City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, DECEMBER 12, 2017 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, Jill Carlson, Orly Lucero, and Shawna McLaughlin. Councilmember Tim Miller was absent. Staff members present were Finance Director Kathi Moss, Director of General Services Rick Smith, Grants and Special Projects Chris Burkett, Associate Planner Neva Connolly, Director of Public Works Phil Johnson, Police Chief Roy Lane, City Clerk Linda Smith, City Manager Shane Hale, and City Attorney Mike Green. Also present were the following staff members receiving their anniversary awards: Sweeper Operator Larry Grider, Executive Assistant to City Manager Dawn Lightenburger, Animal Control Officer Lari Ann Pope, Account Clerk A/P Cashier M.J. Rieke, Sr. Parks Worker/Equipment Maintenance Lyle Bair, Children’s Librarian Laura McHenry, Public Works Senior Operator Josh Gritz, Library Clerk Kathy Berg, Fire/Building Inspector Sean Canada, and Patrol Officer Boyd Neagle. There were 21 people 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 28, 2017. b. Approval of the payment of the Expenditure Vouchers of December 12, 2017. c. Approval of a renewal Hotel and Restaurant Liquor License for Food 4 U Inc., DBA Lotsa Pasta, located at 1020 South Broadway, Cortez. d. Approval of a renewal 3.2% Beer Retail Liquor License for Wal Mart Stores Inc., DBA Wal Mart Store #0966, located at 1835 East Main Street, Cortez. e. Approval of a renewal Hotel and Restaurant Liquor License for El Burro Pancho LLC, located at 125 East Main Street, Cortez, and a Change in Trade Name from El Burro Pancho to Gustavo’s Authentic Mexican Restaurant and Bar. f. Approval of a renewal 3.2% Beer Retail Liquor License for Safeway Store Forty Six Inc., DBA Safeway Store #1892, located at 1580 East Main Street, Cortez. g. Approval of a renewal Liquor Store License and Tasting Permit for West Slope Liquors Inc., DBA West Slope Liquors, located at 2212-1 East Main Street, Cortez. Mayor Pro-tem Keel moved that Council approve the Consent Agenda, with the additional expenditure list totaling $151,007.36. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes CITY COUNCIL REGULAR MEETING DECEMBER 12, 2017 PAGE 2 3. PRESENTATIONS Mayor Sheek stated that the strength of any organization is the employees which work for them. She stated that it is a honor to recognize the milestones for the following employees: 30 years (1987) Laurie Black and Larry Grider; 25 years (1992) Linda Smith; 20 years (1997) Dawn Lightenburger, Lori Johnson, Lari Ann Pope, Martha Robinson; 15 years (2002) Andrew Condon; 10 years (2007) M.J. Rieke, Lyle Bair, Laura McHenry, Josh Gritz, Brad Harrison, Kathy Berg, Shay Allred; and 5 years (2012) Sean Canada, Jessica Marlman, Michael Moran, and Boyd Neagle. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS a. Resolution No. 31, Series 2017. Associate Planner Connolly stated that Resolution No. 31, Series 2017, approving the rezoning of Lot A-3 of the Morningside Tract A Minor Subdivision. She stated that Gerald and Donna Tanner have applied to legally subdivide Tract A of the Morningside Subdivision which was at some point illegally subdivided into several lots. She stated that the minor subdivision process will legalize the lots and allow the applicants to develop Lot A-3 with a single-family residence. She stated that the property is zoned Residential Single-Family (R-1) and noted that the proposal meets the requirements of Land Use Code Section 6.11(a). She stated most of the staff comments were directed to the development of the lot and can be resolved at the building permit process. She stated that staff recommends approval of the minor subdivision through Resolution No. 31, Series 2017, with two conditions. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Lucero moved that Council approve Resolution No. 31, Series 2017, approving the rezoning of Lot A-3 of the Morningside Tract A Minor Subdivision, with two conditions. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes b. Ordinance No. 1234, Series 2017. Director of Finance Moss stated that Ordinance No. 1234, Series 2017, approves the appropriation of supplemental funds, rectifies budgeted excesses, and makes budget revisions for the 2017 fiscal Budget. She stated that the 2017 Budget was reduced $881,786 from the originally proposed budget. She stated that most of the items were due to carry- overs that will be moved to the 2018 Budget, or were minor adjustments. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Carlson moved that Council approve on final reading Ordinance No. 1234, Series 2017, appropriating supplemental funds, rectifying budgeted excess, and making budget revisions for the 2017 Budget. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes CITY COUNCIL REGULAR MEETING DECEMBER 12, 2017 PAGE 3 c. Ordinance No. 1235, Series 2017. Director of Finance Moss stated that Ordinance No. 1235, Series 2017, approves the annual appropriations for the fiscal year beginning January 1, 2018, and ending December 31, 2018, and sets the mill levy for 2018. She stated that the budget process began in July and hearings were held during Council worksessions in October and November. She stated that the mill levy would be set per the TABOR calculation at 1.21 mills. City Manager Hale noted that some changes were made to the ordinance since first reading due to discussion held at the previous worksession. He stated that the total expenditures projected for the 2018 Budget is $32,276,181. 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. 1235, Series 2017, approving the annual appropriations for the fiscal year beginning January 1, 2018, and ending December 31, 2018, and setting the mill levy for 2018. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes Mayor Sheek thanked staff for their hard work on the budget and commended Director of Finance Moss and City Manager Hale for their leadership in bringing Council a budget that is manageable and allows the City to move forward. 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Appointments to the Public Art Advisory Committee. Library Director Ikenouye stated that eight letters of interest were received for the newly created Public Art Advisory Committee. He noted that the eight applicants were interviewed by Council during the workshop and a random draw was conducted for the various terms. He stated that the following applicants are being recommended for appointment: Sonja Horoshko and Heidi Brugger will serve three-year terms; Aaron LeMay and Brandon Shubert will serve two-year terms; Kirbi Vaughn and Dan Simplicio will serve a one-year term; and the student representative Corinne Damore-Rome will serve a one- year term. Councilmember McLaughlin moved that the seven members as noted by Library Director Ikenouye be appointed to the Public Art Advisory Committee. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes b. Ordinance No. 1233, Series 2017. Associate Planner Connolly stated that Ordinance No. 1233, Series 2017, approves the rezoning of Lots 1-5 and the West 17.2’ of Lot 6 of Cornett’s Subdivision, addressed as 1002 East Empire Street, from Multi-family Residential (R-2) to Neighborhood Business (NB) Zone. She stated that Chris and Laurie Hutton, applicants and CITY COUNCIL REGULAR MEETING DECEMBER 12, 2017 PAGE 4 owners of the property addressed as 1002 East Mildred, have applied to the City to rezone the same property from Multi-family Residential (R-2) zone to Neighborhood Business (NB) zone. She stated that the property is located on the northeast corner of Mildred and Empire and Streets and is a total of 0.039 acres in size. She stated that the applicants are seeking to open a small coffee shop and farmers market on the property and the current Land Use Code does not allow restaurants or markets in the R-2 zone. She noted that the use would be allowed in the Neighborhood Business as ‘neighborhood commercial’ as the use would primarily serve the residents within the immediate neighborhood. She stated that the surrounding uses in the vicinity of the proposed rezoning is a mix of residential and non-residential including the parks, the County Courts, and Osprey Headquarters. She reviewed the requirements for rezoning under Section 6.02 of the Land Use Code and noted that the land does not appear to have been zoned in error; however, there is nothing precluding the development of the parcel in a manner consistent with current zoning and goals of the City’s Comprehensive Plan. She noted that the area for which the rezoning is requested has changed or is changing to such a degree that it is in the public’s interest to encourage redevelopment of the area. She stated that staff recommends that Ordinance No. 1233, Series 2017, be approved on first reading and set for public hearing on January 9, 2018. In answer to a question from Councilmember Carlson, Associate Planner Connolly stated that currently there is a food cart on the property; however, the applicants would like to construct a permanent structure. Discussion was held on the availability of utilities to the property and the concern of traffic in the area. Associate Planner Connolly stated that a traffic study would be completed during the site plan review. Councilmember Lucero moved that Council approving on first reading Ordinance No. 1233, Series 2017, approving an ordinance to rezone Lots 1-5 and the West 17.2’ of Lot 6 of Cornett’s Subdivision, addressed as 1002 East Empire Street, from Multi-family Residential (R-2) to Neighborhood Business (NB) zone, and set for public hearing on January 9, 2018. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes c. Resolution No. 36, Series 2017. Grants and Special Projects Burkett stated that Resolution No. 36, Series 2017, supports the application for a grant between the City of Cortez and the Colorado Historical Society. He stated that the City has received five Certified Local Government (CLG) grants over the past several years and would like to apply for a new grant to be used for converting the current walking tour brochures of Montezuma Avenue, Ash and First Streets to podcasts. He shared a picture of the counter cards advertising the podcast and noted that the podcast would allow information of the walking tour to be available to a much larger audience and bring the historic preservation program into the 21st century. He stated that the podcasts would mesh with the podcasts that were recently produced by Mesa Verde Country and would be uploaded to the Mesa Verde Country and City of Cortez web sites. He stated that the grant is for $6,715 and does not require any matching funds from the City. He stated that the grant application deadline is January 15, 2018, and the board would be requesting to utilize the grant funds to hire a consultant to create the podcasts and a contractor to produce the counter cards. He stated that Council is required to approve a resolution prior to the submittal of the grant request. Mayor Pro-tem Keel moved that Council approve Resolution No. 36, Series 2017, supporting the CITY COUNCIL REGULAR MEETING DECEMBER 12, 2017 PAGE 5 application for a grant between the City of Cortez and the Colorado Historical Society to be used for the purpose of converting the current walking tour brochures of Montezuma Avenue and Ash and First Streets to podcasts and producing counter cards to publicize the podcasts. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes d. Resolution No. 35, Series 2017. Director of Parks and Recreation Palmquist stated that Resolution No. 35, Series 2017, sets the fees and charges for the Cortez Parks and Recreation facilities, programs, and services. He stated that in keeping with the philosophy established by Council that certain facilities, services, and programs should be self-sufficient or a percentage of self-sufficient, fees are being increased for the Conquistador Golf Course, outdoor pool rental, and Playground Days/After School program. He stated that an adult soccer program is also being established. He stated that the annual pass for the Recreation Center will now include all fitness classes with the exception of SilverSneakers classes. In answer to a question from Mayor Sheek, Director of Parks and Recreation Palmquist stated that SilverSneakers has a contract with the City that requires payment for the classes separate from the membership fee. City Manager Hale stated that the City can now include the fitness classes as part of the pass holders admission as the instructors are City employees. Councilmember Lucero moved that Council approve Resolution No. 35, Series 2017, sets the fees and charges for the Cortez Parks and Recreation facilities, programs, and services for 2018. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes e. Resolution No. 37, Series 2017. Director of Public Works Johnson stated that Resolution No. 37, Series 2017, sets the fees and charges for Public Works services and materials. He stated that the changes to the fees for Public Works include the minimum fee ($65 to $70) for the flatbed truck rental due to the increased tipping fees at the landfill. He stated that additional fees for overweight and appliances are also charged. He stated that the fee for a right-of-way permit issued by the Engineering Division has not increased; however, the patch-back fees were increased approximately 15% overall to help cover the cost of materials. He stated that staff recommends approval of the resolution. Councilmember Archibeque moved that Council approve Resolution No. 37, Series 2017, setting the fees and charges for Public Works services and materials for 2018. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes f. Resolution No. 33, Series 2017. Director of Public Works Johnson stated that Resolution No. 33, Series 2017, establishes refuse collection rates for the City of Cortez to be effective January 1, CITY COUNCIL REGULAR MEETING DECEMBER 12, 2017 PAGE 6 2018. He stated that staff periodically reviews the fund to ensure it will stay fiscally able and the City can maintain services. He stated that rate increases at the County landfill, in addition to fuel costs, equipment costs, and volatility in the recycling market have prompted a proposed 5% increase in the dumpster pickup fees for 2018. He stated that residential rates will be increase by $1 a month and commercial service will increase 5% accordingly. He stated that the dumpster lock fee will increase from $25 to $40 per lock as the City maintains the locking mechanism. Mayor Pro-tem Keel moved that Council approve Resolution No. 33, Series 2017, establishing the Refuse Collection rates for the City of Cortez effective January 1, 2018. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes g. Resolution No. WE-2017-1, Series 2017. Director of Public Works Johnson stated that Resolution No. WE-2017-1, Series 2017, establishes the Water Rate and Water Development Charges for the City of Cortez Water Enterprise to be effective January 1, 2018. He stated that after discussion with Council, staff is proposing to increase the water rates by approximately 10%. He stated that the minimum rate for a residential ¾-inch water meter, which includes the first 1,000 gallons, will increase from $19.80 to $21.80 a month. In addition, the water rate usage charge per 1,000 gallons of water used, over the first 1,000 galloons will increase from $2.65 to $2.92 He stated that the commercial water dock fee will increase from $15.00 to $16.50 for 1,000 gallons and tap fees are proposed to increase from $4,819 to $5,301 for a 3/4” water tap with proportionate increase for larger taps. He stated that staff recommends approve of Resolution No. WE-2017-1, Series 2017. Councilmember Lucero moved that Council approve Resolution No. WE-2017-1, Series 2017, establishing the Water Rate and Water Development Charges for the City of Cortez Water Enterprise to be effective January 1, 2018. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes h. Resolution No. WE-2017-2, Series 2017. Director of General Services Smith, stepping in for Finance Director Moss, stated that Resolution No. WE-2017-2, Series 2017, approves the annual budget for the City of Cortez Water Enterprise for the year 2018, and adopts the revised budget for the year 2017. He stated that Ordinance No. 1138, Series 2010, established the City of Cortez Water Enterprise with Section 6 requiring the City Council, as the board of the City of Cortez Water Enterprise, to adopt an annual budget separate from the City’s general budget. He stated that Ordinance No. 1235, Series 2017, adopts the 2018 Budget for the Water Enterprise in the amount of $3,898,512 and Ordinance No. 1234, Series 2017, adopts the revised 2017 Budget for the Water Enterprise in the amount of $3,608,161. He stated that through the approval of Resolution No. WE- 2017-2, Series 2017, Council as fulfilled their obligation as the board of the City of Cortez Water Enterprise. CITY COUNCIL REGULAR MEETING DECEMBER 12, 2017 PAGE 7 Councilmember McLaughlin moved that Council approve Resolution No. WE-2017-2, Series 2017, approving the annual budget for the City of Cortez Water Enterprise for the year 2018, and adopting the revised budget for the year 2017. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes i. Resolution No. HE-2017-1, Series 2017. Director of General Services Smith, stepping in for Finance Director Moss, stated that Resolution No. HE-2017-1, Series 2017, approves the annual budget for the City of Cortez Hydro Electric Power Plant Enterprise for the year 2018, and adopts the revised budget for the year 2017. He stated that City Council passed Ordinance No. 1132, Series 2009, which established the City of Cortez Hydro Electric Power Enterprise. He stated that Section 6 of the ordinance requires that City Council, as board of the Hydro Electric Power Enterprise, adopt an annual budget separate from the City’s general budget. He stated that Ordinance No. 1235, Series 2017, adopts the Hydro Electric Power Enterprise 2018 Budget in the amount of $142,897 and Ordinance No. 1234, Series 2017, adopts the revised 2017 Budget in the amount of $142,897. He stated that City Council will fulfill their obligation as the board of the Cortez Hydro Electric Power Enterprise with the adoption of the resolution. In answer to a question from Mayor Pro-tem Keel, Director of Public Works Johnson stated that the Hydro Electric Plant was evaluated about a year ago and is sound and in good shape. He stated that there may be some electrical parts that may be replaced over time and Council was invited to visit the plant which is located next to the water plant. Mayor Pro-tem Keel moved that Council approve Resolution No. HE-2017-1, Series 2017, approving the annual budget for the City of Cortez Hydro Electric Power Plant Enterprise for the year 2018, and adopting the revised budget for the year 2017. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes j. Cortez Sanitation District Water Billing Consumption Information Agreement. City Manager Hale stated that the City has provided meter data to the Cortez Sanitation District since 2016 and the two-year agreement will expire on December 31, 2017. He stated that staff met with Jan Nelson, Director of the Sanitation District in October to go over the agreement and discuss any necessary changes. He stated that staff recommends an incremental increase from $1,000/month to $1,100/month for providing the data. He stated that the District has reviewed the agreement and the board has approved the change. Councilmember Lucero moved that Council authorize the Mayor to sign the Water Billing Consumption Information Agreement between the City of Cortez and Cortez Sanitation District. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes CITY COUNCIL REGULAR MEETING DECEMBER 12, 2017 PAGE 8 k. Pay Invoices through 2017. City Manager Hale stated that Council has historically approved the payment of invoices through the end of the year. He stated that Council will not be meeting again before the New Year and asked that Council approve the payment of expenditure vouchers through the end of the year. He stated that the expenditure list will be provided to Council in the first Council packet in January 2018. Mayor Pro-tem Keel moved that Council approve the payment of outstanding invoices through December 31, 2017. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes l. 2017 FTTH Feasibility and Business Case Study. Director of General Services Smith stated that during previous workshop discussions with Council it was approved to proceed with a Fiber to the Home (FTTH) feasibility and business case study. He stated that the study would include a high level design and design review to develop accurate cost estimates for the feasibility and business case. He stated that the study would also include options for operations and open access versus single provider. He stated that five responses from out-of-town engineering consulting firms were received for the RFP and a committee short listed the firms to three. He stated that an on-sight interview was held with the three firms and staff is recommending that Finley Engineering/CCG is the best fit for the project. He stated that in addition to the study, there may be a need to do a scientific survey study after the preliminary feasibility development is complete. He stated that staff recommends Council award the 2017 FTTH Feasibility Study to Finley Engineering and CCG at the proposed amount of $56,000 and allow for an add-on survey if the preliminary study warrants. In answer to a question from Mayor Pro-tem Keel, City Manager Hale stated that Finley Engineering feels the scientific survey could be conducted after the feasibility options are completed and Director of General Services Smith stated that the study would take approximately 120 days. Mayor Pro-tem Keel moved that Council award the 2017 FTTH Feasibility Study to Finley Engineering/CCG at the proposed amount of $56,000.00 and allow for an add-on survey if the preliminary study warrants. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Miller Sheek Yes Yes Yes Yes Yes absent Yes 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. 10. ADDITIONAL CITIZEN PARTICIPATION – None. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT CITY COUNCIL REGULAR MEETING DECEMBER 12, 2017 PAGE 9 a. Recycling Resources Economic Opportunity (RREO) Mini-Grant Approval. City Manager Hale stated that the City received notice that a RREO grant was awarded to the City for the purchase of a curbside collection (recycling) truck. He stated that the amount of the award was $25,000. He thanked Colby Early, Phil Johnson, and Chris Burkett for their work on grant. In answer to a question from Mayor Pro-tem Keel, Director of Public Works Johnson stated that the old recycling truck body will be repurposed on a trailer and the chassis will be sold. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the workshop a presentation was made by Laurie Knutson regarding support for Philanthropy Days to be held in September 2018. Also, interviews were conducted with eight applicants for the Public Arts Committee. Council adjourned to Executive Session for discussion of 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. Mayor Sheek thanked staff for the wonderful meal which was prepared for Council prior to the meeting and she wished everyone a Merry Christmas and Happy New Year. The regular meeting was adjourned at 8:35 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ________________________________ Linda L. Smith, City Clerk