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CORTEZ CITY COUNCIL
REGULAR MEETING
TUESDAY, DECEMBER 12, 2023
7:30 P.M.

CALL TO ORDER, PLEDGE OF ALLEGIANCE, ROLL CALL, APPROVAL OF AGENDA.

CONSENT AGENDA

The listing under "Consent Agenda" is a group of items to be acted on with a single motion and vote. This agenda is designed to expedite the handling of limited routine matters by City Council. Either the public or a Councilmember may request that an item may be removed from the Consent Agenda at that time, prior to Council's vote. The Mayor will ask if a citizen or Councilmember wishes to have any specific item removed from the Consent Agenda for discussion.

Approval of the Worksession and Agenda Minutes for November 28, 2023.

Approval of the Expenditure List for December 12, 2023

Approval of a renewal Retail Liquor Store Liquor License and Tasting Permit for West Slope Liquors, Inc., DBA West Slope Liquors located at 2212 East Main Street, Suite 1, Cortez.

Approval of a Special Event Permit for Cortez Area Chamber of Commerce to host a "Business After Hours" event on December 21, 2023, on the premises of Dolores State Bank, located at 744 East Main Street, Cortez.

PUBLIC PARTICIPATION

There is no limit to the number of speakers, although public comments will be held to an overall time limit of 30 minutes.
(Speakers have a time limit of three (3) minutes per person, may only speak once, and may not cede time to another commenter. Please reference rules below.)

PRESENTATIONS

Years of Service Awards

PUBLIC HEARINGS

UNFINISHED BUSINESS

NEW BUSINESS

Resolution No. 22, Series 2023

Resolution No. 22, Series 2023, a Resolution providing for appropriate uses of Old Hire Police Pension Fund where no beneficiaries exist or may exist.

Presenter: Matt Cashner, Human Resources Director

Resolution No. 31, Series 2023

Resolution No. 31, Series 2023, a resolution approving an amended plat of Lots 1-8, Block 2W, Western Addition to the Town of Cortez, Colorado, in the Commercial Highway (C) Zoning District.

Presenter: Contract City Planner Nancy Dosdall

Award of Universal Maintenance Machine, Sweeping, Verticutting, and Flail-type Mowing Unit aka Turf Sweeper

Award of Universal Maintenance Machine, Sweeping, Verticutting, and Flail-type Mowing Unit aka Turf Sweeper to Potestio Brothers not exceeding $54,272.00.

Presenter: Creighton Wright, Director of Parks and Recreation

Employee Access to the Cortez Recreation Center

Should the City provide free employee access to the Recreation Center as an employee benefit?

Presenter: Drew Sanders, City Manager

DRAFT RESOLUTION/ORDINANCES

CITY ATTORNEY'S REPORT

10.

CITY MANAGER'S REPORT

11.

CITY COUNCIL COMMITTEE REPORTS

Mayor's Report on Workshop

Other Board Reports

12.

OTHER ITEMS OF BUSINESS

Executive Session as needed.

13.

PUBLIC PARTICIPATION

There is no limit to the number of speakers and no overall time limit.
(Speakers have a time limit of three (3) minutes per person, may only speak once, and may not cede time to another commenter. Please reference rules below.)

14.

ADJOURNMENT

PURSUANT TO RESOLUTION 11, SERIES 2022, PUBLIC COMMENT:

--Individuals may comment regarding items on the Council agenda or any other topic they wish to address the City Council about, including items discussed in a previous Council Workshop. Those wishing to comment must register by completing an "Intent to Speak" card (located outside of the Council chambers). Completed cards will be collected at the start of the meeting and delivered to the Mayor, who will call each speaker to the podium at the appropriate time. Comments specific to agenda items scheduled for public hearings should be reserved and delivered during the public hearing session.
--Courtesy, civility, and respect for others is expected. All comments should be addressed directly to the Council. Commenters who are called upon by the Mayor to speak are the only persons allowed to speak during the allotted time. Comments, or other distractions from the audience intended for commenters or others are not permitted. The Mayor, as the chairperson for the meeting, retains the discretion to deviate from the formats described below.
--There are two general opportunities for citizens to address the Council:
For the first opportunity (which will occur toward the start of the meeting) there is no limit to the number of speakers, although public comments will be held to an overall time limit of 30 minutes so City business may proceed. Speakers have a time limit of 3 minutes per person, may only speak once, and may not cede time to other commenters.
For the second opportunity (which will occur toward the end of the meeting) there is no limit to the number of speakers, and no overall time limit. Speakers have a time limit of 3 minutes per person, may only speak once, and may not cede time to other commenters.
--Other Opportunities to Participate
Citizens may also participate via email if addressed to councilcomments@cortezco.gov. Comments received by 3:00pm the day of a Council meeting will be delivered to Council the same day and entered into the meeting minutes. Citizens may also send letters to the Council by addressing them to "City Council" 123 Roger Smith Ave., Cortez, CO 81321. In-person deliveries are also accepted.

MOTION TO GO INTO EXECUTIVE SESSION:
--For a conference with the City attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b);
--For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators under C.R.S. Section 24-6-402(4)(e);
--To discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. Section 24-6-402(4)(a)
--For discussion of a personnel matter under C.R.S. Section 24-6-402(4)(f) and not involving: any specific fie 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
--For discussion of a matter required to be kept confidential by the following federal or state law, or regulation: ____ under C.R.S. Section 24-6-402(4)(c)
--For discussion of specialized details of security arrangements or investigations under C.R.S. Section 24-6-402(4)(d)
--For consideration of documents protected by the mandatory nondisclosure provisions of the Open Records Act under C.R.S. Section 24-6-402(4)(g)

AND THE FOLLOWING ADDITIONAL DETAILS ARE PROVIDED:
(a brief description must be included following the statute citation regarding why the executive session is being held)

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Linda Smith
City Clerk
123 Roger Smith Avenue
Cortez, CO. 81321
lsmith@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

DONNA MURPHY, DEPUTY CITY CLERK

Date:

12/04/2023

RE:

Approval of the Worksession and Agenda Minutes for November 28, 2023.

Attachments

Worksession Minutes 11.28.2023

Council Agenda Minutes 11.28.2023

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Kelly Koskie
Director of Finance
123 Roger Smith Ave
Cortez, CO. 81321
kkoskie@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

SARA COFFEY, PAYROLL/SALES TAX ADMINISTRATOR

Date:

12/05/2023

RE:

Approval of the Expenditure List for December 12, 2023

Attachments

Expenditure List

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Linda Smith
City Clerk
123 Roger Smith Avenue
Cortez, CO. 81321
lsmith@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

DONNA MURPHY, DEPUTY CITY CLERK

Date:

11/30/2023

RE:

Approval of a renewal Retail Liquor Store Liquor License and Tasting Permit for West Slope Liquors, Inc., DBA West Slope Liquors located at 2212 East Main Street, Suite 1, Cortez.

Attachments

Renewal- West Slope

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Linda Smith
City Clerk
123 Roger Smith Avenue
Cortez, CO. 81321
lsmith@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

DONNA MURPHY, DEPUTY CITY CLERK

Date:

11/30/2023

RE:

Attachments

SEP Chamber of Commerce

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Drew Sanders
City Manager
123 Roger Smith Avenue
Cortez, CO. 81321
dsanders@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

DREW SANDERS, CITY MANAGER

Date:

December 1, 2023

RE:

Years of Service Awards

Attachments

Years of Service Awards

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Matt Cashner
Human Resources Director
123 Roger Smith Avenue
Cortez, CO. 81321
mcashner@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

MATT CASHNER, HUMAN RESOURCES DIRECTOR

Date:

November 30, 2023

RE:

Resolution No. 22, Series 2023

DISCUSSION

The City would like to withdraw the remaining assets and terminate the existing plan. The funds will be used to offset the City's regular contributions into the existing police officer's Money Purchase Plan with Mission Square. The FPPA fund had $260,201.29 as of 9/30/2023.

BACKGROUND

The City of Cortez used the Fire and Police Pension Association (FPPA) as a retirement plan in the 1970's. This plan was referred to as the "Old Hire Plan." In 1979 the police officers voted to change to a new plan with the Fire and Police Pension Association. Two officers elected to stay on the Old Hire Plan and the last surviving spouse passed away in 2022. This person's passing triggered FPPA to contact the City of Cortez about the City's intentions concerning the use of the remaining funds left in the Old Hire Plan. The City is required to do something with these funds and is governed by state statute as to what can be done with the funds. FPPA states if no person can become or is eligible for payment of a benefit from this Old Hire Police Plan, the City may authorize use of the money in the Old Hire Police Plan to make employer contributions under a local money purchase plan. Per FPPA's records, Cortez's paid police officers participate in a local money purchase plan.
Requirements to utilize these funds are that at least 60 days before adoption of a resolution, the City must publish one notice in a newspaper having general circulation within the municipality. The notice shall state the intent of the City to use the money in the plan. The notice shall state that persons who believe they are or may be entitled to benefit payments shall have 60 days from the date of the notice in which to file an objection, in writing, with the governing body regarding its proposed use of the fund. A public notice was drafted and published in the Cortez Journal on 9/27/2023. One person spoke with City Manager Drew Sanders about the fund but has not filed an objection in writing. The second requirement from FPPA is a resolution must be adopted stating the City's desire to withdraw the remaining assets and terminate the plan as required by the Idle Funds Statutes.

RECOMMENDATION

Staff recommends Council pass Resolution #22, Series 2023, which resolution allows the City to utilize the funds to offset the City's contributions into the existing police officer's Money Purchase Plan with Mission Square and terminate the Old Hire Plan with FPPA.

MOTION

If agreed upon by the City Council, a possible motion would be:
I move that the City Council pass Resolution #22, Series 2023, which resolution allows the City to utilize the funds to offset the City's contributions into the existing police officer's Money Purchase Plan with Mission Square and terminate the Old Hire Plan with FPPA.

Attachments

Resolution No. 22, Series 2023

Public Notice

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Rachael Marchbanks
Community/Economic Development Director
123 Roger Smith Ave
Cortez, CO. 81321
rmarchbanks@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

Cheryl Lindquist, Permit Technician/Deputy City Clerk

Date:

12/05/2023

RE:

Resolution No. 31, Series 2023

DISCUSSION

See attached.

BACKGROUND

The applicant, The S N Warehouse, LLC, recently received approval for a conditional use permit to establish/renovate a storage facility located on property located at 459 W North Street. There is an existing building on the western lot that has never been completed. The applicant plans to renovate the existing building into a climate-controlled indoor storage with a small office, meeting room, and kitchen for employees. The second structure will consist of covered outdoor storage for large recreational vehicles, boats, etc. The eastern lot is currently vacant. A lot consolidation is required prior to construction.

FISCAL IMPACT

Not studied.

RECOMMENDATION

Staff recommends Council approve Resolution No. 31, Series 2023, a resolution approving an amended plat of Lots 1-8, Block 2, Western Addition to the Town of Cortez, Colorado, in the Commercial Highway (C) Zoning District, with the following conditions:

All requirements of utility providers, City departments, CDOT and affected districts must be satisfied, as outlined in adopted City Codes and other regulatory documents.
The plat shall be recorded at the Montezuma County Clerk and Recorders Office within six (6) months of Council approval, in accordance with Land Use Code Section 6.05 (d)(2)a.

MOTION

If agreed upon by the City Council, a possible motion would be:
I move that City Council approve Resolution No. 31, Series 2023, a resolution approving an amended plat of Lots 1-8, Block 2W, Western Addition to the Town of Cortez, Colorado, in the Commercial Highway (C) Zoning District, with the two conditions stated in the resolution.

Attachments

Staff Report

Resolution No. 31, Series 2023

Documentation

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Creighton Wright
Director of Parks and Recreation
425 Roger Smith Ave
Cortez, CO. 81321
cwright@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

CREIGHTON WRIGHT, DIRECTOR OF PARKS AND RECREATION

Date:

December 12, 2023

RE:

Award of Universal Maintenance Machine, Sweeping, Verticutting, and Flail-type Mowing Unit aka Turf Sweeper

DISCUSSION

The piece of equipment is a Universal Maintenance Machine: Sweeping, Verticutting, and Flail-type Mowing Unit Model 600. The Parks Team has been requesting this piece of equipment for years, but priorities in other departments have superceded it when annual funding is allocated from the Equipment Fund. This particular equipment can be used for multiple applications in our parks system and only requires one staff member to operate. One bid was received from Potestio Brothers not exceeding $54,272.00. This equipment is proprietary and not manufactured by any other entity, which essentially makes this a sole source purchase. It is only sold though dealerships. Due to dealer territorial concerns, we cannot expect more than a single bid on this particular piece of equipment.

BACKGROUND

A turf sweeper is the core piece of equipment necessary to renovate, aerate, dethatch, remove debris (sweep) like aeration cores, and level and refresh turf grass fields. It is four pieces of equipment in one. If staffing were available, we could use it most of the summer to keep fields in top condition. This year, it was used in a limited application to renovate and level the fields at the South Softball Complex and the South Park Site.

The Parks Division and the Golf Course currently share one turf sweeper. The current sweeper works great for the golf course but isn't ideal for the parks due to its size, limited features, and the labor intensiveness of its use. The specified unit is larger, and most importantly, Parks can operate it with one staff member as it has a hydraulic reticulating hopper that can dump directly into a pick-up or dump trailer.

Bid documents were prepared and advertised. Bids were received from one firm, Potestio Brothers.

FISCAL IMPACT

This equipment was not specifically included in the budget, but funds are available due to a projected surplus of $70,000 in FY2023 in the Parks Division Budget (001-4554).

RECOMMENDATION

Staff recommends that the Council award the Universal Maintenance Machine, Sweeping, Verticutting, and Flail-type Mowing Unit aka Turf Sweeper to Potestio Brothers not exceeding $54,272.00.

MOTION

If agreed upon by the City Council, a possible motion would be:

I move that Council award the Universal Maintenance Machine, Sweeping, Verticutting, and Flail-type Mowing Unit aka Turf Sweeper to Potestio Brothers not exceeding $54,272.00.

CITY OF CORTEZ
123 ROGER SMITH AVENUE
CORTEZ, CO 81321

Drew Sanders
City Manager
123 E Roger Smith Ave,
Cortez, CO. 81321
dsanders@cortezco.gov

Memorandum

To:

CORTEZ CITY COUNCIL

From:

DREW SANDERS, CITY MANAGER

Date:

December 5, 2023

RE:

Employee Access to the Cortez Recreation Center

DISCUSSION

The Cortez Rec Center is not only a resource for the community but also a resource for our employee team. The City currently pays 25% of the annual rec center membership for the employee and their family as a discount and benefit. In the last year (2023) 36 staff enrolled in the discounted rec center access. The City contributed $3,291, the staff generated revenue of $9,874; the City contributed an average of $91.42 per employee. While the 25% discount is a great benefit, it hasn't inspired staff to purchase passes. Only about 25% of employees currently have rec center passes. To realize the benefits of having access to the rec center, the City would like to consider providing free access to employees. This would incentivize employees to utilize the services and gain the added personal benefits leading to healthier employees, lower healthcare costs, increased productivity, and a great recruitment tool. The participation rate is expected to increase more than assumed because of part-time (PT) and seasonal staff access. While the employer benefits are significant, the PT and seasonal staff recruitment assistance is expected to increase the number of applicants.

BACKGROUND

See attached.

FISCAL IMPACT

2023

2024, estimated

2025, estimated

Discount Program

City pays 25%
50% family participation

15% Corporate Discount
City waives emp. cost
Assume 50% family participation

15% Corporate Discount
City pays emp. cost
Assume 50% family participation

Participants

City Cost

$3,291

$16,481

Employee Cost

$9,874

$6,892

Rec Center Revenue

$13,166

$6,892

$23,373

RECOMMENDATION

Staff recommends that Council approves providing the enhanced benefit, offering employees free access to the rec center. If approved by Council, the Director of Parks and Recreation will implement the program under guidelines provided by the City Manager.

MOTION

If agreed upon by the City Council, a possible motion would be:

I move that City Council authorize the City to offer employees no-cost Cortez Recreation Center access during their term of employment with the City of Cortez under rules outlined by the Director of Parks and Recreation and approved by the City Manager.

Attachments

Rec Pass Attachment