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City Council

Regular Meeting

Commerce City, CO · June 15, 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 15, 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 15, 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 15, 2020 20-37 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 15. Shaina Oliver spoke on affordable housing and oil and gas development in the city. Ronna Sanchez spoke on the city manager resignation agreement and oil and gas development in the city. Kristi Douglas spoke on the June 8 study session discussion on the oil and gas presentation and requested the council pass a moratorium on oil and gas development in the city. Steve Douglas spoke on the reunion sales and use tax reimbursement extension agreement, the resolution approving the comprehensive plan contract on the consent agenda, and the executive session item on instructing negotiators relative to the proposed extension of the sales and use tax rebate agreement with Reunion Metropolitan District. 3. Presentations Pres 20-214 COVID-19 Update Deputy City Managers Tinklenberg and Smith, City Attorney Sheesley, and Chief Nichols provided an update on the City's response to the COVID-19 crisis. Pres 20-197 Presentation Regarding Request to Extend the Reunion Sales and Use Tax Reimbursement Agreement Deputy City Manager Tinklenberg presented on the request to extend the Reunion sales and use tax reimbursement agreement. 4. Consent Agenda Council Member Noble requested to pull Resolution 2020-34. A motion was made by Mayor Pro Tem Frank, seconded by Council Member Noble, to approve the consent agenda as amended. 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 Commerce City Page 2 City Council Meeting Minutes - Final June 15, 2020 Ord 2277 AN ORDINANCE AMENDING THE 2020 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE NATIONAL LEAGUE OF CITIES’ CENSUS RAPID RESPONSE GRANT PROGRAM IN THE AMOUNT OF $9,400 AND AUTHORIZATION OF THE EXPENDITURE THEREOF. Ord 2278 AN ORDINANCE AMENDING THE 2020 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE COLORADO AUTO THEFT PREVENTION AUTHORITY GRANT PROGRAM IN THE AMOUNT OF $200,000 AND AUTHORIZATION OF THE EXPENDITURE THEREOF AND A RELATED INTERGOVERNMENTAL AGREEMENT. Ord 2280 AN ORDINANCE AMENDING THE 2020 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THROUGH THE CARES ACT IN THE AMOUNT OF $246,587 AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. Res 2020-34 RESOLUTION APPROVING SELECTION OF HOUSEAL LAVIGNE ASSOCIATES TO PROVIDE A COMPREHENSIVE PLAN UPDATE Council Member Noble stated they requested to pull Resolution 2020-34 in order to receive a presentation on the Comprehensive Plan and postpone the item until such presentation can be made. A motion was made by Council Member Noble, seconded by Council Member Allen-Thomas, that this resolution be continued. 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 Res 2020-35 RESOLUTION AMENDING THE DIRECTORY OF CITY FEES AND CHARGES Res 2020-41 Funding Resolution for a Third Round of COVID 19 Small Business Grants 5. Resolutions Mayor Huseman opened the consolidated public hearing on Resolution 2020-36 and Resolution 2020-37. There was no public comment. Mayor Huseman closed the public hearing. Commerce City Page 3 City Council Meeting Minutes - Final June 15, 2020 Res 2020-36 RESOLUTION APPROVING A SUBSTANTIAL AMENDMENT TO THE 2016-2020 CONSOLIDATED PLAN’S CITIZEN PARTICIPATION PLAN A motion was made by Mayor Pro Tem Frank, seconded by Council Member Allen-Thomas, that this resolution be adopted. 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 Res 2020-37 RESOLUTION APPROVING THE FIRST SUBSTANTIAL AMENDED 2019 ANNUAL ACTION PLAN A motion was made by Mayor Pro Tem Frank, seconded by Council Member Allen-Thomas, that this resolution be adopted. 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 Res 2020-39 RESOLUTION AUTHORIZING THE EXPENDITURE OF CARES ACT FUNDING TO PROVIDE MORTGAGE AND RENT RELIEF TO COMMERCE CITY HOUSEHOLDS Director of Community Development Jason Rogers provided an overview of the proposed mortgage and rent assistance program. A motion was made by Mayor Pro Tem Frank, seconded by Council Member Allen-Thomas, that this resolution be adopted. 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. Administrative Council Business A motion was made by Council Member Noble, seconded by Council Member Guardiola, to schedule a meeting to receive information on the Commerce City police department, the police accountability bill, and other related issues including intergovernmental agreements for police response in surrounding communities. VOTE: 9 - Aye A motion was made by Council Member Guardiola, seconded by Council Member Allen-Thomas, to create a council policy subcommittee for reviewing council policies and how council relates to staff. VOTE: 9 - Aye Commerce City Page 4 City Council Meeting Minutes - Final June 15, 2020 20-38 City Manager Resignation Agreement A motion was made by Council Member Frank, seconded by Council Member Hurst, to approve the city manager resignation agreement. VOTE: 5 - Aye, 4 - Nay (Allen-Thomas, Grimes, Guardiola, Noble) 7. Council Reports Deputy City Manager Tinklenberg highlighted items presented in the city manager's weekly report provided to council earlier. The mayor and council reported on their attendance at various meetings and events. 8. Executive Session 20-35 An executive session including only the City Council and City’s staff and legal counsel, pursuant to CRS 24-6-402(e) for the purpose of determining and developing negotiating positions and strategy and instructing negotiators relative to the proposed extension of the sales and use tax rebate agreement with Reunion Metropolitan District. No motion was made to enter into executive session. 9. Adjourn The meeting adjourned at 8:15 p.m. 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, Deputy City Clerk Commerce City Page 5

Agenda

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Agenda - Final-revised City Council Monday, June 15, 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 20-37 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 15. 3. Presentations - 7:00 PM Pres 20-214 COVID-19 Update Pres 20-197 Presentation Regarding Request to Extend the Reunion Sales and Use Tax Reimbursement Agreement Attachments: Presentation Intergovernmental Agreement with The City of Commerce City and Reunion 2003-02-24 Consolidated Development Agreement 2001 - Reunion 4. Consent Agenda - 7:45 PM Commerce City Page 1 Printed on 6/15/2020 City Council Meeting Agenda - Final-revised June 15, 2020 Ord 2277 AN ORDINANCE AMENDING THE 2020 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE NATIONAL LEAGUE OF CITIES’ CENSUS RAPID RESPONSE GRANT PROGRAM IN THE AMOUNT OF $9,400 AND AUTHORIZATION OF THE EXPENDITURE THEREOF. Attachments: Ordinance NLC Census Rapid Response Grant Ord 2278 AN ORDINANCE AMENDING THE 2020 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE COLORADO AUTO THEFT PREVENTION AUTHORITY GRANT PROGRAM IN THE AMOUNT OF $200,000 AND AUTHORIZATION OF THE EXPENDITURE THEREOF AND A RELATED INTERGOVERNMENTAL AGREEMENT. Attachments: Ordinance CATPA Grant Award Letter Ord 2280 AN ORDINANCE AMENDING THE 2020 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THROUGH THE CARES ACT IN THE AMOUNT OF $246,587 AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. Attachments: Ordinance CDBG-CV Award Letter to Mayor Res 2020-34 RESOLUTION APPROVING SELECTION OF HOUSEAL LAVIGNE ASSOCIATES TO PROVIDE A COMPREHENSIVE PLAN UPDATE Attachments: Resolution Contract Presentation Res 2020-35 RESOLUTION AMENDING THE DIRECTORY OF CITY FEES AND CHARGES Attachments: Resolution Directory of Fees Res 2020-41 RESOLUTION AUTHORIZING A SUPPLEMENTAL COMMERCE CITY SMALL BUSINESS SUPPORT/RECOVERY GRANT PROGRAM Attachments: Resolution 5. Resolutions - 7:50 PM Commerce City Page 2 Printed on 6/15/2020 City Council Meeting Agenda - Final-revised June 15, 2020 Res 2020-36 RESOLUTION APPROVING A SUBSTANTIAL AMENDMENT TO THE 2016-2020 CONSOLIDATED PLAN’S CITIZEN PARTICIPATION PLAN Attachments: Resolution 2020-36 Redline - Amendment to the Citizen Participation Plan Clean - Amendment to the Citizen Participation Plan Presentation Res 2020-37 RESOLUTION APPROVING THE FIRST SUBSTANTIAL AMENDED 2019 ANNUAL ACTION PLAN Attachments: Resolution Redline - Amendment to 2019 Annual Action Plan Clean - Amendment to 2019 Annual Action Plan Presentation Res 2020-39 RESOLUTION AUTHORIZING THE EXPENDITURE OF CARES ACT FUNDING TO PROVIDE MORTGAGE AND RENT RELIEF TO COMMERCE CITY HOUSEHOLDS Attachments: Resolution 6. Administrative Council Business - 8:20 PM 20-38 City Manager Resignation Agreement Attachments: City Manager Resignation Agreement 7. Council Reports - 8:35 PM 8. Executive Session - 8:45 PM 20-35 An executive session including only the City Council and City’s staff and legal counsel, pursuant to CRS 24-6-402(e) for the purpose of determining and developing negotiating positions and strategy and instructing negotiators relative to the proposed extension of the sales and use tax rebate agreement with Reunion Metropolitan District. 9. Adjourn - 9:00 PM 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 3 Printed on 6/15/2020

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