City Council Agenda - 2016 - May 4 - Regular Meeting (Word Version)

Proclaiming May 9^th through May 23^rd, 2016 as “Paint the Town Purple Days” in the City of Grand Junction” Attachment

Proclaiming May 2^nd through May 8^th, 2016 as “Grand Junction Pride Fest Week” in the City of Grand Junction Attachment

Action: Approve the Summary of the April 18, 2016 Workshop and the Minutes of the April 20, 2016 Regular Meeting

This is a request to annex 3.954 acres, located at 2757 Highway 50. The PIA Annexation consists of 1 parcel.

Resolution No. 16-16 – A Resolution Referring a 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, PIA Annexation, Located at 2757 Highway 50

Proposed Ordinance Annexing Territory to the City of Grand Junction, Colorado, PIA Annexation, Approximately 3.954 Acres, Located at 2757 Highway 50

®Action: Adopt Resolution No. 16-16, Introduce a Proposed Annexation Ordinance, and Set a Hearing for June 15, 2016

3. Setting a Hearing on the Landmark Baptist Church Rezone, Located at 2711 Unaweep Avenue Attach 3

The applicants are requesting to rezone the property from R-8 (Residential 8 du/ac) to R-O (Residential – Office).

Proposed Ordinance Rezoning Landmark Baptist Church from R-8 (Residential 8 Du/Ac) to R-O (Residential – Office), Located at 2711 Unaweep Avenue

®Action: Introduce a Proposed Zoning Ordinance and Set a Hearing for May 18, 2016

4. Purchase a Service Truck with Crane for the Waste Water Services Division

The Crane Truck is part of the resources needed to provide ongoing operation and maintenance in the Waste Water Services Division. This equipment is used for the repair and installation of the Waste Water Lift Station pumps and facilities.

Action: Authorize the City Purchasing Division to Purchase a Service Truck with Crane for $134,812 from Transwest Truck Trailer RV

5. Application for Local Government Marijuana Impact Grant Program Attach 5

In November 2015, Colorado voters approved a ballot measure that allows taxes collected from the sale of recreational marijuana to be used to fund several statewide programs, including a Local Government Marijuana Impact Grant Program. This grant is available to local governments who do not allow the sale of retail marijuana. If awarded, the grant will fund two Detectives on the Western Colorado Joint Drug Task Force for a three year period.

Action: Authorize the Police Department to Apply for Funding from the State’s Local Government Marijuana Impact Grant Program in the Amount of $186,914 per Year for Three Years

*** 6. Contract to Sell Commercial Property at 2887 North Avenue Attach 6

As a result of the dissolution of the Fruitvale Sanitation District, the Persigo Joint Sewer System was conveyed ownership of the property at 2887 North Avenue. This property was formally utilized for the operations of the Fruitvale Sanitation District; however it is no longer needed for the operations of the Joint Sewer System. Because of this, a real estate agent was acquired to list and negotiate the sale of the property.

Resolution No. 20-16 – A Resolution Authorizing the Sale of Certain Real Property and Ratifying Actions Heretofore Taken in Connection Therewith

7. Public Hearing – Marquis Annexation, Zoning, and Comprehensive Plan Future Land Use Map Amendment, Located at 2245 ½ Broadway Attach 7

A request to annex and zone 0.54 acres from County RSF-4 (Residential Single-Family – 4 du/ac) to a City B-1 (Neighborhood Business) zone district along with a Comprehensive Plan Amendment to change the Future Land Use Map designation from “Residential Low” (0.5 – 2 du/ac) to “Neighborhood Center”.

Resolution No. 17-16 – A Resolution Accepting a Petition for the Annexation of Lands to the City of Grand Junction, Colorado, Making Certain Findings, and Determining that Property Known as the Marquis Annexation, Located at 2245 ½ Broadway, is Eligible for Annexation

Resolution No. 18-16 – A Resolution Amending the Comprehensive Plan Future Land Use Map of the City of Grand Junction from Residential Low (0.5 – 2 Du/Ac) to Neighborhood Center for the Marquis Annexation, Located at 2245 ½ Broadway

Ordinance No. 4695 – An Ordinance Annexing Territory to the City of Grand Junction, Colorado, Marquis Annexation, Consisting of One Parcel of 0.54 Acres, Located at 2245 ½ Broadway

Ordinance No. 4696 – An Ordinance Zoning the Marquis Annexation to B-1 (Neighborhood Business), Located at 2245 ½ Broadway

®Action: Adopt Resolution Nos. 17-16 and 18-16, Adopt Annexation Ordinance No. 4695 and Zoning Ordinance No. 4696, on Final Passage and Order Final Publication in Pamphlet Form

8. Public Hearing – Colorado Mesa University (CMU) Alley Right-of-Way Vacation, Located within the CMU Area between Elm and Kennedy Avenues

The applicant, CMU, requests approval to vacate a portion of public alley right-of-way between Elm and Kennedy Avenues. This right-of-way is adjacent to properties owned by CMU or currently under contract with CMU. The vacation will facilitate the construction of a new engineering building on campus.

Ordinance No. 4697 – An Ordinance Vacating a Portion of Alley Right-of-Way Located Between Elm and Kennedy Avenues, Located in the Colorado Mesa University Area

®Action: Adopt Ordinance No. 4697 on Final Passage and Order Final Publication in Pamphlet Form

9. Grant and Loan Contracts with the Colorado Water Conservation Board for the Hallenbeck No.1 Downstream Slope Repair Attach 9

The City Water Department has applied for a grant and a loan from the Colorado Water Conservation Board to facilitate repair of the Hallenbeck No. 1 Dam (Purdy Mesa). The dam experienced a structural failure in June of 2014 and has been drained since that time. City Council approved debt funding this project during the 2016 budget review process.

Resolution No. 19-16 – A Resolution Authorizing the Interim City Manager to Enter Into a Contract for Grant and Loan Funding from the Colorado Water Conservation Board for Construction Work on the Hallenbeck Number One Downstream Slope Improvements Project

Staff present: Moore, Shaver, Ashbeck, Valentine, Lanning, Schoeber, Portner, and Tuin

Agenda Topic 1. Community Development Block Grant (CDBG) 2016 Program Year Funding Requests

Interim City Manager (ICM) Moore introduced the topic and reviewed the allocation process. Ms. Ashbeck, Senior Planner, said available grant funds increased by about $10,000 over last year and 2016 is the first year of a new five year program; submission of a new Consolidated (master) Plan and an Analysis of Impediment to Fair Housing are required; no major changes are anticipated. These reports will go before City Council in June and be incorporated into the Action Plan. She referred to the Executive Summary that was provided and said the projections are based on the grant allocations from the last five years.

Councilmember Chazen suggested changing the CDBG Program goals to reflect Council’s goal to create more economic development opportunities. Ms. Ashbeck said each grant is reviewed by HUD (Department of Housing and Urban Development) and must meet at least one national objective, but as long as the allocations comply, the goals can be redirected.

Ms. Ashbeck reviewed the fund amount available for 2016, the reimbursed Administration costs, and application requests by category: Service Projects and Capital Improvements for City and Non-City Projects. The majority of Council agreed to fund the Service Project requests at the minimum level and allocate the remaining amount to Western Colorado Suicide Prevention Foundation (total $5,874). For the Capital Improvements category Council recommended the following: Center for Independence (riser) - $18,750; Housing Resources of Western Colorado (Veteran housing) - $7,750; HopeWest PACE Center (appliances) - $28,000; Grand Junction Housing Authority (coolers) - $75,000; Karis, Inc. (housing) - $50,000; Safe Routes to Schools – Nisley, $90,000/El Poso, $45,000; and Senior Recreation Center (rehab), $87,373.

Ms. Ashbeck noted that amendments to the Action Plan can be made for alternate projects if the primary projects cannot be completed. Councilmember Taggart suggested the drainage projects be placed on the alternate list.

Associated Governments of Northwest Colorado (AGNC) – Councilmember Chazen said the AGNC gets $100,000 each year from DOLA (Department of Local Affairs) to fund local mini grants; the City was awarded $7,950 to go toward the North Avenue medians.

Step 13 Residential Recovery Program – Councilmembers McArthur and Chazen toured a privately funded homeless rehabilitation (drugs and alcohol) facility in Denver. The facility has strict standards regarding work, meeting attendance, behavior, and facility cleanliness. Executive Director Peter Droege has been invited to address the Homeless Coalition.

5-2-1 Drainage Authority – Councilmember McArthur said the next meeting is April 20^th when they will elect new officers. Council President Norris asked if the 5-2-1 is supporting the new Grand Valley Drainage District fee and if they are supporting the recall efforts. Councilmember McArthur said the 5-2-1 will remain neutral regarding the fee and John Crouch is leading the recall effort. He explained the legal proceedings being put in place regarding the drainage fee.

Historic Train Depot - Councilmember Boeschenstein said the Depot has been purchased and the owners have big plans and are working on getting grants from the State Historic Fund and getting Amtrak reestablished there.

Downtown Development Authority (DDA) - Councilmember Chazen said the DDA Board has been discussing the Rood Avenue Parking Garage end cap (west end) and side lot. He is encouraged the project is moving forward with the Board reviewing proposal and development ideas. The Board is also putting together ideas for an RFP (request for proposal) for the Mesa County School District 51 R-5 property and talking to a developer regarding the White Hall property.

Councilmember Kennedy noted the DDA Broadband RFP deadline has been extended to April 29^th.

ICM Moore thanked everyone for their work on the Broadband Master Plan and said this topic will be on the May 16^th workshop agenda advising things are progressing well.

Parks and Recreation Advisory Board – Councilmember Kennedy said the Board heard a vendor appeal regarding the RFP for JUCO (Junior College World Series) concessions; the decision was upheld.

Avalon Theatre Foundation – The Foundation will be dedicating a donor wall on April 22^nd at the Avalon.

Colorado Riverfront Commission (CRC) – Councilmember Boeschenstein said the CRC is having a tour of all the Riverfront Projects on April 23^rd & 24^th. The City of Fruita has been award a grant from the State 16 Trails in 2016 Project which will provide a connection to Kokopelli Trail; the 29 Road Riverfront Connection and the Palisade Plunge did not make the first round of grant awards. He mentioned the Department of Energy has been trying to get a Visitors Center built using an existing cabin close to their offices showing the history and development of the atomic bomb at that location; he is encouraging them to relocate the cabin to Las Colonias since the uranium mill was located there.

Grand Junction Regional Airport Authority Board – Councilmember Taggart said the Board has a strong finalist for the Director position, Kip Turner, from Durango. Also, he has been working on the Airport Task Committee (ATC) regarding Minimum Standards, but has suggested these not be implemented because it would take the profitability out of West Star Aviation’s gas fueling operations which is a very competitive business. West Star has plans for expansion and Chattanooga, TN is currently trying to recruit them. The City is supportive of keeping West Star based in Grand Junction.

Councilmember Taggart said the legal issues regarding the unfinished building should come to a close this week and a report will be presented to the ATC no later than June which is about the same time the new Director should be hired.

Councilmember Taggart will update the Board on the ATC’s progress regarding the effort to provide a direct connection to LAX (Los Angeles International Airport); there have been local contributions of $.5 million toward this project.

Council President Norris stressed the importance of having a LAX connection for local economic development, both existing and proposed.

Burn Permits - ICM Moore said Fire Chief Watkins is compiling data regarding burn permits issued both inside City limits and within the local fire districts. There was discussion regarding moving the burn season dates, researching how other communities handle open burns, the agricultural benefits, what the burn permits regulate, compelling reasons to continue open burns, and what federal regulations need to be considered. There will be further discussion and review of the information from Chief Watkins at the May 16^th workshop.

Federal TIGER (Transportation Infrastructure Generating Economic Recovery) VIII Grant - Public Works Director Greg Lanning updated Council on the status TIGER VIII grant application they approved at the April 6^th regular meeting; County Staff presented this project to the Commissioners seeking their participation, but they declined. Mr. Lanning asked if Council would be willing to reach out to the County since the grant looks at partnerships. He noted County funds wouldn’t be needed for five years and the application deadline is April 29^th. It was decided to apply for the grant without a commitment from the County and if the City is awarded the grant, Council will look for matching funds at that time.

Colorado Senate Bill 16-183 – City Attorney Shaver explained this bill may potentially deregulate all the provisions of the 911 utility through the Public Utilities Commission (PUC); these are important because they regulate the basic exchange service provider. He will send Council a fact sheet and an opposition letter regarding the bill; he asked them to review the information and circulate the letter.

Paul Brown – Councilmember Kennedy said the late Paul Brown had been recognized at the State Legislature.

911 Center – Council President Norris met with Fruita and Palisade’s mayors and local EMS (emergency medical services) directors regarding a 911 Center and funding. A major concern is the lack of cell towers; in many areas there is no coverage and therefore no communication; cell towers will be the largest expense, estimated at $9-10 million. Fruita and Palisade spend over 50% of their budgets on 911 communications. She will also be meeting with outlying municipalities on this issue.

It has not been decided how this will be funded, but it will be a county wide issue.

1. Community Development Block Grant (CDBG) 2016 Program Year Funding Requests: City Council will consider which activities and programs to fund for the Community Development Block Grant (CDBG) 2016 Program Year. The City will receive $384,713 for the 2016 Program Year which begins September 1, 2016. In addition, funds from prior years in the amount of $117,866 will be allocated with the 2016 funds. Attachment

The City Council of the City of Grand Junction convened into regular session on the 20^th day of April, 2016 at 7:00 p.m. Those present were Councilmembers Bennett Boeschenstein, Chris Kennedy, Duncan McArthur, Rick Taggart, Barbara Traylor Smith, Martin Chazen, and Council President Phyllis Norris. Also present were Interim City Manager Tim Moore, City Attorney John Shaver, and City Clerk Stephanie Tuin.

Council President Norris called the meeting to order. Councilmember Chazen led the Pledge of Allegiance which was followed by a moment of silence.

Council President Norris welcomed Colorado Mesa University students from the Political Government and the American Government classes.

Councilmember Boeschenstein read the proclamation. Randy Coleman, Forestry Supervisor, and Kamie Long, Forestry Board Chair, were present to receive the proclamation. Ms. Long distributed Arbor Day hats to City Council. Mr. Coleman said that April has been Arbor Month because the Forestry crews and board have been so active. They had the first annual tree planting day in the Ridges and had over 100 volunteers from the Ridges participate. They have received nine other applications for other neighborhoods to plant trees. They also did a poster contest and went to schools to get kids excited about trees. Saturday, April 23^rd is Southwest Arbor Fest and there will be 1,500 trees of nine varieties that will be handed out during the festival. Mr. Coleman thanked the City Council.

Proclaiming May 1-7, 2016 “National Small Business Week” in the City of Grand Junction

Councilmember McArthur read the proclamation. Grand Junction Chamber of Commerce Chief Executive Officer Diane Schwenke and Grand Junction Business Incubator Board Chair Michael Burke were present to receive the proclamation. Ms. Schwenke thanked the City Council for the proclamation as Grand Junction is indeed a community of small businesses, over 90% of businesses in the City have ten or fewer employees. Most jobs come from that small business sector. Also May 8^th through the 14^th is Economic Development Week and the Chamber and the Business Incubator will be reaching out to small businesses that week. Mr. Burke said he was present to represent the Business Incubator because the Director was traveling for business. He described the growth of the Incubator and how the Incubator touches so many businesses.

Proclaiming May 1-8, 2016 as “Days of Remembrance” in the City of Grand Junction

Councilmember Chazen read the proclamation. David Eisner, Lay Leader of Congregation Ohr Shalom, was present to receive the proclamation. Mr. Eisner thanked the City Council and said this is the 7^th year he has received this proclamation from the City and noted the importance of ensuring the dignity of human beings. He reflected how things have changed in the last seven years and how genocide is still happening. He read a quote from a Rabbi indicating that everyone has an obligation to work towards the goal of ensuring dignity within the world.

Bruce Lohmiller, 536 29 Road, addressed the Council regarding "Exposé" and a letter of intent. He commented about what Mr. Eisner said. He thought the new City Manager would be in attendance and he wanted to provide a letter from Alan Story and his intent to be his running mate. He then addressed homelessness. He mentioned the Global Warming Conference.

Mikkel Kelly, 2491 Fountain Greens Place, introduced himself as he is the new Executive Director for the Western Colorado Center for the Arts. He has been here since July and he thanked the City for being so generous and hospitable and said he has enjoyed working with the City’s Arts Commission. The Center for the Arts is currently assessing their building and the future for the Center. He described upcoming events: the James Surls exhibition in July with the Colorado Mesa University Art Gallery also participating and the US Bank Fine Art Auction on May 6^th which is their big fundraiser. Included in that event is a raffle. He then passed out the Center for the Arts magazine listing exhibitions and classes to the City Council.

Councilmember McArthur said he was in Denver and toured a 13 Steps program (a homeless project) with Councilmember Chazen. He attended the Colorado Water Congress State Affairs meeting where current legislation was reviewed. He met with Horizon Drive hotel owners and managers and talked about concerns they have. The 521 Drainage Authority Annual Meeting was that day and the Authority has obtained a drainage discharge permit from the State of Colorado. It will go into effect on July 1, 2016. The Authority also has an obligation to educate the public on drainage.

Councilmember Boeschenstein said that on April 11^th, he went to the North Avenue Groundbreaking and also met with the Municipal Judge to resolve issues. He went to the Urban Trails Committee meeting on April 12^th, the Downtown Development Authority (DDA) meeting, the Joint Persigo Board meeting on April 14^th, and the City Council Workshop on April 18^th where the Community Development Block Grant funding was discussed. He attended the symphony concert on April 19^th and read a proclamation for Conductor Kirk Gustafson as it was his final concert. He attended the Horizon Drive Association Business Improvement District (HDABID) meeting and the 5-2-1 Drainage Authority meeting earlier that day.

Councilmember Chazen reported that on April 7^th, as mentioned by Councilmember McArthur, he visited Step 13 which is a men's residential recovery program in downtown Denver that offers its residents the opportunity to recover from the disease of addiction and become productive members of their communities through a program that focuses on the facets of sobriety, work, and personal accountability. The Executive Director has been invited to Grand Junction to talk to the Homeless Coalition. He also attended the April 11^th North Avenue Groundbreaking. He participated in the Chamber of Commerce Leadership Academy on April 14^th. On April 15^th there was an Associated Governments of Northwest Colorado (AGNC) meeting and a Department of Local Affairs (DOLA) mini grant program was discussed that AGNC administers. On April 16^th he attended the Court Appointed Special Advocate (CASA) fundraiser at the Trap Shoot Range and he thanked the City employees who helped pull the event together. He attended a Jordan Cove meeting on April 19^th and deferred to the Mayor for information on that meeting.

Councilmember Kennedy said he attended three community meetings regarding the next steps towards a Community and Recreation Center. He attended the Joint Persigo meeting on April 14^th, the Western Colorado Latino Chamber of Commerce meeting earlier that week, and the symphony concert mentioned previously where there were four featured soloists from Atlanta, Washington D.C., New York, and Russia by way of Greece.

Councilmember Taggart stated that earlier that week he attended the Colorado Department of Transportation (CDOT) open house for the potential new roundabout on the Redlands Parkway and Broadway. As an Airport Authority Board Member, he has spent a lot of time at the airport and there are very positive things emerging including a finalist for a new Director, Kip Turner from Durango; the airport has received news from Federal Aviation Administration (FAA) that the Environmental Impact Study for the new runway has been accepted; the Airport Task Committee has been working on bringing additional service to the Airport; and the FAA has approved an Airport Improvement Project for the refurbishing of the taxiways and some new lighting.

Council President Norris said that she attended North Avenue Groundbreaking, she attended the Leadership Academy on April 14^th, the Fire Department Academy graduation on April 15^th and she welcomed five new firefighters. She attended the Jordan Cove presentation and they presented a project where they will be selling natural gas to Japan and could have a 20 year potential of job security. She also went to the 5-2-1 Drainage Authority meeting earlier that day.

Councilmember Kennedy read the Consent Calendar items #1 through #6 and moved to adopt the Consent Calendar. Councilmember Boeschenstein seconded the motion. Motion carried by roll call vote.

Action: Approve the Summary of the April 4, 2016 Workshop, the Minutes of the April 6, 2016 Regular Meeting, and the Summary of the April 11, 2016 Special Workshop

This is a request to annex 0.9 acres, located at 227 29 Road. The Studt Annexation consists of 1 parcel.

Resolution No. 12-16 - A Resolution Referring a 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 Studt Annexation, Located at 227 29 Road

Proposed Ordinance Annexing Territory to the City of Grand Junction, Colorado, Studt Annexation, Approximately 0.9 Acres, Located at 227 29 Road

Action: Adopt Resolution No. 12-16, Introduce a Proposed Annexation Ordinance, and Set a Hearing for June 1, 2016

3. Setting a Hearing for Colorado Mesa University (CMU) Alley Right-of-Way Vacation, Located within the CMU Area between Elm and Kennedy Avenues

Proposed Ordinance Vacating a Portion of Alley Right-of-Way Located Between Elm and Kennedy Avenues, Located in the Colorado Mesa University Area

Action: Introduce a Proposed Ordinance and Set a Public Hearing for May 4, 2016

4. Setting a Hearing for Marquis Zone of Annexation and Comprehensive Plan Future Land Use Map Amendment, Located at 2245 ½ Broadway

A request to zone 0.54 acres from County RSF-4 (Residential Single-Family - 4 du/ac) to a City B-1 (Neighborhood Business) zone district along with a Comprehensive Plan Amendment to change the Future Land Use Map designation from “Residential Low” (0.5 - 2 du/ac) to “Neighborhood Center”. The proposed resolution to amend the Comprehensive Plan will be considered with the second reading of the zoning ordinance.

Proposed Ordinance Zoning the Marquis Annexation to B-1 (Neighborhood Business), Located at 2245 ½ Broadway

Action: Introduce a Proposed Ordinance and Set a Public Hearing for May 4, 2016

This backhoe is a needed resource to provide ongoing operation and maintenance of the City Municipal Cemeteries. This equipment is used for excavation of graves, disinterment’s, facility/road maintenance, irrigation repairs, and offloading of vaults and equipment delivered to both the Orchard Mesa and Crown Point Cemeteries.

Action: Authorize the City Purchasing Division to Purchase a Backhoe for $83,850 from Flaska JCB, Denver, CO

6. Prohibition of Parking along Main Street during Grand Junction Off-Road and Downtown Music Festival May 20-22, 2016

The Downtown Grand Junction Business Improvement District (DGJBID) is requesting the prohibition of parking along Main Street during the 2016 Grand Junction Off-Road and Downtown Music Festival May 20-22, 2016, and the authorization for towing vehicles violating the prohibition.

Action: Prohibit Parking along Main Street from 1^st to 7^th Streets during the Grand Junction Off-Road and Downtown Music Festival May 20-22, 2016 and Authorize the Towing of Vehicles Violating the Prohibition

The last formal appointment of Judge McInnis was August 2006 for a four year term.

John Shaver, City Attorney, presented this item. He explained the item and noted it was requested by City Council at a Council Workshop. He noted Judge McInnis is present if Council has any questions for her.

Councilmember Kennedy said they have had multiple meetings with Judge McInnis and it is his opinion that she has done an exceptional job and he will support the resolution.

Councilmember Boeschenstein agreed with Councilmember Kennedy and said he has observed Judge McInnis in action and noted that judges need to be very independent and non-political. Municipal Court is valuable for zoning cases and Judge McInnis is doing a great job. He is definitely in favor of the resolution.

Councilmember Chazen stated that the resolution puts the City in compliance with State law. He has also observed Judge McInnis in court and feels she does a very good job. He looks forward to her continuing the very good work that she does.

Councilmember Kennedy said he has also observed Judge McInnis and has been a defendant for a traffic ticket in her court to which she recused herself to follow proper court procedures.

Council President Norris stated that the State Statute provides for a two year appointment and other City appointed employees do not have set appointments. Evaluations do take place annually and she feels a two year term would be better. She has very high regard for Judge McInnis and feels she does a very good job, however, she will be voting no because she would prefer to see a two year term instead of a four year term.

Councilmember Kennedy said he respects the Mayor’s opinion but the difference for him advocating for a four year term is the court is a separate standalone pillar of the City government and having a four year term provides that position independence.

Council President Norris stated that she disagrees because she feels that the term has no effect on that.

Councilmember Boeschenstein said that the term for the Municipal Judge was debated in a workshop and the majority of Council felt that four years was the appropriate term. The Judge needs to be above the politics and the change in City Councils.

Councilmember McArthur said that Judge McInnis has a long tenure with the City and there haven't been any questions with her performance or the operations of Municipal Court. Even though he missed the workshop, he read through the notes and he supports a four year term.

Councilmember Chazen stated that there was quite a bit of discussion regarding the term. Part of the problem was how would the term affect the removal of the Judge if need be. He feels that the removal and terms are separate issues and there is enough provisions in the Statute to support removal if necessary and he supports a four year term.

Councilmember Taggart said that there is a strong precedent from prior Councils that gave the Judge a four year term and he feels this Council should demonstrate that same type of faith.

Resolution No. 13-16 - A Resolution Appointing Care` McInnis as Municipal Court Judge

Councilmember Taggart moved to adopt Resolution No. 13-16. Councilmember Chazen seconded the motion. Motion carried by roll call vote with Council President Norris voting NO.

Public Hearing – Amend the Grand Junction Municipal Code to Allow for an additional Alternate on the Forestry Board and Adopt the Proposed Forestry Board Bylaws

The request is to amend the Grand Junction Municipal Code to be consistent with the proposed Forestry Board bylaws and then to adopt the bylaws by resolution.

Kamie Long, Forestry Board Chair, presented this item. She said that the proposed bylaws were presented at a workshop and she is happy to answer any questions that Council may have.

Councilmember Chazen stated that there was discussion regarding the wording for the replacement of board members and the proposal also increases the alternates from one to two. He feels that the original wording could have been construed as an automatic promotion of one of the alternates and he doesn’t feel that was the intent of the board. He wanted to make sure that the board reviewed the new wording and supports it.

Ms. Long said that the word “may” allows the board the flexibility as suggested by Councilmember Chazen.

Councilmember McArthur asked for clarification where that wording is. City Attorney
Shaver said it is on the second page of the ordinance and the amending document is the ordinance.

Councilmember Boeschenstein said he believes this is a good move and he would like to see alternates for more of the boards.

Council President Norris thanked Ms. Long and the board for the rewriting of the bylaws as it is not an easy task. The City is fortunate to have such a strong board.

Councilmember Taggart asked if an alternate can vote in the absence of a board member. City Attorney Shaver said yes, it is the typical role of the alternates.

Councilmember McArthur said the ordinance also said that an alternate can vote in the case of a recusal of a board member.

Ordinance No. 4694 – An Ordinance Amending Chapter 2.36, Forestry Board, of the Grand Junction Municipal Code by Amending Section 2.36.010 (a) Concerning Composition of the Board

Resolution No. 14-16 – A Resolution Adopting the Grand Junction Forestry Board Bylaws

Councilmember Chazen moved to adopt Ordinance No. 4694 on final passage and ordered final publication in pamphlet form and to adopt Resolution No. 14-16. Councilmember Boeschenstein seconded the motion. Motion carried by roll call vote.

Ms. Long thanked the Council and also acknowledged City Clerk Stephanie Tuin for all of her help working with the Forestry Board to put all of this together.

Mr. Coleman also thanked Council for helping them through the process and providing the feedback for the Board.

Federal Lands Access Program (FLAP) Funding Application for the Monument Road Trail

In 2007, the City of Grand Junction and Great Outdoors Colorado (GOCO) extended a trail from the existing Riverfront Trail just west of the Broadway Colorado River Bridge along No Thoroughfare Wash to just north of D Road. This federal FLAP request for $4.79 million would extend a ten-foot concrete bike path south along Monument Road connecting to the South Camp Road Trail, providing a non-motorized alternative access from the Riverfront Trail past one of the region’s most popular trailheads for access to a vast network of Bureau of Land Management (BLM) trails as well as expand and pave the trailhead parking lot, add trailhead amenities, and provide for bypass lanes at the east entrance to the Colorado National Monument (CNM).

Trent Prall, Engineering Manager, presented this item. He described the grant program and how the City is eligible. There is no minimum request and there is a 17.21% match. Mr. Prall detailed the location and the project. Part of the application process included touring the project with the grant administrators who encouraged the City to widen the scope of the project. The trailhead is well utilized so enlargement and paving of the parking lot was suggested. Another element added is improvement to the Colorado Monument entrance. Mr. Prall felt the application had a good chance of being awarded as it met a lot of criteria for the funding including access, mobility, preservation, safety, environmental quality, funding, and coordination. He noted that there are representatives from the Mesa Land Trust in attendance. He related the project to the Comprehensive Plan and the Economic Development Plan. Final Applications are due May 21, 2016 and the City will likely hear back on the application in the fall. Mesa County will be hearing this item and considering participation. He listed other partners and supporters.

Mr. Prall reviewed the proposed funding and the City match. The proposal includes Phase II which would extend the trail to South Camp Road. Mr. Prall reviewed the financial breakdown and budget and said if the grant is awarded, the project would happen in 2019.

Councilmember McArthur asked if the letters of support included offering funds. Mr. Prall said that they are just letters of support at this point, no financial commitment yet. Mesa Land Trust would take the lead for finding additional funding. Councimember McArthur said he observes that there is a lot of ongoing construction in that area and asked if construction such as that would be part of the grant. Mr. Prall said that the construction estimates do anticipate a thicker trail section because of the type of soils along Monument Road. Other items included that drive the cost up are six crossings for the No Thoroughfare Wash which would be able to weather flood waters. Councilmember McArthur asked if there are any Federal lands involved and will there be any Federal control. Mr. Prall said that the monument entrance is Federal land and the parking lots all access BLM land. Once it is complete, the City will maintain the project. The Federal Government would oversee the design of the project. Councilmember McArthur said that it his understand that the Fixing America’s Surface Transportation (FAST) money goes to the State to administer and asked where the application goes for this request. Mr. Prall said the application goes directly to the Federal Highway Administration and they oversee the funds and the design. Mr. Prall said that Colorado Department of Transportation (CDOT) is also competing for these funds.

Councilmember Boeschenstein thanked Mr. Prall and all of the partners. He believes this project is on the Urban Trails Master Plan, the Redlands Area Plan, and the Comprehensive Plan. In 2007, Monument Road was widened with bike lanes on both sides but this is an off road bike trail. He asked why the bike lanes on Monument Road are not sufficient. Mr. Prall said the lanes on Monument Road are only three feet and industry standard is four feet. The lanes are not comfortable for all users because of the high speeds of cars on Monument Road. Councilmember Boeschenstein asked if the local match is not needed until 2018. Mr. Prall said that is what he is proposing. Councilmember Boeschenstein said that this Council can't commit future Councils to any dollar amount, they can only commit for the current budget, but this Council can say that conceptually, they are in favor of the project. City Attorney Shaver said that if this Council authorizes the application, and if it is awarded, there is an expectation that the obligation would be fulfilled.

Councilmember Chazen noted the project increased by a million and one half dollars in one week and asked what happened that it increased that much. Mr. Prall said that they added Phase II (extending to South Camp) for Council’s consideration. Councilmember Chazen asked who is responsible for the road. Mr. Prall said both the City and the County share responsibility for that road. Councilmember Chazen asked if the City has obtained all of the right-of-way (ROW) necessary for the project. Mr. Prall said that they are in discussions with the property owners of ROW’s for Phase I and will be getting Memorandums of Understanding (MOA) in place prior to submitting the application. There is one property owner who they have been working with for Phase II. Councilmember Chazen asked if applying for the grant would commit the City. Mr. Prall said that once the grant is awarded, the City would have nine months to sign an Intergovernmental Agreement (IGA). Councilmember Chazen asked if there would be any encumbrance on the ROW’s obtained because of the grant moneys being federal monies. City Attorney Shaver said that they have not seen a contract but future encumbrance of right of use of ROW would not be anticipated. Councilmember Chazen asked if permission would need to be obtained from the federal government to widen the road or move the bike path in the future because federal dollars were used for the project. City Attorney Shaver said that, because the bike path would be detached from the roadway, it would be unlikely that the roadway would be widened in that area. In terms of the area of the parking lot, there is not usually a commitment for the project to never be changed. Councilmember Chazen asked if there have been any estimates of costs to maintain the trail and where the funding would come from. Mr. Prall said there have not been any estimates made for the maintaining of the trail and bathroom facility but it would be absorbed into the Parks Department and the Streets operating budgets. They could put estimates together for the maintenance of the parking lot prior to submitting the application if Council wants. Councilmember Chazen said that he is concerned with committing City funding because this was the third application recently brought forward and he would like to know what the incremental maintenance costs would be. Councilmember Chazen asked if any of the partners have stepped forward and offered to commit funding for this project. Mr. Prall said that no one has stepped forward as of yet, but Mesa County Commissioners will hear this request on May 9^th and it is hoped that they will participate in the project.

Councilmember Kennedy asked what the total mileage would be for the Redlands Trail. Mr. Prall said the whole Redlands Loop would be about 9.9 miles. Councilmember Kennedy said that this project fits everything that North Star Study said the City should be doing. The project would be a great addition to the Riverside Trail and would set the City up in the future for a tremendous message as to what the City is doing about trails and building a recreational tool kit. He feels that the Lunch Loop is the most used piece of park in the City. He believes that the application for this grant needs to happen; he will support the request, and urged the rest of Council to support the request.

Councilmember Chazen said that sometimes asking the hard questions are uncomfortable but for the long term asset, these questions need to be answered to keep the City from getting in trouble in the future when it comes to maintaining these projects. He is in favor of the project but Council needs to look at the details of these projects first and get answers.

Councilmember Taggart said that he probably should recuse himself as a cyclist that lives near the Lunch Loop. With it being National Parks Week, he waited for ten minutes to get onto the Monument to ride. The Lunch Loop is a favorite trail to run. The highway cannot be widened to the east as the wash is very close to the road. He agreed with Councilmember Chazen that the operating costs for this project should be determined and that should be a standard for these types of projects. He thinks this project would have a Great Outdoors Colorado (GOCO) matching grant profile under the Inspire Initiative. The inland trail would offer other uses (rollerblading, kids using, etc.) and would bring a whole new group of people. He would like to see the operating costs and find a way to minimize the City's match by involving the community to help with the match. He hopes that the County would be willing to do the section around the Monument because the residents of Glade Park really need it.

Council President Norris asked if other grants could be used for the match of the requested grant. Mr. Prall answered affirmatively and said GOCO, Energy/Mineral Impact Assistance Fund (EIAF), and other private fundraisers could help with the matching dollars. Council President Norris asked if this request is for both Phase I and Phase II. Mr. Prall said that the resolution would be worded like the prior grant requests to include the words “up to” a $5.8 million project with “up to” a $996,000 match. Council President Norris asked if there are turning lanes into the parking lots. Mr. Prall said there are turning lanes. Council President Norris said that a trail like this could address different people for lots of uses and she hopes that there would be Parks Funds available in 2018 and 2019. She feels Council needs to move forward on this project.

Councilmember McArthur said it is a popular corridor and it is Council’s duty to evaluate and look at things to be done and move forward on these opportunities to improve what's there.

Councilmember Boeschenstein said that Conservation Trust Fund (CTF) could be used as well as the possibility of Mesa County contributing. He is in favor of the request.

Councilmember Taggart said some of the comments he hears from citizens is to finish some of the things that have been started and this projects fits that comment.

Council President Norris said that projects such as this makes Grand Junction a nice place to live. It’s not going to bring jobs into the community but it brings people in and promotes good infrastructure.

Resolution No. 15-16 – A Resolution Authorizing the Interim City Manager to Apply for Federal Lands Access Program (FLAP) Funding for Construction Work on the Monument Road Trail Improvement Project

Councilmember Boeschenstein moved to adopt Resolution No. 15-16. Councilmember McArthur seconded the motion. Motion carried by roll call vote.

Councilmember Taggart asked that estimated operating costs be brought to a workshop. Mr. Prall said they will and they will also find out if there are federal restrictions with ROW.

Rob Bleiberg, Executive Director of Mesa Land Trust and resides at 1248 Ouray Avenue, thanked the City for their support and relationship with Mesa Land Trust. Mesa Land Trust is committed to partnering with the City to raise dollars to make this happen. They raised $1.6 million to buy Three Sisters properties and raised $800,000 for the Bookend properties. He said that GOCO does have sources that may be appropriate and he is confident that they will be able to find private donors.

This is a request to annex 3.954 acres, located at 2757 Highway 50. The PIA Annexation consists of 1 parcel.

The property owner has requested annexation into the City and a zoning of C-2 (General Commercial) in order establish their towing company on the property. Under the 1998 Persigo Agreement with Mesa County all proposed development within the Persigo Wastewater Treatment Facility (201) boundary requires annexation to and processing by the City.

Goal 1: To implement the Comprehensive Plan in a consistent manner between the City, Mesa County, and other service providers.

Annexation of the property will create consistent land use jurisdiction and allow for efficient provision of municipal services.

Goal 3: The Comprehensive Plan will create ordered and balanced growth and spread future growth throughout the community.

Annexation of the property will create an opportunity for future development in a manner consistent with adjacent commercial development.

Goal: Be proactive and business friendly. Streamline processes and reduce time and costs to the business community while respecting and working within the protections that have been put into place through the Comprehensive Plan.

Annexation of the property provides the developer with consistent development standards as other non-residential proposals under development in the City and is consistent with the Future Land Use Designation of Commercial identified in the Comprehensive Plan.

The Planning Commission will consider the Zone of Annexation on May 10, 2016. Their recommendation will be forwarded to the City Council for 1^st Reading of the Zoning Ordinance on June 1, 2016.

The provision of municipal services will be consistent with adjacent properties already in the City. Property tax levies and municipal sales/use tax will be collected, as applicable, upon annexation.

The proposed annexation is consistent with the 1998 Persigo Agreement and Colorado law. The City Council has jurisdiction and may lawfully entertain the petition for annexation.

A neighborhood meeting was held February 15, 2016. A copy of the meeting minutes is attached.

This annexation area consists of 3.954 acres of land and is comprised of 1 parcel. The property owners have requested annexation into the City to allow for development of the property. Under the 1998 Persigo Agreement all proposed development within the Persigo Wastewater Treatment boundary requires annexation and processing in the City.

It is staff’s opinion, based on review of the petition and knowledge of applicable state law, including the Municipal Annexation Act Pursuant to C.R.S. 31-12-104, that the PIA Annexation is eligible to be annexed because of compliance with the following:

a) A proper petition has been signed by more than 50% of the owners and more than 50% of the property described;

b) Not less than one-sixth of the perimeter of the area to be annexed is contiguous with the existing City limits;

c) A community of interest exists between the area to be annexed and the City. This is so in part because the Central Grand Valley is essentially a single demographic and economic unit and occupants of the area can be expected to, and regularly do, use City streets, parks and other urban facilities;

f) No land held in identical ownership is being divided by the proposed annexation;

g) No land held in identical ownership comprising 20 contiguous acres or more with an assessed valuation of $200,000 or more for tax purposes is included without the owner’s consent.

NOTICE IS HEREBY GIVEN that at a regular meeting of the City Council of the City of Grand Junction, Colorado, held on the 4^th of May, 2016, the following Resolution was adopted:

WHEREAS, on the 4^th day of May, 2016, a petition was referred to the City Council of the City of Grand Junction, Colorado, for annexation to said City of the following property situate in Mesa County, Colorado, and described as follows:

A certain parcel of land lying in the Northeast Quarter of the Southwest Quarter (NE 1/4 SW 1/4) and the Northwest Quarter of the Southeast Quarter (NW 1/4 SE 1/4) of Section 25, Township 1 South, Range 1 West of the Ute Principal Meridian, County of Mesa, State of Colorado and being more particularly described as follows:

BEGINNING at the Southwest corner of the NW 1/4 SE 1/4 of said Section 25 and assuming the West line of the NW 1/4 SE 1/4 of said Section 25 bears N 00°01’48” W with all other bearings contained herein being relative thereto; thence from said Point of Beginning, N 00°01’48” W, along the West line of the NW 1/4 SE 1/4 of said Section 25, a distance of 21.35 feet to a point on the Southerly limits of the Wheeling Corrugated Annexation, Ordinance No. 3145, as same is recorded in Book 2597, Page 905, Public Records of Mesa County, Colorado; thence along the boundary of said Wheeling Corrugated Annexation, the following nine (9) courses:

9. thence S 69°23’00” E, a distance of 294.90 feet, more or less, to a point on the Westerly boundary of the Mendez Annexation, Ordinance No. 3212, as same is recorded in Book 2663, Page 176, Public Records of Mesa County, Colorado;

3. thence S 45°33’15” E, a distance of 17.44 feet to a point on the South line of the NW 1/4 SE 1/4 of said Section 25;

Thence N 89°59’22” W, along said South line, a distance of 228.16 feet, more or less, to the Point of Beginning.

WHEREAS, the Council has found and determined that the petition complies substantially with the provisions of the Municipal Annexation Act and a hearing should be held to determine whether or not the lands should be annexed to the City by Ordinance;

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

1. That a hearing will be held on the 15th day of June, 2016, in the City Hall auditorium, located at 250 North 5^th Street, City of Grand Junction, Colorado, at 7:00 PM to determine whether one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City; whether a community of interest exists between the territory and the city; whether the territory proposed to be annexed is urban or will be urbanized in the near future; whether the territory is integrated or is capable of being integrated with said City; whether any land in single ownership has been divided by the proposed annexation without the consent of the landowner; whether any land held in identical ownership comprising more than twenty acres which, together with the buildings and improvements thereon, has an assessed valuation in excess of two hundred thousand dollars is included without the landowner’s consent; whether any of the land is now subject to other annexation proceedings; and whether an election is required under the Municipal Annexation Act of 1965.

2. Pursuant to the State’s Annexation Act, the City Council determines that the City may now, and hereby does, exercise jurisdiction over land use issues in the said territory. Requests for building permits, subdivision approvals and zoning approvals shall, as of this date, be submitted to the Public Works and Planning Department of the City.

NOTICE IS FURTHER GIVEN that a hearing will be held in accordance with the Resolution on the date and at the time and place set forth in the Resolution.

DATES PUBLISHED

May 6, 2016

May 13, 2016

May 20, 2016

May 27, 2016

WHEREAS, on the 4^th day of May, 2016, the City Council of the City of Grand Junction considered a petition for the annexation of the following described territory to the City of Grand Junction; and

WHEREAS, a hearing on the petition was duly held after proper notice on the 1st day of June, 2016; and

WHEREAS, the City Council determined that said territory was eligible for annexation and that no election was necessary to determine whether such territory should be annexed;

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

18. thence S 69°23’00” E, a distance of 294.90 feet, more or less, to a point on the Westerly boundary of the Mendez Annexation, Ordinance No. 3212, as same is recorded in Book 2663, Page 176, Public Records of Mesa County, Colorado;

6. thence S 45°33’15” E, a distance of 17.44 feet to a point on the South line of the NW 1/4 SE 1/4 of said Section 25;

Thence N 89°59’22” W, along said South line, a distance of 228.16 feet, more or less, to the Point of Beginning.

INTRODUCED on first reading on the day of , 2016 and ordered published in pamphlet form.

ADOPTED on second reading the day of , 2016 and ordered published in pamphlet form.

The applicants are requesting to rezone the property from R-8 (Residential 8 du/ac) to R-O (Residential – Office).

The building was built in 1947 and has been used as a church since construction. The current church has outgrown the property and is planning on relocating. Because it would be difficult to find another church to purchase the property or convert the property to residential, the Applicant would like to rezone the property in order to expand the potential uses for the property and potential buyers.

The applicant is requesting that the property be rezoned to R-O (Residential – Office). The purpose of the R-O zone is to provide low intensity, nonretail, neighborhood service and office uses that are compatible with adjacent residential neighborhoods. Development regulations and performance standards are intended to make buildings compatible and complementary in scale and appearance to a residential environment.

The applicant had a potential buyer who wished to open a Funeral Home/Mortuary /Crematorium on the property. This is one potential use that could operate within the R-O zone district. There are many other uses that are allowed including but not limited to: general offices, museums, medical and dental clinics, counseling centers, health clubs, beauty salons/barbershops, etc. It should be noted that any change of use (a use other than a church) would require approval of a change of use permit. Several things are reviewed as part of the change of use permit including the number of parking spaces required for the proposed use. Parking could limit the types of uses allowed on the property and may require the removal of parking along Unaweep Avenue and Pinon Street.

A Neighborhood Meeting was held on February 2, 2016 with eight citizens along with the applicant and City Project Manager in attendance. The attendees raised several issues most were concerned with the use of the property as a funeral home. However other issues were raised including parking and vehicles turning in neighboring driveways.

The proposed rezone creates an opportunity for future neighborhood business development in a manner that would be consistent with adjacent residential development implementing the following goals and polices from the Comprehensive Plan.

Goal 3: The Comprehensive Plan will create ordered and balanced growth and spread future growth throughout the community.

Policy B: Create opportunities to reduce the amount of trips generated for shopping and commuting and decrease vehicle miles traveled thus increasing air quality.

Goal 6: Land use decisions will encourage preservation and appropriate reuse.

Policy: A. In making land use decisions, the City and County will balance the needs of the community.

Goal 12: Being a regional provider of goods and services the City and County will sustain, develop and enhance a healthy, diverse economy.

Policy B: The City and County will provide appropriate commercial and industrial development opportunities.

Rezoning this property to an R-O (Residential – Office) zone district will allow for additional opportunities for the reuse of the existing building while minimizing the potential impacts to the surrounding neighborhood. Furthermore, the rezone will create opportunities to reduce the amount of trips generated for commuting and provide commercial development opportunities.

The purpose of the adopted Economic Development Plan by City Council is to present a clear plan of action for improving business conditions and attracting and retaining employees. The proposed ODP Amendment meets with the goal and intent of the Economic Development Plan by providing opportunities for existing and new business to expand and relocate their businesses.

The Planning Commission recommended approval of the requested rezone at its April 12, 2016 meeting. The City Project Manager is also recommending approval of the proposed rezone.

Property tax levies and any municipal sales/use tax will be collected, as applicable.

There have not been subsequent events in the neighborhood that have invalidated the original premise and findings of the existing R-8 (Residential 8 du/ac) zone.

(2) The character and/or condition of the area has changed such that the amendment is consistent with the Plan;

The neighborhood has historically been and still is largely residential in character. The use of the property has not changed either since it was originally constructed as a church.

(3) Public and community facilities are adequate to serve the type and scope of land use proposed;

Adequate public and community facilities and services are available to the property and are sufficient to serve the proposed land use associated within the R-O zone district. There is an existing 10-inch City water line and 12-inch sanitary sewer line serving the property. The property is also being served by Xcel Energy electric and natural gas. The property is located on Unaweep Avenue, which connects with Highway 50 on the west and 29 Road on the east providing easy access to the rest of Grand Junction. There are GVT bus stops located within walking distance of the property.

(4) An inadequate supply of suitably designated land is available in the community as defined by the presiding body, to accommodate the proposed land use;

There is very little R-O zoned properties within the City limits (approximately 97 +/- total acres which equates to less than 1%), therefore, it could be argued that there is an inadequate supply of R-O zoned land within the community.

(5) The community or area, as defined by the presiding body, will derive benefits from the proposed amendment.

The neighborhood will derive benefits by the change in zoning as it will reduce the parking demands on the neighborhood. The church that currently occupies the building has a regular attendance at least twice a week of approximately 250 parishioners. The site cannot accommodate the parking needed for that level of use and is grandfathered on the site. A new use, as allowed by the R-O (Residential – Office) zone district will be required to meet the parking requirements of the use and what the site has available. Furthermore, the proposed R-O zone district limits the hours of operation from 7:30 AM to 8:00 PM, prohibits, parking in the front yard and prohibits outdoor storage and permanent display.

After reviewing the Landmark Baptist Rezone, RZN-2016-52, a request to rezone the property from R-8 (Residential 8 du/ac) to R-O (Residential – Office), the following findings of fact and conclusions have been determined:

1. The requested zone is consistent with the goals and policies of the Comprehensive Plan.

2. The review criteria 3, 4 and 5 in Section 21.02.140 of the Grand Junction Municipal Code have been met.

The building on the property at 2711 Unaweep Avenue was built in 1947 and has been used as a church since construction. The current church has outgrown the property and is planning on relocating and would like to rezone the property in order to expand the potential uses for the property.

After public notice and public hearing as required by the Grand Junction Zoning and Development Code, the Grand Junction Planning Commission recommended approval of rezoning the Landmark Baptist Church property from R-8 (Residential 8 du/ac) to R-O (Residential – Office) zone district for the following reasons:

1) The zone district meets the recommended land use category as shown on the future land use map of the Comprehensive Plan, Residential Medium 4-8 du/ac and

2) the zone district is generally compatible with the Comprehensive Plan’s goals and policies and/or appropriate land uses located in the surrounding.

After the public notice and public hearing before the Grand Junction City Council, City Council finds that the R-O (Residential – Office) zone district to be established.

The Planning Commission and City Council find that the R-O (Residential – Office) zoning is in conformance with the stated criteria of Section 21.02.140 of the Grand Junction Municipal Code.

BEG 440FT E OF NW COR SEC 25 1S 1W E 185FT S 228FT W 185FT N 228FT TO BEG EXC 30FT FOR RD ON N & 30FT ON W & ALSO EXC B-2326 P-139/141 ON NW COR SD PARCEL FOR ROW - 0.70AC

Introduced on first reading this day of , 2016 and ordered published in pamphlet form.

Adopted on second reading this ______ day of ______, 2016 and ordered published in pamphlet form.

A formal solicitation was advertised on Rocky Mountain E-Purchasing System and in the Daily Sentinel and sent to a source list of manufacturers and dealers capable of providing the requested equipment. Five companies submitted eight formal bids,

Goal 12: Being a regional provider of goods and services the City and County will sustain, develop and enhance a healthy, diverse economy.

Public infrastructure is the foundation for economic development. Access to roads, water, sewer, communication technologies, and electricity are all essential to the economy. Investment in both the infrastructure, equipment, and the operation and maintenance of these structures can expand the productive capacity of on economy.

Policy 1.4 Providing Infrastructure that Enables and Supports Private Investment

This purchase relates to the Economic Development Plan by continuing to provide our customers with safe and reliable Waste water services at a reasonable cost.

This equipment replacement was approved by the equipment committee and Fleet Services.

Budgeted funds for the purchase of this Service Truck have been accrued in the Fleet Replacement Internal Service Fund.

Although the Persigo sewer treatment plant produces bio gas used for fueling City Equipment, Fleet services did not option this unit to be fueled from Compressed Natural gas due to the design required for this truck to be utilized to its fullest potential. The required space needed to install the CNG fuel tanks would have required elimination of either the crane unit necessary for lift pump maintenance, or the truck bed space required for transporting the parts and supplies needed for such maintenance.

The additional 4 wheel drive upgrade has been added for the safety and the work required of the operator and service truck. During the winter and at times of inclement weather, several of the Lift Stations become almost inaccessible without this feature. These Lift Stations operate nonstop 7 days a week, 365 days a year and must be accessible at all times.

The legalization of retail sale of marijuana in the State of Colorado has changed the way law enforcement deals with marijuana related activity. The environment has changed and we are seeing an increase in sophisticated illegal marijuana grow operations, in addition to purported medical dispensaries. The new laws have made it extremely complicated to build a prosecutable case with vague laws and changing case law.

Because of these various issues, resources on the Western Colorado Joint Drug Task Force are being stretched. Adding two Detectives will allow for the needed additional time to build prosecutable marijuana cases. In addition, these Detectives will become the training resource for all law enforcement in Mesa County and potentially the Western Slope. Training of front line officers on the interpretation of the Colorado statutes will be invaluable and provide efficiencies for all agencies.

One of the two detectives would be hired, employed, and assigned by the Grand Junction Police Department, and the other by the Mesa County Sheriff’s Office. If at the end of the three year period the agencies are unable to maintain funding of the positions, both would be eliminated through normal attrition.

Funds are being requested for a three year period in order to create a sustainable program.

Goal 11: Public safety facilities and services for our citizens will be a priority in planning for growth.

These grant funds will be used to increase staffing on the Western Colorado Joint Drug Task Force and focus resources on the ever changing impact of marijuana in the community and the Western Slope.

Under the Public Safety guiding principles to continue to address crime and community safety concerns in a rapid and effective manner. These funds will expand and enhance the Drug Task Force.

There is no match required for this grant application; however, the City and the County will be providing basic equipment for these Detectives, such as radios, guns, phones, etc. of which the costs (approximately $6400/yr. per agency) can be absorbed into the current budgets of both organizations.

If the grant is awarded the City Attorney will review and approve the funding documents.

The property, located at 2887 North Avenue, consists of a 0.31-acre lot and a 2,226 square foot metal building that was constructed in 1963. This property was owned by the Fruitvale Sanitation District from 1963 until the District dissolved in January 2009. Upon dissolution of the District, the Persigo Wastewater System assumed all district assets, including this property. The building is located at the corner of North and Melody Lane.

Although not the ideal location or building layout, from January 2009 until recently, this property was utilized as a satellite sewer systems office for maintenance crews of the Persigo Wastewater System. With the construction of the new Fire Station 4 however, the Persigo fund was able to purchase the old Fire Station 4 property which is a much more suitable building and location for their operations.

A comparable market analysis of buildings near the property was completed using recent sales data from the Mesa County assessor’s site, and the Grand Junction Area Relator’s Association. Based on the average price per square foot on the comparable recent sales in the area, the real estate agent suggested a list price between $133,560 and $166,950. An offer to purchase the property has been made by Burner Construction LLC for a price of $150,000 which falls in between comparable price range.

Disposal of the North Avenue building was discussed in conjunction with the purchase of the Fire Station 4 building by the Persigo Board.

Disposal of the North Avenue building was discussed in conjunction with the purchase of the Fire Station 4 building during adoption of the 2016 Persigo Joint Sewer System Budget.

A RESOLUTION AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY LOCATED AT 2887 NORTH AVENUE AND RATIFYING ACTIONS HERETOFORE TAKEN IN CONNECTION THEREWITH

The City of Grand Junction and Mesa County own the property located at 2887 North Avenue (“Property” or “the Property”) as an asset of the Persigo sewer system. The Property was formerly the office of the Fruitvale Sanitation District and was conveyed to Persigo by and as a result of the dissolution of the Fruitvale Sanitation District.

The Property has been offered for sale and recently Burner Construction LLC offered to purchase the Property as more particularly described in the attached contract.

Because the Property is an asset of the Persigo system both the City and the County must approve the sale. The City Council has reviewed the proposed sale and a majority of the members of the Council recommend the sale on the terms established and do hereby ratify the sale and sales agreement.

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

1. That the City Council hereby authorizes the sale of the Property by the City to Burner Construction LLC for $150,000.00.

2. All actions heretofore taken by the officers, employees and agents of the City relating to the purchase of the Property which are consistent with the provisions of the attached Contract to Buy and Sell Real Estate and this Resolution are hereby ratified, approved and confirmed.

3. That the officers, employees and agents of the City are hereby authorized and directed to take all actions necessary or appropriate to effectuate the provisions of this Resolution and the attached Contract to buy and Sell Real Estate, including but not limited to the delivery of the deed.

The property owner has requested annexation into the City limits and a zoning of B-1 (Neighborhood Business) to facilitate the development of a future building expansion and additional off-street parking for Tiara Rado Animal Hospital which is located on the adjacent property to the east. Under the 1998 Persigo Agreement with Mesa County, proposed development within the Persigo Wastewater Treatment Facility boundary (201 service area) must be annexed into the City prior to development. Also, a commercial zone is required in order to allow the animal hospital to expand onto this site.

The applicant is requesting that this site be zoned B-1(Neighborhood Business). The B-1 zone limits the hours of operation from 5 AM to 11 PM, prohibits outdoor storage and permanent display and allows land use(s) that would be considered compatible with the adjacent residentially zoned properties. As for the applicant’s requested land use, “Animal Care/Boarding Indoor” is an “Allowed” land use within the requested B-1 zone district.

The current Future Land Use designation is Residential Low (0.5 – 2 du/ac), however the adjacent Future Land Use designation is Neighborhood Center. Therefore a Comprehensive Plan Amendment to change the Future Land Use Map designation from “Residential Low (0.5 – 2 du/ac)” to “Neighborhood Center” is also required.

The requested zoning is currently not supported by the underlying Comprehensive Plan Future Land Used designation. However, Section 21.02.130 (d) (v) of the Zoning and Development Code allows the processing of a rezone application or request without a plan amendment when the proposed zoning is inconsistent with the Comprehensive Plan and the property is adjacent to the land use designation that would support the requested zone district. Therefore, this a combined request to amend the current Comprehensive Plan designation to an adjacent designation (Neighborhood Center) and zone the property to B-1 as part of the annexation request.

A Neighborhood Meeting was held on January 11, 2016 with two citizens along with the applicant and City Project Manager in attendance. One phone call from an adjacent neighbor was also received by the applicant. No objections to the proposed annexation, zoning and Comprehensive Plan Future Land Use Map amendment, nor proposed future development were received.

The proposed annexation creates an opportunity for future neighborhood business development in a manner consistent with adjacent development and provides appropriate commercial development opportunities which implements the following goals and polices from the Comprehensive Plan.

Goal 1: To implement the Comprehensive Plan in a consistent manner between the City, Mesa County, and other service providers.

Goal 3: The Comprehensive Plan will create ordered and balanced growth and spread future growth throughout the community.

Policy A: To create large and small “centers” throughout the community that provide services and commercial areas.

Policy B: Create opportunities to reduce the amount of trips generated for shopping and commuting and decrease vehicle miles traveled thus increasing air quality.

Goal 12: Being a regional provider of goods and services the City and County will sustain, develop and enhance a healthy, diverse economy.

Policy B: The City and County will provide appropriate commercial and industrial development opportunities.

The purpose of the adopted Economic Development Plan by City Council is to present a clear plan of action for improving business conditions and attracting and retaining employees. The proposed annexation and zoning meets with the goal and intent of the Economic Development Plan by supporting and assisting an existing veterinary business within the community to stay at its current location and potentially expand their business offerings in the future with a new larger building to serve area residents, which furthers the goals of the Economic Development Plan.

The Planning Commission recommended approval of the applications at their April 12, 2016 meeting.

The provision of municipal services will be consistent with adjacent properties already in the City. Property tax levies and municipal sales/use tax will be collected, as applicable, upon annexation.

Referral of the Annexation Petition and Annexation Ordinance went before the City Council on March 16, 2016. First Reading of the Zoning Ordinance was on April 20, 2016.

BACKGROUND INFORMATION

Location:	2245 ½ Broadway
Applicant:	Marquis Properties LLC, Owner
Existing Land Use:	Single-family detached home
Proposed Land Use:	Additional parking lot and future building expansion of Tiara Rado Animal Hospital

Surrounding Land Use:	North	Broadway Elementary School
	South	Single-family detached
	East	Tiara Rado Animal Hospital
	West	Single-family detached

Existing Zoning:	County RSF-4 (Residential Single-Family – 4 du/ac)
Proposed Zoning:	B-1 (Neighborhood Business)

Surrounding Zoning:	North	County RSF-4 (Residential Single-Family – 4 du/ac)
	South	County RSF-4 (Residential Single-Family – 4 du/ac)
	East	City B-1 (Neighborhood Business) and County RSF-4 (Residential Single-Family – 4 du/ac)
	West	County RSF-4 (Residential Single-Family – 4 du/ac)

Future Land Use Designation:

Residential Low (0.5 – 2 du/ac)

Zoning within density/intensity range?

Yes

This annexation consists of one 0.54 acre parcel of land and no public right-of-way.

The property owner has requested annexation into the City and a zoning of B-1 (Neighborhood Business) to facilitate the development for additional off-street parking and future building expansion of the Tiara Rado Animal Hospital which is located on the adjacent property to the east. Under the 1998 Persigo Agreement with Mesa County, all proposed development within the Persigo Wastewater Treatment Facility boundary requires annexation to and processing by the City.

It is staff’s opinion, based on review of the petition and knowledge of applicable state law, including the Municipal Annexation Act Pursuant to C.R.S. 31-12-104, that the Marquis Annexation is eligible to be annexed because of compliance with the following:

a) A proper petition has been signed by more than 50% of the owners and more than 50% of the property described;

b) Not less than one-sixth of the perimeter of the area to be annexed is contiguous with the existing City limits;

f) No land held in identical ownership is being divided by the proposed annexation;

g) No land held in identical ownership comprising 20 contiguous acres or more with an assessed valuation of $200,000 or more for tax purposes is included without the owner’s consent.

Section 21.02.160 of the Grand Junction Zoning and Development Code states that the zoning of an annexation area shall be consistent with the adopted Comprehensive Plan and the criteria set forth. The Comprehensive Plan Future Land Use Map designates the property as Residential Low (0.5 – 2 du/ac), however as part of the zoning request, the applicant is requesting to change the Future Land Use Map designation to Neighborhood Center in order to accommodate the requested zoning district of B-1 (Neighborhood Business).

The City may zone and amend the Comprehensive Plan if the proposed changes are consistent with the vision (intent), goals and policies of the Comprehensive Plan and meets one or more of the following criteria:

(a) Subsequent events have invalidated the original premise and findings; and/or

The City of Grand Junction and Mesa County jointly adopted a Comprehensive Plan in February, 2010. The Plan replaced the pervious Growth Plan and established new land use designations to implement the vision of the Plan and guide how development should occur. In many cases the new land use designation encouraged higher density or more intense development in some urban areas of the City. A key objective of the Comprehensive Plan is to locate shopping and employment closer to where people live. This reduces traffic congestion, shortens commute time, improves air quality and cost of infrastructure. The Plan includes an emphasis on mixed-use centers (City Center, Village Centers and Neighborhood Centers) that encourage infill and redevelopment.

Prior to adoption of the Comprehensive Plan the area surrounding the subject site had a land use designations of residential, public/institutional and commercial. With the adoption of the Comprehensive Plan, the area west of the subject site was designated as Neighborhood Center. The land use designation was placed on this area due to the increase in commercial uses have occurred over the years. The land use designation to the north, west and east has been designated as residential. Generally, Neighborhood Centers are modest extensions of existing commercial districts that contain grocery stores, drug stores and other convenience-oriented retail/services that serve the immediate neighborhood as well as some drive-to clientele.

In addition to the adoption of the Comprehensive Plan, the Zoning and Development Code was also amended in 2010 to implement the vision and goals of the Comprehensive Plan. Amendments to the Zoning and Development code included language (Section 21.02.130 (d) (v)) that anticipated the need for zones and land use designations to be flexible by allowing requests for properties to be zoned the same as adjacent properties.

Therefore, this criterion has been met as the adoption of the Comprehensive Plan and amendments to the Zoning and Development Code were subsequent events that have invalidated the original premise of the current zoning and Future Land Use designation.

(2) The character and/or condition of the area has changed such that the amendment is consistent with the Plan; and/or

With the adoption of the Comprehensive Plan in 2010 and the designation of the area east of the subject site as Neighborhood Center, conditions of the area have changed such that the proposed rezone and the amendment to the Comprehensive Plan Future Land Use Map is consistent with the Comprehensive Plan.

(3) Public and community facilities are adequate to serve the type and scope of land use proposed; and/or

Adequate public and community facilities and services are available to the property and are sufficient to serve the land uses associated within the B-1 zone district and the Future Land Use designation of Neighborhood Center. Ute Water is presently stubbed to the property and is available in Broadway, City sanitary sewer is presently stubbed to the property and is available along the south property line. Property is also being served by Xcel Energy electric and natural gas. To the east is a neighborhood commercial center that includes an office complex, convenience store, car wash and gas islands. Further to the east is another car wash, bank and medical clinic. Broadway Elementary School is located across the street. Less than a mile from the property is Grand Junction Redlands Fire Station No. 5.

(4) An inadequate supply of suitably designated land is available in the community, as defined by the presiding body, to accommodate the proposed land use; and/or

The B-1 zone district is an allowed zone under the Neighborhood Center designation, its purpose is to provide small areas for office and professional services combined with limited retail uses, designed in scale with surrounding residential uses; a balance of residential and nonresidential uses. There is very little B-1 zoned properties within the City limits (133 +/- total acres which equates to less than 1%), therefore, there is an inadequate supply of B-1 zoned land within the community.

(5) The community or area, as defined by the presiding body, will derive benefits from the proposed amendment.

The community or area will derive benefits from the proposed Neighborhood Center designation and the B-1 zone as it would create an opportunity for the expansion of an existing veterinary clinic which serves the growing population within the Redlands and also the community. Furthermore, the proposed B-1 zone district limits the hours of operation from 5 AM to 11 PM, prohibits outdoor storage and permanent display and allows land use(s) that would be considered compatible with the adjacent residentially zoned properties to the west and south.

Alternatives: The following zone districts would also be consistent with the Future Land Use designation of Neighborhood Center for the subject property:

In reviewing the other zoning district options, the residential zone districts of R-8 and the mixed use zone district of R-O do not allow commercial retail land uses. The C-1 zone district could be an option but allows land uses which may not be compatible with the adjacent residential properties to the west and south. Also the C-1 zone has no restrictions on hours of operation allowing a use to be open 24-hours a day. The Form Based Zone Districts are generally intended for new development with the desire to create pedestrian-friendly urban areas where higher density mixed uses and mixed building types promote less dependence on the automobile. It is staff’s opinion that the B-1 (Neighborhood Business) zone district would be the most suitable zone for this location as it limits the hours of operation from 5 AM to 11 PM and prohibits outdoor storage and permanent display. The B-1 zone is also the adjacent zoning to the east.

After reviewing the Marquis Zone of Annexation, ANX-2016-37 and CPA-2016-38, request for a Comprehensive Plan Future Land Use Map designation change from Residential Low (0.5 – 2 du/ac) to Neighborhood Center and Zone of Annexation from County RSF-4 (Residential Single-Family – 4 du/ac) to a City B-1 (Neighborhood Business) zone district for 0.54 acres, the following findings of fact and conclusions have been determined:

1. The requested Comprehensive Plan Future Land Use Map Amendment and Zone of Annexation is consistent with the goals and polices of the Comprehensive Plan, specifically, Goals 1, 3, and 12.

2. The review criteria, items 3 through 5 in Sections 21.02.130 and 140 of the Grand Junction Zoning and Development Code have been met or addressed.

WHEREAS, on the 16^th day of March, 2016, a petition was referred to the City Council of the City of Grand Junction, Colorado, for annexation to said City of the following property situate in Mesa County, Colorado, and described as follows:

A certain parcel of land lying in the Southeast Quarter of the Southwest Quarter (SE 1/4 SW 1/4) of Section 7, Township 1 South, Range 1 West of the Ute Principal Meridian, County of Mesa, State of Colorado and being more particularly described as follows:

COMMENCING at the Southwest corner of the Southwest Quarter (SW 1/4) of said Section 7 and assuming the East line of said SW 1/4 bears N 00°24’57” W with all other bearings contained herein being relative thereto; thence from said Point of Commencement, N 38°53’40” W, a distance of 853.52 feet to the POINT OF BEGINNING; thence from said Point of Beginning, N 58°25’48” W, a distance of 41.30 feet; thence N 22°28’12” E, a distance of 323.76 feet to a point on the Southerly right of way for Broadway (Highway 340), as same is recorded in Book 518, Page 337, Public Records of Mesa County, Colorado; thence S 59°03’51” E, along said Southerly right of way, a distance of 99.48 feet; thence S 27°27’12” W, a distance of 197.20 feet to a point on the North line of Lot 3, Iris Court Subdivision, as same is recorded in Plat Book 9, Page 77, Public Records of Mesa County, Colorado; thence S 88°59’12” W, a distance of 34.10 feet to a point being the Northwest corner of said Lot 3; thence S 27°27’12” W, a distance of 106.00 feet, more or less, to the Point of Beginning.

WHEREAS, a hearing on the petition was duly held after proper notice on the 4^th day of May, 2016; and

WHEREAS, the Council has found and determined and does hereby find and determine that said petition is in substantial compliance with statutory requirements therefore, that one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City; that a community of interest exists between the territory and the City; that the territory proposed to be annexed is urban or will be urbanized in the near future; that the said territory is integrated or is capable of being integrated with said City; that no land held in identical ownership has been divided without the consent of the landowner; that no land held in identical ownership comprising more than twenty acres which, together with the buildings and improvements thereon, has an assessed valuation in excess of two hundred thousand dollars is included without the landowner’s consent; and that no election is required under the Municipal Annexation Act of 1965.

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

The said territory is eligible for annexation to the City of Grand Junction, Colorado, and should be so annexed by Ordinance.

A RESOLUTION AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE MAP OF THE CITY OF GRAND JUNCTION FROM RESIDENTIAL LOW (0.5 – 2 DU/AC) TO NEIGHBORHOOD CENTER FOR THE MARQUIS ANNEXATION

A request for a Comprehensive Plan Future Land Use Map Amendment has been submitted in accordance with the Zoning and Development Code. The applicant has requested that approximately 0.54 +/- acres, located at 2245 1/2 Broadway be redesignated from Residential Low (0.5 – 2 du/ac) to Neighborhood Center on the Future Land Use Map.

In a public hearing, the City Council reviewed the request for the proposed Comprehensive Plan Future Land Use Map Amendment and determined that it satisfied the criteria as set forth and established in Section 21.02.130 of the Zoning and Development Code and the proposed amendment is consistent with the purpose and intent of the Comprehensive Plan.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION THAT THE AREA DESCRIBED BELOW IS REDESIGNATED FROM RESIDENTIAL LOW (0.5 – 2 DU/AC) TO NEIGHBORHOOD CENTER ON THE FUTURE LAND USE MAP.

WHEREAS, on the 16^th day of March, 2016, the City Council of the City of Grand Junction considered a petition for the annexation of the following described territory to the City of Grand Junction; and

WHEREAS, a hearing on the petition was duly held after proper notice on the 4^th day of May, 2016; and

WHEREAS, the City Council determined that said territory was eligible for annexation and that no election was necessary to determine whether such territory should be annexed;

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

INTRODUCED on first reading on the 16^th day of March, 2016 and ordered published in pamphlet form.

ADOPTED on second reading the day of , 2016 and ordered published in pamphlet form.

After public notice and public hearing as required by the Grand Junction Zoning and Development Code, the Grand Junction Planning Commission recommended approval of zoning the Marquis Annexation to the B-1 (Neighborhood Business) zone district, finding that it conforms with the designation of Neighborhood Center as shown on the Future Land Use Map of the Comprehensive Plan and the Comprehensive Plan’s goals and policies and is generally compatible with land uses located in the surrounding area.

After public notice and public hearing, the Grand Junction City Council finds that the B-1 (Neighborhood Business) zone district is in conformance with at least one of the stated criteria of Section 21.02.140 of the Grand Junction Zoning and Development Code.

Introduced on first reading this 20^th day of April, 2016 and ordered published in pamphlet form.

Adopted on second reading this ______ day of ______, 2016 and ordered published in pamphlet form.

Colorado Mesa University (CMU), requests the vacation of a portion of public alley right-of-way (4,425 +/- sq. ft. – 0.101 acres) in order to aid in the continued westward expansion efforts planned for the campus. Specifically, this vacation request facilitates the construction of a new engineering building on campus.

The nine properties abutting the section of alley right-of-way for which vacation is sought, are owned by CMU with the exception of one property (810 Kennedy Avenue) which is currently under contract with CMU. John and Janet Noland currently own 810 Kennedy Avenue. Because the property has not been purchased the current owners have signed the application for the requested vacation and submitted an Ownership Statement as required. As a condition of approval, CMU will need to meet all Grand Junction Fire Department requirements for construction of the engineering building and may be required to construct access around the site compliant with the 2012 International Fire Code. CMU will also be required to provide and record a private “Access Easement” across CMU property(s) for the benefit of the remaining property owners located at 830, 850, and 860 Kennedy Avenue. This condition is required as the remaining properties will have no “legal access” to the rear of their properties once the alley is vacated.

Presently, the alley between Elm and Kennedy Avenues does not contain any City public utilities (water, sewer, storm sewer, etc.) therefore, there is no need for the City to retain a Utility Easement as part of this vacation process. Any existing utilities located within the alley will be moved and relocated by Xcel Energy as part of the construction of the new engineering building and if necessary, appropriate easements to Xcel Energy will be dedicated at that time.

Based on the conditions recommended by the Fire Department and CMU’s intention to develop and construct emergency access, it is Staff’s assessment that the proposed vacation would not impede traffic, pedestrian movement or access to private property or obstruct emergency access.

The applicant held a Neighborhood Meeting on March 23, 2016. Over 30 area residents attended the meeting with the applicant providing a powerpoint presentation with an update on various activities going on across campus and information regarding the most recent iteration of the ongoing right-of-way vacation process. To date, the City has only received one email correspondence from the property owner at 860 Kennedy Avenue concerning this proposed vacation request (see attached correspondence).

The proposed right-of-way vacation supports the following goal and policy of the Comprehensive plan:

Goal 12: Being a regional provider of goods and services the City and County will sustain, develop and enhance a healthy, diverse economy.

Policy A: Through the Comprehensive Plan’s policies the City and County will improve as a regional center of commerce, culture and tourism.

In addition to the goal and policy above the Grand Junction Comprehensive Plan states: “Due to the inefficiencies of low density sprawl, a significant amount of projected future growth is focused inward on vacant and underutilized land throughout the community. This takes advantage of land that already has roads, utilities and public services. Infill and redevelopment is especially focused in the City Center (includes Downtown, North Avenue, Colorado Mesa University area, and the area around St. Mary’s Hospital). Reinvestment and revitalization of these areas, and maintaining and expanding a ‘strong downtown’, is a high priority of the Comprehensive Plan and essential for the area’s regional economy. (Guiding Principle 1: Centers - Downtown)”

Vacating this portion of alley right-of-way supports the University in their facilities and building expansion, enhances a healthy, diverse economy and improves the City as a regional center of commerce, culture and tourism.

The purpose of the adopted Economic Development Plan by City Council is to present a clear plan of action for improving business conditions and attracting and retaining employees. Though the proposed alley right-of-way vacation request specifically does not further the goals of the Economic Development Plan, it does allow the CMU campus to continue its westward expansion efforts in order to grow the campus for the benefit of students, community, higher educational opportunities and purports a vibrant and growing economy. Higher education is a key economic development component of Grand Junction’s status as a regional center.

The Planning Commission recommended conditional approval of the vacation application at their April 12, 2016 meeting.

Council directed Staff to evaluate on a case by case basis the value of selling ROW’s at the time of a vacation request. Based on previous information and the purchase price of ROW recently acquired by the City, Staff recommends a value of $1.00 per square foot. At $1.00 per square foot, the value of ROW requested through this vacation would be approximately $4,425.00.

The proposed request falls under Section 21.02.100 – Vacation of public right-of-way or easement. The purpose of this section is to permit the vacation of surplus rights-of-way and/or easements. This type of request is available for vacation of any street, alley, easement or other public reservation subject to the criteria contained with the section.

The following is staff’s review and comments relating to the criteria under Section 21.02.100:

The Grand Junction Fire Department does not object to the University’s overall desire to vacate certain public right-of-ways in an effort to implement the University’s master plan. The Fire Department has indicated that if fire apparatus roads are required around the proposed engineering, these roads shall be constructed in accordance with the 2012 International Fire Code and Appendices as well as any local City of Grand Junction ordinances (i.e. Ordinance No. 4500) that pertain specifically to the Grand Junction Fire Department and their operations. The decision to require fire apparatus roads will be determined when the Fire Department reviews the proposed engineering building plans.

The vacation of a portion of the existing alley right-of-way shall conform to the following:

(1) The Comprehensive Plan, Grand Valley Circulation Plan and other adopted plans and policies of the City,

Granting the request to vacate a portion of an existing alley right-of-way meets Goal 12 Policy A of the Comprehensive Plan by supporting the University in their facilities and building expansion projects, enhances a healthy, diverse economy and improves the City as a regional center of commerce, culture and tourism. The requested vacation also does not conflict with the Grand Valley Circulation Plan and other adopted plans and policies of the City.

No parcels shall be landlocked as a result of the proposed vacation as all properties have access to Kennedy and Elm Avenues.

(3) Access to any parcel shall not be restricted to the point where access is unreasonable, economically prohibitive, or reduces or devalues any property affected by the proposed vacation;

All properties abutting the proposed portion of the alley requested for vacation are under the control of CMU or CMU has a contract for purchase. However, the requested vacation will restrict existing access to the rear of the remaining properties located at 830, 850 and 860 Kennedy Avenue, since they will not have legal access to the remaining alley. Therefore, CMU will be required, as a condition of the vacation, to provide and record a private “Access Easement” across CMU property(s) for the benefit of the remaining property owners located at 830, 850 and 860 Kennedy Avenue. This recorded easement will ensure that the remaining residents will continue to be provided access to the rear of their properties from the remaining alley right-of-way.

(4) There shall be no adverse impacts on the health, safety, and/or welfare of the general community, and the quality of public facilities and services provided to any parcel of land shall not be reduced (e.g., police/fire protection and utility services);

There are no City utilities currently located within the alley however, Xcel utilities are located in the alley but will be moved prior to construction of the new engineering building. The Fire Department has not reviewed the plans for the new building but has indicated that the applicant may be required to construct access roads around the new building in accordance with the 2012 International Fire Code. The requested vacation does not adversely impact police/fire protection to the remaining properties.

Therefore the requested vacation has no adverse impacts on the health, safety, and/or welfare of the general community, and the quality of public facilities and services provided to any parcel of land shall not be reduced.

(5) The provision of adequate public facilities and services shall not be inhibited to any property as required in Chapter 21.06 of the Grand Junction Zoning and Development Code; and

No adverse comments concerning the proposed rights-of-way vacation were received from the utility review agencies during the staff review process, including Xcel. Water and sanitary sewer are not located within the alley, therefore there is no reason for the City to retain a utility easement. Any existing utilities located within the alley will need to be moved and relocated as part of the construction of the new engineering building and, if necessary, appropriate easements to Xcel Energy will be dedicated at that time.

(6) The proposal shall provide benefits to the City such as reduced maintenance requirements, improved traffic circulation, etc.

Maintenance requirements for the City will be reduced, though not significantly, as a result of the proposed alley right-of-way vacation. Water and sewer are not located within the portion of the alley to be vacated and the alley is concrete so there was little maintenance required by the City. The benefit to the City is the expansion of CMU and its mission to educate and by enhancing and preserving Grand Junction as a regional center. The proposed alley right-of-way vacation is needed by CMU as part of their continued campus expansion to the west.

After reviewing the Colorado Mesa University application, VAC-2016-100 to vacate a portion of public alley right-of-way, the following findings of fact, conclusions and conditions have been determined:

1. The requested alley right-of-way vacation is consistent with the goals and polices of the Comprehensive Plan, specifically, Goal 12.

2. The review criteria, items 1 through 6 in Section 21.02.100 of the Grand Junction Zoning and Development Code have been met or addressed.

3. With the vacation, the Applicant shall dedicate and record a private “Access Easement” across CMU property(s) for the benefit of the remaining property owners located at 830, 850 and 860 Kennedy Avenue.

4. With the vacation, the Applicant will need to meet all Grand Junction Fire Department requirements for construction of the engineering building.

5. The Applicant shall coordinate relocation of utilities upon construction of the new engineering building and dedicate applicable utility easements to Xcel Energy as necessary.

Thanks for the notice of application. My first impression is that the engineering building project will not present problems to Amy and me as the closure of the alley does not eliminate access to the front of our house at 860 Kennedy, nor does it eliminate access to the alley entrance to our garage at the back of the lot.

I suspect that traffic on Kennedy will be much more congested during the construction phase, and also more congested once the new building is ready for classes. Traffic on Kennedy is already congested on days when CMU is in session. indeed, it is often necessary to slow to a halt to let traffic pass safely, especially on the section of Kennedy near 7th street. Perhaps the city has traffic experts who could observe traffic flows and recommend changes in the parking rules? (Parking is allowed on both sides of Kennedy in the congested sections at the present time. I suspect the vast majority of the parked cars are student cars as Kennedy is quite free of parked cars on weekends.)

Meanwhile, I expect to learn more at the CMU public meeting with neighbors, scheduled for tomorrow (March 23) at 7pm.

AN ORDINANCE VACATING A PORTION OF ALLEY RIGHT-OF-WAY LOCATED BETWEEN ELM AND KENNEDY AVENUES

Colorado Mesa University has requested to vacate a portion of alley right-of-way located between Elm and Kennedy Avenue’s in order to enable the continued westward expansion efforts planned for the campus, specifically in the future to develop new residence halls, classroom buildings, parking lots and campus improvements.

The properties abutting the section of alley right-of-way for which vacation is sought are either owned by Colorado Mesa University or under contract with Colorado Mesa University. City staff does not expect that the proposed alley vacation would impede traffic, pedestrian movement or access to private property. As a condition of approval, CMU will need to meet all Grand Junction Fire Department requirements for construction of the engineering building and may be required to construct access around the site compliant with the 2012 International Fire Code. CMU will also be required to provide and record a private “Access Easement” across CMU property(s) for the benefit of the remaining property owners located at 830, 850 and 860 Kennedy Avenue. This condition is required as the remaining properties will have no “legal access” to the rear of their properties once the alley is vacated.

Presently, this alley between Elm and Kennedy Avenue’s does not contain any City public utilities (water, sewer, storm sewer, etc.) therefore, there is no need to retain a Utility Easement as part of the vacation process. Any existing electric utilities located within the alley will be moved and relocated by Xcel Energy as part of the construction of the new engineering building and appropriate easements to Xcel Energy will be dedicated at that time, if necessary.

The City Council finds that the request is consistent with the Comprehensive Plan, the Grand Valley Circulation Plan and Section 21.02.100 of the Grand Junction Zoning and Development Code. Applicant is also required to meet all Grand Junction Fire Department requirements.

The Planning Commission, having heard and considered the request, found the criteria of the Code to have been met, and recommends that the alley vacation be approved and the construction of a minimum of a 20’ wide north/south circulation drives and that the applicant meet all Grand Junction Fire Department requirements.

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

The following described dedicated rights-of-way is hereby vacated subject to the listed conditions:

1. Applicant shall pay all recording/documentary fees for the Vacation Ordinance, any easement documents and dedication documents.

2. Applicant shall dedicate and record a “Private Easement” across CMU property(s) for the benefit of the remaining property owners located at 830, 850 and 860 Kennedy Avenue.

3. Applicant shall coordinate relocation of utilities upon construction of the new engineering building and dedicate applicable utility easements to Xcel Energy as necessary in order to continue to provide utility services to the current residential properties within this block.

4. Applicant will need to meet all Grand Junction Fire Department requirements for construction of the engineering building.

A portion of a fifteen foot (15.00') wide Alley Right-of-Way as dedicated on the Plat of Amended Kennedy Subdivision at reception #670067 of the Mesa County Records situated in the SE1/4 of Section 11, Township 1 South, Range 1 West of the Ute Principal Meridian, in the City of Grand Junction, County of Mesa, State of Colorado; being more particularly described as follows:

All of a fifteen foot (15.00') wide Alley of said Amended Kennedy Subdivision adjoining the North lot lines of Lots 4,5, 6 and 7 (four, five, six and seven) beginning at the Northwest corner of Lot 4 (four) of said Amended Kennedy Subdivision and continuing East to the Northeast corner of Lot 7 (seven) of said Amended Kennedy Subdivision.

Said description contains an area of 0.101 acres more or less, as described herein.

Introduced for first reading on this 20^th day of April, 2016 and ordered published in pamphlet form.

Hallenbeck Reservoir No. 1 (aka Purdy Mesa) is one of the City of Grand Junction’s 14 raw water reservoirs. In 2014 Staff developed plans to mitigate seepage that was occurring through the dam. The plan procedure included evaluation of the dam at increasingly greater water storage depths. During the evaluation process, seepage increased through the structure and an 80-foot crack developed on the downstream face of the dam. Water was immediately released from the reservoir in an effort to relieve hydrostatic pressure within the dam. Shortly after the dam failure a forensics evaluation of the dam was completed that included a geotechnical investigation and structural evaluation.

The purpose of this project is to make repairs to the dam that will mitigate the structural failure, and provide improved control of seepage through the structure. This will allow the City Water Department to make use of its 1939 absolute irrigation right, and 1993 conditional municipal right. Construction is expected to occur in the summer of 2016.

The grant and loan may be used to recover design costs already incurred, and cover cost to construct the project. Estimated construction cost is $994,000. The loan will be completed for the actual amount used. The recommendation of the CWCB was to apply for a $1M loan that would allow for flexibility based on actual construction cost.

Goal 12: Being a regional provider of goods and services the City and County will sustain, develop and enhance a healthy, diverse economy.

The City of Grand Junction Water Department is responsible for maintaining a reliable water source during times of drought. This project will provide for an additional 699 acre feet of raw water storage, roughly 5% of the City’s total storage.

Infrastructure: This project emphasizes the City Water Departments diligence in maintaining adequate raw water storage supplies. Being proactive in maintaining raw water infrastructure helps ensure that the customers have reliable high quality water service even during times of drought.

Providing infrastructure that fosters and supports private investment: The City of Grand Junction’s water service area is almost fully developed. Nonetheless, the City needs to continue to be diligent in protecting and maintaining a reliable raw water source. This critical infrastructure provides for clean domestic water to ensure opportunities for private investment and redevelopment of the core area of the City.

The term of the loan is 20 years, at 2.65% interest. Loan initiation cost is $10,000.

The City Attorney has reviewed and approved the documents and the form of the resolution.

A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO A CONTRACT FOR GRANT AND LOAN FUNDING FROM THE COLORADO WATER CONSERVATION BOARD FOR CONSTRUCTION WORK ON THE HALLENBECK NUMBER ONE DOWNSTREAM SLOPE IMPROVEMENTS PROJECT

The request from the Colorado Water Conservation Board in the form of a grant in the amount of $100,000 and loan of up to $1,010,000 would fund the $879,000 project to mitigate damage to the Hallenbeck Reservoir No. 1 dam (“Project”). The Project will mitigate the structural failure, provide improved control of seepage through the structure and return 699 acre feet of raw water storage to the City water system.

The grant in the amount of $100,000 has been awarded and the loan of $1,010,000 has been approved through the Colorado Water Conservation Board. Project expenditures are anticipated to accrue the summer of 2016.

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION THAT:

The Interim City Manager is authorized to enter into a contract with the Colorado Water Conservation Board for a Grant and a Loan for the Hallenbeck No. 1 Downstream Slope Repair Project.

May 4, 2016	Referral of Petition (30 Day Notice), Introduction Of A Proposed Ordinance, Exercising Land Use
May 10, 2016	Planning Commission considers Zone of Annexation
June 1, 2016	Introduction Of A Proposed Ordinance on Zoning by City Council
June 15, 2016	Acceptance of Petition and Public Hearing on Annexation and Zoning by City Council
July 17, 2016	Effective date of Annexation and Zoning

File Number:	ANX-2016-115
2757	2757 Highway 50
Tax ID Number:	2945-254-00-003
# of Parcels:	1
Estimated Population:	0
# of Parcels (owner occupied):	0
# of Dwelling Units:	0
Acres land annexed:	3.954 acres
Developable Acres Remaining:	2.541 acres
Right-of-way in Annexation:	1.17 acres of 27 1/2 Rd and B 1/2 Rd
Previous County Zoning:	County C-2
Proposed City Zoning:	City C-2 (General Commercial)
Current Land Use:	Auto Repair/Towing Company
Future Land Use:	Auto Repair/Towing Company

Values:	Assessed:	$181,610
	Actual:	$626,220

Special Districts:	Water:	Ute Water
	Sewer:	City of Grand Junction
	Fire:	Grand Junction Rural Fire District
	Irrigation/Drainage:	Orchard Mesa Irrigation District
	School:	Mesa County School District #51
	Pest:	Grand River Mosquito Control District

FIRM	LOCATION	COST 2WD	COST 4WD
Transwest Truck/ OJ Waston Equipment	Grand Junction, Colorado	$118,026.00	$134,812.00
McCandless Truck Center/ OJ Watson	Grand Junction, Colorado	$118,216.00	N/A
Bruckner Truck Sales	Denver, Colorado	$123,438.00	$153,438.00
Transwest Truck/ Auto Truck Group	Grand Junction, Colorado	$124,698.00	$141,484.00
McCandless Truck/ Auto Truck	Grand Junction, Colorado	$124,888.00	N/A
Transwest Truck/ Crane works	Grand Junction, Colorado	$134,357.00	N/A
Custom Truck and Equipment	Denver, Colorado	$139,167.00	$155,158.83
Kois Brothers Equipment	Denver, Colorado	$142,425.00	N/A

Location:	2757 Highway 50
Applicants:	PIA Company LLC
Existing Land Use:	Auto Repair/Towing Company
Proposed Land Use:	Auto Repair/Towing Company

Surrounding Land Use:	North	Highway 50 / Burger King
	South	Ballfield at the Fairgrounds
	East	Construction company
	West	Trailer / RV sales lot

Surrounding Zoning:	North	City C-1 (Light Commercial)
	South	City C-2 (General Commercial)
	East	City C-2 (General Commercial)
	West	City C-2 (General Commercial)

Location:	2711 Unaweep Avenue
Applicants:	Landmark Baptist Church
Existing Land Use:	Church
Proposed Land Use:	Appropriate R-O (Residential – Office ) uses

Surrounding Land Use:	North	Single Family Residential
	South	Single Family Residential
	East	Single Family Residential
	West	Single Family Residential

Existing Zoning:	R-8 (Residential 8 du/ac)
Proposed Zoning:	R-O (Residential – Office)

March 16, 2016	Referral of Petition (30 Day Notice), Introduction of a Proposed Ordinance, Exercising Land Use
April 12, 2016	Planning Commission considers Zone of Annexation
April 20, 2016	Introduction of a Proposed Ordinance on Zoning by City Council
May 4, 2016	Acceptance of Petition and Public Hearing on Annexation and Zoning by City Council
June 5, 2016	Effective date of Annexation and Zoning

File Number:	ANX-2016-37
Location:	2245 ½ Broadway
Tax ID Number:	2943-073-00-010
# of Parcels:	1
Estimated Population:	1
# of Parcels (owner occupied):	0
# of Dwelling Units:	1
Acres land annexed:	0.54
Developable Acres Remaining:	0.54
Right-of-way in Annexation:	None
Previous County Zoning:	County RSF-4 (Residential Single-Family – 4 du/ac)
Proposed City Zoning:	B-1 (Neighborhood Business)
Current Land Use:	Single-family detached
Future Land Use:	Neighborhood business

Special Districts:	Water:	Ute Water Conservancy District
	Sewer:	Persigo 201 sewer service area
	Fire:	Grand Junction Rural and Redlands Sub Fire Protection District
	Irrigation/ Drainage:	Redlands Water and Power Company
	School:	Mesa County Valley School District #51
	Pest:	Grand River Mosquito Control District

Location:	Portion of Alley located between Elm and Kennedy Avenue’s
Applicant:	Colorado Mesa University
Existing Land Use:	Alley right-of-way
Proposed Land Use:	Colorado Mesa University land use development (new engineering building)

Surrounding Land Use:	North	Colorado Mesa University properties
	South	Colorado Mesa University properties and privately held property currently under contract to be purchased by CMU
	East	Alley right-of-way
	West	Alley right-of-way

Existing Zoning:	R-8 (Residential – 8 du/ac)
Proposed Zoning:	N/A