City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 27, 2018 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, Orly Lucero, and Shawna McLaughlin. Councilmember Jill Carlson was absent. Staff members present were Director of Planning and Building Sam Proffer, Director of Parks and Recreation Dean Palmquist, Director of General Services Rick Smith, Police Chief Roy Lane, Sr. Parks Workers Lyle Bair, Parks Superintendent Mark Boblitt, City Intern Peyton Heitzman, City Clerk Linda Smith, City Manager Shane Hale, and City Attorney Mike Green. There were six people in the audience. Mayor Sheek took a moment to offer condolences to the students/families of Margory Stoneman Douglas High School in Parkland, Florida. 2. The Consent Agenda items acted upon by Council were as follows: a. Approval of the Worksession and Regular Meeting Minutes of February 13, 2018. b. Approval of the payment of the Expenditure Vouchers of February 27, 2018. c. Approval of a renewal Retail Marijuana Store License for Southwest Sunshine LLC, DBA Doobie Sisters, located at 695 North Broadway, Cortez. d. Approval of a Special Event Permit for the Cortez Area Chamber of Commerce to sponsor the ‘Business After Hours’ on March 8, 2018, at the Cortez Adult Education Center, located at 10 West Main Street, Suite 110, Cortez. e. Approval of a Special Event Permit for Cortez Retail Enhancement Association to host an anniversary party on February 28, 2018, for Colorado Love Outdoors, located at 28 West Main Street, Cortez. Mayor Pro-tem Keel moved that Council approve the Consent Agenda with the additional expenditure list totaling $45,503.32. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes absent Yes Yes Yes Yes 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS – None. 6. UNFINISHED BUSINESS – None. CITY COUNCIL REGULAR MEETING FEBRUARY 27, 2018 PAGE 2 7. NEW BUSINESS a. Bid Results for 60-Inch Zero Turn Mower. Director of General Services Smith stated that the Equipment Fund Budget provides $18,000 for a zero turn 60-inch mower. He stated that the new unit would replace a Kubota mower that is used by the Parks Department to mow the park. He stated that ten bid responses were received from five firms. He stated that some firms had bid multiple units and two bidders are considered local vendors by City policy. He reviewed the two bids which met specifications and stated that the Parks Department prefers the John Deere model from Stotz Equipment. Parks Superintendent Boblitt explained that Mesa Verde Motors was the low bidder; however, they did not meet the specifications for the hydraulic lift. He shared a picture of the new mower with Council and stated that the tires have no air in them. He stated that with the use of the mower at different places in the community, the new mower can travel longer distances and hopefully there will be better use of the mower having the airless tires going over curbs. Mayor Pro-tem Keel moved that Council award the 60-Inch Zero Turn Mower to Stotz Equipment at the bid price of $11,900. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes absent Yes Yes Yes Yes b. Bid Results for 2018 Rotary Park and South Softball Complex Infield Mix. Director of Parks and Recreation Palmquist stated that after input was received from the community in the Parks, Recreation, and Forestry Advisory Master Plan, it was noted that there were safety concerns about the South Softball Complex infields. He stated that the north softball field received replacement infield mix in 2017 and the south ballfield is scheduled for replacement this year. He stated that also, the middle ballfield at the Rotary Park is slated for replacement of the infield as well. He stated that one bid was received for the infield mix from All American Sports Material, out of Milliken, Colorado, with a bid of $30,900 for 300 tons delivered ($103 per ton). He stated that the Parks Division has purchased infield mix product from All American Sports Material for the past two years with great results. He stated that staff would like to recommend that the tonnage be increased to 385 tons at the unit price of $103 per ton for a total amount of $39,655, which is still under the budgeted amount of $40,000. He stated that the extra mix could be used to complete the west ball field at the South Softball Complex or one of the other ball fields at the Parque de Vida complex. Councilmember Lucero moved that Council award the 2018 Rotary Park and South Softball Complex Infield Mix bid to All American Sports Material at a bid amount of $39,655 to provide delivered, red, infield mix for the Parks Maintenance Division’s softball and baseball infield projects. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes absent Yes Yes Yes Yes c. Appointments to the Parks and Recreation, and Forestry Advisory Board. Director of Parks and Recreation Palmquist stated that the Parks, Recreation, and Forestry Advisory Board consists of CITY COUNCIL REGULAR MEETING FEBRUARY 27, 2018 PAGE 3 nine voting members and currently there are three adult vacancies on the board. He stated that letters of interest were received from Tim Kline and Kevin Mullikin to serve on the Advisory Board. He stated that the Parks, Recreation, and Forestry Advisory Board interviewed the two applicants at their meeting on February 16, 2018, and recommended that Mr. Kline and Mr. Mullikin be appointed for two-year terms. Director of Parks and Recreation Palmquist stated that Council may either choose to interview each candidate prior to making its decision, or forego the interviews and appoint the two applicants to the board. Councilmember McLaughlin moved that Council appoint Kevin Mullikin and Tim Kline to the Parks, Recreation, and Forestry Advisory Board. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes absent Yes Yes Yes Yes d. Professional Services Contract with Wayne Becker. Director of Parks and Recreation Palmquist stated that Tom Kramlich began his position as the new Golf Course Superintendent on Monday, February 12, 2018. He stated that Mr. Kramlich needs some assistance regarding usage and past programming of the irrigation control system, irrigation system layout, and other working knowledge relevant to the golf course. He stated that Wayne Becker retired in January 2018 and has offered to provide consulting services to help Mr. Kramlich with the various aspects of the course. He stated that the City will pay up to a lump sum of $1,600 for 40 hours of contractual services and if needed, upon approval by the Parks and Recreation Director, will pay an additional $40 per hour should additional time be needed. He stated that the City will also cover the short- term liability insurances costs by reimbursing Mr. Becker for the expense. Director of Parks and Recreation Palmquist spoke about the cost of the insurance and stated that the consulting services would not exceed $2,000. Mayor Pro-tem Keel stated that he appreciates that Mr. Becker would come back and help in the transition as he has a wealth of information on the golf course Mayor Pro-tem Keel moved that Council approve the Professional Services Contract for Wayne Becker to provide consulting services not to exceed $2,000, unless approved by City Management. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes absent Yes Yes Yes Yes e. Ordinance No. 1240, Series 2018. Director of Planning and Building Proffer stated that the City of Cortez utilizes the International Code Council (ICC) family of ‘model’ building codes (I-codes) and is currently using the 2009 edition of the codes. He stated that the code books are used to regulate construction, remodeling, and maintenance of buildings within the City limits. He stated that the I-codes are used in all fifty states and is the State of Colorado’s building code for all school and state building projects. He stated that the I-codes are updated every three years to keep up with evolving technology and building methods. He stated that code hearings are held annually and voted on by stakeholders such as the National Home Builders Association. He noted that most jurisdictions in Colorado (Durango, Pagosa Springs, and other western slope jurisdictions) are using the 2015 editions and some have transitioned to the 2018 version. He stated that the City of Cortez CITY COUNCIL REGULAR MEETING FEBRUARY 27, 2018 PAGE 4 needs to update in order to stay abreast of changes. He stated that the Planning and Building Department conducted two open meetings in 2017 with the local contractors and developers to discuss the 2015 codes. He stated that amendments and deletions to the individual codes were made as agreed upon by the local stakeholders. He stated that staff proposed to retain the 2009 edition of the Energy Conservation Code as it is easier to comply with than later editions and still provides a very energy efficient building. He noted that the 2015 versions make it easier for remodeling older buildings, offering affordable relief in some situations. Director of Planning and Building Proffer stated that the ordinances would clean up outdated and/or conflicting ordinances in the City Municipal Code. He stated that some of the chapters regarding construction date back to the 1960’s and are located in various individual sections of the code. He noted that all the information will be located in one chapter (6) and would repeal chapters 10, 13, 15, and 21. He spoke about the modification of sprinkler systems as being optional for residential homes and the above code structural regulations. He stated that staff recommends approval of the eleven ordinances. Mayor Pro-tem Keel moved that Council approve Ordinance No. 1240, Series 2018, adopting and repealing all ordinances in conflict with the 2015 International Fuel Gas Code, and set for public hearing on March 13, 2018. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes absent Yes Yes Yes Yes f. Ordinance No. 1241, Series 2018. Mayor Sheek stated that Ordinance No. 1241, Series 2018, adopts and repeals all ordinances in conflict with the 2015 International Mechanical Code. No comments were received. Councilmember Archibeque moved that Council approve Ordinance No. 1241, Series 2018, adopting and repealing all ordinances in conflict with the 2015 International Mechanical Code, and set for public hearing on March 13, 2018. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes absent Yes Yes Yes Yes g. Ordinance No. 1242, Series 2018. Mayor Sheek stated that Ordinance No. 1242, Series 2018, adopts and repeals all ordinances in conflict with the 2015 International Plumbing Code. No comments were received. Councilmember Lucero moved that Council approve Ordinance No. 1242, Series 2018, adopting and repealing all ordinances in conflict with the 2015 International Plumbing Code, and set for public hearing on March 13, 2018. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes absent Yes Yes Yes Yes CITY COUNCIL REGULAR MEETING FEBRUARY 27, 2018 PAGE 5 h. Ordinance No. 1243, Series 2018. Mayor Sheek stated that Ordinance No. 1243, Series 2018, adopts and repeals all ordinances in conflict with the 2015 International Property Maintenance Code. No comments were received. Councilmember McLaughlin moved that Council approve Ordinance No. 1243, Series 2018, adopting and repealing all ordinances in conflict with the 2015 International Property Maintenance Code, and set for public hearing on March 13, 2018. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes absent Yes Yes Yes Yes i. Ordinance No. 1244, Series 2018. Mayor Sheek stated that Ordinance No. 1244, Series 2018, adopts and repeals all ordinances in conflict with the 2009 International Energy Conservation Code. No comments were received. Councilmember Archibeque moved that Council approve Ordinance No. 1244, Series 2018, adopting and repealing all ordinances in conflict with the 2009 International Energy Conservation Code, and set for public hearing on March 13, 2018. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes absent Yes Yes Yes Yes j. Ordinance No. 1245, Series 2018. Mayor Sheek stated that Ordinance No. 1245, Series 2018, adopts and repeals all ordinances in conflict with the International Accessible and Usable Buildings and Facilities Code (ICCA117.1 – 2009). No comments were received. Mayor Pro-tem Keel moved that Council approve Ordinance No. 1245, Series 2018, adopting and repealing all ordinances in conflict with the International Accessible and Usable Buildings and Facilities Code (ICCA117.1 – 2009), and set for public hearing on March 13, 2018. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes absent Yes Yes Yes Yes k. Ordinance No. 1246, Series 2018. Mayor Sheek stated that Ordinance No. 1246, Series 2018, adopts and repeals all ordinances in conflict with the 2015 International Building Code. No comments were received. Councilmember Lucero moved that Council approve Ordinance No. 1246, Series 2018, adopting and repealing all ordinances in conflict with the 2015 International Building Code, and set for public hearing on March 13, 2018. Councilmember McLaughlin seconded the motion, and the vote was as follows: CITY COUNCIL REGULAR MEETING FEBRUARY 27, 2018 PAGE 6 Archibeque Carlson Keel Lucero McLaughlin Sheek Yes absent Yes Yes Yes Yes l. Ordinance No. 1247, Series 2018. Mayor Sheek stated that Ordinance No. 1247, Series 2018, adopts and repeals all ordinances in conflict with the 2015 International Fire Code. No comments were received. Councilmember McLaughlin moved that Council approve Ordinance No. 1247, Series 2018, adopting and repealing all ordinances in conflict with the 2015 International Fire Code, and set for public hearing on March 13, 2018. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes absent Yes Yes Yes Yes m. Ordinance No. 1248, Series 2018. Mayor Sheek stated that Ordinance No. 1248, Series 2018, adopts and repeals all ordinances in conflict with the 2015 International Existing Building Code. No comments were received. Councilmember Archibeque moved that Council approve Ordinance No. 1248, Series 2018, adopting and repealing all ordinances in conflict with the 2015 International Existing Building Code, and set for public hearing on March 13, 2018. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes absent Yes Yes Yes Yes n. Ordinance No. 1249, Series 2018. Mayor Sheek stated that Ordinance No. 1249, Series 2018, adopts and repeals all ordinances in conflict with the 2015 International Residential Code. No comments were received. Mayor Pro-tem Keel moved that Council approve Ordinance No. 1249, Series 2018, adopting and repealing all ordinances in conflict with the 2015 International Residential Code, and set for public hearing on March 13, 2018. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes absent Yes Yes Yes Yes o. Ordinance No. 1250, Series 2018. Mayor Sheek stated that Ordinance No. 1250, Series 2018, adopts and repeals all ordinances in conflict with the 2015 International National Electric (NFPA 70) Code. Director of Planning and Building Proffer stated that the title for the ordinance was changed from the version that was included in the packet. He stated the ordinance is for the 2017 edition of the National Electric (NFPA 70) Code, eliminating 2015 International from the title. Councilmember Lucero moved that Council approve Ordinance No. 1250, Series 2018, adopting CITY COUNCIL REGULAR MEETING FEBRUARY 27, 2018 PAGE 7 and repealing all ordinances in conflict with the National Electric (NFPA 70) Code, and set for public hearing on March 13, 2018. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes absent Yes Yes Yes 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 a. TEZ Talks. City Manager Hale stated that TEZ Talks will be held Friday, March 2, 2018, at the High School from 7:00 p.m. to 8:30 p.m. He stated that Dave Stevens, who was born without legs and had a career playing sports and was an ESPN broadcaster, will be the speaker. Mayor Pro-tem Keel noted that Mr. Stevens will also be speaking to the students at the High School and Middle School on Friday as well. City Manager Hale stated that there will be two more speakers this year. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Pro-tem Keel stated that during the workshop new employees City Intern Peyton Heitzman, and Public Works Operators Travis Caveney (water) and Jeff Lively (streets) were introduced. Information was presented by Laurie Dickson, Executive Director, on the EVCharging and 4CORE programs. An update was given by James Dietrich, Natural Resource Planning and Land Coordinator, on the Paths to Mesa Verde project and discussion was held on City Code Section 15-413, regarding residency for marijuana licenses. Mayor Sheek stated that Council has decided to leave the marijuana regulations as they currently have been adopted. b. Cortez Cultural Center. Mayor Sheek stated that she attended the Cortez Cultural Center meeting and noted the highlights which included discussion on advertising with the newspaper which will continue for another year. She stated that two farm and ranch tours will be offered to the general public this year and the Native American Dances will continue this summer. She stated that discussion was held on how to increase the use of the outdoor plaza and it was noted that the gift shop is doing better. The regular meeting was adjourned at 8:15 p.m. ________________________________ Karen W. Sheek, Mayor CITY COUNCIL REGULAR MEETING FEBRUARY 27, 2018 PAGE 8 ATTEST: ________________________________ Linda L. Smith, City Clerk