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Posted on: March 3, 2022

Blog: CITY COUNCIL REGULAR MEETING: Tuesday, March 1, 2022

Montrose, CO — City Councilors met for their regular meeting Tuesday evening, March 1, to consider a number of resolutions and ordinances for Municipal Code changes and new annexations, as well as contract awards for various city projects. 


Councilors Barbara Bynum, Dave Frank, Doug Glaspell, and David Reed met in City Council Chambers along with city staff. Councilor Anthony Russo attended via Zoom. 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.


MOBILE HOME PARK REHABILITATION PROJECT PRESENTATION


The new owner of three local mobile home parks, Cottonwood Mobile Home Park, San Juan Mobile Home Park, and Green Acres Mobile Home Park, delivered an update to the council Tuesday. Rich Dana bought the parks in 2021 with the goal of rehabilitating the parks and improving the quantity of life for park residents.


Dana said a total of 21 mobile homes that were unlivable and in various stages of disrepair were torn down and removed from all three parks. Asbestos was also removed from any areas of the park where it was found. 


Dana also spoke about the other improvements that have been made in the parks; new water and gas lines, tree trimming and landscaping work, and new street lighting. 


In August 2021, Councilors voted unanimously to approve three new mobile home park permits to Dana along with $500,000 in financial contributions to help make the improvements. Dana said his investment is totaling about $4,492,592 for everything from asbestos abatement to new street lighting.


Deputy City Manager Ann Morgenthaler said other changes include upgrading the streets to accommodate emergency vehicles and removing dozens of uninhabitable units. 


The city’s $500,000 contribution will consist of $300,000 in funds from the city's federal American Rescue Plan funding and $200,000 from undesignated General Fund reserves. The investment represents 12% of the overall project cost.


APPROVAL OF MINUTES


City Councilors voted unanimously to approve the minutes of the February 15 regular City Council meeting.


The city’s archive of past meeting minutes can be found on the new Public Meetings Portal and at CityofMontrose.org/ArchiveCenter.


ORDINANCE 2563 - SECOND READING


City Councilors voted unanimously to approve Ordinance 2563 on second reading, extending the temporary moratorium on the relocation or establishment of any adult gaming arcade uses within the city limits 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 the 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 have ceased 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 - SECOND READING 


City Councilors voted unanimously to approve Ordinance 2577 on the second 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, that is 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 2581 - FIRST READING


City Councilors voted unanimously to approve Ordinance 2581 on first reading, updating Title 4 Chapter 4, Sections 2, 10, 14, 17, and 18 of the City of Montrose Municipal Code regarding zoning regulations to add a definition of supportive housing, barrier(s) to employment and housing stability, on-site supportive services, skilled nursing facility, and assisted living facility and specify where supportive housing is allowed.


Community Engagement Specialist Ross Valdez said this code amendment would increase solutions available to help individuals and families that are experiencing homelessness or at-risk of homelessness and address barriers to employment and housing stability by allowing supportive housing as a conditional use in the following zoning districts: “OR” Office-Residential District, “B-3” General Commercial District, “I-1” Light Industrial District, and “I-2” General Commercial District. 


The existing code does not allow for facilities that have ongoing, on-site supportive services and housing for those experiencing or at risk of homelessness. The proposed definition of supportive housing specifies that this use is not on an emergency or nightly basis and therefore does not include facilities that are commonly referred to as homeless shelters. Occupancy of supportive housing is intended to be long-term with stays of thirty (30) consecutive days or more.


The proposed code modification provides additional definitions for barriers to employment and housing stability, on-site supportive services, skilled nursing facility, and assisted living facility to further distinguish supportive housing as a use separate from existing uses in the City of Montrose. Nursing care facilities and assisted-living residences are licensed by the State of Colorado and are separate from supportive housing. The proposed amendment clarifies the code in order for supportive housing developers to understand the allowed locations for this type of use. 


Recommended Definition for Supportive Housing:

Supportive housing refers to housing that is designed to provide ongoing and on-site supportive services to help individuals and families experiencing homelessness or at risk of homelessness, and persons who have barriers (s) to employment and housing stability. Occupancy of supportive housing shall be designed and operated for stays of 30 consecutive days or more and not on a nightly or emergency basis.


ORDINANCE 2578 - SECOND READING


City Councilors voted unanimously to approve Ordinance 2578 on second reading, updating Title 4, Chapter 15, Historic Preservation Regulations of the City of Montrose Municipal Code. 


City Planner William Reis said city staff has 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 4-15-2: Historic Preservation 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.  


ORDINANCE 2579 - SECOND READING


City Councilors voted unanimously to approve Ordinance 2579 on second 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 for future development of multi-family housing. The property consists of approximately 7.3 acres.


ORDINANCE 2580 - SECOND READING


City Councilors voted unanimously to approve Ordinance 2580 on second 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. 


NIAGARA ROAD ADDITION ANNEXATION


City Councilors voted unanimously to approve the annexation of the Niagara Road Addition. 


The council approved Resolution 2022-05, Findings of Fact for the Niagara Road Addition, and Ordinance 2582 on first reading, to approve the annexation. 


City Planner William Reis said the Niagara Road Addition is approximately 0.456 acres in size. The property is located on the northern half of Niagara Road, approximately centered at the intersection with St. Mary’s Dr. 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 clean up an orphaned parcel of city right of way.


Proposed Zoning: “B-2” Highway Commercial District


Applicant: City of Montrose.


ORDINANCE 2583 - FIRST READING


City Councilors voted unanimously to approve Ordinance 2583 on first reading to zone the Niagara Road Addition as “B-2” Highway Commercial District. 


MEIR ADDITION ANNEXATION


City Councilors voted unanimously to approve Resolution 2022-06, Findings of Fact for the Mier Addition, and Ordinance 2584 on first reading, for the annexation of the Mier Addition. 


Senior City Planner Amy Sharp said the Mier Addition is 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 changed the request to “R-3” Medium Density District at Planning Commission on February 23, 2022.


Applicant: Calvin and Helen Mier.


ORDINANCE 2585 - FIRST READING


City Councilors voted unanimously to approve Ordinance 2585 on first reading to zone the Mier Addition as “R-3” Medium Density District. 


HOME OF THE BRAVE PRELIMINARY PLAT


City Councilors voted unanimously to approve the preliminary plat of the Home of the Brave development. 


Senior City Planner Amy Sharp said the Home of the Brave Preliminary Plat will subdivide a 39.4-acre parcel into a residential subdivision. The property is located adjacent to 6450 Road, which runs along the western edge of the property. It is located approximately 0.5 miles north of Hwy 50. The property is zoned “R-3” Medium Density. The proposed subdivision will consist of 148 residential lots, plus a clubhouse and park/playground. This subdivision will include 116 single-family lots and 32 duplex lots for a total of 180 dwelling units. This parcel was annexed and zoned in 2000. A final plat will also be required within five (5) years of approval of this preliminary plat as required by the City of Montrose Municipal Code, Section 4-7-5(C) (1) (a).


Applicant: Todd and Maya Haynes


Planning Commission Recommendation:

The Planning Commission recommended approval of the Home of the Brave Preliminary Plat at the February 9, 2022, meeting. 


RIVERBEND RV PARK TRAVEL HOME PARK PERMIT


City Councilors voted unanimously to approve a revised travel home park permit for Riverbend RV Park located at 65120 Old Chipeta Trail, just north of Chipeta Lake.


Senior City Planner Amy Sharp said the Riverbend RV Park is requesting an update to the site plan for its existing travel home park permit in order to expand services and facilities within the existing park. This update must be approved by both the Planning Commission and City Council. 


Planning Commission Recommendation: 

The Planning Commission recommended approval of the Riverbend RV Park Permit at its February 9, 2022, meeting.


LOT A, REPLAT OF MCKINLEY  SUBDIVISION, AMENDMENT NO 1


City Councilors voted unanimously to approve the Lot A, Replat of McKinley Subdivision, Amendment No. 1 plat.


City Engineer Scott Murphy said the replat includes a new dedication of rights of way and easements for the future construction of a roundabout at the intersection of East Oak Grove and Woodgate Roads.


NIAGARA-HILLCREST ROUNDABOUT DESIGN CONTRACT 


City Councilors voted unanimously to approve a contract award to Felsburg, Holt, and Ullevig in the amount of $183, 423 for completion of design studies and civil design associated with the Niagara-Hillcrest Roundabout Project. 


City Engineer Scott Murphy said the city performed a traffic study of the Hillcrest Drive corridor between Miami and Niagara Roads in early 2016. Based on the results of this study and in response to citizen requests, the city has elected to install roundabouts along this corridor to address capacity and safety issues at each of its minor arterial intersections (Miami, Sunnyside, and Niagara). Since the completion of this study, roundabouts have been constructed at Hillcrest’s intersections with Sunnyside and Miami Roads. 


The Niagara and Hillcrest intersection is currently controlled as a four-way stop. A traffic study performed in 2021 indicated that the intersection is approaching capacity and could experience unacceptable levels of service in the foreseeable future due to continued and accelerating traffic growth in the area. In response to this, the city is looking to complete design work and perform property acquisitions for a roundabout at this intersection in 2022.


Request for Proposals and Design Team Recommendation:

On January 7, the city issued a request for proposals to procure a design team for the project. This design team would be responsible for performing the following key tasks:

• Perform all property and base map surveys for the project area 

• Perform an updated traffic study to evaluate traffic growth and the long-term performance of the intersection. These studies work to ensure a roundabout will function as desired into the future and help to guide the design of the roundabout’s geometry. 

• Perform geotechnical, hydrologic, and hydraulic design studies to aid in the design of project elements (pavement thickness, pipe sizes, etc). 

• Design roundabout geometry and grading. 

• Design utility replacements for aged city-owned infrastructure within the intersection. 

• Prepare plans for the relocation of conflicting utilities and undergrounding of electrical infrastructure. 

• Prepare project plans, specifications, and cost estimates. 


Proposals were publicly received on January 27, from just two Colorado consultants. Murphy said the city selected Felsburg, Holt, and Ullevig (FHU) as the preferred consultant. The negotiated price for completion of this design is $183,423 on a time-and-materials, not-to-exceed basis and this price is within expectations of the city. It should also be noted that FHU was the successful design consultant for the Miami-Hillcrest Roundabout Project.


Project Schedule: 

Project design is expected to be completed in 2022. As soon as the project footprint is finalized, the city will begin working on partial property purchases needed to support the project. Detailed construction cost estimates will also be prepared as early as possible for use in capital planning and budgeting efforts. The construction of the project is not scheduled at this time, pending the outcome of required property acquisitions and other capital priorities within the city. 


PAVEMENT MARKING CONTRACT EXTENSION 


City Councilors voted unanimously to approve a contract extension with Stripe a Lot for pavement striping on city roadways in the amount of $175,000. 


Public Works Manager Jim Scheid said the city’s Streets Division contracts for the striping of city streets. The contractor will stripe all streets that require striping at least once per year and all crosswalks, stop bars, arrows, etc., as needed. The contractor will also apply a preformed plastic coating at all roundabouts and high-traffic areas. This type of application will be completed at least once per year but will be applied as needed. 


Stripe a Lot has performed very well over the past few years for the City of Montrose and surrounding communities. 


The original contract was issued to Stripe a Lot in 2021 following an RFP process. The scope for 2022 has remained very similar to 2021, except that some of the material types have been adjusted to utilize a higher-performing epoxy in areas with higher traffic loads. Stripe a Lot has submitted a letter from their supplier documenting an increase in raw material cost from 2021 and is proposing a 10% increase to their 2021 rates.


STAFF REPORTS


City Engineer Scott Murphy gave an update on city projects, stating that city crews are busy working to complete waterline work on Townsend Avenue. Murphy said crews are using the warm weather to get ahead of various other projects around the city. 


Public Works Manager Jim Scheid said city crews are out fixing potholes every day this time of year. He also said the new traffic signal at Main Street and Nevada Avenue is almost complete. 


Montrose Police Chief Blaine Hall said the department’s Citizens Police Academy will begin soon with18 participants. Hall said the academy was canceled for the past two years due to COVID. The department’s Spanish academy will also begin soon. 


Youth City Councilor Grace Hotsenpiller said the Youth Council is working on ways to expand counseling options for students. 


•••

 

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 or on-demand through the city’s Public Meetings Portal.

 

For more city news visit CityOfMontrose.org.

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