City Council

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, July 1, 2013 5:30 PM Council Chambers 1. Call to Order/Roll Call A regular meeting of the City Council of the City of Commerce City was called to order by Mayor Ford on July 1, 2013, at 5:30 PM. Present: 8 - Mayor Sean Ford , Council Member Jim Benson, Council Member Jadie Carson, Council Member Rick A. Teter, Mayor Pro-Tem René Bullock, Council Member Crystal Elliott, Council Member Steven J. Douglas and Council Member Andrew Amador Absent: 1 - Council Member Jason McEldowney 2. Executive Session 13-0026 An executive session pursuant to 24-6-402(4)(e) for the purpose of developing strategy for negotiations concerning DIA issues A motion was made by Mayor Pro-Tem Bullock, seconded by Council Member Elliott, that the executive session be held pursuant to CRS 24-6-402(4)(e) for the purpose of developing strategy for negotiations concerning DIA issues. VOTE: Aye: 8- Mayor Ford, Council Member Benson, Council Member Carson, Council Member Teter, Mayor Pro-Tem Bullock, Council Member Elliott, Council Member Douglas and Council Member Amador 3. Pledge of Allegiance The Pledge of Allegiance was recited. Present: 9 - Mayor Sean Ford , Council Member Jim Benson, Council Member Jadie Carson, Council Member Rick A. Teter, Mayor Pro-Tem René Bullock, Council Member Crystal Elliott, Council Member Jason McEldowney, Council Member Steven J. Douglas and Council Member Andrew Amador 4. Audience Introduction The audience introduced themselves. 5. Proclamations and Recognitions Commerce City Page 1 City Council Meeting Minutes - Final July 1, 2013 Proc 13-11 2013 July Parks and Recreation Month City Attorney Bob Gehler read a proclamation declaring July 2013 as Parks and Recreation Month in Commerce City. The proclamation was presented to Parks and Recreation Director Carolyn Keith. Ms. Keith invited everyone to the upcoming July 4th festivities that will be hosted in partnership with Dick's Sporting Goods Park. A motion was made by Council Member Teter, seconded by Mayor Pro-Tem Bullock, that this proclamation be approved. VOICE VOTE: Unanimous, all present affirmed. Proc 13-13 2013 Day of Play Proclamation City Attorney Bob Gehler read a proclamation declaring July 4, 2013, as a Day of Play in Commerce City. The proclamation was presented to Parks and Recreation Director Carolyn Keith. A motion was made by Council Member Amador, seconded by Council Member McEldowney, that this proclamation be approved. VOICE VOTE: Unanimous, all present affirmed. Commerce City Page 2 City Council Meeting Minutes - Final July 1, 2013 6. Citizen Communication Lisette Zamora, 6500 E. 88th Avenue, read her winning essay, "If I Were Mayor." The essay contest is sponsored by CML and open to students throughout the state . Louis Apolinar, 929 Kalamath St., Denver, addressed Council regarding a company he feels treats its employees unfairly. Mr. Apolinar believes the company might be contracted to work on the North Metro Line. Mayor Ford directed Mr. Apolinar to the RTD Board of Directors. Mike Baker, 17463 E. 98th Wy., addressed Council regarding his opposition to chip seal application on city streets. Mr. Baker feels there are safety concerns with the application of this material. After a lengthy discussion about the pros, cons and costs of postponing the start date of the chip seal contract and holding a study session discussion regarding the options available for the city's pavement management program, Councilman McEldowney moved to suspend the contract to enable staff to explore alternatives to the traditional chip seal that was intended to be used on the currently scheduled projects. Mayor Ford recognized the motion but allowed for further discussion. Councilman Benson moved to amend Councilman McEldowney's motion to state that all the consequences to the city would be taken into account based on the contract. Councilman McEldowney accepted the motion with the caveat that Council reconvene on July 2, 2013, to see if staff can come up with sufficient input. City Manager McBroom stated that it is his understanding from the city attorney, that the earliest they can convene the meeting would be 8:00 pm given the 24-hour notification requirement. Mayor Pro Tem Bullock asked what the motion on the table was . City Clerk Bauer paraphrased the motions: "Council members McEldowney and Benson moved and seconded to postpone the start of the chip seal contract and hold a study session on the pavement management program. Mayor Ford said there was no second on Councilman McEldowney's motion. Councilman McEldowney withdrew his motion and submitted a replacement motion, that Council postpone the decision on the pavement management discussion this evening, request a special meeting scheduled tomorrow evening at 8:03 pm to allow for 24-hour notice and at said meeting, staff provide Council, to the extent possible, a summary of alternatives to chip seal, cost, benefit and implications of any further postponement beyond July 2, 2013, of the planned million-dollar program, so Council can vote to proceed with the plan, or pursue an alternative to the pavement plan. The motion was seconded by Councilman Benson VOICE VOTE: Unanimous; all present affirmed Commerce City Page 3 City Council Meeting Minutes - Final July 1, 2013 7. Approval of Minutes Council members Bullock and McEldowney moved and seconded to allow Councilmember Benson to abstain from voting on the minutes of June 3, 2013, because of his excused absence. VOICE VOTE: 8 aye, 1 abstain (Benson) Min 13-43 Meeting minutes of June 3, 2013 A motion was made by Council Member McEldowney, seconded by Mayor Pro Tem Bullock, that the Minutes be approved. VOTE: Aye: 8- Mayor Ford, Council Member Carson, Council Member Teter, Mayor Pro-Tem Bullock, Council Member Elliott, Council Member McEldowney, Council Member Douglas and Council Member Amador Abstained: 1- Council Member Benson 8. Consent Agenda Councilwoman Carson asked to remove Ordinance 1959 from the consent agenda for a separate discussion and vote. A motion was made by Council Member McEldowney, seconded by Mayor Pro-Tem Bullock, that the consent agenda be adopted as amended. VOTE: Aye: 9- Mayor Ford, Council Member Benson, Council Member Carson, Council Member Teter, Mayor Pro-Tem Bullock, Council Member Elliott, Council Member McEldowney, Council Member Douglas and Council Member Amador Res 2013-38 RESOLUTION APPOINTING A MEMBER TO DESIGNATED BOARD AND COMMISSION OF COMMERCE CITY Ord 1956 AN ORDINANCE AMENDING TABLE V-1 OF THE LAND DEVELOPMENT CODE TO ALLOW LIMITED EQUIPMENT RENTAL AS A USE-BY-PERMIT IN C-3 ZONE DISTRICTS Ord 1959 AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 4 OF THE COMMERCE CITY REVISED MUNICIPAL CODE REGARDING INTERFERENCE WITH ANIMAL CONTROL AGENTS, RIGHT TO HEARING FOR SUSPECTED VICIOUS OR DANGEROUS ANIMALS, AND PROHIBITED AND REGULATED ANIMALS Councilwoman Carson asked about langauge in the proposed amendment A motion was made by Council Member McEldowney, seconded by Mayor Pro-Tem Bullock, that this ordinance, with the insertion of the words "owner or owner's representative" be approved on second & final reading. VOTE: Aye: 9- Mayor Ford, Council Member Benson, Council Member Carson, Council Member Teter, Mayor Pro-Tem Bullock, Council Member Elliott, Council Member McEldowney, Council Member Douglas and Council Member Amador Commerce City Page 4 City Council Meeting Minutes - Final July 1, 2013 Ord 1963 AN ORDINANCE renumbering certain wards established in ordinance 1955 Z-905-13 AN-230-13 AN ORDINANCE APPROVING AND ACCOMPLISHING THE ANNEXATION OF CONTIGUOUS UNINCORPORATED TERRITORY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, LOCATED AT 6771 E. 80TH AVENUE, COMMERCE CITY, COLORADO 9. Public Hearings Pres 13-198 2013 JAG Formula Grant Public Hearing - $14,225 Mayor Ford opened the public hearing for the 2013 JAG Formula Grant application. No one appeared to speak in favor or opposition, and the Mayor closed the public hearing. Council members McEldowney and Bullock moved and seconded to proceed with the 2013 JAG Formula Grant Application. VOICE VOTE: Unanimous; all present affirmed 10. Resolutions Res 2013-40 RESOLUTION CLARIFYING AND AFFIRMING EFFECTIVE DATE OF RECORDING OF ORDINANCE AN-219-07 AND ORDINANCE AN-220-07 A motion was made by Mayor Pro Tem Bullock, seconded by Council Member McEldowney, that this resolution be adopted. VOICE VOTE: Unanimous, all present affirmed. 11. Ordinances on 1st Reading Ord 1965 AN ORDINANCE AMENDING THE 2013 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE XCEL ENERGY FOUNDATION/CTC (COLORADO TREE COALITION) GRANT IN THE AMOUNT OF $6,000 FOR TREE REPLACEMENT AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. A motion was made by Council Member McEldowney, seconded by Mayor Pro-Tem Bullock, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 9- Mayor Ford, Council Member Benson, Council Member Carson, Council Member Teter, Mayor Pro-Tem Bullock, Council Member Elliott, Council Member McEldowney, Council Member Douglas and Council Member Amador Commerce City Page 5 City Council Meeting Minutes - Final July 1, 2013 Ord 1966 ORDINANCE ESTABLISHING AND CREATING THE COMMERCE CITY E-470 RESIDENTIAL AREA GENERAL IMPROVEMENT DISTRICT; MAKING CERTAIN FINDINGS AND DETERMINATION RELATED THERETO; AND WAIVING ALL REQUIREMENTS FOR NOTICE, PUBLICATION, PUBLIC HEARING AND ELECTION AS PERMITTED BY STATUTE A motion was made by Mayor Pro Tem Bullock, seconded by Council Member McEldowney, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 9- Mayor Ford, Council Member Benson, Council Member Carson, Council Member Teter, Mayor Pro-Tem Bullock, Council Member Elliott, Council Member McEldowney, Council Member Douglas and Council Member Amador Ord 1967 AN ORDINANCE AMENDING THE 2013 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE COLORADO DEPARTMENT OF TRANSPORTATION GRANT IN THE AMOUNT OF $3,195 FOR CLICK IT OR TICKET EFFORTS AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. A motion was made by Mayor Pro Tem Bullock, seconded by Council Member McEldowney, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 9- Mayor Ford, Council Member Benson, Council Member Carson, Council Member Teter, Mayor Pro-Tem Bullock, Council Member Elliott, Council Member McEldowney, Council Member Douglas and Council Member Amador 12. Presentations Pres 13-145 Mile High Greyhound Park redevelopment project update Deputy City Manager Hayes provided Council with an update of this project. He reported that staff attended a public-private partnership conference in February; however, most of the attendees were service providers. Demolition of the site was completed on schedule and as of May, the Boys & Girls Club are at 57% of their fund raising efforts. Commerce City Page 6 City Council Meeting Minutes - Final July 1, 2013 13. Administrative Council Business Council members Bullock and Teter moved and seconded to change the start time of the July 15th and August 5th meetings from 6:30 pm to 5:30 pm in order to hold executive sessions. VOICE VOTE: Unanimous; all present Council members McEldowney and Teter moved and seconded to authorize Mayor Ford to sign a letter regarding the railroad quiet zone crossing. VOICE VOTE: Unanimous; all present affirmed Councilman McEldowney would like the abysmal conditions at 56 th Avenue near the railroad tracks examined. Councilman Benson moved to direct staff to explore amendments to the 500 foot distance requirements in state statute for hotel & restaurant liquor licenses only. This request is brought forward due to distance challenges from Stellatos to the school. Motion was seconded by McEldowney VOICE VOTE: Unanimous; all present affirmed Councilman Douglas asked if the city could provide WiFi service at the Bison Grill , he was concerned about confusion at the intersection of 60th, Parkway and Vasquez because of the location of a yield sign. Councilman Douglas asked that staff place an article in the city's newsletter regarding special taxing districts. and would like a vendor presentation regarding progressive bike rides at the August 19th meeting. Council members Douglas and Bullock moved and seconded to direct staff to explore providing WiFi services at Buffalo Run Golf Course. VOICE VOTE: Unanimous; all present affirmed Councilwoman Elliott stated that she is on the ACCESS Housing Board of Directors and the organization is hosting a gala event. She would like Council approval of paying for her annual membership with her discretionary funds and their support by purchasing eight tickets to the gala. City Manager McBroom stated that there is funding available for membership dues to ACCESS Housing in Council's legislative budget. Council members Bullock and McEldowney moved and seconded to pay for the $100 membership fee out of the legislative budget. VOICE VOTE: Unanimous; all present affirmed Councilwoman Elliott said she is receiving complaints about the condition of the railroad tracks across 72nd Avenue near Highway 2. She also asked to work with Carolyn Keith on some Live Well programs. Councilman Amador would like staff to look into road deterioration at 72nd & Oneida. Councilman Bullock said he is receiving complaints about the condition of the parking lot and bus stop at Walmart and would like staff to put pressure on the company to Commerce City Page 7 City Council Meeting Minutes - Final July 1, 2013 clean up the property. Council members McEldowney and Benson moved and seconded to authorize Mayor Ford to sign a letter on Council's behalf regarding the Commerce City's position regarding I-70 alignment. VOICE VOTE: Unanimous; all present affirmed 14. Reports City Manager McBroom provided Council with highlights from his weekly City Manager Report emailed to them earlier. Mayor Ford reported on various meetings and events that he and Council attended. 15. Adjourn The meeting adjourned at 9:31pm. Commerce City Page 8