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

October 9, 2018 9A Consent Calendar N/A _ 1st Reading _2nd Reading

Subject: A Motion approving the Minutes of the September 25, 2018 Regular and October 2, 2018 City Council meetings. [220-BC]

Recommended by: Robb Kolstad fZ-f:- Approved by: Kevin S. Wo~ Ordinance previously

Presenter(s): Kristen Rosenbaum, City Clerk introduced by:

SYNOPSIS:

The official Minutes of the September 25, 2018 Regular and October 2, 2018 Special 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

MINUTES THORNTON CITY COUNCIL 1473RD REGULAR MEETING

SEPTEMBER 25, 2018

Unofficial until approved By City Council

1. CALL TO ORDER - By Mayor Heidi K. Williams at 7:03 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 and Councilmembers, Adam Matkowsky, Eric Montoya, Sam Nizam, Jacqueline Phillips, Jessica Sandgren, and Joshua Zygielbaum. Absent - Mayor Pro Tern Jan Kulmann and Councilmember Sherry Goodman.

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; Randy Nelson, Police Chief; Gordon Olson, Fire Chief; John Cody, Economic Development Director; Jason O'Shea, Development Director; Grant Penland, Planning Director; Sabrina lacovetta, Community Safety and Information Officer; Robin Brown, Senior City Development Analyst, Nicole Jeffers, Neighborhood Services Manager; Adam Krueger, Assistant Economic Development Director; Lori Hight, Senior Planner; Justin Currey, Fire Department Engineer; Cassie Free, Development Engineering Manager; Stephanie Harpring, Assistant Fire Chief; Monica Heimbecher, Customer Billing Manager; Diane Van Fossen, Deputy Director for Community Services; Darrell Alston, Traffic Engineer; Kristen Rosenbaum, City Clerk; and Crystal Sergent, Agenda and Licensing Coordinator.

4. APPROVAL OF THE AGENDA

MOTION WAS MADE BY COUNCILMEMBER PHILLIPS AND SECONDED BY COUNCILMEMBER NIZAM TO APPROVE THE AGENDA AS PRESENTED. MOTION PASSED UNANIMOUSLY.

5. PRESENTATIONS

A. A resolution conveying the City Council's gratitude and appreciation to Sabrina M. lacovetta for her many contributions during the past thirty years of dedicated service to the City of Thornton.

COUNCILMEMBER SANDGREN INTRODUCED, READ IN ITS ENTIRETY, AND MOVED TO APPROVE A RESOLUTION CONVEYING THE CITY COUNCIL'S GRATITUDE AND APPRECIATION TO SABRINA M. IACOVETTA FOR HER MANY CONTRIBUTIONS DURING THE PAST THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF THORNTON. MOTION WAS SECONDED BY COUNCILMEMBER ZYGIELBAUM AND PASSED UNANIMOUSLY.

Mayor Williams thanked Ms. lacovetta for her service and presented her with a certificate.

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B. A resolution to introduce the North Area Youth Community Outreach group to City Council and to recognize individuals that have volunteered 50 or more hours with a certificate.

COUNCILMEMBER ZYGIELBAUM INTRODUCED, READ IN ITS ENTIRETY, AND MOVED TO APPROVE A RESOLUTION TO INTRODUCE THE NORTH AREA YOUTH COMMUNITY OUTREACH GROUP TO CITY COUNCIL AND TO RECOGNIZE INDIVIDUALS THAT HAVE VOLUNTEERED 50 OR MORE HOURS WITH A CERTIFICATE. MOTION WAS SECONDED BY COUNCILMEMBER MONTOYA AND PASSED UNANIMOUSLY.

Justin Currey, Fire Department Engineer, provided information about the projects that the volunteers worked on.

Mayor Williams thanked the North Area Youth Community Outreach group and presented them with certificates.

C. A resolution declaring October 7 through October 13, 2018 as National Fire Prevention Week and October 6 and October 7, 2018 as National Fallen Firefighters' Memorial Weekend.

Gordon Olson, Fire Chief, provided highlights of National Fire Prevention Week and National Fallen Firefighters' Memorial Weekend.

COUNCILMEMBER MONTOYA INTRODUCED, READ IN ITS ENTIRETY, AND MOVED TO APPROVE A RESOLUTION DECLARING OCTOBER 7 THROUGH OCTOBER 13, 2018 AS NATIONAL FIRE PREVENTION WEEK AND OCTOBER 6 AND OCTOBER 7, 2018 AS NATIONAL FALLEN FIREFIGHTERS' MEMORIAL WEEKEND. MOTION WAS SECONDED BY COUNCILMEMBER PHILLIPS AND PASSED UNANIMOUSLY.

6. AUDIENCE PARTICIPATION

Alan Marquez, 11436 Newport Street, addressed Council regarding a ticket on his trailer. Council asked that staff speak with him regarding this issue.

Mary Payne, 12932 Newport Way, asked Council to take a moment of silence. She spoke about an article in the Northglenn-Thornton Sentinel regarding the Thornton Arts, Sciences and Humanities Council, the Niver Creek Open Space cleanup event, community projects, and art on traffic control boxes.

Jeremey Newton, 2761 E. 93rd Place, addressed Council regarding the importance and impact of art in the community.

7. COUNCIL COMMENTS/COMMUNICATIONS

Councilmember Zygielbaum reported on the Niver Creek Open Space cleanup event and the 27 J Capital Facility Fee Foundation meeting next week. He announced the Ward 3 meeting on October 4 at 6:30 p.m. at Brantner Elementary School.

Councilmember Montoya announced that there will be a Ward 2 meeting October 8 at 6:30 p.m. at the Margaret Carpenter Recreation Center.

SEPTEMBER 25, 2018, CITY COUNCIL MINUTES PAGE3

Councilmember Sandgren reported on the Fire and Police Substation ribbon cutting, Lifelong Colorado meeting, and Metro North Leadership Program meeting.

Councilmember Phillips recognized the North Area Youth Community Outreach group. She reported on the Northglenn/Thornton Rotary Club, Mapleton Early College internship program, Niver Creek Open Space cleanup event, and farmers market on Huron Street.

Mayor Williams reported on the Ward 4 meeting last week, her trip to the White House, the Denver Premium Outlets grand opening, and board and commission vacancies.

8. STAFF REPORTS

None

9. CONSENT CALENDAR

MOTION WAS MADE BY COUNCILMEMBER ZYGIELBAUM AND SECONDED BY COUNCILMEMBER PHILLIPS TO APPROVE THE CONSENT CALENDAR AS PRESENTED.

The 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 - September 4, 2018 Special and September 11, 2018 Regular City Council Meetings.

B. 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). (Second Reading)

C. Monthly Financial Report for August 2018.

D. A resolution appointing a member to the Local Licensing Authority.

E. A resolution appointing a member to the Thornton Arts, Sciences and Humanities Council Board of Directors.

F. A resolution appointing a member to the Development Permits and Appeals Board.

10. PUBLIC HEARINGS

At this time, individuals wishing to provide testimony during the public hearing were sworn in by the Clerk.

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A. A continuation of the 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) .

Mayor Williams resumed the public hearing at 7:45 p.m. The City Manager made the opening remarks.

Grant Penland, Planning Director, stated he was previously sworn. He provided information regarding the proposed development and entered into the record correspondence from School District 27 J, which was marked as City's Exhibit 5.

Ken Merritt, JR Engineering, 2900 South College Avenue, Fort Collins, representative for the Applicant, stated he was previously sworn. He provided information on the revisions to the proposed development and presented slides of key issues, a revised Conceptual Site Plan, 1361h Avenue and Yosemite Street improvements, 1361h Avenue and Yosemite Street existing and proposed street improvements, 1361h Avenue ultimate street improvements, Yosemite Street existing and proposed street improvements, and pedestrian and bike paths and safe routes to school, which were later marked as Applicant's Exhibit B.

Mr. Merritt answered questions from Council regarding the timing of infrastructure improvements on 1361h Avenue and signalization at the south entrance into Quist Middle School.

There was discussion from Council regarding the proposed development.

No one signed up to speak in support of or in opposition to the proposed development.

Doug Roberts, 8391 E. 1301h Circle, stated he was previously sworn. He stated that Glen Eagle Estates supports this project with the closure of Verbena Street and thanked Council and the Applicant for addressing safety concerns.

Darrell Alston, Traffic Engineer, stated he was previously sworn. He answered questions from Council regarding the timeline for Yosemite Street expanding to E-470 and installation of signals.

The public hearing was closed at 8:14p.m.

1) A resolution approving a Comprehensive Plan Amendment of approximately 125 acres of land generally located at the southwest corner of East 136th Avenue and Yosemite Street to reconfigure the Residential Low and Parks and Open Space designations and amending the Future Land Use Map (Timberleaf).

MOTION WAS MADE BY COUNCILMEMBER ZYGIELBAUM AND SECONDED BY COUNCILMEMBER MONTOYA TO APPROVE A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT OF APPROXIMATELY 125 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF EAST 136TH AVENUE AND YOSEMITE STREET TO RECONFIGURE THE RESIDENTIAL LOW AND PARKS AND OPEN SPACE DESIGNATIONS AND AMENDING THE FUTURE LAND USE MAP (TIMBERLEAF). MOTION PASSED UNANIMOUSLY.

SEPTEMBER 25, 2018, CITY COUNCIL MINUTES PAGES

2) An ordinance approving a Rezoning of approximately 125 acres of land generally located at the southwest corner of East 136th Avenue and Yosemite Street to reconfigure the Single-Family Detached and Parks and Open Space designations (Timberleaf).

COUNCILMEMBER ZYGIELBAUM INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON FIRST READING, WHICH APPROVES A REZONING OF APPROXIMATELY 125 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF EAST 136TH AVENUE AND YOSEMITE STREET TO RECONFIGURE THE SINGLE-FAMILY DETACHED AND PARKS AND OPEN SPACE DESIGNATIONS (TIMBERLEAF). MOTION WAS SECONDED BY COUNCILMEMBER MONTOYA, DISCUSSED, AND PASSED UNANIMOUSLY.

3) A resolution approving a Conceptual Site Plan of approximately 122 acres of land generally located at the southwest corner of East 136th Avenue and Yosemite Street to develop a residential neighborhood (Timberleaf).

MOTION WAS MADE BY COUNCILMEMBER ZYGIELBAUM AND SECONDED BY COUNCILMEMBER NIZAM TO APPROVE A RESOLUTION APPROVING A CONCEPTUAL SITE PLAN OF APPROXIMATELY 122 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF EAST 136TH AVENUE AND YOSEMITE STREET TO DEVELOP A RESIDENTIAL NEIGHBORHOOD (TIMBERLEAF). MOTION PASSED UNANIMOUSLY.

B. A public hearing regarding an ordinance enacting a new City Code Section 18-361 regarding other temporary uses, amending Section 18-569 regarding the use of a conveyance as a building, and amending Sections 18-160 and 18-901 to designate zoning district allowances and define the new land use.

The public hearing was opened at 8:18p.m. The City Manager gave the opening remarks.

Robin Brown, Senior City Development Analyst, was sworn in by the Clerk. She entered into the record the notice of hearing published on the City's official website and at City Hall, the Margaret Carpenter Recreation Center, and the Thornton Active Adult Center, which was marked as City's Exhibit 1.

Ms. Brown provided information regarding the proposed Code amendment and presented slides of temporary uses, use of conveyance as a building, and additional proposed amendments, which were later marked as City's Exhibit 2.

Ms. Brown clarified the types of uses that would be allowed and the requirements.

No one signed up nor wished to speak in opposition to the proposed ordinance.

Rany Elissa and Alexa Garrido, 16696 Gaylord Street, Right on Mobile Education, signed up to speak in support of the proposed development and stated they were previously sworn. They thanked Council for its support and expressed excitement to be involved with the City.

SEPTEMBER 25, 2018, CITY COUNCIL MINUTES PAGE6

The public hearing was closed at 8:26 p.m.

COUNCILMEMBER MONTOYA INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON FIRST READING, WHICH ENACTS A NEW CITY CODE SECTION 18-361 REGARDING OTHER TEMPORARY USES, AMENDS SECTION 18-569 REGARDING THE USE OF A CONVEYANCE AS A BUILDING, AND AMENDS SECTIONS 18-160 AND 18-901 TO DESIGNATE ZONING DISTRICT ALLOWANCES AND DEFINE THE NEW LAND USE. MOTION WAS SECONDED BY COUNCILMEMBER PHILLIPS, DISCUSSED, AND PASSED UNANIMOUSLY.

C. A public hearing regarding a resolution authorizing the submission of the Consolidated Annual Performance and Evaluation Report for the 2017 Community Development Block Grant program year.

The public hearing was opened at 8:27 p.m. The City Manager gave the opening remarks.

Nicole Jeffers, Neighborhood Services Manager, stated she was previously sworn. She entered into the record the notice of hearing and public comment period published in the Northglenn-Thornton Sentinel, on the City's official website, and at locations required by City Code, which were marked as City's Exhibit 1.

Councilmember Phillips left the Chambers at 8:27p.m. and returned at 8:30p.m.

Ms. Jeffers presented slides and reviewed the purpose of Community Development Block Grant objectives; home repair programs; the School-based Health Center; solar panels installation project; emergency rent, mortgage, and utility assistance; Thornton Valley East drainage improvements; and public comments; which were later marked as City's Exhibit 2.

Mayor Williams left the Chambers at 8:33p.m. and returned at 8:36p.m.

No one signed up nor wished to speak in support of or in opposition to the proposed resolution.

The City Attorney addressed questions from Council regarding Robert's Rules of Order.

The public hearing was closed at 8:35p.m.

MOTION WAS MADE BY COUNCILMEMBER PHILLIPS AND SECONDED BY COUNCILMEMBER SANDGREN TO APPROVE A RESOLUTION AUTHORIZING THE SUBMISSION OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR THE 2017 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR. MOTION WAS DISCUSSED AND PASSED UNANIMOUSLY.

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11 . ACTION ITEMS

A. A resolution approving an Intergovernmental Agreement for information sharing among the City of Thornton, Adams 12 Five Star Schools, Stargate Charter School, School District 27 J, and the 171h Judicial District Attorney's Office for dissemination of information related to public safety concerns.

Randy Nelson, Police Chief, provided information on this item.

Chief Nelson answered questions from Council regarding the lapse between the expired and proposed Intergovernmental Agreements (IGAs), Stargate Charter School as a signer to the IGA, the purpose of the IGA, and the reason other schools are not included in the I GA.

The City Attorney answered a question regarding adding other schools to the I GA.

Council asked staff to invite other schools to join the I GA.

MOTION WAS MADE BY COUNCILMEMBER MATKOWSKY AND SECONDED BY COUNCILMEMBER ZYGIELBAUM TO APPROVE A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR INFORMATION SHARING AMONG THE CITY OF THORNTON, ADAMS 12 FIVE STAR SCHOOLS, STARGATE CHARTER SCHOOL, SCHOOL DISTRICT 27J, AND THE 17TH JUDICIAL DISTRICT ATTORNEY'S OFFICE FOR DISSEMINATION OF INFORMATION RELATED TO PUBLIC SAFETY CONCERNS. MOTION PASSED UNANIMOUSLY.

B. An ordinance authorizing the organization of the RII-DII Business Improvement District, designating the service area of the District as a location for ne.w 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 (RII-DII Business Improvement District).

Adam Krueger, Assistant Economic Development Director, introduced this item.

COUNCILMEMBER SANDGREN INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON SECOND 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 (RII-DII BUSINESS IMPROVEMENT DISTRICT). MOTION WAS SECONDED BY COUNCILMEMBER MONTOYA AND PASSED BY A MAJORITY VOTE OF THE COUNCIL AS FOLLOWS:

Ayes: Montoya, Nizam, Phillips, Sandgren, Williams, and Zygielbaum Nayes: Matkowsky

SEPTEMBER 25, 2018, CITY COUNCIL MINUTES PAGES

C. An ordinance appointing the Board of Directors for the RII-DII Business Improvement District (RII-DII Business Improvement District).

COUNCILMEMBER SANDGREN INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON SECOND READING, WHICH APPOINTS THE BOARD OF DIRECTORS FOR THE RII-DII BUSINESS IMPROVEMENT DISTRICT (RII-DII BUSINESS IMPROVEMENT DISTRICT). MOTION WAS SECONDED BY COUNCILMEMBER NIZAM AND PASSED BY A MAJORITY VOTE OF THE COUNCIL AS FOLLOWS:

Ayes: Montoya, Nizam, Phillips, Sandgren, Williams, and Zygielbaum Nayes: Matkowsky

D. An ordinance amending City Code Subsection 26-256(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 26-256(d) , and Section 26-258.

Chris Molison, Executive Director for Management Services, introduced this item.

COUNCILMEMBER ZYGIELBAUM INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON SECOND READING, WHICH AMENDS CITY CODE SUBSECTION 26-256(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 26-256(D), AND SECTION 26-258. MOTION WAS SECONDED BY COUNCILMEMBER MATKOWSKY AND PASSED BY A MAJORITY VOTE OF THE COUNCIL AS FOLLOWS:

Ayes: Matkowsky, Montoya, Phillips, Sandgren, and Zygielbaum Nayes: Nizam and Williams

E. An ordinance enacting a new City Code Section 2-88 establishing the Judicial Appointment and Retention Advisory Commission.

Joyce Hunt, Assistant City Manager, introduced this item.

COUNCILMEMBER MONTOYA INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON SECOND READING, WHICH ENACTS A NEW CITY CODE SECTION 2-88 ESTABLISHING THE JUDICIAL APPOINTMENT AND RETENTION ADVISORY COMMISSION. MOTION WAS SECONDED BY COUNCILMEMBER ZYGIELBAUM AND PASSED BY A MAJORITY VOTE OF THE COUNCIL AS FOLLOWS:

Ayes: Matkowsky, Montoya, Phillips, Sandgren, Williams, and Zygielbaum Nayes: Nizam

12. ADJOURNMENT

MOTION WAS MADE BY COUNCILMEMBER MONTOYA AND SECONDED BY COUNCILMEMBER ZYGIELBAUM TO ADJOURN THE MEETING AT 8:57P.M. MOTION PASSED UNANIMOUSLY.

SEPTEMBER 25, 2018, CITY COUNCIL MINUTES PAGE9

ATTEST:

Mayor at time of approval

Respectfully submitted,

Kristen N. Rosenbaum, City Clerk

Approved at the October 9, 2018, City Council meeting.

MINUTES THORNTON CITY COUNCIL

SPECIAL MEETING OCTOBER 2, 2018

Unofficial until approved By City Council

1. CALL TO ORDER - By Mayor Pro Tem Jan Kulmann at 7:06 p.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, Eric Montoya, Sam Nizam, Jacqueline Phillips, and Jessica Sandgren. Absent - Mayor Heidi K. Williams and Councilmembers Adam Matkowsky and Joshua Zygielbaum.

STAFF MEMBERS PRESENT- Kevin Woods, City Manager; Luis Corchado, City Attorney; and Kristen Rosenbaum, City Clerk.

MOTION WAS MADE BY COUNCILMEMBER PHILLIPS AND SECONDED BY COUNCILMEMBER SANDGREN TO RECESS THE MEETING INTO EXECUTIVE SESSION. MOTION PASSED UNANIMOUSLY.

The meeting recessed at 7:07 p.m.

3. ACTION ITEMS

Executive Session pursuant to C.R.S. 24-6-402(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 7:18 p.m.

4. ADJOURNMENT

MOTION WAS MADE BY COUNCILMEMBER PHILLIPS AND SECONDED BY COUNCILMEMBER MONTOYA TO ADJOURN THE MEETING AT 7:18P.M. MOTION PASSED UNANIMOUSLY.

Respectfully submitted,

Kristen N. Rosenbaum, City Clerk ATTEST:

Mayor at time of approval

Approved at the October 9, 2018, City Council meeting.