City Council Minutes March 3, 2008

MINUTES

REGULAR MEETING OF

COMMERCE CITY COUNCIL

March 3 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 March 3, 2008, at 7: p.m.

ROLL CALL

Present:

Mayor Natale, presiding

Councilman Benson

Councilman Jaquith

Councilman Johnson

Councilman Lewis

Councilman McEldowney

Councilwoman Snyder

Councilwoman Teter

Absent:

Mayor Pro-Tem Reba Drotar

Staff Reporting:

City Attorney Robert Gehler

City Manager Jerry Flannery

Deputy City Manager Tom Acre

Planning Manager Chris Cramer

PLEDGE OF ALLEGIANCE

ADDITIONAL MOTIONS

Council members Snyder and Johnson moved and seconded to excuse Mayor Pro-Tem Drotar from this meeting due to illness.

VOICE VOTE: Unanimous; all present affirmed

PRESENTATIONS

City Council recognized the recipients of the Metropolitan Mayors and Commissioners Youth Award.

City Council recognized volunteers in the Rebuilding Together Program.

APPROVAL OF MINUTES

Council members Teter and Lewis moved and seconded allowing Councilman McEldowney to abstain from voting on the minutes of the regular meeting of February 4, 2008, because of his excused absence.

VOICE VOTE: 7 aye, 1 abstain (McEldowney)

Council members Johnson and Snyder moved and seconded approving the minutes of the study session of January 14, 2008.

VOICE VOTE: Unanimous; all present affirmed

Council members Johnson and McEldowney moved and seconded approving the minutes of the special meeting of January 14, 2008.

VOICE VOTE: Unanimous; all present affirmed

Council members Teter and Johnson moved and seconded approving the minutes of the regular meeting of February 14, 2008.

VOICE VOTE: 7 aye, 1 abstain (McEldowney)

ADDITIONAL MOTIONS

Council members Snyder and Jaquith moved and seconded to amend the agenda by moving the first and second reading ordinances and annexation action plan update immediately after citizen communication.

VOICE VOTE: Unanimous; all present affirmed

CITIZEN COMMUNICATION

Joy Bishop, 6491 Glencoe St., thought the Immigrant Integration Coalition Steering Committee was treated negatively by Council at the last City Council meeting.

Glen Murray, 11010 Havana St., expressed concern over the non-city agency grant process.

David Pocs, 9550 E. 112th Pl., thanked the Mayor for his recent visit to a local elementary school.

ORDINANCES ON FIRST READING

Ordinance 1717

Council members Snyder and Teter moved and seconded introduction of Ordinance 1717 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance 1717: AN ORDINANCE AMENDING THE 2008 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY APPROPRIATING $1,705,000 FROM THE PARKS IMPACT FEE FUND TO THE PARKS AND RECREATION CAPITAL FUND TO BE USED FOR THE DEVELOPMENT OF A SERIES OF TRAILS THAT WILL CONNECT THE NORTH AND SOUTH SIDES OF 104TH AVENUE AND AUTHORIZING THE EXPENDITURE THEREOF

ROLL CALL VOTE: 8 aye

ORDINANCES ON SECOND READING

Ordinance 1714

Council members Teter 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: 7 aye, 1 nay (Lewis)

COUNCIL BUSINESS

Deputy City Manager Tom Acre provided Council with an annexation action plan update.

CONSENT AGENDA

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

Council members McEldowney and Johnson moved and seconded approval of the consent agenda.

Councilman Benson requested removing Resolution 2008-07 from the consent agenda for a separate vote.

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

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

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

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 FROM ADCO I-1TO I-1 ZONE DISTRICT, OF THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT 8450 ROSEMARY STREET, COMMERCE CITY, COLORADO

City Attorney Bob Gehler read the title of Resolution 2008-07: RESOLUTION CONCERNING TIME AND PLACE OF MEETING OF THE CITY COUNCIL

City Attorney Bob Gehler read the title of Resolution 2008-08: RESOLUTION APPROVING SUBDIVISION PLAT IN CASE #S-523-08

City Attorney Bob Gehler read the title of Resolution 2008-10: RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION AND SETTING A PUBLIC HEARING TO DETERMINE IF THE PROPOSED ANNEXATION COMPLIES WITH STATUTORY REQUIREMENTS FOR SUCH ANNEXATION AN-213-08

City Attorney Bob Gehler read the title of Resolution 2008-12: RESOLUTION OF THE CITY COUNCIL OF THECITY OF COMMERCE CITY, COLORADO EXPRESSING SYMPATHTY TO THE FAMILIES, FRIENDS AND CO-WORKERS OFTHE CITY OFFICIALS SLAIN IN KIRKWOOD, MISSOURI AND CONDEMNING THE VIOLENCE

City Attorney Bob Gehler read the title of Resolution 2008-13: RESOLUTION OF THE CITY COUNCIL OF THECITY OF COMMERCE CITY, COLORADO SUPPORTING THE PRAIRIE GATEWAY LOOP TRAIL GRANT APPLICATION TO GREAT OUTDOORS COLORADO (GOCO)

Council member Benson asked to remove Resolution 2008-07 from the consent agenda for further discussion.

ROLL CALL VOTE ON CONSENT AGENDA WITHOUT RESOLUTION 2008-07: 8 aye

Council members Snyder and Johnson moved and seconded approval of Resolution 2008-07.

After Council discussion, Council members Snyder and Teter agreed to amend the original motion to approve Resolution 2008-07, paragraph 4 has been amended by inserting the word also on the second to last line of paragraph 4, so it states shall also include electronic delivery or posting on a computer, etc.

VOICE VOTE: 7 aye, 1 nay (Benson)

Council recessed from 8:15 p.m. to 8:25 p.m.

PUBLIC HEARINGS

Ordinance Z-878-08

Mayor Natale opened the public hearing for Ordinance Z-878-08

Planning Manager Chris Cramer presented the case.

The Planning Commission held a public hearing on February 5, 2008, took testimony and voted (5, O) to forward the request to City Council subject to conditions, advisories, and findings of fact.

Properties owners who testified:

Patty Unrein, 10495 E. 112th Ave., supports planning commission recommendation

Ryan Call with Zak Atherton supports planning commission recommendation

Glen Murray, 11010 Havana St., supports planning commission recommendation

Billy Gruenwald, 11100 E. 108th Ave. supports planning commission recommendation

Ryan Call, on behalf of Aigaki Family, no address provided, supports planning commission recommendation

Matt Small, 11090 Moline St., supports planning commission recommendation

Council members Teter and Johnson moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-878-08.

VOICE VOTE: Unanimous; all present affirmed

Council members McEldowney and Johnson moved and seconded introduction of Ordinance Z-878-08 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance Z-878-08: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR ANNEXATION ZONING FROM VARIOUS ADCO DESIGNATIONS TO COMMERCE CITY I-1, R-1, R-3, AG, PUBLIC, AND C-3 ZONE DISTRICTS, AS SHOWN ON EXHIBIT “A” ATTACHED HERTO AND MADE A PART HEREOF, OF THE PROPERTY DESCRIBED ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF, AND GENERALLY BOUNDED ON THE WEST BY UNION PACIFIC RAILROAD, LIMA STREET ON THE EAST, 112th AVENUE ON THE NORTH AND I-76 ON THE SOUTH, COMMERCE CITY, COLORADO

ROLL CALL VOTE: 8 aye

Ordinance Z-876-08

Mayor Natale opened the public hearing for Ordinance Z-876-08

Planning Manager Chris Cramer presented the case.

The Planning Commission held a public hearing on February 5, 2008, took testimony and voted (5, O) to forward the request to City Council subject to conditions, advisories, and findings of fact.

Property owners who testified:

Dale Westbrook, 10275 E. 106th Ave, supports I-3 recommendation

Griff Bell, 9985 E. 104th, supports I-3 recommendation

Glen Murray, 11010 Havana St, supports planning commission recommendation

John Kuchar, 10360 E. 106th Ave., supports I-3 recommendation

Bryan Hillsley, 10300 E. 107th Pl., supports planning commission recommendation

Richard Schmidt, 10500 Havana Ct., supports planning commission recommendation

Ryan Call, Zak Atherton, on behalf of Lark & Lark, 9600 E. 104th, opposed I-2 zoning and requests I-3 zoning

Council members McEldowney and Teter moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-876-08 with the exceptions of parcel 40 and 41 being granted I-3 zoning.

VOICE VOTE: Unanimous; all present affirmed

Council members Teter and Johnson moved and seconded introduction of Ordinance Z-876-08 by Council as seated and approval of the ordinance on first reading with the exception of lots 40 and 41 from I-2 to I-3 and changing the PUD from Adams County to Commerce City

City Attorney Bob Gehler read the title of Ordinance Z-876-08: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR ANNEXATION ZONING FROM VARIOUS ADCO DESIGNATIONS TO COMMERCE CITY I-2, I-3, PUBLIC, AND PUD ZONE DISTRICTS, AS SHOWN ON EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, OF THE PROPERTY DESCRIBED ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED APPROXIMATELY NORTH OF I-76 TO 108TH AVENUE, WEST OF HAVANA STREET, AND EAST OF THE UNION PACIFIC RAILROAD COMMERCE CITY, COLORADO

ROLL CALL VOTE: 8 aye

Ordinance Z-875-08

Mayor Natale opened the public hearing for Ordinance Z-875-08

Planning Manager Chris Cramer presented the case.

The Planning Commission held a public hearing on February 5, 2008, took testimony and voted (5, O) to forward the request to City Council subject to conditions, advisories, and findings of fact.

Property owners who testified:

Rita Connerly, 1700 Lincoln St #2400, Denver, CO, on behalf of Precast Concepts, support I-3 zoning

Brian Cook, 9405 Alton Ct., support planning commission recommendations

Dale Hayes, 9740 Emporia St., requests I-3 zoning

Michael Rhorer, 10051 Dallas St., requests I-3 zoning

Ray Ruppert, 54 Washington St., Denver, CO, support planning commission recommendation

Paul DeAndrea, 9630 Dallas St., support planning commission recommendation

Ryan Call, Zakem Atheron Law Firm, representing Pavestone Company LP, 9401 E. 96th Ave., request I-3 zoning

Council members Jaquith and Lewis moved that the proper zoning for this case is I-3 for all properties.

VOICE VOTE: Unanimous; all present affirmed

Council members McEldowney and Teter moved and seconded introduction of Ordinance Z-875-08 by Council as seated and approval of the ordinance on first reading amended to show all I-3 zoning.

City Attorney Bob Gehler read the title of Ordinance Z-875-08: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR ANNEXATION ZONING FROM VARIOUS ADCO DESIGNATIONS TO COMMERCE CITY I-3 ZONE DISTRICTS, AS SHOWN ON EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, OF THE PROPERTY DESCRIBED ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF, AND GENERALLY BOUNDED ON THE SOUTH BY 92ND AVENUE, HAVANA STREET ON THE EAST, I-76 ON THE NORTH, AND UNION PACIFIC RAILROAD ON THE WEST, COMMERCE CITY, COLORADO

ROLL CALL VOTE: 8 aye

Council recessed from 10:03 p.m to 10:10 p.m.

Ordinance Z-874-08

Mayor Natale opened the public hearing for Ordinance Z-874-08

Planning Manager Chris Cramer presented the case.

The Planning Commission held a public hearing on February 5, 2008, took testimony and voted (5, O) to forward the request to City Council subject to conditions, advisories, and findings of fact.

Properties owners who testified:

Tom Wielde, 8910 E. 89th Ave., requests I-3 zoning

Rob Rossi, 8901 Yosemite, support planning commission recommendation

Charles Foster, 5600 S. Quebec, representing Hastings Family Trust, support planning commission recommendation

Council members McEldowney and Jaquith moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-874-08, with the exception of lot 12 to be granted I-3 zoning.

VOICE VOTE: Unanimous; all present affirmed

Council members Teter and McEldowney moved and seconded introduction of Ordinance Z-874-08 by Council as seated and approval of the ordinance on first reading with the exception of lot 12 to be zoned I-3.

City Attorney Bob Gehler read the title of Ordinance Z-874-08: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR ANNEXATION ZONING FROM VARIOUS ADCO DESIGNATIONS TO COMMERCE CITY I-1, I-2, I-3, AND PUBLIC ZONE DISTRICTS, AS SHOWN ON EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, OF THE PROPERTY DESCRIBED ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF, AND GENERALLY BOUNDED ON THE SOUTH BY 88TH AVENUE, HIGHWAY 2 ON THE EAST, HEINZE WAY ON THE NORTH, AND UNION PACIFIC RAILROAD ON THE WEST, COMMERCE CITY, COLORADO

ROLL CALL VOTE: 8 aye

Ordinance Z-873-08

Mayor Natale opened the public hearing for Ordinance Z-873-08

Planning Manager Chris Cramer presented the case.

The Planning Commission held a public hearing on February 5, 2008, took testimony and voted (5, O) to forward the request to City Council subject to conditions, advisories, and findings of fact.

Properties owners who testified:

Dean Frazell, 8786 Ulster, support planning commission recommendation

Violet Frazell, 8786 Ulster, support planning commission recommendation

Ira Daigle, 2069 Matthews, Ft. Lupton, owns mobile home park, support planning commission recommendation

Council members Teter and Johnson moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-873-08.

VOICE VOTE: Unanimous; all present affirmed

Council members Snyder and Jaquith moved and seconded introduction of Ordinance Z-873-08 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance Z-873-08: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR ANNEXATION ZONING FROM VARIOUS ADCO DESIGNATIONS TO COMMERCE CITY AG, R-1, AND I-1 ZONE DISTRICTS, AS SHOWN ON EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, OF THE PROPERTY DESCRIBED ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF, AND GENERALLY BOUNDED ON THE NORTH BY 88TH AVENUE, HIGHWAY 2 ON THE EAST, AND TAMARAC STREET TO THE WEST, COMMERCE CITY, COLORADO

ROLL CALL VOTE: 8 aye

Ordinance Z-877-08

Mayor Natale opened the public hearing for Ordinance Z-877-08

Planning Manager Chris Cramer presented the case.

The Planning Commission held a public hearing on February 5, 2008, took testimony and voted (5, O) to forward the request to City Council subject to conditions, advisories, and findings of fact.

No public testimony given

Council members Johnson and McEldowney moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-877-08.

VOICE VOTE: Unanimous; all present affirmed

Council members McEldowney and Johnson moved and seconded introduction of Ordinance Z-877-08 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance Z-877-08: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR ANNEXATION ZONING FROM ADCO TO COMMERCE CITY AGRICULTURAL (AG) OF THE PROPERTY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT 10561 EAST 104TH AVE; 10000 HAVANA STREET; AND 10020 HAVANA STREET, COMMERCE CITY, COLORADO

ROLL CALL VOTE: 8 aye

COUNCIL BUSINESS

Amendment to the City Manager’s Contract

Council members Snyder and McEldowney moved to continue the amendment to the city manager’s contract discussion to April 2, 2008

REPORTS

No reports given.

ADJOURNMENT:

The meeting adjourned at 10:55 p.m.

CITY OF COMMERCE CITY ATTEST

_________________________ ___________________________

Paul Natale, Mayor Laura J. Bauer, City Clerk

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MINUTES REGULAR MEETING OF COMMERCE CITY COUNCIL March 3 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 March 3, 2008, at 7: p.m. ROLL CALL Present: Mayor Natale, presiding Councilman Benson Councilman Jaquith Councilman Johnson Councilman Lewis Councilman McEldowney Councilwoman Snyder Councilwoman Teter Absent: Mayor Pro-Tem Reba Drotar Staff Reporting: City Attorney Robert Gehler City Manager Jerry Flannery Deputy City Manager Tom Acre Planning Manager Chris Cramer PLEDGE OF ALLEGIANCE ADDITIONAL MOTIONS Council members Snyder and Johnson moved and seconded to excuse Mayor Pro-Tem Drotar from this meeting due to illness. VOICE VOTE: Unanimous; all present affirmed PRESENTATIONS City Council recognized the recipients of the Metropolitan Mayors and Commissioners Youth Award. City Council recognized volunteers in the Rebuilding Together Program. APPROVAL OF MINUTES Council members Teter and Lewis moved and seconded allowing Councilman McEldowney to abstain from voting on the minutes of the regular meeting of February 4, 2008, because of his excused absence. VOICE VOTE: 7 aye, 1 abstain (McEldowney) Council members Johnson and Snyder moved and seconded approving the minutes of the study session of January 14, 2008. VOICE VOTE: Unanimous; all present affirmed Council members Johnson and McEldowney moved and seconded approving the minutes of the special meeting of January 14, 2008. VOICE VOTE: Unanimous; all present affirmed Council members Teter and Johnson moved and seconded approving the minutes of the regular meeting of February 14, 2008. VOICE VOTE: 7 aye, 1 abstain (McEldowney) ADDITIONAL MOTIONS Council members Snyder and Jaquith moved and seconded to amend the agenda by moving the first and second reading ordinances and annexation action plan update immediately after citizen communication. VOICE VOTE: Unanimous; all present affirmed CITIZEN COMMUNICATION Joy Bishop, 6491 Glencoe St., thought the Immigrant Integration Coalition Steering Committee was treated negatively by Council at the last City Council meeting. Glen Murray, 11010 Havana St., expressed concern over the non-city agency grant process. David Pocs, 9550 E. 112th Pl., thanked the Mayor for his recent visit to a local elementary school. ORDINANCES ON FIRST READING Ordinance 1717 Council members Snyder and Teter moved and seconded introduction of Ordinance 1717 by Council as seated and approval of the ordinance on first reading. City Attorney Bob Gehler read the title of Ordinance 1717: AN ORDINANCE AMENDING THE 2008 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY APPROPRIATING $1,705,000 FROM THE PARKS IMPACT FEE FUND TO THE PARKS AND RECREATION CAPITAL FUND TO BE USED FOR THE DEVELOPMENT OF A SERIES OF TRAILS THAT WILL CONNECT THE NORTH AND SOUTH SIDES OF 104TH AVENUE AND AUTHORIZING THE EXPENDITURE THEREOF ROLL CALL VOTE: 8 aye ORDINANCES ON SECOND READING Ordinance 1714 Council members Teter 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: 7 aye, 1 nay (Lewis) COUNCIL BUSINESS Deputy City Manager Tom Acre provided Council with an annexation action plan update. CONSENT AGENDA Mayor Paul Natale read the nine items on the consent agenda. Council members McEldowney and Johnson moved and seconded approval of the consent agenda. Councilman Benson requested removing Resolution 2008-07 from the consent agenda for a separate vote. 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 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 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 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 FROM ADCO I-1TO I-1 ZONE DISTRICT, OF THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT 8450 ROSEMARY STREET, COMMERCE CITY, COLORADO City Attorney Bob Gehler read the title of Resolution 2008-07: RESOLUTION CONCERNING TIME AND PLACE OF MEETING OF THE CITY COUNCIL City Attorney Bob Gehler read the title of Resolution 2008-08: RESOLUTION APPROVING SUBDIVISION PLAT IN CASE #S-523-08 City Attorney Bob Gehler read the title of Resolution 2008-10: RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION AND SETTING A PUBLIC HEARING TO DETERMINE IF THE PROPOSED ANNEXATION COMPLIES WITH STATUTORY REQUIREMENTS FOR SUCH ANNEXATION AN-213-08 City Attorney Bob Gehler read the title of Resolution 2008-12: RESOLUTION OF THE CITY COUNCIL OF THECITY OF COMMERCE CITY, COLORADO EXPRESSING SYMPATHTY TO THE FAMILIES, FRIENDS AND CO-WORKERS OFTHE CITY OFFICIALS SLAIN IN KIRKWOOD, MISSOURI AND CONDEMNING THE VIOLENCE City Attorney Bob Gehler read the title of Resolution 2008-13: RESOLUTION OF THE CITY COUNCIL OF THECITY OF COMMERCE CITY, COLORADO SUPPORTING THE PRAIRIE GATEWAY LOOP TRAIL GRANT APPLICATION TO GREAT OUTDOORS COLORADO (GOCO) Council member Benson asked to remove Resolution 2008-07 from the consent agenda for further discussion. ROLL CALL VOTE ON CONSENT AGENDA WITHOUT RESOLUTION 2008-07: 8 aye Council members Snyder and Johnson moved and seconded approval of Resolution 2008-07. After Council discussion, Council members Snyder and Teter agreed to amend the original motion to approve Resolution 2008-07, paragraph 4 has been amended by inserting the word also on the second to last line of paragraph 4, so it states shall also include electronic delivery or posting on a computer, etc. VOICE VOTE: 7 aye, 1 nay (Benson) Council recessed from 8:15 p.m. to 8:25 p.m. PUBLIC HEARINGS Ordinance Z-878-08 Mayor Natale opened the public hearing for Ordinance Z-878-08 Planning Manager Chris Cramer presented the case. The Planning Commission held a public hearing on February 5, 2008, took testimony and voted (5, O) to forward the request to City Council subject to conditions, advisories, and findings of fact. Properties owners who testified: Patty Unrein, 10495 E. 112th Ave., supports planning commission recommendation Ryan Call with Zak Atherton supports planning commission recommendation Glen Murray, 11010 Havana St., supports planning commission recommendation Billy Gruenwald, 11100 E. 108th Ave. supports planning commission recommendation Ryan Call, on behalf of Aigaki Family, no address provided, supports planning commission recommendation Matt Small, 11090 Moline St., supports planning commission recommendation Council members Teter and Johnson moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-878-08. VOICE VOTE: Unanimous; all present affirmed Council members McEldowney and Johnson moved and seconded introduction of Ordinance Z-878-08 by Council as seated and approval of the ordinance on first reading. City Attorney Bob Gehler read the title of Ordinance Z-878-08: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR ANNEXATION ZONING FROM VARIOUS ADCO DESIGNATIONS TO COMMERCE CITY I-1, R-1, R-3, AG, PUBLIC, AND C-3 ZONE DISTRICTS, AS SHOWN ON EXHIBIT “A” ATTACHED HERTO AND MADE A PART HEREOF, OF THE PROPERTY DESCRIBED ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF, AND GENERALLY BOUNDED ON THE WEST BY UNION PACIFIC RAILROAD, LIMA STREET ON THE EAST, 112th AVENUE ON THE NORTH AND I-76 ON THE SOUTH, COMMERCE CITY, COLORADO ROLL CALL VOTE: 8 aye Ordinance Z-876-08 Mayor Natale opened the public hearing for Ordinance Z-876-08 Planning Manager Chris Cramer presented the case. The Planning Commission held a public hearing on February 5, 2008, took testimony and voted (5, O) to forward the request to City Council subject to conditions, advisories, and findings of fact. Property owners who testified: Dale Westbrook, 10275 E. 106th Ave, supports I-3 recommendation Griff Bell, 9985 E. 104th, supports I-3 recommendation Glen Murray, 11010 Havana St, supports planning commission recommendation John Kuchar, 10360 E. 106th Ave., supports I-3 recommendation Bryan Hillsley, 10300 E. 107th Pl., supports planning commission recommendation Richard Schmidt, 10500 Havana Ct., supports planning commission recommendation Ryan Call, Zak Atherton, on behalf of Lark & Lark, 9600 E. 104th, opposed I-2 zoning and requests I-3 zoning Council members McEldowney and Teter moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-876-08 with the exceptions of parcel 40 and 41 being granted I-3 zoning. VOICE VOTE: Unanimous; all present affirmed Council members Teter and Johnson moved and seconded introduction of Ordinance Z-876-08 by Council as seated and approval of the ordinance on first reading with the exception of lots 40 and 41 from I-2 to I-3 and changing the PUD from Adams County to Commerce City City Attorney Bob Gehler read the title of Ordinance Z-876-08: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR ANNEXATION ZONING FROM VARIOUS ADCO DESIGNATIONS TO COMMERCE CITY I-2, I-3, PUBLIC, AND PUD ZONE DISTRICTS, AS SHOWN ON EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, OF THE PROPERTY DESCRIBED ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED APPROXIMATELY NORTH OF I-76 TO 108TH AVENUE, WEST OF HAVANA STREET, AND EAST OF THE UNION PACIFIC RAILROAD COMMERCE CITY, COLORADO ROLL CALL VOTE: 8 aye Ordinance Z-875-08 Mayor Natale opened the public hearing for Ordinance Z-875-08 Planning Manager Chris Cramer presented the case. The Planning Commission held a public hearing on February 5, 2008, took testimony and voted (5, O) to forward the request to City Council subject to conditions, advisories, and findings of fact. Property owners who testified: Rita Connerly, 1700 Lincoln St #2400, Denver, CO, on behalf of Precast Concepts, support I-3 zoning Brian Cook, 9405 Alton Ct., support planning commission recommendations Dale Hayes, 9740 Emporia St., requests I-3 zoning Michael Rhorer, 10051 Dallas St., requests I-3 zoning Ray Ruppert, 54 Washington St., Denver, CO, support planning commission recommendation Paul DeAndrea, 9630 Dallas St., support planning commission recommendation Ryan Call, Zakem Atheron Law Firm, representing Pavestone Company LP, 9401 E. 96th Ave., request I-3 zoning Council members Jaquith and Lewis moved that the proper zoning for this case is I-3 for all properties. VOICE VOTE: Unanimous; all present affirmed Council members McEldowney and Teter moved and seconded introduction of Ordinance Z-875-08 by Council as seated and approval of the ordinance on first reading amended to show all I-3 zoning. City Attorney Bob Gehler read the title of Ordinance Z-875-08: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR ANNEXATION ZONING FROM VARIOUS ADCO DESIGNATIONS TO COMMERCE CITY I-3 ZONE DISTRICTS, AS SHOWN ON EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, OF THE PROPERTY DESCRIBED ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF, AND GENERALLY BOUNDED ON THE SOUTH BY 92ND AVENUE, HAVANA STREET ON THE EAST, I-76 ON THE NORTH, AND UNION PACIFIC RAILROAD ON THE WEST, COMMERCE CITY, COLORADO ROLL CALL VOTE: 8 aye Council recessed from 10:03 p.m to 10:10 p.m. Ordinance Z-874-08 Mayor Natale opened the public hearing for Ordinance Z-874-08 Planning Manager Chris Cramer presented the case. The Planning Commission held a public hearing on February 5, 2008, took testimony and voted (5, O) to forward the request to City Council subject to conditions, advisories, and findings of fact. Properties owners who testified: Tom Wielde, 8910 E. 89th Ave., requests I-3 zoning Rob Rossi, 8901 Yosemite, support planning commission recommendation Charles Foster, 5600 S. Quebec, representing Hastings Family Trust, support planning commission recommendation Council members McEldowney and Jaquith moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-874-08, with the exception of lot 12 to be granted I-3 zoning. VOICE VOTE: Unanimous; all present affirmed Council members Teter and McEldowney moved and seconded introduction of Ordinance Z-874-08 by Council as seated and approval of the ordinance on first reading with the exception of lot 12 to be zoned I-3. City Attorney Bob Gehler read the title of Ordinance Z-874-08: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR ANNEXATION ZONING FROM VARIOUS ADCO DESIGNATIONS TO COMMERCE CITY I-1, I-2, I-3, AND PUBLIC ZONE DISTRICTS, AS SHOWN ON EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, OF THE PROPERTY DESCRIBED ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF, AND GENERALLY BOUNDED ON THE SOUTH BY 88TH AVENUE, HIGHWAY 2 ON THE EAST, HEINZE WAY ON THE NORTH, AND UNION PACIFIC RAILROAD ON THE WEST, COMMERCE CITY, COLORADO ROLL CALL VOTE: 8 aye Ordinance Z-873-08 Mayor Natale opened the public hearing for Ordinance Z-873-08 Planning Manager Chris Cramer presented the case. The Planning Commission held a public hearing on February 5, 2008, took testimony and voted (5, O) to forward the request to City Council subject to conditions, advisories, and findings of fact. Properties owners who testified: Dean Frazell, 8786 Ulster, support planning commission recommendation Violet Frazell, 8786 Ulster, support planning commission recommendation Ira Daigle, 2069 Matthews, Ft. Lupton, owns mobile home park, support planning commission recommendation Council members Teter and Johnson moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-873-08. VOICE VOTE: Unanimous; all present affirmed Council members Snyder and Jaquith moved and seconded introduction of Ordinance Z-873-08 by Council as seated and approval of the ordinance on first reading. City Attorney Bob Gehler read the title of Ordinance Z-873-08: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR ANNEXATION ZONING FROM VARIOUS ADCO DESIGNATIONS TO COMMERCE CITY AG, R-1, AND I-1 ZONE DISTRICTS, AS SHOWN ON EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, OF THE PROPERTY DESCRIBED ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF, AND GENERALLY BOUNDED ON THE NORTH BY 88TH AVENUE, HIGHWAY 2 ON THE EAST, AND TAMARAC STREET TO THE WEST, COMMERCE CITY, COLORADO ROLL CALL VOTE: 8 aye Ordinance Z-877-08 Mayor Natale opened the public hearing for Ordinance Z-877-08 Planning Manager Chris Cramer presented the case. The Planning Commission held a public hearing on February 5, 2008, took testimony and voted (5, O) to forward the request to City Council subject to conditions, advisories, and findings of fact. No public testimony given Council members Johnson and McEldowney moved and seconded approval of the findings and recommendations of the Planning Commission for Case No. Z-877-08. VOICE VOTE: Unanimous; all present affirmed Council members McEldowney and Johnson moved and seconded introduction of Ordinance Z-877-08 by Council as seated and approval of the ordinance on first reading. City Attorney Bob Gehler read the title of Ordinance Z-877-08: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR ANNEXATION ZONING FROM ADCO TO COMMERCE CITY AGRICULTURAL (AG) OF THE PROPERTY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT 10561 EAST 104TH AVE; 10000 HAVANA STREET; AND 10020 HAVANA STREET, COMMERCE CITY, COLORADO ROLL CALL VOTE: 8 aye COUNCIL BUSINESS Amendment to the City Manager’s Contract Council members Snyder and McEldowney moved to continue the amendment to the city manager’s contract discussion to April 2, 2008 REPORTS No reports given. ADJOURNMENT: The meeting adjourned at 10:55 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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