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Posted on: June 8, 2022

Blog: CITY COUNCIL REGULAR MEETING: Tuesday, June 7

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Montrose, CO — City Councilors met for their regular meeting Tuesday evening, June 7, to consider a number of ordinances and contracts for city projects. The council also reviewed an application for a liquor license transfer. 

Councilors Dave Frank, David Reed, and Ed Ulibarri met in City Council Chambers along with city staff. Councilor Doug Glaspell joined via video conference. Councilor Barbara Bynum was absent from the meeting. 

Note: Monday’s work session was canceled. 

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 comments.  

APPROVAL OF MINUTES 

City Councilors voted unanimously to approve the minutes of the May 17, 2022, regular City Council meeting and the minutes of the May 31, 2022, special 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.

HOTEL AND RESTAURANT LIQUOR LICENSE TRANSFER APPLICATION 

City Councilors voted unanimously to approve a hotel and restaurant liquor license transfer from Kinikin Processing LLC to Kinikin Processing Company LLC, for consumption on the licensed premises.

The City Council is the local liquor licensing authority for the Montrose community. The council held a public hearing to discuss the application with the applicant before voting to approve the transfer. 

ORDINANCE 2590 - SECOND READING

City Councilors voted unanimously to approve Ordinance 2590 on first reading, amending Title 5, Chapter 15, Sections 2 and 7, of the city’s Municipal Code regarding a sales tax exemption for a fee that the State of Colorado is imposing on carryout bags. 

Assistant City Attorney Chris Dowsey said the ordinance adds the “carryout bag fee” that will be implemented by the State of Colorado through HB21-1162 to the city’s list of sales tax exemptions. 

Dowsey said this extends to one-time-use paper and plastic bags. The state’s fee will not be applicable to polystyrene food containers that will be banned under the state’s legislation. The onus is on municipalities to implement, enforce, and administer the new fees.

Beginning January 1, 2023, there will be a ten-cent fee per single-use bag given to a consumer at certain stores. This includes plastic and recycled paper bags. The fee will be split between the business (40%) charging and collecting the fee and the municipality (60%). Each municipality may raise the per-bag fee with a minimum of ten cents.

Stores subject to this fee must include, on the customer’s receipt, the number of bags provided as part of a transaction and must conspicuously display a sign alerting customers about the carryout bag fee. Stores may not refund any portion of the money collected as part of the carryout bag fee.

The fee affects any establishment at which carryout bags are traditionally provided to customers, including restaurants, groceries, dry cleaners, etc. There is a “small store” exemption for “a store that operates solely in Colorado, has three or fewer locations in the state, and is not part of a franchise, corporation, or partnership that has physical locations outside of Colorado.” Additionally, consumers who receive federal or state food assistance are not subject to the ten-cent fee.

Important dates:

  • January 1, 2023: fee goes into effect. 
  • January 1, 2024: retail stores will no longer be allowed to purchase new plastic bags and may only use what they have in inventory for the next six months; polystyrene food containers may no longer be purchased and businesses may only use what they have in inventory until depleted. 
  • June 1, 2024: retail stores may no longer use plastic bags. Restaurants may continue using plastic bags after this date. 
  • April 1, 2024: fee remittance begins, due quarterly. 
  • July 1, 2024: local governments may enact, implement, or enforce any ordinance, resolution, or rule provision that is as, or more, stringent than the state’s laws.

6700 DEJULIO ADDITION ANNEXATION

City Councilors voted unanimously to approve the annexation of the 6700 DeJulio Addition into the City of Montrose. 

The council approved Resolution 2022-11, Findings of Fact, for the 6700 DeJulio Addition before voting unanimously to approve Ordinance 2591, on first reading, to approve the annexation. 

City planner William Reis said the 6700 Road DeJulio Addition is approximately 9.54 acres in size. The property is comprised of one parcel located north of Sunnyside Road, south of Miami Road, west of 6720 Road, and east of Laurel Lane and the Columbine East subdivision. 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 allow for future residential development and dedication of the 6700 Road Extension right-of-way. 

Details regarding the dedication of the right-of-way and future development rights are included in the Annexation and Development Agreement, which was reviewed and approved by City Council at its April 19, 2022, meeting.

The council will vote to approve Ordinance 2591, on second reading, at the June 21 City Council regular meeting. 

ORDINANCE 2592 - FIRST READING

City Councilors voted unanimously to approve Ordinance 2592 on first reading, providing for the zoning of the 6700 DeJulio Addition as an "R-1A", Large Estate District.

BROWN RANCH SUBDIVISION AMENDMENT #4 PRELIMINARY PLAT

City Councilors voted unanimously to approve the Brown Ranch Subdivision Amendment #4 Preliminary Plat.

City planner William Reis said the preliminary plat is a proposed single-family residential development in the southeastern portion of the city. The property is approximately 17.233 acres in size and is partially located north of Donnegal Dr (zoned “R-1” Very Low-Density District), and south of Chestnut Dr (zoned “R-2” Low-Density District). The proposed subdivision will include 17 single-family residential lots off of Donnegal Dr, and 24 lots off of a southern extension of Chestnut Dr.

Applicant: John Moir, Sunshine of Montrose, LLC

ORDINANCE 2588 - SECOND READING

City Councilors voted unanimously to approve Ordinance 2588 on second reading, granting and authorizing the conveyance of an interest in city-owned real estate pursuant to §1-9-2 of the Official Code of the City of Montrose.

City Engineer Scott Murphy said a small portion of city-owned land is located next to the property line at the Montrose County Justice Center. Montrose County is looking at future plans and inquired about the city’s potential need for the land. Murphy said the city would maintain a utility easement in the area but the ordinance would vacate the small portion of land to Montrose County.

6700 ROAD EXTENSION DESIGN CONTRACT

City Councilors voted unanimously to approve a design contract to Del-Mont Consultants in the amount of $97,200 for the completion of design studies and civil design associated with the 6700 Road Extension Project.

City Engineer Scott Murphy said the City of Montrose Comprehensive Plan calls for the eventual completion of 6700 Road as a minor arterial between Sunnyside and Miami Roads. This project has remained a high-priority capital project due to continued traffic growth in the area; however, the city did not own all of the rights of way necessary to complete this missing link. The city recently entered into a development agreement to secure these rights of way, which is now allowing the design of the roadway to move forward.

Murphy said the city received three bids for the work: 

  • Del-Mont Consultants (Montrose, CO) $87,200 
  • KLJ Engineering (Montrose, CO) $121,815 
  • River City Consultants (Grand Junction, CO) $219,480 

Based on the evaluation criteria and ratings, city staff recommended contract award to Del-Mont Consultants.

This project contains the following design elements that could not be priced at this time as their scope is not yet defined:

  • Bureau of Reclamation Permitting. The 6700 Road extension will cross the “H-Drain” ditch owned by the US Bureau of Reclamation (BOR) and operated by the Uncompahgre Valley Water Users Association. Crossing this ditch with infrastructure requires special permitting with the BOR. The BOR does not allow urban stormwater to be discharged into this particular facility, which requires special design and permitting considerations to address this constraint.
  • U.S. Army Corps of Engineers (USACE) Permitting. The H-Drain may contain jurisdictional wetlands that may require special permitting with the USACE in order to pipe the ditch where it crosses the new roadway.

In order to provide an allowance for these undefined design elements, city staff recommended the award of an additional $10,000 to the as-bid contract price for a total contract award of $97,200. All work for the project will be contracted on a time-and-materials, not-to-exceed basis.

MAIN STREET STREETSCAPING PROJECT AUTHORIZATION 

City Councilors voted unanimously to authorize $238,000 for improvements to the northeast corner of the Park Ave and Main St intersection. Included in the total amount authorized is a contract with Kuboske Construction, LLC in the amount of $215,909.

Public Works Manager Jim Schied said city staff recommended that the city take advantage of an opportunity to further beautify the downtown by utilizing a qualified and reputable contractor to complete a façade improvement and a streetscape improvement at the same time. Kuboske Construction, LLC is scheduled to complete a façade improvement for Montrose Hardware in 2022 and city staff requested that they also provide pricing for the streetscaping improvements in the same area. The city provided a conceptual sketch of the streetscaping and specifications to match the other downtown infrastructure, such as decorative lights and trees, and Kuboske Construction provided a bid with a detailed breakdown. City staff reviewed the bid in detail to ensure the pricing provided was fair. 

The existing sidewalk and curb and gutter surrounding on this corner are in poor condition and it is missing the lights and trees that are unique to Main St. The project presents an opportunity to improve our downtown at a time when contractors are not available for this type of project and at a price that is likely to rise in the future.

The owner of Montrose Hardware, located on the corner of Park Ave and Main St, applied for and received a façade grant through the DART program and has committed to doing façade improvements to their building in 2022. Kuboske will complete both the façade and the streetscaping at the same time in the late summer of 2022.

ASBESTOS ABATEMENT CONTRACT AWARD

City Councilors voted unanimously to approve the authorization and award of funds in the amount of $77,616 for asbestos abatement in the city facility at 400 E. Main St (previously the Wells Fargo building) and awarded a contract with Asbestos Professionals LLC in the amount of $67,492.

The City of Montrose hired Grand River Environmental to perform a non-destructive interior asbestos assessment of the 400 East Main Street facility in early 2022. This assessment revealed a number of interior finish materials that contained asbestos. Grand River Environmental developed a scope of work and bid documents for the abatement project. 

Utilizing a formal invitation-to-bid process, the city received two qualifying bid packages for this project:

  • Asbestos Professionals LLC. Aurora, Colorado $67.492 
  • MFH Environmental Corporation Littleton, Colorado $74,875

City Staff recommended that Asbestos Professionals LLC. of Aurora Colorado be awarded the 400 East Main Street asbestos abatement project. A 15% owner’s contingency is included in the authorized total to cover unanticipated costs associated with the project. The total project budget, including owner’s contingency, is $77,618. This contract award is an anticipated cost associated with the purchase and remodel of the building at 400 E Main and is funded from General Fund reserves.

•••

 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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