COUNCIL COMMUNICATION

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1 COUNCIL COMMUNICATION Meeting Date: Agenda Item: Agenda Location: Goal(s): Legal Review: September 25, A Consent Calendar N/A _ 1 st Reading _2nd Reading subject: A Motion approving the Minutes of the September 4, 2018 Special and September 11, 2018 Regular City Council meetings. [220-BC] Recommended by: Robb Kolstad ~ (?--- Approved by: Kevin S. Woods Ordinance previously Presenter(s): Kristen Rosenbaum, City Clerk w introduced by: SYNOPSIS: The official Minutes of the September 4, 2018 Special and September 11, 2018 Regular City Council meetings have been prepared by the City Clerk's Office and are hereby submitted for Council's approval. RECOMMENDATION: Staff recommends approval of Minutes as requested. BUDGET/STAFF IMPLICATIONS: None ALTERNATIVES: 1. Approve the minutes as submitted. 2. Approve the minutes with corrections requested by Council. BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action) None

2 Unofficial until approved By City Council MINUTES THORNTON CITY COUNCIL SPECIAL MEETING SEPTEMBER 4, CALL TO ORDER - By Mayor Heidi K. Williams at 7:56 p.m. in the Training Room of the Thornton City Hall. 2. ROLL CALL OF COUNCIL- Those Present were: Mayor Heidi K. Williams, Mayor Pro Tern Jan Kulmann, and Councilmembers Sherry Goodman, Adam Matkowsky, Eric Montoya, Sam Nizam, Jacqueline Phillips, and Jessica Sandgren. Absent- Councilmember Joshua. STAFF MEMBERS PRESENT- Kevin Woods, City Manager; Luis Corchado, City Attorney; Sarah Geiger, Assistant City Attorney; Gordon Olson, Fire Chief; Randy Nelson, Fire Chief; and Kristen Rosenbaum, City Clerk. MOTION WAS MADE BY COUNCILMEMBER MATKOWSKY AND SECONDED BY COUNCILMEMBER MONTOYA TO RECESS THE MEETING INTO EXECUTIVE SESSION. MOTION PASSED UNANIMOUSLY. The meeting recessed at 7:58p.m. 3. ACTION ITEMS Executive session pursuant to C.R.S (4)(b), conferences with the City Attorney for purposes of receiving legal advice on specific legal questions regarding the opioid litigation. The meeting reconvened at 8:29p.m. 4. ADJOURNMENT MOTION WAS MADE BY COUNCILMEMBER PHILLIPS AND SECONDED BY COUNCILMEMBER MONTOYA TO ADJOURN THE MEETING AT 8:29P.M. MOTION PASSED UNANIMOUSLY. Respectfully submitted, ATTEST: ~-~$.: ns en. osen aum, C"t 1 y Cl er k Mayor at time of approval Approved at the September 25, 2018, City Council meeting.

3 Unofficial until approved By City Council MINUTES THORNTON CITY COUNCIL 1472ND REGULAR MEETING SEPTEMBER 11, CALL TO ORDER - By Mayor Heidi K. Williams at 7:06 p.m. in the Council Chambers of the Thornton City Hall. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL OF COUNCIL- Those Present were: Mayor Heidi K. Williams, Mayor ProTem Jan Kulmann, and Councilmembers Sherry Goodman, Adam Matkowsky, Eric Montoya, Sam Nizam, Jacqueline Phillips, Jessica Sandgren, and Joshua. STAFF MEMBERS PRESENT- Kevin Woods, City Manager; Luis Corchado, City Attorney; Joyce Hunt, Assistant City Manager; Robb Kolstad, Assistant City Manager; Jeff Coder, Deputy City Manager for City Development; Chris Molison, Executive Director for Management Services; Brett Henry, Executive Director for Infrastructure; Mike Soderberg, Executive Director for Community Services; Randy Nelson, Police Chief; Gordon Olson, Fire Chief; John Cody, Economic Development Director; Jason O'Shea, Development Director; Grant Penland, Planning Director; Emily Hunt, Water Resources Manager; Julie Jacoby, Retail Administrator; Lori Hight, Senior Planner; Cassie Free, Development Engineering Manager; Brian Garner, Current Planning Manager; Sean Saddler, Contracts and Purchasing Director; Kristen Rosenbaum, City Clerk; and Crystal Sergent, Agenda and Licensing Coordinator. 4. APPROVAL OF THE AGENDA MOTION WAS MADE BY COUNCILMEMBER MATKOWSKY AND SECONDED BY COUNCILMEMBER ZYGIELBAUM TO APPROVE THE AGENDA AS PRESENTED. COUNCILMEMBER MONTOYA MADE A MOTION TO AMEND THE MAIN MOTION TO APPROVE THE AGENDA WITH THE EXCEPTION OF ACTION ITEMS D, E, AND F. MOTION WAS SECONDED BY COUNCILMBER NIZAM AND FAILED TO RECEIVE A MAJORITY VOTE OF THE COUNCIL AS FOLLOWS: Goodman, Montoya, Nizam, Phillips Kulmann, Matkowsky, Sandgren, Williams, and THE MAIN MOTION PASSED BY A MAJORITY VOTE OF THE COUNCIL AS FOLLOWS: Goodman, Kulmann, Matkowsky, Nizam, Phillips, Sandgren, Williams, and Montoya 5. PRESENTATIONS None

4 PAGE2 6. AUDIENCE PARTICIPATION George Horgan, 9130 Fir Drive, stated the citizen focus group will continue to be involved with the City. He addressed Council regarding a concern with fireworks. Kathryn Pardikes, 4460 E h Drive, addressed Council regarding a recent meeting about the dog park and a recent DUI checkpoint. Suzanne Cabral, Franklin Street, asked Council to support Proposition 112. She presented slides and spoke about oil and gas tracking concerns. Connie Beach, Locust Street, asked Council to support Proposition 112 regarding setbacks from oil and gas developments and expressed her concerns with tracking. Doug Roberts, 8391 E h Circle, stated he, along with several others in the audience from the Glen Eagle Estates Homeowners' Association, signed up under Audience Participation but would like to address Council during the public hearing. Jim and LeAnn Brady, Xanthia Court, did not address Council. Darrel and Barb Wilmoth, Wabash Court, did not address C,ouncil. Lawrence and Susan Ligon, 8260 E h Place, did not address Council. Doug and Jean Spicer, 8250 E h Place, did not address Council. Angelina LaFave, 2996 E h Place, addressed Council with concerns regarding oil and gas setbacks and asked Council to support Proposition 112. Judith Kowitt, Columbine Circle, addressed Council with concerns regarding oil and gas setbacks and asked Council to support Proposition 112. Mary Payne, Newport Way, asked Council to take a moment of silence. She spoke about a Thornton Arts, Sciences and Humanities Council party at a park on August 25 and the arts and culture program. Jamie Klein, Wabash Court, did not address Council. Toni Klein, Wabash Court, did not address Council. Glenn and Pam Glasser, Valentia Street, did not address Council. Jeremy Rodriguez, W. Colfax Avenue, from Representative Perlmutter's Office, updated Council on current and future activities. Dale and Dione Algrim, 8695 E h Avenue, did not address Council. Andrew Gonzales, Verbena Court, did not address Council. Seyed Kalantar, 8180 E h Place, did not address Council.

5 PAGE3 7. COUNCIL COMMENTS/COMMUNICATIONS Mayor Pro Tem Kulmann acknowledged the 9/11 Holiday. She congratulated Mayor Williams for her nomination at the Women of the Metro North event. She reported on Harvest Fest, the North 1-25 Coalition, and an upcoming grand opening at the Fossil Ridge Public Safety Center next week. Councilmember Sandgren reported on the Harvest Fest pancake breakfast at the Thornton Active Adult Center, congratulated Mayor Pro Tem Kulmann for her nomination at the Women of the Metro North event, thanked the Fire Department who saluted the Honor Flights Veterans on Sunday, and acknowledged the 9/11 Holiday. Councilmember Phillips announced the 2019 Colorado Firefighter calendar is complete and explained where the proceeds go. She reported on the Ward 1 Annual Niver Creek Open Space clean-up on September 22 from 9:00a.m. to 12:00 p.m. and Ward 1 meeting last night. Mayor Williams reported on board and commission vacancies, the Adams County Spaceport, and the 27 J Quist Middle School groundbreaking. She congratulated Mayor Pro Tem Kulmann on her nomination at the Women of the Metro North event and acknowledged the 9/11 Holiday. 8. STAFF REPORTS None 9. CONSENT CALENDAR MOTION WAS MADE BY COUNCILMEMBER MATKOWSKY AND SECONDED BY COUNCILMEMBER ZYGIELBAUM TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The City Clerk read into the record the title of the ordinance contained on the Consent Calendar. MOTION PASSED UNANIMOUSLY. THE FOLLOWING COUNCIL DOCUMENTS WERE APPROVED ON THE CONSENT CALENDAR: A. Approval of Minutes - August 21, 2018 Special and August 28, 2018 Special and Regular City Council Meetings. B. An ordinance amending Section of the City Code pertaining to certain definitions found in Article Ill relating to Solid Waste. (Second Reading) C. A resolution authorizing a Non-Exclusive Right-of-Way Use Agreement between the City of Thornton and Adams County Communication Center, Inc. D. A resolution authorizing an Intergovernmental Agreement between the City of Thornton and the Colorado Department of Transportation for the Westgate Community School Safe Routes to School Project.

6 PAGE4 E. A resolution amending Council Policy 1.1 of Resolution C.D. No regarding appointment of City Council representatives to various boards and commissions for 2018 and 2019 to change the alternate representation on the E-470 Highway Authority. 10. PUBLIC HEARINGS At this time, individuals wishing to provide testimony during the public hearing were sworn in by the City Clerk. A A public hearing regarding a Comprehensive Plan Amendment, a Rezoning, and a Conceptual Site Plan for property generally located at the southwest corner of East 136th Avenue and Yosemite Street (Timberleaf). The public hearing was opened at 7:46 p.m. The City Manager gave the opening remarks. Grant Penland, Planning Director, stated he was previously sworn. He entered into the record the notice of hearing published on the City's official website and at locations required by City Code, the notice mailed to property owners within 1,500 feet, and additional comments received after the packet distribution, which were marked as City's Exhibits 1, 2, and 3 respectively. He stated that the property was posted and the applicant will give testimony to that posting. Mr. Penland provided information on the proposed development and presented slides of a vicinity map, an aerial map, the Comprehensive Plan Amendment map, the Zoning map, the Conceptual Site Plan, the design of the southern portion of the proposed development based upon feedback from neighbors, and the neighborhood meeting, which were later marked as City's Exhibit 4. Mr. Penland answered a question from Council regarding the trail connection. Ken Merritt, JR Engineering, 2900 South College Avenue, Fort Collins, representative for the Applicant, stated he was previously sworn. He attested to the fact that the affidavit of posting and notification were properly made in accordance with the City Code and will be provided to City staff this evening. Mr. Merritt provided information on the proposed development and presented slides of the aerial context map, Conceptual Site Plan, pocket park Conceptual Site Plan, and architecture elevations, which were later marked as Applicant's Exhibit A. Mr. Merritt answered questions from Council regarding the plan for maintenance of the pocket park, if Urban Drainage and Flood Control District will be doing the restoration on the channels, the Conceptual Site Plan map, and the infrastructure plan for Yosemite Street. Eli Farney, JR Engineering, 7200 S. Alton Way, Suite C400, Centennial, stated he was previously sworn. He answered questions from Council regarding the infrastructure plan for Yosemite Street and traffic and safety concerns. Cassie Free, Development Engineering Manager, stated she was previously sworn. She answered questions from Council regarding the designation of Yosemite Street and the City's Transportation Master Plan.

7 PAGES Mr. Farney answered questions from Council regarding traffic concerns, future infrastructure and traffic signal plans for the Riverdale Road and Yosemite Street intersection, and the number of children crossing the street. There was discussion by Council regarding the proposed development. Mr. Merritt provided the history and a summary of the proposed development. There was continued discussion by Council regarding the proposed development. Mr. Farney and Mr. Merritt answered questions from Council regarding traffic signals, school zone speed limits, and pedestrian crossings. There was continued discussion by Council regarding the proposed development. Ms. Free answered questions from Council regarding the timeline for signalizing different intersections, who is responsible for the costs, and if the signalizing will be complete by the time the project is complete. Todd Bloom, DR Horton, 9555 South Kingston Court, Englewood, was previously sworn in. He addressed Council regarding the Applicant's proposal and spoke about the City's Transportation Master Plan. Dan Satriana, 8480 E. 130th Circle and Darrel Wilmoth, Wabash Court, stated they were sworn previously sworn. They addressed Council on behalf of the individuals signed up to speak in opposition to the proposed development and entered a document into the record, which was marked as Opponent's Exhibit 1. They spoke about concerns regarding the safety of the subdivision and children, traffic, and the condition of the roads in the subdivision. They recommended vacating a vehicular road and invited Council to visit the subdivision. They asked the neighbors of Glen Eagle Estates to stand up; 69 people stood. The following individuals signed up in opposition to the proposed development: Greg Schriner, 8360 E. 130th Circle Mindy Schriner, 8360 E. 130th Circle Taylor Schriner, 8360 E. 130th Circle Albert Kendrick, 8460 E. 130th Circle Holly Osgood, 8181 E h Place Chris Butler, 8429 E h Avenue Toni Butler, 8429 E h Avenue Jessica Hofmann, 8825 E h Avenue Kelly DeMattee, 8310 E h Place Mike DeMattee, 8310 E h Place Matthew Cartwright, 8171 E Court Diane Cartwright, 8171 E. 131 st Court Edwin Olivas, 8220 E h Circle Dione Algrim, 8695 E h Avenue Jerry Aragon, 8471 E h Circle Dee Aragon, 8471 E h Circle Doug Nedved, 8240 E h Place Kamlin Nedved, 8240 E h Place Juan and JoAnn Rodriguez, 8292 E h Place

8 PAGE6 Richard and Linda White, 8333 E h Avenue Steve and Mona Lucero, 8312 E h Avenue Marcia and Kurt Zuger, Verbena Court Seyed Kalantar, 8180 E h Place Andrew Gonzales, Verbena Court Sandra Hizhley, 8353 E h Avenue Doug and Lucinda Enright, Xanthia Court William Lee, 8231 E h Place Joanne Lee, 8231 E h Place Soraya Cuevas, Uinta Street Lori Wolfe, 8490 E. 130ih Circle Steve Wolfe, 8490 E h Circle No one signed up nor wished to speak in support of the proposed development. The City Attorney clarified Robert's Rules of Order regarding public hearings. Mr. Merritt responded to concerns stated by the public. There was continued discussion from Council regarding the proposed development and the City's Transportation Master Plan. COUNCILMEMBER ZYGIELBAUM MADE A MOTION TO CONTINUE THE PUBLIC HEARING TO THE SEPTEMBER 25 MEETING. MOTION WAS SECONDED BY COUNCILMEMBER PHILLIPS AND PASSED BY A MAJORITY VOTE OF THE COUNCIL AS FOLLOWS: Goodman, Kulmann, Matkowsky, Nizam, Phillips, Sandgren, Williams, and Montoya The meeting recessed at 8:47p.m. and reconvened at 9:00p.m. B. A public hearing regarding a Comprehensive Plan Amendment, Rezoning with an associated Overall Development Plan/Conceptual Site Plan, and Planned Development Standards for property generally located at the northeast corner of Washington Center Parkway and Washington Street (Washington Center Avilla Eastlake). The public hearing was opened at 9:01 p.m. The City Manager gave the opening remarks. Grant Penland, Planning Director, stated he was previously sworn. He entered into the record the notice of hearing published on the City's official website and at locations required by City Code and the notice mailed to property owners within 1,500 feet, which were marked as City's Exhibits 1 and 2, respectively. He also entered into the record the Affidavit of Posting and Posting Log, which was marked as Applicant's Exhibit A. Mr. Penland provided information regarding the proposed development and presented slides of a vicinity map, an aerial map, the Comprehensive Plan Amendment map, the Eastlake at h Station Area Master Plan map, the Zoning

9 PAGE 7 map, the Overall Development Plan/Conceptual Site Plan, and the neighborhood meeting, which were later marked as City's Exhibit 3. Reed Ruck, NexMetro Communities, 1415 Park Avenue, stated he was previously sworn. He provided information and background information on the proposed development. Diana Rae I, Norris Design, 1101 Bannock Street, stated she was previously sworn. She provided details about the proposed development. Ms. Rae I answered a question from Council regarding the location of the commercial component of the development and referred to the Overall DevelopmenUConceptual Site Plan. Glen Lambertson, Kearney Street, signed up to speak in support of the proposed development and stated he was previously sworn. He recommended that Council support this project. No one signed up nor wished to speak in opposition to the proposed development. The public hearing was closed at 9:18 p.m. 1) A resolution approving a Comprehensive Plan Amendment of approximately 29 acres of land generally located at the northeast corner of Washington Center Parkway and Washington Street to modify the designation from Employment Center to Residential Medium and Commercial and amending the Future Land Use Map (Washington Center Avilla Eastlake). MOTION WAS MADE BY MAYOR PROTEM KULMANN AND SECONDED BY COUNCILMEMBER MATKOWSKY TO APPROVE A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT OF APPROXIMATELY 29 ACRES OF LAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF WASHINGTON CENTER PARKWAY AND WASHINGTON STREET TO MODIFY THE DESIGNATION FROM EMPLOYMENT CENTER TO RESIDENTIAL MEDIUM AND COMMERCIAL AND AMENDING THE FUTURE LAND USE MAP (WASHINGTON CENTER AVILLA EASTLAKE). MOTION WAS DISCUSSED AND PASSED UNANIMOUSLY. 2) An ordinance approving a Rezoning of approximately 29 acres of land generally located at the northeast corner of Washington Center Parkway and Washington Street to modify the designation from Business Park to Planned Development, including an Overall Development Plan/Conceptual Site Plan, and Planned Development Standards to develop a mixed-use neighborhood {Washington Center Avilla Eastlake). MAYOR PRO TEM KULMANN INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON FIRST READING, WHICH APPROVES A REZONING OF APPROXIMATELY 29 ACRES OF LAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF WASHINGTON CENTER PARKWAY AND WASHINGTON STREET TO MODIFY THE DESIGNATION FROM BUSINESS PARK TO PLANNED DEVELOPMENT, INCLUDING AN OVERALL DEVELOPMENT

10 SEPTEMBER 11,2018, CITY COUNCIL MINUTES PAGES PLAN/CONCEPTUAL SITE PLAN, AND PLANNED DEVELOPMENT STANDARDS TO DEVELOP A MIXED-USE NEIGHBORHOOD (WASHINGTON CENTER AVILLA EASTLAKE). MOTION WAS SECONDED BY COUNCILMEMBER MATKOWSKY AND PASSED UNANIMOUSLY. C. A hearing regarding the RII-DII Business Improvement District for property generally located at the northwest corner of h Avenue and Washington Street. The hearing was opened at 9:20p.m. The City Manager gave the opening remarks. John Cody, Economic Development Director, stated he was previously sworn. He entered into the record the notice of hearing publication and the notice mailed to the property owner, which were marked as City's Exhibits 1 and 2, respectively. Mr. Cody provided information regarding the proposed Business Improvement District. Randy Schwartz, 9193 E. Vassar Avenue, Denver and Matt Dalton, Spencer Fane, 1700 Lincoln Street, Suite 2000, Denver, Representative of the Applicant, were sworn in by the City Clerk. Mr. Dalton asked Mr. Schwartz questions regarding the Business Improvement District. He entered into the record Sworn Statements concerning the eligibility of individuals to serve as the Board of Directors, which were marked as Applicant's Exhibit A No one, other than the Applicant, signed up nor wished to speak in support of the proposed Business Improvement District. No one signed up nor wished to speak in opposition to the proposed Business Improvement District. The hearing was closed at 9:28 p.m. 1) An ordinance authorizing the organization of the RII-DII Business Improvement District, designating the service area of the District as a location for new business or commercial development, and placing certain restrictions and limitations on the exercise of District powers prior to approval of an operating plan and budget for the District. COUNCILMEMBER SANDGREN INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON FIRST READING, WHICH AUTHORIZES THE ORGANIZATION OF THE RII-DII BUSINESS IMPROVEMENT DISTRICT, DESIGNATES THE SERVICE AREA OF THE DISTRICT AS A LOCATION FOR NEW BUSINESS OR COMMERCIAL DEVELOPMENT, AND PLACES CERTAIN RESTRICTIONS AND LIMITATIONS ON THE EXERCISE OF DISTRICT POWERS PRIOR TO APPROVAL OF AN OPERATING PLAN AND BUDGET FOR THE DISTRICT. MOTION WAS SECONDED BY COUNCILMEMBER ZYGIELBAUM, DISCUSSED, AND PASSED BY A MAJORITY VOTE OF THE COUNCIL AS FOLLOWS:

11 PAGE9 Goodman, Kulmann, Montoya, Nizam, Phillips, Sandgren, Williams, and Matkowsky 2) An ordinance appointing the Board of Directors for the RII-DII Business Improvement District. COUNCILMEMBER SANDGREN INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON FIRST READING, WHICH APPOINTS THE BOARD OF DIRECTORS FOR THE RII-DII BUSINESS IMPROVEMENT DISTRICT. MOTION WAS SECONDED BY COUNCILMEMBER ZYGIELBAUM AND PASSED BY A MAJORITY VOTE OF THE COUNCIL AS FOLLOWS: Goodman, Kulmann, Montoya, Nizam, Phillips, Sandgren, Williams, and Matkowsky 11. ACTION ITEMS A. An ordinance amending City Code Subsection (b) to add an additional factor that will be considered in the procurement of construction services that exceed $500,000 in estimated construction cost, and additional clean-up to Subsection (d), and Section Chris Malison, Executive Director for Management Services, provided information on this item. Mr. Malison answered questions from Council regarding the impact this could have on contractors and the City. There was discussion by Council regarding the proposed Code Amendment. COUNCILMEMBER ZYGIELBAUM INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON FIRST READING, WHICH AMENDS CITY CODE SUBSECTION (b) TO ADD AN ADDITIONAL FACTOR THAT WILL BE CONSIDERED IN THE PROCUREMENT OF CONSTRUCTION SERVICES THAT EXCEED $500,000 IN ESTIMATED CONSTRUCTION COST, AND ADDITIONAL CLEAN-UP TO SUBSECTION (d), AND SECTION MOTION WAS SECONDED BY COUNCILMEMBER MONTOYA, DISCUSSED, AND PASSED BY A MAJORITY VOTE OF THE COUNCIL AS FOLLOWS: Kulmann, Matkowsky, Montoya, Phillips, Sandgren, and Goodman, Nizam, and Williams B. A resolution declaring a Stage 1 Drought Watch and authorizing the City Manager to implement the Water Use Rules and Regulations for the conservation of water in the City of Thornton water service area. Emily Hunt, Water Resources Manager, provided information on this item.

12 PAGE10 Ms. Hunt answered questions from Council regarding water restrictions by other water providers and drpught concerns. MOTION WAS MADE BY COUNCILMEMBER ZYGIELBAUM AND SECONDED BY COUNCILMEMBER PHILLIPS TO APPROVE A RESOLUTION DECLARING A STAGE 1 DROUGHT WATCH AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE WATER USE RULES AND REGULATIONS FOR THE CONSERVATION OF WATER IN THE CITY OF THORNTON WATER SERVICE AREA. MOTION PASSED UNANIMOUSLY. C. An ordinance enacting a new City Code Section 2-88 establishing the Judicial Appointment and Retention Advisory Commission. Joyce Hunt, Assistant City Manager, provided information on this item. Ms. Hunt answered a question from Council regarding the timeline of the Commission being formed. COUNCILMEMBER MONTOYA INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON FIRST READING, WHICH ENACTS A NEW CITY CODE SECTION 2-88 ESTABLISHING THE JUDICIAL APPOINTMENT AND RETENTION ADVISORY COMMISSION. MOTION WAS SECONDED BY COUNCILMEMBER PHILLIPS AND PASSED BY A MAJORITY VOTE OF THE COUNCIL AS FOLLOWS: Kulmann, Matkowsky, Montoya, Phillips, Sandgren, Williams, and Goodman and Nizam D. A resolution opposing State Ballot Measure Amendment 74 (Initiative 108), which amends the State Constitution to include just compensation for any government law or regulation deemed to reduce fair market value of private property. MOTION WAS MADE BY COUNCILMEMBER ZYGIELBAUM AND SECONDED BY COUNCILMEMBER PHILLIPS TO APPROVE A RESOLUTION OPPOSING STATE BALLOT MEASUREAMENDMENT74 (INITIATIVE 108), WHICH AMENDS THE STATE CONSTITUTION TO INCLUDE JUST COMPENSATION FOR ANY GOVERNMENT LAW OR REGULATION DEEMED TO REDUCE FAIR MARKET VALUE OF PRIVATE PROPERTY. MOTION WAS DISCUSSED AND PASSED BY A MAJORITY VOTE OF THE COUNCIL AS FOLLOWS: Goodman, Kulmann, Matkowsky, Nizam, Phillips, Sandgren, Williams, and Montoya E. A resolution opposing State Ballot Initiative 97, which is a Statutory proposal that requires new oil and natural gas development (not on federal land) to be located at least feet from an Occupied Structure or Vulnerable Area. MOTION WAS MADE BY COUNCILMEMBER MATKOWSKY AND SECONDED BY COUNCILMEMBER GOODMAN TO APPROVE A RESOLUTION OPPOSING STATE BALLOT INITIATIVE 97, WHICH IS A STATUTORY PROPOSAL THAT REQUIRES NEW OIL AND NATURAL GAS DEVELOPMENT (NOT ON FEDERAL

13 SEPTEMBER 11, 2018, CITY COUNCIL MINUTES PAGE 11 LAND) TO BE LOCATED AT LEAST 2,500 FEET FROM AN OCCUPIED STRUCTURE OR VULNERABLE AREA. MOTION WAS DISCUSSED AND PASSED BY A MAJORITY VOTE OF THE COUNCIL AS FOLLOWS: Goodman, Kulmann, Matkowsky, Nizam, Phillips, Sandgren, and Williams Montoya and F. A resolution supporting the Urban Drainage and Flood Control District Ballot Issue to increase District taxes, not to exceed $1.97 for each $100,000 of actual residential valuation (approximately $14.9 million), in 2019 and by such amount as may be raised annually thereafter from a levy not to exceed 1.0 mill to pay for District work in coordination with local governments. MOTION WAS MADE BY COUNCILMEMBER SANDGREN AND SECONDED BY COUNCILMEMBER PHILLIPS TO APPROVE A RESOLUTION SUPPORTING THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT BALLOT ISSUE TO INCREASE DISTRICT TAXES, NOT TO EXCEED $1.97 FOR EACH $100,000 OF ACTUAL RESIDENTIAL VALUATION (APPROXIMATELY $14.9 MILLION), IN 2019 AND BY SUCH AMOUNT AS MAY BE RAISED ANNUALLY THEREAFTER FROM A LEVY NOT TO EXCEED 1.0 MILL TO PAY FOR DISTRICT WORK IN COORDINATION WITH LOCAL GOVERNMENTS. MOTION PASSED BY A MAJORITY VOTE OF THE COUNCIL AS FOLLOWS: Goodman, Kulmann, Matkowsky, Nizam, Phillips, Sandgren, Williams, and Montoya 12. ADJOURNMENT MOTION WAS MADE BY COUNCILMEMBER ZYGIELBAUM AND SECONDED BY COUNCILMEMBER PHILLIPS TO ADJOURN THE MEETING AT 10:07 P.M. MOTION PASSED UNANIMOUSLY. Respectfully submitted, ATTEST: c ~. ~~n~t Licensing Coordinator Mayor at time of approval Approved at the September 25, 2018, City Council meeting.

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