Montrose, CO — City Councilors met for their regular meeting Tuesday evening, February 15, to consider a number of resolutions, ordinances, a new historic property, and a contract award to improve irrigation in a pair of city parks.
Councilors Barbara Bynum, Dave Frank, Doug Glaspell, and David Reed met in City Council Chambers along with city staff. Councilor Anthony Russo was absent. Members of the public were invited to attend in-person or online via the Zoom platform.
The following is a summary of the primary topics discussed during the meeting.
Watch the meeting here.
PUBLIC COMMENT
No members of the public offered any comment.
APPROVAL OF MINUTES
City Councilors voted unanimously to approve the minutes of the January 31 special meeting, the February 1 regular meeting, and the February 2 special meeting.
The city’s archive of past meeting minutes can be found on the new Public Meetings Portal and at CityofMontrose.org/ArchiveCenter.
RESOLUTION 2022-03
City Councilors voted unanimously to approve Resolution 2022-03, authorizing the filing of a Community Development Block Grant application to fund economic development opportunities for persons of low and moderate incomes.
Community Programs Manager Kendall Cramer said Haven House owns property and seeks to expand its current facility at 4806 North River Road in Olathe by adding additional low-income and transitional housing units and establishing a Colorado-licensed early childhood education program, in order to continue providing assistance to the Montrose community and surrounding region.
RESOLUTION 2022-04
City Councilors voted unanimously to approve Resolution 2022-04 authorizing the City of Montrose Police Department to file a Victims of Crime Act (VOCA) grant through the Colorado Department of Public Safety, Division of Criminal Justice.
Police Chief Blaine Hall said the grant is for two years, totaling $65,000, for the two-year lease of a victim services vehicle at $11,000 ($5,500 per year) and $54,000 ($27,000 per year) for 49.09% of the full-time base salary of the victim advocate position for 2023/2024. The resolution also authorizes a grant match of $16,250 ($8,125 per year).
ORDINANCE 2563 - FIRST READING
City Councilors voted unanimously to approve Ordinance 2563 on first reading, extending the temporary moratorium on the relocation or establishment of any adult gaming arcade uses within the city limits of the City of Montrose.
City Attorney Matthew Magliaro said the moratorium shall be in effect for a period that shall terminate at the city’s adoption of an amendment to Title 4, Chapter 14 Adult Business Regulations, or the expiration of three hundred sixty-five (365) days from date of passage of Emergency Ordinance 2560, whichever occurs first.
In September 2021, the City Council passed the emergency ordinance in response to numerous concerns voiced by business owners, local residents, and police officers that adult gaming arcades have had secondary, negative impacts on neighboring businesses. That ordinance was for a period of 180 days.
According to Montrose police officers, increased crime has also been reported in the areas surrounding these businesses, including illegal drug use and distribution, public intoxication, violent crime, and increased calls for service from the Montrose Police Department.
Magliaro said since the emergency moratorium was passed last September, two local adult gaming businesses in Montrose are no longer operating in the city limits.
Magliaro said the city is awaiting any updates from the state legislature on this issue since adult gaming is technically illegal in the state of Colorado.
ORDINANCE 2577 - FIRST READING
City Councilors voted unanimously to approve Ordinance 2577 on first reading to repeal section 6-1-27 of the Municipal Code and recodify it into two separate sections: Underage Possession of Tobacco and Tobacco Paraphernalia in 6-1-26 and Underage Possession of Cannabis and Cannabis Paraphernalia in 6-1-27.
City Attorney Matthew Magliaro said the existing section is regularly cited incorrectly or incompletely into Municipal Court. Breaking the ordinance into separate topics enhances readability.
The change is intended to reduce the need to clarify charges orally at advisement, thereby benefiting the Montrose Municipal Court clerical staff, tasked with the preparation of forms for advisement, as well as the judge conducting the proceeding. It is expected to save time for the City Attorney’s Office as there should be less need to clarify or amend charges of this type at or before advisement. It also benefits defendants by affording a greater chance of adequate notice of the correct charge in advance of court proceedings.
ORDINANCE 2579 - FIRST READING
City Councilors voted unanimously to approve Ordinance 2579 on first reading, amending the zoning designation of the Yocum Addition from "R-2" Low Density District to "R-3A" Medium High Density District.
City Planner William Reis said the proposal is to rezone the Yocum Addition from “R-2” Low Density District to “R-3A” Medium High Density District for future development of multi-family housing. The property consists of approximately 7.3 acres.
ORDINANCE 2578 - FIRST READING
City Councilors voted unanimously to approve Ordinance 2578 on first reading, updating Title 4, Chapter 15, Historic Preservation Regulations of the City of Montrose's Municipal Code.
City Planner William Reis said city staff have undertaken a review of the Municipal Code Title 4, Chapter 15, Section 2 (4-15-2) in order to codify the appointment of an alternate Historic Preservation Commission member.
This modification cleans up the code and clarifies the role of the alternate member.
The proposed change is as follows:
Section 2-2-1: Creation of Planning Commission:
(B) Composition. The commission shall be composed of seven voting members, all of whom have demonstrated interest in, competence with, or knowledge of preservation. The Council may appoint alternate Historic Preservation Commission members in the same manner as regular appointments. The alternate Historic Preservation Commission members may be called to sit on the commission and vote as a member thereof on account of the absence of any regular member.
Councilors held a public hearing before voting to approve the ordinance.
HISTORIC PRESERVATION COMMISSION BYLAWS
City Councilors voted unanimously to approve a review and update of the Historic Preservation Commission Bylaws.
City Planner William Reis said city staff have undertaken a review of the Historic Preservation Commission Bylaws in order to better outline the process for appointing an alternate Historic Preservation Commission member, clarify the role of the alternate member, and define a quorum.
The change in Section 4-8 of the Historic Preservation Commission Bylaws is as follows:
Section 4-8: Meetings of the Commission
No official business of the Commission shall be conducted unless a quorum is present. The presence of four (4) Commissioners in the case of a 7-member Commission at any meeting shall constitute a quorum for transacting business and taking official action for all matters. The concurring vote of a quorum is necessary to constitute an official act of the Commission. Alternates shall assume the seat of any Commissioner in their absence or disability, and so seated shall be counted towards a quorum. Alternates are ex-officio at meetings and may contribute to discussion but may not cast a vote or make or second a motion, unless they assume a vacant Commissioner’s seat, in which case they are required to cast a vote and may make or second a motion.
ORDINANCE 2580 - FIRST READING
City Councilors voted unanimously to approve Ordinance 2580 on first reading, designating the S.H. Nye Building, 428 East Main Street, as a City of Montrose Historic Property pursuant to section 4-15 of the official code of the City of Montrose.
In reviewing the application, City Planner William Reis said, city staff submitted. and the commission concurred with, the following findings:
1. The structure meets the eligibility criteria per Montrose Municipal Code 4-15-3 (B) as follows:
a. The building is over fifty years old.
b. The building is significant for its association with the development of downtown
Montrose in the early twentieth century, housing stores and offices.
c. The building is significant for its association with Samuel H. Nye, prominent
Montrose rancher, businessman, and civic leader.
d. The building, although altered, is representative of the Twentieth Century
Commercial style in its brick construction, restrained ornamentation, double-hung
sash windows with transoms on the upper story, and large storefronts on the
lower story.
2. The structure has been found to also meet the integrity criteria per Montrose
Municipal Code 4-15-3.
The Nye Building is the ninth historic structure to be added to the city’s registry since its inception in 2019.
LIONS/BUCKLEY PARK IRRIGATION SYSTEM REPLACEMENT AWARD RECOMMENDATION
City Councilors voted unanimously to approve the award of an irrigation replacement contract to Stryker and Company, Inc., of Montrose, CO. in the amount of $802,074.
Public Works Manager Jim Scheid said the irrigation systems at Lions and Buckley Parks were installed in the early 1980s. These systems have aged beyond their useful life and have become quite problematic in keeping the parks irrigated.
The city’s Parks Division completed design for a new irrigation system in 2021 and, through estimates from suppliers and vendors, included the replacement project in the 2022 budget.
In November 2021 the city issued an RFP for the complete replacement of the irrigation system, which includes the pump house, control system, main lines, and irrigation system at Buckley and Lions Park. The city invited several contractors in the area to bid on the project.
Scheid said the city received a single bid for this project from Stryker and Company.
STAFF REPORTS
City Finance Director Shani Wittenberg delivered the sales, use, and excise tax report for December 2021. Wittenberg also delivered a fourth-quarter budget review to the council.
Read the reports in their entirety here.
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