COUNCIL COMMUNICATION Meeting Date: Agenda Item : Agenda Location: Goal(s): Legal Review: July 10, 2018 9A Consent Calendar N/A _ 1st Reading _2nd Reading Subject: A Motion approving the Minutes of the June 12, 2018 Special and Regular City Council meetings. [220-BC] Recommended by: Robb Kolstad [2./ L Presenter(s): Kristen Rosenbaum, City Clerk I' Approved ~ff S. Woods Ordinance previously introduced by: SYNOPSIS: The official Minutes of the June 12, 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 (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action) None
Unofficial until approved By City Council MINUTES THORNTON CITY COUNCIL SPECIAL MEETING JUNE 12, 2018 1. CALL TO ORDER- By Mayor ProTem Jan Kulmann at 6:20p.m. in the Training Room of the Thornton City Hall. 2. ROLL CALL OF COUNCIL - Those Present were: Mayor Pro Tem Jan Kulmann and Councilmembers Sherry Goodman, Sam Nizam, Jessica Sandgren, and Joshua Zygielbaum. Absent- Mayor Heidi K. Williams and Councilmembers Adam Matkowsky, Eric Montoya, and Jacqueline Phillips. STAFF MEMBERS PRESENT- Kevin Woods, City Manager; Luis Corchado, City Attorney; Brett Henry, Executive Director for Infrastructure; Jeff Coder, Deputy City Manager for City Development; Mike Dino, Strategic Political and Communications Advisor; Mark Koleber, Water Project Director; Todd Barnes, Communications Director; and Kristen Rosenbaum, City Clerk. MOTION WAS MADE BY COUNCILMEMBER ZYGIELBAUM AND SECONDED BY COUNCILMEMBER SANDGREN TO RECESS THE MEETING INTO EXECUTIVE SESSION. MOTION PASSED UNANIMOUSLY. The meeting recessed into executive session at 6:21 p.m. 3. ACTION ITEMS Executive Session pursuant to C.R.S. 24-06-402(4)(b), conferences with the City Attorney for purposes of receiving legal advice on specific legal questions regarding the Thornton Water Project Communications The meeting reconvened at 6:45p.m. 4. ADJOURNMENT MOTION WAS MADE BY COUNCILMEMBER GOODMAN AND SECONDED BY COUNCILMEMBER ZYGIELBAUM TO ADJOURN THE MEETING AT 6:45P.M. MOTION PASSED UNANIMOUSLY. Respectfully submitted, ATTEST: Mayor at time of approval Approved at the July 10, 2018, City Council meeting.
Unofficial until approved By City Council MINUTES THORNTON CITY COUNCIL 1467TH REGULAR MEETING JUNE 12, 2018 1. CALL TO ORDER- By Mayor ProTem Jan Kulmann at 7:00p.m. in the Council Chambers of the Thornton City Hall. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL OF COUNCIL - Those Present were: Mayor Pro Tem Jan Kulmann and Councilmembers Sherry Goodman, Sam Nizam, Jessica Sandgren, and Joshua Zygielbaum. Absent - Mayor Heidi K. Williams and Councilmembers Adam Matkowsky, Eric Montoya, and 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; Brett Henry, Executive Director for Infrastructure; Mike Soderberg, Executive Director for Community Services; Gordon Olson, Executive Director - Fire Chief; Maria Ostrom, Finance Director; John Cody, Economic Development Director; Jason O'Shea, Development Director; Grant Penland, Current Planning Manager; Nicole Jeffers, Neighborhood Services Manager; Robin Brown, Senior City Development Analyst; Kent Moorman, Regional Transportation Engineer; Chad Howell, Redevelopment Administrator; Kayla Sarber-Perrotta, Management Analyst; Cliff Brown, Deputy Police Chief; Cassie Free, Development Engineering Manager; Lori Hight, Senior Planner; 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 GOODMAN AND SECONDED BY COUNCILMEMBER SANDGREN TO APPROVE THE AGENDA AS PRESENTED. MOTION PASSED UNANIMOUSLY. 5. PRESENTATIONS A. A resolution commending Andrew Darr for his service on the Businesses of Thornton Advisory Commission. COUNCILMEMBER ZYGIELBAUM INTRODUCED, READ IN ITS ENTIRETY, AND MOVED TO APPROVE A RESOLUTION COMMENDING ANDREW DARR FOR HIS SERVICE ON THE BUSINESSES OF THORNTON ADVISORY COMMISSION. MOTION WAS SECONDED BY COUNCILMEMBER NIZAM AND PASSED UNANIMOUSLY. Mayor ProTem Kulmann thanked Mr. Darr for his service and presented him with a plaque.
PAGE2 B. A resolution commending Kelvin Kos for his service on the Local Licensing Authority. COUNCILMEMBER SANDGREN INTRODUCED, READ IN ITS ENTIRETY, AND MOVED TO APPROVE A RESOLUTION COMMENDING KELVIN KOS FOR HIS SERVICE ON THE LOCAL LICENSING AUTHORITY. MOTION WAS SECONDED BY COUNCILMEMBER ZYGIELBAUM AND PASSED UNANIMOUSLY. Mayor ProTem Kulmann thanked Mr. Kos for his service and presented him with a plaque. 6. AUDIENCE PARTICIPATION David Steiner, 8948 Fox Drive, addressed Council regarding trash in the Fox Creek Condominiums and a request for amendments to the City Code. Council referred Mr. Steiner to speak with staff. Sally Vander Veer, 130 W. 84 1 h Avenue, Owner of Medicine Man dispensary addressed Council regarding the use of marijuana during pregnancy and how Medicine Man and the industry are handling this matter. Kathryn Pardikes, 4460 E. 1 06 1 h Drive, addressed Council regarding the size of the interim small dog park, benefits of dog parks, and potentially bringing a dog park to the south area of the City. Cindy Utesch, 12589 Forest Drive, secretary of the citizen focus group, thanked Council for their help with the fireworks and spoke about the community's involvement regarding fireworks. Jeremy Rodriguez, 12600 W. Colfax Avenue, from Representative Perlmutter's Office, updated Council on current and future activities. 7. COUNCIL COMMENTS/COMMUNICATIONS Councilmember Sandgren reported on the Northglenn/Thornton Rotary Ducky Derby event. Councilmember Zygielbaum reminded everybody that fireworks are illegal in the City and provided information about the National Suicide Prevention Hotline and other resources. Mayor Pro Tem Kulmann reported on the groundbreaking at the Trail Winds Recreation Center, a dinner with the Weld County Commissioners, the Rocky Flats Stewardship Council, the 1-25 Coalition, and board and commission vacancies. 8. STAFF REPORTS None 9. CONSENT CALENDAR MOTION WAS MADE BY COUNCILMEMBER ZYGIELBAUM AND SECONDED BY COUNCILMEMBER SANDGREN TO APPROVE THE CONSENT CALENDAR AS PRESENTED.
PAGE 3 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 - May 15, 2018 Special and May 22, 2018 Special and Regular City Council Meetings. B. Three ordinances approving the annexation of approximately 214 acres of property generally located north and south of East 1 04th Avenue and west of Brighton Road, and assigning the annexed property to Ward 2 (Cooley East 2, 3, and 4 Annexations). 1) An ordinance approving the annexation of approximately 30 acres of property situated in the northwest quarter of Section 16, Township 2 South, Range 67 West of the 6th Principal Meridian, County of Adams, State of Colorado, generally located south of East 1 04th Avenue and west of Brighton Road and assigning the annexed property to Ward 2 (Cooley East 2 Annexation). (Second Reading) 2) An ordinance approving the annexation of approximately 57 acres of property situated in the southwest quarter of Section 9, Township 2 South, Range 67 West of the 6th Principal Meridian, County of Adams, State of Colorado, generally located north of East 1 04th Avenue and west of Brighton Road and assigning the annexed property to Ward 2 (Cooley East 3 Annexation). (Second Reading) 3) An ordinance approving the annexation of approximately 127 acres of property situated in the south half of Section 9, Township 2 South, Range 67 West of the 6th Principal Meridian, County of Adams, State of Colorado, generally located north of East 1 04th Avenue and west of Brighton Road and assigning the annexed property to Ward 2 (Cooley East 4 Annexation). (Second Reading) C. An ordinance approving the Zoning of approximately 214 acres of land as Parks and Open Space and amending the Official Zoning Map for property generally located north and south of East 1 04 1 h Avenue and west of Brighton Road (Cooley East 2, 3, and 4 Annexations). (Second Reading) D. Report of independent auditors for year ended December 31, 2017. E. A resolution appointing a member to the Parks and Open Space Advisory Commission. F. A resolution expressing the intent of the City of Thornton to be reimbursed expenses relating to financing construction of a new recreation center. G. A resolution approving an Intergovernmental Agreement between Adams County and the City of Thornton for continued participation in the Home Investment Partnerships Program Consortium for program years 2019, 2020, and 2021.
PAGE4 H. A resolution acknowledging receipt of the 88th Avenue Open Space annexation petition and establishing July 24, 2018 as the date for consideration of the requested annexation of property generally located east of Riverdale Road between East 88th Avenue and East 96th Avenue to the City of Thornton (88 1 h Avenue Open Space Annexation). I. A resolution approving an agreement between the City of Thornton and the State Board of the Great Outdoors Colorado Trust Fund for the Big Dry Creek Pilot Project Floodplain Restoration. J. A resolution approving the amended and restated Adoption Agreement for the Governmental Money Purchase Plan and Trust with the International City Management Association Retirement Corporation for the City Manager. K. A resolution approving the amended and restated Adoption Agreement for the Governmental Money Purchase Plan and Trust with the International City Management Association Retirement Corporation for General Employees. L. A resolution approving the amended and restated Adoption Agreement for the Governmental Money Purchase Plan and Trust with the International City Management Association Retirement Corporation for Police Officers. M. A resolution approving the Release of Utility Extension Policy Contract between the City of Thornton and Hunter Douglas Specialty Products, Inc. regarding the Hunter Douglas Property. 10. PUBLIC HEARINGS At this time, individuals wishing to provide testimony during the public hearings were sworn in by the City Clerk. A. 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 southwest corner of East 104th Avenue and Steele Street. (Home Place). The public hearing was opened at 7:31 p.m. The City Manager gave the opening remarks. Grant Penland, Current Planning Manager, stated he was previously sworn. He entered into the record the notice of hearing published in the Northglenn-Thornton Sentinel, 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 also entered into the record the Affidavit of Posting and Posting Log, which was marked as Applicant's Exhibit A. Mr. Penland presented information regarding the development and presented slides of a vicinity map, an aerial map, the Comprehensive Plan designation, the Crossroads at 1 04 1 h Station Area Master Plan, the Zoning map, the Overall Development Plan/Conceptual Site Plan, and a neighborhood meeting overview, which were later marked as City's Exhibit 4.
PAGES Mr. Penland answered questions from Council regarding a traffic light and the traffic study. David Ware, 4124 S. Quince Street, Denver, President and CEO of McStain Neighborhoods; Brad Haigh, 1101 Bannock Street, Denver, Principal and Landscape Architect of Norris Design; and David Williams, 3101 Iris Street, Boulder, Principal of DT J Design and Director of Architecture of Urban Design; were all previously sworn in. They provided information on the development and presented slides introducing McStain Neighborhoods, project vision, project intent, Station Area Master Plan and Transit Oriented Development, context, existing site, proposed development, connectivity, parks and open space, subdivision quality enhancements, architecture, housing design options, and commercial development, which were later marked as Applicant's Exhibit B. Mr. Ware answered a question from Council regarding the number of lanes on Steele Street and presented a slide, which is included in Applicant's Exhibit B. He answered a question from Council regarding the retail site. The following individuals signed up to speak in support of the proposed development. Their comments and questions included: the project's great amenities and connectivity, the cost of the housing, transit oriented development benefits, positive impacts of the development, and clarification on what is being considered. Mark Stutzman, 12812 Clermont Street, was previously sworn in. Midge Griffin, 4970 Homestead Place, was sworn in by the City Clerk. Justin Martinez, 452 W. 91 st Circle, was previously sworn in. Paul Bonitz, 3050 E. 101 51 Court, was previously sworn in. Gary Leikness, 2520 E. 100 1 h Way, was sworn in by the City Clerk. The following individuals signed up to speak in opposition to the proposed development. Their comments and questions included: concerns with traffic, existing infrastructure, what the traffic plan is, what is going in on the north boundary that separates the neighborhood, if there is development on York Street, limiting the development to single-family homes, the timing of the left turn arrow on Steele Street onto 104 1 h Avenue, concerns with the development if the housing market slows down, and the availability of different types of housing nearby. Mary Blake, 10370 Cook Way #512, was previously sworn in. Dan Snell baker, 2327 E. 101 st Way, was sworn in by the City Clerk. Alice Abshier, 10196 Fillmore Street, not present in the Chambers. Rose Renner, 2346 E. 101 st Way, not present in the Chambers. Dan Shoemaker, 2307 E. 101 st Way, declined to speak. John Steadman, 2367 E. 101 st Way, declined to speak. Pete Martinez, 1 0035 St. Paul Street, was sworn in by the City Clerk. Theresa Friede, 10136 Fillmore Street, was sworn in by the City Clerk. William Reinke, 3223 E. 1 02nd Drive, was sworn in by the City Clerk. Linda Reinke, 3223 E. 1 02nd Drive, declined to speak. Lorrayne Bivians, 2521 E. 100 1 h Way, was previously sworn in. Patricia Padilla, 3383 E. 1 02nd Avenue, was previously sworn in. David Laverty, 3508 E. 1 02nd Court, was previously sworn in. Council asked that staff look into the timing of the light on Steele Street.
PAGE6 Mr. Ware addressed questions regarding density, types of housing, cost of homes, zoning, traffic issues, and infrastructure improvements that will be made. He requested the public hearing be continued to address questions and concerns. The City Attorney advised Council on actions they could take. COUNCILMEMBER SANDGREN MADE A MOTION TO CONTINUE THE PUBLIC HEARING UNTIL THE JULY 10TH COUNCIL MEETING. MOTION WAS SECONDED BY COUNCILMEMBER NIZAM AND PASSED UNANIMOUSLY. B. A public hearing regarding a resolution approving and authorizing submission of the 2018 Annual Action Plan and the associated activities for Community Development Block Grant funding. The public hearing was opened at 8:37 p.m. The City Manager gave the opening remarks. Nicole Jeffers, Neighborhood Services Manager, stated she was previously sworn., She stated a draft of the plan and summary of possible activities have been on the City's website since May 9. She entered into the record the notice of hearing published in the Northglenn-Thornton Sentinel, which was marked as City's Exhibit 1. Ms. Jeffers presented slides of the objective of and who is served by Community Development Block Grant funding, the 2018 Annual Action Plan, the proposed contingency projects, the City's commitment to promote fair and affordable housing, and the recommendation and public comment, which were later marked as City's Exhibit 2. No one signed up to speak in support of or in opposition to the proposed resolution. Justin Martinez, 452 W. 91 51 Circle, was previously sworn in. He spoke in support of the program, specifically the housing security and senior services. He recommended an increase in funding for emergency mortgage, rent, and utility assistance. The public hearing was closed at 8:45 p.m. MOTION WAS MADE BY COUNCILMEMBER ZYGIELBAUM AND SECONDED BY COUNCILMEMBER GOODMAN TO APPROVE A RESOLUTION APPROVING AND AUTHORIZING SUBMISSION OF THE 2018 ANNUAL ACTION PLAN AND THE ASSOCIATED ACTIVITIES FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING. MOTION PASSED UNANIMOUSLY. C. A public hearing regarding an ordinance amending Section 18-556 of the Thornton City Code regarding landscaping maintenance requirements. The public hearing was opened at 8:46 p.m. The City Manager gave the opening remarks. Robin Brown, Senior City Development Analyst, stated she was previously sworn. She entered into the record the notice of hearing published in the Northglenn Thornton Sentinel, which was marked as City's Exhibit 1.
PAGE? Ms. Brown presented slides with information regarding the current City Code, dead trees in the City, statistics since June 2016, and proposed City Code amendments, which were later marked as City's Exhibit 2. No one signed up nor wished to speak in support of or in opposition to the proposed ordinance. The public hearing was closed at 8:50p.m. COUNCILMEMBER ZYGIELBAUM INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON FIRST READING, WHICH AMENDS SECTION 18-556 OF THE THORNTON CITY CODE REGARDING LANDSCAPING MAINTENANCE REQUIREMENTS. MOTION WAS SECONDED BY COUNCILMEMBER NIZAM AND PASSED UNANIMOUSLY. D. A public hearing regarding an ordinance amending Section 2-1 of the Thornton City Code pertaining to implementation of the City Charter changes concerning posting of approved ordinances and legal notices and making conforming amendments throughout the Code. 11. ACTION ITEMS The public hearing was opened at 8:51 p.m. The City Manager gave the opening remarks. Robb Kolstad, Assistant City Manager, stated he was previously sworn. He entered into the record the notice of hearing published in the Northglenn-Thornton Sentinel, which was marked as City's Exhibit 1. Mr. Kolstad presented slides with information regarding amendments to posting and publication procedures, which were later marked as City's Exhibit 2. No one signed up nor wished to speak in opposition to the proposed ordinance. Midge Griffin, 4970 Homestead Place, signed up to speak in support of the ordinance, but declined to speak. The public hearing was closed at 8:55p.m. COUNCILMEMBER SANDGREN INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON FIRST READING, WHICH AMENDS SECTION 2-1 OF THE THORNTON CITY CODE PERTAINING TO IMPLEMENTATION OF THE CITY CHARTER CHANGES CONCERNING POSTING OF APPROVED ORDINANCES AND LEGAL NOTICES AND MAKING CONFORMING AMENDMENTS THROUGHOUT THE CODE. MOTION WAS SECONDED BY COUNCILMEMBER ZYGIELBAUM AND PASSED UNANIMOUSLY. A. An ordinance amending Section 38-214 and Section 10-161 of the Thornton City Code pertaining to the regulation of fireworks. Gordon Olson, Fire Chief, provided highlights on this item.
PAGE 8 Mr. Olson answered a question from Council regarding the sale of fireworks in the City. He explained the definition of fireworks and that staff will look into the sale of illegal fireworks in the City. COUNCILMEMBER ZYGIELBAUM INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON SECOND READING, WHICH AMENDS SECTION 38-214 AND SECTION 10-161 OF THE THORNTON CITY CODE PERTAINING TO THE REGULATION OF FIREWORKS. MOTION WAS SECONDED BY COUNCILMEMBER GOODMAN AND PASSED BY A MAJORITY VOTE OF THE COUNCIL AS FOLLOWS: Ayes: Nayes: Goodman, Kulmann, Sandgren, and Zygielbaum Nizam B. An ordinance auth~orizing a Pilot Bike Share Permitting Program. Kent Moorman, Regional Transportation Engineer and Kayla Sarber-Perrotta, Management Analyst, presented highlights on this item and provided a letter of support received by staff. Mr. Moorman answered a question from Council regarding who chooses the locations for the stations. COUNCILMEMBER SANDGREN INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON FIRST READING, WHICH AUTHORIZES A PILOT BIKE SHARE PERMITTING PROGRAM. MOTION WAS SECONDED BY COUNCILMEMBER GOODMAN AND PASSED UNANIMOUSLY. C. An ordinance adopting the fourth 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. COUNCILMEMBER ZYGIELBAUM INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON FIRST READING, WHICH ADOPTS THE FOURTH 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, DISCUSSED, AND PASSED UNANIMOUSLY. D. A resolution declaring June 2018 as Immigrant Heritage Month in the City of Thornton Colorado. COUNCILMEMBER NIZAM INTRODUCED, READ IN ITS ENTIRETY, AND MOVED TO APPROVE A RESOLUTION DECLARING JUNE 2018 AS IMMIGRANT HERITAGE MONTH IN THE CITY OF THORNTON, COLORADO.
PAGE 9 12. ADJOURNMENT MOTION WAS SECONDED BY COUNCILMEMBER GOODMAN AND PASSED UNANIMOUSLY. MOTION WAS MADE BY COUNCILMEMBER ZYGIELBAUM AND SECONDED BY COUNCILMEMBER NIZAM TO ADJOURN THE MEETING AT 9:13 P.M. MOTION PASSED UNANIMOUSLY. Respectfully submitted, ATTEST: Crystal ergent, Agend and L1cens1ng Coordinator Mayor at time of approval Approved at the July 10, 2018, City Council meeting.