Ordinance No. 3533 (Word Version)

AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS TO BE MADE IN THE RIMROCK MARKETPLACE SPECIAL IMPROVEMENT DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS

WHEREAS, the City of Grand Junction Rimrock Marketplace General Improvement District (the “GID”), located in the City of Grand Junction, Mesa County, Colorado, is a quasi-municipal corporation duly organized and existing under the Constitution and laws of the State of Colorado; and

WHEREAS, the members of the GID Board of the City of Grand Junction (the “Board”) have been duly elected and qualified and serve ex officio as the Board of Directors of the GID (the “Board”); and

WHEREAS, pursuant to Section 31-25-611.5, C.R.S., the Board may establish the special improvement district, within the boundaries of the GID, pursuant to part 5, of Article 25 of Title 31, C.R.S. (the “SID Act”); and

WHEREAS, the GID and THF Belleville Development, L.P. (the “THF Belleville”), the owner of 100% of the real property in the GID, have executed the Special Improvement District Agreement made and entered into on October 29, 2002 as amended (the “Agreement”) concerning the formation of the Rimrock Marketplace Special Improvement District (the “District”), which Agreement has been assigned by THF Belleville to THF Grand Junction Development, L.L.C. (the "Owner"); and

WHEREAS, the GID has, by ordinance (the "Creation Ordinance"), created the Rimrock Marketplace Special Improvement District (the "District") for the purpose of constructing, installing, completing, and acquiring certain improvements described in the Creation Ordinance (the "Project") in the District, and assessing the costs thereof against the property in the District; and

WHEREAS, the total cost of the Project has been reasonably ascertained to be $3,980,000, and a statement of expenses and an assessment roll (the "Assessment Roll") apportioning such costs have been prepared and filed in the office of the City Clerk, ex officio Secretary of the GID; and

WHEREAS, pursuant to the Agreement the Owner has: (a) agreed that the GID may proceed to order that the Project be acquired and improved, issue bonds and otherwise finance the cost of the Project and levy assessments; (b) elected to pay the assessments on all of the Owner's property in the District in installments of principal and interest as may thereafter be fixed by the Assessment Ordinance; (c) waived the right to pay the whole assessment within 30 days after final publication of this Ordinance; (d) agreed that all of the property owned by each of the Owner is benefited by the Project by an amount at least equal to the amount proposed assessment; (e) waived any and all formalities required by the laws of the United States and the State in order to impose the assessments, including, but not limited to, the notice and hearing provisions of Sections 31-25-520 and 521, C.R.S. and the Owner's right to bring a legal or equitable action challenging the assessments, the assessment ordinance, or the bonds pursuant to Section 31-25-538, C.R.S.; (f) waived all powers, privileges, immunities and rights as against the GID or the District arising from or following from irregularities or defects, if any, occurring in connection with or ensuing from the actions, proceedings, matters and things heretofore taken or hereafter to be taken had and done by the GID, the Board and the officers of the GID concerning the creation of the District and the levying of special assessments to meet the cost and expenses of the improvements in the District (including, without limitation, the proper description of all property which the Owner may own within the District and the giving of proper notice of the proceedings relating to the District); (g) consented and agreed that all property in the District owned by the Owner be bound and be subject to the assessment lien as thoroughly and effectively as if all actions, proceedings, notices, matters and things had been taken and done free from irregularities; and (h) represented and warranted that the market value of each parcel owned by it in the District on the date of execution hereof and the date the assessments are levied exceeds the amount of the assessment proposed to be made against each such parcel; and

WHEREAS, in reliance upon the Agreement, the Board intends to levy assessments without complying with said notice and hearing provisions Sections 31-25-520 and 521, C.R.S.; and

WHEREAS, the Board has determined that the Assessment Roll should be approved; and

WHEREAS, it appears that the total cost of the Project is $3,980,000, no portion thereof is to be paid by the GID from funds other than special assessments and the total cost of the Project should be assessed against the property within the District; and

WHEREAS, it is hereby determined by the Board to assess the cost of the Project against the property in the District in the amounts set forth in the Assessment Roll.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION ACTING AS THE EX OFFICIO BOARD OF DIRECTORS OF THE CITY OF GRAND JUNCTION RIMROCK MARKETPLACE GENERAL IMPROVEMENT DISTRICT:

Confirmation of Assessment Roll. The whole cost of the Project and the apportionment of the same, as set forth in the Assessment Roll, is hereby approved and confirmed. Said apportionment is hereby declared to be in accordance with the special benefits which the property in the District will receive by reason of the construction of the Project. A share of said cost is hereby assessed to and upon each lot or tract of land within the District in the proportions and amounts set forth in the Assessment Roll.

Payment of Assessments. Pursuant to the Agreement, the Owner has elected to pay in installments. Accordingly, the Owner shall be conclusively held and considered as consenting to the Project and a waiving any right to question the power or jurisdiction of the GID to construct the Project, the quality of the work, the regularity or sufficiency of the proceedings, the validity or correctness of the assessments, or the validity of the lien thereof.

The assessments shall be payable to the City of Grand Junction Treasurer as ex officio Treasurer of the GID (the "Treasurer") in thirty (30) equal, semi-annual, amortized installments of principal and interest, payable on April 1 and October 1 of each year beginning October 1, 2003 and in each year thereafter until paid in full, with the last payment due on April 1, 2018. Interest shall accrue on unpaid installments of principal at the rate of 7.00% per annum from the effective date of this Ordinance until paid in full. The owner of any property not in default as to any installment or payment may, at any time, pay the whole of the unpaid principal with the interest accruing to the maturity of the next installment of interest or principal with a prepayment premium of 3%. The Board may in its discretion waive or lower the prepayment premium if the bonds to be issued to finance the Project may be redeemed without a prepayment premium of 3%.

Penalty for Default. Failure to pay any installment, whether of principal or interest, when due shall cause the whole of the unpaid principal to become due and collectible immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate established pursuant to Section 5-12-106(2) and (3), C.R.S., until the day of sale; provided, that, at any time prior to the day of sale, the owner may pay the amount of all unpaid installments, with interest at the penalty rate of 12% per annum, and all costs of collection accrued. Upon such payment, the owner shall be restored to the right to pay in installments in the same manner as if default had not been suffered.

Assessment Lien; Recordation. All assessments together with all interest thereon and penalties for default in payment thereof, and all costs in collecting the same shall constitute, from the effective date of this ordinance, a perpetual lien in the several amounts assessed against each lot or tract of land and shall have priority over all other liens excepting general tax liens.

The Secretary shall file copies of this ordinance after its final adoption by the Board with the County Clerk and Recorder of Mesa County for recording in the real estate records, as provided in Section 31-25-522(2), C.R.S. In addition, the Secretary shall file copies of this ordinance after its final adoption by the Board with the County Assessor and County Treasurer for Mesa County. The County Assessor is authorized to create separate schedules for each lot or tract of land assessed pursuant to this ordinance, pursuant to Section 31-25-522(2), C.R.S.

Assessments Against Divided or Subdivided Tracts. As to any subdivision of land assessed hereunder, the assessment shall in each case be a lien upon all the subdivisions in proportion to their respective areas; provided that in the event any subsequent subdivision includes any public rights-of-way, the assessment which otherwise would be imposed against such public rights-of-way will be deemed to be imposed uniformly, on an area basis, upon the remaining area of the subdivided property. The GID may also reapportion assessments on tracts on a basis other than area if the Board finds that the proposed action will not materially or adversely impair the obligation of the GID with respect to the Bonds.

The Treasurer is hereby authorized and directed to take such action with respect to the foregoing allocations as may be necessary or desirable under the circumstances.

Repealer. Ordinance No. 3480 is repealed. Additionally, all bylaws, orders, resolutions and ordinances of the City, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency as applicable to this matter only. This section shall not be construed to revive any other such bylaw, order, resolution or ordinance of the City, or part thereof, heretofore repealed.

Severability. If any section, subsection, paragraph, clause or other provision of this ordinance for any reason is invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or other provision shall not affect any of the remaining provisions of this ordinance, the intent being that the same are severable.

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 Board, shall be numbered and recorded by the Secretary in the official records of the District. The adoption and publication shall be authenticated by the signatures of the President of the Council as the ex officio President of the Board and City Clerk as the ex officio Secretary of the Board, and by the certificate of publication.

INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED PUBLISHED IN PAMPHLET FORM ON APRIL 16, 2003.

INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED PUBLISHED IN PAMPHLET FORM ON MAY 7, 2003.

I, the duly elected, qualified and acting City Clerk of the City of Grand Junction, Colorado and ex officio as Secretary of the City of Grand Junction Rimrock Marketplace General Improvement District (the “District”) do hereby certify:

1. That the foregoing pages are a true, correct, and complete copy of an ordinance adopted by the City Council serving ex officio as the Board of Directors of the District (the “Board”) at a regular meeting of the Council held at City Hall on May 7, 2003. A quorum of the Board was in attendance at said meeting.

2. That the passage of the Ordinance on first reading was duly moved and seconded at a regular meeting of the Council on April 16, 2003 and the Ordinance was approved on first reading by a vote of not less than four members of the Board as follows:

Those Voting Aye:

Those Voting Nay:

Those Absent:

Those Abstaining:

Harry Butler

Dennis Kirtland

Bill McCurry

Jim Spehar

Janet Terry

Reford Theobold

Cindy Enos-Martinez

None

3. That the passage of the Ordinance on second and final reading was duly moved and seconded at a regular meeting of the Board on May 7, 2003 and the Ordinance was approved on second and final reading by a vote of not less than four members of the Council as follows:

Those Voting Aye:

Those Voting No:

Those Abstaining:

Those Absent:

Harry Butler

Cindy Enos-Martinez

Bruce Hill

Dennis Kirtland

Bill McCurry

Gregg Palmer

Jim Spehar

None

4. That the Ordinance has been authenticated by the President, sealed with the corporate seal of the District, attested by me as Secretary, and duly recorded in “The Ordinance Book” of the City; and that the same remains of record in “The Ordinance Book” of the City.

5. That notices of the meetings of April 16, 2003 and May 7, 2003, in the forms attached hereto as Exhibit A, were duly given to the Board members and were posted in a designated public place within the boundaries of the District no less than twenty-four hours prior to the meetings as required by law.

6. That the Ordinance was published after first reading in pamphlet form and notice of hearing was published in The Daily Sentinel, a daily newspaper published and of general circulation in the City on April 21, 2003 and the Ordinance was published after final adoption in pamphlet form. The affidavit of publication is attached hereto as Exhibit B.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said District this 9th day of May, 2003.

GRAND JUNCTION CITY COUNCIL

CITY HALL AUDITORIUM, 250 NORTH 5^TH STREET

AGENDA

WEDNESDAY, APRIL 16, 2003, 7:30 P.M.

PROCLAIMING MAY 3, 2003 AS “MARINE CORPS LEAGUE DAY” IN THE CITY OF GRAND JUNCTION

PRESENTATION OF PLAQUES FOR OUTGOING COUNCILMEMBERS JANET TERRY AND REFORD THEOBOLD

Action: Approve the Summary of the March 31, 2003 Workshop and the Minutes of the April 2, 2003 Regular Meeting and the Minutes of the April 9, 2003 Special Meeting

ACS (Banner) has abandoned further development of the current sales tax system, and it will become obsolete. Several systems were researched and it was determined that HMS, Inc software system is the most viable and cost effective alternative.

Action: Authorize the City Information Services Manager to Sign a Contract with HMS, Inc. for a New Sales Tax System for a Total of $36,500 and Authorize $11,600 from Contingency to Supplement the $30,000 Budgeted for a Total of $41,600 to Purchase, Implement and Install the HMS, Inc. System

3. Setting a Hearing on Supplemental Budget Appropriations for 2003 Attach 3

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 2003 Budget of the City of Grand Junction

Action: Adopt Proposed Ordinance on First Reading and Set a Hearing for May 7, 2003

4. Setting a Hearing on Creating the Special Assessment District, Issuing Bonds and Assessing the Properties for Rimrock Marketplace Attach 4

This is the first reading of three related ordinances for Rimrock Marketplace G.I.D. They authorize creating a special assessment district, bond sale of $3,980,000, and assessing the properties in the district.

Proposed Ordinance Creating the Rimrock Marketplace Special Improvement District within the City of Grand Junction Rimrock Marketplace General Improvement District

Proposed Ordinance Concerning the Rimrock Marketplace General Improvement District and Authorizing the Issuance of Special Assessment Bonds

Proposed Ordinance Approving the Whole Cost of the Improvements to be Made in the Rimrock Marketplace Special Improvement District; Assessing a Share of said Cost Against each Lot or Tract of Land in the District; and Prescribing the Manner for the Collection and Payment of said Assessments

Action: Adopt Proposed Ordinances on First Reading and Set a Hearing for May 7, 2003

This purchase is being requested by the Streets Department to replace two old outdated mowers with a single better suited mower. Bid details are as follows:

Delta Implement Company	Grand Junction	$65,650.00
Western Implement Company	Grand Junction	$73,832.00
Western Implement Company	Grand Junction	$78,650.00

Action: Authorize the City Purchasing Manager to Purchase One (1) John Deere Tractor and One (1) Diamond Mower from Delta Implement Company in the Amount of $65,650.00

6. Vacating Various Easements Associated with the Abandoned Portion of the Kannah Creek Flowline Attach 6

The easements to be vacated are no longer necessary due to the recent relocation of the Kannah Creek Flowline.

Resolution No. 31-03 – A Resolution Vacating Certain Easements No Longer Needed Because Several Portions of the Kannah Creek Flowline have been Relocated

7. Revocable Permit for a Canopy and Private Parking in Main Street Right-of-Way, 205 Main Street [File # RVP-2002-164] Attach 7

Hampton Inn, to be located at 205 Main Street, is requesting approval of 2 Revocable Permits for a canopy and private parking in Main Street right-of-way.

Resolution No. 32-03 – A Resolution Concerning the Issuance of a Revocable Permit to Western Hospitality LLC, a Colorado Limited Liability Company (Canopy Over Sidewalk)

Resolution No. 33-03 – A Resolution Concerning the Issuance of a Revocable Permit to Western Hospitality LLC, a Colorado Limited Liability Company (Private Parking)

8. Setting a Hearing for Text Amendments to the Zoning and Development Code [File # TAC-2003-01.01] Attach 8

First reading of the Ordinance to correct, clarify, re-format or delete numerous references in the current Zoning and Development Code.

Proposed Ordinance Adopting Amendments to the City of Grand Junction’s Zoning and Development Code and Authorizing Publication of the Amendments by Pamphlet

Action: Adopt Proposed Ordinance on First Reading and Set a Hearing for May 7, 2003

This project will include improvements on the property at the corner of 24 Rd. and G Rd. within Canyon View Park. The improvements are to include: lighting and landscaping in the parking lot adjacent to the new multi-purpose fields, grading and drainage improvements, concrete walkways, a shade pavilion, irrigation and landscaping and new entry landscaping in the area of the G Road entrance into the park. There were 3 responsive responsible bids received and opened on April 3, 2003.

Contractor	Location	Base Bid	*Alternate 1	**Alternate 2
WD Yards	Grand Junction	$193,568.00	$6,806.00	$3,214.00
Clarke & Co.	Grand Junction	$223,443.00	$5,360.00	$2,800.00
Alpine C.M.	Grand Junction	$239,700.00	$4,200.00	$3,300.00

Action: Authorize the City Manager to Sign a Contract with WD Yards Inc., for the Canyon View Park Base Bid Improvements Including Both Alternates in the Amount of $203,588 Pending the Receipt of a Current Contractor’s License

The City of Grand Junction has been requested to authorize tax exempt bonds not to exceed $3,025,000 on behalf of Community Hospital. The proposed ordinance accomplishes the issuance of these bonds for the 501 C (3) hospital. The bonds are not an obligation of the City nor do they in any way use our credit rating.

Ordinance No. 3528 - An Ordinance Authorizing the Issuance and Sale of City of Grand Junction, Colorado, Development Revenue Bond (Community Hospital Project), Series 2003, in the Aggregate Principal Amount not to Exceed $3,025,000; Making Determinations as to Sufficiency of Revenues and as to Other Matters Related to the Project and Approving the Form and Authorizing the Execution of Certain Documents Relating Thereto.

Resolution No. 40-03 – A Resolution that is a Statement of Intent for the Departments of Public Works and Utilities, and Parks and Recreation, to Bid Out Capital Improvements

12. Public Hearing - Rehearing of the Zoning the Red Tail Ridge Annexation, Located at the South End of Buena Vista Drive [File #ANX-2002-230] Attach 10

The Red Tail Ridge Annexation is requesting that a zoning of RSF-4 be applied to the 9.88 acres. The City Council at its February 19, 2003 hearing zoned the site to a RSF-2 zone district based on public testimony and compatibility with adjacent property’s densities.

Ordinance No. 3509 - An Ordinance Zoning the Red Tail Ridge Annexation to the Residential Single Family – 4 dwelling units per acre (RSF-4) District, Located at the Southerly End of Buena Vista Road

*Action: Repealing Ordinance No. 3504 and Adopt Ordinance No. 3509 on Second Reading

13. Public Hearing - Grand Meadows South Annexation Located at 466 30 Road [File #ANX-2003-010] Attach 11

A Resolution for acceptance of petition to annex and second reading of the Annexation Ordinance for the Grand Meadows South Annexation, located at 466 30 Road.

Resolution No. 34-03 – A Resolution Accepting a Petition for Annexation, Making Certain Findings, Determining that Property Known as the Grand Meadows South Annexation Area is Eligible for Annexation, Located at 466 30 Road

Ordinance No. 3510 – An Ordinance Annexing Territory to the City of Grand Junction, Colorado, Grand Meadows South Annexation, Approximately 4.8995 Acres, Located at 466 30 Road

14. Public Hearing - Zoning the Grand Meadows South Annexation, Located at 466 30 Road [File #ANX-2003-010] Attach 12

Second reading of the zoning ordinance to zone the Grand Meadows South Annexation Residential Multi-Family-5 (RMF-5), located at 466 30 Road.

Ordinance No. 3511– An Ordinance Zoning the Grand Meadows South Annexation to Residential Multi-Family-5 (RMF-5), Located at 466 30 Road

15. Public Hearing - Summit Meadows West Annexation Located at 3134 and 3138 D ½ Road [File #ANX-2003-016] Attach 13

Resolution for acceptance of petition to annex and second reading of the Annexation Ordinance for the Summit Meadows West Annexation, located at 3134 and 3138 D ½ Road.

Resolution No. 35-03 – A Resolution Accepting a Petition for Annexation, Making Certain Findings, Determining that Property Known as the Summit Meadows West Annexation Area is Eligible for Annexation, Located at 3134 and 3138 D ½ Road

Ordinance No. 3512 – An Ordinance Annexing Territory to the City of Grand Junction, Colorado, Summit Meadows West Annexation No. 1, Approximately 5.9092 Acres Located at 3134 and 3138 D ½ Road

Ordinance No. 3513 - An Ordinance Annexing Territory to the City of Grand Junction, Colorado, Summit Meadows West Annexation No. 2, Approximately 4.9174 Acres Located at 3134 and 3138 D ½ Road

16. Public Hearing – Zoning the Summit Meadows West Annexation, Located at 3134 and 3138 D ½ Road [File #ANX-2003-016] Attach 14

Second reading of the zoning ordinance to zone the Summit Meadows West Annexation Residential Multi-Family-5 (RMF-5), located at 3134 and 3138 D ½ Road.

Ordinance No. 3514 - An Ordinance Zoning the Summit Meadows West Annexation to Residential Multi-Family-5 (RMF-5), Located at 3134 and 3138 D 1/2 Road

17. Public Hearing - Hubbartt Annexation Located at 2976 Gunnison Avenue [File #ANX-2003-008] Attach 15

Resolution for acceptance of the petition to annex and second reading of the annexation ordinance for the Hubbartt Annexation located at 2976 Gunnison Avenue. The annexation consists of 1.2731 acres on one parcel of land. The petitioner is seeking annexation in anticipation of constructing a 5,000 s.f. auto body repair shop, pursuant to the 1998 Persigo Agreement with Mesa County.

Resolution No. 36-03 – A Resolution Accepting a Petition for Annexation, Making Certain Findings, Determining that Property Known as Hubbartt Annexation is Eligible for Annexation Located at 2976 Gunnison Avenue and Including a Portion of Gunnison Avenue Right-of-Way

Ordinance No. 3515 – An Ordinance Annexing Territory to the City of Grand Junction, Colorado, Hubbartt Annexation, Approximately 1.2731 Acres, Located at 2976 Gunnison Avenue and Including a Portion of Gunnison Avenue Right-of-Way

18. Public Hearing – Zoning the Hubbartt Annexation Located at 2976 Gunnison Avenue [File #ANX-2003-008] Attach 16

The Hubbartt Annexation is comprised of 1 parcel of land consisting of 1.2731 acres located at 2976 Gunnison Avenue. The petitioner is requesting a zone of Light Industrial (I-1), which conforms to the Growth Plan Future Land Use Map. Planning Commission recommended approval at its February 25, 2003 meeting.

Ordinance No. 3516 – An Ordinance Zoning the Hubbartt Annexation to Light Industrial I-1 Located at 2976 Gunnison Avenue

19. Public Hearing - Seriani Annexation No. 1 & 2 Located at 2986 Gunnison Avenue [File #ANX-2003-025] Attach 17

The Seriani Annexation No. 1 & 2 is a serial annexation consisting of a total of 0.68 acres and can be legally described as Lot 12, Banner Industrial Park and is located at 2986 Gunnison Avenue and is currently being used as a storage yard. The petitioner’s intent is to annex and then develop the property as light industrial by constructing an office/shop building for their concrete business. The proposed annexation lies within the Persigo 201 sewer district. The petitioner’s request acceptance of the Annexation Petition, and Second Reading of the Annexation Ordinance(s) for the Seriani Annexation No. 1 & 2.

Resolution No. 37-03 – A Resolution Accepting a Petition for Annexation, Making Certain Findings, Determining that Property Known as Seriani Annexation, a Serial Annexation Comprising Seriani Annexation No. 1 and Seriani Annexation No. 2, Located at 2986 Gunnison Avenue

Ordinance No. 3517 – An Ordinance Annexing Territory to the City of Grand Junction, Colorado, Seriani Annexation No. 1, Approximately 0.3444 Acres Located at 2986 Gunnison Avenue

Ordinance No. 3518 - An Ordinance Annexing Territory to the City of Grand Junction, Colorado, Seriani Annexation No. 2, Approximately 0.3436 Acres Located at 2986 Gunnison Avenue

20. Public Hearing – Zoning the Seriani Annexation Located at 2986 Gunnison Avenue [File #ANX-2003-025] Attach 18

The Seriani Annexation consists of 0.68 acres of land that is located at 2986 Gunnison Avenue and is currently being used as a storage yard for their concrete business. The petitioner’s intent is to annex and then develop the property as light industrial by constructing an office/shop building for their concrete business in spring 2003. The proposed annexation is considered to be a serial annexation and can be legally described as Lot 12, Banner Industrial Park. The proposed zoning is I-1, Light Industrial. The Planning Commission recommended approval at its February 25, 2003 meeting.

Ordinance No. 3519 – An Ordinance Zoning the Seriani Annexation, Lot 12, Banner Industrial Park to Light Industrial (I-1) Located at 2986 Gunnison Avenue

21. Public Hearing - Fairway Pines Annexation Located at 2970 B Road [File # ANX-2003-021] Attach 19

The Fairway Pines Annexation is an annexation comprised of 1 parcel of land located at 2970 B Road, comprising a total of 6.4295 acres. The petitioner is seeking annexation as part of a request for Preliminary Plan approval pursuant to the 1998 Persigo Agreement with Mesa County.

Resolution No. 38-03 – A Resolution Accepting a Petition for Annexation, Making Certain Findings, Determining that Property Known as the Fairway Pines Annexation is Eligible for Annexation Located at 2970 B Road

Ordinance No. 3520 – An Ordinance Annexing Territory to the City of Grand Junction, Colorado, Fairway Pines Annexation, Approximately 6.4295 Acres Located at 2970 B Road

22. Public Hearing – Zoning the Fairway Pines Annexation Located at 2970 B Road [File #ANX-2003-021] Attach 20

The Fairway Pines Annexation is requesting that a zoning of RSF-4 be applied to the 6.4295 acres. The Planning Commission at its March 11, 2003 hearing recommended approval of the zone of annexation.

Ordinance No. 3521 - An Ordinance Zoning the Fairway Pines Annexation to the Residential Single Family – 4 Dwelling Units Per Acre (RSF-4) District Located at 2970 B Road

23. Public Hearing – Fruitvale Estates Annexation, South of E ½ Road (Orchard Ave.), North of Hoover Drive (3083 E ½ Road) [File #ANX-2003-023]Attach 21

The Fruitvale Estates Annexation is an annexation comprised of 1 parcel of land located on the south side of E ½ Road, north of Hoover Drive, comprising a total of 4.3815 acres. The petitioner is seeking annexation as part of a request for Preliminary Plan approval pursuant to the 1998 Persigo Agreement with Mesa County.

Resolution No. 39-03 – A Resolution Accepting a Petition for Annexation, Making Certain Findings, Determining that Property Known as the Fruitvale Estates Annexation is Eligible for Annexation, Located at 3083 E ½ Road

Ordinance No. 3522 – An Ordinance Annexing Territory to the City of Grand Junction, Colorado, Fruitvale Estates Annexation, Approximately 4.3815 Acres Located at 3083 E ½ Road

24. Public Hearing – Zoning the Fruitvale Estates Annexation, Located at 3083 E ½ Road (Orchard Avenue) [File #ANX-2003-023] Attach 22

The Fruitvale Estates Annexation is requesting that a zoning of RSF-4 be applied to the 4.3815 acres. The Planning Commission at its March 25, 2003 hearing recommended approval of the zone of annexation.

Ordinance No. 3523 – An Ordinance Zoning the Fruitvale Estates Annexation to the Residential Single Family – 4 dwelling Units Per Acre (RSF-4) District Located at 3083 E ½ Road (Orchard Avenue)

25. Public Hearing – Spanish Trails, Filing 3, Right-of-Way and Easement Vacation [File #FPP-2002-204] Attach 23

A request to vacate a portion of the 24 ¼ Road Right-of-Way and emergency access easement in the proposed Spanish Trails, Filing 3.

Ordinance No. 3524 – An Ordinance Vacating a Portion of the 24 ¼ Road Right-of-Way

Ordinance No. 3525 – An Ordinance Vacating an Emergency Access Easement in Spanish Trails Located at 719 24 ½ Road

A request to approve zoning for Redlands Mesa, Phase III, to allow 61 single family lots.

Ordinance No. 3526 – An Ordinance Zoning Land Located South and West of the Ridges Known as Redlands Mesa, Phase III to Planned Development (PD)

27. Public Hearing – Zoning the Cottages at The Commons Assisted Living Facility Located at 625 27 ½ Road [File #RZ-2003-026] Attach 25

Hilltop Health Service Corporation proposes to construct twenty (20) two-bedroom Cottages as Phase 2 of the four-phase Commons project in progress at 625 27-1/2 Road. This project requires that the approved Final Plan and Planned Development zoning ordinance be amended.

Ordinance No. 3527 – An Ordinance Amending Ordinance No. 3263 Pertaining to the Commons Assisted Living Facility, 625 27-1/2 Road (Formerly 616 27-1/2 Road)

Action: Approve the Summary of the April 14, 2003 Workshop and the Minutes of the April 16, 2003 Regular Meeting

Annually City Council discusses and assigns Councilmembers to represent them on various boards and within different outside organizations. Formal action is taken by resolution.

Resolution No. 41-03 – A Resolution Appointing and Assigning City Councilmember’s to represent the City on Various Boards and Organizations

On January 15, 2003, the City Council adopted Resolution No. 01-03 which set the meeting schedule for the year. Since several members of Council will be attending the CML Conference in Pueblo on June 18^th, it has been proposed that the meeting schedule be amended to have the regular meeting on the previous Monday, June 16^th in conjunction with the workshop.

Resolution 42-03 – A Resolution of the City of Grand Junction Amending Resolution No. 01-03 Which Set the City Council Meeting Schedule for the Year 2003

4. Purchase of 3/8” Aggregate Road Chips Required for the City Chip Seal Projects for the Year 2003 Attach 4

A 3/8” aggregate materials contract award for the City’s annual “Chip Seal” street maintenance program. Three bids were received based upon an estimated amount of 4400 tons.

Action: Authorize the Purchasing Manager to Sign and Issue a Purchase Order for 4,160 tons of 3/8” Chips to the Low Bidder, United Companies, for a Total Price of $52,000.00.

This purchase is being requested by the Fleet Department to replace an existing refuse truck with a new model.

Action: Authorize the City Purchasing Manager to Purchase One Mack Cab and Chassis and One LoDal Body from Kois Brothers Equipment in the Amount of $169,192.00

This replacement purchase is being requested by the City Fleet Division on behalf of the Parks Department.

Action: Authorize the City Purchasing Manager to Purchase One Freightliner Truck with National Crane Knuckle Boom from Transwest Trucks in the Amount of $87,841

7. Vacation of Easements – Independence Ranch Filings 10 & 11 [File # FPP-2002-159] Attach 7

The applicant proposes to vacate two sanitary sewer easements, one utility easement, two temporary turn-around easements, one stormwater detention easement and two stormwater retention easements that were created in previous filings of Independence Ranch Subdivision. The Planning Commission recommended approval on April 22, 2003.

Resolution No. 43-03 - A Resolution Vacating Various Easements in Conjunction with Filings 10 and 11 of Independence Ranch Located at 20 ½ and F ¾ Road

8. Amendments to the Future Land Use Map (Housekeeping items) [File #GPA-2003-061] Attach 8

A request to amend the Future Land Use Map at Bookcliff Avenue, east of 7^th Street and the NE corner of Grand Avenue and 28 Road, to be consistent with existing zoning.

Resolution No. 44-03 - A Resolution Amending the Future Land Use Map of the City of Grand Junction Growth Plan

9. Setting a Hearing for Amending Hospice Medical Campus Planned Development to be Located at 3090 & 3150 North 12^th Street [File #PDR-2003-036] Attach 9

First reading of the Ordinance to amend Ordinance No. 3391 for the Preliminary Development Plan for the Hospice Medical Campus to be located at 3090 & 3150 North 12th Street.

Proposed Ordinance Zoning Two Parcels Located at 3090 and 3150 North 12^th Street from PD (For Miller Homestead) to PD for 12^th Street Medical Plaza and Hospice Care Planned Development

Action: Adopt Proposed Ordinance on First Reading and Set a Hearing for May 21, 2003

Bids were received and opened on April 22, 2003 for the 16^th Street Improvements. G&G Paving Construction Inc., submitted the low bid in the amount of $67,000.00

Action: Authorize the City Manager to Sign a Construction Contract with G& G Paving Construction Inc., for the 16^th Street Improvements in the Amount of $67,000.00

11. Request for Rehearing – Zoning the Red Tail Ridge Annexation Located at the South End of Buena Vista Drive [File #ANX-2002-230] Attach 11

The petitioners for the Red Tail Ridge Annexation requested that a zoning of RSF-4 be applied to the 9.88 acres. The City Council zoned the property to the RSF-2 zone district on February 19, 2003 following the public hearing on the zoning associated with the annexation.

The petitioner, who was not present at the hearing, requested rehearing of the zoning request in order to present their justification for a RSF-4 zoning on the property. The Council on April 16, 2003, granted the petitioners request and rezoned the site to the RSF-4 zone district.

Adjacent property owners are now requesting that the zoning be reheard again. Their rehearing requests are based on a lack of notice (not required on Council hearing items) and no opportunity for the public to speak after the petitioner’s rebuttal.

Action: Consider Rehearing of the Zoning Request, if Granted, Public Hearing Date will be June 4, 2003

12. Public Hearing - Text Amendments to the Zoning and Development Code [File # TAC-2003-01.01.] Attach 12

Second reading of the Ordinance to correct, clarify, re-format or delete numerous references in the current Zoning and Development Code.

Ordinance No. 3529 – An Ordinance Adopting Amendments to the City of Grand Junction’s Zoning and Development Code and Authorizing Publication of the Amendments by Pamphlet

13. Public Hearing - Supplemental Budget Appropriations for 2003 Attach 13

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

Ordinance No. 3530 – An Ordinance Making Supplemental Appropriations to the 2003 Budget of the City of Grand Junction

14. Public Hearing - Creating the Special Assessment District, Issuing Bonds and Assessing the Properties for Rimrock Marketplace Attach 14

This is the second reading of three related ordinances for Rimrock Marketplace G.I.D. They authorize creating a special assessment district, bond sale of $3,980,000, and assessing the properties in the district.

Ordinance No. 3531 – An Ordinance Creating the Rimrock Marketplace Special Improvement District within the City of Grand Junction Rimrock Marketplace General Improvement District

Ordinance No. 3532 – An Ordinance Concerning the Rimrock Marketplace General Improvement District and Authorizing the Issuance of Special Assessment Bonds

Ordinance No. 3533 – An Ordinance Approving the Whole Cost of the Improvements to be Made in the Rimrock Marketplace Special Improvement District; Assessing a Share of said Cost Against each Lot or Tract of Land in the District; and Prescribing the Manner for the Collection and Payment of said Assessments

*Action: Adopt Ordinance No. 3531, Ordinance No. 3532 and Ordinance No. 3533 on Second Reading

15. Staff Presentation of First Reading of a Watershed and Water Supply Protection District Ordinance (No Public Discussion) Attach 15

A Watershed Protection ordinance will protect the public water supply and preserve the City’s water resources. Various activities and land uses in the City’s watersheds could affect the quality and quantity of the water supply and facilities. In order to be able to decide what risks each activity may present to the City’s water supply and to see if modifications are necessary, persons conducting certain activities within the watersheds must first obtain City review, and if allowed, a watershed permit.

Proposed Ordinance Establishing a Watershed and Water Supply Protection District; Establishing Procedures and Standards for Watershed District Permits in Connection with Various Activities within said Watersheds; Prohibiting any Person from Polluting said Watersheds; Requiring a Watershed District Permit for Most Activities; and Providing Penalties and Remedies for Violation of this Ordinance

Action: Adopt on First Reading an Ordinance Establishing a Watershed and Water Supply Protection District, thus Protecting the City’s Water Supplies, and Discuss a Date for a Hearing

a. FOR THE PURPOSE OF RECEIVING LEGAL ADVICE CONCERNING GRAND MESA SLOPES UNDER C.R.S. SECTION 24-6-402(4)(b).

b. FOR THE PURPOSE OF RECEIVING LEGAL ADVICE CONCERNING CDOT’s 1601 PROCESS UNDER C.R.S. SECTION 24-6-402(4)(b).

c. 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) RELATIVE TO COLORADO CATFISH