Regular Meeting Minutes of February 4, 2008

MINUTES

REGULAR MEETING OF

COMMERCE CITY COUNCIL

February 4, 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 February 4, 2008, at 7:15 p.m.

ROLL CALL

Present:

Mayor Natale, presiding

Mayor Pro-Tem Drotar

Councilman Benson

Councilman Jaquith

Councilman Johnson

Councilman Lewis

Councilwoman Snyder

Councilwoman Teter

Absent:

Councilman McEldowney

Staff Reporting:

City Attorney Robert Gehler

City Manager Jerry Flannery

Acting Deputy City Manager Tom Acre

Planner Jenny Axmacher

Planning Manager Chris Cramer

Public Works Director Gregg Clements

PLEDGE OF ALLEGIANCE

PRESENTATIONS

Mayor Natale and City Council presented the Quality Community for a Lifetime checks to the various organizations.

Mayor Pro-Tem Drotar read a proclamation declaring February 10, 2008, as College Goal Sunday in Commerce City

Council members Snyder and Johnson moved and seconded to approve the proclamation.

VOICE VOTE: Unanimous; all present affirmed

ADDITIONAL MOTIONS

Council members Drotar and Johnson moved and seconded to excuse Council members Snyder and Teter from the special meeting and study session of January 28, 2008.

VOICE VOTE: Unanimous; all present affirmed

APPROVAL OF MINUTES

Council members Jaquith and Johnson moved and seconded allowing Councilman Lewis to abstain from voting on the minutes of the special meeting of January 10, 2008, because of his excused absence.

VOICE VOTE: 7 aye, 1 abstention (Lewis)

Council members Drotar and Snyder moved and seconded approving the minutes of the study session of November 26, 2007.

VOICE VOTE: Unanimous; all present affirmed

Council members Teter and Snyder moved and seconded approving the minutes of the regular meeting of December 3, 2007.

VOICE VOTE: Unanimous; all present affirmed

Council members Drotar and Johnson moved and seconded approving the minutes of the special meeting of December 10, 2007.

VOICE VOTE: Unanimous; all present affirmed

Council members Drotar and Johnson moved and seconded approving the minutes of the study session of December 10, 2007.

VOICE VOTE: Unanimous; all present affirmed

Council members Johnson and Teter moved and seconded approving the minutes of the regular meeting of January 7, 2008.

VOICE VOTE: Unanimous; all present affirmed

Council members Snyder and Drotar moved and seconded approving the minutes of the special meeting of January 10, 2008.

VOICE VOTE: 7 aye, 1 abstain (Lewis)

CITIZEN COMMUNICATION

Bill Jones, no address given, addressed Council regarding the conduct of the Mayor during City Council meetings.

Glen Murray, 11010 Havana St., addressed Council on the following matters: signage along 104th Avenue and 120th Avenue on Havana Street, lighting along Highway 2, and public notice of zoning cases.

CONSENT AGENDA

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

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

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

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

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

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

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

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

City Attorney Bob Gehler read the title of Resolution 2008-06: RESOLUTION APPROVING INTERGOVERNMENTAL BETWEEN CITY OF COMMERCE CTY AND BRIGHTON SCHOOL DISTRICT 27J FOR PLACEMENT OF FIBER OPTIC LINE IN COMMERCE CITY RIGHT-OF-WAY

City Attorney Bob Gehler read the title of Resolution 2008-09: RESOLUTION DETERMINING THE NECESSITY OF AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY EITHER BY NEGOTIATION OR BY CONDEMNATION FOR RIGHT-OF-WAY IMPROVEMENTS IN THE CITY OF COMMERCE CITY, COLORADO

ROLL CALL VOTE: 8 aye

PUBLIC HEARINGS

Ordinance Z-850-06-07

Mayor Natale opened the public hearing for Ordinance Z-750-06-07

City Planner Jenny Axmacher presented the case. Western Site Services requests Council approval to rezone the property located at 6320 Kearney Street from R-3 to PUD.

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

Jerry Jewett, 1160 S. Lipan, appeared before Council on behalf of the applicant.

No further testimony was given and the public hearing was closed.

Council members Teter and Drotar moved and seconded to allow Councilman Johnson to abstain from voting on this case because of a potential conflict of interest.

Council members Drotar and Teter moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-850-06-07.

VOICE VOTE: 7 aye, 1 abstain (Johnson)

Council members Teter and Drotar moved and seconded introduction of Ordinance

Z-850-06-07 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance Z-850-06-07: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO FOR REZONING TO PUD ZONE DISTRICT AND APPROVING A PUD ZONE DOCUMENT WITH CONDITIONS FOR THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF LOCATED AT 6320 KEARNEY STREET, COMMERCE CITY, COLORADO

ROLL CALL VOTE: 7 aye, 1 abstain (Johnson)

Resolution 2008-04/Ordinance AN-215-07/Ordinance Z-862-08

Mayor Natale opened the public hearing for Resolution 2008-04, Ordinance AN-215-07 and Ordinance Z-862-08, three interrelated items.

Planning Manager Chris Cramer presented the cases. He stated that Cab Tech was seeking annexation into the City. Upon approval of the annexation, the applicant seeks approval to rezone the property from ADCO to I-1 then subdivide the property.

The Planning Commission held a public hearing on the rezoning application on January 2, 2008, took testimony and voted (5, O) to forward the request to City Council with a favorable recommendation subject to advisories, and the findings of fact.

City Attorney Bob Gehler questioned Planning Manager Chris Cramer regarding the statutory requirements of this annexation case.

Michael Haider, 450 Decatur St., appeared before Council on behalf of the applicant

Council members Snyder and Drotar moved and seconded to approve Resolution 2008-04

City Attorney Bob Gehler read the title of Resolution 2008-04: RESOLUTION MAKING FINDINGS OF FACT BY THE CITY COUNCIL OF THE CITY OF COMMERCE CITY

AND ITS CONCLUSION RELATIVE TO ELIGIBILITY OF ANNEXATION TO THE CITY OF COMMERCE CITY OF PROPERTY LOCATED AT 8450 ROSEMARY STREET,

COMMERCE CITY, COLORADO IN AN-215-07

VOICE VOTE: Unanimous; all present affirmed

Council members Drotar and Teter moved and seconded introduction of Ordinance

AN-215-07 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance AN-215-07: AN ORDINANCE APPROVING AND ACCOMPLISHING THE ANNEXATION OF CONTIGUOUS UNINCORPORATED TERRITORY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, LOCATED AT 8450 ROSEMARY STREET, COMMERCE CITY, COLORADO

VOICE VOTE: Unanimous; all present affirmed

Council members Snyder and Drotar moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-862-08.

VOICE VOTE: Unanimous; all present affirmed

Council members Drotar and Jaquith moved and seconded introduction of Ordinance

Z-862-08 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance Z-862-08: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO FOR REZONING TO PUD ZONE DISTRICT AND APPROVING A PUD ZONE DOCUMENT WITH CONDITIONS FOR THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF LOCATED AT 6320 KEARNEY STREET, COMMERCE CITY, COLORADO

ROLL CALL VOTE: 8 aye

Council members Drotar and Jaquith moved and seconded to continue the public hearing on Resolution 2008-08 to March 3, 2008.

VOICE VOTE: Unanimous; all present affirmed

ORDINANCES ON FIRST READING

Ordinance 1712

Council members Drotar and Snyder moved and seconded introduction of Ordinance 1712 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance 1712: AN ORDINANCE AMENDING THE 2008 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY APPROPRIATING $200,000 FROM THE IMPACT FEE FUND TO THE PARKS AND RECREATION CAPITAL FUND TO BE USED FOR GRADING AND BALL FIELD UPGRADES AT ELEMENTARY SCHOOL #10 IN THE TURNBERRY AND POTOMAC FARMS SUBDIVISIONS AND AUTHORIZING THE EXPENDITURE THEREOF

ROLL CALL VOTE: 8 aye

Ordinance 1714

Council members Drotar and Johnson moved and seconded introduction of Ordinance 1714 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance 1714: AN ORDINANCE AMENDING SECTION 4-8 OF THE MUNICIPAL CODE OF THE CITY OF COMMERCE CITY BY ADDING THERETO SUBSECTION (b)(2)e TO PROVIDE FOR REGISTRATION BY OWNERS OF PIT BULLS IN ANY NEWLY-ANNEXED AREA IN THE CITY OF COMMERCE CITY

ROLL CALL VOTE: 8 aye

Council members Teter and Drotar moved to allow Councilmember Lewis to change his vote on Ordinance 1714 to a no vote.

VOICE VOTE: Unanimous; all present affirmed

COUNCIL BUSINESS

Executive Session

Council members Drotar and Snyder moved and seconded to go into executive session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators regarding contract negotiations for the city’s towing contract under C.R.S. 24-6-402(4)(e)

VOICE VOTE: Unanimous; all present affirmed

Council entered into executive session at 8:35 p.m. and returned to open session at 9:15 p.m.

REPORTS

Deputy City Manager Tom Acre provided Council with an update on the activities surrounding the recently annexed northern enclave.

ADJOURNMENT:

The meeting adjourned at 9:25 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 February 4, 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 February 4, 2008, at 7:15 p.m. ROLL CALL Present: Mayor Natale, presiding Mayor Pro-Tem Drotar Councilman Benson Councilman Jaquith Councilman Johnson Councilman Lewis Councilwoman Snyder Councilwoman Teter Absent: Councilman McEldowney Staff Reporting: City Attorney Robert Gehler City Manager Jerry Flannery Acting Deputy City Manager Tom Acre Planner Jenny Axmacher Planning Manager Chris Cramer Public Works Director Gregg Clements PLEDGE OF ALLEGIANCE PRESENTATIONS Mayor Natale and City Council presented the Quality Community for a Lifetime checks to the various organizations. Mayor Pro-Tem Drotar read a proclamation declaring February 10, 2008, as College Goal Sunday in Commerce City Council members Snyder and Johnson moved and seconded to approve the proclamation. VOICE VOTE: Unanimous; all present affirmed ADDITIONAL MOTIONS Council members Drotar and Johnson moved and seconded to excuse Council members Snyder and Teter from the special meeting and study session of January 28, 2008. VOICE VOTE: Unanimous; all present affirmed APPROVAL OF MINUTES Council members Jaquith and Johnson moved and seconded allowing Councilman Lewis to abstain from voting on the minutes of the special meeting of January 10, 2008, because of his excused absence. VOICE VOTE: 7 aye, 1 abstention (Lewis) Council members Drotar and Snyder moved and seconded approving the minutes of the study session of November 26, 2007. VOICE VOTE: Unanimous; all present affirmed Council members Teter and Snyder moved and seconded approving the minutes of the regular meeting of December 3, 2007. VOICE VOTE: Unanimous; all present affirmed Council members Drotar and Johnson moved and seconded approving the minutes of the special meeting of December 10, 2007. VOICE VOTE: Unanimous; all present affirmed Council members Drotar and Johnson moved and seconded approving the minutes of the study session of December 10, 2007. VOICE VOTE: Unanimous; all present affirmed Council members Johnson and Teter moved and seconded approving the minutes of the regular meeting of January 7, 2008. VOICE VOTE: Unanimous; all present affirmed Council members Snyder and Drotar moved and seconded approving the minutes of the special meeting of January 10, 2008. VOICE VOTE: 7 aye, 1 abstain (Lewis) CITIZEN COMMUNICATION Bill Jones, no address given, addressed Council regarding the conduct of the Mayor during City Council meetings. Glen Murray, 11010 Havana St., addressed Council on the following matters: signage along 104th Avenue and 120th Avenue on Havana Street, lighting along Highway 2, and public notice of zoning cases. CONSENT AGENDA Mayor Paul Natale read the eight items on the consent agenda. Council members Drotar and Teter moved and seconded approval of the consent agenda. 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 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 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 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 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 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 City Attorney Bob Gehler read the title of Resolution 2008-06: RESOLUTION APPROVING INTERGOVERNMENTAL BETWEEN CITY OF COMMERCE CTY AND BRIGHTON SCHOOL DISTRICT 27J FOR PLACEMENT OF FIBER OPTIC LINE IN COMMERCE CITY RIGHT-OF-WAY City Attorney Bob Gehler read the title of Resolution 2008-09: RESOLUTION DETERMINING THE NECESSITY OF AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY EITHER BY NEGOTIATION OR BY CONDEMNATION FOR RIGHT-OF-WAY IMPROVEMENTS IN THE CITY OF COMMERCE CITY, COLORADO ROLL CALL VOTE: 8 aye PUBLIC HEARINGS Ordinance Z-850-06-07 Mayor Natale opened the public hearing for Ordinance Z-750-06-07 City Planner Jenny Axmacher presented the case. Western Site Services requests Council approval to rezone the property located at 6320 Kearney Street from R-3 to PUD. The Planning Commission held a public hearing on December 4, 2007, took testimony and voted (5, O) to forward the request to City Council with a favorable recommendation subject to conditions, advisories, and the findings of fact. Jerry Jewett, 1160 S. Lipan, appeared before Council on behalf of the applicant. No further testimony was given and the public hearing was closed. Council members Teter and Drotar moved and seconded to allow Councilman Johnson to abstain from voting on this case because of a potential conflict of interest. Council members Drotar and Teter moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-850-06-07. VOICE VOTE: 7 aye, 1 abstain (Johnson) Council members Teter and Drotar moved and seconded introduction of Ordinance Z-850-06-07 by Council as seated and approval of the ordinance on first reading. City Attorney Bob Gehler read the title of Ordinance Z-850-06-07: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO FOR REZONING TO PUD ZONE DISTRICT AND APPROVING A PUD ZONE DOCUMENT WITH CONDITIONS FOR THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF LOCATED AT 6320 KEARNEY STREET, COMMERCE CITY, COLORADO ROLL CALL VOTE: 7 aye, 1 abstain (Johnson) Resolution 2008-04/Ordinance AN-215-07/Ordinance Z-862-08 Mayor Natale opened the public hearing for Resolution 2008-04, Ordinance AN-215-07 and Ordinance Z-862-08, three interrelated items. Planning Manager Chris Cramer presented the cases. He stated that Cab Tech was seeking annexation into the City. Upon approval of the annexation, the applicant seeks approval to rezone the property from ADCO to I-1 then subdivide the property. The Planning Commission held a public hearing on the rezoning application on January 2, 2008, took testimony and voted (5, O) to forward the request to City Council with a favorable recommendation subject to advisories, and the findings of fact. City Attorney Bob Gehler questioned Planning Manager Chris Cramer regarding the statutory requirements of this annexation case. Michael Haider, 450 Decatur St., appeared before Council on behalf of the applicant Council members Snyder and Drotar moved and seconded to approve Resolution 2008-04 City Attorney Bob Gehler read the title of Resolution 2008-04: RESOLUTION MAKING FINDINGS OF FACT BY THE CITY COUNCIL OF THE CITY OF COMMERCE CITY AND ITS CONCLUSION RELATIVE TO ELIGIBILITY OF ANNEXATION TO THE CITY OF COMMERCE CITY OF PROPERTY LOCATED AT 8450 ROSEMARY STREET, COMMERCE CITY, COLORADO IN AN-215-07 VOICE VOTE: Unanimous; all present affirmed Council members Drotar and Teter moved and seconded introduction of Ordinance AN-215-07 by Council as seated and approval of the ordinance on first reading. City Attorney Bob Gehler read the title of Ordinance AN-215-07: AN ORDINANCE APPROVING AND ACCOMPLISHING THE ANNEXATION OF CONTIGUOUS UNINCORPORATED TERRITORY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, LOCATED AT 8450 ROSEMARY STREET, COMMERCE CITY, COLORADO VOICE VOTE: Unanimous; all present affirmed Council members Snyder and Drotar moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-862-08. VOICE VOTE: Unanimous; all present affirmed Council members Drotar and Jaquith moved and seconded introduction of Ordinance Z-862-08 by Council as seated and approval of the ordinance on first reading. City Attorney Bob Gehler read the title of Ordinance Z-862-08: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO FOR REZONING TO PUD ZONE DISTRICT AND APPROVING A PUD ZONE DOCUMENT WITH CONDITIONS FOR THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF LOCATED AT 6320 KEARNEY STREET, COMMERCE CITY, COLORADO ROLL CALL VOTE: 8 aye Council members Drotar and Jaquith moved and seconded to continue the public hearing on Resolution 2008-08 to March 3, 2008. VOICE VOTE: Unanimous; all present affirmed ORDINANCES ON FIRST READING Ordinance 1712 Council members Drotar and Snyder moved and seconded introduction of Ordinance 1712 by Council as seated and approval of the ordinance on first reading. City Attorney Bob Gehler read the title of Ordinance 1712: AN ORDINANCE AMENDING THE 2008 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY APPROPRIATING $200,000 FROM THE IMPACT FEE FUND TO THE PARKS AND RECREATION CAPITAL FUND TO BE USED FOR GRADING AND BALL FIELD UPGRADES AT ELEMENTARY SCHOOL #10 IN THE TURNBERRY AND POTOMAC FARMS SUBDIVISIONS AND AUTHORIZING THE EXPENDITURE THEREOF ROLL CALL VOTE: 8 aye Ordinance 1714 Council members Drotar and Johnson moved and seconded introduction of Ordinance 1714 by Council as seated and approval of the ordinance on first reading. City Attorney Bob Gehler read the title of Ordinance 1714: AN ORDINANCE AMENDING SECTION 4-8 OF THE MUNICIPAL CODE OF THE CITY OF COMMERCE CITY BY ADDING THERETO SUBSECTION (b)(2)e TO PROVIDE FOR REGISTRATION BY OWNERS OF PIT BULLS IN ANY NEWLY-ANNEXED AREA IN THE CITY OF COMMERCE CITY ROLL CALL VOTE: 8 aye Council members Teter and Drotar moved to allow Councilmember Lewis to change his vote on Ordinance 1714 to a no vote. VOICE VOTE: Unanimous; all present affirmed COUNCIL BUSINESS Executive Session Council members Drotar and Snyder moved and seconded to go into executive session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators regarding contract negotiations for the city’s towing contract under C.R.S. 24-6-402(4)(e) VOICE VOTE: Unanimous; all present affirmed Council entered into executive session at 8:35 p.m. and returned to open session at 9:15 p.m. REPORTS Deputy City Manager Tom Acre provided Council with an update on the activities surrounding the recently annexed northern enclave. ADJOURNMENT: The meeting adjourned at 9:25 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. 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