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CORTEZ CITY COUNCIL
REGULAR MEETING
TUESDAY, JULY 25, 2023
7:30 P.M.

CALL TO ORDER, PLEDGE OF ALLEGIANCE, ROLL CALL, APPROVAL OF AGENDA.

CONSENT AGENDA

The listing under "Consent Agenda" is a group of items to be acted on with a single motion and vote. This agenda is designed to expedite the handling of limited routine matters by City Council. Either the public or a Councilmember may request that an item may be removed from the Consent Agenda at that time, prior to Council's vote. The Mayor will ask if a citizen or Councilmember wishes to have any specific item removed from the Consent Agenda for discussion.

Approval of the Council Worksession and Agenda Minutes for July 11, 2023.

Approval of the Expenditure List for July 25, 2023

Approval of a Retail Marijuana Store License application from Green Kiwi 4, LLC, DBA LivWell, located at 1819 East Main Street, Cortez.

Approval of a renewal application for a Medical Marijuana Center/On Site Optional Premises Cultivation License for Durango Organics, LLP, DBA DO Cortez, located at 1013 East Main Street, Cortez.

Approval of a renewal Tavern Liquor License and Change in Corporation Structure for Cortez Elks Lodge 1789, Inc., DBA Cortez Elks 1789, located at 2100 North Dolores Road, Cortez.

Approval of a renewal Hotel and Restaurant Liquor License for Once Upon, LLC DBA Once Upon a Sandwich, located at 7 West Main Street, Cortez.

Approval of a renewal Arts Liquor License for The Cortez Center Inc., DBA Cortez Cultural Center, located at 25 North Market Street, Cortez.

PUBLIC PARTICIPATION

There is no limit to the number of speakers, although public comments will be held to an overall time limit of 30 minutes.
(Speakers have a time limit of three (3) minutes per person, may only speak once, and may not cede time to another commenter. Please reference rules below.)

PRESENTATIONS

2023 June Financial Statements

City Council Chambers AV Options

PUBLIC HEARINGS

Resolution No. 17, Series 2023

Resolution No. 17, Series 2023, Conditional Use Permit for Quick N Clean Car Wash located at 1511 E. Main St, Cortez, Colorado.

Presenter: Contract City Planner Nancy Dosdall

Ordinance No. 1317, Series 2023

Ordinance No. 1317, Series 2023, an ordinance on second reading approving a re-zoning of property located at 10206 Highway 491, Cortez, CO, from C, Commercial Highway to I, Industrial.

Presenter: Contract City Planner Nancy Dosdall

Resolution No. 16, Series 2023

Resolution No. 16, Series 2023, a resolution approving a Conditional Use Permit for property located at 10206 Hwy 491, Cortez, CO.

Presenter: Contract City Planner Nancy Dosdall

UNFINISHED BUSINESS

NEW BUSINESS

Vehicle Transfer to another governmental agency.

Transfer the title to a 2010 Ford Explorer to the Town of Rico in exchange for a Bakcou Mule e-bike.

Presenter: Vern Knuckles, Chief of Police

DRAFT RESOLUTION/ORDINANCES

CITY ATTORNEY'S REPORT

10.

CITY MANAGER'S REPORT

11.

CITY COUNCIL COMMITTEE REPORTS

Mayor's Report on Workshop

Other Board Reports

12.

OTHER ITEMS OF BUSINESS

Executive Session as needed.

13.

PUBLIC PARTICIPATION

There is no limit to the number of speakers and no overall time limit.
(Speakers have a time limit of three (3) minutes per person, may only speak once, and may not cede time to another commenter. Please reference rules below.)

14.

ADJOURNMENT

PURSUANT TO RESOLUTION 11, SERIES 2022, PUBLIC COMMENT:

--Individuals may comment regarding items on the Council agenda or any other topic they wish to address the City Council about, including items discussed in a previous Council Workshop. Those wishing to comment must register by completing an "Intent to Speak" card (located outside of the Council chambers). Completed cards will be collected at the start of the meeting and delivered to the Mayor, who will call each speaker to the podium at the appropriate time. Comments specific to agenda items scheduled for public hearings should be reserved and delivered during the public hearing session.
--Courtesy, civility, and respect for others is expected. All comments should be addressed directly to the Council. Commenters who are called upon by the Mayor to speak are the only persons allowed to speak during the allotted time. Comments, or other distractions from the audience intended for commenters or others are not permitted. The Mayor, as the chairperson for the meeting, retains the discretion to deviate from the formats described below.
--There are two general opportunities for citizens to address the Council:
For the first opportunity (which will occur toward the start of the meeting) there is no limit to the number of speakers, although public comments will be held to an overall time limit of 30 minutes so City business may proceed. Speakers have a time limit of 3 minutes per person, may only speak once, and may not cede time to other commenters.
For the second opportunity (which will occur toward the end of the meeting) there is no limit to the number of speakers, and no overall time limit. Speakers have a time limit of 3 minutes per person, may only speak once, and may not cede time to other commenters.
--Other Opportunities to Participate
Citizens may also participate via email if addressed to councilcomments@cortezco.gov. Comments received by 3:00pm the day of a Council meeting will be delivered to Council the same day and entered into the meeting minutes. Citizens may also send letters to the Council by addressing them to "City Council" 123 Roger Smith Ave., Cortez, CO 81321. In-person deliveries are also accepted.

MOTION TO GO INTO EXECUTIVE SESSION:
--For a conference with the City attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b);
--For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators under C.R.S. Section 24-6-402(4)(e);
--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)
--For discussion of a personnel matter under C.R.S. Section 24-6-402(4)(f) and not involving: any specific fie 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
--For discussion of a matter required to be kept confidential by the following federal or state law, or regulation: ____ under C.R.S. Section 24-6-402(4)(c)
--For discussion of specialized details of security arrangements or investigations under C.R.S. Section 24-6-402(4)(d)
--For consideration of documents protected by the mandatory nondisclosure provisions of the Open Records Act under C.R.S. Section 24-6-402(4)(g)

AND THE FOLLOWING ADDITIONAL DETAILS ARE PROVIDED:
(a brief description must be included following the statute citation regarding why the executive session is being held)

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Linda Smith
City Clerk
123 Roger Smith Avenue
Cortez, CO. 81321
lsmith@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

DONNA MURPHY, DEPUTY CITY CLERK

Date:

07/18/2023

RE:

Approval of the Council Worksession and Agenda Minutes for July 11, 2023.

Attachments

Worksession Minutes

Council Agenda Minutes

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Kelly Koskie
Director of Finance
123 Roger Smith Ave
Cortez, CO. 81321
kkoskie@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

SARA COFFEY, PAYROLL/SALES TAX ADMINISTRATOR

Date:

07/19/2023

RE:

Approval of the Expenditure List for July 25, 2023

Attachments

Expenditure List

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Linda Smith
City Clerk
123 Roger Smith Avenue
Cortez, CO. 81321
lsmith@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

LINDA SMITH, CITY CLERK

Date:

July 12, 2023

RE:

Approval of a Retail Marijuana Store License application from Green Kiwi 4, LLC, DBA LivWell, located at 1819 East Main Street, Cortez.

Attachments

LivWell Renewal Application Letter

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Linda Smith
City Clerk
123 Roger Smith Avenue
Cortez, CO. 81321
lsmith@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

LINDA SMITH, CITY CLERK

Date:

July 11, 2023

RE:

Approval of a renewal application for a Medical Marijuana Center/On Site Optional Premises Cultivation License for Durango Organics, LLP, DBA DO Cortez, located at 1013 East Main Street, Cortez.

Attachments

Durango Organics Renewal Letter

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Linda Smith
City Clerk
123 Roger Smith Avenue
Cortez, CO. 81321
lsmith@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

DONNA MURPHY, DEPUTY CITY CLERK

Date:

07/03/2023

RE:

Approval of a renewal Tavern Liquor License and Change in Corporation Structure for Cortez Elks Lodge 1789, Inc., DBA Cortez Elks 1789, located at 2100 North Dolores Road, Cortez.

Attachments

Renewal/Corp. Change- Elks

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Linda Smith
City Clerk
123 Roger Smith Avenue
Cortez, CO. 81321
lsmith@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

DONNA MURPHY, DEPUTY CITY CLERK

Date:

07/13/2023

RE:

Approval of a renewal Hotel and Restaurant Liquor License for Once Upon, LLC DBA Once Upon a Sandwich, located at 7 West Main Street, Cortez.

Attachments

Renewal- Once Upon

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Linda Smith
City Clerk
123 Roger Smith Avenue
Cortez, CO. 81321
lsmith@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

DONNA MURPHY, DEPUTY CITY CLERK

Date:

07/13/2023

RE:

Approval of a renewal Arts Liquor License for The Cortez Center Inc., DBA Cortez Cultural Center, located at 25 North Market Street, Cortez.

Attachments

Renewal- Cultural Center

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Kelly Koskie
Director of Finance
123 Roger Smith Ave
Cortez, CO. 81321
kkoskie@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

KELLY KOSKIE, DIRECTOR OF FINANCE

Date:

07/19/2023

RE:

2023 June Financial Statements

Attachments

Memo June 2023

2023 June Financials

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Kelly Koskie
Director of Finance
123 Roger Smith Ave
Cortez, CO. 81321
kkoskie@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

KELLY KOSKIE, DIRECTOR OF FINANCE

Date:

07/25/2023

RE:

City Council Chambers AV Options

Attachments

Memo Council AV options

Council Chambers PowerPoint

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Rachael Marchbanks
Community/Economic Development Director
123 Roger Smith Ave
Cortez, CO. 81321
rmarchbanks@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

Cheryl Lindquist, Permit Technician/Deputy City Clerk

Date:

7/18/2023

RE:

Resolution No. 17, Series 2023

DISCUSSION

See attached

BACKGROUND

Quick N Clean CO-03, LLC, (the "Applicant") is requesting approval of a Conditional Use Permit to construct a new 5,380 sq. ft. express car wash with associated vacuum and pay station canopies to be located on property that was platted as 28 separate lots separated by a city-owned alley. City Council has already approved the alley vacation, lot consolidation and site plan for the proposed use. The new consolidated lot totals 2.185 acres. The property is located 1511 E. Main Street, Cortez, CO (the "Property"). The Property is currently vacant. The Property is zoned Commercial Highway (C).

FISCAL IMPACT

None

RECOMMENDATION

Staff and the Planning and Zoning Commission recommend that Council approve the Conditional Use Permit, and state any conditions it feels would be necessary to ensure compliance with the Land Use Code.

MOTION

If agreed upon by the City Council, a possible motion would be:
I move that Council approve Resolution No. 17, Series 2023, a resolution approving a Conditional Use Permit for a new car wash on property located at 1511 E. Main, in the Commercial Highway (C) zone, as submitted by Quick N Clean CO-003, LLC, with the conditions stated in the Resolution.

Attachments

Staff Report

Resolution No. 17, Series 2023

P&Z Resolution No. 12, Series 2023

documentation

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Rachael Marchbanks
Community/Economic Development Director
123 Roger Smith Ave
Cortez, CO. 81321
rmarchbanks@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

Cheryl Lindquist, Permit Technician/Deputy City Clerk

Date:

7/18/2023

RE:

Ordinance No. 1317, Series 2023

DISCUSSION

This Property is located in an area at the edge of the City that includes industrial and heavy commercial land uses and some residential properties in the County. Staff determined that since Section 5.07(j) of the LUC is applicable to the proposed use, a rezoning from C, Commercial Highway, to I, Industrial is required.
See attached

BACKGROUND

The parcel located at 10206 Hwy 491, in the SE/4, NE/4 of Section 22, Township 36 North, Range 16 West, N.M.P.M. (the "Property"), is currently zoned C, Commercial Highway. The owners, Anthony D. Moore and Mary K. Lancaster (the "Owners"), who also own the parcel located at 1107 Lebanon Road, directly west of the Property, wish to use the Property for equipment and material storage for their business, Independent Log Company. Staff has determined that the unique circumstances of the Property and the proposed uses require a rezoning to the I, Industrial zone district.

FISCAL IMPACT

Not researched

RECOMMENDATION

Staff recommends approval of the rezoning request through City Council Ordinance No. 1317, Series 2023 with the following findings:

a. The Property is adjacent to or close by existing Industrial uses. Impacts can be mitigated with appropriate use conditions.
b. The community will benefit from use of the Property by the additional economic benefits of additional jobs, opportunities and taxes generated and the expansion of a much-needed natural resource use.
c. Adequate facilities are available to serve development for the type and scope suggested by the proposed zoning.
d. The proposal is in conformance with the policies, intents and requirements of the Cortez comprehensive plan.

MOTION

If agreed upon by the City Council, a possible motion would be:
I move that Council approve Ordinance No. 1317, Series 2023, an ordinance approving an application for a rezoning of a parcel of land located at 10206 Hwy 491, Cortez, Colorado.

Attachments

Staff Report

Ordinance No. 1317, Series 2023

Resolution No. 8, Series 2023

letter

survey

O&E, legal description

Application

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Rachael Marchbanks
Community/Economic Development Director
123 Roger Smith Ave
Cortez, CO. 81321
rmarchbanks@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

Cheryl Lindquist, Permit Technician/Deputy City Clerk

Date:

1/18/2023

RE:

Resolution No. 16, Series 2023

DISCUSSION

This Property is located in an area at the edge of the City that includes industrial and heavy commercial land uses and some residential properties in the County.
See attached

BACKGROUND

A conditional use permit can make a difficult use for the city compatible with surrounding land uses. The Owners/applicants' narrative provides a description of the Owners/applicants' position that the proposed uses will not be objectionable due to noise, dust, lighting, smoke, fumes, hours of operation or hazardous materials, as long as all statements in the narrative are adhered to at all times.

FISCAL IMPACT

None

RECOMMENDATION

Staff and Planning and Zoning Commission recommend the Cortez City Council approve Resolution No. 16, a resolution approving a Conditional Use Permit for property located at 10206 Hwy 491, Cortez, Colorado, a tract of land in the SE/4NE/4 of Section 22, Township 36 North, Range 16 West, N.M.P.M., as described in the Staff Report and as submitted by the Owners/applicants, with conditions.

MOTION

If agreed upon by the City Council, a possible motion would be:
I make a motion to approve Resolution No. 16, Series 2023, a resolution approving a Conditional Use Permit for property located at 10206 Hwy 491, Cortez, Colorado, as described in the Staff Report and as submitted by the Owners, with the following conditions:
a. All requirements of utility providers, City departments, CDOT and affected districts must be satisfied, as outlined in adopted City Codes and other regulatory documents. Specifically, all public improvements shall comply with the minimum requirements of the 2009 City of Cortez Construction Design Standards and Specifications and all requirements of CDOT for required highway improvements.
b. The address shall be clearly marked for emergency response.
c. The Owners shall comply with the submitted project narrative at all times.
d. The Owners shall comply with all requirements of the City Engineer prior to establishment of any uses on the Property.
e. Prior to approval of a final site plan for the development, the Owner shall submit a revised plan that complies with all landscape requirements for the LUC.
f. Prior to approval of a final site plan for the development, the Owner shall propose a fencing plan that adequately screens the storage uses from Hwy 491 or demonstrate that the storage will not be visible from the Hwy.
g. Pursuant to Section 4.01 of the Cortez Land Use Code, a subdivision plat approved by the City Council shall be required prior to the issuance of a building permit on the Property.
h. The Owners shall submit a plan for control of fugitive dust prior to start of operation.
i. Operations shall comply at all times with CRS 25-12-103, maximum permissible noise levels.

Attachments

Staff Report

Resolution No. 16, Series 2023

P&Z Resolution No. 11, Series 2023

Application

survey

grid

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Vern Knuckles
Chief of Police
608 N. Park Street
Cortez, CO. 81321
vknuckles@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

Lori Millich, Administrative Secretary/Police

Date:

07-18-2023

RE:

Vehicle Transfer to another governmental agency.

DISCUSSION

The Cortez Police Department is asking City Council to approve the transfer of title to one of its patrol vehicles, a 2010 Ford Explorer, VIN 1FMEU7DE8AUA04795, to the Town of Rico. In return, the Town of Rico will purchase a Bakcou Mule e-bike with police lights and one extra battery for the Cortez Police Department in trade for the Explorer. Under this proposal, no money will be expended or exchanged.

BACKGROUND

The Cortez Police Department was approached by the Town of Rico, Colorado, inquiring about old police vehicles that might be for sale. With the Police Department acquiring four new patrol vehicles in 2023, the Police Department would have patrol vehicles that would be rotated out of service. One of the vehicles to be rotated out of service is a 2010 Ford Explorer with 106,767 miles. The Town of Rico expressed interest in purchasing the 2010 Ford Explorer.

The Cortez Police Department, in an attempt to build a more robust Bike Patrol Program, has been looking at purchasing e-bikes. The Chief of Police requested funding during the FY2023 budget process for e-bikes, but the funding was not approved.
When the Town of Rico expressed interest in the 2010 Ford Explorer, I approached the City Manager and asked if it was possible to trade the 2010 Ford Explorer worth $3,500.00 to $5,000.00 for an e-bike worth just under $6,500.00. The City Manager granted permission to pursue the trade.

The proposal was given to the Town of Rico, and they agreed to purchase an e-bike to the specifications of the Cortez Police Department and trade it for the 2010 Ford Explorer as is.

FISCAL IMPACT

There are no fiscal impacts.

RECOMMENDATION

Staff recommends that Council approve the transfer of title on the 2010 Ford Explorer, Unit #469, VIN 1FMEU7DE8AUA04795, to the Town of Rico in exchange for a Bakcou Mule e-bike with police lights and one extra battery for the Cortez Police Department.

MOTION

If agreed upon by the City Council, a possible motion would be: "I move that Council authorize the transfer of title on the 2010 Ford Explorer, Unit #469, VIN 1FMEU7DE8AUA04795, to the Town of Rico in exchange for a Bakcou Mule e-bike with police lights and one extra battery for the Cortez Police Department."