City council gains power

City council gains power

August 30, 2001

By Janelle Holden
Journal Staff Writer

Wearing a pink vest with the words, "another taxpayer screwed by the City of Cortez," printed on the back, former Cortez city council member and council critic Darlene Denison told the board on Tuesday they would be violating the city’s charter by passing a proposed ordinance.

But the members unanimously passed the ordinance in question, which gives the council sweeping powers to regulate behavior on public property and thoroughfares by passing a simple resolution and posting signs, such as "No skateboarding on the tennis courts," or "No dogs on the golf course."

Previously, such rules would have had to be enacted through ordinances, which require three separate readings and a public hearing.

"I feel basically what you’re doing is you’re going to use a resolution to pass rules and regulations so that you don’t have to go through the public-hearing process, which would give the public a chance to speak to you, since they do not have a chance to speak on resolutions," said Denison. She then read from the city’s charter, which states:

"In addition to such acts of the council as are required by this charter to be by ordinance: Every act fixing compensation, making an appropriation, authorizing the borrowing of money, levying a tax, establishing any rule or regulation for the violation of which a penalty is enclosed, or placing any burden upon or limiting the use of private property shall be by ordinance (italics added)."

Because the city will impose an up-to-$300 fine or 90 days in jail for those who engage in the prohibited activity, Denison says the city council is required to enact the prohibition via an ordinance. A resolution requires only a simple vote of the council to be enacted.

But city officials maintained the new ordinance was proper.

"Essentially, we are doing by ordinance what the charter requires. We are just making it easier to respond to a bad situation," explained city attorney Jim Hatter.

Hatter wrote the ordinance after council members and staff expressed concerns about skateboarders doing damage to the tennis courts and library, and after the golf board asked the council to ban dogs from the golf course.

Mayor Joe Keck explained that the ordinance would be a way to "protect our public resources."

The resolution states that because there is no adequate way to make rules and regulations for the city’s numerous parks and facilities, and since the state law does not require an ordinance for every punitive violation, the city council can make it unlawful via a resolution for anyone to violate the city council’s prohibited activities on public property as long as a sign is posted or a city official warns the potential violator beforehand.

The ordinance provides that the city may adopt rules regarding preservation of property, wildlife, and vegetation; the use of public buildings or property; the prohibition of certain activities on public property; camping, picnicking and public meetings; vehicle use; and the control and limitation of fires where they are permitted.

The city is a home-rule city and operates under a city charter.

The council also:

Approved, on first reading, an ordinance to put on the Nov. 6, 2001, ballot the question of increasing the city sales tax by 0.55 percent in order to fund an $8.9 million bond for a new 43,000-square-foot city recreation center.

The city has to retire the bond by 2021, and expects to do so within 15 to 16 years of it being approved by the voters. There will be no penalty for paying it off early, according to a representative from George K. Baum and Associate, the issuer of the bonds.

The bond includes revenue to subsidize the center, which is expected to run at a loss. Once the bond is retired, the city will have to continue the subsidy without the 0.55 percent sales tax. A final public hearing on the ordinance was scheduled for the Sept. 11 council meeting.

Annette York, a senior consultant with Lee and Burgess Associates, a human-resources consulting firm hired by the city to analyze employee salary and benefits, presented her findings to the council at the workshop and meeting. York said that on average the city is behind market standards by 9 percent.

York said the reasons for Cortez’s lag in pay and benefits is that other cities like Montrose and Durango raised their pay scales in the last year, and the city contributes only 2 percent to employees’ retirement plans, while other cities and private organizations contribute 4 to 5 percent.

When asked whether making the benefit package better could attract or please employees, York answered, "I think in general what employees want is more dollars in their paycheck," something that the city council may not be able to do in what looks like one of the city’s tightest budget years in a decade.

"This is going to be the most challenging budget year that I’ve ever worked on," explained council member Jim Herrick at the council workshop. Employees of the Cortez police department came to the workshop to show support for a more competitive wage scale, but Herrick and others said it may be impossible to "pull a rabbit out of a hat" in a year when tourism has dropped by 20 percent.

"Our summer season just stunk," explained Kathi Moss, the city’s finance director, which is just another reason to begin developing ways to reduce dependence on a tourist economy, added City Manager Hal Shepherd.

The council also approved a request from street residents to put a four-way stop at the junction of Cottonwood Street and Montelores Avenue. Bruce Smart, director of public works, said the stop would help regulate traffic through the intersection and discourage vehicles from "short-cutting" across the corners encroaching into other lanes.