City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, APRIL 14, 2015 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 Parks and Recreation Dean Palmquist, Director of Public Works Phil Johnson, Director of General Services Rick Smith, Chief of Police Roy Lane, 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 March 24, 2015. b. Approval of the payment of the Expenditure Vouchers of April 14, 2015. c. Approval of a renewal 3.2% Beer Retail License for Worldwide Restaurant Corp., DBA Pizza Hut of Cortez, located at 1119 East Main Street, Cortez. d. Approval of a renewal Hotel and Restaurant Liquor License for Rudosky Golf LLC, DBA Conquistador Golf Course, located at 2018 North Dolores Road, Cortez. e. Approval of a renewal Hotel and Restaurant Liquor License for Seven Meadows Farm LLC, DBA The Farm Bistro, located at 34 West Main Street, Cortez. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure list totaling $40,981.17. 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 Mayor Pro-tem Keel moved that Council add the 2015 Paradise Village Waterline Parts Bid to the April 14, 2015, agenda. 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 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS CITY COUNCIL REGULAR MEETING APRIL 14, 2015 PAGE 2 a. Public Input on Kiwanis Park Improvements. Director of Parks and Recreation Palmquist stated that the Cortez Kiwanis Club and the City of Cortez hosted a neighborhood meeting on Tuesday, March 24, 2015, at Kiwanis Park, located on Shady Lane, to share information about creating a tricycle track at Kiwanis Park. He stated that the track would be made out of concrete with signs, turns, tunnels, and parking for preschool age children. He stated that the neighborhood meeting was a result of follow-up from a Council worksession held on March 6, 2015, to gather more information from the neighborhood residents before Council made a decision on the project. He stated that the neighborhood residents who attended the meeting were overall in favor of the concept of adding the tricycle track to Kiwanis Park, especially the ones with young children and grandchildren. He stated that some neighborhood residents had concerns about having an adequate parking area for the new amenity, additional traffic flow through the neighborhood, and if support amenities would need to be added like a port-a-potty and the vandalism that may result in having a port-a-potty at the park. He stated that after further conversations with members of the Kiwanis Club members, it is felt the project is small enough in scope and size that community use is projected to be minimal and mostly utilized by the neighborhood children and therefore would not need a port-a-potty. Staff recommends that, if positive feedback is received from the public at the hearing, that Council approve the addition of the tricycle track to Kiwanis Park. Director of Parks and Recreation Palmquist stated that Linda Towle who is a resident of the Shady Lane neighborhood had sent an e-mail stating that she would be out-of-town during the public hearing but wanted her comments noted that she supports the project, less the port-a-potty, and would suggest that children at play signage be placed on the street if the project is approved. Jim Muller, representing the Kiwanis Club, stated that the goal of the club is about helping children and noted that Dottie Wayt donated the property many years ago on behalf of the Kiwanis Club with a concept that the park would be available for children to use. He stated that the City did a good job putting in grass and a sprinkler system and the Kiwanis Club feels that the tricycle park would be a good fit for the neighborhood pocket park. He spoke about the funding for the addition to the park which will be paid by the Kiwanis Club along with a grant that will be applied for and the Kiwanis Club feels the project would be a great asset to the neighborhood. In answer to a question from Mayor Sheek, Mr. Muller stated that they should know if they have been approved for the grant by July and after that notice is received the club will approach the City on how to proceed. Mayor Sheek opened the public hearing for comment for or against the project. Kyle Blackmer, 2255 Peach Street, noted that none of the homes to the south and east of the park were notified of the public meetings. He stated that he has a concern about the project as it will be located in a park that is on a dead-end street. He stated that he would support a project that would include a swing set and a slide but not a special project such as this. He stated that the area would only be able to have four cars parked on the street and feels there will be a traffic problem with this new amenity. He stated that he has a toddler himself and he does not support the project. Charlie Williamson, 1927 Shady Lane, stated that his concerns are traffic and the effect on property values for the homes in the neighborhood. He stated that the park is nice but they don’t want more traffic. In answer to a question from Mayor Sheek, Mr. Williamson stated that there are little league baseball and football teams that practice in the park and they have not caused any issues but they usually carpool to the park. Dottie Wayt stated that she understands the concerns of the neighbors and clarified that the intention of the park was to enhance the Cottonwood Knolls neighborhood. S he noted that the tricycle park would be used by mothers with their young children and they would not be in the park after dark. She also noted that a bathroom (port-a-potty) would not be necessary CITY COUNCIL REGULAR MEETING APRIL 14, 2015 PAGE 3 as the homes are close by and the plan is for the park to remain a neighborhood park due to its location. She stated that there seems to be some concern about bike riders and skate boarders causing issue at the park and Ms. Wayt noted that the City could post that skateboards and bikers are not allowed. Ms. Wayt stated that she would hope the City would look at the project as an enhancement to that portion of town and that she supports the new and unique idea for the small children that is not offered in other parks in the community. In answer to a question from Mayor Sheek, Chief of Police Lane stated that patrol of the park area could be done more often to be sure all is running smoothly. No one else spoke and Mayor Sheek closed the public hearing. Councilmember Butler moved that Council approve the addition of the tricycle track to Kiwanis Park, located on Shady Lane, upon full funding of the project by the Cortez Kiwanis Club. 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 Mayor Sheek thanked the audience for their input on the project and that she hopes there won’t be any issues that arise from the new amenity. 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Modification of Premises for The Herbal Alternative. City Attorney Green stated that a request for a Modification of Premises was received from David Krzysztofiak, LLC, DBA The Herbal Alternative, located at 1531 Lebanon Road. He stated that the changes to the premises will entail moving the Drying Room to the current Growers Office and the Growers Office would be moved to the “unassigned future use area.” He stated that staff has reviewed the proposal and recommends approval. City Clerk Smith stated that Compliance Officer Boyd Neagle reviewed the premises and has signed off on the proposed changes. Councilmember Archibeque moved that Council approve a Modification of Premises for David Krzysztofiak, LLC, DBA The Herbal Alternative, located at 1531 Lebanon Road. 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 b. Bid Results on the 2015 Meter Relocation Materials. Director of Public Works Johnson stated that the City will be changing out meters that are currently located under houses in anticipation of the Automated Meter Reading Program to be instituted later this summer. He stated to expedite the project and get the best prices on parts, the City is purchasing the water meter materials to have on hand for the contractor to use in relocating the meters. He stated that eight responses were received in response to the bid and staff is recommending that the bid be awarded on each individual item to take advantage of the best price per item. He stated that the bid would be awarded as follows: Dana Kepner for $24,989.80; Ferguson for $41,195.60; Mountainland for $12,641.04; and CITY COUNCIL REGULAR MEETING APRIL 14, 2015 PAGE 4 Winwater for $900.00. He stated that the total award of $79,726.44 would be taken from the 2015 Capital Improvement Fund. In answer to a question from Mayor Pro-tem Keel, Director of Public Works Johnson stated that there are not any compatibility issues with the parts and that this project would be removing meters from under homes and placing them in pits behind the sidewalk. Councilmember Lucero moved that Council approve the 2015 Water Meter Relocation Materials bid to the four vendors as listed above for a total City of Cortez award of $79,726.44. 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. Acceptance of the Grant with the Colorado Water Conservation Board (CWCB), Authorization of the Mayor to Accept the Grant and Sign the Loan Documents with CWCB for the 2015 Automated Meter Reading Project, and Approval of Water Enterprise Resolution No. WE-2015-2, Series 2015. Director of Public Works Johnson stated that the City recently applied to the Colorado Water Conservation Board for a grant and a separate loan to replace the City’s manually-read water meters with electronic automated meters. He stated that the total estimated project cost is $1,200,000 and consists of the replacement of all the existing meters within the City’s service area (both residential and commercial accounts). He stated that the project will bring the City’s system into the future with a more streamlined billing system, data management, and conservation by providing City customers with accurate consumption information. He stated that the investment will provide 20 years or more of accurate billing and tracking and by incorporating a meter change- out program over the course of the effective life span of the meters will keep the City’s system up- to-date. He stated that CWCB approved a grant in the amount of $50,000.00 through the Water Efficiency Grant Fund and the City will invoice CWCB as work is completed. He stated that in addition, CWCB approved a loan in the amount of $858,500.00 (or such actual amount needed to finance the project costs). He stated that the City’s Water Enterprise Fund will be pledging revenues as collateral for the loan and will make annual payments as required by the contract. He stated that Water Enterprise Resolution No. WE-201502, Series 2015, approves the terms of a secured loan from the State of Colorado Water Conservation Board to the City of Cortez Enterprise for the replacement of manually read water meters with electronic automated meters, and authorizes the Mayor to execute the documents necessary to accomplish this project. He stated that staff recommends that the Mayor be authorized to execute all documents as required by the loan contract including a Promissory Note and Security Agreement. He stated that the loan would be for a ten year period and the City would only use the loan money that is needed to finalize the project. Director of Public Works Johnson spoke about the funding that would be provided by DOLA and CWCB grants as well as money that has been set aside in the City’s fund balance for this project. City Manager Hale stated that they would have a pretty good guess on what the project would cost when the bid is awarded, plus anticipated change orders. In answer to a question from Mayor Sheek, Director of Public Works Johnson stated that his goal is to have the project completed by October 1. Mayor Pro-tem Keel asked if there are some domiciles that cannot be connected to the automated system and Director of Public Works Johnson stated all the residents can be connected to the automated system; however, there may be some unknowns with the older commercial properties. It was noted that all the material possible would be recycled, such as the older meters and metals. CITY COUNCIL REGULAR MEETING APRIL 14, 2015 PAGE 5 Mayor Pro-tem Keel moved that Council approve Water Enterprise Resolution No. WE-2015-2, Series 2015, approving the terms of a secured loan from CWCB to replace manually-read water meters with electronic automated meters and authorizing the Cortez City Mayor to sign the Loan Contract Documents from CWCB, including, but not limited to the Loan Contract, Promissory Note, and Security Agreement. 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. Authorization of the Mayor to Sign the Grant Agreement between the State of Colorado Department of Local Affairs and the City of Cortez. Director of Public Works Johnson stated that the City of Cortez has been awarded an Energy and Mineral Impact Grant in the amount of $200,000.00 from the State of Colorado Department of Local Affairs, which is to be used towards the Automated Meter Reading Project and is the second part of the grant funding. He reviewed the various documents included in the Council packet in regard to the grant agreement and noted that staff recommends 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 $200,000 for the Water Meter Upgrades and Replacements Project. Councilmember Archibeque 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 $200,000.00 for the project EIAF 7692, Water Meter Upgrades and Replacements Project. 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 City Manager Hale commended Director of Public Works Johnson for all the great work he has done on moving the project forward. e. Award of Realtor Services. Director of General Services Smith stated that in 2014, the City acquired the Four Corners property that includes approximately 19 acres for use as an Industrial Park. He stated that the property currently has an office building and metal storage building on site and the City is seeking a professional realtor to help market the property. He stated that the City had conducted two formal bid processes for realtor services and both bid requests did not receive any proposals from realtors. He stated that it was suggested that staff contact the local realtors and request proposals from which two responses were received. He stated that staff is recommending that Council award the Realtor Services to Ken Williamson with a 6% fee. In answer to a question from Councilmember Lucero, Director of General Services Smith stated that the easements have been cleared up between the office building and metal storage building. Mayor Pro-tem Keel moved that Council award the Realtor Services to Ken Williamson with the fee of 6%. Councilmember Archibeque seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING APRIL 14, 2015 PAGE 6 Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes f. Ordinance No. 1198, Series 2015. City Manager Hale stated that Ordinance No. 1198, Series 2015, amends the International Residential Code, 2009 Edition. He stated that due to some recent interest from developers about a potential townhome development it was discovered that the 2009 International Residential Code had reduced the fire resistant wall between townhomes to one-hour from the two-hour requirement from the 2006 Code version. He stated that the reason for the reduction was because the 2009 version requires mandatory Fire Sprinkler systems for all residential construction; however, when the City adopted the 2009 version, the City chose to voluntarily remove the Fire Sprinkler requirement from the code for residential homes. He stated that the International Code Council (ICC) recommends requiring a two-hour fire rated wall in the absent of a Fire Sprinkler system to preserve the intent of the code as it was originally written. He stated that staff recommends that Ordinance No. 1198, Series 2015, be approved on first reading and set for a public hearing on April 28, 2015. Councilmember Lucero moved that Council approve on first reading, Ordinance No. 1198, Series 2015, amending the International Residential Code, 2009 Edition, and set for public hearing on April 28, 2015. 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 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. ADDITIONAL CITIZEN PARTICIPATION – None. 10. OTHER ITEMS OF BUSINESS a. 2015 Paradise Village Waterline Parts. Director of Public Works Johnson stated that the City of Cortez and the Cortez Sanitation District will be combining their efforts this summer to replace water and sewer mains in the Paradise Village Subdivision north of East Empire. He stated that the City will be installing approximately 600 lf of 10-inch storm water pipe; 80 lb of 8-inch waterline; 5,086 lf of 6-inch waterline; and all the associated smaller service line connections, fittings, valves, fire hydrant assemblies, inlets, and manholes. He stated that roll-back curb and gutter and sidewalks will then be installed and, upon completion, the City will repave the streets in the subdivision. He stated that to expedite the project and get the best prices on materials, the City will be purchasing the waterline parts to have on hand when the contractor starts the project. He stated that six responses were received and staff recommends that the bid be awarded to HD Supply for the amount of $57,184.86 and Mountainland for an amount of $41,233.80. He stated that the waterline parts were included in the 2015 Capital Improvement Fund as part of the 2015 Paradise Village Rehabilitation Project. In answer to a question from Mayor Sheek, Director of Public Works Johnson stated that the parts list in the bid was based upon engineered drawings and the City will be using some in-stock materials already in inventory. Councilmember Archibeque moved that Council approve the 2015 Paradise Village Waterline Parts CITY COUNCIL REGULAR MEETING APRIL 14, 2015 PAGE 7 Bid to the individually-highlighted vendors for a total City of Cortez award of $98,418.66. 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 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT – None. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the worksession information was shared on options to make the airport more financially stable and one option was the sale of the airport’s hangars. She stated that more information will be presented to Council in the future. She stated that an Executive Session was also held 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). b. Golf Advisory Board. Councilmember Archibeque stated that a Golf Advisory Board meeting was held on March 20, 2015, at the Pro Shop and Golf Pro Micah Rudosky reported that the course was able to open early due to the weather and revenue is up. He stated that Chad Balland has been promoted to Greens Keeper and the golf course is in good hands and is off to a good start. c. Montezuma County Economic Development Association (MCEDA). Councilmember McLaughlin stated that the MCEDA meeting held today included discussion on the annual meeting which will be held on April 29, 2015, from 11:30 a.m. to 1:00 p.m., at the Elks Club and that four of the board members will be term limited. She stated that she is head of the Membership Recruitment Board and they are now recruiting for new board members. She stated that discussion was also held on changes that may occur at the LaPlata County Airport and the board members reviewed the new MCEDA brochure which will be released soon. d. Library Advisory Board. Mayor Sheek stated that the Library Advisory Board meet on April 9, 2015, and it was announced that the Library has more traffic than the Recreation Center. She stated that staff is weeding through the collection of VHS videos to make more space in the Library. She started that Library Director Eric Ikenouye noted that the Library received a SPELL (Supporting Parents in Early Literacy) Grant and Library staff is working with the high school on weeding through their books prior to their move to the new building. She stated that the Library received the proceeds from the Montezuma Table special event which was held last month and was sold out. e. Orton Family Visit. City Manager Hale stated the Heart & Soul Orton Family will be visiting Cortez on Thursday, April 16, 2015, to discuss how to proceed with the data which was received over the past several years. He stated that the meeting will be held at the Service Center at 11:00 and lunch will be held at Once Upon a Sandwich. He stated that the meeting has been posted so that all of Council can attend if they would like to. CITY COUNCIL REGULAR MEETING APRIL 14, 2015 PAGE 8 The regular meeting was adjourned at 8:30 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk