City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, MAY 26, 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, Mayor Pro-tem Ty Keel, Bob Archibeque, Tom Butler, Orly Lucero, Shawna McLaughlin and Jim Price. 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, Airport Operations Technician Efrain Vaquera, 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 four 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 May 12, 2015. b. Approval of the payment of the Expenditure Vouchers of May 26, 2015. c. Approval of a renewal 3.2% Beer Retail Liquor License for Stokley Corp., DBA Handy Mart South, located at 806 ½ South Broadway, Cortez. d. Approval of a renewal Hotel and Restaurant Liquor License for Rosita Inc., DBA Tequila’s, located at 1740 East Main Street, Cortez. e. Approval of a renewal Hotel and Restaurant Liquor License for Fiesta Mexicana Restaurant No. 3 Inc., DBA Fiesta Mexicana, located at 430 North Highway #145, Cortez. f. Approval of a renewal Arts Liquor License and Change in Corporation for Community Radio Project, DBA KSJD, located at 2-8 East Main Street, Cortez. g. Approval of a Special Events Permit from the Special Olympics Colorado to host an event on Saturday, July 11, 2015. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure list totaling $64,492.38. 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 – None. 4. CITIZEN PARTICIPATION – None. CITY COUNCIL REGULAR MEETING MAY 26, 2015 PAGE 2 5. PUBLIC HEARINGS a. New Hotel and Restaurant Liquor License for Thai Cortez LLC. Chief of Police Lane was sworn in and stated that his office completed the investigation on the request for a new Hotel and Restaurant Liquor License applied for by Chotpachi Yapanya and Worawut Tikhao, owners of The Thai Cortez LLC, DBA Thai Cortez, located at 1430 East Main Street. He stated that the location of the restaurant meets the requirements of the Land Use Code as a permitted use and a public notice was posted on the property as well as placed in the Cortez Journal. He stated that several businesses in the area have the same type of liquor license and the poll conducted of the neighborhood noted that 60 people were in favor of granting the license, one was against, and four were neutral and did not wish to express an opinion. He stated that the location complies with the Colorado Liquor Code Rules and Regulations and the location does not create any known public safety or endanger public health. He stated that the Police Department does not have an issue with the liquor license being granted for the new restaurant. Mr. Tikhao stated that his restaurant has been open for approximately three months and some of their customers have asked for a beer or a glass of wine with their meal. He stated that the restaurant is open six days a week (Monday through Saturday) with lunch offered from 11:30 a.m. to 2:30 p.m. and dinner offered from 4:30 p.m. to 9:00 p.m. In answer to a question from City Attorney Green, Mr. Tikhao stated that he asked his customers to sign the petition in support of the issuance of their liquor license. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. She noted that the new Hotel and Restaurant Liquor License was a Quasi-Judicial item and asked if any Councilmember had discussed the item prior to the Council meeting; however, no one spoke. Mayor Pro-tem 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 Hotel and Restaurant Liquor License for Thai Cortez LLC, DBA Thai Cortez, located at 1403 East Main Street, Suite 2-3, Cortez. 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. 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 the City has allowed non-motorized boating, such as canoeing, on Denny Lake for several years and staff would like to have the code changed to reflect the actual practice. He stated that the Geer Natural Area also offers a body of water that would allow for use by non-motorized boats as well. He stated that staff requests the approval of Ordinance No. 1199, Series 2015, on final reading. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Archibeque moved that Council approve Resolution No. 1199, Series 2015, amending the Cortez City Code Section 19-2(c) swimming, wading, and boating in parks. Councilmember Price seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING MAY 26, 2015 PAGE 3 Archibeque Butler Keel Lucero McLaughlin Price Sheek Yes Yes Yes Yes Yes Yes Yes City Manager Hale thanked Director of Parks and Recreation Palmquist and his staff for all their work on the Geer Natural Area and the preparation for the ceremony which was held on Memorial Day. Director of Parks and Recreation Palmquist noted that it was a City-wide team effort to prepare the site and that the celebration was a success. c. Ordinance No. 1200, Series 2015. City Attorney Green stated that Ordinance No. 1120, Series 2015, amends the Cortez City Code regarding penalties for crimes committed and jury trial availability. He stated that the ordinance would save costs to the City by limiting the request for a jury trial by those that may be required to serve jail time. In answer to a question from Mayor Sheek, City Attorney Green stated that jail time is usually recommended for offenses that are more serious such as reckless driving, and/or crimes that may be alcohol related. He stated that traffic offenses where there is only a fine would not require a jury trial. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Lucero moved that Council approve Ordinance No. 1120, Series 2015, amending the Cortez City Code regarding penalties for crimes committed and jury trial availability. 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. 2015 Automated Reading Project Bid. Director of Public Works Johnson stated that two bids were received for the installation of approximately 3,550 automated meter units throughout the City. He stated that Neptune Technology Group was the low bidder and after negotiation for the direct pass through of invoices from their installer, Meter Works, the bid was reduced to $760,263.00. He stated that funding for the 2015 Automatic Meter Reading System project has been budgeted through the Water Enterprise Capital Project Fund. Discussion was held on the negotiations of the bid and Director of Public Works Johnson stated that Neptune Technology Group was the low bidder even before the negotiations. In answer to a question from Mayor Pro- tem Keel, Director of Public Works Johnson stated that the project is planned to begin towards the end of June and should be completed in less than 90 days. Councilmember McLaughlin moved that Council award the 2015 Automatic Meter Reading System to Neptune Technology Group in the amount of $760,263.00. 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 COUNCIL REGULAR MEETING MAY 26, 2015 PAGE 4 Mayor Sheek thanked the Public Works Department for all their work on the Geer Natural Area and Director of Public Works Johnson commented that it was a privilege to work on the memorial and that everyone played their part in bringing the project together. b. Resolution No. 10, Series 2015. City Planner Hughes stated that Resolution No. 10, Series 2015 would authorize the City Manager to be the signatory authority for DOLA (Department of Local Affairs) Energy Impact Assistance Fund Grant Contracts 7575 and 7692. She stated that Kirsten Sackett, previous Director of the Planning and Building Department, was listed as the responsible administrator on the documentation for the DOLA grant received for the re-write of the City’s Land Use Code. She stated that Ms. Sackett is no longer with the City and DOLA has recommended that the City Manager, Shane Hale, be authorized to sign on behalf of the City. Also, Director of Public Works Johnson has been listed as the responsible administrator for the Cortez Water Meter Upgrades and Replacements Project and DOLA has suggested that City Manager Hale be added to that project as a signatory authority which will provide additional personnel to submit reports to DOLA on behalf of that project as well. Councilmember Archibeque moved that Council approve Resolution No. 10, Series 2015, authorizing the City Manager as the signatory authority for the Energy Impact Assistance Fund Grant #7575 for the City of Cortez Land Use Code Rewrite, and Project #7692 pertaining to the City of Cortez Water Meter Upgrades and Replacements Project. 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. Award of the Re-write of the Land Use Code and Completion of a Three-Mile Plan. City Planner Hughes stated that the City has been awarded an Energy and Mineral Impact Grant in the amount of $100,000 to be used towards the re-write of the City’s Land Use Code. She noted that in addition, the City has been awarded a $50,000 grant from the Gates Family Foundation to put towards a Land Use Code and the City provided an additional $50,000 in matching funds towards the project. She stated that Request for Proposals (RFP) were received for the project which would include an updated Land Use Code and a Three-Mile Plan for the City. She stated that five bids were received and three of the five firms were interviewed by staff on May 5, 2015. She stated that staff is recommending that the contract for the re-write of the Land Use Code and the completion of the Three-Mile Plan be awarded to Kendig Keast Collaborative at a bid amount of $186,915.00. Mayor Pro-tem Keel asked what the project included and City Planner Hughes stated that the Land Use Code would not be completely re-written, as it would incorporate elements of the current code that remain relevant. She stated that the bid from Kendig Keast Collaborative includes up to eight visits to the community and the code, when complete, would be provided in several formats. In answer to a question from Mayor Sheek, City Planner Hughes stated that the Land Use Code re- write will include information that has been received from the Heart & Soul process as well as the City’s current Comprehensive Plan. City Manager Hale noted that several good proposals were received for the re-write of the City’s Land Use Code, though the bid from Kendig Keast Collaborative stood out as they put a lot of thoughtfulness into their proposal. He stated that Kendig Keast Collaborative has experience in writing Land Use Codes and recently completed a re- write of the code in Durango. City Planner Hughes stated that the new code would be user friendly CITY COUNCIL REGULAR MEETING MAY 26, 2015 PAGE 5 and the intent is to make the professional jargon simpler to understand. Mayor Pro-tem Keel moved that Council authorize the City Manager to sign the contract and exhibits with the firm Kendig Keast Collaborative to prepare a comprehensive rewrite of the Land Use Code and to complete a Three-Mile Plan. 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. Re-Award of the 2015 Greens Mower Bid. Director of General Services Smith stated that Council awarded the 2015 Greens Mower bid to C&M Golf at the last Council meeting on May 12, 2015. He stated that the sales rep for C&M Golf advised the City that they could not honor the bid amount in their proposal as they had made a mistake. He stated that the bid questionnaire had been answered correctly but they had failed to include the reels and grass catchers component amount in the overall bid price. He stated that the e-mail from Bruce Smith, Sales Representative for C&M Golf, was included in the Council packet and explains what happened on the bid. He stated that, as per bid procedures, the vendor was allowed to correct his error and provide the City with a new bid amount. He stated that the new bid amount was then compared to the proposals received and C&M Golf was still the low bidder. He stated that staff recommends that the City purchase the 2015 Greens Mowers, with an additional set of reels, from C&M Golf for a total purchase amount of $50,915.45. He stated that the bid amount is $9,084.55 below the budgeted amount. Mayor Pro-tem Keel moved that the Council award the Revised 2015 Greens Mower Bid to the low bidder C&M Golf for the Jacobsen units and include the additional sand reels as requested by the Golf staff at the amount of $4,342.65, for a total award amount of $50,915.45. 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 City Manager Hale thanked the General Services staff for their work on preparing the Geer Natural Area for dedication day. He stated that it takes everyone working together to bring such an event together. e. Sale of Airport Hanger and 40 Year Land Lease for Hangar S-1. City Attorney Green noted that there were some minor discrepancies in the lease and a new copy of the lease was prepared for Council’s table setting. He stated that the amount and the terms remain the same as was included in the Council packet. Airport Operations Technician Vaquera stated that Council had discussed at the April 14, 2015, workshop about the possibility of selling Hangar S-1 to help improve the Airport fund balance. He stated that the hangar was put up for bid with a minimum bid of $32,000. He stated that one bid was received for the hangar from Sean and Kathy Wells for a bid amount of $33,101.01. He stated that the hangar which was formerly leased by Triad Constructors brought in $4,094.50 annually in rent. He stated that the land lease will realize a prorated $1,583.37 for the remainder of 2015, along with $1,711.00 in hangar rent received through May, for a total revenue of $4,425.34 for 2015. He stated that the revenue from the sale can enable matching funds for State CITY COUNCIL REGULAR MEETING MAY 26, 2015 PAGE 6 and Federal grants and, with the current revenue downfall at the Airport, the sale of the hangar will enhance the Airport’s ability for a potential FAA grant offering in 2017. He stated that staff recommends Council award the sale of Airport Hangar S-1 and approve a 40 year land lease for Hangar S-1, to Sean and Kathy Wells. Councilmember Archibeque moved that Council award the sale of Airport Hangar S-1 and approve a 40 year lease for Hangar S-1, to Sean and Kathy Wells. 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. Police Department Carpet Replacement Bid. Director of General Services Smith stated that the 2015 Capital Budget provides $30,000 for replacement of all the carpet in the Cortez Police Department building. He stated that the carpet was installed when the building was originally constructed in 1996. He stated that one bid was received from Top Line Floors for an amount of $41,939.50. He stated that the bid is $11,939.50 over the budgeted amount; however, the Cortez Police Department has realized budget savings within their budget and can cover the amount that the bid is over-budget. Discussion was held regarding the color of the new carpet. Councilmember Lucero moved that Council award the 2015 Police Department Carpet Replacement Bid to Top Line Floors, Inc., at the bid amount of $41,939.50. 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. ADDITIONAL CITIZEN PARTICIPATION – None. 10. OTHER ITEMS OF BUSINESS – None. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT a. Geer Natural Area/Paradise Village Project. City Manager Hale extended one more thank you to the Police Department for their participation in the Geer Natural Area dedication. He also noted that an Open House would be held at the Cortez Recreation Center from 4:00 p.m. to 7:00 p.m., on Thursday, May 28, 2015, for the neighborhood to receive an update on the Paradise Village Project which will begin construction soon. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the worksession a presentation CITY COUNCIL REGULAR MEETING MAY 26, 2015 PAGE 7 was made by Lynn Soukup from the Pinon Project on the “Bridges out of Poverty.” 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)(3). b. Thank you City Manager Hale and Mayor Sheek. Council extended a thank you to City Manager Hale for all his work on the Geer Natural Area and Mayor Sheek for her words spoken at the dedication. The regular meeting was adjourned at 8:25 p.m. ________________________________ Karen Sheek, Mayor ATTEST: ___________________________________ Linda L. Smith, City Clerk