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Posted on: August 16, 2023

Blog: CITY COUNCIL REGULAR MEETING: Tuesday,  August 15, 2023

Montrose, CO — City Councilors met for their regular meeting Tuesday evening, August 15, to approve a number of ordinances and contract awards for ongoing city projects as well as officially place the historic United Methodist Church on the city’s historic registry. 

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.

MADA DAY PROCLAMATION

Mayor Barbara Bynum read and signed a proclamation designating August 19 as Mexican American Development Association, MADA, Day in the City of Montrose. 

Bynum described MADA as a nonprofit organization that was “built and formed by the Tortilla Flats community in 1972. The efforts were led by a Catholic priest, Father Walter Smigiel, who was active in the civil rights movement and worked with minority groups across the country. As a grassroots organization, and with over 50 years of service to the Montrose community, (MADA) has a heavy focus on families in need and elders.”

Bynum said MADA, one of the “oldest civil rights advocacy organizations in Western Colorado”, has recently refocused on meeting the needs of the community it serves in a meaningful way and building off of its many years of dedicated service to those in need. 

PUBLIC COMMENT

A resident asked the council, and anyone who is interested, to attend the Monte de Rosas festival this Saturday in Montrose. Another resident praised the council for the city’s efforts to build out and improve the community’s bicycle infrastructure. 

Mayor Barbara Bynum said the council is now accepting public comments for non-agenda items via email for the first time ever. To have comments submitted to the council click here.

APPROVAL OF MINUTES 

City Councilors voted unanimously to approve the minutes of the July 31 special City Council meeting, the August 1 regular City Council meeting, and the August 9 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.

RESOLUTION 2023-13

City Councilors voted unanimously to authorize the official end of the City of Montrose’s COVID pandemic response. 

Paul Eller, the city’s emergency manager. said the city officially declared an emergency on March 17, 2020. 

The resolution states, “The City of Montrose, Colorado, Declaration of Public Health Emergency dated March 2020 is hereby rescinded due to the conclusion of the public health emergency occasioned by the COVID-19 viral pandemic.”

Eller said the resolution rescinding the emergency declaration, will become valid upon its approval by the City Council.

RESOLUTION 2023-15

City Councilors voted unanimously to approve a resolution authorizing city staff to file for a Community Development Block Grant to fund housing development opportunities within the City of Montrose. 

City Grant Coordinator Michelle Wingfield said the city would apply for a Community Development Block Grant (CDBG) on behalf of the Montrose County Housing Authority. The purpose of this grant application is to secure funding to acquire the Sunshine Peak Apartments located at 748 Cedar Creek Avenue, which currently provides essential low-income housing in the City of Montrose.

The requested grant amount of $2,600,000 will help ensure the long-term availability of affordable housing for low-to-middle-income individuals and families in Montrose.

RESOLUTION 2023-16

City Councilors voted unanimously to approve a resolution opting into a state program to help boost the availability of affordable housing in Montrose. 

Community Development Specialist Christopher Ottinger, along with Planning Manager Jace Hochwalt, said the City of Montrose, on behalf of itself and its community partners, has the opportunity to opt-in to state funding that is specifically focused on increasing affordable housing stock as well as housing and services for the homeless population. This funding is available to local governments as well as non-profits, land trusts, tribes, and private developers.

Proposition 123 provides a new state funding mechanism for the development of affordable housing at an estimated $300,000,000 per year. With limited state funding for affordable housing and the funding that does exist is highly competitive, Proposition 123 provides the opportunity for jurisdictions, large and small, to take advantage of state funds.

RATHBONE HOTEL ASBESTOS ABATEMENT AND HISTORICAL RESTORATION ASSISTANCE 

City Councilors voted unanimously to approve $556,786 to help with asbestos abatement and historical restoration of the historic KP Building located at 33 South Cascade Avenue. The structure is currently in development to become the Rathbone Hotel. 

The city will be using leftover federal funds from the COVID pandemic to pay for this assistance. 

AMENDMENTS TO THE CONTRACT FOR THE SALE OF HISTORIC CITY HALL

City Councilors voted unanimously to approve an amendment to the sales contract for the historic City Hall on South First Street. The amendment gives the buyers up to one year to finalize the closing of the property, allowing more time for them to thoroughly inspect the property. 

The council debated the change in the contract at the Monday, August 14, work session before voting to approve the change Tuesday. 

ORDINANCE 2637 - FIRST READING

City Councilors voted 4-1, on first reading, to amend the zoning district designation of two tracts within the Seasons Subdivision from “B-4” Neighborhood Shopping District and “R-3A” Medium High-Density District to “R-4” High-Density District. 

Planning Manager Jace Hochwalt said the total area being rezoned is 9.23 acres. Per the applicant, the property is being planned for a multi-family development. Both of the existing zones (B-4 and R-3A) allow for multi-family uses but at a slightly lesser density than the proposed R-4 district. The current zoning of the property would allow for a maximum of 164 units, whereas the proposed rezoning would allow for a maximum of 195 units.

ORDINANCE 2634 - SECOND READING

City Councilors voted unanimously, on second reading, to approve a change to the city's snow removal and ice policy located in Section 9-4-1 of the city’s Municipal Code. 

Public Works Manager Jim Scheid said the city performs snow and ice removal on more than 300 lane miles of public roadways. Effective snow and ice control is necessary to maintain routine travel and emergency services. Public Works personnel provide such control in a safe and cost-effective manner, keeping in mind safety, budget, personnel, and environmental concerns. Depending on the severity of the storm and conditions, Public Works employees and equipment and/or private contractors may be required to remove snow and ice.

The snowplowing and ice control policy is intended to keep the city streets passable and in a reasonably safe condition during adverse weather events.

Ordinance 2634 approves changes and additions to Section 9-4-1 that will help to keep the roadways and storm drain system clear of snow and ice during and after snow events. The ordinance also aligns with Colorado State Statute 43-5-301 regarding the depositing of snow in the roadway.

ORDINANCE 2635 - SECOND READING

City Councilors voted unanimously, on second reading, to approve a new franchise agreement with Spectrum Pacific West, LLC, an indirect subsidiary of Charter Communications, Inc., for continued service within the city limits of Montrose. 

City Attorney Ben Morris, along with outside counsel, said city staff has been in negotiations with Spectrum for its use of the public rights-of-way to provide cable television services in the City of Montrose. This agreement does not include phone and internet services. 

The last agreement between the City of Montrose and Charter was signed in 2010 for a term of 10 years, expiring in 2020. The city and Charter have previously agreed to continue operating under the existing franchise agreement on a month-to-month basis until a new franchise agreement is adopted. 

ORDINANCE 2636 - SECOND READING

City Councilors voted unanimously, on second reading, to approve a proposal to grant Clearnetworx a utility easement along the southernmost property line of the Black Canyon Golf Course for a fiber mainline to supply the Woods Crossing Subdivision.

Public Works Manager Jim Scheid said Clearnetworx has a conduit transmission box located just inside the golf course property next to the roundabout. The proposed 15-foot easement would allow for fiber to be bored in from the transmission box to the next available utility pole approximately 150 feet away. 

The easement is outside the bounds of play on hole 2 and would not affect golf course operations. Deeply Digital, LLC, the installation contractor working for Clearnetworx,  has worked with city staff to accommodate business hours and strategies for minimizing any impact on the surrounding area. Work will be performed under the purview of an excavation permit issued and approved by the Public Works Streets Division.

WOODGATE/EAST OAK GROVE ROUNDABOUT AND BACKAGE ROAD DEDSIGN CONTRACT AWARD

City Councilors voted unanimously to approve a professional services contract with Felsburg, Holt, and Ullevig in the amount of $215,211.40 for the completion of design studies and civil design associated with the Woodgate/East Oak Grove Roundabout and Backage Road Project.

City Engineer Scott Murphy said that, in response to growing traffic congestion in the area and transportation infrastructure envisioned in the city’s Comprehensive Plan, the City of Montrose recently designed and constructed a realignment of Woodgate Road to join up directly with East Oak Grove Road (completed in 2022). As recommended in the traffic studies for the realignment project, it was envisioned that the new intersection of Woodgate and East Oak Grove Roads (WEOG) would ultimately be constructed as a roundabout. However, the city was unable to construct the roundabout concurrent with the realignment project due to a lack of necessary rights of way on the northern side of East Oak Grove Road as well as schedule and budget limitations that existed at the time.

Since the completion of the Woodgate Realignment project, property ownership on the northern side of East Oak Grove Road has changed. The new owners have expressed an interest in partnering with the city to see the roundabout built. They intend to annex/develop the surrounding area and are working to redevelop existing commercial properties towards the northwest (Penn Mall Area). Furthermore, the developers have been working with All Points Transit to situate its new transit center immediately northeast of the roundabout. APT has spent the last several years working to secure a suitable site for its new transit center facility and considers this area to be an ideal location for its operations given the property’s central location and proximity to amenities. Construction of the transit center is tentatively scheduled to begin in late 2024.

In addition to the roundabout project element, the city’s Comprehensive Plan and the Colorado Department of Transportation’s Townsend Avenue access control plan both call for a roadway connection between East Oak Grove and Niagara Roads east of Townsend Avenue. The intent of this connection is to provide a means for the area’s commercial and residential traffic to access a traffic signal and avoid the need to turn left onto Townsend Avenue at uncontrolled intersections.

As part of a public/private partnership to secure the necessary rights of way and construct the WEOG roundabout and southern reach of the Woodgate backage road, the city entered into a development agreement with the adjacent landowners on July 18, 2023. Property owners immediately north of the project area have also expressed interest in the Woodgate backage road and the city is currently working to formally secure rights of way up to Encanto Place.

BROWN RANCH FILING NO.8 FINAL PLAT

City Councilors voted unanimously to approve the final plat to the Brown Ranch subdivision. 

City Planner William Reis said the Brown Ranch Subdivision is located in southeastern Montrose, east of 6725 Road. This portion of the subdivision is located north of Donnegal Drive and is zoned “R-1” Very Low-Density District. City Council approved the Brown Ranch Preliminary Subdivision Plat Amendment 4 on June 7, 2022. This property is within the Brown Ranch Planned Development, which allows for smaller lot sizes. This final plat application would formally create 17 single-family residential lots, as well as dedicate Galway Court and Killarney Lane.

ORDINANCE 2638 - FIRST READING 

City Councilors voted unanimously to approve, on first reading, the addition of the historic Coors Building, located at 134 North First Street, to the city’s historic register. 

In his presentation to the council, City Planner William Reis said the building was first built in 1905 as a saloon by Adolf Coors, the founder of the Coors Company in Golden. 

STAFF REPORTS

Finance Director Shani Wittenberg delivered the sales, use, and excise tax report for June 2023.

Wittenberg also presented to the council a second-quarter review of the city’s 2023 operating budget. 

Read the reports in their entirety here

Assistant City Attorney Matthew Magliaro delivered a presentation detailing the distribution of assets from the estate of Deborah Hawk. Magilaro said Hawk died in 2022 and she will designated the Montrose Animal Shelter as a 20% beneficiary of her estate.

GENERAL CITY COUNCIL COMMENTS

Doug Glaspell said he thought the city staff did a great job hosting FUNC Fest last weekend. 

Councilor Frank and Bynum echoed Glaspell’s comments. 

•••

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.


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