MINUTES

REGULAR MEETING OF

COMMERCE CITY COUNCIL

                                                                                                                         April 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 April 7, 2008, at 7:20 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

Staff Reporting:

City Attorney Robert Gehler

City Manager Jerry Flannery

Planner Jenny Axmacher

PLEDGE OF ALLEGIANCE

The Pledge or Allegiance was recited.

PRESENTATIONS & PROCLAMATIONS

K-9 Vest Presentation:  A K-9 vest was presented to the police department by Jeff Morgan with Grand Poobah.  In turn, the police department presented Mr. Morgan with a plaque.

Recognizing Janice Lopez:  The City Council recognized Janice Lopez for her service to the community.

Adams County Community Development Award:  The City received a City Innovation Award for Derby Façade Renovation 2008.

Recognizing Jessica Osborne:  The City Council recognized Jessica Osborne

Recognizing Heather Grady:  The City Council recognized Heather Grady

Arbor Day Proclamation:  The City Council proclaimed April 19, 2008, as Arbor Day in Commerce City.

Council members McEldowney and Johnson moved and seconded approving the proclamation.

VOICE VOTE:  Unanimous; all present affirmed

APPROVAL OF MINUTES

Council members McEldowney and Teter moved and seconded allowing Mayor Pro-Tem Drotar to abstain from voting on the minutes of the regular meeting of March 3, 2008.

VOICE VOTE:   8 aye, 1 abstention (Drotar)

Council members Teter and Jaquith moved and seconded approving the minutes of the regular meeting of March 3, 2008.

VOICE VOTE:   8 aye, 1 abstention (Drotar)

Council members Drotar and Snyder moved and seconded approving the minutes of the regular meeting of March 17, 2008.

VOICE VOTE:  Unanimous; all present affirmed

CITIZEN COMMUNICATION

Gene Leffel, 6530 Brighton Blvd., announced that the CARZ Club is sponsoring a candidate’s forum for water district candidates. He asked if the club’ allotted use of dumpsters from the city could be used for an alley cleanup at the 7000 block of Krameria.

Bobbie Crall, 6985 E. 68th Pl., stated she had tickets for sale for a pancacke breakfast.

Guillermo Serna, 14122 E. 102nd Pl., talked about the foreclosure problem in Commerce City and asked what the City could do to distribute information to the community.

Kristie Douglas, 10970 Unity Pkwy., invited everyone to the art unveiling and one-year celebration of the civic center.

Adrian Olalde, 7531 Krameria St., asked Council for support to attend the National Junior Young Leaders Conference in Washington DC.     


CONSENT AGENDA

Council members Jaquith and Drotar moved and seconded approving the consent agenda as presented

City Attorney Bob Gehler read the title of Resolution 2008-19: RESOLUTION AMENDING RESOLUTION 2008-01ESTABLISHING POSTING LOCATIONS FOR NOTICES AS REQUIRED BY THE OPEN MEETINGS LAW

ROLL CALL VOTE: 9 aye

PUBLIC HEARINGS

Resolution 2008-11, Ordinance AN-213-08, Ordinance Z-826-05-08, Ordinance Z-870-08

Mayor Natale opened the public hearing on four interrelated items.

Planner Jenny Axmacher testified to the eligibility of the property for annexation. 

The planning commission held a public hearing on the related zoning cases on March 4, 2008, took testimony, and voted (4, 0) to forward the cases to City Council with a favorable recommendation subject to the advisories and findings of fact.

No one from the public came forward to testify and the public hearing portion was closed.

Council members McEldowney and Teter moved and seconded approval of Resolution 2008-11.

City Attorney Bob Gehler read the title of Resolution 2008-11:  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 APPROXIMATELY EAST 72ND AVENUE AND QUEBEC STREET, COMMERCE CITY, COLORADO IN AN-213-08

VOICE VOTE:  Unanimous; all present affirmed

Council members Teter and Drotar moved and seconded introduction of Ordinance AN-213-08 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance AN-213-08:  AN ORDINANCE APPROVING AND ACCOMPLISHING THE ANNEXATION OF CONTIGUOUS UNINCORPORATED TERRITORY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, LOCATED AT APPROXIMATELY EAST 72ND AVENUE AND QUEBEC STREET, COMMERCE CITY, COLORADO

ROLL CALL VOTE:  9 aye

Council members Drotar and Jaquith moved and seconded approval of the findings and recommendations of the planning commission for Case Z-826-05-05

VOICE VOTE:  Unanimous; all present affirmed

Council members Teter and Jaquith moved and seconded introduction of Ordinance Z-826-05-08 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance Z-826-05-08:  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 GENERALLY LOCATED BETWEEN QUEBEC STREET AND QUEBEC PARKWAY FROM 74TH AVENUE NORTH TO APPROXIMATELY 75TH PLACE, COMMERCE CITY, COLORADO

ROLL CALL VOTE:  9 aye

Council members Drotar and Jaquith moved and seconded approval of the findings and recommendations of the planning commission on Case Z-870-08

VOICE VOTE:  Unanimous; all present affirmed

Council members Jaquith and Snyder moved and seconded introduction of Ordinance Z-870-08 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance Z-870-08: 

ROLL CALL VOTE:  9 aye

Ordinance Z-872-08

Mayor Natale opened the public hearing on Ordinance Z-872-08.

Planner Jenny Axmacher presented the case.  The applicant seeks rezoning to come into compliance with current zoning regulations.


The planning commission held a public hearing on March 4, 2008, took testimony and voted (4, 0) to forward the case the City Council with a favorable recommendation subject to findings of fact.

Testimony in Support:

Gladys Gray, 10657 Ura Ln., Northglenn

No one else appeared before Council to testify, and the public hearing portion was closed.

Council members Teter and Drotar moved and seconded approval of the findings and recommendations of the planning commission on Case Z-872-08.

VOICE VOTE:  Unanimous; all present affirmed

Council members McEldowney and Drotar moved and seconded introduction of Ordinance Z-872-08 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance Z-872-08:  AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR REZONING FROM AG TO C-1 ZONE DISTRICT, OF THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT 6707 EAST 80th AVENUE, COMMERCE CITY, COLORADO

ROLL CALL VOTE:  9 aye

Ordinance Z-879-08

Mayor Natale opened the public hearing on Ordinance Z-879-08.

Planner Jenny Axmacher presented the case.

The planning commission held a public hearing on March 4, 2008, took testimony and voted (4, 0) to forward the case the City Council with a favorable recommendation subject to findings of fact.

No one from the public came forward to testify and the public hearing portion was closed.

Council members Jaquith and McEldowney moved and seconded approval of the findings and recommendations of the planning commission on Case Z-879-08.

VOICE VOTE:  Unanimous; all present affirmed

Council members Jaquith and Johnson moved and seconded introduction of Ordinance Z-879-08 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance Z-879-08:  AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR REZONING FROM VARIOUS ZONE DISTRICTS TO PUBLIC ZONE DISTRICT, OF THE PROPERTIES DESCRIBED IN EXHIBITS “A” thru “T” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT VARIOUS LOCATIONS WITHIN COMMERCE CITY, COLORADO

ROLL CALL VOTE:  9 aye

ORDINANCES ON FIRST READING

Ordinance 1721

Council members Drotar and Teter moved and seconded introduction of Ordinance 1721 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance 1721: AN ORDINANCE AMENDING THE 2008 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY APPROPRIATING A PORTION OF THE UNENCUMBERED FUND BALANCE OF THE GENERAL FUND IN THE AMOUNT OF $326,992 AND TRANSFERRING A PORTION OF THE UNENCUMBERED FUND BALANCE IN THE GENERAL FUND TO THE FLEET MANAGEMENT FUND IN THE AMOUNT OF $126,000 FOR A TOTAL AMOUNT OF $452,992 AND REAFFIRMING PRIOR APPROPRIATIONS AND AUTHORIZING THE EXPENDITURES THEREOF

ROLL CALL VOTE:  9 aye

Ordinance 1722

Council members Drotar and Snyder moved and seconded introduction of Ordinance 1722 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance 1722: AN ORDINANCE REPEALING SECTION 12-2 AND AMENDING SECTION 12-3, SECTION 12-4, SECTION 12-5, SECTION 12-6 AND SECTION 12-73 OF THE CODE OF ORDINANCES OF THE CITY OF COMMERCE CITY REGARDING ASSESSMENT OF COURT COSTS BY THE COMMERCE CITYMUNICIPAL COURT AND ASSESSMENT OF FEES AND CHARGES RELATIVE TO THE OPERATIONS OF THE COMMERCE CITY MUNICIPAL COURT

ROLL CALL VOTE:  9 aye


Ordinance 1727

Council members Drotar and Teter moved and seconded introduction of Ordinance 1727 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance 1727:  AN  ORDINANCE  AMENDING  SECTION  20-12-1 AND   REPEALING REGULATION 20-12-1 OF THE CODE OF ORDINANCES OF THE CITY OF COMMERCE CITY AS CODIFIED IN THE COMMERCE CITY SALES AND USE TAX CODE REGARDING AN APPEAL OF A SALES OR USE TAX ASSESSMENT

           

ROLL CALL VOTE: 9 aye

COUNCIL BUSINESS

Executive Session

Council members Drotar and Johnson moved and seconded to enter into an 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 an amendment to the City Manager’s Contract under C.R.S. 24-6-402 (4)(e); and for a conference with the city attorney for the purpose of receiving legal advice with regard to Tri-State Transmission under C.R.S. 24-6-402(xxx)(b); and for discussion of a personnel matter under C.R.S. 24-6-402(2)(f) and not involving:  any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees

VOICE VOTE:  Unanimous; all present affirmed

City Council entered executive session at 9:00 p.m. and returned to the regular meeting at 10:16 p.m.

Amendment to City Manager Contract

Council members Drotar and Teter moved and seconded to amend the city manager’s contract as the city attorney has been directed.

VOICE VOTE:  Unanimous; all present affirmed

Resolution 2008-21

Bill Skews with Capitol Solutions gave a Powerpoint presentation on proposed Senate Bill 164,

Council members Benson and Lewis moved and seconded a resolution to support Senate Bill 164.

Council members Benson and Lewis withdrew their motion.

Council members McEldowney and Snyder moved and seconded to take no position on SB 164

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

REPORTS

There were no reports

ADJOURNMENT:

The meeting adjourned at 10:45 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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