City Council Regular Meeting January 7, 2008

MINUTES

REGULAR MEETING OF

COMMERCE CITY COUNCIL

January 7, 2008

CALL TO ORDER

A regular meeting of the City Council of the City of Commerce City was called to order by Mayor Paul Natale on January 7, 2008, at 7:10 p.m.

ROLL CALL

Present:

Mayor Natale, presiding

Mayor Pro-Tem Drotar

Councilman Benson

Councilman Jaquith

Councilman Johnson

Councilman Lewis

Councilman McEldowney

Councilwoman Snyder

Councilwoman Teter

Absent:

Staff Reporting:

City Attorney Robert Gehler

City Manager Jerry Flannery

Acting Deputy City Manager Tom Acre

Planner Brian Garner

Planning Manager Chris Cramer

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES

Council members Snyder and Johnson moved and seconded approval of the minutes of the regular meeting of December 17, 2007.

VOICE VOTE: Unanimous; all present affirmed

PRESENTATIONS

Recognition Of Acting Police Chief Chuck Baker

City Council recognized Acting Police Chief Chuck Baker for his service to the community.

Swearing in of Police Chief Philip Baca

Municipal Court Judge David Juarez swore in Police Chief Philip Baca.

CITIZEN COMMUNICATION

Glen Murray, 11010 Havana St., questioned the process the city is using to notify the business owners in the newly annexed area about their responsibilities in paying sales and use tax.

Kristi Douglas, 10970 Unity Pkwy., requested, on behalf of the Business and Professionals Association, to use of the City Council Chambers, the first Thursday of every month, for the Business and Professionals Association meetings.

Jimmy Burns, 8025 Pontiac St., requested, on behalf of the Business and Professionals Association, to use of the City Council Chambers, the first Thursday of every month, for the Business and Professionals Association meetings.

Bill Jones, 7093 Jasmine St., stated he was frustrated because he believes the city’s ordinances aren’t being enforced.

Connie Dixon, 10599 Quintero, extended an invitation to Council to attend an upcoming art exhibit.

Riches Dickson, no address given, invited both the City Council and the public to participate in the Republican caucus.

Council took a brief recess from 8:02 p.m. to 8:15 p.m.

Council members Drotar and McEldowney moved and seconded to go into an executive session for the purpose of receiving legal advice with regard to issues raised in the request for reconsideration of the enclave annexation ordinances under C.R.S. 24-6-402(4)(b)

VOICE VOTE: Unanimous; all present affirmed

Council members Teter and Johnson moved and seconded to amend the agenda to permit the presentation by Mile High Event and Racing in open session after the consent agenda.

VOICE VOTE: Unanimous; all present affirmed

Council members Snyder and Drotar moved and seconded to amend the agenda to change the purpose of the executive session at the end of the meeting to receive legal advice concerning a personnel matter under C.R.S. 24-6-402(4)(b).

VOICE VOTE: Unanimous; all present affirmed

Council members entered executive session at 8:20 p.m. and returned to the open meeting at 8:45 p.m.

Council members returned to open meeting at 8:45 p.m.

Council members McEldowney and Johnson moved and seconded that the motions for reconsideration of annexation Ordinances AN-219-07 and AN-220-07 filed on behalf of Sinclair Oil Corporation be considered at a special meeting to be held January 28, 2008, commencing at 7:00 p.m., and if Sinclair Oil Corporation desires additional material relevant to the issues raised by the motions be considered by this Council, the additional material must be submitted to the City Clerk no later than 12:00 p.m. January 23, 2008.

VOICE VOTE: Unanimous; all present affirmed

Mile High Racing declined discussing their expansion plans for the racetrack in open session at this time.

CONSENT AGENDA

Mayor Paul Natale read the six items on the consent agenda.

Council member Jaquith and Lewis moved and seconded removing Resolution 2008-05 from the consent agenda for discussion and separate vote.

VOICE VOTE: Unanimous; all present affirmed

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

City Attorney Bob Gehler read the title of Ordinance 1704: AN ORDINANCE AMENDING THAT PORTION OF THE 1987 ZONING ORDINANCE OF THE CITY OF COMMERCE CITY AS CODIFIED IN SECTION 21-38 OF THE CODE OF ORDINANCES OF THE CITY OF COMMERCE CITY RELATIVE TO YARD SALES IN THE CITY OF COMMERCE CITY

City Attorney Bob Gehler read the title of Ordinance Z-758-01-06-07: AN ORDINANCE AMENDING THE PUD ZONING OF THE CITY OF COMMERCE CITY, COLORADO FOR THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT 120TH AVENUE AND PEORIA STREET, COMMERCE CITY, COLORADO

City Attorney Bob Gehler read the title of Resolution 2008-01: RESOLUTION REGARDING POSTING LOCATIONS FOR PUBLIC MEETINGS, PUBLIC HEARINGS, AND ORDINANCES

City Attorney Bob Gehler read the title of Resolution 2008-02: RESOLUTION CANCELLING CITY COUNCIL MEETINGS THAT FALL ON OFFICIALLY SCHEDULED CITY HOLIDAYS

City Attorney Bob Gehler read the title of Resolution 2008-03: RESOLUTION APPROVING GRANT OF THREE EASEMENTS ACROSS CITY PROPERTY TO XCEL

ENERGY A/K/A PUBLIC SERVICE COMPANY OF COLORADO

ROLL CALL VOTE: 9 aye

Resolution 2008-05

City Attorney Bob Gehler provided background information on this resolution.

Council members Jaquith and Lewis moved to approve Resolution 2008-05, with paragraph (2) to include a date of March 31, 2011.

City Attorney Bob Gehler read the title of Resolution 2008-05: RESOLUTION REGARDING PERMISSION FOR DISCHARGE OF FIREARMS WITHIN THE CITY OF COMMERCE CITY

ROLL CALL VOTE: 5 aye, 4 nay (Natale, Drotar, Snyder, Johnson)

PUBLIC HEARINGS

Ordinance Z-864-07, Z-865-07 and Ordinance Z-866-07

Mayor Natale opened the public hearing for the three interrelated ordinances.

City Planner Brian Garner presented the case. The City is requesting zoning on behalf of several property owners to correct split parcels.

The Planning Commission held a public hearing on November 6, 2007, took testimony and voted (5, O) to forward the request to City Council with a favorable recommendation subject to the findings of fact.

No one came forward to speak in favor or opposition to these ordinances and the public hearing was closed.

Council members Teter and Jaquith moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-864-07.

VOICE VOTE: Unanimous; all present affirmed

Council members Drotar and McEldowney moved and seconded introduction of Ordinance

Z-864-07 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance Z-864-07: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR REZONING FROM ADCO TO MHP (MOBILE HOME PARK) ZONE DISTRICT, OF THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT 6791 HIGHWAY 2, COMMERCE CITY, COLORADO

ROLL CALL VOTE: 9 aye

Council members Drotar and Johnson moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-865-07.

VOICE VOTE: Unanimous; all present affirmed

Council members Teter and Snyder moved and seconded introduction of Ordinance Z-865-07 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance Z-865-07; AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR REZONING FROM ADCO TO I-1 ZONE DISTRICT, OF THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT (BNSF RAILROAD RIGHT-OF-WAY) ON THE EAST SIDE OF FAIRFAX PARK, COMMERCE CITY, COLORADO.

ROLL CALL VOTE: 9 aye

Council members Snyder and Jaquith moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-866-07.

VOICE VOTE: Unanimous; all present affirmed

Council members Johnson and Snyder moved and seconded introduction of Ordinance

Z-866-07 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance Z-866-07; AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR REZONING FROM ADCO TO PUBLIC ZONE DISTRICT, OF THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT 6850 FAIRFAX DRIVE, COMMERCE CITY, COLORADO

ROLL CALL: 9 aye

Ordinance Z-850-07

Mayor Natale opened the public hearing.

City Attorney Bob Gehler advised Council that an issue of property ownership has recently been brought to the attention of staff.

Council members Lewis and McEldowney moved and seconded continuing this public hearing to February 4, 2008 at 7:00 p.m.

VOICE VOTE: Unanimous; all present affirmed

Ordinance Z-732-00-04-05-07

Mayor Natale opened the public hearing.

City Planner Brian Garner presented the case. Kushniroff Investments requests approval for a third amendment to the PUD Zone Document for property located at 102nd Avenue and Havana Street.

The Planning Commission held a public hearing on December 4, 2007, took testimony and voted (5,0) to forward the request to City Council with a favorable recommendation subject to conditions, advisories, and findings of fact.

Harry Kushniroff, 5783 Cole Ct., Arvada, CO, appeared on behalf of the applicant and asked City Council for their approval.

No others came forward in favor or opposition to this matter and the public hearing was closed.

Council members Snyder and Drotar moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-732-00-04-05-07.

VOICE VOTE: Unanimous; all present affirmed

Council members McEldowney and Jaquith moved and seconded introduction of Ordinance Z-732-00-04-05-07 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance Z-732-00-04-05-07: AN ORDINANCE AMENDING THE PUD ZONING OF THE CITY OF COMMERCE CITY, COLORADO FOR THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT 102nd AVENUE AND HAVANA STREET, COMMERCE CITY, COLORADO

ROLL CALL VOTE: 9 aye

Conditional Use Permits CU-78-07 and CU-79-07

Mayor Natale opened the public hearing for the two interrelated cases.

Planning Manager Chris Cramer presented the case. The applicant proposes to have a tavern license within 2,500 feet of another tavern license and a cabaret license within 2,000 feet of residentially-used property.

The Planning Commission held a public meeting on December 4, 2007, took testimony and voted (5, 0) to forward the case to City Council with a favorable recommendation.

No one came forward to speak in favor or opposition of these permits and the public hearing was closed.

Council members Drotar and Johnson moved and seconded approval of the findings and recommendations of the Planning Commission for Case CU-78-07.

VOICE VOTE: Unanimous; all present affirmed

Council members McEldowney and Teter moved and seconded approval of Conditional Use Permit CU-78-07 by Council.

City Attorney Bob Gehler read the title of Conditional Use Permit CU-78-07: Conditions for Conditional Use Granted by the City of Commerce City to Virginia A. Werth

ROLL CALL VOTE: 9 aye

Council members Johnson and McEldowney moved and seconded approval of the findings and recommendations of the Planning Commission for Case CU-79-07.

VOICE VOTE: Unanimous; all present affirmed

Council members Drotar and Teter moved and seconded approval of the Conditional Use Permit CU-79-07 by Council.

City Attorney Bob Gehler read the title of Conditional Use Permit CU-79-07: Conditions for Conditional Use Granted by the City of Commerce City to Virginia A. Werth

ROLL CALL VOTE: 9 aye

ORDINANCES ON FIRST READING

Ordinance AN-216-07

Council members Drotar and McEldowney moved and seconded introduction of Ordinance AN-216-07 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance AN-216-07: AN ORDINANCE APPROVING AND ACCOMPLISHING THE ANNEXATION OF CONTIGUOUS UNINCORPORATED TERRITORY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, LOCATED AT THE FOLLOWING LOCATIONS: (1) BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY AND EAST 68TH AVENUE EXTENDED WESTERLY, (2) STATE HIGHWAY 2 AND FOREST STREET EXTENDED, AND (3) U.S. HIGHWAY 6 & 85 AND EAST 66TH AVENUE EXTENDED, COMMERCE CITY, COLORADO

ROLL CALL VOTE: 9 aye

Ordinance 1711

Council members Drotar and Teter moved and seconded introduction of Ordinance 1711 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance 1711: AN ORDINANCE AMENDING THE 2008 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE BULLETPROOF VEST PARTNERSHIP GRANT FUNDS IN THE AMOUNT OF $7,400 FOR THE BULLETPROOF VEST PROGRAM IN THE POLICE DEPARTMENT AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF

ROLL CALL VOTE: 9 aye

COUNCIL BUSINESS

Amendment to the City Manager’s Contract

Council members Drotar and McEldowney moved and seconded to continue this matter to March 3, 2008.

VOICE VOTE: Unanimous; all present affirmed.

Executive Session

Council members Drotar and Snyder moved and seconded to go into executive session for a conference with the city attorney to receive legal advice on a personnel matter under C.R.S. 24-6-402(4)(b)

VOICE VOTE: Unanimous; all present affirmed

Council members entered executive session at 10:40 p.m.

Council returned to open session at 11:05 p.m.

Council members Drotar and Snyder moved and seconded to schedule a special meeting on Thursday evening 5:30 p.m. to receive legal advice concerning a personnel matter.

VOICE VOTE: Unanimous; all present affirmed

REPORTS

City Manager Flannery reported that a Starbucks will be opening soon in the northern range.

Deputy City Manager Tom Acre announced an offer has been made to Brian McBroom of Michigan for the Planning Director position.

City Attorney Gehler reported the police department had requested an opinion from him regarding pit bulls in the newly annexed areas and that the opinion advises that the owner of any pit bull kept in the newly-annexed enclave areas would have the same right to register his/her pit bull as an owner of a pit bull had when the pit bull ordinance was first passed.

ADJOURNMENT:

The meeting adjourned at 11:10 p.m.

CITY OF COMMERCE CITY ATTEST

_________________________ ___________________________

Paul Natale, Mayor Laura J. Bauer, City Clerk

Accommodations for disabled persons may be made upon adequate notice prior to any meeting. Please call (303) 289-3600 for instructions.



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MINUTES REGULAR MEETING OF COMMERCE CITY COUNCIL January 7, 2008 CALL TO ORDER A regular meeting of the City Council of the City of Commerce City was called to order by Mayor Paul Natale on January 7, 2008, at 7:10 p.m. ROLL CALL Present: Mayor Natale, presiding Mayor Pro-Tem Drotar Councilman Benson Councilman Jaquith Councilman Johnson Councilman Lewis Councilman McEldowney Councilwoman Snyder Councilwoman Teter Absent: Staff Reporting: City Attorney Robert Gehler City Manager Jerry Flannery Acting Deputy City Manager Tom Acre Planner Brian Garner Planning Manager Chris Cramer PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Council members Snyder and Johnson moved and seconded approval of the minutes of the regular meeting of December 17, 2007. VOICE VOTE: Unanimous; all present affirmed PRESENTATIONS Recognition Of Acting Police Chief Chuck Baker City Council recognized Acting Police Chief Chuck Baker for his service to the community. Swearing in of Police Chief Philip Baca Municipal Court Judge David Juarez swore in Police Chief Philip Baca. CITIZEN COMMUNICATION Glen Murray, 11010 Havana St., questioned the process the city is using to notify the business owners in the newly annexed area about their responsibilities in paying sales and use tax. Kristi Douglas, 10970 Unity Pkwy., requested, on behalf of the Business and Professionals Association, to use of the City Council Chambers, the first Thursday of every month, for the Business and Professionals Association meetings. Jimmy Burns, 8025 Pontiac St., requested, on behalf of the Business and Professionals Association, to use of the City Council Chambers, the first Thursday of every month, for the Business and Professionals Association meetings. Bill Jones, 7093 Jasmine St., stated he was frustrated because he believes the city’s ordinances aren’t being enforced. Connie Dixon, 10599 Quintero, extended an invitation to Council to attend an upcoming art exhibit. Riches Dickson, no address given, invited both the City Council and the public to participate in the Republican caucus. Council took a brief recess from 8:02 p.m. to 8:15 p.m. Council members Drotar and McEldowney moved and seconded to go into an executive session for the purpose of receiving legal advice with regard to issues raised in the request for reconsideration of the enclave annexation ordinances under C.R.S. 24-6-402(4)(b) VOICE VOTE: Unanimous; all present affirmed Council members Teter and Johnson moved and seconded to amend the agenda to permit the presentation by Mile High Event and Racing in open session after the consent agenda. VOICE VOTE: Unanimous; all present affirmed Council members Snyder and Drotar moved and seconded to amend the agenda to change the purpose of the executive session at the end of the meeting to receive legal advice concerning a personnel matter under C.R.S. 24-6-402(4)(b). VOICE VOTE: Unanimous; all present affirmed Council members entered executive session at 8:20 p.m. and returned to the open meeting at 8:45 p.m. Council members returned to open meeting at 8:45 p.m. Council members McEldowney and Johnson moved and seconded that the motions for reconsideration of annexation Ordinances AN-219-07 and AN-220-07 filed on behalf of Sinclair Oil Corporation be considered at a special meeting to be held January 28, 2008, commencing at 7:00 p.m., and if Sinclair Oil Corporation desires additional material relevant to the issues raised by the motions be considered by this Council, the additional material must be submitted to the City Clerk no later than 12:00 p.m. January 23, 2008. VOICE VOTE: Unanimous; all present affirmed Mile High Racing declined discussing their expansion plans for the racetrack in open session at this time. CONSENT AGENDA Mayor Paul Natale read the six items on the consent agenda. Council member Jaquith and Lewis moved and seconded removing Resolution 2008-05 from the consent agenda for discussion and separate vote. VOICE VOTE: Unanimous; all present affirmed Council members Drotar and Teter moved and seconded approval of the consent agenda as amended. City Attorney Bob Gehler read the title of Ordinance 1704: AN ORDINANCE AMENDING THAT PORTION OF THE 1987 ZONING ORDINANCE OF THE CITY OF COMMERCE CITY AS CODIFIED IN SECTION 21-38 OF THE CODE OF ORDINANCES OF THE CITY OF COMMERCE CITY RELATIVE TO YARD SALES IN THE CITY OF COMMERCE CITY City Attorney Bob Gehler read the title of Ordinance Z-758-01-06-07: AN ORDINANCE AMENDING THE PUD ZONING OF THE CITY OF COMMERCE CITY, COLORADO FOR THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT 120TH AVENUE AND PEORIA STREET, COMMERCE CITY, COLORADO City Attorney Bob Gehler read the title of Resolution 2008-01: RESOLUTION REGARDING POSTING LOCATIONS FOR PUBLIC MEETINGS, PUBLIC HEARINGS, AND ORDINANCES City Attorney Bob Gehler read the title of Resolution 2008-02: RESOLUTION CANCELLING CITY COUNCIL MEETINGS THAT FALL ON OFFICIALLY SCHEDULED CITY HOLIDAYS City Attorney Bob Gehler read the title of Resolution 2008-03: RESOLUTION APPROVING GRANT OF THREE EASEMENTS ACROSS CITY PROPERTY TO XCEL ENERGY A/K/A PUBLIC SERVICE COMPANY OF COLORADO ROLL CALL VOTE: 9 aye Resolution 2008-05 City Attorney Bob Gehler provided background information on this resolution. Council members Jaquith and Lewis moved to approve Resolution 2008-05, with paragraph (2) to include a date of March 31, 2011. City Attorney Bob Gehler read the title of Resolution 2008-05: RESOLUTION REGARDING PERMISSION FOR DISCHARGE OF FIREARMS WITHIN THE CITY OF COMMERCE CITY ROLL CALL VOTE: 5 aye, 4 nay (Natale, Drotar, Snyder, Johnson) PUBLIC HEARINGS Ordinance Z-864-07, Z-865-07 and Ordinance Z-866-07 Mayor Natale opened the public hearing for the three interrelated ordinances. City Planner Brian Garner presented the case. The City is requesting zoning on behalf of several property owners to correct split parcels. The Planning Commission held a public hearing on November 6, 2007, took testimony and voted (5, O) to forward the request to City Council with a favorable recommendation subject to the findings of fact. No one came forward to speak in favor or opposition to these ordinances and the public hearing was closed. Council members Teter and Jaquith moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-864-07. VOICE VOTE: Unanimous; all present affirmed Council members Drotar and McEldowney moved and seconded introduction of Ordinance Z-864-07 by Council as seated and approval of the ordinance on first reading. City Attorney Bob Gehler read the title of Ordinance Z-864-07: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR REZONING FROM ADCO TO MHP (MOBILE HOME PARK) ZONE DISTRICT, OF THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT 6791 HIGHWAY 2, COMMERCE CITY, COLORADO ROLL CALL VOTE: 9 aye Council members Drotar and Johnson moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-865-07. VOICE VOTE: Unanimous; all present affirmed Council members Teter and Snyder moved and seconded introduction of Ordinance Z-865-07 by Council as seated and approval of the ordinance on first reading. City Attorney Bob Gehler read the title of Ordinance Z-865-07; AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR REZONING FROM ADCO TO I-1 ZONE DISTRICT, OF THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT (BNSF RAILROAD RIGHT-OF-WAY) ON THE EAST SIDE OF FAIRFAX PARK, COMMERCE CITY, COLORADO. ROLL CALL VOTE: 9 aye Council members Snyder and Jaquith moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-866-07. VOICE VOTE: Unanimous; all present affirmed Council members Johnson and Snyder moved and seconded introduction of Ordinance Z-866-07 by Council as seated and approval of the ordinance on first reading. City Attorney Bob Gehler read the title of Ordinance Z-866-07; AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR REZONING FROM ADCO TO PUBLIC ZONE DISTRICT, OF THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT 6850 FAIRFAX DRIVE, COMMERCE CITY, COLORADO ROLL CALL: 9 aye Ordinance Z-850-07 Mayor Natale opened the public hearing. City Attorney Bob Gehler advised Council that an issue of property ownership has recently been brought to the attention of staff. Council members Lewis and McEldowney moved and seconded continuing this public hearing to February 4, 2008 at 7:00 p.m. VOICE VOTE: Unanimous; all present affirmed Ordinance Z-732-00-04-05-07 Mayor Natale opened the public hearing. City Planner Brian Garner presented the case. Kushniroff Investments requests approval for a third amendment to the PUD Zone Document for property located at 102nd Avenue and Havana Street. The Planning Commission held a public hearing on December 4, 2007, took testimony and voted (5,0) to forward the request to City Council with a favorable recommendation subject to conditions, advisories, and findings of fact. Harry Kushniroff, 5783 Cole Ct., Arvada, CO, appeared on behalf of the applicant and asked City Council for their approval. No others came forward in favor or opposition to this matter and the public hearing was closed. Council members Snyder and Drotar moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-732-00-04-05-07. VOICE VOTE: Unanimous; all present affirmed Council members McEldowney and Jaquith moved and seconded introduction of Ordinance Z-732-00-04-05-07 by Council as seated and approval of the ordinance on first reading. City Attorney Bob Gehler read the title of Ordinance Z-732-00-04-05-07: AN ORDINANCE AMENDING THE PUD ZONING OF THE CITY OF COMMERCE CITY, COLORADO FOR THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT 102nd AVENUE AND HAVANA STREET, COMMERCE CITY, COLORADO ROLL CALL VOTE: 9 aye Conditional Use Permits CU-78-07 and CU-79-07 Mayor Natale opened the public hearing for the two interrelated cases. Planning Manager Chris Cramer presented the case. The applicant proposes to have a tavern license within 2,500 feet of another tavern license and a cabaret license within 2,000 feet of residentially-used property. The Planning Commission held a public meeting on December 4, 2007, took testimony and voted (5, 0) to forward the case to City Council with a favorable recommendation. No one came forward to speak in favor or opposition of these permits and the public hearing was closed. Council members Drotar and Johnson moved and seconded approval of the findings and recommendations of the Planning Commission for Case CU-78-07. VOICE VOTE: Unanimous; all present affirmed Council members McEldowney and Teter moved and seconded approval of Conditional Use Permit CU-78-07 by Council. City Attorney Bob Gehler read the title of Conditional Use Permit CU-78-07: Conditions for Conditional Use Granted by the City of Commerce City to Virginia A. Werth ROLL CALL VOTE: 9 aye Council members Johnson and McEldowney moved and seconded approval of the findings and recommendations of the Planning Commission for Case CU-79-07. VOICE VOTE: Unanimous; all present affirmed Council members Drotar and Teter moved and seconded approval of the Conditional Use Permit CU-79-07 by Council. City Attorney Bob Gehler read the title of Conditional Use Permit CU-79-07: Conditions for Conditional Use Granted by the City of Commerce City to Virginia A. Werth ROLL CALL VOTE: 9 aye ORDINANCES ON FIRST READING Ordinance AN-216-07 Council members Drotar and McEldowney moved and seconded introduction of Ordinance AN-216-07 by Council as seated and approval of the ordinance on first reading. City Attorney Bob Gehler read the title of Ordinance AN-216-07: AN ORDINANCE APPROVING AND ACCOMPLISHING THE ANNEXATION OF CONTIGUOUS UNINCORPORATED TERRITORY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, LOCATED AT THE FOLLOWING LOCATIONS: (1) BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY AND EAST 68TH AVENUE EXTENDED WESTERLY, (2) STATE HIGHWAY 2 AND FOREST STREET EXTENDED, AND (3) U.S. HIGHWAY 6 & 85 AND EAST 66TH AVENUE EXTENDED, COMMERCE CITY, COLORADO ROLL CALL VOTE: 9 aye Ordinance 1711 Council members Drotar and Teter moved and seconded introduction of Ordinance 1711 by Council as seated and approval of the ordinance on first reading. City Attorney Bob Gehler read the title of Ordinance 1711: AN ORDINANCE AMENDING THE 2008 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE BULLETPROOF VEST PARTNERSHIP GRANT FUNDS IN THE AMOUNT OF $7,400 FOR THE BULLETPROOF VEST PROGRAM IN THE POLICE DEPARTMENT AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF ROLL CALL VOTE: 9 aye COUNCIL BUSINESS Amendment to the City Manager’s Contract Council members Drotar and McEldowney moved and seconded to continue this matter to March 3, 2008. VOICE VOTE: Unanimous; all present affirmed. Executive Session Council members Drotar and Snyder moved and seconded to go into executive session for a conference with the city attorney to receive legal advice on a personnel matter under C.R.S. 24-6-402(4)(b) VOICE VOTE: Unanimous; all present affirmed Council members entered executive session at 10:40 p.m. Council returned to open session at 11:05 p.m. Council members Drotar and Snyder moved and seconded to schedule a special meeting on Thursday evening 5:30 p.m. to receive legal advice concerning a personnel matter. VOICE VOTE: Unanimous; all present affirmed REPORTS City Manager Flannery reported that a Starbucks will be opening soon in the northern range. Deputy City Manager Tom Acre announced an offer has been made to Brian McBroom of Michigan for the Planning Director position. City Attorney Gehler reported the police department had requested an opinion from him regarding pit bulls in the newly annexed areas and that the opinion advises that the owner of any pit bull kept in the newly-annexed enclave areas would have the same right to register his/her pit bull as an owner of a pit bull had when the pit bull ordinance was first passed. ADJOURNMENT: The meeting adjourned at 11:10 p.m. CITY OF COMMERCE CITY ATTEST _________________________ ___________________________ Paul Natale, Mayor Laura J. Bauer, City Clerk Accommodations for disabled persons may be made upon adequate notice prior to any meeting. Please call (303) 289-3600 for instructions. skip to main content
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