City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, DECEMBER 9, 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 Director of Planning and Building Kirsten Sackett, Director of Public Works Phil Johnson, Director of Parks and Recreation Dean Palmquist, Director of Finance Kathi Moss, Chief of Police Roy Lane, Building Maintenance Supervisor Tim Crites, Detective Gary Stevens, Administrative Assistant Dona Thompson, Golf Course Foreman Wayne Becker, Patrol Sergeant Rex Brinkerhoff, Human Resources Director Gay Hall, MIS Director Jim Snow, Senior Operator Rod Williams, Court Clerk/Administrator Carla Odell, Patrol Sergeant David Allmon, Detective Ryan Loyd, Operations Coordinator Dan Jones, Patrol Sergeant Angelo Martinez, Part-time Library Clerk I Sally Jo Leitner, Communications Technician Stacy Clark, Patrol Officer Brad Milligan, City Clerk Linda Smith, City Manager Shane Hale, 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 November 25, 2014. b. Approval of the payment of the Expenditure Vouchers of December 9, 2014. c. Approval of a renewal 3.2% Beer Retail Liquor License for Safeway Store Forty Six Inc., DBA Safeway Store No. 1892, located at 1580 East Main Street, Cortez. d. Approval of eight land lease conversion agreements for Airport property with the following lease holders: Noel Boykin, Dwight Chamberline, Tom Buffaloe, Flexible Flyers, Mesa Verde Aero, Roland LaFont, Bernard Karwick, and John Hutchison. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure list totaling $109,191.94. 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 3. PRESENTATIONS a. Anniversary Awards Presented to City Employees. Mayor Sheek commented that the strength of an organization comes from its employees and their dedication and continuity. Council thanked the following employees for their service to the City: 35 Years (1979) Tim Crites, Gary Stevens, Dona Thompson; 30 Years (1984) Wayne Becker, Steve Leroux; 25 Years (1989) Rex Brinkerhoff, Gay Hall; 20 years (1994) Jim Snow, Rod Williams, Carla Odell, Don Cornett; 15 CITY COUNCIL REGULAR MEETING DECEMBER 9, 2014 PAGE 2 years (1999) Michelle Devall, Gary Gatzke; 10 Years (2004) David Allmon, Ryan Loyd, Dan Jones, Angelo Martinez, Frank Kobel, Sally Joe Leitner; 5 Years (2009) Stacy Clark, Dean Palmquist, Ken Torres, and Brad Milligan. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS a. Change of Location for a Hotel and Restaurant Liquor License for El Burro Pancho LLC. City Attorney Green stated that El Burro Pancho LLC, DBA El Burro Pancho is currently located at 1430 East Main Street No. 3 and is requesting a Change of Location to 125 East Main Street No. A. He stated that Council had recently approved the remodel of Mr. Happy’s Bakery and Café with one side of the building to be leased to El Burro Pancho. He stated that the owner (Gustavo Casillas) of El Burro Pancho has an established business with a current Hotel and Restaurant Liquor License and has met the requirements for the background check. He stated that staff recommends approval. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Lucero 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 the Change of Location for a Hotel and Restaurant Liquor License for El Burro Pancho LLC, DBA El Burro Pancho to be relocated to 125 East Main Street No. A. 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 b. Ordinance No. 1195, Series 2014. Finance Director Moss stated that Ordinance No. 1195, Series 2014, appropriates supplemental funds, rectifying budgeted excesses, and makes budget revisions for the 2014 fiscal budget. She stated that the 2014 Budget revisions, totaling $2,838,005, were reviewed during the 2015 Budget presentations and are mostly due to capital projects that are being carried over. Mayor Pro-tem Keel thanked staff for their work on the budget. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Archibeque moved that Council approve on final reading Ordinance No. 1195, Series 2014, appropriating supplemental funds, rectifying budgeted excesses, and making budget revisions for the 2014 fiscal budget. 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 c. Ordinance No. 1196, Series 2014. Director Moss stated that Ordinance No. 1196, Series 2014, is the annual appropriation ordinance for the fiscal year beginning January 1, 2015, and ending December 31, 2015. She stated that the ordinance also sets the mill levy for said fiscal year which CITY COUNCIL REGULAR MEETING DECEMBER 9, 2014 PAGE 3 is projected to be 1.28%. She stated that the budget encompasses 16 funds for a total budget of $29,628,024. She reviewed the individual funds and commented that the City Manager’s Budget Message was included in the packet which highlights many of the main items of the 2015 Budget. She stated that staff recommends approval of Ordinance No. 1196, Series 2014. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Mayor Pro-tem Keel moved that Council approve on final reading Ordinance No. 1196, Series 2014, approving the 2015 Budget and setting the mill levy for the fiscal year. 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 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Resolution No. 26, Series 2014. Director of Planning and Building Sackett stated that Resolution No. 26, Series 2014, sets the fees and charges for the Planning and Building Department . She stated that the Planning and Building Department fees are set so they cover expenses incurred by the City without having to be subsidized by citizens or other departments. She stated that Council had reviewed the cash-in-lieu fee at the November 25, 2014, meeting and had approved the new per-acre value of $11,000 which equates to a $550 per-acre cash-in-lieu fee. She stated that the conditional use permit fee is recommended to be reduced to $300 and the site development review fee will be increased to $500. She stated that, if an applicant applies for a conditional use permit and a site development review at the same time, staff recommends that the site development review fee be paid in full and that only half of the conditional use permit fee be charged as the review of the requests would be completed simultaneously. She stated that Resolution No. 26, Series 2014, also includes fees for building permits which is based on the valuation of construction as set by the Building Valuation Data identified in the Building Safety Journal published by the International Code Council. She stated that clarification language has been added to the resolution that pertains to the Use Tax fees for Manufactured Homes and State IRC approved modular homes. Mayor Sheek asked if a project would have multiple fees and Director of Planning and Building Sackett stated that a project could have multiple fees based on what the project would entail. She stated that staff would wrap all the fees together during the permitting process. She stated that the customer may have to apply for other permits with the State and other utility providers based on what their project entails. Councilmember McLaughlin moved that Council approve Resolution No. 26, Series 2014, setting fees and charges for the Planning and Building Department services and materials, which includes the August 2014 Square Foot Construction Cost table identified in the Building Safety Journal published by the International Code Council, to be effective January 1, 2015, and superseding Council Resolution No. 36, Series 2013. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek CITY COUNCIL REGULAR MEETING DECEMBER 9, 2014 PAGE 4 Yes Yes Yes Yes Yes Yes Yes b. Resolution No. 27, Series 2014. Director of Public Works Johnson stated that Resolution No. 27, Series 2014, sets fees and charges for Public Works services and materials provided by the City of Cortez, and supersedes Council Resolution No. 34, Series 2013. He stated that the fee for digital data has been updated due to the 2015 Digital Color Ortho-photography that will be available. He stated that also the Right-of-Way Construction Permit fee for patching roadway trenches with hot- mix asphalt will be based on the need of prep work and the availability of materials. He stated that roads that have been resurfaced (pavement, chip seal, FDR) within the last two years will have requirements for cut sizes and patching and will be addressed in the Right-of-Way Construction Permit. Councilmember Archibeque moved that Council approve Resolution No. 27, Series 2014, setting fees and charges for Public Works services and materials, to be effective January 1, 2015, and superseding Council Resolution No. 34, Series 2013. 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 c. Resolution No. 28, Series 2014. Director of Public Works Johnson stated that Resolution No. 28, Series 2014, sets Refuse Collection rates for the City of Cortez, to be effective January 1, 2015. He stated that there will be no increase to the rates for refuse collection at this time; however, with the recent changes at the County landfill and the County’s proposed rate increases, in addition to the equipment costs and volatility in the recycling market, a rate increase may need to be looked at in the future. He stated that an increase is proposed to the one-time dumpster lock fee which allows a person to purchase a lock from the City for their dumpster and prevents illegal dumping in people’s dumpsters. He stated the fee would cover the City’s costs and would increase from $10 to $20. In answer to a question from Mayor Sheek, Director of Public Works Johnson stated that the City has a key to the lock and the Refuse crew unlocks it when the trash is picked up and locked back-up after dumping. Councilmember Price thanked the Refuse crew for their work and noted that they always have a smile on their face. Mayor Pro-tem Keel moved that Council approve Resolution No. 28, Series 2014, setting Refuse Collection rates for the City of Cortez, to be effective January 1, 2015. 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. Resolution No. 29, Series 2014. Director of Parks and Recreation Palmquist stated that Resolution No. 29, Series 2014, sets fees for the Cortez Parks and Recreation facilities, programs, and services offered by the City of Cortez. He stated that the fees and charges for the Parks and Recreation Department allow the facilities to be self-sufficient and he noted the current percentage of self-sufficiency. He stated that the fees have been approved by the Golf Advisory Board and Parks, Recreation, and Forestry Advisory Board. He spoke about the fee increases that are recommended for the Recreation Center, Golf Course, outdoor swimming pool, and for registration CITY COUNCIL REGULAR MEETING DECEMBER 9, 2014 PAGE 5 of co-ed softball teams. He stated that the per hour field rate and gross fee rate for outside user groups, beyond the approved, youth, non-profit organizations, will be slightly increased and the amount received from contractual services will be raised to 30%. Councilmember Lucero moved that Council approve Resolution No. 29, Series 2014, approving the fees for the Cortez Parks and Recreation facilities, programs, and services offered by 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 e. Resolution No. WE-2014-1, Series 2014. Director of Public Works Johnson stated that Resolution No. WE-2014-1, Series 2014, establishes water rates for the City of Cortez Enterprise. He stated that Water Enterprise charges fees to operate the City’s water treatment plant and distribution system. He noted to keep up with rising costs of infrastructure repairs, treatment chemicals, and capital expenditures, slight adjustments need to be made and staff is proposing a 5% increase in water rates. He stated that the base rate for a residential ¾-inch water meter, which includes the first 1000 gallons, will increase from $15.50 to $16.30 a month. He stated that in addition, the water rate usage charge per 1000 gallons of water used, over the first 1000 gallons, will increase from $2.10 to $2.20. He stated that the commercial water dock fee will increase from $12.00 to $12.50 for 1,000 gallons. He stated that the tap fees will increase from $3,800 to $3,990 for a 3/4” water tap with proportionate increases for larger taps. In answer to a question from Mayor Sheek, Director of Public Works Johnson stated that the pipe placed in the ground can last 40 to 60 years. Councilmember Archibeque moved that Council approve Resolution No. WE-2014-1, Series 2014, establishing the water rate charges and water development charges for the City of Cortez Water Enterprise, to be effective January 1, 2015. 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 f. Resolution No. WE-2014-2, Series 2014. Director of Finance Moss stated that Resolution No. WE-2014-2, Series 2014, is the annual budget and revised budget for the City of Cortez Water Enterprise. She stated that City Council passed Ordinance No. 1138, Series 2010, establishing the City of Cortez Water Enterprise and City Council acts as the board for the Water Enterprise Fund. She stated that Ordinance No. 1196, Series 2014, adopted a 2015 budget for the Water Enterprise Fund in the amount of $4,138,783 and Ordinance No. 1195, Series 2014, adopted the revised 2014 budget for the Water Enterprise Fund in the amount of $2,094,995. Director of Finance Moss stated that the Enterprise Fund was set-up as required by TABOR. City Manager Hale stated the enterprise fund is treated like a business and allows the City to borrow money for the fund. Mayor Pro-tem Keel moved that Council approve Resolution No. WE-2014-2, Series 2014, 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 Lucero seconded the CITY COUNCIL REGULAR MEETING DECEMBER 9, 2014 PAGE 6 motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes g. Resolution No. HE-2014-1, Series 2014. Director of Finance Moss stated that Resolution No. HE-2014-1, Series 2014, approves the 2015 budget and the revised 2014 budget for the Hydro- Electric Power Enterprise. She stated that the Cortez Hydro-Electric Power Enterprise was established through Ordinance No. 1132, Series 2009, and is set-up the same as the Water Enterprise Fund. She stated that Ordinance No. 1196, Series 2014, adopted the 2015 budget for the Hydro-Electric Plant in the amount of $142,957 and Ordinance No. 1195, Series 2014, adopted the 2014 revised budget for the Hydro-Electric Plant in the amount of $142,457. Councilmember Lucero moved that Council approve Resolution No. HE-2014-1, Series 2014, approving the 2015 budget and the revised 2014 budget for the Hydro-Electric Power Enterprise. 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 h. Pay Invoices through 2014. Director of Finance Moss stated that, due to only one Council meeting being held in December, Council has historically allowed the Finance Department to pay invoices received through December and a list of the invoices that are paid, are provided to Council at their first meeting in January 2015. She stated that it is important to pay the vendors on time and helps with the audit by not having a large accounts payable at the end of the year. Mayor Pro-tem Keel moved that Council approve the payment of invoices through December 31, 2014, with a listing of the expenditures to be furnished to Council at their first meeting in January, 2015. 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 i. Resolution No. 30, Series 2014. City Manager Hale stated that in August 2014 Council adopted Resolution No. 19, Series 2014, which set the fees for retail marijuana licensing. He stated that staff is recommending that the same fees that were adopted for retail marijuana be applied to medical marijuana licenses through Resolution No. 30, Series 2014. He stated that Resolution No. 30, Series 2014, also includes general aviation corporate landing fees which will match the commercial airline fees, which is $1.70/1,000 lbs. of landing weight. He stated that staff recommends approval of Resolution No. 30, Series 2014, incorporating the fees for both the City Clerk and the Cortez Municipal Airport. Councilmember Lucero moved that Council approve Resolution No. 30, Series 2014, establishing fees and charges for the City Clerk and Cortez Municipal Airport. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek CITY COUNCIL REGULAR MEETING DECEMBER 9, 2014 PAGE 7 Yes Yes Yes Yes Yes Yes Yes j. Grant Agreement between the State of Colorado of Local Affairs and the City of Cortez. Director of Planning and Building Sackett stated that the City of Cortez was awarded an Energy and Mineral Impact Grant in the amount of $100,000 from the State of Colorado of Local Affairs to be used towards the Land Use Code re-write. She stated that the Mayor would need to sign the grant agreement for final acceptance of the award. In answer to a question from Mayor Sheek, Director of Planning and Building Sackett stated that once the agreement is executed and a Request for Proposal (RFP) is completed, the process would begin within a couple of months. Councilmember Price moved that Council authorize the Mayor to sign the Grant Agreement between the State of Colorado Department of Local Affairs and the City of Cortez, for the award amount of $100,000 for Project EIAF 7575 – Cortez Land Use Code Re-Write. 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 k. Addendum to City Manager’s Contract. Councilmember McLaughlin moved that Council authorize the Mayor to sign Addendum 1 to the City Manager’s Employee Contract with a wage increase of 3 1/2%. 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 Council thanked City Manager Hale for a job well done. 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. ADDITIONAL CITIZEN PARTICIPATION – None. 10. OTHER ITEMS OF BUSINESS – None. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT a. Refuse Department Working Christmas Day. City Manager Hale stated that the Refuse Department employees chose to work on Thanksgiving Day rather than to work on the Saturday after Thanksgiving and have also decided to work on Christmas Day rather than work on the Saturday following Christmas. He stated that the residents may say something about the crew working on Christmas Day; however, it has been their choice. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the worksession introductions were made of new employees Anthony Frost, Refuse Operator, Alicia Watkins, Recreation CITY COUNCIL REGULAR MEETING DECEMBER 9, 2014 PAGE 8 Assistant II, and April Ralph, Interim Director of Mesa Verde Country Tourism. She stated that an Executive Session was held for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiations, under C.R.S. Section 24-6-402(4)(e). Also, another Executive Session was held to discuss a personnel matter under C.R.S. Section 24-6-402(2)(f) and not involving: any specific employees who have requested discussion of the matter in open session, any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees. Council wished everyone a wonderful holiday season. b. Montezuma County Economic Development Association (MCEDA). Councilmember McLaughlin stated that the board held a brainstorming session on the goals for 2015. c. Mesa Verde Tourism Board. Councilmember McLaughlin stated that a meeting was held with the Montezuma County Commissioners and the County Lodgers to discuss the collaboration of everyone to reach the tourism goals. d. Sponsor a Pet at the Animal Shelter. Councilmember Price encouraged everyone to go by the Animal Shelter and sponsor a pet for the 12 days of Christmas. e. Cortez Historic Preservation Board. Mayor Pro-tem Keel stated that discussion at the Cortez Historic Preservation Board included procuring more signatures to get as many as possible from Montezuma Avenue on the historical record and he stated that a survey will begin on historic properties located on Main Street. He stated that new board member Dan Giannone, representing Planning and Zoning, was welcomed to the board. The regular meeting was adjourned at 8:35 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk