City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 11, 2014 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, Mayor Pro-tem Matt Keefauver, Shawna McLaughlin, and Karen Sheek. Staff members present were Chief of Police Roy Lane, Grants Administrator Chris Burkett, Director of General Services Rick Smith, Director of Planning and Building Kirsten Sackett, Director of Parks and Recreation Dean Palmquist, City Manager Shane Hale, and City Attorney Mike Green. There were four 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 January 28, 2014. b. Approval of the payment of the February 11, 2014. Councilmember Keel moved that Council approve the Consent Agenda as presented with the additional expenditure vouchers totaling $50,194.04. Mayor Pro-tem Keefauver seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes Yes Yes Yes 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION a. Hope for America – Our Nations Future. Gregg Beecher invited Council to attend a presentation by William “Hope” Taylor entitled “Hope for America – Our Nations Future” which will be held on March 14, 2014, at 6:30 p.m., at the Recreation Center Mesa/Canyon Room. He stated that community members are invited to give a briefing on local concerns, and a prayer and strategizing session will be held after the briefings on how citizens can make a difference at the grassroots level. 5. PUBLIC HEARINGS a. Resolution No. 5, Series 2014. Director of Planning and Building Sackett stated that Resolution No. 5, Series 2014, approves the site development plan for the construction of an Aaron’s Retail Store on vacant property adjacent to the Safeway Store located at 1580 East Main Street in the Commercial Highway District. She stated that agent CBERT Cortez LLC, acting for property owners Safeway Stores 46, Inc., has submitted the application that has been through several processes prior to the site development plan submittal. She stated that a replat of the property, which includes vacation a portion of the Erin Street right-of-way to the west of the property, was CITY COUNCIL REGULAR MEETING FEBRUARY 11, 2014 PAGE 2 recently approved by Council and the Aaron’s store would be located on the new .99-acre Lot 7A of the Henry Subdivision. She stated that the proposal is to construct an Aaron’s retail store approximately 9,400 square feet in size on the western side of Lot 7A and the front of the building would face west towards the Safeway parking lot. She stated that 13 additional parking spaces will be added at the front of the store. She stated that Planning and Zoning recommended approval of the site development plan at their January 7, 2014, meeting and also granted approval of a Special Exception to the parking requirement, allowing 270 shared parking spaces to be utilized by both Safeway and Aaron’s. She stated that originally the applicant had proposed to relocate the water line and storm drain pipes currently located in the Erin Street right-of-way into an easement that would be located directly to the west of the Aaron’s building; however, due to the expense of moving the utility lines, representatives from Aaron’s are working with staff to find the best option for meeting the utility setback requirements. Director of Planning and Building Sackett reviewed comments received from the various City departments and affected agencies and utility providers and noted that the applicants are working with Cliffrose on the landscaping design. She noted the applicants began the process on the landscaping plan after the approval was recommended by the Planning and Zoning Commission. She stated that staff recommends approval of the site development plan for the construction of an Aaron’s Retail Store through Resolution No. 5, Series 2014, with eight conditions. Discussion was held about the internal driveway to the Aaron’s Store and Ryan Waddell, representing Safeway Stores and Aaron’s, commented that the driveway will be 24 feet wide which will be plenty of room for delivery trucks to access the store. Mayor Porter opened the public hearing for comment; however, no one spoke and the hearing was closed. Mayor Pro-tem Keefauver stated for the record that he is part-owner of Cliffrose and recused himself from the vote. Councilmember Archibeque moved that Council approve Resolution No. 5, Series 2014, approving a site development plan to construct an Aaron’s Retail Store on vacant property adjacent to the Safeway Store located at 1580 East Main Street, as submitted by agent CBERT Cortez LLC, acting for property owners Safeway Stores 56, Inc. Councilmember Keel seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes * Yes Yes Yes Yes *Mayor Pro-tem Keefauver recused himself from the vote due to a conflict-of-interest. 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Out-of-City Water Tap for Property Located at 11633 Highway 145. Director of Planning and Building Sackett stated that Jack and Doris Kimmel have applied to the City for an out-of-City water tap for property located at 11633 Highway 145. She stated that the City allows for owners of property located outside the City limits to purchase a City water tap when they are near an existing City main waterline. She stated that the property is located south of Road M next to the San Juan Gems property. She stated that the owners are currently hauling water to a cistern as Montezuma Water Company is not able to service their property as they have no waterlines in the area. She CITY COUNCIL REGULAR MEETING FEBRUARY 11, 2014 PAGE 3 stated that the Kimmels have submitted a letter of application, a signed contract for the out-of-City water services, and a completed Pre-annexation Agreement as required for consideration of water service from the City. She stated that several of the properties along Highway 145 have out-of-City water taps and staff has said there is a 16” transmission line running on the west side of Highway 145 with easy accessibility for the Kimmels to tap onto the City system. She stated that the only comment from staff was that a backflow prevention device would be required on the tap as is required on all City taps. She stated that staff recommends approval of the request as other out-of- City water taps have been approved along Highway 145. Councilmember Keel moved that Council approve the application for a 3/4-inch out-of-City water tap request and the Pre-annexation Agreement for the property located at 11663 Highway 145, as submitted by Jack and Doris Kimmel, with the stipulation that the applicants install an approved backflow prevention device. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes Yes Yes Yes b. Historic Property Survey Part 3 Contract. Grants Administrator Burkett stated that the City has received notice that a Phase 3 grant in the amount of $17,657, has been received from the Colorado Historical Society. He stated that Phase 3 will complete the inventory of historic properties on Montezuma Avenue and he asked that approval also be granted for Jill Seyfarth of Cultural Resources Planning to continue the inventory work as she has completed Phase 1 and 2 for the City and has done a great job. He stated that Ms. Seyfarth has experience specifically on property inventories and has worked with Cortez residents and is well known by the Colorado State Historic Preservation Office for completing property survey work. He stated that staff recommends that Council approve the contract for completing Phase 3 of the historic property inventory of Montezuma Avenue with the Colorado Historic Society and to amend the professional services contract with Cultural Resources Planning to continue the project as described in Phase 3. Mayor Pro-tem Keefauver moved that Council approve a contract for an historic property survey of Montezuma Avenue Survey Part 3 with the Colorado State Historic Society and the Mayor be authorized signatory and that staff amend the current professional services contract with Cultural Resources Planning to include Phase 3 of the project, which will be contingent upon receiving a signed copy of the State Contract. Councilmember Keel seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes Yes Yes Yes c. Mesa Verde Museum Association Welcome Center Lease. City Manager Hale stated that Laurel Rematore, Executive Director for the Mesa Verde Museum Association, met with Council at the last Council worksession and asked if their annual lease with the City could be reduced $1,000 due to the low sales that have occurred at the Welcome Center due to opening of the new Mesa Verde Visitor’s Center. He stated that staff is recommending approval of the new lease, which would be in effect for two years, as the book store is a nice addition to the Welcome Center and remains a CITY COUNCIL REGULAR MEETING FEBRUARY 11, 2014 PAGE 4 great resource in the community. He stated that the fee from the Mesa Verde Museum Association would be charged at a flat rate of $359.33 per month and would become effective March 1, 2014. Mayor Pro-tem Keefauver moved that Council approve Resolution No. 6, Series 2014, approving a lease of real property between the City of Cortez and the Mesa Verde Museum Association. Councilmember Butler seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes Yes Yes Yes d. Re-Appointment of Parks, Recreation, and Forestry Advisory Board Member. Director of Parks and Recreation Palmquist stated that Dan Wood’s term on the Parks, Recreation, and Forestry Advisory Board has expired and Mr. Wood has submitted a letter to Council asking to be re-appointed for another term. He stated that Mr. Wood is a Montezuma County resident and currently serves as the Chairperson for the board. He stated that staff recommends approval of the re-appointment of Dan Wood on the Parks, Recreation, and Forestry Advisory Board. Councilmember McLaughlin moved that Council re-appoint Dan Wood to the Parks, Recreation, and Forestry Advisory Board for another two-year term. Councilmember Sheek seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes Yes Yes Yes e. Bid for 2014 Fairway Mower. Director of General Services Smith stated that the 2014 Equipment Fund provides funding for the purchase of a new fairway mower to be utilized at the golf course. He stated that three bids were received and all were out-of-town vendors. He stated that one bid was disqualified because they proposed a used mower. He stated that the low bidder was Potestio Bros., for a John Deere model, at a bid amount of $47,506.75. In answer to a question from Councilmember Keel, Director of General Services Smith stated that the oldest unit at the golf course is approximately eight years old and will be auctioned off in the Fall. He stated that the fairway mower would only be used at the golf course. Councilmember Sheek moved that Council award the 2014 Fairway Mower to the low bidder – Potestio Bros. at the bid amount of $47,506.75. Councilmember Keel seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes Yes Yes Yes f. Bid for 2014 Golf Course Greens Roller. Director of General Services Smith stated that the 2014 Equipment Fund provides funding for the purchase of a new Golf Course Greens Roller. He stated that the new unit would provide an enhanced play surface on the golf course greens and would be a new unit in the golf course fleet. He stated that four bids were received and C & M Golf and Grounds was the only responsible bidder for a Smithco model at the bid amount of $15,781.50. In answer to a question from Councilmember Keel, Director of General Services Smith stated that the warrantee period is stipulated by the manufacturer. He stated that due to research that had been CITY COUNCIL REGULAR MEETING FEBRUARY 11, 2014 PAGE 5 done by the golf course staff and Golf Advisory Board, the bid was specific on the type of equipment that was requested. Councilmember Archibeque moved that Council award the 2014 Golf Course Greens Roller to C & M Golf and Grounds at the bid amount of $15,781.50. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes Yes Yes Yes g. Intergovernmental Agreement with Montezuma County Clerk and Recorder for Municipal Election. City Clerk Smith stated that the City Clerk’s office is working with the Montezuma County Clerk to complete the process for the Municipal Election to be held on Tuesday, April 1, 2014. She stated that the Intergovernmental Agreement outlines the responsibilities of each of the entities in preparation for the election. She noted that the City has worked many years with the County Clerk on the election and the process seems to run pretty smoothly. Councilmember Sheek moved that Council approve the Intergovernmental Agreement with the Montezuma County Clerk and Recorder to coordinate with the City of Cortez for the Municipal Election to be held on April 1, 2014. Councilmember Keel seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes Yes Yes Yes h. Sligo and East First Street Encroachment Permit. City Attorney Green stated that a Revocable License Encroachment Permit was being created due to an issue that recently arose with the construction of a dental clinic that is to be located at the intersection of Sligo and East First Street. He stated that the contractor placed a retaining wall within the City right-of-way on East First Street. He stated that at this time the City does not have use for the full width of the right-of-way and has agreed at the staff level that an Encroachment Permit will solve the problem of the encroaching retaining wall; however, if in the future the City requested the full width of the of the right-of-way, the owner of the property would be required to remove the wall at his own expense and place it on his own property within 60 days of receipt of notice from the City to vacate the right -of-way. In answer to a question from Councilmember Keel, City Manager Hale stated that the City may request the retaining wall be removed if there is a need for the right-of-way for future streets. Councilmember Keel moved that Council approve a Revocable License Encroachment Permit for Sligo and East First Street to Top Performance Management LLC. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes Yes Yes Yes CITY COUNCIL REGULAR MEETING FEBRUARY 11, 2014 PAGE 6 i. Independent Contractor Agreement for GIS Position. City Manager Hale stated that the City’s GIS Coordinator resigned last year due to personal reasons and since that time the Public Works Department has requested the addition of an assistant engineer in their department. He stated that some of the duties that the past GIS Coordinator completed would be handled by the assistant engineer; thereby, reducing the GIS person’s workload. He stated that staff is suggesting that the City contract for a GIS Coordinator which would save the taxpayer’s money when compared to a full time benefited position. He stated that the City advertised for a contract person that would work an estimated 10-15 hours per week. He stated that the City received three proposals for the position and after review of the proposals it is being recommended that Doug Roth be offered the position. City Manager Hale stated that Mr. Roth worked for the City in the past in the GIS Coordinator position; however, he now works for Montezuma County and was able to adjust his work schedule to be able to handle the 10 or so hours a week for the City. He stated that Mr. Roth will be efficient with his time and be able to reduce duplicity by doing the GIS services for both entities and the County has stated that they are fine with Mr. Roth amending his County schedule to accommodate this opportunity. City Manager Hale stated that Mr. Roth will be working for the City on Tuesday and Thursday from 12:30 p.m. to 5:30 p.m. Councilmember Butler moved that Council approve the Independent Contractor Agreement with Doug Roth to provide GIS services for the City of Cortez. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keefauver Keel McLaughlin Porter Sheek Yes Yes Yes Yes Yes Yes Yes 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. 10. ADDITIONAL CITIZEN PARTICIPATION – None. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT – None. a. Thank You Fire Departments. City Manager Hale thanked the local fire departments for all their work on the fire that began downtown early morning on Sunday, February 9, 2014. He stated that over 50 men and women fought the fire and the City is thankful for their hard work as the fire could have caused a lot of destruction. Councilmember Keel commented that we live in a wonderful community where all the fire departments can come together if they are needed. b. Water Supply for Town of Mancos. City Manager Hale noted that the City has extended an offer to the citizens of the Town of Mancos to take a shower at the recreation center for a reduced fee during their loss of their water system. 13. CITY COUNCIL COMMITTEE REPORTS CITY COUNCIL REGULAR MEETING FEBRUARY 11, 2014 PAGE 7 a. Mayor’s Report on Workshop. Mayor Porter stated that during the worksession Council was introduced to Mark Drudge, the new Cortez Retail Enhancement Association (CREA) Director. Also, discussion was held on the launch of the new MindMixer website for Heart and Soul. The meeting was adjourned at 8:20 p.m. ________________________________ Dan L. Porter, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk