestnut Street, on Saturday, October 12, 2019, from 6:00 p.m. to 9:00 p.m. Councilmember Lavey asked that the payment to Mark Thompson on the regular Expenditure Voucher list be removed. City Manager Dougherty explained that the expenditure would be reviewed by staff. Councilmember Keel moved that the Consent Agenda be approved, with the removal of the payment to Mark Thompson for a health insurance rebate, with the additional expenditure vouchers of $4,778.77. 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 – None. 4. CITIZEN PARTICIPATION a. Dirt Bike Problem. Judy Schuenemeyer, 960 North Sligo, stated that there have been a series of problems with dirt bikes in their neighborhood and the issue has become worse since the issue was CITY COUNCIL REGULAR MEETING OCTOBER 8, 2019 PAGE 2 previously brought before Council. She stated that the problem is mostly kids riding dirt bikes in the street and on the ditch bank. She spoke about how fast they are riding and that a kid was hurt a year ago landing in their yard. She stated that the kids are in an area where there are not a lot of sidewalks and they are dangerous and a hazard to others and she asked that Council pass an ordinance that bans the recreational dirt bikes from being ridden in the City limits. Debie Schmidt, 2101 LaPlata Place, stated that her property backs up to the ditch bank and commented that the kids riding the dirt bikes have come up behind people going extremely fast and she is concerned about what might happen. She stated that they are extremely noisy and it is a fire hazard as they could spark off the brush. She noted that she is really concerned someone is going to be hurt. b. Agenda 21. Mindy Nelson, 22094 Road N, spoke about her concerns with the presentation by Kevin Bommer with Colorado Municipal League (CML) at the last Council meeting. Mayor Sheek stated that Mr. Bommer did not bring anything up about ISELE nor did he know what that stood for. She stated that Mr. Bommer was present to inform Council on what CML is working on as advocate for local communities. Ms. Nelson spoke about international memberships and noted that tax dollars are used for the City to be members of groups such as Region 9 which have a tie to the Federal Government. 5. PUBLIC HEARINGS a. Ordinance No. 1267, Series 2019. Mayor Sheek read Resolution No. 13, Series 2018, which noted the procedure for allowing public comments during Council meetings. City Planner Hughes stated that Ordinance No. 1267, Series 2019, is being presented for final reading adopting, by reference, the Cortez Land Use Code and Zoning Map for the City of Cortez. She stated that several outreach meetings were held with various stakeholders, City elected and appointed officials, and City staff to identify key areas that needed to be addressed in a new Land Use Code. She stated that the Land Use Code would regulate development and land use within the municipal boundaries of the City of Cortez and was drafted to implement the Comprehensive Plan and Heart and Soul values. She stated that comments received have been written down and summarized and has lead to the version of the code which has been available for the public and Council to review. She noted the recommendations made by the Planning and Zoning Commission and stated that the code can be changed as needed. She stated that staff asks that Council approve the code as presented. Mayor Sheek noted that each Councilmember has been given a copy of a letter from Bud Garner, 608 North Washington, Cortez, which will be included in the public record. She opened the public hearing. Lana Waters, 16415 CR 21.4, stated that she and her husband are developers and business owners in the community and have a lot of concerns about the land use code including vested rights, landscaping and buffering requirements. She spoke about the many empty buildings in downtown Cortez and that the City should do more to increase growth in the community. She asked that Council not approve the code as it is written. A citizen from the County (Alan) stated that he has lived in Cortez all his life and has concerns with the code and the requirements that would be put on businesses in the downtown area. He stated that he does not feel that the medians have added to downtown and have made it more dangerous for the driving public. He spoke about walking downtown noting that the sidewalks are dangerous. CITY COUNCIL REGULAR MEETING OCTOBER 8, 2019 PAGE 3 Roman Jefferson, Road J, stated that he supports the landscaping requirements as they are there to beautify property which is good for everyone. He spoke about the reason for landscaping noting it helps with heat issues. He stated that he understands the constraints on businesses, but commented that in the end it is a good investment. Sheldon Randall, 22668 Road S, stated that he is a business owner and has a deep interest in the City as a whole. He stated that the proposed Land Use Code has updates that effect the current and future development of commercial, residential, and industrial areas of the City. He stated that the opportunity for growth in the community is crucial for offering jobs. He stated that the code does not help simplify the process and the code is complicated and cumbersome. He spoke about concerns with buffering near the Geer Natural Area which effects expansion of his business. David Waters, 16415 CR 21.4, stated that there has been very little outreach to people in the community about the changes proposed. He stated there were the three public meetings held in nine days and he feels businesses do not know what is going on. He spoke about his concern with the sign regulations and asked that the code be tabled to allow more people to offer their comments. He spoke about paper subdivisions that may be done away with. David Temple, 18501 Road J, stated that he has followed this document procedure since its inception and that staff has done a beautiful job on moving the code forward. He stated that the process has allowed for discussion and input by the public many times. Robert Dobry, 29 East Main Street, stated that the City Council owes it to the citizens to be in compliance with Colorado law and show care for their tax dollars and he asked that Council refrain from voting on the Land Use Code. He stated that due to municipal audits that have not been filed since 2016, the Council should not make major decisions until the audits are completed so informed decisions can be made. Lance McDaniel, 615 West 3rd Street, stated that he serves on the Planning and Zoning Commission and commented that the code has been worked on for a long time. He stated that there were not just three meetings in nine days as there have been many meetings held on the code over many years. He stated that several items were changed at the Planning and Zoning Land Use Code public hearing which Mr. Waters requested and those changes were included in the code being presented for Council approval. He stated that the document is not perfect but it is a working document and he encouraged Council to approve the code. He stated there are ways to change the code if it is needed. David Waters stated that if Council does not support their business people, Cortez will wither up and die. He stated that if you don’t have development, you don’t have housing and the proposed Land Use Code does not support affordable housing. He stated that he would like the code to be tabled so it can be further reviewed by the community before it is passed. Lana Waters read comments from her daughter who owns a business in the Central Business District. She stated that there are concerns with Chapter 7.03, Signage. She stated that the code has specific language in some areas and vague language in other sections. She stated that she hopes that Council has read and understands the code prior to adopting it. No one else spoke and Mayor Sheek CITY COUNCIL REGULAR MEETING OCTOBER 8, 2019 PAGE 4 closed the public hearing. In answer to a question from Councilmember Carlson, City Planner Hughes explained how the Land Use Code could be changed and what the process would include. Councilmember Keel asked about the public meetings that were held on the code City Planner Hughes stated that three meetings were held on different days and different times during that nine day period; however, there has been numerous opportunities to comment on the code including many Planning and Zoning meetings. She stated that staff has also received many written comments throughout the process. Mayor Sheek noted that the code has been worked on for over five years and asked where the other developers are that have concerns. Discussion was held between the audience and Council on the process of receiving input on the code. Dave Water stated that there are a lot of people that do not know what is happening with the code and he will speak to people about the code and get them to attend meetings if Council would table it for further review. Discussion was held on the sign regulations and how they apply to businesses. In answer to a question from Mayor Sheek, City Planner Hughes stated that the current draft code was put on-line in October 2018 and new drafts continue to be posted as changes are suggested. Mr. McDaniel stated that all the Planning and Zoning meetings are posted on the City’s website as well at City Hall and he commented that he does not know what more you can do to get people to be aware of items that are being discussed by the City. Don Kirk, 9 West 2nd Street, stated that he was not aware that he could comment at a City Council meeting until recently. He stated that he finds out what is happening in the community by looking in the store windows at the banners and posters. It was noted that the vested rights language has not been changed in the proposed code from the current code. City Planner Hughes stated that vested rights are dictated by State Statutes. Ms. Waters stated that their subdivision was platted before State Statutes were put into place and they were told that the City would work with them on a case–by-case basis. She commented that the State Statues have not been followed in the past. Director of Public Works Johnson stated that a date to implement the code has been set for March 31, 2020, to allow for items in the code that may need to be tweaked to be worked out. He stated that if the date for implementation needs to be pushed back to allow for more time to work with developers and other on their concerns, that could be done. City Attorney Green stated that staff is committed to work with the community on any issues that anyone may have. Councilmember Keel stated that Council tries to do the best they can with the information they are given and sometimes Council trips up; however, the only thing that can happen is to move forward. Mayor Sheek stated that the City has tried really hard to get people to participate and has done their best to get information out to all the public. Council discussed different options on pushing the date back for implementation and/or approval of the code. Councilmember Betts moved that Council table the date for approval of the code for 90 days. Discussion was held on what would happen in the timeframe of tabling the code and it was recommended that the time would allow for anyone wanting to make suggested changes, to put them in writing for Council’s review. Councilmember Carlson moved that the public hearing for Ordinance No. 1267, Series 2019, adopting by reference, the Cortez Land Use Code and Zoning Map for the City of Cortez, be continued until January 28, 2020. Councilmember Betts seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING OCTOBER 8, 2019 PAGE 5 Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes b. Ordinance No. 1268, Series 2019. City Attorney Green stated that Ordinance No. 1268, Series 2019, approves 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 only request from the City is that the street be paved and the agreement includes a reverter clause indicating that if the road is not constructed in five years that the property would revert to the City. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Keel moved that the land transfer of east 7th Street Right-of-Way from South Sligo to City line, by the City of Cortez to Montezuma County be approved. 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 a. 4 Corners Office Building Sale. City Manager Dougherty stated that Council reviewed the offer for the sale of the 4 Corners office building (located at 25306 Road L) during Executive Session and Council would like to make a counter-offer. Councilmember Noyes moved that the Mayor be authorized to sign the counter-offer as discussed in the Executive Session on the 4 Corners Office Building property. 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 7. NEW BUSINESS a. Appointment to the Cortez Public Art Committee. Library Director Ikenouye stated that Shere Holloman has submitted her letter of interest to serve on the Cortez Public Art Committee in place of Heidi Brugger who recently resigned. He stated that Ms. Holloman has already participated in the committee meetings and the Cortez Public Art Committee supports her appointment. Council complimented Ms. Brugger on the work she completed on the Mural Walk information. Councilmember Carlson moved that Shere Holloman be appointed to the Cortez Public Art Committee for a two-year term. 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. Letter of Support for Ballot Issue 4a. Mayor Sheek commented that a letter was received from CITY COUNCIL REGULAR MEETING OCTOBER 8, 2019 PAGE 6 Jason Dunlap, 15655 Road 30, Dolores, regarding his concerns on support of Ballot Issue 4a and his letter will be included with the public record. She stated that a letter of support would endorse Montezuma-Cortez School District RE-1’s ballot issue regarding a measure to fund higher salaries for teachers and also security and safety improvements. Councilmember Carlson stated that she supports the ballot issue as she made more money fresh out of college teaching in Las Vegas than teachers make today in Cortez. Lori Haukeness, 25540 County Road N.6 Loop, stated that Cortez School Board really wants to work with the community to recruit and retain quality staff. She stated that the goal is to bring the wages to a competitive level and to bring safety improvements. She thanked Council for all they do in serving the community. Councilmember Lavey moved that Council approve a letter of support for Montezuma-Cortez School District RE-1’s Ballot Issue 4a. 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 c. Professional Services Agreement to Perform Traffic Studies on Mildred Road. City Engineer Hill stated that due to increasing traffic and vehicle accidents, Public Works is planning to conduct a study of traffic control options for the intersections of Mildred and Montezuma and Mildred and Empire. He stated that a Request for Proposals (RFP) was issued to four engineering consulting firms with whom the City has prior project experience and two proposals were received back. He stated that the City’s Engineering Division reviewed the proposals and are recommending that SGM’s proposal be accepted as they included the full scope of work and corresponding level of effort needed to adequately complete the work. He stated that the proposal from SHE failed to include all the scope items requested in the RFP. Don Kirks, 9 West 2nd Street, stated that as a pedestrian and rider in other people’s cars he feels that the money being put out for a study is not necessary and that the City can tell what improvements need to be completed at the intersections by observing them. Councilmember Keel stated that the money for the study has been included in the current budget and commented that the information could help with future development of the intersections by having professional designs that outline the scope of work on pedestrian and traffic safety. Councilmember Lavey stated that the intersections are very complicated and these companies are professional engineers that can design the best solution for the intersections. Councilmember Betts moved that Council approve a Professional Services Agreement with SGM, Inc., at a cost of $18,250 to perform a traffic study on Mildred Road and Empire Street. Councilmember Keel seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes No Yes City Attorney Green pointed out that the traffic study would also include the intersection at Mildred Road and Montezuma Avenue and noted that the motion should be for the two intersections on Mildred Road. Councilmember Carlson moved that Council approve a Professional Services Agreement with SGM Inc., at a cost of $18,250 to perform a traffic study on Mildred Road (at the intersections of Montezuma Avenue and Empire Street). Councilmember Betts seconded the CITY COUNCIL REGULAR MEETING OCTOBER 8, 2019 PAGE 7 motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes No Yes 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS a. Letter to the Public Utilities Commission of the State of Colorado. Councilmember Lucero recused himself from the discussion and vote due to a possible conflict-of-interest. Mayor Sheek stated that she was contacted about the City sending a letter to the Public Utilities Commission of the State of Colorado regarding Tri-State Generation and Transmission energy resource plans. Mayor Sheek stated that after receiving information from Empire Electric on the issues, the letter was revised. Discussion was held on the reason for the letter of support being requested and whom was requesting it. Councilmember Carlson stated that requests for support at last minute do not allow Council the opportunity to review the information in more depth before a motion is made. Councilmember Carlson moved that Council not send a letter to the Public Utilities Commission of the State of Colorado. Councilmember Keel seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes * Yes Yes *Councilmember Lucero recused himself from the discussion and vote due to a possible conflict-of- interest. 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 a presentation was made by representatives of ChargePoint and discussion was held on the Recreation Center parking lot reconstruction. Council reviewed a proposed five-year plan for street assets and an Executive Session was held to discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. Section 24-6-402(4)(a). b. Historic Preservation Board. Councilmember Betts stated that discussion at the Historic Preservation Board meeting on October 2, 2019, included information on property on 1st Street that would fit into the history of Cortez. c. Comedy Shows. Councilmember Carlson stated that on October 18, 2019, a Homecoming Tour CITY COUNCIL REGULAR MEETING OCTOBER 8, 2019 PAGE 8 Comedy Show will be held in Durango with Fort Lewis Alumni comedians being featured. She stated that another show will be held on October 19, 2019, in Cortez and if anyone is interested in more information, to let her know. The regular meeting was adjourned at 9:35 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________ Linda L. Smith, City Clerk