City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, DECEMBER 10, 2013 1. The meeting was called to order at 7:30 p.m., and was opened with the Pledge of Allegiance. Councilmembers present were Mayor Dan Porter, Bob Archibeque, Tom Butler, Ty Keel, Shawna McLaughlin, and Karen Sheek. Mayor Pro-tem Matt Keefauver was absent. Staff members present were Chief of Police Roy Lane, Finance Director Kathi Moss, Director of General Services Rick Smith, Patrol Officer Brent Powell, Detective Secretary Christy Coleman, Communications Technician Tamira Osborn, Welcome Center Manager Tiffany Alexander, Recreation Supervisor Joye McHenry, Director of Parks and Recreation Dean Palmquist, Director of Planning and Building Kirsten Sackett, City Clerk Linda Smith, City Manager Shane Hale, and City Attorney Mike Green. There were eight people present in the audience. 2. The Consent Agenda items acted upon by Council were as follows: a. Approval of the Worksession and Regular Meeting Minutes of November 26, 2013. b. Approval of the payment of the Expenditure Vouchers of December 10, 2013. c. Approval of a renewal Hotel and Restaurant Liquor License Rose Mary Mercure, DBA Antonios, 104 East Main Street, Cortez. d. Approval of a renewal Beer and Wine Liquor License for Hong Kong Chinese Restaurant Inc., DBA Hong Kong Chinese Restaurant, 332 West Main Street, Cortez. Councilmember Keel moved that Council approve the Consent Agenda as presented, with the additional expenditure vouchers totaling $28,390.13. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes Yes Yes 3. PRESENTATIONS a. City Employee Anniversary Awards. Mayor Porter thanked the following employees for their service to the City: 35 Years (1978) Brent Powell, Eddie Vialpando; 25 Years (1988) Christy Coleman, Rick Smith, and Marty Stevens; 15 Years (1998) Tamira Osborn, Jeff Wagner; 10 Years (2003) Jason Higgins, Marilyn Hall; and 5 Years (2008) Tiffany Alexander, Joye McHenry, Manny Neves, and Jerry Sam. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS CITY COUNCIL REGULAR MEETING DECEMBER 10, 2013 PAGE 2 a. Ordinance No. 1183, Series 2013. Director Finance Moss stated that Ordinance No. 1183, Series 2013, appropriates supplemental funds, rectifies budgeted excesses, and makes budget revisions for the 2013 Fiscal Budget. She stated that a change was made to the ordinance after first reading as the City received two pass-through grants which reverted back to October. She stated that an increase was made to the Grants Fund bringing the new total amount to $176,857. She stated that the 2013 Revised Budget would be increased $379,207 and is mostly attributed to the changes that were made to salaries due to the wage study that was completed this year. Mayor Porter opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Archibeque moved that Ordinance No. 1183, Series 2013, be approved on second and final reading, appropriating supplemental funds, rectifying budgeted excesses, and making budget revisions for the 2013 Fiscal Budget. Councilmember Keel seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes Yes Yes b. Ordinance No. 1184, Series 2013. Director of Finance Moss stated Ordinance No. 1184, Series 2013, approves the 2014 Budget and sets the mill levy for 2014. She stated that the budget process began in September and was reviewed by Council during their worksessions in October and November. She explained the process for establishing the mill levy for the City of Cortez and stated that the mill levy is set on the assessed valuation of all taxable property within the corporate limits of Cortez. She stated that the mill levy would be set at 1.23 mills for 2014. She stated that the total budget for all funds City-wide is $26,650,786 and noted that the budget is available on the City’s web site if anyone would like to review it in full. City Manager Hale stated that a Budget in Brief would be prepared for the citizens in January and would outline what was completed by the City in 2013 and what is anticipated to be completed in 2014. He noted that the document would also be available on the web site when it is completed. Mayor Porter opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Keel moved that Council approve Ordinance No. 1184, Series 2013, on final reading, appropriating 2014 expenditures and setting the mill levy for 2014. Councilmember Butler seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes Yes Yes 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Resolution No. WE-2013-1, Series 2013. City Manager Hale stated the City of Cortez Water Enterprise charges fees to operate the City’s water treatment plant and distribution system and periodically the Public Works Department reviews each fund to be sure they are fiscally able to maintain their services. He stated that currently the fund is able to maintain its operating costs; however, rate adjustments need to be made to keep up with the rising costs of infrastructure repairs, CITY COUNCIL REGULAR MEETING DECEMBER 10, 2013 PAGE 3 treatment chemicals, and capital expenditures. He reviewed the proposed changes and stated that staff recommends approval of Resolution No. WE-2013-1, Series 2013. In answer to a question from Councilmember Keel, City Manager Hale stated that fee increases are decided by reviewing what expenses will be incurred for the next year and slight adjustments need to be made in order to provide for future needs. He stated that the Capital expenditures are also reviewed for future projects and included in the increased percentage. Councilmember Archibeque moved that Council approve Resolution No. WE-2013-1, Series 2013. Councilmember Keel seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes Yes Yes b. Resolution No. WE-2013-2, Series 2013. Director of Finance Moss stated that on January 26, 2010, Council passed an ordinance establishing the City of Cortez Water Enterprise. She stated that Section 6 of the ordinance requires the City Council, as the board of the City of Cortez Water Enterprise, to adopt an annual budget separate from the City’s general fund budget. She stated that Ordinance No. 1184, Series 2013, adopts a budget for the Water Fund in the amount of $2,194,591 and Ordinance No. 1183, Series 2013, adopts the revised budget for the City of Cortez Water Enterprise in the amount of $2,543,348. She stated that, through the approval of Resolution No. WE-2013-2, Series 2013, City Council is fulfilling their obligation as a board of the City of Cortez Water Enterprise. Councilmember Archibeque moved that Council approve WE-2013-2, Series 2013, approving the annual budget and revised budget for the City of Cortez Water Enterprise acting as the governing body of the City of Cortez Water Enterprise. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes Yes Yes c. Resolution No. HE-2013-1, Series 2013. Director of Finance Moss stated that on August 11, 2009, Council adopted an ordinance establishing the City of Cortez Hydro-Electric Power Enterprise and Council is required, as the board of the Hydro-Electric Power Enterprise, to adopt an annual budget separate from the City’s general budget. She stated that Ordinance No. 1184, Series 2013, adopts a budget for the Hydro-Electric Plant in the amount of $131,405 and Ordinance No. 1183, Series 2013, adopts the revised budget for the Hydro-Electric Plant in the amount of $131,405. She stated that, through the adoption of Resolution No. HE-2013-1, the City Council is fulfilling their obligation as a board of the Cortez Hydro-Electric Power Enterprise. Councilmember Keel moved that Council approve Resolution No. HE-2013-1, Series 2013, approving the annual budget and revised budget for the Hydro-Electric Power Enterprise acting as the governing body of the Hydro-Electric Power Enterprise. Councilmember Archibeque seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING DECEMBER 10, 2013 PAGE 4 Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes Yes Yes d. Pay Invoices through 2013. Director of Finance Moss stated that historically Council has given the Finance Department approval to pay invoices received through December 31 of each year since Council will not be meeting again in December. She stated that a listing of the invoices is then submitted to Council at their first meeting in January 2014. She stated that by paying invoices throughout the month of December, the vendors are paid on time and the City doesn’t incur any late fees. Councilmember Sheek moved that Council approve the payment of invoices through December 31, 2013, with a listing of these expenditures to be furnished to Council at their first meeting in January 2014. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes Yes Yes e. Resolution No. 34, Series 2013. City Manager Hale stated that Resolution No. 34, Series 2013, sets the fees and charges for Public Works services and materials provided by the City. He stated that the fees charged for mapping services and other functions in the Public Works Department are reviewed each year so the expenses incurred by the City support the activity without having to be subsidized by citizens or other departments. He stated that changes to the Public Works fees include an increase in a Blasting Permit and Right-of-Way Construction Permit and the addition of a new Stormwater Quality Permit. Councilmember Archibeque moved that Council approve Resolution No. 34, Series 2013, setting fees and charges for Public Works services and materials, to be effective January 1, 2014. Councilmember Sheek seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes Yes Yes f. Resolution No. 35, Series 2013. City Manager Hale stated that Resolution No. 35, Series 2013, establishes refuse collection rates and noted that fee changes would include a Commercial dumpster rate being raised from $28.25 to $32.25 for a once-a-week pick-up for a 1-1/2 or 2-yard dumpster. He stated that a 3-yard dumpster will be raised from $41.25 for a once-a-week pick-up to $47.00 and residential rates will be increased from $15.75 to $18.00 for a once-a-week pick-up. He stated that the fee changes are due to rate increases at the County landfill, fuel costs, equipment costs, wage increases, and volatility in the recycling market. In answer to a question from Councilmember Keel, City Manager Hale stated that most citizens have the 95 gallon poly cart and their increase will be $2.25 a month. Councilmember Butler moved that Resolution No. 35, Series 2013, establishing refuse collection rates for the City of Cortez, to be effective January 1, 2014. Councilmember Archibeque seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING DECEMBER 10, 2013 PAGE 5 Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes Yes Yes g. Resolution No. 36, Series 2013. Director of Planning and Building Sackett stated that the Planning and Building Department has reviewed the fees that are charged for building inspections, planning and zoning activities, and other functions of the department. She stated that there are no increases proposed to the Planning Division and the cash-in-lieu fee has already been approved by Council to remain at the same amount utilized in 2013, at $12,000 per-acre value, equating to a $600 per-acre cash-in-lieu fee. She stated that for the Building Division, staff is proposing to institute a flat fee for foundation permits in the amount of $40, in addition to a proposal that all manufactured home permit fees be based on half the valuation of the IBC Valuation Table, which is utilized for stick-build homes. And finally, staff is proposing a flat rate for the manufactured home “Use Tax Fee” for manufactured homes being installed on private lots at an amount of $225.75. Director of Planning and Building Sackett reviewed how the use tax fee was calculated and stated that staff recommends approval of Resolution No. 36, Series 2013. Councilmember Keel moved that Council approve Resolution No. 36, Series 2013, setting fees and charges for Planning and Building Department services and materials, which includes the August 2012 Square Foot Construction Cost table identified in the Building Safety Journal published by the International Code Council, to be effective January 1, 2014. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes Yes Yes h. Resolution No. 38, Series 2013. Director of Parks and Recreation Palmquist stated that Resolution No. 38, Series 2013, adopts the 2014 fee schedule for Parks and Recreation. He stated that in keeping with the philosophy established by Council that certain facilities, services, and programs should be either self-sufficient or a percentage of self-sufficient, staff and the Parks, Recreation, and Forestry Advisory Board are recommending changes in a few Parks and Recreation fees. He stated that the Cortez Recreation Center facility fees have fallen behind the average rate of what other Western Slope communities charge for use of their facilities and staff is recommending that the daily admission fees be raised .50 cents and the twenty punch card passes be raised $10. He stated that the Recreation Center has been open since 2004 with only one fee increase for daily admissions. Mayor Porter asked if the increase takes into consideration the wage increases for employees and the fee increase for the Sanitation District. Director of Parks and Recreation Palmquist stated that the fee increase was recommended prior to knowing what would be charged by the Sanitation District. He stated that currently the Recreation Center is at approximately 60% cost recovery rate. He stated that the Conquistador Golf Course is undergoing some major improvements throughout the golf course and therefore staff is recommending raising the golf course green fees by $2.00 per nine holes and $4.00 per 18 holes with 25% of the increase going towards concrete cart pathway improvements. He stated that also being recommended is raising the new 5-round pass with the 6th round free to $90 for nine holes and $135 for 18 holes of golf. He stated that the private cart registration would be raised by $25 and special tournament fees will be raised by $2.00 for 18 holes and $1.00 for 9 holes. He stated that the Cortez Municipal Outdoor Pool daily admission fees will be raised by .50 cents for the adults and seniors/veterans CITY COUNCIL REGULAR MEETING DECEMBER 10, 2013 PAGE 6 and youth daily admission rates will remain the same as 2013. He stated that existing recreation program fees will remain the same as 2013 except for an increase for the youth basketball program from $22 to $25 per player, Playground Days Program daily fee will increase from $17 to $18 per child, and the adult basketball program will increase from $225 to $250 per team. He stated that the non-City youth/adult practices usage rate of the park facilities would increase from $5 per hour to $8 per hour. In answer to a question from Councilmember Keel, Director of Parks and Recreation Palmquist stated that the insurance costs for seasonal employees have caused some of the fee increases for the golf course as well as continued work on the cart paths, sand bunkers, and tee box renovations. Councilmember Archibeque asked if the number of annual passes at the recreation center was growing and Director of Parks and Recreation Palmquist stated that the annual membership is staying steady; however, more work will need to be done in 2014 to encourage more corporate memberships. Discussion was held about the use of the Recreation Center and Director of Parks and Recreation Palmquist commented that he feels the workout room upstairs is used the most by the patrons of the Recreation Center. Councilmember Sheek moved that Council approve Resolution No. 38, Series 103, adopting by reference the 2014 fee schedule for Parks and Recreation. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes Yes Yes 7i. Resolution No. 39, Series 2013. Chief of Police Lane stated that Resolution No. 39, Series 2013, establishes fee changes for services and reproduction of information for the City of Cortez Police Department. He stated that the fees for the Police Department have not changed since 2006 and several of the items are outdated and no longer provided. He stated that the four fees being increased are the Communications Center Recordings, CD’s of photographs, DVD’s of video, and DVD’s of audio. Councilmember Archibeque moved that Council approve Resolution No. 39, Series 2013, allowing the Cortez Police Department to adjust fees to cover costs. Councilmember Butler seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes Yes Yes 7j. Ordinance No. 1185, Series 2014. Director of Planning and Building Sackett stated that Ordinance No. 1185, Series 2014, would approve the vacation a potion of of the north-south Erin Street right-of-way within Block 4 of the Henry Subdivision. She stated that the property is located on the eastern boundary of the Safeway property, and is depicted as connecting Montezuma Avenue to Main Street. She stated the proposal is to vacate only a portion of Erin Street totaling 0.1 acres in size. She stated that Safeway owns the property on both sides of the right-of-way and, if the vacation is approved, the vacated property would be included as part of a proposed replat of the adjacent property. She stated that at present, there are utilities located under the right-of-way, including storm water pipes, and the application includes a proposal to relocate those utilities in an easement that will be deeded to the City, just to the west of the existing right-of-way. She stated CITY COUNCIL REGULAR MEETING DECEMBER 10, 2013 PAGE 7 that in conjunction with the vacation, the City has also received an application to replat two parcels of property owned by Safeway Stores that, if approved, would incorporate the vacated property into the replat. She stated that the two applications are being presented simultaneously; however, a vacation must go through the public hearing process and be approved through an ordinance. She stated that Land Use Code Section 6.09 outlines the procedures for a replat and she noted that the request meets the requirements in regard to the relocation or vacation of one or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the plat amendment. She reviewed the comments from the utility suppliers and affected special districts and stated that staff recommends approval of Ordinance No. 1185, Series 2013, on first reading. In answer to a question from Councilmember Keel, Director of Planning and Building Sackett stated that the current Aaron’s Store, which is proposing the replat, is currently leasing the building that they are located in and would like to construct and own their own building. Councilmember Keel moved that Council approve on first reading Ordinance No. 1185, Series 2014, vacating 0.1 acres of the Erin Street right-of-way, located adjacent to the Safeway property, and set a public hearing for January 14, 2014. Councilmember Sheek seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes Yes Yes 7k. Ordinance No. 1186, Series 2014. Director of Planning and Building Sackett stated that Ordinance No. 1186, Series 2014, amends Land Use Code Appendix C – Flood Hazard Ordinance. She stated that the City received notification from the Colorado Water Conservation Board (CWCB) that the City’s floodplain ordinance was last updated in 2008 and needed to be brought into compliance with current State regulations. She stated that in order for the City to participate in the National Flood Insurance Program and maintain eligible status, the new CWCB rules and regulations must be adopted and enforced to meet the minimum National Flood Insurance Program standards as well as the more restrictive State requirements. She stated that the current Flood Insurance Rate Maps will remain the same; however, Appendix C of the Land Use Code is being repealed and replaced in its entirety due to the multitude of minor changes and will be included in the Land Use Code as a new Chapter 7. City Attorney Green stated that the Flood Hazard Ordinance is required for residents to be considered for a home mortgage. Councilmember McLaughlin moved that Council approve on first reading Ordinance No. 1186, Series 2014, repealing Appendix C of the Land Use Code as adopted through Ordinance No. 1119, Series 2008, and replacing it with the revised Appendix C, Flood Damage Prevention Ordinance, and set for public hearing on January 14, 2014. Councilmember Keel seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes absent Yes Yes Yes Yes 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. CITY COUNCIL REGULAR MEETING DECEMBER 10, 2013 PAGE 8 10. ADDITIONAL CITIZEN PARTICIPATION – None. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT a. LiveWell Colorado HEAL City. City Manager Hale stated that the City of Cortez shared the plaque that the City received announcing the City of Cortez as a LiveWell Colorado HEAL City. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Porter stated that during the worksession Michael Bell from RMBA presented information on possible locations and layouts for a new City Hall. Mayor Porter noted that Mayor Pro-tem Matt Keefauver is recovering from surgery and everyone sends get well wishes. Council wished everyone a Merry Christmas. The meeting was adjourned at 8:35 p.m. ________________________________ Dan L. Porter, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk