City Council Regular Meeting June 2, 2008

MINUTES

REGULAR MEETING OF

COMMERCE CITY COUNCIL

June 2, 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 June 2, 2008, at 7:15 p.m.

ROLL CALL

Present:

Mayor Natale- presiding

Mayor Pro-Tem Drotar

Councilman Benson

Councilman Jaquith

Councilman Lewis

Councilman McEldowney

Councilwoman Snyder

Councilwoman Teter

Absent:

Councilman Johnson

Staff Reporting:

City Attorney Robert Gehler

City Manager Jerry Flannery

Planner Brian Garner

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was recited.

PRESENTATIONS

Simon Montague with DRCOG recognized the City for their commitment to regional cooperation.

The following individuals were recognized by City Council for their service to the community:

Richard “Dick” Smith

Warren Kerls

Betty Pepin

Officer Brandon Zborowski

APPROVAL OF MINUTES

Council members McEldowney and Snyder moved and seconded approving the minutes of the study session of April 14, 2008

VOICE VOTE: Unanimous; all present affirmed

Council members McEldowney and Snyder moved and seconded allowing Council members Teter, Drotar, and Natale to abstain from voting on the minutes of the study session of April 28, 2008, because of their excused absence.

VOICE VOTE: 5 aye, 3 abstain (Teter, Drotar, Natale)

Council members Snyder and McEldowney moved and seconded approving the minutes of the study session of April 28, 2008

VOICE VOTE: 5 aye, 3 abstain (Teter, Drotar, Natale)

CITIZEN COMMUNICATION

Charlene Jaramillo, 5280 E. 62nd Pl., expressed her satisfaction regarding the city’s parks and her displeasure regarding weeds along Quebec.

Robert Romine, 6760 E. 74th Ave., expressed concerns regarding the condition of some streets in Derby after water line replacements were made.

Bobbie Crall, 6985 E. 68th Pl., asked about handicap parking spaces at city hall.

Glen Murray, 11010 Havana St., Brighton, talked about drainage and vandalism issues he recently experienced.

Steve Douglas, 10970 Unity Pkwy, talked about his concerns regarding the landscaping along Quebec and asked about a shuttle service for local youth between northern Commerce City and Pioneer Park.

Rene Bullock, 6130 Ivanhoe St., asked about the financial impact of a recent business closure.

CONSENT AGENDA

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

City Attorney Bob Gehler read the title of Resolution 2008-27: RESOLUTION APPOINTING COUNCILMAN JAMES BENSON AS AN ALTERNATE TO THE E-470 HIGHWAY AUTHORITY BOARD

ROLL CALL VOTE: 8 aye

PUBLIC HEARINGS

CU-76-07-08

Mayor Natale opened the public hearing.

Planner Brian Garner presented the case. The City is seeking revocation of a conditional use permit for a cabaret license granted to Maava Corporation due to the business closing and their failure to meet all the conditions of the original permit. The Planning Commission held a public hearing on May 6, 2008, took testimony, and voted (4-1) to forward the revocation request to Council subject to findings of fact.

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

Council members McEldowney and Drotar moved and seconded approval of the findings and recommendations of the Planning Commission for CU-76-07-08

VOICE VOTE: 7 aye, 1 nay (Lewis)

Council members Drotar and Teter moved and seconded adoption of CU-76-07-08.

City Attorney Bob Gehler read the title of CU-76-07-08: CONDITIONAL USE REVOCATION BY THE CITY OF COMMERCE CITY FOR MAAVA CORP., INC. D/B/A CLUB 54

ROLL CALL VOTE: 7 aye, 1 nay (Lewis)

CU-80-08

Mayor Natale opened the public hearing.

Planner Brian Garner presented the case. Ascendant Capital Partners (Airgas) requests approval of a conditional use permit for allowable uses and setbacks for property located at 93rd Place and Yosemite. The Planning Commission held a public hearing on May 6, 2008, took testimony, and voted (5-0) to forward the request to Council with a favorable recommendation subject to conditions, advisories and findings of fact.

Pete Tobin, 1165 S. Pennsylvania St. #110, Denver, appeared on behalf of the applicant and answered Council questions regarding the application.

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

Council members McEldowney and Drotar moved and seconded approval of the findings and recommendations of the Planning Commission for CU-80-08

VOICE VOTE: Unanimous; all present affirmed

Council members McEldowney and Teter moved and seconded adoption of CU-80-08.

City Attorney Bob Gehler read the title of CU-80-08: CONDITIONS FOR CONDITIONAL USE GRANTED BY THE City of Commerce City TO ASCENDANT CAPITAL PARTNERS (Airgas)

ROLL CALL VOTE: 8 aye

ORDINANCES ON FIRST READING

Ordinance 1733

Council members Teter and Drotar moved and seconded introduction of Ordinance 1733 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance 1733: AN ORDINANCE AMENDING THE 2008 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE DONATION FROM THE SAND CREEK REGIONAL GREENWAY PARTNERSHIP IN THE AMOUNT OF $9,385 FOR EQUIPMENT USED AT DAHLIA TRAILHEAD AND INSTALLATION OF A TABLE AND SHELTER ADJACENT TO SAND CREEK TRAIL AND AUTHORIZATION OF THE EXPENDITURE THEREOF

ROLL CALL VOTE: 8 aye

Ordinance 1734

Council members McEldowney and Jaquith moved and seconded introduction of Ordinance 1734 by Council as seated and approval of the ordinance on first reading.

City Attorney Bob Gehler read the title of Ordinance 1734: AN ORDINANCE AMENDING THE 2008 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY TRANSFERRING A PORTION OF THE BUDGET IN THE STREET AND BRIDGE FUND TO THE GENERAL FUND FOR BENEFITS ASSOCIATED WITH THE NEW OPERATIONS TECHNICIAN POSITIONS IN THE AMOUNT OF $36,786 AND AUTHORIZING THE EXPENDITURE THEREOF

ROLL CALL VOTE: 8 aye

REPORTS

City Manager Jerry Flannery reported on various meetings he has attended.

Mayor Pro-Tem Drotar announced that she was resigning as Mayor Pro-Tem to allow someone else on Council the opportunity to serve in that capacity. Additionally, she announced her resignation as the Council representative from the E-470 Board as well.

Council members Benson and Jaquith moved and seconded the nomination of City Manager Jerry Flannery as a candidate for the CML’s Executive Board.

ADJOURNMENT:

The meeting adjourned at 8:50 p.m.

CITY OF COMMERCE CITY ATTEST

_________________________ ___________________________

Paul Natale, Mayor Laura 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 June 2, 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 June 2, 2008, at 7:15 p.m. ROLL CALL Present: Mayor Natale- presiding Mayor Pro-Tem Drotar Councilman Benson Councilman Jaquith Councilman Lewis Councilman McEldowney Councilwoman Snyder Councilwoman Teter Absent: Councilman Johnson Staff Reporting: City Attorney Robert Gehler City Manager Jerry Flannery Planner Brian Garner PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. PRESENTATIONS Simon Montague with DRCOG recognized the City for their commitment to regional cooperation. The following individuals were recognized by City Council for their service to the community: Richard “Dick” Smith Warren Kerls Betty Pepin Officer Brandon Zborowski APPROVAL OF MINUTES Council members McEldowney and Snyder moved and seconded approving the minutes of the study session of April 14, 2008 VOICE VOTE: Unanimous; all present affirmed Council members McEldowney and Snyder moved and seconded allowing Council members Teter, Drotar, and Natale to abstain from voting on the minutes of the study session of April 28, 2008, because of their excused absence. VOICE VOTE: 5 aye, 3 abstain (Teter, Drotar, Natale) Council members Snyder and McEldowney moved and seconded approving the minutes of the study session of April 28, 2008 VOICE VOTE: 5 aye, 3 abstain (Teter, Drotar, Natale) CITIZEN COMMUNICATION Charlene Jaramillo, 5280 E. 62nd Pl., expressed her satisfaction regarding the city’s parks and her displeasure regarding weeds along Quebec. Robert Romine, 6760 E. 74th Ave., expressed concerns regarding the condition of some streets in Derby after water line replacements were made. Bobbie Crall, 6985 E. 68th Pl., asked about handicap parking spaces at city hall. Glen Murray, 11010 Havana St., Brighton, talked about drainage and vandalism issues he recently experienced. Steve Douglas, 10970 Unity Pkwy, talked about his concerns regarding the landscaping along Quebec and asked about a shuttle service for local youth between northern Commerce City and Pioneer Park. Rene Bullock, 6130 Ivanhoe St., asked about the financial impact of a recent business closure. CONSENT AGENDA Council members Drotar and Teter moved and seconded approving the consent agenda as presented. City Attorney Bob Gehler read the title of Resolution 2008-27: RESOLUTION APPOINTING COUNCILMAN JAMES BENSON AS AN ALTERNATE TO THE E-470 HIGHWAY AUTHORITY BOARD ROLL CALL VOTE: 8 aye PUBLIC HEARINGS CU-76-07-08 Mayor Natale opened the public hearing. Planner Brian Garner presented the case. The City is seeking revocation of a conditional use permit for a cabaret license granted to Maava Corporation due to the business closing and their failure to meet all the conditions of the original permit. The Planning Commission held a public hearing on May 6, 2008, took testimony, and voted (4-1) to forward the revocation request to Council subject to findings of fact. No one from the public came forward to testify and the public hearing portion was closed. Council members McEldowney and Drotar moved and seconded approval of the findings and recommendations of the Planning Commission for CU-76-07-08 VOICE VOTE: 7 aye, 1 nay (Lewis) Council members Drotar and Teter moved and seconded adoption of CU-76-07-08. City Attorney Bob Gehler read the title of CU-76-07-08: CONDITIONAL USE REVOCATION BY THE CITY OF COMMERCE CITY FOR MAAVA CORP., INC. D/B/A CLUB 54 ROLL CALL VOTE: 7 aye, 1 nay (Lewis) CU-80-08 Mayor Natale opened the public hearing. Planner Brian Garner presented the case. Ascendant Capital Partners (Airgas) requests approval of a conditional use permit for allowable uses and setbacks for property located at 93rd Place and Yosemite. The Planning Commission held a public hearing on May 6, 2008, took testimony, and voted (5-0) to forward the request to Council with a favorable recommendation subject to conditions, advisories and findings of fact. Pete Tobin, 1165 S. Pennsylvania St. #110, Denver, appeared on behalf of the applicant and answered Council questions regarding the application. No further testimony was given and the public hearing portion was closed. Council members McEldowney and Drotar moved and seconded approval of the findings and recommendations of the Planning Commission for CU-80-08 VOICE VOTE: Unanimous; all present affirmed Council members McEldowney and Teter moved and seconded adoption of CU-80-08. City Attorney Bob Gehler read the title of CU-80-08: CONDITIONS FOR CONDITIONAL USE GRANTED BY THE City of Commerce City TO ASCENDANT CAPITAL PARTNERS (Airgas) ROLL CALL VOTE: 8 aye ORDINANCES ON FIRST READING Ordinance 1733 Council members Teter and Drotar moved and seconded introduction of Ordinance 1733 by Council as seated and approval of the ordinance on first reading. City Attorney Bob Gehler read the title of Ordinance 1733: AN ORDINANCE AMENDING THE 2008 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE DONATION FROM THE SAND CREEK REGIONAL GREENWAY PARTNERSHIP IN THE AMOUNT OF $9,385 FOR EQUIPMENT USED AT DAHLIA TRAILHEAD AND INSTALLATION OF A TABLE AND SHELTER ADJACENT TO SAND CREEK TRAIL AND AUTHORIZATION OF THE EXPENDITURE THEREOF ROLL CALL VOTE: 8 aye Ordinance 1734 Council members McEldowney and Jaquith moved and seconded introduction of Ordinance 1734 by Council as seated and approval of the ordinance on first reading. City Attorney Bob Gehler read the title of Ordinance 1734: AN ORDINANCE AMENDING THE 2008 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY TRANSFERRING A PORTION OF THE BUDGET IN THE STREET AND BRIDGE FUND TO THE GENERAL FUND FOR BENEFITS ASSOCIATED WITH THE NEW OPERATIONS TECHNICIAN POSITIONS IN THE AMOUNT OF $36,786 AND AUTHORIZING THE EXPENDITURE THEREOF ROLL CALL VOTE: 8 aye REPORTS City Manager Jerry Flannery reported on various meetings he has attended. Mayor Pro-Tem Drotar announced that she was resigning as Mayor Pro-Tem to allow someone else on Council the opportunity to serve in that capacity. Additionally, she announced her resignation as the Council representative from the E-470 Board as well. Council members Benson and Jaquith moved and seconded the nomination of City Manager Jerry Flannery as a candidate for the CML’s Executive Board. ADJOURNMENT: The meeting adjourned at 8:50 p.m. CITY OF COMMERCE CITY ATTEST _________________________ ___________________________ Paul Natale, Mayor Laura 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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