City Council Regular Meeting - City of Durango

The City of Durango encourages the participation of all its citizens in its public meetings. If an accommodation is needed, please contact: ADA Coordinator (970) 375-5005 CITY COUNCIL REGULAR MEETING CITY HALL, SMITH CHAMBERS 09/05/2017 6:30 PM MAYOR Dick White MAYOR PRO-TEM Anita (Sweetie) Marbury COUNCIL Chris Bettin Dean Brookie Melissa Youssef CITY MANAGER Ron LeBlanc ASSISTANT CITY MANAGER Amber Blake ASSISTANT CITY MANAGER/ COMMUNITY DEVELOPMENT DIRECTOR Kevin Hall CITY ATTORNEY Dirk Nelson ADMINISTRATIVE SERVICES Amy Phillips, Director/City Clerk AVIATION Tony Vicari, Director CITY OPERATIONS Levi Lloyd, Director COMMUNICATIONS Phil Campbell, Director FINANCE Julie Brown, Director HUMAN RESOURCES Crystal Twedt, Director LIBRARY SERVICES Sandy Irwin, Director PARKS AND RECREATION Cathy Metz, Director POLICE Kamran Afzal, Police Chief UTILITIES Levi Lloyd, Acting Director

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CITY OF DURANGO CITY COUNCIL REGULAR MEETING CITY HALL, SMITH CHAMBERS 09/05/2017 6:30 PM

1.

CALL TO ORDER

2.

CITY COUNCIL ROLL CALL

3.

PROCLAMATIONS/PRESENTATION

4.

3.1.

National Recovery Month Proclamation

3.2.

National Suicide Prevention Awareness Month Proclamation

REVIEW OF THE CONSENT AGENDA The Consent Agenda is intended to allow the City Council by a single motion to approve matters that are considered routine or noncontroversial. There will be no separate discussion of these items unless a Council member or citizen requests an item be removed from the Consent Agenda and considered separately. Items removed from the Consent Agenda will be considered under Agenda Item 6. 4.1.

Approval of Minutes, Regular Meeting, July 18, 2017

4.2.

Approval of Minutes, Joint City Council Meeting, July 25, 2017

4.3.

Approval of Minutes, Regular Meeting, August 15, 2017

4.4.

Discussion and Possible Action Concerning a Resolution Accepting the 73 Jameson Annexation Petition and Setting a Public Hearing for the Annexation and Initial Zoning (October 17, 2017)

4.5.

A Request for a Public Hearing to Consider An Ordinance Authorizing a Lease Between the City and The Durango Chamber of Commerce, Inc. ( September 19, 2017)

5.

APPROVED CONSENT AGENDA ITEMS

6.

REMOVED CONSENT AGENDA ITEMS

7.

PUBLIC PARTICIPATION (This section of the agenda is set aside for questions or comments by the public regarding items that do not otherwise appear on this agenda. Please limit comments to a five-minute period. Any audio-visual materials must be provided to the City Clerk by noon on the meeting day.)

8.

COUNCIL REPORTS/ACTIONS (Each Council member is provided an opportunity to report on meetings recently attended and to discuss topics not otherwise appearing on the agenda.)

9.

PUBLIC HEARINGS (By previous act of the City Council and publication, the following proposed ordinances or topics have been set for public hearing at this meeting. Public hearings are an opportunity for citizens to provide formal input into the City Council’s decision-making process. The format for public hearings is organized to ensure fairness to all parties involved. The public hearing portion of this meeting will end at 9:30 P.M., unless otherwise extended by motion, and, if necessary, will be continued to either a special meeting or the next regularly scheduled meeting. The City Council is pleased to welcome all public testimony, but does ask that it be relevant to the issue at hand.) 9.1.

Legislative and Policy-related Hearings: 9.1.1.

A Hearing to Consider an Emergency Ordinance Establishing Temporary Regulations and Penalties for Violation Related to the Use, Placement and Security of Trash Containers; And Strict Compliance with Provisions to Minimize Conflicts with Wildlife

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9.2.

Quasi-judicial Hearings:

10.

CITY ATTORNEY, Dirk Nelson

11.

INTRODUCTION OF ORDINANCES 11.1.

12.

An Ordinance Granting La Plata Electric Association, Inc., An Easement Located on City Owned Property To Accommodate Powerline Improvements Associated With the Arrowhead Ridge Subdivision on Rim Drive and College Mesa and Declaring an Effective Date.

ADMINISTRATIVE 12.1.

Ron LeBlanc, City Manager 12.1.1. An Emergency Ordinance Establishing Temporary Regulations and Penalties for Violation Related to the Use, Placement and Security of Trash Containers; And Strict Compliance with Provisions to Minimize Conflicts with Wildlife in the City of Durango 12.1.2. Discussion and Possible Action Concerning a Motion to Convene in Executive Session to Determine Matters Relating to Potential Purchase, Acquisition, Lease, Transfer, or Sale of Real Property Within the City of Durango as Permitted in C.R.S. 24-6-402(4)(a) 12.1.3. Discussion and Possible Action Concerning a Motion to Convene in Executive Session to Determine Matters Relating to Potential Purchase, Acquisition, Lease, Transfer, Or Sale of Real Property Within the City as Permitted in C.R.S. 24-6-402(4)(a)

13.

ADDENDUM ITEMS

14.

ADJOURNMENT

City Manager Ronald P. LeBlanc

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National Recovery Month Proclamation

PROCLAMATION NATIONAL RECOVERY MONTH

WHEREAS, prevention of mental and substance use disorders works, treatment is effective, and people recover in our area and around the nation; and WHEREAS, preventing and overcoming mental and substance use disorders is essential to achieving healthy lifestyles, both physically and emotionally; and WHEREAS, we must encourage relatives and friends of people with mental and/or substance use disorders to implement preventive measures, recognize the signs of a problem, and guide those in need to appropriate treatment and recovery support services; and WHEREAS, an estimated 23 million Americans annually need treatment for problems related to substance abuse, but only about 2.5 million people received treatment at an appropriate facility; and WHEREAS, to help more people achieve and sustain long-term recovery, the U.S. Department of Health and Human Services (HHS), the Substance Abuse and Mental Health Services Administration (SAMHSA), the White House Office of National Drug Control Policy (ONDCP), and the Durango Recovery Center invite all residents of Durango, Colorado, to participate in National Recovery Month. NOW, THEREFORE, I, Dick White, Mayor of Durango, do hereby proclaim the month of September 2017 as NATIONAL RECOVERY MONTH in Durango and call upon its citizens to observe this month with appropriate programs, activities, and ceremonies to support this year’s Recovery Month theme, “Join the Voices for Recovery: Strengthen Families and Communities.” _____________________ Dick White, MAYOR

_____________________ Amy Phillips, CITY CLERK

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National Suicide Prevention Awareness Month...

PROCLAMATION National Suicide Prevention Awareness Month WHEREAS, La Plata County is experiencing a rising suicide rate including thirteen deaths due to suicide thus far in 2017; and WHEREAS, to focus the nation’s attention on the importance of talking openly about mental health and issues dealing with suicide, San Juan Basin Public Health joins with the National Alliance on Mental Illness to recognize “National Suicide Prevention Awareness Month”; and WHEREAS, participating in National Suicide Prevention Awareness Month is one way citizens can help raise awareness that suicidal thoughts can affect anyone regardless of age, gender or background; and WHEREAS, a group of local stakeholders is utilizing a collective impact process to address suicide as an issue affecting a wide range of populations and urges local residents to 1) recognize suicide as a significant regional public health problem, 2) identify suicide prevention as a priority, 3) support strategies identified through the aforementioned collective impact process for reducing suicide risk for people of all ages and backgrounds, including the mental health awareness campaign, “Let’s Talk”, and, 4) to acknowledge that no single suicide prevention effort will be sufficient or appropriate for all populations or communities; and WHEREAS, anyone in crisis or experiencing difficult or suicidal thoughts may call the National Suicide Prevention Hotline at 1-800-273 TALK (8255), the Colorado Crisis Line at 1-844-493TALK, or Durango’s local Axis Health System Crisis Line at 970-247-5245 at any time. NOW, THEREFORE, I, Dick White, Mayor of Durango, Colorado, do hereby proclaim September 2017, as National Suicide Prevention Awareness Month in Durango and encourage community-based organizations and all citizens to promote resources and awareness related to suicide prevention on how to help others and how to talk about suicide without increasing the risk of harm.

_____________________ Dick White, MAYOR

_____________________ Amy Phillips, CITY CLERK

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Approval of Minutes, Regular Meeting, July 18, 2017

DURANGO CITY COUNCIL REGULAR MEETING MINUTES CITY HALL 949 EAST 2ND AVENUE TUESDAY, JULY 18, 2017 6:30 PM CALL TO ORDER Mayor White called a regular meeting of the Durango City Council to order at 6:32 p.m. Answering to roll call were Councilor Melissa Youssef, Councilor Dean Brookie, Councilor Chris Bettin, Mayor Pro Tem Sweetie Marbury, and Mayor White. REVIEW OF CONSENT AGENDA 4.1 Approval of Minutes, Study Session, June 27, 2017 4.2 Approval of Minutes, City Council Meeting, July 5, 2017 4.3 Discussion and Possible Action Concerning a Resolution Authorizing the Submission of a Grant Application to the State Board of the Great Outdoors Colorado Trust Fund for Construction of the Animas River Trail 4.4 Discussion and Possible Action to Consider a Resolution Authorizing an Additional Appropriation to the Durango Tourism Fund 4.5 A Request for Public Hearing to Consider a Special Sales Tax on Marijuana (August 1, 2017) 4.6 A Request for Public Hearing to Consider a Marijuana Excise Tax (August 1, 2017) 4.7 A Request for Public Hearing to Consider a Ballot Measure Amending the 2014 Agreement for Fire Protection and Emergency Services between Durango Fire Protection District (DFPD) and the City of Durango (August 1, 2017) APPROVED CONSENT AGENDA ITEMS City Clerk Amy Phillips read the Consent Agenda as published. Councilor Bettin requested removal of Items 4.5 and 4.6 Mayor Pro Tem Marbury moved to approve the Consent Agenda except Items 4.5 and 4.6. Councilor Brookie seconded the motion. A roll call vote was taken, and the motion passed unanimously. Passed: For: 5; Against: 0; Abstain: 0; Absent: 0 REMOVED CONSENT AGENDA ITEMS (4.5) A Request for Public Hearing to Consider a Special Sales Tax on Marijuana (August 1, 2017) (4.6) A Request for Public Hearing to Consider a Marijuana Excise Tax (August 1, 2017) Councilor Bettin commented on why he pulled the two items from the Consent Agenda. He noted his earlier concern that more public input would be necessary. He also noted that a previous Council voted down a similar measure to place a special sales tax on marijuana several years prior. He said, in his opinion, a special sales tax would unfairly single out the marijuana industry, which, he said, creates jobs and contributes a substantial portion of the City’s sales tax revenues and is already heavily taxed. He said he did not believe the City had “exhausted its other tax potentials” or “discussed them at length with the community. He recommended honoring the original vote and agreeing to not put the tax question to a public vote.

Page 1 of 11 ~ City Council Regular Meeting Minutes ~ July 18, 2017

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Mayor Pro Tem Marbury said she was a member of the council that voted against the request previously. She reiterated that the voters of the state voted to make marijuana legal and when the Council first voted on the matter, “it was all new territory.” She said the City enacted a moratorium for “about a year” and looked to the State for ideas about local regulations. She said she regretted not creating an excise tax on marijuana at that time, and noted that the funds would benefit the community. She said she would like to at least hold a public hearing on additional taxes. Councilor Brookie pointed out that an excise tax would only be imposed on goods exported and currently the City does not have grow operations, so an excise tax would be a limited source of revenue. He said the more lucrative, and “therefore the more controversial,” would be a special sales tax. He agreed with Councilor Bettin that the marijuana industry is already highly taxed and an additional State tax of 5% went into effect on July 1st. He said a public hearing would help provide information to Council. He also agreed with Councilor Bettin that Council decided the issue two years prior and his hesitance to move forward with a new public process, but it might be appropriate to “check back in with the sales tax” to meet some of the City’s funding needs. He said he would support a public hearing to have the public weigh in on the topic. Councilor Brookie said an excise tax is more important to the County, because that’s where the grow operations are. Councilor Youssef agreed that a public hearing should be held. She said she did not vote on the original issue but agreed with fellow councilors that the City has a lot of needs and there needs to be community discussion on the prioritization of those needs and how to go about meeting them. Mayor Pro Tem White stressed that an excise tax would have minimum impact but also noted that the City tries to minimize differentials between the City and the County, and the County could possibly put an excise question on the November ballot. He said a County Commissioner expressed to him that the County was not interested in a sales tax; rather, it was interested in products available for export to the Front Range and elsewhere. Mayor Pro Tem White said the two taxes present different issues. Mayor Pro Tem White commented on the City’s many fiscal needs and said it would be worthwhile to hear from the public, which was agreeable to Council. Mayor Pro Tem Marbury moved to approve Consent Agenda Items 4.5 and 4.6. Councilor Youssef seconded the motion. A roll call vote was taken, and the motion passed 4 to 1, with Councilor Bettin dissenting. Passed: For: 4; Against: 1; Abstain: 0; Absent: 0 PUBLIC PARTICIPATION Laurie Dixon, local resident and executive director of 4CORE, gave a PowerPoint presentation to update Council on 4CORE programs. She noted that the City, the County and La Plata Electric Association (LPEA) are 4CORE’s incorporating partners. Ms. Dixon described 4CORE’s goals to promote resource conservation, energy efficiency and renewable energy through education and programs that strengthen the local economy and foster a healthy and sustainable environment. Her program update included the Refuel Program designed to encourage alternative-fuel vehicles, which, she noted, has been very successful. She noted the installation of charging stations around the city. The update also included information on the Home H2O program, which focuses on water conversation and rainwater harvesting, and which, she said, also has been extremely successful. She commented on the Raise the Solar Bar program, a collaborative partnership with Housing Solutions, that brings solar energy to low-income senior citizens in Pagosa Springs. Ms. Dixon commented briefly on upcoming energy conservation programs sponsored by 4CORE. She noted that programs sponsored by the Colorado Energy Office could be in jeopardy because funding for the office may not continue.


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Ms. Dixon thanked Council for their support and said 4CORE stands ready to help Council achieve its sustainability goals and objectives. She supported having funding, which was cut in 2016 and only given to one entity, return to its former level in 2017 to “adequately fund the sustainability program.” She provided copies of 4CORE’s latest annual report. Donna Mae Baukat, county resident, spoke as a representative of Durango Christian Church, located at 255 East 11th Street. She mentioned her role as the director of the Community Compassion Outreach, a project that started in January 2017 with the goal of empowering the homeless who frequent Manna Soup Kitchen by providing employment. With a wage, she said, a jobless and house-less person “has hope.” She explained that the program would give homeless persons an opportunity to do assigned tasks related to community beautification (watering, pulling weeds, picking up trash etc.), two at a time, for $10/hour each, paid by a $20 donation from a business participating in the project. She said she and other church members would interview each job applicant to make sure they are sober and the job fits their abilities, as well as to follow up to make sure the jobs were done appropriately. She said unhappy business owners could have their donations refunded. She said donations would go to the Church until the outreach program receives nonprofit status. She commented on a similar program in Denver that has been very successful. There being no one else who wished to speak, Mayor White closed Public Participation. COUNCIL REPORTS/ACTIONS At Mayor Pro Tem Marbury’s request, City Manager LeBlanc provided a report on the sales and lodger’s tax revenues for June as follows: sales tax revenues were up over June of 2016 by 3.3%, and were up year to date by 1.7% over the same period in 2016. Lodger’s tax was up 14.5% from June 2016, and was up year to date by 8.8%. Mayor Pro Tem Marbury commented on the need to shop locally, because the City depends on sales tax to fund municipal operations. Mayor Pro Tem Marbury reported on the Council’s tour of the new sewer plant construction site. She noted that most of the contractors for the new plant are from the region, with some exceptions. She reviewed a list of Durango contractors involved in the project. She said the bond passed by the citizens of Durango is putting money back into the community. Councilor Bettin had no report. Councilor Youssef reported as Council liaison to the La Plata County Economic Alliance. She announced that the Alliance is planning its 11th annual economic summit on Wednesday, October 25th at the Sky Ute Casino. She said early bird pricing would be in effect until July 31st. She also noted a tour she and Mayor White took of Holt Sheet Metal & Fabrication, located in the air park, a business that began in the mid-fifties. The tour was part of a statewide tour focusing on promoting the aerospace industry in Colorado. Councilor Brookie reported that he had updated the Economic Alliance on what was going on with the City and the City Council, both currently and in the near future. Mayor White reported on a well-attended suicide prevention meeting hosted by San Juan Basin Health, citing the “Let’s Talk” initiative as a step forward in dealing with the statewide and nationwide problem. Mayor White reported on the Women’s Small Business Conference hosted by the Small Business Development Center at Fort Lewis College. Mayor White reported on events he attended as part of “Love Your Commute” week. Mayor White reported that the Chamber of Commerce would hold an open house the following Friday from 1 p.m. to 4 p.m. in their new interim offices on the second floor of the Bank of Colorado building.


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PUBLIC HEARINGS 9.1

Legislative and Policy-related Hearings 9.1 Public Hearing to Consider the Marijuana Business Measurement Method Land Use and Development Code Text Amendments Planner Heather Bailey presented the staff report and described the method the City currently uses to measure separation of marijuana businesses and certain sensitive properties. She provided an overview of the project process, beginning with a study session on May 9th, followed by a public meeting in mid-June that was attended by ten people (five in favor, four against, and one “no comment), and consideration by the Planning Commission on June 26th. She said staff moved forward on Council direction and drafted language for amendments to the Land Use Development Code to change the method of measurement from the straight-line method to the pedestrian-route method. She said correspondence received subsequent to that meeting was included in the agenda documentation. She said correspondence was also balanced between those for and those against changing the method of measurement. She said the Planning Commission recommended moving to the pedestrian-route method. Ms. Bailey commented on current separation requirements for properties requiring separation, such as schools and public parks. She said there were separation requirements between marijuana businesses as well. She explained the current straight-line method of measurement between property lines, which is sometimes expressed with the term “as the crow flies.” The most direct pedestrian-route method, she said, measures the path within the public right of way where pedestrians would travel between properties. She said the pedestrian route method is currently used for liquor licensing. Ms. Bailey provided maps showing existing marijuana buffers in the city and areas where potential marijuana businesses could be located. Ms. Bailey commented on staff’s research on how other communities and states measure separation requirements. She provided an example of how the two methods of measurement would affect a permit application. Ms. Bailey noted that the text amendment would also require applicants to do the measurements, rather than staff. Ms. Bailey reviewed the pros and cons for each method of measurement. Ms. Bailey reviewed the compliance requirements for LUDC amendments and noted relevant Comprehensive Plan sections and policies. Ms. Bailey said the pedestrian-route method of measurement could not be mapped on GIS. Ms. Bailey noted that the Planning Commission in its review voted 3 to 2 to approve the text amendment, while staff supported denial of the text amendment, noting the concerns of the dissenting members and the benefits of approval expressed by the assenting members. Ms. Bailey reviewed Council’s options: to deny, approve, or continue the request, with specific direction to staff, for a LUDC text amendment. She said if approved staff would prepare a draft ordinance, with first reading on August 1st. She said if denied, the process would end, because the City is considered the applicant and would not appeal. City Manager LeBlanc noted that the recommended action to Council in the staff report was the recommendation of the Planning Commission. He said, however, staff were unanimously in favor of denying the request and keeping the method of measurement as is (i.e., the straight-line method, or “as the crow flies”). He said Council would also hear from the public during public testimony and in this case, there would also be input from an advisory board. Mayor White opened the public hearing to public testimony. Karen Rowan, address unstated, said she was a concerned mother and grandmother and wanted to speak for the community’s children who could not speak for themselves. She thanked Council for their thoughtful review of the issue and for allowing the public process to move forward, and


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thanked Ms. Bailey for her thorough presentation. She said the last thing the community needs is another marijuana shop. Ms. Rowan provided copies of the 2014 and 2015 annual report from La Plata Youth Services to Council, noting the 30% increase in the number of local youth diverted from the judicial system to the youth council. She said it was a problem that could not be ignored. She said if a sales tax were approved, she hoped some of the funding would go educating the community’s youth about the dangers of early marijuana use and the dangers of its use over a long period of time. She stated, “We have a responsibility to the kids in our community.” Breia Kinsella of Celebrating Healthy Communities, 835 East Second Avenue, said she had new data to provide to Council since her last public testimony. She said in 2016 use of marijuana by youth increased 20% in the two- year average since Colorado legalized recreational marijuana compared to the two years prior to legalization, but in comparison, declined 4% nationally. She said Colorado’s youth are #1 in the national for past-month usage. She said local marijuana use in La Plata County youth between grade 6 and grade 12 increased 11% between 2013 and 2015, along with a decrease in the perception of harm and diminished disapproval of marijuana use by peer groups. She said an increased density of marijuana businesses and the availability of marijuana contribute to increased marijuana use in the youth population. She supported retaining the more stringent method of measurement (the straight-line method). She noted that there are already 11 dispensaries located in Durango and asked if the health of Durango’s youth was worth “another dispensary.” Pat Senecal, county resident, spoke as a mother, grandmother, great grandmother, citizen and as director of Celebrating Healthy Communities, a coalition of 44 agencies throughout La Plata County. She reported that the organization is now expanding into three other counties, with assistance from the State, to help reduce the number of DUIs. She said the organization’s goal is thriving youth and families. She commented on the need to protect children from unsafe behaviors and environments. She supported retaining the straight-line method because it reduces the potential density of marijuana facilities. She commented on the importance of common values for keeping families safe and helping children grow up with “all of their minds.” She said she was not a prohibitionist but wanted children to grow up with the ability to make good decisions. She said marijuana use by children under 25 can diminish IQ by 6 points. Ms. Senecal, speaking as the director of Celebrating Healthy Communities, said community policy “has been shown by the NIH to prevent adolescents use, because they reach large numbers.” Richard Rowan, address unstated, said the question is, “What is the cost of a child’s life to the community in the long run?” He noted that Durango’s youth are not just walking in and buying drugs for themselves, and commented on the importance of aggressive law enforcement to help stem the problem. Kathrene Frautschy, Director of Development for the Boys & Girls Club of La Plata County, said the club’s board has long opposed the sale of marijuana and opposed changing the method of measurement. She asked Council to be “very thoughtful about this new decision.” She expressed dismay that one of the City’s leading advocates for youth would be a block and a half away from a dispensary. Karen Anesi, city resident, commented on the standard of “as the crow flies” versus the “pedestrian walkway” method. She said the straight-line method has been around a long time and is “pretty clear,” which is preferable when it comes to legislation. She said there is a reason why some communities had reverted to the straight-line method after first trying the pedestrian-route method. Ms. Anesi said, regarding land use and development standards, she thought staff was correct in recommending against an amendment adopting the pedestrian-route method over the straight-line method. There being no one else who wished to speak on the issue, Mayor White closed the public testimony portion of the hearing and invited comment from Council.


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Counsel Nelson responded to a question from Mayor Pro Tem Marbury. He said the federal government dictates the separation requirements from schools and other such uses but does not dictate the method of measurement. He said the more conservative method would be the straight-line, or “as the crow flies,” method and it is more consistent with federal guidelines. He said research done on other states’ practices supported using the straight-line method and it would be easier for staff to consistently measure. He said there had been an instance when the federal government shut down a facility that was too close to a school. Ms. Blake clarified that the current method of measurement is “property line to property line,” measured from the closest edge of one property to the edge of another. She clarified what is meant by “pedestrian-route.” Mayor White said if the measure moved forward, the proposed language for the amendment should include “nearest pedestrian access” rather than simply “pedestrian access.” Councilor Brookie said using the pedestrian-route method would not result in a lot more marijuana facilities. He said the issue came up originally with a pot shop that was forced to relocate due to a sale of the property, but that shop has now found a new location, approximately 50 feet from its previous location. He said regardless of the method of measurement, there would still be opportunities to find a suitable location for anyone seeking to open a new pot shop. He said he was concerned about the social issues, which are supported with statistics, but did not think the social issues were relative to the issue at hand, which, he said, was “about measurement.” He said the City has a good method that has been tried and true for staff and the City should support it. He stated that he was in support of keeping the existing ordinance “as is.” Mayor Pro Tem Marbury concurred with Councilor Brookie’s remarks and supported denying the request for a text amendment. Councilor Bettin thanked everyone for their testimony. He commented on the compliance criteria for text amendments, specifically that a measure must advance the public safety, health, and welfare of the community. He said he was swayed by the testimony and thought it important to move with concern and caution. He supported denial of the text amendment. Councilor Youssef said she also supported denial, stating that she was unequivocally in agreement with the staff recommendation. She said she would like to see marijuana schools “as far away from schools as possible.” She said there is an environmental factor in Durango and higher density and visibility. She said she believes policy that affects the health and wellbeing of Durango’s youth has a greater impact than the possibility of the City obtaining additional sales revenue from additional dispensaries. She said she also did not support going against the advice of the City Attorney, and that she found his advice on the matter cogent. She said she also thought it important to make the code easy to implement and manage. Mayor White said the hearing had impacted his perception of the issue. He said he was not persuaded about the difficulty of implementing the pedestrian-route method, which, he said, could be determined “just by looking at the map.” He noted that in the proposed amendment the burden is on the applicant to prove that the distance provided in the application is correct. He said he did not think field verification would be that great of a burden on staff. He said the City is already experiencing the health impacts of legal marijuana. He noted that as an educator, he deeply appreciated the testimony on the developing brains of children. He said he was persuaded that denying the request would be the most prudent action. Councilor Bettin moved to recommend denial of the proposed LUDC text amendment with the finding that this would make enforcement and verification of separation requirements difficult for the City to manage. The motion was seconded by Councilor Brookie. A roll call vote was taken, and the motion to deny passed unanimously. Page 6 of 11 ~ City Council Regular Meeting Minutes ~ July 18, 2017

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Passed: For: 5; Against: 0; Abstain: 0; Absent: 0 9.2

Public Hearing to Consider an Ordinance Creating a Department of Transportation --TO BE CONTINUED TO AUGUST 1, 2017

9.2 Quasi-judicial Hearings 9.2.1 Public Hearing to Consider the 295 1/2 W. 19th Street and 1922 W. 3rd Avenue Minor Subdivision Planner Mark Williams presented the staff report. He provided a vicinity map of the subject locations and a site plan for the subdivided lots showing placement of two houses as reviewed by the Planning Commission. He said the three new lots meet the City’s dimensional standards, including minimum lot size and street frontage. He said the applicant (Tracy Reynolds) would also have to meet the City’s development standards for EN-2 (Established Neighborhood 2). He said access to the two new houses would be off the alley, with two parking spaces for each house. He said the existing house would continue to have access off the street but the adjoining garage would be separated from the house. Mr. Williams said the Planning Commission heard the request at its June 26th hearing where several neighbors spoke against the proposal. He summarized their opposition, which was primarily regarding the functional characteristics of the new lots. He said after the public hearing concluded the commission voted 4-1 to deny the proposal because of the lot functionality and because any proposal subdivision must be compatible with its surrounding neighborhood (subdivision criteria no. 2). He said there were also concerns about snow storage. Mr. Williams said the neighbors felt the lots were not compatible because of the size and the small size of the houses, but staff found other lots in the neighborhood that were smaller than the proposed lots and thought the new lots would, in fact, be compatible. He said because of the neighbors’ concerns, the applicant redesigned the lots and the placement of the houses. Mr. Williams said in the past an applicant would have to appeal a denial by the Planning Commission. He said now the Commission makes a recommendation, in accordance with the zoning and development regulations, that goes to Council for consideration. Mr. Williams and Community Development Manager Nicol Killian responded to questions from Council. Mr. Williams explained that the Council was being asked to approve the subdivision; no building plans or design had been submitted. He said the subdivision regulations require a certain front yard setback but there is no requirement for open space at the rear of the properties. Ms. Killian commented on subdivision floor area ratio (FAR) and lot coverage requirements for subdivisions in EN2. She said staff originally recommended approval of the project because it meets the code requirements and because the project would create more housing in the community. Mayor White opened the public hearing to public testimony, inviting the applicant to speak first. Tracy Reynolds (applicant), 1140 Main Avenue, spoke in support of his project. He pointed out that the original design had been altered to address the concerns of the Planning Commission and the neighbors. He said removing the existing garage would allow a much better lot arrangement, noting that each of the three proposed lots is over 4,000 square feet. He said all three proposed lots meet code. He commented on the appropriateness of the proposed subdivision for the neighborhood. He provided an aerial view of the neighborhood highlighting the lots in the neighborhood that are under 5,000 square feet. He noted that the lots across the alley are under 5,000 square feet. Mr. Reynolds commented on the Planning Commission’s preference to see two lots with two ADUs. He said if he builds on the two existing lots, without subdi-


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viding, the homes would be more expensive. He said there are two options, but the subdivision would be the best one for the community. Project architect Bryan Ash commented on the design of the building proposed for the lots. He said the existing structure would remain a single-story house with a basement. He noted that the lots meet all code requirements for the neighborhood. He pointed out the parking configurations for the three lots. Mayor White invited other members of the public to speak. Dave Wells, city resident, said he had been a city resident for 22 years. He spoke in support of the project. He said infill is a smart option for a growing population. Doug Brady, city resident, commended the City staff and the applicant for their efforts in creating a project compliant with the code. He commented on his experience with redeveloping his property, located in the same neighborhood. He said he too supported infill development and although he had initially been neutral toward the development, he became supportive after hearing the applicant’s presentation at the Planning Commission meeting. He said the applicant had addressed his concerns with the redesign. Mary Mullin, city resident, stated that she owns the property to the north of the proposed subdivision. She said for the last 16 years she had lived “near a park with a family, one family, living in the house.” She said she now faces three houses on small lots. She said most families would never be completely satisfied with the “little tiny lots.” She said although the units were initially intended to be owner-occupied by the applicant, she predicted that the owners would not stay long before moving. She said she understands that change is inevitable but that she had been looking forward to a nice project next door. She said now the applicant has said if the proposed project doesn’t go through, he will create something that “everyone would hate,” which she found disappointing. She asked the applicant to work with her on things that would affect her, such as fencing. John Ralph, city resident, said he, at that point, did not have great opposition to the project. He said he probably owns the smallest lot in the EN2 neighborhood and it was created 127 years ago. He asked Council to consider the precedent of splitting lots in the neighborhood. He agreed with Ms. Mullin’s concerns about the threat of a much bigger project if the current project isn’t approved. He said he did not have any opposition to the redesign because it met code requirements. There being no one else who wished to speak on the matter, Mayor White closed the hearing to public testimony and invited questions and comment from Council. In response to a question from Mayor White regarding basements and the FAR (floor area ratio), Mr. Williams said if the ceiling of the basement is over 3 feet above grade, a basement is included in the FAR; if the ceiling is less than 3 feet below grade, a basement is not included in the FAR. He stressed the importance of a condition that requires the project to meet all the subdivision requirements of the neighborhood. He said, if the project does not meet code, the building permit would not be accepted. He said the minimum lot size for an ADU in EN2 is 7,000 square feet. He said for a duplex the lot size must be 7,500 square feet. Mayor Pro Tem Marbury said she took a brief tour of the immediate neighborhood and identified at least 13 houses on small lots. She said she supported infill projects and approved of the design submitted by the applicant, noting that it meets all code criteria. She said a lot of her neighbors are families that rent and they are good people. She stated her support for the application now that it has been redesigned, noting that the applicant had listened to the neighborhood. Councilor Bettin expressed surprise at the Planning Commission’s vote to deny the application with a 4-1 vote, saying he did not find a basis for denial in any of the documentation or public testimony. He concurred with Mayor Pro Tem Marbury that it was a good project, noting that infill and housing is a priority of the Council and the proposed price points are below market averages. Page 8 of 11 ~ City Council Regular Meeting Minutes ~ July 18, 2017

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Councilor Brookie said he too was surprised at the Planning Commission’s recommendation. He said he was not a fan of “jiggity” property lines but anticipated that the City would see more such requests in the future. He said there is adequate access to the public right of way and the proposed project meets all the City’s criteria. He supported approval of the application. Councilor Youssef agreed. She said the City’s job is to set policy and standards, and the application complied with those regulations, including setbacks, minimum lot size, and the 65% open space requirements. She noted that the parking issues had been addressed and the design meets the character of the neighborhood, which is medium density. She said Council supports infill projects but she recognized that infill projects represent change for the neighbors and the transition could be difficult. She, however, noted the City’s great need for market-rate, affordable housing. She stated her support for the project. Mayor White said he concurred with the emerging consensus of Council. He said the redesign was a significant improvement over the original design, which he had problems with. He said the design guidelines require “at least a front yard on Second Avenue or along 19th Street” and the design provided for some living space in the backyard. Councilor Bettin moved to approve the Reynolds 1922 West Third Avenue and 295 West 19th St Minor Subdivision Preliminary Plan. Mayor Pro Tem Marbury seconded the motion. A roll call vote was taken, and the motion to approve passed unanimously. Passed: For: 5; Against: 0; Abstain: 0; Absent: 0 Mr. Ralph said the property owners had only been given four days’ notice of the hearing and were not notified that the design had been changed since the Planning Commission hearing. He asked that adjacent property owners be given more notification in the future. 9.2.2 Public Hearing to Consider the 1, 4, and 6 Woodland Circle and CityOwned Property Boundary Adjustment Planner Mark Williams provided the staff report. He said the applicant was Brett Griffin, 6 Woodland Circle. He provided an aerial photo of the vicinity and reviewed the proposed request. He noted that the shape of the relevant properties would change, but the square footage would not change. Mr. Williams commented on circumstances in 2015 where excavation behind Mr. Griffin’s house was reported by neighbors down on Delwood Avenue. He said since that time, the City has worked with Mr. Griffin to come up with a solution. He said the City had not given permission for the excavation and no permit was issued. Consequently, he said, the City required some sort of remediation. He said Mr. Griffin’s purpose for the excavation was to have room for a garage on his property. Mr. Williams commented on the conditions required under the Planning Commission’s recommendation to approve. He said if the conditions were met, then the boundary adjustment would be approved and Mr. Griffin could obtain a permit for his garage. He said it was a pragmatic solution to resolve the problem, and the Planning Commission agreed, but thought it important to add conditions of approval. Mr. Williams responded to questions from Council. He said code enforcement officers took the photos of Mr. Griffin’s illegal excavation. He said, to protect the downstream neighbors, Mr. Griffin would have to hire an engineer to certify a storm water management plan for his property. He said the storm water management plan could potentially require re-excavating the dirt that was illegally excavated by Mr. Griffin and hauling it offsite. He said a timeline for the remediation could be added to the motion. Councilor Brookie questioned whether the City would take on liability for the Delwood properties by approving the storm water management plan. Page 9 of 11 ~ City Council Regular Meeting Minutes ~ July 18, 2017

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Counsel Nelson said that was why a certified storm water management plan was so important – to assure the City that the risk to the neighbors would not be increased. He said it made sense to have a timeline. He said, short of litigation, the plan presented seemed “a reasonable approach.” Assistant City Manager Hall said the financial guarantee that the work will be performed is in the conditions of approval, which gives the City access to the property to ensure that the remediation was performed. He said if the boundary adjustment is made, the City can hire someone to do the work, and the funds from the bond would pay for it, because of the bond. He said it wasn’t a great solution, but staff felt confident it was the best solution. He said the goal is to have the property remedy the problem and “do it right.” He said the bond would provide a financial guarantee that the work is done correctly. Counsel Nelson said the amount of the bond would be based on the engineer’s assessment of the work to be performed. Mayor White opened the floor to public testimony, inviting the applicant to speak first. Brett Griffin, 6 Woodland Circle, applicant, addressed Council in support of his project. He said the excavated soil was topped with topsoil and was not as large an amount as staff described. He provided photos. He said there was no potential for topsoil placed there to end up in the Delwood neighborhood. He said the houses on Delwood have been flooding since 1957 and 1958, when they were constructed. He said his property drains minimally onto his adjacent neighbor’s property, and stated that he had already had an engineer inspect his property who said the excavation did not change the natural drainage. He said placing topsoil stabilized the hillside at the back of his property. He said his future garage would have a concrete wall that would serve as a retaining wall for the hillside. He said after the garage is built, the area around it would be replanted, so a short timeline might not be sufficient time to allow that building to be completed and the landscaping to be replaced. He said the water that flooded Delwood in 2015 came from a drainage further to the north. Mr. Griffin responded to questions from Council. He said the reason the excavation work went as far into the hillside as it did was because the last survey of the property was in 1975 and he used a pin as a reference point that was incorrectly sighted. He said it wasn’t until he applied for the building permit that he realized the excavation was too deep. He said remediation has begun but can’t be completed until the garage is complete. There was discussion on the appropriate timeline for completing the garage and the subsequent remediation of the hillside. Councilor Brookie asked staff to advise Council on an appropriate timeline. He said the storm water management plan is key and said he wanted to see it done properly. Mr. Griffin said he had contacted his neighbors and invited them to voice any concerns to him so they can be addressed. Counsel Nelson said he anticipated it would take a good bit of work for staff to organize all the required paperwork to come to a point where the construction of the garage and the remediation could move forward. He noted that there were property deeds to be transacted and those documents had not yet been drafted. He said the engineering process would follow the land swap. He said he anticipated a lengthy and detailed process and suggested a year might be an appropriate timeframe. Mayor White asked if anyone else wished to speak to the issue. There was no one. He closed the hearing to further public testimony. Councilor Youssef stated her appreciation for the collaborative work between the City staff and Mr. Griffin in resolving a difficult situation. Mayor White suggested Council add a condition that the applicant enter into a contract with the City that is acceptable to staff to ensure timely completion of the project.


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Counsel Nelson said it would not hurt to add an explicit condition such as Mayor White suggested. Mayor Pro Tem Marbury agreed. Counsel Nelson said the condition should add “to ensure timely completion of the conditions of approval and timely completion of the project.” Mayor Pro Tem Marbury concurred. She moved to approve Griffin Preliminary Plan Minor Subdivision and authorized the Mayor to sign the Mylars after completion of final plat review and with all the conditions stated. Councilor Youssef seconded the motion. A roll call vote was taken, and the motion to deny passed unanimously. Passed: For: 5; Against: 0; Abstain: 0; Absent: 0 ADJOURNMENT Mayor White adjourned the meeting at 9:46 p.m. APPROVED:

ATTESTED:

______________________________

_____________________________ Amy Phillips, City Clerk

Richard E. White, Mayor


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Approval of Minutes, Joint City Council Meeting, July...

CITY COUNCIL JOINT MEETING DURANGO CITY COUNCIL AND LA PLATA COUNTY BOARD OF COUNTY COMMISSIONERS CITY HALL 949 EAST 2ND AVENUE TUESDAY, JULY 25, 2017 4:00 PM Call to Order Mayor White called the meeting to order at 4:00 p.m. Roll Call Present on behalf of the Durango City Council were Mayor Dick White, Mayor Pro Tem Sweetie Marbury, Councilor Melissa Youssef. Councilor Chris Bettin and Councilor Brookie were not present. Present on behalf of Durango City Staff were Assistant City Manager Kevin Hall, City Attorney Dirk Nelson, and City Clerk Amy Phillips. Present on behalf of the La Plata County Board of County Commissioners were Commissioner Gwen Lachelt and Commissioner Brad Blake. Commissioner Julie Westendorff was not present. Present on behalf of La Plata County Staff was Interim County Manager Joanne Spina. Also present was Durango Fire Protection District Fire Chief Hal Doughty. Presentation and Discussion Regarding the Proposed Durango Fire Protection District Fire Impact Fee Mr. Hall explained that both the City and County boards would hold their own public hearings on the proposed Fire District fire impact fee at a later date. He asked for anyone coming forward to speak at the dais to introduce himself or herself. Chief Doughty provided a brief historical perspective on fire district funding and the district’s goal to implement a fire impact fee. He said the previous summer the Colorado legislature voted to allow fire districts, operating as special districts, to impose impact fees in their communities to provide for expansion of services that are needed to compensate for growth in the community. He commented on the growth in the Durango area and provided a map of the current fire district service area, noting that it is 58 miles long from north to south and extends into San Juan County on the north and to the New Mexico state line on the south, for a total of 325 square miles. Chief Doughty commented on the fire district volunteers who provide fire, EMS, rescue, hazmat, and other technical emergency services. He said the number of emergency calls has consistently grown by about 7% per year on average for at least as far back as 2011. He said as demand grows, the service centers must be expanded. He noted that the Three Springs area, which, in the past, had little population and the station there received few calls. He said now the Three Springs development and the hospital are served by the station and it is the second busiest station within the district. He said the funding from impact fees would ensure the ability to expand in the future as growth continues. He said Durango’s growth in the residential and commercial sectors demonstrates the need for fire impact fees and satisfies the requirements of the legislation. Chief Doughty briefly responded to questions from the commissioners and from Council. Chief Doughty commented on the consolidation in 2002 of the Durango Fire District with the Animas Fire District and the Hermosa Creek Fire District to create the current administrative structure. He said the consolidation increased the efficiency of the District by erasing the old boundary lines and allowing everyone to receive the fastest, best service possible regardless of their location. He said, however, fiscal funding for the future was not addressed in 2002.

Page 1 of 4 ~ Minutes of City Council Joint Meeting with County Commissioners, July 25, 2017

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Chief Doughty said the District studied what its capital needs would be over the next 30 years and the cost was $54 million for the fire department for the 16 stations and the administration building, including 180 personnel and the fire trucks and ambulances. He said the Fire District Board decided that the first thing the District needed to do was to work on impact fees, because the voters did not have to vote on impact fees, but all potential sources of revenues should be thoroughly explored. He said current residents have paid for current services; an impact fee would help cover the cost of expansion required by residential and commercial growth. He provided statistics on how the required funding for the District would be spread out between current and future residences and businesses, if growth occurs as anticipated. He noted that the District is not trying to solve all its future needs with the establishment of impact fees but did think the “folks should have to pay their fair share.” Chief Doughty commented on the difference between existing needs, such as a new downtown fire station, and future needs, which would be based on future growth. He provided a slide of the residential and commercial impact fees proposed in the district. Chief Doughty thanked the commissioners and councilors for the opportunity to speak. Mayor White opened the meeting to public testimony. Gene Fisher, local resident, acknowledged the needs of the fire department, but said he was concerned about what how the impact fees would affect the cost of housing. He said the housing issue is the number one social issue in Durango and La Plata County. He said many business owners can’t find employees because the housing is unaffordable for them. He commented on the unintended consequences of impact fees and on the formula developers use to determine the cost of building and the market price for new development. He said an additional fee of $1,000 would add $4,000 to the cost of a new structure, which in turn drives up the price of existing structures, something he termed “the ratchet effect.” He added that higher fees made it much more difficult to make a project work economically and fewer projects would be built. He said he didn’t want Durango to be a place where you must have a lot of money to be able to live there. Tom Walsh, a captain with the Durango Fire District, said he had lived in Durango 22 years and started out as a volunteer with the fire department. He said he was the first person to be hired as a firefighter following the consolidation of the smaller fire districts. He said he is a paramedic and a chairperson for the safety committee. He said he takes his work very seriously. He commented on the current needs of the District, which, he noted, has not made any significant upgrades in the time he has served the fire department. He said the condition of some of the fire stations is pretty “rough’ and affects the health and safety of the firefighters, who spend a third of their lives ensuring quick response to all 911 calls, which he noted are increasing. He asked the commissioners and councilors to consider the firefighters in their decision-making. Emil Wanatka, city resident, said he had been a homebuilder in Durango for almost 25 years and was in agreement with Mr. Fisher about the effect of fees on the cost of housing. He said, however, he had also served on the board of the Durango Fire Protection District and understood the challenges of the department. He said he had seen the call volume increase “at an alarming rate.” He said that after thoughtful deliberation he thought the community should impose the impact fees but they should be implemented by both the County and the City. He asked how the new impact fees would affect the fees already being paid in some subdivisions, such as Three Springs, Twin Buttes, Edgemont, and Purgatory. He said he was uncertain whether the proposed fees proposed by the fire district would vary between, for example, a 6000-square foot house and a studio apartment. Chief Doughty responded to Mr. Wanatka’s comments. He countered the argument that impact fees slow development by saying the strongest growth in the fire district’s service area is in developments that have already imposed fire impact fees. He said he thought one impact fee should be imposed throughout the district. He noted San Juan County recently adopted fire impact fees and now the District needs the City and the County to do the same. He said everyone needs to be on board before moving forward. He said one of his goals with proposing the impact fees was “to keep it very simple” with fees for two kinds of units–residential and commercial. He said the size of a structure does not necessarily affect the number of calls that will come in from that address.


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Mayor White thanked Chief Doughty for his presentation and thanked the citizens who provided public testimony. He said the City Council would be holding a more formal public hearing on the proposed impact fees and would have a full discussion when all the councilors were present. He said he was impressed with the presentation made by the fire district. He said he believed everyone understood the need for a new downtown fire station. Mayor White said citizens would pay “over and over again in insurance costs” if the fire department cannot provide adequate protection. Commissioner Blake commented that he had met with Chief Doughty on several occasions and that he appreciated the work the District did in preparing the proposal. He said it was a sensitive issue in the county because county residents are wary of anything that raises homeowners’ costs. He stated his concern that the proposal impacts would not alleviate all the District’s money issues, but said all the fire districts in the county have monetary issues and the impact fee would only resolve the Durango Fire District’s issues. Commissioner Blake said the public perception is that the fire department has too much money, and that the fire trucks are “only” 27 years old. He suggested a public outreach campaign and hosting “where your fireman go, behind-the-scenes tours” of the fire department facilities to educate the public about what and where the needs are. He suggested a tour of the downtown firehouse, which, he agreed, was in “pretty bad shape.” Commissioner Blake said he thought the County would also have other opportunities for public input. Counsel Rogers commented on behalf of the County regarding existing development contracts that various subdivisions have with the County. She said those contracts must be renegotiated individually if the impact fees are adopted. She also commented on the intergovernmental agreement currently under negotiation with the fire district. She said the County welcomes input. Counsel Rogers commented on the legal issues related to fire district impact fees and how she anticipated the fees, if adopted, would be implemented and managed for building applications in developments with individually negotiated contracts. Commissioner Blake commented that in some subdivision agreements, property for a fire station is dedicated in lieu of fire impact fees. Mayor White said in the case of the Three Springs subdivision agreement, land was dedicated and a fire protection fee was implemented. Counsel Rogers said in some cases parcels have been dedicated but have not been used. Ms. Spina commented on the County’s property tax rate, which is one of the lowest in the state, and the decline in oil and gas revenue, which, she said, has created an economic crisis for the County. She said the County has considered several methods of increasing revenue, including excise taxes, a use tax, increase property taxes, mill levy, etc. She asked why the fire department’s revenues were not keeping pace with increasing costs. Chief Doughty responded to Ms. Spina’s comments. He said more detailed information on the fire district’s budget could be found on its web site (http://www.durangofirerescue.org/ ). He said, essentially, a third of the revenue comes from the 5.7 mill tax levy that is assessed to taxpayers who live in the fire district, including the city; another third comes from the 5.7 mills assessed to the City that comes from the City’s General Fund, and a third from EMS revenue and all other forms of revenue, such as grants. He said the current operating budget represents the extent of all sources of revenue, plus almost $400,000 that the board committed from the fund balance to allow a balanced budget to be presented at budget time. He said the budget does not include any funds for capital improvements. He said an impact fee would just be the first step in many efforts to improve funding for the district. He said he anticipated the District would go for a mill levy adjustment in the fall. He said a request to the voters for a bonding authority could also potentially be a source of revenue for capital needs. Chief Doughty said the fire department takes good care of its fleet, and reported that 16 trucks in the departmental fleet would turn 20 years old this year, and two other trucks are even older. Page 3 of 4 ~ Minutes of City Council Joint Meeting with County Commissioners, July 25, 2017

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Chief Doughty said he works with 180 people, most of whom don’t get paid for what they do and serve the community with complete dedication. Councilor Marbury said she thinks it is important for the citizens to see the extent of the fire district’s service. Chief Doughty said the current mill rate of 5.7 was established four years prior when the districts were consolidated. He said about $500,000 comes from the mill levy in the fire district and about $500,000 comes from the mill levy assessed the City. Chief Doughty commented on the mill rates for the individual fire districts that existed before the consolidation. He said the fire department’s current funding scheme dates from 1975. He said in 1975 the fire district had 15 to 20 members, all of whom were volunteer, and they didn’t provide Emergency Medical Services. He said in 1975 there were fewer than 100 calls. Councilor Marbury thanked the fire department for its excellent service and acknowledged the service of the men and women who put their lives on the line daily for the community. Chief Doughty said, on a case by case basis, if the fees are implemented, there could be a slight decrease in revenue from some areas, particularly from the Purgatory area. He said applying the fee across the community, however, would be a more fair way of obtaining funding, because the service that is provided is the same for everyone in the district, regardless of their location. He clarified that the only thing the funds from impact fees could be used for is infrastructure (fire stations) and rolling stock required to accommodate new growth. Mayor White thanked everyone from the fire district for their hard work and the significant new information. Adjournment Mayor White adjourned the study session at 5:34 p.m.

APPROVED:


ATTESTED:

Amy Phillips, City Clerk


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DURANGO CITY COUNCIL REGULAR MEETING MINUTES CITY HALL 949 EAST 2ND AVENUE TUESDAY, AUGUST 15, 2017 6:30 PM CALL TO ORDER Mayor White called a regular meeting of the Durango City Council to order at 6:31 p.m. Answering to roll call were Councilor Melissa Youssef, Councilor Chris Bettin, Mayor Pro Tem Sweetie Marbury, and Mayor White. Councilor Dean Brookie was absent. REVIEW OF THE CONSENT AGENDA 4.1.

Approval of Minutes, Special Study Session, July 5, 2017

4.2.

Approval of Minutes, Joint Study Session, July 13, 2017

4.3.


4.4.

Discussion and Possible Action Concerning the Approval of a LOR Foundation Grant for an Update of the Ewing Mesa Area Plan and Resolution R-2017-24 Authorizing an Additional Appropriation to the General Fund for the Grant

4.5.

Discussion and Possible Action Concerning the Harmony Planned Development Lot 11 Resubdivision As-Built Townhome Final Plat

4.6.

Discussion and Possible Action Concerning the Approval of Resolution R-2017-25 Authorizing an Additional Appropriation to the General Fund and to the Capital Projects Fund for Work Associated with a Public Improvement Agreement

4.7.

Discussion and Possible Action Regarding the Authorization to Retain Special Counsel for the Refunding of the 2009 Bonds

4.8.

Discussion and Possible Action Concerning Revisions to the 2017 Pay and Classification Plan and the 2017 Budget for the Reclassifications of the Recycle Solid Waste Manager, the Grants Specialist, the City Engineer, a Civil Engineer II, an Engineering Inspector, Two Administrative Assistant II Positions, an Accounting Technician II, the Mobility Coordinator, Two Collection and Distribution Operators, a Planner III, and the Addition of a Crime Analyst, in Addition to the Approval of Resolution R-2017-26 Authorizing an Additional Appropriation to the Transit, Water, and Sewer Funds

City Clerk Amy Phillips read the Consent Agenda as published. Mayor White requested the removal of Consent Agenda Item 4.8. Councilor Youssef requested removal of Consent Agenda Item 4.4.

Page 1 of 9 ~ City Council Regular Meeting Minutes ~ August 15, 2017

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APPROVED CONSENT AGENDA ITEMS Mayor Pro Tem Marbury moved to approve the Consent Agenda except Items 4.4 and 4.8. Councilor Bettin seconded the motion. A roll call vote was taken, and the motion passed unanimously. Passed: For: 4; Against: 0; Abstain: 0; Absent: 1 REMOVED CONSENT AGENDA ITEMS 4.4. Discussion and Possible Action Concerning the Approval of a LOR Foundation Grant for an Update of the Ewing Mesa Area Plan and Resolution R-2017-24 Authorizing an Additional Appropriation to the General Fund for the Grant Councilor Youssef said she requested removal of Item 4.4 to provide an opportunity to recognize the value of the Ewing Mesa property to the community in terms of diversification, increased arts events and opportunities, and preservation of open space and trails. She thanked Trails 2000 for assuming fiscal responsibility under its nonprofit designation for administering the grant. Mr. Hall provided the staff report. He said the City was awarded a $100,000 grant from the LOR Foundation to undertake an update of the Ewing Mesa Area Plan, which dovetails with the work being performed by the County on the Ewing Center. He noted that the Trust for Public Lands had been instrumental in getting the area plan update organized. He noted the generous donation of the property by the Katz family. He said the City must accept the grant to utilize the funds, although the money would be passed directly through to Trails 2000. Councilor Youssef moved to approve Resolution R-2017-24, authorizing an additional appropriation to the General Fund for a planning grant in excess of the amounts budgeted in the 2017 Budget. Mayor Pro Tem Marbury seconded the motion. A roll call vote was taken, and the motion passed unanimously. Passed: For: 4; Against: 0; Abstain: 0; Absent: 1 4.8. Discussion and Possible Action Concerning Revisions to the 2017 Pay and Classification Plan and the 2017 Budget for the Reclassifications of the Recycle Solid Waste Manager, the Grants Specialist, the City Engineer, a Civil Engineer II, an Engineering Inspector, Two Administrative Assistant II Positions, an Accounting Technician II, the Mobility Coordinator, Two Collection and Distribution Operators, a Planner III, and the Addition of a Crime Analyst, in Addition to the Approval of Resolution R-2017-26 Authorizing an Additional Appropriation to the Transit, Water, and Sewer Funds Mayor White said he pulled the item to provide more information to the public about the additional appropriation. City Manager LeBlanc provided a staff report on the proposed revisions to the 2017 Pay and classification Plan and the 2017 Budget. He explained that the City of Durango Charter and Personnel Regulations Ordinance requires that the Council must adopt a City Pay and Classification Plan for employees. He reviewed highlights of the requested budget revisions as follows: He said the new Water Reclamation Facility project is underway and he had appointed City Engineer Gregg Boysen as project manager, and Mr. Boysen’s responsibilities as City Engineer would be transferred over to a new position – “Assistant City Engineer.” He said a current staff member, Keith Dougherty, would fill the new position. He said an Engineer II position would also be created to help with the workload, noting an uptick in activity in the Community Development Department. He also noted reclassification of an Engineering Inspector position, a Planner III position, and the Grants/Contracts Manager. He said the Utilities Director position would be eliminated and the Utilities Department would become a division within City Operations under Director Levi Lloyd. He said the vacant Accounting Technician II position would also be eliminated and a Customer Service Division would be created under the Finance Department. He noted the creation of two Meter Technician positions and a reclassification of a Recycle Solid Waste Manager. Mr. LeBlanc commented on the request to approve creation of the Transportation Department to be considered later in the meeting. He said, dependent upon the approval, the responsibilities of Transportation would be removed from City Operations and would be under the responsibility of Assistant City Manager Amber Blake. He said the title of Transportation Director would be added Page 2 of 9 ~ City Council Regular Meeting Minutes ~ August 15, 2017

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to the pay and classification plan. He stated that the Mobility Coordinator will be reclassified to the Assistant Transportation Director. Mr. LeBlanc commented on a new position–a Crime Analyst–in the Police Department and the request to allow the Police Department to hire all sworn vacancies at the entry level position. He said he expected the department to be back in full force by the end of the year. He said a full force provides flexibility in the operations division and information from the crime analyst would allow officers to be moved to where they are needed most. Mayor Pro Tem Marbury commented on improving departmental efficiencies and stated her support. It was stated that the request would have an additional impact of $9,200 on the General Fund. Mayor Pro Tem Marbury moved to approve the recommended changes to the 2017 Pay and Classification Plan and to the 2017 Budget and approve Resolution R-2017-26 authorizing an additional appropriation to the Transit, Water, and Sewer Funds. Councilor Bettin seconded the motion. A roll call vote was taken, and the motion passed unanimously. Passed: For: 4; Against: 0; Abstain: 0; Absent: 1

PUBLIC PARTICIPATION Mayor White invited members of the Human Relations Commission to the podium for a presentation. Alden Spitzer, Youth Appointee to the Human Relations Commission, introduced the other members present at the meeting: Claire Atkisson, Suzanne Sitter (staff), and Lexie Stetson-Lee. She provided an overview of the commission’s purpose. She said the five-member commission was established in 2012 and was charged with promoting social harmony throughout the Durango community, discouraging discrimination, and increasing participation.in government and businesses across all sectors. She said the commission listens, tracks the pulse of the community, and reports back to the Council. She commented on the ways the commission goes about its mission of bringing people together and achieving a dialogue with the community and its visitors. Ms. Stetson-Lee commented on events hosted by the Human Relations Commission in 2017, including the first Indigenous Peoples Day. She commented on the commission’s goals and objectives for 2018. She mentioned that its meetings are held on the fourth Tuesday of every month from 4 pm to 5:30 pm at City Hall in the City Manager’s Conference Room. Contact information for the Durango Human Relations Commission was noted as follows: web page www.durangogov.org/crc ; email [email protected] or [email protected]; and phone 970-375-5017. Mayor White acknowledged the commission’s members for their efforts in the community. He said he had attended two “Diversity Dialogue” events and found them excellent. Ms. Atkisson commented on her positive experience as a member of the commission. She said the recent events in Charlottesville had heightened the need for every community and town to create opportunities for community members to voice their concerns. Susan Atkinson, city resident, said she was on the leadership team for the Citizens Climate Lobby. She said the Durango chapter has more than 300 members and is a nonpartisan group focused on finding sustainable climate solutions. She commented on recent data from the Compact of Colorado Communities that show Colorado’s average temperature had increased by 2%. She commented on the effect of climate industry on Colorado industry and businesses, citing reduced snowpack, earlier snowmelt and runoff, and more frequent drought. She lauded actions taken by the City to educate employees about ways to increase sustainability in City operations and the adoption of the Sustainability Action Plan. She said the Council has a “huge base of support” for its participation in the Compact of Colorado Communities program. She noted that Al Gore’s sequel to “An Inconvenient Truth” would be showing at the Allen Theaters for one week beginning the following Thursday. Page 3 of 9 ~ City Council Regular Meeting Minutes ~ August 15, 2017

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Monique DiGiorgio, managing director of Local First!, 1309 East Third Avenue in the Smiley Building, said Local First! represents over 200 local independent organizations and businesses. She thanked Council for its leadership in making Durango an “extraordinary to live, work, and play.” She read the mission statement for the nonprofit alliance. She noted that Council is about to consider its 2018 budget and commented on “leakage” of sales tax due to online sales and sales across state lines and the resultant reduction of sales tax revenue. She also commented on another kind of leakage: the import of energy into the community and the corresponding export of dollars out of the community in payment. She suggested that a buy-local campaign should include the concept of buying local energy and that funding should be budgeted to invest in a renewableenergy future. She spoke in support of the City’s role in and commitment to sustainable energy and asked the councilors to adopt local clean energy goals. She noted other communities that have already adopted or achieved their clean energy goals. She asked that clean energy and sustainability be considered as one of Council’s top five priorities in 2018. She said her organization would be happy to work with Council in achieving its goals. Emily Bowie, a representative of the San Juan Citizens Alliance, 1309 East Third Avenue, thanked Council for its leadership on sustainability issues. She noted that Durango is a Green Power partner in the STAR Communities program. She said it is important to push the limits and find a green energy future that works for everyone. She said climate change is a major concern of her organization and commented on Colorado’s average annual temperature, which has increased, with 2016 being the warmest recorded. She said increased temperatures, water shortages, and unpredictable snowfall would affect Durango’s economy. She said the American withdrawal from the Paris Accord shifted leadership from Washington, D.C. to the leaders in local government. She noted that the San Juan Citizens Alliance is one of the prime organizers of the monthly Green Business Round Table and commented on record attendance at a recent presentation by a representative of the Kit Carson Energy Coop of Taos, New Mexico. She said a clean energy future is something Durango wants and “we know we need.” She said her organization is excited to work with the City in achieving its current energy goals and establishing new energy goals. Kirby McLaren, city resident, thanked Council for its solid efforts in addressing climate change, which he said he considered the greatest threat humanity has ever faced. He urged Council to continue to act on and implement new energy goals. He encouraged Council to treat climate change as a priority and budget accordingly at “this critical time in history.” Werner Heiber, city resident, a board member and founding member of the Sustainability Alliance of Southwest Colorado and a board member of 4CORE, commented on responsibility for future generations. He urged Council to continue to work to achieve its sustainability goals, noting the importance of “acting locally and thinking globally.” There being no one else who wished to speak, Mayor White closed public testimony.

COUNCIL REPORTS/ACTIONS Councilor Bettin thanked the public for their testimony on climate change, the Sustainability Action Plan, and the City’s participation in the Compact of Colorado Communities. Councilor Bettin thanked Councilor Youssef for spearheading efforts to bring Willie Baronet, an advocate for treating the homeless with compassion, to the community for a presentation on homelessness. He said he attended a showing of Mr. Baronet’s movie. He also thanked City staff for supporting the endeavor and thanked the City Manager for facilitating the conversation after the presentation. Councilor Bettin commented on the events that occurred over the weekend in Charlottesville, Virginia. He said he was grateful to live in a community that respects diversity and said he personally condemns acts of racism and bigotry. He hoped the events of the weekend would provide an opportunity to “care for each other better,” especially those who are “different from us” and those “we don’t agree with.” Councilor Youssef also thanked the City Manager for moderating and facilitating difficult discussions. She also thanked the donors–Manna Soup Kitchen, Community Foundation of Southwest, Axis Health Systems, and the Rochester Hotel–that made it possible to bring Mr. Baronet to Page 4 of 9 ~ City Council Regular Meeting Minutes ~ August 15, 2017

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Durango. She said the goal was trying to gain an understanding of the complex issue of homelessness. She said there is considerable work to be done as a community and the discussions would continue. She said Mr. Baronet was an inspiration. Councilor Youssef commented on two tragedies that occurred recently: the death of John Huisjen, a former student at Fort Lewis College and employee of the FLC Environmental Center, who was struck by lightning while mountain biking near Telluride, and Christopher Balchunus, who was hit while riding his bicycle on Main Avenue. She advocated for continuing to get pedestrians and bicycles, including e-bikes, off the main highways and roads and onto the Animas River Trail, which, she said, is a commuting trail. Councilor Youssef commented as the liaison to the La Plata Economic Alliance. She mentioned the upcoming 2017 SCAPE (Southwest Colorado Accelerator Program for Entrepreneurs) startup campaign and investor social on August 30th from 2:30 to 4:30 at FLC. She said SCAPE had sponsored 15 companies so far, with over $4 million in capital and 60 created jobs. Mayor Pro Tem Marbury commented as liaison to the Natural Lands Board. She said the Master Plan Update for Parks and Recreation would be presented September 11th at 6 pm at the Recreation Center. She said it would be an open house. Mayor Pro Tem Marbury commented as liaison to the Library Board. She said in September businesses around town would be offering discounts if one shows a library card. At Mayor Pro Tem Marbury’s request, Mr. LeBlanc provided the following sales and lodger’s tax report: for the month of June (as reported in July), sales tax was up 1.4% over June of 2016, and year to date up 1.7%. He said lodger’s tax was up 10% over 2016, and up 9.1% year to date. At Mr. LeBlanc’s request, Assistant City Manager Amber Blake addressed Council regarding the upcoming “Colorado Cities & Towns Week.” She said there would be a community survey on Virtual City Hall. She said there would be a video online showing how capital needs are funded by different City departments. She said the video would also run in the Library lobby for a week, where the survey would also be available. She said there would be a community forum on Parks, Open Space, Trails and Recreation Master Plan on September 11th at 6 p.m. at the Recreation Center, and staff would be available in the hallway before and after the forum. She said the study session the next day would be cancelled so council members can be on hand at various locations around the community to speak directly with the public on issues of concern. She said surveys would be available at the Green Business Roundtable on the following Wednesday and a public forum on Thursday at SkaBQ. She said on Friday, September 15th, there would be a “Community Conversation and City Showcase” at 5 pm at the Recreation Center. She also noted that surveys would be available at the Kiwanis Pancake Breakfast to be held on September 21st. She said input is welcomed from citizens of all ages. Mayor Pro Tem Marbury reported that thistle eradication is occurring in Horse Gulch. Mayor Pro Tem Marbury said bear-proof containers could be purchased by calling 375-5004, noting they cost $4 a month for approximately four years. She said Code Enforcement is issuing citations for residences and businesses. She said bears are not going to change their behavior, so people must change their behavior instead. She said she was in support of no warning tickets, higher fines, and mandatory bear-proof containers. Mayor Pro Tem Marbury encouraged everyone to shop locally rather than on Amazon to improve City sales tax revenues. Mayor White commented that compassion, as stressed in the Willie Baronet presentation, is a component of social sustainability. He noted that most of the homeless who camp at the Tech Center are Durango residents who hold jobs but can’t afford a place to live. Regarding the recent bicycle accident, Mayor White said the City is working on a program to make all streets safe for all types of transportation. He said there would be most likely be money budgeted to restripe College and Main Avenue to add bike lanes, with a single lane of traffic in each direction, with turn lanes.


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Mayor White said he expected that the events scheduled for Colorado Cities & Town Weeks would be wonderful events. He mentioned the speaker from Fort Collins who would be speaking at the Green Business Round Table. Mayor White said he would hold regular office hours the following Thursday and the Thursday following, but would miss the three weeks after that. Mayor White noted that recently a tree on the City right of way fell onto a car. He said city residents who are concerned about the condition and health of trees in the City right of way can call the City Arborist Greg Sykes at 375-7383 or email him at [email protected] . Mayor White commented on a tour of the Gold King Mine he took, along with Councilor Brookie and the senior staff of the EPA, including director Scott Pruett. He said Mr. Pruett indicated that continued federal funding for the Bonita Peak Mining District reclamation is a priority. He said also on the tour were County Commissioner Brad Blake, Governor Hickenlooper, Senators Bennett and Gardner, Congressman Tipton, State Senator Don Coram, and State Representative Barbara McLachlan. He noted that a well-attended public forum followed the tour. Mayor White reported on a meeting of the Utilities Commission, which received an update from Bruce Whitehead, the director of the Southwest Water Conservation District. Mayor White reported on his attendance at a screening of the sequel to An Inconvenient Truth. Mayor White noted that an organizational meeting for the Mayor’s Youth Advisory Commission had been held the previous Monday. At Mayor White’s request, Mr. LeBlanc commented on community concerns highlighted by the Colorado Municipal League, including potential elimination of the Community Block Grant Program, reduction of the EPA Superfund Program, reduction of Amtrak funding, essential air service funding, elimination of TIGER transportation grants, elimination of the USDA rural development grants, and a threat to the tax-exempt status of municipal bonds. He said all the items are onerous for the country and particularly for Durango. He encouraged everyone to communicate any concerns to their elected officials. Mayor Pro Tem Marbury provided the contact number for Senator Gardner: (202) 224-5941. Mayor White said he represents Durango in the Southwest Colorado Council of Governments, which is planning to submit a proposal for supplying broadband to rural health facilities. He said the project cost would be between $50 and $60 million. He said broadband service throughout La Plata County is a priority of the La Plata County Economic Alliance. Mayor White commented on the Market Place Fairness Act, which to date has not been passed. He said across the country, main streets are “being killed by all these internet sales,” because sales taxes are not paid on internet sales. Mayor Pro Tem Marbury complimented Mayor White on his moderation of the public forum after the Gold King Mine tour. She said emotions ran high in the room and he did an excellent job of maintaining order.

PUBLIC HEARINGS 9.1. Legislative and Policy-related Hearings: 9.1.1. A Public Hearing to Consider the Granting of an Easement to La Plata Electric Association, Inc. to Accommodate Powerline Improvements Associated with the Recently Approved Arrowhead Ridge Subdivision on Rim Drive Counsel Nelson provided the staff report. He said it was a routine request from La Plata Electric Association, Inc. for a new easement over a small portion of City-owned property on College Mesa to accommodate utility improvements and to retire an existing overhead power line in association with the recently approved Arrowhead Ridge Subdivision. He said the easement would be on the golf course property and the golf course management had no objection to the easement and there would be no impact to the City’s property. He said such easement requests must be approved by Council and adopted by ordinance.


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Mayor White opened the hearing to public comment. There being no one present who wished to speak, he closed public comment. Mayor Pro Tem Marbury moved to authorize the granting of the proposed easement to LPEA to install power line improvements associated with the recently approved Arrowhead Ridge Subdivision on Rim Drive on the College Mesa and direct the City Attorney to prepare an ordinance for first reading at the next regularly scheduled City Council meeting. Councilor Bettin seconded the motion. A roll call vote was taken, and the motion passed unanimously. Passed: For: 4; Against: 0; Abstain: 0; Absent: 1

INTRODUCTION OF ORDINANCES 11.1. An Ordinance Creating a Department of Transportation for the City of Durango and Declaring an Effective Date City Attorney Dirk Nelson introduced Ordinance O-2017-10 creating a Department of Transportation for the City of Durango and declaring an effective date. Mayor White stated a public hearing on the issue had occurred the previous week. Mayor Pro Tem Marbury moved to approve Ordinance O-2017-10. Councilor Youssef seconded the motion. A roll call vote was taken and the motion passed unanimously. Passed: For: 4; Against: 0; Abstain: 0; Absent: 1 ADMINISTRATIVE 12.1. Dirk Nelson, City Attorney 12.1.1. Discussion and Possible Action Concerning Proposed Resolution R-2017-27 Submitting to the Registered Electors of the City at a Special Election, to be Held on November 7, 2017, a Ballot Issue and Title Concerning Fire Protection and Emergency Services and in Connection Therewith Authorizing an Increase in City Property Taxes and Amendments to the Agreement with the Durango Fire Protection District Counsel Nelson introduced Resolution R-2017-27. He said Council determined, after deliberations following a public hearing, that it would be appropriate and in the best interests of the City to ask the electorate of the City of Durango for authorization to impose an additional ad valorem tax in the amount of 2.5 mills on property located within the city to support a proposed increase in the City’s payment to the Durango Fire Protection District for fire and EMS services under the service contract originally entered between the City and DFPD effective January 1, 2014. He said the City is required by law to obtain the approval of the city’s electorate to increase the property tax, and staff and the City’s special counsel, Dee Wisor of the Denver Law firm of Butler Snow completed the work necessary to prepare the resolution and place the issue before the voters on November 7, 2017. He said a consultation with Mr. Wisor resulted in a determination that the ballot question can be certified by a resolution adopted by Council. He noted that the question was a TABOR question and the ballot question would include language required under the TABOR Amendment. Counsel Nelson read the ballot language for the record as follows: QUESTION 1-A: AUTHORIZATION TO INCREASE CITY PROPERTY TAXES 2.5 MILLS FOR THE PURPOSE OF PAYING FOR FIRE PROTECTION AND EMERGENCY SERVICES PROVIDED WITHIN THE CITY BY THE DURANGO FIRE PROTECTION DISTRICT AND TO AMEND THE AGREEMENT WITH THE DISTRICT TO INCREASE THE ANNUAL FEE PAYABLE BY THE CITY TO THE DISTRICT. SHALL CITY OF DURANGO TAXES BE INCREASED NOT MORE THAN $1,500,000 IN TAX COLLECTION YEAR 2018 AND BY WHATEVER AMOUNTS ARE GENERATED ANNUALLY THEREAFTER BY A MILL LEVY OF NOT MORE THAN 2.5 MILLS FOR THE PURPOSE OF PAYING FOR FIRE PROTECTION AND Page 7 of 9 ~ City Council Regular Meeting Minutes ~ August 15, 2017

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EMERGENCY SERVICES PROVIDED WITHIN THE CITY BY THE DURANGO FIRE PROTECTION DISTRICT AND SHALL THE CITY BE AUTHORIZED TO AMEND THE AGREEMENT BETWEEN THE CITY AND THE DISTRICT WHICH WAS APPROVED BY CITY VOTERS ON NOVEMBER 5, 2013, TO INCREASE THE ANNUAL FEE PAYABLE TO THE DISTRICT BY THE AMOUNT GENERATED BY THE 2.5 MILL LEVY AND TO AMEND THE TERM OF THE AGREEMENT TO THE EXTENT THE COUNCIL DETERMINES IT IS NECESSARY TO DO SO TO COMPLY WITH THE CITY CHARTER; PROVIDED THAT THIS AUTHORIZATION SHALL BE CONTINGENT UPON THE VOTERS OF THE DISTRICT APPROVING A DISTRICT MILL LEVY INCREASE OF 2.5 MILLS AT THE NOVEMBER 7, 2017 ELECTION? Mayor White noted Fire Chief Doughty had provided a strong case for the increased mill levy at the council’s study session held the previous week. He said the Fire Department has multiple needs and the mil levy issue is critical to the community. Mayor Pro Tem Marbury noted that property taxes have not been increased since 1982, and that for most residents the increased mil levy would result in about a $70 increase in their annual taxes. She noted that the Fire Districts extends from Purgatory south to the state line. She commented on potentially devastating fires that occurred in the past and said the increased tax is worth the assurance that the Fire District is able to respond to all emergencies within its service area. Councilor Bettin said Council was unanimous in its support of the resolution. He suggested residents listen to Chief Doughty’s presentation to Council at their previous study session (available online at www.durangogov.org under “Agendas & Minutes”), where Chief Doughty “made the case” for an increase in the mill levy. Counsel Nelson commented on the draft language. He said the first part of the ballot language is dictated under the TABOR Amendment. He said the second part provides the details. He said the recommended language had been simplified as much as possible. Councilor Bettin said, despite the wordiness of the proposed language, it is a critical issue to the community and he encouraged residents to inform themselves about the ballot initiative. Mayor Pro Tem Marbury encouraged residents to vote “yes” on 1A. Mayor White said TABOR requires that the language includes a dollar amount. Counsel Nelson said the amount in the recommended language is the dollar amount of what is expected to be raised by the increased mill levy in the first year. He commented on how the requested percentage of increase was determined. He said the proposed amount was a “TABOR estimate of what we think could possibly be produced by 2.5 mils in the year 2018.” Mayor White commented on potential changes to the term of the contract the City has with the Fire Department, if the initiative is approved, due to the City’s obligations on the City Charter. He said the basic issue is that the Fire District needs enough money to provide emergency services. He said 80% of the calls are EMT calls, not fire calls. Mayor Pro Tem Marbury moved to adopt Resolution R-2017-27 to certify the ballot question and to authorize the submission of the approved questions to the city electors at the November 7, 2017, election. Councilor Bettin seconded the motion. A roll call vote was taken, and the motion passed unanimously. Passed: For: 4; Against: 0; Abstain: 0; Absent: 1 ADJOURNMENT Mayor White adjourned the meeting at 8:18 p.m.

APPROVED:

ATTESTED:


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_______________________________

______________________________


Amy Phillips, City Clerk


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Discussion and Possible Action Concerning a Resolution...

AGENDA DOCUMENTATION Item 4.4. Meeting Date: September 5, 2017

TO: DURANGO CITY COUNCIL

FROM:

MARK WILLIAMS COMMUNITY DEVELOPMENT

SUBJECT: DISCUSSION AND POSSIBLE ACTION CONCERNING A RESOLUTION ACCEPTING THE 73 JAMESON ANNEXATION PETITION AND SETTING A PUBLIC HEARING FOR THE ANNEXATION AND INITIAL ZONING (OCTOBER 17, 2017).

PURPOSE/BACKGROUND This is a request for annexation and initial zoning from Dan Smith, on behalf of property owners Joe M. Puckett III, Jerome H. Beaver and Marsha Ann Beaver, to annex the Puckett Electric property located at 73 Jameson Drive into the city of Durango. The lot would be zoned Residential Medium (RM), which allows 12 units per acre. The applicants plan to develop housing on the property. The city limits border the property to the south, east and a portion of the north, but the Atmos facility on the west side of the Puckett property will remain outside the city. The Planning Commission heard the request at its August 28, 2017 meeting. Several residents of the neighborhood spoke against the project as conditioned by the City. A City Condition of Approval of the project is for Jameson to continue as a through street to Colorado Avenue. The initial Planning Commission motion to recommend approval resulted in a vote of 2-2, which is considered to be no action taken. A second motion to recommend denial of the annexation passed 3-1. Formal acceptance of the annexation petition is the mandatory first step in the Council’s consideration of the annexation request, as required by State statute. Acceptance of the petition is by resolution, which if approved sets the hearing date for the Council. The proposed Council hearing date is October 17, 2017. Attachments: Resolution R-2017Annexation Petition Legal Description Annexation Map Vicinity Map FISCAL IMPACT To be addressed in the documentation for the public hearing. APPLICABILITY TO COMPREHENSIVE PLAN/GOALS To be addressed in the documentation for the public hearing. RECOMMENDATION It is the recommendation of the Planning Commission that the City Council, by motion, Approve Resolution R-2017___ accepting the 73 Jameson Annexation Petition and setting a public hearing to consider the annexation, initial zoning on October 17, 2017.

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RESOLUTION NO. R-2017-___ A RESOLUTION ACCEPTING A PETITION FOR ANNEXATION AND INITIAL ZONING OF 73 JAMESON DRIVE ANNEXATION ADDITION TO THE CITY OF DURANGO AND SETTING A PUBLIC HEARING FOR OCTOBER 17, 2017. WHEREAS, the owners of 100% of the territory described on Exhibit “A” attached hereto have filed a Petition with the City Council of the City of Durango requesting that the Council accept said Petition and by ordinance approve the annexation of said property which is situated, lying and being in the County of La Plata, State of Colorado, to be known as the 73 Jameson Drive Addition to the City of Durango; and WHEREAS, the Annexation Petition is accompanied by a map of the territory to be annexed and the relationship of its boundaries to the established corporate limits of the City of Durango; and WHEREAS, a request for initial zoning of RM (Residential Medium) for the property located at 73 Jameson Drive for approximately 1.18 acres is being processed concurrently with the annexation request; and WHEREAS, the territory is eligible for annexation to the City of Durango under the laws of the State of Colorado, and the Petition and Annexation and the documents thereto attached meet the requirements of the statutes of the State of Colorado; and WHEREAS, the City finds substantial compliance with said State statutes in that the territory to be annexed is specifically greater than one-sixth contiguous to existing corporate limits, has a community of interest with the City of Durango, is urban or will be urbanized in the near future, and is integrated or capable of being integrated with the City of Durango, and WHEREAS, the proposed annexation will not extend Durango’s municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Durango, in regular meeting assembled, that: said petition is hereby accepted that a public hearing on the annexation and initial zoning be legally noticed in accordance with State statutes for 6:30 p.m. on the 17th day of October, 2017, at the Council Chambers, Durango City Hall, 949 E 2nd Avenue, Durango, Colorado, 81301. Approved and adopted this ________ day of _____________, 2017. CITY OF DURANGO, COLORADO By____________________________ Dick White, Mayor ATTEST: By______________________ Amy Phillips, City Clerk

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Jameson Dr.

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73 Jameson Drive Annexation to the City of Durango Located in S21, T35N, R9W, N.M.P.M, La Plata County, Colorado

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Scale : 1 inch = 20 feet Lineal Units are U.S. Survey Feet Basis of Bearing: The monumented southerly line of a tract described in Warranty Deed filed for record October 31, 1989, at the La Plata County Clerk and Recorder's office, under Reception No. 585308, as shown hereon assumed to be N 87°34'22" E.

VICINITY MAP Scale : 1 inch = 500 feet Lineal Units are U.S. Survey Feet

X

X

X

X

X

X X X

X X X

Reception No. 585308 X

X

X

X

X

X

X

X X X

X

X

X

X

X

X

X

LEGEND

THIS PLAT IS HEREBY EXECUTED BY THE FOLLOWING PARTIES:

Zone- CG Length of Contiguity= 452.11 Feet Total Perimeter= 910.14 Feet 49.7% Contiguous

By _________________________________________, Joe Marshall Puckett, III, Owner

Existing City Limits

STATE OF COLORADO] SS] COUNTY OF LA PLATA]

Proposed City Limits

The foregoing instrument was acknowledged before me by Joe Marshall Puckett, III as owner of this property on this __________ day, of ____________________, 2017 for the aforementioned purposes.

__________ _______________________ My commission Expires

________________________________ Notary Public

SURVEYOR'S STATEMENT I hereby state that this survey and plat was prepared by me or under my direct responsibility, supervision and checking, and that, in my professional opinion, they are true and correct to the best of my knowledge, belief and information based on the applicable standards of practice of Professional Land Surveyors in the State of Colorado. I also state that this survey and plat is not a guaranty or warranty, either expressed or implied.

PRELIMINARY

Joshua J. Casselberry, P.L.S. Colorado Registration No. 37903

Water Valve Frost Free Spigot -X- Fence (M) Measured Dimension (R) Record Dimension Reception No. 585308

By _________________________________________, Jerome Hunt Puckett, Owner STATE OF COLORADO] SS] COUNTY OF LA PLATA] The foregoing instrument was acknowledged before me by Jerome Hunt Puckett as owner of this property on this __________ day, of ____________________, 2017 for the aforementioned purposes.


________________________________ Notary Public

PLAT NOTICES: 1. Notice: Title Research - Title, easement and Right-of-Way research was conducted by Colorado Title and Closing Services, LLC per order No, LP21700538 effective February 23, 2017 and not from research conducted by Moreno Surveying & Geographics, Inc. Any and all parties having interest in subject tracts of land are hereby referred to said title commitments and any title policies issued at a later date. 2. Any encroachment of fences across property may indicate possessory rights are accruing. 3. Notice: According to Colorado law you must commence any legal action based upon any defect in this survey within three (3) years after you first discovered such defect. In no event may any action based upon any defect in this survey be commenced more than ten (10) years from the date of the certification shown hereon.

CERTIFICATE OF OWNERS KNOW BY ALL THESE PRESENTS That Joe Marshall Puckett, III, Jerome Hunt Puckett and Marsha Ann Beaver, whose legal address is 2417 Thomas Ave., Durango, Co 81301, being the legal and record owner of this tract of land, has caused the boundary to be replatted under the name and style of Puckett Annexation as shown hereon and being more particularly described as follows: A TRACT OF LAND LOCATED IN THE NW1/4NW1/4 OF SECTION 21, TOWNSHIP 35 NORTH, RANGE 9 WEST, N.M.P.M., LA PLATA COUNTY, COLORADO, BEING THAT TRACT OF LAND DESCRIBED IN WARRANTY DEED FILED OFR RECORD OCTOBER 31, 1989 IN THE OFFICE OF THE LA PLATA COUNTY CLERK AND RECORDER UNDER RECEPTION NO. 585308, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT WHENCE THE NORTHWEST CORNER OF SAID SECTION 21 BEARS NORTH 72°51 WEST, A DISTANCE OF 674.02 FEET; THENCE RUNNING FROM SAID POINT OF BEGINNING SOUTH 2°07' EAST, A DISTANCE OF 209.04 FEET; THENCE RUNNING NORTH 87°53' EAST, A DISTANCE OF 243.80 FEET; THENCE RUNNING NORTH 0°41' W, A DISTANCE OF 208.88 FEET; THENCE RUNNING SOUTH 87°56' WEST, A DISTANCE OF 249.01 FEET TO THE POINT OF BEGINNING.

County of La Plata, State of Colorado Has caused the same to be annexed to the City of Durango, Colorado, pursuant to Ordinance Number O-2017-XX and has caused the same to be platted as Puckett Annexation , as shown hereon, Consisting 1 Tract and further declare that: -This tract is subject to the terms and conditions contained in the Annexation Agreement recorded in the office of the La Plata County Clerk and Recorder at Reception No._____________.

Gas Meter Drop Inlet Power Pole -OE- Overhead Electric Lines Fire Hydrant

CITY OF DURANGO APPROVAL:

By _________________________________________, Marsha Ann Beaver, Owner

The Plat shown hereon is approved by the City Council of the City of Durango and all right-of-way dedications offered to the City of Durango are hereby accepted this _________day of ________, 2017.

STATE OF COLORADO] SS] COUNTY OF LA PLATA] The foregoing instrument was acknowledged before me by Marsha Ann Beaver as owner of this property on this __________ day, of ____________________, 2017 for the aforementioned purposes.


__________ ________________________ Mayor, City of Durango

___________________________________ City Clerk, City of Durango

________________________________ Notary Public

REVIEWED AND APPROVED BY:

__________ City Engineer

__________________________________________

______________ Date

__________ __________________________________________ Durango Fire Protection District, Fire Marshal

______________ Date

__________ ____________________________________________ Director of Planning and Community Development

______________

__________ ________________________________________ Atmos Energy Services

Date

__________ _________________________________________ Century Link Communications

Date

__________ ________________________________________ La Plata Electric Association

Date

__________ _______________________________________ Charter Communications

73 Jameson Drive Annexation to the City of Durango

Date

______________

Sheet 1 of 1

Land Use Table

FOUND: 2" steel pipe with welded cap in fenceline for the historical NW corner of Section 21. FOUND: A concrete nail with remains of plastic washer "LS 11624" FOUND: 1" steel pipe. FOUND: 1 12" aluminum cap on a 85" rebar, stamped "CRAIG SURVEYS, PLS 29026" FOUND: 1 12" aluminum cap on a 85" rebar, stamped "RLS SURVEYING LS 25963 2.0 WC" SET 1 12" aluminum cap on a 85" rebar, stamped "MORENO SURVEYING PLS 37903"

______________

______________

635 East 2nd Ave, Durango, CO

S21, T35N, R9W, N.M.P.M.

______________ Date

La Plata County, Colorado

36

DATE:

8/21/2017

DRAWN BY:

kt

SCALE:

CHECKED BY:

(970) 385-8535 1 inch = 20 feet JC

JOB NO.:

2017-011

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73 JAMESON DRIVE ANNEXATION VICINITY MAP

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LEGAL DESCRIPTION OF 73 JAMESON DRIVE ANNEXATION BEGINNING AT A POINT WHENCE THE NORTHWEST CORNER OF SAID SECTION 21 BEARS NORTH 72°51 WEST, A DISTANCE OF 674.02 FEET; THENCE RUNNING FROM SAID POINT OF BEGINNING SOUTH 2°07' EAST, A DISTANCE OF 209.04 FEET; THENCE RUNNING NORTH 87°53' EAST, A DISTANCE OF 243.80 FEET; THENCE RUNNING NORTH 0°41' W, A DISTANCE OF 208.88 FEET; THENCE RUNNING SOUTH 87°56' WEST, A DISTANCE OF 249.01 FEET TO THE POINT OF BEGINNING.

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A Request for a Public Hearing to Consider An...

AGENDA DOCUMENTATION Item 4.5. Meeting Date: September 5, 2017


FROM:

DIRK W. NELSON CITY ATTORNEY

A REQUEST FOR A PUBLIC HEARING TO CONSIDER AN ORDINANCE AUTHORIZING A LEASE WITH THE DURANGO CHAMBER OF COMMERCE, INC. ( SEPTEMBER 19, 2017) PURPOSE/BACKGROUND It is the desire of the City and the Durango Chamber of Commerce, Inc., to enter into a new lease on City owned property at 2301 Main Avenue, near Brookside Park, to allow for the Chamber to build a new facility for operation of administrative and general offices at that location. The Chamber provides services that enhance the business community and economic development of the City. Their previous location was in Santa Rita Park but due to the construction and improvements at the City’s new Waste Water Treatment Facility, also known as the Santa Rita Water Reclamation Facility, the Chamber needed to find a new location. The proposed lease agreement is for a term of twenty-five (25) years and will end in 2043. The lease also provides for an option to renew for additional five (5) years with the Chamber. Article II, §11(d) of the Charter of the City of Durango requires the adoption of an ordinance to convey or lease or authorize the conveyance or lease of any real property of the City.

FISCAL IMPACT There is no direct fiscal impact associated with this request for a public hearing. Historically, this space has been provided as a public service and the rental income is nominal.

APPLICABILITY TO COMPREHENSIVE PLAN/GOALS Providing for continuing economic vitality. The Chamber of Commerce is the gateway to providing a variety of services and information to residents, visitors and businesses. The proposed lease with the Durango Chamber of Commerce, Inc., is clearly in the City’s best interests and generally in conformance with the Comprehensive Plan. RECOMMENDATION It is the recommendation of the City Manager and City Attorney that the City Council, by motion, schedule a public hearing for the Council meeting on September 19, 2017 to consider an ordinance authorizing the lease with Durango Chamber of Commerce, Inc.


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A Hearing to Consider an Emergency Ordinance...

AGENDA DOCUMENTATION Item 9.1.1. Meeting Date: SEPTEMBER 5, 2017


FROM:


SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING AN EMERGENCY ORDINANCE OF THE CITY OF DURANGO ESTABLISHING TEMPORARY REGULATIONS AND ENHANCED PENALTIES FOR VIOLATION OF THE PROVISIONS OF THE CITY CODE RELATED TO THE USE, PLACEMENT AND SECURITY OF TRASH CONTAINERS; AND TO REQUIRE STRICT COMPLIANCE WITH THOSE PROVISIONS TO MINIMIZE CONFLICTS WITH WILDLIFE IN THE CITY AND DECLARING AN EFFECTIVE DATE. PURPOSE/BACKGROUND During its regular Study Session on August 22, 2017, the City Council requested City staff to prepare an Emergency Ordinance to establish temporary regulations and enhanced penalties to encourage citizens to strictly comply with City Code provisions related to trash containers to minimize human/wildlife conflicts that arise out of wildlife accessing trash containers in search of a food source. A draft Emergency Ordinance is submitted to Council for consideration and review, following public input at the scheduled public hearing on the Emergency Ordinance. Under the provisions of the City Charter, an Emergency Ordinance that Council finds is required to address a public emergency affecting life, health, property or the public peace may be adopted by an affirmative vote of at least three members of Council and may become effective immediately. The provisions of the Emergency Ordinance will terminate after sixty days unless renewed by Council. The Ordinance as drafted finds that a public emergency exists and directs that any violation of the provisions of the Code related to the placement of containers out for collection (Section 10-47) be subject to a fine of $100.00 for a first violation and $200.00 for any violation thereafter. It also states that anyone violating the provisions of the Code related to the scattering of trash by wildlife (section 1048) are not entitled to a warning, but are to be cited and subject to a fine of $100.00 for a first violation and a fine of $200.00 for any violation thereafter. The Council may consider higher or lower fines as part of its discussion of the Ordinance. The provisions of the Emergency Ordinance continue the requirement that violators obtain a wildlife resistant container for their property. City Operations has distributed about 280 residential wildlife resistant containers so far this year; has 20 still available and is expecting delivery of 200 more residential containers by September 17th. City Operations has instituted a process to retrofit individual commercial dumpsters with straps to minimize wildlife intrusions. The ability of the Code Enforcement Officers to issue citations to occupants or owners of property within the City are hampered by difficulty in identifying which containers are issued to individual properties. The requirement that violators obtain a new wildlife resistant container helps to update those records. The duration of the Emergency Ordinance will allow staff to continue to evaluate and propose permanent amendments to the Code and other policies to minimize wildlife impacts on trash containers.

FISCAL IMPACT Roughly $90,000 has been spent in 2017 for residential wildlife resistant containers. This amount does not include staff time for enforcement and distribution. Permanent changes to the Code will require review through the budget process.

APPLICABILITY TO COMPREHENSIVE PLAN/GOALS This meets Council’s Goals and Objectives, 3.3 by improving City facilities to meet the needs of a growing community and addressing matters that affect life, health, property and public peace within the 40 Page 1 of 2

City.

RECOMMENDATION It is the recommendation of the City Manager and City Attorney that the City Council, by motion, adopt the attached Emergency Ordinance Establishing Temporary Regulations and Enhanced Penalties for the Violation of the Provisions of the City Code Related to the Use, Placement and Security of Trash Containers; and Require Strict Compliance with those Provisions to Minimize Conflicts with Wildlife in the City and Declaring an Effective Date.


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An Ordinance Granting La Plata Electric Association,...

ORDINANCE NO. 0-2017AN ORDINANCE GRANTING LA PLATA ELECTRIC ASSOCIATION, INC., AN EASEMENT LOCATED ON CITY OWNED PROPERTY TO ACCOMMODATE POWERLINE IMPROVEMENTS ASSOCIATED WITH THE ARROWHEAD RIDGE SUBDIVISION ON RIM DRIVE AND COLLEGE MESA AND DECLARING AN EFFECTIVE DATE.

WHEREAS, La Plata Electric Association, Inc. (LPEA) is requesting an easement, located on a small portion of the City owned property on Rim Drive to make utility improvements and to retire an existing overhead powerline to accommodate the recently approved Arrowhead Subdivision; and WHEREAS, the requested easement is approximately 20’ X 15’; and WHEREAS the granting of the requested easement would accommodate an approved use and will not interfere with the intended use of the property by the City; and WHEREAS, Article II, §11(d) of the Charter of the City of Durango, Colorado requires the adoption of an ordinance to convey or lease or authorize the conveyance or lease of any real property owned by the City; and WHEREAS, a public hearing has heretofore been held before the City Council of the City of Durango, and the Council has determined, subsequent to said public hearing, that the granting of the requested easement in favor of LPEA would be in the best interests of the citizens of the City of Durango;

NOW, THEREFORE, THE CITY OF DURANGO HEREBY ORDAINS: Section 1. Subject to the approval by the City Manager of the terms and conditions of a Grant of Easement and Agreement between the City of Durango, Colorado and La Plata Electric Association, Inc., the City Council of the City of Durango does hereby authorize and approve and the grant of an easement for an underground electrical utility easement in favor of La Plata Electric Association, Inc., said easement being more particularly described and depicted on Exhibit A hereto attached. The contents of Exhibit A are incorporated by reference herein. Section 2. This ordinance shall become effective ten (10) days after its passage and final publication as provided by law.

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CITY COUNCIL OF THE CITY OF DURANGO Attest: ________________________________ Mayor

___________________________ City Clerk STATE OF COLORADO

) ) ss. )

COUNTY OF LA PLATA

I, Amy Phillips, City Clerk of the City of Durango, La Plata County, Colorado, do hereby certify that Ordinance No. O-2017 ___ was regularly introduced and read at a regular meeting of the City Council of the City of Durango, Colorado on the 5th day of September, 2017, and was ordered published in accordance with the terms and conditions of the statutes in such cases made and provided, in the Durango Herald, a newspaper of general circulation, on the 10th day of September, 2017, prior to its final consideration by the City Council.

________________________________ City Clerk I further certify that said Ordinance No. O-2017- ___ was duly adopted by the Durango City Council on the 19th day of September, 2017, and that in accordance with instructions received from the Durango City Council, said ordinance was published by title only in the Durango Herald on the 24th day of September, 2017.

________________________________ City Clerk

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An Emergency Ordinance Establishing Temporary...

AGENDA DOCUMENTATION Item 12.1.1. Meeting Date: SEPTEMBER 5, 2017


FROM:


SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING AN EMERGENCY ORDINANCE OF THE CITY OF DURANGO ESTABLISHING TEMPORARY REGULATIONS AND ENHANCED PENALTIES FOR VIOLATION OF THE PROVISIONS OF THE CITY CODE RELATED TO THE USE, PLACEMENT AND SECURITY OF TRASH CONTAINERS; AND TO REQUIRE STRICT COMPLIANCE WITH THOSE PROVISIONS TO MINIMIZE CONFLICTS WITH WILDLIFE IN THE CITY AND DECLARING AN EFFECTIVE DATE. PURPOSE/BACKGROUND During its regular Study Session on August 22, 2017, the City Council requested City staff to prepare an Emergency Ordinance to establish temporary regulations and enhanced penalties to encourage citizens to strictly comply with City Code provisions related to trash containers to minimize human/wildlife conflicts that arise out of wildlife accessing trash containers in search of a food source. A draft Emergency Ordinance is submitted to Council for consideration and review, following public input at the scheduled public hearing on the Emergency Ordinance. Under the provisions of the City Charter, an Emergency Ordinance that Council finds is required to address a public emergency affecting life, health, property or the public peace may be adopted by an affirmative vote of at least three members of Council and may become effective immediately. The provisions of the Emergency Ordinance will terminate after sixty days unless renewed by Council. The Ordinance as drafted finds that a public emergency exists and directs that any violation of the provisions of the Code related to the placement of containers out for collection (Section 10-47) be subject to a fine of $100.00 for a first violation and $200.00 for any violation thereafter. It also states that anyone violating the provisions of the Code related to the scattering of trash by wildlife (section 1048) are not entitled to a warning, but are to be cited and subject to a fine of $100.00 for a first violation and a fine of $200.00 for any violation thereafter. The Council may consider higher or lower fines as part of its discussion of the Ordinance. The provisions of the Emergency Ordinance continue the requirement that violators obtain a wildlife resistant container for their property. City Operations has distributed about 280 residential wildlife resistant containers so far this year; has 20 still available and is expecting delivery of 200 more residential containers by September 17th. City Operations has instituted a process to retrofit individual commercial dumpsters with straps to minimize wildlife intrusions. The ability of the Code Enforcement Officers to issue citations to occupants or owners of property within the City are hampered by difficulty in identifying which containers are issued to individual properties. The requirement that violators obtain a new wildlife resistant container helps to update those records. The duration of the Emergency Ordinance will allow staff to continue to evaluate and propose permanent amendments to the Code and other policies to minimize wildlife impacts on trash containers.

FISCAL IMPACT Roughly $90,000 has been spent in 2017 for residential wildlife resistant containers. This amount does not include staff time for enforcement and distribution. Permanent changes to the Code will require review through the budget process.

APPLICABILITY TO COMPREHENSIVE PLAN/GOALS This meets Council’s Goals and Objectives, 3.3 by improving City facilities to meet the needs of a growing community and addressing matters that affect life, health, property and public peace within the 45 Page 1 of 7

City.

RECOMMENDATION It is the recommendation of the City Manager and City Attorney that the City Council, by motion, adopt the attached Emergency Ordinance Establishing Temporary Regulations and Enhanced Penalties for the Violation of the Provisions of the City Code Related to the Use, Placement and Security of Trash Containers; and Require Strict Compliance with those Provisions to Minimize Conflicts with Wildlife in the City and Declaring an Effective Date.


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EMERGENCY ORDINANCE NO. O-2017-__

AN EMERGENCY ORDINANCE OF THE CITY OF DURANGO ESTABLISHING TEMPORARY REGULATIONS AND ENHANCED PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THE CITY CODE RELATED TO THE USE, PLACEMENT AND SECURITY OF TRASH CONTAINERS; AND TO REQUIRE STRICT COMPLIANCE WITH THOSE PROVISIONS TO MINIMIZE CONFLICTS WITH WILDLIFE IN THE CITY AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the City of Durango (“City”) is a municipal home-rule corporation created and organized pursuant to Article XX of the Colorado Constitution and the Charter of the City of Durango, Colorado; and WHEREAS, by virtue of such authority, and as further authorized by state statutes, including, but not limited to, C.R.S., §31-15-401, the City has broad authority to exercise its police powers to promote and protect the health, safety and welfare of the community and its inhabitants; and WHEREAS, such police powers include the power to regulate the storage and disposal of trash and refuse within the community; and WHEREAS, the weather conditions have created a serious shortage of the natural food source for bears and other wildlife in and around the City; and WHEREAS, the lack of such a natural food source, combined with an unusually large population of bears and other wildlife, has caused extreme conditions whereby human/wildlife interactions have reached dangerous levels in the City and the health, welfare and safety of the citizens of the City is threatened; and WHEREAS, the failure of the citizens to assure that trash containers are kept safe, secured and stored in a manner to prevent access to those containers by wildlife as required by the City Code is encouraging wildlife to break into those containers in search of food, and successful efforts by wildlife to breach those containers encourages wildlife to continue to seek trash as a food source in the City; and

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WHEREAS, efforts to educate the citizens and to obtain voluntary compliance with the City Code regarding the security of trash containers to avoid conflicts with wildlife have failed; and WHEREAS, the current City Code provides for leniency for citations written for first offenses for failure to assure that trash containers are not accessible by wildlife; and WHEREAS, the City is taking steps to make additional residential wildlife resistant refuse containers available to the citizens in the City, but increased diligence will be required in the use of residential containers prior to the availability of those wildlife resistant containers; and WHEREAS, Section 14 of Article II of the Charter of the City of Durango, Colorado authorizes the adoption of emergency ordinances in response to a public emergency affecting life, health, property or public peace; and WHEREAS, the Charter further provides that ordinances adopted on an emergency basis shall have a duration of no more than 60 days, after which time, such ordinances shall stand repealed, unless re-enacted; and WHEREAS, the Council finds that wildlife conflicts will continue to exist until the autumn weather provides a natural reduction in the wildlife conflicts in the city; and WHEREAS, the current conditions are likely to escalate without an increased enforcement effort to assure the security of trash containers within the city, and those conditions constitute an emergency condition under the provisions of Section 14 of Article II of the Charter of the City of Durango and the provisions of this Ordinance described herein are thereby necessary and appropriate to address a public emergency; and

NOW, THEREFORE, THE CITY OF DURANGO HEREBY ORDAINS: Section 1.

The foregoing recitals are hereby affirmed and incorporated

herein by this reference as findings of the City Council.

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Section 2. A. Section 10-47(g) of the City Code is temporarily amended to read as follows: 10-47 (g).

Failure to comply with the regulations of this section 10-47

pertaining to the time and manner of placement and storage of trash containers is found to be a significant cause of human/wildlife conflicts within the City of Durango, and must be strictly enforced to minimize those dangerous conflicts. As such, any owner or occupant of any premises who violates the provisions of section 10-47 shall be issued a citation and shall be subject to the following fine schedule: (1) The first violation of this section shall result in the imposition of a fine of one hundred dollars ($100.00); (2) A second or other subsequent violation of this section shall result in the imposition of a fine of two hundred dollars ($200.00) per violation. B. The first paragraph of Section 10-48(a)(1) of the City Code is temporarily amended to read as follows: 10-48(a)(1). First violation. Failure to comply with the regulations of this section 10-48 regarding citizens to keep their premises free of trash and rubbish is found to be a significant cause of human/wildlife conflicts within the City of Durango, and must be strictly enforced to minimize those dangerous conflicts. Any owner of occupant of any premises who violates the provisions of this section 10-48 shall be issued a citation and shall be subject to the imposition of a fine of one hundred dollars ($100.00). In addition, the property owner shall be required to comply with the requirements of 10-48(a)(1)(a). C. Section 10-48(a)(2) of the City Code is temporarily amended to read as follows: 10-48(a)(2). Subsequent violations. A second or other subsequent violation of this section shall result in the imposition of a fine of two hundred dollars ($200.00) per violation.

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Section 3.

The City Council finds and determines that absent the

imposition of this ordinance, the existing regulations and penalties governing trash containers are inadequate to address potential impacts from wildlife that could have a significantly detrimental impact on the health, safety and welfare of the community. The Council further finds that the provisions provided for herein are thereby necessary and appropriate to address a public emergency. Section 4.

The City Staff is directed to review additional options to

address the issues of human/wildlife conflicts within the city as part of the city budget process and provide a report to Council and make recommendations for possible revisions to the City Code to minimize those conflicts and avoid significant impacts on the life, health, property or public peace of the citizens of the City. Section 5.

The provisions of this ordinance are temporary in nature and

may be repealed by subsequent legislative enactment. The provisions of this ordinance shall automatically terminate at midnight on October 25, 2017, unless sooner repealed or otherwise extended. Section 6.

If any portion of this ordinance is held to be invalid for any

reason, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part hereof, irrespective of the fact that any one part be declared invalid. Section 7.

All other ordinances or portions thereof inconsistent or

conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 8.

This ordinance shall become effective immediately.

INTRODUCED, READ, PASSED AND ADOPTED AS AN EMERGENCY ORDINANCE BY VOTE OF NOT LESS THAN THREE MEMBERS OF THE CITY COUNCIL AND ORDERED PUBLISHED THIS 5th day of SEPTEMBER, 2017. CITY COUNCIL OF THE CITY OF DURANGO Attest: ________________________________ 4

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___________________________ City Clerk

Mayor

STATE OF COLORADO

) ) ss. )

COUNTY OF LA PLATA

I, Amy Phillips, City Clerk of the City of Durango, La Plata County, Colorado, do hereby certify that Emergency Ordinance No. O-2017-__ was introduced and read at a regular meeting of the City Council of the City of Durango, Colorado on the 5TH day of September, 2017, was adopted on said date as an emergency ordinance pursuant to the authority of §14 of Article II of the Charter of the City of Durango, Colorado, and was ordered published, in full, in accordance with the terms and conditions of the statutes in such cases made and provided, in the Durango Herald, a newspaper of general circulation, on the ____ day of September, 2017, by order of the City Council. ________________________________ City Clerk

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Discussion and Possible Action Concerning a Motion to...

AGENDA DOCUMENTATION Item 12.1.2. Meeting Date: September 5, 2017


SUBJECT:

FROM:

RONALD P. LEBLANC CITY MANAGER

DISCUSSION AND POSSIBLE ACTION CONCERNING A MOTION TO CONVENE IN EXECUTIVE SESSION TO DISCUSS MATTERS RELATING TO POTENTIAL PURCHASE, ACQUISITION, LEASE, TRANSFER, OR SALE OF REAL PROPERTY WITHIN THE CITY OF DURANGO AS PERMITTED IN C.R.S. §24-6-402 (4)(A)

PURPOSE/BACKGROUND There is a need for the City Council to meet in Executive Session to discuss matters relating to Potential Purchase, Acquisition, Lease, Transfer, or Sale of Real Property within the City of Durango as Permitted in C.R.S. §24-6-402 (4)(a) as long as the public body takes no formal action during the course of the session.

State Law requires that two thirds of the quorum present must vote in the affirmative in order to convene in Executive Session.

FISCAL IMPACT N/A

APPLICABILITY TO COMPREHENSIVE PLAN/GOALS N/A

RECOMMENDATION It is the recommendation of the City Manager that the City Council, by motion, convene in Executive Session to discuss matters relating to Potential Purchase, Acquisition, Lease, Transfer, or Sale of Real Property within the City of Durango as Permitted in C.R.S. §24-6-402 (4)(a)


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Discussion and Possible Action Concerning a Motion to...

AGENDA DOCUMENTATION Item 12.1.3. Meeting Date: September 5, 2017


SUBJECT:

FROM:

RONALD P. LEBLANC CITY MANAGER

DISCUSSION AND POSSIBLE ACTION CONCERNING A MOTION TO CONVENE IN EXECUTIVE SESSION TO DISCUSS MATTERS RELATING TO POTENTIAL PURCHASE, ACQUISITION, LEASE, TRANSFER, OR SALE OF REAL PROPERTY WITHIN THE CITY OF DURANGO AS PERMITTED IN C.R.S. §24-6-402 (4)(A)

PURPOSE/BACKGROUND There is a need for the City Council to meet in Executive Session to discuss matters relating to Potential Purchase, Acquisition, Lease, Transfer, or Sale of Real Property within the City of Durango as Permitted in C.R.S. §24-6-402 (4)(a) as long as the public body takes no formal action during the course of the session.

State Law requires that two thirds of the quorum present must vote in the affirmative in order to convene in Executive Session.

FISCAL IMPACT N/A

APPLICABILITY TO COMPREHENSIVE PLAN/GOALS N/A

RECOMMENDATION It is the recommendation of the City Manager that the City Council, by motion, convene in Executive Session to discuss matters relating to Potential Purchase, Acquisition, Lease, Transfer, or Sale of Real Property within the City of Durango as Permitted in C.R.S. §24-6-402 (4)(a)


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