MONTROSE PAVILION SENIOR CENTER ADVISORY COMMITTEE RECOMMENDATION

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1 A regular City Council meeting of the Montrose City Council was held on Tuesday, February 1, 2011, at 7:00 p.m., in the City Council Chambers located in the Elks Civic Building at 107 South Cascade Avenue. Said meeting was posted in accordance with the Sunshine Law. PRESENT: Kathy Ellis, Thomas Smits, Gail Marvel, Bill Patterson, Carol McDermott, Scott Sellers, Kerwin Jensen, Virgil Turner, Elsa Anderson, Russ Duree, Ben Morris, Jim Hougnon, Cathy Loss, Tom Chinn, Lisa DelPiccolo, Rick Gawlinski, Keith Caddy GUESTS: Doug Glaspell, Moira Collier, Dee Laird, Del Kinkel, Tricia Dickinson, Ted Dickinson, Al Benson, Wayne Quade, Tobey Williams, Joshua Key, Tamara Stucky, Joe Stucky, Alan Belt, Gordon E. Pints, Cynthia Nelson, Betty Oglesby, Jim Anderson, Buck Miller, Brad Oberto, Moira Collier, Joe Bagnara, Tom Kearney, Bill Ramsey, Dianna Reuter CALL FOR PUBLIC COMMENT No comments received. MONTROSE PAVILION SENIOR CENTER ADVISORY COMMITTEE RECOMMENDATION Council Member Carol McDermott, who represents the City Council on the Montrose Pavilion Senior Center Advisory Committee, explained the Committee s request to reduce the number of committee members from seven to five. Ms. McDermott made a motion that the Montrose Pavilion Senior Center Advisory Committee be composed of five members appointed by City Council. Bill Patterson seconded the motion. All voted yes. Motion passed. MONTROSE ECONOMIC DEVELOPMENT CORPORATION (MEDC) REPORT Mayor Pro Tem Thomas Smits updated Council on a recent MEDC meeting. Mr. Smits reported that MEDC accepted the contract from the City with a vote of 5-4. Mr. Smits suggested changing the February 15, 2011, City Council meeting to allow Council members to attend MEDC Annual Meeting since the City is the largest contributor. Mayor Kathy Ellis distributed two MEDC board member election ballots to each council member. The city clerk will deliver the completed ballots to MEDC. A motion was made by Carol McDermott, seconded by Gail Marvel to cancel the February 15, 2011, City Council Work Session to allow Council members to attend the MEDC Annual Meeting. All voted yes. Motion passed. Mr. Smits requested clarification regarding a property issue at the airport, and explained his vote on the contract offered to MEDC by the City.

2 Page 2 INVESTMENT POLICY OVERVIEW Assistant Finance Director Cathy Loss reviewed information provided to Council regarding the City s investment policies. Ms. Loss explained that according to policy, the City s primary objectives in terms of investing are safety, liquidity and yield. Information provided to council also included a list of current investments and a sample bid sheet. Council asked questions and discussed investment options. Council requested that the Finance Department look into financing options to increase the rate of return while maintaining a low risk level. Council thanked Ms. Loss for the report. BLACK CANYON GOLF COURSE FUNDING DISCUSSION Buck Miller, president of the Board of Directors of Montrose Land Company, and Brad Oberto, secretary of the Board, answered questions from Council in regard to a funding request made at the previous City Council meeting. Mr. Miller explained that the Montrose Land Company is a for-profit organization essentially operating as a nonprofit to create and maintain Black Canyon Golf Course. Shares have been sold, but dividends have never been paid. Issues discussed included the possibility of financial solvency, public versus private status, the need for public input before the current contract with the City ends in 2014, whether an audit is necessary, and funding options. Mr. Miller and Mr. Oberto explained the delicate balance of cutting costs and offering a competitive product, a recent review of management procedures, maintenance that needs to be done at City expense as part of the existing contract, and the results of a recent audit. A motion was made by Kathy Ellis, seconded by Gail Marvel, to provide $12,500 in first quarter funding to Montrose Land Company for Black Canyon Course and to form a committee as soon as possible to bring recommendations for further funding to City Council. A motion was made by Thomas Smits, seconded by Bill Patterson, to expedite $50,000, paid on a quarterly basis, from the Economic Development Fund. Council accepted comments from members of the audience. Joseph Bagnara, Tom Kearney, Bill Ramsey, Jim Anderson, and Patricia Dickinson spoke in favor of the City funding the golf course. A vote was taken on the motion to provide $50,000 to the golf course paid on a quarterly basis with Economic Development funds. Kathy Ellis, Gail Marvel, and Carol McDermott voted no. All others voted yes. Motion failed.

3 Page 3 Further funding options were discussed. A motion was made by Carol McDermott, seconded by Gail Marvel, to have a first quarter payment of $12,500 from the $77,000 transfer line item with a committee formed to bring recommendations for further funding to City Council. Thomas Smits and Bill Patterson voted no. All others voted yes. Motion passed. Mayor Kathy Ellis withdrew her original motion and volunteered to be a member of the committee. APPROVAL OF MINUTES City Council considered the minutes from the regular City Council meeting held on January 18, A motion was made by Carol McDermott, seconded by Gail Marvel, to approve the minutes as presented. All voted yes. Motion passed. APPROVAL OF ITEMS FOR AUCTION AND SEALED BID City Council considered a list of items to be sold at auction and through a sealed bid process. A motion was made by Carol McDermott, seconded by Gail Marvel, approve the list of items to be sold at auction and through a sealed bid process as presented. All voted yes. Motion passed. RATIFICATION OF AMENDMENT TO LEASE City Council considered the ratification of the Acting City Manager's signature on the First Amendment to Lease with Roberta Farms for the City's Banner Road Property. A motion was made by Carol McDermott, seconded by Gail Marvel, to ratify the Acting City Manager s signature on the First Amendment to Lease for the City's Banner Road Property with Roberta Farms. All voted yes. Motion passed. RATIFICATION OF CONSENT TO MULTIPLE SUBLEASES City Council considered the ratification of the Acting City Manager's signature on the Lessor's Consent to Multiple Subleases for the City's Banner Road Property, as leased to Roberta Farms. A motion was made by Carol McDermott, seconded by Gail Marvel, to ratify the Acting City Manager's signature on the Lessor's Consent to Multiple Subleases for the City's Banner Road Property, as leased to Roberta Farms.

4 Page 4 CITY MANAGER RECRUITMENT AND SELECTION SERVICES City Council considered the approval of a proposal from KRW Associates LLC for city manager recruitment and selection services. Human Resources Director Elsa Anderson recommended that the Council accept the proposal from KRW Associates LLC for city manager recruitment and selection services. Audience members Joe Bagnara and Patricia Dickinson spoke in favor of accepting the proposal. A motion was made by Thomas Smits, seconded by Bill Patterson, to approve the proposal from KRW Associates LLC for city manager recruitment and selection services as presented. All voted yes. Motion passed. ORDINANCE FIRST READING City Council considered Ordinance 2266 on first reading, an ordinance prohibiting the retail sale, distribution, cultivation and dispensing of medical marijuana. City Attorney Russ Duree addressed Ordinances 2266 and Previously, Council opted to review the results of question 1A on the November 2010 Montrose County ballot. Fifty-six percent of county voters and 56 percent of voters in the City precincts voted in favor of banning medical marijuana. Ordinance 2266 prohibits commercial activities as authorized under State Statutes. Ordinance 2267 enacts an affirmative defense and changes to the Zoning Code. A motion was made by Carol McDermott, seconded by Gail Marvel, to pass Ordinance 2266 on first reading. All voted yes. Motion passed. A hearing on this ordinance will be held during February 15, 2011, City Council meeting. ORDINANCE 2267 FIRST READING City Council considered Ordinance 2267 on first reading, an ordinance of the City of Montrose, Colorado, enacting an affirmative defense to possession of cannabis for use of medical marijuana as authorized by the Colorado Constitution and modifying a general provision of the Zoning Code. City Attorney Russ Duree explained that Ordinance 2267 allows for an affirmative defense if an individual is in lawful possession of medical marijuana under state laws, and updates language in the Zoning Code. A motion was made by Carol McDermott, seconded by Bill Patterson, to pass Ordinance 2267 on first reading. All voted yes. Motion passed. A hearing on this ordinance will be held during February 15, 2011, City Council meeting.

5 Page 5 ORDINANCE 2265 FIRST READING City Council considered Ordinance 2265 on first reading, an ordinance adding and amending certain subsections of Title 4, Chapter 4, Section 22 and Section (A)(2), of the Official Code of the City of Montrose, for the purpose of revising the City s Sign Code to shorten the hold time for changeable signs, and to add provisions related to electronic signs. Community Development Director Kerwin Jensen presented information on proposed changes to the City Sign Code in regard to electronic reader board signs and stated that the Planning Commission reviewed the proposed changes with mixed opinions. Mr. Jensen reported that the changes would allow electronic signs to change the display every five minutes in B-2 and B-3 zones. The maximum size for electronic reader board signs would be 48 square feet, and applicants would be required to show compliance with outdoor lighting standards at the time a permit is issued. Council thanked Mr. Jensen for the information and accepted comments from the audience. Planning Commissioner Dianna Reuter and Former Planning Commissioner Moira Collier spoke against the proposed changes. Tobey Williams spoke in favor of the proposed changes and thanked Council for considering the Sign Code changes. A motion was made by Carol McDermott, seconded by Bill Patterson, to pass Ordinance 2265 on first reading, ordinance adding and amending certain subsections of Title 4, Chapter 4, Section 22 and Section (A)(2), of the Official Code of the City of Montrose, for the purpose of revising the City s Sign Code to shorten the hold time for changeable signs, and to add provisions related to electronic signs. Gail Marvel voted no. All others voted yes. Motion passed. A hearing on this ordinance will be held during February 15, 2011, City Council meeting ANNUAL ANNEXATION REPORT AND THREE-MILE PLAN City Council considered the 2011 Annual Annexation Report and Three-Mile Plan. Community Development Director Kerwin Jensen explained the annual requirement according to state law which illustrates annexation priorities and presented the 2011 report. A motion was made by Carol McDermott, seconded by Gail Marvel, to approve the 2011 Annual Annexation Report and Three-Mile Plan as presented. All voted yes. Motion passed.

6 Page 6 RESOLUTION City Council considered Resolution , a resolution by the City Council of the City of Montrose, Colorado, to prepay the outstanding 1996 water and sewer revenue bonds created by Ordinance Assistant Finance Director Cathy Loss explained that circumstances with interest rates and savings realized on the airport trunk sewer line project made it possible for the City to prepay the outstanding bonds. A motion was made by Carol McDermott, seconded by Gail Marvel, to adopt Resolution , to prepay the outstanding 1996 water and sewer revenue bonds created by Ordinance All voted yes. Motion passed. CITY COUNCIL REPORTS Project 7 Announcement: Council Member Bill Patterson announced that Dick Margetts, manager of Project 7, has resigned effective May 27, 2011, after 31 years of service. CITY COUNCIL DISCUSSION Hospice & Palliative Care of Western Colorado Dinner: City Council discussed who would represent the Council at the Hospice & Palliative Care of Western Colorado Dinner on March 19, Bill Patterson and Thomas Smits are planning to attend for business reasons and agreed to represent the Council as well. The Center for Mental Health Reception: City Council discussed who would represent the Council at the Center for Mental Health Reception on February 11, Council agreed that either Thomas Smits or Gail Marvel would represent City Council at the event. EXECUTIVE SESSION At 9:10 p.m., a motion was made by Gail Marvel, seconded by Carol McDermott, to go into executive session for a conference with the City Attorney for the purpose of receiving legal advice pursuant to C.R.S. Section (4)(b); to discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. Section (4)(a); and the following additional details are provided for identification purposes: Woodgate Road Property, Tank Siting, Cascade Avenue Property.

7 Page 7 ADJOURNMENT The meeting reconvened into the regular session at 9:46 p.m. At 9:46 p.m., a motion was made by Bill Patterson, seconded by Carol McDermott, to adjourn with no further action taken. All voted yes. Motion passed. All remaining agenda items will be placed at the beginning of the, regular City Council meeting agenda. ATTEST: Lisa DelPiccolo, City Clerk Kathy Ellis, Mayor