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City Council

Regular Meeting

Commerce City, CO · October 21, 2019

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7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes City Council Monday, October 21, 2019 6:40 PM Council Chambers Regular Meeting Or Immediately Following the Urban Renewal Authority Meeting. Times given are estimates only. 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 October 21, 2019, at 6:30 p.m. A motion was made by Council Member Huseman, seconded by Mayor Pro Tem Teter, to excuse Council Members Davis and Hurst from the meeting. VOTE: 7 - Aye, 2 - Excused (Davis, Hurst) Present: 7 - Mayor Sean Ford , Mayor Pro Tem Rick A. Teter, Council Member Oscar Madera, Council Member Nicole Frank, Council Member Steven J. Douglas, Council Member Benjamin Huseman and Council Member Jose Guardiola Excused: 2 - Council Member Steve Davis and Council Member Craig Hurst 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Proclamations and Recognitions The Mayor and council presented Laura Bauer, city clerk, with the Colorado Municipal Clerks Association's 2019 Clerk of the Year award. Proc 19-17 Proclamation Declaring October 2019 as National Cyber Security Awareness Month in Commerce City Mayor Ford invited the Information Technology staff forward. The city attorney read the proclamation and the council came forward for a photo. A motion was made by Mayor Pro Tem Teter, seconded by Council Member Madera, that this proclamation be approved. Vote: Aye: 7- Mayor Ford, Mayor Pro Tem Teter, Council Member Madera, Council Member Frank, Council Member Douglas, Council Member Huseman and Council Member Guardiola Excused: 2- Council Member Davis and Council Member Hurst Commerce City Page 1 City Council Meeting Minutes October 21, 2019 Proc 19-19 Proclamation Declaring October 2019 as Careers in Construction Month in Commerce City Mayor Ford invited Paul Francisco, Postsecondary and Workforce Readiness Director and Adam Nelson, Construction Trades teacher at Prairie View High School, from the 27J School District and Chris Duran, District Coordinator, Career & Technical Education, from Adams 14 School District forward. The city attorney read the proclamation and the council came forward for a photo. A motion was made by Mayor Pro Tem Teter, seconded by Council Member Frank, that this proclamation be approved. VOTE: Aye: 7- Mayor Ford, Mayor Pro Tem Teter, Council Member Madera, Council Member Frank, Council Member Douglas, Council Member Huseman and Council Member Guardiola Excused: 2- Council Member Davis and Council Member Hurst 4. Citizen Communication Shelagh Burke, representing Adams 14 School District, spoke on the attendance of Adams 14 School District students at the 2019 Youth Commission Conference. Chris Duran, representing Adams 14 School District, informed the council of pre-apprentice vocational opportunities for Adams 14 students. John Poynton, representing Adams 14 School District, invited council at the open house at Alsup Elementary School on Wednesday, October 23, and that a new school will be built in 2020. The following spoke on oil and gas development in the city: Jim Travis, 10233 Salida Street Marc Moran, 12345 Levi Circle Ryan Seastrum, representing Colorado Oil and Gas Association John Brackney, 6300 South Syracuse Street, Centennial Russ Watterson, 11259 Kalispel Street Meghan Grimes, 11788 Fairplay Street Susan Noble, no address given Stephanie Daniels, 16527 East 99th Place, spoke on the prairie dog management contract. Ellie Reynolds, representing Waste Management, spoke on the recently approved trash and recycling contract. John DuPriest, 10157 Fronterra Street, stated his appreciate for the clerk's office work during the election season. 5. Consent Agenda A motion was made by Council Member Madera, seconded by Mayor Pro Tem Teter, to approve the consent agenda as presented. ROLL CALL VOTE: Commerce City Page 2 City Council Meeting Minutes October 21, 2019 Aye: 7- Mayor Ford, Mayor Pro Tem Teter, Council Member Madera, Council Member Frank, Council Member Douglas, Council Member Huseman and Council Member Guardiola Excused: 2- Council Member Davis and Council Member Hurst Min 19-153 Minutes of October 7, 2019 Res 2019-111 RESOLUTION APPOINTING MEMBERS TO DESIGNATED BOARDS AND COMMISSIONS OF COMMERCE CITY Z-777-19 AN ORDINANCE AMENDING THE PUD ZONING OF THE CITY OF COMMERCE CITY, COLORADO FOR THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT 15060 EAST 103RD PLACE, COMMERCE CITY, COLORADO. 6. Public Hearings Res 2019-30 RESOLUTION ADOPTING THE BUDGET FOR THE CITY OF COMMERCE CITY, COLORADO FOR THE YEAR 2020 AND PROVIDING FOR 2019 COMMERCE CITY TAX LEVY Mayor Ford opened the public hearing. Sheryl Carstens, Finance Director, gave an overview of the 2020 budget. Ms. Carstens provided the key considerations for the 2020 budget, an overview of the budget schedule, the budget general fund sources and uses, and a summary of the Capital Improvement Project Program budget. No public comment was made. A motion was made by Council Member Frank, seconded by Council Member Madera, that this public hearing be continued to November 4, 2019. VOTE: Aye: 7- Mayor Ford, Mayor Pro Tem Teter, Council Member Madera, Council Member Frank, Council Member Douglas, Council Member Huseman and Council Member Guardiola Excused: 2- Council Member Davis and Council Member Hurst Ordinances on 1st Reading Ord 2244 AN ORDINANCE CONSOLIDATING THE FUTURE GROWTH FUND AND TRANSFERRING THE REMAINING BALANCE INTO THE CAPITAL IMPROVEMENTS AND PRESERVATION PLAN FUND (CIPP) THEREBY ELIMINATING THE FUTURE GROWTH FUND. A motion was made by Council Member Huseman, 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 October 21, 2019 Aye: 7- Mayor Ford, Mayor Pro Tem Teter, Council Member Madera, Council Member Frank, Council Member Douglas, Council Member Huseman and Council Member Guardiola Excused: 2- Council Member Davis and Council Member Hurst Ord AN-253-19 AN ORDINANCE ANNEXING CERTAIN UNINCOPORATED TERRITORY KNOWN AS THIRD CREEK WEST (1 OF 2) TO THE CITY OF COMMERCE CITY, COLORADO A motion was made by Council Member Huseman, seconded by Mayor Pro Tem Teter, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 7- Mayor Ford, Mayor Pro Tem Teter, Council Member Madera, Council Member Frank, Council Member Douglas, Council Member Huseman and Council Member Guardiola Excused: 2- Council Member Davis and Council Member Hurst Ord AN-254-19 AN ORDINANCE ANNEXING CERTAIN UNINCOPORATED TERRITORY KNOWN AS THIRD CREEK WEST (2 OF 2) TO THE CITY OF COMMERCE CITY, COLORADO A motion was made by Council Member Huseman, seconded by Mayor Pro Tem Teter, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 7- Mayor Ford, Mayor Pro Tem Teter, Council Member Madera, Council Member Frank, Council Member Douglas, Council Member Huseman and Council Member Guardiola Excused: 2- Council Member Davis and Council Member Hurst Z-946-17-19 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO FOR REZONING TO PUD ZONE DISTRICT AND APPROVING A PUD ZONE DOCUMENT FOR THE PROPERTY ANNEXED AS THIRD CREEK WEST FROM ADCO (UNINCORPORATED ADAMS COUNTY) TO PUD (PLANNED UNIT DEVELOPMENT) A motion was made by Council Member Huseman, seconded by Mayor Pro Tem Teter, to accept the findings and recommendations of the planning commission. VOTE: 7 - Aye, 2 - Excused (Davis, Hurst) A motion was made by Council Member Douglas, seconded by Mayor Pro Tem Teter, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 7- Mayor Ford, Mayor Pro Tem Teter, Council Member Madera, Council Member Frank, Council Member Douglas, Council Member Huseman and Council Member Guardiola Excused: 2- Council Member Davis and Council Member Hurst Commerce City Page 4 City Council Meeting Minutes October 21, 2019 7. Ordinances on 2nd Reading LUP-55-19 AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN, OF THE COMPREHENSIVE PLAN OF THE CITY OF COMMERCE CITY, FOR THE PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF EAST 104TH AVENUE AND POTOMAC STREET, FROM OFFICE/FLEX TO MIXED USE (CORRIDOR AND COMMERCIAL) A motion was made by Mayor Pro Tem Teter, seconded by Council Member Huseman, that this ordinance be approved on second & final reading. VOTE: Aye: 7- Mayor Ford, Mayor Pro Tem Teter, Council Member Madera, Council Member Frank, Council Member Douglas, Council Member Huseman and Council Member Guardiola Excused: 2- Council Member Davis and Council Member Hurst 8. Administrative Council Business Council Member Douglas requested an update on the contract with United States Department of Agriculture's Wildlife Services Division for prairie dog management services. Mike Brown, Deputy Director of Public Works, stated the services were substantially completed that day. A motion was made by Council Member Madera, seconded by Council Member Douglas, to direct staff to draft an ordinance for consideration on November 4, 2019 to institute a one-month moratorium on oil and gas development in the city in order to allow city staff to review the Colorado Department of Public Health and Environment study and incorporate those findings into the upcoming Land Development Code update ordinances. Council Member Madera withdrew his motion. A motion was made by Mayor Pro Tem Teter, seconded by Council Member Madera, to authorize a second extension of the Mile High Greyhound Park design guideline deadlines as part of the amendment to the purchase and sale agreement to November 4, 2019. VOTE: 6 - Aye, 1 - Nay (Huseman), 2 - Excused (Davis, Hurst) A motion was made by Council Member Douglas, seconded by Council Member Huseman, to set special meetings of the city council on November 11 and November 25 for the purpose of conducting employee evaluations. VOTE: 7 - Aye, 2 - Excused (Davis, Hurst) A motion was made by Council Huseman, seconded by Mayor Ford, to donate $1000 to the Adams City High School JROTC ball. VOTE: 7 - Aye, 2 - Excused (Davis, Hurst) Commerce City Page 5 City Council Meeting Minutes October 21, 2019 Pres 19-471 Monthly Oil and Gas Update Domenic Martinelli, City Planner, gave the oil and gas monthly update. Mr. Martinelli stated two new oil and gas permits have been submitted by Extraction Oil and Gas and reviewed by the city. Council Member Douglas asked how the oil and gas permitting process was impacted by the recently released Colorado Department of Public Health and Environment study. Mr. Martinelli stated the COGCC was considering additional set back and rule making criteria for oil and gas permits and that the city could consider additional requirements for oil and gas permit approvals as part of the upcoming Land Development Code update ordinances. Council Member Huseman asked if the alternate site for the Condor pad was still being considered. Mr. Martinelli stated the alternate site was not an official proposal, the city will continue reviewing the Condor site permit as submitted, but would consider the alternate site if a permit was submitted. 19-69 Trash and Recycling Bid Recommendation Follow-up Information Mike Brown, Deputy Director of Public Works, provided an update to Council on the trash and recycling bid. Mr. Brown provided a background on trash and recycling services in the city, the trash and recycling bid results, and stated that the staff recommendation was to award Republic Services the contract. 9. Council Reports Deputy City Manager Tinklenberg highlighted items presented in the weekly City Manager's report provided to council earlier. The mayor and council reported on their attendance at various meetings and events. 10. Adjourn The meeting adjourned at 8:54 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 6

Agenda

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Agenda - Final City Council Monday, October 21, 2019 6:40 PM Council Chambers Regular Meeting Or Immediately Following the Urban Renewal Authority Meeting. Times given are estimates only. 1. Call to Order/Roll Call - 6:40 PM 2. Pledge of Allegiance 3. Proclamations and Recognitions 6:45 PM Proc 19-17 Proclamation Declaring October 2019 as National Cyber Security Awareness Month in Commerce City Attachments: Proclamation Proc 19-19 Proclamation Declaring October 2019 as Careers in Construction Month in Commerce City Attachments: Proclamation 4. Citizen Communication - 6:55 PM A Public Comment Roster is available immediately inside the Council Chambers. Anyone who would like to address Council on the business and affairs of the City will be given the opportunity after signing the roster subject to Council Policies, including CP-16 and CP-20. Speakers shall limit their comments to three minutes and are encouraged to state their points as briefly and clearly as possible. Comments on specific ordinances and resolutions not on the consent agenda and public hearings and land use cases must be reserved until the appropriate agenda item. 5. Consent Agenda - 7:55 PM Min 19-153 Minutes of October 7, 2019 Attachments: Minutes Res RESOLUTION APPOINTING MEMBERS TO DESIGNATED BOARDS 2019-111 AND COMMISSIONS OF COMMERCE CITY Attachments: Resolution Commerce City Page 1 Printed on 10/18/2019 City Council Meeting Agenda - Final October 21, 2019 Z-777-19 AN ORDINANCE AMENDING THE PUD ZONING OF THE CITY OF COMMERCE CITY, COLORADO FOR THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, AND LOCATED AT 15060 EAST 103RD PLACE, COMMERCE CITY, COLORADO. Attachments: Ordinance Vicinity Map Staff Report Narrative PUD Amendment Planning Commission Minutes August 6, 2019 Presentation 6. Public Hearings - 8:00 PM Res 2019-30 RESOLUTION ADOPTING THE BUDGET FOR THE CITY OF COMMERCE CITY, COLORADO FOR THE YEAR 2020 AND PROVIDING FOR 2019 COMMERCE CITY TAX LEVY Attachments: Resolution Presentation Affidavit of Publication Ordinances on 1st Reading - 8:05 PM Ord 2244 AN ORDINANCE CONSOLIDATING THE FUTURE GROWTH FUND AND TRANSFERRING THE REMAINING BALANCE INTO THE CAPITAL IMPROVEMENTS AND PRESERVATION PLAN FUND (CIPP) THEREBY ELIMINATING THE FUTURE GROWTH FUND. Attachments: Ordinance Ord AN ORDINANCE ANNEXING CERTAIN UNINCOPORATED TERRITORY AN-253-19 KNOWN AS THIRD CREEK WEST (1 OF 2) TO THE CITY OF COMMERCE CITY, COLORADO Attachments: Ordinance Vicinity Map Annexation Petition Annexation Map Annexation Agreement Presentation Commerce City Page 2 Printed on 10/18/2019 City Council Meeting Agenda - Final October 21, 2019 Ord AN ORDINANCE ANNEXING CERTAIN UNINCOPORATED TERRITORY AN-254-19 KNOWN AS THIRD CREEK WEST (2 OF 2) TO THE CITY OF COMMERCE CITY, COLORADO Attachments: Ordinance Vicinity Map Annexation Petition Annexation Map Annexation Agreement Presentation Z-946-17-19 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO FOR REZONING TO PUD ZONE DISTRICT AND APPROVING A PUD ZONE DOCUMENT FOR THE PROPERTY ANNEXED AS THIRD CREEK WEST FROM ADCO (UNINCORPORATED ADAMS COUNTY) TO PUD (PLANNED UNIT DEVELOPMENT) Attachments: Ordinance Staff Report Vicinity Map Applicant's Narrative PUD Zone Document Neighborhood Meeting Notes Drainage Agreement Planning Commission Meeting Minutes of August 6, 2019 Presentation 7. Ordinances on 2nd Reading - 8:25 PM Commerce City Page 3 Printed on 10/18/2019 City Council Meeting Agenda - Final October 21, 2019 LUP-55-19 AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN, OF THE COMPREHENSIVE PLAN OF THE CITY OF COMMERCE CITY, FOR THE PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF EAST 104TH AVENUE AND POTOMAC STREET, FROM OFFICE/FLEX TO MIXED USE (CORRIDOR AND COMMERCIAL) Attachments: Ordinance Vicinity Map Staff Report Amendment Narrative Conceptual Plan Planning Commission Minutes August 6, 2019 Planning Commission Minutes September 3, 2019 Presentation 8. Administrative Council Business - 8:30 PM Pres 19-471 Monthly Oil and Gas Update Attachments: Presentation 19-69 Trash and Recycling Bid Recommendation Follow-up Information Attachments: Resolution Presentation July 8, 2019 City Council Study Session Presentation Requst For Proposals September 23, 2019 City Council Study Session Presentation on Bid Results September 23, 2019 City Council Study Session Supplemental Presentation Response Worksheet 9. Council Reports - 9:15 PM 10. Adjourn - 9:30 PM Commerce City Page 4 Printed on 10/18/2019

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