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Posted on: September 21, 2021

Blog: CITY COUNCIL WORK SESSION: Monday, September 20

Montrose, CO — City Councilors met for a work session Monday morning, September 20, to meet new city employees, interview potential new members of the city’s Youth Council, and hear possible revisions to the Municipal Code. 


Councilors also discussed a proposed contract award for a sidewalk extension project and a grant filing to improve Pocket Park on Main Street. 


Councilors Barbara Bynum, Dave Frank, Doug Glaspell, David Reed, and Anthony Russo met in City Council Chambers along with city staff. Members of the public were also able to attend in person or via Zoom. 


The following is a summary of the primary topics discussed during the meeting. 


Watch the meeting here.


INTRODUCTION OF NEW CITY EMPLOYEES 


City Councilors welcome a few new members to the city staff. Adrianna Cole was hired as a restaurant worker at the Black Canyon Golf Course. Ben Munoz joined as a Streets Division worker, and Andy Palmer was hired as a Utilities Division worker. 


YOUTH CITY COUNCIL APPLICANT INTERVIEW


City Councilors viewed a video recording from Grace Hotsenpiller concerning her application to participate in the city's Youth Council for the 2021-2022 term. 


The Montrose Youth Council was established to encourage greater youth participation in the city’s government and is charged with actively providing the City Council with thoughtful recommendations on issues concerning youth and assisting city staff in considering youth perspectives in its planning efforts. Members are selected near the beginning of each school year from a pool of applicants. 


HAWK PARKWAY SIDEWALK EXTENSION PROJECT CONTRACT AWARD


City Councilors were briefed about a proposed contract award to Agave Construction in the amount of $75,900 for the construction of the Hawk Parkway Sidewalk Extension Project. 


City Engineer Scott Murphy said the city is continually working to improve pedestrian connectivity throughout the city by constructing and/or rehabilitating missing-link sidewalks, especially along major roadways. To that end, the city is looking to construct approximately 500 feet of sidewalk along the western side of Townsend Avenue between Hawk Parkway and Ogden Road. This project also supports a recent sidewalk extension performed by Golden Gate Petroleum on the southwestern corner of Townsend Avenue and Ogden Road as part of their site development. 


REVISIONS TO MUNICIPAL CODE TITLE 4, CHAPTER 1, SECTION 3 - FAMILY CHILD CARE HOMES AND CHILDCARE FACILITIES RELATED TO BUILDING CODE


City Councilors were presented with potential code revisions pertaining to childcare facilities operated in private homes. 


Senior City Planner Amy Sharp said city staff has undertaken a review of the Municipal Code Title 4, Chapter 1, Section 3 (C) in order to update building code requirements for various daycare, child care, adult day care, and residential group facilities. 


This code amendment is in response to House Bill 21-1222, which was signed on June 7, 2021. This house bill expands opportunities to access child care in family child care homes. According to this house bill, family child care homes shall be treated as residential property use. The proposed code amendment changes the requirement from five (5) children to twelve (12) children in the following sections to reflect the new state law. 


Recommended Actions:

1. Update Municipal Code Title 4, Chapter 1, Section 3 (C) to add #11-16 in Subsection (C) to reflect this change.

(11) Section 305.2 Daycare is amended by deleting five (5) and replacing it with twelve

(12).

(12) Section 308.4 Group I-4, Day Care Facilities is amended by deleting five (5) and replacing it with twelve (12).

(13) Section 308.5.1 Adult Day Care is amended by deleting five (5) and replacing it with twelve (12).

(14) Section 308.5.2 Child Care Facility is amended by deleting five (5) and replacing it with twelve (12).

(15) Section 308.5.2 Child Care Facility exception is amended by deleting five and replacing it with twelve (12).

(16) Section 310.1 Residential Group R is amended by deleting five (5) and replacing it with twelve (12).


ADULT GAMING ARCADE MORATORIUM ORDINANCE 


City Councilors were presented with a possible ordinance to temporarily prohibit the installation of adult gaming devices for a period of 180 days. 


According to Senior Planner Amy Sharp and Assistant City Attorney Matthew Magliaro, city staff has undertaken a review of the Municipal Code and the Colorado Constitution in order to define and better understand gambling, gaming, and related terms, as well as where such activities should be allowed within the City of Montrose. The Colorado Constitution regulates unlicensed gaming and authorizes limited gaming only within the commercial districts in municipal limits in Central City, Black Hawk, and Cripple Creek.


There are currently four businesses within the city limits that are engaged in the business of providing access to and the use of various video gaming machines that accept money and/or tokens from customers and pay monetary prizes. 


These activities may fit the legal definition of slot machine, gambling device, and/or simulated gambling device which are prohibited under Colorado state law. These businesses, which the city is hereby referring to as Adult Gaming Arcades, have had secondary, negative impacts on neighboring businesses. Increased crime has also been reported in the area surrounding these businesses, including illegal drug use, illegal drug distribution, public intoxication, violent crime, and increased calls for service from the Montrose Police Department. 


New businesses are being created to work around the definition of gambling and restrictions on where it could be allowed in various municipalities throughout Colorado. 


A temporary moratorium and ordinance amending the Municipal Code are being requested in order to address public health, safety, and welfare. This temporary moratorium would prohibit any new adult gaming businesses from relocating within city limits.


This ordinance would define some of the terms associated with these establishments and place conditions for operation for those businesses already located within city limits, in order to implement urgently needed regulations during the moratorium time period. This temporary moratorium and ordinance would provide city staff the time needed to further analyze the impacts of adult gaming arcades and determine whether such uses are legal and, if so, what zoning districts are most appropriate for this type of use.


Magliaro said there are currently four adult gaming arcades within the city limits. One business is currently located in the “B-1” Central Business District and three businesses are located in the “B-2” Highway Commercial District. Two businesses are located across the street from Pomona Elementary School.


Current Locations

● 401 N 1st St (Tap In)

● 1010 S Cascade Ave #C (Spin N Win)

● 1010 S Cascade Ave #A (Mad Skillz)

● 16367 S Townsend Ave (Gone Fishing)


Ordinance Summary:


1. Defines terms used in this industry including a slot machine, gambling device, simulated gambling device, adult gaming arcade, and crane game.


2. Enacts a temporary, 180-day moratorium on all new establishments or the relocation of existing establishments constituting adult gaming arcades, slot machines, gambling devices, and simulated gambling devices from the effective date of the ordinance, allowing time for the city to conduct further research. If a current establishment of this type closes during the moratorium, a new one would not be allowed to replace it.


3. Include a set of conditions of operation for existing adult gaming arcades to address public health, safety, and welfare concerns.


Montrose Police Sergeant Larry Witte told councilors about a number of incidents at local businesses that house adult gaming devices. Witte said multiple shootings, a stabbing, and multiple assaults have raised concerns from neighboring business owners, local residents, and police officers who say these businesses are a threat to public safety. 


Police Chief Blaine Hall said these businesses have taken a large amount of police officers’ time to respond to and investigate incidents. Hall said the moratorium would help get a handle on the situation as more of these businesses are looking to open in town. Hall said these establishments attract drugs and crime, and many of the individuals that frequent them are well known to the Montrose Police Department. 


A special meeting will be held to consider an emergency ordinance to prevent more adult gaming businesses from opening in town. 


GRACE COMMUNITY CHURCH ADDITION ANNEXATION 


City Councilors were presented with an annexation application for property located on the southern end of the city. 


Senior City Planner Amy Sharp said the Grace Community Church Addition II is a proposed annexation of approximately 3.48 acres in size. The parcel is located east of S. Townsend Avenue, west of Woodgate Road, north of Otter Road, and south of Ogden Road. It is within the city’s Urban Growth Boundary, the City of Montrose Water Service Area, and the City of Montrose Sewer Service Area. Annexation of this property will allow for future development and expansion of church services offered to the community. An annexation agreement will be required.


CDOT REVITALIZING MAIN STREET: SMALL MULTIMODAL & ECONOMIC RESILIENCE PROJECT 


City Councilors were presented with an ordinance to allow city staff to file for a grant with the Colorado Department of Transportation to help with improvements to Main Street. 


The CDOT Revitalizing Main Street: Small Multimodal & Economic Resiliency Project grant program provides grant funding to Colorado communities and organizations to support multimodal mobility and economic recovery projects that improve safety and transform urban spaces. 


Community Program Specialist Briceida Ortega said any funds awarded to the city would be used to improve Pocket Park located on Main Street. The City of Montrose could receive up to $150,000 to use towards the project. 


The ordinance reads "Pocket Park has been underutilized due to COVID-19 and has been identified as an area for improvement that will benefit from revitalization including, but not limited to, pedestrian and bicycle amenities, streetscaping, and public artwork."


GENERAL DISCUSSION 


City Councilor Anthony Russo said he was concerned about vape shops in town and the opportunity for children to acquire vaping devices. 


Councilor David Reed gave kudos to Montrose County for hosting another great Tribute to Aviation event at the Montrose Regional Airport this past weekend. 


Councillor Barbara Bynum said she attended a local childcare needs conference held in Montrose to discuss childcare needs in Montrose, and possible solutions. 


STAFF REPORTS


City Manager Bill Bell said city staff has been working to find ways to distribute funds from the American Rescue Package to local entities that serve the public. Bell said there have been discussions to help fund new childcare facilities to create about 70 new childcare slots in town. 


•••


All City Council meetings are recorded and made available online via the city’s website and cable channels 191 for Charter subscribers and 970 for Elevate subscribers. Replays of council meetings are also broadcast at 6 p.m. on the same channels on days that the council is not in session. 


In addition, each regular meeting is archived on the City of Montrose’s YouTube channel


Residents can watch all regular City Council meetings and work sessions live through the city’s website at CityOfMontrose.org/Video


For more city news visit CityOfMontrose.org.

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