TOWN OF MANCOS BOARD of TRUSTEES MEETING January 27, 2021 7:00 p.m. Join Zoom Meeting https://us02web.zoom.us/j/84107985117?pwd=YkdvL3BzTlhVNVpZUEJRRUlWaUJ0UT09 Meeting ID: 841 0798 5117 Passcode: 983843 Dial by your location +1 253 215 8782 US (Tacoma), +1 346 248 7799 US (Houston), +1 669 900 6833 US (San Jose), +1 301 715 8592 US (Washington D.C), +1 312 626 6799 US (Chicago), +1 929 205 6099 US (New York)
AGENDA A. Call to Order
B. Pledge of Allegiance and Moment of Silence
C. Roll Call
D. Approval of the Agenda
E. Approval of the Minutes of January 13, 2021
F. Swear in New Deputy Marshal David Martin
G. Proclamation – Honoring Mac Neely’s 100th Birthday
H. Audience Business
I. Announcements
J. Committee Reports Montezuma County Planning Commission Mancos School District
K. Discussion and Action Items
1. Public Hearing: Green Kiwi 5, LLC dba LivWell Change of Location 2. 2020 Work Plan Update
L. Executive Session – Legal Advice on Water Rates
M. Items for February 10, 2021 Agenda 1. Joint Workshop with Montezuma County Board of County Commissioners 2. Committee Reports: Region 9, CDOT TPR 3. January Bills & Claims
N. Adjournment
Town of Mancos Board of Trustees Meeting January 13, 2021 7:00 p.m.
A. CALL TO ORDER: Mayor Queenie Barz called the meeting to order at 7:00 p.m.
B. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
C. ROLL CALL: Present: Mayor Queenie Barz, Mayor pro tem Fred Brooks, Trustee Ed Hallam, Trustee Betsy Harrison (Zoom), Trustee Cindy Simpson (Zoom), Trustee Janice Bryan (Zoom), Trustee Brent McWhirter (Zoom)
Staff Present: Town Administ tra or/Clerk/Treasurer Heather Alvarez, Attorney David Liberman (Zoom), Public Works Director Terry Jennings, Marshal Justen Goodall
D. APPROVAL OF AGENDA: Mayor pro tem Fred Brooks made the motion to approve the agenda. Trustee Ed Hallam seconded the motion . Motion passed.
E. APPROVAL OF THE MINUTES OF December 9, 2020: Trustee Cindy Simpson made the motion to approve the minutes of December 9, 2020 as provided by staff. Trustee Betsy Harrison seconded the motion. Motion passed.
F. AUDIENCE BUSINESS
Bob Becker, 240 W. Montezuma, Mancos – addressed the Board regarding an out of town property that is receiving in town water rates. He advised that the property has changed uses and asked the Board to begin charging out of town water rates. The Board directed staff to research the issue and take the appropriate action.
G. ANNOUNCEMENTS
We haven’t had any businesses pick up COVID19 posters from Town Hall. We did post them on our Facebook page so anyone may print them for free. Montezuma County distributed a total of $655,332 in CARES Act grant funds to local businesses. Mancos awarded $74,629, Montezuma County awarded $353,549, Cortez awarded $189,301 and Dolores awarded $37,853 to a total of 161 awardees. Montezuma County now has a button on their COVID19 page that citizens may click to sign up for vaccinations with the Health Dept. This went live today. The Town Administrator and Economic Development Coordinator met with the Mancos Chamber and Mancos Creative District to discuss current projects and collaboration opportunities.
Board of Trustees January 13, 2021 Page 1 of 3
There has been a large increase in fraudulent unemployment claims and 1099s for 2020. Please be sure to consult with your tax preparer or CPA if you find an issue. We will have a joint workshop with the Montezuma County Commissioners on February 10 at 5:30 p.m. The new Board Room technology is up and running. We are using it for the first time tonight. This meeting will be published to YouTube for public viewing. In the future, we will be streaming our Board meetings live on YouTube. The public will not be allowed to comment or address the Board via YouTube. Mayor Queenie Barz reminded citizens to lock their vehicles.
H. TREASURER’S REPORT: DECEMBER BILLS & CLAIMS Trustee Betsy Harrison made the motion to approve the December bills and claims as presented by staff. Trustee Cindy Simpson seconded the motion. Motion passed.
I. COMMITTEE REPORTS
Region 9 Southwest Colorado Economic Development – meeting next week CDOT TPR – the 184 culvert and relining project is complete, the 550 “bridge to nowhere” project is still in process
J. ACTION AND DISCUSSION ITEMS 1. 2021 Work Plan This was provided to the Board for their review and information.
2. Region 9 Board Appointment Trustee Cindy Simpson made the motion to appoint Rachael Marchbanks to replace Mayor Queenie Barz as a voting member on the Region 9 Board. Trustee Betsy Harrison seconded the motion. Motion passed unanimously by roll call vote. Mayor Barz will still attend the meetings as time permits.
3. Main Street Bridge Fiber Relocation We are required to relocate the fiber that is attached to the existing Main Street Bridge. DB Tech will be performing this work on our behalf. We reached out to Empire Electric to inquire as to if we can temporarily use their poles to save the Town some money. This is not an option. We received a quote in the amount of $43,000 to relocate and then replace the fiber on the new bridge. We will be receiving a revised bid from DB Tech with the poles and related required equipment. Once I receive a revised quote, I’ll bring this back to the Board on January 27. At that time I will also be bringing information from SEH (our project engineers) regarding construction management and materials testing.
Board of Trustees January 13, 2021 Page 2 of 3
4. Riverwalk Behind Mancos School The Town partnered with Mancos School District on a portion of their remodel project. We were the fiscal agent for the GOCO grant that provided the elementary school playground upgrades. In return, the school agreed to provide a permanent easement for the Riverwalk behind the school. During construction, there was some confusion regarding the fence placement along the south side of the school. The Town and the school have come to an agreement. The fence is going to be relocated by the school. The Town is working on the trail easement paperwork which will be filed at the County when complete.
K. ITEMS FOR JANUARY 27, 2021 AGENDA
Public Hearing: Green Kiwi 5, LLC Change of Location Swearing in of Deputy Marshal David Martin 2020 Staff Work Plan Update Resolution TBD Series 2021: Honoring Mac Neeley’s 100th Birthday
L. ADJOURNMENT
Trustee made the motion to adjourn the meeting at 7:49 p.m. Trustee Brent McWhirter seconded the motion.
______Mayor Queenie Barz
______Town Administrator/Clerk/Treasurer Heather Alvarez
Board of Trustees January 13, 2021 Page 3 of 3
OATH OF OFFICE
STATE OF COLORADO
COUNTY: Montezuma
TOWN: Mancos
I, David Martin, do solemnly swear that I will support the Constitution of the United States of America and the State of Colorado and the ordinances of the Town of Mancos, and that I will faithfully perform the duties of the office of Deputy Marshal upon which I have been appointed.
______
Subscribed and sworn to before me this
27th day of January, 2021
Officer administering oath: ______Ellen “Queenie” Barz Title: Mayor
Address: P.O. Box 487 Mancos, Colorado 81328 Town of Mancos PROCLAMATION OF RECOGNITION AND APPRECIATION
WHEREAS, from the time Athalie Mac Neely arrived in Mancos via Americorps in 1995, our town has never been the same; and WHEREAS, Mac’s grant writing abilities soon resulted in GOCO funding for our very own Mancos River Walk behind the high school; and WHEREAS, as President of the Mancos Chamber of Commerce, Mac, in 2001 and 2003, shepherded on projects with her motto “Just do it”; and WHEREAS, Mac, as Membership Chair of the Mancos Valley Historical Society hosted the annual fundraising yard sales; and WHEREAS, her boundless energy flowed through businesses and residents alike rewarding the town with Grand Avenue decorations for Cinco De Mayo, the first children’s vegetable garden next to the school campus; and WHEREAS, even after being named Mancos Citizen of the Year in 2011, Mac’s community spirit yielded further events such as lighted Christmas trees in snowy Boyle Park and yet another, this one for elementary students: annual breakfasts with Santa at the ABC; and WHEREAS, now a resident of the Valley Inn, Mac has acted as an unofficial new resident greeter and continues with her love of gardening by planning for the annual flower box planters.
NOW THEREFORE, be it resolved that I, Queenie Barz, Mayor of Mancos, do hereby proclaim this day, her 100th birthday, January 27, 2021 as Mac Neely Day in Mancos. IN WITNESS WHEREOF I hereunto set my hand and cause the Seal of Mancos to be herein affixed.
______Mayor Ellen “Queenie” Barz
______Heather Alvarez Town Administrator/Clerk/Treasurer
STAFF REPORT
To: Honorable Mayor and Trustees From: Heather Alvarez, Town Administrator/Clerk/Treasurer Date: January 27, 2020 Re: Public Hearing: Green Kiwi 5, LLC dba LivWell Change of Location
Recommendation After public hearing, approve the location amendment from 449 Railroad Ave. to 101 West Railroad, Mancos, CO 81328 for Green Kiwi 5, LLC dba LivWell conditional upon State approval
Background/Discussion LivWell has submitted a report of changes to move locations in Mancos.
The Board approved medical marijuana businesses in 2010. The Board approved retail marijuana businesses in 2014. Both uses have been allowed in the Commercial, Corridor Mixed Use (name changed from Highway Business during the 2019 land use code update) and Light Industrial zoning districts since their approval dates in 2010 and 2014, respectively.
They meet all requirements of the Mancos Municipal Code per below:
Municipal Title Application Notes Code Section Compliant? 6-10-30 Allowable Y This license type is allowed in the Retail proposed Corridor Mixed Use zone. Marijuana Livwell is currently located in this Licenses zone, and there are two other licensed marijuana businesses in this zone. 6-10-40 Fees Y All fees are paid current 6-10-50 Application & Y Application, proof of Operating ownership/possession, sales tax Fees number, operating plan, etc. included, special use permit not required, sign permit application pending 6-10-60 Location Y 511’ from nearest park per Licensed Professional Land Surveyor, SGM. Not within 1,000’ feet of a school or within 500’ of daycare, library, fairground or existing marijuana business, not located within residential zone. 6-10-70 Security Plan Y Included with application 6-10-100 Indoor Use Y Floor plan included with application
6-10-130 Business Y If the Board approves location change, Permit Town Administrator will issue the Required business permit/license 6-10-140 Investigation Y Ownership remains the same of Applicant 6-10-150 Standards for Y State has also received application. issuance of Application is complete, signed by retail application, all fees paid, application marijuana does not contain material falsehood or establishment misrepresentation, complies with license requirements of Article 10, use allowed at this location, issuance of business license size requested is justified to meet the needs of the community 6-10-160 Denial of N/A Information in application is not found license to be false or incomplete, applicant meets all standards of this article, business license will be in full compliance with this article, other town, state laws and regulations, State has not denied an application, licensee has not violated or failed to comply with any terms or conditions of this article or any supplemental rules, laws or regulations, licensee has complied with any special terms or conditions, licensed premises will be operated in a manner that does not adversely affect public health or safety in the immediate neighborhood where establishment is located 6-10-170 Authority to TBD The Board has the authority to impose impose such reasonable terms and conditions conditions on on any license issued as may be license necessary to protect the public health, safety and welfare and to obtain compliance with this article and state law
Other items of note:
I did confirm with LivWell that the marijuana business will be 2,500 square feet or less at this time. The building is 3,140 square feet, so there is the opportunity for a future special exception request should the applicant wish to increase the business size. Our municipal code allows 2,500 square feet as a use by right. Marijuana business license holders may request an increase to a maximum of
5,000 square feet as a special exception. Under no circumstances may the business be more than 5,000 square feet at this location due to zoning. A floor plan is attached for your review.
The Mancos Marshal has reviewed the application and has no objections to the change.
Traffic flow concerns have been addressed by both the applicant and CDOT. CDOT is not issuing an access permit for this use since it’s an existing driveway and their trip generation will not significantly impact the connection of Main St. to Hwy 160.
Proposed site renderings were submitted to staff. A building permit and sign application will be required later in this process. Both will be reviewed to ensure compliance with the Mancos Municipal Code and IBC 2006 building regulations. I did not include this information today because it is outside the scope of the public hearing.
We have received written comments from citizens to this item. I have included them here for your information.
Policy Implications Transfer of location
Resource Impact $500.00 Report of Change Fee
Attachments Cover Letter from Applicant Report of Changes Proof of Public Hearing Citizen Feedback
v.012021 AREA SAFE ROOM LIMITED ACCESS
UP AREA LIMITED ACCESS DW DVR DESK
POLE DISPLAY POLE DISPLAY
LIMITED ACCESS AREA
POS POS AREA OFFICE POS LIMITED ACCESS 4'-0" PARTIAL HEIGHT WALL POS POLE DISPLAY POLE DISPLAY DESK
BASEMENT STORAGE DN POS AREA POLE DISPLAY Licensed LIMITED ACCESS Premises HALLWAY POS RETAIL LIMITED ACCESS AREA LIMITED ACCESS AREA DW RESTRICTED ACCESS AREA AREA POLE DISPLAY POS BREAKROOM LIMITED ACCESS UNISEX RAMP DN POS ATM UNISEX Green Kiwi 5, LLC 5, Kiwi Green Avenue W Railroad 101 CO 81328 Mancos, No.: 402R-00356 License ADA AREA WAITING