MINUTES

REGULAR MEETING OF

COMMERCE CITY CITY COUNCIL

                                                                                                                         April 2, 2007

CALL TO ORDER

A regular meeting of the City Council was called to order by Mayor Sean Ford on April 2, 2007, at 7:00 p.m.

ROLL CALL                   

Present: 

Mayor Ford presiding,

Mayor Pro-Tem Rene Bullock

Councilwoman Drotar

Councilman Jaquith

Councilman Johnson

Councilman Lewis

Councilman Natale

Councilwoman Snyder

Councilwoman Teter

Staff Reporting:                    

City Attorney Bob Gehler

Acting City Manager Gregg Clements

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was recited.

APPROVAL OF MINUTES

Council members Teter and Drotar moved and seconded approval of the minutes of the regular meeting of March 19, 2007.

VOICE VOTE:  Unanimous; all present affirmed

PRESENTATIONS

The Suncor Manager of Government & Stakeholder Relations Paul Ludwig was not present so Council members Lewis and Johnson moved and seconded amending the agenda to delete this item.

VOICE VOTE:  Unanimous; all present affirmed

PROCLAMATIONS

Mayor Ford read a proclamation declaring April 21, 2007, as Arbor Day in Commerce City.

Council members Bullock and Snyder moved and seconded acceptance of the proclamation.

VOICE VOTE:  Unanimous; all present affirmed

CITIZEN COMMUNICATION

Charlene Jaramillo, 5280 E. 67th Pl., thanked Council for their service to the city and for the dedication ceremony for the new civic center.

Claudia Barnes, 5540 E. 66th Wy., and Dave Eggleston, 5521 E. 66th Wy., discussed a recent experience at the Mile High Humane Society and asked Council to address the terrible conditions at the facility.

Robert Vashaw, 6530 Olive St., reported on graffiti carved into the sidewalk near one of the schools, a traffic signal box that’s been in need of repair for awhile, election sign issues, and a Council member’s vehicle parked in a no-parking zone.  Mr. Vashaw asked about recycling the materials in the roll-off in front of city hall,

Kip Cheroutes, 2648 Bellaire, thanked Council for their working relationship with the wildlife refuge.

Mayor Ford read the 10 items on the consent agenda.

Ordinance FP-28-07 Floodplain Development Permit, E. 104th Ave. and Chambers Rd.

Ordinance Z-343-85-91-92-07 rezone 6860 E. Highway 85 from C-3 to I-1

Ordinance 1678 Vale grant appropriation ordinance

Ordinance 1679 Open Space grant appropriation ordinance

Ordinance 1680 Open Space grant appropriation ordinance

Ordinance 1681 Open Space grant appropriation ordinance

Ordinance 1682 Suncor grant appropriation ordinance

Ordinance 1683 Suncor and Commerce City Rotary City grants appropriation ordinance

Ordinance 1684 amending the 2007 Prairie Gateway Project Budget

Ordinance 1685 Quebec pedestrian underpass and Prairie Gateway Project

Council members Drotar and Teter moved and seconded approval of the consent agenda.

City Attorney Gehler read the title of Ordinance FP-28-07AN ORDINANCE AMENDING THE FLOOD OVERLAY DISTRICT ZONE BOUNDARY BY DELETION OF THAT PROPERTY DESCRIBED AND ATTACHED HERETO AND MADE A PART HEREOF AND APPROVING A FLOODPLAIN DEVELOPMENT PERMIT FOR THE SAID PROPERTY WHICH IS LOCATED SOUTH OF 104TH AVENUE BETWEEN CHAMBERS ROAD AND PROPOSED IDALIA STREET IN THE NORTHEAST CORNER OF THE HOGAN PUD, COMMERCE CITY, COLORADO

City Attorney Gehler read the title of Ordinance Z-343-85-91-92-07:  AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR REZONING FROM C-3 TO I-1 ZONE DISTRICT, OF THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT 6860 EAST HIGHWAY 85, COMMERCE CITY, COLORADO

City Attorney Gehler read the title of Ordinance 1678AN ORDINANCE AMENDING THE 2007 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE VALE GRANT IN THE AMOUNT OF $1,800 FOR THE SUPPORT OF THE VICTIM SERVICES PROGRAM AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF

City Attorney Gehler read the title of Ordinance 1679:  AN ORDINANCE AMENDING THE 2007 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE ADAMS COUNTY OPEN SPACE GRANT IN THE AMOUNT OF $766,474 FOR PHASE II OF THE CONSTRUCTION OF PIONEER PARK AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF

City Attorney Gehler read the title of Ordinance 1680AN ORDINANCE AMENDING THE 2007 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE ADAMS COUNTY OPEN SPACE GRANT IN THE AMOUNT OF $2,589 FOR ADA ACCESS FOR THE PLAYGROUND AT PIONEER PARK AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF


City Attorney Gehler read the title of Ordinance 1681AN ORDINANCE AMENDING THE 2007 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE ADAMS COUNTY OPEN SPACE GRANT IN THE AMOUNT OF $1,200 FOR ADA ACCESS FOR THE PLAYGROUND AT GIFFORD PARK AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF

City Attorney Gehler read the title of Ordinance 1682:  AN ORDINANCE AMENDING THE 2007 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE SUNCOR GRANT IN THE AMOUNT OF $95,000 FOR THE SUPPORT OF THE DERBY COMMUNITY CENTER AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF

City Attorney Gehler read the title of Ordinance 1683:  AN ORDINANCE AMENDING THE 2007 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE DONATION FROM SUNCOR IN THE AMOUNT OF $5,000 TO PURCHASE EQUIPMENT FOR THE RECREATION CENTER AND THE DONATION FROM THE COMMERCE CITY ROTARY FOUNDATION IN THE AMOUNT OF $8,000 TO PURCHASE PLAYGROUND EQUIPMENT AT URQUIDEZ CENTENNIAL PARK FOR A TOTAL DONATION AMOUNT OF $13,000 AND AUTHORIZATION OF THE EXPENDITURE THEREOF

City Attorney Gehler read the title of Ordinance 1684:  AN ORDINANCE AMENDING THE 2007 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY TRANSFERRING A PORTION OF THE UNENCUMBERED FUND BALANCE IN THE GENERAL FUND IN THE AMOUNT OF $1,695,658 AND IN THE SALES AND USE TAX FUND IN THE AMOUNT OF $6,013,598 TO THE CAPITAL EXPENDITURES FUND FOR A TOTAL AMOUNT OF $7,709,256 TO BE USED ON THE FOLLOWING PRAIRIE GATEWAY PROJECTS: VISITOR CENTER ROAD EXTENSION; SOCCER FIELDS – POD OF 6; LANDSCAPING CONSTRUCTION AND MAINTENANCE; TCA ENTRANCE CHANGES; AND INSPECTION SERVICES  AND AUTHORIZING THE EXPENDITURE THEREOF

City Attorney Gehler read the title of Ordinance 1685AN ORDINANCE AMENDING THE 2007 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE REIMBURSEMENT FROM ADAMS COUNTY SCHOOL DISTRICT 14 IN THE AMOUNT OF $230,485 AND THE PRAIRIE GATEWAY PROJECT IN THE AMOUNT OF $530,940 AND TRANSFERRING A PORTION ON THE UNENCUMBERED FUND BALANCE IN THE STREET AND BRIDGE FUND IN THE AMOUNT OF $474,134 TO THE CAPITAL EXPENDITURE FUND FOR THE CONSTRUCTION OF THE QUEBEC PEDESTRIAN UNDERPASS  IN THE AMOUNT OF $460,970 AND FOR THE PRAIRIE GATEWAY PROJECT FOR AN AMOUNT OF $774,589 FOR A TOTAL AMOUNT OF $1,235,559 AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF

ROLL CALL VOTE:  9 aye

PUBLIC HEARINGS

Ordinance FP-30-07 Denver Water Floodplain Permit, 6800 Monroe St.

Council members Lewis and Drotar moved and seconded amending the agenda to continue this item to May 7, 2007, at 7:30 p.m. because the legal notice was not published in the paper.

VOICE VOTE:  Unanimous; all present affirmed

Resolution 2007-18 SAP-002-07 Derby Master Plan

Mayor Ford opened the public hearing.

Planner Jessica Osborne and Nigel Staton of Land by Design, Kemp Will and Dana Crawford of Derby District, LLC, gave a Powerpoint presentation that outlined the Derby Master Plan.

The Planning Commission held a public hearing on March 6, 2007, took testimony, and voted (5, 0) to forward the case to City Council with a favorable recommendation.

The following citizens addressed Council on this resolution:

Robert Toaves, 7120 E. 66th Pl.

Robert Romine, 6760 E. 74th Ave.

Carol MacClennan, Tri-County Health

Guillermo Serna, 14122 E. 102nd Pl.

Rod Tittoni, Big O Tires

Beverly VanDewegne, Werthwhile Inn

After hearing testimony from the above citizens, Mayor Ford closed the public hearing.

Council members Drotar and Johnson moved and seconded acceptance of the findings and recommendations of the Planning Commission.

VOICE VOTE:  Unanimous; all present affirmed

Council members Snyder and Teter moved and seconded approval of Resolution 2007-18.

City Attorney Gehler read the title of Resolution 2007-18RESOLUTION APPROVING SUB-AREA PLAN FOR THE DERBY COMMERCIAL DISTRICT IN CASE SAP-002-07

VOICE VOTE:  Unanimous; all present affirmed

There was a brief recess called at 8:50 p.m. and the meeting reconvened at 9:00 p.m.

RESOLUTIONS

Council members Teter and Bullock moved and seconded approval of Resolution

2007-20

City Attorney Gehler read the title of Resolution 2007-20:  RESOLUTION MAKING FINDINGS OF FACT REGARDING ANNEXATION NO. AN-204-07

VOICE VOTE:  Unanimous; all present affirmed

Council members Drotar and Natale moved and seconded approval of Resolution 2007-23.

City Attorney Gehler read the title of RESOLUTION 2007-23RESOLUTION APPROVING DEVELOPMENT INCENTIVES FOR DEVELOPMENT OF A FEDEX FREIGHT REGIONAL TRANSPORTATION FACILITY IN COMMERCE CITY

VOICE VOTE:  8 aye, 1 nay (Jaquith)

Council members Drotar and Johnson moved and seconded approval of Resolution 2007-24

City Attorney Gehler read the title of RESOLUTION 2007-24RESOLUTION APPROVING CONVEYANCE OF CITY PROPERTY TO RANGEVIEW LIBRARY DISTRICT

VOICE VOTE:  Unanimous; all present affirmed

Council members Snyder and Bullock moved and seconded approval of Resolution

2007-25

City Attorney Gehler read the title of RESOLUTION 2007-25RESOLUTION APPROVING THE COMMON USE AGREEMENT BETWEEN THE E-470 PUBLIC HIGHWAY AUTHORITY AND THE CITY OF COMMERCE CITY

VOICE VOTE:  7 aye, 2 nay (Jaquith, Lewis)

Council members Teter and Lewis moved and seconded approval of Resolution 2007-29

City Attorney Gehler read the title of RESOLUTION 2007-29RESOLUTION APPROVING EASEMENT OF CITY PROPERTY TO NDSC, LLC FOR STORM WATER DRAINAGE

VOICE VOTE:  Unanimous; all present affirmed

Council members Bullock and Snyder moved and seconded approval of Resolution

2007-30

City Attorney Gehler read the title of RESOLUTION 2007-30RESOLUTION APPROVING A POLICY FOR WATER AND WASTEWATER SERVICE TO PROPERTIES IN THE GENERAL SERVICE AREA (GSA) NOT ANNEXED TO COMMERCE CITY BUT INCLUDED IN THE SOUTH ADAMS COUNTY WATER AND SANITATION DISTRICT (SACWSD) AND APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) TO FORM A JOINT WATER COMMISSION

VOICE VOTE:  Unanimous; all present affirmed

Council members Bullock and Johnson moved and seconded approval of Resolution 2007-31

City Attorney Gehler read the title of RESOLUTION 2007-31RESOLUTION REGARDING TERMS OF OFFICE FOR MEMBERS OF DESIGNATED BOARDS AND COMMISSIONS OF COMMERCE CITY

VOICE VOTE:  Unanimous; all present affirmed

REPORTS

There were no reports.

ADJOURNMENT:

The meeting adjourned at 9:25 p.m.

CITY OF COMMERCE CITY                                               ATTEST

_________________________                                              _______________________

Sean Ford, Mayor                                                                    Laura J. Bauer, City Clerk

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