City Council Meetings

CITY COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 26, 2019 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 Airport Manager Russ Machen, Finance Director Ben Burkett, Director of General Services Rick Smith, Associate Planner Neva Connolly, Management Intern Peyton Heitzman, Interim Chief of Police Andy Brock, Library Director Eric Ikenouye, City Clerk Linda Smith, City Manager John Dougherty, and City Attorney Mike Green. There were seven 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 12, 2019. b. Approval of the payment of the Expenditure Vouchers of November 26, 2019. c. Approval of a Special Event Permit for the Cortez Area Chamber of Commerce to host a “Business After Hours” event on Thursday, December 12, 2019, from 4:00 p.m. to 8:00 p.m., at Dolores State Bank, located at 744 East Main Street, Cortez. d. Approval of a renewal Hotel and Restaurant Liquor License for Lakeside Lanes Inc., DBA Lakeside Lanes, located at 410 Lakeside Drive, Cortez. Mayor Pro-tem Lucero moved that the Consent Agenda be approved with the additional expenditure vouchers of $17,395.59. 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 a. Fees Proposed for the Cortez Community Network (CCN). Terry Hinds, 2017 Golf Course Drive, General Manager for Farmers Telephone Company, stated that Farmers Telephone is part of the City’s fiber network. He spoke about his concerns on the contract that was recently presented to them and noted that there a few changes that Farmers does not agree with. He presented a packet of information for each Councilmember and commented that he does not feel the contract is fair and neither are the fees that will be charged. Mayor Sheek stated that the fees have been changed to allow the City to charge what it costs to provide the service and that the City has been subsidizing the program for a long time and that cannot continue. CITY COUNCIL REGULAR MEETING NOVEMBER 26, 2019 PAGE 2 5. PUBLIC HEARINGS a. Ordinance No. 1271, Series 2019. Finance Director Burkett stated that Ordinance No. 1271, Series 2019, approves the appropriations for the 2020 expenditures and sets the mill levy. He stated that the expenditures proposed for 2020 total $30,149,619.00 and the mill levy would be set at the Tabor limitations at 1.29 mills. Mayor Pro-tem Lucero asked if the budget has changed in regard to the payroll and Human Resources piece being outsourced and it was noted it has not. Mayor Pro- tem Lucero stated that he would rather hire someone to keep the payroll in-house as he does not agree with out-sourcing the duties. It was noted that the Assistant to the City Manager position has been removed from the budget. Councilmember Betts stated that she would like to keep the money and jobs in Montezuma County and does not agree with the time clocks being read somewhere else. Mayor Sheek noted that there are a number of jobs that the City contracts outside Montezuma County for. Councilmember Keel thanked all the employees for their dedication and due diligence as they complete their jobs for the City. He stated that his concerns are with the a couple little things that he has already voiced in previous budget meetings, but noted that he does support the rest of the budget. Mayor Sheek opened the public hearing. Neva Connolly, 28264 Road P, Dolores, stated that she has worked for the City for four years and thanked Council for supporting the employee wellness program; however, she voiced her concern with the Human Capital Management (HCM) system as she feels that it does not ‘pencil out’. She noted concerns with Human Resources being outsourced as Cortez is a small City and commented that if there are issues on how time sheets are being filled out or new forms are needed for the City, staff could be trained on how to handle those situations. She asked that Council do their homework on the process before the HCM program is awarded. Jim Riser, 953 Livesay Drive, Cortez Area Chamber of Commerce Board Member, stated that the City has been a member of the Chamber of Commerce and the fee was dropped from the preliminary budget. He asked that the membership dues be reinstated in the 2020 budget. He spoke about the benefits that the City receives in exchange for their membership and stated that the dues is $1,500 annually. In answer to a question from Mayor Sheek, Mr. Riser stated that they have approximately 214 members currently and have been working on increasing membership. No one else spoke and Mayor Sheek closed the public hearing. Councilmember Keel moved that Council add the Chamber of Commerce membership dues to the 2020 Budget at an amount of $1,500. Councilmember Lavey seconded the motion and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes No No Yes Councilmember Lavey moved to approve Ordinance No. 1271, Series 2019, on final reading appropriating 2020 expenditures and setting the mill levy. Councilmember Carlson seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek No Yes No Yes No Yes Yes CITY COUNCIL REGULAR MEETING NOVEMBER 26, 2019 PAGE 3 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Amendment to the Jacobs Engineering Contract. Airport Manager Machen stated that the Cortez Municipal Airport is scheduled to contract Phase II of the 20-foot taxiway shoulder project with funding from the FAA, the State of Colorado, and matching funds from the Airport Fund. He stated that the Airport opened bids on July 3, 2019, and the bids came in higher than available funding, so the decision was made to re-bid in January 2020, hoping for better results. He stated that additional funding is now available due to the advent of another Federal fiscal year and the addition of the Airport’s 2020 Entitlement Grant to the funding mix. He spoke of the amount outlined by Jacobs Engineering for the project ($31,047) and noted that the Airport would match the additional cost of the amendment at 2.5%, in the amount of $776. He stated that this amount would be in addition to the City’s current match of $10,714 to the original Jacobs fee of $428,566, bringing the total Airport expense for engineering services for the upcoming project to $11,490. He stated that the FAA and State funds would be incorporated to pay the remaining $417,076 of engineering fees. Councilmember Carlson moved that Council approve the contract amendment to the Jacobs Engineering Contract for additional fees to re-bid for construction of Airport taxiway shoulder project, in the amount of $31,047. Mayor Pro-tem Lucero seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes b. Cancel the December 24, 2019, Council Meeting. Mayor Sheek noted that the second Council meeting in December would be held on December 24, 2019, and she asked if Council would like to cancel the meeting due to the holidays. Councilmember Keel moved that Council cancel the fourth Tuesday (December 24, 2019), Council meeting due to the holidays. Mayor Pro-tem Lucero seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes Yes Yes Yes c. Resolution No. HE-2019-1, Series 2019. Finance Director Burkett stated that Resolution No. HE-2019-1, Series 2019, approves the Annual Budget for the City of Cortez Hydro Electric Power Enterprise for the year 2020. He stated that Section 6 of Ordinance No. 1132, Series 2009, requires that City Council, as board of the City of Cortez Hydro Electric Power Enterprise, adopt an annual budget separate from the City’s general budget. In answer to a question from Councilmember Keel, Finance Director Burkett stated that the repayment of the Hydro Electric Power Plant is still some years out. Councilmember Keel moved that Council approve Resolution No. HE-2019-1, Series 2019, CITY COUNCIL REGULAR MEETING NOVEMBER 26, 2019 PAGE 4 approving the Annual Budget for the City of Cortez Hydro Electric Power Enterprise for the year 2020. 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 d. Resolution No. WE-2019-1, Series 2019. Finance Director Burkett stated that Resolution No. WE-2019-1, Series 2019, approves the Annual Budget for the City of Cortez Water Enterprise for the year 2020. He stated that Section 6 of Ordinance No. 1138, Series 2010, requires that City Council, as board of the City of Cortez Water Enterprise, adopt an annual budget separate from the City’s general Budget. In answer to a question from Councilmember Noyes, Finance Director Burkett stated that the budget is based upon the revenues received for the water enterprise. Councilmember Carlson moved that Council approve Resolution No. WE-2019-1, Series 2019, approving the Annual Budget for the City of Cortez Water Enterprise for the year 2020. Councilmember Lavey seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek No Yes Yes Yes No No Yes e. Resolution No. 33, Series 2019. Finance Director Burkett stated that Resolution No. 33, Series 2019, approves the Annual Budget for the Cortez Community Network (CCN) Enterprise for the year 2020. He stated that Section 6 of Ordinance No. 1153, Series 2011, requires that City Council, as board of the Cortez Community Network Enterprise, adopt an annual budget separate from the City’s general budget. In answer to a question from Mayor Sheek, Director of General Services Smith explained how the fees were established for the CCN Enterprise, at the direction of Council to have the fiber network pay for its costs. He stated that the current agreement started in 2011 and none of the costs have been updated since the original agreement was established. He spoke about the new items that have been added to the fee schedule and the changes made to the contract. He stated that the service providers were required to be notified of any changes that would be applied to the contract, which was done in September 2019. He stated that several meetings have been held with the service providers explaining the changes that were being recommended. He stated that the agreement is a non-exclusive agreement and all providers should be treated the same. Terry Hinds stated that he does not agree with the Voice Over IP pricing and has used the platform that the City bought for over 13 years. Mr. Hinds stated that he does not agree with the Customer Private Information (CPI) audit request and questioned if it was legal for the City to know Farmers’ customer information. City Attorney Green stated that an audit can be required as it would confirm the amount of accounts that the City is providing to a service provider. Mayor Sheek explained that the City has not covered their costs for the fiber network for a number of years and that has to be corrected. Director of General Services Smith explained that discussion on the fee changes began with Council in 2018. He explained how the fees were determined stating that the revenue projected is flat and would cover operations. City Attorney Green stated that the Cortez Community Network was created as an Enterprise Fund and by definition the revenues are supposed to cover the costs. He stated that loans have been made from other City funds to keep the CCN program going and that has to stop as the CCN Enterprise Fund needs to pay for itself. Mr. CITY COUNCIL REGULAR MEETING NOVEMBER 26, 2019 PAGE 5 Hinds stated that he understands how to run a telephone company and commented on the location of the City’s network and the infrastructure. Councilmember Carlson stated that the contract is a boiler plate contract and the provision regarding the service providers accepting the renewal term with the new or modified provisions or to terminate the agreement at the end of term, allows the service provider to chose what they would like to do as the City renegotiates their business practices and changes their terms. She stated that Council has directed City Manager Dougherty to complete the contract as was presented. In answer to a question from Councilmember Keel, Finance Director Burkett explained that the attachment to the resolution is for the expenditure portion of the CCN fund. Finance Director Burkett explained that the Intergovernmental Expenditure has been added to many of the different departments so the true price of operating is known in each department. In answer to a question from Councilmember Keel, City Attorney Green stated that he feels that Section 1.7 of the contract is a legal term and the service providers signed the agreement with the term that the City can audit the Service Providers monthly billing records in order to insure proper payment to the City. In answer to a question from Councilmember Keel, Director of General Services Smith stated that the only information that is required from the service provider is an address and what service they are provided, no any other personal information is received. Councilmember Lavey moved that the City approve Resolution No. 33, Series 2019, approving the Annual Budget for the Cortez Community Network (CCN) Enterprise for the year 2020. Councilmember Carlson seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek No Yes No Yes No Yes Yes f. Resolution No. 26, Series 2019. Finance Director Burkett stated that Resolution No. 26, Series 2019, approves the fees and charges for Public Works services and materials provided by the City of Cortez. He explained that the only rate increase for 2020 is for chipping services which was increased from $40 to $50 for the first 20 minutes. It was noted that ‘time clock’ doesn’t begin on the chipping service until the crew starts chipping. It was noted that the minimum fee has not been increased in ten years. Councilmember Carlson moved that Council approve Resolution No. 26, Series 2019, approving the fees and charges for Public Works services and materials provided by the City of Cortez. Councilmember Keel seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek No Yes Yes Yes No Yes Yes g. Resolution No. 27, Series 2019. Finance Director Burkett stated that Resolution No. 27, Series 2019, approves fees and charges for the Planning and Building Department services and materials provided by the City of Cortez. He noted that the fee changes proposed are a reduction in the fees charged for Open Records Retention to match the City Clerk fees that were recently updated; the 5% Cash-in-Lieu fee is down from $15,000 per acre to $14,500 per acre. He stated that the permits for roof, fence, siding, residential deck, non-habitable portable structure, foundation only, demolition, and RV home set-up inspections is up from $40 to $75 as most permits require at least two inspections and the previous fee didn’t cover staff time. He stated that a new fee added to the CITY COUNCIL REGULAR MEETING NOVEMBER 26, 2019 PAGE 6 Planning and Building Department penalizes contractors/residents that do not bother to get the required permits and information necessary to do work within the City limits and is set at $250. He noted that valuations are set by the Building Valuation Data for building permit fees. Discussion was held about the fence permit fee/RV home set-up inspection fee being the same amount and the time that would be required for inspections. Councilmember Noyes moved that Council approve Resolution No. 27, Series 2019, approving the fees and charges for the Planning and Building Department services and materials provided by the City of Cortez. Councilmember Carlson seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek No Yes No Yes No Yes Yes h. Resolution No. 28, Series 2019. Finance Director Burkett stated that Resolution No. 28, Series 2019, establishes Refuse Collection rates for the City of Cortez. He stated that due to rate increases at the County Landfill, in addition to fuel costs, equipment costs, and volatility in the recycling market, a 5% increase has been recommended for the dumpster pickup fees. Councilmember Carlson moved that Council approve Resolution No. 28, Series 2019, establishes Refuse Collection rates for the City of Cortez. Councilmember Lavey seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes No Yes Yes i. Resolution No. WE-2019-2, Series 2019. Finance Director Burkett stated that Resolution No. WE-2019-2, Series 2019, establishes the Water Rate and Water Development charges for the City of Cortez Water Enterprise. He stated that currently the water fund is able to maintain its operating costs; however, rate adjustments need to be made to keep up with the rising costs of infrastructure repairs, treatment chemicals, and capital expenditures. He stated that the water rates have been increased by approximately 5%. It was noted that the City is working towards being a ‘Water Wise City’ and encourages residents to be more aware of how they use their water. Councilmember Keel moved that Council approve Resolution No. WE-2019-2, Series 2019, establishing the Water Rate and Water Development charges for the City of Cortez Water Enterprise. Councilmember Carlson seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes No No Yes j. Resolution No. 32, Series 2019. Finance Director Burkett stated that Resolution No. 32, Series 2019, approves the fees and charges for the Cortez Library by the City of Cortez. He stated that none of the fees have changed for the Library since they were originally proposed in 2002. Councilmember Lavey moved that Council approve Resolution No. 32, Series 2019, approving the fees and charges for the Cortez Library by the City of Cortez. Councilmember Keel seconded the CITY COUNCIL REGULAR MEETING NOVEMBER 26, 2019 PAGE 7 motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes No Yes Yes k. Resolution No. 30, Series 2019. Finance Director Burkett stated that Resolution No. 30, Series 2019, approves the fees and charges for the Cortez Parks and Recreation facilities, programs, and services offered by the City of Cortez. He reviewed the various fees that were changed were highlighted in yellow and noted that the fees are keeping the programs competitive and what the market dictates. He stated that it has been three to five years since some of the rates have been increased. He noted that due to minimum wages going up, the fee increase helps the City re-coup some of the revenue needed to keep the recreation facilities going. Councilmember Carlson moved that Council approve Resolution No. 30, Series 2019, approving the fees and charges for the Cortez Parks and Recreation facilities, programs, and services offered by the City of Cortez. Councilmember Lavey seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek No Yes Yes Yes No No Yes l. Resolution No. 31, Series 2019. Finance Director Burkett stated that Resolution No. 31, Series 2019, establishes the fees and charges for the City Clerk. He noted that the fees established by the City Clerk are the same as has been in previous years and are attached in one document. He noted that some of the fees are set by State Statute. Councilmember Betts moved that Resolution No. 31, Series 2019, establishes fees and charges for the City Clerk. Councilmember Carlson seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes No Yes Yes m. Resolution No. 34, Series 2019. Finance Director Burkett stated that Resolution No. 34, Series 2019, approves the fees and charges for the Cortez Community Network Enterprise, programs, and services offered by the City of Cortez. He stated that the fees are in detail and reviewed in the previous discussion on the CCN Enterprise. He stated that the fees are to bring the CCN Fund into a self-sustaining manner. Councilmember Carlson moved that Resolution No. 34, Series 2019, approves the fees and charges for the Cortez Community Network Enterprise, programs, and services offered by the City of Cortez. Councilmember Lavey seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek No Yes No Yes No Yes Yes n. Resolution No. 35, Series 2019. Finance Director Burkett stated that Resolution No. 35, Series CITY COUNCIL REGULAR MEETING NOVEMBER 26, 2019 PAGE 8 2019, establishes fees for services and reproduction of information for the City of Cortez Police Department. He stated that the Police Department fees have not changed since 2013. Councilmember Betts moved that Council approve Resolution No. 35, Series 2019, establishing fees for services and reproduction of information for the City of Cortez Police Department. Councilmember Noyes seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes No Yes Yes o. Resolution No. 36, Series 2019. Finance Director Burkett stated that Resolution No. 36, Series 2019, approves the fees for the Cortez Electric Vehicle (EV) Charging Station. Discussion was held on the hourly charge and the fee that would be charged when a vehicle is parked in the EV Charging Station after the four hour charge is completed. It was noted that signage would be placed in the EV Charging Station area regarding fee charges and if the parking area is not being used appropriately, the fees could be changed so that parking is not being used in the EV Charging Station unless someone is charging their vehicle. It was noted that $1.00 an hour covers the cost for the charge. Management Intern Heitzman noted that the fee is an average of what other communities charge. Mayor Sheek commented that the fee was set to encourage people to stop at the charging station in Cortez rather than go to another community. Discussion was held on who would be enforcing the fee charges and it was suggested that the language be cleaned up so it is clear that the EV parking spaces are for electric cars to use for charging their vehicles. Discussion was held on proper signage that would be needed so appropriate tickets could be issued should the parking not be used correctly (similar to handicapped parking). Councilmember Noyes moved that Resolution No. 36, Series 2019, approving the fees for the Cortez Electric Vehicle Charging Station be tabled until the next Council meeting (December 10, 2019). 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 p. Resolution No. 37, Series 2019. Finance Director Burkett stated that Resolution No. 37, Series 2019, approves the fees for Municipal Court. He stated that the fees are now listed in detail and no changes are proposed from prior years. It was noted that Court costs include $10.00 to the Bridge Emergency Shelter and $5.00 to the DARE Program-Drug Awareness Resistance program. Councilmember Carlson moved that Council approve Resolution No. 37, Series 2019, approving the fees for Municipal Court. Councilmember Noyes seconded the motion, and the vote was as follows: Betts Carlson Keel Lavey Lucero Noyes Sheek Yes Yes Yes Yes No Yes Yes 9. OTHER ITEMS OF BUSINESS – None. CITY COUNCIL REGULAR MEETING NOVEMBER 26, 2019 PAGE 9 10. ADDITIONAL CITIZEN PARTICIPATION – None. 11. CITY ATTORNEY’S REPORT – None. 12. CITY MANAGER’S REPORT a. Happy Thanksgiving. City Manager Dougherty wished everyone a Happy Thanksgiving and to those that are traveling God Speed and safe travels. 13. CITY COUNCIL COMMITTEE REPORTS a. Mayor’s Report on Workshop. Mayor Sheek stated that during the worksession Council discussed options for honoring Chief Roy Lane. It was noted that a retirement party will be held for Chief Lane on December 20, 2019, and it suggested that the Municipal Court be named after him. The Finance Department spoke on breaking down communication barriers; Finance strategic roadmap; forensic audit update; and Tabor calculations. A request for a Letter of Support for designation of International Night Sky Park for Mesa Verde National Park was discussed. 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. b. Cortez Cultural Center Meeting. Councilmember Lavey spoke about previous programs that have been held at the Cortez Cultural Center including the Teen Maze and Montezuma’s Revenge. He spoke about the Festival on the Plaza prior to and following the Parade of Lights on December 7, 2019. c. Mesa Verde Country Meeting. Mayor Sheek stated that she will present information on the Mesa Verde Country meeting at the next Council meeting as she did not have her notes. d. Parks, Recreation, and Forestry Advisory Board Meeting. Councilmember Lavey stated that discussion at the Parks, Recreation, and Forestry Advisory Board meeting included the status of the ‘South Neighborhood’ Park Project and re-naming City Park to Veterans Park. It was noted that names for the ‘South Neighborhood’ Park are still being received and information on how to vote for the name can be found on the City’s website. e. Drunkin’ Spelling Bee Contest. Councilmember Carlson stated that the 1st Drunkin’ Spelling Bee Contest will be held at Blondies on November 27, 2019. She stated that participants are not required to drink during the spelling bee contest which is for adults only. f. Silver Sneakers Pie Contest. Councilmember Lavey stated that there were over 20 different pies entered in the Silver Sneakers Pie Contest and three winners were chosen by various staff/Councilmembers. The regular meeting was adjourned at 9:20 p.m. CITY COUNCIL REGULAR MEETING NOVEMBER 26, 2019 PAGE 10 ________________________________ Karen W. Sheek, Mayor ATTEST: ___________________________ Linda L. Smith, City Clerk