Montrose, CO — City Councilors met for their regular meeting Tuesday evening, February 21, to consider a number of ordinances, purchase recommendations for city equipment, and a financial report for the fourth quarter of 2022.
Councilors Barbara Bynum, Doug Glaspell, and David Reed met in the temporary City Council Chambers in the Montrose Public Safety Complex along with city staff. Mayor Dave Frank and councilor Ed Ulibarri were absent.
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 public comments.
CONSENT AGENDA
City Councilors voted unanimously to approve the minutes of the February 6, 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.
In approving the consent agenda, the council also approved the appointment of Shiloh Warthen to the Montrose Youth Council.
RETAIL LIQUOR STORE CHANGE OF LOCATION
City Councilors voted unanimously to approve an application from Quick Stop LLC, doing business as West Main Liquor, to change its location from 113 West Main Street to 2201 South Townsend Avenue Unit 2B under a new name, Palace Liquor.
The City Council is the local liquor licensing authority for the City of Montrose. The council held a public hearing before voting to approve the change of name and location on the liquor license.
ORDINANCE 2612- SECOND READING
City Councilors voted unanimously to approve Ordinance 2612, on second reading, to update the city’s traffic code. Currently, the City of Montrose uses the 2003 Model Traffic Code for Colorado Municipalities. City Attorney Ben Morris said the last time the city updated its code was in 2005 and said city administrators believe the time has come to update it again.
City Municipal Judge Charles Greenacre said the local code follows the State of Colorado code and sometimes the state statutes “don’t fit” for a local jurisdiction. Greenacre said the City of Montrose made slight modifications to better integrate the state code into the city’s code.
Montrose Police Chief Blaine Hall said he supports the code change.
Adoption of the new code would change the policy and procedures that the city's Municipal Court follows when Montrose Police Department patrol officers write tickets for traffic infractions. Language pertaining to types and descriptions of traffic infractions, along with updated penalties, are also tied to the code update.
CROSSROADS PARK II PRELIMINARY PLANNED DEVELOPMENT
City Councilors voted unanimously to approve the Crossroads Park II preliminary planned development.
City Planner William Reis said the Crossroads Park II Sketch Plan is a planned residential development on the eastern side of Montrose. The property is approximately 1.688 acres in size, located on the northeast corner of 6600 Rd and Locust Rd.
The property was annexed into the city in 2009 and is zoned “R-4” High-Density District. This preliminary plat proposes 26 units on the property on 13 residential lots, as well as open space tracts and dedicated rights-of-way.
The Planning Commission unanimously voted to approve the Planned Development and Preliminary Plat during its February 8, 2023, meeting.
CROSSROADS PARK II SUBDIVISION PRELIMINARY PLAT
City Councilors voted unanimously to approve the Crossroads Park II preliminary plat based on the information presented above.
THE FALLS AT VALLEY RANCH FINAL PLANNED DEVELOPMENT
City Councilors voted unanimously to approve The Falls at Valley Ranch preliminary planned development.
City Planner William Reis said the Falls at Valley Ranch Subdivision is a single-family residential development on the south end of Montrose. The property is approximately 130 acres in size and is located south of Ogden Road, north of Otter Road, east of Otter Pond Circle, and west of 6725 Road.
The property is zoned “R-1” Very Low-Density District, “R-2” Low-Density District, and “R-3A” Medium High-Density District. The proposed subdivision will include seven single-family residential lots in the “R-1” Very Low-Density District, open space tracts, and Outlot A to be developed and subdivided in the future. This application creates a 34-acre planned development, which will allow for deviations from city standards for road section designs, including drainage, utility, and irrigation easements.
City Council approved the Preliminary Planned Development and Preliminary Subdivision Plat on November 1, 2022.
THE FALLS AT VALLEY RANCH SUBDIVISION FINAL PLAT
City Councilors voted unanimously to approve The Falls at Valley Ranch preliminary plat based on the information presented above.
ORDINANCE 2613 - SECOND READING
City Councilors voted unanimously to approve Ordinance 2613, on second reading, to approve the annexation of the Klein Addition.
City Planner William Reis said the Klein Addition is approximately one acre in size. The parcel is located west of 6600 Road, addressed as 675 6600 Road. It is within the city’s Urban Growth Boundary, the City of Montrose Sewer Service Area, and the Tri-County Water Service Area. Annexation of this property will allow for connection to city sewer service. An annexation agreement is required.
ORDINANCE 2614 - SECOND READING
City Councilors voted unanimously to approve the zoning of the Klein Addition as “MHR” or Manufactured Housing Residential District.
ORDINANCE 2615 - SECOND READING
City Councilors voted unanimously to approve the addition of the Montrose Electric Light & Power Company building to the city's Register of Historic Places.
City Planner William Reis delivered a presentation detailing the building’s history in the City of Montrose and its qualifications for joining the city’s historic register.
2023 ANNUAL ANNEXATION REPORT AND 3-MILE PLAN
City Councilors voted unanimously to approve the 2023 Annual Annexation
Report and 3-Mile Plan. This is an annual report that requires City Council approval as stipulated by Colorado statutes.
City Planner William Reis 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 fulfills the statutory requirement to have a “plan in place” for the annexation of new properties in 2023.
Notable figures contained in the plan include the total number of acres annexed into the City of Montrose each year:
2020: 63.6 acres
2021: 166.327 acres
2022: 34.33 acres
DECLARATION OF COVENANTS WITH WESTSTAR DEVELOPMENT LLC
City Councilors voted unanimously to approve an Agreement and Declaration of Covenants document between the City of Montrose and Weststar Development, LLC regarding infrastructure improvements required upon future rezone.
Planning Manager Jace Hochwalt said a large area of land known as the Two Creeks Addition was annexed in 1996 and zoned within the Montrose city limits. The total land area of the Two Creeks Addition Annexation was 484 acres. Since the annexation, that area has been subdivided, with portions being developed for residential use as well as the Cobble Creek Golf Course.
Weststar Development, LLC owns 122 acres at the southernmost portion of the Two Creeks Addition, which sits south of the Cobble Creek Golf Course. In the original 1996 zoning ordinance (Ordinance No. 1603), this area was known as Phase 3. Ordinance No. 1603 states explicitly that this Phase 3 area be limited to 100 dwelling units, which falls well below the maximum density of the R-3 zone district and limits the density for this area to less than one unit per acre. The R-3 zone district, with no conditions, could allow up to 6.9 units/acre.
In addition to the density limits imposed by Ordinance 1603, there are other conditions specific to open space, right-of-way dedication, and infrastructure improvements, all of which would be required upon future development. Neither the city nor the developer seeks to eliminate these other requirements. Instead, the goal is to retain them, while eliminating the density condition.
Weststar Development, LLC specifically desires to rezone the property to allow a subdivision to be built-out to the dimensional standards of a normal R-3 zoned property. Because Ordinance 1603 contains other conditions beyond just the density restrictions, city staff has determined that the best way to move forward with this rezoning request would be via a new zoning ordinance. The recommended zoning ordinance would not contain conditions for the 122-acre property, aside from a condition that the owner would be required to sign an Agreement and Declaration of Covenants with the city to retain the infrastructure, right-of-way dedication, and open space conditions imposed in the Ordinance 1603.
By signing and recording the Agreement and Declaration of Covenants, these conditions will run with the land and associated title reports, which will make clear to the current and future owners of the property what the infrastructure and open space requirements are for any future development. As it currently stands, Ordinance 1603 was held in city records but was not recorded and may not show up on a title report. This can add confusion for city staff and any owners of the property who were not involved in the annexation and zoning that took place in 1996.
Staff negotiated the Agreement and Declaration of Covenants document with
the developer and incorporated the infrastructure, right-of-way dedication, easement, and open space requirements within it that are carried over from Ordinance 1603. With approval from the City Council authorizing the city manager to sign on behalf of the city, the rezoning application will move forward through the standard rezone process. The agreement will not be recorded unless the rezone is successfully approved by the city, according to Hochwalt.
MOVING MONTROSE FORWARD 2023 SURFACE TREATMENT CONTRACT
City Councilors voted unanimously to approve $1,434,196 to A-1 Chipseal for the completion of the 2023 Moving Montrose Forward Surface Treatment Contract scope of work.
Public Works Manager Jim Scheid said the City of Montrose developed the Moving Montrose Forward (MoveMo) initiative in 2018, which placed a renewed focus on street maintenance, reducing traffic congestion, and improving pedestrian and vehicular mobility throughout the community. As part of this effort, each year the city hires contractors to perform some of the larger-scale and specialized street maintenance construction.
This contracted street maintenance work is in addition to typical routine maintenance activities performed by the Streets Division of Public Works. The city’s Street Maintenance and Capital Plan is available on the city’s website at www.MoveMo.co
The city is investing a record $4.3M for this year’s MoveMo street maintenance efforts.
Approximately 30% of this year’s street maintenance work is focused on surface treatments consisting of slurry, cape, and chip seals. Additional information for each of these treatment techniques is included below:
• Slurry seals are a combination of a fine aggregate and an asphaltic binder that work to smooth out surface irregularities and protect the roadway from water intrusion and UV degradation. Slurry seals are used in lieu of chip seals within residential neighborhoods given the public’s general dislike of chip seals and a chip seal’s lower effectiveness in areas without consistent traffic volumes to help press in the chips.
• Cape seals are used on higher volume roadways or those with heavier degradation and include a chip seal first, followed by a slurry seal several weeks later.
• Standard chip seals are used on more rural roadways with routine traffic but less overall traffic loading.
More information about the 2023 Moving Montrose Forward work will be published once it becomes available.
2023 FORD VEHICLE PURCHASE RECOMMENDATION
City Councilors voted unanimously to approve a purchase order for ten new Ford vehicles to be cycled into the city’s fleet.
Public Works Manager Jim Scheid said the total cost of the ten Ford vehicles is $667,250 and includes:
Montrose Police:
1 Police Interceptor (replacement)
2 K9 F-150s (replacement)
Public Works:
1 F-150 for Water Distribution (replacement)
1 F-450 for Streets (additional)
1 F-350 for Fleet (replacement)
2 F-350s for Parks (replacement)
1 F-350 for Streets (replacement)
1 F-250 for Facilities (replacement)
On January 11, the city accepted bids from the Ford Motor Company of Montrose and Sill-TerHar Motors of Broomfield, Colorado.
Scheid said that, due to restrictions imposed by the Ford Motor Company, smaller local Ford dealers were only allowed to offer one vehicle to local municipalities at government discount pricing.
The local bid was for a Ford F-450 while the Sill-TerHar Motors bid was for all ten vehicles.
Due to its ability to work with dealer restrictions, deliver within cumbersome deadlines, and provide government discounts, the city is recommending the total purchase contract to Sill-TerHar Motors.
STAFF REPORTS
Finance Director Shani Wittenberg delivered the sales, use, and excise tax report for December 2022, and a fourth-quarter budget review for 2022.
Read the reports in their entirety here.
City Attorney Matthew Magliaro delivered a report regarding an opioid settlement with the State of Colorado. Colorado is part of a multi-state litigation against large drug companies and large retail pharmacies over the distribution of opioid medications that led to the opioid crisis.
Magliaro said the state was notified last week that a settlement had been reached with two drug manufacturers and three large chain pharmacies. Montrose is part of Region 14 of Colorado whose funds from the settlement total 3.9 million. Of that total, the City of Montrose would be eligible for over $30,000. The City Council had, in the past, decided to leave that money within the Region 14 pool for larger uses in opioid treatment and drug awareness education.
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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 on-demand through the city’s Public Meetings Portal.
For more city news visit CityOfMontrose.org.