Montrose, CO — City Councilors met for their regular meeting Tuesday evening, November 7, to review a number of city ordinances for annexations, consider municipal code updates, and assign funds for several city projects.
Mayor Barbara Bynum and councilors Dave Frank, Doug Glaspell, David Reed, and Ed Ulibarri met in the City Council Chambers at the Elks Civic Building along with city staff.
The following is a summary of the primary topics discussed during the meeting.
Watch the meeting here.
Before the meeting began, Montrose Police Chief Blaine Hall led a moment of silence for Montrose County Sheriff’s Office Deputy Richard “Rick” Mayer who died unexpectedly while on duty recently.
PUBLIC COMMENT
No members of the public offered any public comments.
APPROVAL OF THE MINUTES
City Councilors voted unanimously to approve the minutes of the October 17 regular meeting.
The city’s archive of past meeting minutes can be found on the Public Meetings Portal and at CityofMontrose.org/ArchiveCenter.
NEW FERMENTED MALT BEVERAGE AND WINE LICENSE APPLICATION
City Councilors voted unanimously to approve a new fermented malt beverage and wine license for S&F Market LLC, doing business as El Patron Mexican Grocery, Beer, Wine and Smoke Shop, for consumption off the licensed premises. The establishment is located at 113 West Main Street in Downtown.
The City Council is the local liquor licensing authority for the City of Montrose. The council held a brief public hearing to examine the application before voting to approve the license.
OSPREY ADDITION ANNEXATION
City Councilors voted unanimously to approve the Osprey Addition Annexation.
City Planner William Reis said the Osprey Addition Annexation is approximately 9.53 acres in size. The property is divided into two tracts, both located on the north side of E Oak Grove Rd. Tract 1 is a residential property, currently addressed as 1665 E Oak Grove Rd. Tract 2 is a small sliver of right-of-way. It is within the city’s Urban Growth Boundary, the City of Montrose Sewer Service Area, and the City of Montrose Water Service Area.
The council approved Resolution 2023-23 and Ordinance 2647, on first reading, to approve the annexation.
ORDINANCE 2648 - FIRST READING
City Councilors voted unanimously to approve Ordinance 2648, on first reading, to approve the zoning of the Osprey Addition Annexation as a “P” Public District, “R-4” high-density district, and “R-3A” medium high-density district.
BLUFF HARBOR LOT ADDITION ANNEXATION
City Councilors voted unanimously to approve the Bluff Harbor Lot Addition Annexation.
City Planner William Reis said the Bluff Harbor addition annexation is approximately 0.72 acres in size. The parcel is located along Juniper Road, across from its intersection with El Camino Real Road. It is within the city’s Urban Growth Boundary, the City of Montrose Sewer Service Area, and the Menoken Water Service Area. Annexation of this property will allow for connection to city utilities.
The council approved Resolution 2023-24 and Ordinance 2649 to approve the annexation.
ORDINANCE 2650 - FIRST READING
City Councilors voted unanimously to approve Ordinance 2650, on first reading, zoning of the Bluff Harbor Lot Addition Annexation as a “MHR” manufactured housing residential district.
ORDINANCE 2645 - FIRST READING
City Councilors voted 4-1 to approve Ordinance 2645, on first reading, approving the 2024 Municipal Budget of $109,099,344.
Finance Director Shani Wittenberg delivered an overview of the budget, breaking down the various funds, capital projects, and expected expenditures in 2024.
Per the City Charter, the City of Montrose must adopt, by ordinance, a municipal budget for the following year before the end of the current calendar year.
The City Council, along with city staff and department heads, usually begins the budget process each spring to outline the top funding priorities for the city moving forward.
RESOLUTION 2023-21
City Councilors voted unanimously to approve Resolution 2023-21, repealing and replacing Chapters 3-1-1, 3-1-2, and 3-1-3 of the city’s Regulations Manual and adopting the 2024 Fee Schedule.
City Clerk Lisa DelPiccolo said the city reviews fees regularly to determine if certain fees are outdated or need to be increased due to market conditions.
There are a number of proposed revisions to the city’s fee schedule:
- 3-1-1 (D) Land Use Fees -Land use fees were aligned with the 2023 Land Use Code updates
- 3-1-1 (F) Parks/Private Use of Public Property - Amphitheater use fees were updated to incorporate ice provided by the city
- 3-1-1 (H) Building Code Fees
- Plumbing Permits and Gas Permits were standardized to one fee for commercial and residential
- A Mechanical Permit fee was added
- A Solar Permit fee was added
- A Re-Roof Permit fee was added
- A Demolition Permit fee was added
- The Fire Protection District fee schedule was added as Exhibit A to the fee schedule
- 3-1-2 Pavilion Fee Schedule
- Fees that are no longer applicable were removed
- Use fees were increased to align with other event venues in the area
- 3-1-3 Fee Schedule for Water, Sewer and Trash
- Water and sewer connection fees were increased by 5 percent
- Water usage fees per 1,000 gallons were increased by 5 percent plus a .15 increase pass-through from Project 7
- An E-One Pump Maintenance fee was added
ORDINANCE 2643 - SECOND READING
City Councilors voted unanimously to approve Ordinance 2643, on second reading, to update the city’s campaign finance rules as they pertain to the city’s municipal elections.
During the October 3 work session, City Attorney Ben Morris presented the changes that include campaign financing and the rules governing local candidates and municipal elections.
“The Complaint procedure set forth herein shall apply to violations and alleged violations of the aforementioned laws and regulations, including those set forth within the Official Code of the City of Montrose, as they pertain to City of Montrose municipal elections,” a draft of the Municipal Code reads.
The rules pertaining to the public disclosure of campaign finance-related activities state that “all candidates, committees, and any other person or entity required by law to report campaign finance-related activities shall file public disclosure statements, on forms provided by and acceptable to the City Clerk.”
Mayor Barbara Bynum said the rule changes are a result of recent state legislation that caps funds used in municipal elections. Bynum said since the City of Montrose is a home-rule municipality, it is free to set its own rules governing municipal elections, which also include the mandatory disclosure of campaign finance information.
The rules state that local candidates must file campaign finance disclosures with the City Clerk, rather than the Secretary of State.
ORDINANCE 2644 - SECOND READING
City Councilors voted unanimously to approve Ordinance 2644, on second reading, updating the city's Municipal Code language regarding unreasonable noise.
City Attorney Matt Magliaro said the draft ordinance updates Title 6, Chapter 1 Section 21. (6-1-21.(D)) (Unreasonable noise.) of the Official Code of the City of Montrose.
The unreasonable noise update reads:
If sound broadcast from speakers or emitted from any equipment from a motor vehicle is audible within other motor vehicles on the road with the windows up, or audible within an occupied structure with the doors and windows closed, it shall be prima facie evidence that such sound is unreasonable noise for the purposes of Subsection (A) of this Section. It is immaterial for the purposes of this provision whether the equipment emitting the sound was originally installed on the vehicle, installed subsequently, modified subsequently, or is emitting sound due to damage or defect.
The ordinance reads, “the City Council hereby finds, determines and declares that this Ordinance is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort and convenience of the City of Montrose and the inhabitants thereof.”
ORDINANCE 2646 - FIRST READING
City Councilors voted unanimously to approve Ordinance 2646, on first reading, updating amendments to Section 11-7-12 of the Land Development Regulations of the City of Montrose related to rezoning and the zoning of additions.
City Planning Manager Jace Hochwalt said the purpose of the proposed code amendments is to eliminate ambiguity and clarify the current rezoning and initial zoning processes as they relate to the decision-making procedures and roles of both the Planning Commission and the City Council.
With the recent code consolidation efforts and amendments that took place earlier in the year, the Land Development Regulations section (Title 11 of the Montrose Municipal Code) was consolidated for the purposes of modernization and elimination of redundancy. With the consolidation efforts now complete, staff will continue to refine the code to eliminate ambiguity where applicable. One section specifically flagged by city staff is Section 11-7-12, which relates to the rezoning of property within the city limits, as well as the initial zoning of property being annexed into the city limits.
To clear up any confusion as to how the code currently reads, city staff is proposing amendments in 11-7-12 (A)(2) to clarify this process. In addition, staff is proposing to amend the wording of 11-7-12 (A)(3) to clarify when conditions can be imposed on a rezone. There were approved rezones in the past that had very specific conditions set within the zoning ordinance. Since zoning ordinances are not recorded and do not always accompany a title report, a zoning ordinance with specific conditions can add confusion to property owners and staff alike as properties transfer ownership. Other mechanisms, such as a planned development or an annexation agreement, are better tools for imposing conditions.
RESOLUTION 2023-22
City Councilors voted unanimously to approve Resolution 2023-22, setting the hearing date of January 2, 2024, for the Blowers Addition Annexation.
City Planner William Reis said the Blowers Addition is a proposed annexation of approximately 15.22 acres in size. The annexation consists of three parcels located on the west side of 6450 Road, south of its intersection with Lincoln Road. It is within the city’s Urban Growth Boundary, the City of Montrose Sewer Service Area, and the City of Montrose Water Service Area. Annexation of this property will allow for connection to city utilities. An annexation agreement is required.
RIO GRANDE RIGHT OF WAY AND PUBLIC WORKS FACILITY PROPERTY PURCHASE
City Councilors voted unanimously to approve the purchase of about 16 acres of property near the intersection of Rio Grande Avenue and East Oak Grove Road at the price of $800,000 for the future home of the City of Montrose Public Works Department.
Public Works Director Jim Scheid said city staff have been working on the long-range planning and design of a replacement public works facility since 2016. The existing facility, located at 1221 6450 Road, was built in the 1960s and has essentially reached the end of its useful life. Planning efforts for a new facility indicated that the existing site would not be large enough for the long-term growth needs of the Public Works Department. As a result, the city has been searching for an alternate site. While considering the purchase of the property needed for the Rio Grande right of way, it was also determined that the purchase of the remainder of the parcel would be possible. The site is ideal for the new public works facility given its central location, large size, and compatibility with existing uses in the surrounding area.
USED TRASH TRUCK PURCHASE RATIFICATION
City Councilors voted unanimously to approve the purchase of a used 2019 Peterbilt trash truck for $219,800.
Public Works Director Jim Scheid said the city has budgeted for and ordered a total of three refuse trucks since 2021 and, due to several delays, these trucks are not expected to be delivered until late 2024. The delay of the new trucks has severely impacted the trash and recycling collection services that the City of Montrose provides. The trucks that were due for replacement in 2022 are wearing out and are having major breakdowns including full engine replacements.
TRASH TRUCK REPAIR RATIFICATION
City Councilors voted unanimously to approve funds for the emergency repair of a city trash truck.
Public Works Director Jim Scheid said trash truck number 364 is in need of a complete engine replacement. The repairs would be performed by Nextran Truck Center in Fruita, for $42,763.
The repair was quoted at $38,875, but since there are a few unknowns there is a 10% contingency included in the overall amount of $42,763.
City Fleet Superintendent Shane Brandt said Unit 364 was to be replaced in 2022 and the delivery of the replacement vehicle has been delayed a few times. The age of this vehicle is causing it to have major mechanical failures.
Unfortunately, the replacement truck is scheduled for arrival at the end of 2024 so the refuse trucks that are in operation will need to continue until the replacements arrive, creating an urgent need for the repair of this truck.
STAFF REPORTS
Public Works Director Jim Scheid said the city’s annual leaf collection program will formally start on November 13 and will run through December 7. Residents can bag leaves, preferably in clear bags, and leave them on the curb for city pickup. The annual service is free to city residents.
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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.