City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, DECEMBER 11, 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, Mike Lavey, and Gary Noyes. Councilmember Ty Keel was absent. Staff members present were Chief of Police Roy Lane, Director of Planning and Building Sam Proffer, Airport Manager Russ Machen, Director of General Services Rick Smith, Director of Parks and Recreation Dean Palmquist, Library Director Eric Ikenouye, Human Resources Director Matt Cashner, Director of Finance Kathi Moss, Management Intern Peyton Heitzman, Refuse Collection Foreman Eddie Vialpando, Detective Secretary Christi Coleman, Public Works Senior Operator Marty Stevens, Communications Technician Tamira Osborne, Recreation Facility Supervisor Joye McHenry, Patrol Officer/SRO Jerry Sam, Refuse Collector Darren Murray, Library Custodian Ralph Parker, Detective Jerry Tevault, Airport Ops Technician Efrain Vaquera, City Attorney Mike Green, City Clerk Linda Smith, and City Manager John Dougherty. There were fifteen 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 November 27, 2018. b. Approval of the payment of the Expenditure Vouchers of December 11, 2018. c. Approval of a Renewal Hotel and Restaurant Liquor License for El Burro Pancho LLC, DBA Gustavo’s Authentic Mexican Restaurant and Bar, located at 125 East Main Street #A, Cortez. d. Approval of a Permanent Modification of premises for Safeway Stores 46 Inc., DBA Safeway Store #1892, located at 1580 East Main Street, Cortez. Mayor Pro-tem Lucero moved that Council approve the Consent Agenda with the additional expenditure list totaling $94,094.72. Councilmember Betts seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes 3. PRESENTATIONS Council presented awards to the following employees for their years of service to the City of Cortez: 40 Years (1978) Eddie Vialpando; 30 Years (1988) Christi Coleman, Rick Smith, Marty Stevens; 20 Years (1998) Tamira Osborne, Debbie Speer; 15 years (2003) Jason Higgins; 10 Years (2008) Joye McHenry, Manual Neves, Jerry Sam; and 5 Years (2013) Alissa Baxstrom, Jennifer Goodall, Darren Murray, Ralph Parker, Donna Peterson, Jerry Tevault, and Efrain Vaquera. CITY COUNCIL REGULAR MEETING DECEMBER 11, 2018 PAGE 2 4. CITIZEN PARTICIPATION – None. 5. PUBLIC HEARINGS a. Ordinance No. 1259, Series 2018. Finance Director Moss stated that Ordinance No. 1259, Series 2018, approves the appropriation of supplemental funds, rectifies budgeted excesses, and makes budget revisions for the 2018 Fiscal Budget. She stated that Article VII, Section 22 of the City Charter allows for revised appropriations at the expiration of eight months of the audit year. She stated that the original 2018 budget was revised to $31,423,502 (from $32,276,181). She stated that the revision is due mostly to capital projects that will be carried over to the 2019 Budget and minor adjustments made to miscellaneous accounts. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Councilmember Carlson moved that Council approve Ordinance No. 1259, Series 2018, approving an ordinance appropriating supplemental funds, rectifying budgeted excesses, and making budget revisions for the 2018 Fiscal Budget. Mayor Pro-tem Lucero seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes b. Ordinance No. 1260, Series 2018. Finance Director Moss stated that Ordinance No. 1260, Series 2018, approves the annual appropriations for the fiscal year beginning January 1, 2019, and ending December 31, 2019, and sets the mill levy for said fiscal year. She stated that budget documents were reviewed by staff, the City Manager, and City Council through the month of November. She reviewed how the mill levy was calculated and stated that the City Charter regulations were the most restrictive setting the mill levy at 1.30 mills for 2019. She stated that the total budget for 2019 would be set at $32,870,654. She stated that approximately 58% of the budget is for personnel services and 20% is for capital projects. Mayor Sheek opened the public hearing; however, no one spoke and the hearing was closed. Mayor Pro-tem Lucero moved that Council approve Ordinance No. 1260, Series 2018, approving the annual appropriations for the fiscal year beginning January 1, 2019, and ending December 31, 2019, and setting the mill levy for said fiscal year. Councilmember Lavey seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Payment of Invoices Through End of 2018. Director of Finance Moss stated that due to this meeting being the last Council meeting for the year, Council has traditionally allowed staff to continue to pay the bills through the end of the year so the City does not receive any finance CITY COUNCIL REGULAR MEETING DECEMBER 11, 2018 PAGE 3 charges for late bills. She stated that the list of paid invoices will be provided for City Council at their first meeting in January. Councilmember Noyes moved that Council authorize the Finance staff to continue paying the invoices through the end of 2018 and to provide Council with an Expenditure List at the first meeting in January 2019. Mayor Pro-tem Lucero seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes b. Resolution No. WE-2018-2, Series 2018. Director of Finance Moss stated that Resolution No. WE-2018-2, Series 2018, approves the annual budget for the City of Cortez Water Enterprise for the year 2019, and adopts the revised budget for the City of Cortez Water Enterprise for the year 2018. She stated that Ordinance No. 1138, Series 2010, established the City of Cortez Water Enterprise and City Council was set as the board of the City of Cortez Water Enterprise. She stated that City Council must adopt an annual budget for the Water Enterprise and noted that Ordinance No. 1260, Series 2018, adopts the 2019 budget for the Water Enterprise in the amount of $3,760,845 and Ordinance No. 1259, Series 2018, adopts the revised 2018 budget in the amount of $3,339,211. Councilmember Lavey moved that Council approve WE-2018-2, Series 2018, approving the annual budget for the City of Cortez Water Enterprise for the year 2019, and adopting the revised budget for the City of Cortez Water Enterprise for the year 2018. Councilmember Carlson seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes c. Resolution No. HE-2018-1, Series 2018. Director of Finance Moss stated that Resolution No. HE-2018-1, Series 2018, approves the annual budget for the City of Cortez Hydro Electric Power Plant Enterprise for the year 2019, and adopts the revised budget for the City of Cortez Hydro Electric Power Plant Enterprise for the year 2018. She stated that Ordinance No. 1132, Series 2009, established the City of Cortez Hydro Electric Power Enterprise and City Council was appointed as the board for the City of Cortez Hydro Electric Power Enterprise. She stated that Council must adopt an annual budget for the Hydro Electric Power Enterprise and noted that Ordinance No. 1260, Series 2018, adopts the 2019 budget for the Hydro Electric Power Enterprise in the amount of $142,897 and Ordinance No. 1259, Series 2018, adopts the revised 2018 budget in the amount of $143,132. Councilmember Carlson moved that Council approve HE-2018-1, Series 2018, approving the annual budget for the City of Cortez Hydro Electric Power Plant Enterprise for the year 2019, and adopts the revised budget for the City of Cortez Hydro Electric Power Plan Enterprise for the year 2018. Councilmember Noyes seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek CITY COUNCIL REGULAR MEETING DECEMBER 11, 2018 PAGE 4 Yes Yes absent Yes Yes Yes Yes d. Airline Contract Renewal. Airport Manager Machen stated that the current airline lease with Boutique Air is dependent upon selection of an airline by the U.S. Department of Transportation (USDOT) to provide airline service to Cortez under the Essential Air Service program. He stated that in June, USDOT selected Boutique Air for a two-year period and in July, USDOT approached Boutique Air and the City of Cortez as to each party’s interest in a four-year lease, now being extended to airlines exhibiting a history of operational stability. He stated that City Council expressed their willingness to proceed with the extended term with Boutique Air. He stated that the new operations lease would be for the period of October 1, 2018 to September 30, 2022. He stated that the new lease was completed with a modest increase in building rent to reflect projected future utility increases due to inflation and landing fee increases. He stated that the square foot cost increase was figured at 1.5% inflation rate over the four-year period, in a two-phase increase approach. He stated that the incremental increase to the landing fee is configured using the higher 2018 CPI rate, due to construction and pavement maintenance costs rising. In answer to a question from Mayor Sheek, Airport Manager Machen stated that the Airline Contract Renewal only addresses the airline’s use of the Cortez Airport. He stated that if the City wants to change the amount of flights going to Denver or Phoenix, that would be addressed through the contact with USDOT. Councilmember Betts moved that Council approve the operations lease with Boutique Air for a four-year period from October 1, 2018 to September 30, 2022. Mayor Pro-tem Lucero seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes e. Resolution No. 33, Series 2018. Mayor Sheek stated that Resolution No. 33, Series 2018, approves fees and charges for the City Clerk and Cortez Municipal Airport for 2019. Airport Manager Machen stated that the only fee that is raised each year that isn’t already addressed in a land lease or building agreement is the General Aviation Corporate Landing Fee which is being increased from $2.00 to $2.05 per thousand pounds published land weight. He stated that airplanes that are under 4,000 lbs. are not charged a landing fee. City Clerk Smith stated that the fees for the City Clerk are related to marijuana licensing and remain the same as when established in 2012. Councilmember Lavey moved that Council approve Resolution No. 33, Series 2018, approving fees and charges for the City Clerk and Cortez Municipal Airport for 2019. Councilmember Carlson seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes f. Resolution No. 32, Series 2018. Grant Administrator Burkett stated that Resolution No. 32, Series 2018, supports the application for a grant between the City of Cortez and History Colorado. He stated that since 2011, the City has received six Certified Local Government (CLG) grants, totaling $96,964, which have been used to inventory properties within the Original Townsite and create a podcast for the Montezuma Avenue walking tour. He stated that the grants have allowed CITY COUNCIL REGULAR MEETING DECEMBER 11, 2018 PAGE 5 the City to complete inventories of properties from Montezuma Avenue to the south side of Main Street. He stated that 37 properties have received historic designation on the City Register from the 171 individual properties that have been surveyed. He stated that the grant application is due January 15, 2019, and if approved, will be used towards inventory of the 22 properties south of Main Street with in the boundaries of the Original Townsite. He stated that no matching funds are required for the grant. Councilmember Betts moved that Council approve Resolution No. 32, Series 2018, approving the application for a grant between the City of Cortez and the State of Colorado, acting by and through the State Historical Society, also known as the Colorado Historical Society. Councilmember Noyes seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes g. Resolution No. 34, Series 2018. Director of Parks and Recreation Palmquist stated that Resolution No. 34, Series 2018, approves the fees for Parks and Recreation for 2019. He stated that staff is recommending to combine the child age group currently, 5 to 12 years old, with the youth age group, currently 13 to 18 years old and leave the price at the current youth rate. He stated that the change for the new age group of 5 to 18 years old will affect daily entry, punch passes, three- month passes, and annual passes. He stated that staff is recommending to replace the current six- month pass with a three-month pass as it would accommodate the need for summer months and other short-term needs. He stated that the six-month pass is the least utilized pass option. He stated that staff is recommending that there is no longer a discount for an annual pass paid in full; however, patrons would still be able to pay in full or have an automatic withdrawal. He stated that an increase is being recommended for use of the full recreation center facility rental fee from $120 per hour to $150 per hour plus labor for individuals and non-profit organizations and keep the commercial rate at $400 plus labor. He stated that the rest of the Parks and Recreation fees would remain the same as was proposed for 2018. Councilmember Carlson moved that Council approve Resolution No. 34, Series 2018, adopting by reference the 2019 fee schedule for Parks and Recreation. Councilmember Lavey seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes absent Yes Yes Yes Yes h. Update of the Montezuma County Hazard Mitigation Plan (HMP). Michael Pasquin, Montezuma County Emergency Manager, stated that the Montezuma County HMP is dated June 3, 2016, and is valid for five years. He stated that in order to obtain pre- and post-disaster Federal funding, the plan must remain current. He stated that the plan is valid for several more years; however, the planning process needs to begin for the update. He stated that the Montezuma County Board of Commissioners have agreed to pursue grant funding to update the HMP, which in 2016 a Federal grant paid for 75% of the cost for a contractor to write the plan. He stated that the County paid the other 25%. He stated that the County will pay for the updated plan with a combination of cash and in-kind (soft match) funding. He spoke about the actions in the current plan for the CITY COUNCIL REGULAR MEETING DECEMBER 11, 2018 PAGE 6 County and towns (City of Cortez, Town of Mancos, and Town of Dolores) and hazards that could be included in the plan. He stated that two letters are included in the packet for Mayor Sheek to sign: one is to the State of Colorado saying that the City of Cortez would commit to spending 40.5 hours, equal to $1,084.59 of in-kind (soft-match funding), to help update the HMP and the second letter is to the Montezuma County Emergency Manager saying that the City of Cortez will provide cooperation as is necessary in a timely manner to Montezuma County to update the plan in conformance with FEMA requirements. In answer to a question from Mayor Sheek, Mr. Pasquin stated that the plan is required to be current for funding to be applied for from the State and FEMA, should there be a disaster. City Manager Dougherty stated that it is important that the City participate in the plan as it is important that everyone know their role should there be a disaster. Mr. Pasquin stated that the Cortez Fire Protection District and Montezuma-Cortez School District were not included in the current plan and hopefully they will be a part of the updated version. Councilmember Lavey moved that Council approve the two letters, one to the State Hazard Mitigation Officer and one to the Montezuma County Emergency Manager, noting that the City of Cortez will participate in the update of the Montezuma County Hazard Mitigation Plan. Councilmember Noyes seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes 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. Airport Flights and Happy Holidays. City Manager Dougherty stated that the Airport has chartered flights to supplement airline and other charter business to reach the 8,000 boardings for the year which will qualify the City for $600,000 of grant funding in 2019. He stated that through Tuesday, there were 180 passengers and additional flights would be held on Wednesday. He wished everyone a Happy Holiday. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that that the last meeting of the year staff traditionally serves dinner during the worksession. She stated it was delicious and much appreciated. Discussion was held on future meetings with the County Commissioners and information was presented on the happenings of Mesa Verde Country by Kelly Kirkpatrick, Executive Director of Mesa Verde Country. Also, discussion was held on licensing (marijuana and liquor) in Cortez. More information will be presented in the future on managing the licenses. CITY COUNCIL REGULAR MEETING DECEMBER 11, 2018 PAGE 7 b. Holiday Concert. Councilmember Carlson stated that a Holiday Concert will be held at the High School on Friday, December 14, 2018, at 7:00 p.m. She stated that everyone is invited to attend the free adult choir concert. She stated that donations may be made at the concert which will benefit the MCHS Music Program. The regular meeting was adjourned at 8:20 p.m. ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________ Linda L. Smith, City Clerk