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City Council

Regular Meeting

Commerce City, CO · December 21, 2015

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Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, December 21, 2015 6:00 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 December 21, 2015, at 6:00 PM. Present: 9 - Mayor Sean Ford , 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, Council Member Andrew Amador and Council Member Paolo Diaz 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Audience Introduction The audience introduced themselves. 4. Citizen Communication None 5. Approval of Minutes Min 15-98 Meeting Minutes of Special Meeting - November 23, 2015 A motion was made by Council Member McEldowney, seconded by Council Member Teter, to allow Council member Diaz to abstain from voting on the minutes of November 23, 2015, because he was not a seated member of council on this date. VOTE: 8 aye, 1 abstain (Diaz) A motion was made by Council Member Carson, seconded by Council Member Teter, 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 Diaz 6. Consent Agenda Council Member Douglas asked to remove Resolution 2015-130 from the consent Commerce City Page 1 City Council Meeting Minutes - Final December 21, 2015 agenda for further discussion and vote. Res 2015-130 RESOLUTION AUTHORIZING CONDITIONAL SALE AGREEMENT FOR PURCHASE OF GOLF CARTS Golf Manager Paul Hebinck was called forward to explain the sale agreement for golf carts. Mr. Hebinck stated that the golf cart fleet purchase is an integral part of the golf course operation. A large percentage of golfers rent the carts and the lifespan of a fleet is typically four years. In the past, staff has extended the life span of the fleet to six years by replacing batteries after four years. This practice has saved the city money. The current fleet is six years old and as a regular course of action the city went out to bid for a new fleet. In response to questions from Council member Douglas, he explained the accessories available on the carts, and that there have been no offers to purchase the old fleet. The vendor will accept the used fleet and provide a trade-in. The final purchase price including trade-in and financing is $223,000. A motion was made by Council Member McEldowney, seconded by Council Member Douglas, that this resolution be adopted. VOICE VOTE: Unanimous, all present affirmed. 7. Public Hearings CU-109-16 CONDITIONAL USE PERMIT FOR A SALVAGE YARD - CASE #CU-109-16 A motion was made by Mayor Pro Tem Bullock, seconded by Council Member McEldowney, that this conditional use permit be continued to February 1, 2016. VOICE VOTE: Unanimous, all present affirmed. CU-108-15 CONDITIONAL USE PERMIT FOR A METAL RECYCLING FACILITY Mayor Ford opened the public hearing. Planner Caitlin Hasenbalg-Long presented the case. The applicant, RCI Investments, is requesting a conditional use permit and subdivision to consolidate two lots into one to expand their current recycling facility. The property was originally subdivided into two lots prior to its annexation into the city in 2007, and at that time the properties were zoned I-3 to match Adams County zoning. The existing use has been in operation since 2005, and when it became part of the city, it became a legal non-conforming use. The planning commission voted unanimously to forward the application to council with a favorable recommendation and six conditions: (1) A renewal of the conditional use permit, in accordance with the LDC, will be required to expand operations past a certain date (2) The materials accepted for recycling will be limited (3) Whole crushed cars can be stored on site for no more than 72 hours. No vehicle crushing on site, and no storing of inoperable vehicles will be permitted (4) Except for landscaping, the site must be developed prior to expansion (5) Landscaping must be installed by September 21, 2016 (6) The applicant shall notify the city, in writing, if the facility is ever discontinued by RCI. Jim Brienza and Bob Fleming appeared on behalf of the applicant. They stated that RCI will have to go through the process of annexing the existing Lot 1 into the South Adams County Water and Sanitation District and abandon the well and septic. Commerce City Page 2 City Council Meeting Minutes - Final December 21, 2015 No one else came forward and the public hearing was closed. Counil Member Teter stated that the applicant has a great relationship with the fire department and donates vehicles for training. A motion was made by Council Member McEldowney, seconded by Council Member Douglas, to accept the recommendations of the planning commission. VOTE: Unanimous; all present affirmed A motion was made by Council Member McEldowney, seconded by Mayor Pro Tem Bullock, that this conditional use permit be adopted. VOICE VOTE: Unanimous, all present affirmed. Res 2015-116 RESOLUTION APPROVING SUBDIVISION PLAT IN CASE #S-629-15 A motion was made by Council Member Amador, seconded by Council Member McEldowney, to accept the findings of the planning commission. VOTE: Unanimous; all present affirmed A motion was made by Council Member McEldowney, seconded by Council Member Douglas, that this resolution be adopted. VOICE VOTE: Unanimous, all present affirmed. 8. Ordinances on 1st Reading Ord 2068 AN ORDINANCE REPEALING, ADOPTING, AND AMENDING PORTIONS OF THE LAND DEVELOPMENT CODE RELATING TO TELECOMMUNICATION FACILITIES A motion was made by Mayor Pro Tem Bullock, seconded by Council Member Teter, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 9- Mayor Ford, Council Member Carson, Council Member Teter, Mayor Pro Tem Bullock, Council Member Elliott, Council Member McEldowney, Council Member Douglas, Council Member Amador and Council Member Diaz Ord 2073 AN ORDINANCE AMENDING SEVERAL SECTIONS OF THE LAND DEVELOPMENT CODE REGARDING SHARED DRIVEWAYS A motion was made by Mayor Pro Tem Bullock, seconded by Council Member Diaz, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 9- Mayor Ford, Council Member Carson, Council Member Teter, Mayor Pro Tem Bullock, Council Member Elliott, Council Member McEldowney, Council Member Douglas, Council Member Amador and Council Member Diaz 9. Presentations Commerce City Page 3 City Council Meeting Minutes - Final December 21, 2015 Pres 15-518 Senior Advisory Committee Bi-Annual Presentation The senior advisory committee is made up of subcommittees. In 2015, 20 positions were filled following an extensive recruitment process. Four subcommittees gave a brief presentation on their 2015 accomplishments. The following subcommittee representatives appeared before council to provide highlights: Program Committee JoAnn Vail: trips and programs survey completed and will be unveiled early 2016, will provide 30 meals on December 23, 2015, to assist seniors in the community. Outreach Committee Al Hardt: developed a new brochure and promotional t-shirts Health/Wellness Committee George Maxey. formed a monthly group dedicated to social health and promoting positive exercise habits Umbrella Committee JoAnn Hardt: created an all subcommittee mid-year planning event. 10. Administrative Council Business Council Member McEldowney asked for a follow up to an earlier request regarding the safety of the 96th Avenue & Chambers intersection. He also stated that the 120th & Chambers intersection is becoming increasingly challenging, eastbound especially. A motion was made by Council Member McEldowney, seconded by Mayor Ford, to direct staff to investigate opportunities for the 120th & Chambers intersection. VOTE: Unanimous; all present affirmed Mayor Ford asked for an update on the configuration of 120th & Potomac. A motion was made by Council Member McEldowney, seconded by Mayor Pro Tem Bullock, to direct staff to take a much more aggressive look at the possibilities of closing off 88th & Tower. VOTE: Unanimous; all present affirmed Council Member Teter asked about the timing of the traffic signal at 69th & Highway 85. Council Member Elliott asked about the legality of a makeshift cellular phone sale at 72nd & Colorado in front of the Adams County Human Services building. Council Member Douglas would like to see more proactive plowing during storms. He also asked when a fleet of new vehicles would be placed into service. Council Member McEldowney and Mayor Ford asked for a review of the city's snow plan. A motion was made by Council Member Douglas, seconded by Council Member Amador, to financially cover all who wish to attend the Westin opening event. VOTE: Unanimous; all present affirmed 15-87 Committee Appointments Commerce City Page 4 City Council Meeting Minutes - Final December 21, 2015 Board of Adjustment: Amador Derby Review Board: Teter Parks & Recreation Advisory: Carson, Douglas Police Pension Board: Douglas (Regular), Teter (Alternate) Youth Commission: Bullock (Regular), Carson (Regular) Cultural Council: Carson (Regular), Elliott (Regular) Housing Authority: Bullock (Regular), Amador (Alternate) Retreat Planning Committee: McEldowney (Regular), Bullock (Regular), Douglas (Regular), Elliott (Regular) City Manager, City Attorney, and Municipal Court Judge Evaluation Committee: McEldowney (Regular), Douglas (Regular) Boards & Commissions Committee: Amador (Regular), Bullock (Regular), Carson (Regular) Legislative Committee: Ford (Regular), Bullock (Regular), Douglas (Regular) ADCO Economic Development : Ford (Regular), Teter (Alternate), Diaz (Alternate) ADCO Water Quality Advisory: McEldowney (Regular), Bullock (Alternate) Adams 14 Foundation: Amador (Regular), Bullock (Alternate) CML Policy Committee: Bullock (Regular), Douglas (Alternate) Business & Professionals Association: Teter (Regular), Elliott (Alternate) DIA Noise: Ford (Regular), Teter (Regular), McEldowney (Alternate), Amador (Alternate) Airport Coordinating Committee: Ford (Regular), Teter (Regular) McEldowney (Alternate), Amador (Alternate) DRCOG: Teter (Regular), Bullock (Alternate) DRCOG Metro Visions Issues Committee (MVIC): Teter (Regular), Bullock (Alternate) E-470 Highway Authority: Douglas (Regular), Diaz (Alternate) US 85 Planning and Environmental Linkage (PEL) Study Executive Committee: Ford (Regular), Bullock (Alternate) National Organization to Insure a Sound Controlled Environment (NOISE): Bullock (Regular), Elliott (Alternate) NATA: Ford (Regular), Teter (Alternate) Northern Community Coalition (NCC): Teter (Regular), Carson (Regular), Elliott (Alternate) Rotary: Ford (Regular), Bullock (Regular) RTD: Diaz (Regular) School District 27J Facilities Foundation: McEldowney (Regular) Sand Creek Regional Greenway Steering Committee: Bullock (Regular) 10-Year Plan to end Homelessness in Adams County: Douglas (Regular), Elliott (Regular) Education Commission: McEldowney (Regular), Amador (Regular), Douglas (Alternate), Elliott (Alternate) SD 27J Use Tax Commitee: McEldowney (Regular), Amador (Regular) Water Commission: Ford (Regular), McEldowney (Regular) ADCOG Dinner: Diaz Area Boards: Ford (Regular) Memorial Day Parade Advisory Committee: Douglas (Regular), Elliott (Regular) Northeast Transportation Connection: Douglas (Regular) meets at Northfields Stapleton CAB: Amador (Regular) - meet 3rd Thursday at 7:30 am Friends of the Front Range Wildlife Refuges: Bullock (Regular), Diaz (Regular), Elliott (Regular) - oversees programming of the refuge and Rocky Flats , meets 3rd Thursday of each month at 4:00 at the Arsenal Visitor Center Staff to investigate (1) whether DIA Noise and Coordinating Committee are the same or different committees, (2) is the Northern Community Coalition and the 10-Year Plan to End Homelessness in Adams County committees are still active. Commerce City Page 5 City Council Meeting Minutes - Final December 21, 2015 Adams 14 Facilities Review Board: Douglas has been attending and staff is to research regarding membership of council Council Member McEldowney asked to have columns added that includes a definition of each body, defines the governing body and membership of each body. He would also like the committees categorized and membership added to council profiles. A motion was made by Council Member Douglas, seconded by Council Member McEldowney, to approve all committee appointments. VOTE: Unanimous; all present affirmed 11. Reports City Attorney Gehler stated that the Branson case settled, and the city would not be going to trial. Mayor and council reported on their attendance at various meetings and events. 12. Adjourn The meeting adjourned at 8:25 pm. In accord with the city charter, the city attorney read the title to all ordinances and resolutions adopted by Council at this meeting. Respectfully Submitted By: _________________________________________ Laura J. Bauer, City Clerk Commerce City Page 6

Agenda

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Agenda - Final City Council Monday, December 21, 2015 6:00 PM Council Chambers 1. Call to Order/Roll Call - 6:00 2. Pledge of Allegiance 3. Audience Introduction - 6:05 4. Citizen Communication - 6:10 A Public Comment Roster is available immediately inside the Council Chambers. Anyone who would like to address Council will be given the opportunity after signing the roster. Speakers should limit their comments to three minutes. 5. Approval of Minutes - 6:40 Min 15-98 Meeting Minutes of Special Meeting - November 23, 2015 Attachments: Minutes 6. Consent Agenda - 6:45 Res RESOLUTION AUTHORIZING CONDITIONAL SALE AGREEMENT 2015-130 FOR PURCHASE OF GOLF CARTS Attachments: Resolution Agreement Addendum to Conditional Sale Master Agreement 7. Public Hearings - 6:50 CU-109-16 CU-109-15: USA Enterprises, LLC is requesting a conditional use permit for a salvage yard at 5245 E. 48th Avenue, zoned I-3. Commerce City Page 1 Printed on 12/18/2015 City Council Meeting Agenda - Final December 21, 2015 CU-108-15 CONDITIONAL USE PERMIT FOR A METAL RECYCLING FACILITY Attachments: CU-108-15 Planning Commission Minutes Staff Report Vicinity Map Narrative Development Plan Presentation Res RESOLUTION APPROVING SUBDIVISION PLAT IN CASE #S-629-15 2015-116 Attachments: Resolution Planning Commission Minutes Staff Report Vicinity Map Subdivision Plat Presentation 8. Ordinances on 1st Reading - 7:25 Ord 2068 AN ORDINANCE REPEALING, ADOPTING, AND AMENDING PORTIONS OF THE LAND DEVELOPMENT CODE RELATING TO TELECOMMUNICATION FACILITIES Attachments: Ordinance Planning Commission Minutes Presentation Ord 2073 AN ORDINANCE AMENDING SEVERAL SECTIONS OF THE LAND DEVELOPMENT CODE REGARDING SHARED DRIVEWAYS Attachments: Ordinance Exhibit A Planning Commission Minutes Proposed Language Presentation 9. Presentations - 7:55 Pres 15-518 Senior Advisory Committee Bi-Annual Presentation Attachments: Presentation Commerce City Page 2 Printed on 12/18/2015 City Council Meeting Agenda - Final December 21, 2015 10. Administrative Council Business - 8:15 15-87 Committee Appointments 11. Reports - 8:55 12. Adjourn - 9:10 Commerce City Page 3 Printed on 12/18/2015

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