November 15, 20175:30 PM

MayorBruce Brown called the regular meeting of the City Council to order. Present were Councilmen Milford Ashworth, Tom Litherland,Chris Hazlett and Steve Zoellner. City Clerk,Margaret Hazlettand City Attorney Lee Phillips were present. Minutes for the November 1, 2017 Regular meetingwere approved as written.

PUBLIC COMMENT:

No public comment.

CITY ADMINISTRATORREPORT:

City Administrator, Ray DuBois, stated he had asked Teller County Clerk & Recorder, Krystal Brown, to come in and give an update on the tied council race for Ward 5. Ms. Brown advised that today was the last date to cure the ballots. They had 7 ballots to be cured and 5 returned so with those 5 that can push the vote either way. Tomorrow they will upload those results and those results will be the final results. Whether it’s a tie or not those results will be what they are. On the 22nd will be when they certify. So, she will have her team of judges come in. One is a democrat and one republican and are the canvass judges. They come in and make sure that what has been done throughout the election is all good. On the day after that they submit their results to the Secretary of State and then it will be official. If the ballots they received back are not a tie breaker then they would possibly go into a recount and the recount would be done on the 22nd. But, she won’t know exactly, officially know when we can move forward with that. She believes we have five days from that to go to the municipality and council and then they will be able to do a “lot” drawing from there. So, the earliest of any official results will be the 22nd.

The next thing brought up by Mr. DuBois for his report was an update on the transparency legislation with the State Auditors for the HP Fund. It is a confidential audit. A report will be coming out in the next week or two. On Monday, December 4th, at least Paul, Ray and Renee will go before the legislative audit committee to answer any questions they may have for the performance audit. They are hoping that a couple members from the Historical Preservation commission and perhaps one or two councilmembers would also go along for supportand/or for backup.

FINANCE DIRECTOR REPORT:

Finance Director, Paul Harris, stated he would delay his comments.

CEREMONIAL BADGE PINNING FOR 2017 RECRUIT RESERVE FIREFIGHTERS; RANDY BALDWIN

The three (3) reserve firefighters then came up to be sworn in by City Clerk, Margaret Hazlett. The firefighters Kevin Fisher, Ryan Smith and Paul Rohman were sworn in and then their badges were pinned on by a family member.Chief Baldwin announced that these three (3) reserve firefighters graduated from their academy this year. Mayor Brown congratulated these new reserve firefighters and photos taken.

EXECUTIVE SESSIONCity Attorney Phillips, stated there is a request to go into executive session. Mr. Phillips then read the language for the appropriate motion,“To hold a conference with the city’s attorney to receive legal advice on specific legal questions, pursuant to C.R.S. §24-6-402(4)(b),”and, to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations, and/or instruct negotiators, pursuant to C.R.S. § 24-6-402(4) (e).” Mayor Brown made motion to go into Executive Session as read into record by City Attorney, Phillips; seconded by Mr. Hazlett and motion carried. Mr. Phillips requested that while still on the record the executive session attendees consist of: Council; City Administrator; City Attorney; Chief of Police; Finance Director, Harris; Director of Marketing & Events, Kitzman and at Council’s pleasure to include councilmember-elect, Meghan Rozell; Also included was Carol Stotts, HR Director.

Council went into Executive Session at 5:46 p.m. (BRIEF RECESS TAKEN): At 6:05 p.m. Council returned to chambers. Mr. Phillips then stated, “For the record the City Council of the City of Cripple Creek has been in Executive Session to hold a conference with the city’s attorney to receive legal advice on specific legal questions, pursuant to C.R.S. §24-6-402(4)(b) and to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations, and/or instruct negotiators, pursuant to C.R.S. § 24-6-402(4) (e). No formal actions were taken.” Councilman Hazlett made motion to adjourn Executive Session and to return to regular meeting. Seconded by Councilman Ashworth and motion carried.

FINANCE DIRECTOR, PAUL HARRISstated he was announcing that as of today the City has terminated its business relationship with Matthew Brown and Loma Vista Medical Center. The City has terminated our lease agreement with our facility with that firm and, also called “due” the loan that was made. The City will continue to work diligently to work with any doctors that want to work in the community and hope to find someone soon.

REQUEST APPROVAL FOR COLORADO DEPARTMENT OF TRANSPORTATION DIVISION OF TRANSIT AND RAIL FTA SECTION 5311 GRANT AGREEMENT FY 2018; Ted Schweitzer, Director of Transportation stated that this is for the Administration costs of Federal funds of $57,000. (80%) and Local funds of $14,250 (20%). Also, the Operating cost of $106,380 for both Federal and Local (50% each) for FY18 as stated in the packet. No public comments. Motion by Zoellnerto grant said motion as presented by Mr. Schweitzer and seconded by Litherland. Motion carried.

REQUEST APPROVAL OF AGREEMENT BETWEEN CITY AND BRONCO BILLY’S, “A TRUE COLORADO STYLE CASINO & HOTEL,” ALLOWING A HOLIDAY/SEASONAL LIGHT DISPLAY TO SPAN BENNETT AVENUE BETWEEN 2ND STREET AND 3RD STREET FROM THANKSGIVING THROUGH ICE FESTIVAL; Bill Gray, Planning Director stated that before council there is an agreement between the City and Bronco Billy’s for the light display as explained by the Mayor. The City felt we needed this agreement to address that the lights would be properly hung and have proper clearances and that Bronco Billy’s would be assuming the liability for that. The agreement has been reviewed by counsel and it has been approved to form. Bronco Billy’s had their counsel review the agreement andthey have approved and, also signed the agreement. So, it’s the recommendation of staff to council to approve the agreement as presented. Marc Murphy, GM with Broncos wanted to make a point that it’s not only Bronco Billy’s participating in this event. It is also Century Casinos and Triple Crown Casinos. This is an example of the industry reinvesting in the community and trying to make the community better. He appreciates the council’s support in this event.

No further comments. Motion by Ashworth to approve request as read and seconded by Zoellner and motion carried.

REQUEST APPROVAL OF ORDINANCE 2017-3, AN ORDINANCE ADDING A NEW ARTICLE 8 TO CHAPTER 4 OF THE CRIPPLE CREEK MUNICIPAL CODE IMPOSING A LODGING TAX. City Attorney, Lee Phillips explained to council that during the last municipal election of November 7th the electorate approved a ballot question imposing a six (6%) percent lodging taxin the City of Cripple Creek. This ordinance implements that vote and contains provisions regarding the method for collection and assessment of the tax. City administrator DuBois had a question. He asked that counsel address some recent correspondence with Mr. Kitzman regarding internet sales. Mr. DuBois just asked that if it needs to be in this ordinance that it is properly addressed. Mr. Phillips stated that the answer to the question is, “Yes.” In April of this year the ColoradoSupreme Court decided a case titled Denver Department of Revenue v. Expedia. The issue in this case is whether internet sales of rooms are subject to local lodging taxes. The answer to that question by the Colorado Supreme court was,“yes.” In terms of methodology for collecting, the general terms in this ordinance are sufficient to allow the collection of those types of internet sales. In being cautious Mr. Kitzman will contact City of Denver to find out if they have any special provisions regarding the collecting of the lodging tax for internet sales and if so we can incorporate those into this ordinance by second reading. Mr. DuBois wanted to point out that this question came about from Barb Shepard from Century Casino who contacted Mr. Kitzman about how that was going to be done. Mr. DuBois wanted to thank Barb and Eric from Century Casino for bringing it to our attention. Councilman Hazlett stated he would like to make a motion, but he was not going to and would like to defer this motion to either councilman Zoellner or councilman Ashworth to make their final motion. Zoellner made motion as presented and seconded by Ashworth. Motion carried. Mayor Brown just wanted to say sorry for the bad news on the medical facility, but it was not over, and the city would continue to search for someone.

Meeting adjourned at6:18 P.M.

APPROVED:ATTESTED:

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Bruce Brown, MayorMargaret Hazlett,City Clerk

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