City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, DECEMBER 10, 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, Mike Lavey, and Gary Noyes. Councilmember Ty Keel was absent. Staff members present were Associate Planner Neva Connolly, Interim Chief of Police Andy Brock, City Planner Tracie Hughes, Director of Public Works Phil Johnson, Fire/Building Inspector Sean Canada, Management Intern Peyton Heitzman, Library Director Eric Ikenouye, Patrol Sergeant Glen Edwards, Public Works Operator Ryan Neely, Director of Parks and Recreation Dean Palmquist, Patrol Sergeant David Allmon, Parks and Recreation Operations Coordinator Dan Jones, Patrol Officer Frank Kobel, Library Assistant Clerk Sally Leitner, Detective Lieutenant Ryan Loyd, Detective Angelo Martinez, Seasonal Recreation Supervisor Michelle Devall, Public Works Foreman Donald Cornett, Patrol Sergeant Rex Brinkerhoff, Building Maintenance Supervisor Tim Crites, Public Works Administrative Assistant Dona Thompson, City Clerk Linda Smith, City Manager John Dougherty, and City Attorney Mike Green. There were over 50 people present in the audience including many employees from the Police Department not listed above. 2. The Consent Agenda items acted upon by Council were as follows: a. Approval of the Worksession and Regular Meeting Minutes of November 26, 2019. b. Approval of the payment of the Expenditure Vouchers of December 10, 2019. c. Approval of a renewal Fermented Malt Beverage Liquor License for Walmart Inc., DBA WalMart Store #0966, located at 1835 East Main Street, Cortez. d. Approval of a renewal Tavern Liquor License for Cortez Veterans Inc., DBA Cortez Veterans Inc., located at 320 North Harrison Street, Cortez. City Manager Dougherty noted that added to the additional expenditure list was a payment for the 2019 Sidewalk Cost Share Project. He stated that the additional expenditure list was to be used for utility providers only; however, this invoice was attached to a different invoice so it was missed and was therefore added to the additional expenditure list so it could be paid. Mayor Pro-tem Lucero moved that the Consent Agenda be approved with the additional expenditure vouchers of $29,056.26. Councilmember Carlson seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes 3. PRESENTATIONS a. Anniversary Awards for City Employees. The following City employees received anniversary awards: 5 years (2014) Glen Edwards, Tracie Hughes, Marissa Hurst, Eric Ikenouye, Philip CITY COUNCIL REGULAR MEETING DECEMBER 10, 2019 PAGE 2 Johnson, Ryan Neely, and Katelyn Woodman; 10 years (2009) Brad Milligin and Dean Palmquist; 15 years (2004) David Allmon, Daniel Jones, Frank Kobel, Sally Leitner, Ryan Loyd, and Angelo Martinez; 20 years (1999) Michelle Devall; 25 years (1994) Donald Cornett and Carla Odell; 30 years (1989) Rex Brinkerhoff; and 40 years (1979) Tim Crites and Dona Thompson. Council thanked the employees for their service to the City. 4. CITIZEN PARTICIPATION a. Land Use Code Comments. Mindy Nielson, 22094 Road N, asked why the City doesn’t have any money and spoke about her objection to the Land Use Code. She spoke about the payment of property tax by all property owners and that the Land Use Code is too broad a plan for this little town. She spoke about landscaping and manufacturing home regulations. She invited everyone to attend a meeting being held on the Land Use Code in January. b. Land Use Code Comments. Elizabeth Berger, Montezuma County resident and owner of property in City limits, stated that she has concerns about the building code and asked if the new buildings (Court House, Osprey, Hospital addition, etc.) that have been approved prior to the new code being approved, if they would meet the proposed building codes requirements. She spoke of metal siding not being allowed in the new code and commented that the language in the new code is to vague and leaves requirements to interpretation. c. Thanks for Taking a Stand. David Spiegel thanked Council for taking a stand on the marijuana business that had filed a lawsuit and commented that there are enough of them here already. d. Land Use Code Comments. Charlie Williamson, 1927 Shady Lane, stated that he spent a couple hours with the City Planner to receive factual answers on the code and commented that he feels the code should be written so everyone can understand it. He suggested that anyone that has questions, to write them down and come speak to City staff and find out the answers so the facts are known. He stated that the siding issue is not being interpreted correctly and commented that there are other items that are not clearly being portrayed to the public correctly. He encouraged the public to ask staff questions and get the answers. 5. PUBLIC HEARINGS a. QUASI-JUDICIAL ITEM – Resolution No. 41, Series 2019. City Attorney Green reminded Council that Resolution No. 41, Series 2019, is a Quasi-Judicial Item and the information received at the hearing is what Council should use for their decision making. He stated that additional information is being presented by both staff and the applicant on the process of hemp oil extraction and the applicant will address how they would deal with odor concerns. Associate Planner Connolly reviewed the information on a re-application for a hemp oil extraction facility to be located at 1480 Industrial Road. She stated that the applicant, 3o3 Labs, has offered mitigation towards the concern of odor issues and the City Engineer has agreed with the implementation of two filters in the building to help eliminate odors. She stated that Congress removed industrial hemp and its derivatives from the list of Schedule 1 drugs in 2018, and producing and selling industrial hemp and its derivatives (including CBD) are legal under Federal law. She spoke about the process 303 Labs would use to extract hemp oil and noted that the CO2 process (Eden CITY COUNCIL REGULAR MEETING DECEMBER 10, 2019 PAGE 3 Supercritical CO2) has received engineering review and meets the International Fire Code and ASME Boiler and Pressure Vessel Code Standards. She reviewed the requirements for approval of a Conditional Use Permit from Land Use Code Section 5.02(d) and staff comments on the project. She stated that Planning and Zoning Commission reviewed the re-submittal application on December 3, 2019, and recommended approval with an additional requirement that the applicant shall install an engineered air filtration system prior to the issuance of a Certificate of Occupancy. She noted that the application meets several goals of the Comprehensive Plan and reviewed the alternatives for Council regarding approval/denial of the application. Marlyn Nunez, 799 Arbor Street, addressed Council regarding the plan for 3o3 Labs to establish a facility at 1480 Industrial Road to extract cannobidiol (CBD) from hemp via CO2 extraction. She spoke of her background in extraction and noted her Chemistry and Nursing degrees which she has obtained and the reason for wanting to open a hemp extraction facility that would create products that would have medicinal and wellness options. She stated that 3o3 Labs would like to offer the extraction process to the 49 hemp farmers in Montezuma County. She spoke about how the process of extraction works and stated that the system which they have chose to complete the process is safe. She stated that a filtration system would be implemented before the process would begin. She spoke about the placement of the two filters in the building to help with odor. She stated that they would not be completing marijuana extraction, but rather a hemp extraction which does not have the same smell. In answer to a question from Councilmember Carlson, Associate Planner Connolly stated that the second floor of the building would not be available for any use; however, there is a place for storage on the first floor. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Lavey moved that Council approve Resolution No. 41, Series 2019, approving a Conditional Use Permit to establish a hemp oil extraction facility at 1480 Industrial Road, Cortez. Councilmember Noyes seconded the motion and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes 6. UNFINISHED BUSINESS a. Resolution No. 36, Series 2019. Management Intern Heitzman stated that Resolution No. 36, Series 2019, was tabled at the November 26, 2019, meeting and it has been changed as requested by Council to clarify the hourly charge for using the station as well as an additional parking fee that would be applied after the first four-hour charge. There were no questions and Councilmember Carlson moved that Council approve Resolution No. 36, Series 2019, setting the fees and charges for the Cortez Electric Vehicle Charging Station located at the Cortez Welcome Center for charging services offered by the City of Cortez, Colorado. Councilmember Lavey seconded the motion and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes CITY COUNCIL REGULAR MEETING DECEMBER 10, 2019 PAGE 4 7. NEW BUSINESS a. Resolution No. 38, Series 2019. City Clerk Smith stated that Resolution No. 38, Series 2019, begins the election process by setting the Mail Ballot election for April 7, 2020. She stated that the petition process for the election will begin in January 2020 and the resolution sets the process for the election in motion. She stated that the election is on the first Tuesday after the first Monday in even numbered years. Mayor Pro-tem Lucero moved that Council approve Resolution No. 38, Series 2019, authorizing a Mail Ballot Election to be held on April 7, 2020. Councilmember Betts seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes b. Pay Invoices Through 2019. City Manager Dougherty stated that due to Council not meeting prior to the end of the year, staff would ask if they can continue to pay the bills and provide an expenditure list at the first Council meeting in January 2020. Councilmember Carlson moved that Council approve the payment of invoices through December 31, 2019, with a list of expenditures to be furnished to Council at their first meeting in January 2020. Councilmember Betts seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes c. Resolution No. 39, Series 2019. Director of Parks and Recreation Palmquist stated that Resolution No. 39, Series 2019, allows the Cortez Water Dragons Swim Team to pursue appropriate sponsorship funding for the replacement of the starting blocks, anchors, and concrete decking on the west end of the Municipal Outdoor Swimming Pool. He stated that the swim team had asked for the 50-meter starting blocks to be replaced at the outdoor swimming pool as they are no longer usable. He stated that there is not City funding available for the replacement and the swim team would like to sell sponsorships and solicit private donations to raise the necessary funds (approximately $30,000 to $35,000) for the replacement. He reviewed the donation policy of the City as outlined in Resolution No. 7, Series 2012. He stated that there is a local swim meet held in Cortez each year and a regional meet every three to five years. He asked that Council consider approving Resolution No. 39, Series 2019, allowing the Cortez Water Dragons Swim Team to pursue appropriate sponsorship funding. Councilmember Lavey moved that Council approve Resolution No. 39, Series 2019, allowing the Cortez Water Dragons Swim Team to pursue appropriate sponsorship funding for the replacement of the starting blocks, anchors, and concrete decking on the west end of the Municipal Outdoor Swimming Pool. Councilmember Noyes seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes CITY COUNCIL REGULAR MEETING DECEMBER 10, 2019 PAGE 5 d. Resolution No. 40, Series 2019. Director of Parks and Recreation Palmquist stated that Resolution No. 40, Series 2019, supports the grant application for a School Yard Grant from the State Board of the Great Outdoors Colorado Trust Fund to be used towards the completion of the Montezuma-Cortez Middle School Play Structure. He stated that he has been working with six middle school students to write a grant for a play structure and poured-in-place rubberized surface material. He stated that the grant is due Tuesday, January 7, 2020, and the City would act as the applicant for the grant which would require minimal City staff time. He stated that the grant amount being requested is $82,500 and would require the Montezuma-Cortez School District to pay the difference for the project. He stated that he and Recreation Supervisor Rosa Dimon have enjoyed working with the students on the grant writing process. Councilmember Betts moved that Council approve Resolution No. 40, Series 2019, supporting the grant application for a School Yard Grant from the State Board of the Great Outdoors Colorado Trust Fund for the completion of the Montezuma-Cortez Middle School Play Structure. Councilmember Carlson seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes e. Renaming of City Park to Veterans Park. Director of Parks and Recreation Palmquist thanked all the veterans that were in attendance at the meeting. He stated that the City was approached earlier in the year by community members about naming one of the City’s outdoor facilities in tribute to one of our fallen service members (SFC Will Lindsay). He stated that memorials already exist at City Park for military veterans with a bell and a flag display. He stated that the Parks, Recreation, and Forestry Advisory Board members have recommended that City Park be renamed to Veterans Park and that the City work with the local Veterans’ Administration organizations to establish a memorial wall. Rick Torres, 11342 Road 29, Montezuma County Veteran’s Service Officer, stated that approximately 2,000 veterans live in Montezuma County and he interacts with many of them throughout the year. He stated that the renaming of City Park to Veterans Park is a fitting tribute to those that have lost their lives in combat as well as their families and all the veteran’s and their surviving spouses. John Davis, 14183 Road 27, read a letter from Auxiliary President (Corina Hampton) supporting the renaming of City Park to Veterans Park commenting that she believes it would show honor to those that have served their country. He stated that they would be honored to assist in helping to maintain the memorial which would honor those that served, sacrificed, and protected our country. He stated that on behalf of VFW Post #6241, all the members are in full support of the name change. Mayor Pro-tem Lucero thanked the servicemen that have served and those that are currently serving as we have our freedom because of them. Councilmember Carlson urged those that have served and those that haven’t to use the park as a memory trigger to remember that it is not just a symbolic gesture but a place to show respect and give thanks to all veterans. Councilmember Lavey stated that he is also a veteran and thanks those that have served and ‘welcome home’. Councilmember Lavey moved that Council rename City Park to Veterans Park and provide space at the park for a memorial wall recognizing service members lost in combat. Mayor Pro-tem Lucero CITY COUNCIL REGULAR MEETING DECEMBER 10, 2019 PAGE 6 seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes f. Resolution No 42, Series 2019. Mayor Sheek moved Resolution No. 42, Series 2019, to the beginning of the agenda as the Council Chambers was filled with Chief Roy Lane’s family and fellow employees from the Police Department. Interim Chief of Police Brock stated that Chief Lane has announced his retirement after being employed with the City for over 38 years and currently is the longest tenured Chief in the State of Colorado. He stated that Chief Lane is a highly esteemed leader and among his many achievements received the prestigious Pat Steele Award from the Colorado Association of Chiefs of Police in 2016 for his contributions to the profession. He stated that in gratitude for all his work, it is asked that Council consider approving Resolution No. Resolution No. 42, Series 2019, naming the Municipal Courtroom located in City Hall after Chief of Police Roy Lane as the “Roy Lane Courtroom”. Councilmembers thanked Chief Lane for his work and dedication to the City. It was noted that Chief Lane gave a lot of people a start in law enforcement and will be missed. It was noted that Chief Lane was instrumental in getting the Bridge Shelter started, served as a board member on Renew, cooked for the Hospice Pancake Fundraiser, and was a bell ringer for the Salvation Army. Mayor Sheek thanked all the people that came to show their admiration for Chief Lane and commented that he is so deserving of this honor. Councilmember Betts noted that Chief Lane cherishes his family more than anything and commented that anytime any of his grandkids throw a baseball, they should think of their grandpa. Mayor Pro-tem Lucero noted that Chief Lane is a Cowboys fan. Councilmember Carlson moved that Council approve Resolution No. 42, Series 2019, naming the Municipal Courtroom located in City Hall after Chief of Police Roy Lane as the “Roy Lane Courtroom”. Councilmember Lavey seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes g. QUASI-JUDICIAL ITEM – Set a Public Hearing for a New Retail Liquor Store License for Paragon Business Investments, LLC, DBA The Cellar. City Attorney Green stated that Paragon Business Investments, LLC, DBA The Cellar, to be located at 2410 Fairway Drive, Suite B, Cortez, has requested a public hearing date be set for review of their application for a new Retail Liquor Store License. Councilmember Carlson moved that Council set a public hearing date of January 14, 2020, to review a new Retail Liquor Store License for Paragon Business Investments, LLC, DBA The Cellar, to be located at 2410 Fairway Drive, Suite B, Cortez, and the neighborhood boundaries set as the City limits Councilmember Betts seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes h. Letter of Support for Mesa Verde National Park. Management Intern Heitzman stated that CITY COUNCIL REGULAR MEETING DECEMBER 10, 2019 PAGE 7 David Quinn, Sales Manager for Mesa Verde Museum Association, spoke to Council at the November 19, 2019, worksession to share the efforts being made towards designating Mesa Verde National Park as a Dark Sky Park. She stated that a Letter of Support is included in the packet for Council’s review. Councilmember Betts moved that Council authorize the Mayor to sign a Letter of Support for Mesa Verde National Park becoming an official International Dark Sky Park. Councilmember Noyes seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes i. Ordinance No. 1272, Series 2019. City Attorney Green stated that Ordinance No. 1272, Series 2019, revises the City of Cortez Medical and Retail Marijuana Codes and authorizes the issuance of and the regulation of Retail Marijuana Product Manufacturing approval within the City of Cortez. He stated that revisions include separate distance sections for retail and medical marijuana license applications as well as a definition of neighborhood. He also stated that the regulations include who may speak at a public hearing, the statement that hearings are quasi-judicial in nature and appeals of Council are governed by Rule 106 Colorado Rules of Civil Procedure. He stated that the ordinance also provides revisions as mentioned by Judge Plewe in his order deciding the NuVue appeal. He stated that included in the ordinance, are regulations for a retail marijuana product manufacturing approval process which would be effective in March 2020 with the Land Use Code approval. He asked that Council set the ordinance for second reading and a public hearing on January 14, 2020. Discussion was held on what would consist of the neighborhood. In answer to a question from Mayor Pro-tem Lucero, City Attorney Green stated that some of the changes improve the regulations were already being reviewed by City staff and some were defined in the appeal process. Discussion was held on the findings for approving/denying a license as found in Section 4-106 (1-8). Councilmember Lavey moved that Council approve on first reading Ordinance No. 1272, Series 2019, approving the revisions to the City of Cortez Medical and Retail Marijuana Codes and authorizing the issuance of and the regulation of Retail Marijuana Product Manufacturing approval within the City of Cortez, and set for public hearing on January 14, 2020. Councilmember Carlson seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek No Yes absent Yes Yes No Yes j. Resolution No. 43, Series 2019. City Manager Dougherty stated that Resolution No. 43, Series 2019, supports rulemaking to require Regulation 7 Protections State-wide. Discussion was held on Regulation 7 which originally effected the front range. Nathan Goodman, Southwest Field Organizer with Conservation Colorado, explained the history of Regulation 7 stating that in 2014 the State adopted the resolution which encouraged the Air Quality Control Commission to enforce regulations standards State-wide. He that methane is the most potent Greenhouse Gas, trapping 84 times more heat in our atmosphere than carbon dioxide and along with methane leaking from oil and gas well, there are numerous other toxins which pollute our air and water. In answer to a CITY COUNCIL REGULAR MEETING DECEMBER 10, 2019 PAGE 8 question from Mayor Sheek, Mr. Goodman spoke of the issues with leakage of methane and noted that the Four Corners area is a methane hotspot. Councilmember Lavey moved that Council approve Resolution No. 43, Series 2019, supporting rulemaking to require Regulation 7 protections State-wide. Councilmember Carlson seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek No Yes absent Yes No No Yes Motion dies with 3-3 vote. k. Resolution 44, Series 2019. City Manager Dougherty stated that Resolution No. 44, Series 2019, supports the implementation of the Colorado Water Plan. He stated that a presentation was made during the worksession on the Colorado Water Plan which will be funded through the recent approval of Proposition DD. He stated that the City of Cortez has recently begun our own xeriscaping and reducing water usage over the past year and would like to encourage the Legislative and Executive Branches of State government to prioritize permanent funding for the full implementation of the Colorado Water Plan which would focus on creating a management plan for 80% of the State’s rivers and streams by 2030. Councilmember Carlson moved that Council approve Resolution No. 44, Series 2019, supporting the implementation of the Colorado Water Plan. Councilmember Lavey seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek No Yes absent Yes No Yes Yes 9. OTHER ITEMS OF BUSINESS – None. 10. ADDITIONAL CITIZEN PARTICIPATION a. Land Use Code Comments. Alan Maez, Lewis, stated that Council could amend the existing Land Use Code similar to how the code is being amended with the marijuana regulations. He stated that Council needs to read the code and make changes as things come up. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT a. Happy Holidays. City Manager Dougherty wished everyone Happy Holidays. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek thanked staff for the delicious dinner that was served. She stated that during the worksession a presentation was made by the Cortez Water CITY COUNCIL REGULAR MEETING DECEMBER 10, 2019 PAGE 9 Dragons (Mara Baxstrom, President of the Cortez Water Dragons) on their fundraising efforts to purchase starting blocks, anchors, and concrete decking at the Municipal Outdoor Swimming Pool (which was approved during the regular business of City Council). Also, an update was given on the employee’s retirement program and discussion was held on adding the Youth Commission to the Volunteer Committee’s Annual Discount at City facilities. A brief update was given on the finances of the City and a presentation was given on the Colorado Water Plan (re: Resolution No. 44, Series 2019). An update was given on the Land Use Code by staff. b. Mesa Verde Country Meeting. Mayor Sheek stated that discussion at the Mesa Verde Country meeting was mostly held on the Lodger’s Tax increase. She explained that Lodger’s Tax is collected from rooms that are rented out by visitors to the community. c. Resignation of Councilmember Carlson. Councilmember Carlson stated that due to the addition of a part-time job which she has recently added to her schedule, she has to step down from City Council as she feels she cannot devote the time that the City Council position deserves. She stated that this will be her last meeting and she appreciates everyone that she has worked with over her four years. She encouraged citizens to run for City Council commented that it can be a thankless job sometimes, but we need to remember why we are here, though criticism is but a small part of it, but being able to affect positive change in the community and moving the City forward. She stated that she was honored to have served the community. Mayor Sheek thanked Councilmember Carlson for her contributions to City Council commenting that many times she a voice of reason. The regular meeting was adjourned at 9:20 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________ Linda L. Smith, City Clerk