City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, MARCH 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, Jill Carlson, Orly Lucero, and Shawna McLaughlin. Staff members present were Director of Planning and Building Sam Proffer, Director of Parks and Recreation Dean Palmquist, Director of General Services Rick Smith, Airport Manager Russ Machen, Human Resources Director Matt Cashner, Recreation Supervisor Rosa Dimon, City Planner Tracie Hughes, Police Chief Roy Lane, Management Intern Peyton Heitzman, City Clerk Linda Smith, City Manager Shane Hale, and City Attorney Mike Green. There were 20 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 March 13, 2018. b. Approval of the payment of the Expenditure Vouchers of March 27, 2018. c. Approval of a renewal Retail Marijuana Store License for Durango Organics, LLP, DBA Durango Organics, located at 1104 East Main Street, Cortez. d. Approval of a Special Event Permit for the Cortez Area Chamber of Commerce to host a ‘Business After Hours’ on March 29, 2018, at Wynes Insurance, located at 77 West Main Street, Ste. B, Cortez. e. Approval of a Special Event Permit for Montezuma Land Conservancy to host the Geer Park Trail Maintenance Day on May 5, 2018, at Geer Park Trailhead, Road L, Cortez. Mayor Pro-tem Keel moved that Council approve the Consent Agenda with the additional expenditure list totaling $42,854.66. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes 3. PRESENTATIONS a. Child Abuse Awareness Month Proclamation. Matt Keefauver, along with five members of the Four Corners Child Advocacy Center, spoke to Council about designating the month of April as Child Abuse Awareness Month. Mr. Keefauver spoke about child abuse statistics across the Country. He commented that the Four Corners Child Advocacy Center is available for the community to help with child abuse and neglect. He spoke about the activities planned for April 2018 and asked if Cortez could be painted blue with ribbons on the trees along Montezuma Avenue and Main Street and pinwheels placed by the Welcome Center. Council agreed to the ribbons and CITY COUNCIL REGULAR MEETING MARCH 27, 2018 PAGE 2 pinwheels being placed in the community and Mayor Sheek thanked the Four Corners Child Advocacy Center staff for their dedication and good work. She read the proclamation proclaiming the month of April as Child Abuse Awareness Month. In answer to a question from Councilmember Lucero, Mr. Keefauver stated that t-shirts supporting the Child Advocacy Center are on sale for $20 each. 4. CITIZEN PARTICIPATION a. Beehive Homes at the Cortez Homestead Open House. Jan Gardner, 425 South Beech Street, stated that Beehive Homes at the Cortez Homestead will be completed in a few weeks and an Open House will be held on April 7, 2018, from noon to 6:00 p.m. She extended an invitation to anyone that would like to come by and visit the new building that will be offering assisted care for dementia patients in the community. 5. PUBLIC HEARINGS a. Ordinance No. 1239, Series 2018. City Planner Hughes stated that Ordinance No. 1239, Series 2018, amends Section 3.05(a) of the Land Use Code to allow a school (public, private and church) through a conditional use permit in the Open Zoning District. She stated that Montezuma County is interested in selling the old Justice Building, which is located in the Open Zone, to the Children’s Kiva Montessori School. She stated that the ordinance would require a school to be approved through a conditional use permit in the Open Zone as is allowed in all other zoning districts with the exception of the Industrial Zone. She stated that the Planning Commission reviewed the proposal at their February 6, 2018, meeting and have recommended approval. Mayor Sheek asked if the Kiva School is moving forward with the offer for the property, and City Planner Hughes stated that the school has applied for the conditional use permit with the City and the request is scheduled to be reviewed by the Planning and Zoning Commissioner on April 3, 2018, should Ordinance No. 1239, Series 2018, be approved on final reading. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Mayor Pro-tem Keel moved that Council approve on final reading Ordinance No.1239, Series 2018, approving an ordinance amending Section 3.05(a) of the Land Use Code to allow a school (public, private, and church) through a conditional use permit in the Open Zoning District. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes b. Ordinance No. 1251, Series 2018. City Attorney Green stated that Ordinance No. 1251, Series 2018, creates a Board of Appeals for the City of Cortez. He stated that the Board of Appeals would hear petitions from persons affected by a building official/code enforcement decision. He stated that the board would most likely be used as the Board of Appeals in the new Land Use Code. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Lucero moved that Council approve on final reading Ordinance No. 1251, Series 2018, creating a Board of Appeals for the City of Cortez. Councilmember McLaughlin seconded CITY COUNCIL REGULAR MEETING MARCH 27, 2018 PAGE 3 the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes c. Ordinance No. 1252, Series 2018. City Manager Hale stated that Ordinance No. 1252, Series 2018, approves the purchase of real estate from Keith Evans. He stated that Council identified the priority of purchasing the Evans parcel during its 2017 Strategic Planning Process. He stated that staff has been in discussion with Mr. Evans on the purchase of the property and an agreement has been reached on the value. He stated that the appraised value following the Conservation Easement is $50,000, or $1,000 per acre, and he noted that the purchase price was included in the 2018 Budget. He stated that the City has been leasing the property from Mr. Evans for $1.00 a year for quite a few years. He thanked Mr. Evans for the kind gift of selling the property to the City for future generations to use. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. In answer to a question from Mayor Pro-tem Keel, City Attorney Green stated that the Conservation Agreement restricts use on the property and the mineral rights should not be an issue due to the restrictions. Councilmember Archibeque moved that Council approve on final reading Ordinance No. 1252, Series 2018, approving the purchase of real estate from Keith Evans. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes Mr. Evans was present in the audience after the vote was taken and Council took a moment to thank him for his contribution noting the gift will have an effect in the community for a long time. 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Proclamation for Arbor Day Celebration. Recreation Supervisor Dimon stated that the Arbor Day Celebration is an annual event sponsored by the Parks, Recreation, and Forestry Advisory Board. She stated that the program is geared toward the 4th grade students in the area and is planned to be held on Thursday, April 19, 2018, at City Park, from 12:30 p.m. to 2:00 p.m. She stated that the proclamation is completed in order to comply with Tree City USA requirements, which the City has been a member of for 26 years. Council thanked staff for working on the program. Mayor Pro-tem Keel moved that Council approve the Proclamation for the Arbor Day Celebration to be held on April 19, 2018. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes CITY COUNCIL REGULAR MEETING MARCH 27, 2018 PAGE 4 b. 2018 Ballfield Playground Structure Project Bid. Recreation Supervisor Dimon stated that the City of Cortez Park Maintenance staff removed the old playground structure at the South Softball Complex in the Spring of 2017 due to safety and playground certification issues. She stated that staff has been researching numerous playground structures to replace the old playground and received two bids for the project. She stated that A to Z Recreation, out of Littleton, Colorado, was the low bidder at $27,595 on a Burke playground structure. She noted pictures of the proposed structure were included in the Council packet. She stated that the bid is under the budgeted amount by $2,405. Director of General Services Smith stated that the second bidder, RAK Quality Construction out of Bloomfield, New Mexico, had called to complain about the bid request for a Burke model. He stated that the City requested the Burke model due to interchanging parts on the all the playground structures. He stated that Burke has regional distributors and it seemed that RAK Quality Construction had difficulty in getting bid prices. He stated that RAK Quality Construction has been asked to put their complaint in writing; however, as of this date, nothing has been received. City Manager Hale stated that he had spoke with City Attorney Green about the complaint and it is felt that the City is within their rights to specify a manufacturer that the City would prefer. He stated that staff recommends that the bid be awarded to A to Z Recreation. Councilmember McLaughlin moved that Council award the 2018 Ballfield Playground Structure Project Bid to A to Z Recreation for a bid amount of $27,595 to furnish and install a new Burke playground structure at the South Softball Complex. Mayor Pro-tem Keel seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes c. Airport Land Lease with Lane Kim. Airport Manager Machen stated that Lane Kim is interested in building a hangar at the Airport for the purpose of storing his personal aircraft and aircraft support appurtenances. He stated that the hangar will be identified as Hangar S-8 and the lease will be for 40-years at a rate of $1,576.44 a year, with 2018 being prorated at $1,209.32 for the remainder of the year. He stated that the measurements of the hangar lot included in the Council packet were incorrect and should be 75.33 feet wide and 65 feet deep. He stated that the agreement has been approved by City Attorney Green and staff recommends approval. Mr. Kim stated that he does not agree with the way the lot is priced as he is paying more for the land that he is not using than the land he is using. He stated that he understands Cortez is smaller and he appreciates that he can build a hangar at the Airport, but encouraged the square footage to be reduced if that is possible in the future. Councilmember Lucero moved that Council approve a 40-year land lease with Lane Kim for construction of a hangar on Lot S-8 at the Airport, with the corrected measurements for the lot. Councilmember Archibeque seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes d. 2018 Outdoor Janitorial Bid. Director of Parks and Recreation Palmquist stated that the previous outdoor janitorial company notified the City at the end of 2017 that they are no longer CITY COUNCIL REGULAR MEETING MARCH 27, 2018 PAGE 5 interested in continuing their outdoor janitorial contract. He stated that the outdoor janitorial bid includes any park or sport facility restrooms (City Park, Parque de Vida, Centennial Park, Montezuma Park, Denny Lake Park, and the South Softball Complex). He stated that the outdoor janitorial contract covers a five-month period from early May to early October and consists of once- a-day cleaning seven days a week. He stated that two bids were received for the 2018 Outdoor Janitorial Bid and Bravo! Cleaning & Restoration from Cortez was the low bidder at $10,762.50. He stated that the bid is under the budgeted amount and staff recommends awarding the bid to Bravo! Cleaning and Restoration. He stated that he spoke with references for the company and they have received good marks for their work. Councilmember Carlson moved that Council award the 2018 Outdoor Janitorial Bid to Bravo! Cleaning and Restoration at a bid amount of $10,762.50 for janitorial services at the City’s park and sport facility restrooms. Councilmember Lucero seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes e. Appointment to the Parks, Recreation, and Forestry Advisory Board. Director of Parks and Recreation Palmquist stated that Kenneth Quigley has applied for the remaining adult seat on the Parks, Recreation, and Forestry Advisory Board. He stated that the Parks, Recreation, and Forestry Advisory Board discussed the appointment of Mr. Quigley at their meeting on March 23, 2018, and recommended approval to City Council. He stated that Council could interview Mr. Quigley or chose to appoint him without an interview. He stated that Mr. Quigley has a landscape architectural background and will be a great asset to the board. Mayor Pro-tem Keel moved that Council appoint Kenneth Quigley to the Parks, Recreation, and Forestry Advisory Board. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes f. Insurance Brokerage Services. Human Resources Director Cashner stated that the City has used Wells Fargo for many years as the City’s Insurance Broker. He stated that the City had not sent out a Request for Proposals for insurance brokerage services since 2009 and decided to request proposals this year. He stated that ten proposals were received and the Insurance Committee interviewed six of the ten firms. He stated that the Insurance Committee is recommending USI serve as the City’s Insurance Broker. He stated that USI believes they can save the City money on prescriptions, stop loss premiums, hospital rate negotiations, and population health management strategies. He stated that the fee is guaranteed for three years but the City can decide at any time to opt out and go with another company. City Manager Hale stated that the fees that will be charged by USI should be offset with the money they feel could be saved. Discussion was held on who USI is and City Manager Hale stated that they seem very hands on and the City is getting better information from them than was previously received. Councilmember Lucero moved that Council approve USI as the Insurance Broker for the City of CITY COUNCIL REGULAR MEETING MARCH 27, 2018 PAGE 6 Cortez. Councilmember McLaughlin seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes g. Resolution No. 7, Series 2018. City Attorney Green stated that Resolution No. 7, Series 2018, sets fees and charges for the City of Cortez’s Cortez Community Network Pilot CCN. He stated that a large part of the CCN process is the creation of non-technical aspects such as billing, collections, and applications. He stated that the fees are being set for the pilot program. In answer to a question from Mayor Pro-tem Keel, City Manager Hale stated that the equipment would be replaced should it break and the money to cover the ONT will be built up over time and should be more than the equipment would cost. It was noted that the equipment would be rented, not sold. Discussion was held on the responsibility of trenching to the home and it was noted that the line locates will be the responsibility of the homeowner. Discussion was held on the possibility of aerial drops and it was noted that the installation fee is $150 for the first 250 ‘feet’, not inches. City Attorney Green stated that the insurance coverage will be reviewed by the City’s insurance carrier (CIRSA). Mayor Pro-tem Keel moved that Council approve Resolution No. 7, Series 2018, setting fees and charges for the City of Cortez’s Community Network Pilot CCN, with the change to the 250 ‘feet’ on the installation fee sheet. Councilmember Carlson seconded the motion, and the vote was as follows: Archibeque Carlson Keel Lucero McLaughlin Sheek Yes Yes Yes Yes Yes Yes 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. 10. ADDITIONAL CITIZEN PARTICIPATION a. Thank You. Lance McDaniel thanked the Parks Department and the City for allowing the March For Life Student Rally to be held in the park this past weekend. He stated that the rally was well attended and the students were very respectful. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT a. FireWise and Urban Farming Committee Meetings/Ballot Count/Rotary Easter Egg Hunt/MCEDA Economic Summit. City Manager Hale stated the FireWise meeting will be held at City Hall on Thursday, April 5, 2018, from 5:30 to 7:00 p.m. He stated that also that same evening the Urban Farming Committee will be meeting at City Hall from 5:00 p.m. to 6:00 p.m. He invited anyone interested in either meeting to attend. He noted that there were 997 ballots as of Monday, March 26, 2018. City Manager Hale noted that the Annual Rotary Easter Egg Hunt would be held CITY COUNCIL REGULAR MEETING MARCH 27, 2018 PAGE 7 on Saturday, March 31, 2018, beginning at 10:00 a.m., at City Park. He also mentioned that the MCEDA Economic Summit would be held on April 25, 2018, and if anyone wants to attend, they need to let Management Intern Peyton Heitzman know so tickets can be purchased for everyone. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the workshop Mechanic Taylor Gustafson was introduced. A presentation was made on the Phil’s World Expansion and discussion was held on the upcoming MCEDA Economic Summit. City Manager Hale spoke about the Clean- Up Day planned for May 19, 2018, and discussion was held on the next steps that will be taken on the replacement of City Manager Hale after his recent resignation. b. Parks, Recreation, and Forestry Advisory Board. Councilmember Archibeque stated that the Parks, Recreation, and Forestry Advisory Board held their meeting on March 23, 2018, and discussion included the Arbor Day Celebration, the appointment of Ken Quigley to the board, the receipt of a GOCO Grant for the land acquisition of the old high school for a new park on the south side of town, and review of a Community Park Trail Open Space and Bike Lane Striping Map. He stated that discussion was also held on placing a sign noting the location of the BMX track. c. Cortez Cultural Center. Mayor Sheek stated that discussion at the Cortez Cultural Center meeting included approval of the budget which shows the center is in the black. She stated that the County Commissioner’s gave the center a grant for $27,000 (from Lodger’s Tax) which should cover the Native American dances this year. She stated that the gift shop revenues are down but there has not been a lot of winter visitors this year. She stated that an inventory is being taken on the light bulbs in the building and a grant has been obtained by Empire Electric to change out bulbs that could help the building be more energy efficient. She spoke about upcoming events that include the Birding Festival, tours of the area, the Pueblo to Pueblo event, a scholarship presentation in memory of Patsy Brown, and three Preservation Tours. It was noted that the Cortez Cultural Center meetings are held once a month. d. Mesa Verde Country. Mayor Sheek praised Candace Brantner and Kelly Kirkpatrick for all the work they do to promote the area. She noted that work continues on the web site and followers on Facebook, Twitter, and You Tube continue to grow. She noted that many tours are being scheduled for this year and Lodger’s Tax and sales tax are up. She stated that discussion was held on vacation rentals and research is being done to be sure they are paying Lodger’s tax. The regular meeting was adjourned at 8:50 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ________________________________ Linda L. Smith, City Clerk