City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, MAY 12, 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 Pro-tem Ty Keel, Bob Archibeque, Tom Butler, Orly Lucero, Shawna McLaughlin and Jim Price. Mayor Karen Sheek was absent. Staff members present were Director of Parks and Recreation Dean Palmquist, Director of Planning and Building Sam Proffer, Director of Public Works Phil Johnson, City Planner Tracie Hughes, Director of Finance Kathi Moss, Director of General Services Rick Smith, Chief of Police Roy Lane, City Clerk Linda Smith, City Attorney Mike Green, and City Manager Shane Hale. There were eight 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 28, 2015. b. Approval of the payment of the Expenditure Vouchers of May 12, 2015. c. Approval of a renewal Hotel and Restaurant Liquor License for Ocean Pearl Cortez LLC, DBA Ocean Pearl Chinese Restaurant, located at 300 East Main Street, Cortez. d. Approval of a renewal 3.2% Beer Retail Liquor License for Maverick Inc., DBA Maverick #497, located at 455 State Street, Cortez. e. Approval of a renewal Hotel and Restaurant Liquor License for BMCJ Inc., DBA Stonefish Sushi and More, located at 16 West Main Street, Cortez. f. Approval of a Special Events Permit from the Montezuma Land Conservancy to host their annual Brewfest in Parque de Vida on Saturday, September 12, 2015. Councilmember Lucero moved that Council approve the Consent Agenda, with the additional expenditure list totaling $28,047.54. Councilmember Price seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes absent 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS a. Resolution No. 7, Series 2015. City Planner Hughes stated that Simone Sanchez has applied for CITY COUNCIL REGULAR MEETING MAY 12, 2015 PAGE 2 a conditional use permit to establish an educational music facility in the vacant building located at 100 North Pinon Drive. She stated that the proposal is to provide a music school that will offer group and individual music instruction for all ages. She stated that the property is .27 acres in size and the building is 1,315 square feet. She stated that the applicant plans to install soundproofing materials to the interior of the structure to provide insulation from exterior noise as well as to prevent negative impacts to the neighbors from the sound inside the structure. She stated that the proposal meets many of the goals within the Comprehensive Plan as well as the Land Use Code requirements. She stated that staff recommends approval of the conditional use permit to operate a music school on the property located at 100 North Pinon Drive, as submitted by Simone Sanchez, as outlined in Council Resolution No. 7, Series 2015, with four conditions. Mayor Pro-tem Keel opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Lucero commented that the proposal is a good use of the building. Councilmember Butler moved that Council approve an application for a conditional use permit to located a school for music instruction in an existing vacant building at 100 North Pinon, as submitted by Simone Sanchez, as outlined in Council Resolution No. 7, Series 2015, with four conditions of approval. Councilmember Price seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes absent 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Bid Results – 2015 Paradise Village Rehabilitation Project. Director of Public Works Johnson stated that the City of Cortez and the Cortez Sanitation District will be combining their efforts to replace water and sewer mains in the Paradise Village Subdivision this summer. He stated that the Cortez Sanitation District received approval from their board on Monday, May 11, 2015, for their portion of the project. He stated that six bids were received for the project and the low bidder was Redpoint Contracting for a total bid price of $2,313,966.00. He stated that Council held discussion on the project during the worksession. He stated that staff recommends that the bid be awarded to Redpoint Contracting for the negotiated bid price of $2,313,966.00. In answer to a question from Councilmember Lucero, Director of Public Works Johnson stated that the schedule for the project has been agreed upon by both the Cortez Sanitation District and City. Councilmember Archibeque moved that Council award the 2015 Paradise Village Rehabilitation Project to Redpoint Contracting at the negotiated bid price of $2,313.966.00 for the City’s portion of the project, which will include Phases 2 & 3, and the shared amount. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes absent b. Annual Self-Insured Health Fund Administration Contract and Stop-Loss Carrier. Director of Finance Moss stated that the City’s contract for the administration of its health insurance is renewed CITY COUNCIL REGULAR MEETING MAY 12, 2015 PAGE 3 each year, effective June 1. She stated that the City’s current claims administrator, Wells Fargo, has obtained quotes from various stop-loss carriers and noted that the quotes are ordinarily based on the prior year’s claim experience. She stated that due to several high claims that were filed over the last year, the City’s fixed costs increased by 12.9%. She stated that the City has chosen to increase their stop-loss portion from $50,000 to $60,000 in order to keep fixed costs down. She stated that the Employee Insurance Committee reviewed the options for the renewal and recommended approval of the contract between Summit and the City of Cortez for administration of the City’s self-insurance. Councilmember McLaughlin moved that the contract between Summit and the City of Cortez for administration of the City’s Self Insurance and the contract between IHC Risk Solutions for the City’s stop-loss coverage be approved. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes absent c 2015 Refuse Truck Bid. Director of General Services Smith stated that a new memo for the 2015 Refuse Truck Bid was given to Council prior to the meeting and included a different motion for purchase of the refuse truck. He stated that the Refuse Fund provides $160,000 for the purchase of a new refuse truck which includes the trade-in of unit #715. He stated that four proposals were received from two out-of-town vendors. He stated that the low bidder was Hanson Bid #3, with a Loadmaster body, for a bid amount of $140,847.00, which is $19,153.00 below the budgeted amount. In answer to a question from Councilmember Lucero, Director of General Services Smith stated that the delivery time for the refuse truck would be approximately 90 to 120 days. Councilmember Lucero moved that the 2015 Refuse Truck Bid be awarded to Hanson Equipment Bid #3, at a bid amount of $140,847.00 with trade-in. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes absent d. Award of Upstream Bandwidth Services. Director of General Services Smith stated that the City has taken the lead in providing upstream internet bandwidth for the local Government Network (Govnet) users. He stated that the users included in the Govnet are: Cortez School District, Montezuma County, Southwest Memorial Hospital, Southwest TV District, and the City of Cortez and the bandwidth also impacts the E-rate services for schools and libraries. He stated that four bids were received for the upstream bandwidth services and Cogent/Fast Track was the joint low bidder at a monthly amount of $3,936.80. He stated that the bandwidth will be increased to a full 1- GIG (1,000 Mbps) in place of the current 250 Mbps. He stated that the Govnet members have agreed to pay for the additional increase in cost for the additional bandwidth. He stated that the City’s impact will be $177.36 per month ($2,128.32 per year). Councilmember Lucero moved that Council approve the joint proposal from Cogent/Fast Track for the upstream connectivity at the amount of $3,936.80 per month for a 36 month term. CITY COUNCIL REGULAR MEETING MAY 12, 2015 PAGE 4 Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes absent e. 2015 Greens Mower Bid Award. Director of General Services Smith stated that the 2015 Equipment Fund provides $60,000 for the purchase of two greens mowers to be used at Conquistador Golf Course. He stated that units #542 and 543 will be traded in for the new mowers. He stated that three bids were received and C&M Golf was the low bidder. He stated that the Golf Course staff wanted to have the equipment demonstrated before making a recommendation and following the ‘mow-off’, staff is recommending that C&M Golf be awarded the bid at a total of $35,851.70 with trade-in. He stated that staff would also like to purchase an extra set of reels at a price of $4,342.65. In answer to a question from Mayor Pro-tem Keel, Director of General Services Smith stated that the extra set of reels would be used for top dressing the greens. Councilmember Archibeque moved that Council award the 2015 Greens Mower Bid to the low bidder – C&M Golf for the Jacobsen units and, that an additional set of reels be purchased, for a total bid award of $40,194.35. Councilmember Price seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes absent f. Resolution No. 9, Series 2015. City Planner Hughes stated that Resolution No. 9, Series 2015, amends Lots 7A and 7B, Block 7, of Montezuma Heights Subdivision. She stated that the applicant, Barbara Maness, would like to consolidate two lots on Balsam Street by vacating the lot line between Lots 7A and 7B, resulting in one consolidated lot to be named Lot 7C. City Planner Hughes stated that Lot 7C will be approximately .82 acres and has an existing utility easement of 20’ that runs along the east side of the existing lots, as well as a 20’ wide easement along the rear of the property. She reviewed the conditions for a replat from Section 6.09 of the City’s Land Use Code and noted that condition (9) allows the relocation of the lot lines as the property is owned by the same person. She stated that Empire Electric had noted that there may have been an underground feed to the southern lot at one time and the property owner should have a line locate prior to any excavation. She stated that staff recommends approval of the amended plat through Resolution No. 9, Series 2015, with two conditions. Councilmember Lucero moved that Council approve the Amended Plat of Lots 7A and 7B, Block 7, of Montezuma Heights Subdivision as submitted by Barbara Maness, through Council Resolution No. 9, Series 2015, with two conditions. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes absent g. Resolution No. 8, Series 2015. City Planner Hughes stated that Resolution No. 8, Series 2015, approves an encroachment permit into the public right-of-way for construction of a fence on CITY COUNCIL REGULAR MEETING MAY 12, 2015 PAGE 5 property located at 1702 Center Street. She stated that property owner Tim Miller would like to erect a fence which would extend into the City’s right-of-way approximately 5’ wide at the widest point. She stated that the application would be subject to the terms of a Revocable License Encroachment Permit which states that the landowner would be required to remove the fence and any other materials located in the right-of-way within 60 days should the City send a notice to vacate. She noted that the proposed fence is compatible with the adjacent residential existing uses and the fence will not pose any restrictions on adjacent businesses or properties. She stated that Planning and Zoning unanimously voted to approve the encroachment permit and staff is recommending approval of the Revocable License Encroachment Permit and Resolution No. 8, Series 2015, with three conditions. In answer to a question from Mayor Pro-tem Keel, City Manager Hale noted that the property is located close to the Kiwanis Park and though there isn’t a problem with the fence now, there may be a use for the right-of-way in the future, which is the reason for reserving the right to have the fence removed if there was ever a need. Councilmember McLaughlin moved that Council approve the application for an encroachment permit to erect a fence in the public right-of-way, for property located at 1702 Center Street, as submitted by property owner Tim Miller, and as outlined in the Revocable License Encroachment Permit and Resolution No. 8, Series 2015, with three conditions. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes absent h. Energy and Mineral Impact Assistance Grant. Chief of Police Lane stated that the Montezuma Communications Center has applied for a DOLA grant which would help to improve emergency communications in Montezuma and Dolores counties. He stated that the grant would fund the placement of a DTR (digital trunked radio) on Caviness Mountain. He stated that Southwest Colorado Television Association has agreed to allow the equipment to be placed on their tower and to supply a building and the generator as well. He stated that the State of Colorado Office of Information Technology has agreed to complete the installation as an in-kind match to the grant. He spoke about the current towers and noted that the new tower location should improve communication in Mancos and McElmo Canyon. Councilmember Archibeque moved that Council approve the Department of Local Affairs (DOLA) Energy and Mineral Impact Assistance Grant for improvement of emergency services communications for tower assistance in Montezuma and Dolores Counties. Councilmember Butler seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes absent i. New Hotel and Restaurant Liquor License Request for Thai Cortez LLC. City Attorney Green stated that Thai Cortez LLC, located at 1430 East Main Street, Suite 2-3, has applied for a new Hotel and Restaurant Liquor License. He stated that the neighborhood boundaries and the public hearing date of May 26, 2015, needs to be set for Council to review the new license application. CITY COUNCIL REGULAR MEETING MAY 12, 2015 PAGE 6 Councilmember Price moved that a public hearing date for May 26, 2015, and the neighborhood boundaries be set as the City limits for a new Hotel and Restaurant Liquor License for Thai Cortez LLC, DBA Thai Cortez, located at 1430 East Main Street, Suite 2 and 3. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes absent j. Ordinance No. 1199, Series 2015. Director of Parks and Recreation Palmquist stated that Ordinance No. 1199, Series 2015, amends the Cortez City Code Section 19-2(c), swimming, wading and boating in parks. He stated that currently the City of Cortez Municipal Code states that the City does not allow swimming, wading or boating on any lake, lagoon or other water facilities located in any City park without written permission of the Parks and Recreation Director. He stated that for several years the City has allowed non-motorized boating, such as canoeing, on Denny Lake, and the change to the code would reflect the use which has already been in practice. He stated that the ordinance would also include the use at the recently purchased Geer Natural Area. He stated that Andy Brown of the Division of Wildlife has been notified of the change for the two properties and has stated his support for the idea. Discussion was held about the depth of the water at Geer Natural Area. Councilmember Lucero moved that Council approve on first reading, Ordinance No. 1199, Series 2015, which amends the Cortez City Code Section 19-2(c), swimming, wading and boating in parks, and set a public hearing for May 26, 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 absent k. Ordinance No. 1200, Series 2015. City Attorney Green stated that Ordinance No. 1200, Series 2015, amends the Cortez City Code regarding penalties for crimes committed and jury trial availability. He stated that one of the determining criteria for State and local courts for setting of a trial jury is if the penalty would include jail time. He stated that the legislation has changed and Ordinance No. 1200, Series 2015, would amend language in Section 17-16A regarding sentencing in Municipal Court and Section 17-10 regarding the right to jury trial. He stated that the changes would save costs to the City while yet maintaining a defendant’s rights to trial for serious offenses. Councilmember Lucero moved that Council approve on first reading, Ordinance No. 1200, Series 2015, amending the Cortez City Code regarding penalties for crimes committed and jury trial availability, and set for public hearing on May 26, 2015. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes absent l. Dolores Water M&I Lease. City Manager Hale stated that the City currently leases 2,300 acre feet of water per year from the Dolores Project to supplement the City’s summer water usage. He CITY COUNCIL REGULAR MEETING MAY 12, 2015 PAGE 7 stated that historical use of the water shows that the City typically underutilizes a portion of the City’s allotment each year. He stated that the City has been approached about the idea of leasing a portion of the unused M&I allotment to the Dolores Water Conservancy District as they have a list of agricultural users that need more water for irrigation. He stated that Council had previously expressed that they would be open to the concept of leasing out some of the extra water that the City doesn’t use if it would support the local agricultural community. He stated that the City will receive payment of $31.15 per acre foot, or $31,150 for the one-year agreement. Mayor Pro-Tem Keel stated that it is good the City can recoup some money for the unused water and that the agriculture community can use it. Councilmember McLaughlin moved that Council authorize the City Manager to execute a one-year lease of M&I Water from the City of Cortez to the Dolores Water Conservancy District for Supplemental Irrigation Use. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes absent 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 – None. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor Pro-tem’s Report on Workshop. Mayor Pro-tem Keel stated that during the worksession discussion was held on the Paradise Village Rehabilitation Project and the preparation for the Geer Natural Area dedication which will be held on Memorial Day. He stated that Council sends their condolences to Mayor Karen Sheek and her family during this difficult time. b. Montezuma County Economic Development Association (MCEDA). Councilmember McLaughlin stated that new officers were installed and term limited officers were recognized at the MCEDA meeting held on May 12, 2015. She stated there is still one vacancy on the board for a business member. c. Cortez Historic Preservation Board. Mayor Pro-tem Keel stated that discussion at the Cortez Historic Preservation Board meeting included information on the Historical Preservation Day which will include historic talks at the Sunflower Theater on May 16, 2015. He stated that discussion was also held on City historic boundaries. CITY COUNCIL REGULAR MEETING MAY 12, 2015 PAGE 8 The regular meeting was adjourned at 8:30 p.m. ________________________________ Ty Keel, Mayor Pro-tem ATTEST: ___________________________________ Linda L. Smith, City Clerk