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City Council

Regular Meeting

Commerce City, CO · June 1, 2020

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Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, June 1, 2020 6:00 PMThis meeting will be conducted electronically via Zoom. There will be no physical meeting. Public access to this meeting can be found in the agenda below. The meeting will also be live on Channel 8 and c3gov.com/video Regular Meeting via Zoom Per Ordinance 2271 the City Manager is authorized to conduct this meeting via Zoom 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 Huseman on June 1, 2020, at 6:00 PM. Present: 9 - Mayor Benjamin Huseman, Mayor Pro Tem Nicole Frank, Council Member Oscar Madera, Council Member Jennifer Allen-Thomas, Council Member Susan Noble, Council Member Jose Guardiola, Council Member Craig Hurst, Council Member Meghan Grimes and Council Member Robyn Smith 2. Citizen Communication Commerce City Page 1 City Council Meeting Minutes - Final June 1, 2020 20-33 Citizen Communication - City Council will conduct this meeting virtually via Zoom as the Civic Center remains closed out of precaution for COVID-19. There will be the opportunity for public comment at the meeting during citizen communication and/or for each agenda item. Comments may be consolidated under the Citizen Comment part of the meeting. The public can submit their comments live during the meeting via Zoom or in advance using the online form or mail. Visit c3gov.com/council and click on “Meeting agendas” for the full meeting agenda and instructions on how to submit comments. The deadline to register to comment and to submit written comments is noon on June 1. Susan Kochevar spoke on business issues with the city. Steve Douglas spoke on oil and gas development in the city. Kristi Douglas spoke the recent Black Lives Matter protests in Denver and oil and gas development, and pollution in the city. Renee Millard-Chacon spoke on the recent Black Lives Matter protests in Denver, oil and gas development, and pollution in the city. Erika Cervantes spoke on oil and gas development and pollution in the city. Steve Douglas spoke on Ordinance 2268. Thomas Kirkmeyer spoke on Ordinance 2268. 3. Presentations Pres 20-189 COVID-19 Update Deputy City Managers Tinklenberg and Smith, City Attorney Sheesley, and Chief Nichols provided updates on the city's response during the COVID-19 crisis. Pres 20-15 Oil and Gas Monthly Update Domenic Martinelli, Environmental Planner, presented the monthly oil and gas updated. Pres 20-190 Suncor Quarterly Update Donald Austin, Vice President of Suncor Refinery, presented the quarterly Suncor update. Commerce City Page 2 City Council Meeting Minutes - Final June 1, 2020 Pres 20-196 Honnen Building Facility Condition Assessment Review Deputy City Manager Smith presented an updated on the Honnen building's facility condition assessment. A motion was made by Mayor Huseman , seconded by Council Member Guardiola, to direct staff to pull out of the Purchase and Sale Agreement for the Honnen building. VOTE: 9 - Aye 4. Consent Agenda A motion was made by Mayor Pro Tem Frank, seconded by Council Member Grimes, to approve the consent agenda as presented. ROLL CALL VOTE: Aye: 9- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst, Council Member Grimes and Council Member Smith Min 20-67 Revised Minutes of May 4, 2020 Ord 2276 AN ORDINANCE AMENDING THE 2020 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY RECOGNIZING CARES ACT FUNDING AND AUTHORIZING THE EXECUTION OF A RELATED INTERGOVERNMENTAL AGREEMENT Res 2020-33 RESOLUTION AUTHORIZING RENEWAL OF MICROSOFT ENTERPRISE AGREEMENT FOR THE PURCHASE AND USE OF MICROSOFT PRODUCTS, SOFTWARE, AND SERVICES 5. Public Hearings Commerce City Page 3 City Council Meeting Minutes - Final June 1, 2020 Z-204-79-15-20 AN ORDINANCE AMENDING ORDINANCE Z-204-79-15 TO REZONE 0.50 ACRES FROM I-2 TO PUBLIC FOR THE PROPERTY LOCATED AT APPROXIMATELY 8600 ROSEMARY STREET AND TRACT A OF INSTEL STEEL WEST SUBDIVISION COMMERCE CITY, COLORADO AND AMENDING THE ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO TO REFLECT SAID REZONING. Mayor Huseman opened the public hearing. Stacey Wasinger, City Planner, presented the case to council. There was no public comment. Mayor Huseman closed the public hearing. A motion was made by Mayor Pro Tem Frank, seconded by Council Member Grimes, to accept the findings and recommendations of the planning commission. VOTE: 9 - Aye A motion was made by Mayor Pro Tem Frank, seconded by Council Member Allen-Thomas, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 9- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst, Council Member Grimes and Council Member Smith 6. Ordinances on 1st Reading Ord 2268 AN ORDINANCE AMENDING SECTIONS 3-2304 AND 6-2012, CONSOLIDATING SECTIONS 6-2012 AND 6-2013, AND REPEALING AND SAVING SECTION 6-2013 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO MODIFY RESPONSIBILITIES AND STANDARDS FOR THE MAINTENANCE OF WEEDS AND GRASSES AND INCREASING PENALTIES FOR NONCOMPLIANCE Community Development Director Jason Rogers and Public Works Director Joe Wilson provided an overview on the changes to the draft ordinance after council continued the ordinance from the May 18 meeting. A motion was made by Council Member Hurst, seconded by Council Member Madera, that this ordinance be continued to the July 6, 2020 meeting. VOTE: Aye: 9- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst, Council Member Grimes and Council Member Smith Commerce City Page 4 City Council Meeting Minutes - Final June 1, 2020 Ord 2282 AN EMERGENCY ORDINANCE AUTHORIZING TEMPORARY OUTDOOR SERVICE AREAS FOR RESTAURANTS AND BARS IN THE CITY OF COMMERCE CITY, COLORADO A motion was made by Council Member Noble, seconded by Council Member Grimes, to ratify the approval of Ordinance 2282 as an emergency ordinance at the May 28, 2020 special meeting. VOTE: 9 - Aye 7. Administrative Council Business A motion was made by Council Member Hurst, seconded by Council Member Madera, to direct staff to research using CARES Act funding in the next round of business grants to be opened as soon as possible to include at-homes businesses or businesses that do not have a storefront. Council Member Hurst amended his motion to direct staff to come back to council on June 8 with options the council has to spend on the next round grant funding and the changes made after council discussion regarding the eligibility of at-home businesses and businesses without a storefront. Council Member Madera agreed to the amendment. VOTE: 9 - Aye 20-32 Discussion on Future Board and Commission Meeting Schedules Interim City Clerk Dylan Gibson provided an update on the board and commission special meetings. 8. Council Reports Deputy City Manager Tinklenberg highlighted items presented in his weekly report provided to council earlier. The mayor and council reported on their attendance at various meetings and events. 9. Executive Session 20-36 An Executive Session pursuant to C.R.S. 24-6-402(4)(b) for the purpose of receiving legal advice relative to a potential liability claim. A motion was made by Council Member Allen-Thomas, seconded by Council Member Madera, to enter into an executive session pursuant to C.R.S. 24-6-402(4)(b) for the purpose of receiving legal advice relative to a potential liability claim. VOTE: Aye: 9- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst, Council Member Grimes and Council Member Smith Commerce City Page 5 City Council Meeting Minutes - Final June 1, 2020 10. Adjourn The meeting adjourned at 12:14 a.m. on June 2, 2020. In accord with the city charter, the city clerk read the title to all ordinances and resolutions adopted by Council at this meeting. Respectfully submitted by: __________________________ Dylan A. Gibson, Interim City Clerk Commerce City Page 6

Agenda

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Agenda - Final-revised City Council Monday, June 1, 2020 6:00 PM This meeting will be conducted electronically via Zoom. There will be no physical meeting. Public access to this meeting can be found in the agenda below. The meeting will also be live on Channel 8 and c3gov.com/video Regular Meeting via Zoom Per Ordinance 2271 the City Manager is authorized to conduct this meeting via Zoom 1. Call to Order/Roll Call - 6:00 PM 2. Citizen Communication 20-33 Citizen Communication - City Council will conduct this meeting virtually via Zoom as the Civic Center remains closed out of precaution for COVID-19. There will be the opportunity for public comment at the meeting during citizen communication and/or for each agenda item. Comments may be consolidated under the Citizen Comment part of the meeting. The public can submit their comments live during the meeting via Zoom or in advance using the online form or mail. Visit c3gov.com/council and click on “Meeting agendas” for the full meeting agenda and instructions on how to submit comments. The deadline to register to comment and to submit written comments is noon on June 1. Attachments: Written Comments 3. Presentations - 7:00 PM Pres 20-189 COVID-19 Update Pres 20-15 Oil and Gas Monthly Update Attachments: Presentation Form 44 Flowline Notice Pres 20-190 Suncor Quarterly Update Attachments: Presentation Commerce City Page 1 Printed on 6/1/2020 City Council Meeting Agenda - Final-revised June 1, 2020 Pres 20-196 Honnen Building Facility Condition Assessment Review Attachments: Public Works Memo on Facility Condition Assessment May 26 2020 Facility Condition Assessment Report Honnen Infrastructure Upgrades Quote First Amendment to the Purchase and Sale Agreement Presentation 4. Consent Agenda - 8:15 Min 20-67 Revised Minutes of May 4, 2020 Attachments: Revised Minutes Original Draft Minutes Ord 2276 AN ORDINANCE AMENDING THE 2020 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY RECOGNIZING CARES ACT FUNDING AND AUTHORIZING THE EXECUTION OF A RELATED INTERGOVERNMENTAL AGREEMENT Attachments: Ordinance Exhibit A - Intergovernmental Agreement Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-and-Tribal-Governments Res 2020-33 RESOLUTION AUTHORIZING RENEWAL OF MICROSOFT ENTERPRISE AGREEMENT FOR THE PURCHASE AND USE OF MICROSOFT PRODUCTS, SOFTWARE, AND SERVICES Attachments: Resolution Sole Source Justification Council Summary 5. Public Hearings - 8:20 PM Commerce City Page 2 Printed on 6/1/2020 City Council Meeting Agenda - Final-revised June 1, 2020 Z-204-79-15- AN ORDINANCE AMENDING ORDINANCE Z-204-79-15 TO REZONE 20 0.50 ACRES FROM I-2 TO PUBLIC FOR THE PROPERTY LOCATED AT APPROXIMATELY 8600 ROSEMARY STREET AND TRACT A OF INSTEL STEEL WEST SUBDIVISION COMMERCE CITY, COLORADO AND AMENDING THE ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO TO REFLECT SAID REZONING. Attachments: Ordinance Vicinity map Staff Report Planning Commission Minutes of May 12, 2020 Written Narrative Draft Site Plan Draft Subdivision Plat Presentation This public hearing will be conducted electronically via Zoom. There will be an opportunity to testify live during the meeting via Zoom or in advance using the online form or mail. Visit c3gov.com/council and click on “Virtual Meeting and Public Comment Instructions” for instructions on how to register or submit comments. The deadline to register to comment and to submit written comments is noon on Monday, June 1. Please contact the City Clerk to request paper copies of materials. 6. Ordinances on 1st Reading - 8:35 PM Ord 2268 AN ORDINANCE AMENDING SECTIONS 3-2304 AND 6-2012, CONSOLIDATING SECTIONS 6-2012 AND 6-2013, AND REPEALING AND SAVING SECTION 6-2013 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO MODIFY RESPONSIBILITIES AND STANDARDS FOR THE MAINTENANCE OF WEEDS AND GRASSES AND INCREASING PENALTIES FOR NONCOMPLIANCE Attachments: Ordinance Exhibit A - Sec. 3-2304 Penalties - Redline Revised Sec. 3-2304 Penalties Exhibit B - Sec. 6-2012 Weeds and Vegetation - Redline Revised Sec. 6-2012 Weeds and vegetation City Noxious Weed Management Plan October 14, 2019 Study Session Presentation May 13, 2019 Study Session Presentation Large Tract Owner Response Letters Written Comments May 4, 2020 Presentation June 1, 2020 Presentation Commerce City Page 3 Printed on 6/1/2020 City Council Meeting Agenda - Final-revised June 1, 2020 Ord 2282 AN EMERGENCY ORDINANCE AUTHORIZING TEMPORARY OUTDOOR SERVICE AREAS FOR RESTAURANTS AND BARS IN THE CITY OF COMMERCE CITY, COLORADO Attachments: Ordinance - Passed on May 28, 2020 Ordinance - Draft CDPHE COVID-19 Guidance for Restaurants 052420 Presentation Ratification of Ordinance No. 2282 which was passed as an emergency ordinance at the May 28, 2020 special city council meeting. 7. Administrative Council Business - 8:45 PM 20-32 Discussion on Future Board and Commission Meeting Schedules 8. Council Reports - 9:05 PM 9. Executive Session - 9:15 PM 20-36 An Executive Session pursuant to C.R.S. 24-6-402(4)(b) for the purpose of receiving legal advice relative to a potential liability claim. 10. Adjourn Any citizen requesting accommodations, with respect to rights under the Americans with Disabilities Act, to attend or participate in any public meeting, and/or to obtain this notice in alternate formats, is asked to please contact the City Clerk at 303-227-8791 as soon as possible before any the meeting. Commerce City Page 4 Printed on 6/1/2020

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