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City Council

Regular Meeting

Commerce City, CO · August 5, 2019

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Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, August 5, 2019 6:00 PM Council Chambers Regular Meeting 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 August 5, 2019, at 6:00 PM. A motion was made by Council Member Huseman, seconded by Council Member Madera, to excuse Council Members Davis and Frank from the meeting. VOTE: 7 - Aye, 2 - Excused (Davis, Frank) Present: 7 - Mayor Sean Ford , Mayor Pro Tem Rick A. Teter, Council Member Oscar Madera, Council Member Steven J. Douglas, Council Member Benjamin Huseman, Council Member Craig Hurst and Council Member Jose Guardiola Excused: 2 - Council Member Nicole Frank and Council Member Steve Davis 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Audience Introduction The audience introduced themselves. 4. Proclamations and Recognitions A motion was made by Council Member Huseman, seconded by Mayor Pro Tem Teter, to approve a proclamation ceremoniously renaming the stretch of Highway 2 within the Commerce City limits as Sean Ford Parkway. VOTE: 5 - Aye, 1 - Abstain (Ford), 1 - Nay (Douglas), 2 - Excused (Davis, Frank) Proc 19-10 Proclamation Declaring August 2019 as Employee Appreciation Month in Commerce City The city attorney read the proclamation. City staff present at the meeting came forward for a photo with council. A motion was made by Council Member Huseman, seconded by Council Member Madera, that this proclamation be approved. VOICE VOTE: Aye: 7- Mayor Ford, Mayor Pro Tem Teter, Council Member Madera, Council Member Douglas, Council Member Huseman, Council Member Hurst and Council Member Guardiola Commerce City Page 1 City Council Meeting Minutes - Final August 5, 2019 Excused: 2- Council Member Frank and Council Member Davis 5. Citizen Communication Boy Scout Matt Allen was present to earn his public service badge. The following spoke on oil and gas: Terra Moyers, 155 South Jackson Street, Denver Derek Seifried, 12411 East 106th Place Maggie Anderson, 12422 East 105th Avenue Allie Aguilar, 16567 East 99th Place Jesse Aguilar, 16567 East 99th Place Jim Cashero, 10299 Sedalia Street Casey Gan, 10083 Fairplay Street Nick Klrebenstein, 147178 Sunblaze Loop, Broomfield Judy Dorris, 11882 Chambers Drive Lisa Gudmundson, 11030 River Oaks Lane Judith Kowlt, 13471 Columbine Circle Russ Waterson, 905 West 124th Avenue John Myers, 16154 East 104th Avenue Ronna Sanchez, 10680 Waco Street Sean Cuevo, no address given Susan Noble, 10642 Olathe Street Rosana Gonzalez, 5829 East 66th Way Lucy Molina, 6650 Clermont Street Guillermo Serna, 14122 East 102nd Place Patty Sullivan, 110 Daphne Way, Broomfield Sandy Tollen, 2552 South Macon Way, Aurora Randi Webb, 12854 Villinova, Aurora Nicalee Baker, 3796 East 64th Avenue, spoke on the condition of 64th Avenue. Glen Murray, 11010 Havana Street, Brighton, spoke on the issue of the bubonic plague carried by the prairie dogs at the Rocky Mountain Arsenal Wildlife Refuge. 6. Consent Agenda A motion was made by Council Member Huseman, seconded by Council Member Madera, to approve the consent agenda as presented. ROLL CALL VOTE: Aye: 7- Mayor Ford, Mayor Pro Tem Teter, Council Member Madera, Council Member Douglas, Council Member Huseman, Council Member Hurst and Council Member Guardiola Excused: 2- Council Member Frank and Council Member Davis Min 19-116 Minutes of July 15, 2019 Commerce City Page 2 City Council Meeting Minutes - Final August 5, 2019 Ord 2230 AN ORDINANCE REPEALING AND RE-ENACTING SECTION 3-2100 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO CLARIFY THE ORIGINAL JURISDICTION OF THE COMMERCE CITY MUNICIPAL COURT Res 2019-79 RESOLUTION DECLARING SUPPORT OF PUBLIC ART INSTALLATION FOR FRONTERRA PARK Res 2019-87 A RESOLUTION AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF COMMERCE CITY PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT Res 2019-88 RESOLUTION AUTHORIZING INTERGOVERNMENTAL REIMBURSEMENT AGREEMENT WITH SECOND CREEK FARM METROPOLITAN DISTRICT NO. 1 RELATIVE TO FUNDING FOR 88TH AVENUE IMPROVEMENTS Res 2019-89 RESOLUTION AUTHORIZING INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF COMMERCE CITY AND THE E-470 PUBLIC HIGHWAY AUTHORITY REGARDING THE FUNDING OF TRAFFIC SIGNALS AT 120TH AVENUE/E-470 Res 2019-90 RESOLUTION AWARDING 2019 SLURRY SEAL PROJECT TO A-1 CHIPSEAL COMPANY, INC. 7. Ordinances on 1st Reading Ord 2234 AN ORDINANCE AMENDING THE 2019 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY APPROPRIATING PORTIONS OF THE UNENCUMBERED FUND BALANCES OF THE GENERAL FUND AND FLEET FUND, TRANSFERRING TO DESIGNATED FUNDS PORTIONS OF THE UNENCUMBERED FUND BALANCE IN THE GENERAL FUND, AND REAFFIRMING CERTAIN PRIOR APPROPRIATIONS, FOR A TOTAL AMOUNT OF $8,364,075.58 AND AUTHORIZING THE EXPENDITURE THEREOF. A motion was made by Council Member Huseman, seconded by Council Member Douglas, to amend ordinance 2234 to allocate $120,000 for a flashing yellow left turn signal at the intersection of 120th Avenue and Potomac Street. VOTE: 7 - Aye, 2 - Excused (Davis, Frank) A motion was made by Mayor Pro Tem Teter, seconded by Council Member Douglas, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Commerce City Page 3 City Council Meeting Minutes - Final August 5, 2019 Aye: 7- Mayor Ford, Mayor Pro Tem Teter, Council Member Madera, Council Member Douglas, Council Member Huseman, Council Member Hurst and Council Member Guardiola Excused: 2- Council Member Frank and Council Member Davis 8. Ordinances on 2nd Reading Ord 2213 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE AND ENACTING A NEW SECTION 21-9260 AUTHORIZING THE COLLECTION OF AN OIL AND GAS TRANSPORTATION IMPACT FEE A motion was made by Mayor Pro Tem Teter, seconded by Council Member Madera, that this ordinance be approved on second & final reading. VOTE: Aye: 7- Mayor Ford, Mayor Pro Tem Teter, Council Member Madera, Council Member Douglas, Council Member Huseman, Council Member Hurst and Council Member Guardiola Excused: 2- Council Member Frank and Council Member Davis 9. Presentations Pres 19-381 Suncor Presentation Donald Austin, Vice President of Suncor, provided an update on Suncor operations in Commerce City. Pres 19-393 Oakwood Presentation: Metropolitan District Kelly Lead, Executive Vice Lead of Oakwood Homes, provided an overview of the upcoming Reunion metropolitan districts scheduled for the August 19, 2019 public hearing. 10. Administrative Council Business A motion was made by Council Member Huseman, seconded by Council Member Madera, to allow for the expenditure of $545 for Mayor Ford to attend a symposium on marijuana management in September. Vote: 7 - Aye, 2 - Excused (Davis, Frank) Mayor Ford asked staff to investigate parked RVs on city streets. Council Member Douglas asked for staff to put out notices on Channel 8 and on the website about tree limb height limits that overhang sidewalks and walkways. Pres 19-385 Regional Operator Agreement Update City Planner Dominick Martinelli provided an overview on the public comments received for the draft regional operator agreement. Commerce City Page 4 City Council Meeting Minutes - Final August 5, 2019 11. Reports City Manager McBroom highlighted items presented in his weekly report provided to council earlier. The mayor and council reported on their attendance at various meetings and events. A motion was made by Council Member Huseman, seconded by Council Member Madera, to direct staff to schedule an executive session on August 19, 2019 to bring more information back to council related to a unsolicited bid received by the E-470 Authority Board. Vote: 7- Aye, 2 - Excused (Davis, Frank) 12. Adjourn The meeting adjourned at 10:35 p.m. 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: ___________________________ Dylan A. Gibson, Deputy City Clerk Commerce City Page 5

Agenda

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Agenda - Final City Council Monday, August 5, 2019 6:00 PM Council Chambers Regular Meeting 1. Call to Order/Roll Call - 6:00 PM 2. Pledge of Allegiance 3. Audience Introduction - 6:05 PM 4. Proclamations and Recognitions - 6:10 PM Proc 19-10 Proclamation Declaring August 2019 as Employee Appreciation Month in Commerce City Attachments: Proclamation 5. Citizen Communication - 6:20 PM 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. 6. Consent Agenda - 7:20 PM Min 19-116 Minutes of July 15, 2019 Attachments: Minutes Ord 2230 AN ORDINANCE REPEALING AND RE-ENACTING SECTION 3-2100 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO CLARIFY THE ORIGINAL JURISDICTION OF THE COMMERCE CITY MUNICIPAL COURT Attachments: Ordinance - Final Res 2019-79 RESOLUTION DECLARING SUPPORT OF PUBLIC ART INSTALLATION FOR FRONTERRA PARK Attachments: Resolution Supporting Documentation Background Materials Commerce City Page 1 Printed on 8/1/2019 City Council Meeting Agenda - Final August 5, 2019 Res 2019-87 A RESOLUTION AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF COMMERCE CITY PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT Attachments: Resolution Commerce City 2019 Assignment of Allocation Res 2019-88 RESOLUTION AUTHORIZING INTERGOVERNMENTAL REIMBURSEMENT AGREEMENT WITH SECOND CREEK FARM METROPOLITAN DISTRICT NO. 1 RELATIVE TO FUNDING FOR 88TH AVENUE IMPROVEMENTS Attachments: Resolution Res 2019-89 RESOLUTION AUTHORIZING INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF COMMERCE CITY AND THE E-470 PUBLIC HIGHWAY AUTHORITY REGARDING THE FUNDING OF TRAFFIC SIGNALS AT 120TH AVENUE/E-470 Attachments: Resolution IGA Exhibit A - Map Staff Memo Res 2019-90 RESOLUTION AWARDING 2019 SLURRY SEAL PROJECT TO A-1 CHIPSEAL COMPANY, INC. Attachments: Resolution Slurry Seal Contract Staff Memo 7. Ordinances on 1st Reading - 7:25 PM Ord 2234 AN ORDINANCE AMENDING THE 2019 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY APPROPRIATING PORTIONS OF THE UNENCUMBERED FUND BALANCES OF THE GENERAL FUND AND FLEET FUND, TRANSFERRING TO DESIGNATED FUNDS PORTIONS OF THE UNENCUMBERED FUND BALANCE IN THE GENERAL FUND, AND REAFFIRMING CERTAIN PRIOR APPROPRIATIONS, FOR A TOTAL AMOUNT OF $8,364,075.58 AND AUTHORIZING THE EXPENDITURE THEREOF. Attachments: Ordinance 8. Ordinances on 2nd Reading - 7:30 PM Commerce City Page 2 Printed on 8/1/2019 City Council Meeting Agenda - Final August 5, 2019 Ord 2213 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE AND ENACTING A NEW SECTION 21-9260 AUTHORIZING THE COLLECTION OF AN OIL AND GAS TRANSPORTATION IMPACT FEE Attachments: Ordinance - Final 9. Presentations - 7:35 PM Pres 19-381 Suncor Presentation Attachments: Presentation Pres 19-393 Oakwood Presentation: Metropolitan District Attachments: Presentation 10. Administrative Council Business - 8:05 PM Pres 19-385 Regional Operator Agreement Update Attachments: Presentation Extraction Regional Operator Agreement Exhibit B - Best Management Practices Exhibits A, C-G Oil and Gas Focus Group Minutes of July 24, 2019 Regional Operator Agreement Public Comments Regional Operator Agreement Public Comments Attachments 11. Reports - 8:35 PM 12. Adjourn - 8:50 PM Commerce City Page 3 Printed on 8/1/2019

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