Ordinance No. 3421 (Word Version)

WHEREAS, the City of Grand Junction, Mesa County, Colorado (the "City"), is a municipal corporation duly organized and existing as a home-rule city pursuant to Article XX of the Constitution of the State of Colorado (the "State") and the Charter of the City; and

WHEREAS, the members of the City Council of the City (the "Council") have been duly elected and qualified; and

WHEREAS, the County of Mesa, Colorado (the "County") is a county duly organized and existing under the laws of the State; and

WHEREAS, the County and the City have entered into a joint sewerage service agreement dated May 1, 1980 ("Service Agreement") relating to the scope and operation of the joint sewerage system of the City and County (the "Joint System"); and

WHEREAS, the County has previously issued its "Mesa County, Colorado, Sewer Refunding Revenue Bonds Series 1992", payable from the revenues of the Joint System; and

WHEREAS, the County and the City have entered into an intergovernmental agreement dated as of Ocotber 13, 1998, as amended, relating to City growth and joint policy making for the Joint System; and

WHEREAS, the City and the County have determine that the Joint System is an enterprise within the meaning of Article X, Section 20 of the Colorado Constitution; and

WHEREAS, the City and County have determined that the interest of the City and the County and the public interest and necessity demand and require the acquisition, construction, and completion of certain improvements to the Joint System, at an estimated cost of $15,500,000, including design, engineering, legal, financing and administrative costs relating

WHEREAS, the City and the County have determined that in order to finance a portion of the cost of the Project, it is necessary and advisable and in the best interests of the City and the County to enter into a loan agreement (the "Loan Agreement") with the Colorado Water Resources and Power Development Authority ("CWRPDA"), a body corporate and political subdivision of the State, pursuant to which CWRPDA shall loan the County an amount of not to exceed $15,500,000 (the "Loan") for such purposes; and

WHEREAS, CWRPDA will obtain moneys to fund the Loan through the issuance of its bonds (the "CWRPDA Bonds"); and

WHEREAS, the repayment obligations under the Loan Agreement shall be evidenced by a governmental agency bond (the "Bond") to be issued by the County (with the approval of the City) to CWRPDA; and

WHEREAS, Such Loan shall be a revenue obligation of the County, payable from the Pledged Property (as defined in the Loan Agreement); and

WHEREAS, there have been presented to the Council the forms of the Loan Agreement and the Bond (collectively, the "Financing Documents"); and

WHEREAS, The Council desires to approve the forms of the Financing Documents and authorize the execution thereof by the County and the appropriate City officers.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:

Section 1. Approvals, Authorizations, and Amendments. The forms of the Financing Documents presented at this meeting are incorporated herein by reference and are hereby approved. The City and the County shall enter into and perform their respective obligations under the Financing Documents in the forms of such documents, with such changes as are not inconsistent herewith and as are hereafter approved by the Chairman of the Board of County Commissioners of the County (the "Chairman") and the President of the Council (the "President"). The President is hereby authorized to execute the Loan Agreement and the Bond on behalf of the City. The Financing Documents shall be executed in substantially the forms approved at this meeting.

The execution of any instrument or certificate or other document in connection with the matters referred to herein by the President or by other appropriate officers of the City, shall be conclusive evidence of the approval by the City of such instrument.

Section 2. Election to Apply the Supplemental Act. Section 11-57-204 of the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, C.R.S. (the "Supplemental Act") provides that a public entity, including the City and the County, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act. The City hereby elects to apply all of the Supplemental Act to this ordinance and the Financing Documents.

(a) Pursuant to Section 11-57-205 of the Supplemental Act, the City hereby delegates to the President (upon the approval of the Chairman) the authority to make the following determinations relating to and contained in the Financing Documents, subject to the restrictions contained in paragraph (b) of this Section 3:

(iii) The amount of principal of the Loan maturing in any given year and the final maturity of the Loan;

(b) The delegation in paragraph (a) of this Section 3 shall be subject to the following parameters and restrictions: (i) the interest rate on the Loan shall not exceed 4.75%; (ii) the principal amount of the Loan shall not exceed $15,500,000; and (iii) the final maturity of the Loan shall not be later than 2025.

Section 4. Conclusive Recital. Pursuant to Section 11-57-210 of the Supplemental Act, the Bond and the Loan Agreement shall contain a recital that the Bond is issued pursuant to certain provisions of the Supplemental Act. Such recital shall be conclusive evidence of the validity and the regularity of the issuance of the Bond after its delivery for value.

Section 5. Ratification and Approval of Prior Actions. All actions heretofore taken by the officers of the City and the County and members of the Council, not inconsistent with the provisions of this Ordinance, relating to the Financing Documents, or actions to be taken in respect thereof, are hereby ratified, approved, and confirmed.

Section 6. Pledge of Revenues. The creation, perfection, enforcement, and priority of the pledge of revenues to secure or pay the Bond and the Loan Agreement provided herein shall be governed by Section 11-57-208 of the Supplemental Act, this Ordinance and the resolution to be adopted by the Board approving the Financing Documents. The amounts pledged to the payment of the Bond and the Loan Agreement shall immediately be subject to the lien of such pledge without any physical delivery, filing, or further act. The lien of such pledge shall have the priority described in the Loan Agreement. The lien of such pledge shall be valid, binding, and enforceable as against all persons having claims of any kind in tort, contract, or otherwise against the City and the County irrespective of whether such persons have notice of such liens.

Section 7. Limitation of Actions. Pursuant to Section 11-57-212 of the Supplemental Act, no legal or equitable action brought with respect to any legislative acts or proceedings in connection with the Financing Documents shall be commenced more than thirty days after the issuance of the Bond.

Section 8. Disposition and Investment of Loan Proceeds. The proceeds of the Loan shall be applied only to pay the costs and expenses of acquiring, constructing and equipping the Project, including costs related thereto and, to the extent permitted under federal tax laws, reimbursement to the City and the County for capital expenditures heretofore incurred and paid from City or County funds in anticipation of the incurrence of long-term financing therefor, and all other costs and expenses incident thereto, including without limitation the costs of obtaining the Loan. Neither CWRPDA nor any subsequent owner(s) of the Loan Agreement shall be responsible for the application or disposal by the City or the County or any of its officers of the funds derived from the Loan. In the event that all of the proceeds of the Loan are not required to pay such costs and expenses, any remaining amount shall be used for the purpose of paying the principal amount of the Loan and the interest thereon.

Section 9. City Representative. Pursuant to Exhibit B of the Loan Agreement, Ron Lappi is hereby designated as the Authorized Officer (as defined in the Loan Agreement) for the purpose of performing any act or executing any document relating to the Loan, the City, the County, the Bond or the Loan Agreement. A copy of this Ordinance shall be furnished to CWRPDA as evidence of such designation.

Section 10. Estimated Life of Improvements. It is hereby determined that the estimated life of the Project to be financed with the proceeds of the Loan is not less than the maximum maturity of the Loan set forth in Section 3 hereof.

Section 11. Direction to Take Authorizing Action. The appropriate officers of the City and members of the Council are hereby authorized and directed to take all other actions necessary or appropriate to effectuate the provisions of this Ordinance, including but not limited to such certificates and affidavits as may reasonably be required by CWRPDA.

Section 12. Ratification and Approval of Prior Actions. All actions heretofore taken by the officers of the City, members of the Council and officers of the County, not inconsistent with the provisions of this Ordinance, relating to the Financing Documents, or actions to be taken in respect thereof, are hereby ratified, approved, and confirmed.

Section 13. Severability. If any section, paragraph, clause, or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance, the intent being that the same are severable.

Section 14. Repealer. All orders, resolutions, bylaws, ordinances or regulations of the City, or parts thereof, inconsistent with this Ordinance are hereby repealed to the extent only of such inconsistency.

Section 15. Ordinance Irrepealable. After the Bond is issued, this Ordinance shall constitute an irrevocable contract between the City and CWRPDA, and shall be and remain irrepealable until the Bond and the interest thereon shall have been fully paid, satisfied, and discharged. No provisions of any constitution, statute, charter, ordinance, resolution or other measure enacted after the issuance of the Bond shall in any manner be construed as impairing the obligations of the City to keep and perform the covenants contained in this Ordinance.

Section 16. Effective Date, Recording and Authentication. This ordinance shall be in full force and effect 30 days after publication following final passage. This ordinance, as adopted by the Council, shall be numbered and recorded by the City Clerk in the official records of the City. The adoption and publication shall be authenticated by the signatures of the President of the Council and City Clerk, and by the certificate of publication.

INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED PUBLISHED IN PAMPHLET FORM, WITH NOTICE OF PUBLIC HEARING, this 3rd day of April, 2002.

INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED PUBLISHED IN PAMPHLET FORM this 17th day of April, 2002

I, the duly elected, qualified and acting City Clerk of the City of Grand Junction, Colorado (the "City") do hereby certify:

1. The foregoing pages are a true, correct and complete copy of an ordinance (the "Ordinance") which was introduced, passed on first reading and ordered published in full by the Council at a regular meeting thereof held on April 3, 2002, and was duly adopted and ordered published in pamphlet form full by the City Council at a regular meeting thereof held on April 17, 2002, which Ordinance has not been revoked, rescinded or repealed and is in full force and effect on the date hereof.

2. The Ordinance was duly moved and seconded and the Ordinance was passed on first reading at the meeting of April 3, 2002, by an affirmative vote of a majority of the members of the Council as follows:

3. The Ordinance was duly moved and seconded and the Ordinance was finally passed, after a public hearing, at the meeting of April 17, 2002, by an affirmative vote of a majority of the members of the Council as follows:

4. The members of the Council were present at such meetings and voted on the passage of such Ordinance as set forth above.

5. The Ordinance was approved and authenticated by the signature of the President of the Council, sealed with the City seal, attested by the City Clerk and recorded in the minutes of the Council.

6. There are no bylaws, rules or regulations of the Council which might prohibit the adoption of said Ordinance.

7. Notices of the meetings of April 3,2002, and April 17, 2002, in the forms attached hereto as Exhibit A were posted at City Hall in accordance with law.

8. The Ordinance was published in pamphlet form in The Daily Sentinel, a daily newspaper of general circulation in the City, on April 5, 2002 and on April 19, 2002 as required by the City Charter. Notice of a public hearing was published once in The Daily Sentinel, a daily newspaper of general circulation in the City, on April 5, 2002. True and correct copies of the affidavits of publication are attached hereto as Exhibit B.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City this 17th day of April, 2002.

PROCLAMATION DECLARING APRIL 18, 2002 AS “ARBOR DAY” IN THE CITY OF GRAND JUNCTION

PROCLAMATION DECLARING THE MONTH OF APRIL, 2002 AS “NATIONAL CHILD ABUSE PREVENTION MONTH” IN THE CITY OF GRAND JUNCTION

PROCLAMATION DECLARING APRIL 7-13, 2002 AS “WEEK OF THE YOUNG CHILD” IN THE CITY OF GRAND JUNCTION

PROCLAMATION DECLARING APRIL 11, 2002 AS “ALTRUSA AWARENESS DAY” IN THE CITY OF GRAND JUNCTION

Action: Approve the Summary of the March 18, 2002 Workshop and the Minutes of the March 20, 2002 Regular Meeting

2. Setting a Hearing on Approving a Loan from the Colorado Water Resources and Power Development Authority to Finance Sewer Improvements

City Council and County Commissioners have determined that in the best interest of the Joint Sewer Fund and it's customers, the sewer system requires line replacement for the combined sewer elimination project. The cost estimate of approximately $9,500,000, includes design, engineering, legal, financing and administrative costs. The second project funded through this borrowing and totaling $4,600,000 is the Septic System Elimination Project. Approval of this ordinance would allow the joint system to obtain funding for these improvements through a loan agreement with the Colorado Water Resources and Power Development Authority (CWRPDA).

Proposed Ordinance Authorizing a Loan From the Colorado Water Resources and Power Development Authority to Finance Improvements to the Joint Sewer System; Authorizing the Form and Execution of the Loan Agreement and a Governmental Agency Bond to Evidence Such Loan; Ratifying Prior Determinations of the Council; and Prescribing Other Details in Connection Therewith

Action: Adopt Proposed Ordinance on First Reading and Set a Hearing for April 17, 2002

In January, the Council adopted a resolution setting the meeting schedule for 2002 as required by the City’s Code of Ordinances, Sec. 2-26. This resolution amends that action by canceling the June 19^th and July 3^rd formal meetings and sets a meeting for June 26^th. The accompanying workshops will also be rescheduled accordingly.

Resolution No. 22-02 - A Resolution of the City of Grand Junction Amending the City Council 2002 Meeting Schedule

4. Ethical Standards for Members of City Boards and Commissions Attach 4

The various City boards, committees, commissions and other groups are similar in that the members are typically appointed by the City Council. The power and legal responsibilities of several of such groups rise to the level that their decisions are in some cases legally equivalent to City Council decisions in many arenas. Other City entities and City Council appointed groups will also benefit from having guidance and conflict of interest rules.

Resolution No. 23-02 – A Resolution Clarifying the Ethical Standards for Members of the City’s Boards, Commissions and Other Groups

5. Reappointment of Care’ McInnis-Raaum as Associate Municipal Court Judge

Judge Care’ McInnis-Raaum was first appointed as an Associate Municipal Court Judge in 1995. She has been on the bench since that time. Because there is not a current resolution confirming her appointment, it is requested that that City Council adopt the resolution re-appointing Judge McInnis-Raaum and affirming her past service.

Resolution No. 24-02 – A Resolution Reappointing Care McInnis-Raaum as Associate Municipal Court Judge

6. Setting a Hearing for Zoning the Rinderle Annexation Located at the SE Corner of 28 Road and B ½ Road [File #ANX-2002-027 ] Attach 6

The applicant proposes a zone of annexation of RSF-4 for the 11.575 acre Rinderle Annexation. A preliminary plan to subdivide the parcel into 39 single-family lots was approved by the Planning Commission at its March 26, 2002 hearing. The Planning Commission recommends approval of the zone of annexation.

Proposed Ordinance Zoning the Rinderle Annexation Residential Single Family-4 (RSF-4) Located at the Southeast Corner of 28 Road and B ½ Road

Action: Adopt Proposed Ordinance on First Reading and Set a Hearing for April 17, 2002

7. Vacation of Easement – Independence Ranch Filing 9 Located at the Northeast Corner of 20 ½ Road and F ¾ Road [File # VE-2002-008] Attach 7

The applicant proposes to vacate a temporary stormwater retention easement in conjunction with a request to develop Independence Ranch Filing 9. The Planning Commission recommends approval.

Resolution No. 25-02 – A Resolution Vacating a Temporary Stormwater Retention Easement in Conjunction with Independence Ranch Subdivision Filing 9

8. Setting a Hearing on the Vacation of Right-of-Way, Fountainhead Blvd. Located in the Fountain Greens Subdivision between 24 ¾ Road and 25 Road North of G Road [File # FPP-2002-029] Attach 8

The applicant requests to vacate a portion of Fountainhead Blvd. right-of-way that was dedicated to provide curb returns to future public streets in Filing 3. These streets are now proposed to be private and the public right-of-way is no longer necessary. The Planning Commission recommends approval.

Proposed Ordinance Vacating a Portion of Fountainhead Blvd. in Conjunction with Fountain Greens Filing 3 Subdivision Located Between 24 ¾ and 25 Roads, North of G Road

Action: Adopt Proposed Ordinance on First Reading and Set a Hearing for April 17, 2002

9. Setting a Hearing on Vacating a Portion of 25 Road Right-of-Way, Located Adjacent to Fountain Greens Filing 3 Subdivision at the North Side of Fountainhead Blvd. [File # FPP-2002-029] Attach 9

The applicant requests to vacate a 17-foot wide strip of 25 Road right-of-way adjacent to Fountain Greens Filing 3. The previous developer of this site (Fountainhead Subdivision) had tried to vacate this right-of-way by replat. Adoption of an ordinance is required to vacate the right-of-way correctly. The Planning Commission recommends approval.

Action: Adopt Proposed Ordinance on First Reading and Set a Hearing for April 17, 2002

10. Setting a Hearing on the Zambrano Annexation Located at 657 20 ½ Road [File #ANX-2002-053] Attach 10

Resolution for Referral of Petition to Annex/First reading of the annexation ordinance/Exercising land use jurisdiction immediately for the Zambrano Annexation located at the 657 20 ½ Road. The 11.282-acre Zambrano Annexation consists of one parcel of land.

a. Referral of Petition, Setting a Hearing and Exercising Land Use Control and Jurisdiction

Resolution No. 26–02 – A Resolution Referring Petition to the City Council for the Annexation of Lands to the City of Grand Junction, Colorado, Setting a Hearing on Such Annexation, and Exercising Land Use Control Zambrano Annexation Located at 657 20 ½ Road

Proposed Ordinance Annexing Territory to the City of Grand Junction, Colorado Zambrano Annexation Approximately 11.282-acres Located at 657 20 ½ Road

Action: Adopt Proposed Ordinance on First Reading and Set a Hearing for May 15, 2002

11. Setting a Hearing on the Larson Annexation Located at 2919 B ½ Road [File #ANX-2002-054] Attach 11

Resolution for Referral of Petition to Annex/First reading of the annexation ordinance/Exercising land use jurisdiction immediately for the Larson Annexation located at the 2919 B ½ Road and including portions of the 29 Road, B Road and B ½ Road Rights-of-Way. The 13.562-acre annexation consists of three parcels of land.

a. Referral of Petition, Setting a Hearing and Exercising Land Use Control and Jurisdiction

Resolution No. 27–02 – A Resolution Referring Petition to the City Council for the Annexation of Lands to the City of Grand Junction, Colorado, Setting a Hearing on Such Annexation, and Exercising Land Use Control Larson Annexation – A Serial Annexation Comprising of Larson Annexation No.’s 1, 2, and 3

Proposed Ordinance Annexing Territory to the City of Grand Junction, Colorado Larson Annexation No. 1 Approximately 0.015-acres Located in the B Road and 29 Road Rights-of-Way

Proposed Ordinance Annexing Territory to the City of Grand Junction, Colorado Larson Annexation No. 2 Approximately 1.921-acres, a Portion of the 29 Road Right-of-Way

Proposed Ordinance Annexing Territory to the City of Grand Junction, Colorado Larson Annexation No. 3 Approximately 11.626-acres Located at 2919 B ½ Road and Including a Portion of the B ½ Road Right-of-Way

Action: Adopt Proposed Ordinances on First Reading and Set a Hearing for May 15, 2002

12. Setting a Hearing for Zoning the Traver Annexation No. 3 Located at Grand Valley Canal, Northeast of 30 and D Roads [File # ANX-2001-011] Attach 12

This annexation area consists of 0.2407 acres (10,484.9 square feet) of land along the northeastern boundary of the Westland Subdivision. State law requires the City to zone newly annexed areas within 90 days of annexation.

An Ordinance Zoning the Traver Annexation No. 3 to Residential Single Family with the Maximum Density of 4 units per acre (RSF-4) located at the Grand Valley Canal, Northeast of 30 and D Roads

Action: Adopt Proposed Ordinance on First Reading and Set a Hearing for April 17, 2002

13. Setting a Hearing for Zoning the Dettmer Annexation Located at 2916 D ½ Road [File # ANX-2002-013] Attach 13

This annexation area consists of annexing 0.861 acres (37,506.2 square feet) and is located at 2916 D ½ Road. The property owner has requested annexation into the City as the result of proposing to rezone the property so that the existing single family residence conforms to the zoning. Under the 1998 Persigo Agreement all such types of development require annexation and processing in the City.

State law requires the City to zone newly annexed areas within 90 days of the annexation. The proposed City zoning conforms to the Growth Plan’s Future Land Use Map and recommendation for Residential Medium Low, with residential land uses between 2 and 4 units per acre for this area.

An Ordinance Zoning the Dettmer Annexation to Residential Single Family with a Maximum Density of 4 units per acre (RSF-4) Located at 2916 D ½ Road

Action: Adopt Proposed Ordinance on First Reading and Set a Hearing for April 17, 2002

14. Setting a Hearing on the ISRE Annexation Located at 2990 D ½ Road [File #ANX-2002-049] Attach 14

Resolution for Referral of Petition to Annex/First Reading of the annexation ordinance/Exercising land use jurisdiction immediately for the ISRE Annexation, a parcel of land located at 2990 D-1/2 Road. This 14.149-acre annexation consists of a single parcel of land.

a. Referral of Petition, Setting a Hearing and Exercising Land Use Control and Jurisdiction

Resolution No. 28–02 – A Resolution Referring Petition to the City Council for the Annexation of Lands to the City of Grand Junction, Colorado, Setting a Hearing on Such Annexation, and Exercising Land Use Control ISRE Annexation Located at 2990 D ½ Road

Proposed Ordinance Annexing Territory to the City of Grand Junction, Colorado ISRE Annexation Approximately 14.149 Acres Located at 2990 D ½ Road

Action: Adopt Proposed Ordinance on First Reading and Set a Hearing for May 15, 2002

15. Setting a Hearing for Zoning the Staton Annexation Located at 2673 ½ B ½ Road [File # ANX-2002-028] Attach 15

The 17.329-acre Staton Annexation area located at 2673 ½ B ½ Road consists of one parcel of land. Owners of the property have signed a petition for annexation as part of proposed development for construction of a telecommunications tower. State law requires the City to zone newly annexed areas within 90 days of the annexation. The proposed City zoning of (RSF-2) conforms to the Growth Plan Future Land Use map and is a lesser density than the existing Mesa County zoning of RSF-4. The Petitioner and Staff find that the land configuration would not support higher density.

Proposed Ordinance Zoning the Staton Annexation to Residential Single Family with a Density not to Exceed Two Units per Acre (RSF-2) Located at 2673 ½ B ½ Road

Action: Adopt Proposed Ordinance on First Reading and Set a Hearing for April 17, 2002

This request is to replace one Aerial Bucket Truck per City of Grand Junction minimum specifications. The current unit will be surplus and will be sold by the City through a competitive bid disposal process. The City Equipment Manager and the City Purchasing Manager agree that the City will receive more value for the old unit than the trade-in price offered by the bidders.

Teague Equip.

Phoenix, AZ

2003 Ford F-750 w/Versalift

$101,225.00

Altec Equip.

St. Joseph, MO

2003 International w/Altec

$99,451.00

The International chassis and all warranty/service work will be provided through Hanson Equipment, Grand Junction, Colorado.

Action: Authorize the City Purchasing Manager to Procure one International Chassis with Altec TA37M Aerial Lift Bucket for the Amount of $99,451.00 from Altec Equipment, St. Joseph, Missouri

This request is to replace 3 one-ton service trucks per City of Grand Junction minimum specifications. The current units will be surplus and will be sold by the City through a competitive bid disposal process. The City Equipment Manager and the City Purchasing Manager agree that the City will receive more value for the old units than the trade-in price offered by the bidders.

Action: Authorize the City Purchasing Manager to Procure Three 2002 Ford F-350 Trucks with T-6080 Rawson-Koenig Service Bodies for the Amount of $67,722.00 from Western Slope Auto Co., Grand Junction, Colorado

18. Sole Source Purchase of a Paging Terminal for Fire Department Attach 18

The Fire Department is seeking approval for the single source purchase of a Zetron Paging Terminal. The paging terminal will be used for numeric, alphanumeric and voice paging.

The single source procurement is required for compatibility issues with the Printrak CAD system. All paging systems in the Communications Center are Zetron brand. Legacy Communications is the local Zetron Distributor and is our local service center.

Action: Authorize the City Purchasing Manager to Purchase the Zetron Paging Terminal from Legacy Communications for $37,639

The Fire Department has four older helmet mounted thermal imaging cameras. The technology of the cameras is dated. The vendor of the existing helmets no longer produces the helmet model and repair of current units is difficult and expensive. Current units are requiring an increasing amount of maintenance and repair with unit(s) out-of-service for prolonged periods of time. This technology provides fire fighters with the upper hand in low visibility conditions, which allows personnel to locate fire victims and identify hot spots.

Action: Approve the Grant Submittal for the Purchase of New Thermal Imaging Cameras, City‘s Amount is $14,400

20. Award of Maintenance Contract with Colorado (CDOT) for Traffic Signals, Striping Department of Transportation and Markings within the City Limits

The current maintenance contract with CDOT has been in effect since 1991. This contract updates the costs and adds signal locations and responsibilities to the existing contract.

Resolution No. 29-02 – A Resolution Authorizing an Agreement between the City of Grand Junction and the Colorado Department of Transportation for the City to Perform Maintenance Services on State Highways

21. Public Hearing – Rezoning the Heinbaugh Property Located at 513 28 ¼ Road [File # RZ-2002-024] Attach 21

Petitioner is requesting to rezone a 12,500 square foot lot from PD (Planned Development) to RMF-8 (Residential Multi-Family not to exceed 8 units/acre).

Ordinance No. 3409 – An Ordinance Rezoning the Heinbaugh Property Located at 513 28 ¼ Road to RMF-8 (Residential Multi-Family)

22. Public Hearing – Emergency Ordinance Amending Ordinance No. 3403; Prescribing Other Details in Connection Therewith; and Declaring a Special Emergency Attach 23

Previously adopted Ordinance 3403, approved by the City Council on March 6, 2002 needs to be amended to increase the principal amount of the Loan Agreement. The prior Ordinance provided that the maximum principal amount of the Loan would not exceed $3,500,000. The City has been told that the City's share of the costs of issuance of the Colorado Water Resources and Power Development Authority's bonds, issued in part to finance the Loan, needs to be rolled into the Loan Agreement. The amended amount of the Loan Agreement would be $3,566,521.69.

Proposed Emergency Ordinance Amending Ordinance No. 3403; Prescribing Other Details In Connection An Therewith; And Declaring A Special Emergency

To discuss the Purchase, Acquisition, Lease, Transfer, or Sale of Real, Personal or other Property Interest under C.R.S. Section 24-6-402(4)(a) on two separate properties.

GRAND JUNCTION CITY COUNCIL

CITY HALL AUDITORIUM, 250 NORTH 5^TH STREET

AGENDA

WEDNESDAY, APRIL 17, 2002, 7:30 P.M.

Action: Approve the Summary of the April 3, 2002 Workshop and the Minutes of the April 3, 2002 Regular Meeting

The request is to appropriate specific amounts for several of the City’s accounting funds as specified in the ordinance.

Proposed Ordinance Making Supplemental Appropriations to the 2002 Budget of the City Of Grand Junction

Action; Adopt Proposed Ordinance on First Reading and Setting a Hearing for May 1, 2002

These changes to the ordinance will allow the issuance of sidewalk permits or those restaurants and cafes fronting on Main Street, between 1^st and 7^th streets. The 1981 ordinance has been updated, and the new provisions have been included.

Proposed Ordinance Amending Part of Chapter 32 of the City Of Grand Junction Code of Ordinances Relating to Downtown Sidewalk Permits

Bids were received and opened on April 2, 2002 for the 2002 New Sidewalk Construction.

Action: Authorize the City Manager to Execute a Construction Contract for the 2002 New Sidewalk Construction with Reyes Construction Inc. in the Amount of $129,565.70

Bids were received and opened on April 2, 2002 for Seasons Outfall Sewer. The low bid was submitted by M.A. Concrete Construction, Inc. in the amount of $76,748.00.

Action: Authorize the City Manager to Execute a Construction Contract for the Seasons Outfall Sewer to M.A. Concrete Construction, Inc. in the Amount of $76,748.00

6. Growth Plan Amendment for the Lewis Property Located at 2258 S. Broadway [File #GPA-2001-178] Attach 8

At its January 16, 2002 meeting City Council considered a request to redesignate .93 acres of the Lewis property located at 2258 South Broadway from Residential Low, ½-2 acres per dwelling unit to Commercial. The resolution affirms Council’s action.

Resolution No. 30-02 – A Resolution Amending the City of Grand Junction Growth Plan Future Land Use Map to Redesignate .93 acres of the Lewis Property Located at 2258 South Broadway from Residential Low, ½ -2 Acres Per Dwelling Unit, to Commercial

7. Vacation of Easement for the Kinderhaus Subdivision [File #VE-2002-012] Attach 9

The applicant proposes to vacate a utility and irrigation easement in conjunction with a request for approval of a Conditional Use Permit to allow an expansion of an existing day care facility in an RMF-8 zone district. At its hearing of March 26, 2002 the Planning Commission recommended approval.

Resolution No. 31-02 – A Resolution Vacating a Utility/Irrigation Easement Located on the West Side of the Parcel Known as 2880 Elm Avenue

8. Setting a Hearing for Rezoning Valley Meadows North Located at the North End of Kapota Street [File #RZP-2002-019] Attach 10

First reading of the rezoning ordinance to rezone the Valley Meadows North property located at the north end of Kapota Street from Residential Single Family Rural (RSF-R) to Residential Single Family-4 (RSF-4).

Proposed Ordinance Rezoning the Valley Meadows North Property Located at the North End of Kapota Street from Residential Single Family Rural (RSF-R) to Residential Single Family-4 (RSF-4)

Action: Adopt Proposed Ordinance on First Reading and Set a Hearing for May 1, 2002

In 1999, the City, along with the City of Fruita, Town of Palisade and Mesa County were awarded the Juvenile Accountability Incentive Block Grant. The total grant amount is $83,350, with $33,032 allocated to the City and $50,318 allocated to Mesa County, the City of Fruita, and the Town of Palisade. These three entities have waived their award to the City, who then passes the award on to the Partners program. Since this grant consists of federal dollars, this money will not be calculated as part of TABOR.

Resolution No. 32-02 - A Resolution Accepting the Juvenile Accountability Incentive Block Grant

10. Public Hearing - Approving a Loan from the Colorado Water Resources and Power Development Authority to Finance Sewer Improvements Attach 22

Ordinance No. 3421 - An Ordinance Authorizing a Loan from the Colorado Water Resources and Power Development Authority to Finance Improvements to the Joint Sewer System; Authorizing the Form and Execution of the Loan Agreement and a Governmental Agency Bond to Evidence Such Loan; Ratifying Prior Determinations of the Council; and Prescribing Other Details in Connection Therewith.

These design services will complete the schematic design of Canyon View Park, including the approximately 36 acres east of Phase I and the area around the baseball field. The current conceptual master plan for this area includes the addition of trails, open turf sport fields, tennis complex, playgrounds, shelters, vehicle circulation and parking and needed infrastructure. Currently, funds are not available to complete the entire project. Current funding should allow for the development of construction/bidding documents and installation of infrastructure and utilities, as well as some limited surface improvements. The exact extent of the improvements possible with current funding will be determined following the completion of the schematic design.

Action: Authorize the City Manager to Negotiate Fees and Enter into Contract for Schematic Design Services for Phase II Master Plan of Canyon View Park

12. Public Hearing – Rinderle Annexation Located at the SE Corner of 28 Road and B ½ Road [File #ANX-2002-027] Attach 12

Resolution for Acceptance of Petition to Annex/Second reading of the annexation ordinance for the Rinderle Annexation located at the southeast corner of 28 Road and B ½ Road. The 11.575-acre Rinderle Annexation consists of one parcel of land.

Resolution No. 33-02 - A Resolution Accepting Petitions for Annexation, Making Certain Findings, Determining that Property Known as Rinderle Annexation is Eligible for Annexation Located at the Southeast Corner of 28 Road and B ½ Road

Ordinance No. 3411 - An Ordinance Annexing Territory to the City of Grand Junction, Colorado Rinderle Annexation Approximately 11.575 Acres Located at the Southeast Corner of 28 Road and B ½ Road

13. Public Hearing – Zoning Rinderle Annexation Located at the SE Corner of

Annexation. A preliminary plan to subdivide the parcel into 39 single-family lots was approved by the Planning Commission at its March 26, 2002 hearing. The Planning Commission recommends approval of the zone of annexation.

Ordinance No. 3412 – An Ordinance Zoning the Rinderle Annexation Residential Single Family-Four (RSF-4), Located at the Southeast Corner of 28 Road and B ½ Road

14. Public Hearing – Vacation of Right-of-Way and Multi-Purpose Easements, Fountainhead Blvd, Located in the Fountain Greens Subdivision between

The applicant requests to vacate a portion of Fountainhead Blvd. right-of-way and multi-purpose easements paralleling this right-of-way that was dedicated to provide curb returns to future public streets in Filing 3. These streets are now proposed to be private and the public right-of-way is no longer necessary. The Planning Commission recommends approval.

Ordinance No. 3413 - An Ordinance Vacating a Portion of Fountainhead Blvd. in Conjunction with Fountain Greens Filing 3 Subdivision Located Between 24 ¾ and 25 Roads, North of G Road

Resolution No. 34-02 – Vacating a portion of a Multi-Purpose Easement Paralleling Fountainhead Blvd, in Conjunction with Fountain Greens Filing 3 Subdivision located between 24 ¾ and 25 Roads, North of G Road

15. Public Hearing – Vacating a Portion of 25 Road Right-of-Way, Located Adjacent to Fountain Greens Filing 3 Subdivision at the North Side of Fountainhead Blvd. [File #FPP-2002-029] Attach 15

Ordinance No. 3414 - An Ordinance Vacating a Portion of 25 Road Adjacent to Fountain Greens Filing 3 Subdivision Located between 24 ¾ and 25 Roads, North of G Road

Resolution for Acceptance of Petition to Annex and Second reading of the annexation ordinance for the Staton Annexation located at 2673 ½ B ½ Road. The 17.329-acre Staton Annexation consists of one parcel of land.

Resolution No. 35-02 – A Resolution Accepting Petitions for Annexation, Making Certain Findings, Determining that Property Known as Staton Annexation is Eligible for Annexation Located at 2673 ½ B ½ Road and Including a Portion of the Linden Avenue Right-of-Way

Ordinance No. 3415 - An Ordinance Annexing Territory to the City of Grand Junction, Colorado Staton Annexation Approximately 17.329 Acres Located at 2673 ½ B ½ Road and Including a Portion of the Linden Avenue Right-of-Way

17. Public Hearing – Zoning the Staton Annexation Located at 2673 ½ B ½ Road [File #ANX-2002-028] Attach 17

The 17.329-acre Staton Annexation area located at 2673 ½ B ½ Road consists of one parcel of land. State law requires the City to zone newly annexed areas within 90 days of the annexation. The proposed City zoning of conforms to the Growth Plan Future Land Use map and is a lesser density than the existing Mesa County zoning of RSF-4. The Petitioner and Staff find that the land configuration would not support higher density.

Ordinance No. 3416 – An Ordinance Zoning the Staton Annexation to Residential Single Family with a Density Not to Exceed Two Units per Acre (RSF-2) Located at 2673 ½ B ½ Road

Resolution for Acceptance of Petition to Annex and Second Reading of the annexation ordinance for the Dettmer Annexation located at 2916 D-1/2 Road. This 0.861-acre (37,506.2 square feet) annexation consists of a single parcel of land.

Resolution No. 36-02 - A Resolution Accepting a Petition to Annex, Making Certain Findings, Determining that Property Known as Dettmer Annexation Located at 2916 D-1/2 Road Is Eligible for Annexation

Ordinance No. 3417 – An Ordinance Annexing Territory to the City of Grand Junction, Colorado Dettmer Annexation Approximately 0.861 Acres Located at 2916 D-1/2 Road

19. Public Hearing – Zoning the Dettmer Annexation Located at 2916 D ½ Road

Ordinance No. 3418 – An Ordinance Zoning the Dettmer Annexation to Residential Single Family with a Maximum Density of 4 Units per Acre (RSF-4) Located at 2916 D ½ Road

20. Public Hearing – Traver Annexation No. 3 Located Along the Grand Valley Irrigation Canal, NE of 30 and D Roads [File #ANX-2001-011] Attach 20

Resolution for Acceptance of Petition to Annex and Second Reading of the annexation ordinance for the Traver Annexation No. 3, a parcel of land lying along the Grand Valley Irrigation Company canal situated north of the Traver Annexation No. 2 and east of D and 30 Roads. This 0.2407-acre (10,484.9 square feet) annexation consists of a single parcel of land.

Resolution No. 23-02 – A Resolution Accepting a Petition for Annexation, Making Certain Findings, Determining that Property Known as Traver Annexation No. 3 Located at the Grand Valley Irrigation Canal, Northeast of D And 30 Roads is Eligible for Annexation

Ordinance No. 3419 - An Ordinance Annexing Territory to the City of Grand Junction, Colorado, Traver Annexation No. 3 Approximately 0.2407 Acres, Located at the Grand Valley Irrigation Canal, NE of D and 30 Roads

21. Public Hearing – Zoning the Traver Annexation No. 3 Located Along the Grand Valley Irrigation Canal, NE of 30 and D Roads [File #ANX-2001-011]

Annexation. The proposed City zoning conforms to the Growth Plan’s Future Land Use Map and recommendation for Residential Medium with residential land uses between 4 and 8 units per acre for this area. The remainder of the Westland Estates subdivision was zoned RSF-4 when it was annexed in 2001.

Ordinance No. 3420 - Zoning the Traver Annexation No. 3 to Residential Single Family with a Maximum Density of 4 units per acre (RSF-4) Located at the Grand Valley Canal, Northeast of 30 and D Roads

Contractor	From	Bid Amount
M.A. Concrete Construction	Grand Jct	$76,748.00
Skyline Construction	Grand Jct	$84,452.80
Taylor Constructors	Grand Jct	$96,266.00
Oldcastle SW Group (dba United Companies)	Grand Jct	$131,254.00
Engineer’s Estimate		$77,688.00