COUNCIL COMMUNICATION Meeting Date: Agenda Item: Agenda Location: Goal(s): Legal Review:

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1 COUNCIL COMMUNICATION Meeting Date: Agenda Item: Agenda Location: Goal(s): Legal Review: August 28, A Consent Calendar N/A _1st Reading _ 2nd Reading Subject: A Motion approving the Minutes of the July 31, 2018 Special and August 14, 2018 Special and Regular City Council meetings. [220-BC] Recommended by: Robb Kolstad~{. Approved by: Kevin S. Woods Ordinance previously Presenter(s): Kristen Rosenbaum, City Clerk ~ introduced by: SYNOPSIS: The official Minutes of the July 31,2018 Special and August 14,2018 Special and 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 CANAL YSIS/NEXT STEPS/HISTORY): (includes previous City Council action) None

2 MINUTES THORNTON CITY COUNCIL SPECIAL MEETING JULY 31 I 2018 Unofficial until approved By City Council 1. CALL TO ORDER - By Mayor Heidi K. Williams at 7:00 p.m. in the Training Room of the Thornton City Hall. 2. ROLL CALL OF COUNCIL - Those Present were: Mayor Heidi K. Williams and Councilmembers Sherry Goodman, Adam Matkowsky, Sam Nizam, Jacqueline Phillips, and Jessica Sandgren. Absent - Mayor Pro Tem Jan Kulmann and Councilmembers Eric Montoya and Joshua Zygielbaum. STAFF MEMBERS PRESENT- Kevin Woods, City Manager; Luis Corchado, City Attorney; Kristen Rosenbaum, City Clerk. MOTION WAS MADE BY COUNCILMEMBER SANDGREN AND SECONDED BY COUNCILMEMBER MATKOWSKY TO RECESS THE MEETING INTO EXECUTIVE SESSION. MOTION PASSED UNANIMOUSLY. The meeting recessed at 7:01 p.m. The City Clerk was excused and left the Training Room at 7:03p.m. 3. ACTION ITEMS Executive Session pursuant to C.R.S (4)(b), conferences with the City Attorney for the purposes of receiving legal advice on specific legal questions regarding the scope of legal representation of councilmembers. The meeting reconvened at 7:35 p.m. MOTION WAS MADE BY COUNCILMEMBER PHILLIPS AND SECONDED BY COUNCILMEMBER MATKOWSKY TO ADJOURN THE MEETING AT 7:35P.M. MOTION PASSED UNANIMOUSLY. The City Clerk returned to the Training Room at 7:59p.m. The City Attorney requested to go back into executive session. The meeting reconvened at 8:01 p.m. MOTION WAS MADE BY COUNCILMEMBER MATKOWSKY AND SECONDED BY COUNCILMEMBER SANDGREN TO RECESS THE MEETING INTO EXECUTIVE SESSION. MOTION PASSED UNANIMOUSLY. The meeting recessed at 8:02p.m. and reconvened at 8:12p.m. 4. ADJOURNMENT MOTION WAS MADE BY COUNCILMEMBER GOODMAN AND SECONDED BY COUNCILMEMBER MATKOWSKY TO ADJOURN THE MEETING AT 8:12P.M. MOTION PASSED UNANIMOUSLY.

3 JULY 31, 2018, SPECIAL CITY COUNCIL MINUTES PAGE2 Respectfully submitted, ATTEST: KeviA S. Woods, City Clerk Designee Mayor at time of approval Approved at the August 28, 2018, City Council meeting.

4 MINUTES THORNTON CITY COUNCIL SPECIAL MEETING AUGUST 14, 2018 Unofficial until approved By City Council 1. CALL TO ORDER - By Mayor Heidi K. Williams at 6:45 p.m. in the Council Conference Room of the Thornton City Hall. 2. 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, Jessica Sandgren, and Joshua Zygielbaum. Absent - Councilmember Jacqueline Phillips. STAFF MEMBERS PRESENT- Kevin Woods, City Manager; Luis Corchado, City Attorney; Jeff Coder, Deputy City Manager for City Development; John Cody, Economic Development Director; Adam Krueger, Assistant Economic Development Director; Maria Ostrom, Finance Director; and Kristen Rosenbaum, City Clerk. 3. ACTION ITEMS Executive Session pursuant to C.R.S (4)(b) and (e), conferences with the City Attorney for the purposes of receiving legal advice on specific legal questions regarding the RII-DII petition and to discuss potential matters of negotiation. MOTION WAS MADE BY COUNCILMEMBER ZYGIELBAUM AND SECONDED BY COUNCILMEMBER MONTOYA TO RECESS THE MEETING INTO EXECUTIVE SESSION. MOTION PASSED UNANIMOUSLY. The special meeting recessed at 6:47p.m. and reconvened at 6:59p.m. The special meeting recessed at 6:59 p.m. for the regular Council meeting and reconvened at 8:08p.m. The special meeting recessed into executive session at 8:08 p.m. and reconvened at 8:41 p.m. The special meeting recessed at 8:41 p.m. for the regular Council meeting and reconvened at 8:49p.m. Executive Session pursuant to C.R.S (4)(b) and (e), conferences with the City Attorney for purposes of receiving legal advice on specific legal questions and determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators regarding the legal disputes over the DIA airport noise violations. The special meeting recessed into executive session at 8:49p.m. and reconvened at 9:00 p.m. 4. ADJOURNMENT MOTION WAS MADE BY COUNCILMEMBER MATKOWSKY AND SECONDED BY COUNCILMEMBER SANDGREN TO ADJOURN THE MEETING AT 9:00P.M. MOTION PASSED UNANIMOUSLY.

5 AUGUST 14, 2018, SPECIAL CITY COUNCIL MINUTES PAGE2 Respectfully submitted, ATTEST: Kristen N. Rosenbaum, City Clerk Mayor at time of approval Approved at the August 28, 2018, City Council meeting.

6 Unofficial until approved By City Council MINUTES THORNTON CITY COUNCIL 1470TH REGULAR MEETING AUGUST 14, CALL TO ORDER- By Mayor Heidi K. Williams at 7:04 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 Pro Tern Jan Kulmann, and Councilmembers Sherry Goodman, Adam Matkowsky, Eric Montoya, Sam Nizam, Jessica Sandgren, and Joshua Zygielbaum. Absent - Councilmember Jacqueline Phillips. STAFF MEMBERS PRESENT- Kevin Woods, City Manager; Luis Corchado, City Attorney; 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; Randy Nelson, Police Chief; Gordon Olson, Fire Chief; Maria Ostrom, Finance Director; John Cody, Economic Development Director; Jason O'Shea, Development Director; Grant Penland, Planning Director; Jeff Cannon, Systems Administrator; Scott Magerfleisch, Information Technology Director; Gerald Straubinger, Police Officer; Emily Hunt, Water Resources Manager; Jay Ruchti, Senior Planner; Diane Van Fossen, Deputy Director for Community Services; Cassie Free, Development Engineering Manager; Adam Krueger, Assistant Economic Development Director; Kristen Rosenbaum, City Clerk; and Crystal Sergent, Agenda and Licensing Coordinator. 4. APPROVAL OF THE AGENDA MOTION WAS MADE BY COUNCILMEMBER ZYGIELBAUM AND SECONDED BY COUNCILMEMBER MONTOYA TO APPROVE THE AGENDA AS PRESENTED. MOTION PASSED UNANIMOUSLY. 5. PRESENTATIONS A. A resolution conveying the City Council's gratitude and appreciation to Ralph J. (Jeff) Cannon for his many contributions during the past twenty years of dedicated service to the City of Thornton. MAYOR PRO TEM KULMANN INTRODUCED, READ IN ITS ENTIRETY, AND MOVED TO APPROVE A RESOLUTION CONVEYING THE CITY COUNCIL'S GRATITUDE AND APPRECIATION TO RALPH J. (JEFF) CANNON FOR HIS MANY CONTRIBUTIONS DURING THE PAST TWENTY YEARS OF DEDICATED SERVICE TO THE CITY OF THORNTON. MOTION WAS SECONDED BY COUNCILMEMBER MATKOWSKY AND PASSED UNANIMOUSLY. Mayor Williams thanked Mr. Cannon for his service and presented him with a plaque. B. A resolution conveying the City Council's gratitude and appreciation to Officer Gerald L. (Jerry) Straubinger for his many contributions during the past thirty-five years of dedicated service to the City of Thornton.

7 AUGUST 14, 2018, CITY COUNCIL MINUTES PAGE2 COUNCILMEMBER MATKOWSKY INTRODUCED, READ IN ITS ENTIRETY, AND MOVED TO APPROVE A RESOLUTION CONVEYING THE CITY COUNCIL'S GRATITUDE AND APPRECIATION TO OFFICER GERALD L. (JERRY) STRAUBINGER FOR HIS MANY CONTRIBUTIONS DURING THE PAST THIRTY FIVE YEARS OF DEDICATED SERVICE TO THE CITY OF THORNTON. MOTION WAS SECONDED BY COUNCILMEMBER ZYGIELBAUM AND PASSED UNANIMOUSLY. Mayor Williams thanked Mr. Straubinger for his service and presented him with a plaque. 6. AUDIENCE PARTICIPATION Curtis Kowalski, 2909 E. 152nd Place, addressed Council regarding concerns with Stargate Charter School and requested a meeting with City Council. Jan Houston, 1490 Russell Way, addressed Council regarding the iwatch program, specifically pertaining to speedbumps and handed a document to the City Manager. She requested statistics regarding requirements for speedbumps. Jeremy Newton, 2761 E. 93rd Place, addressed Council regarding respect for differences in opinions pertaining to politics. Mayor Williams presented a plaque to Jeremy Newton which proclaimed that July 20, 2018 was Jeremy Newton Mayor for the Day. 7. COUNCIL COMMENTS/COMMUNICATIONS Councilmember Goodman reported on National Night Out, the ribbon cutting at Vibra Rehabilitation Hospital, and the StartUp North Adams County Pitch Competition on November 18. Councilmember Sandgren reported on National Night Out, the Ward 2 Ice Cream Social, and the Kaleidoscope exhibit at the Margaret Carpenter Amphitheater. Councilmember Montoya reported on National Night Out, the Ward 2 Ice Cream Social, and the groundbreaking at Crossing Pointe. Councilmember Zygielbaum reported on the Ward 3 Ice Cream Social. Mayor ProTem Kulmann spoke about National Night Out. Mayor Williams reported on board and commission vacancies, affordable and attainable housing in the City, and the City's Comprehensive Plan. She reminded everybody to be careful of children now that school has started. 8. STAFF REPORTS None

8 AUGUST 14, 2018, CITY COUNCIL MINUTES PAGE3 9. CONSENT CALENDAR MOTION WAS MADE BY COUNCILMEMBER ZYGIELBAUM AND SECONDED BY COUNCILMEMBER SANDGREN TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The City Clerk read into the record the titles of the ordinances contained on the Consent Calendar. MOTION PASSED UNANIMOUSLY. THE FOLLOWING COUNCIL DOCUMENTS WERE APPROVED ON THE CONSENT CALENDAR: A. Approval of Minutes - July 17, 2018 Special and July 24, 2018 Special and Regular City Council Meetings. B. An ordinance approving the annexation of approximately 184 acres of property generally located east of Riverdale Road between East 88th Avenue and East 96th Avenue to the City of Thornton (88th Avenue Open Space Annexation). (Second Reading) C. An ordinance approving the Zoning of approximately 184 acres of land as Parks and Open Space and amending the Official Zoning Map for property generally located east of Riverdale Road between East 88th Avenue and East 96th Avenue to the City of Thornton (88th Avenue Open Space Annexation). (Second Reading) D. An ordinance authorizing and approving the execution and delivery by the City of a site and improvement lease and a lease purchase agreement and related documents, concerning the leasing by the City of certain property owned by the City to finance certain public improvements, including a public safety facility and the Trail Winds Recreation Center; setting forth certain parameters and restrictions; ratifying action previously taken; and providing other matters related thereto. (Second Reading) E. A resolution appointing a member to the Local Licensing 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 the Annexation, Findings of Fact, Comprehensive Plan Amendment, and Zoning for property generally located west of Yosemite Street and south of East h Avenue (27 J Quist Middle School Annexation). The public hearing was opened at 7:48 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 in the Northglenn-Thornton Sentinel, 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

9 AUGUST 14, 2018, CITY COUNCIL MINUTES PAGE4 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 presented slides of aerial vicinity maps, the Annexation map, the Comprehensive Plan Amendment map, and the Zoning map. He provided information regarding the proposed annexation. Bruce Larson, Larson lncitti Architects, 1900 Wazee Street, Denver, Applicant, stated he was previously sworn in by the City Clerk. He introduced his support team with him. Mr. Larson presented slides of the School District Boundary map, student population and projection, Site map, Site Plan, location of the middle school, building design, and elevation renderings. No one signed up nor wished to speak in support of or in opposition to the proposed annexation. The public hearing was closed at 7:58 p.m. 1) An ordinance approving the annexation of 2.58 acres of property situated in the northeast quarter of Section 28, Township 1 South, Range 67 West of the 6th Principal Meridian, County of Adams, State of Colorado, generally located west of Yosemite Street and south of East 136th Avenue and assigning the annexed property to Ward 3 (27 J Quist Middle School Annexation). COUNCILMEMBER ZYGIELBAUM INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON FIRST READING, WHICH APPROVES THE ANNEXATION OF 2.58 ACRES OF PROPERTY SITUATED IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 1 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF ADAMS, STATE OF COLORADO, GENERALLY LOCATED WEST OF YOSEMITE STREET AND SOUTH OF EAST 136TH AVENUE AND ASSIGNS THE ANNEXED PROPERTY TO WARD 3 (27J QUIST MIDDLE SCHOOL ANNEXATION). MOTION WAS SECONDED BY COUNCILMEMBER SANDGREN, DISCUSSED, AND PASSED UNANIMOUSLY. 2) A resolution adopting certain Findings of Fact for the annexation to the City of Thornton of certain unincorporated territory situated in the northeast quarter of Section 28, Township 1 South, Range 67 West of the 6th Principal Meridian, County of Adams, State of Colorado, generally located west of Yosemite Street and south of East 136th Avenue and assigning the annexed property to Ward 3 (27 J Quist Middle School Annexation). MOTION WAS MADE BY COUNCILMEMBER ZYGIELBAUM AND SECONDED BY COUNCILMEMBER NIZAM TO APPROVE A RESOLUTION ADOPTING CERTAIN FINDINGS OF FACT FOR THE ANNEXATION TO THE CITY OF THORNTON OF CERTAIN UNINCORPORATED TERRITORY SITUATED IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 1 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF ADAMS, STATE OF

10 AUGUST 14, 2018, CITY COUNCIL MINUTES PAGES 11. ACTION ITEMS COLORADO, GENERALLY LOCATED WEST OF YOSEMITE STREET AND SOUTH OF EAST 136TH AVENUE AND ASSIGNING THE ANNEXED PROPERTY TO WARD 3 (27J QUIST MIDDLE SCHOOL ANNEXATION). MOTION PASSED UNANIMOUSLY. 3) A resolution approving a Comprehensive Plan Amendment for acres of property generally located west of Yosemite Street and south of East 136th Avenue to modify the designation of the property from Residential Low to Institutional, and amending the Future Land Use Map (27 J Quist Middle School Annexation). MOTION WAS MADE BY COUNCILMEMBER ZYGIELBAUM AND SECONDED BY COUNCILMEMBER NIZAM TO APPROVE A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT FOR ACRES OF PROPERTY GENERALLY LOCATED WEST OF YOSEMITE STREET AND SOUTH OF EAST 136TH AVENUE TO MODIFY THE DESIGNATION OF THE PROPERTY FROM RESIDENTIAL LOW TO INSTITUTIONAL, AND AMENDING THE FUTURE LAND USE MAP (27 J QUIST MIDDLE SCHOOL ANNEXATION). MOTION PASSED UNANIMOUSLY. 4) An ordinance approving the Zoning for 3.09 acres of property generally located west of Yosemite Street and south of East 136th Avenue to Multifamily and amending the Official Zoning Map (27 J Quist Middle School Annexation). COUNCILMEMBER ZYGIELBAUM INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON FIRST READING, WHICH APPROVES THE ZONING FOR 3.09 ACRES OF PROPERTY GENERALLY LOCATED WEST OF YOSEMITE STREET AND SOUTH OF EAST 136TH AVENUE TO MULTIFAMILY AND AMENDS THE OFFICIAL ZONING MAP (27J QUIST MIDDLE SCHOOL ANNEXATION). MOTION WAS SECONDED BY COUNCILMEMBER NIZAM AND PASSED UNANIMOUSLY. A. A resolution declaring September 10-16, 2018 as Colorado Cities and Towns Week in the City of Thornton and encouraging all citizens to support the celebration. MOTION WAS MADE BY COUNCILMEMBER SANDGREN AND SECONDED BY MAYOR PRO TEM KULMANN TO APPROVE A RESOLUTION DECLARING SEPTEMBER 10-16, 2018 AS COLORADO CITIES AND TOWNS WEEK IN THE CITY OF THORNTON AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION. MOTION PASSED UNANIMOUSLY. B. An ordinance adopting the fifth amendment to the 2018 Budget amending section one of Ordinance 3450, making appropriations for the City of Thornton, Colorado for the fiscal year 2018 for all funds except that appropriations for certain individual projects shall not lapse at year end but continue until the project is completed or cancelled. Robb Kolstad, Assistant City Manager, provided information on this item.

11 AUGUST 14, 2018, CITY COUNCIL MINUTES PAGE6 There was discussion by Council regarding the grants. COUNCILMEMBER ZYGIELBAUM INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON FIRST READING, WHICH ADOPTS THE FIFTH AMENDMENT TO THE 2018 BUDGET AMENDING SECTION ONE OF ORDINANCE 3450, MAKING APPROPRIATIONS FOR THE CITY OF THORNTON, COLORADO FOR THE FISCAL YEAR 2018 FOR ALL FUNDS EXCEPT THAT APPROPRIATIONS FOR CERTAIN INDIVIDUAL PROJECTS SHALL NOT LAPSE AT YEAR END BUT CONTINUE UNTIL THE PROJECT IS COMPLETED OR CANCELLED. MOTION WAS SECONDED BY COUNCILMEMBER NIZAM AND PASSED UNANIMOUSLY. C. A resolution approving the First Amendment to the October 16, 2006 Intergovernmental Agreement between the City of Arvada, Colorado and the City of Thornton. Colorado coordinating the delivery of shoulder month return flow water. Emily Hunt, Water Resources Manager, presented a slide and information regarding this item. MOTION WAS MADE BY MAYOR PRO TEM KULMANN AND SECONDED BY COUNCILMEMBER MATKOWSKY TO APPROVE A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE OCTOBER 16, 20061NTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ARVADA, COLORADO AND THE CITY OF THORNTON, COLORADO COORDINATING THE DELIVERY OF SHOULDER MONTH RETURN FLOW WATER MOTION PASSED UNANIMOUSLY. The meeting recessed into executive session at 8:08p.m. and reconvened at 8:43p.m. D. A resolution acknowledging receipt of the Business Improvement District petition and establishing September 11, 2018 as the date for a hearing and consideration of the requested Business Improvement District generally located west of Washington Street between h Avenue and Avenue in the City of Thornton (RII-DII Business Improvement District). John Cody, Economic Development Director, presented information on this item. MOTION WAS MADE BY COUNCILMEMBER ZYGIELBAUM AND SECONDED BY COUNCILMEMBER SANDGREN TO APPROVE A RESOLUTION ACKNOWLEDGING RECEIPT OF THE BUSINESS IMPROVEMENT DISTRICT PETITION AND ESTABLISHING SEPTEMBER 11, 2018 AS THE DATE FOR A HEARING AND CONSIDERATION OF THE REQUESTED BUSINESS IMPROVEMENT DISTRICT GENERALLY LOCATED WEST OF WASHINGTON STREET BETWEEN 148TH AVENUE AND T AVENUE IN THE CITY OF THORNTON (RII-DII BUSINESS IMPROVEMENT DISTRICT). MOTION PASSED BY A MAJORITY VOTE OF THE COUNCIL AS FOLLOWS: Ayes: Goodman, Kulmann, Montoya, Nizam, Sandgren, Williams, and Zygielbaum Nayes: Matkowsky

12 AUGUST 14, 2018, CITY COUNCIL MINUTES PAGE ADJOURNMENT MOTION WAS MADE BY COUNCILMEMBER MATKOWSKY AND SECONDED BY COUNCILMEMBER ZYGIELBAUM TO ADJOURN THE MEETING AT 8:46P.M. MOTION PASSED UNANIMOUSLY. Respectfully submitted, ATTEST: C~~e~~~ and Coordinator Licensing Mayor at time of approval Approved at the August 28, 2018, City Council meeting.