City Council Regular Meeting May 5, 2008

MINUTES

REGULAR MEETING OF

COMMERCE CITY COUNCIL

May 5, 2008

CALL TO ORDER

A regular meeting of the City Council of the City of Commerce City was called to order by Acting Mayor Tracey Snyder on May 5, 2008, at 7:00 p.m. Due to the excused absence of both Mayor Natale and Mayor Pro-Tem Drotar from the April 21, 2008, meeting Acting Mayor Tracey Snyder was asked to preside over this meeting.

ROLL CALL

Present:

Mayor Natale

Mayor Pro-Tem Drotar

Councilman Benson

Councilman Jaquith

Councilman Johnson

Councilman Lewis

Councilman McEldowney

Councilwoman Snyder - presiding

Councilwoman Teter

Staff Reporting:

City Attorney Robert Gehler

City Manager Jerry Flannery

Finance Director Roger Tinklenberg

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was recited.

APPROVAL OF MINUTES

Council members McEldowney and Johnson moved and seconded allowing Mayor Natale and Mayor Pro-Tem Drotar to abstain from voting on the regular meeting minutes of April 21, 2008, because of their excused absence.

VOICE VOTE: 7 aye, 2 abstain (Natale, Drotar)

Council members McEldowney and Drotar moved and seconded approving the minutes of the special meeting of March 24, 2008.

VOICE VOTE: Unanimous; all present affirmed

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

VOICE VOTE: Unanimous; all present affirmed

Council members McEldowney and Johnson moved and seconded approving the minutes of the regular meeting of April 21, 2008.

VOICE VOTE: 7 aye, 2 abstain (Natale, Drotar)

PROCLAMATIONS

Proclamation – May 2008 Mental Health Month in Commerce City

Council members Drotar and McEldowney moved and seconded proclaiming May 2008, as Mental Health Month in Commerce City.

VOICE VOTE: Unanimous; all present affirmed

CITIZEN COMMUNICATION

Kathy Teter, 9758 Laredo #31A, introduced Corporal Jeremy Palmer from Commerce City and thanked him for his service to the country.

Gene Leffel, 6530 Brighton Blvd., reported on several property clean-ups in the community and offered to donate the proceeds of the scrap metal to the City.

Joey Bishop, no address provided, used her three minutes for audience introduction.

Bobbie Crall, 6985 E. 68th Pl., expressed concerns about the handicap parking being located so far from the door from the building.

CONSENT AGENDA

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

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

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 AVE NORTH TO APPROXIMATELY 75TH PLACE, CCOMMERCE CITY, COLORADO

City Attorney Bob Gehler read the title of Ordinance Z-870-08: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR REZONING FROM ADCO A-3 TO COMMERCE CITY PUBLIC ZONE DISTRICT, OF THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT 7400 QUEBEC STREET, COMMERCE CITY, COLORADO

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

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

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

City Attorney Bob Gehler read the title of Resolution 2008-20: RESOLUTION AMENDING THE DIRECTORY OF CITY FEES AND CHARGES

Council member Jaquith and Lewis moved and seconded removing Resolution 2008-24 from the consent agenda to be voted on separately.

ROLL CALL VOTE ON CONSENT AGENDA WITHOUT RESOLUTION 2008-24: Unanimous; all present affirmed

Council members Jaquith and Drotar moved and seconded approval of Resolution 2008-24.

City Attorney Bob Gehler read the title of Resolution 2008-24 and the names of each member appointed: RESOLUTION APPOINTING MEMBERS TO DESIGNATED BOARDS AND COMMISSIONS OF COMMERCE CITY

VOICE VOTE: 8 aye, 1 nay (Lewis)

ORDINANCES ON SECOND READING

Ordinance 1721

Council members Drotar and Johnson moved and seconded continuing Ordinance 1721 to May 19, 2008.

ROLL CALL VOTE: 9 aye

COUNCIL BUSINESS

Agreed Upon Procedures Audit

Finance Director Roger Tinklenberg introduced Auditor Kim Higgins of Gordon Hughes and Banks to propose to Council a letter of agreement with the auditing company to conduct a special audit to review travel expenditures and purchasing card expenditures.

Council members McEldowney and Natale moved and seconded approving a letter of agreement with Gordon, Hughes & Banks.

VOICE VOTE: Unanimous; all present affirmed

Executive Session

Council members Natale and Johnson moved and seconded to go into executive session for a conference with the city attorney for the purpose of receiving legal advice on City Council and staff relationship under C.R.S. 24-6-402(4)(b).

Council came back to the regular meeting at 8:40 p.m.

REPORTS

No reports.

ADJOURNMENT:

The meeting adjourned at 8:50 p.m.

CITY OF COMMERCE CITY ATTEST

_________________________ ___________________________

Tracey Snyder, Acting 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 May 5, 2008 CALL TO ORDER A regular meeting of the City Council of the City of Commerce City was called to order by Acting Mayor Tracey Snyder on May 5, 2008, at 7:00 p.m. Due to the excused absence of both Mayor Natale and Mayor Pro-Tem Drotar from the April 21, 2008, meeting Acting Mayor Tracey Snyder was asked to preside over this meeting. ROLL CALL Present: Mayor Natale Mayor Pro-Tem Drotar Councilman Benson Councilman Jaquith Councilman Johnson Councilman Lewis Councilman McEldowney Councilwoman Snyder - presiding Councilwoman Teter Staff Reporting: City Attorney Robert Gehler City Manager Jerry Flannery Finance Director Roger Tinklenberg PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. APPROVAL OF MINUTES Council members McEldowney and Johnson moved and seconded allowing Mayor Natale and Mayor Pro-Tem Drotar to abstain from voting on the regular meeting minutes of April 21, 2008, because of their excused absence. VOICE VOTE: 7 aye, 2 abstain (Natale, Drotar) Council members McEldowney and Drotar moved and seconded approving the minutes of the special meeting of March 24, 2008. VOICE VOTE: Unanimous; all present affirmed Council members Johnson and McEldowney moved and seconded approving the minutes of the special meeting of April 14, 2008. VOICE VOTE: Unanimous; all present affirmed Council members McEldowney and Johnson moved and seconded approving the minutes of the regular meeting of April 21, 2008. VOICE VOTE: 7 aye, 2 abstain (Natale, Drotar) PROCLAMATIONS Proclamation – May 2008 Mental Health Month in Commerce City Council members Drotar and McEldowney moved and seconded proclaiming May 2008, as Mental Health Month in Commerce City. VOICE VOTE: Unanimous; all present affirmed CITIZEN COMMUNICATION Kathy Teter, 9758 Laredo #31A, introduced Corporal Jeremy Palmer from Commerce City and thanked him for his service to the country. Gene Leffel, 6530 Brighton Blvd., reported on several property clean-ups in the community and offered to donate the proceeds of the scrap metal to the City. Joey Bishop, no address provided, used her three minutes for audience introduction. Bobbie Crall, 6985 E. 68th Pl., expressed concerns about the handicap parking being located so far from the door from the building. CONSENT AGENDA Council members Drotar and Teter moved and seconded approving the consent agenda as presented. 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 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 AVE NORTH TO APPROXIMATELY 75TH PLACE, CCOMMERCE CITY, COLORADO City Attorney Bob Gehler read the title of Ordinance Z-870-08: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO, FOR REZONING FROM ADCO A-3 TO COMMERCE CITY PUBLIC ZONE DISTRICT, OF THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT 7400 QUEBEC STREET, COMMERCE CITY, COLORADO 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 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 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 City Attorney Bob Gehler read the title of Resolution 2008-20: RESOLUTION AMENDING THE DIRECTORY OF CITY FEES AND CHARGES Council member Jaquith and Lewis moved and seconded removing Resolution 2008-24 from the consent agenda to be voted on separately. ROLL CALL VOTE ON CONSENT AGENDA WITHOUT RESOLUTION 2008-24: Unanimous; all present affirmed Council members Jaquith and Drotar moved and seconded approval of Resolution 2008-24. City Attorney Bob Gehler read the title of Resolution 2008-24 and the names of each member appointed: RESOLUTION APPOINTING MEMBERS TO DESIGNATED BOARDS AND COMMISSIONS OF COMMERCE CITY VOICE VOTE: 8 aye, 1 nay (Lewis) ORDINANCES ON SECOND READING Ordinance 1721 Council members Drotar and Johnson moved and seconded continuing Ordinance 1721 to May 19, 2008. ROLL CALL VOTE: 9 aye COUNCIL BUSINESS Agreed Upon Procedures Audit Finance Director Roger Tinklenberg introduced Auditor Kim Higgins of Gordon Hughes and Banks to propose to Council a letter of agreement with the auditing company to conduct a special audit to review travel expenditures and purchasing card expenditures. Council members McEldowney and Natale moved and seconded approving a letter of agreement with Gordon, Hughes & Banks. VOICE VOTE: Unanimous; all present affirmed Executive Session Council members Natale and Johnson moved and seconded to go into executive session for a conference with the city attorney for the purpose of receiving legal advice on City Council and staff relationship under C.R.S. 24-6-402(4)(b). Council came back to the regular meeting at 8:40 p.m. REPORTS No reports. ADJOURNMENT: The meeting adjourned at 8:50 p.m. CITY OF COMMERCE CITY ATTEST _________________________ ___________________________ Tracey Snyder, Acting 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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