City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, OCTOBER 9, 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 Orly Lucero, Sue Betts, Jill Carlson, Ty Keel, Mike Lavey, and Gary Noyes. Staff members present were Chief of Police Roy Lane, Director of Public Works Phil Johnson, Management Intern Peyton Heitzman, City Attorney Mike Green, City Manager John Dougherty, and City Clerk Linda Smith. There were two 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 September 25, 2018. b. Approval of the payment of the Expenditure Vouchers of October 9, 2018. c. Approval of a Special Event Permit for Southwest Memorial Hospital Foundation to sponsor Ride of the Ancients on October 14, 2018, at Parque de Vida, 425 Roger Smith Avenue, Cortez. Mayor Pro-tem Lucero moved that Council approve the Consent Agenda with the additional expenditure list totaling $302,949.94. Councilmember Keel seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes 3. PRESENTATIONS – None. 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS – None. 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. RFP Results – Water Treatment Plant PLC/SCADA Upgrades. Director of Public Works Johnson stated that the City recently received six request for proposals (RFP) for services related to upgrading the water treatment plant SCADA system and automated control systems. He stated that the contract term is approximately two months from notice to proceed. He stated that the firms that submitted bids included their interpretation of the scope of work and their approach to evaluate the plant’s operations and assets. He stated that each firm’s experience and qualifications; special abilities and project experience; quality and depth of deliverable from previous PLC/SCADA system upgrades from a similar project; project timeline and completion; and pricing on a per-item CITY COUNCIL REGULAR MEETING OCTOBER 9, 2018 PAGE 2 basis were reviewed. He stated that staff is recommending that the bid be awarded to Browns Hill Engineering and Controls for a bid amount of $161,500. He stated that Browns Hill Engineering and Controls is out of Littleton, with a satellite office in Durango, and has worked with staff before. He stated that Browns Hill has stated that the timeline for completion of the project would be end of November 2018. He stated that the funds for the project were included in the 2018 Water Enterprise Capital Improvement Fund. In answer to a question from Councilmember Betts, Director of Public Works Johnson stated that Browns Hill is familiar with the City’s water treatment plant and has knowledge on how to get all the parts to work together. Councilmember Keel stated that he appreciates staff’s diligence in reviewing all the bids and that it will be beneficial that Browns Hill Engineering has a satellite office in Durango. Councilmember Keel moved that Council enter into a Professional Services Contract with Browns Hill Engineering and Controls for completion of the Water Treatment Plant PLC and SCADA upgrades at a bid amount of $161,500.00. Councilmember Carlson seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes b. Resolution No. 21, Series 2018. City Manager Dougherty stated that Resolution No. 21, Series 2018, opposes ‘Amendment 74’, an attempt to amend the Colorado Constitution to drastically limit State and Local government services at a high cost to taxpayers. He reviewed the issues with Amendment 74 and pointed out that the amendment was written by certain out-of-state corporate interests (oil and gas industry and the Farm Bureau) to change the text of the Colorado Constitution, Article II, Section 15, which dates back to 1876. He stated that the Colorado Municipal League (CML) has stated their concern for the bill which reduces the fair market value of a private parcel. He stated that CML has asked for a copy of the resolution if Council approves it. Mayor Sheek stated that her understanding of the amendment is to protect property rights but it goes to an extreme. City Attorney Green stated that the he feels the amendment is similar to a ‘takings’ regulation; however, a bit radical. Councilmember Carlson moved that Council approve Resolution No. 21, Series 2018, opposing the passage of ‘Amendment 74’, an attempt to amend the Colorado Constitution to drastically limit State and Local government services at a high cost to taxpayers. Councilmember Betts seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes c. Proposed Findings for NuVue Pharma, LLC. City Attorney Green stated that the findings included in the packet complete the process for denying a retail marijuana store license to NuVue Pharma LLC, to be located at 503 Patton Street. He stated that the first part of the findings note the items that Council should consider on whether to issue an approval or a denial and the second part note the Council’s findings from the meeting held on September 11, 2018. Councilmember Carlson referenced paragraph nine of the findings stating that she feels Council articulated a rationale, but it was a culmination of the three items that were to be considered: the reasonable requirements of the CITY COUNCIL REGULAR MEETING OCTOBER 9, 2018 PAGE 3 neighborhood, the desires of the adult inhabitants of the neighborhood, and the character of the applicant. She stated that Mayor Sheek had made a comment regarding the neighborhood concerns prior to the motion being made. Councilmember Carlson stated that she does not have any issues with the character of the applicant as he met all the requirements; however, it was clear that the discussion from Council and the testimony from the citizens that there were issues with the store being located in the neighborhood. Discussion was held on the reasoning for completing the findings on the request for the new marijuana store. In answer to a question from Councilmember Betts, it was noted that two of the current six stores sell medical and retail marijuana. Councilmember Betts and Councilmember Lavey stated that they agree the issue for denial was based on neighborhood concerns. Councilmember Carlson moved that after considering the reasonable requirements of the neighborhood, the desires of the adult inhabitants of the neighborhood, and the character of the applicant, the application of NuVue Pharma, LLC, for a retail marijuana store is denied. Councilmember Noyes seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes d. Appointment to Region 9 Economic Development Board. City Manager Dougherty stated that he recently attended a Region 9 Economic Development Board meeting as Peyton Heitzman, who was appointed as the primary representative to board, was not able to attend. He stated that he voted on an item, but found out that the City had not appointed an alternate to the board and he asked that Council appoint the City Manager as the alternate so there is always a person from Cortez that can participate in voting. He noted that the item that was voted on was unanimous so it didn’t matter that his vote didn’t count. Mayor Pro-tem Lucero moved that Council appoint the City Manager as the alternate on the Region 9 Economic Development Board. Councilmember Lavey seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes 8. DRAFT ORDINANCES/RESOLUTIONS – None. 9. OTHER ITEMS OF BUSINESS – None. 10. ADDITIONAL CITIZEN PARTICIPATION a. Cortez Public Art Committee. Councilmember Carlson read a letter from Sonja Horoshko noting that she is contributing $250 towards the Cortez Public Arts Committee to be earmarked for the workshop stipend fund for events CPAAC will present at the Montezuma Food coalition project. Councilmember Carlson also noted that an additional check was received from Pastor Jean Schwien, First United Methodist Church, home of Hope’s Kitchen, in the amount of $281.50. Ms. Horoshko thanked the City for the opportunity to nourish the arts and art education in the City CITY COUNCIL REGULAR MEETING OCTOBER 9, 2018 PAGE 4 through high quality programs supported by the Cortez Public Arts Advisory Committee. Councilmember Carlson shared a draft copy of the Walking Mural Tour Map of Cortez that was completed by photographer, Heidi Bruger. She stated that when the project is complete, that there will be copies available for the public. Councilmember Carlson stated that she is impressed with the Art Committee as they have accomplished a lot of things in a very short time. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT a. Grants with the Colorado Department of Local Affairs (DOLA). City Manager Dougherty stated that representatives from DOLA spoke with staff today regarding future funding of grants from the City of Cortez. He stated that DOLA would not approve any grants for the City until the 2016 and 2017 audits are complete. He stated that Director of Finance Kathi Moss was also present in the meeting and promised that the audits for 2016 and 2017 would be completed by the end of the year. He stated that the City has a grant request in to DOLA for dispatch equipment and that grant will not be considered unless the 911 Board (County Commissioners) raises the rate from $.50 to $1.25 which is the State average. City Manager Dougherty stated that he will be in attendance at the next County Commissioner meeting (October 15, 2018) to request the fee be raised. Discussion was held on the fee increase which has been requested several times with the County Commissioners in the past. Discussion was held on Council sending a letter requesting the fee increase and it was decided that several Councilmembers would attend the meeting rather than sending a letter. It was noted that representatives from the Cortez Fire District, Sheriff’s Department, and Police Department will also be at the meeting to state their concerns. b. South Side Park Property. City Manager Dougherty stated that the closing date for the old MCHS property has been moved to December 1, 2018. He stated that the high school building has been torn down; however, the survey and other items need to be completed prior to closing on the property. City Attorney Green stated that the closing may be completed sooner if all the required items can be done. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that the Council worksession included a presentation on the design of the new south side park by Connect One Design. She noted that the last open house for public input on the park will be held at the Evangel Church on Wednesday, October 10, 2018, from 2:00 p.m. to 6:00 p.m. She stated that discussion was also held on loaning City equipment to non-profits. b. Golf Advisory Board. Councilmember Keel stated that the Golf Advisory Board met on September 26, 2018, and discussion included past and previous tournaments being held at the end of the golf season. He stated that two students represented Cortez at the State Tournament (Blake Keetch and J.J. Brunner). He stated that discussion was also held on watering the course with potable water since the irrigation water has been turned off and he thanked the Public Works Department for the work they have done to make potable water available to the course. He noted that discussion was held on future memorials that would be placed at the golf course. CITY COUNCIL REGULAR MEETING OCTOBER 9, 2018 PAGE 5 c. Mesa Verde Country. Mayor Sheek stated that discussion at the Mesa Verde Country meeting included Farm and Ranch Tours that have been scheduled for 2019 and a new program that allows area photos to be uploaded to websites. She stated that Kelly Kirkpatrick, Executive Director for Mesa Verde Country, has been accepted into the Colorado Leadership Journey Program and that the Lodger’s tax is up 14% year-to-date. d. League of Women Voters Candidate Forum. Mayor Sheek stated that the League of Women Voters Candidate Forum for Senate and State Representative candidates will be held in Council Chambers on Thursday, October 11, 2018, at 6:30 p.m. e. Comedy Show in Durango. Councilmember Carlson stated that a 21+ comedy show will be held in Durango at the Strater Theater on Saturday, October 13, 2018, if anyone is interested in attending. f. Cortez Fire Station Open House. Councilmember Lavey stated that on Friday, October 12, 2018, from 5:00 p.m. to 7:00 p.m., the Cortez Fire Station will have an open house for the community to tour the new facility. The regular meeting was adjourned at 8:30 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________ Linda L. Smith, City Clerk