City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 10, 2020 1. The meeting was called to order at 7:30 p.m., through ZOOM. The meeting was opened with the Pledge of Allegiance. Councilmembers present were Mayor Mike Lavey, Robert Dobry, Amy Huckins, Orly Lucero, Mayor Pro-tem Rachel Medina, David Rainey, and Arlina Yazzie. Staff members present were Finance Director Ben Burkett, Director of Parks and Recreation Dean Palmquist, Director of General Services Rick Smith, Director of Public Works Phil Johnson, Associate Planner Neva Connolly, City Planner Tracie Hughes, Fire/Building Inspector Sean Canada, Library Director Alicia Gomori-Lusker, Network Administrator Bill Kuhn, City Clerk Linda Smith, City Manager John Dougherty, and City Attorney Mike Green. There were eight people signed up as participants on ZOOM. 2. The Consent Agenda items acted upon by Council were as follows: a. Approval of the Worksession and Regular Meeting Minutes of October 27, 2020. b. Approval of the payment of the Expenditure Vouchers of November 10, 2020. c. Approval of a Report of Corporate Changes and a renewal Fermented Beer Liquor License for Walmart Inc., DBA Wal-Mart Store No. 0966, located at 1835 East Main Street, Cortez. Councilmember Huckins moved that the Consent Agenda be approved with the amendment to the agenda (New Business Item 6p) adding discussion on the requirement of wearing masks. Councilmember Rainey seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes 3. PRESENTATIONS – None. 4. PUBLIC HEARINGS a. Ordinance No. 1279, Series 2020. Director of Finance Burkett stated that Ordinance No. 1279, Series 2020, summarizes expenditures and revenues for each fund and adopts a budget for the City of Cortez for the calendar year beginning on the first day of January 2021 and ending on the last day of December 2021. He stated that Council reviewed the three ordinances (Ordinance No. 1279, Ordinance No. 1280, and Ordinance No. 1281, Series 2020) on first reading at the October 27, 2020, Council meeting. He noted that the fee resolutions being reviewed under New Business make up the revenue for the budget. He also stated that the three enterprise zones will have a resolution adopting the 2021 Budget for each of the enterprise funds (Cortez Community Network, Water Enterprise, and Hydro Electric Power). Mayor Lavey opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Dobry moved that Council approve on final reading Ordinance No. 1279, Series CITY COUNCIL REGULAR MEETING NOVEMBER 10, 2020 PAGE 2 2020, an ordinance summarizing expenditures and revenues for each fund and adopting a budget for the City of Cortez, Colorado, for the calendar year beginning on the first day of January 2021 and ending on the last day of December 2021. Councilmember Huckins seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes b. Ordinance No. 1280, Series 2020. Director of Finance Burkett stated that Ordinance No. 1280, Series 2020, appropriates sums of money to the various funds and spending agencies, in the amount and for the purpose as set forth below, for the City of Cortez for the 2021 Budget year. Mayor Lavey opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Huckins moved that Council approve on final reading Ordinance No. 1280, Series 2020 appropriating sums of money to the various funds and spending agencies, in the amount and for the purpose as set forth below, for the City of Cortez, Colorado, for the 2021 Budget year. Councilmember Rainey seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes c. Ordinance No. 1281, Series 2020. Director of Finance Burkett stated that Ordinance No. 1281, Series 2020, approves levying property taxes for the year 2021, to help defray the costs of government for the City of Cortez for the budget year. He noted that Section 4 of the ordinance outlines that the Finance Director is authorized and directed to certify to the County Commissioners of Montezuma County, Colorado, the mill levies for the City of Cortez and is authorized to recalculate as needed upon receipt of the final (December) certification of valuation from the County Assessor in order to comply with an applicable revenue and other budgetary limits. In answer to a question from Mayor Pro-tem Medina, Director of Finance Burkett stated that the Gallagher Amendments that were just recently approved by the voters would not have an effect on the City of Cortez mill levy amount as the property tax calculations are completed by the County. Mayor Lavey opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Yazzie moved that Council approve on final reading Ordinance No. 1281, Series 2020, approving the levying of property taxes for the year 2021, to help defray the costs of government for the City of Cortez, Colorado, for the budget year. Councilmember Lucero seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes d. Resolution No. 26, Series 2020. Associate Planner Connolly stated that Resolution No. 26, Series 2020, approves a site development plan for the construction of a cannabis grow facility at 1020 South Broadway. She stated that Dean Brookie, representing property owner 1020 South Broadway LLC, has submitted a site plan application to construct a 7,000 square foot building on property currently addressed as 1020 South Broadway. She stated that the building is intended to CITY COUNCIL REGULAR MEETING NOVEMBER 10, 2020 PAGE 3 house a cannabis grow facility and noted that there would be no public access or retail sales from the building. She stated that the Land Use Code requires 18 parking spaces for the new facility and an ADA compliant sidewalk will be constructed from the ADA parking space to the grow facility. She stated that the proposed building will be located to the north of the existing Chronic Therapy building. She noted that the setbacks for the proposed building have been met and the applicant has proposed to install 2,780 square feet of new landscaping. She stated that the Planning and Zoning Commission reviewed the project on October 7, 2020, and recommended approval with eight conditions. She stated that the proposed facility is subject to all local and State marijuana licensing requirements and the proposal meets the 1,500-foot distance requirements from other marijuana facilities and public, private, or charter schools. She reviewed the agency/utility provider comments noting that the Cortez Fire Protection District would like to see a fire hydrant installed at 1020 South Broadway. She stated that the Fire Protection District request is covered through condition h in Resolution No. 26, Series 2020. She also noted that the access permit is being reviewed by the Colorado Department of Transportation (CDOT) and any requirements they may have would be covered through condition g in the resolution. She noted one comment was received from a neighbor of Chronic Therapy regarding their outdoor lighting and Associate Planner Connolly stated that the building department will work out any lighting issues during the plan review process. In answer to a question from Councilmember Lucero, Associate Planner Connolly stated that CDOT is working through the process and everything continues to be moving forward. Councilmember Yazzie asked if the cannabis grown in the new facility would be sold in their own store. Matt Saunders, representing Chronic Therapy, stated that the cannabis grown in the Cortez facility would be used for their stores located in Cortez, Aurora, and Wheatridge. He stated that Chronic Therapy would employ between four to six employees in the new grow facility. In answer to a question from Councilmember Yazzie, Associate Planner Connolly commented that the security plan is part of the licensing requirements. Mayor Lavey opened the public hearing; however, no one spoke and the hearing was closed. Mr. Saunders commented that if there is a lighting problem on the property, they would take care of the issue as long as it is within the regulations allowed. Mayor Pro-tem Medina moved that Council approve Resolution No. 26, Series 2020, approving a site development plan to construct a cannabis grow facility at 1020 South Broadway, as submitted by Dean Brookie of Brookie Architecture, representing property owner 1020 South Broadway LLC, with eight conditions (a-h). Councilmember Lucero seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS a. Golf Professional Contract with Rudosky Golf, LLC. Director of Parks and Recreation Palmquist stated that the current contract with Rudosky Golf, LLC, (Micah Rudosky) for golf professional services at the Conquistador Golf Course will expire on December 31, 2020, and is up for renewal. He stated that Rudosky Golf, LLC, has continued to provide exceptional customer service at the golf course and staff recommends that Rudosky Golf, LLC, be retained for the next CITY COUNCIL REGULAR MEETING NOVEMBER 10, 2020 PAGE 4 three years. He spoke about the changes that would be implemented in the new contract which would expire December 31, 2023. He spoke about the yearly bonus which is based on revenue increases over a three-year average. He noted that the contract with Rudosky Golf, LLC, is comparable with what other municipalities have done with their pros. In answer to a question from Councilmember Huckins, Director of Parks and Recreation Palmquist noted that the free Community Golf Clinic is usually implemented through the Playground Days Program. It was asked how long Mr. Rudosky has been the golf pro (after further research it was found that Mr. Rudosky began as the Golf Pro in 1997). Director of Parks and Recreation Palmquist complimented Mr. Rudosky and his team on how they handled the golf course during the COVID issues this year and continue to serve the community in a professional manner. Councilmember Lucero moved that Council approve the Golf Professional Contract with Rudosky Golf LLC (Micah Rudosky) for the next three years (January 1, 2021 to December 31, 2023). Councilmember Yazzie seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes b. Parks, Recreation, and Forestry Advisory Board Appointment. Director of Parks and Recreation Palmquist stated that currently there are three adult vacancies and two youth vacancies on the Parks, Recreation, and Forestry Advisory Board. He stated that George Tripp had applied to fill one of the vacant openings and his letter of interest was reviewed by the Parks, Recreation, and Forestry Advisory Board and they have given their unanimous support for Mr. Tripp’s appointment. He noted that Council interviewed Mr. Tripp during the Council worksession held prior to the Council meeting. Councilmember Yazzie moved that Council appoint George Tripp to the Parks, Recreation, and Forestry Advisory Board. Councilmember Huckins seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes c. Resolution No. 17, Series 2020. Library Director Gomori-Lusker stated that Resolution No. 17, Series 2020, approves the fees collected at the Cortez Public Library. She reviewed the individual items included in the resolution and it was noted that some of the items were not clearly written out and Council asked that the resolution be cleaned up and brought back at the next Council meeting for approval. In answer to a question from Mayor Pro-tem Medina, Ms. Gomori-Lusker stated that many people have out-of-state Library cards, for instance people visiting Cortez while they are visiting the community (such as RV parks, etc.). Councilmember Dobry moved that Resolution No. 17, Series 2020, setting fees and charges for the Cortez Public Library, be tabled. Councilmember Yazzie seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING NOVEMBER 10, 2020 PAGE 5 Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes d. Resolution No. 18, Series 2020. City Clerk Smith stated that Resolution No. 18, Series 2020, approves the fees and charges for the City Clerk’s office. She stated that the fees are the same as last year and include charges for liquor licensing, marijuana licensing, and open records requests. She noted that the fees for the liquor licensing is set through State Statues and the marijuana fees are competitive with other community’s charges. City Attorney Green stated that the marijuana fees were researched in depth when they were first set to cover the time/costs that would be involved in licensing marijuana establishments. Councilmember Lucero moved that Council approve Resolution No. 18, Series 2020, establishing fees and charges for the City Clerk. Councilmember Rainey seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes e. Resolution No. 19, Series 2020. Director of Public Works Johnson stated that Resolution No. 19, Series 2020, sets the fees and charges for Planning and Building Department. He noted that City Planner Hughes and Fire/Building Inspector Canada were on the ZOOM meeting should anyone have questions on the resolution. He noted that the building permit fee and cash-in-lieu fee were the only two changes that were made to the 2021 resolution from the fees that were recommended for 2020. Councilmember Lucero moved that Council approve Resolution No. 19, Series 2020, setting fees and charges for Planning and Building Department services and materials provided by the City of Cortez, Colorado. Councilmember Rainey seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes f. Resolution No. 20, Series 2020. Director of Public Works Johnson stated that Resolution No. 20, Series 2020, sets fees and charges for Public Works services and materials. He stated that two changes were made to the Public Works fee included the blasting permit (same cost as a building permit) and the flatbed truck fee. He spoke about the use of the flatbed truck by residents and noted that in 2018 the truck was used 22 times, in 2019 it was used 11 times, and in 2020 it was used 18 times. He stated that the flatbed truck is parked at the residence’s home for the weekend and then picked up by Public Works crew on Monday and dumped at the Montezuma County Landfill. Councilmember Lucero commented that the flatbed truck program is a great service for the community. Councilmember Rainey moved that Council approve Resolution No. 20, Series 2020, setting fees and charges for Public Works services and materials provided by the City of Cortez, Colorado. Councilmember Lucero seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING NOVEMBER 10, 2020 PAGE 6 Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes g. Resolution No. 21, Series 2020. Director of Public Works Johnson stated that Resolution No. 21, Series 2020, establishes refuse collection rates for the City of Cortez. He noted that there are no changes to the resolution in regard to rates the citizens pay for refuse pickup as the City does not want to impact the residents at this critical pandemic time. He noted that a new fee was added to the resolution regarding clean-up of dumpster enclosures as staff has had to clean-up several dumpsters areas and hopefully the fee would encourage people to keep their dumpster enclosure areas clean. He stated that the clean-up takes staff time and requires staff to use shovels and other items to clean up the areas. Councilmember Huckins moved that Council approve Resolution No. 21, Series 2020, establishing refuse collection rates for the City of Cortez, Colorado. Councilmember Yazzie seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes h. Resolution No. 23, Series 2020. Director of Finance Burkett stated that Resolution No. 23, Series 2020, establishes fees and charges for the reproduction of information for the City of Cortez Police Department. He stated that the fees are the same as proposed since 2013. He stated that the fees are to recoup some of the costs for information that may be requested by the public. Councilmember Lucero moved that Council approve Resolution No. 23, Series 2020, establishing fees and charges for the reproduction of information for the City of Cortez Police Department. Councilmember Huckins seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes i. Resolution No. 24, Series 2020. Director of Finance Burkett stated that Resolution No. 24, Series 2020, approves fees and charges for the Cortez Animal Shelter. He noted that there is no change in the fees for the kennel from last year. Councilmember Yazzie moved that Council approve Resolution No. 24, Series 2020, establishing fees and charges for the Cortez Animal Shelter for services provided by the City of Cortez, Colorado. Councilmember Rainey seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes j. Resolution No. 25, Series 2020. Director of Parks and Recreation Palmquist stated that Resolution No. 25, Series 2020, sets the fees and charges for the Cortez parks and recreation facilities, programs, and services offered by the City of Cortez. He stated that the fees at the recreation center are the same and commented there is a lot of rebuilding that will need to be done CITY COUNCIL REGULAR MEETING NOVEMBER 10, 2020 PAGE 7 after the closure that has happened this year. He also noted the golf course fees will remain the same as were proposed for 2020. He stated that the outdoor pool was not open this year; however, the fees have remained the same for 2021 as were proposed in 2020. He stated that a fee was added to the resolution for use of the new Montezuma Park performance stage. In answer to a question from Mayor Lavey, Director of Parks and Recreation Palmquist stated that the Arborist License is to certify the test required for the license which is issued by the City Clerk. Councilmember Lucero asked how many refunds were given with the Recreation Center closing and Director of Parks and Recreation Palmquist stated that there were refunds given as well as many memberships dropped due to the requirements for entrance into the recreation center currently as well as the closure period. Councilmember Huckins moved that Council approve Resolution No. 25, Series 2020, setting fees and charges for the Cortez Parks and Recreation facilities, programs, and services offered by the City of Cortez, Colorado. Councilmember Lucero seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes k. Resolution No. CCN-2020-1, Series 2020. Director of Finance Burkett stated that Resolution No. CCN-2020-1, Series 2020, approves the 2021 Budget for the Cortez Community Network Enterprise fund. He noted that Council is the governing body of the City of Cortez Community Network Enterprise and therefore required to adopt the budget as a separate motion. Councilmember Rainey moved that Council approve Resolution No. CCN-2020-1, Series 2020, approving the annual budget for the Cortez Community Network (CCN) Enterprise for the year 2021. Mayor Pro-tem Medina seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes l. Resolution No. CCN-2020-2, Series 2020. Director of General Services Smith stated that Resolution No. CCN-2020-2, Series 2020, sets the fees and charges for the Cortez Community Network Enterprise programs and services offered by the City of Cortez. He stated that there are not any increases to the fees from what was proposed for 2020. In answer to a question from Councilmember Dobry, Director of General Services Smith explained the changes that had been made for 2020 and commented that the changes have helped in cost recovery for the services offered through the enterprise fund. Mayor Pro-tem Medina moved that Council approve Resolution No. CCN-2020-2, Series 2020, setting fees and charges for the Cortez Community Network Enterprise programs and services offered by the City of Cortez, Colorado. Councilmember Yazzie seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes CITY COUNCIL REGULAR MEETING NOVEMBER 10, 2020 PAGE 8 m. Resolution No. WE-2020-1, Series 2020. Director of Finance Burkett stated that Resolution No. WE-2020-1, Series 2020, approves the annual budget for the City of Cortez Water Enterprise for the year 2021. He noted that Council is the governing body for the Water Enterprise fund and is required to adopt the budget for 2021 through a resolution. Councilmember Yazzie moved that Council approve Resolution No. WE-2020-1, Series 2020, approving the annual budget for the City of Cortez Water Enterprise for the year 2021. Councilmember Huckins seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes n. Resolution No. WE-2020-2, Series 2020. Director of Public Works Johnson stated that Resolution No. WE-2020-2, Series 2020, establishes the water rate charges and the water development charges for the City of Cortez Water Enterprise. He stated that there are no increases recommended to the water fund due to the economy issues at this time. Councilmember Huckins moved that Council approve Resolution No. WE-2020-2, Series 2020, establishing the water rate charges and the water development charges for the City of Cortez Water Enterprise. Councilmember Lucero seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes o. Resolution No. HE-2020-1, Series 2020. Director of Finance Burkett stated that HE-2020-1, Series 2020, approves the annual budget for the City of Cortez Hydro Electric Power Enterprise for the year 2021. He noted that Council is the governing body similar to the Cortez Community Network Enterprise and Water Enterprise and requires Council to adopt the budget for 2021 for the Hydro Electric Power Enterprise through a separate resolution. He noted that the fees for the Hydro Electric Power Enterprise are approved through a contract and have been included in the 2021 Budget. Councilmember Rainey moved that Council approve Resolution No. HE-2020-1, Series 2020, approving the annual budget for the City of Cortez Hydro Electric Power Enterprise for the year 2021. Councilmember Yazzie seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes Yes Yes Yes Yes p. Discussion on Mask Requirement in Public. Discussion was held on strongly encouraging citizens to wear masks when they are in public. It was noted that cases continue to grow in the County and due to the urgency, Council would like to the get the information out to the public now rather than wait two weeks strongly encouraging citizens to wear masks when out in public. Discussion was held on the latest information from the Colorado Department of Health and it was noted that each County is reviewed based on what their statistics are for their area. Councilmember CITY COUNCIL REGULAR MEETING NOVEMBER 10, 2020 PAGE 9 Rainey stated that many of the businesses have been lax in requiring masks in their stores and he would like the stores to be reminded how important it is to require mask wearing by their customers and employees. Councilmember Huckins moved that, due to the recent increase in COVID concerns, limited health care situation, and to help keep businesses open, Council strongly encourage that citizens wear masks in public. Mayor Pro-tem Medina seconded the motion, and the vote was as follows: Dobry Huckins Lavey Lucero Medina Rainey Yazzie Yes Yes Yes No Yes Yes Yes 7. DRAFT RESOLUTION/ORDINANCES – None. 8. OTHER ITEMS OF BUSINESS – None. 9. CITIZEN PARTICIPATION a. Mask Concerns. Allen Maez asked about the motion made by Council on requiring masks be worn in public and City Attorney Green stated that the motion by Council is strongly encouraging citizens to wear masks in public; however, it is not a mandate. Mr. Maez asked if anyone has completed research on wearing masks as he has heard different stories. He stated that he has heard that the hospital is not being overwhelmed and health care workers do not seem to have concerns that would require Council to make a recommendation on masks. City Attorney Green stated that the State Health Department has shown that COVID cases are increasing all around the area and the recommendation is being made to help curb further increases. City Manager Dougherty spoke about the report that was received from the hospital regarding their concerns. Mr. Maez stated that employees of the hospital have said that the hospital is not filling up with COVID cases but for other issues. Houston Frizzell commented that masks are not effective and that it has been shown by the schools shutting down. He commented that masks are just for show and everyone should use their own judgement. 10. CITY ATTORNEY’S REPORT – None. 11. CITY MANAGER’S REPORT – None. 12. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Lavey stated that during the worksession the City Manager had discussed COVID-19 plans and an interview was held for an open position on the Parks, Recreation, and Forestry Advisory Board. A.J. Dillon, Director of the Cortez Retail Enhancement Association introduced herself and Council adjourned to Executive Session for discussion of a personnel matter under C.R.S. Section 24-6-402(2)(f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees. He stated that discussion was held under general discussion on creating a CITY COUNCIL REGULAR MEETING NOVEMBER 10, 2020 PAGE 10 committee to review the homelessness situation and mask wearing in the community. b. Historic Preservation Board. Councilmember Dobry stated that the Historic Preservation Board met by ZOOM and discussed grants that are being applied for to extend the historic survey in the community. He noted that the grants do not require matching funds. c. Cortez CARES Coronavirus Relief Program. Councilmember Dobry stated that the packets are available for businesses should they want to apply for the CARES funding and applications will be reviewed by the committee November 30, 2020, for the first round of funding. d. Business Forum. Mayor Pro-tem Medina stated that the biggest take away she received from the Business Forum Council was invited to attend was that communication is important to everyone. She stated that creative ways need to be explored on how to better communicate with the community and that Council be better accessable to the citizens. e. Computers Available for Children. Councilmember Yazzie noted that if anyone is in need of a computer for their children (due to Cortez school system going to virtual), there is availability through San Juan BOCES. The regular meeting was adjourned at 9:10 p.m. ________________________________ Michael J. Lavey, Mayor ATTEST: ___________________________ Linda L. Smith, City Clerk