City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, MAY 13, 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 Karen Sheek, Bob Archibeque, Tom Butler, Mayor Pro-tem Ty Keel, Orly Lucero, Shawna McLaughlin and Jim Price. Staff members present were Chief of Police Roy Lane, Airport Manager Russ Machen, Director of General Services Rick Smith, Director of Parks and Recreation Dean Palmquist, Systems Analyst Shay Allred, Network Administrator Ron Smith, MIS Director Jim Snow, Director of Planning and Building Kirsten Sackett, City Manager Shane Hale, City Clerk Linda Smith, and City Attorney Mike Green. There were nine 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 April 22, 2014. b. Approval of the payment of the Expenditure Vouchers of May 13, 2014. c. Approval of a renewal Hotel and Restaurant Liquor License for Ocean Pearl Cortez LLC, DBA Ocean Pearl Chinese Restaurant, 300 East Main Street, Cortez. d. Approval of a renewal Arts Liquor License for The Cortez Center Inc., DBA Cortez Cultural Center, 25 North Market Street, Cortez. Mayor Pro-tem Keel moved that Council approve the Consent Agenda as presented with the additional expenditure vouchers totaling $86,768.32. Councilmember Price seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS a. Ordinance No. 1187, Series 2014. City Attorney Green stated that Ordinance No. 1187, Series 2014, amends Chapter 18 of the Cortez City Code, adding Section 18-60 regarding unauthorized dumping in trash receptacles and dumpsters. He stated that staff has noticed that unauthorized dumping has occurred from residents that reside both inside and outside the City limits in dumpsters and trash receptacles throughout the City and the ordinance would prohibit the unauthorized dumping. Mayor Sheek opened the public hearing; however, no one spoke and the public hearing was closed. CITY COUNCIL REGULAR MEETING MAY 13, 2014 PAGE 2 Councilmember Archibeque moved that Council approve on final reading, Ordinance No. 1187, Series 2014, amending Chapter 18 of the Cortez City Code, adding Section 18-60 regarding unauthorized dumping in trash receptacles and dumpsters. Councilmember Butler seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes b. Ordinance No. 1188, Series 2014. City Attorney Green stated that Ordinance No. 1188, Series 2014, amends Chapter 16, Motor Vehicles and Traffic of the Cortez City Code, to add Section 16- 25 prohibiting the use of a retarder on any truck, bus, automobile, or any other motor vehicles within the City of Cortez. He stated that the Council had recently discussed the use of “jake brakes” in the City limits and the disturbance that this causes to residential neighborhoods and commercial businesses. He stated that the Colorado Department of Transportation (CDOT) had advised the City that they would post signage regarding the prohibition of jake brakes, if the City prohibited the use by ordinance. In answer to a question from Councilmember Sheek, City Manager Hale stated that CDOT would be sent a copy of the ordinance and hopefully they would post the signs soon after. Councilmember Sheek opened the public hearing. Toby Baker from the Cortez Journal asked how the ordinance would be monitored and City Manager Hale stated that the City does not have a noise ordinance but rather a disturbing the peace ordinance and stated that a ticket would be issued if a Police Officer hears a truck using their jake brakes within the City limits. No one else spoke and Mayor Sheek closed the public hearing. Councilmember Price moved that Council approve on final reading, Ordinance No. 1188, Series 2014, amending Chapter 16, Motor Vehicles and Traffic of the Cortez City Code, to add Section 16- 25 prohibiting the use of a retarder on any truck, bus, automobile or any other motor vehicle within the City of Cortez. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. 2014 Airport Pavement Maintenance Bid. Airport Manager Machen stated that the Cortez Municipal Airport received a grant from the State of Colorado to sealcoat and re-stripe pavement at the Airport, in the amount of $198,000, with matching funds from the Airport of 10% ($22,000), for a funding resource total of $220,000. He stated that four bids were received and American Road Maintenance was the low bidder at a bid amount of $199,527.31. He stated that a background check was completed on American Road Maintenance and positive feedback on their workmanship, timely performance, and product application was received. He stated that American Road Maintenance has completed work on five airports in Wyoming so they have airport experience. He stated that the airport will be closed during the fog seal application to the runway and seal coating of the runway shoulders; however, the runway painting will be done as aircraft operations allow with completion time set at approximately four to five days. He stated that because the bid came in CITY COUNCIL REGULAR MEETING MAY 13, 2014 PAGE 3 lower than the budgeted amount, additional striping may occur should conditions warrant. In answer to a question from Councilmember Lucero, Airport Manager Machen stated that work will be done around the commercial airline traffic; however, the general aviation traffic will be notified of the Airport closure for the maintenance. Councilmember Lucero moved that Council award the 2014 Airport Pavement Maintenance Bid to apply seal coating and re-striping to Airport pavement, to Midwest Tar Sealer, DBA American Road Maintenance, at the bid amount of $199,527.31. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes b. Board/Committee Appointments. City Manager Hale stated that with the seating of the new Council, appointments to the various Committees and Boards are needed to be made for representation over the next two years. Following were the motions for each appointment: Councilmember Archibeque moved that Tom Butler remain on the Parks, Recreation, and Forestry Advisory Board. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes Councilmember Butler moved that Karen Sheek remain on the Library Advisory Board. Mayor Pro -tem Keel seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes Councilmember McLaughlin moved that Karen Sheek be appointed as the City representative on the Heart and Soul Advisory Committee. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes Councilmember Lucero moved that Bob Archibeque and Ty Keel remain on the Golf Advisory Board. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes Councilmember Butler moved that Shawna McLaughlin and he (Tom Butler) remain on the Mesa Verde Country Board along with staff member Ami Fair and, that Karen Sheek continue to serve as the alternate. Councilmember Lucero seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING MAY 13, 2014 PAGE 4 Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes Mayor Pro-tem Keel moved that Shawna McLaughlin be appointed as the City representative on the Montezuma County Economic Development Association (MCEDA). Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes Mayor Pro-tem Keel moved that City Manager Shane Hale be appointed as the alternate to the Montezuma County Economic Development Association (MCEDA). Councilmember Price seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes Councilmember McLaughlin moved that Jim Price be appointed to serve as the City representative on the Community Cultural Center Board, and remove Ami Fair from the board. Councilmember Butler seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes Councilmember Lucero moved that Ty Keel be appointed to the Historic Preservation Board and he (Orly Lucero) be appointed as the alternate. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes c. Fiber Conduit Construction and Installation Bid. Director of General Services Smith stated that the Cortez Community Network anticipates the continued need to construct fiber optic drops throughout the year for businesses in the community. He stated that two bids were received with a menu list of items to be used to calculate the cost of the drops as it is difficult to determine the conditions and lengths of the drops until they are ordered. He stated that staff is recommending that One Track Communications be awarded the contract for drops that are constructed in 2014. Mayor Sheek asked if there is a vague number of how many drops would be completed in 2014, and Director of General Services Smith stated that the budgeted amount was approximately $50,000 and it is not anticipated that there would be more drops than budgeted; however, he stated that the project may change if the grant recently applied for is received. In answer to a question from Councilmember Lucero, Director of General Services Smith stated that there is an outside plant person that completes the line locates and the final drops. CITY COUNCIL REGULAR MEETING MAY 13, 2014 PAGE 5 Mayor Pro-tem Keel moved that Council award the Fiber Conduit Construction and Installation Bid to the low bidder – One Track Communications at the bid amounts listed in the bid proposal. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes d. Fiber System Head-End Damage Repair – RFP Response. Director of General Services Smith stated that June 2013, during road reconstruction on Industrial Road, a 96-count fiber optic line was ripped up. He stated that emergency repairs were completed within 24 hours; however, the repairs have been in a temporary fashion and need to be repaired for long term operations and expansion. He stated that the contractor that caused the damage has paid a portion of the repairs and the rest of the cost will come from the CCN fiber budget. He stated that the project will have two separate outages which will be scheduled with the least impact to customers, with emergency services being the highest priority. He stated that three bidders attended the mandatory walk-through and Lightworks Fiber, the low bidder at $6,000, failed to provide a detailed plan in their response and their understanding of the scope of the work seemed vague; therefore, their bid was not considered. He stated that One Track Communications submitted a good plan, including some options that could lessen the impact of service outage to customers, and the cost of their proposal was $11,980. He stated that the third bidder was Meridian Intermountain at a bid amount of $36,355. He stated that the City will be providing some material and labor to assist in the project and would therefore request a $5,000 contingency amount along with the bid. City Manager Hale stated that staff does not feel it is in the best interest of the City to award the project to the low bidder as the entire fiber system will be taken down during the repair and it important that the bid be awarded to the company that the City feels can do the best job. Councilmember Archibeque moved that Council award the Fiber System Head-End Repair RFP to One Track Communications, Inc., at the proposal amount of $11,980 and include a $5,000 contingency, for a total repair amount of $16,980. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes e. Professional Services Agreement with the Regents of the University of Colorado. Director of Planning and Building Sackett stated that with the Heart and Soul grant nearing completion, the Community Advisory Team is currently working on implementation projects to keep the momentum of Heart & Soul alive in the community. She stated that one of the projects identified early on was the creation of a community storybook that captures the values and stories of the community members. She stated that staff is proposing that two graduate students with the Colorado Center for Community (CCCD), which functions out of the University of Colorado’s College of Architecture and Planning, be hired to complete the storybook project. She stated that the cost of the services would total $7,825 and a Professional Services Agreement would need to be signed with the Regents of the University of Colorado to allow for the students to perform the work. She stated that recently two students from CCCD completed a project for the City and staff was very pleased with the outcome. She stated that the storybook project would be completed by the end of the summer and CITY COUNCIL REGULAR MEETING MAY 13, 2014 PAGE 6 the funds would come from the Heart & Soul Grant Funds. Mayor Sheek commented that it is a win/win for everyone to have the project completed by the students. Councilmember McLaughlin moved to authorize the City Manager to enter into a Professional Services Agreement with the Regents of the University of Colorado, for and on behalf of the College of Architecture and Planning, Colorado Center for Community Development (CCCD), for the purpose of creating a Community Storybook for the Cortez Heart & Soul Project, in the amount of $7,825. Councilmember Butler seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes f. Virtual Desktop Infrastructure and Systems Backup Solution RFP. Systems Analyst Allred spoke about the review of RFP’s received for the VDI and Systems Backup Solution. He spoke about the three companies which provided an RFP for the services and commented that Data Safe Services offered the best value to the taxpayers and is a local company that has a response time of under three hours compared to ICS which is based out of Denver and would have a best response time of 8 hours plus. City Manager Hale stated that the committee which reviewed the RFP’s included Brad Harrison, General Services Buyer; Ron Smith, City Network Administrator; and Shay Allred, Systems Analyst, and noted that Director of General Services Rick Smith was excluded from the process due to the fact that he is one of the owners in Data Safe Services. City Manager Hale stated that Data Safe Services included in their bid a one year price as was requested and also a three year price which would be a considerable savings for the City. He stated that Systems Analyst Allred contacted the other bidders regarding a three year price and after further review by the RFP Committee, the recommendation to Council is that the Virtual Desktop Infrastructure and Systems Backup Solution RFP be awarded to Data Safe Services for a three-year contract. Councilmember Price moved that Council award the Virtual Desktop Infrastructure (VDI) and Systems Backup Solution RFP to Data Safe Services for a three-year contract, subject to annual appropriation, in the amount of $106,066 per year, with the first year set up cost of $5,800. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes g. New Liquor License for Maverick, Inc. City Attorney Green stated that a 3.2% Beer Retail Liquor License Application has been received from the Maverick Store No. 497, which will be located at 455 State Street. He stated, as required by State Statutes, a public hearing date must be set for review of the license application as well the neighborhood boundaries for conducting the application report. Councilmember Archibeque moved that Council set a public hearing date of June 10, 2014, and the neighborhood boundaries as the City limits for a new 3.2% Beer Off Premises Liquor License for Maverick, Inc., DBA Maverick Store No. 497, located at 455 State Street, Cortez. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING MAY 13, 2014 PAGE 7 Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes h. 2014 Asphalt Bid Acceptance for Parks and Recreation Department. Director of Parks and Recreation Palmquist stated that price quotes were received on asphalt work that needs to be completed at the Parque de Vida parking lot. He stated that approximately 1,880 square feet of asphalt work would need to be removed and replaced in a section of the parking lot. He stated that two local companies submitted quotes and Elam Construction submitted the lowest quote at $10,887.60. He stated that the quote is $887.60 over budget, and can be absorbed from the savings received from the water slide resurfacing project that was just completed. Councilmember Keel moved that Council award the 2014 Asphalt Bid to Elam Construction at the quote amount of $10,887.60 for the Parque de Vida Playground Shelter Parking Lot Asphalt Project. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. 10. ADDITIONAL CITIZEN PARTICIPATION a. Lawsuit with Marian Harper. Mr. Harper, 27-2 South Elm, spoke regarding a lawsuit which has been ongoing with the City and Montezuma County. He asked for the City to settle the suit in cash and spoke of other civil suits which have been filed against the Sheriff’s Department and the City. He thanked the City for allowing him to be heard. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT a. Dolores River Plan. City Manager Hale stated that the Dolores River Plan will be reviewed by the Montezuma County Commissioners at 2:30 p.m., on Monday, May 19, 2014. He invited Council to attend the meeting to support the findings that will be presented to the Montezuma County Commissioners on behalf of the Town of Dolores, Montezuma Water Company, City of Cortez, and Dolores Water Conservancy District. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that discussion during the worksession included a presentation by Chris Cutrone, representing the Leopard Sharks Swim Team, regarding the purchase of a time clock for the outdoor pool. She stated that Paul Adams, employee of Kokopelli Bike Shop, and Director of Parks and Recreation Dean Palmquist presented information on the new proposed Carpenter Natural Area trail system. She stated that discussion was also held on the licensing of retail marijuana. CITY COUNCIL REGULAR MEETING MAY 13, 2014 PAGE 8 Council adjourned the regular meeting at 8:35 p.m., and after a brief break, continued their discussion from the worksession on the future licensing of retail marijuana. The workshop was continued in the Grace Speck Room. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk