City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, MARCH 25, 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, Account Clerk/Accounting Clerk Sara Coffey, Director of Public Works Phil Johnson, Director of Parks and Recreation Dean Palmquist, City Manager Shane Hale, City Clerk Linda Smith, and City Attorney Mike Green. There were 15 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 March 11, 2014. b. Approval of the payment of the Expenditure Vouchers of March 25, 2014. Councilmember Keel moved that Council approve the Consent Agenda as presented with the additional expenditure vouchers totaling $20,827.18. 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 a. National Service Recognition Day Proclamation. Tiffany Small stated that AmeriCorps, Senior Corps, and other national service programs have become a big part of our community and the proclamation recognizes their commitment. Mayor Porter read the proclamation proclaiming April 1, 2014 as National Service Recognition Day. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS a. New Arts Liquor License for The Community Radio Project, DBA KSJD. Mayor Pro-tem Keefauver recused himself due to a ex parte contact with the applicant prior to the hearing. Chief of Police Lane was sworn in and stated that he was asked to complete the investigation for a new Arts Liquor License for The Community Radio Project, DBA KSJD, located at 2 East Main Street. He reviewed his report with Council and noted that a public notice sign was placed on the property on February 6, 2014, and notice for the hearing was placed in the Cortez Journal on March 7, 2014. He stated that the poll of the surrounding neighborhood shows that 69 people were in favor of granting the license, three were against, and two were neutral. He stated that the location complies with Colorado Liquor Code Rules and Regulations and does not create any known public safety hazard or endanger public health. He stated that the Police Department supports the issuance of the CITY COUNCIL REGULAR MEETING MARCH 25, 2014 PAGE 2 liquor license and he submitted the report for the record. In answer to a question from City Attorney Green, Chief of Police Lane stated that the building was once two separate buildings, but is now connected as one premise. Jeff Pope and Kim Welty were sworn in and Mr. Pope, Director for the Community Radio Project, commented that the board members and staff of The Community Radio Project are present in the audience. He stated that Ms. Welty and Amanda Puett circulated petitions and received 45 signatures in support of the Arts Liquor License and in answer to a question from City Attorney Green, Ms. Welty stated that she did witness the signatures of the people that signed the three petitions she had circulated. Mr. Pope stated that the construction of the new 125 seat performance venue is almost complete. He stated that the venue will be appropriate for live music, theater productions, and cinema. He stated that their neighbor, the Cortez Cultural Center, has an Arts Liquor License and they have used their license to advance their mission and support their organization by allowing liquor beverages at their events. He noted that the Arts Liquor License would enhance The Community Radio Project to serve the community at their venue, which they hope will be open by May. The petitions circulated on behalf of the applicant were submitted for the record. Mayor Porter opened the public hearing; however, no one spoke for or against the issuance of the license and the public hearing was closed. Councilmember Keel moved that after considering the reasonable requirements of the neighborhood, the desires of the adult inhabitants, the necessity of any restrictions on the license, the good character of the applicants, and compliance with all the provisions of Title 12, Article 47, Colorado Revised Statutes, that Council approve a new Arts Liquor License for The Community Radio Project, DBA KSJD, located at 2 East Main Street. Councilmember Archibeque 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 discussion and vote due to a ex parte contact with the applicant prior to the hearing. 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. 2014 Median Beautification Project Bid. Director of Public Works Johnson stated that in 2013 South Broadway was reconstructed in concrete by the Colorado Department of Transportation (CDOT) and the City took on the responsibility of having the medians completed. He stated that the landscaping portion of the South Broadway Beautification Bid received by the City in the Fall of 2013 were too expensive; however, the City had the concrete median cover redone and approximately 22 light poles rewired. He stated that the City bid out the 2014 Median Beautification Project in February 2014 and originally scheduled to open bids on March 3, 2014; however, due to miscommunication and the lack of bids received, the one bid was rejected and the bid opening date was extended to March 17, 2014. He stated that three bids were received with the low bidder, Candelaria Construction, at a bid amount of $259,571.90 which was approximately $58,000 over the Engineer’s Estimate. He spoke about the various portions that would be included in the project and stated that the pottery pieces, which are estimated at approximately $39,000, are CITY COUNCIL REGULAR MEETING MARCH 25, 2014 PAGE 3 not included in the bid but would hopefully be purchased during the gateway sign project that will be bid later in the year. In answer to a question from Councilmember Archibeque, Director of Public Works Johnson stated that the project would be completed in 60 days after the Notice to Proceed is issued. Discussion was held regarding the completion of the pad that would hold the pottery pieces and Council agreed that the pad should be completed during the 2014 Median Beautification Project so it is ready when the pottery pieces can be purchased. In answer to a question from Councilmember Butler, Director of Public Works Johnson stated that the four entryway signs are projected to be bid later in the year and the pottery pieces could be included in that bid and Council could decide at that time if there is enough funding for the items. Discussion was held regarding the acquisition of a grant or possibly asking for joint funding from the Ute Mountain Ute Tribe for the pottery pieces. City Manager Hale noted that the Gates Foundation may have some funds available to help with the expense of the gateway signs/pottery pieces. Councilmember Sheek noted that for future beautification projects, the City should consider asking the businesses and residents if they would like to contribute funding to help defray some of the costs. Councilmember Sheek moved that Council award the 2014 Median Beautification Project to Candelaria Construction in the amount of $259,571.90. 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. Geotechnical Services Request for Proposal. Director of Public Works Johnson stated that the City of Cortez sent out a Request for Proposal seeking qualified Geotechnical Engineering firms to provide services that will support the City of Cortez by providing recommendations and deliverables to be used by the City Engineering Division for roadway rehabilitation options for approximately three lane miles within the City of Cortez. He reviewed the streets that would be included in the 2014 Street Rehabilitation Project and the scope of the work that the consultant would provide. He stated that staff is recommending that the Geotechnical Services project be awarded to Western Technologies at an amount not to exceed $17,500. He stated that the City feels confident that Western Technologies would do a good job for the City. Councilmember Archibeque moved that Council award the Request for Proposal for Geotechnical Services for the 2014 Street Improvements Program to Western Technologies. 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 c. Resolution No. 9, Series 2014. City Attorney Green stated that the Municipal Election has been scheduled for April 8, 2014; however, due to the fact that no more candidates filed for the offices that are vacant, staff is recommending that the election be canceled. He stated that Resolution No. 9, Series 2014, directs the City Clerk to cancel the 2014 Municipal Election and declare the four Council candidates elected to the Cortez City Council. CITY COUNCIL REGULAR MEETING MARCH 25, 2014 PAGE 4 Mayor Pro-tem Keefauver moved that Council approve Resolution No. 9, Series 2014, canceling the 2014 Municipal Election and declaring the four Council candidates: Bob Archibeque, Shawna McLaughlin, Orly Lucero, and Jim Price, elected to the Cortez City Council. 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 d. 2014 Fertilizer Bid. Director of Parks and Recreation Palmquist stated that the Parks and Golf Course Maintenance Divisions bid out their fertilizer product needs in one combined bid. He stated that bids on the 2014 Fertilizer Bid were opened on March 14, 2014, with two companies submitting bid proposals. He stated that Golf Enviro Systems had the lowest bid for several of the various fertilizer products; however, Golf Enviro Systems submitted a bid for different fertilizer products than was specified. He stated that Agrium Direct Solution submitted a bid for the specified fertilizer products, including Sanctuary 28-0-2, which has a slower release rate with multiple layers of coating and better sustainability of the fertilizer product throughout the summer season. He stated that staff recommends that the 2014 Fertilizer Bid be awarded to Agrium Direct Solutions with the Parks Division purchasing $10,102.50 and the Golf Course Maintenance Division purchasing $15,019.40, for a total bid award of $25,121.90. Councilmember McLaughlin moved that Council award the 2014 Fertilizer Bid to Agrium Direct Solutions for a total bid amount of $25,121.90 for the Parks and Golf Course Maintenance Divisions. 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 e. 2014 Golf and Park Equipment Bid. Director of Parks and Recreation Palmquist stated that the Parks and Recreation Department solicited bids for two pieces of equipment that will better address the maintenance divisions’ needs in regard to not having to contract out for deep tine aerification services at the golf course and provide multiple functioning equipment to complete the work more efficiently. He stated that the pull behind equipment includes a high speed deep aerification unit and a universal maintenance machine that will be used for sweeping, verticutting, and flail-type mowing. He stated that only one company submitted a bid and staff is recommending that Potestio Brothers Equipment Inc., be awarded the bid at an amount of $25,805 for the high speed deep aerification unit and $28,291.06 for the universal maintenance machine. He stated that the maintenance staff were able to assess which aerification unit would better address their maintenance needs after they attended a turf conference in December. He stated the bid for the aerification unit is $1,805 over the budgeted amount; however, the funds will be absorbed with the savings from the water slide resurfacing project. He stated that the universal maintenance machine is under the projected budgeted amount. Councilmember Sheek moved that Council award the 2014 Golf and Park Equipment Bid to Potestio Brothers Equipment Inc., at a bid amount of $25,805 for the high speed deep aerification unit and a bid amount of $28,291.06 for the universal maintenance machine to be used by the Parks and Golf Course Maintenance Divisions. Councilmember McLaughlin seconded the motion, and CITY COUNCIL REGULAR MEETING MARCH 25, 2014 PAGE 5 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 a. New Library Director. City Manager Hale stated that Eric Ikenouye has been hired as the new Library Director. He stated that Mr. Ikenouye currently works for the Salt Lake City Library and will begin with the City on May 27, 2014. b. Clean-Up Day. City Manager Hale thanked the Montezuma County Commissioners for agreeing to waive the tipping fees at the County landfill for the City Clean-up Day scheduled for May 17, 2014. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Porter stated that during the worksession Council held an Executive Session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e). He stated that a brief update was given on the airline flights for Cortez and two CCCD (Colorado Center for Community Development) grad students gave a presentation on the work they have completed on behalf of the Heart and Soul Program on the Land Use Code. b. Mesa Verde County Tourism Board. Councilmember McLaughlin stated the board reviewed the Information on the Lodger’s Tax for 2013, which was up 8.19% over 2012. She stated that the by- laws were also reviewed and may be amended to allow for more alternate boardmembers. c. Parks, Recreation, and Forestry Advisory Board. Councilmember Butler stated that items discussed at the Parks, Recreation, and Forestry Advisory Board including the swim meet that will be held in Cortez on August 1-3, 2014. He stated that brochures are now available at the Carpenter Natural Area showing the various trails and Kokopelli Bike Shop has been working on mapping the hiking/biking trails on the Four Corners property recently purchased by the City. He stated that the trails will connect to the Carpenter Natural Area. He also noted that Arbor Day activities will be held in City Park on April 25, 2014. The meeting was adjourned at 8:20 p.m. CITY COUNCIL REGULAR MEETING MARCH 25, 2014 PAGE 6 ________________________________ Dan L. Porter, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk