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CORTEZ CITY COUNCIL
REGULAR MEETING
TUESDAY, AUGUST 22, 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 August 8, 2023.

Approval of the Expenditure List for August 22, 2023

Approval of a Special Event Permit for the Cortez Area Chamber of Commerce to host a partnership event with Hospice of Colorado on Wednesday, September 20, 2023, on the premises located at 512 North Broadway, Cortez.

Approval of a renewal Retail Liquor Store Liquor License for Tubros LTD, DBA Cork N Bottle, located at 443 East Main Street, Cortez.

Approval of a Change in Premises application from Jodi Jahrling, DBA Zu Gallery, located at 48 West Main 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 July Financial Statements

PUBLIC HEARINGS

Ordinance No. 1322, Series 2023

Second Reading and Public Hearing on Ordinance No. 1322, Series 2023, amending the City of Cortez Zoning Map for a 9.64 acre parcel located at 1050 Lebanon Road, Cortez, Colorado, to change the zoning on the parcel from C, Commercial Highway to I, Industrial District.

Presenter: Contract City Planner Nancy Dosdall

Resolution No. 21, Series 2023

Resolution No. 21, Series 2023, is for a Public Hearing on an Application for a Conditional Use Permit for an approximately 10-acre parcel located at 1050 Lebanon Road, Cortez, owned by Anthony Moore and Mary Lancaster, dba Independent Log Company.

Presenter: Contract City Planner Nancy Dosdall

UNFINISHED BUSINESS

NEW BUSINESS

Resolution No. 20, Series 2023

Resolution No. 20, Series 2023, approves an application for a minor subdivision plat for a three-lot subdivision located at 1552, 1602, and 1702 S. Broadway. The applicant is Mike Mikkelson, on behalf of the Owners, Mark Mikkelson, Lana Mikkelson, Gary Sisco, and Sherry Sisco.

Presenter: Contract City Planner Nancy Dosdall

Appointment to the Planning and Zoning Commission

Appointment of Applicant for the Planning and Zoning Commission

Presenter: Linda Smith, City Clerk

Amendment to City Manager Employment Contract

Amendment to City Manager Employment Contract

Presenter: Patrick Coleman, City Attorney

Amendment to City Attorney Employment Agreement

Amendment to City Attorney Employment Agreement

Presenter: Drew Sanders, City Manager

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:

08/16/2023

RE:

Approval of the Council Worksession and Agenda Minutes for August 8, 2023.

Attachments

Worksession Minutes

Council Agenda Minutes 08.08.2023

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:

08/16/2023

RE:

Approval of the Expenditure List for August 22, 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:

DONNA MURPHY, DEPUTY CITY CLERK

Date:

08/08/2023

RE:

Attachments

SEP- Chamber

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:

08/08/2023

RE:

Approval of a renewal Retail Liquor Store Liquor License for Tubros LTD, DBA Cork N Bottle, located at 443 East Main Street, Cortez.

Attachments

Renewal- Cork N Bottle

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:

08/17/2023

RE:

Approval of a Change in Premises application from Jodi Jahrling, DBA Zu Gallery, located at 48 West Main Street, Cortez.

Attachments

Memo- Zu Gallery

Proposed Diagram

Letter from Buildng Inspector

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:

08/16/2023

RE:

2023 July Financial Statements

Attachments

Memo July 2023 Financial Statements

2023 July Financial Statements

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:

8/15/2023

RE:

Ordinance No. 1322, Series 2023

DISCUSSION

This property is located in a very mixed area that includes industrial and heavy commercial land uses in close proximity to this property, and also includes City open space/natural area and single-family homes. Staff determined that both equipment storage and log home construction appear to be Conditional Uses in the "C" zone, however, when Section 5.07(j) of the LUC is applied, the uses should be located in an Industrial zone.

BACKGROUND

See attached.

FISCAL IMPACT

Not studied.

RECOMMENDATION

Staff recommends that Council approve Ordinance No. 1322, Series 2023, which approves the rezone request from Commercial "C" to Industrial, "I" for the approximately 10-acre parcel located at 1050 Lebanon Rd.

MOTION

If agreed upon by the City Council, a possible motion would be:

I move that Council approve, on second reading, Ordinance No. 1322, Series 2023, approving an application for a rezoning of a parcel of land located at 1050 Lebanon Road, Cortez, Colorado.

Attachments

Staff Report

Ordinance No. 1322, Series 2023

Documentation #1

Documentation #2

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:

8/15/2023

RE:

Resolution No. 21, Series 2023

DISCUSSION

The approximately 10-acre parcel located at 1050 Lebanon Road was previously the site of a drive-in theater and has been vacant for a number of years. The Owners/applicants (the "Owners"), who also own the parcel located at 1107 Lebanon Road directly west of this subject property, are already using the property for equipment and material storage for the business.

BACKGROUND

See attached.

FISCAL IMPACT

Not studied.

RECOMMENDATION

Contingent upon a prior approval by City Council of a rezoning of the property from Commercial "C" to Industrial "I," Staff recommends approval of Resolution No.21, Series 2023.

MOTION

A possible motion for City Council to approve is as follows:

I move that City Council approve Resolution No. 21, Series 2023, a resolution approving the requested Conditional Use Permit for property located at 1050 Lebanon Rd.,Cortez, Colorado, 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.

b. Specifically, without limitation, 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.

c. The Owners shall meet all requirements of the Cortez Sanitation District regarding protection of the manholes and existing sewer line.

d. The address shall be clearly marked for emergency response.

e. The Owners shall comply with the submitted project narrative at all times.

f. Prior to approval of a final site plan for the development, the Owners shall submit a revised plan that complies with all landscape requirements for the Land Use Code.

g. Prior to approval of a final site plan for the development, the Owners shall propose a fencing plan that adequately screens the outdoor storage uses.

h. 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.

i. The following requirements of the Parks and Recreation Department shall be met:
(1) Secure and preserve the water quality of inflow from the Property into ponds and streams. Prevent harmful chemicals and toxins from washing into downstream waterways.

(2) Restrict access to the Carpenter Natural Area access drives and parking areas from the equipment, supplies, and deliveries to the Owners' business.

(3) Prevent any waste, construction debris, or other by-products from blowing or coming onto the Carpenter Natural Area or associated areas.

(4) Provide buffer and naturally-oriented visual screening along the Property's northern and eastern property boundary. The proposed naturally-oriented visual screen should be large (20' tall) evergreen trees planted approximately 20' on-center and staggered. The proposed buffer is 50'.

j. Hours of Operation for noise producing activities such as woodcutting shall be limited to
8:00am to 6:00pm Monday through Friday. Exceptions are allowed for staging of vehicles and equipment during wildfire events.

Attachments

Staff Report

Resolution No. 21, 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:

8/15/2023

RE:

Resolution No. 20, Series 2023

DISCUSSION

The Parcels are identified on a document labeled as the "2nd Revised Plat and Topo Map of Garwood Subdivision, a Part of the Leland Addition to the City of Cortez, Montezuma County Colorado," which contains an approval by the City Planning Commission dated October 22, 1958, and which was recorded with the Montezuma County Clerk & Recorder on January 27, 1959. There is no record of the City Council having approved the Plat, and Staff has been unable to determine whether or not the Cortez City Code required Council approval of that plat in 1958 or 1959. There have been discussions and research by previous City Staff, a previous City Attorney, and a title company as early as 1996, in an attempt to confirm whether or not the Garwood Subdivision Plat legally divided the Parcels. The intent of this minor subdivision is to fully and legally subdivide the Parcels, clear up the existing title issues, and allow the Owners to sell legal parcels that can be insured by a title insurance company. The Parcels are zoned Commercial Highway (C).

BACKGROUND

See attached.

FISCAL IMPACT

None

RECOMMENDATION

Staff recommends that Council approve Resolution No. 20, Series 2023, which approves the Minor Subdivision to be known as Mikkelson Subdivision, and state any conditions it determines 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. 20, Series 2023, a resolution approving the Minor Subdivision to be known as Mikkelson Subdivision, submitted by Mike Mikkelson, and located at 1552, 1602 and 1702 S. Broadway, Cortez, Colorado, with the following conditions:

1. All requirements of utility providers, City departments, CDOT and affected districts must be satisfied, as outlined in adopted City Codes and other regulatory documents.
2. Prior to recordation, the plat shall be revised to rename the Parcels as Lots A, B and C of Mikkelson Subdivision.

Attachments

Staff Report

Resolution No. 20, Series 2023

Documentation

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:

August 16, 2023

RE:

Appointment to the Planning and Zoning Commission

DISCUSSION

Advertisement was completed for the opening which was left by the resignation of Rebecca Levy on the Planning and Zoning Commission. Three letters of interest were received and background checks were completed by the Human Resources Department. Two of the applicants have recently withdrawn their letters of interest, leaving one applicant still interested in serving on the Commission.

BACKGROUND

The remaining applicant, Emily Waldron, was interviewed by City Council during the Council worksession held prior to the regular meeting.

RECOMMENDATION

Following the interview held at the Council Worksession, Staff recommends that Ms. Waldron be appointed to the Planning and Zoning Commission for a three-year term.

MOTION

If agreed upon by the City Council, a possible motion would be:
I move that Council appoint Emily Waldron to the Planning and Zoning Commission for a three-year term.

Attachments

Emily Waldron Letter of Interest

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Patrick Coleman
City Attorney
123 Roger Smith Ave.
Cortez, CO. 81321
pcoleman@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

PATRICK COLEMAN, CITY ATTORNEY

Date:

August 14, 2023

RE:

Amendment to City Manager Employment Contract

DISCUSSION

This is the draft of the amendment to the employment contract for the City Manager per the direction received from Council during the executive session held at the June 13, 2023 regular Council meeting.

BACKGROUND

Please see attachment.

RECOMMENDATION

Staff recommends that Council approve the amendment to the city manager employment contract.

MOTION

If agreed upon by the City Council, a possible motion would be:

I move to approve the Amendment to Employment Contract for City Manager Drew C. Sanders to become effective May 29, 2023.

Attachments

Amendment City Manager Employment Contract

Exhibit 2

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Drew Sanders
City Manager
123 E Roger Smith Ave,
Cortez, CO. 81321
dsanders@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

DREW SANDERS, CITY MANAGER

Date:

August 14, 2023

RE:

Amendment to City Attorney Employment Agreement

DISCUSSION

This is the draft of the amendment to the employment agreement for the City Attorney per the direction from Council received during the executive session held at the July 25, 2023 special Council meeting.

BACKGROUND

Please see attachment.

RECOMMENDATION

Staff recommends that Council approve the amendment to the city attorney employment agreement.

MOTION

If agreed upon by the City Council, a possible motion would be:

I move to approve the Amendment to City Attorney Employment Agreement to become effective June 26, 2023.

Attachments

City Atty Employment Agreement