Montrose, CO — City Councilors met for a work session Monday morning, January 3, to hear potential updates to the city's Municipal Code, consider contract awards for upcoming city projects, and consider the City Council's meeting schedule for 2022.
Councilors Barbara Bynum, Doug Glaspell, Dave Frank, 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.
UPDATE TO MUNICIPAL CODE SECTION 6-1-27 UNDERAGE POSSESSION OF TOBACCO/CANNABIS AND PARAPHERNALIA
According to Assistant City Attorney Matthew Magliaro, the current Montrose Municipal Code Section 6-1-27 contains four separate crimes:
(1) Possession, use, or consumption of cigarettes or tobacco products (including chewing tobacco) by any person under the age of 18.
(2) The knowing possession of ‘smoking paraphernalia’ at or upon any public place by any person under the age of 18.
(3) Possession, use, or consumption of cannabis or cannabis products by those under the age of 21.
(4) The knowing possession of ‘drug paraphernalia’ by those under the age of 21 to introduce cannabis or cannabis products into the human body, in violation of the laws of Montrose. The ordinance also contains two separate definition sections, all bearing subparts, one affirmative defense, and three separate penalty provisions.
Currently 6-1-27 has a complicated structure that makes it difficult to read and to cite correctly on a charging document. As an example, the correct legal citation for underage possession of a vape pen containing a tobacco product is 6-1-27(I)(C), (I)(A)(3); for underage consumption of cannabis, 6-1-27(II)(A); and for possession of a glass bong containing a cannabis product, 6-1-27(II)(D)(1)(g)(xi), (II)(D)(3)(a). The uniform citation and complaint form used by Montrose Police Department only lists ‘MC 6-1-27’ with no subsections specified, requiring the officer to write in the precise subsection of charge, or requiring the municipal prosecutor to orally move to clarify the charge at the initial appearance of the defendant for advice. The latter happens on nearly every Municipal Court docket.
A proposal presented to council is to repeal Section 6-1-27 and recodify it into two separate sections: Underage Possession of Tobacco and Tobacco Paraphernalia in Section 6-1-26 and Underage Possession of Cannabis and Cannabis Paraphernalia in Section 6-1-27. Items have been moved within both sections as part of the recodification to follow a pattern order: (1) the substantive crimes; (2) definitions, arranged in alphabetical order; and (3) penalty for the substantive crimes. Subheadings on the penalty sections were added for additional clarity. Edits were made for consistency of language and to express more gender-inclusive nomenclature. Substantive edits were made to one section to replace the undefined term ‘smoking paraphernalia’ with a cross-reference to the extensive drug paraphernalia definition and considerations.
Magliaro said city staff recommends this change to avoid having the Municipal Code regularly cited incorrectly or incompletely into Municipal Court. Breaking the ordinance into separate topics enhances readability and will hopefully reduce the need to clarify charges orally at advisement. These adjustments would provide a benefit to the Montrose Municipal Court clerical staff who are tasked with the preparation of forms for advice, as well as the judge conducting the proceeding. The changes would also afford cited defendants a greater chance of adequate notice of the correct charge in advance of court proceedings.
City Councilors will consider the change at an upcoming City Council meeting.
2022 ANNEXATION REPORT AND THREE-MILE PLAN
City Councilors voted unanimously to approve the City of Montrose 2022 Annual Annexation Report and 3-Mile Plan, an annual approval stipulated by Colorado statutes.
Senior City Planner Amy Sharp said the city is required to adopt and file a plan each year that contains written policies and maps to illustrate annexation priorities, eligible enclave annexations, existing city limits, growth areas, and transportation routes. The plan will fulfill the statutory requirement to have a “plan in place” for the annexation of new properties in 2022.
Notable figures in Sharp's presentation include the total number of acres annexed into the city in 2018 (55.7 acres), in 2019 (17.68 acres), in 2020 (63.6 acres), and in 2021 (166.327 acres)
MIER ADDITION ANNEXATION
City Councilors were presented with a proposed annexation.
According to Senior City Planner Amy Sharp, the Mier Addition is a proposed annexation approximately 14.67 acres in size. The parcel is located east of 6530 Road, west of 6600 Road, and north of Locust Road. It is within the city’s
Urban Growth Boundary, Tri-County Water Service Area, and the City of Montrose Sewer Service Area. Annexation of this property will allow for future housing development. An annexation agreement will be required.
Proposed Zoning: “R-4” High Density District
Applicant: Calvin and Helen Mier
The City Council will set a hearing date at its January 18 meeting.
SOUTHEAST WATER TRANSMISSION MAIN PROJECT CONTRACT AWARD
City Councilors were briefed about a contract totaling $3,270,668 for the Southeast Water Transmission Main Construction Project. This award includes a construction contract to Williams Construction in the amount of $3,228,068 and a construction stakeout contract to Del-Mont Consultants in the amount of $42,600.
City Engineer Scott Murphy said the City of Montrose Water Master Plan calls for the installation of a 24-inch diameter transmission line starting at the connection point with Project 7, at U.S. Highway 50 near Miami Road, and ultimately running to the Sunnyside Road Water Tank.
In line with this plan, over the past several years the city has upsized approximately 1.2 miles of existing lines coming down Miami Road and turning south to Sunnyside Road along the 6800 alignment. This project will continue these efforts by installing a new 1.8-mile line from the intersection of 6800 and Sunnyside Roads south to the intersection of East Oak Grove and 6700 Roads.
The new line will run along open fields, rights of way, open space areas, and through the middle of Fox Park. The transmission main is a dedicated fill line for the tanks and, as a result, will generally run independent of the existing water distribution system. The line is needed in order to keep up within growing water demands.
HILL STREET EXTENSION PROJECT CONTRACT AWARD
City Councilors were presented with a contract totaling $1,053,380 for construction of the Hill Street Extension Project. This includes the award of a construction contract to Oldcastle SW Group in the amount of $1,028,280 and a construction stakeout contract to Del-Mont Consultants in the amount of $25,100.
City Engineer Scott Murphy said the City of Montrose Comprehensive Plan calls for the eventual extension of Hill Street as a minor arterial from its current terminus up to Miami Road. The project proposed by this contract will implement the first phase of this extension (approximately 1,400 linear feet) up to Sunnyside Road. The road extension is taking place concurrent with development of the Woods Crossing Subdivision currently under construction on either side of the roadway extension.
CERISE PARK WATERLINE BORE PROJECT CHANGE ORDER
City Councilors were presented with a contract change order totaling $30,000 to Ridgway Valley Enterprises on the Cerise Park Waterline Bore contract to compensate for out-of-scope work elements and unanticipated soil conditions.
City Engineer Scott Murphy said the City of Montrose Utilities Division has been working over the past two years to construct a waterline connection from the intersection of Shanes Way/Chipeta Drive, through Cerise Park, across the Uncompahgre River, and connecting to an existing water main in Riverbottom Park.
This line provides another redundant connection point across the Uncompahgre River (currently the city’s water system only has three river crossings) and also provides water service to the new amphitheater. The city’s in-house utility crews have completed all reaches of the waterline within Cerise Park and up to the Uncompahgre River.
WEST MAIN COMPLETE STREETS PROJECT GRANT CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION
City Councilors were presented with an update to a project with the Colorado Department of Transportation focusing on the West Main Street area.
In August 2021, the City of Montrose was selected to receive $2 million in funds from the Colorado Department of Transportation, CDOT, to improve the safety, mobility, and economic development of Montrose's West Main Street corridor.
The focus area spans from downtown Montrose west along Main Street to the West Main Trailhead at the Uncompahgre River. This project, entitled West Main Complete Streets, aims to create a safe corridor between the city's downtown business district and the Uncompahgre River, which is viewed as vital in terms of connecting downtown to this recreational area and the growing residential neighborhoods of west Montrose.
City Engineer Scott Murphy said the City Council would need to approve a resolution to enter into the agreement with CDOT to begin the design process.
Improvements to the West Main Street corridor will include roadway conversion, ADA-compliant sidewalks, and new bike lanes in both directions for the full length of the project area on West Main Street to enhance this essential connection for the residents of West Montrose. Final design will be developed through a public process and in coordination with CDOT. Improvements will be based on traffic studies and data collected throughout the West Main Street corridor.
City staff began working with local residents and consultants in summer 2020 to create a detailed vision of improvements to the West Main Street corridor. A key finding from those meetings was the need for a safe bike and pedestrian connection between the Uncompahgre River and downtown.
In the city’s grant application it was stated that this project will add an exciting and necessary connection to a variety of Montrose neighborhoods and will improve the quality of life for a very diverse group of Montrose residents.
More about this project will be released in the coming weeks and months.
MONTROSE PUBLIC SAFETY COMPLEX FF&E CONTRACT AWARD RECOMMENDATION
City Councilors were presented with a recommendation in the amount of $559,451 for the purchase and installation of furniture for the Montrose Public Safety Complex (MPSC).
Public Works Manager Jim Scheid said the city issued an RFP for the selection of a vendor to provide and install the furniture, fixtures, and equipment (FFE). Blythe Group and Company (BG&Co), the architect for the MPSC project, developed and managed the procurement of the FFE vendor through the city’s procurement process.
The scope for this vendor in this award is only for the furniture portion of “FFE”. This includes all tables, chairs, desks, cabinets, etc. throughout the building. The necessary fixtures and equipment needed for the project are included within scope of a contractor on the construction team or as an anticipated owner expense.
Three proposals were received and all are considered qualified and complete. Office Outfitters had the highest score using the proposal selection criteria and their bid is considered to be the best value to the City of Montrose.
2022 EQUIPMENT DISPOSAL LIST
City Councilors were presented with a list of equipment items set for disposal by the city.
Public Works Manager Jim Scheid said the city’s procurement process requires the City Council’s approval for the disposal of any city property valued at more than $1,000.
Replacements for the items on the list have been budgeted for 2022 under the Fleet Fund. Old items are disposed of after the replacement vehicle or equipment is received.
Items will be auctioned through Govdeals.com or via a local, reputable auction service. All items are disposed of in accordance with Section 1-16-5 of the Municipal Code.
AIRPORT WATERLINE MATERIALS RECOMMENDATION
City Councilors were presented with a purchase order for a waterline pipe from Core & Main in the amount of $84,800 for 12” C900 PVC pipe for the Airport Road waterline.
Utilities Manager David Bries said replacement of an existing 6-inch waterline along Airport Road with a 12 inch waterline is included in the 2022 water distribution program budget to improve flows and capacity in the area.
A request for bids (RFB #21-032) was issued for 1,840 feet of 12” PVC pipe with restrained joint gaskets. Three bids were received from local pipe suppliers. Core & Main submitted the low cost bid. Utilities Division crews will install this waterline over the next 6 to 8 months.
DESIGNATION OF OFFICIAL POST LOCATION FOR MEETING NOTICES
City Councilors were presented with a list of the official posting designations for all City Council meeting notices. Each January the council approves the locations for the following year. They include the City of Montrose website, CityofMontrose.org, as the official posting location for meeting notices. Bulletin boards located in the lobby and outside City Hall are designated as secondary locations for use in exigent or emergency circumstances.
City Clerk Lisa DelPiccolo said the council will vote to formally approve the locations in the consent agenda at a future regular meeting.
2022 CITY COUNCIL MEETING SCHEDULE
City Councilors were presented with a number of possible adjustments to the routine schedule for council meetings in 2022.
Any changes to the regular meeting schedule require a vote of the council. Work sessions can be scheduled as the council desires.
Holiday Conflicts
For Monday holidays that conflict with City Council work sessions, the protocol has been to schedule the work session at 10 a.m. on the Tuesday of the regular meeting. The holiday conflicts for 2022 are Martin Luther King Jr. Day on January 17, Independence Day on July 4, and Labor Day on September 5. If the council chooses to continue with the current protocol, these work sessions will be rescheduled for January 18, July 5, and September 6 respectively.
Election Day
The date of the municipal election always falls on the day of a regular City Council meeting. In the past, the regular meetings were canceled or rescheduled. Options for 2022 include moving the April 5 regular meeting to Monday, April 4, or to Tuesday, March 29, since March includes an extra Tuesday this year.
Colorado Municipal League Annual Conference
The CML Annual Conference is scheduled for June 21-24, which conflicts with the June 21 regular City Council meeting. In previous years, the meeting has been moved to the preceding Monday, which would be June 20.
Candidate Information Session
As part of the municipal election process, a candidate information session is tentatively scheduled for 5 p.m. on February 1. City Councilors lead a discussion with candidates on the role of City Councilors, expectations, time commitments, etc., and answer questions. Candidate names are also drawn for ballot position.
City Council Orientation and Retreat
An orientation and retreat is normally scheduled for the week after Election Day and before Councilors take the oath of office on April 19. For 2022, this would be the week of April 11.
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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 Public Meetings Portal.
For more city news visit CityOfMontrose.org.